House Report 116-452 — Transportation, Housing and Urban Development Appropriations Bill, 2021
Summary
Report 116-452 of the 116th Congress, 2d Session, dated July 16, 2020, from the Committee on Appropriations on H.R. 7616, the Departments of Transportation, and Housing and Urban Development, and Related Agencies Appropriations Bill, 2021, submitted by Mr. Price of North Carolina together with minority views. The index lists a Transportation title, a Housing and Urban Development title, Related Agencies, General Provisions and a title on Additional Infrastructure Investments. A passage near page 119 says the Committee rejects the budget request proposal to rescind $2,000,000 in unobligated balances from the section 184A loan guarantee program, which it says operates on a negative subsidy basis.
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Cite this document
“House Report 116-452 — Transportation, Housing and Urban Development Appropriations Bill, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt452-crpt-116hrpt452/
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–452
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND
URBAN DEVELOPMENT, AND RELATED AGENCIES AP-
PROPRIATIONS BILL, 2021
JULY 16, 2020.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. PRICE of North Carolina, from the Committee on
Appropriations, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7616]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for the
Departments of Transportation, Housing and Urban Development,
and related agencies for the fiscal year ending September 30, 2021.
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I—Department of Transportation .................................................... 2 8
Title II—Department of Housing and Urban Development ................... 108 99
Title III—Related Agencies ....................................................................... 210 145
Title IV—General Provisions .................................................................... 215 151
Title V—Additional Infrastructure Investments ..................................... 233 153
Minority Views ........................................................................................... ........ 219
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2021, 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 accom-
panying bill, the terms ‘‘program, project, and activity’’ (PPA) shall
mean any item for which a dollar amount is contained in appro-
priations acts (including joint resolutions providing continuing ap-
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propriations) and accompanying reports of the House and Senate
40–846
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Committees on Appropriations, or accompanying conference reports
and joint explanatory statements of the committee of conference.
This definition shall apply to all programs for which new budget
(obligational) authority is provided, as well as to discretionary
grants and discretionary grant allocations made through either bill
or report language.
The Committee directs the Departments and agencies funded by
this bill to address each number listed in the reports in their re-
spective operating plans and warns that efforts to operate pro-
grams 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 (section 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 Appro-
priations not later than 60 days after enactment of this Act to es-
tablish the baseline for application of reprogramming and transfer
authorities provided in this Act. Specifically, each agency must pro-
vide a table for each appropriation with columns displaying the
budget request; adjustments made by Congress; adjustments for re-
scissions, 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 inter-
est. Should the agency create, alter, discontinue, or otherwise
change any program as described in the agency’s budget justifica-
tion, those changes must be a part of the agency’s operating plan.
Finally, the agency shall submit with the operating plan a sum-
mary of the reporting requirements contained in this Act, the
House and Senate reports, and the statement of the managers. The
summary should include Inspector General and Government Ac-
countability Office reports as well. In certain instances, the Com-
mittee may direct the agency to submit a revised operating plan for
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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.
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The Committee expects the agencies and bureaus to submit re-
programming requests in a timely manner and to provide a thor-
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 budg-
etary impacts and a separate accounting of program or mission im-
pacts on estimated carryover funds. Reprogramming procedures
shall apply to funds provided in this Act, unobligated balances from
previous appropriations Acts that are available for obligation or ex-
penditure in fiscal year 2021, and non-appropriated resources such
as fee collections that are used to meet program requirements in
fiscal year 2021.
The Committee expects each agency to manage its programs and
activities within the amounts appropriated by the 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, 2021. Further, the Committee notes that when an
agency submits a reprogramming or transfer request to the Com-
mittees on Appropriations and does not receive identical responses
from the House and Senate, it is the responsibility of the agency
to reconcile the House and Senate differences before proceeding
and, if reconciliation is not possible, to consider the request to re-
program funds unapproved.
The Committee would also like to clarify that this section applies
to working capital funds of both the Department of Transportation
(DOT) and Department of Housing and Urban Development (HUD)
and that no funds may be obligated from working capital fund ac-
counts to augment programs, projects, or activities for which appro-
priations have been specifically rejected by the Congress, or to in-
crease funds or personnel for any PPA above the amounts appro-
priated 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 re-
quirements 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 deci-
sions. The Committee continues the direction that justifications
submitted with the fiscal year 2022 budget request by agencies
funded under this Act contain the customary level of detailed data
and explanatory statements to support the appropriations requests
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at the level of detail contained in the funding table included at the
end of this report. Among other items, agencies shall provide a de-
tailed discussion of proposed new initiatives, proposed changes in
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the agency’s financial plan from prior year enactment, detailed
data on all programs, and comprehensive information on any office
or agency restructurings. At a minimum, each agency must also
provide adequate justification for funding and staffing changes for
each individual office and materials that compare programs,
projects, and activities that are proposed for fiscal year 2022 to the
fiscal year 2021 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 ad-
vance on its planned presentation for its budget justification mate-
rials in support of the fiscal year 2022 budget request.
OTHER MATTERS
The Committee directs each of the Departments and agencies
funded by this Act to identify opportunities to prioritize resilience,
equity, regional efforts, and robust stakeholder engagement.
Resiliency.—The Committee believes that every new construction
or major rehabilitation project funded by this Act should be con-
structed to the most current relevant standards and that these
projects should address the risk of structure failure or loss of use
from natural hazards throughout the lifetime of the project. As a
measure of responsible fiscal prudence, resilient construction and
land management practices should be integrated into every pro-
gram funded by this Act.
Performance measures.—The Committee directs each of the De-
partments and agencies funded by this Act to comply with title 31
of the United States Code, including the development of their orga-
nizational priority goals and outcomes such as performance out-
come measures, output measures, efficiency measures, and cus-
tomer service measures.
Customer service.—The Committee continues to support efforts to
improve customer service in accordance with Executive Order
13571. The Committee directs all Departments and agencies fund-
ed by this Act to develop standards to improve customer service
and incorporate the standards into the performance plans required
under title 31 of the United States Code. Further, the Committee
recognizes not all Departments and agencies are subject to Execu-
tive Order 13571. For such Departments and agencies funded by
this Act, the Committee directs the Departments and agencies to
make continuous improvements and adopt best practices for im-
proving customer service.
Regional councils of government.—The Committee recommends
that all Departments and agencies funded by this Act list regional
councils and councils of governments as eligible entities in competi-
tions for Federal funding whenever local governments or non-profit
agencies are eligible entities. Furthermore, the Committee encour-
ages all Departments and agencies funded by this Act to actively
seek opportunities for regional councils and councils of govern-
ments to serve as lead applicants and grantees in order to encour-
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age and expand greater regional collaboration. In the competitive
grants process, all Departments and agencies funded by this Act
should work with entities having previous experience with admin-
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istering Federal funding that resulted in successful, comprehensive,
well-coordinated outcomes.
Native plant preference.—In undertaking a land management ac-
tivity on lands under the jurisdiction of any of the Departments or
agencies funded by this Act, including maintenance and restoration
in response to degradation caused by human activity or natural
events (such as fire, flood, or infestation), the Committee continues
to direct that it be the policy of the aforementioned agencies that
preference shall be made, to the extent practicable, for the use of
locally adapted native plant materials.
Contracting.—As the largest advertiser in the United States, the
Federal government should work to ensure fair access to its adver-
tising contracts for small, disadvantaged businesses and businesses
owned by minorities and women. The Committee directs each De-
partment and agency funded by this Act to submit the following in-
formation in a report to the House and Senate Committees on Ap-
propriations no later than 30 days after the submission of the fiscal
year 2022 budget justification: expenditures for fiscal year 2020
and expected expenditures for fiscal year 2021, respectively, for (1)
all contracts for advertising services and (2) contracts for the ad-
vertising services of all Small Business Administration-recognized
socioeconomic subcategory-certified small businesses, as defined in
the Small Business Act, and women- and minority-owned busi-
nesses.
In addition, the Committee encourages Federal Departments and
agencies to consider using, to the greatest extent possible, local
media in their advertising, including local television, radio broad-
cast stations, and newspapers. The Committee further directs each
Department and agency funded by this Act with annual advertising
budgets in excess of $500,000 to include details on expenditures on
local media advertising for fiscal years 2020 and 2021 in the report
specified in the previous paragraph.
Targeted investments in impoverished areas.—The Committee
supports targeted investments in impoverished areas, particularly
in persistent poverty counties and in other high-poverty census
tracts. To understand how programs funded through the Depart-
ments and agencies funded by this Act are serving these particular
areas, House Report 116–106 directed those Departments and
agencies to submit a report on the percentage of funds allocated by
each program in fiscal years 2017, 2018, and 2019 and estimates
for fiscal year 2020 that serve populations living in persistent pov-
erty counties or census tracts. The Committee looks forward to re-
ceiving the reports on this information from the Departments and
agencies funded by this Act, and reiterates that if current data col-
lected for a program are unable to be readily aggregated by county
or census tract, then a statement on the limitations of the data for
that program shall satisfy such reporting requirement. Upon com-
pleting the initial report required by House Report 116–106, the
Committee directs the Departments and agencies funded by this
Act to update the information with the data for the next fiscal year.
Therefore, in fiscal year 2021, the Departments and agencies fund-
ed by this Act shall report information for fiscal year 2020 to the
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House and Senate Committees on Appropriations within 90 days of
such data being available. Further, for Departments and agencies
funded by this Act that identify a program for which current data
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6
collected are unable to be readily aggregated by county or census
tract, the Committee directs such Departments and agencies to
consult with the House and Senate Committees on Appropriations
prior to initiating the report for the next fiscal year in order to de-
termine if available data which is similar in nature to county or
census tract can satisfy such reporting requirement.
Fair access to science and technology research.—The Committee
applauds the considerable progress made by the White House Of-
fice of Science and Technology Policy (OSTP) on the Department
and agency public access plans required by the February 22, 2013
Memorandum on Increasing Access to the Results of Federally
Funded Scientific Research. The Committee understands that 22
Departments and agencies with annual expenditures on research
and development of $100,000,000 or more have completed their
public access plans for increasing access to peer reviewed scholarly
publications and digital data resulting from Federally funded re-
search. The Committee encourages OSTP to continue its efforts to
coordinate the implementation of public access policies across all
Departments and agencies funded by this Act and to identify addi-
tional opportunities to enhance access to the results of Federally
funded research. The Committee urges OSTP to report on an an-
nual basis on the progress of all Departments and agencies funded
by this Act in implementing their public access plans, including rel-
evant measures of progress, and on additional steps being taken to
improve access to the results of Federally funded research. Further,
the Committee urges all Departments and agencies funded by this
Act to continue their efforts toward full implementation of their
public access plans, and to provide an update on their progress in
their fiscal year 2022 budget justification.
Land use.—The Committee is concerned with urban sprawl, over-
whelming traffic, and a lack of housing supply in job-rich areas.
The Committee encourages HUD to consult with DOT and issue
joint non-binding guidance outlining voluntary best practices for
land use policies to increase the supply of affordable and market-
rate housing. This guidance should provide recommendations for
local, regional, and State land use agencies to improve their zoning,
such as increasing density, reducing minimum lot sizes, creating
by-right development for multi-family homes, streamlining or
shortening the permitting processes, eliminating impact fees, or al-
lowing accessory dwelling units. This guidance should also focus on
providing best practices to local land use agencies and transit agen-
cies who work together to promote transit-oriented development,
and should consider best practices among urban, suburban, and
rural communities.
Building design.—Since World War II, the United States has fa-
vored investment in virtual space over physical places, individual
autonomy over community, and globalization over local prosperity.
As a result, some cities are sprawling, fragmented, carbon-pro-
ducing, inequitable, unsustainable, and disconnected and prefer in-
dividual mobility over human flourishing. Few buildings are care-
fully considered and those that are tend to be for the wealthiest.
The Committee encourages design professionals, social scientists,
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health experts, industry, academia, and the Federal government to
collaborate on mechanisms that promote cost-effective design best
practices. This partnership could yield walkable, mixed-use, cul-
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turally rich, diverse, resilient, sustainable, healthy, and vibrant
communities that empower all people to have lives of meaning and
purpose. The Committee encourages HUD and DOT to coordinate
with programs focused on community and livability at the Depart-
ment of Agriculture and the Department of Health and Human
Services to establish a new framework for design and building.
HUD and DOT should convene a summit with other agencies and
outside leaders in planning, architecture, and health to create a
new framework for community livability.
Foundations of Evidence-Based Policymaking Act and OPEN
Government Data Act.—The Committee commends DOT and HUD
for taking steps to implement the Foundations of Evidence-Based
Policymaking Act of 2018 (P.L. 115–435) and the OPEN Govern-
ment Data Act, which was enacted as part of P.L. 115–435. DOT
has hired a chief data officer, an evaluation officer, and a senior
staff member to focus on performing an agency capacity assessment
and learning agenda, as required by P.L. 115–435. As part of its
fiscal year 2021 budget request, HUD plans to hire a chief data of-
ficer in order to implement the requirements of P.L. 115–435 and
requested funding under the Management and Administration ac-
counts.
The Committee directs DOT and HUD to report to the House and
Senate Committees on Appropriations no later than 120 days after
enactment of this Act on the implementation of P.L. 115—435 and
progress being made at the Departments. The Committee further
urges DOT and HUD to develop guidance to ensure all relevant
participants and grantees are provided the opportunity to comment
on their respective Department-wide processes of prioritizing evi-
dence needs. In addition, the Committee encourages DOT and HUD
to work towards consolidating existing and leveraging new com-
mercial technologies to implement Federal data initiatives and
carry out pilot projects related to the implementation of the OPEN
Government Data Act.
Federal law enforcement.—The Committee notes that the Com-
merce, Justice, Science, and Related Agencies Appropriations Act,
2021 directs the Attorney General to establish a training program
to cover the use of force and de-escalation, racial profiling, implicit
bias, and procedural justice, to include training on the duty of Fed-
eral law enforcement officers to intervene in cases where another
law enforcement officer is using excessive force, and make such
training a requirement for Federal law enforcement officers. The
Committee further notes that several Departments and agencies
funded by this Act employ Federal law enforcement officers and are
Federal Law Enforcement Training Centers partner organizations.
The Committee directs such Departments and agencies to adopt
and follow the training program established by the Attorney Gen-
eral, and to make such training a requirement for its Federal law
enforcement officers. The Committee further directs such Depart-
ments and agencies to brief the House and Senate Committees on
Appropriations on their efforts relating to training no later than 90
days after the Attorney General has established such a training
program.
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In addition, the Committee directs such Departments and agen-
cies, to the extent that such Departments and agencies have not al-
ready done so, to submit their use of force data to the Federal Bu-
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8
reau of Investigation (FBI)’s National Use of Force Data Collection
database. The Committee further directs such Departments and
agencies to brief the House and Senate Committees on Appropria-
tions no later than 90 days after enactment of this Act on their cur-
rent efforts to tabulate and submit its use of force data to the FBI.
TITLE I—DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
Appropriation, fiscal year 2020 ......................................................... $115,490,000
Budget request, fiscal year 2021 ....................................................... 127,374,000
Recommended in the bill ................................................................... 126,174,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,684,000
Budget request, fiscal year 2021 ................................................ ¥1,200,000
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 Dep-
uty 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 (DOT).
Office of the General Counsel.—The Office of the General Counsel
provides legal services to the Office of the Secretary and coordi-
nates and reviews the legal work of the chief counsels’ offices of the
operating administrations.
Office of the Under Secretary of Transportation for Policy.—The
Office of the Under Secretary of Transportation for Policy serves as
the Department’s chief policy officer, and is responsible for the co-
ordination and development of departmental policy and legislative
initiatives, international standards development and harmoni-
zation, aviation and other transportation-related trade negotia-
tions, the performance of policy and economic analysis, and the
execution of the Essential Air Service program.
Office of the Assistant Secretary for Budget and Programs.—The
Assistant Secretary for Budget and Programs is responsible for de-
veloping, reviewing, and presenting budget resource requirements
for the Department to the Secretary, the Congress, and Office of
Management and Budget.
Office of the Assistant Secretary for Governmental Affairs.—The
Office of the Assistant Secretary for Governmental Affairs is re-
sponsible for coordinating all Congressional, intergovernmental,
and consumer activities of the Department.
Office of the Assistant Secretary for Administration.—The Office
of the Assistant Secretary for Administration serves as the prin-
cipal 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 respon-
sible for the Department’s press releases, articles, briefing mate-
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rials, publications, and audio-visual materials.
Office of the Executive Secretariat.—The Executive Secretariat as-
sists the Secretary and Deputy Secretary in carrying out their re-
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sponsibilities by controlling and coordinating internal and external
documents.
Office of Intelligence, Security, and Emergency Response.—The
Office of Intelligence, Security, and Emergency Response is respon-
sible for intelligence, security policy, preparedness, training and ex-
ercises, national security, and operations.
Office of the Chief Information Officer.—The Office of the Chief
Information Officer serves as the principal advisor to the Secretary
on information resources and information systems management.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $126,174,000 for the
salaries and expenses of the offices comprising the Office of the
Secretary of Transportation. The Committee recommendation in-
cludes individual funding levels in this Act for each office as in
prior fiscal years.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116—136) included $1,753,000 for the sala-
ries and expenses account to prevent, prepare for, and respond to
coronavirus.
Governmental and public affairs reorganization.—The budget re-
quest proposes a reorganization of the governmental and public af-
fairs operations across the Department. Specifically, the Office of
the Secretary is seeking to transfer 1 full-time staff member from
the governmental affairs offices of 9 operating administrations to
the Office of Governmental Affairs in the Office of the Secretary
and to transfer 1 full-time staff member from the public affairs of-
fices of 8 operating administrations to the Office of Public Affairs
in the Office of the Secretary. Under this proposal, the operating
administrations would continue to be responsible for the salaries
and benefits of these 17 employees, while the employees are organi-
zationally and physically located within the Office of the Secretary.
The Committee believes this reorganization would constitute an
augmentation of funds as the operating administrations would be
using fiscal year 2021 salaries and expenses appropriations to sup-
port the work of the Office of the Secretary. The Committee op-
poses this reorganization proposal, and section 194 of this Act pre-
vents the Department from consolidating governmental and public
affairs activities from the operating administrations into the Office
of the Secretary. Further, if the Office of the Secretary wishes to
move forward with expanding its governmental and public affairs
capabilities, then the Committee directs the Department to request
funding for such activities as part of its fiscal year 2022 budget jus-
tification.
Departmental oversight.—In addition to the routine oversight of
the appropriations process conducted by the Committee, the Com-
mittee employs and uses its Surveys and Investigations division to
conduct in depth reviews and analysis of program issues. The Sur-
veys and Investigations division plays an important role in sup-
porting the Committee’s responsibility to appropriate taxpayer dol-
lars wisely and provide oversight of those Federal funds. Each
study is initiated with the full support of the Committee Chair and
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Ranking Member and Subcommittee Chair and Ranking Member.
The Surveys and Investigations division recently completed a re-
port for the Committee on the Federal Railroad Administration’s
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10
consolidated rail infrastructure and safety improvements (CRISI)
grant program. While the Committee appreciates the Department’s
overall cooperation with the Surveys and Investigations division as
it conducted this important review, there were specific and com-
pletely appropriate requests for information relating to the CRISI
grant program which were denied by the Department, including in-
formation related to the scoring of CRISI applications and data
that should have been readily available in the Department’s finan-
cial systems. The Department’s unwillingness to provide this infor-
mation to the Surveys and Investigations division, and therefore
the Committee, is unacceptable. The Committee directs the Depart-
ment to be more forthcoming with information requested by the
Surveys and Investigations division in future reviews. Further, the
Explanatory Statement accompanying the Further Consolidated
Appropriations Act, 2020 (P.L. 116–94) reminds the Department of
Housing and Urban Development that providing timely and accu-
rate information and technical assistance to the House and Senate
Committees on Appropriations is an essential requirement of our
Constitutional democracy and is necessary to conduct oversight of
Federal resources and execution of Congressional direction. The
Committee notes that this direction also applies to the Department
of Transportation.
Open skies.—The Committee continues to urge the Department
to take steps to ensure that U.S. airline carriers and their workers
have a fair and equal opportunity to compete in accordance with
open skies agreements with foreign governments. The Committee
notes that DOT worked with the State Department to reach recent
memorandums of agreement with foreign governments to ensure
transparency, accountability, and enforcement remain important
tenets of open skies agreements. The Committee directs the De-
partment to continue to proactively work with the State Depart-
ment to take appropriate action with any foreign governments
where government subsidies have resulted in market distortion.
The Committee directs the Department to provide regular updates
to the Committee on their activities related to the fair enforcement
of open skies agreements.
Transportation accessibility and mobility.—The Committee recog-
nizes that availability, accessibility, and efficiency of transportation
is essential for everyone to go about their daily lives and provide
for themselves and their families. Transportation systems provide
connections to job and economic opportunities, healthcare,
childcare, education and workforce training, and many other serv-
ices. However, some groups, including pregnant women, older
adults, people with disabilities, and individuals of low income, may
experience unique challenges with accessing or riding public tran-
sit, including making first and last mile connections, adjusting
work schedules to align with transit schedules and, potentially,
paying fares. The Committee recognizes the ongoing work by the
Department to improve accessibility and mobility services and sup-
ports the goals of the Coordinating Council on Access and Mobility
(CCAM), which is housed within the Federal Transit Administra-
tion (FTA). Within 30 days of completion of the CCAM report,
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which is expected in the Fall of 2020, the Committee directs the
Department to brief the House and Senate Committees on Appro-
priations on the results of that report. To continue to increase ac-
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cessibility in transportation, the Committee directs the Department
to identify policy gaps in planning requirements, challenges or op-
portunities with Federal funding eligibilities in competitive grant
and formula programs, and conduct research. In addition, the FTA
shall complete an analysis of the challenges faced by and the acces-
sibility of public transit for pregnant women within 1 year of enact-
ment of this Act and post the analysis on their website.
Infrastructure coordinator.—Mexico is the United States’ third
largest trading partner. The Committee supports strengthening co-
ordination between the Department and other relevant Federal
agencies to improve freight infrastructure development at the
southwest border, which is critical to maintaining this bilateral
trade relationship. Therefore, the Committee directs the Depart-
ment to work with the General Services Administration (GSA), the
Department of Homeland Security (DHS), and other relevant agen-
cies to designate a lead infrastructure coordinator to facilitate more
efficient development of infrastructure projects and to coordinate
with his or her counterpart in the Mexican government. The Com-
mittee looks forward to receiving the report on the Department’s ef-
forts on this matter as required by House Report 116–106.
Ports of entry (POE).—The Committee directs the Department to
coordinate with the Office of Management and Budget, GSA, and
DHS, including U.S. Customs and Border Protection, regarding its
efforts in support of those entities in opening and closing POEs
that affect commercial motor vehicle traffic, including providing
sufficient time to plan for operational and staffing changes. The
Committee strongly encourages the Department to share relevant
information with these entities, when appropriate, and to consider
economic impacts, safety, and input from stakeholders transporting
commercial goods when coordinating with respect to making oper-
ational changes to POEs. The Committee directs the Department
to brief the House and Senate Committees on Appropriations no
later than 60 days after enactment of this Act on its efforts in this
regard.
Value capture.—The Committee understands value capture is the
use of a portion of increased property values created as a result of
public infrastructure investment and is usually part of a mixed
funding and financing package. The Committee encourages more
widespread consideration of value capture as a tool for economic
development and as a non-Federal source of funding for transpor-
tation infrastructure, such as transit and passenger rail projects.
The Committee encourages the Department to improve the dis-
semination of information and education on the benefits of value
capture and guidance on policies and procedures necessary to uti-
lize value capture, and to provide technical assistance as appro-
priate.
Climate change and transportation.—The transportation sector is
a principal contributor to greenhouse gas emissions in the United
States. The Committee recognizes the urgent need to reduce green-
house gas emissions in order to mitigate the impacts of climate
change, as well as the importance of the transportation sector in
that effort. The Committee encourages the Department to integrate
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considerations of the impacts of climate change into all aspects of
the Department’s transportation planning and into competitive
grant and formula programs.
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Alternative fuels.—The Committee notes that the integration of
alternative fuels into the national transportation system presents
opportunities to address climate change and economic growth
through electric vehicle recharging stations, passenger vehicle
biofuel refueling, aviation alternative fuel usage, and increased use
of hydrogen, electric, and other fuels. The Committee directs the
Department to brief the House and Senate Committees on Appro-
priations no later than 180 days after enactment of this Act on the
efforts the Department is taking to encourage adoption of alter-
native fuels, including ongoing collaboration with the Department
of Energy.
Careers in transportation.—Transportation is the backbone of the
national economy, moving people, goods, and services across the
country and beyond. The Committee recognizes the importance of
ensuring the transportation industry workforce is sufficient to meet
future demands. Therefore, the Committee encourages the Depart-
ment to consider initiatives that could increase the number and di-
versity of the transportation workforce, including pilots, airport ex-
ecutives, engineers, truck drivers, inspectors, technicians, and mar-
itime workers, and to focus on engaging the next generation on po-
tential careers in transportation fields.
Cost-benefit analysis.—The Committee understands that the De-
partment utilizes cost-benefit analysis to assist in the competitive
grant application evaluation process. The Committee recognizes
that given the wide array of projects eligible under competitive
grant programs and the diverse types of benefits that might be ap-
plicable to these projects, it is difficult for the Department to use
one standardized cost-benefit analysis form across the entire De-
partment. The Committee further recognizes that completing mul-
tiple different cost-benefit analyses can be challenging for appli-
cants. Therefore, the Committee urges the Department to continue
to assist applicants in developing cost-benefit analyses through
guidance, technical assistance, webinars, debriefs on past applica-
tions, and other means deemed appropriate by the Department.
Distressed coal communities.—The Committee encourages the
Department to prioritize technical assistance to assist coal commu-
nities emerging from economic downturn and to help them utilize
competitive grant programs to revitalize their communities.
Nationally significant freight and highway (INFRA) projects.—
The Committee is concerned that the competitive grant process for
INFRA includes limited transparency into the evaluation process.
Consistent with the recommendations issued by the Government
Accountability Office in GAO–19–541, as part of its annual report
on the program, the Committee directs the Department to include
a summary of each project for which an application was submitted
and a single rating for each project’s ability to fulfill the goals out-
lined in section 117(a)(2) of title 23, United States Code. More
transparency would allow project sponsors to improve applications
in future competitions and enhance public confidence that the De-
partment has selected the most urgent projects of national and re-
gional significance. Further, the Committee encourages the Depart-
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ment to give priority consideration to projects which address the
needs of large metropolitan cities and increase the flow of com-
merce, including at ports, and to applicants which have dem-
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onstrated a successful track record of managing and implementing
complex projects on time and on budget.
North-south four-lane highways.—The Committee encourages the
Department to work with States on projects to complete north-
south four-lane highways, especially in States with no existing
north-south four-lane highways in place and where there are sig-
nificant freight traffic and safety concerns.
Mode-neutral framework.—The Committee is concerned that the
Department’s current approach to autonomous systems could result
in different regulatory structures and safety or operational stand-
ards being imposed on different modes of transportation. The Com-
mittee encourages the Department to develop guidelines so that op-
erating administrations can establish safety and operational stand-
ards, including for automated systems. Such guidelines could facili-
tate research, development, and testing of emerging technologies
and processes by freight transportation industries.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2020 ......................................................... $21,000,000
Budget request, fiscal year 2021 ....................................................... 11,033,000
Recommended in the bill ................................................................... 19,800,000
Bill compared with:
Appropriation, fiscal year 2020 ....................................................... ¥1,200,000
Budget request, fiscal year 2021 ..................................................... +8,767,000
The Office of the Assistant Secretary for Research and Tech-
nology coordinates, facilitates, and reviews the Department’s re-
search and development programs and activities; coordinates and
develops positioning, navigation, and timing (PNT) technology;
maintains PNT policy, coordination, and spectrum management;
manages the nationwide differential global positioning system
(GPS); and oversees and provides direction to the Bureau of Trans-
portation Statistics, the Intelligent Transportation Systems Joint
Program Office, the University Transportation Centers (UTCs) pro-
gram, the John A. Volpe National Transportation Systems Center,
and the Transportation Safety Institute.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $19,800,000 for re-
search and technology activities.
Transportation resilience metrics study.—The Committee con-
tinues to assert that new construction or major rehabilitation
projects funded by the Department through competitive grant and
formula programs should be constructed to the most current rel-
evant standards and address the risk of structural failure or loss
of use from natural hazards throughout the lifetime of the project.
The Committee is pleased that the Department entered into an
agreement in April 2020 with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the Trans-
portation Research Board on effective ways to measure the resil-
ience of transportation systems. The Committee understands the
Transportation Research Board will identify and examine metrics
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to assess the resilience of existing infrastructure and to inform in-
frastructure investment planning across the surface, marine, and
aviation modes for a wide array of natural disasters and hazards.
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The Committee looks forward to receiving the findings and rec-
ommendations of this study as required by P.L. 116–94.
Highly automated systems safety center of excellence (HASS
COE).—As automated systems and technologies become increas-
ingly widespread, the Committee continues to believe that the safe-
ty of the traveling public jointly depends on technology developers,
owners and operators, and appropriate Federal regulations and ef-
fective oversight. The Committee appreciates the Department’s ef-
forts to date to launch the HASS COE as required by P.L. 116–94.
As outlined in section 105 of P.L. 116–94, the HASS COE is in-
tended to serve as a dedicated workforce at the Department capa-
ble of reviewing, assessing, and validating the safety of highly
automated systems across all modes of transportation. To ensure
the Department has the necessary expertise and capabilities within
the HASS COE to collaborate with and provide support to all oper-
ating administrations, the Committee directs the Department to
staff the HASS COE with full-time equivalents who have expertise
in automation and human factors, computer science, data analytics,
machine learning, sensors, and other technologies involving auto-
mated systems. This would fulfill the Committee’s intent in fiscal
year 2020 to allow the Department to hire the best and brightest
in these fields, including direct hires from outside the Federal gov-
ernment like industry or academia as well as detailees from oper-
ating administrations or other Federal agencies. While section 105
of P.L. 116–94 provides the Department the flexibility to utilize
detailees from operating administrations or other Federal agencies,
the HASS COE shall not be solely comprised of detailees. Nor shall
the HASS COE consist of part-time, fee-for-service experts or be
staffed on a project-by-project basis. The needs and requests of the
operating administrations should drive the work of the HASS COE;
however, each new project should not require assembling a staff.
The use of part-time, fee-for-service experts shall be limited in
scope to emerging issues or incidents requiring capabilities not al-
ready provided by the full-time experts within the HASS COE.
The Committee maintains the importance of having a dedicated
workforce at the Department through the HASS COE to build in-
ternal expertise and capacity in complex transportation-based sys-
tems to ensure automated technologies are safe and work as in-
tended. Therefore, the Committee provides $3,000,000 for the
HASS COE for the Department to retain the expertise outlined in
section 105 of P.L. 116–94 through a dedicated, full-time equivalent
workforce. The Committee directs the Department to continue to
consult with the House and Senate Committees on Appropriations
on the HASS COE and to submit a staffing plan and budget for the
HASS COE to the House and Senate Committees on Appropria-
tions for approval no later than 60 days after enactment of this
Act.
UTCs.—The Committee continues to support UTCs, which are
authorized under section 5505 of title 49, United States Code, and
funded through the Federal Highway Administration consistent
with the amounts authorized in the INVEST in America Act. The
Committee is aware of the important role UTCs can play in con-
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ducting research and development activities on technologies for
safe and efficient transportation that could reduce vehicle idling,
decrease congestion, and manage urban arterials with scalable sys-
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tems and real-time responsiveness. Further, the Committee encour-
ages the Department to work with relevant UTCs to launch a
clearinghouse for new innovations by providing a platform for
bridge and structure stakeholders to find technically robust and
unbiased information and reports that evaluate innovations and ac-
celerate acceptance and implementation of new bridge and struc-
ture materials and technologies.
Emergency planning transportation data initiative.—The Com-
mittee recognizes that emergency planning decision-makers and
the public require real-time roadway weather data to make impor-
tant transportation decisions to protect public safety. A variety of
weather events create hazardous driving conditions that lead to
transportation accidents that could have been prevented with bet-
ter data integration. P.L. 116–94 provided $1,000,000 for the emer-
gency planning transportation data initiative to conduct research
and develop models of data integration of geo-located weather and
roadway information for emergency and other severe weather con-
ditions to improve public safety, emergency evacuation, and re-
sponse capabilities. The Committee encourages the Department to
continue to support this initiative in fiscal year 2021.
PNT technologies.—PNT technologies are critical to all modes of
transportation. The Department is the lead for civil PNT require-
ments and represents the civil departments and agencies in the de-
velopment, acquisition, management, and operations of GPS. In
2019, the Department issued a request for information and subse-
quently a request for quotation for commercial technologies to sup-
port a backup GPS capability and complementary PNT services
demonstration. The Committee understands 11 commercial tech-
nologies with a high level of technical readiness were selected to
conduct field demonstrations, which took place in March 2020. The
Committee further understands the Department is analyzing and
assessing the data from these field demonstrations and will work
with the Departments of Defense and Homeland Security, in co-
ordination with members of the National Executive Committee for
Space-Based PNT, to develop recommendations for a technology or
a combination of technologies later this year. The Committee di-
rects the Department to brief the House and Senate Committees on
Appropriations on the results of the field demonstration and the
Department’s recommendations no later than 30 days after the rec-
ommendations have been finalized. This briefing should include es-
timates on the funding necessary to carry out the Department’s
recommendations. Further, the Committee provides $5,000,000 to
assist the Department in carrying out its recommendations.
Recycled plastic materials in transportation.—The Committee
provides $800,000 for the Secretary to enter into an agreement
with the National Academies of Sciences, Engineering, and Medi-
cine to conduct a study through the Transportation Research Board
on the use of recycled plastic materials in transportation infra-
structure. The study should (1) identify domestic and international
examples of transportation infrastructure projects which have used
recycled plastic materials and projects in which recycled plastic
materials have been incorporated into or with other transportation
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infrastructure, (2) assess the effectiveness and utility of recycled
plastic materials, (3) assess the extent to which recycled plastic
materials are consistent with recognized specifications and stand-
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16
ards for transportation infrastructure, (4) review relevant impacts
of recycled plastic materials compared to non-waste plastic mate-
rials, (5) assess the health, safety, and environmental impacts of
recycled plastic materials on humans and animals, (6) assess the
ability of recycled plastic materials to withstand natural disasters
and extreme weather events, and (7) assess the potential economic
benefits of recycled plastic materials. The Committee directs the
Secretary to submit to the House and Senate Committees on Ap-
propriations a final study, with recommendations, developed by the
National Academy of Sciences, Engineering, and Medicine no later
than 2 years after enactment of this Act.
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $1,000,000,000
Budget request, fiscal year 2021 ....................................................... 1,000,000,000
Recommended in the bill ................................................................... 1,000,000,000
Bill compared with:
Appropriation, fiscal year 2020 ....................................................... –––
Budget request, fiscal year 2021 ..................................................... –––
The national infrastructure investments program (also known as
BUILD and formerly known as TIGER) was created in the Amer-
ican Recovery and Reinvestment Act (P.L. 111–5) to provide grants
and credit assistance to State and local governments, tribal govern-
ments, U.S. territories, transit agencies, port authorities, metro-
politan planning organizations, or a combination of such entities to
improve the Nation’s transportation infrastructure. Eligible
projects include highways and bridges, public transportation,
freight and passenger rail, port infrastructure, and bicycle and pe-
destrian improvements. The national infrastructure investments
program awards funds on a competitive basis to projects that will
have a significant local or regional impact.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $1,000,000,000 for the
national infrastructure investments program to support
multimodal, multijurisdictional transportation projects that are
more difficult to accomplish through traditional transportation pro-
grams. Key tenets of this program include its flexibility and the
ability for any public entity to apply directly and not through a
State department of transportation as is the case with many Fed-
eral transportation programs. BUILD also fosters collaboration and
leverages non-Federal investments from private, State, and local
sources. The Committee has consistently heard from communities
large and small on the difference BUILD grants have made in im-
proving safety, state of good repair, economic competitiveness, envi-
ronmental sustainability, and quality of life.
The Committee remains concerned that the Department con-
tinues to move away from the original intent of the program and
has overemphasized road projects in fiscal years 2017, 2018, and
2019. In fiscal year 2019, the Department awarded 68 percent of
the total funding available to 38 road projects. The remaining 32
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percent of the funding was spread among 17 transit, rail, maritime,
and aviation projects. The Department’s prioritization of road
projects comes mostly at the expense of transit-related projects,
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17
which on average received about 32 percent of awards between fis-
cal years 2009 and 2016. This also contradicted direction in the
Consolidated Appropriations Act, 2019 (P.L. 116–6) to invest in a
variety of transportation modes. The Committee strongly reminds
the Department that highway and bridge projects have dedicated
funding sources through Highway Trust Fund formula programs.
Therefore, the Committee directs the Department to achieve a
more equitable distribution of fiscal year 2021 funding to the trans-
portation modes which have been underfunded in fiscal years 2017,
2018, and 2019; including transit projects, passenger and freight
rail projects, port infrastructure improvement projects, bicycle and
pedestrian projects, and multimodal infrastructure projects.
The Committee is also disappointed with the Department’s ef-
forts to prioritize rural communities over urban communities. De-
spite direction in P.L. 116–6 to award 50 percent of the funding to
rural and urban areas, respectively, the Department awarded
$449,708,055 to rural projects and $433,763,168 to urban projects.
Instead of distributing the $16,528,777 in the administrative costs
evenly across the rural and urban set-asides, the Department de-
cided to take the vast majority—$16,236,832—of the administrative
costs from the urban set-aside. P.L. 116–94 requires the Depart-
ment to assign the administrative costs evenly across the rural and
urban set-asides and this Act continues that requirement. Further,
to ensure a more equitable distribution of fiscal year 2021 funding,
the Committee requires the Department to distribute awards based
on the population of the United States. Specifically, 40 percent of
the funding will support projects in rural areas with a population
of 250,000 or less, and 60 percent of the funding will support
projects in urban areas with a population greater than 250,000.
These percentages directly correlate to the number of people living
in these areas in the 2010 Census. The Committee also notes that
investments in projects can have benefits far beyond the project lo-
cation. For example, projects in urban areas can provide benefits
to rural areas. Therefore, the Committee encourages the Depart-
ment to consider the benefits of a project to the fullest extent pos-
sible and to include all relevant geographic areas. In addition, the
Committee urges the Department to consider projects in urban
areas that use new and emerging technologies to improve traffic
flow, enhance safety, and reduce congestion.
The Committee reminds the Department and applicants that
BUILD grants support a broad variety of transportation projects
including, but not limited to, highway, bridge, or road projects;
transit projects; passenger and freight rail projects, including high
speed passenger rail; port infrastructure improvement projects;
intermodal projects; bicycle and pedestrian projects; and
multimodal infrastructure projects, including infrastructure reuse
projects and projects that improve transportation safety and effi-
ciency at ports, piers, and parks. The Committee also reiterates
that applicants from all 50 States, the District of Columbia, and all
U.S. territories are eligible to apply for BUILD grants. The Com-
mittee notes that despite their eligibility and having submitted 114
applications between fiscal years 2009 and 2019, the U.S. terri-
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tories have been awarded only 3 projects over the life of the pro-
gram. The Committee encourages the Department to fairly consider
applications for projects located in the U.S. territories.
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Notice of funding opportunity (NOFO).—The Department’s fiscal
year 2020 NOFO again incorporates new criteria which the Depart-
ment will use to evaluate and award grants. This contradicts the
direction in P.L. 116–94 to consider and award projects based sole-
ly on the selection criteria from the fiscal year 2017 NOFO. The
Committee directs the Department to only use the selection criteria
from the fiscal year 2017 NOFO for fiscal year 2021.
Planning grants.—The Committee recognizes that planning sup-
port can be critical for communities seeking to invest in infrastruc-
ture projects, including transit, transit-oriented development, and
multimodal projects. The Committee provided funding for planning
grants in fiscal years 2010, 2014, 2018, 2019, and 2020. Planning
grants awarded in fiscal years 2010 and 2014 have spurred project
development and, in turn, construction. The Committee is dis-
appointed that the Department again did not award a single plan-
ning grant in fiscal year 2019. P.L. 116–94 requires the Depart-
ment to use $15,000,000 in fiscal year 2020 funding for planning
grants, and the Committee is pleased that the Department’s fiscal
year 2020 NOFO complies with this directive.
The Committee recommendation continues to support planning
grants and requires the Department to award $40,000,000 in
grants for the planning, preparation, or design of projects. Of this
amount, $20,000,000 is provided for any eligible project and appli-
cant with an emphasis on transit, transit-oriented development,
and multimodal projects, and $20,000,000 is provided for any eligi-
ble project located in or directly benefiting counties and census
tracts experiencing persistent poverty or any territory or possession
of the United States.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU
Appropriation, fiscal year 2020 ......................................................... $5,000,000
Budget request, fiscal year 2021 ....................................................... 4,250,000
Recommended in the bill ................................................................... 15,500,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,500,000
Budget request, fiscal year 2021 ................................................ +11,250,000
The National Surface Transportation and Innovative Finance Bu-
reau (Bureau) is authorized under section 9001 of the Fixing Amer-
ica’s Surface Transportation (FAST) Act (P.L. 114–94). The Bureau
administers and coordinates the Department’s existing transpor-
tation finance programs and INFRA competitive grant program
and provides technical assistance and outreach to communities on
financing and funding opportunities for transportation infrastruc-
ture.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $15,500,000 for the
Bureau. The Committee opposes the proposal in the budget request
to eliminate the maritime guaranteed loan (Title XI) program and
to transfer existing loans from the Maritime Administration to the
Bureau for administration.
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Transit-oriented development (TOD).—In the FAST Act, Congress
authorized TOD projects as an eligible use for credit assistance
under the Transportation Infrastructure Finance and Investment
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19
Act (TIFIA) and Railroad Rehabilitation and Improvement Financ-
ing (RRIF) programs. The Committee notes with disappointment
that the Department has not submitted a report required by House
Report 116–106 summarizing potential TOD projects and applica-
tions and identifying statutory, regulatory, or administrative re-
quirements that may be hindering the financing of TOD projects
under TIFIA and RRIF. The Committee directs the Department to
complete this report no later than 30 days after enactment of this
Act.
Rural community outreach.—The FAST Act established the Bu-
reau to provide assistance and communicate best practices to
project sponsors seeking to take advantage of the TIFIA and RRIF
programs. These credit assistance programs were created to lever-
age Federal dollars in the form of direct loans, loan guarantees,
and lines of credit to finance surface and rail transportation
projects. The Committee directs the Department to submit a report
to the House and Senate Committees on Appropriations no later
than 180 days after enactment of this Act summarizing the Bu-
reau’s efforts to conduct outreach to communities located outside
metropolitan or micropolitan statistical areas and recommendations
to improve outreach, communication, and technical assistance with
rural communities. Further, the report should identify whether
projects receiving, or that have received, assistance under the
TIFIA program are located in a metropolitan statistical area,
micropolitan statistical area, or neither, and should identify cur-
rent statutory, regulatory, or administrative requirements that
may be hindering the financing of TIFIA projects in areas outside
of metropolitan or micropolitan statistical areas. If current data
collected under the TIFIA program are unable to be readily aggre-
gated as a metropolitan statistical area, micropolitan statistical
area, or neither, then the Bureau is directed to report on the limi-
tations of the data and provide available data which is similar in
nature to metropolitan or micropolitan statistical areas.
Planning grants to assist areas of persistent poverty.—The Com-
mittee recognizes that planning support can be critical for commu-
nities seeking to invest in transportation infrastructure. Unfortu-
nately, communities that lack the resources or expertise to ade-
quately plan for such investments experience greater challenges in
securing competitive grants to assist with project construction.
Therefore, the Committee provides $10,000,000 for a new competi-
tive grant program for planning grants to assist areas of persistent
poverty. These planning grants would support pre-construction ac-
tivities including planning, engineering, design, environmental
analysis, feasibility studies, and finance plans for highway, bridge,
or road projects, bicycle and pedestrian projects, transit projects,
passenger and freight rail projects, port infrastructure improve-
ment projects, airport improvement projects, and intermodal
projects that are located in or directly benefiting counties and cen-
sus tracts experiencing persistent poverty or any territory or pos-
session of the United States.
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RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
Appropriation, fiscal year 2020 ......................................................... –––
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... $70,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +70,000,000
Budget request, fiscal year 2021 ................................................ +70,000,000
The RRIF program was established in the Transportation Equity
Act for the 21st Century (P.L. 105–178) to provide direct loans and
loan guarantees to State and local governments, government-spon-
sored entities, and railroads. Credit assistance under the program
may be used for rehabilitating or developing rail equipment and fa-
cilities, developing or establishing intermodal facilities, and transit-
oriented development.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $70,000,000 for the
modification cost for credit risk premium repayment for RRIF loans
in cohort 3. Further, the Committee recommendation allows the
credit risk premium for RRIF loans to be eligible for grants under
the national infrastructure investments program.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2020 ......................................................... $2,000,000
Budget request, fiscal year 2021 ....................................................... 2,000,000
Recommended in the bill ................................................................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ –––
The financial management capital program supports a multi-year
project to upgrade the Department’s financial systems, processes,
and reporting capabilities and implement requirements of the Dig-
ital Accountability and Transparency (DATA) Act (P.L. 113–101).
COMMITTEE RECOMMENDATION
The Committee recommendation provides $2,000,000 for the fi-
nancial management capital program.
CYBER SECURITY INITIATIVES
Appropriation, fiscal year 2020 ......................................................... $15,000,000
Budget request, fiscal year 2021 ....................................................... 22,000,000
Recommended in the bill ................................................................... 19,300,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +4,300,000
Budget request, fiscal year 2021 ................................................ ¥2,700,000
The cyber security initiatives account is an effort to close per-
formance gaps in the Department’s cyber security. The account in-
cludes 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
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The Committee recommendation provides $19,300,000 to support
the Secretary’s cyber security initiatives.
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OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2020 ......................................................... $9,470,000
Budget request, fiscal year 2021 ....................................................... 9,600,000
Recommended in the bill ................................................................... 9,600,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +130,000
Budget request, fiscal year 2021 ................................................ –––
The Office of Civil Rights is responsible for advising the Sec-
retary 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 dis-
crimination in Federally operated and Federally assisted transpor-
tation programs and enabling access to transportation providers.
The Office of Civil Rights also handles all civil rights cases affect-
ing Department employees.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $9,600,000 for the Of-
fice of Civil Rights.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $10,879,000
Budget request, fiscal year 2021 ....................................................... 9,350,000
Recommended in the bill ................................................................... 10,879,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +1,529,000
This appropriation finances research activities and studies re-
lated 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 over-
all program is carried out primarily through contracts with other
Federal agencies, educational institutions, non-profit research orga-
nizations, and private firms.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $10,879,000 for trans-
portation planning, research, and development activities, of which
$1,000,000 is for the Interagency Infrastructure Permitting Im-
provement Center.
Non-traditional and emerging transportation technology (NETT)
council.—The Committee recognizes the growth and innovation in
new transportation technologies that seek to improve safety, allevi-
ate congestion and shorten commute times, expand access and mo-
bility for rural and urban communities, and enable a more efficient
flow of commercial goods. The Committee understands hyperloop
technology is an emerging transportation concept that has the po-
tential to fulfill some of these objectives. P.L. 116–94 directed the
Department, through the NETT Council, to conduct a study on new
and emerging cross-modal transportation technologies, including
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hyperloop technology. The Committee looks forward to the NETT
Council completing this study and directs the Department to brief
the House and Senate Committees on Appropriations on the find-
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22
ings and recommendations no later than 30 days after the comple-
tion date set in P.L. 116–94. Further, the Committee provides
$2,000,000 for activities supporting such technologies that were ini-
tiated with funding provided in fiscal year 2020. Specifically, the
Committee directs the Department to utilize fiscal year 2021 fund-
ing to conduct research to better understand the safety and regu-
latory needs of such technologies and to provide technical assist-
ance to local and State governments for non-traditional and emerg-
ing technologies. The fiscal year 2021 funding may also be used to
implement recommendations from the study conducted by the
NETT Council. If the Department seeks to utilize the fiscal year
2021 funding to support these recommendations, then the Com-
mittee directs the Department to request and receive approval from
the House and Senate Committees on Appropriations for the use of
such funds.
Automated vehicle proving grounds.—The auto industry is in the
midst of a seismic technological shift that could significantly
change the transportation of people and goods. Automated vehicle
proving grounds are designated pilot sites to encourage testing and
information sharing on automated vehicle technologies. The Com-
mittee is concerned with the lack of transparency as it relates to
the automated vehicle proving grounds. The Committee directs the
Department to report to the House and Senate Committees on Ap-
propriations no later than 90 days after enactment of this Act on
significant findings discovered from the automated vehicle testing
at designated pilot sites, such as technological advancements and
safety concerns.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Limitation, fiscal year 2020 ............................................................... $319,793,000
Budget request, fiscal year 2021 ....................................................... n/a
Recommended in the bill ................................................................... 372,016,000
Bill compared with:
Limitation, fiscal year 2020 ........................................................ +52,223,000
Budget request, fiscal year 2021 ................................................ n/a
The Working Capital Fund (WCF) was created to provide com-
mon administrative services to the Department’s operating admin-
istrations and outside entities that contract for the Fund’s services.
The WCF operates on a fee-for-service basis and receives no direct
appropriations. It is fully self-sustaining and must achieve full cost
recovery.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $372,016,000 on the
Working Capital Fund, which fully supports the WCF’s administra-
tion and information technology (IT) activities for the Department
and the WCF’s commodity IT shared services initiative. The limita-
tion allows the Department to complete the commodity IT shared
services initiative and, if needed, the migration of personnel associ-
ated with commodity IT. The limitation does not support non-com-
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modity, programmatic IT consolidation in the WCF. The Committee
continues to stipulate that the limitation is only for services pro-
vided to the Department of Transportation, not other entities. Fur-
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23
ther, the Committee directs that, as much as possible, services
shall be provided on a competitive basis.
Equipment inventory.—The Committee notes that the Depart-
ment committed to making changes to its asset management poli-
cies and procedures in response to the Office of Inspector General’s
November 4, 2019 audit of the Department’s management of WCF
laptop computers. The Department is directed to brief the House
and Senate Committees on Appropriations no later than 90 days
after enactment of this Act on the steps the Department has taken
to improve the policies and procedures for laptop computer asset
management.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2020 ......................................................... $4,646,000
Budget request, fiscal year 2021 ....................................................... 4,714,000
Recommended in the bill ................................................................... 4,714,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +68,000
Budget request, fiscal year 2021 ................................................ –––
The Office of Small and Disadvantaged Business Utilization and
Outreach assists small, disadvantaged businesses and businesses
owned by minorities and women in competing for contracting op-
portunities with the Department and Department-funded contracts
or grants for transportation-related projects. The office also pro-
vides technical and financial assistance, bonding education, train-
ing, counseling, and procurement assistance, and administers the
Department’s Small Business Transportation Resource Center pro-
gram.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $4,714,000 for the
small and disadvantaged business utilization and outreach account.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2020 ......................................................... $162,000,000
Budget request, fiscal year 2021 ....................................................... 141,724,000
Recommended in the bill ................................................................... 162,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +20,276,000
The Essential Air Service (EAS) program provides subsidies to
air carriers to maintain a minimal level of scheduled air service to
small communities that had received air service prior to the Airline
Deregulation Act of 1978. Since 1998, the source of funding for the
EAS program has been ‘‘overflight fees,’’ which are charged to car-
riers for Federal Aviation Administration navigational and surveil-
lance services for flights that traverse, but neither take off from
nor land in, the United States.
COMMITTEE RECOMMENDATION
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The following table shows the appropriation, overflight fees, and
total program levels for the EAS program.
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Appropriations Overflight fees Total
FY 2020 Enacted ........................................................................................ $162,000,000 $150,500,000 $312,500,000
Request ....................................................................................................... 141,724,000 153,000,000 294,724,000
Recommendation ......................................................................................... 162,000,000 153,000,000 315,000,000
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $56,000,000 for the Es-
sential Air Service program to prevent, prepare for, and respond to
coronavirus.
The Committee directs the Department to utilize all collected
overflight fees and provides an additional $162,000,000 for this
vital link between small communities and the nation.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
(INCLUDING RESCISSIONS)
Section 101 prohibits the Office of the Secretary of Transpor-
tation from approving assessments or reimbursable agreements
pertaining to funds appropriated to the operating administrations
in this Act, unless such assessments or agreements have completed
the normal reprogramming process for Congressional notification.
Section 102 requires the Secretary to post on the internet a
schedule of all Council on Credit and Finance meetings, agendas,
and meeting minutes.
Section 103 allows the Department’s WCF to provide payments
in advance to vendors for the Federal transit pass fringe benefit
program and to provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit distribu-
tion services.
Section 104 allows the Department’s WCF to provide payments
in advance to commercial vendors for the Federal transit pass
fringe benefit program and requires the Department to include
safeguards in the contract with vendors.
Section 105 allows the Department’s WCF to utilize not more
than $1,000,000 in fiscal year 2021 unused van pool benefits to pro-
vide contractual services in support of section 190 of this Act.
Section 106 extends the obligation date for the amounts made
available for the national infrastructure investments program for
fiscal years 2017, 2018, 2019, and 2020.
FEDERAL AVIATION ADMINISTRATION
The Federal Aviation Administration (FAA) is responsible for the
safety of civil aviation, navigation and surveillance, and airports.
The Federal government’s regulatory role in civil aviation dates
back 1926. When the Department of Transportation began its oper-
ations in 1967, the FAA became one of several modal administra-
tions within the Department. FAA’s mission expanded in 1995 with
the transfer of the Office of Commercial Space Transportation from
the Office of the Secretary and contracted in December 2001 with
the transfer of civil aviation security activities to the Transpor-
tation Security Administration.
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Next Generation of Air Traffic Control (NextGen).—The Com-
mittee places a high priority on NextGen programs and provides
resources in the operations, facilities and equipment, and research,
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engineering, and development accounts to modernize air traffic con-
trol along with private sector stakeholders.
NextGen Advisory Committee (NAC).—The NAC includes an ap-
propriate mix of the aviation community, including representatives
from general aviation, commercial aviation, labor organizations,
airports, local community representatives, and the Federal govern-
ment. The Committee supports the current diverse NAC member-
ship and believes that the NAC performs an important role in set-
ting priorities for the FAA’s air traffic control modernization ef-
forts. The Committee encourages the FAA to implement NAC rec-
ommendations and directs the FAA to provide an annual update on
the status of NAC recommendations to the House and Senate Com-
mittees on Appropriations.
Trust fund share of the FAA budget.—In a break with conven-
tion, the Committee derives the FAA’s funding for the ‘‘Oper-
ations’’, ‘‘Facilities and Equipment’’, and ‘‘Research, Engineering
and Development’’ accounts from the general fund of the Treasury
rather than the Airport and Airway Trust Fund (AATF). As air
passenger traffic plummeted as a result of the coronavirus pan-
demic, so did the revenue from aviation taxes that are remitted to
the AATF. Then, the Coronavirus Aid, Relief, and Economic Secu-
rity Act (CARES Act) (P.L. 116–136) suspended certain aviation
taxes through January 2021. Consequently, the AATF may have
insufficient aviation tax revenue to meet all of its obligations in fis-
cal year 2021. The Committee expects AATF revenue and obliga-
tions to regain balance in fiscal year 2022.
OPERATIONS
Appropriation, fiscal year 2020 ......................................................... $10,630,000,000
Budget request, fiscal year 2021 ....................................................... 11,001,500,000
Recommended in the bill ................................................................... 11,051,500,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +421,500,000
Budget request, fiscal year 2021 ................................................ +50,000,000
This appropriation provides funds for the operation, mainte-
nance, communications, and logistical support of the air traffic con-
trol 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 activi-
ties: (1) operation of a national air traffic system on a 24-hour daily
basis; (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 stand-
ards, rules and regulations governing the physical fitness of air-
men, 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 aero-
nautical charts used by the flying public.
COMMITTEE RECOMMENDATION
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The following table shows a comparison of the budget request
and the Committee recommendation by budget activity.
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FAA Operations Activities Request Recommendation
Aviation Safety ..................................................................................................................... $1,474,039,000 $1,500,000,000
Air Traffic Organization ....................................................................................................... 8,210,821,000 8,231,000,000
Commercial Space Transportation ...................................................................................... 27,555,000 27,555,000
Finance and Management ................................................................................................... 836,141,000 836,000,000
NextGen and Operations Planning ...................................................................................... 62,862,000 62,862,000
Security and Hazardous Materials Safety ........................................................................... 124,928,000 129,000,000
Staff offices ......................................................................................................................... 265,154,000 265,083,000
Total, Operations ........................................................................................................ 11,001,500,000 11,051,500,000
In addition, the CARES Act included $25,000,000 in budgetary
resources for the Operations account to prevent, prepare for, and
respond to coronavirus.
Aviation safety.—Every FAA office and program’s primary, sec-
ondary, and tertiary mission is safety. The Committee provides
funding for the FAA’s safety mission in each of the FAA’s appro-
priations accounts and will insist that the FAA demonstrate how
these public resources are being used to provide the public good of
safety. Eliminating human error is unobtainable and simply striv-
ing for human perfection will not appreciably improve safety. In-
stead, the Committee supports a systems and interdisciplinary ap-
proach to aviation safety to identify the root causes, circumstances,
and conditions that increase the likelihood of human error and
then develop countermeasures to minimize the frequency and im-
pact of human error.
Consistent with the request, the Committee provides an increase
of $36,679,000 within the Operations account for improving avia-
tion safety and oversight. This is the second in a series of invest-
ments to review and respond to the numerous recommendations
made by multiple entities that completed or have yet to complete
their review or investigation of the 737 MAX accidents or the air-
craft certification process in general. The funds will also enhance
the functionality or integrity of investigative or analytical systems
such as the Investigation Repository/Cyber Analysis Virtual Envi-
ronment (CAVE), Aviation Safety Information Analysis and Shar-
ing (ASIAS), Aviation Safety Reporting Program (ASRP), and the
FAA Hotline Information System (FHIS). The FAA’s request in-
cludes the creation of a new, single office, instead of multiple re-
gional offices to oversee 78 Organization Designation Authorization
(ODA) entities. The Committee believes in the merit to the pro-
posal and invites the FAA to submit a reprogramming request to
create the ODA Office to the House and Senate Committees on Ap-
propriations in accordance with section 405 of this Act.
To further promote aviation safety, within the Aviation Safety
budget activity, the Committee recommendation includes not less
than $285,000,000 for the Aircraft Certification Service (AIR) and
not less than $935,000,000 for the Flight Standards Service (AFS),
which are $4,773,000 and $4,854,000 above the request, respec-
tively. These increases above the request are for the AIR and AFS
to collaborate early and often in furtherance of removing artificial
barriers between AIR and AFS, including deeper engagement with
the Aircraft Evaluation Groups, who can serve as a bridge between
these engineering and operational specialists. In addition, to com-
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ply with recommendations regarding aircraft certification, AIR and
AFS are to give greater weight to human factors, both physical and
psychological, in their work from start to finish.
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Aircraft have become increasing automated, measurably improv-
ing safety, while also introducing new hazards, such as pilot com-
placency. In the fall of 2019, the FAA submitted a working paper
to the International Civil Aviation Organization (ICAO) that out-
lined the potential for automation to degrade pilot skills that are
essential in the event that automated systems fail. The ICAO will
ultimately produce a comprehensive study and a set of inter-
national standards, but the final product could be years away. In
the meantime, the Committee provides $2,000,000 for the FAA to
study one aspect of pilot training that merits immediate attention
due to its ubiquity—pilot dependency on automation, which was
also identified among the recommendations regarding aircraft cer-
tification.
Section 303 of the FAA Reauthorization Act (P.L. 115–254) di-
rected the FAA to update its safety critical staffing model to deter-
mine the number of aviation safety inspectors that FAA needs to
fulfill its safety oversight mission. In November 2019, FAA in-
formed the Department’s Office of Inspector General (OIG) that it
updated the model and, as also required by section 303, the OIG
initiated an audit of the model in March 2020. The Committee be-
lieves that safety is not strictly the number of FAA inspectors, but
also the range of their training and work experience. Accordingly,
the Committee provides $2,000,000 for a staffing study of current
AIR personnel training and work experience, such as whether it is
equivalent to their private sector counterparts, the ratio of senior
to junior inspectors, and FAA support for continued education and
training. The Committee directs the FAA to submit quarterly re-
ports to the House and Senate Committees on Appropriations be-
ginning not later than 60 days after the date of enactment of this
Act on the status of recommendations made by the National Trans-
portation Safety Board, the Department of Transportation Special
Committee to Review FAA’s Aircraft Certification Process, the
Joint Authorities’ Technical Review, and the Komite Nasional
Keselamatan Transportasi in the Aircraft Accident Investigation
Report on Lion Air Flight 610.
In a June 2020 legal opinion (B–331090), the Government Ac-
countability Office (GAO) found that the FAA relied on 49 U.S.C.
106(l)(6) to provide a routine aviation safety-related service to an
airline carrier in exchange for money, which had the effect of cir-
cumventing the User Charge Statute (31 U.S.C. 9701) and improp-
erly augmenting the FAA’s Operations appropriations. The Com-
mittee directs the FAA to submit a report to the House and Senate
Committees on Appropriations not later than 90 days after the date
of enactment of this Act on its usage of 49 U.S.C. 106(l)(6). The re-
port shall include the guidelines, standards, and processes for
using 49 U.S.C. 106(l)(6), including the offices and officials who
propose, review, approve, and terminate the use of 49 U.S.C.
106(l)(6); the annual amount of money the FAA has collected from
a person, firm, association, or corporation for aviation safety-re-
lated services since 1998 while relying on 49 U.S.C. 106(l)(6); the
internal controls for enforcing these guidelines, standards, and
processes; a complete list of aviation safety-related services and
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their associated costs that are available to any person, firm, asso-
ciation, or corporation; a description of how the FAA make these
services and their costs known to the general public; and an expla-
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nation of how the FAA ensures that aviation safety-related services
are neither performed nor performed any earlier than they other-
wise would be for a person, firm, association, or corporation. Not
later than 90 days after the FAA transmits such report to Con-
gress, the GAO shall evaluate the report against its legal opinion,
best practices for user fees, and best practices for procurement and
brief the House and Senate Committees on Appropriations on such
evaluation.
Air tour management.—The Committee shares the U.S. Court of
Appeals for the District of Columbia Circuit’s opinion of the FAA
and National Park Service’s underwhelming and unsuccessful ef-
fort to implement the Air Tour Management Act of 2000. The Com-
mittee directs the FAA to submit not later than 15 days after the
date of enactment of this Act to the House and Senate Committees
on Appropriations a court-approved plan for bringing 23 national
parks into compliance with the Act and the subsequent court-re-
quired updates as of the date of enactment of this Act. The Com-
mittee reminds the FAA that it has a duty to provide leadership
with regards to all aspects of aviation, including noise.
Commercial space licensing.—The Committee supports the DOT
and the FAA in their efforts to move forward in reforming, stream-
lining, and reducing reporting requirements and timelines for the
licensing of U.S. commercial launch services providers. The Com-
mittee directs the FAA to inform the Committee immediately if the
licensing workload outpaces the Office of Commercial Space’s work-
force capabilities and potential productivity gains from technology
solutions.
Commercial tour flights.—The Committee directs the FAA to re-
port to the House and Senate Committees on Appropriations not
later than 180 days after the date of enactment of this Act on FAA
responses to the National Transportation Safety Board rec-
ommendations regarding commercial air tour flights flying under
14 C.F.R. Pt. 91 and Pt. 135, including what action FAA has taken
on each recommendation and why or why none was taken.
Community engagement and noise.—Community concerns need to
be considered as the national airspace system evolves. Both the
FAA and the aviation industry need to provide meaningful opportu-
nities for the public to learn about aviation technology, research,
and operations and to communicate how the sum of these factors
affects their quality of life. The Committee provides an increase of
$5,000,000 for the FAA to hire additional staff to increase the
FAA’s community engagement capacity, including participating in
community roundtables and meetings with local officials; for con-
tractor support to make more data about aircraft positions and alti-
tude publicly available; to prepare air traffic histories and anal-
yses; and to conduct environmental reviews.
Not later than 180 days after the date of enactment of this Act,
the FAA shall submit a report to the House and Senate Commit-
tees on Appropriations, on the activities undertaken by the Re-
gional Ombudsmen, who serve as the regional liaisons on issues re-
garding aircraft noise, pollution, and safety. Not later than 180
days after the date of enactment of this Act, the FAA shall provide
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a report to the House and Senate Committees on Appropriations
cataloguing all FAA programs related to airport, aircraft, and envi-
ronmental noise. Not later than 180 days after the date of enact-
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29
ment of this Act, the FAA shall provide a report to the House and
Senate Committees on Appropriations describing the current FAA
in-take and response process for noise complaints and the process
expected after the Noise Complaint and Inquiry Database and
Tracking System (Noise Portal) is implemented nationally.
The Committee awaits the conclusion of the Administrator’s on-
going review of the relationship between aircraft noise exposure
and its effects on communities around airports, as required by sec-
tion 187 of the FAA Reauthorization Act (P.L. 115–254), which is
estimated to be in autumn 2020.
Contract tower program.—The Committee recommendation in-
cludes $172,800,000 for the contract tower program, including the
contract tower cost share program. The Committee continues to
strongly support the FAA contract tower program as a cost-effec-
tive and efficient way to provide air traffic control services to
smaller airports across the country. The Committee expects FAA to
continue to operate the 256 contract towers currently in the pro-
gram, annualize funding for towers that will be added in 2020, and
provide full-year funding for new airports expected to be added to
the program in fiscal year 2021.
Disease transmission.—The FAA began as a safety agency and
has diligently and dutifully remained so as the national airspace
systems has grown in complexity, size, and sophistication. The
Committee, however, believes that safety is more than people,
products, and processes that promote an equal number of takeoffs
and landings. The FAA is the Federal focal point for all aspects of
aviation, including the risk of disease transmission. While the FAA
may not be able to provide a definitive medical solution, it does
have the power to convene the agencies and organizations that can.
The coronavirus pandemic exposed a void in leadership with re-
gards to contact tracing to identify aviation passengers possibly ex-
posed to pathogens, the use of masks for aviation passengers and
crewmembers, policies for social distancing and seating arrange-
ments on aircraft, and recirculation of pathogens in airliner cabins.
The Committee directs the FAA to inform the House and Senate
Appropriations Committees if resources, new legislative authority,
or clarifying existing legislative authority is needed to fill this void.
FAA reauthorization.—The Committee directs the FAA to submit
a report to the House and Senate Committees on Appropriations on
March 2, 2021, and September 8, 2021, on the status of implemen-
tation of the provisions in the FAA Reauthorization Act (P.L. 115–
254), including a list of all mandates and associated deadlines, the
primary office responsible for executing each mandate, and actions
taken to date on implementing each mandate.
Fuel dumping.—The Committee is troubled by a January 14,
2020, fuel dump over Los Angeles and its surrounding commu-
nities. Not later than 180 days after the date of enactment of this
Act, the FAA shall submit a report to the House and Senate Com-
mittees on Appropriations on the annual occurrences of fuel dumps
in the United States over the fiscal year 2015–2020 period. This re-
port shall include the location of the fuel dumps, the amount of fuel
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dumped, the population density of the community over which the
fuel dump location occurred, if the fuel dump occurred over land,
and the FAA’s process for reviewing fuel dumps.
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Human Intervention Motivation Study (HIMS) and the Flight At-
tendant Drug and Alcohol Program (FADAP).—The Committee rec-
ognizes the effectiveness of the HIMS and the FADAP in miti-
gating drug and alcohol misuse through a peer identification and
intervention program. The Committee recommends that the FAA
continue to prioritize these programs and urges the FAA to con-
tinue this program from within available resources.
Lunar exploration.—The Committee notes the possible value of
using the payload and lifting capabilities of the Space Launch Sys-
tem and encourages the FAA to continue to facilitate lunar explo-
ration and development.
Special issuance for pilot medical certification.—Consistent with
a 2018 opinion from the U.S. Court of Appeals for the District of
Columbia Circuit, the FAA should develop an evidence-based
framework to allow for the special issuance of first- or second-class
medical certification for pilots with insulin-treated diabetes. The
Committee reminds the FAA that a 2020 report to the House and
Senate Committees on Appropriations on actions, taken or planned,
for completing such a framework is overdue.
Travel reports.—The Committee directs the FAA to submit its
travel reporting information profile, and senior federal travel and
premium class travel reports to the House and Senate Committees
on Appropriations in an electronic, searchable format without any
personally identifiable information not less than 14 days after its
submission to the GSA Travel Reporting Tool.
Workforce diversity.—To further the goal of workforce diversity,
the Committee provides $7,500,000 for the Minority Serving Insti-
tutions (MSI) internship program, which provides students from
Historically Black Colleges and Universities, Hispanic Serving In-
stitutions, students attending a college or university with a high
percentage of Asian American and Pacific Islanders, Tribal Colleges
and Universities, and Students with Disabilities the opportunity to
participate in internship opportunities. The Committee also recog-
nizes the contributions of the Educational Partnership Initiative
within the FAA’s Office of Civil Rights’ National Outreach Program
for Diversity and Inclusion. Establishing educational collaborations
and partnerships between the FAA and colleges and universities
with a high concentration of underserved groups forms a pipeline
to fill mission-critical occupations at the FAA.
The Committee appreciates the FAA’s many efforts to increase
its own workforce diversity and that of the aviation industry at
large. The success of these efforts, however, depends on widespread
and sustained executive support both at headquarters and in the
field. The Committees provides $1,500,000 to increase support for
the Science, Technology, Engineering, and Math Aviation and
Space Education program (STEM AVSED). With dedicated staff,
STEM AVSED can be formally incorporated with the MSI program,
the pathways programs, the targeted disability hiring program,
and the FAA–U.S. Air Force aviation workforce initiative an-
nounced on May 31, 2019. Not later than 90 days after the date
of enactment of this Act, the FAA shall provide a briefing to the
House and Senate Committees on Appropriations on how these
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multiple efforts are coordinated and evaluated, which offices and
executives are involved, and the contributions made by the eight of-
ficially recognized employee associations:
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31
• FAA Gay, Lesbian, or Bisexual Employees,
• National Asian and Pacific American Association,
• National Black Coalition of Federal Aviation Employees,
• Native American/Alaska Native Coalition for Federal Avia-
tion Employees,
• National Coalition of Federal Aviation Employees with
Disabilities,
• National Hispanic Coalition of Federal Aviation Employ-
ees,
• Professional Women Controllers, and
• Technical Women’s Organization.
The Committee continues to support the Women in Aviation Ad-
visory Board established by section 612 of the FAA Reauthorization
Act (P.L. 115–254) and is pleased that the Secretary appointed 30
members to the Board so it can begin its work to assess the edu-
cation, training, mentorship, outreach, and recruitment of women
in the aviation industry.
Unfinished rulemakings.—The Committee notes that the FAA
has not met the statutory deadlines to comply with section 336 of
the FAA Reauthorization Act (P.L. 115–254), which requires the
FAA to issue an order for ‘‘secondary cockpit barrier on each new
aircraft’’; section 308 of the FAA Modernization and Reform Act of
2012 (P.L. 112–95), which requires the FAA to issue a rule related
to alcohol and controlled substances testing of persons that perform
safety-sensitive maintenance functions on commercial air carrier
aircraft; and section 335(a) of the FAA Reauthorization Act (P.L.
115–254), which requires the FAA to update a rule related to flight
attendant duty period limitations and rest requirements. The Com-
mittee directs the FAA to report every 30 days after the date of en-
actment of this Act to the House and Senate Committees on Appro-
priations, the House Committee on Transportation and Infrastruc-
ture, and the Senate Committee on Commerce, Science, and Trans-
portation on actions taken and planned to promulgate final rules
on these matters.
Airport operating certificate.—The Committee reminds the FAA
to adhere to the ‘‘Notice of Policy on Evaluating Disputed Changes
of Sponsorship at Federally Obligated Airports’’ published in the
Federal Register on June 6, 2016, when presented with a request
to change the sponsorship of, and/or operational responsibility for,
an airport from one public agency to another public agency.
Land Transfer.—The Committee acknowledges the ongoing dia-
logue between the FAA and United States Southern Command re-
garding the potential transfer of Miami-Dade County Folio 35
3028–000–0030, Doral, Florida. The Committee encourages both
parties to continue working toward a mutually beneficial agree-
ment, which will allow the FAA to continue to safely monitor U.S.
airspace and allow the Department of Defense to provide military
housing to our servicemen and women.
FACILITIES AND EQUIPMENT
Appropriation, fiscal year 2020 ......................................................... $3,045,000,000
Budget request, fiscal year 2021 ....................................................... 3,000,000,000
Recommended in the bill ................................................................... 3,045,000,000
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Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +45,000,000
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32
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 invest-
ments 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
Navigational aids monitoring equipment.—The FAA is con-
ducting an investment analysis of navigational aids monitoring
equipment. Until such an analysis is completed and an investment
decision is made, the Committee directs the FAA to make funding
available to maintain the operational viability of the two existing
navigational aids monitoring equipment systems—Integrated Con-
trol and Monitoring System (IMCS) and Universal Interlock Con-
troller (UIC), which are currently deployed at 32 airports. The
Committee appreciates that the FAA investment process is lengthy
and involved, requiring careful analysis of the competing interests
of different FAA programs and offices for limited resources. This
studious approach, however, cannot be allowed to jeopardize the
operational status of critical systems such as ICMS and UIC. En-
suring the viability of the ICMS and UIC systems includes, but is
not limited to, replacing any obsolete parts or software and main-
taining an inventory of replacement parts.
Radio modernization.—The Committee directs that funding for
NEXCOM above the budget request be used to accelerate the radio
modernization program to address critical safety and obsolescence
issues.
Remote towers.—Consistent with section 161 of the FAA Reau-
thorization Act (P.L. 115–254), the Committee encourages the FAA
to use remote tower technology as a means to enhance safety, re-
duce costs, and expand air traffic control services at rural and
small community airports.
Central Appalachia.—The Committee requests FAA to review the
air navigation needs in Central Appalachia and brief the Com-
mittee on potential solutions to improve safety no later than 90
days after enactment of this Act.
Request Recommendation
Activity 1—Engineering, Development, Test and Evaluation
Advanced Technology Development and Prototyping ................................................. 26,600 26,600
William J. Hughes Technical Center Laboratory Sustainment ................................... 16,900 16,900
William J. Hughes Technical Center Infrastructure Sustainment .............................. 10,000 10,000
Separation Management Portfolio .............................................................................. 21,200 21,200
Traffic Flow Management Portfolio ............................................................................ 8,000 8,000
On Demand NAS Portfolio ........................................................................................... 10,500 10,500
NAS Infrastructure Portfolio ........................................................................................ 15,000 15,000
NextGen Support Portfolio ........................................................................................... 8,400 8,400
Unmanned Aircraft Systems (UAS) ............................................................................. 22,000 22,000
Enterprise, Concept Development, Human Factors, & Demonstrations Portfolio ...... 15,000 15,000
TOTAL ACTIVITY 1 .............................................................................................. 153,600 153,600
Activity 2—Air Traffic Control Facilities and Equipment
a. En Route Programs
En Route Automation Modernization (ERAM)—System Enhancements and Tech
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Refresh ................................................................................................................... 66,900 66,900
En Route Communications Gateway (ECG) ................................................................ 2,350 2,350
Next Generation Weather Radar (NEXRAD)—Provide ................................................ 3,600 3,600
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Request Recommendation
Air Route Traffic Control Center (ARTCC) & Combined Control Facility (CCF)
Building Improvements .......................................................................................... 101,200 101,200
Air/Ground Communications Infrastructure ................................................................ 7,850 7,850
Air Traffic Control En Route Radar Facilities Improvements .................................... 7,500 7,500
Oceanic Automation System ....................................................................................... 9,150 9,150
Next Generation Very High Frequency Air/Ground Communications (NEXCOM) ......... 40,000 60,000
System-Wide Information Management ...................................................................... 31,050 31,050
ADS -B NAS Wide Implementation ............................................................................. 170,000 180,000
Windshear Detection Service ...................................................................................... 2,500 2,500
Air Traffic Management Implementation Portfolio ..................................................... 56,000 17,200
Time Based Flow Management Portfolio .................................................................... 16,250 20,000
NextGen Weather Processor ........................................................................................ 24,300 24,300
Airborne Collision Avoidance System X (ACASX) ........................................................ 5,100 5,100
Data Communications in Support of NG Air Transportation System ........................ 99,800 119,000
Reduced Oceanic Separation ...................................................................................... 10,450 20,000
En Route Service Improvements ................................................................................. 2,000 2,000
Commercial Space Integration ................................................................................... 11,000 11,000
Subtotal En Route Programs ............................................................................. 667,000 690,700
b. Terminal Programs
Standard Terminal Automation Replacement System (STARS) (TAMR Phase 1) ...... 74,900 80,000
Terminal Automation Program .................................................................................... 3,900 3,900
Terminal Air Traffic Control Facilities—Replace ....................................................... 55,000 55,000
ATCT/Terminal Radar Approach Control (TRACON) Facilities—Improve ................... 84,600 90,000
NAS Facilities OSHA and Environmental Standards Compliance .............................. 28,900 28,900
Integrated Display System (IDS) ................................................................................ 30,000 30,000
Terminal Flight Data Manager (TFDM) ....................................................................... 79,050 100,000
Performance Based Navigation & Metroplex Portfolio ............................................... 8,000 8,000
Unmanned Aircraft Systems (UAS) Implementation .................................................. 26,600 26,600
Airport Ground Surveillance Portfolio ......................................................................... 30,350 19,000
Terminal and EnRoute Surveillance Portfolio ............................................................. 78,600 62,500
Terminal and EnRoute Voice Switch and Recorder Portfolio ..................................... 43,400 40,750
Implementation of Flight Object Exchange and Enterprise Information Manage-
ment ....................................................................................................................... 10,500 10,000
Subtotal Terminal Programs .............................................................................. 553,800 554,650
c. Flight Service Programs
Aviation Surface Observation System (ASOS) ............................................................ 5,000 5,000
Future Flight Services Program .................................................................................. 17,800 17,800
Alaska Flight Service Facility Modernization (AFSFM) ............................................... 2,650 2,650
Weather Camera Program .......................................................................................... .......................... 2,000
Juneau Airport Wind System (JAWS)—Technology Refresh ....................................... 1,000 1,000
Subtotal Flight Service Programs ...................................................................... 26,450 28,450
d. Landing and Navigational Aids Program
VHF Omnidirectional Radio Range (VOR) Minimum Operating Network (MON) ........ 19,000 19,000
Wide Area Augmentation System (WAAS) for GPS ..................................................... 83,900 83,900
Runway Safety Areas—Navigational Mitigation ........................................................ 1,800 1,800
Landing and Lighting Portfolio .................................................................................. 68,950 68,950
DME, VORTAC, TACAN (DVT) Sustainment Portfolio ................................................... 10,000 20,000
Subtotal Landing and Navigational Aids Programs ......................................... 183,650 193,650
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and Management ................................................... 32,400 32,400
Unstaffed Infrastructure Sustainment ....................................................................... 60,200 60,200
Aircraft Replacement and Related Equipment Program ............................................ 36,100 36,100
Airport Cable Loop Systems—Sustained Support ..................................................... 9,000 9,000
Alaskan Satellite Telecommunications Infrastructure (ASTI) ..................................... 1,000 1,000
Facilities Decommissioning ........................................................................................ 4,800 4,800
Electrical Power Systems—Sustain/Support .............................................................. 149,400 149,400
Energy Management and Compliance (EMC) ............................................................. 7,400 7,400
Child Care Center Sustainment ................................................................................. 1,000 2,000
FAA Telecommunications Infrastructure ..................................................................... 34,700 34,700
Operational Analysis and Reporting Systems ............................................................ 15,900 11,000
TDM-to-IP Migration ................................................................................................... 11,300 38,000
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Subtotal Other ATC Facilities Programs ............................................................ 363,200 386,000
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Request Recommendation
TOTAL ACTIVITY 2 ..................................................................................... 1,794,100 1,853,450
Activity 3—Non-Air Traffic Control Facilities and Equipment
a. Support Equipment
Hazardous Materials Management ............................................................................. 27,500 26,000
Aviation Safety Analysis System (ASAS) .................................................................... 23,500 23,500
National Air Space (NAS) Recovery Communications (RCOM) ................................... 12,000 12,000
Facility Security Risk Management ............................................................................ 24,400 22,000
Information Security ................................................................................................... 18,500 18,500
System Approach for Safety Oversight (SASO) .......................................................... 29,200 29,200
Aviation Safety Knowledge Management Environment (ASKME) ............................... 9,700 9,700
Aerospace Medical Equipment Needs (AMEN) ........................................................... 28,300 26,800
System Safety Management Portfolio ......................................................................... 21,500 21,500
National Test Equipment Program ............................................................................. 3,000 3,000
Mobile Assets Management Program ......................................................................... 2,500 2,500
Aerospace Medicine Safety Information Systems (AMSIS) ......................................... 20,200 20,200
Configuration, Logistics, and Maintenance Resource Solutions (CLMRS) ................. 29,300 20,350
Subtotal Support Equipment ............................................................................. 249,600 235,250
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure Modernization ..................................................... 14,000 14,000
Distance Learning ....................................................................................................... 1,000 1,000
Subtotal Training, Equipment and Facilities .................................................... 15,000 15,000
TOTAL ACTIVITY 3 ..................................................................................... 264,600 250,250
Activity 4—Facilities and Equipment Mission Support
a. System Support and Services
System Engineering and Development Support ......................................................... 39,100 39,100
Program Support Leases ............................................................................................ 48,000 48,000
Logistics and Acquisition Support Services ............................................................... 12,000 12,000
Mike Monroney Aeronautical Center Leases ............................................................... 21,100 21,100
Transition Engineering Support .................................................................................. 17,000 17,000
Technical Support Services Contract (TSSC) ............................................................. 28,000 28,000
Resource Tracking Program (RTP) .............................................................................. 8,000 8,000
Center for Advanced Aviation System Development (CAASD) .................................... 57,000 57,000
Aeronautical Information Management Program ....................................................... 7,500 7,500
TOTAL ACTIVITY 4 ..................................................................................... 237,700 237,700
Activity 5—Personnel and Related Expenses
Personnel and Related Expenses ............................................................................... 550,000 550,000
TOTAL ALL ACTIVITIES ............................................................................... 3,000,000 3,045,000
RESEARCH, ENGINEERING AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $192,665,000
Budget request, fiscal year 2021 ....................................................... 170,000,000
Recommended in the bill ................................................................... 192,665,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +22,665,000
This appropriation provides funding for long-term research, engi-
neering, and development programs to improve the air traffic con-
trol system and to raise the level of aviation safety, as authorized
by the Airport and Airway Improvement Act and the Federal Avia-
tion Act. The appropriation also finances the research, engineering,
and development needed to establish or modify federal air regula-
tions.
COMMITTEE RECOMMENDATION
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Aviation professionals.—The Committee supports increasing the
strength and number of aviation professionals who are well-trained
and can be relied upon to make air travel safe and efficient. To
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35
that end, the Committee provides $5,000,000 for the aviation main-
tenance technician development program and $5,000,000 for avia-
tion workforce development program in accordance with section
625 of the FAA Reauthorization Act (P.L. 115–254). Additionally,
the Committee directs the FAA to include the section 625 grant
program as part of the workforce diversity briefing required under
the ‘‘Operations’’ heading.
Crew complements.—The presence of two well-trained, qualified
pilots in commercial aircraft is another example of safety through
redundancy. Funding made available in this Act to study alter-
native crew complements for flight decks in commercial operations
should prioritize the safety effects relative to two-person flights.
This direction is not intended to limit FAA’s research and develop-
ment activities related to unmanned aerial vehicles.
Counter-Unmanned Aircraft Systems (UAS).—The Committee
concurs with the need for a plan, as required by section 383 of the
FAA Reauthorization Act (P.L. 115–254), for certifying permitting,
authorizing, or allowing the deployment of technologies or systems
to detect and mitigate the potential risks posed by errant or hostile
unmanned aircraft systems. The Committee provides $14,000,000
for the Center of Excellence (COE) for UAS Research and believes
it is very well-suited and capable of supporting the FAA’s section
383 work. When the FAA begins conducting the airspace hazard
mitigation program, the Committee reminds the FAA that robust
results are derived from heterogenous airport environments and
operations.
Environment and Energy.—The recommendation provides
$21,000,000 for Environment and Energy, of which $3,000,000 is
additional funding for the FAA to analyze noise at a national level
using existing public health surveillance datasets and to conduct
field studies in the U.S.
NextGen-Environmental Research-Aircraft Technologies and
Fuels.—The recommendation provides $35,174,000 for NextGen-En-
vironmental Research-Aircraft Technologies and Fuels to reduce
aviation noise and exhaust emissions, of which $3,000,000 is addi-
tional funding to support the Continuous Lower Energy, Emissions
and Noise (CLEEN) program to reduce noise at its source—the air-
craft engine.
Request Recommendation
Safety
Fire Research and Safety ........................................................................................... 7,136 7,136
Propulsion and Fuel Systems ..................................................................................... 4,215 4,215
Advanced Materials/Structural Safety ........................................................................ 1,003 1,191
Aircraft Icing/Digital System Safety/Aircraft Cyber .................................................... 6,426 7,500
Continued Air Worthiness ........................................................................................... 9,642 11,269
Aircraft Catastrophic Failure Prevention Research .................................................... ––– 3,000
Flightdeck/Maintenance/System Integration Human Factors ..................................... 7,469 7,469
Safety System Management/Terminal Area Safety .................................................... 5,485 5,485
Air Traffic Control/Technical Operations Human Factors .......................................... 5,685 5,685
Aeromedical Research ................................................................................................ 10,235 11,500
Weather Research ....................................................................................................... 6,236 7,750
Unmanned Aircraft Systems Research ....................................................................... 24,035 24,035
Alternative Fuels for General Aviation ....................................................................... 2,524 2,524
Commercial Space ...................................................................................................... 5,840 5,840
NextGen—Wake Turbulence ....................................................................................... 3,698 3,698
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NextGen—Air Ground Integration ............................................................................... 6,757 6,000
NextGen—Weather Technology in the Cockpit ........................................................... 1,982 1,982
Information Security ................................................................................................... 4,769 4,769
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Request Recommendation
NextGen—Flight Data Exchange ................................................................................ 1,000 1,000
Total Safety ........................................................................................................ 114,137 122,048
Environmental Sustainability
Environment and Energy ............................................................................................ 17,911 21,000
NextGen Environmental Research—Aircraft Technologies and Fuels ....................... 27,009 35,174
Total Environmental Sustainability ................................................................... 44,920 56,174
Mission Support
System Planning and Resource Management ............................................................ 8,022 11,522
William J. Hughes Technical Center Laboratory Facilities ......................................... 2,921 2,921
Total Mission Support ........................................................................................ 10,943 14,443
Total Research Engineering & Development ............................................ 170,000 192,665
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Limitation of Limitation of
contract authoriza- obligations
tion
Appropriation, fiscal year 2020 ....................................................................................... $3,000,000,000 $3,350,000,000
Budget request, fiscal year 2021 ................................................................................... 3,350,000,000 3,350,000,000
Recommended in the bill ................................................................................................ 3,350,000,000 3,350,000,000
Bill compared to:
Appropriation, fiscal year 2020 .............................................................................. +350,000,000 –––
Budget request, fiscal year 2021 .......................................................................... ––– –––
This funding provides grants for airport planning and develop-
ment, noise compatibility and planning, the military airport pro-
grams, reliever airports, airport program administration, and other
authorized activities.
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act) (P.L. 116–136) included $10,000,000,000 for the Grants-in-Aid
for Airports program to prevent, prepare for, and respond to
coronavirus.
COMMITTEE RECOMMENDATION
Airport technology research.—The Committee recommendation
includes not less than $40,666,000 for the FAA’s airport technology
research program to conduct research on topics such as concrete
and asphalt airport pavement in accordance with section 744 of the
FAA Reauthorization Act (P.L. 115–254); airport marking and
lighting; airport rescue and firefighting; airport planning and de-
sign; wildlife hazard mitigation; and visual guidance.
Emergency preparedness.—The Committee directs the FAA to
work with airport sponsors and other Federal, State and local
agencies to help plan for emergency preparedness and response, in-
cluding planning for what spaces on the airport might be needed
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in the future in accordance with section 149 of the FAA Reauthor-
ization Act (P.L. 115–254) in order to effectively support these ac-
tivities. The Committee recognizes the important role that regional
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37
airports play in serving the emergency preparedness needs of rural
communities and supports critical infrastructure projects that in-
crease the resilience of airports that are designated to serve rural
communities in the event of a natural disaster or emergency.
Noise and environment.—The Committee shares the frustration
of communities experiencing airport and aircraft noise. Many fac-
tors influence how a community experiences airport and aircraft
noise, including proximity to an airport, frequency of flights, time
of day of those flights, aircraft fleet mix, weather, altitude, zoning
and permitting of land use, and the location and concentration of
arrival and departure procedures. Many of these factors are beyond
the control of the FAA, but the FAA can use its convening power
and aviation expertise to collaborate with air carriers, airports, air-
craft manufacturers, pilots, research universities, State and local
governments, and local communities to mitigate noise where pos-
sible. The Committee directs the Administrator to utilize available
funds to implement the Environmental Mitigation Pilot Program
and to conduct a series of studies and reports on aircraft noise in
accordance with the Airport Noise and Environmental Stream-
lining subtitle of the FAA Reauthorization Act (P.L. 115–254). The
Committee directs the FAA to promote both the Airport Zero Emis-
sions Vehicle and Infrastructure Pilot Program and the Voluntary
Airport Low Emissions Program as opportunities for airports to
meet their obligations under the Clean Air Act.
The Committee notes that the FAA completed its evaluation of
alternative airplane noise metrics and has awarded a grant to the
FAA’s Air Transportation Center of Excellence for Alternative Jet
Fuels and Environment in April 2019 in order to study the health
impacts of noise from overflights in accordance with sections 173
and 189 of the FAA Reauthorization Act (P.L. 115–254). Research
on the health effects of aircraft noise in the United States is lag-
ging. Studies on sleep disturbances due to a range of noise expo-
sure could inform decisions about airport and flight operations.
Sound insulation.—The Committee directs the FAA to consider
residences that were mitigated prior to 1993 with sound insulation
as ‘‘unmitigated’’ if an airport can verify that the residences con-
tinue to fall within the latest day-night average sound level (DNL)
65 decibel (dB) contour, and have an interior noise level of DNL 45
dB or higher. The FAA should consider these residences as ‘‘un-
mitigated’’ because of uncertainty about whether the doors, win-
dows, and other insulation installed would have achieved sufficient
interior noise reductions as those manufactured and installed con-
sistent with FAA standards. Any such retreatment should be lim-
ited to purchasing and installing windows and doors that conform
to currently published FAA standards that would achieve a meas-
urable reduction in interior noise levels.
Airport curb traffic management.—The Committee is aware of
ongoing data collection efforts by multiple and diverse airports to
ensure equitable and data-based treatment for the commercial
ground transportation industry. The Committee commends these
airports for taking this initiative and believes collecting relevant
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data points is a reasonable and important first step to under-
standing the changing dynamics at the curb. The Committee sup-
ports more transparency in this regard and encourages continued
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38
and enhanced collaboration between our nation’s airports and com-
mercial ground transportation operators.
GRANTS-IN-AID FOR AIRPORTS
Appropriation, fiscal year 2020 ......................................................... $400,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +100,000,000
Budget request, fiscal year 2021 ................................................ +500,000,000
This funding provides grants for airport planning and develop-
ment, noise compatibility and planning, the military airport pro-
grams, reliever airports, airport program administration, and other
authorized activities.
COMMITTEE RECOMMENDATION
Prioritization.—Section 47115(j)(3)(B) of title 49, United States
Code, requires that not less than 50 percent of the funds made
available under this heading shall be for grants at nonhub, small
hub, reliever, and nonprimary airports. The Committee directs the
FAA to restrict this set-aside to 50 percent and to use the remain-
ing funds for grants at medium hub and large hub airports. In ad-
dition, the Committee directs the FAA to provide priority consider-
ation for grant applications that complete previously awarded dis-
cretionary grant projects, and to provide priority consideration
based on project justification and completeness of pre-grant actions.
Temporary flight restrictions (TFR).—The Transportation, Hous-
ing and Urban Development, and Related Agencies Appropriations
Act, 2019 made $3,500,000 in Grants-in-Aid for Airports funding
available to provide reimbursement to airports that closed during
a TFR for any residence of the President that is designated or iden-
tified to be secured by the U.S. Secret Service. The Committee is
pleased that the FAA has awarded $600,000 of these funds. The
Committee is aware that the FAA is in the process to make addi-
tional awards and directs the FAA to make the selection process
as non-adversarial and streamlined as possible. While documenta-
tion is necessary for the FAA to conduct its due diligence, the FAA
is required to minimize the burden on the public in accordance
with the Paperwork Reduction Act. Furthermore, working directly
with the eligible airport sponsors is the most immediate way to
identify financial losses due to the actions of the Federal govern-
ment.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years at the
center for advanced aviation systems development.
Section 111 prohibits funds from being used to adopt guidelines
or regulations requiring airport sponsors to provide FAA ‘‘without
cost’’ building construction or space.
Section 112 allows reimbursement for fees collected and credited
under 49 U.S.C. 45303.
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Section 113 allows reimbursement of funds for providing tech-
nical assistance to foreign aviation authorities to be credited to the
operations account.
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Section 114 prohibits funds from being used for Sunday premium
pay unless work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store gift
cards with Government issued credit cards.
Section 116 prohibits funds from being obligated or expended for
retention bonuses for FAA employees without prior written ap-
proval of the DOT Assistant Secretary for Administration.
Section 117 requires, upon the request of an owner or operator,
the Secretary to block the display of an owner or operator’s aircraft
registration number in the aircraft situational display to industry
program.
Section 118 prohibits funds from being used for salaries and ex-
penses of more than nine political and Presidential appointees in
the FAA.
Section 119 prohibits funds from being used to increase fees
under 49 U.S.C. 44721 until the FAA provides a report to the
House and Senate Committees on Appropriations that justifies all
fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Section 119A requires the FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing a re-
gional operations center or reducing the services provided.
Section 119B prohibits funds from being used to change weight
restrictions or prior permission rules at Teterboro Airport in New
Jersey.
Section 119C prohibits funds from being used to withhold from
consideration and approval certain applications for participation in
the contract tower program or for certain reevaluations of cost-
share program participation.
Section 119D prohibits funds from being used to open, close, re-
designate, or reorganize a regional office, the aeronautical center,
or the technical center subject to the normal reprogramming re-
quirements outlined under section 405 of this Act.
FEDERAL HIGHWAY ADMINISTRATION
The Federal Highway Administration (FHWA) provides financial
assistance to the states to construct and improve roads and high-
ways. It also provides technical assistance to other agencies and or-
ganizations involved in road building activities. Title 23 of the
United States Code and other supporting statutes provide author-
ity for the activities of the FHWA. Funding is provided by contract
authority, while program levels are established by annual limita-
tions on obligations, as set forth in appropriations Acts.
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $456,798,689
Budget request, fiscal year 2021 ....................................................... 478,897,049
Recommended in the bill ................................................................... 478,897,049
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Bill compared with:
Appropriation, fiscal year 2020 .................................................. +22,098,360
Budget request, fiscal year 2021 ................................................ –––
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The limitation on administrative expenses caps the amount from
within the limitation on obligations that FHWA may spend on sala-
ries 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 administra-
tive expenses of $478,897,049. In addition, up to $3,248,000 may be
transferred to the Appalachian Regional Commission.
FEDERAL AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Limitation on obligations *
Appropriation, fiscal year 2020 ................................... $46,365,092,000
Budget request, fiscal year 2021 ................................. 49,982,000,000
Recommended in the bill ............................................. 61,130,000,000
Bill compared with:
Appropriation, fiscal year 2020 ............................ +14,764,908,000
Budget request, fiscal year 2021 .......................... +11,148,000,000
* These amounts do not include $739,000,000 of contract authority exempt from
the limitation on obligations. As a result, the total program level for fiscal year 2020
was $47,104,092,000. The total recommended program level for fiscal year 2021 is
$61,869,000,000.
The Federal-aid highways program is funded by contract author-
ity, and liquidating cash appropriations are subsequently provided
to fund resulting outlays. The Committee sets, through the annual
appropriations process, an overall limitation on the total contract
authority that can be obligated under the program in a given year.
Programs included within the Federal-aid highways program are fi-
nanced from the Highway Trust Fund.
Federal-aid highways and bridges are managed through a Fed-
eral-state partnership. States and localities maintain ownership of
and responsibility for the maintenance, repair and new construc-
tion of roads. State highway departments have the authority to ini-
tiate Federal-aid projects, subject to FHWA approval of the plans,
specifications, and cost estimates. The Federal government pro-
vides financial support, on a reimbursable basis, for construction
and repair through matching grants.
COMMITTEE RECOMMENDATION
Consistent with the amounts authorized in the INVEST in Amer-
ica Act, the Committee recommends a total program level of
$61,869,000,000 for the regular Federal-aid highway program in
fiscal year 2021. Included within the recommended amount is an
obligation limitation of $61,130,000,000 and $739,000,000 in con-
tract authority that is exempt from the obligation limitation.
Coronavirus pandemic.—The Committee recognizes the signifi-
cant toll that the coronavirus-19 pandemic has taken on the budg-
ets and staff of state departments of transportation. In conjunction
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with the authorized flexibilities provided for in the INVEST in
America Act that will make $14,742,808,640 available for oper-
ations and administrative expenses or to match other Federal
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41
funds, the Committee eliminates any requirements that states
match Federal funds for most of the programs subject to the obliga-
tion limitation.
Efficient allocation of funding.—The Committee notes that in a
2016 report, the Congressional Budget Office indicated that, ac-
cording to FHWA’s analysis in the most recent Status of the Na-
tion’s Highways, Bridges, and Transit Conditions & Performance
report, capital spending would produce greater benefits relative to
costs if it was reoriented toward expanding urban interstates, mak-
ing major repairs of urban highways and repairing bridges in both
urban and rural areas. Roughly half of roads in rural areas are
rated as having good pavement conditions, whereas, in urban
areas, roughly one-quarter of the roads are rated as good. The
Committee is concerned that the Department is not following the
guidance suggested by its own analysis when making recommenda-
tions for funding and grant awards. The Department is also not
providing up-to-date data on the funding distribution between
urban and rural areas. The last year-end report for FHWA High-
way Statistics is for 2016. Without updated data showing how Fed-
eral highway dollars are being distributed, it is more difficult for
Congress to assess the effectiveness of how the states are distrib-
uting dollars to the urban areas with substandard pavement condi-
tions. Consistent with section 1402 of the FAST Act, the Committee
directs FHWA to annually publish data on the urban-rural obliga-
tions of Federal-Aid Highway funding by the state departments of
transportation.
Truck size and weight.—In fiscal year 2020, the Committee di-
rected the Department to expeditiously develop an implementation
plan, including projected timelines, for conducting the research out-
lined in the Transportation Research Board’s Truck Size and
Weight Research Plan. The Truck Size and Weight Research Plan
outlines numerous projects, including those related to the impact of
different truck configurations on driver safety, the service life and
deterioration rates of bridges, and the condition of pavement. The
Committee notes that it has not yet received this implementation
plan and directs FHWA to brief the House and Senate Committees
on Appropriations on the implementation plan within 90 days of
enactment of this Act. The results of this research should be con-
sidered by the Department and Congress before any national
changes in truck length or weight policy are considered.
Permeable pavements.—The Committee encourages the Secretary
to accelerate research, demonstration, and deployment of per-
meable pavements to achieve flood mitigation, pollutant reduction,
stormwater runoff reduction, environmental conservation, and re-
silience for new road construction and retrofit of existing roads.
The Committee encourages the Secretary to conduct structural
evaluations of flood-damaged pavements, with emphasis on local
roads and highways subject to flooding and extended periods of in-
undation. Such evaluations will contribute to understanding the
mechanisms of flood damage and how permeable pavements might
be used to prevent or reduce damage from future flooding.
Materials for highway construction.—Innovative materials are
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key to increasing resilience in construction. The Committee encour-
ages the Secretary to disseminate information on how States can
prioritize the use of resilient and sustainable materials including,
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but not limited to, aggregates, cross laminated timber, and recycled
composite carbon fiber materials. The Committee directs FHWA to
work with the U.S. Geological Survey to ensure that information
about efficient and environmentally friendly access to aggregates is
available to stakeholders. The Committee also directs FHWA to
work with stakeholders to enable optimal use of reclaimed asphalt
and concrete materials as well as virgin aggregate resources. While
innovative materials are an important source of highway materials,
the Committee encourages the Department to support materials
neutral decisions that do not promote or provide preference for spe-
cific building materials.
Guardrails.—The Committee supports continued efforts by the
Secretary to help state and local departments of transportation
capitalize on federal investment in Geosynthetic Reinforced Soil In-
tegrated Bridge Systems. The Committee encourages the Secretary
to consider testing of geo-synthetically reinforced soil guardrails for
performance under vehicle impact and use this data to develop
specifications for use in future roadway construction.
Transportation demand management.—Transportation demand
management measures can improve multi-modal system effi-
ciencies, offer a variety of options to commuters, and move people
more effectively. In addition, such measures can reduce congestion,
improve air quality, and increase resiliency. The Committee en-
courages the Department to work with state and local governments
and other transportation stakeholders to implement such meas-
ures.
Safe systems.—The Committee is aware of the critical work that
FHWA is doing to define, support, and encourage adoption of a safe
systems approach to reduce and eventually eliminate fatalities and
serious injuries on our nation’s roadways. The Committee directs
FHWA to continue to work with the Road to Zero Coalition and
other safety stakeholders to accelerate adoption of a safe systems
approach by state and local transportation agencies. As part of es-
tablishing safe systems, cities nationwide are developing inter-
agency Vision Zero plans to connect engineering, education, and en-
forcement with the goal of ending transportation deaths and seri-
ous injuries. The Committee directs FHWA to work with state and
local stakeholders to facilitate the implementation of their Vision
Zero plans and strategies.
Complete streets.—The Committee is concerned about recent in-
creases in cyclist and pedestrian fatalities and encourages the
adoption of a complete streets design model in which roads and
streets are designed and operated to enable safe access for all
users, including but not limited to pedestrians, bicyclists, motorists,
and transit riders across a broad spectrum of ages and abilities. To
lay the groundwork for the adoption of a complete streets design
model, the Committee directs FHWA to review its current policies,
rules, and procedures to determine their impact on safety for road
users, particularly those outside automobiles, and to report their
findings to the House and Senate Committees on Appropriations
within one year after enactment of this Act. Subsequently, the
Committee directs the Department to disseminate best practices for
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complete streets to state and local highway partners.
Safe routes to schools.—The Committee recognizes the important
role infrastructure investments, education, and enforcement efforts
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can have in ensuring safe access to schools. Investments in side-
walks, bike paths, and alternative transportation have proven to
increase safety and decrease the number of deaths and injuries as-
sociated with commutes to school. The Committee encourages
FHWA to work with NHTSA, the Safe Routes to School Partner-
ship, and state and local stakeholders to facilitate safe student ac-
cess to schools.
Center for Accelerating Innovation.—The Committee anticipates
that technologies addressing the first and last mile of any trip will
allow consumers to become more comfortable with autonomous ve-
hicle technology. The low speeds of parking solutions and low-speed
deployments provide an opportunity to test systems and tech-
nologies. The Committee directs FHWA to prioritize first-mile/last-
mile solutions when developing any notice of funding opportunity
issued under the auspices of the Center for Accelerating Innova-
tion.
Advanced Transportation and Congestion Management Tech-
nologies Deployment (ATCMTD).—Under the FAST Act, the
ATCMTD has been able to fund 5 to 10 projects, annually, to make
competitive grants for the development of model deployment sites
for large scale installation and operation of advanced transpor-
tation technologies with the goal of improving safety, efficiency,
system performance, and return on investment. The levels of fund-
ing provided under this heading will allow the Department to in-
crease research funding for additional advancements in such trans-
portation technologies.
Freight.—Our nation’s major freight corridors improve our eco-
nomic efficiency, advance exports and imports, increase the effi-
ciency of national and international freight movement, promote
economic growth on a regional and national basis, and increase em-
ployment.
The proposed Interstate 69 extension over the Ohio River is a
crucial corridor for the movement of freight. The Interstate 69 ex-
tension between Indiana and Kentucky would address capacity con-
straints and create a continuous transportation network from Can-
ada to Mexico that will facilitate international trade and spur eco-
nomic development. The Committee encourages FHWA to work
with the relevant state departments of transportation to address
capacity constraints at these chokepoints and develop robust fund-
ing plans to complete these critical projects.
In addition, the Committee believes critical commerce corridors
(CCC), an authorized use of funds in the INFRA program, can im-
prove our economic efficiency, reduce travel times, and promote
safe travel on our nation’s roads and highways. CCCs create a bar-
rier on existing highways, physically separating lanes dedicated for
heavy commercial trucks from lanes dedicated for passenger vehi-
cles. The committee encourages the Secretary to consider applica-
tions for the creation of CCCs when awarding competitive grants
funded by the Department.
Border state infrastructure.—The Committee again directs the
Department to encourage States using Federal funds designated for
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border-state infrastructure to ensure participation of city and coun-
ty governments along the U.S.-Mexico border in project selection
processes. The Committee looks forward to the Department’s re-
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44
port, as directed in House Report 116–106, on its efforts in this re-
gard within 60 days of enactment of this Act.
Pennsylvania.—The Committee recognizes challenges faced on
Interstate 380 and Route 2001 in the Commonwealth of Pennsyl-
vania. Interstate 380 is a crucial artery for both regional tourism
and access to Tobyhanna Army Depot. Pennsylvania Route 2001 is
a key north-south route option in southeastern Pike County, Penn-
sylvania and is often the only option for north-south travel during
the winter. In both cases, when snow and ice are present, these
roads can be subject to significant traffic-safety hazards. The Com-
mittee directs FHWA to work with state and local stakeholders to
address surface conditions and other improvements, including but
not limited to, reconfiguration of an interchange to alleviate the re-
curring delays and chokepoints on both highways in order to re-
duce potentially dangerous backups.
Cap park development.—The Committee notes the growing inter-
est in communities across the country in developing cap parks (also
called a city deck park) in which a park is placed over a highway.
These parks connect neighborhoods that have long been divided by
highways and from other opportunities, reduce traffic congestion,
improve air quality, and bring green space to communities. The
Committee directs FHWA to analyze the benefits of such parks and
to report to the House and Senate Committees on Appropriations
within one year of enactment of this Act.
Sonoran corridor.—The Committee recognizes the importance of
the Sonoran corridor to southern Arizona and the Tucson Valley.
Upon completion, the Sonoran corridor will provide increased ac-
cess to economic opportunity throughout southern and central Ari-
zona. The Committee encourages FHWA to work with the State of
Arizona to identify funds to facilitate the completion of tier II Envi-
ronmental Impact Statements on High Priority Corridors of less
than 25 miles in distance and within 100 miles of the U.S.-Mexico
border.
Coastal erosion.—The Committee recognizes the unique situation
of Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands as it relates to shoreline
erosion resulting from global sea level increases. The Committee di-
rects FHWA to provide a report to the House and Senate Commit-
tees on Appropriation that details shoreline erosion impacting
roadways in Hawaii and the U.S. Territories. The report shall in-
clude a list of coastal roads most vulnerable to sea level rise and
recommendations for addressing shoreline erosion impacting these
roadways. The Committee directs FHWA to provide technical as-
sistance to departments of transportation in the affected states and
territories as they develop their transportation budgets and prior-
ities.
New interstate designations.—The Committee recognizes the ben-
efits that communities achieve when existing roads are designated
as interstates or future interstates. In particular, the Committee
recognizes that the Louie B. Nunn Cumberland Parkway in Ken-
tucky and the future Interstate 76 and Interstate 27 corridors
through Texas, Oklahoma, Colorado, and New Mexico will be key
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economic drivers for their communities. In addition, the extension
and completion of Interstate 73 through South Carolina will facili-
tate the safe evacuation of coastal areas. The Committee encour-
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ages FHWA to work with the appropriate state departments of
transportation to facilitate the development of these highways.
Congestion Mitigation and Air Quality (CMAQ).—CMAQ pro-
grams are essential to reducing congestion and improving air qual-
ity nationwide. One popular use of CMAQ funds is to create high-
occupancy vehicle (HOV) lanes to help reduce congestion. The Com-
mittee directs the Department to study how HOV lanes help to re-
duce traffic congestion and facilitate states meeting their air qual-
ity goals. The Department should evaluate different options for the
future of HOV lanes and report to the House and Senate Commit-
tees on Appropriation within one year after enactment of this Act.
The Committee urges the FHWA to consider the feasibility of uti-
lizing or deploying innovative technologies that provide traffic con-
gestion relief, offer quick alternatives to costly road construction,
result in safer roadways, provide positive protection, help eliminate
crossover fatalities, offer flexibility, improve air quality, and de-
crease fuel consumption as part of any project the federal govern-
ment provides financial support, on a reimbursable basis, for con-
struction and repair through matching grants.
Surface Transportation Block Grant (STBG) program.—The
STBG program provides the most flexible funding available to
states and Metropolitan Planning Organizations (MPOs). MPOs
that represent transportation management areas of at least five
million people are in particular need of assistance in order to expe-
dite project delivery for surface transportation block grants. The
Committee encourages the Secretary to provide technical assistance
to expedite project delivery in such transportation management
areas.
Manual on Uniform Traffic Control Devices (MUTCD).—The
Committee recognizes the importance that the MUTCD plays in
creating a uniform and safe experience for drivers nationwide.
However, uniformity and safety are sometimes at odds with inno-
vations, whether those innovations be in the form of patented prod-
ucts or new technologies for driving like electric vehicles. Each of
these examples would require FHWA to conduct a rulemaking to
amend the MUTCD, and the Committee encourages FHWA to ana-
lyze the need for rulemakings to amend the MUTCD.
Design speeds.—The Committee is concerned about the relation-
ship between design speed, posted speed, and operating speed. The
Committee is looking forward to the results of two upcoming
projects underway by the National Cooperative Highway Research
Program (NCHRP), NCHRP Project 17-76, ‘‘Guidance for the Set-
ting of Speed Limits’’ and NCHRP Project 15-76, ‘‘Designing for
Target Speed’’. Following the completion of each study, the Depart-
ment should summarize the findings and report to the House and
Senate Committees on Appropriations detailing findings on how
speed limits are set, how they impact roadway design, and the im-
plications for enforcement and crashes where posted speeds and de-
sign speeds deviate.
Tribal Technical Assistance Program (TTAP).—The Committee is
concerned about the lack of tribal input in regards to the restruc-
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turing of the TTAP. As the current two-year pilot program ends,
the Committee directs FHWA to ensure proper tribal consultation
as the agency decides how to proceed so that tribal nations receive
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appropriate technical assistance and capacity building opportuni-
ties.
Emergency relief.—FHWA’s Emergency Relief program provides
funds for the repair and reconstruction of roads that have suffered
serious damage from natural disasters. Over the past several
years, many states have experienced significant needs for Emer-
gency Relief funding, and since 2011, the Congress has appro-
priated more than $6,400,000,000. In addition to needs in other
states, California’s FHWA Emergency Relief program-eligible need
is approximately $879,000,000 from damage caused primarily by
storm and wildfire events. The Committee encourages FHWA to
continue to allocate funds to areas in need of assistance.
Scenic byways.—The scenic byways program includes a collection
of 150 distinct and diverse roads nationwide that provide key eco-
nomic benefits to the communities they traverse. The Committee
directs FHWA to study the economic benefits of scenic byways and
to make the report publicly available on the FHWA website.
Nondestructive inspections.—The Committee recognizes that
aging drainage infrastructure can present significant safety con-
cerns to roadways and transportation infrastructure. The Com-
mittee urges the Department to test and review new non-
destructive technologies that can identify pipes or soil voids behind
the pipe wall that could result in catastrophic failure to roadways.
Such new nondestructive technologies include technologies that can
provide imaging and photographic documentation of defects and
which would allow for subsequent targeted repair or replacement,
as appropriate.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
LIQUIDATION OF CONTRACT AUTHORITY
Appropriation, fiscal year 2020 ................................... $47,104,092,000
Budget request, fiscal year 2021 ................................. 50,721,000,000
Recommended in the bill ............................................. 61,869,000,000
Bill compared with:
Appropriation, fiscal year 2020 ............................ +14,764,908,000
Budget request, fiscal year 2021 .......................... +11,148,000,000
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation of
$61,869,000,000. This is the amount required to pay the out-
standing obligations of the highway program at levels provided in
the Act and prior appropriations Acts.
HIGHWAYS INFRASTRUCTURE PROGRAMS
Appropriation, fiscal year 2020 ......................................................... $2,166,140,392
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 1,000,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. ¥1,166,140,392
Budget request, fiscal year 2021 ................................................ +1,000,000,000
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The FAST Act provides contract authority for Highway programs
funded from the Highway Trust Fund. This account provides addi-
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tional funds from the General Fund of the Treasury for the pro-
grams funded by formula under the FAST Act and important safety
and management priorities administered by the Federal Aid High-
ways Administration (FHWA).
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000,000 for Highway Infra-
structure Programs. The following table provides funding levels for
activities within this account:
Request Recommendation
Surface Transportation Block Grants .............................................................................. $– – – $632,220,000
Appalachian Development Highway System .................................................................... – – – 100,000,000
Puerto Rico Highway Program ......................................................................................... – – – 3,150,000
Territorial Highway Program ............................................................................................ – – – 630,000
Nationally Significant Federal Lands .............................................................................. – – – 150,000,000
Grade-Crossing Competitive Grants ................................................................................ – – – 50,000,000
Tribal Transportation Program ........................................................................................ – – – 30,000,000
Advanced Digital Construction Management .................................................................. – – – 15,000,000
Regional Infrastructure Accelerator ................................................................................. – – – 12,000,000
National Road Network Pilot ........................................................................................... – – – 5,000,000
Tribal Fatalities Study ..................................................................................................... – – – 2,000,000
Total ........................................................................................................................ – – – 1,000,000,000
Nationally Significant Federal Lands.—The Committee directs
that when making grant awards under this heading, FHWA shall
prioritize roadways that in the prior fiscal year have been closed
or had speed reductions due to unsafe travel conditions as a result
of the roadway’s infrastructure condition and maintenance.
Tribal transportation programs (TTP).—The Committee recog-
nizes that providing safe and adequate transportation over the
more than 160,000 miles of roads and trails within Indian reserva-
tions, Indian lands, and Alaska Native Village communities is cru-
cial for the safety and welfare of tribal and surrounding non-tribal
communities. A prime objective of the TTP is to contribute to the
economic development, self-determination, and employment of Indi-
ans and Native Americans. In recognition of the consolidation of
multiple tribal transportation programs, the Committee has in-
cluded $30,000,000 of additional funding for the Tribal Transpor-
tation Program, to encourage the Department to ensure potentially
overlooked high priority projects, particularly needed by smaller
tribes, be addressed by this program.
Highway-rail grade crossings.—The Committee notes that high-
way-rail grade crossing collisions are the second leading cause of
all rail-related fatalities in the United States. In addition to the
amounts provided from the Highway Trust Fund for Section 130 of
title 23, United States Code, the Committee provides an additional
$50,000,000 in competitive grants to improve the safety of high-
way-rail grade crossings.
Advanced Digital Construction Management Systems.—Advanced
Digital Construction Management Systems are defined as commer-
cially proven digital technologies and processes for management of
construction and engineering activities, including systems for infra-
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structure planning and coordination, construction, maintenance,
modernization and management, asset management systems for
machines, site equipment, and personnel. Project delivery systems
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for project management are also included. The Committee intends
for software, hardware, services, and employee training on the use
and management of Advanced Digital Construction Management
Systems to be eligible expenses under this heading.
National Road Network Pilot Program.—The Committee provides
$5,000,000 for continued work on developing and expanding a Na-
tional Road Network Pilot program. Under the pilot program, the
Committee directs FHWA to continue work on creating a standard-
ized geospatial dataset which should support interagency interoper-
ability among state departments of transportation. A unified data
standard for all transportation agencies would provide myriad data
sharing and reuse opportunities. As part of that dataset, FHWA
should complete outreach to states to assist with improved and
standardized data reporting of data that are attached to their lin-
ear road networks. The Committee encourages FHWA to develop a
central source of geospatial data that supports interoperability of
data. As part of the pilot program, FHWA may connect to data-
bases produced by states or other federal agencies to provide real-
time information. The Committee intends for purchases of software
and hardware to be eligible expenses under the pilot program.
Study on tribal transportation.—The Committee provides
$2,000,000 for research that leads to decreases in highway and pe-
destrian fatalities among tribal populations. This research should
build on reports mandated in the FAST Act and should be competi-
tively awarded to state governments, academic institutions, or non-
profits which have existing partnerships among tribal governments
as well as traffic safety and transportation research expertise. Re-
search should focus on priority areas identified in FHWA’s 2018 re-
port ‘‘Options for Improving Transportation Safety in Tribal Areas’’.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes obligation authority among federal-aid
highway programs.
Section 121 credits funds received by the Bureau of Transpor-
tation 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 De-
partment provides credit assistance under the TIFIA program.
Section 124 requires 60-day notification to the House and Senate
Committees on Appropriations of any grants as authorized under
23 U.S.C. 117.
Section 125 allows state DOTs to repurpose certain highway
project funding to be used within 5 miles of its original designation.
Section 126 requires the Federal Highway Administration to ad-
judicate Buy America waivers based on the rules and regulations
in effect before April 17, 2017, and to process those requests within
90 days of their receipt.
Section 127 specifies that obligation limitation provided in fiscal
year 2020 shall not be subject to certain redistribution processes
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specified by section 120.
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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 vehi-
cle operations and to reduce truck and bus crashes. FMCSA works
with federal, state, and local entities, the motor carrier industry,
highway safety organizations, and the public to further its mission.
FMCSA resources are used to prevent and mitigate commercial
vehicle accidents through regulation, enforcement, stakeholder
training, technological innovation, and improved information sys-
tems. FMCSA also is responsible for enforcing federal motor carrier
safety and hazardous materials regulations for all commercial vehi-
cles entering the United States along its southern and northern
borders.
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2020 ......................................................... $288,000,000
Budget request, fiscal year 2021 ....................................................... 299,000,000
Recommended in the bill ................................................................... 379,500,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +91,500,000
Budget request, fiscal year 2021 ................................................ +80,500,000
This limitation controls FMCSA spending on salaries, operating
expenses, and research. It provides resources to support motor car-
rier safety program activities and to maintain the agency’s admin-
istrative infrastructure. This funding supports nationwide motor
carrier safety and consumer enforcement efforts, including the
Compliance, Safety, and Accountability Program, regulation and
enforcement of freight transport, and federal safety enforcement at
the U.S. borders. These resources also fund regulatory development
and implementation, information management, research and tech-
nology, safety education and outreach, and the safety and con-
sumer telephone hotline.
COMMITTEE RECOMMENDATION
Consistent with the amounts authorized in the INVEST in Amer-
ica Act, the Committee recommends $379,500,000 for the Oper-
ations and Programs account. Obligation limitation is for one year
except $98,073,000 is available until September 30, 2023, and
$20,000,000 is available until September 30, 2025. Of the amounts
available until September 30, 2023, not less than $85,000,000 is for
information management and not less than $13,073,000 is for the
research and technology program.
Hours of Service (HOS).—The Committee has profound concerns
about the safety and labor ramifications of the final rule that
FMCSA issued on May 14, 2020 revising HOS. The final rule will
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extend driving time and distance while also reducing the amount
of time a driver takes for rest. The changes will increase driver fa-
tigue, a significant risk factor in large truck crashes. In particular,
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50
the Committee is concerned about the effects of extending the
short-haul exemption from 12 hours to 14 hours and extending the
distance limit for short-haul drivers. In fact, 2016 research by the
Insurance Institute for Highway Safety and the North Carolina
Highway Safety Research Center found that truckers who reported
driving after at least 12 hours since an extended sleep period were
86 percent more likely to crash than drivers who had been awake
for less than eight hours. Truckers who reported driving more than
five hours without stopping were more than twice as likely to crash
as those who drove 1–5 hours. In that study, drivers using a short-
haul exemption had a crash risk nearly five times as high as those
drivers that were not using the exemption. In addition, proposed
changes to the 30-minute rest break could significantly increase
worker fatigue by eliminating off-duty time. The Committee directs
FMCSA to complete the study required by Section 4306 of the IN-
VEST in America Act before implementing such changes to HOS
requirements.
Truck parking.—The Committee notes the importance of safe and
appropriate places for truck drivers to park their vehicles so that
drivers can comply with HOS rules and get appropriate rest. The
Committee directs the Secretary to assist state and local entities in
working with the private sector to develop strategies to increase
the availability of safe truck parking so that truck drivers may
safely comply with HOS and other regulations.
Compliance, safety, accountability data.—The Committee reiter-
ates direction to FMCSA to address, in an expedited manner, the
recommendations submitted by the National Academies of
Sciences, Engineering, and Medicine in the manner specified by the
Office of the Inspector General on September 25, 2019. The Com-
mittee believes that Compliance, Safety, Accountability data col-
lected by the agency should be made available to the general pub-
lic, consistent with the provisions of the FAST Act.
Large truck crash causation study.—In 2018, there were more
than 4,400 fatal crashes involving large trucks, a more than 5 per-
cent increase from the prior year and a more than 50 percent in-
crease since 2009. More than 80 percent of those fatalities were oc-
cupants of other vehicles or non-occupants such as pedestrians or
cyclists. Large trucks account for 4 percent of vehicles and 8 per-
cent of all vehicles involved in fatal crashes, and they are 20 per-
cent more likely to be involved in multi-vehicle crashes compared
to passenger vehicles. The Committee applauds FMCSA and
NHTSA for their proposal to update the large truck crash causa-
tion study. The Committee provides not less than $3,300,000 to
begin the study and directs the agencies to report to the House and
Senate Committees on Appropriation regarding the methodology
and timeline for the study within 90 days of enactment of this Act.
Outfitters and guides.—The Committee recognizes the important
role that youth camps and outfitting guides play in the economy of
certain states, including Idaho, Wyoming, and Montana. The Com-
mittee acknowledges that outfitters, guides, and youth camps en-
gaged in interstate commerce must comply with requirements
under FMCSA regulations and that complying with such regula-
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tions can be costly. The Committee encourages FMCSA to study
the safety implications of exempting drivers of 9 to 15 passenger
motor vehicles operated by an outdoor adventure and recreational
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51
outfitter from work and location requirements under section
395.1(e) of title 49, Code of Federal Regulations, and to report to
the House and Senate Committees on Appropriations with their
findings.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2020 ......................................................... $391,136,000
Budget request, fiscal year 2021 ....................................................... 403,000,000
Recommended in the bill ................................................................... 506,200,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +115,064,000
Budget request, fiscal year 2021 ................................................ +103,200,000
This limitation controls FMCSA’s spending on motor carrier safe-
ty grants. Those grants are used to support compliance reviews in
the states, identify and apprehend traffic violators, conduct road-
side inspections, and conduct safety audits of new entrant carriers.
Additionally, grants are provided to states for improvement of state
commercial driver’s license oversight activities.
COMMITTEE RECOMMENDATION
Consistent with the amounts authorized in the INVEST in Amer-
ica Act, the Committee recommends $506,200,000 in obligation lim-
itation and liquidating cash for the Federal Motor Carrier Safety
Grant program. The following table provides funding levels for ac-
tivities within this account:
Request Recommendation
Motor Carrier Safety Assistance Program ....................................................................... ––– $389,212,000
Commercial Driver’s License ........................................................................................... ––– 56,880,000
High Priority Activities Program ...................................................................................... ––– 59,108,000
Commercial Motor Vehicle Operators Grants .................................................................. ––– 1,000,000
Total ........................................................................................................................ $403,000,000 506,200,000
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
Section 130 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Section 131 requires FMCSA to update annual inspection regula-
tions to require that rear underride guards be inspected annually.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
The National Highway Traffic Safety Administration (NHTSA)
was established in March 1970 to administer motor vehicle and
highway safety programs. It was the successor agency to the Na-
tional Highway Safety Bureau, which was housed in the Federal
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Highway Administration.
NHTSA’s mission is to save lives, prevent injuries, and reduce
economic costs due to road traffic crashes through education, re-
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search, safety standards, and enforcement activity. To accomplish
these goals, NHTSA establishes and enforces safety performance
standards for motor vehicles and motor vehicle equipment, inves-
tigates 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 driv-
ers, and to promote policies and devices with demonstrated safety
benefits including helmets, child safety seats, airbags, and grad-
uated driver’s licenses.
NHTSA establishes and ensures compliance with fuel economy
standards, investigates odometer fraud, establishes and enforces
vehicle anti-theft regulations, and provides consumer information
on a variety of motor vehicle safety topics.
OPERATIONS AND RESEARCH
Appropriation, fiscal year 2020 ......................................................... $194,000,000
Budget request, fiscal year 2021 ....................................................... 156,100,000
Recommended in the bill ................................................................... 214,073,440
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +20,073,440
Budget request, fiscal year 2021 ................................................ +57,973,440
The operations and research appropriation supports vehicle safe-
ty programs and the administrative expenses of the agency. These
programs include research and analysis to establish best practices,
guidance for vehicle safety, and rulemakings on safety standards
and fuel economy standards. The account also includes enforcement
of safety regulations including ensuring industry compliance with
motor vehicle safety standards, investigations of safety-related de-
fects and oversight of manufacturer recalls. Many of these pro-
grams are conducted in partnership with state and local govern-
ments, the private sector, universities, research units, and various
safety associations and organizations.
COMMITTEE RECOMMENDATION
For vehicle safety programs, funded by the general fund, the
Committee recommends $214,073,440. Amounts are available for
one year, except $40,000,000 of the funds are available until Sep-
tember 30, 2022. The following table provides funding levels for ac-
tivities within this account:
Request Recommendation
Rulemaking ...................................................................................................................... $22,586,000 $42,000,000
Enforcement ..................................................................................................................... 19,542,000 42,000,000
Research and Analysis .................................................................................................... 32,805,000 48,000,000
Administrative Expenses .................................................................................................. 81,167,000 82,073,440
Total ........................................................................................................................ 156,100,000 214,073,440
Office of Defects Investigation (ODI).—Of the amounts provided
for enforcement, no less than $30,000,000 shall be for the ODI. The
Committee continues to direct ODI to strengthen its collection and
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analysis of early warning data and vehicle defects, enhance defect
investigations using a risk-based process, and increased enforce-
ment to mitigate the impact of serious safety defects on drivers. In
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2020, the Committee required NHTSA to report, by June 17, 2020,
on how the agency will accomplish these goals. The report is over-
due, and the Committee directs NHTSA to brief the House and
Senate Committees on Appropriations regarding the status of the
report within 30 days of enactment of this Act.
Fuel-economy regulations.—The Committee is deeply concerned
about the negative environmental and economic effects of loosening
fuel economy standards and is disappointed that NHTSA finalized
the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule. In par-
ticular, the Committee finds a number of economic assumptions
that were included in the modeling implausible and is deeply
alarmed that the rule did not pass a reasonable cost-benefit anal-
ysis. Because the Committee believes that flaws in the modeling
have contributed to the rule, the Committee directs NHTSA to de-
velop a comprehensive, internally consistent model of the market
for vehicle sales that incorporates how consumers make choices
about when to purchase a vehicle, whether that vehicle is pur-
chased new from the manufacturer or used, and how consumers
make choices about how often or how far to drive. To develop the
model, NHSTA shall consult with industry and academic stake-
holders and make the model public upon its completion. The Com-
mittee further directs NHTSA to ensure that they have the appro-
priate personnel to complete such modeling including economists
and statisticians.
Truck underrides.—The Committee highlights that DOT has
been researching underrides for more than 50 years and that
NHTSA’s proposed rulemaking in December 2015 to update truck
rear impact guard requirements cited 362 annual fatalities associ-
ated with light vehicle crashes into the rear of trucks. The Com-
mittee directs NHTSA to prioritize working with relevant experts
and stakeholders, including researchers, engineers, safety advo-
cates, and the trucking industry, to facilitate the deployment and
adoption of rear and side underride protection devices. Last year,
the Committee directed NHTSA to implement GAO recommenda-
tions on underrides and to complete a rulemaking to improve rear
guards to meet the Insurance Institute for Highway Safety stand-
ards for Toughguard awards. The Committee repeats such direc-
tion, and requires NHTSA to brief the Committee within 30 days
of enactment of this Act on the agency’s progress on such require-
ments.
Automatic emergency braking.—The Committee notes that the
safety benefits of automatic emergency braking on large trucks are
well documented. The Insurance Institute for Highway Safety has
found that the technology can reduce front-to-rear crashes with in-
juries by 56 percent. The costs to generating these benefits are not
large. A September 2018 study by NHTSA found that the incre-
mental cost to a truck driver of automatic emergency brakes would
be less than $350. The Committee directs NHTSA to complete a
rulemaking, which was initiated in 2015, on automatic emergency
braking within one year of enactment of this Act. The Committee
further directs NHTSA to promulgate minimum performance
standards as part of this rulemaking.
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Automated vehicle testing.—The Committee notes that in Novem-
ber 2019 and February 2020, the National Transportation Safety
Board (NTSB) issued recommendations to NHTSA regarding the
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testing of autonomous vehicles on public roads including around
automation tools that allow a vehicle to steer, accelerate, and brake
automatically within a lane. The Committee directs NHTSA to
comply with those recommendations with all deliberate speed and
encourages NHTSA to require entities that are testing or intend to
test a developmental automated driving system on public roads to
submit a safety self-assessment to NHTSA. The Committee directs
NHTSA to comply with the NTSB’s recommendations and to brief
the House and Senate Committees on Appropriations within 180
days of enactment of this Act on the agency’s plan to comply with
the recommendations.
Advanced Driver Assistance Systems (ADAS).—The Committee
applauds the announcement by the Department to endorse ‘‘Clear-
ing the Confusion’’, the list of recommended ADAS terminology de-
veloped by a collaboration among the National Safety Council,
AAA, Consumer Reports and data analytics company J.D. Power
and is based on ADAS system functionality. To further these ef-
forts, the Committee encourages NHTSA to develop minimum per-
formance standards for these technologies.
Autonomous vehicles.—Changes in driving technology will bring
significant changes to the roadways and will likely change how oc-
cupants position themselves in vehicles. To address the changing
nature of safety, the Committee directs NHTSA to work with the
Highly Automated Systems Safety Center of Excellence to ensure
that the agency has access to staff with expertise relevant to the
development of automated and partially automated vehicles. The
Committee directs NHTSA to develop a research program in order
to better understand the kinetics and injury outcomes associated
with alternatively positioned vehicle occupants. NHTSA shall up-
date the House and Senate Committees on Appropriations on their
activities and plans related to autonomous vehicles within 180 days
after enactment of this Act.
The Committee finds that the machine learning and other ad-
vanced computing methods could be more efficiently used in the
implementation of Automated Driving Systems (ADS). The Com-
mittee encourages NHTSA to work with ADS stakeholders to iden-
tify and define their data needs with an eye towards the future
goal of developing platforms to address those needs. Such a pro-
gram of research would also support state governments as they as-
sess the readiness of their infrastructure to accommodate autono-
mous vehicles. In addition, the Committee supports safe autono-
mous vehicle testing on public roads, including by manufacturers
of highly automated vehicles, automated driving systems, and com-
ponents of automated driving systems.
New Car Assessment Program (NCAP).—The Committee directs
NHTSA to conduct a review that outlines whether the crash test
equipment used in NCAP adequately tests for the risks of injury
for female, young adult, and elderly drivers and to report to the
House and Senate Committees on Appropriations upon completion
of the review, no later than December 31, 2023.
Crashworthiness research.—The Committee recognizes the impor-
tance that lightweight plastics and polymer composites play to im-
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prove automotive safety, meet consumer demand for innovative and
autonomous vehicles, increase fuel efficiency, and support new U.S.
highly skilled manufacturing jobs. The Committee encourages
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55
NHTSA to focus on updating the countermeasures in its frontal,
side, rollover, front seatbacks, and lower interior impacts for chil-
dren and small adults, including women, as well as pedestrian
crashworthiness projects, with an emphasis on decreasing the
weight of vehicles in both traditional and autonomous vehicle
structural designs. The Committee directs NHTSA to leverage les-
sons learned from lightweight materials research at the Depart-
ment of Transportation, the Department of Energy, and by indus-
try stakeholders in its development of safety-centered approaches
for future lightweight automotive design.
Research on older drivers.—The Committee remains concerned
about the safety of older drivers and sees promise in the develop-
ment of tools that can prolong safe and independent mobility. The
Committee would like to see more widespread testing of tools such
as app-based software that provides in-vehicle assistance to elderly
drivers. The Committee applauds NHTSA’s current work on smart
phone interventions for older drivers and directs NHTSA to carry
out a pilot program in coordination with a university or multi-uni-
versity consortia for such software in order to develop a framework
that facilitates mobility for elderly drivers. Of the amounts pro-
vided under this heading, $8,000,000 shall be available for a wide-
scale field operational test of these technologies.
Passengerless delivery vehicles.—The Committee notes with inter-
est the development of new technologies that may be able to pro-
vide deliveries of food and other essential items to members of the
public. However, the Committee is concerned that these tech-
nologies have not been fully tested in a real-world setting, and will
watch with significant interest the results of a new pilot program
for such vehicles in the State of California. The Committee is hope-
ful that the safety and performance record of the vehicles will be
superb, and that the results will provide NHTSA with additional
information and data as they proceed with rulemakings around
such vehicles.
Motorcoach safety.—Section 32703 of Public Law 112–141, the
Moving Ahead for Progress in the 21st Century Act (MAP–21), re-
quired DOT to issue rules requiring seatbelts on motorcoaches, reg-
ulations for roof strength, anti-ejection safety countermeasures,
and rollover crash avoidance. Within 60 days of enactment of this
Act, the Committee directs NHTSA to update the House and Sen-
ate Committees on Appropriations regarding the Department’s
progress in implementing the motorcoach safety standards outlined
in MAP–21.
Overdue rulemakings.—The Committee remains concerned about
the slow progress by NHTSA on completing rulemakings mandated
by Congress in MAP–21 and the FAST Act. The Committee directs
the Inspector General of the Department of Transportation to con-
duct a study of NHTSA’s rulemaking activities to determine a list
of all congressionally mandated rulemakings related to 49 U.S.C.
Chapter 301 which the DOT and NHTSA have failed to address
consistent with required deadlines, the reasons for such delays, and
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potential actions to reduce delay in mandated rulemaking activi-
ties, including the prioritization of congressionally mandated rules
in relation to general rulemaking activities.
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OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2020 ......................................................... $155,300,000
Budget request, fiscal year 2021 ....................................................... 161,200,000
Recommended in the bill ................................................................... 170,612,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +15,312,000
Budget request, fiscal year 2021 ................................................ +9,412,000
This limitation controls NHTSA’s spending from the Highway
Trust Fund for Highway Safety Research and Development pro-
grams. Many of these programs are conducted in partnership with
state and local governments, the private sector, universities, re-
search units, and various safety associations and organizations.
Programs funded by this account include research, demonstrations,
and technical assistance to state and local governments around be-
havioral aspects of driver, occupant and pedestrian behavior. This
account also funds NHTSA’s National Center for Statistics and
Analysis which collects and analyzes crash data and provides tech-
nical assistance to support State Highway Safety Activities.
COMMITTEE RECOMMENDATION
Consistent with the amounts authorized in the INVEST in Amer-
ica Act, for behavioral safety research funded by the operations and
research account, the Committee recommends $170,612,000 in liq-
uidating cash and obligation limitation. Obligation limitation is
available for one year, except for $20,000,000 which is available
until September 30, 2022 and $3,000,000, for impaired driving de-
tection, which is available until expended.
Highway fatalities.—Despite consistent progress, estimated high-
way fatalities still totaled more than 36,000 in 2019, with alcohol-
impaired and speeding-related fatalities each totaling about one-
third of that total. In addition, the national seat belt use rate has
leveled off at about 90 percent, child safety restraint use needs to
improve, distracted driving persists, motorcycle and pedestrian
safety are an ongoing concern, and drugged driving and drivers im-
paired by multiple substances are emerging issues. Immediate
steps must be taken to focus resources on a national campaign to
save lives on the roadways. The Committee directs NHTSA to as-
sert its leadership by developing and implementing such a national
campaign, working with other federal agencies, the states, law en-
forcement, the public health community, industry, and others who
can contribute to the goal of saving lives in an expedited manner.
An initial report on the agency’s plans and progress on this cam-
paign should be provided to the House and Senate Appropriations
Committees no later than one year after enactment of this Act. The
report should include specific goals and any impediments to achiev-
ing those goals.
Pedestrian fatalities.—The Committee remains alarmed at the in-
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creased number of pedestrian fatalities, which over the last 10
years, have soared to more than 6,000, or roughly one-sixth of all
traffic deaths in the United States. Reducing these fatalities and
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injuries will take a concerted effort that includes enforcement of ex-
isting laws, changes in street design and engineering, and edu-
cation of drivers and pedestrians. The Committee directs NHTSA
to continue to work with FHWA and state and local stakeholders
to conduct education and enforcement efforts in cities nationwide
and to convene stakeholders to develop and publicize innovative so-
lutions to reduce pedestrian fatalities. In addition, the Committee
directs NHTSA to update data collection methodologies to evaluate
pedestrian injuries and fatalities. In order to facilitate more robust
risk analysis, NHTSA should partner with one or more academic
institutions to develop modern pedestrian crash data collection pro-
tocols.
Road to Zero coalition.—The Committee believes that conquering
persistent problems with speed, seat belt use, distraction, and sub-
stance-impaired driving requires a collaborative effort. In order to
reduce motor vehicle fatalities, the Road to Zero coalition has
awarded 25 safe system innovation grants totaling $3,500,000 over
three years to qualifying organizations and has shared these re-
sults with other stakeholders so that learning can be applied
throughout the country. The Committee encourages the Depart-
ment to remain engaged and involved with the Road to Zero coali-
tion as it develops data-driven actions to meet the goal of reducing
motor vehicle fatalities to zero. The Committee directs that NHTSA
continue to fund grants for such activities at a level commensurate
with that provided in fiscal years 2017 through 2020.
Impaired driving detection.—The Committee is concerned that
available technology to detect impaired driving has changed since
funding began for the DADDS program in 2011 and is encouraged
by the development of a variety of sensor- and camera-based tech-
nologies in vehicles to detect impaired, drowsy and distracted driv-
ing. While the DADDS program has made significant progress, it
has been almost 15 years since NHTSA last reviewed the available
technology for detecting drivers impaired by alcohol. Within 60
days of enactment of this Act, the Committee directs NHTSA to
contract with the Volpe National Transportation Systems Center to
update the 2007 Review of Technology to Prevent Alcohol-Impaired
Crashes. The Committee directs NHTSA to brief the House and
Senate Committees on Appropriations within 30 days of receipt of
the Volpe study.
Because additional technologies to detect drivers impaired by al-
cohol or other substances are emerging, the Committee is con-
cerned about their ability to work in a repeatable manner and sees
a need to eventually develop minimum performance standards for
such technologies. As a result, the Committee directs that
$3,000,000, to remain available until expended, be available for
NHTSA to acquire such technology, to develop a research plan and
to collect data with the goal of eventually developing a test stand-
ard. In addition, NHTSA is directed to convene a public forum of
national and international technology developers who have exper-
tise in technologies that detect impaired driving in order to in-
crease awareness of such technologies and to facilitate technology
transfer from previously federally funded efforts.
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Drug-impaired driving.—The Committee remains concerned with
the growing problem of people driving under the influence of one
or multiple substances, including marijuana and opioids. The Com-
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58
mittee supports the goal of developing a reliable standard for all
types of impaired driving and urges NHTSA to coordinate research
efforts with states and other partners. At the same time, the Com-
mittee recognizes that developing a standard measurement of mari-
juana impairment, similar to blood alcohol concentration (BAC), re-
mains unlikely in the near term. The Committee directs NHTSA to
continue to robustly support Drug Recognition Expert (DRE) and
Advanced Roadside Impaired Driving Enforcement (ARIDE) train-
ing and to prioritize the study and development of a standardized
field sobriety test (SFST) to detect marijuana impairment.
The Committee directs NHTSA to work with the Department of
Justice, the Department of Health and Human Services, and the
Department of Commerce to ensure that state highway safety of-
fices and state law enforcement have the most up-to-date informa-
tion from the Federal government on detecting impaired driving in-
cluding an inventory of available technologies to detect recent drug
use such as oral fluid technologies. In order to increase the safety
of the transportation network by reducing drug-impaired driving,
the Committee directs NHTSA to work with states to determine
their toxicology testing and funding needs and to provide states
with flexibility in how they use impaired driving countermeasures
grants, including, but not limited to, assistance with state toxi-
cology labs.
Child-car seat testing.—In 2014, NHTSA issued a proposed rule-
making that would have required all car seats designed for chil-
dren up to 40 pounds to be tested for side-impact collisions. By De-
cember 31, 2021, the Committee directs NHTSA to issue the long
overdue rule to test car seats for effectiveness in side-impact car
crashes and to update rules for frontal impacts. The Committee di-
rects NHTSA to brief the House and Senate Committees on Appro-
priation within 60 days of enactment of this Act on the agency’s
plan to meet this deadline.
Child hyperthermia.—The Committee is deeply concerned about
the ongoing crisis involving children dying of hyperthermia after
being left alone in motor vehicles. In 2018 and 2019, a total of more
than 100 children died in this tragic manner. NHTSA must pursue
a two-pronged strategy of public education and technology solu-
tions. Continued public education activities should include aggres-
sive media and community outreach. Technological solutions should
include requiring the automotive industry to swiftly install systems
that detect the presence of a child and alert individuals inside and
outside the vehicle. The Committee directs NHTSA to continue
policies and programs implemented in 2019 to reduce the number
of child deaths from hyperthermia. Of the amounts provided under
this heading, the Committee directs that not less than $3,000,000
shall be available for such activities.
High visibility enforcement campaigns.—High visibility traffic
safety enforcement campaigns are effective, life-saving counter-
measures for addressing increased safety belt and child safety seat
use, drunk driving prevention, and control of distracted driving.
The Committee continues to strongly support these campaigns and
provides substantial resources to conduct them throughout the
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year. In order to enhance the effectiveness of these efforts, the
Committee directs NHTSA to work with the Federal Highway Ad-
ministration and state departments of transportation to use high-
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way dynamic message signs, in compliance with the Manual on
Uniform Traffic Control Devices, to support the national safety em-
phasis periods.
Stroke victim transportation protocol.—Stroke is a leading cause
of death and long-term disability among adults in the United
States but faster diagnosis and treatment greatly increases chances
of survival. The Committee encourages NHTSA and its Office of
Emergency Medical Services to work with states to develop and im-
plement assessment, treatment, and transport-destination protocols
to ensure that stroke patients are transported to the most appro-
priate hospital for treatment. Such protocols shall consider the ca-
pability of an emergency receiving facility to improve outcomes for
patients suspected of having an emergent large vessel occlusion.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2020 ......................................................... $623,017,000
Budget request, fiscal year 2021 ....................................................... 647,200,000
Recommended in the bill ................................................................... 855,488,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +232,471,000
Budget request, fiscal year 2021 ................................................ +208,288,000
This limitation controls NHTSA’s spending on grants to states
authorized under the FAST Act. The grant programs include: High-
way Safety Programs, the National Priority Safety Program, and
the High Visibility Enforcement Program. These grants provide
flexible funding to States that develop a Highway Safety plan to
address State highway safety issues. This account also includes in-
centive grants to states that meet specific statutory criteria in
areas such as impaired and distracted driving, occupant protection,
motorcyclist safety, and nonmotorized safety.
COMMITTEE RECOMMENDATION
Consistent with the amounts authorized in the INVEST in Amer-
ica Act, the Committee recommends $855,488,000 in liquidating
cash from the Highway Trust Fund to pay outstanding obligations
of the Highway Traffic Safety Grant programs at the levels pro-
vided in this Act and prior Appropriations Acts. The Committee
also recommends limiting obligations from the Highway Trust
Fund in fiscal year 2021 for the Highway Traffic Safety Grant pro-
grams to $855,488,000. The following table provides funding levels
for activities within this account:
Request Recommendation
State and Community Highway Safety Grants ................................................................ ––– $384,800,000
National Priority Safety Programs ................................................................................... ––– 390,900,000
High Visibility Enforcement Program .............................................................................. ––– 49,702,000
Administrative Expenses .................................................................................................. $30,086,000 30,086,000
Total ........................................................................................................................ 647,200,000 855,488,000
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Coronavirus pandemic.—The Committee recognizes the signifi-
cant toll that the coronavirus-19 pandemic has taken on the budg-
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60
ets and staffing of state departments of transportation. In conjunc-
tion with the authorized flexibilities provided for in the INVEST in
America Act and to ensure that state highway safety activities re-
main robust, the Committee eliminates any requirements that
states match federal funds for grants made pursuant to chapter 4
of title 23, United States Code, for fiscal year 2021.
Safety promotional materials.—For the purpose of Federal grants
administered by NHTSA, safety equipment purchased for traffic
safety education trainings, such as child car seats, bicycle helmets
and lights, and reflective vests, shall not be considered promotional
materials or memorabilia.
Distracted driving.—The Committee notes that more than 2,800
people were killed in crashes involving a distracted driver in 2018.
The Committee continues to fund NHTSA programs that support
State efforts to educate the public and to enforce laws promoting
safe driving habits and prevent unnecessary deaths.
State traffic safety information system improvements.—The Com-
mittee recognizes the potential dangers to drivers and pedestrians
caused by the delays associated with mailed paper notices of out-
of-state driving infractions. In coordination with the National Driv-
er Registry funded under ‘‘Operations and Research,’’ and to help
meet the outlined purpose of grants under sections 402 and 405 of
title 23, United States Code, the Committee directs NHTSA to con-
tinue to provide technical assistance to States on improving the
interoperability of state and national traffic safety information sys-
tems, and, where possible, to build capacity for a transition to dig-
ital notifications.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides limited funding for travel and related ex-
penses associated with state management reviews and highway
safety core competency development training.
Section 141 exempts from the current fiscal year’s obligation lim-
itation any obligation authority that was made available in pre-
vious public laws.
Section 142 provides additional funding for highway safety pro-
grams.
Section 143 prohibits funds from being used to enforce certain
State maintenance of effort requirements under 23 U.S.C. 405.
FEDERAL RAILROAD ADMINISTRATION
The Federal Railroad Administration (FRA) was established by
the Department of Transportation Act (P.L. 89—670) on October
15, 1966. FRA plans, develops, and administers programs and reg-
ulations to promote the safe operation of freight and passenger rail
transportation in the United States. The U.S. freight railroad sys-
tem consists of over 600 railroads and 140,000 miles of track,
which deliver approximately 5,000,000 tons of goods each day. In
addition, FRA oversees grants to the National Railroad Passenger
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Corporation (Amtrak) with the goal of assisting Amtrak with im-
proving its passenger rail service and physical infrastructure.
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SAFETY AND OPERATIONS
Appropriation, fiscal year 2020 ......................................................... $224,198,000
Budget request, fiscal year 2021 ....................................................... 225,634,000
Recommended in the bill ................................................................... 236,134,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +11,936,000
Budget request, fiscal year 2021 ................................................ +10,500,000
The safety and operations account provides funding for FRA’s
safety program activities related to passenger and freight railroads.
Funding also supports salaries and expenses and other operating
activities related to FRA staff and programs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $236,134,000 for the
safety and operations account. The following table provides funding
levels for activities within this account.
Request Recommendation
Safe transportation of energy products .......................................................................... ––– $2,000,000
Automated track inspection program and data analysis ............................................... $8,000,000 16,500,000
Railroad safety information system and front end interface ......................................... 4,400,000 4,400,000
Positive train control support program ........................................................................... 3,001,000 3,001,000
Confidential close call reporting system ........................................................................ 3,000,000 3,000,000
Trespasser prevention ...................................................................................................... 2,300,000 2,300,000
Highway-rail grade crossing safety ................................................................................ 1,325,000 1,325,000
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $250,000 for the safety
and operations account to prevent, prepare for, and respond to
coronavirus.
Competitive grants.—The Committee remains concerned with the
Department’s ability to execute FRA’s competitive grant programs
in a timely manner. The Department has established a troubling
pattern of delays. For example, the fiscal year 2018 restoration and
enhancement grant program awards were selected on May 5, 2020,
over 2 years after this funding was provided by the Congress; the
fiscal year 2019 Federal-State partnership for state of good repair
grant program awards were selected on May 27, 2020, over 1 year
and 3 months after this funding was provided by the Congress; and
the fiscal year 2019 consolidated rail infrastructure and safety im-
provements (CRISI) grant program awards were selected on March
12, 2020, over 1 year after this funding was provided by the Con-
gress. These delays in selecting projects to receive awards have a
compounding effect on each subsequent fiscal year, with the De-
partment not issuing the Notice of Funding Opportunity (NOFO)
for the next fiscal year until several months after the Congress pro-
vided funding for the grant program.
The Committee recognizes that competitive grant programs re-
quire dedicated staff and contract support to issue NOFOs, review
applications, select projects for awards, execute grant agreements,
and conduct project management oversight. In fiscal year 2021, the
Committee again provides significant resources to help commu-
nities address transportation challenges through FRA competitive
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grant programs. This significant investment by the Congress in the
Nation’s rail infrastructure requires a robust program of grant
management and oversight. Therefore, the Committee increases
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the administrative set-asides for the Federal-State partnership for
state of good repair and CRISI grant programs to up to 2 percent
and directs FRA to administer and manage all competitive grant
programs funded by this Act in a responsible manner.
Coronavirus pandemic.—The Committee recognizes the signifi-
cant toll that the coronavirus pandemic has taken on the budgets
and staff of State and local governments, Amtrak, and others.
Therefore, the Committee eliminates the selection preference for
projects which have a 50 percent or higher non-Federal match for
the Federal-State partnership for state of good repair and CRISI
grant programs for fiscal year 2021.
Safe transportation of energy products.—The Committee rec-
ommendation supports FRA’s safe transportation of energy prod-
ucts programs, which includes safety inspectors, safety route man-
agers, tank car quality assurance specialists, tank car research,
and increased mileage of the automated track inspection program
(ATIP) on routes that carry energy products.
ATIP.—ATIP uses track geometry measurement vehicles to auto-
matically measure track conditions which supplement the work of
FRA inspectors to ensure railroads are compliant with FRA track
safety standards. The Committee recommendation supports the in-
spection of passenger rail routes, commuter rail routes, routes that
carry energy products and other hazardous materials, and further
enhancements to ATIP’s inspection capabilities. The Committee
notes that funds provided for ATIP in fiscal year 2021 are available
to inspect tracks and analyze data from ATIP operations and in-
spections.
Positive train control (PTC).—The Committee recognizes that sig-
nificant progress has been made by freight, passenger, and com-
muter railroads to implement PTC, with PTC systems in operation
on 56,541 of the nearly 58,000 route miles required by the Rail
Safety Improvement Act of 2008 (P.L. 110–432) as of March 31,
2020. In addition, as of March 31, 2020, 48.5 percent of approxi-
mately 229 host-tenant railroad relationships had achieved PTC
interoperability. With the December 31, 2020 deadline to fully im-
plement PTC quickly approaching, FRA and railroads must redou-
ble their efforts to complete revenue service demonstration, resolve
software and vendor challenges, achieve PTC interoperability, and
submit and review PTC safety plans. The Committee is concerned
that as of March 31, 2020, FRA has identified 4 railroads at risk
of not fully implementing PTC by the December 31, 2020 deadline.
The Committee directs FRA to continue to work with railroads on
PTC testing and interoperability, provide technical assistance, ac-
tively monitor industry-wide progress, and take enforcement ac-
tions, including civil penalties, as necessary. In addition, the Com-
mittee directs FRA to continue to brief the House and Senate Com-
mittees on Appropriations on progress by railroads to implement
PTC on a monthly basis until December 31, 2020, and as needed
thereafter.
Confidential close call reporting system (C3RS).—The Committee
commends FRA for its efforts to increase participation in C3RS, a
voluntary program that enables participating railroads and their
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employees to identify, analyze, and mitigate safety risks and im-
prove safety culture. Approximately 20 passenger, commuter, and
freight railroads are participating in C3RS. To better understand
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how C3RS helps promote and improve safety culture, the Com-
mittee directs the Government Accountability Office (GAO) to ex-
amine FRA’s C3RS program and similar programs passenger, com-
muter, and freight railroads may have in place to encourage their
employees to identify and report safety risks. The Committee di-
rects GAO to report its findings and recommendations to the House
and Senate Committees on Appropriations no later than 2 years
after enactment of this Act.
Trespasser prevention.—Pedestrians trespassing on railroad prop-
erty remains the leading cause of all rail-related fatalities, account-
ing for 62 percent of U.S. rail-related deaths in fiscal year 2018.
The Committee commends FRA for its efforts to implement the Na-
tional Strategy to Prevent Trespassing on Railroad Property (Na-
tional Strategy), including developing a risk model, initiating grant
opportunities to support local enforcement efforts, and increasing
outreach through community summits and symposiums. The Com-
mittee recommendation provides funding for FRA to continue these
activities in fiscal year 2021. The Committee looks forward to re-
ceiving an update of the National Strategy as required by House
Report 116–106 and directs FRA to provide an update annually
with the most current data available, FRA’s progress on the mile-
stones outlined in the National Strategy, and any potential new
initiatives to reduce trespasser fatalities. FRA is directed to submit
the updated National Strategy to the House and Senate Commit-
tees on Appropriations no later than June 30 each year.
Highway-rail grade crossing safety.—Highway-rail grade crossing
collisions are the second leading cause of all rail-related fatalities
in the United States. Between 2009 and 2018, the total number of
accidents at public and private highway-rail grade crossings have
remained constant, averaging about 2,100 per year. Despite more
than half of all public crossings being equipped with active warning
devices, 68 percent of collisions occur at crossings with active, func-
tional warning devices. The Committee understands FRA is engag-
ing in a data driven process to identify the most dangerous high-
way-rail grade crossings in the United States, which would allow
FRA to engage with communities, State and local agencies, law en-
forcement, railroads, and advocacy organizations to identify poten-
tial local solutions. In addition, FRA has initiated a 3-year strategy
to implement and demonstrate promising high- and low-technology
solutions, assist communities in identifying Federal funding oppor-
tunities, improve outreach and partnerships, and conduct research
and development. The Committee directs FRA to continue these ac-
tivities and provides funding to support FRA’s work in fiscal year
2021.
Blocked railroad crossings.—The Committee remains concerned
with the increase in the prevalence of railroad crossings blocked by
trains, and the potential impacts to communities and safety. The
Committee commends FRA for launching a new, dedicated website
for the public and law enforcement to report blocked highway-rail
grade crossings. The information collected through this website
could provide FRA a more complete picture of where, when, for how
long, and how frequently blocked railroad crossings occur. The
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Committee directs FRA to utilize this information to work with
communities, State and local agencies, law enforcement, railroads,
and others to develop local solutions to blocked railroad crossings.
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After the website has been operational for 1 year, the Committee
directs FRA to compile and analyze the information submitted
through the website. The Committee directs FRA to brief the
House and Senate Committees on Appropriations on this analysis,
including any identified trends and proposed actions to reduce the
number, frequency, and long duration of blocked railroad crossings.
This briefing shall occur no later than 90 days after the website
has been operational for 1 year.
On-time performance.—A significant obstacle to establishing new
passenger rail service or adding frequencies is the ability to obtain
reliable access to host railroad tracks. The Committee recognizes
the challenges host railroads face in balancing the demands of pas-
senger and freight trains, which can impact on-time performance.
These challenges are regularly reflected in Amtrak’s existing serv-
ice. In fiscal year 2019, Amtrak’s long-distance trains were on time
at stations only 42 percent of the time, while Amtrak’s State-sup-
ported trains were on time about 78 percent of the time. Congress
sought to address on-time performance through the Passenger Rail
Investment and Improvement Act (PRIIA) of 2008 (P.L. 110–432).
The Committee is pleased that following several years in Federal
court, FRA and Amtrak are again working to develop new or im-
prove existing metrics and minimum standards for measuring the
performance and service quality of intercity passenger train oper-
ations as required by section 207 of PRIIA. FRA and Amtrak joint-
ly developed proposed metrics and minimum standards, consulted
with impacted stakeholders during the development process, and a
notice of proposed rulemaking (NPRM) was issued by FRA on
March 31, 2020. The Committee directs FRA and Amtrak to thor-
oughly review and consider all comments received in response to
the NPRM and to issue a final rule as soon as practicable.
New transportation projects utilizing existing corridors.—The
Committee is aware that metropolitan planners may seek to utilize
existing transportation corridors in proposing new transportation
projects, including high speed rail. The Committee notes that docu-
mentation of historic disruption of affected communities and poten-
tial negative impacts to communities are to be considered in the
documentation required under the National Environmental Policy
Act (NEPA). The Committee directs the Department to ensure
NEPA documentation for projects which propose to utilize existing
transportation corridors includes documentation of the effects of
the historic disruption of affected communities. Further, the Com-
mittee encourages the Department to evaluate the impact of new
transportation projects and their utilization of existing corridors
and to provide recommendations on ways to mitigate community
disruption from construction and operation of new transportation
projects in existing transportation corridors, including high speed
rail projects.
Amfleet replacement.—The Committee notes that the Further
Consolidated Appropriations Act, 2020 (P.L. 116–94) directed FRA
to utilize the flexibilities provided in 2 CFR 200.308(d)(1) in order
to allow State acquisition costs and on-going capital charges related
to Amtrak’s new fleet to be an eligible activity in any future
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NOFOs for the CRISI and Federal-State partnership for state of
good repair grant programs. The Committee continues this direc-
tion for these competitive grant programs for fiscal year 2021.
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Washington Union Station expansion project.—The Committee
recognizes the importance of Washington Union Station as a
multimodal transportation hub for the National Capital Region and
understands plans are underway to expand capacity and improve
multimodal facilities at the station. The Committee directs FRA to
continue working with the District of Columbia government on the
expansion plan and to consider the feedback of all stakeholders, in-
cluding residents of affected neighborhoods, in its planning process.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2020 ......................................................... $40,600,000
Budget request, fiscal year 2021 ....................................................... 41,000,000
Recommended in the bill ................................................................... 41,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +400,000
Budget request, fiscal year 2021 ................................................ –––
The railroad research and development program provides science
and technology support for FRA’s policy and regulatory efforts. The
program’s objectives are to reduce the frequency and severity of
railroad accidents through scientific advancement, and to support
technological innovations in conventional and high speed railroads.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $41,000,000 for the
railroad research and development program.
The Committee directs FRA to conduct research and development
activities in all disciplines, including track, rolling stock, train con-
trol and communications, human factors, and railroad systems, in
order to maximize gains in rail safety and encourages FRA to
prioritize new technology and data analysis methods to improve
safety in all areas of railroad operations.
Safe transportation of energy products.—The Committee provides
$2,500,000 for FRA to research and mitigate risks associated with
the transportation of crude oil, ethanol, liquefied natural gas
(LNG), and other hazardous materials, including tank car research
in partnership with other Federal agencies.
The Committee is aware of several research and development
projects FRA and the Pipeline and Hazardous Materials Safety Ad-
ministration (PHMSA) are actively pursuing relating to the trans-
portation of LNG in rail tank cars or the use of LNG as a fuel for
locomotives. The Committee directs FRA, in collaboration with
PHMSA, to continue to support cooperative research on the safe
use of LNG in these applications which should inform rulemaking.
Trespasser prevention and highway-rail grade crossing safety.—
As previously noted, the Committee is concerned that the two lead-
ing causes of all rail-related fatalities are trespassing on railroad
rights-of-way and collisions at highway-rail grade crossings. Com-
bined, these two causes account for 97 percent of all rail-related fa-
talities. The Committee urges FRA to continue research and devel-
opment activities which could improve trespass detection and pre-
vention, including at or near highway-rail grade crossings, and to
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assist with the National Strategy to Prevent Trespassing on Rail-
road Property. In addition, the Committee urges FRA to continue
research and development activities on grade crossing technology
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and engineering solutions, including human interactions with such
technology.
Short-line safety.—The Committee provides $3,000,000 to im-
prove safety practices and training and develop safety management
systems for Class II and Class III freight railroads. This funding
supports FRA’s initiative to partner with short-line and regional
railroads to build a stronger, more sustainable safety culture
through safety culture assessments, training and education, includ-
ing on the safe transportation of energy products and other haz-
ardous materials, outreach activities, and research.
System safety and risk reduction programs.—The Committee rec-
ognizes that continued investments in critical rail infrastructure
programs will make rail infrastructure, equipment, and the oper-
ating environment safer. Therefore, the Committee urges FRA to
continue prioritizing investments in the development of tech-
nologies designed to verify the functional performance of complex
electronic systems such as: PTC, passenger door control, railroad
crossing equipment, communication systems, train and locomotive
systems, train environmental control, railcar signs, infrastructure
maintenance, and monitoring systems. The Committee recognizes
the importance of deploying these technologies in new and existing
systems and acknowledges investments made in such technologies
by cities, transportation agencies, and railroads across the country.
The Committee urges FRA to continue working with industry to
develop standardized performance specifications, test and
verification processes, and maintenance and diagnostics tools for
such systems.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
Appropriation, fiscal year 2020 ......................................................... $200,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 200,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +200,000,000
The Fixing America’s Surface Transportation (FAST) Act (P.L.
114–94) authorized the Federal-State partnership for state of good
repair grant program under section 11302. The purpose of these
grants is to reduce the state of good repair backlog on publicly- or
Amtrak-owned infrastructure, equipment, and facilities. Eligible ac-
tivities include capital projects to: (1) replace existing assets in-
kind or with assets that increase capacity or service levels; (2) en-
sure that service can be maintained while existing assets are
brought into a state of good repair; and (3) bring existing assets
into a state of good repair.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $200,000,000 for the
Federal-State partnership for state of good repair grant program.
Competitive grants.—The Committee remains concerned with the
Department’s ability to execute this competitive grant program in
a timely manner. The Consolidated Appropriations Act, 2019 (P.L.
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116–6) provided $400,000,000 for the Federal-State partnership for
state of good repair grant program and required the Department
to select projects to receive awards no later than 180 days after en-
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actment of P.L. 116–6. The Department did not issue the NOFO for
fiscal year 2019 until October 8, 2019, more than 230 days after
P.L. 116–6 was enacted. As a result of the Department’s slow pace
in initiating the NOFO and selecting projects to receive the fiscal
year 2019 funding, P.L. 116–94 directed the Department to make
these awards by May 1, 2020. The Committee is extremely dis-
appointed that the Department failed to meet this subsequent
award date despite having more than 140 days between receiving
applications on December 9, 2019 and May 1, 2020 to review appli-
cations and select projects to receive awards. While the Committee
appreciates that the Department finally selected projects for the
fiscal year 2019 funding on May 27, 2020, this came over 1 year
and 3 months after this funding was provided by the Congress. As
previously noted, these delays in issuing NOFOs and selecting
projects to receive awards have a compounding effect on each sub-
sequent fiscal year. In order to prevent future delays with the
funding the Committee provides in fiscal year 2021, the Committee
directs the Department to complete its work on the funding appro-
priated in fiscal year 2020 by December 20, 2020 as required by
P.L. 116–94. Further, the Committee directs the Secretary to pub-
lish a NOFO for fiscal year 2021 no later than 60 days after enact-
ment of this Act and to make awards no later than 240 days after
enactment of this Act.
In addition, the Committee is concerned with the Department’s
decision in NOFOs for fiscal years 2017, 2018, 2019, and 2020 to
limit project eligibility to final design and construction activities
and to ‘‘not fund any preliminary engineering, environmental work,
or related clearances.’’ The FAST Act does not include such limita-
tions for this grant program. The Department’s subjective decision
to restrict project eligibility may have resulted in a reduced pool of
applications in response to NOFOs in fiscal years 2017, 2018, and
2019, despite the significant state of good repair needs of the Na-
tion’s railroad assets. Therefore, the Committee directs the Sec-
retary to expand project eligibility in the fiscal year 2021 NOFO to
include design, engineering, location surveys, mapping, environ-
mental studies, and acquiring rights-of-way activities independ-
ently of or in conjunction with construction.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $325,000,000
Budget request, fiscal year 2021 ....................................................... 330,000,000
Recommended in the bill ................................................................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +175,000,000
Budget request, fiscal year 2021 ................................................ +170,000,000
Authorized under section 11301 of the FAST Act, the purpose of
the CRISI grant program is to improve the safety, efficiency, and
reliability of passenger and freight rail transportation systems. Eli-
gible activities include a wide range of capital, regional and cor-
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ridor planning, environmental analyses, research, workforce devel-
opment, and training projects.
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COMMITTEE RECOMMENDATION
The Committee recommendation provides $500,000,000 for the
CRISI grant program. Of the total funds provided, not less than
$60,000,000 is for projects eligible under section 22907(c)(5) of title
49, United States Code; not less than $90,000,000 is for projects el-
igible under section 22907(c)(2) of title 49, United States Code, that
support the development of new intercity passenger rail service
routes including alignments for existing routes; and not less than
$25,000,000 is for capital projects and engineering solutions tar-
geting trespassing.
Competitive grants.—While the Committee is pleased that the
Department awarded the funding appropriated in fiscal year 2019
on March 12, 2020, the Committee notes with disappointment that
the Department did not issue the NOFO for fiscal year 2019 until
August 19, 2019, more than 6 months after P.L. 116–6 was en-
acted, and awarded grants more than 270 days after the award
date established in P.L. 116–6. Considering the Department’s dis-
regard for the timelines established by the Congress in P.L. 116–
6 for issuing the fiscal year 2019 NOFO and awarding grants, the
Committee is deeply troubled with the Department’s unwillingness
to provide flexibility to applicants with respect to the fiscal year
2020 NOFO application deadline. As with all FRA competitive
grant programs, the Committee remains concerned with the De-
partment’s ability to execute the CRISI grant program in a timely
manner. In order to prevent future delays with the funding the
Committee provides in fiscal year 2021, the Committee directs the
Department to complete its work on the funding appropriated in
fiscal year 2020 by October 15, 2020 as required by P.L. 116–94.
Further, the Committee directs the Secretary to publish a NOFO
for fiscal year 2021 no later than 30 days after enactment of this
Act, provide applicants 90 days to respond to the NOFO, and make
awards no later than 210 days after enactment of this Act.
In addition, the Committee is concerned with the Department’s
pace in executing grant agreements for projects which have been
selected for awards. As of April 2020, the CRISI grant program had
a total unobligated balance of $1,017,091,670.58. According to FRA,
it takes between 6 to 12 months to finalize a grant agreement after
a project is selected for an award, at which point the funding is ob-
ligated. Based on this timeline, FRA should complete grant agree-
ments for all awards for fiscal years 2017 and 2018 in June 2020
and the Committee should see a significant decrease in unobligated
balances. The Committee directs FRA to work expeditiously with
project sponsors to execute grant agreements for fiscal years 2017
and 2018. Further, the Committee directs FRA to provide quarterly
reports to the House and Senate Committees on Appropriations on
the status of CRISI grant agreements and obligations for all
awards for fiscal years 2017, 2018, and 2019.
PTC.—The Committee is pleased with the efforts made by com-
muter railroads to implement PTC and directs FRA to continue to
provide technical assistance to commuter railroads as they move to-
ward full implementation. The Committee reminds FRA that the
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deployment of PTC is an eligible project under section 22907(c)(1)
of title 49, United States Code, and the Committee again expands
PTC eligibility to include commuter railroads.
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Trespasser prevention.—The Committee is committed to reducing
the number of deaths from pedestrians trespassing on railroad
rights-of-way. FRA identified funding as 1 of 4 strategic areas in
its National Strategy to Prevent Trespassing on Railroad Property.
The National Strategy notes that programs like CRISI could help
communities implement targeted trespasser mitigation strategies.
Therefore, the Committee provides not less than $25,000,000 for
capital projects and engineering solutions targeting trespassing and
directs FRA to give preference to projects located in counties identi-
fied in the National Strategy as having the most pedestrian tres-
passer casualties. The Committee further directs FRA to provide
technical assistance to applicants to ensure proposed trespasser
mitigation projects meet CRISI grant program requirements.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
Appropriation, fiscal year 2020 ......................................................... $2,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +3,000,000
Budget request, fiscal year 2021 ................................................ +5,000,000
The magnetic levitation technology deployment (MAGLEV) pro-
gram is authorized under section 322 of title 23, United States
Code. The MAGLEV program funds transportation systems that
employ magnetic levitation and are capable of safe use by the pub-
lic at speeds in excess of 240 miles per hour.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $5,000,000 for the
MAGLEV program. This funding is available for preconstruction
planning activities and capital costs.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
(AMTRAK)
Amtrak was created by the Congress in the Rail Passenger Serv-
ice Act of 1970 (P.L. 91–518) to operate intercity passenger rail
service, which was previously operated by private railroads. Am-
trak assumed the common carrier obligations of the private rail-
roads in exchange for the right to priority access to the private rail-
road tracks for an incremental cost.
Amtrak operates more than 300 trains each day to more than
500 destinations in 46 States, the District of Columbia, and Can-
ada. About 72 percent of the miles traveled by Amtrak trains are
on tracks owned by other railroads, and Amtrak owns 624 route-
miles of its own track, most of which is on the Northeast Corridor
(NEC) from Washington, D.C. to Boston, Massachusetts. In fiscal
year 2019, Amtrak carried 32.5 million people on the NEC, State-
supported routes, and long-distance routes.
The FAST Act authorizes funding for Northeast Corridor grants
to Amtrak and National Network grants to Amtrak, which encom-
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passes Amtrak’s State-supported and long-distance routes, as well
as other non-NEC activities.
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COMMITTEE RECOMMENDATION
The Committee recommendation provides a total of
$2,050,000,000 for Amtrak through the Northeast Corridor grants
and National Network grants accounts, which is consistent with
the FAST Act authorized structure.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $1,018,000,000 for the
Northeast Corridor grants and National Network grants accounts
for Amtrak to prevent, prepare for, and respond to coronavirus.
Congressional budget justification.—The Committee appreciates
the level of detail in the fiscal year 2021 budget justification and
directs Amtrak to submit a budget justification with a similar level
of detail for fiscal year 2022.
Amtrak route network changes.—The Committee strongly opposes
the proposal in the budget request to fund a new National Network
transformation grants program to restructure Amtrak’s long-dis-
tance service and require States to take over the costs and respon-
sibilities of this service. Despite the proposal’s phased approach, in
the long-term, the budget request would amount to shifting shared
and system-related costs onto State-supported routes which would
require States to contribute significantly more funding for service
on Amtrak’s National Network. The Committee rejects this pro-
posal and provides funding for Amtrak to continue to provide serv-
ice through long-distance and State-supported routes.
The Committee also does not provide funding requested in Am-
trak’s General and Legislative Report & Fiscal Year 2021 Grant
Request to establish a corridor development program to modernize
and expand Amtrak’s existing route network. The Committee un-
derstands Amtrak is conducting a review of its network and poten-
tial changes which could provide new or additional intercity service
in fast-growing regions and corridors throughout the country that
are currently underserved or not served at all by Amtrak. While
the Committee understands Amtrak’s efforts are intended to ad-
dress changing demographics and travel trends, such changes could
have unintended consequences for long-distance customers, espe-
cially in rural and small communities where passenger rail serves
as an important mobility option and economic driver.
The Committee directs Amtrak to seek any potential changes to
its existing route network through the ongoing efforts to reauthor-
ize the FAST Act. Further, the Committee directs Amtrak to con-
duct comprehensive outreach and consultation with State and local
governments, the State-Supported Route Committee, its employees,
communities, passenger rail organizations, railroads, and the pub-
lic on any potential changes. Amtrak must engage in an open and
transparent process which encompasses anyone who could be im-
pacted, positively or negatively, by such changes. The Committee
strongly reminds Amtrak that section 24701 of title 49, United
States Code, requires Amtrak to operate a national passenger rail
system, and urges Amtrak to ensure any potential changes also in-
crease ridership in rural areas and improve service for long-dis-
tance customers.
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ADA policy reviews.—In January 2020, Amtrak proposed a
charge of $25,000 to remove seats on a train from Chicago to
Bloomington, Illinois to accommodate several passengers using
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71
wheelchairs that were seeking to travel together. This proposed
charge was based on a new policy on railcar reconfiguration that
went into effect in 2019. Amtrak ultimately did not charge this
amount, worked to ensure the group could travel together, and sus-
pended the policy on railcar reconfiguration. However, this incident
raises new questions about Amtrak’s policies and compliance with
the Americans with Disabilities Act (ADA) of 1990 (P.L. 101–336).
The Committee directs Amtrak to complete a review of the rail-
car reconfiguration policy and seat removal practices for passengers
traveling with wheelchairs to ensure ADA compliance and accessi-
bility. Further, the Committee directs Amtrak to conduct a holistic
assessment and review of all Amtrak policies, procedures, proto-
cols, and guidelines for compliance with the ADA. The Committee
directs Amtrak to submit a report to the House and Senate Com-
mittees on Appropriations no later than 180 days after enactment
of this Act summarizing the policies, procedures, protocols, and
guidelines that were reviewed, including the railcar reconfiguration
policy and seat removal practices for passengers traveling with
wheelchairs, any necessary changes to ensure ADA compliance and
accessibility, and an implementation plan and timeline for making
changes or improvements identified in the review. The Committee
strongly encourages Amtrak to engage with disability stakeholders
during these reviews and when considering changes to its policies,
procedures, protocols, and guidelines.
ADA accessibility at Amtrak stations.—July 26, 2020 will mark
30 years since the ADA was signed into law. Section 12162(e) of
the ADA requires that all new and existing stations used in inter-
city rail transportation are made accessible to and usable by indi-
viduals with a disability. The ADA provided Amtrak 20 years to
complete the necessary upgrades at existing stations. Beginning in
fiscal year 2012, the Congress began providing $50,000,000, annu-
ally, to Amtrak through the Federal grant to bring Amtrak-served
facilities and stations into compliance with the ADA. The Com-
mittee expresses profound disappointment that as of February
2020, only 39 of the 387 stations at which Amtrak has either sole
or shared ADA responsibilities were fully compliant with the ADA,
and Amtrak remains more than 10 years away from full compli-
ance with the ADA. Therefore, the Committee recommendation pro-
vides $75,000,000 through the Northeast Corridor grants and Na-
tional Network grants accounts to bring Amtrak-served facilities
and stations into compliance with the ADA. Further, the Com-
mittee urges Amtrak to also use its non-Federal revenue to ad-
vance this work. In addition, the Committee directs Amtrak to sub-
mit a report to the House and Senate Committees on Appropria-
tions no later than 120 days after enactment of this Act detailing
the ADA stations program plan and timeline to make the remain-
ing 348 stations ADA compliant and accessible.
Station agents.—The Committee directs Amtrak to provide a full-
time station agent in each Amtrak station that had a ticket agent
position eliminated in fiscal year 2018. Station agents assist pas-
sengers with their intercity passenger rail travel, conduct the sale
of tickets, provide customer service during all hours that a station
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is open, and perform building maintenance duties. Amtrak is di-
rected to continue to improve communication and collaboration
with local partners and take into consideration the unique needs
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of each community, including impacts to local jobs, when making
decisions related to the staffing of Amtrak stations.
Amtrak Police Department (APD).—The APD has the responsi-
bility of protecting Amtrak’s passengers, employees, property, and
infrastructure. In 2019, Amtrak developed and deployed a new
data driven system to help determine uniformed officer staffing lev-
els throughout Amtrak’s network and to strategically deploy uni-
formed officers to areas with increasing rates of criminal activity.
This resulted in reducing the number of uniformed officers in some
divisions, increasing the number of uniformed officers in other divi-
sions, and increasing uniformed officer visibility on trains and
rights-of-way owned by Amtrak. While the Committee appreciates
Amtrak’s efforts to increase safety by deploying resources to areas
where incidents are occurring, it is important that these changes
do not unintentionally result in a reduction in the overall police
force in the long-term. Maintaining a high level of safety at Amtrak
stations, on trains, and on rights-of-way is critical to the traveling
public and to local, regional, and national security.
The Committee is pleased with Amtrak’s commitment to comply
with section 151 of P.L. 116–94 to maintain a uniformed officer
workforce in fiscal year 2020 that is not less than the staffing level
on May 1, 2019. The Committee understands Amtrak is hiring uni-
formed officers to meet this directive and support its data driven
workforce alignment. The Committee directs Amtrak to work expe-
ditiously to fill these positions and to report quarterly to the House
and Senate Committees on Appropriations on the total number of
uniformed officers by division and on Amtrak’s hiring efforts. Fur-
ther, section 151 of this Act continues to direct Amtrak to maintain
a uniformed officer workforce in fiscal year 2021 that is not less
than the staffing level on May 1, 2019.
Contact centers.—Amtrak employs a dedicated workforce at the
contact center in Philadelphia, Pennsylvania. The contact center
assists Amtrak’s customers with booking travel, managing their
Amtrak Guest Rewards, arranging group or special travel, navi-
gating reimbursements, addressing complaints, and more. While
the Committee recognizes that Amtrak’s total call volumes have
steadily declined as more of Amtrak’s customers choose self-service
platforms like Amtrak’s website or mobile site, the Committee be-
lieves the employees at the contact center continue to provide an
important service to Amtrak’s customers. Further, the Committee
contends that Amtrak should continue to employ a dedicated Am-
trak workforce to support the customer service functions currently
provided at the Philadelphia contact center. The Committee under-
stands that Amtrak does not have plans to actively reduce staff at
the Philadelphia contact center, plans to continue making invest-
ments in the building where the contact center is housed, and is
working to introduce new features for customers such as a chat
communication channel which employees at the contact center
would support. The Committee directs Amtrak to continue oper-
ations at the Philadelphia contact center with a dedicated work-
force consisting of Amtrak employees, maintain such operations
with Amtrak employees, and minimize the use of outside vendors
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to perform telephonic or internet-based customer service support.
Further, the Committee directs Amtrak to report quarterly to the
House and Senate Committees on Appropriations on the total num-
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ber of Amtrak employees at the Philadelphia contact center, includ-
ing specifics on separations, hiring, and vacancies.
Private cars and charter trains.—In fiscal year 2018, Amtrak
issued new guidelines for private cars on Amtrak trains and char-
ter trains operated by Amtrak. While the Committee understands
these changes reflect Amtrak’s mandate to provide efficient, effec-
tive, and safe regularly scheduled passenger rail service, the Com-
mittee remains concerned with Amtrak’s implementation and com-
munication of these guidelines. Amtrak is directed to continually
review and evaluate the locations and trains that may be eligible
for private car moves. If additional locations or trains meet Am-
trak’s criteria, the Committee directs Amtrak to update the list of
eligible locations and trains for private car moves in the Guidelines
for Private Cars on Amtrak and to notify private car owners ac-
cordingly. In addition, the Committee directs Amtrak to continue
to brief the House and Senate Committees on Appropriations on
the effects of these guidelines on private cars and charter trains,
including whether improvements and operational changes could be
made to achieve Amtrak’s goals without negatively impacting pri-
vate car and charter train operations, particularly in small, rural
communities.
Amtrak is directed to include an updated report on private car
and charter train policies in its fiscal year 2022 budget justifica-
tion. The report should include the amounts and percentages by
which revenues and usage declined for private cars and charter
trains. For charter trains, such information should be provided as
separate figures for Amtrak-owned and privately-owned charter
trains. The Committee acknowledges that certain information may
be commercially sensitive and cannot be made public. Therefore,
the Committee directs Amtrak to provide such information through
briefings to the House and Senate Committees on Appropriations.
Communication with stakeholders.—The Committee remains con-
cerned that Amtrak continues to make and implement changes to
operations and services without providing the public or its employ-
ees adequate time to understand proposed changes and provide
feedback. Amtrak has made changes to policies and procedures re-
lating to station agents, contact centers, private cars, charter
trains, food and beverage service, law enforcement, and railcar con-
figuration, all of which have impacts on its customers, employees,
and communities. Therefore, the Committee directs Amtrak to con-
tinue efforts to increase engagement with customers, employees,
stakeholders, and the public on proposals to change operations and
services, including providing an opportunity to comment on policies
prior to finalizing decisions.
On-time performance.—As previously stated, the Committee is
concerned with Amtrak’s on-time performance for long-distance and
State-supported routes. Under Federal law, host railroads are re-
quired to grant Amtrak trains priority over freight trains and Am-
trak in turn is required to pay fees for its use. In fiscal year 2019,
Amtrak paid host railroads approximately $150,000,000 for use of
the tracks, performance, and other resources needed to operate
Amtrak trains. According to Amtrak’s Host Railroad Report Card,
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the grades host railroads received, based on delays caused to Am-
trak trains in 2019, ranged from an ‘‘A’’ to an ‘‘F,’’ with the average
grade for all host railroads being a ‘‘C.’’ The Committee urges Am-
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trak to continue engaging with host railroads to improve on-time
performance for long-distance and State-supported routes.
Cyber security.—In 2019, the Amtrak Office of Inspector General
(OIG) conducted an audit to assess Amtrak’s efforts to identify and
address train control systems’ cyber security and resiliency and
compared Amtrak’s efforts with the standards developed by the Na-
tional Institute of Standards and Technology. Train control systems
are critical to Amtrak’s ability to safely operate trains each day.
Therefore, the Committee directs Amtrak to comply with the OIG
recommendations to improve the cyber security and resiliency of
Amtrak’s train control systems and the OIG is directed to brief the
House and Senate Committees on Appropriations no later than 180
days after enactment of this Act on Amtrak’s actions to address
these recommendations.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
Appropriation, fiscal year 2020 ......................................................... $700,000,000
Budget request, fiscal year 2021 ....................................................... 325,466,000
Recommended in the bill ................................................................... 750,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +50,000,000
Budget request, fiscal year 2021 ................................................ +424,534,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $750,000,000 for
Northeast Corridor grants to Amtrak to support operating and cap-
ital activities for Amtrak’s NEC. This funding level provides
$5,000,000 for the Northeast Corridor Commission established
under section 24905 of title 49, United States Code.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $492,000,000 for the
Northeast Corridor grants account for Amtrak to prevent, prepare
for, and respond to coronavirus.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2020 ......................................................... $1,300,000,000
Budget request, fiscal year 2021 ....................................................... 611,000,000
Recommended in the bill ................................................................... 1,300,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +689,000,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $1,300,000,000 for Na-
tional Network grants to Amtrak to support operating and capital
activities for Amtrak’s long-distance and State-supported routes,
and other non-NEC activities. This funding level provides
$2,000,000 for the State-Supported Route Committee established
under section 24712 of title 49, United States Code.
In addition, the Coronavirus Aid, Relief, and Economic Security
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Act (CARES Act) (P.L. 116–136) included $526,000,000 for the Na-
tional Network grants account for Amtrak to prevent, prepare for,
and respond to coronavirus.
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ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSIONS)
Section 150 limits overtime to $35,000 per Amtrak employee and
allows Amtrak’s president to waive this restriction for specific em-
ployees for safety or operational efficiency reasons. It also requires
Amtrak to submit a report to the House and Senate Committees
on Appropriations no later than 60 days after enactment of this Act
summarizing overtime payments incurred by Amtrak for calendar
year 2020 and the 3 prior calendar years. The summary shall in-
clude the total number of employees that received waivers and the
total overtime payments paid to employees receiving waivers for
each month for 2020 and the 3 prior calendar years.
Section 151 prohibits the use of funds made available to Amtrak
to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations, facili-
ties, or rights-of-way below the staffing level on May 1, 2019.
Section 152 prohibits the use of funds made available by this Act
by Amtrak in contravention of the Worker Adjustment and Re-
training Notification Act.
Section 153 provides that unobligated balances remaining for the
CRISI grant program after 6 years from the date of enactment of
P.L. 116–6 and after 6 years from the date of enactment of P.L.
116–94 may be used for any eligible project under section 22907(c)
of title 49, United States Code.
Section 154 rescinds certain unobligated balances.
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 Tran-
sit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were transferred from
the Department of Housing and Urban Development. 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 FTA is
contained in the Fixing America’s Surface Transportation (FAST)
Act (P.L. 114–94). Annual appropriations Acts include annual limi-
tations on obligations for the transit formula grants programs, and
direct appropriations of budget authority from the General Fund of
the Treasury for FTA’s administrative expenses, some research
programs, and capital investment grants.
ADMINISTRATIVE EXPENSES
Appropriation, fiscal year 2020 ......................................................... $117,000,000
Budget request, fiscal year 2021 ....................................................... 121,052,000
Recommended in the bill ................................................................... 121,052,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +4,052,000
Budget request, fiscal year 2021 ................................................ –––
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The FTA administers Federal financial assistance programs for
planning, developing, and improving comprehensive mass transpor-
tation systems in both urban and non-urban areas. This appropria-
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tion provides, from the General Fund of the Treasury, amounts for
the administrative expenses of the agency.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $121,052,000 for FTA’s ad-
ministrative expenses, of which $15,000,000 shall remain available
until September 30, 2022. The Committee’s recommendation pro-
vides these funds from the General Fund.
Operating plans.—The Committee directs FTA to comply with
Act-wide directives for operating plans and reprogramming guide-
lines. Consistent with these guidelines, the Committee directs FTA
to provide an operating plan to the House and Senate Committees
on Appropriations within 60 days of enactment of this Act and to
follow the reprogramming requirements contained in section 405 of
this Act.
Budget justifications.—The Committee strongly encourages FTA
to maintain the format and content of the fiscal year 2020 budget
justification in the fiscal year 2022 documents. The Committee is
disappointed by the lack of policy detail provided in the fiscal year
2021 budget justification.
Annual new starts report.—The Committee has again included
language in the Act requiring FTA to submit the annual new starts
report with the initial submission of the fiscal year 2022 budget re-
quest.
Full funding grant agreements (FFGA).—Title 49 of the United
States Code requires that FTA notify the House and Senate Com-
mittees on Appropriations as well as the House Committee on
Transportation and Infrastructure and the Senate Committee on
Banking, Housing, and Urban Affairs 30 days before executing a
FFGA. In its notification to the House and Senate Committees on
Appropriations, the Committee directs FTA to include the fol-
lowing: (1) a copy of the proposed FFGA; (2) the total and annual
Federal appropriations required for the project; (3) yearly and total
Federal appropriations that can be reasonably planned or antici-
pated for future FFGAs for each fiscal year through 2024; (4) a de-
tailed analysis of annual commitments for current and anticipated
FFGAs against the program authorization, by individual project;
(5) a financial analysis of the project’s cost and the sponsor’s ability
to finance the project, which shall be conducted by an independent
examiner, and which shall include an assessment of the capital cost
estimate and the finance plan; (6) the source and security of all
public- and private-sector financial instruments; (7) the project’s
operating plan, which enumerates the project’s future revenue and
ridership forecasts; and (8) a listing of all planned contingencies
and possible risks associated with the project.
The Committee continues to direct FTA to inform the House and
Senate Committees on Appropriations in writing 30 days before ap-
proving schedule, scope, or budget changes to any FFGA. Cor-
respondence relating to such changes shall include any budget revi-
sions or program changes that materially alter the project as origi-
nally stipulated in the FFGA, including any proposed change in
rail car procurements.
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In addition, the Committee directs FTA to continue reporting
monthly to the House and Senate Committees on Appropriations on
the status of each project with a FFGA or that is within two years
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of a FFGA. The Committee directs that monthly reporting include
any requests for letters of no prejudice and the levels of funds allo-
cated and obligated, by fiscal year.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Liquidation of contract Limitation on
authority obligations
Appropriation, fiscal year 2020 ......................................................................... $10,800,000,000 $10,150,348,462
Budget request, fiscal year 2021 ..................................................................... 11,696,000,000 11,046,000,000
Recommended in the bill .................................................................................. 16,595,000,000 15,945,200,000
Bill compared with:
Appropriation, fiscal year 2020 ................................................................ +5,795,000,000 +5,794,851,538
Budget request, fiscal year 2021 ............................................................ +4,899,000,000 +4,899,200,000
The FAST Act provides contract authority for the transit formula
grant programs funded from the mass transit account of the High-
way Trust Fund. These programs include: urbanized area formula
grants, state of good repair grants, formula grants for rural areas,
growing states and high-density states, mobility for seniors and
persons with disabilities, bus and bus facilities grants, bus testing
facilities, planning programs, transit-oriented development, a pilot
program for enhanced mobility, public transportation innovation,
technical assistance and workforce development, and the National
Transit Database. This Act sets an annual obligation limitation for
such authority and provides liquidating cash. This account is the
only FTA account funded from the Highway Trust Fund.
COMMITTEE RECOMMENDATION
Consistent with the levels authorized in the INVEST in America
Act, the Committee recommends an obligation limitation of
$15,945,200,000 for formula programs and activities. The Commit-
tee’s recommendation also includes $16,595,000,000 in liquidating
cash.
Coronavirus pandemic.—The Committee recognizes the signifi-
cant toll that the coronavirus pandemic has taken on the budgets
and staff of transit grantees. In conjunction with the authorized
flexibilities provided for in the INVEST in America Act that will
make $5,794,851,538 available for operations and maintenance ex-
penses or to match other Federal funds, the Committee eliminates
requirements that states match Federal funds for certain amounts
subject to the obligation limitation. The Committee directs that the
flexibilities provided under this heading in this Act apply solely to
funds newly obligated in fiscal year 2021. The Committee directs
FTA to treat any funds previously obligated on grants as if those
amounts were obligated with their original characteristics and Fed-
eral share. To facilitate administration of this provision, the Com-
mittee directs that these flexibilities be available to unobligated
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funds previously provided in prior Acts under the heading ‘‘Transit
Infrastructure Grants’’ that were distributed by formula to urban-
ized areas or States.
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Transit-oriented development (TOD).—The utilization and expan-
sion of TOD is critical to revitalizing cities, reducing pollution and
congestion, and enhancing economic opportunity. However, such
projects require significant planning work before sponsors may
apply for a Capital Investment Grant. The Committee directs that
not less than $15,000,000 should be made available for the FTA’s
Pilot Program for TOD as authorized under Section 20005(b) of
MAP–21 (Public Law 112–141).
Extending commuter rail service across state lines.—The Com-
mittee supports instances where commuter rail service can be ex-
tended to communities that lie over a state boundary through an
existing commuter rail system because the addition of commuter
and transit rail services can facilitate local economic growth. The
Committee directs the FTA to coordinate with FRA to identify op-
portunities for transit agencies and providers of commuter rail to
extend their service over state lines. The Committee encourages
FTA and FRA to provide such agencies with technical assistance to
promote the development of additional cross-state-line commuting
by rail. In addition, the Committee directs FTA and FRA to report
to the House and Senate Committees on Appropriations within 180
days of enactment of this Act on innovative strategies to increase
capacity for commuter and transit rail, especially across state
boundaries.
Transit worker assaults.—The Committee is concerned about the
safety of frontline transit workers, especially bus drivers. As a re-
sult, the Committee directs the Administrator to require grant re-
cipients to report information on each assault on a transit worker
to the National Transit Database as part of the risk evaluation
process under FR 2019–10281. An assault on a transit worker shall
include all events in which the safety or health of a transit worker
is placed at risk while the transit worker is performing his or her
duties including circumstances that do not require immediate med-
ical attention or that do not result in a fatality.
Innovation.—Using funds under section 5312 of title 49, United
States Code, the Accelerating Innovative Mobility (AIM) initiative
is establishing a national network of transit agencies that will test
and share project results and use FTA’s technical assistance cen-
ters to promote promising innovations. The Committee encourages
FTA to continue to develop innovative approaches to technical
problems and to disseminate information and expand on the les-
sons learned from the Smart Cities challenge.
Urban transit challenges.—The Committee is concerned about
urban transportation challenges relating to equity, access, and sus-
tainability, including improving mobility options for transportation-
challenged communities and ensuring robust public transportation,
particularly in cities with dense urban populations. The Committee
encourages FTA to address these challenges by prioritizing re-
search collaborations with large research universities, particularly
those with Minority Serving Institution status.
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TRANSIT INFRASTRUCTURE GRANTS
Appropriation, fiscal year 2020 ......................................................... $510,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 510,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +510,000,000
The FAST Act provides contract authority for the transit formula
grants program from the mass transit account of the Highway
Trust Fund. This account provides additional funds from the Gen-
eral Fund of the Treasury for important transit priorities author-
ized under Chapter 53 of title 49, United States Code.
COMMITTEE RECOMMENDATION
The Committee recommends an additional $510,000,000 in tran-
sit infrastructure grants to remain available until expended. The
following table provides funding levels for activities within this ac-
count:
Request Recommendation
Bus and Bus Facilities ................................................................................................ ––– $374,000,000
Low and No Emission Bus Grants .............................................................................. ––– 125,000,000
Passenger Ferry Program ............................................................................................. ––– 10,000,000
Innovative Mobility ....................................................................................................... ––– 1,000,000
Total .................................................................................................................... ––– 510,000,000
In addition, the Coronavirus Aid, Relief and Economic Security
Act (CARES Act) (P.L. 116–136) included $25,000,000,000 through
the Transit Infrastructure grants account for transit agencies to
prevent, prepare for, and respond to coronavirus.
Low and no emission bus grants.—The Committee is pleased by
the interest in low and no emission buses nationwide and provides
$125,000,000 under this heading, in addition to the amounts pro-
vided under ‘‘Transit Formula Grants’’, for FTA to continue this
competitive grant program authorized in the FAST Act. As part of
the criteria for the fiscal year 2021 Notice of Funding Opportunity,
the Committee encourages the FTA to include evaluation criteria
that considers the number of electric buses the applicant currently
has in revenue service.
Transit vehicle innovation deployment centers project (TVIDC).—
The Committee remains keenly interested in the TVIDC project
which provides critical research and technical assistance to ad-
vance innovation in transit. The Committee directs FTA to provide
ongoing support to TVIDC and the recommendation includes
$5,000,000 from the low and no emission bus grants appropriation
to support the work of TVIDC. The Committee directs FTA to work
with TVIDC to focus on transit’s transition to low and no emission
bus fleets. In that role, TVIDC should establish workforce develop-
ment plans to support the new technologies, develop plans to ex-
pand transit bus testing to include automated vehicle technologies,
cybersecurity testing, and component testing, establish procedures
to efficiently and fairly divide testing responsibilities amongst the
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three FTA bus testing centers, establish testing protocols and prior-
ities while also making recommendations about how to best dis-
seminate results, establish FTA’s research priorities to support the
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80
transition to zero emission fleets, including automation and fueling
technologies, and continue to work with transit and power utilities
to establish standards for bus fleet fueling.
Bus and bus facilities.—The Committee supports the FAST Act’s
inclusion of competitive grants in the buses and bus facilities grant
program and encourages FTA to follow the guidance set forth in
the FAST Act when developing selection criteria for the program.
Consistent with section 3017 of the FAST Act, the age and condi-
tion of buses, bus fleets, related equipment, and bus-related facili-
ties should be the primary components of selection criteria. The
amounts provided under this heading are in addition to the
amounts provided under ‘‘Transit Formula Grants’’.
Green space surrounding bus terminals.—The Committee finds
that urban trees, vegetation, and other natural elements provide
opportunities to mitigate transportation pollution, improve air
quality, control storm water runoff, and reduce energy use while
also serving as a welcoming component for passengers entering or
exiting a bus transportation hub. As a result, the Committee in-
cludes language that clarifies that such projects are eligible for a
grant under the bus and bus facilities program.
TECHNICAL ASSISTANCE AND TRAINING
Appropriation, fiscal year 2020 ......................................................... $5,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 7,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +2,000,000
Budget request, fiscal year 2021 ................................................ +7,000,000
The FAST Act authorizes FTA to provide technical assistance
under section 5314 of title 49, United States Code, for human re-
source and training activities, and workforce development pro-
grams.
COMMITTEE RECOMMENDATION
The Committee recommends $7,000,000 for technical assistance
and training authorized under section 5314(a)(2) of title 49, United
States Code. In addition to the amounts provided under this head-
ing for activities under section 5314 of title 49, United States Code,
an additional $9,000,000 is provided through the obligation limita-
tion under the heading ‘‘Transit Formula Grants’’.
Workforce development and standards based training.—The Com-
mittee directs that not less than $2,500,000 shall be for a coopera-
tive agreement through which the Federal Transit Administration
assists transit recipients with frontline workforce development and
standards based training in maintenance and operations. The coop-
erative agreement should be with a national nonprofit organization
with a demonstrated capacity to develop and provide such pro-
grams though labor management partnerships and apprentice-
ships.
Mobility for people with disabilities and older adults.—Of the
total amounts made available for activities under section 5314 of
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title 49, United States Code, the Committee directs the Depart-
ment to continue to fund agreements that support mobility for peo-
ple with disabilities and older adults at an level commensurate
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with the amounts dedicated to such agreements in each year since
2018.
Bus Exportable Power Systems (BEPS).—The Committee notes
that communities and states are in need of more resilient and flexi-
ble options for generating power immediately after natural disas-
ters. The BEPS technologies developed under previous FTA grants
for research may have the ability to address this type of challenge
by transforming hybrid buses into mobile power generators. The
Committee directs FTA, with industry stakeholders and technical
partners, to develop national standards for interoperability so that
systems can use the same technology base and applications. The
Committee recommendation includes not less than $1,000,000 for
the development of such standards.
National Center for Applied Transit Technology (N–CATT).—The
Committee directs that funds made available under this heading
continue to support the N–CATT. The N–CATT delivers expert, fo-
cused technical assistance to transit agencies and organizations in
rural areas and small cities to use or develop transit technologies
and innovations that make services more cost-effective and effi-
cient.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2020 ......................................................... $1,978,000,000
Budget request, fiscal year 2021 ....................................................... 1,888,690,000
Recommended in the bill ................................................................... 2,175,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +197,000,000
Budget request, fiscal year 2021 ................................................ +286,310,000
Grants for capital investment to rail or other fixed guideway
transit systems are awarded to public bodies and agencies includ-
ing 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 $2,175,000,000 for Capital Invest-
ment Grants. The following table provides funding levels for activi-
ties within this account:
Request Recommendation
New Starts ................................................................................................................... ––– $1,250,000,000
Core Capacity .............................................................................................................. ––– 525,000,000
Small Starts ................................................................................................................. ––– 300,000,000
Expedited Project Delivery ........................................................................................... ––– 100,000,000
Total .................................................................................................................... $1,888,690,000 2,175,000,000
While the Committee believes that FTA is making progress on
carrying out the program in accordance with the will of Congress,
the Committee remains concerned about the execution of the Cap-
ital Investment Grant program. The Committee notes with dismay
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that important projects nationwide continue to experience difficul-
ties in progressing through the FFGA process. The Committee di-
rects FTA to continue to update the House and Senate Committees
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on Appropriations on the status of projects that are in the current
Capital Investment Grant funding pipeline.
The Committee directs FTA to continue to administer the pro-
gram under current guidance and to proactively work with appli-
cants and grantees to facilitate projects moving through the Capital
Investment Grant pipeline and towards a FFGA. FTA is directed
to evaluate, rate, and recommend projects for funding, and subse-
quently award grants to projects that meet the statutory require-
ments of 49 U.S.C. 5309. The Committee encourages FTA to fully
consider Small Starts projects that would include stations that
serve one or more Opportunity Zones, as defined in Public-Law
115–97. The Committee further directs that FTA may provide
funding for projects without a FFGA. Funding is provided for
projects that currently have executed grant agreements, and for
projects that have met the statutory requirements of 49 U.S.C.
5309 and that are anticipating grant agreements in 2021.
The Committee directs FTA to enter into FFGAs in which the
Capital Investment Grant contribution is not less than 40 percent
of the net project cost, except at the direct request of the project
sponsor. The Committee also directs the Secretary to provide notice
to the House and Senate Committees on Appropriations not less
than 90 days prior to altering or rescinding any rule, circular or
guidance relating to the evaluation, rating, and approval process
pursuant to 49 U.S.C. 5309.
The Committee directs the Secretary to submit the fiscal year
2022 annual report on funding recommendations as required by 49
U.S.C. 5309, to maintain the Federal funding commitments for all
existing grant agreements, and to identify all projects with a me-
dium or higher rating that anticipate requesting a grant agreement
in fiscal year 2022. As part of the fiscal year 2022 budget request,
the Committee directs the Secretary to submit a list of projects to
which it expects to award an FFGA during the budget year.
Coronavirus pandemic.—The Committee recognizes that projects
in the Capital Investment Grant pipeline may be experiencing sig-
nificant uncertainty both with financing plans and project timelines
due to the effects of the coronavirus pandemic. The Committee
notes that projects currently under construction and in the Engi-
neering phase are facing significantly different economic cir-
cumstances than when the project sponsor, along with FTA, deter-
mined the maximum Federal share of project costs. The Committee
directs FTA to work with sponsors who have projects in the Engi-
neering phase that may need additional Federal contributions to
revise upward the Federal share of the project costs and to provide
technical assistance, as necessary, to all projects as project spon-
sors look to revise financial plans or project timelines as a result
of the coronavirus pandemic. The Committee further directs FTA
to consider all possible flexibilities for projects that currently have
an FFGA including deferred local share or increasing the Federal
share for such projects.
Expedited Project Delivery (EPD) grant program.—The Com-
mittee is concerned about the pace of the FTA’s efforts relating to
the EPD pilot program and encourages FTA to issue further guid-
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ance on the implementation and continued management of the pro-
gram. The Committee encourages the Department to finalize this
guidance document within 120 days of enactment of this Act.
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GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
Appropriation, fiscal year 2020 ......................................................... $150,000,000
Budget request, fiscal year 2021 ....................................................... 150,000,000
Recommended in the bill ................................................................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ –––
This program provides grants to the Washington Metropolitan
Area Transit Authority (WMATA) for capital investment and asset
rehabilitation activities as authorized by the Passenger Rail Invest-
ment and Improvement Act (PRIIA) of 2008 (P.L. 110–432). These
funds, along with funds provided under FTA’s core formula pro-
grams, will help return the existing system to a state of good repair
and improve the safety and reliability of service. Federal funds pro-
vided under this account are matched dollar-for-dollar by Virginia,
Maryland, and the District of Columbia in equal proportions.
COMMITTEE RECOMMENDATION
The Committee provides $150,000,000 for WMATA for critical
capital and safety improvements. PRIIA created a successful Fed-
eral-State partnership under which the three WMATA jurisdictions
collectively match this funding with another $150,000,000 each
year. This funding will maintain the Federal government’s commit-
ment to a safe and reliable public transportation system for the
National Capital Region.
Cybersecurity.—The Committee remains concerned that as sys-
tems for controlling various modes of transportation become more
complex, the security of transportation could be compromised. As
a result, the Committee again includes direction that WMATA
work with the Secretary of Transportation and the Cybersecurity
and Infrastructure Security Agency within the Department of
Homeland Security to ensure that the agency is complying with
best practices for the procurement of Industrial Control Systems.
The Committee directs WMATA to include analysis of Internet of
Things (IoT) and unknown and unauthorized devices in its cyberse-
curity plan.
Safety improvements.—The Committee notes that the Federal
Transit Administration served as the safety oversight body for
WMATA before the agency certified that the Washington Metrorail
Safety Commission as the State Safety Oversight (SSO) body re-
sponsible for ensuring the safety of the Metrorail system. As a re-
sult, the FTA has direct experience with safety oversight. The Com-
mittee encourages the FTA to analyze the safety improvements
achieved during and after their oversight and issue a report that
includes best practices for transit agencies and SSOs.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RECISSIONS)
Section 160 exempts previously made transit obligations from
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limitations on obligations.
Section 161 allows funds appropriated for Capital Investment
Grants and bus and bus facilities not obligated by September 30,
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2024, 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 the enforcement of the Rostenkowski Test.
Section 164 allows certain recipients of Low and No Emission
Bus Grants to continue to partner with non-profits and companies
as part of their grant applications.
Section 165 prohibits the use of funds to impede or hinder project
advancement or approval for any project seeking a Federal con-
tribution from the Capital Investment Grants program of greater
than 40 percent of project costs.
Section 166 prohibits the use of funds to implement the June 29,
2018 ‘‘Dear Colleague’’ letter distributed by the Federal Transit Ad-
ministration to Capital Investment Grant program project spon-
sors.
Section 167 prohibits the use of funds by the Department of
Transportation to implement policies that require a project to re-
ceive a medium or higher project rating within the Capital Invest-
ment Grants program before taking actions to finalize an environ-
mental impact statement.
Section 168 rescinds unobligated amounts made available in
prior fiscal years from the formula grants account.
Section 169 rescinds unobligated amounts made available in
prior fiscal years from the job access and reverse commute account.
Section 169A rescinds unobligated amounts made available in
prior fiscal years from the research, training, and human resources
account.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2020 ......................................................... $38,000,000
Budget request, fiscal year 2021 ....................................................... 30,700,000
Recommended in the bill ................................................................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +2,000,000
Budget request, fiscal year 2021 ................................................ +9,300,000
The Great Lakes Saint Lawrence Seaway System, located be-
tween Montreal and Lake Erie, is a binational, 15-lock system
jointly operated by the U.S. Saint Lawrence Seaway Development
Corporation (SLSDC) and its Canadian counterpart, the Canadian
St. Lawrence Seaway Management Corporation. The SLSDC was
established by the St. Lawrence Seaway Act of 1954, is a wholly
owned government corporation, and an operating administration of
the Department of Transportation. The SLSDC is charged with op-
erating and maintaining the U.S. portion of the St. Lawrence Sea-
way, which includes the 2 U.S. locks in Massena, New York, vessel
traffic control in portions of the St. Lawrence River and Lake On-
tario, and trade development functions to enhance the utilization
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of the St. Lawrence Seaway. The Water Resources Development
Act of 1986 (P.L. 99–662) authorized the Harbor Maintenance
Trust Fund as a source of appropriations for the SLSDC operations
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85
and maintenance. Additionally, the SLSDC generates non-Federal
revenues which can be used for operations and maintenance.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $40,000,000 to fund
the operations, maintenance, and capital infrastructure activities of
the SLSDC. Of the total funds provided, not less than $15,800,000
is for the seaway infrastructure program.
Market development and promotion.—The Committee provides
$4,000,000 for market development and promotion of the Great
Lakes St. Lawrence Seaway navigation system, to be carried out in
cooperation with system stakeholders. These resources may be used
to enhance and expand existing marketing efforts, conduct market
research, support marketing initiatives and trade promotion with
the goal of growing the volume of waterborne commerce and pas-
senger cruise activity on the system, or update signage for the
SLSDC. The Committee directs the SLSDC to provide a strategic
plan for the use of this funding to the House and Senate Commit-
tees on Appropriations no later than 120 days after enactment of
this Act. The strategic plan should include details on market devel-
opment and trade promotion, engagement and coordination with
system stakeholders, how the SLSDC utilized or plans to use the
$2,000,000 provided for trade and economic development activities
in the Further Consolidated Appropriations Act, 2020 (P.L. 116–
94), activities initiated with fiscal year 2020 funding which could
be continued with fiscal year 2021 funding, and potential proposals
for additional market development and trade promotion activities
in future fiscal years.
MARITIME ADMINISTRATION
The Maritime Administration (MARAD) is responsible for
strengthening the U.S. maritime industry in support of the Na-
tion’s security and economic needs, as authorized by the Merchant
Marine Act of 1936 (P.L. 74–835). MARAD’s mission is to promote
the development and maintenance of a U.S. merchant marine suffi-
cient to carry the Nation’s waterborne domestic commerce and a
substantial portion of its waterborne foreign commerce, and to
serve as a naval and military auxiliary in time of war or national
emergency.
MARAD, working with the Department of Defense (DOD), pro-
vides a seamless, time-phased transition from peacetime to war-
time operations, while balancing the defense and commercial ele-
ments of the maritime transportation system. MARAD also man-
ages the maritime security program, the voluntary intermodal sea-
lift agreement program, and the Ready Reserve Force, which
assures DOD access to commercial and strategic sealift and associ-
ated intermodal capability. Further, MARAD’s education and train-
ing programs through the U.S. Merchant Marine Academy
(USMMA) and 6 state maritime academies help develop skilled
U.S. merchant marine officers.
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MARITIME SECURITY PROGRAM
Appropriation, fiscal year 2020 ......................................................... $300,000,000
Budget request, fiscal year 2021 ....................................................... 314,007,780
Recommended in the bill ................................................................... 314,007,780
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +14,007,780
Budget request, fiscal year 2021 ................................................ –––
The maritime security program (MSP) is authorized by chapter
531 of title 46, United States Code, to maintain and preserve a
U.S. flag merchant fleet to serve the national security needs of the
United States. MSP provides direct payments to U.S. flagship oper-
ators engaged in U.S.-foreign trade. Participating operators are re-
quired to keep the vessels in active commercial service and are re-
quired to provide intermodal sealift support to the DOD in times
of war or national emergency.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $314,007,780 for the
maritime security program, consistent with the authorized funding
level.
The Committee rejects the proposal in the budget request to re-
scind $20,553,780 in unobligated balances from MSP. Instead sec-
tion 171 of this Act requires MARAD to use unobligated balances
from MSP to provide an additional $500,000 in fiscal year 2021 for
each vessel covered by an operating agreement as of the date of en-
actment of this Act.
CABLE SECURITY FLEET PROGRAM
Appropriation, fiscal year 2020 ......................................................... –––
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... $10,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,000,000
Budget request, fiscal year 2021 ................................................ +10,000,000
Section 3521 of the National Defense Authorization Act for Fiscal
Year 2020 (P.L. 116–92) authorized the establishment of the cable
security fleet program. The purpose of the cable security fleet pro-
gram is to establish and maintain a fleet of United States-docu-
mented cable vessels to meet the national security requirements of
the United States. The cable security fleet program will provide di-
rect payments to U.S. flagship operators and participating opera-
tors are in turn required to operate in commercial service providing
cable services and to make the vessel available upon the request
of the DOD.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $10,000,000 for the
cable security fleet program, consistent with the authorized fund-
ing level.
The Committee directs MARAD to brief the House and Senate
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Committees on Appropriations no later than 90 days after enact-
ment of this Act on its efforts to establish the cable security fleet
program.
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OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $152,589,000
Budget request, fiscal year 2021 ....................................................... 137,797,000
Recommended in the bill ................................................................... 161,417,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +8,828,000
Budget request, fiscal year 2021 ................................................ +23,620,000
The operations and training account provides funding for head-
quarters and field offices to administer and direct MARAD oper-
ations and programs and for the operation of the USMMA.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $161,417,000 for
MARAD operations and training expenses. The following table pro-
vides funding levels for activities within this account.
Request Recommendation
USMMA operations ....................................................................................................... $76,444,000 $82,289,000
USMMA facilities maintenance and repair, equipment .............................................. 5,500,000 5,500,000
Maritime environmental and technical assistance program ...................................... ––– 3,000,000
Short sea transportation program (America’s marine highways) .............................. ––– 14,775,000
MARAD headquarters operations ................................................................................. 55,853,000 55,853,000
Total .................................................................................................................... 137,797,000 161,417,000
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $3,134,000 for the oper-
ations and training account, of which $1,000,000 was for USMMA
operations, to prevent, prepare for, and respond to coronavirus.
MARAD reorganization.—The budget request proposes a reorga-
nization within the MARAD headquarters operations program ac-
tivity. Specifically, MARAD is seeking to establish 2 new offices—
the Office of Policy and Strategic Engagement and the Office of
Maritime Industry—and in turn to eliminate 2 existing offices—the
Office of Environment and Compliance and the Office of Business
and Finance Development. While this reorganization would not re-
sult in a reduction in full-time positions or full-time equivalents,
the budget request does not provide sufficient information for the
Committee to approve this reorganization. The Committee directs
MARAD to request approval from the House and Senate Commit-
tees on Appropriations through the process outlined in section 405
of this Act if it wishes to move forward with this reorganization.
MARAD staffing.—The Committee continues to require MARAD
to submit to the House and Senate Committees on Appropriations
information on the number of vacancies at MARAD headquarters
and regional offices, and the duties associated with each vacancy
concurrent with the fiscal year 2022 budget justification.
Sexual assault and sexual harassment at USMMA.—While the
Committee appreciates the USMMA’s efforts to establish and staff
the Sexual Assault/Sexual Harassment Prevention and Response
Office, the USMMA has struggled to retain staff within this 4-per-
son office. The Committee is concerned that staff turn-over and
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prolonged vacancies can result in challenges with developing rela-
tionships and trust with midshipmen and USMMA staff, imple-
menting policies and training, and achieving the goal of reducing
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sexual assault and sexual harassment at the USMMA. The Com-
mittee directs the USMMA to fully staff the Sexual Assault/Sexual
Harassment Prevention and Response Office and to increase its ef-
forts to retain staff to ensure the office is a reliable and sustainable
resource for midshipmen.
The Further Consolidated Appropriations Act, 2020 (P.L. 116–94)
directs the Secretary to seek concurrent criminal jurisdiction over
the USMMA campus, as authorized in section 3506 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(P.L. 115–232). This would allow local law enforcement to pros-
ecute sexual assault incidents that occur on campus. The Com-
mittee understands that MARAD is taking steps to comply with
this direction, including engaging with local authorities and coordi-
nating with other Federal agencies, and plans to engage the
USMMA community. The Committee directs MARAD to expedi-
tiously work toward achieving campus-wide concurrent criminal ju-
risdiction and to brief the House and Senate Committees on Appro-
priations on its progress on a quarterly basis until the Department
files a notice of jurisdictional relinquishment with the State of New
York.
The USMMA is required to conduct a survey on sexual harass-
ment and sexual assault every other year. The most recent Service
Academy Gender Relations Survey was conducted with mid-
shipmen in 2018 for the 2017–2018 Academic Year. While the Pre-
liminary 2017–2018 Academic Year Biennial Survey and Report on
Sexual Harassment and Sexual Assault at the United States Mer-
chant Marine Academy was transmitted to the Congress on March
22, 2019, it did not include the results from the survey sessions
held in November 2018. Further, the Committee notes with dis-
appointment that MARAD failed to transmit the report to the
House and Senate Committees on Appropriations by April 18, 2020
as required by P.L. 116–94. The next survey is scheduled to be con-
ducted in 2020 for the 2019–2020 Academic Year. The Committee
directs MARAD to work with the USMMA to ensure the prelimi-
nary and final report for the 2019–2020 Academic Year are com-
pleted in a timely manner as these surveys and accompanying
analysis are important tools in determining the effectiveness of the
policies, training, and procedures the USMMA has put into place
to address sexual harassment and sexual assault and improving
the culture at the USMMA.
Shipyards.—Due to the lack of available private shipyard facili-
ties and the extended time to relocate vessels and assets, there is
a backlog of maintenance, repair, and modernization projects which
may impair maritime commerce and national security. To avoid
displacement, costs, and impacts on East Coast and West Coast
based vessels and personnel, the Committee encourages MARAD to
continue utilizing privately owned shipyards for National Defense
Reserve Fleet and Ready Reserve Force maintenance, repair, and
modernization. The Committee also encourages MARAD to compile
a list of available shipyards and to share such a list with other gov-
ernment partners.
Economic development at public ports.—In addition to supporting
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the movement of freight by water, rail, and road, public ports are
increasingly involved in economic development activities. Public
port property supports mixed-use commercial development, public
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marketplaces, docking for river or sea cruise ships and water taxis,
cultural and environmental development, and more. The Com-
mittee notes that there are limited Federal grant programs that
support these types of activities. The Committee directs the Gov-
ernment Accountability Office to report to the House and Senate
Committees on Appropriations no later than 18 months after enact-
ment of this Act on public ports ability to contribute to economic
development beyond freight and industrial manufacturing, and
identify gaps in Federal grant programs to assist public ports in
America’s marine highway program. The report should assess the
availability of Federal assistance to public ports, including through
grants awarded by the Department through the port infrastructure
development program and the national infrastructure investments
program, and the process by which the Department reviews grant
applications and awards funding. It should also assess the extent
to which grants have been awarded for maritime dock rehabilita-
tion, replacement, or retrofitting projects that support economic de-
velopment projects at public ports.
Domestic maritime centers of excellence (DMCOEs).—Section
3507 of the National Defense Authorization Act for Fiscal Year
2018 (P.L. 115–91) authorized the Department to designate com-
munity and technical colleges or maritime training centers as
DMCOEs and to enter into cooperative agreements with DMCOEs
to support maritime workforce training and education. To help ad-
dress the shortage in qualified U.S. maritime workers, MARAD
may use up to $2,000,000 of the funding provided to MARAD head-
quarters operations to assist DMCOEs in expanding their capacity
to provide maritime and marine technology workforce training.
STATE MARITIME ACADEMY OPERATIONS
Appropriation, fiscal year 2020 ......................................................... $342,280,000
Budget request, fiscal year 2021 ....................................................... 337,700,000
Recommended in the bill ................................................................... 431,700,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +89,420,00
Budget request, fiscal year 2021 ................................................ +94,000,000
The state maritime academy (SMA) operations account provides
financial assistance to 6 state maritime academies.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $431,700,000 for state
maritime academy operations. The following table provides funding
levels for activities within this account.
Request Recommendation
Schoolship maintenance and repair ........................................................................... $30,500,000 $30,500,000
[Training vessel sharing ..................................................................................... ––– 8,000,000]
National security multi-mission vessel program ........................................................ 300,000,000 389,000,000
Student incentive program .......................................................................................... 2,400,000 2,400,000
Fuel assistance payments ........................................................................................... 1,800,000 3,800,000
Direct payments for SMAs ........................................................................................... 3,000,000 6,000,000
Total .................................................................................................................... 337,700,000 431,700,000
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In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $1,000,000 for the state
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maritime academy operations account for direct payments for
SMAs to prevent, prepare for, and respond to coronavirus.
National security multi-mission vessel (NSMV).—The NSMV will
serve as a critical educational and training platform for the next
generation of mariners, replacing 5 aging SMA training vessels
while supporting Federal response capabilities for humanitarian
assistance and disaster relief. In May 2019, MARAD selected a ves-
sel construction manager to use commercial practices to contract
with a single shipyard to construct up to 5 NSMVs according to
MARAD specified designs, conduct oversight and management of
vessel construction, and deliver the vessels to MARAD. In April
2020, the vessel construction manager selected a shipyard to con-
struct up to 5 vessels, with the first vessel scheduled to be deliv-
ered in March 2023. Based on MARAD’s acquisition strategy, the
expected cost per vessel was to be $300,000,000. Despite MARAD’s
efforts to develop a cost-effective program utilizing a single vessel
design, series construction, commercial practices, and a commercial
shipyard, the Committee understands the average per vessel con-
struction cost is 4.5 percent higher than MARAD’s cost estimate.
With $900,000,000 appropriated in fiscal years 2018, 2019, and
2020 for the first 3 vessels, the Committee understands approxi-
mately $704,400,000 must now be appropriated over fiscal years
2021 and 2022 to fully fund the third, fourth, and fifth vessels.
Therefore, the Committee recommendation provides $389,000,000
for the NSMV program to fully fund the third and fourth vessels
and the Committee remains committed to fully funding the fifth
vessel. The Committee directs MARAD to conduct vigorous over-
sight over the vessel construction manager to prevent any further
cost escalations and delays in vessel delivery. Further, the Com-
mittee directs MARAD to provide briefings to the House and Sen-
ate Committees on Appropriations on the construction of the
NSMVs on a quarterly basis.
ASSISTANCE TO SMALL SHIPYARDS
Appropriation, fiscal year 2020 ......................................................... $20,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +20,000,000
As authorized under section 54101 of title 46, United States
Code, the assistance to small shipyards program provides grants,
loans, and loan guarantees to small shipyards for capital improve-
ments and training programs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $20,000,000 for the as-
sistance to small shipyards program.
SHIP DISPOSAL
Appropriation, fiscal year 2020 ......................................................... $5,000,000
Budget request, fiscal year 2021 ....................................................... 4,200,000
Recommended in the bill ................................................................... 5,000,000
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Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +800,000
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MARAD serves as the Federal government’s disposal agent for
government-owned merchant vessels weighing 1,500 gross tons or
more. The ship disposal program provides resources to dispose of
obsolete merchant-type vessels in the National Defense Reserve
Fleet. These vessels pose a significant environmental threat due to
the presence of hazardous substances such as asbestos and solid
and liquid polychlorinated biphenyls.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $5,000,000 for ship dis-
posal activities. This funding level provides $3,000,000 to maintain
the NS Savannah in protective storage in accordance with the Nu-
clear Regulatory Commission’s license requirements while it is
being disposed.
The Committee rejects the proposal in the budget request to re-
scind $6,803,172 in unobligated balances from the ship disposal
program.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $3,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +3,000,000
The maritime guaranteed loan program, as established by Title
XI of the Merchant Marine Act of 1936 (P.L. 74–835), provides for
guaranteed loans for the construction, reconstruction, or recondi-
tioning of vessels by the U.S. shipbuilding industry and for mod-
ernization of U.S. shipyards.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $3,000,000 for the ad-
ministrative expenses of the maritime guaranteed loan program.
The Committee opposes the proposal in the budget request to
eliminate the maritime guaranteed loan program and transfer ex-
isting loans for administration to the National Surface Transpor-
tation and Innovative Finance Bureau within the Office of the Sec-
retary. Further, the Committee rejects the proposal in the budget
request to rescind $27,900,000 in unobligated balances from the
maritime guaranteed loan program.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
Appropriation, fiscal year 2020 ......................................................... $225,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +75,000,000
Budget request, fiscal year 2021 ................................................ +300,000,000
The port infrastructure development program is authorized by
section 50302(c) of title 46, United States Code, to improve port fa-
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cilities and the transportation networks and flows of cargo in,
around, and through ports. Port authorities, States and local gov-
ernments, tribal governments, publicly chartered entities, and spe-
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cial purpose districts with a transportation function are eligible to
apply for this competitive grant program.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $300,000,000 for the
port infrastructure development program.
The Committee directs MARAD to follow the eligibility require-
ments enumerated in this Act.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and services
and to make necessary repairs in connection with any lease, con-
tract, or occupancy involving government property under control of
MARAD and allows payments received to be credited to the Treas-
ury and to remain available until expended.
Section 171 requires MARAD to use prior year unobligated bal-
ances from the maritime security program to provide an additional
$500,000 in fiscal year 2021 for each vessel covered by an operating
agreement as of the date of enactment of this Act and to make such
payments no later than 60 days after enactment of this Act.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
The Pipeline and Hazardous Materials Safety Administration
(PHMSA) administers nationwide safety programs designed to pro-
tect the public and the environment from risks inherent in the
commercial transportation of hazardous materials by pipeline, air,
rail, vessel, and highway. Many of these materials are essential to
the national economy. PHMSA’s highest priority is safety, and it
uses safety management principles and security assessments to
promote the safe transport of hazardous materials and the security
of the Nation’s pipelines, underground natural gas storage facili-
ties, and liquefied natural gas (LNG) facilities.
OPERATIONAL EXPENSES
Appropriation, fiscal year 2020 ......................................................... $24,215,000
Budget request, fiscal year 2021 ....................................................... 24,215,000
Recommended in the bill ................................................................... 25,715,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +1,500,000
Budget request, fiscal year 2021 ................................................ +1,500,000
This appropriation finances the operational support costs for
PHMSA, including the agency-wide functions of administration,
management, policy development, legal counsel, budget, financial
management, civil rights, human resources, acquisition services, in-
formation technology, and governmental and public affairs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $25,715,000 for
PHMSA operational expenses, of which $1,500,000 shall be for the
pipeline safety information grants to communities program.
Pipeline safety rulemaking.—Congress required PHMSA to estab-
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lish regulations on the use of automatic and remote-controlled
shut-off valves on transmission pipeline facilities and hazardous
liquid pipeline facilities leak detection systems in the Pipeline Safe-
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ty, Regulatory Certainty, and Job Creation Act of 2011 (P.L. 112–
90). The Committee commends PHMSA for issuing a notice of pro-
posed rulemaking (NPRM) on Pipeline Safety: Valve Installation
and Minimum Rupture Detection Standards on February 6, 2020
to address these overdue Congressional mandates. While the pro-
posed rule is intended to address P.L. 112–90 and recommenda-
tions from the National Transportation Safety Board (NTSB), the
Committee notes that the NTSB submitted comments on the
NPRM indicating that the proposed actions will not satisfy safety
recommendations P–11–9, P–11–10, and P–11–11. The Committee
directs PHMSA to thoroughly review and consider all comments re-
ceived in response to the NPRM and to issue a final rule no later
than December 20, 2020 as required by the Further Consolidated
Appropriations Act, 2020 (P.L. 116–94).
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2020 ......................................................... $61,000,000
Budget request, fiscal year 2021 ....................................................... 60,700,000
Recommended in the bill ................................................................... 62,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +1,000,000
Budget request, fiscal year 2021 ................................................ +1,300,000
The hazardous materials safety program advances the safe and
secure transport of hazardous materials (hazmat) in commerce by
air, truck, rail, and vessel. PHMSA evaluates hazmat safety risks,
develops and enforces regulations for transporting hazmat, edu-
cates shippers and carriers, investigates hazmat incidents and fail-
ures, conducts research, and provides grants to improve emergency
response to transportation incidents involving hazmat.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $62,000,000 for the
hazardous materials safety program. This funding level supports
PHMSA’s existing hazardous materials safety program, including
the safe transportation of energy products, and provides $1,000,000
for the community safety grant program.
LNG by rail.—The Committee remains concerned that the trans-
portation of LNG by rail poses new and different risks to the pub-
lic, environment, and property. The Committee is aware of several
research and development projects PHMSA and the Federal Rail-
road Administration (FRA) are actively pursuing relating to the
transportation of LNG in rail tank cars or the use of LNG as a fuel
for locomotives. These activities are expected to continue through
December 2021 and additional research projects are planned for fis-
cal years 2020 and 2021.
In addition, PHMSA entered into an agreement in April 2020
with the National Academies of Sciences, Engineering, and Medi-
cine to conduct an independent study through the Transportation
Research Board (TRB) on the transportation of LNG in rail tank
cars as required by P.L. 116–94. The Committee understands the
TRB will conduct this study in two phases. In Phase 1 the TRB will
review ongoing and planned research, testing, and data analysis by
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PHMSA and FRA relating to the transportation of LNG in rail
tank cars. In Phase 2 the TRB will gather and analyze information
relating to the transportation of LNG in rail tank cars, including
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94
information on methods used to transport LNG by other modes,
train operational controls, and emergency response planning.
The Committee is profoundly disappointed that the Department
chose to initiate and complete a rulemaking to authorize the bulk
transportation of LNG by rail in DOT–113 rail tank cars without
having all the information in hand, in particular the results of on-
going research projects by PHMSA and FRA and the independent
study by the TRB. The Committee is further concerned that this
rulemaking was completed in record speed, with only 245 days be-
tween issuing the notice of proposed rulemaking and final rule.
This fast-tracked process leads the Committee to believe the De-
partment was more concerned with fulfilling the directives of Exec-
utive Order 13868, than with the safety of the communities living
along potential LNG transportation routes. The Committee con-
tinues to assert that the ongoing research projects and the TRB
study should have informed the Department’s decision-making and
this rulemaking. Therefore, no later than 30 days after the TRB
has completed Phase 1 of the TRB study, the Committee directs
PHMSA to brief the House and Senate Committees on Appropria-
tions on actions the agency plans to take in response to the results
of Phase 1, including any potential changes to the final rule au-
thorizing the bulk transportation of LNG by rail in DOT–113 rail
tank cars. In addition, no later than 30 days after the TRB has
completed Phase 2 of the TRB study, which P.L. 116–94 required
to be completed no later than December 20, 2020, the Committee
directs PHMSA to brief the House and Senate Committees on Ap-
propriations on actions the agency plans to take in response to the
results of Phase 2, including any potential changes to the final rule
authorizing the bulk transportation of LNG by rail in DOT–113 rail
tank cars. Further, the Committee notes that the INVEST in
America Act requires the Department to rescind any special permit
or approval for the transportation of LNG by rail tank cars and
places a stay on any regulation authorizing the transportation of
LNG by rail tank cars until the Department completes a thorough
evaluation of the safety, security, and environmental risks of trans-
porting LNG by rail.
Safe transportation of energy products.—The Committee con-
tinues to closely monitor PHMSA’s efforts to improve the safety of
transporting Class 3 flammable liquids, including crude oil and
ethanol, by rail. The Fixing America’s Surface Transportation
(FAST) Act (P.L. 114–94) established a schedule to phase-out cer-
tain rail tank cars used to transport Class 3 flammable liquids. In
October 2019, the Bureau of Transportation Statistics reported that
34 percent of all tank cars transporting Class 3 flammable liquids
in 2018 met the new safety requirements, which is a 14 percent in-
crease over 2017. The Committee encourages the Department to
work with industry to ensure continued progress on the tank car
phaseout, and if possible, accelerate the phaseout timeline.
The Committee understands that the Department, in partnership
with the Department of Energy, has completed the collaborative re-
search study on the volatility and properties of crude oil from var-
ious locations, including the Bakken Shale in North Dakota, and to
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accurately assess and characterize volatility before transportation.
The Committee directs the Department to brief the House and Sen-
ate Committees on Appropriations no later than 90 days after en-
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actment of this Act on the findings and recommendations of the
Crude Oil Characterization Research Study.
Inland ports of entry.—The Committee directs PHMSA to con-
tinue to work with local governments and their Mexican counter-
parts at international inland ports of entry with a high volume of
hazardous materials crossing the border to reduce the risk associ-
ated with transporting and storing hazardous materials and to en-
hance the capacity of local officials in dealing with the threat of
hazardous materials incidents.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
Underground
Oil Spill Liability Pipeline Safety Natural Gas Total
Trust Fund Fund Storage Facility
Safety Account
Appropriation, fiscal year 2020 ............................. $23,000,000 $137,000,000 $8,000,000 $168,000,000
Budget request, fiscal year 2021 .......................... 22,000,000 131,000,000 10,000,000 163,000,000
Recommended in the bill ...................................... 23,000,000 140,000,000 10,000,000 173,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................... ––– +3,000,000 +2,000,000 +5,000,000
Budget request, fiscal year 2021 ................. +1,000,000 +9,000,000 ––– +10,000,000
PHMSA oversees the safety, security, and environmental protec-
tion of more than 2,750,000 miles of pipelines and 152 LNG facili-
ties through analysis of data, damage prevention, education and
training, development and enforcement of regulations and policies,
research and development, grants for State pipeline safety pro-
grams, and emergency planning and response to accidents. The
pipeline safety program is responsible for a national regulatory pro-
gram to protect the public against the risks to life and property in
the transportation of natural gas, petroleum, and other hazardous
materials by pipeline and the storage of natural gas underground.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $173,000,000 to con-
tinue pipeline safety operations, research and development, and
State grants. Of the total, $23,000,000 is from the Oil Spill Liabil-
ity Trust Fund, $140,000,000 is from the Pipeline Safety Fund, and
$10,000,000 is from the Underground Natural Gas Storage Facility
Safety Account within the Pipeline Safety Fund. The following
table provides funding levels for activities within this account.
Request Recommendation
Research and development ......................................................................................... $15,000,000 $15,000,000
State pipeline safety grants ........................................................................................ 53,000,000 58,000,000
Underground natural gas storage facilities safety grants ......................................... 8,000,000 8,000,000
One-Call State grants ................................................................................................. ––– 1,058,000
State damage prevention grants ................................................................................ ––– 1,500,000
Staffing and hiring plans.—The Committee directs PHMSA to
provide a report to the House and Senate Committees on Appro-
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priations no later than 120 days after enactment of this Act detail-
ing staffing and hiring plans for fiscal year 2021 and information
on the actual turnover and hiring in fiscal year 2020. Based on the
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reports provided to the Committee for fiscal years 2018 and 2019,
the Committee remains concerned with PHMSA’s ability to fill ex-
isting vacancies and retain staff due in part to competition from
the private sector. The Committee supports PHMSA’s proposal in
the budget request to utilize $1,000,000 to recruit and retain quali-
fied pipeline and LNG engineers through incentives such as tuition
assistance and student loan reimbursement.
LNG facilities.—PHMSA is responsible for overseeing the safe
operations of LNG facilities, evaluating the safety of siting LNG fa-
cilities, and conducting safety inspections during LNG facilities
construction. The Committee recognizes that the increased work
associated with LNG facilities requires additional staff. The Com-
mittee supports PHMSA’s efforts to hire 5 inspectors and engineers
to help address the potential risks associated with LNG facilities.
The PIPES Act of 2016 (P.L. 114–183) directed the Department
to review and update minimum safety standards for LNG facilities,
and PHMSA announced its intent to update Part 193 regulations
in 2018. The Committee continues to support PHMSA’s efforts to
update regulations for LNG facilities, and urges PHMSA to conduct
a thorough and methodical rulemaking process on Part 193 to en-
sure the safety of the public and environment. The Committee reit-
erates its direction from fiscal year 2020 and directs PHMSA to
move forward with a notice of proposed rulemaking to update Part
193, provide a minimum of 45 days for public comment, and issue
a final rule upon review and analysis of all comments. Further, the
Committee directs PHMSA not to delay any efforts to complete the
overdue Congressional mandates from P.L. 112–90 as the agency
pursues updating Part 193 regulations.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
Appropriation, fiscal year 2020 ......................................................... $28,318,000
Budget request, fiscal year 2021 ....................................................... 28,318,000
Recommended in the bill ................................................................... 28,318,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ –––
The Hazardous Materials Transportation Uniform Safety Act of
1990 (P.L. 101–615) requires PHMSA to: (1) develop and imple-
ment a reimbursable emergency preparedness grants program; (2)
monitor public sector emergency response training and planning
and provide technical assistance to States, political subdivisions,
and tribal governments; and (3) develop and periodically update a
mandatory training curriculum for emergency responders.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $28,318,000 for the
emergency preparedness grants program.
Energy products training.—The Committee recognizes the impor-
tant role the emergency preparedness grants program plays in
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training local emergency responders, including response activities
related to the transportation of crude oil, ethanol, and other flam-
mable liquids by rail. As PHMSA’s responsibilities for the safe
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97
movement of LNG expands, the Committee directs PHMSA to en-
hance its training curriculum for local emergency responders to ac-
count for LNG facilities and the transportation of LNG in rail tank
cars.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2020 ......................................................... $94,600,000
Budget request, fiscal year 2021 ....................................................... 98,150,000
Recommended in the bill ................................................................... 98,150,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +3,550,000
Budget request, fiscal year 2021 ................................................ –––
The Office of Inspector General (OIG) was established in 1978 to
provide an objective and independent organization that would be
more effective in: (1) preventing and detecting fraud, waste, and
abuse in departmental programs and operations; and (2) providing
a means of keeping the Secretary of Transportation and the Con-
gress fully and currently informed of problems and deficiencies in
the administration of such programs and operations. According to
the authorizing legislation, the Inspector General is to report du-
ally to the Secretary of Transportation and to the Congress.
COMMITTEE RECOMMENDATION
The Committee recommends $98,150,000 for the Office of Inspec-
tor General.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $5,000,000 for the Office
of Inspector General to conduct audits and investigations of
projects and activities carried out by the Department of Transpor-
tation to prevent, prepare for, and respond to coronavirus.
The Committee is aware of the OIG’s increased scrutiny on the
FAA certification process audit and the resources necessary to con-
duct a complete and thorough investigation.
OIG leadership.—On May 15, 2020, the President designated the
Administrator of the Pipeline and Hazardous Materials Safety Ad-
ministration (PHMSA) as the Acting Inspector General of the De-
partment of Transportation while also maintaining the role of
PHMSA Administrator. While the Committee appreciates the steps
taken by the OIG and PHMSA to address potential conflicts of in-
terests relating to audits and investigations involving PHMSA, the
Committee remains concerned with requiring one individual to per-
form two important duties for the Department and the potential for
other conflicts of interests with the Secretary and administrators
of other DOT agencies that could arise while performing both roles.
The Committee notes that the Government Accountability Office
(GAO) published a report on June 8, 2020 entitled ‘‘Inspectors Gen-
eral: Independence Principles and Considerations for Reform’’
(GAO–20–639R) which underscores these concerns. Specifically, the
GAO finds that ‘‘unique independence challenges exist when an
acting IG holds a position as a senior employee or PAS [appointed
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by the President with the advice and consent of the Senate] official
of the agency (outside of the OIG)’’ and ‘‘their existing portfolios of
work and relationships may be more likely to appear to constitute
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threats of bias, familiarity, undue influence, or management par-
ticipation than those of differently situated acting IGs.’’
Despite this unique circumstance, the Committee expects the
OIG to continue to provide the Department and the Congress a
high level of independence and objectivity in carrying out audits
and investigations. The Committee directs the Acting Inspector
General to maintain this independence and, if necessary, to insti-
tute additional recusals and apply safeguards to protect the impor-
tant work and integrity of the OIG. Further, the Committee directs
the Secretary to ensure this dual role will not jeopardize the work
of either the OIG or PHMSA. The Committee reminds the OIG,
PHMSA, and entire DOT workforce that all DOT employees have
the right to disclose wrongdoing within the executive branch of the
Federal government and subsequent protection from retaliation for
such disclosure under section 2302(b)(8) of title 5, United States
Code.
Audit reports.—The Committee directs the OIG to continue for-
warding 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 di-
rected to withhold from public distribution for a period of 15 days
any final audit or investigative report that was requested by the
House or Senate Committees on Appropriations.
GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION
Section 180 provides authorization for DOT to maintain and op-
erate aircraft, hire passenger motor vehicles and aircraft, purchase
liability insurance, buy uniforms, or allowances therefor.
Section 181 limits appropriations for services authorized by sec-
tion 3109 of title 5, United States Code, to the rate permitted for
an Executive Level IV.
Section 182 prohibits recipients of funds in this Act from dissemi-
nating personal information obtained by State DMVs in connection
to motor vehicle records with an exception.
Section 183 prohibits funds in this Act for salaries and expenses
of more than 125 political and Presidential appointees in DOT.
Section 184 stipulates that revenue collected by FHWA and FRA
from States, counties, municipalities, other public authorities, and
private sources for training may be credited to specific accounts
within the agencies with an exception for State rail safety inspec-
tors participating in training.
Section 185 prohibits DOT from using funds to make a loan, loan
guarantee, line of credit, cooperative agreement, or discretionary
grant, unless DOT provides a 3-day advance notice to the House
and Senate Committees on Appropriations. The provision requires
concurrent notice of any ‘‘quick release’’ of funds from FHWA’s
emergency relief program, and prohibits notifications from involv-
ing funds not available for obligation. The provision also requires
DOT to provide a comprehensive list of all loans, loan guarantees,
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lines of credit, cooperative agreements, or discretionary grants that
will be announced with a 3-day advance notice to the House and
Senate Committees on Appropriations.
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Section 186 allows funds received from rebates, refunds, and
similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a third-
party contractor that are lawfully recovered by DOT to be made
available until expended to cover expenses incurred in recovery of
such payments.
Section 188 requires that reprogramming actions have to be ap-
proved or denied by the House and Senate Committees on Appro-
priations, and reprogramming notifications shall be transmitted
solely to the Appropriations Committees.
Section 189 allows funds appropriated to operating administra-
tions to be obligated for the Office of the Secretary for costs related
to assessments only when such funds provide a direct benefit to
that operating administration.
Section 190 authorizes the Secretary to carry out a program that
establishes uniform standards for developing and supporting agen-
cy transit pass and transit benefits, including distribution of tran-
sit benefits.
Section 191 allows the use of funds to assist a contract utilizing
geographic, economic, or other hiring preference not otherwise au-
thorized by law, only if certain requirements are met related to
availability of local labor, displacement of existing employees, and
delays in transportation plans.
Section 192 directs the Secretary of Transportation to work with
the Secretary of Homeland Security to ensure that best practices
for Industrial Control Systems procurement are up to date and that
systems procured with funds provided under this title were pro-
cured using such practices.
Section 193 prohibits de-obligated funds associated with Coopera-
tive Agreement No. FR–HSR–0118–12–01–01 from being made
available for any purpose until the final determination of any liti-
gation concerning such funds.
Section 194 prohibits DOT from using funds in this Act to con-
solidate governmental affairs activities across the Department in
the Office of Governmental Affairs in the Office of the Secretary or
public affairs activities across the Department in the Office of Pub-
lic Affairs in the Office of the Secretary. The provision also pro-
hibits operating administrations from transferring personnel to the
Office of Governmental Affairs in the Office of the Secretary or the
Office of Public Affairs in the Office of the Secretary.
TITLE II—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
MANAGEMENT AND ADMINISTRATION
EXECUTIVE OFFICES
Appropriation, fiscal year 2020 ......................................................... $14,217,000
Budget request, fiscal year 2021 ....................................................... 17,659,000
Recommended in the bill ................................................................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +783,000
Budget request, fiscal year 2021 ................................................ ¥2,659,000
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The Executive Offices (EO) account funds the salaries and ex-
penses for the leadership and executive management offices of the
Department of Housing and Urban Development (HUD). Specifi-
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100
cally, these offices are the Office of the Secretary, including the Ex-
ecutive Secretariat Division, the Office of the Deputy Secretary, the
Office of Congressional and Intergovernmental Relations, the Office
of Public Affairs, the Office of Adjudicatory Services, the Office of
Small and Disadvantaged Business Utilization, and the Center for
Faith Based and Neighborhood Partnerships.
COMMITTEE RECOMMENDATION
Affordable housing organization accreditation.—The Committee
directs the Department to consider a cooperative agreement with a
highly qualified nonprofit entity that has developed affordable
housing standards and is experienced with affordable housing orga-
nizations, including public housing agencies, to develop standards
and protocols for implementing a national accreditation process for
affordable housing organizations. Such entity shall offer voluntary,
fee-based accreditation to affordable housing organizations. Those
accreditation standards should include assessing the organization’s
operations, policies, procedures, practices, communications, and re-
lationships with residents and stakeholders. The Committee directs
the Department to report back to the Committees on Appropria-
tions of the House and Senate not later than 120 days after the
date of enactment of this Act on the feasibility of such an agree-
ment.
Collaboration with the Department of Health and Human Serv-
ices (HHS).—The Committee recognizes that a number of Depart-
ment programs have an impact in improving health outcomes. The
Committee is aware that the Department of Defense and Labor,
Health and Human Services, and Education Appropriations Act,
2019 and Continuing Appropriations Act, 2019 (P.L. 115–245) en-
couraged HHS to devise a strategy on how to construct a decision-
support tool that can contribute to community-participatory health
prevention efforts. The Committee is interested in whether HUD
can collaborate with HHS in such a decision support tool to assess
the value of the Department’s investments. The Committee encour-
ages the Department, not later than 90 days after the date of en-
actment of this Act, to outline plans for collaboration with HHS
and to make a recommendation for how HUD can help support the
development of a local decision support tool.
Director of domestic violence prevention activities.—The Com-
mittee directs the Secretary to establish a Director of Domestic Vio-
lence Prevention Activities position within the Office of the Sec-
retary, and to hire or appoint a person to fill that position, not
later than 60 days after the date of enactment of this Act. The Di-
rector shall coordinate domestic violence prevention activities
throughout the Department, including Department responsibilities
under the Violence Against Women Act and serve as a liaison and
central point of contact for HUD’s work with external stakeholders
involved in domestic violence prevention and advocacy.
Energy codes.—The Committee is concerned the Department has
yet to update minimum energy efficiency standards, as required
under 42 U.S.C. 12709, since the 2009 International Energy Con-
servation Code and American Society of Heating, Refrigerating,
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and Air-Conditioning Engineers Standard 90.1–2007. Further, the
Committee notes the Department of Energy found that more recent
model codes reduce energy use by more than 25 percent and are
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cost effective. The Committee urges the Department to obtain infor-
mation from the housing, energy, energy conservation, and home-
owner sectors, and then assess the feasibility of updating the
standards with respect to the energy efficiency, technological feasi-
bility, economic justification, availability, and affordability factors
for HUD-owned and -subsidized properties.
Equal access to housing.— The Committee is deeply disappointed
that a report regarding lesbian, gay, bisexual, and transgender
(LGBT) access to HUD programs, which was required by H. Rept.
114–129, is more than four years overdue. The Department has
been unresponsive to repeated requests for this report. Thus, the
recommendation requires the Department to issue the report re-
quired by H. Rept. 114–129 detailing (1) the Department’s strategy
for continuing to ensure that LGBT individuals have access to
HUD programs for which they are eligible, to be provided by
HUD’s Office of Fair Housing and Equal Opportunity; and (2) the
plan for disseminating this information to public housing authori-
ties. The Department is directed to provide this report not later
than 30 days after enactment of this Act, and the amount appro-
priated for the Office of the Secretary shall be reduced by $10,000
for each day after that deadline that the report has not been sub-
mitted to the Congress.
Federal Housing Administration (FHA) loans and Deferred Action
for Childhood Arrivals (DACA) recipients.—FHA loans have long
been made to non-U.S. citizens who are lawful permanent or non-
permanent residents of the U.S. under the same terms and condi-
tions that they are available to U.S. citizens. The Secretary and
other Department officials repeatedly told the Committee that this
policy is unchanged, but omitted that the Department’s interpreta-
tion of the policy changed. The Committee is deeply disturbed that
the Secretary and other Department officials may have knowingly
misrepresented information about the implementation and enforce-
ment of this policy on multiple occasions, in testimony and other
communications with the Committee. The Committee directs the
Office of Inspector General to conduct a thorough investigation on
the change of the policy and whether officials made misrepresenta-
tions to Congress. The Committee strongly endorses resuming the
previous interpretation of making FHA loans to DACA recipients.
The Committee adamantly opposes the current interpretation that
denies a path to homeownership for many DACA recipients.
Housing protections for domestic violence survivors.—The Depart-
ment shall, not later than 90 days after the date of enactment of
this Act, provide the Committee with information regarding the im-
plementation status of housing protections for survivors of domestic
violence, dating violence, sexual assault, and stalking as outlined
in 34 U.S.C. 12491, including notification requirements, confiden-
tiality requirements, and emergency transfers. The Department
shall also provide information about the extent to which public
housing agencies and owners have adopted emergency transfer
policies since the publication of the Department’s model emergency
transfer plan, and about the effectiveness of those emergency
transfer policies in allowing survivors to access safe housing.
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Office of Congressional and Intergovernmental Relations (CIR).—
The Committee does not provide any funding to increase the staff-
ing level of the CIR, thereby prohibiting the proposal to realign the
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102
Appropriations Liaison Division from the Office of the Chief Finan-
cial Officer (OCFO) to CIR. The Committee is adamantly opposed
to such a realignment because it would upend the current working
relationship and natural affinity between the Committee and the
OCFO. The Committee insists on direct and unobstructed commu-
nications with the OCFO and bureau budget offices.
Top management challenges.—In 2019, the HUD Office of Inspec-
tor General (OIG) identified eight top management challenges: (1)
HUD’s Human Capital—Fewer Employees, Significant Reliance on
Contracted Services, (2) Ensuring the Availability of Affordable
Housing That Is Decent, Safe, Sanitary, and in Good Repair, (3)
Protecting the Mortgage Insurance Programs, (4) Providing Ade-
quate Monitoring and Oversight of Its Operations and Program
Participants, (5) Administering Disaster Recovery Assistance, (6)
Modernizing Technology and the Management and Oversight of In-
formation Technology, (7) Instituting Sound Financial Manage-
ment, and (8) Ensuring Ethical Conduct. The Committee is trou-
bled to learn that the Department is stymied by basic business fun-
damentals. The OIG went out of its way to identify where progress
is being made, such as information technology, but even that
progress is hampered by challenges elsewhere, such as procure-
ment. Given the related nature of these eight challenges and the
need for sustained executive attention, not later than 30 days after
the date of enactment of this Act, the Committee directs the Sec-
retary to form an executive task force to address these challenges.
The task force shall submit a report to the House and Senate Com-
mittees on Appropriations not later than 120 days after the date
of enactment of this Act on a strategy and action items to address
these eight challenges in the short- and long-term.
ADMINISTRATIVE SUPPORT OFFICES
Appropriation, fiscal year 2020 ......................................................... $563,378,000
Budget request, fiscal year 2021 ....................................................... 578,913,000
Recommended in the bill ................................................................... 600,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +36,622,000
Budget request, fiscal year 2021 ................................................ +21,087,000
The Administrative Support Offices (ASO) appropriation pays for
the staff and activity cost that cannot be attributable to a specific
Department programs. ASO offices provide Department-wide serv-
ices for both the programs and the program staff. Specifically,
these offices are the: Office of the Chief Financial Officer, the Office
of the General Counsel, Office of the Assistant Secretary for Ad-
ministration, the Office of Field Policy and Management, the Office
of Departmental Equal Employment Opportunity, and the Office of
the Chief Information Officer.
COMMITTEE RECOMMENDATION
The Committee recommends the following amounts for each ASO
office.
Administrative Support Offices Request Recommendation
Office of Chief Financial Officer ................................................................................. $70,776,000 $71,576,000
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Office of General Counsel ........................................................................................... 109,044,000 109,044,000
Office of the Assistant Secretary for Administration .................................................. 266,258,000 286,258,000
Office of Field Policy and Management ...................................................................... 65,200,000 65,200,000
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Administrative Support Offices Request Recommendation
Office of the Departmental Equal Employment Opportunity ...................................... 4,435,000 4,535,000
Office of the Chief Information Officer ....................................................................... 63,200,000 63,387,000
Total, ASO ........................................................................................................... 578,913,000 600,000,000
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $35,000,000 for the Ad-
ministrative Support Offices account to prevent, prepare for, and
respond to coronavirus.
Hiring and separation report.—The Committee directs HUD’s Of-
fice of the Chief Financial Officer and Office of the Human Capital
Officer to submit quarterly reports to the House and Senate Com-
mittees on Appropriations on hiring and separations by program of-
fice. This report shall include position, titles, location, associated
full-time equivalent, and include the Office of Inspector General
and the Government National Mortgage Association.
Office of the Chief Financial Officer (OCFO).—The Committee
does not approve the realignment of staff from the OCFO to the Of-
fice of Congressional and Intergovernmental Relations. Therefore,
these staff and a corresponding amount of funding remain in
OCFO. The Committee is adamantly opposed to such a realignment
because it would upend the current working relationship and nat-
ural affinity between the Committee and the OCFO. The Com-
mittee insists on direct and unobstructed communications with the
OCFO and bureau budget offices.
Office space.—The recommendation includes $20,000,000 to sup-
port the efficient utilization of the Robert C. Weaver Federal Build-
ing and to support ‘‘reduce the footprint’’ efforts consistent with
OMB Memorandum M–20–03. The Weaver Building has served
continuously as the Department’s headquarters office space since it
opened in 1968. In 2000, the building was named in honor of the
first HUD Secretary and first African American member of a Presi-
dent’s Cabinet. The building was added to the National Register of
Historic Places in 2008 as an exceptional and significant example
of Brutalist architecture. Unlike most other Federal office build-
ings, the Department and the General Services Administration
(GSA) have entered into a negotiated delegation agreement and
share the cost of operating, maintaining, and improving the Wea-
ver building, while GSA maintains responsibility for capital im-
provements. The current agreement was completed in 2019 and De-
partment is now poised to begin long-term planning and immediate
repairs to the Weaver building. The recommendation also supports
the Department’s efforts to restack or consolidate leased space na-
tionally and strongly encourages the Department to work with GSA
to do so in Federally owned buildings where cost-efficient, inclusive
of move and relocation costs. Not later than 90 days after the en-
actment date of this Act, the Secretary shall submit to the House
and Senate Committees on Appropriations an expenditure plan for
these funds. Any changes to this plan are subject to the reprogram-
ming process described in section 405 of this Act.
Top management challenges.—Based on the eight top manage-
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ment challenges identified in 2019 by the HUD OIG, the Com-
mittee is concerned that the Department’s growing and complex
mission rests on a fragile foundation. Since many of these chal-
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104
lenges fall under the purview of an office within the ASO, the Com-
mittee directs the executives of the ASO to fully participate and
support the executive task force that the Secretary is directed to
form under the heading ‘‘Management and Administration, Execu-
tive Offices’’ to address these eight challenges.
PROGRAM OFFICES
Appropriation, fiscal year 2020 ......................................................... $847,000,000
Budget request, fiscal year 2021 ....................................................... 900,149,000
Recommended in the bill ................................................................... 909,595,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +62,595,000
Budget request, fiscal year 2021 ................................................ +9,446,000
The Program Offices (PO) appropriation pays for the staff cost at-
tributable to specific Department programs, whereas the cost of the
assistance is accounted for in the preceding program accounts, such
as Tenant-based Rental Assistance. Each PO office implements one
or more HUD programs.
• The Office of Public and Indian Housing oversees the ad-
ministration of the Public Housing, Housing Choice Voucher,
and all of HUD’s Native American and Native Hawaiian pro-
grams.
• The Office of Community Planning and Development is re-
sponsible for the administration of Community Development
Block Grants (CDBG), the Home Investment Partnership
(HOME), Homeless Assistance Grants, and other community
development programs.
• The Office of Housing implements Federal Housing Ad-
ministration multi- and single-family homeownership programs
and assisted rental housing programs.
• The Office of Policy Development and Research directs the
Department’s annual research agenda to support the research
and evaluation of housing and other departmental initiatives
to improve HUD’s effectiveness and operational efficiencies.
• The Office of Fair Housing and Equal Opportunity re-
ceives, investigates, conciliates and recommends the issuance
of charges of discrimination and determinations of non-compli-
ance for complaints filed under Title VIII and other civil rights
authorities.
• The Office of Lead Hazard Control and Healthy Homes is
responsible for the Lead-Based Paint Hazard Reduction pro-
gram and addressing multiple housing-related hazards affect-
ing the health of residents, particularly children.
COMMITTEE RECOMMENDATION
The Committee recommends the following amounts for each PO
office.
Program Offices Request Recommendation
Office of Public and Indian Housing .......................................................................... $236,439,000 $245,000,000
Office of Community Planning and Development ....................................................... 129,503,000 138,290,000
Office of Housing ......................................................................................................... 411,878,000 400,000,000
Office of Policy Development and Research ............................................................... 35,443,000 35,443,000
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Office of Fair Housing and Equal Opportunity ........................................................... 77,024,000 81,000,000
Office of Lead Hazard Control and Healthy Homes .................................................... 9,862,000 9,862,000
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Program Offices Request Recommendation
Total .................................................................................................................... 900,149,000 909,595,000
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $15,000,000 for the Pro-
gram Offices account to prevent, prepare for, and respond to
coronavirus.
Public and tribal housing inspections.—The Committee provides
additional resources for public and tribal housing to support ongo-
ing public housing financial and physical assessment activities,
continue work on a new physical inspection process, and implement
the recommendations made in the March 2019 Government Ac-
countability Office (GAO) report ‘‘Real Estate Inspection Center:
HUD Should Improve Physical Inspection Process and Oversight of
Inspectors’’ (GAO–19–254).
Transfers.—The Committee is wholly dissatisfied with the De-
partment’s decision to transfer $2,000,000 in fiscal year 2020 fund-
ing from the salaries and expenses of the Office of Fair Housing
and Equal Opportunity (OFHEO) to the Office of the Chief Finan-
cial Officer (OCFO) for a customer advisory board. While the trans-
fer was technically in accordance with the thresholds in section 218
at the time, the Committee is troubled that with this action the De-
partment has undermined a Congressional priority—ensuring ac-
cess to fair housing—that was the outcome of a conference agree-
ment negotiated between the House and Senate and signed into
law by the President. P.L. 116–94 deliberately provided additional
funds to OFHEO in fiscal year 2020 for the Department to conduct
additional Fair Housing Act enforcement. Consequently, the Com-
mittee has modified section 218 to prohibit all transfers out of
OFHEO, the Office of Lead Hazard Control and Healthy Homes,
and the Office of the Departmental Equal Employment Oppor-
tunity.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The Department of Housing and Urban Development’s Working
Capital Fund (WCF), in its present form, was established by the
Consolidated Appropriations Act, 2016 (P.L. 114–113) to perform a
limited number of commodity-like administrative functions where
economies of scale can be achieved. These functions are limited in
statute to the following: financial management, procurement, trav-
el, relocation, human resources, printing, records management,
space renovation, furniture, supply services, the operational ex-
penses of the WCF, and information technology customer devices
and support.
The Committee does not provide any funding to the WCF. In-
stead, the WCF staff and its activities are funded with transfers
from the Department’s salary and expenses accounts (i.e., Execu-
tive Offices, Administrative Support Offices, Program Offices, and
Government National Mortgage Association).
Prior to exercising discretion to centrally fund an activity, the
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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 ensured adequately trained staff within
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106
each affected office and agency on resource planning and account-
ing processes associated with the centralization of funds to this ac-
count.
Prior to exercising its authority to transfer funds for activities
beyond what is required for shared service agreements, the Com-
mittee directs HUD to establish a clear execution plan for central-
izing the additional activities, and to transmit that plan to the
House and Senate Committees on Appropriations 15 days prior to
transferring such funds into the WCF.
PUBLIC AND INDIAN HOUSING
TENANT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2020 ......................................................... $23,874,050,000
Budget request, fiscal year 2021* ..................................................... 23,346,300,000
Recommended in the bill ................................................................... 25,739,312,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +1,865,262,000
Budget request, fiscal year 2021 ................................................ +2,393,012,000
* Includes the separate Administration request for Moving To Work (MTW) for renewals and administra-
tive fees of $4,172,900,000 and $340,400,000, respectively.
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 ten-
ant-based Section 8 rental assistance program otherwise known as
the Housing Choice Voucher program.
COMMITTEE RECOMMENDATION
The Committee recommends $25,739,312,000 for Tenant-Based
Rental Assistance. Consistent with the budget request, the Com-
mittee continues the advance of $4,000,000,000 of the funds appro-
priated under this heading for Section 8 programs to October 1,
2021. The following table provides funding levels for activities
within this account.
Request Recommendation
Voucher Renewals ....................................................................................................... $21,130,900,000* $22,852,000,000
Administrative Fees .................................................................................................... 1,805,400,000* 2,154,812,000
Veterans Affairs Supportive Housing (VASH) ............................................................. ––– 20,000,000
Tribal HUD–VASH ........................................................................................................ ––– 2,500,000
Tenant Protection Vouchers ........................................................................................ 100,000,000 125,000,000
Family Unification Vouchers ....................................................................................... ––– 25,000,000
811 Mainstream Vouchers .......................................................................................... 310,000,000 310,000,000
Incremental Vouchers for Homelessness .................................................................... ––– 250,000,000
[Survivors of Domestic Violence ........................................................................ ––– 40,000,000]
[Veterans ............................................................................................................ ––– 40,000,000]
Total .......................................................................................................... 23,346,300,000 25,739,312,000
* Includes the separate Administration request for MTW as noted above.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $1,250,000,000 for the
Tenant-Based Rental Assistance account to prevent, prepare for,
and respond to coronavirus.
Voucher renewals.—The Committee provides $22,852,000,000 for
the renewal of tenant-based vouchers. The Committee directs the
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Department to monitor and report to the House and Senate Com-
mittees on Appropriations each quarter on the trends in Section 8
subsidies and to report on the required program alterations due to
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changes in rent or changes in tenant income. The Committee does
not support the Administration’s request to move funding for MTW
public housing agencies into a separate account and, therefore, in-
cludes the renewal and administrative funding within the Tenant-
Based Rental Assistance account.
Incremental Vouchers to Address Homelessness.—The Committee
provides $250,000,000 to reduce homelessness among families with
children and the unsheltered, veterans, and, for the first time, pro-
vides dedicated resources for survivors of domestic violence.
Veterans Affairs Supportive Housing (VASH) and additional re-
sources to address veterans’ homelessness.—To continue the effort to
eliminate homelessness among our Nation’s veterans, the Com-
mittee provides $20,000,000 for new, incremental vouchers dedi-
cated to vulnerable veteran households through the VASH pro-
gram. The Committee estimates that $753,000,000 in voucher re-
newal funding is included in the overall fiscal year 2021 voucher
renewal appropriation and reserves to support approximately
90,000 eligible VASH vouchers funded in prior years. Since 2008,
the Committee has provided more than $795,000,000 in targeted
funding to increase the number of VASH vouchers available to ad-
dress veteran homelessness and billions of dollars have been made
available to renew VASH vouchers over the same period.
The Committee is concerned about the utilization of vouchers in
the VASH program. HUD’s 2019 point in time count indicates that
there were 14,345 unsheltered homeless veterans. At the same
time, there were more than 17,000 unutilized VASH vouchers. Fur-
ther, some individuals are identified as a veteran in the point in
time count, but are ineligible for a VASH voucher. While the VASH
program has made significant strides in reducing veteran home-
lessness, HUD and the Department of Veterans Affairs (VA) must
redouble efforts to improve agency coordination.
In addition to VASH funding, for the first time, the Committee
is providing $40,000,000 of the Incremental Vouchers to Address
Homelessness for new vouchers to veterans with preference given
to public housing authorities (PHAs) that demonstrate a strategy
to coordinate services that these veterans need to become stably
housed. These new vouchers will complement the VASH vouchers.
Between VASH and this new funding, a total of $60,000,000 is pro-
vided to address veteran homelessness, an increase of $20,000,000
over fiscal year 2020. In providing these new vouchers, the Com-
mittee anticipates that HUD can more rapidly house homeless vet-
erans, provide more access to all veterans, provide more available
vouchers in diverse areas, and give the VASH program time to in-
crease case manager staffing and improve VASH voucher utiliza-
tion.
Domestic violence.—The Committee is also dedicating
$40,000,000 of the Incremental Vouchers to Address Homelessness
to address homelessness among survivors of domestic violence, dat-
ing violence, sexual assault, or stalking. This is the first time such
resources have been dedicated for this population.
Vouchers for homeless Native American veterans.—The Com-
mittee provides $2,500,000 for rental assistance and associated ad-
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ministrative costs for the Tribal HUD–VASH program to serve Na-
tive American veterans who are homeless or at risk of homeless-
ness living on or near a reservation, or other Indian areas. This
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108
program was first funded in fiscal year 2015, and because of the
unique nature of the program, a separate renewal line is required.
These resources are in addition to the VASH appropriations.
The Committee recognizes that the rural and remote nature of
many Native communities presents unique barriers to hiring and
retaining qualified professionals who meet the VA standards for
case managers. The Committee encourages HUD to continue work-
ing collaboratively with the VA and Tribal HUD–VASH funding re-
cipients to implement their program. In addition, the Committee
urges HUD to ensure that Tribal HUD–VASH funding recipients
unable to fully implement their program due to challenges hiring
and retaining case managers are not treated inequitably due to
delays, particularly in performance evaluations and when applying
for continued funding.
Tenant Protection vouchers.—The Committee provides
$125,000,000 for Tenant Protection vouchers. The Committee re-
jects proposals included in the budget request to reduce public
housing, but includes this increase to address anticipated closures
of certain public housing properties unrelated to any reductions
proposed by the Administration. In its annual notice of funding
awards for tenant protection vouchers, the Department shall also
include each specific Property ID and name that experienced a trig-
gering event to support each funding award.
Section 811 Mainstream vouchers.—The Committee provides
$310,000,000 for Section 811 tenant-based subsidies. This is
$80,950,000 over the fiscal year 2020 enacted level and sufficient
to renew previously awarded eligible vouchers.
Family Unification Program vouchers.—The Committee provides
$25,000,000 for Family Unification vouchers. This is equal to the
fiscal year 2020 level to provide housing vouchers on demand for
at-risk youth who have ‘‘aged out’’ of foster care.
Homeless veterans on U.S.-Mexico border.—The Committee notes
that there are many homeless veterans living on the U.S.-Mexico
border, many of whom have not historically been counted in the
point in time homeless survey. The Committee directs HUD to take
action to ensure that VASH vouchers are made available to this
unique population. The Committee further directs HUD to build
upon previous work and develop strategies and recommendations
for addressing and reducing veteran homelessness on the U.S.-Mex-
ico border, and to provide a report to the House and Senate Com-
mittees on Appropriations on its efforts not later than 90 days after
enactment of this Act.
Small public housing agencies.—The Committee is aware of con-
fusion regarding the definition of ‘‘rural’’ as applied to small public
housing agencies by HUD in implementing P.L. 115–174. The Com-
mittee directs HUD to provide a report to the relevant congres-
sional committees not later than 120 days after enactment of this
Act clarifying what small public housing agencies qualify as rural
under such law.
Fair market rents.—The Committee is aware of the concerns re-
garding the data used to calculate fair market rents and directs the
Department to work with its authorizing congressional committees
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to develop statutory flexibilities for operating the voucher program
in such a way that vouchers will be usable in rapidly rising rental
markets. The Committee further directs the Department to study
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109
the correlation of rapidly rising rental markets and areas, defined
as high-growth by the latest census data, and to explore strategies
to avoid displacement in these communities.
Facial recognition.—The Committee is concerned about the use of
technology which facilitates or otherwise enables an automated or
semi-automated process to identify an individual based on physical
characteristics, or logs characteristics of an individual’s face, head,
or body in Federally subsidized housing buildings and urges the
Department to take into consideration possible abuse when evalu-
ating the possible use of such technology. The Committee notes the
National Institute of Standards and Technology’s 2019 report,
‘‘Face Recognition Vendor Test (FRVT), Part 3: Demographics’’,
which indicated a wide range in accuracy among face recognition
algorithms and general findings of elevated false-positive identifica-
tion errors among people of color, women, children and the elderly.
Evictions data.—The Committee directs the Department to ex-
plore what it would take to collect, analyze, and make publicly
available data on evictions from all of its Federally-assisted hous-
ing properties, including classes protected under the Fair Housing
Act, and report to the House and Senate Committees on Appropria-
tions on its findings not later than 120 days after enactment of this
Act.
Homeownership assistance.—The Committee directs HUD to re-
port to the House and Senate Committees on Appropriations on the
impediments and/or barriers of using Section 8 Housing Choice
Voucher program funding for the purposes of home purchase assist-
ance such as down payment assistance and closing costs not later
than 120 days after enactment of this Act.
Housing for the reentry population.—The Committee is encour-
aged by the actions that HUD has taken to reduce the barriers that
the reentry population faces in securing housing. Recognizing that
a firm foundation including safe and reliable housing is a critical
part of reducing recidivism, the Committee urges HUD to further
explore other initiatives to reducing barriers.
Mental health care for foster youth.—The Committee recognizes
that foster youth are significantly more likely to suffer from trau-
ma or Post Traumatic Stress Disorder than their peers and, on av-
erage, move once to twice a year. Although children entering foster
care are required to undergo physical health assessments, many
children do not receive a mental health screening. The Committee
strongly recommends that the Department collaborate with the De-
partment of Health and Human Services to identify and support
programs that could promote mental health screenings for foster
youth.
Administration’s ‘‘rent reform’’ proposals.—The Committee again
does not include language implementing any of the Administra-
tion’s ‘‘rent reform’’ proposals and funds accounts accordingly. The
Committee believes these proposals would harm America’s most
vulnerable populations and do nothing to address the issues of pov-
erty they face.
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HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The Housing Certificate Fund, until fiscal year 2005, provided
funding for both the project-based and tenant-based components of
the Section 8 program. Project-Based Rental Assistance and Ten-
ant-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 con-
tracts.
PUBLIC HOUSING CAPITAL FUND
Appropriation, fiscal year 2020 ......................................................... $2,869,894,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 3,180,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +310,106,000
Budget request, fiscal year 2021 ................................................ +3,180,000,000
The Public Housing Capital Fund provides funding for public
housing capital programs, including public housing development
and modernization. Examples of capital modernization projects in-
clude replacing roofs and windows, improving common spaces, up-
grading electrical and plumbing systems, and renovating the inte-
rior of an apartment.
COMMITTEE RECOMMENDATION
The Committee recommends $3,180,000,000 for the Public Hous-
ing Capital Fund. The recommendation does not include the pro-
posals in the budget request to eliminate this account and direct
unobligated balances to the Public Housing Operating Fund, to pro-
vide for competitive grants to demolish public housing, and to cre-
ate a new Moving to Work account. The Committee continues to
support a significant Federal commitment to public housing and re-
jects multiple proposals included in the budget request intended to
facilitate a reduction of the public housing portfolio.
Within the amounts provided, the Committee directs that:
—Up to $23,000,000 is to support the ongoing public housing
financial and physical assessment activities of the Real Estate
Assessment Center, pilot a new physical inspection process,
and implement recommendations made in the March 2019
GAO report (GAO–19–254);
—Up to $1,000,000 is to support the costs of administrative
and judicial receiverships;
—Not to exceed $74,650,000 is for emergency capital needs,
excluding Presidentially-declared disasters. The Committee in-
cludes language in the Act 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
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year 2021, or for certain security measures. Of that amount,
$20,000,000 is for safety and security measures, and
$34,650,000 is for public housing agencies under administra-
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tive and judicial receiverships or under the control of a Federal
monitor;
—$25,000,000 is for competitive grants to evaluate and re-
duce lead-based paint hazards;
—$100,000,000 is for competitive grants for activities under
the Healthy Homes Initiative, including addressing carbon
monoxide poisoning, mold, and other household hazards;
—$5,000,000 is for a radon testing demonstration;
—Up to $30,000,000 is for lead service line replacement
grants; and
—$25,000,000 is for competitive grants to public housing
agencies to install automatic sprinkler systems. The Secretary
shall collect information on the presence or absence of auto-
matic sprinkler systems in the public housing project and units
and shall include such information collection on a sample
basis.
The Committee directs that all PHAs, including those that are
troubled, substandard, or are under the direction of HUD, a mon-
itor, or a court-appointed receiver are eligible for funding for com-
petitive grants for automatic sprinkler systems, lead service re-
placement lines, and both lead-based paint hazards and activities
under the Healthy Homes Initiative. The Committee intends that
the PHAs with the greatest need will have access to the funds. Ad-
ditionally, the Committee directs that HUD consider increasing the
amount of individual grants so that the scale of the problems can
be addressed appropriately.
Health hazards funding.—Overall, the Committee recommenda-
tion provides $525,000,000 in resources to improve the health and
safety of residents living in all types of HUD-assisted housing. In
addition to the $185,000,000 in the Public Housing Capital Fund
outlined above to address carbon monoxide, lead, radon, mold, and
fire hazards, the Committee provides $340,000,000 in the Office of
Lead Hazard Control and Healthy Homes to address health haz-
ards in HUD-assisted housing.
Carbon monoxide poisoning.—The Committee is alarmed at the
continuing reports of deaths resulting from carbon monoxide poi-
soning in public housing subsidized by the Department. The Sec-
retary indicated during the Subcommittee’s hearing on HUD’s
budget request on March 4, 2020, that the Department was work-
ing on a rule. Therefore, the Committee directs the Secretary to
promulgate a notice of proposed rulemaking not later than 6
months after enactment of this Act for the Housing Choice Vouch-
er, Multifamily and Public Housing programs to add a requirement
for functioning carbon monoxide detectors in units with fuel-fired/
burning appliance(s), and/or an attached garage.
Radon testing demonstration.—As part of the $5,000,000 competi-
tive grant program provided for the radon testing demonstration,
the Committee strongly recommends the Department consider the
results it will obtain from the Radon Testing and Mitigation Dem-
onstration Program to determine whether and, if so, how diagnostic
testing for radon in current public housing should be conducted,
how installation of radon mitigation systems should be conducted
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if radon is found at levels exceeding the Environmental Protection
Agency’s radon in air action level, and whether radon monitoring
by credentialed professionals should be conducted for radon moni-
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112
toring on a biennial basis in housing units in which radon
exceedances were found and mitigated. Additionally, the Com-
mittee inquired with the Department in the first quarter of 2020
who in the Department is responsible for radon-related activities
and has not yet received a response. The Department is directed
to provide this information to the House and Senate Committees on
Appropriations not later than ten days after the date of enactment
of this Act.
Emergency safety and security.—The Committee directs the De-
partment to review the process for awarding the emergency safety
and security set-aside within the Public Housing Capital Fund to
ensure that the program is merit-based and takes into consider-
ation factors such as the potential for measurable crime-reduction
and improved public safety in neighborhoods adjacent to public
housing. The Department is directed to provide an update on this
review not later than ninety days after enactment of this Act.
PUBLIC HOUSING OPERATING FUND
Appropriation, fiscal year 2020 ......................................................... $4,549,000,000
Budget request, fiscal year 2021* ..................................................... 4,244,000,000
Recommended in the bill ................................................................... 4,649,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +100,000,000
Budget request, fiscal year 2021 ................................................ +405,000,000
* Includes the Public Housing portion of the Administration’s separate MTW request of $672,000,000.
The Public Housing Operating Fund subsidizes the costs associ-
ated 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 sec-
tion 9 of the United States Housing Act of 1937, as amended, funds
are allocated by formula to public housing authorities for the fol-
lowing purposes: utility costs; anti-crime and anti-drug activities,
including the costs of providing adequate security; routine mainte-
nance cost; administrative costs; and general operating expenses.
COMMITTEE RECOMMENDATION
The Committee recommends $4,649,000,000 for the Federal
share of PHA operating expenses.
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $685,000,000 for the Pub-
lic Housing Operating Fund account to prevent, prepare for, and
respond to coronavirus.
Recycling and Zero Waste Pilot Program.—The Committee recog-
nizes the importance of recycling and zero-waste programs and
supports expanding the availability of these programs in public
housing. Therefore, the Committee directs the Department to cre-
ate a pilot program that supports recycling and zero-waste pro-
grams in public housing and provides $10,000,000 for such a pilot
program.
Quality assurance of physical inspections.—The Committee is
troubled by reports of deplorable living conditions found in some
HUD-subsidized properties across the country. The scope of this
issue spans geographic regions, highlights systemic problems, and
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calls into question the effectiveness of HUD oversight, and the Real
Estate Assessment Center’s (REAC) inspections of HUD-assisted
housing. The Committee encourages the Department to work with
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113
the Congress on enforcement actions, including assessing civil mon-
etary penalties, that HUD can take to ensure PHAs and landlords
maintain the physical quality of HUD-assisted units. Similarly,
while the Committee is supportive of efforts to quickly issue ten-
ant-protection vouchers, the issuance of these vouchers is a tacit
acknowledgement that the Department has failed to ensure units
are maintained as decent, safe, and sanitary. Additionally, failure
to maintain the physical condition of HUD-assisted properties re-
sults in a loss of critical affordable housing and tenant protection
vouchers are of little value to families that encounter a lack of af-
fordable housing in their communities. The Committee directs the
Department to solicit comments from stakeholders, including ten-
ants, to identify ways the Department can improve its inspection
protocols and oversight. The Committee will continue to closely
monitor the Department’s efforts and progress and directs the De-
partment to submit to the House and Senate Committees on Appro-
priations not later than 60 days after enactment of this Act a re-
port identifying how HUD is improving the inspection process and
related protocols, including quality assurance of inspections, identi-
fied actions yet to be implemented, the status of actions under-
taken, and a timeline for completion of all actions.
Accessibility in public housing.—The Committee directs the De-
partment, not later than 180 days after enactment of this Act, to
submit to the House and Senate Committees on Appropriations,
the House Committee on Financial Services, and the Senate Com-
mittee on Banking, Housing, and Urban Affairs a report identifying
what would be needed to assess the quantity of public housing
stock nationwide that is compliant with Federal accessibility stand-
ards, including public housing stock built before 1991 as referenced
by the Fair Housing Act of 1991. The report shall include the chal-
lenges HUD faces and the costs associated with helping PHAs to
come into compliance with existing fair housing requirements, the
costs to make the existing public housing portfolio accessible, and
how to examine opportunities for improving accessibility in public
housing, including opportunities for cost-savings, incorporating en-
gineering best practices for retrofitting existing stock, and spurring
non-governmental investment.
Lead assessments in Federally-assisted housing.—The Committee
continues to believe that, given the significant impact lead expo-
sure can have on children and their development, there continues
to be a need for lead inspection standards within Federally-assisted
housing, including public housing and the Housing Choice Voucher
program. The Committee believes that the Department has the
statutory authority necessary to require stringent inspections when
checking homes for lead paint. Visual lead inspections have proven
insufficient and more rigorous standards such as requiring risk as-
sessments prior to a family moving into a home should be consid-
ered, where appropriate, to ensure that children living in Feder-
ally-assisted homes are protected from lead poisoning.
Public housing located on cemeteries.—The Committee directs the
Department to survey governmental public housing authorities to
determine how many PHAs are known to be built on cemeteries or
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historical burial grounds and to report to the House and Senate
Committees on Appropriations on the results not later than one
year after enactment of this Act.
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Operating Fund adjustment factors.—The Committee is con-
cerned that the Department’s current methodology for calculating
formula income and utility expenses for PHAs does not accurately
reflect the reality that many PHAs experience locally. This is espe-
cially true for those PHAs that serve large elderly or disabled popu-
lations, or operate on a utility that is of higher cost than other
parts of the country. The Committee appreciates that the Depart-
ment takes seriously the concerns raised by PHAs and that HUD
is reviewing its data and evaluating alternative approaches. The
Committee directs the Department to report to the House and Sen-
ate Committees on Appropriations not later than 60 days after en-
actment of this Act on alternative methodologies for calculating
PHA formula income for purposes of Operating Fund eligibility.
CHOICE NEIGHBORHOODS INITIATIVE
Appropriation, fiscal year 2020 ......................................................... $175,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 250,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +75,000,000
Budget request, fiscal year 2021 ................................................ +250,000,000
The CHOICE Neighborhoods Initiative leverages significant pub-
lic and private dollars to support locally driven strategies that ad-
dress struggling neighborhoods with distressed public or HUD-as-
sisted housing through a comprehensive approach to neighborhood
transformation. The program uses Federal grants to help commu-
nities transform neighborhoods by revitalizing severely distressed
public and/or assisted housing and catalyzing critical improvements
in the neighborhood, including vacant property, housing, busi-
nesses, services, and schools.
COMMITTEE RECOMMENDATION
The Committee recommends $250,000,000 for the CHOICE
Neighborhoods Initiative program.
The Committee encourages the Department to give prior year
planning grant recipients priority consideration when awarding im-
plementation grants.
SELF-SUFFICIENCY PROGRAMS
Appropriation, fiscal year 2020 ......................................................... $130,000,000
Budget request, fiscal year 2021 ....................................................... 190,000,000
Recommended in the bill ................................................................... 155,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +25,000,000
Budget request, fiscal year 2021 ................................................ ¥35,000,000
The Self-Sufficiency Programs account includes several programs
which help low-income families living in subsidized housing en-
hance job skills, increase earnings, and improve their economic se-
curity. The Family Self-Sufficiency (FSS) program provide grants
for FSS coordinators to Public Housing Authorities (PHAs) and,
with enactment of the Family Self-Sufficiency Act, has expanded
eligibility to residents of Project-Based Rental Assistance housing.
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The Resident Opportunity and Self-Sufficiency (ROSS) program
funds Service Coordinators to work with residents of Public and In-
dian Housing, and the Jobs Plus Initiative provides grants to
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115
PHAs, which are required to partner with Department of Labor
jobs centers.
COMMITTEE RECOMMENDATION
The Committee recommendation continues the fiscal year 2020
consolidation of FSS, ROSS, and Jobs Plus into the Self-Sufficiency
Programs (SSP) account and provides a total of $155,000,000 for
these programs. Previously, ROSS and Jobs Plus were funded
through the Public Housing Capital Fund, while FSS was under its
own account. The following table provides funding levels for activi-
ties under the SSP account:
Request Recommendation
Family Self-Sufficiency ................................................................................................ $90,000,000 $105,000,000
Resident Opportunity and Self-Sufficiency ................................................................. ––– 35,000,000
Jobs Plus ...................................................................................................................... 100,000,000 15,000,000
Total .................................................................................................................... 190,000,000 155,000,000
Expanding economic opportunity through Family Self-Suffi-
ciency.—The Committee strongly supports FSS, which helps low-in-
come families living in HUD-assisted housing access economic op-
portunities that help increase earnings and build financial security.
FSS is the Federal government’s largest asset building program for
low-income families, and it is particularly critical now as a tool to
help families recover from the economic impact of the COVID–19
pandemic. According to a 2018 evaluation of FSS programs in Lynn
and Cambridge, MA, program participants increased their income
by more than $10,000 over a five-year period, accrued savings, im-
proved credit scores, and reduced debt. The recommendation pro-
vides a $25,000,000 increase to make the benefits of FSS available
to an additional 12,500 to 25,000 HUD-assisted households. This
will fully fund existing grantees as well as between 500 and 625
new FSS coordinators.
Expanded FSS eligibility.—The recommendation reflects author-
izing changes made by the Family Self-Sufficiency Act and enacted
in Public Law 115–174 (Section 306), which streamline FSS pro-
gram administration and expand the program to residents of
Project-Based Rental Assistance (PBRA) properties. The Committee
notes that the Further Consolidated Appropriations Act, 2020 (P.L.
116–94) directed the Department to release regulations reflecting
changes in P.L. 115–174 no later than 90 days after enactment of
that Act, and as of this writing the regulation has not been re-
leased. The Committee directs the Department to release this regu-
lation not more than 15 days after enactment of this Act. The Com-
mittee directs the Department to expand eligibility for new grants
in fiscal year 2021 to owners of PBRA properties.
NATIVE AMERICAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2020 ......................................................... $825,000,000
Budget request, fiscal year 2021 ....................................................... 600,000,000
Recommended in the bill ................................................................... 835,000,000
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Bill compared with:
Appropriation, fiscal year 2020 .................................................. +10,000,000
Budget request, fiscal year 2021 ................................................ +235,000,000
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The Native American Programs account funds the Native Amer-
ican Housing Block Grants and Indian Community Development
Block Grants programs. The Native American Housing Block
Grants program, authorized by the Native American Housing As-
sistance and Self-Determination Act of 1996 (NAHASDA), provides
funding to American Indian tribes and tribally designated housing
entities (TDHEs) to help address affordable housing needs in tribal
communities. The Indian Community Development Block Grants
program, authorized under title I of the Housing and Community
Development Act of 1974, provides American Indian tribes the op-
portunity to compete for funding to address tribal community de-
velopment needs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $835,000,000 for the
Native American Programs account. The following table provides
funding levels for activities within this account.
Request Recommendation
Native American Housing Block Grants—Formula ..................................................... $600,000,000 $646,000,000
Title VI Loan Program .................................................................................................. ––– 2,000,000
Native American Housing Block Grants—Competitive ............................................... ––– 110,000,000
Indian Community Development Block Grants ............................................................ ––– 70,000,000
Training and Technical Assistance ............................................................................. ––– 7,000,000
Total .................................................................................................................... 600,000,000 835,000,000
In addition, the Coronavirus Aid, Relief, and Economic Security
Act (CARES Act) (P.L. 116–136) included $300,000,000 for Native
American Programs, of which no less than $200,000,000 was for
Native American Housing Block Grants—Formula and up to
$100,000,000 was for Indian Community Development Block
Grants, to prevent, prepare for, and respond to coronavirus.
A January 2017 report published by HUD confirmed that home-
lessness in tribal areas translates into overcrowded homes, finding
that between 42,000 and 85,000 Native Americans were living with
friends or relatives only because they had no place of their own and
to prevent homelessness. According to the report, 33,000 new units
are needed in Indian country to eliminate overcrowding and an-
other 35,000 new units are needed to replace units that are phys-
ically inadequate. Recognizing this significant need for affordable
housing and improving living conditions in tribal communities
across the nation, the Committee recommendation provides
$110,000,000 for competitive grants to be awarded based on need
and administrative capacity to recipients eligible under NAHASDA.
The Committee notes that $1,727,000 in funding appropriated in
fiscal year 2017 remains available in the section 184 loan guar-
antee program for the construction of rental housing for law en-
forcement, healthcare, educational, technical, and other skilled
workers. The Committee encourages tribes and TDHEs to consider
utilizing this support for workforce housing when developing
projects for competitive grants under the Native American Housing
Block Grants—Competitive program.
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Formula grant overfunding.—The Native American Housing
Block Grants—Formula program allocation is based on need as
measured in part by current assisted housing stock. However,
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housing data used to calculate allocations in any given year often
contains inaccuracies that are subsequently corrected. These data
revisions result in some Indian tribes having received grants in ex-
cess of their accurate formula allocation which in turn causes all
other Indian tribes to be technically underfunded for that same
year. To address this recurring problem, the Department has in the
past recouped prior year awards made in excess of eligibility by off-
setting current year awards. The Committee believes that this
practice is within the Department’s authority. To ensure that the
Native American Housing Block Grants—Formula program are al-
located accurately and in accordance with statutory requirements,
the Committee directs the Department to continue the practice of
offsetting formula allocations in fiscal year 2021 should it receive
data indicating that an overpayment occurred, provided the De-
partment takes action within 3 years from the date the Formula
Response Form is sent out. If the Department recoups funds from
a tribe and a subsequent appeals process determines that the funds
should not have been recouped, the Committee directs the Depart-
ment to increase the tribe’s next funding allocation, following the
final appeals determination, equal to the amount of the improperly
recouped funds.
Training and technical assistance.—The Committee recommenda-
tion provides $7,000,000 for training and technical assistance needs
in Indian country to support the Native American Housing Block
Grants program, the Indian Community Development Block Grants
program, and other HUD programs in order to meet the needs of
Native American families and tribal communities. The Committee
directs HUD to use this funding to aid tribes with capacity chal-
lenges. The funding should be used for training, contract expertise,
inspections, and other services necessary to address needs identi-
fied by tribes. Of the total funding provided, no less than
$2,000,000 shall be awarded to a national organization as author-
ized by section 703 of NAHASDA.
Reservation housing.—The Committee recognizes the importance
of housing assistance provided as a result of NAHASDA and en-
courages the Department to support efforts by tribes to renovate
substandard reservation housing. HUD has an obligation to ensure
that housing in its inventory is transferred to Indian tribes,
TDHEs, or eligible Native American families as expeditiously as
possible.
Coastal tribes.—The Committee understands that several coastal
tribal communities are actively working to relocate homes and
other critical infrastructure to higher ground to mitigate the im-
pacts of climate change. The Committee encourages HUD to
prioritize funding and technical assistance resources to support
these efforts and to encourage the use of resilient building and
planning practices throughout Indian Country.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Appropriation, fiscal year 2020 ......................................................... $1,600,000
Budget request, fiscal year 2021 ....................................................... 2,000,000
Recommended in the bill ................................................................... 1,600,000
rfrederick on DSKBCBPHB2PROD with HEARING
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ ¥400,000
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118
Section 184 of the Housing and Community Development Act of
1992 established a loan guarantee program for Native American in-
dividuals, tribes, and tribally designated housing entities to build
new housing or purchase existing housing on trust land. This pro-
gram provides access to private financing that otherwise might be
unavailable because of the unique legal status of Indian trust land.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $1,600,000 for the In-
dian Housing Loan Guarantee Fund Program Account, of which
$1,100,000 is for the cost of section 184 guaranteed loans and
$500,000 is for administrative contract expenses to carry out the
section 184 loan guarantee program. The Act allows HUD to use
prior year unobligated balances to support the cost of section 184
guaranteed loans. The fiscal year 2021 funding combined with the
unobligated balances will support a total loan volume of
$1,000,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
Appropriation, fiscal year 2020 ......................................................... $2,000,000
Budget request, fiscal year 2021 ....................................................... –––
Recommended in the bill ................................................................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2020 .................................................. +2,000,000
Budget request, fiscal year 2021 ................................................ +4,000,000
The Hawaiian Homelands Homeownership Act of 2000 created
the Native Hawaiian Housing Block Grant program to provide
grants to the State of Hawaii Department of Hawaiian Home
Lands (DHHL) for housing activities on Hawaiian home lands, in
order to develop, maintain, and operate affordable housing for eligi-
ble low-income Native Hawaiian families. As one of the United
States’ indigenous people, Native Hawaiian people have a unique
relationship with the Federal government.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $4,000,000 for the Na-
tive Hawaiian Housing Block Grant program. The Committee en-
courages the Department to continue to provide technical assist-
ance to DHHL in developing and executing plans to meet the hous-
ing needs of low-income Native Hawaiians.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM
ACCOUNT
Appropriation, fiscal year 2020 ......................................................... –––
Budget request, fiscal year 2021 ....................................................... ¥2,000,000
Recommended in the bill ................................................................... –––
Bill compared with:
Appropriation, fiscal year 2020 .................................................. –––
Budget request, fiscal year 2021 ................................................ +2,000,000
Section 184A of the Housing and Community Development Act of
1992 established a loan guarantee program for Native Hawaiian
rfrederick on DSKBCBPHB2PROD with HEARING
families who are eligible to reside on Hawaiian home lands and
would otherwise face barriers to acquiring such financing because
of the unique legal status of the Hawaiian home lands.
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119
COMMITTEE RECOMMENDATION
The Committee rejects the proposal in the budget request to re-
scind $2,000,000 in unobligated balances from the section 184A
loan guarantee program. The Committee recommendation provides
no new funding for the program as it continues to operate on a neg-
ative subsidy basis and has sufficient balances of prior year loan
guarantee limitation to continue making section 184A loans.
COMMUNITY PLANNING AND DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
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