Departments of Transportation, and Housing and Urban Development, and Related Agencies Appropriations Bill
Summary
House Report 117–402 is the report of the Committee on Appropriations, submitted by Mr. Price of North Carolina and ordered to be printed July 5, 2022, with minority views, on H.R. 8294, the bill making appropriations for the Departments of Transportation, Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2023. Its index lists Title I for the Department of Transportation, Title II for the Department of Housing and Urban Development, Title III for related agencies and Title IV for general provisions. The text read ends with that index.
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Cite this document
“Departments of Transportation, and Housing and Urban Development, and Related Agencies Appropriations Bill.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt402-crpt-117hrpt402/
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1
117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–402
DEPARTMENTS OF TRANSPORTATION, AND
HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIA-
TIONS BILL, 2023
R E P O R T
OF THE
COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES
together with
MINORITY VIEWS
[TO ACCOMPANY H.R. 8294]
JULY 5, 2022.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–402
DEPARTMENTS OF TRANSPORTATION, AND
HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIA-
TIONS BILL, 2023
R E P O R T
OF THE
COMMITTEE ON APPROPRIATIONS
HOUSE OF REPRESENTATIVES
together with
MINORITY VIEWS
[TO ACCOMPANY H.R. 8294]
JULY 5, 2022.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
47–922 WASHINGTON : 2022
E:\Seals\Congress.#13
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117– 402
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND
URBAN DEVELOPMENT, AND RELATED AGENCIES AP-
PROPRIATIONS BILL, 2023
JULY 5, 2022.—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. 8294]
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, 2023.
INDEX TO BILL AND REPORT
Page number
Bill Report
Title I—Department of Transportation .................................................... 2 7
Title II—Department of Housing and Urban Development ................... 104 113
Title III—Related Agencies ....................................................................... 223 172
Title IV—General Provisions .................................................................... 228 181
Minority Views ........................................................................................... 535
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2023, 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-
propriations), accompanying reports of the House and Senate Com-
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mittees on Appropriations, or accompanying conference reports and
47–922
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2
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 Act 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 made 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 repro-
gram funds that:
• creates a new program;
• eliminates a PPA;
• increases funds or personnel for any PPA for which funds
have been denied or restricted by 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
prior year enacted level; budget request; adjustments made by Con-
gress; adjustments for rescissions, if appropriate; and the fiscal
year enacted level. The table shall delineate the appropriation and
prior year enacted level both by object class and by PPA, as de-
tailed in this Act, accompanying reports of the House and Senate
Committees on Appropriations, accompanying conference reports
and joint explanatory statements of the committee of conference, or
in the budget appendix for the respective appropriations, whichever
is more detailed, and shall apply to all items for which new budget
(obligational) authority is provided, as well as to discretionary
grants and discretionary grant allocations. The operating plan also
must identify items of special Congressional interest. Should the
agency create, alter, discontinue, or otherwise change any program
as described in the agency’s budget justification, those changes
must be a part of the agency’s operating plan. Finally, the agency
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shall submit with the operating plan a summary of the reporting
requirements contained in this Act, the House and Senate reports,
and the accompanying conference reports and joint explanatory
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statements of the committee of conference. The summary should in-
clude Inspector General and Government Accountability Office
(GAO) reports as well. In certain instances, the Committee may di-
rect the agency to submit a revised operating plan for approval or
may direct changes to the operating plan, if the plan is not con-
sistent with the directives of the accompanying conference reports
and joint explanatory statements of the committee of conference.
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 2023, and non-appropriated resources such
as fee collections that are used to meet program requirements in
fiscal year 2023.
The Committee expects each agency to manage its programs and
activities within the amounts appropriated by Congress. The Com-
mittee reminds agencies that reprogramming requests should be
submitted only in the case of an unforeseeable emergency or a situ-
ation that could not have been anticipated when formulating the
budget request for the current fiscal year. Except in emergency sit-
uations, reprogramming requests should be submitted no later
than June 30, 2023. 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 the Department of Housing and Urban Development
(HUD) and that no funds may be obligated from working capital
fund accounts to augment programs, projects, or activities for
which appropriations have been specifically rejected by Congress,
or to increase funds or personnel for any PPA above the amounts
appropriated by this Act.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are the primary tool used by the House and
Senate Committees on Appropriations to evaluate the resource 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. The Committee expects all of the
budget justifications to provide the data needed to make appro-
priate and meaningful funding decisions. The Committee continues
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the direction that justifications submitted with the fiscal year 2024
budget request by agencies funded by this Act contain the cus-
tomary level of detailed data and explanatory statements to sup-
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4
port the appropriations requests at the level of detail contained in
the funding table included at the end of this report. Among other
items, agencies shall provide a detailed discussion of proposed new
initiatives, proposed changes in the agency’s financial plan from
prior year enactment, detailed data on all programs, and com-
prehensive 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 ma-
terials that compare programs, projects, and activities that are pro-
posed for fiscal year 2024 to the fiscal year 2023 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 2024 budget request. The Com-
mittee also reminds all agencies funded by this Act to provide accu-
rate organizational charts in the budget justifications. The Com-
mittee considers any changes to the organizational charts to be a
reprogramming requiring approval of the House and Senate Com-
mittees on Appropriations under section 405 of this Act.
OTHER MATTERS
The Committee directs each of the departments and agencies
funded by this Act to identify opportunities to prioritize resilience,
equity, environmental justice, regional efforts, and robust stake-
holder 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. Further, the Committee notes the damage
and devastation caused by flooding nationwide. The Committee
supports the use of the best available scientific and technical data
to account for the flood risks over the anticipated service life of a
new or rehabilitated project.
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 funded by this
Act to develop standards to improve customer service and incor-
porate the standards into the performance plans required under
title 31 of the United States Code. Further, the Committee recog-
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nizes that 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
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5
make continuous improvements and adopt best practices for im-
proving customer service.
Federal advertising.—The Committee understands that, as the
largest advertiser in the United States, the Federal government
should work to ensure fair access to its advertising contracts for
small disadvantaged businesses, businesses owned by minorities
and women, and local media. As such, the Committee directs each
department and agency funded by this Act to include the following
information in its fiscal year 2024 budget justification: expendi-
tures for fiscal year 2022 and 2023, respectively, for all contracts
for advertising services of Small Business Administration-recog-
nized socioeconomic subcategory-certified small businesses, as de-
fined in the Small Business Act, and all minority-owned busi-
nesses, as well as for local media.
Targeted investments in impoverished areas.—The Committee
continues to support investments in areas of persistent poverty and
historically disadvantaged communities. The Committee notes that
the Act defines areas of persistent poverty as such term is defined
in section 6702 of title 49, United States Code. Further, the Com-
mittee recommendation provides funding for grants and technical
assistance to areas of persistent poverty and historically disadvan-
taged communities through two DOT programs, the national infra-
structure investments program (also known as RAISE) and the
thriving communities initiative, and HUD’s Office of Policy Devel-
opment and Research. In addition, the Committee notes that the
departments funded by this Act are actively working to implement
executive order 13985, including opportunities for increased invest-
ment in underserved communities like areas of persistent poverty
and historically disadvantaged communities. The Committee com-
mends the departments for these efforts.
In addition, to understand how programs funded through the de-
partments funded by this Act are serving such areas, House Report
116–106 directed such departments to submit a report on the per-
centage of funds allocated by each program in fiscal years 2017,
2018, and 2019 and estimates for fiscal year 2020 that serve popu-
lations living in persistent poverty counties or census tracts. House
Report 116–452 further directed such departments to update the
information with the data for the next fiscal year upon completion
of the initial report required by House Report 116–106. The Com-
mittee commends HUD for completing a report covering fiscal
years 2017 through 2020. The Committee is disappointed that DOT
has not completed the report, reminds DOT of the directives in
House Report 116–106, House Report 116–452, and House Report
117–99, and directs DOT to submit the report required by House
Report 116–106 no later than 30 days after enactment of this Act.
Promoting land use policies and affordable housing develop-
ment.—The Committee remains concerned with rising housing
costs and the lack of affordable housing supply, especially in job-
rich areas. Therefore, 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 afford-
able and market-rate housing near transportation and transit
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hubs. This guidance should provide recommendations for local, re-
gional, and state land use agencies to improve their land use and
zoning, such as increasing density, reducing minimum lot sizes,
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creating by-right development for multi-family homes, streamlining
or shortening the permitting processes, eliminating impact fees, al-
lowing accessory dwelling units, density bonuses, or land value cap-
ture mechanisms. This guidance should also focus on providing
best practices to local land use agencies and transit agencies who
work together to promote transit-oriented development, and should
consider the variations of best practices among urban, suburban,
and rural communities. The Committee urges the departments to
use all tools available to encourage a ‘‘complete streets’’ approach
to transportation policy and design.
Affordable housing and cross-agency coordination.—Access to
housing and transportation are critical for individuals and families
to have a safe and affordable place to live and to get to and from
work, school, and home. The Committee notes that the location of
affordable housing and its proximity to transportation can have a
significant impact on the cost of living and quality of life. The
intersection between housing and transportation requires increased
coordination and engagement between DOT and HUD. The Com-
mittee is pleased that DOT has taken steps to support affordable
housing in the notices of funding opportunities (NOFOs) for some
of its competitive grant programs. The Committee urges DOT to
continue to incorporate language in competitive grant programs en-
couraging potential applicants to consider access to affordable
housing, land use, density, rural main street revitalization, and
transit-oriented development. Further, the Committee directs HUD
and DOT to collaborate, as appropriate, to identify Federal re-
sources which could be leveraged by potential applicants and
awardees, improve cross-agency coordination with respect to com-
petitive grants programs and NOFOs, and to explore increasing
emphasis within NOFOs on activities to encourage potential appli-
cants to approach housing and transportation projects in a more
holistic, interconnected manner. In this effort, the departments
should also engage other Federal agencies, as HUD and DOT deem
appropriate, to strengthen outcomes for potential applicants and
communities. The Committee directs HUD and DOT to jointly brief
the House and Senate Committees on Appropriations on its initial
cross-agency engagement and findings no later than 180 days after
the enactment of this Act.
Fostering transit-oriented development (TOD).—The Committee
recognizes the potential for TOD to facilitate economic develop-
ment, affordable housing construction, and more livable and
healthier communities. Considering the potential for TOD projects
to improve access to affordable housing and transportation, the
Committee directs DOT and HUD to brief the House and Senate
Committees on Appropriations no later than 180 days after enact-
ment of this Act on existing Federal transportation and housing
programs which currently incorporate TOD, existing programs
where additional emphasis on TOD may be appropriate, technical
assistance or guidance materials developed by the departments to
assist potential applicants in pursuing TOD, and the feasibility of
such existing programs supporting infill projects, developers and
local governments constructing units on existing or underused
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urban land close to city amenities and transportation, and trans-
portation projects that increase the share of nonmotorized trips and
improve the efficiency of existing surface transportation infrastruc-
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ture. The Committee notes that such a briefing is not required to
be a joint briefing by the departments.
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, it is the desire of the
Committee that all departments and agencies funded by this Act
actively seek opportunities for regional councils and councils of gov-
ernments to serve as lead applicants and grantees to encourage
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-
istering Federal funding that resulted in successful, comprehensive,
and well-coordinated outcomes.
Nondisclosure agreements.—The Committee recognizes that har-
assment, including sexual harassment and assault, continue to be
pervasive in the workplace, and that the use of predispute non-
disclosure and nondisparagement clauses as conditions of employ-
ment can perpetuate illegal conduct by silencing survivors and
shielding perpetrators. The Committee directs the departments and
agencies funded by this Act to assess the prevalence of predispute
nondisclosure and nondisparagement clauses in employment con-
tracts used by contractors and grantees receiving Federal funds.
The Committee directs the departments and agencies funded by
this Act to include proposals in their fiscal year 2024 budget re-
quest to eliminate the use of grants and contracts to employers
that use this practice.
TITLE I—DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $141,500,000
Budget request, fiscal year 2023 * ..................................................... 186,419,000
Recommended in the bill ................................................................... 176,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +34,500,000
Budget request, fiscal year 2023 ................................................ ¥10,419,000
* Includes the Office of Multimodal Freight Infrastructure and Policy, which was requested as a separate
account.
Office of the Secretary.—The Office of the Secretary has primary
responsibility to provide overall planning, direction, and control of
departmental affairs.
Office of the Deputy Secretary.—The Office of the Deputy Sec-
retary assists the Office of the Secretary and the Deputy Secretary
serves as the Department’s chief operating officer.
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
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Office of the Under Secretary of Transportation for Policy provides
leadership in the development of policies for the Department, de-
veloping proposals and providing advice to the Secretary regarding
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legislative and regulatory initiatives across all modes of transpor-
tation.
Office of the Assistant Secretary for Budget and Programs.—The
Office of the Assistant Secretary for Budget and Programs directs
and coordinates all of the Department’s budget, performance, and
finance activities.
Office of the Assistant Secretary for Governmental Affairs.—The
Office of the Assistant Secretary for Governmental Affairs is re-
sponsible for Congressional and intergovernmental relations.
Office of the Assistant Secretary for Administration.—The Office
of the Assistant Secretary for Administration establishes policies
and provides operational services with respect to acquisition, office
space and facilities, security, and human resources.
Office of Public Affairs and Public Engagement.—The Office of
Public Affairs and Public Engagement is responsible for the De-
partment’s press releases, social media, fact sheets, and responses
to press inquiries and creating opportunities for direct dialogue
with the public.
Office of the Executive Secretariat.—The Office of the Executive
Secretariat assists the Secretary and Deputy Secretary in carrying
out their responsibilities by controlling and coordinating internal
and external documents.
Office of Intelligence, Security, and Emergency Response.—The
Office of Intelligence, Security, and Emergency Response is 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 technology (IT) operations, systems, management,
and security.
Office of Tribal Government Affairs.—The Office of Tribal Gov-
ernment Affairs plans, coordinates, and implements policies and
programs serving Indian Tribes and is responsible for tribal rela-
tions.
Office of Multimodal Freight Infrastructure and Policy.—The Of-
fice of Multimodal Freight Infrastructure and Policy develops and
manages the National Freight Strategic Plan and the National
Multimodal Freight Network and oversees the development and
updating of state freight plans.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $176,000,000 for the
salaries and expenses of the offices comprising the Office of the
Secretary of Transportation (OST).
Competitive grant applicants.—The Committee recognizes com-
pleting multiple different notices of funding opportunities (NOFOs)
and benefit-cost analyses can be challenging for communities of all
sizes. The Committee understands that given the wide array of
projects eligible under competitive grant programs and the diverse
types of benefits that might be applicable to these projects, it may
be difficult for the Department to use one standardized application
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and benefit-cost analysis form across the entire Department. The
Committee directs the Department, consistent with the Paperwork
Reduction Act, to simplify the NOFO and benefit-cost analysis
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9
processes, where applicable, and create options for digital, on-line
submissions.
Cross-modal coordination for safety.—The Committee is aware of
a need for improved coordination among modes and the important
role it plays in safety oversight, especially where there is an adop-
tion of cross-modal technology that can transform the transpor-
tation network. In addition to the work of the Highly Automated
Systems Safety Center of Excellence (HASS COE), the Committee
continues to direct the Secretary to establish a Department-wide
holistic approach to road safety in order to ensure that agencies
with responsibilities for road safety coordinate their expertise, re-
sources, and approach.
Digitalization technologies.—The Committee supports the De-
partment and operating administrations dedicating resources and
finding opportunities to help communities incorporate digitalization
technologies to increase the resiliency of their infrastructure, en-
hance safety, and improve accessibility for disadvantaged commu-
nities.
Distressed coal communities.—To diversify and enhance economic
opportunities, the Committee directs the Secretary to prioritize dis-
cretionary funding to distressed counties within the Central Appa-
lachian region to help communities and regions that have been af-
fected by job losses in coal mining, coal power plant operations, and
coal-related supply chain industries due to the economic downturn
of the coal industry.
DOT buildings.—Not later than 30 days after the date of enact-
ment of this Act, the Department shall brief the House and Senate
Committees on Appropriations on the terms of its building delega-
tion agreement with the General Services Administration (GSA) for
the William T. Coleman, Jr. and Norman Y. Mineta Federal Build-
ing and the terms of its interagency agreement with GSA and
building exchange agreement for the Volpe building. Briefing topics
shall also include the space allocation, maintenance plan and costs,
operational services above GSA standards, security costs, the work-
force managing and operating these buildings, and the funding
sources for building costs.
Green infrastructure for rail or multi-modal transportation
hubs.—The Committee encourages the Secretary to allow slow
green infrastructure on or near rail or multi-modal transportation
hubs to be eligible for Federal funding administered by DOT. This
includes, but is not limited to, activities that would increase green
space surrounding the structure such as urban trees, vegetation,
and enhanced streetscapes, including energy-efficient lighting.
These elements not only provide opportunities to mitigate transpor-
tation pollution, improve air quality, and control storm water run-
off but in some cases could also provide or enhance the structure’s
security elements and help conserve and reduce the structure’s en-
ergy use. They also serve as a welcoming component for passengers
entering or exiting a rail or multi-modal transportation hub.
Implementation of DOT’s equity action plan.—As part of its eq-
uity action plan, DOT has committed itself to a number of equity
actions. Among these actions already taken are reducing racial eq-
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uity and barriers to opportunity as a consideration for awarding
discretionary grants and requiring the grantees of discretionary
grant awards to report on benefits to disadvantaged communities.
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Not less than 180 days after the date of enactment of this Act, the
Department shall submit a report to the House and Senate Com-
mittees on Appropriations on the direct and indirect effect of these
equity actions on the discretionary grant awards made after Feb-
ruary 2021.
Infrastructure supporting cross-border trade.—The Committee
continues to support strengthening the coordination between DOT
and other relevant Federal agencies to improve freight infrastruc-
ture development along the border, which is critical to bilateral
trade. The Committee notes that the Office of International Trans-
portation and Trade and the Office of Multimodal Freight Infra-
structure and Policy within OST are well-positioned to lead depart-
mental efforts to coordinate border transportation infrastructure
initiatives and projects. The Committee directs the Secretary to
brief the House and Senate Committees on Appropriations not later
than 120 days after the date of enactment of this Act on the work
of these offices, including coordination with the GSA, the Depart-
ment of Homeland Security (DHS), and other Federal agencies, to
facilitate trade with more supporting infrastructure.
Nationally significant freight and highway (INFRA) projects.—
The Committee is concerned that the East Coast’s freight network
lacks the capacity to meet growing demands and for interstates
that are two lanes, freight capacity is even more limited. The Com-
mittee encourages the Department to consider prioritizing projects
which address capacity issues in order to alleviate incident-related
delays and backups on interstates where truck traffic is growing at
a faster pace than passenger vehicle traffic.
Open skies.—The Committee continues to urge DOT 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 memoran-
dums of agreement with foreign governments to ensure trans-
parency, accountability, and enforcement remain important tenets
of open skies agreements. The Committee directs DOT to continue
to proactively work with the State Department to take appropriate
action with any foreign governments where government subsidies
have resulted in market distortion. The Committee directs DOT to
provide regular updates to the Committee on their activities re-
lated to the fair enforcement of open skies agreements.
Ports of entry (POE).—The Committee directs DOT to continue
its coordination 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.
Regulations.—The Committee is concerned about the duration of
regulatory review timelines at the Department for cross-modal
issues. The Committee recommends that the Department focus on
customer service while continuing to prioritize the safety, security,
and efficiency of the nation’s transportation system.
Transportation workforce outreach program.—The Committee
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strongly supports initiatives to increase diversity and encourage
young, midcareer, and experienced workers to consider careers in
the transportation sector. The Committee directs the Department
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11
to increase public awareness of professional opportunities in the
transportation sector as part of its public affairs and public engage-
ment strategy and activities.
Value capture.—The Committee is aware that both Federal Tran-
sit Administration (FTA) and Federal Highway Administration
(FHWA) have issued extensive guidance on value capture tech-
niques, which is the use of a portion of increased property values
created as a result of public infrastructure investment. Because
value capture strategies are usually part of a mixed funding and
financing package, the Committee believes that value capture can
be a tool for economic development and as a non-Federal source of
funding for transportation infrastructure, such as transit and pas-
senger rail projects. The Committee encourages DOT to continue to
support state and local governments exploring the use of value cap-
ture strategies.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2022 ......................................................... $51,363,000
Budget request, fiscal year 2023 ....................................................... 48,147,000
Recommended in the bill ................................................................... 66,963,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +15,600,000
Budget request, fiscal year 2023 ................................................ +18,816,000
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 (BTS), the Intelligent Transportation Systems
Joint Program Office, the University Transportation Centers
(UTCs) program, the John A. Volpe National Transportation Sys-
tems Center, and the Transportation Safety Institute.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $66,963,000 for re-
search and technology activities.
Advanced Research Projects Agency—Infrastructure (ARPA–I).—
The recommendation includes funding, as requested, to establish
the ARPA–I, which was authorized in section 25012 of the Infra-
structure Investment and Jobs Act (IIJA) (P.L. 117–58). Not less
than 90 days after the date of enactment of this Act, the Depart-
ment shall submit to the House and Senate Committees on Appro-
priations a staffing plan for ARPA–I and an outline of planned re-
search activities.
ARPA–I is an opportunity to ensure that the U.S. is a global
leader in developing and deploying advanced transportation infra-
structure technologies and materials. In partnership with industry,
state and local governments, and academia, ARPA–I can advance
solutions that will, among other things, promote the safe and effi-
cient movement of goods and people, reduce greenhouse gas emis-
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sions, and protect against physical and cyber threats. In addition,
ARPA–I is authorized to support and accelerate transformational
technological advances in areas in which the private sector is un-
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12
likely to carry out projects due to technical and financial uncer-
tainty.
Autonomous vehicles (AV).—The Committee recognizes that any
amount of AV development and deployment will require DOT to
collaborate with private-industry and other academic researchers to
ensure the safety of the technology. Amounts made available under
this heading are available for the testing of autonomous vehicles
and DOT is reminded that collaboration includes information shar-
ing with the appropriate safeguards. The Committee encourages
DOT to evaluate the opinions, perspectives, and needs of commu-
nities of color as it pertains to AV adoption, including passenger
and package delivery vehicles, in partnership with accredited uni-
versities of higher education, including historically black colleges or
universities (HBCUs), and Hispanic-Serving Institutions (HSIs), or
consortia thereof. Further, the Committee encourages the Depart-
ment to update its Automated Vehicles Comprehensive Plan to in-
clude the full scope of workforce challenges that AVs pose, con-
sistent with the Department’s innovation principles.
AV research plan.—The Committee notes that the Department
submitted an AV research plan to the House and Senate Commit-
tees on Appropriations on October 26, 2021, as required by the
Consolidated Appropriations Act, 2021 (P.L. 116–260). The Com-
mittee was disappointed with the level of detail included in the
plan for future AV research, and directs the Department to submit
an update to the AV research plan with specific projects for future
AV research. The Committee supports the Department’s collabora-
tion through numerous partnerships with the private sector and
other Federal agencies, notably with the Department of Defense at
the military cyber center in Augusta, Georgia. As the Department
works to update the AV research plan, the Committee directs the
Department to consider projects that could include testing the
cyber security of global navigation satellite system inputs to AV
systems to improve safety. Such projects could include the design
and development of a testing lab which would allow the govern-
ment and industry developers to test hardware and software in a
way that mirrors the urban environment.
Bridge clearinghouse.—The Committee was pleased to provide
funding for an accelerated bridge technologies clearinghouse in the
Consolidated Appropriations Act, 2022 (P.L. 117–103) to provide a
platform for bridge and structure stakeholders to find technically
robust and unbiased information and reports that evaluate innova-
tions while facilitating the acceptance and implementation of new
bridge and structure materials and technologies. DOT shall provide
a briefing to the House and Senate Committees on Appropriations
on it efforts to implement the accelerated bridge technologies clear-
inghouse not later than 60 days after the date of enactment of this
Act.
HASS COE.—As automated systems and technologies become in-
creasingly widespread, the Committee continues to believe that the
safety of the traveling public jointly depends on innovation by tech-
nology developers and owners and operators coupled with appro-
priate Federal regulation and effective oversight. The HASS COE
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serves as the central location within DOT for expertise in automa-
tion technology and systems, which will in turn support the capa-
bility of operating administrations to review, assess, and validate
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13
the safety of automation across all modes of transportation. The
Committee appreciates the progress that the HASS COE has made
over the past year and looks forward to the HASS COE becoming
fully operational.
Immersive technology.—The Committee encourages the Assistant
Secretary for Research and Technology to consider the potential of
immersive technology as a tool for remote collaboration and site in-
spection or preparation by engineers, architects, and construction
workers with the objective of improving worker safety, avoiding
system closures, and improving service.
PNT and GPS backup technologies.—The Committee supports
the findings in DOT’s January 2021 ‘‘Complementary PNT and
GPS Backup Technologies Demonstration Report’’ (DOT–VNTSC–
20–07) and provides $15,000,000 to continue the program estab-
lished in fiscal year 2022 and other efforts that lead to the wide
adoption of multiple technologies that provide the necessary GPS
backup and complementary PNT consistent with the Department’s
2021 report.
Transportation accessibility.—The Committee continues to sup-
port the objectives of the transportation access pilot program au-
thorized in section 13010 of the IIJA. The purpose of this program
is to improve transportation planning by measuring the level of
surface transportations modes to destinations essential for daily
living, such as jobs, health care facilities, child care services, edu-
cation, housing, and grocery stores and disaggregating the level of
access by geographic and demographic groups. The Committee
urges the Department to establish the program not later than No-
vember 15, 2022, as required by statute, and reminds the Depart-
ment of its obligation to brief the House and Senate Committees
on Appropriations on its implementation actions as required by the
Consolidated Appropriations Act, 2022.
University Transportation Centers (UTCs).—UTCs play a key role
in conducting research and development activities. The Committee
continues to support UTCs, which are authorized under section
5505 of title 49, United States Code. Funding for these competitive
grants in fiscal year 2023 is provided through a combination of
$80,000,000 in this Act and $19,000,000 of advanced appropriations
in the IIJA. In addition, the Committee provides $600,000 for inter-
disciplinary transportation law and policy and $5,000,000 for the
National Institute for Congestion Reduction and the National Cen-
ter for Transportation Infrastructure and Durability and Life-Ex-
tension.
Transportation Resilience and Adaptation Centers of Excellence
(TRACE).—The Committee acknowledges the extreme hardship
that rural and underserved communities experience when faced
with natural disasters and extreme weather, such as flooding,
derechos, hurricanes, tornadoes, and wildfires. As such, the Com-
mittee recommendation includes $10,000,000 for the TRACE to es-
tablish and administer one national Center of Excellence and one
regional Center of Excellence, as authorized by section 13009 of the
IIJA. In selecting the Centers of Excellence, the Committee encour-
ages the Secretary to prioritize selection of entities that partner, or
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will partner, with community colleges, technical colleges, Histori-
cally Black Colleges and Universities, and educational institutions
that serve rural areas.
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14
NATIONAL INFRASTRUCTURE INVESTMENTS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $775,000,000
Budget request, fiscal year 2023 ....................................................... 1,500,000,000
Recommended in the bill ................................................................... 775,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ ¥725,000,000
The national infrastructure investments program (also known as
RAISE and formerly known as both BUILD and TIGER) was cre-
ated in division A of the American Recovery and Reinvestment Act
(P.L. 111–5) and authorized in section 21202 of the IIJA to provide
grants and credit assistance to state and local governments, tribal
governments, United States territories, transit agencies, port au-
thorities, metropolitan planning organizations, or a combination of
such entities to improve the nation’s transportation infrastructure.
Eligible projects include highways and bridges, public transpor-
tation, freight and passenger rail, port infrastructure, and bicycle
and pedestrian improvements. The national infrastructure invest-
ments program awards funds on a competitive basis to projects
that will have a significant local or regional impact.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $775,000,000 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. RAISE also fosters collabora-
tion and leverages non-Federal investments from private, state,
and local sources. The Committee has consistently heard from com-
munities large and small on the difference RAISE grants have
made in improving safety, state of good repair, economic competi-
tiveness, environmental sustainability, and quality of life.
Persistent poverty.—The Committee continues to support pro-
viding assistance to historically disadvantaged communities and
areas of persistent poverty. Specifically, the Act requires that not
less than $30,000,000 be awarded to projects in historically dis-
advantaged communities or areas of persistent poverty.
Planning.—Recognizing that planning is critical to the success of
any infrastructure investment, the Act dedicates not less than
$38,750,000 for the planning, preparation, and design of projects
prioritizing transit, transit-oriented development, multimodal,
intercity passenger rail, and pedestrian projects. The recommenda-
tion exempts planning grants from statutory grant minimums and
the Committee notes the availability of technical assistance
through the Thriving Communities Initiative to comprehensively
address the planning needs of these types of projects.
Transformative projects.—The Committee encourages DOT to em-
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phasize multi-modal, transformative projects in its consideration of
grant awards. The Committee stresses the importance of an equi-
table distribution of funding among urban and rural areas and also
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15
sees great value in projects that align with the Department’s equity
action plan and the administration’s Federal sustainability plan.
THRIVING COMMUNITIES INITIATIVE
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $25,000,000
Budget request, fiscal year 2023 ....................................................... 110,737,000
Recommended in the bill ................................................................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +75,000,000
Budget request, fiscal year 2023 ................................................ ¥10,737,000
The Thriving Communities Initiative identifies and provides sup-
port for communities with persistent barriers that prevent access
to opportunities such as schools, healthcare, and employment. The
program provides technical assistance and capacity building to im-
prove access to opportunity through transportation infrastructure
improvements.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $100,000,000 for the
Thriving Communities Initiative.
The grant application process itself should neither advantage nor
disadvantage any applicant or project. DOT competitive grant pro-
grams are as broad and varied as the needs and sizes of the com-
munities that apply for such grants. The Committee recognizes
that, in practice, some communities can afford a professional grant-
writing cadre, whereas others cannot, and that may affect the clar-
ity, completeness, and accuracy of applications. To help bridge this
divide, the Thriving Communities Initiative allows DOT to not only
build the capacity of communities to compete for grants, but also
community and regional planning efforts in combination with other
Federal grant programs with direct, extensive technical assistance
both prior to application submission and post-award. The Com-
mittee directs DOT, to the extent possible, to fund cooperative
agreements that will provide technical assistance, planning, and
capacity building to communities in a variety of geographic areas,
including urban and rural communities. In addition, the Committee
provides $5,000,000 under ‘‘Policy Development and Research’’
within the Department of Housing and Urban Development (HUD)
for an interagency collaborative initiative to ensure housing and in-
frastructure development are taken into consideration in the ad-
ministration of the Thriving Communities Initiative.
Cooperation and coordination among the Departments of HUD,
Health and Human Services (HHS), Education (ED), and Labor
(DOL); the U.S. Army Corps of Engineers (USACE); the Environ-
mental Protection Agency (EPA); and other Federal agencies is crit-
ical to increasing mobility, reducing pollution from transportation
sources, expanding affordable transportation options, facilitating ef-
ficient land use, preserving or expanding jobs, improving housing
and health conditions, and enhancing connections to health care,
education, and food security. As such, the Committee directs DOT
to work with HUD, HHS, ED, DOL, USACE, EPA, and any other
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Federal agencies DOT deems appropriate to identify Federal re-
sources that complement the Thriving Communities Initiative, to
improve cross-agency coordination with respect to NOFOs, where
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16
appropriate, and to consider incentives for potential applicants to
plan for or execute Federal funding comprehensively toward the
goal of addressing persistent barriers that prevent a community
from thriving. Further, the Committee reminds DOT of the require-
ment in House Report 117–99 to brief the House and Senate Com-
mittees on Appropriations on its multi-agency engagement.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU
Appropriation, fiscal year 2022 ......................................................... $3,800,000
Budget request, fiscal year 2023 ....................................................... 3,850,000
Recommended in the bill ................................................................... 3,800,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ ¥50,000
The National Surface Transportation and Innovative Finance Bu-
reau (Bureau) administers and coordinates the Department’s exist-
ing transportation finance programs and the INFRA competitive
grant program and provides technical assistance and outreach to
communities on financing and funding opportunities for transpor-
tation infrastructure.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $3,800,000 for the Bu-
reau.
Asset classes.—The Committee is encouraged that the Bureau is
finalizing plans to expand its portfolio to asset classes such as tran-
sit-oriented development, airport, port, rail, fleet electrification,
electric car charging stations, the adoption of transformative tech-
nology, and loans to state infrastructure banks for rural and under-
served communities. Not less than 60 days after the date of enact-
ment of this Act, the Bureau shall brief the House and Senate
Committees on Appropriations on streamlining and developing the
delivery of transformative projects with an expansive asset class.
Rural Opportunities to Use Transportation for Economic Success
(ROUTES).—Section 25010 of the IIJA codified both the ROUTES
Office and Council to coordinate technical and financial assistance
across operating modes for rural communities, Tribes, and histori-
cally disadvantaged communities. The Committee encourages the
Bureau to continue overseeing ROUTES activities and supporting
the Council.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The railroad rehabilitation and improvement financing (RRIF)
program was established in the Transportation Equity Act for the
21st Century (P.L. 105–78) to provide direct loans and loan guaran-
tees to state and local governments, government-sponsored entities,
and railroads. Credit assistance under the program may be used
for rehabilitating or developing rail equipment and facilities, devel-
oping or establishing intermodal facilities, and transit-oriented de-
velopment.
COMMITTEE RECOMMENDATION
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The Act authorizes the Secretary to issue direct loans and loan
guarantees pursuant to chapter 224 of title 49, United States Code.
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17
RRIF credit risk premiums (CRPs).—Section 109 of the Consoli-
dated Appropriations Act, 2022 provided $10,000,000 to support the
repayment of CRPs, with interest, for eligible loans in cohort 3. The
Committee understands that the Department is working to imple-
ment section 109 and directs the Department to work diligently to
make such repayments to borrowers in cohort 3 that have satisfied
the terms of their loan agreements as required by section 109.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2022 ......................................................... $5,000,000
Budget request, fiscal year 2023 ....................................................... 5,000,000
Recommended in the bill ................................................................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The financial management capital program supports a multi-year
project to upgrade the Department’s financial systems, processes,
and reporting capabilities. The program implements requirements
to comply with Federal laws, regulations, and standards regarding
the oversight of Federal funds.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $5,000,000 for the fi-
nancial management capital program.
CYBER SECURITY INITIATIVES
Appropriation, fiscal year 2022 ......................................................... $39,400,000
Budget request, fiscal year 2023 ....................................................... 48,100,000
Recommended in the bill ................................................................... 48,100,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +8,700,000
Budget request, fiscal year 2023 ................................................ –––
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 to reduce the risk of secu-
rity breaches.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $48,100,000 to provide
the necessary resources for DOT to enhance its cyber security pro-
gram and capabilities.
OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2022 ......................................................... $11,564,000
Budget request, fiscal year 2023 ....................................................... 20,555,000
Recommended in the bill ................................................................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,436,000
Budget request, fiscal year 2023 ................................................ ¥5,555,000
The Office of Civil Rights is responsible for advising the Sec-
retary on civil rights and equal opportunity issues and ensuring
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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-
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18
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 $15,000,000 for the Of-
fice of Civil Rights.
Disadvantaged business enterprise (DBE) revenue caps.—Pursu-
ant to the IIJA, the size standard for businesses seeking to partici-
pate in the DBE program for Federal Highway Administration and
Federal Transit Administration-assisted contracts is $28,480,000 in
annual receipts, whereas the size standard for businesses seeking
to participate in the DBE program for Federal Aviation Adminis-
tration (FAA)-assisted contracts or the Airport Concession DBE
(ACDBE) programs is based on Small Business Administration
(SBA) size standards, which is a function of either annual receipts
($2,500,000–41,500,000) or number of employees (100–15,000) by
type of industry. The Committee directs DOT to analyze and sub-
mit a report to the House and Senate Committees on Appropria-
tions not later than one year after the date of enactment of this Act
on the administrative and programmatic effects of different size
standards across operating administrations, specifically, ease of ap-
plication by businesses and certification by DOT; usage rate by
project sponsors once certified; number of businesses that are cer-
tified for FHWA, FTA, and FAA DBE programs; the number of
FAA certified DBEs that would qualify for the FHWA and FTA
DBE programs using the SBA size standards; and the need for ex-
panding DBE to other operating administrations.
Language access plan (LAP).—The Committee is pleased that the
Department expects to update its LAP by the end of fiscal year
2023. The purpose of the LAP is to provide greater access and par-
ticipation in public services, programs, and activities for persons
with limited or no-English proficiency.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $29,863,000
Budget request, fiscal year 2023 ....................................................... 19,648,000
Recommended in the bill ................................................................... 19,648,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥10,215,000
Budget request, fiscal year 2023 ................................................ –––
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
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The Committee recommendation provides $19,648,000 for trans-
portation planning, research, and development activities, of which
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19
$7,136,000 is for the Interagency Infrastructure Permitting Im-
provement Center.
Menstrual products.—The Committee recognizes that public
transportation spaces are frequently visited by people who may
lack access to menstrual products and adequate facilities to man-
age their menstruation. The Committee directs the Secretary to
submit a report to the House and Senate Committees on Appro-
priations not later than one year after the date of enactment of this
Act on the feasibility, scope, and cost of making menstrual, or pe-
riod, products widely available, at no cost to travelers, in the pub-
licly available restrooms of airports, train stations, and bus sta-
tions.
Non-traditional and emerging transportation technology (NETT)
council.—The Committee supports the NETT council’s work to co-
ordinate emerging technology issues across all modes of transpor-
tation and notes that section 25008 of the IIJA formally authorized
the NETT council. Of the amounts provided under this heading,
the Committee provides up to $1,000,000 for the Council to identify
and resolve jurisdictional and regulatory gaps or inconsistencies as-
sociated with safety, environmental reviews, and funding and fi-
nance. The Committee believes the Council’s work should not be
conducted mode by mode, but also should include multimodal con-
nections such as surface transportation and advanced air mobility.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Limitation, fiscal year 2022 ............................................................... $419,173,000
Budget request, fiscal year 2023 ....................................................... 505,285,000
Recommended in the bill ................................................................... 505,285,000
Bill compared with:
Limitation, fiscal year 2022 ........................................................ +86,112,000
Budget request, fiscal year 2023 ................................................ –––
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 $505,285,000 on the
Department’s WCF administrative and commodity information
technology activities.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2022 ......................................................... $4,977,000
Budget request, fiscal year 2023 ....................................................... 7,094,000
Recommended in the bill ................................................................... 7,094,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,117,000
Budget request, fiscal year 2023 ................................................ –––
The Office of Small and Disadvantaged Business Utilization and
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Outreach (OSDBU) assists small, disadvantaged businesses and
businesses owned by minorities and women in competing for con-
tracting opportunities with the Department and Department-fund-
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20
ed contracts or grants for transportation-related projects. The office
also provides technical and financial assistance, bonding education,
training, counseling, and procurement assistance, and administers
the Department’s Small Business Transportation Resource Center
program.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $7,094,000 for the
small and disadvantaged business utilization and outreach account.
Women in transportation initiative (WITI).—The OSDBU admin-
isters the WITI, which helps place qualified women who are en-
rolled in college into transportation-related internships in the pub-
lic and private sectors. This program serves to increase the partici-
pation of women in the transportation industry, creates ladders of
opportunity for women in the fields of science, technology, engi-
neering, and mathematics and strengthens transportation-related
women-owned small businesses. The Committee includes funding
under this heading to ensure continued support for the WITI pro-
gram.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $350,000,000
Budget request, fiscal year 2023 ....................................................... 368,727,000
Recommended in the bill ................................................................... 354,827,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +4,827,000
Budget request, fiscal year 2023 ................................................ ¥13,900,000
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
The following table shows the appropriation, overflight fees, and
total program levels for the EAS program.
Overflight fees
Appropriation Total
Estimate
FY22 Enacted .............................................................................................. $350,000,000 $116,418,744 $466,418,744
Request ....................................................................................................... 368,727,000 81,273,901 450,000,901
Recommendation ......................................................................................... 354,827,000 122,160,297 476,987,297
The Committee directs the Department to utilize all collected
overflight fees, including accumulated unobligated balances, and
provides an additional $354,827,000 for this vital link between
small communities and the nation.
Program updates.—The Department has been challenged in de-
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termining the level of appropriated funding necessary for the EAS
program due to decreases in overflight fees, increases in carrier
costs, and multiple program eligibility waivers. The Department is
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21
directed to provide the House and Senate Committees on Appro-
priations quarterly briefings on the timing and amount of fee col-
lections, obligations, outlays, and carrier contracts associated with
the EAS program.
ELECTRIC VEHICLE FLEET
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... –––
Budget request, fiscal year 2023 ....................................................... $16,000,000
Recommended in the bill ................................................................... 11,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +11,000,000
Budget request, fiscal year 2023 ................................................ ¥5,000,000
This appropriation supports the Administration’s goal of
transitioning to a fully zero emission vehicle (ZEV) Federal fleet.
These funds will be used for the acquisition and deployment of ve-
hicles which are battery electric, plug-in electric hybrid, and hydro-
gen fuel cell vehicles. Funding will also be used to acquire the nec-
essary vehicle charging and refueling infrastructure.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $11,000,000 to transi-
tion DOT’s vehicle fleet to ZEV. Not later than 90 days after the
date of enactment of this Act, the Secretary shall submit a ZEV
transition plan to the House and Senate Committees on Appropria-
tions specifying the quarterly goals for the number and cost of ZEV
leased and purchased by make, type, and location; the cor-
responding number and value of vehicles returned or disposed by
make, type, and location; and the cost and location of installing or
modifying existing refueling stations. Not later than 90 days after
the date of the submission of the ZEV transition plan, the Sec-
retary shall submit quarterly progress reports to the House and
Senate Committees on Appropriations on the transition plans.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
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 utilize not more
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than $1,000,000 in fiscal year 2023 unused transit and van pool
benefits to provide contractual services in support of section 189 of
this Act.
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22
Section 105 prohibits the use of funds for certain employee bo-
nuses without the prior written approval of the Assistant Secretary
for Administration.
Section 106 permits the WCF to transfer certain information
technology, equipment, software, and systems under certain cir-
cumstances.
Section 107 requires congressional notification before the Depart-
ment provides credit assistance under the Transportation Infra-
structure Finance and Innovation Act program.
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 to 1926. When the Department of Transportation began its
operations in 1967, the FAA became one of several modal adminis-
trations within the Department. The FAA’s mission expanded in
1995 with the transfer of the Office of Commercial Space Transpor-
tation from the Office of the Secretary and contracted in December
2001 with the transfer of civil aviation security activities to the
Transportation Security Administration.
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,
engineering, and development accounts to modernize air traffic con-
trol along with private sector stakeholders.
NextGen Advisory Committee (NAC).—The Committee believes
that the NAC includes an appropriate mix of the aviation commu-
nity, including representatives from general aviation, commercial
aviation, labor organizations, airports, local community representa-
tives, and the Federal government. The Committee supports the
current diverse NAC membership and believes that the NAC per-
forms an important role in setting priorities for the FAA’s air traf-
fic control modernization efforts. The Committee encourages the
FAA to implement NAC recommendations and directs the FAA to
provide an annual update on the status of NAC recommendations
to the House and Senate Committees on Appropriations.
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $11,414,100,000
Budget request, fiscal year 2023 ....................................................... 11,933,821,000
Recommended in the bill ................................................................... 11,870,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +455,900,000
Budget request, fiscal year 2023 ................................................ ¥63,821,000
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 supports administrative
and managerial costs for the FAA’s regulatory, international, med-
ical, engineering, and development programs as well as policy over-
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sight 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
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23
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
The following table shows a comparison of the budget request
and the Committee recommendation by budget activity.
FAA Operations Activities Request Recommendation
Aviation Safety ............................................................................................................. $1,645,268,000 $1,645,018,000
Air Traffic Organization ............................................................................................... 8,797,544,000 8,760,044,000
Commercial Space Transportation .............................................................................. 42,504,000 33,675,000
Finance and Management ........................................................................................... 918,049,000 915,049,000
NextGen and Operations Planning .............................................................................. 65,581,000 65,581,000
Security and Hazardous Materials Safety ................................................................... 159,657,000 153,447,000
Staff offices ................................................................................................................. 305,218,000 297,186,000
Total, Operations ................................................................................................ $11,933,821,000 $11,870,000,000
Aviation safety.—Safety must be ensured for every product, proc-
ess, and person, including passengers, in the national airspace sys-
tem. Every achievement in aircraft design, manufacturing, and
maintenance; airport operations; and air traffic control should be
managed and measured in terms of safety, without advantage to
any manufacturer, operator, technology, or airport. The Committee
continues to support a systems and interdisciplinary approach to
aviation safety to identify the root causes, circumstances, and con-
ditions of human error and to minimize the frequency and impact
of human error.
Consistent with the request, the Committee provides an increase
of $17,496,000 within the Operations account for implementation of
the Aircraft Certification, Safety, and Accountability Act (ACSAA)
(P.L. 116–260) and strengthening aviation safety oversight. This is
the fourth increase in a series of investments to respond to the nu-
merous recommendations made by multiple safety oversight enti-
ties that completed or have yet to complete their review or inves-
tigation of the 737 MAX accidents or to implement recent legisla-
tion.
The Committee directs the FAA to provide quarterly progress re-
ports to the House and Senate Committees on Appropriations on
its response to the recommendations of the National Transpor-
tation Safety Board, the DOT Special Committee to Review FAA’s
Aircraft Certification Process, the Joint Authorities Technical Re-
view, and the Indonesian National Transportation Safety Com-
mittee and the mandates in the ACSAA.
The Committee supports the FAA’s mandatory and voluntary
safety management systems (SMS) programs for air carriers, air-
ports, and manufacturers and the application of SMS to the FAA
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itself. The value of SMS is not as a compliance tool, but as an ap-
proach to incorporate safety, or accident prevention, in organiza-
tional success as much as being on time and on budget. After a cen-
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24
tury of commercial flight, the relatively easily accessible and adapt-
able aspects of safety have been addressed. What remains are the
most expensive, most complicated, and most intricate problems at
the tail ends of the risk distribution curve that SMS can help un-
cover.
Approval for the use of alternate dispatch locations does not re-
lieve operators of their regulatory obligations. Not later than 30
days after the enactment date of this Act, the FAA shall brief the
House and Senate Committees on Appropriations on alternate dis-
patch locations, including the historical and current usage, ap-
proval process, reported safety concerns, and regulatory compli-
ance.
Advanced air mobility (AAM).—The Committee continues to sup-
port the FAA’s work on AAM, including aircraft certification, air
traffic operations, landing site approval, infrastructure, and flight
standards requirements. Such work should include maximizing the
existing regulatory system to the greatest extent and prioritizing
agency internal and interagency coordination and planning to fa-
cilitate the introduction of these aircraft and enabling autonomy
and other technologies. The Committee directs the FAA to ensure
the timely completion of the proposed Special Federal Aviation Re-
quirement which will enable commercial operations and pilot li-
censing in a manner that meets the FAA’s stated goals of com-
pleting this by December 31, 2024.
Authorization acts.—The Committee directs the FAA to submit a
report to the House and Senate Committees on Appropriations on
March 2, 2023, and September 8, 2023, on the status of implemen-
tation of the provisions in the FAA Reauthorization Act of 2018
(P.L. 115–254), including a list of all mandates and associated
deadlines, the primary office responsible for executing each man-
date, and actions taken to date on implementing each mandate.
Community engagement and noise.—Communities experience
vast transportation and economic benefits from their airports, but
they are also burdened with an unwanted byproduct—aircraft
noise. The FAA regulates aircrafts and their operators and airports
for safety, but, as the Federal face of aviation, it also has a duty
to provide leadership among those who generate noise and those
who experience it daily. The FAA is the only one among them that
has the technical capability to collect, analyze, and explain the re-
sult of decisions made in total by airlines, airports, aircraft manu-
facturers, pilots, state and local officials, residential developers,
real estate agents, and local businesses. The FAA should, when ap-
propriate, invite Federal agencies that operate military, law en-
forcement, or rescue aircraft, such as the Departments of Defense
and Homeland Security, to participate in community noise events.
In furtherance of this goal, the Committee provides the requested
increase in the Operations account to support regular engagement
with communities affected by noise.
As a consequence of a nationwide survey on aircraft noise annoy-
ance, the FAA is undertaking a comprehensive noise policy review
to reexamine its noise metrics. The Committee is pleased that the
FAA is challenging its own long-held beliefs about noise, including
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whether the day-night average sound level (DNL) is the appro-
priate measure and whether 65 decibels is the appropriate thresh-
old for noise tolerance. The Committee reminds the FAA that the
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25
update to the House and Senate Committees on Appropriations
about the noise policy review process, participants, and timetable
is overdue.
Without deferring any safety-related activities, the Committee di-
rects the FAA to prioritize funding to increase the FAA’s commu-
nity engagement capacity, including participating in community
roundtables and meetings with local officials; to operate and main-
tain the FAA Noise Portal, which was launched in 2020 to collect
noise complaints and make aggregated information about noise
complaints available to the public; and to fulfill Congressional man-
dates related to aircraft noise, such as completion of the airport
noise mitigation and safety study report on aircraft noise exposure
and the study on potential health and economic impacts of over-
flight noise. The Committee encourages the NextGen Advisory
Council and Research, Engineering and Development Advisory
Committee to include community representatives in their meetings
and membership and to include noise and emissions on their agen-
das.
The Committee reminds the FAA that the report on activities un-
dertaken by the Regional Ombudsmen, who serve as the regional
liaison on issues regarding aircraft noise, pollution, and safety, as
required by the Consolidated Appropriations Act, 2021 (P.L. 116–
260), is overdue.
The Committee remains concerned with the proliferation of heli-
copter noise and reminds the FAA that it has a range of oper-
ational and non-operational tools to address the helicopter noise
complaints. The Committee recognizes the need for the FAA to de-
velop a strategy for applying the appropriate remedy to the appro-
priate circumstances and is encouraged that the FAA is developing
a mechanism, that may have national application, for collecting
and sharing data about helicopter complaints in the Washington,
D.C. area because of large number of military helicopter operators,
amount of restricted airspace, and proximity of commercial air-
ports. The FAA and the National Park Service have recently been
developing air tour management plans to address the impact of
aviation, including helicopter noise on national parks. Similar ef-
forts are needed to address other circumstances such as densely
populated urban centers. In the meantime, the Committee directs
the FAA to promote best practices for helicopter hovering and elec-
tronic news gathering, conduct outreach to helicopter pilots to in-
crease their awareness of noise sensitive areas and events, and
continue to participate in collaborative engagement between com-
munity representatives and helicopter operators.
Contract tower program.—The Committee recommendation in-
cludes $187,800,000 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 the
FAA to continue to operate the 260 contract towers currently in the
program, annualize funding for towers that will be added in 2022,
and provide full-year funding for new airports expected to be added
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to the program in fiscal year 2023.
FAA organization chart.—To understand how the FAA’s organi-
zational structure reflects its strategic and performance goals, the
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26
Committee directs the FAA to submit to the House and Senate
Committees on Appropriations accurate and comprehensive organi-
zational charts of each service, division, and office not later than
December 1, 2022.
Fuel dumping.—The Committee reiterates its concern over the
fuel dump that occurred over Los Angeles on January 14, 2020,
and reminds the FAA that it is overdue in submitting a report re-
quired by the Consolidated Appropriations Act, 2021 on the annual
occurrences of fuel dumps in the United States over the fiscal year
2015–2020 period, including the location of the fuel dumps, the
amount of fuel dumped, the population density of the community
over which the fuel dump location occurred, if the fuel dump oc-
curred over land, and the FAA’s process for reviewing fuel dumps.
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 this program and urges the FAA to continue
this program from within available resources.
Obstructions.—Among the ways that the FAA promotes the safe
and efficient use of navigable airspace is by determining if the
aeronautical effects of ground structures—such as buildings, anten-
nas, wind and nonwind turbines, and radio towers—pose a hazard
and working with the applicant to mitigate the risks. The Com-
mittee appreciates that multiple offices within the Air Traffic Orga-
nization are responsible for different aspects of the studies needed
to make this determination and is aware of the backlog of 40,000
requests for them, including 2,000 for wind turbines. The Com-
mittee directs the FAA to brief the House and Senate Committees
on Appropriations not later than 120 days after the date of enact-
ment of this Act on the root causes of the backlog, the age of the
backlog by type of structure, the evaluation process, and the work-
load prioritizations.
Policy and guidance.—Aviation operators, manufacturers, pilots,
and airports continue to experience challenges associated with
delays in promulgation of rulemakings, decisions on policy matter,
and issuance of guidance critical to safety and innovation. The
Committee understands that U.S. airspace is both the most com-
plicated and crowded in the world and the competing demands to
update existing policy and guidance and the need to address new
and novel issues. Both are needed and both must be done carefully,
methodically, and in the national interest. The Committee directs
the FAA to make resources available and to provide active manage-
ment to support rulemaking, policy decision-making, and guidance
and to brief the House and Senate Committees on Appropriations
by not later than March 31, 2023, on its progress.
Spaceports.—The Committee reminds the FAA that the report on
national spaceports policy required by section 580 of the FAA Au-
thorization Act of 2018 is overdue. As part of that report, the FAA
is mandated to evaluate the Federal government’s national security
and civil space transportation needs and propose policies and pro-
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grams to ensure a robust orbital and suborbital spaceport infra-
structure. According to GAO–21–154 Commercial Space Transpor-
tation, the FAA has identified two existing programs (the Space
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27
Transportation Infrastructure Matching Grant (STIM) and the Air-
port Improvement Program (AIP)), but has not comprehensively as-
sessed their effectiveness for supporting spaceport infrastructure.
Not less than 180 days after the submission of the report on na-
tional spaceports policy to Congress, the FAA shall submit an as-
sessment of the effectiveness and suitability of STIM, AIP, and
other funding and finance programs for infrastructure at DOT and
other Federal agencies for spaceports consistent with the report on
national spaceports policy.
Workforce diversity, hiring, and training.—To further the goal of
workforce diversity, $7,500,000 of the amounts provided for staff of-
fices is for the Minority Serving Institutions (MSI) internship pro-
gram, which provides students from Historically Black Colleges
and Universities, Hispanic Serving Institutions, students attending
a college or university with a high percentage of Asian American
and Pacific Islanders, Tribal Colleges and Universities, and Stu-
dents with Disabilities the opportunity to participate in internship
opportunities. The Committee is aware of changes to MSI program
structure and recommends greater consultation with the eight offi-
cially recognized employee associations, and reminds the FAA that
the report on MSI program activities required by P.L. 117–103 is
overdue.
The Committee appreciates the FAA’s many efforts to increase
its own workforce diversity and that of the aviation industry at
large and directs the FAA to provide a briefing not later than 120
days after enactment of this Act on how FAA internal programs
(e.g., MSI, Gateway, and People with Disabilities) and FAA-funded
programs (e.g., Aviation Workforce Development Grants and Air
Grant Fellowships) are coordinated with each other to provide
entry, exit, and reentry into the FAA and aviation industry for be-
ginning, mid-career, and experienced workers.
Consistent with the ACSSA, the FAA is directed to continue
prioritizing the hiring and training of personnel in human factors
and system safety analysis to support certification, delegation, and
oversight activities throughout the Aircraft Certification Service
(AIR), including the Aircraft Certification Offices and International
Validation Branch. The recommendation provides not less than
$336,457,000 for AIR, which is $16,000,000 above the request, to
ensure the certification and safety of products and technologies
that could reduce noise and emissions worldwide. The Committee
supports the continued professional development of all FAA per-
sonnel, but especially those in technical fields that are rapidly ad-
vancing in discovery and application, such as modeling, engineer-
ing, artificial intelligence, and computer science. The FAA should
provide institutional support by incorporating professional develop-
ment into an employee’s official work duties as it relates to their
work duties, broadcasting professional development opportunities
to employees, and making use of highly capable human resource
management software. The Committee directs the FAA to provide
the House and Senate Committees on Appropriations with quar-
terly staffing data, including hiring and separations, by program of-
fice for all positions funded by this Act.
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The Committee reminds the FAA that the operational perform-
ance of FAA facilities and equipment determines the resources
needed to maintain them and strongly cautions the FAA against
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28
the temptation of deferring maintenance, which ultimately leads to
both mission and financial degradation. The recommendation in-
cludes $1,918,277,000 for Technical Operations, which is
$15,000,000 above the request, to ensure a sufficient number of
personnel with the appropriate skill mix to keep facilities and
equipment in working order. The FAA is directed to develop a
multi-year workforce plan for all Technical Operations positions to
establish current and future workforce needs to preserve the per-
formance standard of FAA facilities and equipment, taking into ac-
count that the FAA’s portfolio will remain a mix of new and legacy
facilities and equipment. The FAA shall provide a briefing on the
plan to the House and Senate Committees on Appropriations not
less than 180 days after the date of enactment of this Act.
Unfinished rulemakings.—The Committee notes that the FAA
has not met the statutory deadlines to comply with 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 con-
trolled substances testing of persons that perform safety-sensitive
maintenance functions on commercial air carrier aircraft. 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.
Unmanned aircraft systems (UAS).—The diversity of the UAS in-
dustry, the variety of its operational needs, and the wide array of
safety risks and public concerns, such as noise and privacy, with
each type of operation necessitates significant research and coordi-
nation within and outside of the FAA. The Committee rec-
ommendation includes the request for additional staff and re-
sources for UAS integration, including supporting new
rulemakings, managing international activities for emerging tech-
nologies with foreign civil aviation authorities, and greater coordi-
nation among the different offices in the FAA that are responsible
for different aspects of certification.
The Committee notes that the Beyond Visual Line of Sight
(BVLOS) Aviation Rulemaking Committee (ARC) was expected to
submit its recommendations to the FAA in November 2021, but in-
stead submitted them in March 2022. The Committee is concerned
that this delay will also delay the issuance of a final regulation and
directs the FAA to develop a rulemaking plan and strategy not
later than October 1, 2022, detailing how it plans to address the
BVLOS ARC recommendations and the steps and timeline leading
up to final rulemaking. The FAA shall brief the House and Senate
Committees on Appropriations on this plan and strategy not less
than 15 days after submitting it to the Committees. The Committee
notes that the FAA has granted numerous BVLOS waivers ena-
bling low-altitude operations, but needs to create a faster waiver
process. The FAA is encouraged to explore BVLOS standard sce-
narios and pre-defined risk assessments to streamline and stand-
ardize low-risk BVLOS waivers and directed to issue additional
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guidance on applying for low-altitude BVLOS waivers.
Small UAS certification.—The Committee is concerned that the
FAA aircraft type certification process has not kept pace with small
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29
unmanned aircraft systems (UAS) technology, including the ability
to account for software and hardware updates made during or
closely following the period of time an aircraft is undergoing type
certification. The Committee directs the FAA to provide the House
and Senate Committees on Appropriations with a plan within 90
days of enactment of this Act for how and under what timeline it
will refine or redefine the type certification process for small UAS.
The plans should give consideration to the recommendations of the
BVLOS ARC, while ensuring appropriate levels of safety.
Special use airspace.—The FAA restricts the use of airspace for
a variety of reasons such as protecting the president and vice-presi-
dent, military or space operations, or even natural hazards like vol-
canic eruptions. These restrictions mitigate risk, but navigating
around them can increase flight times, distances, and fuel burn.
The Committee supports the FAA’s efforts to work with DOD
through a federally-funded research and development center with
expertise in national security and aviation operations to develop a
system to efficiently share the status, timing, and location of re-
stricted airspace among NAS users. The Committee reminds the
FAA that the fiscal year 2022 requirement to brief the Committees
on the agency’s progress on these efforts is overdue.
Satellite voice (satvoice) communications services.—In accordance
with international agreements, the FAA is responsible for air traf-
fic control for certain oceanic airspace in the Pacific, Atlantic, and
Caribbean. The FAA utilizes both data (controller pilot datalink
communication) and voice (aeronautical mobile communications
service (AMCS)) to provide communication services in this oceanic
airspace. AMCS is a relay service that facilitates the handoff of air
traffic control between the FAA controllers that oversee domestic
airspace and the controllers that oversee international oceanic air-
space. AMCS primarily relies on high frequency (HF) voice and
very high frequency (VHF) voice services. When HF/VHF is un-
available, satvoice is used. The Committee believes mitigating fu-
ture operational risk is important and directs the FAA to conduct
an operational needs analysis for future oceanic communication.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $2,892,887,500
Budget request, fiscal year 2023 ....................................................... 3,015,000,000
Recommended in the bill ................................................................... 2,900,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +7,112,500
Budget request, fiscal year 2023 ................................................ ¥115,000,000
The Facilities and Equipment (F&E) account is the principal
means for modernizing and improving air traffic control and airway
facilities. The appropriation also finances major capital 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
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Condition of FAA facilities and equipment.—To ensure the safety
of airport employees, passengers, and the aviation community, the
FAA conducts an annual assessment of air traffic control towers
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30
across the country, weighing not only the tower’s physical condi-
tion, but also the tower’s effect on airport operations and incidents.
The Committee supports the FAA’s reporting and ranking systems
and strongly recommends that the FAA also collect and consider
the input of local airport directors and air traffic controllers since
they have a first-hand and intimate understanding of airport oper-
ations and incidents. In furtherance of increasing the transparency
of the planning process and program performance, the FAA should
use highly capable software to monitor the condition of its facilities
and equipment, the schedule of replacement and improvement
projects, and costs and contingencies.
Lighting and landing portfolio.—The Committee supports the
FAA’s effort to replace visual aids systems that utilize incandescent
bulbs with light emitting diode that reduce energy usage and in-
cludes not less than $10,000,000 for the procurement, installation,
and commissioning of precision approach path indicators.
Navigational aids monitoring equipment.—The Committee di-
rects the FAA to make funding available to maintain Integrated
Control and Monitoring Systems (ICMS) as long as they remain in
operational use and until such time as these systems are replaced.
Not less than 90 days after the date of enactment of this Act, the
FAA shall brief the House and Senate Committees on Appropria-
tions on the final investment decision to replace ICMS and its
phase out and replacement plan.
NEXCOM radios.—The Committee provides an additional
$5,000,000 for a technical refresh to address power supply failures
and obsolescence issues and bridge the gap between existing radio
infrastructure and NEXCOM phase 3 hardware deployment.
Remote towers.—The FAA is currently evaluating remote tower
technology at two locations as a potential means to enhance safety,
reduce costs, and expand air traffic control services at rural and
small community airports. The FAA anticipates identifying a third
location by the end of calendar year 2022 in accordance with the
criteria in section 161 of the FAA Reauthorization Act of 2018, but
the Committee also urges the FAA to consider the mix of aircraft,
including advanced air mobility, at the appropriate time.
FACILITIES AND EQUIPMENT
(Dollars in thousands)
Request Recommendation
Activity 1—Engineering, Development, Test and Evaluation
Advanced Technology Development and Prototyping ......................................... $25,300 $25,000
William J. Hughes Technical Center Laboratory Sustainment ........................... 16,900 16,900
William J. Hughes Technical Center Infrastructure Sustainment ...................... 15,000 11,000
NextGen—Separation Management Portfolio ..................................................... 18,000 18,000
NextGen—Traffic Flow Management Portfolio ................................................... 21,000 15,000
NextGen—On Demand NAS Portfolio ................................................................. 8,500 8,500
NextGen—NAS Infrastructure Portfolio .............................................................. 25,500 20,850
NextGen Support Portfolio ................................................................................... 5,000 5,000
NextGen—Unmanned Aircraft Systems (UAS) ................................................... 15,000 15,000
NextGen—Enterprise, Concept Development, Human Factors, & Demonstra-
tions Portfolio ................................................................................................. 11,000 11,000
Total, Activity 1 ......................................................................................... 161,200 146,250
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Activity 2—Air Traffic Control Facilities and Equipment
a. En Route Programs
En Route Automation Modernization (ERAM)—System Enhancements and
Tech Refresh .................................................................................................. 108,150 100,000
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31
(Dollars in thousands)
Request Recommendation
Next Generation Weather Radar (NEXRAD) ........................................................ 3,000 3,000
Air Route Traffic Control Center (ARTCC) & Combined Control Facility (CCF)
Building Improvements .................................................................................. 94,700 94,700
Air/Ground Communications Infrastructure ........................................................ 7,700 7,700
Air Traffic Control En Route Radar Facilities Improvements ............................ 6,700 6,700
Oceanic Automation System ............................................................................... 12,250 10,400
Next Generation Very High Frequency Air/Ground Communications (NEXCOM) 52,000 57,000
System-Wide Information Management .............................................................. 10,200 10,200
ADS—B NAS Wide Implementation .................................................................... 155,200 155,200
Windshear Detection Service .............................................................................. 3,200 3,200
Air Traffic Management Implementation Portfolio ............................................. 7,400 7,400
Time Based Flow Management Portfolio ............................................................ 21,300 20,000
NextGen Weather Processor ................................................................................ 30,700 30,700
Data Communications in Support of NextGen Air Transportation System ........ 108,050 108,050
Offshore Automation ........................................................................................... 38,000 38,000
Reduced Oceanic Separation .............................................................................. 7,000 12,000
En Route Service Improvements ......................................................................... 1,000 1,000
Commercial Space Integration ........................................................................... 10,000 10,000
Subtotal, En Route Programs .................................................................... 676,550 675,250
b. Terminal Programs
Terminal Doppler Weather Radar (TDWR)—Provide .......................................... 1,000 1,000
Standard Terminal Automation Replacement System (STARS) (TAMR Phase 1) 62,000 68,000
Terminal Automation Program ............................................................................ 3,000 3,000
Terminal Air Traffic Control Facilities—Replace ............................................... 55,000 55,000
ATCT/Terminal Radar Approach Control (TRACON) Facilities—Improve ........... 79,000 79,000
NAS Facilities OSHA and Environmental Standards Compliance ...................... 27,000 27,000
Integrated Display System (IDS) ........................................................................ 45,000 30,000
Terminal Flight Data Manager (TFDM) ............................................................... 61,800 61,800
Performance Based Navigation Support Portfolio .............................................. 8,000 8,000
Unmanned Aircraft Systems (UAS) Implementation .......................................... 10,000 10,000
Airport Ground Surveillance Portfolio ................................................................. 18,000 18,000
Terminal and EnRoute Surveillance Portfolio ..................................................... 117,400 78,600
Terminal and EnRoute Voice Switch and Recorder Portfolio ............................. 50,100 50,100
Enterprise Information Platform ......................................................................... 13,000 13,000
Remote Towers .................................................................................................... 3,000 3,000
Subtotal, Terminal Programs ..................................................................... 553,300 505,500
c. Flight Service Programs
Aviation Surface Observation System (ASOS) .................................................... 10,000 10,000
Future Flight Services Program .......................................................................... 1,500 1,500
Alaska Flight Service Facility Modernization (AFSFM) ....................................... 2,700 2,700
Juneau Airport Wind System (JAWS)—Technology Refresh ............................... 500 500
Weather Camera Program .................................................................................. 1,200 1,200
Subtotal, Flight Service Programs ............................................................. 15,900 15,900
d. Landing and Navigational Aids Programs
Very High Frequency (VHF) Omnidirectional Radio Range (VOR) Minimum Op-
erating Network (MON) ................................................................................... 7,100 7,100
Wide Area Augmentation System (WAAS) for GPS ............................................. 91,800 91,800
Instrument Flight Procedures Automation (IFPA) ............................................... 3,600 2,000
Runway Safety Areas—Navigational Mitigation ................................................ 2,500 1,800
Landing and Lighting Portfolio .......................................................................... 60,800 67,900
Distance Measuring Equipment (DME), Very High Frequency (VHF) Omni-Di-
rectional Range (VOR), Tactical Air Navigation (TACAN) (DVT) Sustainment
Portfolio .......................................................................................................... 10,000 10,000
Subtotal, Landing and Navigational Aids Programs ................................ 175,800 180,600
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and Management ........................................... 26,200 26,200
Unstaffed Infrastructure Sustainment ............................................................... 56,300 50,000
Aircraft Replacement and Related Equipment Program .................................... 46,200 35,000
Airport Cable Loop Systems—Sustained Support ............................................. 10,000 10,000
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Alaskan Satellite Telecommunications Infrastructure (ASTI) ............................. 500
Real Property Disposition ................................................................................... 4,500 4,500
Electrical Power Systems—Sustain/Support ...................................................... 139,800 135,000
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32
(Dollars in thousands)
Request Recommendation
Energy Management and Compliance (EMC) ..................................................... 6,900 6,900
Child Care Center Sustainment ......................................................................... 1,200 1,200
FAA Telecommunications Infrastructure ............................................................. 69,000 64,200
Operational Analysis and Reporting Systems .................................................... 26,100 15,500
Subtotal, Other ATC Facilities Programs ................................................... 386,700 348,500
Total, Activity 2 ................................................................................ 1,808,250 1,725,750
Activity 3—Non-Air Traffic Control Facilities and Equipment
a. Support Equipment
Hazardous Materials Management ..................................................................... 24,300 24,300
Aviation Safety Analysis System (ASAS) ............................................................ 28,200 28,200
National Air Space (NAS) Recovery Communications (RCOM) ........................... 12,000 12,000
Facility Security Risk Management .................................................................... 14,000 14,000
Information Security ........................................................................................... 23,000 23,000
System Approach for Safety Oversight (SASO) .................................................. 26,700 26,700
Aviation Safety Knowledge Management Environment (ASKME) ....................... 12,000 12,000
Aerospace Medical Equipment Needs (AMEN) ................................................... 2,200 2,200
NextGen System Safety Management Portfolio .................................................. 17,000 17,000
National Test Equipment Program ..................................................................... 3,000 3,000
Mobile Assets Management Program ................................................................. 1,900 1,900
Aerospace Medicine Safety Information Systems (AMSIS) ................................. 16,200 16,200
Configuration, Logistics, and Maintenance Resource Solutions (CLMRS) ......... 19,700 19,700
Subtotal, Support Equipment .................................................................... 200,200 200,200
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure Sustainment ............................................... 20,000 15,000
Distance Learning ............................................................................................... 3,000 2,000
Subtotal, Training, Equipment and Facilities ........................................... 23,000 17,000
Total, Activity 3 ................................................................................ 223,200 217,200
Activity 4—Facilities and Equipment Mission Support
System Engineering and Development Support ................................................. 38,000 37,000
Program Support Leases .................................................................................... 45,000 45,000
Logistics and Acquisition Support Services ....................................................... 12,000 12,000
Mike Monroney Aeronautical Center Leases ....................................................... 16,000 16,000
Transition Engineering Support .......................................................................... 19,000 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 ............................................... 29,350 20,800
Total, Activity 4 ......................................................................................... 252,350 240,800
Activity 5—Personnel and Related Expenses
Personnel and Related Expenses ....................................................................... 570,000 570,000
Total, All Activities .................................................................................... $3,015,000 $2,900,000
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $248,500,000
Budget request, fiscal year 2023 ....................................................... 260,500,000
Recommended in the bill ................................................................... 260,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +12,000,000
Budget request, fiscal year 2023 ................................................ –––
This appropriation provides funding for long-term research, engi-
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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-
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33
tion Act. The appropriation also finances the research, engineering,
and development needed to establish or modify Federal air regula-
tions.
COMMITTEE RECOMMENDATION
Aviation climate and noise research.—The Committee supports
the FAA’s research to reduce greenhouse gas emissions from avia-
tion and strongly encourages the FAA to coordinate its multiple re-
search activities with other Federal agencies.
The recommendation provides $22,163,000 for Environment and
Energy to quantify and characterize the effect of aviation on noise,
air quality, and climate to, among other things, support the devel-
opment of certification procedures, standards, and policies for air-
craft.
The recommendation provides $76,976,000 for NextGen-Environ-
mental Research-Aircraft Technologies and Fuels, of which
$45,000,000 is to support the Continuous Lower Energy, Emissions,
and Noise (CLEEN) program to reduce noise and emissions at its
source—the aircraft engine. The Committee is pleased that the
CLEEN program added reducing community noise exposure and
particulate matter emissions to its goals.
The recommendation provides $35,500,00 for the Center of Excel-
lence for Alternative Jet Fuels and Environment (ASCENT) to de-
velop technologies to mitigate the environmental impact of avia-
tion. The Committee appreciates and encourages ASCENT to con-
tinue its work on the health effects of air pollution surrounding air-
ports, reducing noise and fuel burn of subsonic and supersonic air-
craft, and sleep disturbance.
The Committee notes that the CLEEN program is an important
public-private partnership in the development of alternative and
sustainable jet fuels and that ASCENT is evaluating the barriers
to scaling production to meet the commercial demand for alter-
native and sustainable jet fuels. The Committee encourages the
FAA to share the combined findings of the CLEEN program and
ASCENT with the relevant other Federal agencies to increase the
production and use of alternative and sustainable jet fuels in avia-
tion.
The Committee is encouraged that the FAA and industry stake-
holders recently formed the Eliminate Aviation Gasoline Lead
Emissions (EAGLE) initiative to eliminate the use of leaded avia-
tion fuel by the end of 2030 without adversely affecting the existing
piston-engine fleet. The FAA should provide the House and Senate
Committees with updates on EAGLE’s objectives and activities as
they come into focus.
Aviation professionals.—The Committee supports increasing the
strength and number of aviation professionals who are well-trained
and can be relied upon to make air travel safe and efficient. To
that end, the Committee provides $10,000,000 for the aviation
maintenance technician development program and $5,000,000 for
aviation workforce development program in accordance with section
625 of the FAA Reauthorization Act of 2018.
Crew complements.—The presence of two well-trained, qualified
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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
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34
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.
Emissions reduction plan.—The Committee appreciates that DOT
updated its U.S. Aviation Greenhouse Gas Emission Reduction
Plan, now referred to as the U.S. Aviation Climate Action Plan, in
November 2021 in support of achieving net-zero emissions, econ-
omy-wide by 2050 and then subsequently released it FY2022–2026
Strategic Plan in April 2022. The key performance indicator for the
FAA in the strategic plan is to reduce greenhouse gas emissions
from aviation to at or below 2019 levels and the details on how the
U.S. could reach this goal are in the climate action plan using,
among other things, sustainable aviation fuels, new aircraft tech-
nologies, fleet renewal, and operational improvements. Since
progress will required coordinated action by the aviation industry
and the Federal government, the Committee directs the FAA to
brief the House and Senate Committees on Appropriations on the
expected timeline, sequence, and effect of actions; the roles and re-
sponsibilities of Federal agencies and private industry; and metrics
for measuring progress.
Liquid oxygen (LOX)/methane research.—The Committee directs
the FAA to continue prioritizing its research on the explosive yield
and environmental effects of LOX/methane on public health and
safety in partnership with other Federal agencies and the commer-
cial space industry.
Radio altimeters.—The Committee shares the FAA’s safety con-
cern about the potential for interference from 5G C-Band signals
on aircraft radio altimeters from transmitters located near airports.
The immediate, intermediate, and long-term solutions to safe oper-
ations in the national airspace system requires early and contin-
uous cooperation of wireless service providers, altimeter and air-
craft manufacturers, airlines, airports, the Federal Communica-
tions Commission, the National Telecommunications and Informa-
tion Administration, and the Departments of Transportation, Com-
merce, and Defense. The immediate solution of unpowered or low-
powered transmitters is already giving way to the intermediate so-
lution of retrofitting radio altimeter with filters, which will eventu-
ally be replaced by a long-term solution of more robust performance
standards for radio altimeters. The Committee directs the FAA to
dedicate not less than $5,000,000 towards its own altimeter re-
search (such as designing and conducting flight tests) and to sup-
port voluntary forums with industry partners, such as the FAA 5G
Roundtable and the RTCA (formerly the Radio Technical Commis-
sion for Aeronautics), to not only develop new altimeter perform-
ance standards for 5G, but also prepare for future 6G and 7G
rollouts.
Unmanned aircraft systems (UAS) research.—The Committee
supports the safe integration of UAS into the national airspace sys-
tem, including the continued development of a low-altitude UAS
traffic management system and low altitude authorization and no-
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tification capability program. The Committee provides up to
$12,400,000 for the Center of Excellence for UAS Research.
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35
RESEARCH, ENGINEERING, AND DEVELOPMENT
(Dollars in thousands)
Request Recommendation
Fire Research and Safety .................................................................................................... $7,367 $7,367
Propulsion and Fuel Systems .............................................................................................. 5,471 5,471
Advanced Materials /Structural Safety ............................................................................... 2,886 2,886
Aircraft Icing ........................................................................................................................ 3,353 3,353
Digital System Safety .......................................................................................................... 5,287 5,287
Continued Air Worthiness .................................................................................................... 12,430 10,430
Flight deck/Maintenance/System Integration Human Factors ............................................ 15,292 14,292
System Safety Management/Terminal Area Safety ............................................................. 10,111 10,111
Air Traffic Control/Technical Operations Human Factors ................................................... 5,911 5,911
Aeromedical Research ......................................................................................................... 10,000 8,000
Weather Program ................................................................................................................. 16,178 13,786
Unmanned Aircraft Systems Research ................................................................................ 14,935 14,935
Alternative Fuels for General Aviation ................................................................................ 12,385 12,385
Emerging Technology Accelerator (ETA) .............................................................................. 10,000 –––
Commercial Space Transportation Safety ........................................................................... 5,708 5,708
Wake Turbulence .................................................................................................................. 3,728 3,728
NextGen—Weather Technology in the Cockpit .................................................................... 3,028 7,600
Information/Cyber Security .................................................................................................. 5,500 5,500
Environment and Energy ..................................................................................................... 21,163 22,163
NextGen—Environmental Research—Aircraft Technologies and Fuels ............................. 73,976 76,976
System Planning and Resource Management ..................................................................... 4,141 4,130
Aviation Workforce Development—Section 625 .................................................................. 6,169 15,000
William J. Hughes Technical Center Laboratory Facilities .................................................. 5,481 5,481
Total ............................................................................................................................ $260,500 $260,500
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 obligations
authorization
Appropriation, fiscal year 2022 ........................................................................................... $3,350,000,000 $3,350,000,000
Budget request, fiscal year 2023 ....................................................................................... 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 2022 .................................................................................. ––– –––
Budget request, fiscal year 2023 .............................................................................. ––– –––
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
Airport technology research.—The Committee recommendation
includes not less than $40,828,000 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
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FAA Reauthorization Act of 2018; airport marking and lighting;
airport rescue and firefighting; airport planning and design; wild-
life hazard mitigation; and visual guidance.
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36
Environmental mitigation pilot program.—Section 190 of the
FAA Reauthorization Act of 2018 authorized the Airport Environ-
mental Mitigation Pilot Program to measurably reduce or mitigate
aviation impacts on noise, air quality, or water quality at the air-
port or within five miles of the airport. The FAA released a NOFO
in May 2021, but has yet to make any grant awards. The Com-
mittee directs the FAA to brief the House and Senate Committees
on Appropriations not later than 30 days after the date of enact-
ment of this Act on the design of the pilot program, NOFO, and an
evaluation of and the response to the NOFO.
Firefighting foam.—The Committee is encouraged by DOD’s
progress in developing specifications for firefighting foam and the
FAA’s long-standing research and testing thereof. The Committee
urges the FAA to ensure an orderly transition from current to re-
placement firefighting foam for the safety of passengers and crew-
members, airport firefighters and workers, and the communities
that neighbor airports. The Committee directs the FAA, in coordi-
nation with DOD and EPA, to develop a transition plan not later
than 180 days after the date of the publication of the military spec-
ifications (mil-spec) for firefighting foam. The transition plan
should, at a minimum, achieve the following goals: provide Part
139 airports with information on obtaining EPA guidance on ac-
ceptable environmental limits; best practices for the decontamina-
tion of existing aircraft rescue and firefighting vehicles, systems,
and other equipment previously used to deploy firefighting foam;
and timelines for the release of policy and guidance relating to Part
139 airport implementation plans for obtaining approved mil-spec
products and firefighting personnel training.
Ground safety.—By definition, a safe flight begins and ends with
airport ground operations, which ranges from snow and ice re-
moval; signage and markings; lighting; ground vehicles used for
luggage, fuel, catering, and maintenance; and aircraft movement.
The Committee supports the strategic goals and risk-based ap-
proach of the FAA’s Runway Safety and Airport Safety programs
and appreciates the FAA’s interest in existing and new technology,
as appropriate, to reduce risk. For example, the FAA has studied
foreign object debris (FOD) detection systems as far back as 2005.
As such, the Committee directs the FAA to submit to the House
and Senate Committees on Appropriations a literature review and
cost-benefit analysis of FOD detection systems not later than one
year after the date of enactment of this Act. New on the horizon
is the possibility of aircraft towing systems. The Committee encour-
ages the FAA to study these systems just as extensively as FOD
detections systems as the technology matures.
Sound insulation.—For residences that do not meet the criteria
for the AIP sound insulation program, the FAA and airports should
seek assistance from other Federal agencies and programs, such as
HUD’s Healthy Homes Initiative which makes grants to non-profits
and state and local governments for identifying and correcting resi-
dential health and safety hazards. Among these hazards are mold,
noise, and pests.
State block grant program.—The Committee is concerned that
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some states participating in the Airport Improvement Program
State Block Grant Program may not be able to effectively admin-
ister IIJA or annual appropriations funding provided for general
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37
aviation and commercial service airports that are not primary air-
ports, resulting in unspent grant funding. The Committee directs
the FAA to evaluate whether these states have the organizational
capacity to administer these funds and are making full use of FAA
policy that allows states to use grant funds for the direct adminis-
trative costs of airport projects, and if any associated unspent grant
funding affects the safety and security needs of the national air-
space system. The FAA is directed to brief the House and Senate
Committees on Appropriations on its findings not later than 90
days after the date of enactment of this Act.
Voluntary Airport Low Emissions (VALE) program.—The VALE
program is an opportunity for airports to meet their obligations
under the Clean Air Act. Among the types of eligible projects are
electric ground support equipment like bag tugs and belt loaders;
natural gas refueling stations; geothermal heating; and electric
preconditioned air and ground power converter units. The Com-
mittee urges the FAA to remind airports that successful projects
include early coordination with the FAA and collaboration with car-
riers to identify projects suitable for the VALE program.
GRANTS-IN-AID FOR AIRPORTS
Appropriation, fiscal year 2022 ......................................................... $554,180,000
Budget request, fiscal year 2023 ....................................................... –––
Recommended in the bill ................................................................... 272,604,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥281,576,000
Budget request, fiscal year 2023 ................................................ +272,604,000
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
The Committee recommendation includes $272,604,000 in discre-
tionary funding, which is available for community projects in ac-
cordance with the table at the end of this report and for additional
grants for airport infrastructure.
Prioritization for additional grants for airport infrastructure.—
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 remaining funds for
grants at medium hub and large hub airports.
Temporary flight restrictions.—Section 119E of P.L. 117–103
made up to $3,500,000 available to the FAA to reimburse certain
airport sponsors and other aviation tenants that are closed during
temporary flight restrictions for any residence of the President that
is designated or identified to be secured by the United States Se-
cret Service. The Committee believes this amount is sufficient to
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cover all applicable financial losses for the current term of the
President, and directs the FAA to notify the House and Senate
Committees on Appropriations if additional funding is necessary.
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38
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 for adopting 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.
Section 113 allows reimbursement of funds for providing tech-
nical assistance to foreign aviation authorities to be credited to the
operations account.
Section 114 prohibits funds 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 requires the Secretary to block the identifying infor-
mation of an owner or operator’s aircraft in the aircraft in any
flight tracking display to the public upon the request of an owner
or operator.
Section 117 prohibits funds for salaries and expenses of more
than nine political and Presidential appointees in the FAA.
Section 118 prohibits funds 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 aero-
nautical navigation products and explains how such fees are con-
sistent with Executive Order No. 13642.
Section 119 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 119A prohibits funds from being used to change weight
restrictions or prior permission rules at Teterboro Airport in New
Jersey.
Section 119B prohibits funds from being used to withhold from
consideration and approval certain application for participation in
the contract tower program, or for certain reevaluations of cost-
share program participation.
Section 119C 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.
Section 119D improves the efficiency of the FAA franchise fund.
Section 119E provides restrictions on the use of the authorities
under 49 U.S.C. 44502(e) to transfer certain air traffic system or
equipment to the FAA.
Section 119F allows funds from the ‘‘Grants-in-Aid for Airports’’
account to reimburse airports affected by temporary flight restric-
tions for residences of the President.
FEDERAL HIGHWAY ADMINISTRATION
The Federal Highway Administration (FHWA) provides financial
assistance to the states to construct and improve roads and high-
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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-
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39
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 2022 ......................................................... $466,964,697
Budget request, fiscal year 2023 ....................................................... 476,783,991
Recommended in the bill ................................................................... 476,783,991
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +9,819,294
Budget request, fiscal year 2023 ................................................ –––
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 $476,783,991.
Implementation of the Native American Tourism Improving Vis-
itor Experience (NATIVE) Act.—The Committee recognizes the im-
portance of cross agency coordination in delivering multisector solu-
tions to tribal communities and continues to encourage the Depart-
ment to work with the Department of the Interior and implement
the requirements of the NATIVE Act (P.L. 114–221).
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Limitation on obligations *
Appropriation, fiscal year 2022 ........................................................ $57,473,430,072
Budget request, fiscal year 2023 ..................................................... 58,764,510,674
Recommended in the bill .................................................................. 58,764,510,674
Bill compared with:
Appropriation, fiscal year 2022 ................................................ +1,291,080,602
Budget request, fiscal year 2023 .............................................. –––
* These amounts do not include $739,000,000 of contract authority exempt from the limitation on obligations.
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-
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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-
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40
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 Infrastructure In-
vestment and Jobs Act, the Committee recommends a total pro-
gram level of $58,764,510,674 for the regular Federal-aid highway
program in fiscal year 2023.
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, which outlines numerous projects that are
essential to understanding the impacts of different truck configura-
tions on driver safety, the service life and deterioration rates of
bridges, and the condition of pavement, as well as potential im-
pacts of such changes on the long-term solvency of the Highway
Trust Fund. The Committee notes that it has not yet received the
implementation plan required by Congress in fiscal year 2020 and
directs FHWA to brief the House and Senate Committees on Ap-
propriations on its progress to finalize the implementation plan
within 30 days of enactment of this Act. The results of this re-
search should be considered by the Department and Congress be-
fore any national changes in truck length or weight policy are con-
sidered.
Structurally deficient bridges.—The Committee is concerned with
the large number of structurally deficient bridges in the United
States. The U.S. Department of Transportation’s June 2015 Com-
prehensive Truck Size and Weight Technical Reports Summary
found that 4,845 bridges would need to be strengthened or replaced
to handle additional stress if Federal truck weights were increased
to 91,000 pounds. The Committee is concerned that Federal poli-
cies, including the consideration of increased Federal truck
weights, may result in greater funding needs that the Highway
Trust Fund may not be unable to sustain. As such, the Committee
directs DOT to provide consideration of the repair of structurally
deficient bridges as part of its implementation plan for the nation’s
bridge inventory.
Bridge investment program and bridge formula program.—The
Committee is pleased with the FHWA’s efforts to move expedi-
tiously to issue guidance and funding for the bridge formula pro-
gram and subsequently, the NOFO for the bridge investment pro-
gram which kickstarts historic annual investments in bridge infra-
structure improvements for our nation’s bridges. However, the
Committee is concerned that many state and local entities receiv-
ing funding through these programs may not have corrosion man-
agement systems in place that will allow them to meet the pro-
grams’ goals of reducing the number of bridges in America in poor
condition. The Committee directs the Department to work closely
with eligible entities under these programs to assist them with the
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establishment or improvement of state and local corrosion manage-
ment systems that include industry-recognized standards and cor-
rosion mitigation and prevention methods.
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41
Permeable pavements.—The Committee continues to encourage
the Secretary to accelerate research, demonstration, and deploy-
ment of permeable pavements to achieve flood mitigation, pollutant
reduction, stormwater runoff reduction, environmental conserva-
tion, and resilience for new road construction and retrofit of exist-
ing 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 peri-
ods of inundation, to understand the mechanisms of flood damage
and how permeable pavements might be used to prevent or reduce
damage from future flooding. Furthermore, the Secretary is encour-
aged to work with the Federal Emergency Management Agency
(FEMA) and the Environmental Protection Agency (EPA) as both
agencies are also doing work in the area of permeable pavements
and a cross-agency collaboration may yield more innovation. In
House Report 117–99, the Committee directed the Department to
submit a report detailing current efforts, utilization, and research
within FHWA and efforts made with FEMA and EPA and the Com-
mittee looks forward to the forthcoming report.
Material neutrality.—The Committee supports the FHWA’s work
to promote research, development, and deployment of building solu-
tions that advance the performance, sustainability, reliability, and
resiliency of building materials. The Committee encourages the De-
partment to support material neutral decisions that do not promote
or provide preference for specific building materials. The Com-
mittee believes that Federal resources are best utilized when all
materials are considered on their own merits, allowing for the best
solutions to address our infrastructure challenges.
Aggregates sustainability.—Aggregates are essential to the con-
struction of highways, bridges, tunnels, and all types of public
works projects and sustainable access to these materials is crucial
in reducing costs, congestion, and emissions. The Department is di-
rected to continue working with U.S. Geological Survey and stake-
holders to ensure information on the availability of aggregates
meets the nation’s infrastructure needs. The Committee reminds
DOT of the requirement in the House Report 117–99 to provide a
report to the House and Senate Committees on Appropriations on
how it can best address the challenge of the lack of sustainable ag-
gregates resources in communities across the nation. The Depart-
ment is encouraged to work with relevant Federal agencies, as well
as state, tribal, and local transportation and planning agencies to
further these efforts.
Concrete production.—The Committee understands that a bi-
product of concrete production, which is a critical component in
most transportation projects, are greenhouse gas emissions. Con-
sidering the significant investment in the nation’s infrastructure
through the IIJA, the Committee supports efforts to reduce emis-
sions in concrete production. The Committee encourages the De-
partment to prioritize concrete manufacturing practices to reduce
greenhouse gas emissions in transportation projects.
Safe systems.—More than 36,000 people are killed each year in
traffic crashes, and road traffic crashes are the world’s leading
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cause of death for children and young adults 5–29 years of age. The
Committee remains concerned by the staggering number of pedes-
trian fatalities each year involving vehicles and is aware that an
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42
increasing number of municipalities are developing plans to signifi-
cantly reduce these incidents. The Committee supports the critical
work that FHWA is doing to define, support, and encourage adop-
tion of a safe systems approach to reduce and eventually eliminate
fatalities and serious injuries on our nation’s roadways. The Com-
mittee directs FHWA to continue to work with the Road to Zero Co-
alition and other safety stakeholders to accelerate adoption of a
safe systems approach by state and local transportation agencies.
As part of establishing safe systems, cities nationwide are devel-
oping interagency Vision Zero plans to connect engineering, edu-
cation, and enforcement with the goal of ending transportation
deaths and serious injuries. The Committee directs FHWA to con-
tinue developing resources and providing technical assistance to
help state and local stakeholders facilitate the implementation of
their Vision Zero plans and strategies to reduce pedestrian fatali-
ties and injuries.
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, House Report 116–452 required FHWA to review its current
policies, rules, and procedures to determine their impact on safety
for road users, particularly those outside automobiles. The Com-
mittee looks forward to receiving this report, and appreciates the
Secretary’s commitment to a complete streets approach. The Com-
mittee continues to direct the Department to disseminate best prac-
tices for complete streets to state and local highway partners.
Additionally, the Committee is pleased that the Department has
elevated the safety needs of pedestrians and cyclists, particularly
through programs such as Safe Transportation for Every Pedes-
trian (STEP). However, the Committee recognizes that thousands
of pedestrian and cyclist injuries and fatalities occur each year be-
cause of unsafe drivers and routes designed primarily for motor ve-
hicles. The Committee directs the FHWA, in collaboration with
other DOT modes and relevant Federal entities, to provide a report
to the House and Senate Committees on Appropriations on a plan
to reduce pedestrian and cyclist injuries and fatalities no later than
90 days after enactment of this Act. The report shall include known
roadway designs that reduce safety risks, best practices to improve
pedestrian and cyclist safety, and a plan for supporting commu-
nities seeking to improve pedestrian and cyclist-oriented infrastruc-
ture.
Safe routes to schools.—The Committee recognizes the important
role infrastructure investments, education, and enforcement efforts
can have in ensuring safe access to schools, hospitals, and transit
stations. Investments in sidewalks, bike paths, and alternative
transportation have proven to increase safety and decrease the
number of deaths and injuries associated with commutes to school,
hospitals, and transit stations. The Committee encourages the
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FHWA to prioritize infrastructure investments that will facilitate
changes to pedestrian and driver behavior and that will have im-
mediate improvements in pedestrian safety. The Committee en-
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43
courages FHWA to work with the National Highway Traffic Safety
Administration (NHTSA), the Safe Routes to School Partnership,
and state and local stakeholders to facilitate safe student access to
schools.
Further, the Committee is aware of a commuter-preferred option
for residents in multiple communities just west of the Delaware
Water Gap National Recreation Area (DEWA), a U.S. Department
of the Interior park. Such options include Route 2001, which is also
a primary route for school buses and ambulances. During adverse
winter weather conditions, Route 2001 becomes the only north-
south route option in southeastern Pike County, Pennsylvania as
DEWA closes an arterial route, which runs inside its boundaries
for just under 30 miles. The Committee continues to be concerned
regarding Route 2001’s ability to handle the increased winter traf-
fic and encourages the Department to work with state and local
stakeholders to address surface conditions and other improvements
needed to alleviate the recurring delays on routes, such as Route
2001, to school buses, ambulances, and commuters when traffic is
redirected to it from arterial routes by DEWA.
Advanced Transportation and Congestion Management Tech-
nologies Deployment (ATCMTD).—Under the Fixing America’s Sur-
face Transportation (FAST) Act (P.L. 114–94), the ATCMTD was
able to fund 5 to 10 projects, annually, to make competitive grants
for the development of model deployment sites for large scale in-
stallation and operation of advanced transportation technologies
with the goal of improving safety, efficiency, system performance,
and return on investment. The levels of funding provided under
this heading will allow the Department to increase research fund-
ing for additional advancements in such transportation tech-
nologies.
Ohio river crossings.—The Committee encourages the Depart-
ment to work with relevant state departments of transportation to
complete unfinished sections of critical interstate corridors, such as
interstate 69, and address capacity constraints at Ohio river cross-
ings along these routes to create a continuous transportation net-
work from Canada to Mexico that will facilitate international trade
and spur economic development.
Alabama highway improvements.—The Committee is aware of
the significance of challenges faced by the southeast region of Ala-
bama along routes that are critical for regional tourism, emergency
evacuations, and provide access to the U.S. Army Aviation Center
of Excellence and Fort Rucker. Due to steep grades along the route
and an increasing number of passenger vehicles and heavily loaded
freight carriers, roads such as highway 167 regularly experience
delayed traffic flows and an increased number of traffic-safety haz-
ards. The Committee continues to encourage FHWA to work with
state and local stakeholders to address safety improvements to al-
leviate delays and chokepoints to ensure a clear route for the trans-
portation of goods and services and for major emergency evacu-
ations.
Virginia highway capacity.—The Committee recognizes the chal-
lenges faced on certain highways in the Commonwealth of Virginia,
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which are critical to the freight network along the east coast. Inter-
state 81, for example, is a corridor in Virginia that is two lanes in
each direction, and when one lane is blocked there is a significant
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44
reduction in capacity. Contributing factors to the long crash clear-
ance times include: lack of capacity, the rolling terrain, lack of reli-
able detour routes, and the constrained configuration. Travel is an-
ticipated to continue to increase on some of these routes, with truck
traffic growing at a faster pace than passenger vehicle traffic. The
Committee encourages FHWA to work with state and local stake-
holders to address surface conditions and other improvements to al-
leviate incident-related delays and backups.
Critical commerce corridors.—The Committee believes critical
commerce corridors, an authorized use of funds in the nationally
significant freight and highway projects program, can improve our
economic efficiency, reduce travel times, and promote safe travel on
our nation’s roads and highways. These corridors include existing
highways where a barrier physically separates lanes dedicated to
heavy commercial trucks from lanes dedicated to passenger vehi-
cles. The Committee encourages DOT to strongly consider applica-
tions for the creation of critical commerce corridors when awarding
grants to individual states.
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.
Cap parks offer communities the opportunity to connect neighbor-
hoods that have long been divided by highways (like the cross
Bronx expressway), reduce traffic congestion, improve air quality,
and bring green space to our highways and roads. The Committee
encourages DOT to explore how transportation funding can be best
used to mitigate the impacts of highway utilization and improve air
quality. The Committee further encourages state departments of
transportation to work with metropolitan planning organizations to
develop and implement state asset management plans to further
the development of cap parks across the country and ensure that
the national highway system effectively and efficiently moves peo-
ple and goods.
Resiliency for coastal roads and highways.—Coastal roads and
highways, which are the lifelines of many communities, are facing
major challenges from the effects of climate change, particularly
sea level rise and coastal erosion. As DOT makes investments in
coastal areas, the Committee continues to urge the Department to
emphasize resiliency and support for roads that are currently in
crisis situations, ensuring that the most vulnerable roads are being
modernized utilizing best practices, and that planning for future
resilient roads take these realities into account.
Resilient building materials.—The Committee encourages the De-
partment to require the use of resilient building materials that will
reduce carbon emissions and nonpoint source pollution, as appro-
priate, in all Federally funded highway projects.
New interstate designations.—The Committee recognizes the ben-
efits that communities achieve when existing roads are designated
as interstates or future interstates, including those that will facili-
tate the safe evacuation of coastal areas. The Committee encour-
ages FHWA to work with the appropriate state departments of
transportation to facilitate the development of these highways. The
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Committee reminds DOT of the requirement in House Report 117–
99 to report to the House and Senate Committees on Appropria-
tions on these efforts.
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45
Innovative technologies.—The Committee urges FHWA to con-
sider the feasibility of utilizing or deploying innovative tech-
nologies, including moveable barriers, that provide congestion re-
lief, improve air quality, and decrease fuel consumption. Innovative
technologies can also offer quick alternatives to costly road con-
struction, result in safer roadways, and help eliminate crossover fa-
talities. The Committee encourages FHWA to consider such tech-
nologies as part of any project for which the Federal government
provides grants.
Redressing historic inequities in our nation’s interstate highway
system.—The construction of our nation’s interstate highway sys-
tem was shaped by systemic racism. There are countless examples
of interstate highways that were directly and purposefully routed
through established minority communities, causing community up-
heaval, loss of homes and businesses, and deep psychological pain.
The reconnecting communities pilot program, established in the In-
frastructure Investment and Jobs Act, provides $1,000,000,000 over
five years for planning and capital grants for supporting the plan-
ning, removal, or retrofitting of existing transportation infrastruc-
ture that creates a barrier to community connectivity. The Com-
mittee encourages the DOT to issue a public report within 270 days
of enactment of this Act with a list of proposed projects and sites
that have been impacted by the construction of the interstate high-
way system and therefore will be eligible to apply for the recon-
necting communities pilot program. The Committee encourages the
Department to address the systemic destruction of communities by
prioritizing projects that reconnect neighborhoods cut off by historic
investments in the interstate highway system and to ensure new
projects increase opportunity, advance racial equity and environ-
mental justice, and promote affordable access.
Bike lanes for equitable, sustainable transportation.—The addi-
tion of high quality bike infrastructure, including trails and pro-
tected bike lanes, is proven to reduce traffic fatalities and open up
opportunities for healthy and zero-carbon transportation. High
quality bike infrastructure opens up access for low-income commu-
nities and encourages cycling among novice cyclists and families
who may have a lower tolerance for risk. The Committee encour-
ages FHWA to work with state and local agencies to support great-
er implementation of bike lanes throughout the nation.
Infrastructure monitoring demonstration project.—The Com-
mittee is interested in new technology advancements to monitor
and assess the lifespan, safety, and durability of infrastructure in-
vestments, and reminds FHWA of the requirement in House Report
117–99 to brief the House and Senate Committees on its research
in this area.
Communities impacted by persistent flooding.—The Committee
directs DOT, through its Federal lands access program, to provide
consideration for communities that are impacted by persistent
flooding.
Electric vehicle charging infrastructure.—The Infrastructure In-
vestment and Jobs Act provided $5,000,000,000 in advanced appro-
priations over five years for the national electric vehicle infrastruc-
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ture formula program to support deployment of electric vehicle
(EV) charging infrastructure and to establish an interconnected
network to facilitate data collection, access, and reliability. The
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46
Committee recognizes the need for electric charging infrastructure,
including wireless charging options, to adequately meet electricity
distribution requirements before allocating funding to prospective
projects. When implementing funding from the national electric ve-
hicle infrastructure formula program, administration officials in
the Joint Office of Energy and Transportation should consider the
capacity of electricity distribution at proposed charging locations
and the inclusion of one or more charging station locations where
the distance between two adjacent stations is greater than 50
miles, especially in areas with a population density of 50 or fewer
persons per square mile of land area based on the most recent de-
cennial census and within such states only outside the geographic
boundaries of a metropolitan planning area for a metropolitan
planning organization serving a population of greater than 200,000.
The Committee encourages FHWA to seek input from key stake-
holders as part of these efforts.
Truck parking.—The Committee understands that a growing
challenge for commercial motor vehicle drivers across the country
is the availability of truck parking, which poses serious highway
safety risks for truck drivers and all road users. The Committee
notes that projects relating to truck parking are eligible activities
in several FHWA formula programs, including the surface trans-
portation block grant program, national highway freight program,
highway safety improvement program, and national highway per-
formance program, and discretionary grant programs, including
INFRA and RAISE. In addition, section 21104 of the IIJA requires
states to conduct a commercial motor vehicle parking facilities as-
sessment as part of the development or updating of a state freight
plan. The Committee directs FHWA to work with states to provide
technical assistance on utilizing formula programs to support
projects to expand truck parking capacity and on completing com-
mercial motor vehicle parking facilities assessments, and to con-
tinue to explore opportunities to support activities that could im-
prove the current availability of truck parking. Further, when eval-
uating applications for competitive grant programs, the Committee
urges DOT to consider prioritizing grants for projects that would
expand truck parking capacity.
Automated Traffic Signal Performance Measures (ATSPM).—The
Committee applauds the FHWA for making initial progress on
measuring traffic signal performance. The Committee understands
that there are a variety of programs that could be used to imple-
ment ATSPM technology. However, communities are still not see-
ing a level of funding commensurate with the need. Thus, the Com-
mittee directs the FHWA to consider expanding these investments
in ATSPM technology to provide proactive and frequent timing up-
dates to reduce delays, improve safety, and support a reduction in
environmental impact. Further, the Committee directs the FHWA
to provide a comprehensive report to the House and Senate Com-
mittees on Appropriations that lists the funding levels for ATSPM
technology among its programs.
Highway-rail grade crossing safety.—Highway-rail grade crossing
collisions are the second leading cause of all rail-related fatalities
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in the United States. The Committee recommendation provides
funding to assist states and communities with improving highway-
rail grade crossing safety through the FHWA under section 130(e)
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47
of title 23, United States Code, and the Federal Railroad Adminis-
tration through the consolidated rail infrastructure and safety im-
provements grant program, and notes that advance appropriations
are available in fiscal year 2023 for the newly authorized railroad
crossing elimination program.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Liquidation of contract authority
Appropriation, fiscal year 2022 ........................................................ $58,212,430,072
Budget request, fiscal year 2023 ..................................................... 59,461,387,674
Recommended in the bill .................................................................. 59,503,510,674
Bill compared with:
Appropriation, fiscal year 2022 ................................................ +1,291,080,602
Budget request, fiscal year 2023 .............................................. +42,123,000
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation of
$59,503,510,674. 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.
HIGHWAY INFRASTRUCTURE PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ................................... $2,444,927,823
Budget request, fiscal year 2023 ................................. –––
Recommended in the bill ............................................. 1,755,060,641
Bill compared with:
Appropriation, fiscal year 2022 ............................ ¥689,867,182
Budget request, fiscal year 2023 .......................... +1,755,060,641
The IIJA provides contract authority for Highway programs
funded from the Highway Trust Fund. This account provides addi-
tional funds from the General Fund of the Treasury for the pro-
grams funded by formula under the IIJA and important safety and
management priorities administered by FHWA.
COMMITTEE RECOMMENDATION
The Committee recommends $1,755,060,641 for Highway Infra-
structure Programs, of which $1,275,060,641 is for community
project funding in accordance with the table at the end of this re-
port.
The following table provides funding levels for activities within
this account:
Request Recommendation
Community Project Funding ............................................................................................ $– – – $1,275,060,641
Appalachian Development Highway System .................................................................... ––– 100,000,000
Nationally Significant Federal Lands and Tribal Projects Program ............................... ––– 75,000,000
Regional Infrastructure Accelerator ................................................................................. ––– 12,000,000
National Scenic Byways Program .................................................................................... ––– 30,000,000
Safe Streets and Roads for All Program ........................................................................ ––– 100,000,000
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Active Transportation Infrastructure Investment Program .............................................. ––– 100,000,000
Healthy Streets Program .................................................................................................. ––– 55,000,000
Salmon Recovery .............................................................................................................. ––– 5,000,000
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48
Nationally significant Federal lands and Tribal projects.—The
Committee directs that when making grant awards under this
heading, FHWA should prioritize roadways that in the previous
three fiscal years 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.—The Committee recognizes that providing
safe and adequate transportation over the more than 160,000 miles
of roads and trails within Indian reservations, Indian lands, and
Alaska Native Village communities is crucial for the safety and
welfare of tribal and surrounding non-tribal communities. The
Committee is pleased with the historic investments provided by the
Infrastructure Investment and Jobs Act, which expanded the num-
ber of programs that can be used to improve the infrastructure con-
ditions of Tribal communities, including the safe streets and roads
for all program, for which the Committee recommendation provides
$100,000,000. The Committee believes that this investment, and
the historic investment of more than $3,000,000,000 in Tribal
transportation programs will advance the safety needs and address
challenges unique to Tribal communities. The Committee recog-
nizes the challenges of coastal Tribes at risk of flooding, tsunami,
and other natural disasters. The Committee supports projects that
would increase the resiliency of Tribes and Tribal communities
against these threats to public safety, including projects that sup-
port emergency evacuation routes.
Active Transportation Infrastructure Investment Program
(ATIIP).—The Committee recognizes the importance of building the
capacity of transportation networks to ensure people can safely
connect to their day to day destinations such as work, school,
health appointments and other critical services and amenities. The
ATIIP as authorized in IIJA will allow communities to develop
their transportation networks to improve transportation access for
all, while also reducing greenhouse gas emissions. The Committee
provides $100,000,000 for the ATIIP for competitive awards to help
state and local governments build connected active transportation
systems within and between communities.
Healthy Streets Program.—The Committee strongly supports ef-
forts to reduce flooding, improve air quality, and mitigate the
urban heat island effect at bus stops and on pedestrian walkways
within disadvantaged and low-income communities. The healthy
streets program, as authorized by the Infrastructure Investment
and Jobs Act, will provide grants to states, units of local govern-
ment, Tribes, and nonprofit organizations working in coordination
with an eligible public entity to both plant trees and deploy smart
surfaces, such as reflective surfaces in areas of excess heat, or po-
rous surfaces in flood prone areas. The Committee provides
$55,000,000 for the healthy streets program for this purpose.
Safe Streets and Roads for All (SS4A).—The SS4A grant program
reduces roadway fatalities and serious injuries through planning,
infrastructure, behavioral, and operational initiatives for all road-
way users, including pedestrians; bicyclists; public transportation,
personal conveyance, and micromobility users; and car and truck
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drivers. The Committee is pleased that the Department issued its
first SS4A NOFO in May 2022 and provides an additional
$100,000,000 for this program for fiscal year 2023.
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49
Salmon recovery.—The Committee provides $5,000,000 to estab-
lish a cooperative series of agreements with universities, Federal
agencies, the National Academy of Sciences, transportation agen-
cies and/or nonprofit organizations with demonstrated capacity and
expertise to conduct aligned investigations and studies to advance
the biologic, hydraulic, geomorphologic, cultural, and other sci-
entific engineering to help mitigate and improve the impacts of cul-
verts, roads, and bridges on threatened or endangered salmon pop-
ulations. The aligned outcomes will assist with identifying,
prioritizing for future funding, and providing scientific and engi-
neering approaches applicable to highway infrastructure improve-
ment projects that will reduce these impacts and enhance recovery
efforts.
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 requirements.
Section 123 requires 60-day notification to the House and Senate
Committees on Appropriations of any grants as authorized under
23 U.S.C. 117.
Section 124 allows state DOTs to repurpose certain highway
project funding to be used within 25 miles of its original designa-
tion.
Section 125 requires the Federal Highway Administration to ad-
judicate Buy America waivers based on the rules and regulations
in effect before April 17, 2018.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
The Federal Motor Carrier Safety Administration (FMCSA) was
established within the Department of Transportation by Congress
through the Motor Carrier Safety Improvement Act of 1999 (P.L.
106–159). The FMCSA’s mission is to promote safe commercial
motor vehicle operations and to reduce truck and bus crashes. The
FMCSA works with Federal, state, and local entities, the motor
carrier industry, highway safety organizations, and the public to
further its mission. The FMCSA resources are used to prevent and
mitigate commercial vehicle accidents through regulation, enforce-
ment, stakeholder training, technological innovation, and improved
information systems. The FMCSA also is responsible for enforcing
Federal motor carrier safety and hazardous materials regulations
for all commercial vehicles entering the United States along its
southern and northern borders.
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50
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $360,000,000
Budget request, fiscal year 2023 ....................................................... 367,500,000
Recommended in the bill ................................................................... 367,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +7,500,000
Budget request, fiscal year 2023 ................................................ –––
The limitation on obligations establishes the FMCSA’s spending
level for salaries, operating expenses, and research to support
motor carrier safety program activities and to maintain the agen-
cy’s administrative infrastructure. This funding supports nation-
wide motor carrier safety and consumer enforcement efforts, in-
cluding the compliance, safety, and accountability program, regula-
tion and enforcement of freight transport, and Federal safety en-
forcement at the U.S. borders. These resources also fund regulatory
development and implementation, information management, re-
search and technology, safety education and outreach, and the safe-
ty and consumer telephone hotline.
COMMITTEE RECOMMENDATION
The Committee recommendation provides a liquidation of con-
tract authorization and a limitation on obligations of $367,500,000
for the operations and programs account, consistent with the
amounts authorized in the Infrastructure Investment and Jobs Act.
Of the total amounts, $14,073,000 is for the research and tech-
nology program and not less than $63,098,000 is for information
technology and information management.
Hours of service (HOS).—The Committee remains concerned with
the safety and labor ramifications of the final rule on HOS that
went into effect on September 29, 2020. The final rule extends driv-
ing time and distance while also reducing the amount of time a
driver takes for rest. The Consolidated Appropriations Act, 2021
(P.L. 116–260) directed the FMCSA to analyze the real-world ef-
fects of the new HOS regulations by comparing safety data, specifi-
cally comparing data collected prior to the implementation of the
final rule on September 29, 2020, with data collected after its im-
plementation to determine any correlations. The FMCSA was fur-
ther directed to report the results of this analysis annually in the
budget request and to post such analysis on the agency’s website.
The Committee is disappointed that the FMCSA has not completed
this requirement, despite nearly two years of data becoming avail-
able since the final rule went into effect. The Committee under-
stands that the FMCSA is working on the first iteration of the
HOS safety data analysis. The Committee continues to direct the
FMCSA to complete annual HOS safety data analysis, to make the
information publicly available, and to post the analysis on the
agency’s website concurrently with the release of the budget re-
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quest for fiscal year 2024.
Large truck crash causation study.—The Committee remains con-
cerned with truck safety trends, with injuries to occupants of large
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51
trucks, occupants of other vehicles, and nonoccupants like pedes-
trians and cyclists continuing to increase. According to the
FMCSA’s large truck and bus crash facts 2019, the number of large
trucks involved in fatal crashes increased by 2 percent when com-
paring calendar year 2018 to 2019, and the number of large trucks
involved in injury crashes increased by 6 percent for that same
time period. Further, of the fatal crashes involving commercial
motor vehicles, class 7 and 8 large trucks account for roughly 75
percent of all such crashes. Public Law 116–260 included
$30,000,000 for a study on the causes of large truck crashes. The
Committee understands that the FMCSA plans to focus this study
on fatal and injury crashes involving class 7 and 8 large trucks and
collect data on such crashes over a two-year period. Further, the
Committee understands that section 23006 of the IIJA requires the
Secretary to conduct a comprehensive crash causation study of all
commercial motor vehicles. The Committee supports the FMCSA’s
phased approach to the implementation of section 23006 of the
IIJA, starting with class 7 and 8 large trucks. This phased ap-
proach considers lessons learned from the original large truck
crash causation study completed in 2003, public comments, and two
ongoing studies by the National Highway Traffic Safety Adminis-
tration relating to medium-duty truck crashes. The Committee un-
derstands that the class 7 and 8 large trucks study is scalable and
repeatable, so that the FMCSA can address crashes involving other
commercial motor vehicles in the future. The Committee directs the
FMCSA to brief the House and Senate Committees on Appropria-
tions on its progress on the large truck study and the spending
plan no later than 90 days after enactment of this Act.
Information technology (IT) and information management (IM).—
IT challenges at the FMCSA continue to have negative effects on
the safety and efficiency of the trucking industry nationwide. The
Committee understands that the FMCSA is working diligently to
address a legacy of layered, antiquated systems by implementing
a multi-year IT modernization plan. The Committee provides not
less than $63,098,000 for the development, modernization, en-
hancement, and continued operation and maintenance of IT and
IM. Further, the Committee directs the FMCSA to provide regular
briefings to the House and Senate Committees on Appropriations
on the agency’s progress towards achieving streamlined and effi-
cient IT and IM systems.
Unlawful brokerage activities.—Section 32919 of MAP–21 (P.L.
112–141) established requirements for brokers providing interstate
brokerage services to be registered and satisfy certain financial se-
curity requirements, and set civil penalties for brokering without
such operating authorities. The Committee is concerned about re-
ports of unlawful brokerage activities, that such reports have con-
tinued to increase since the enactment of these requirements in
2012, and with limited enforcement by the FMCSA. The Committee
notes that in 2019 a DOT Administrative Law Judge held in Dar-
lene Riojas et al., Docket No. FMCSA–2012–0174, that the FMCSA
does not have the statutory authority to administratively adju-
dicate and access civil penalties for violations of Subtitle IV, Part
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B of title 49, United States Code, and that the FMCSA must seek
an adjudication of civil penalties for such violations in the United
States District Court. This ruling prohibits the FMCSA from as-
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52
sessing civil penalties administratively for commercial violations,
including those contained in section 14916 of title 49, United States
Code, relating to unlawful brokerage activities. The Committee di-
rects the FMCSA to report to the House and Senate Committees
on Appropriations no later than 120 days after enactment of this
Act on its efforts to ensure full compliance with and enforcement
of the requirements in section 14916 of title 49, United States
Code, including seeking an adjudication of civil penalties for com-
mercial violations in the United States District Court; any poten-
tial barriers to such enforcement through the United States Dis-
trict Court; alternative enforcement mechanisms for unlawful bro-
kerage activities available to the FMCSA; implementation of sec-
tion 23021 of the IIJA to clarify the definition of broker under the
FMCSA regulations; and whether new legislative authority or clari-
fying existing legislative authority is needed to properly address
unlawful brokerage.
Hair testing.—The Committee recognizes that section 5402 of the
Fixing America’s Surface Transportation (FAST) Act (P.L. 114–94)
required the Secretary of Health and Human Services (HHS) to
‘‘issue scientific and technical guidelines for hair testing as a meth-
od of detecting the use of a controlled substance for purposes of sec-
tion 31306 of title 49, United States Code’’, which is the drug and
alcohol testing program for operators of commercial motor vehicles.
The Committee understands that HHS is currently considering
hair testing as an alternative method of drug testing and issued
proposed mandatory guidelines relating to hair testing in Sep-
tember 2020, but has not issued final guidelines, as required by the
FAST Act. The Committee directs the Office of Drug and Alcohol
Policy and Compliance to support HHS in its efforts, provide any
available or necessary data, and lend its expertise relating to trans-
portation and commercial motor vehicle safety, as appropriate.
Safe driver apprenticeship pilot (SDAP) program.—Section 23022
of the IIJA requires the Secretary to establish an apprenticeship
pilot program that allows employers to establish apprenticeship
programs for drivers ages 18 to 20 with an intrastate commercial
driver’s license to operate a commercial motor vehicle in interstate
commerce under specific conditions. The FMCSA established the
SDAP program on January 14, 2022, through a Federal register no-
tice, and is developing a process for motor carriers to apply to par-
ticipate in the SDAP program. The Committee understands that
the FMCSA will ensure that participants in the SDAP program
comply with the requirements in section 23022 of the IIJA when
reviewing applications from motor carriers, as well as subsequent
data submitted as part of the SDAP program. In addition to sub-
mitting a report to Congress after the conclusion of the SDAP pro-
gram as required by section 23022 of the IIJA, the Committee un-
derstands that the FMCSA intends to publish a public use data file
of all data from the SDAP program. While this information will be
helpful in understanding the safety impacts of the SDAP program,
it will not be available until the completion of this three-year pilot.
Therefore, the Committee directs the FMCSA to provide interim
updates to the House and Senate Committees on Appropriations on
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the SDAP pilot program, including: (1) how many motor carriers
have been accepted by the FMCSA to participate in the SDAP pro-
gram; (2) how many motor carriers in the SDAP program have reg-
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53
istered apprenticeship applications pending; (3) how many appren-
tice drivers are enrolled in the 120-hour probationary period or in
the 280-hour probationary period; (4) how many apprentice drivers
have completed one or both such probationary periods; (5) how
many apprentice divers were involved in an accident reportable to
DOT; (6) how many crashes occurred involving apprentice drivers
during and after completion of such probationary periods; (7) how
many apprentice drivers have excited the SDAP program; (8) how
many motor carriers have exited the SDAP program; (9) how many
apprentice drivers have been removed from the SDAP program due
to safety; (10) how many motor carriers have been removed from
the SDAP program due to safety; and (11) a high-level analysis of
apprentice drivers’ safety performance to-date. The Committee di-
rects the FMCSA to provide the first interim update with such in-
formation 180 days after the FMCSA begins to accept applications
from motor carriers to participate in the SDAP program, and with
subsequent interim updates due every 180 days thereafter.
Motor carrier safety fitness determination rulemaking.—The Com-
mittee notes that House Report 117–99 directed the Secretary to
initiate a rulemaking to update and revise regulations issued pur-
suant to subsection (b) of section 31144 of title 49, United States
Code, and include procedures for the Secretary to determine if a
motor carrier is not fit to operate a commercial motor vehicle in or
affecting interstate commerce in accordance with such section. The
Committee understands that DOT’s most recent significant rule-
making report identifies that the FMCSA is preparing an advance
notice of proposed rulemaking for safety fitness procedures.
Commercial zone boundaries.—The FMCSA currently designates
the south Texas counties of Cameron, Hidalgo, Starr, and Willacy
as part of a commercial zone at the border between the United
States and Mexico. As a result, these counties are exempt from cer-
tain regulations under section 13506(b)(1) of title 49, United States
Code. The Committee notes that Zapata county is adjacent to Starr
county and the Mexican border. The Committee encourages the
FMCSA to analyze expanding the commercial zone boundaries de-
fined under section 372.237 of title 49, Code of Federal Regula-
tions.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $496,000,000
Budget request, fiscal year 2023 ....................................................... 506,150,000
Recommended in the bill ................................................................... 506,150,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +10,150,000
Budget request, fiscal year 2023 ................................................ –––
The limitation on obligations controls the FMCSA’s spending
level for motor carrier safety grants. These grants are used to sup-
port compliance reviews in the states, identify and apprehend traf-
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fic violators, conduct roadside inspections, and conduct safety au-
dits of new entrant carriers. Additionally, grants are provided to
states for the improvement of state commercial driver’s license
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54
oversight activities and to nonprofit organizations to assist in train-
ing non-Federal employees who conduct commercial motor vehicle
enforcement activities.
COMMITTEE RECOMMENDATION
The Committee recommendation provides a liquidation of con-
tract authorization and a limitation on obligations of $506,150,000
for motor carrier safety grants, consistent with the amounts au-
thorized in the Infrastructure Investment and Jobs Act. The fol-
lowing table provides funding levels for activities within this ac-
count.
Request Recommendation
Motor carrier safety assistance program ........................................................................ $398,500,000 $398,500,000
Commercial driver’s license program implementation program .................................... 42,650,000 42,650,000
High priority program ...................................................................................................... 58,800,000 58,800,000
Commercial motor vehicle operators grant program ...................................................... 1,200,000 1,200,000
Commercial motor vehicle enforcement training and support grant program .............. 5,000,000 5,000,000
Total ........................................................................................................................ $506,150,000 $506,150,000
High priority program.—Section 23004 of the IIJA authorizes the
Secretary to establish an immobilization grant program to provide
grants to states for the immobilization or impoundment of pas-
senger-carrying commercial motor vehicles that are determined to
be unsafe or fail inspection and authorizes the use of high priority
program funding for such activities. The Committee notes that the
fiscal year 2022 notice of funding opportunity for the high pri-
ority—commercial motor vehicle program incorporated this newly
authorized use of funds. The Committee directs the FMCSA to brief
the House and Senate Committees on Appropriations no later than
90 days after enactment of this Act on the fiscal year 2022 grants
made to states for programs to impound or otherwise immobilize
unsafe passenger-carrying commercial motor vehicles.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
Section 130 requires the FMCSA to update inspection regulations
for rear underride guards as specified in GAO–19–264.
Section 131 prohibits funds from being used to enforce the elec-
tronic logging device rule with respect to carriers transporting live-
stock or insects.
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
Highway Administration.
The NHTSA’s mission is to save lives, prevent injuries, and re-
duce economic costs due to road traffic crashes through education,
research, safety standards, and enforcement activity. To accomplish
these goals, the NHTSA establishes and enforces safety perform-
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ance standards for motor vehicles and motor vehicle equipment, in-
vestigates safety defects in motor vehicles, and conducts research
on driver behavior and traffic safety.
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55
The 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,
the NHTSA works to reduce the threat of drunk, impaired, and dis-
tracted drivers, and to promote policies and devices with dem-
onstrated safety benefits including helmets, child safety seats, air-
bags, and graduated driver’s licenses.
The NHTSA establishes and ensures compliance with fuel econ-
omy standards, investigates odometer fraud, establishes and en-
forces vehicle anti-theft regulations, and provides consumer infor-
mation on a variety of motor vehicle safety topics.
OPERATIONS AND RESEARCH
Appropriation, fiscal year 2022 ......................................................... $200,000,000
Budget request, fiscal year 2023 ....................................................... 272,650,000
Recommended in the bill ................................................................... 230,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +30,000,000
Budget request, fiscal year 2023 ................................................ ¥42,650,000
COMMITTEE RECOMMENDATION
For vehicle safety programs, funded by the general fund, the
Committee recommends $230,000,000, of which up to $45,116,000
shall be for rulemaking and $5,118,000 shall be for communication
and consumer information.
Truck underrides.—The Committee highlights that DOT has
been researching truck underrides for more than 50 years and that
NHTSA’s proposed rulemaking to update truck rear impact guard
requirements in December 2015 cited 362 annual fatalities associ-
ated with light vehicle crashes into the rear of trucks. The Com-
mittee continues to direct NHTSA to prioritize working with rel-
evant experts and stakeholders, including researchers, engineers,
safety advocates, and the trucking industry, to facilitate the deploy-
ment and adoption of rear and side underride protection devices.
Further, the Committee notes that section 23011 of the IIJA re-
quires the Secretary to promulgate regulations to strengthen rear
underride guards, establish an Advisory Committee on Underride
Protection, and conduct additional research on rear impact guards
and side underride guards.
The Committee reiterates its concern from the past several years
that NHTSA has yet to implement three out of four GAO rec-
ommendations on truck underrides and directs the NHTSA to com-
plete rulemaking to improve rear guards in order to ultimately
meet the Insurance Institute for Highway Safety standards for
Toughguard awards. The Committee continues to direct NHTSA to
brief the House and Senate Committees on Appropriations quar-
terly on its progress to meet such requirements and implement sec-
tion 23011 of IIJA. In addition, the Committee directs NHTSA to
substantively respond to the grant of petition for rulemaking on
Rear Impact Guards, Rear Impact Protection published in the Fed-
eral Register on July 10, 2014.
Automatic emergency braking (AEB).—The Committee notes that
the safety benefits of AEBs on large trucks are well documented
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and mandating such technology would significantly reduce the
more than 5,000 annual fatalities from large truck crashes. The In-
surance Institute for Highway Safety has found that AEBs can re-
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56
duce front-to-rear crashes with injuries by 56 percent. The costs to
generating these benefits are not large. A September 2018 study by
NHTSA found that the incremental cost to a truck driver of auto-
matic emergency brakes would be less than $350. The Committee
appreciates that the Spring 2021 regulatory agenda included the
AEB rulemaking, and directs that NHTSA move with all deliberate
speed in finalizing this rule and provide quarterly updates to the
House and Senate Committees on Appropriations on its progress to
finalize the rule.
Test dummies.—The Committee understands that developing,
testing, and fully vetting an advanced anthropomorphic test
dummy is complicated and time consuming. However, NHTSA has
been working on such research and development for almost 15
years. The Committee is anxiously awaiting the adoption of the
THOR 50th percentile test dummy, as well as the eventual adop-
tion of the THOR 5th percentile female and the WorldSID side im-
pact test dummies. In order to adequately address the gender in-
equities in crash testing data, the updates must ensure equitable
frontal crash tests, for both male and female drivers. In fiscal year
2022, House Report 117–99 directed the NHTSA to issue the long
overdue New Car Assessment Program (NCAP) proposed rule that
adopts the most technologically advanced safety equipment, includ-
ing the most advanced anthropomorphic test dummies and to re-
port on the findings on and progress to adopt the THOR 50th and
THOR 5th percentile test dummies and other gender disparities in
crash testing and accident effects. The Committee directs the
NHTSA to provide quarterly updates to the House and Senate
Committees on Appropriations upon enactment of this Act on its
progress. Further, within 90 days of enactment of this Act, the
Committee directs the NHTSA to submit a report to the House and
Senate Committees on Appropriations detailing all contracts re-
lated to crash safety testing awarded in the previous five fiscal
years, including an explanation of the types of bids received and
not awarded.
Crashworthiness research.—The Committee recognizes the impor-
tance that lightweight plastics and polymer composites play to im-
prove automotive safety, meet consumer demand for innovative and
autonomous vehicles, increase fuel efficiency, and support new
highly skilled manufacturing jobs. Effective lightweight materials
can also have the benefit of increasing fuel-economy. The Com-
mittee is pleased that NHTSA continues to work closely with the
Department of Energy on lessons learned from lightweight mate-
rials research. The Committee directs NHTSA to continue to in-
clude the consideration of lightweight materials as standards, test
procedures, and associated countermeasures are developed as part
of the occupant protections program. Safety standards established
by NHTSA should not present a barrier to the integration or adop-
tion of new materials, many of which have lightweight components.
Further, the Committee recognizes the importance that light-
weight plastics and polymer composites play to improve automotive
safety, meet consumer demand for innovative and autonomous ve-
hicles, increase fuel efficiency, and support new U.S. highly skilled
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manufacturing jobs in the United States. The Committee directs
NHTSA to upgrade current regulations and/or the New Cart As-
sessment Program based on the requirements of the Moving Ahead
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57
for Progress in the 21st Century Act (MAP–21) and on the devel-
oped test procedures and associated countermeasures in its occu-
pant protection programs in frontal (including the moving deform-
able barrier frontal offset test), side, rollover, impacts to the front
seatbacks and lower interior B-pillars for children and small
adults, including women, as well as for pedestrian safety, with an
emphasis on decreasing the weight of vehicles in traditional and
autonomous vehicle structural designs by proposing new near-term,
mid-term and long-term regulations according to the following
schedule: near-term final rules by March 2023; mid-term final rules
by March 2024; and long-term final rules by March 2025. The Com-
mittee directs NHTSA to leverage lessons learned from lightweight
materials research at the Department of Transportation, the De-
partment of Energy, and by industry stakeholders in its develop-
ment of safety-centered approaches for future lightweight auto-
motive design, including traditional, advanced propulsion, and au-
tonomous vehicles.
Autonomous vehicle (AV) testing.—The Committee remains con-
cerned that changes in driving technology will bring significant
changes to the roadways from both cars and large trucks, and that
the nation remains unprepared for such changes. Testing how AVs
react to various environmental and weather conditions is a critical
part of validating AV safety. The Committee is concerned that the
United States does not have research and test facilities which rep-
licate a wide variety of challenging weather conditions like rain,
fog, and low sun angles. The Committee encourages NHTSA to use
previously designated AV proving grounds or to partner with an ex-
isting non-profit automotive vehicle test and research facility to fa-
cilitate the development and deployment of AV technology that can
operate in all weather conditions. Such partnerships should include
sensor environmental testing where the vehicle moves through the
driven environment. For fiscal year 2023, the Committee rec-
ommends $9,000,000 from this account for this purpose.
Rulemaking related to AVs.—While the Committee notes that
NHTSA recently completed its first rulemaking on autonomous ve-
hicles, much work remains to modernize existing Federal motor ve-
hicle safety standards, including congressionally-mandated
rulemakings and rulemakings related to autonomous vehicles, in-
novative vehicle safety technologies, and zero-occupant delivery ve-
hicles. The Committee directs NHTSA to complete and deliver a re-
port to the House and Senate Committees on Appropriations within
one year of enactment of this Act on the impediments to meeting
these requirements, and what is required to finalize these
rulemakings around the safe deployment of new technology that
will improve safety outcomes, and incorporate novel vehicle designs
that improve mobility and access for all.
Virtual modeling and simulation.—The Committee continues to
recognize the importance in DOT evaluating the safety of advanced
driver assistance systems (ADAS) and autonomous vehicles (AVs)
to ensure readiness of infrastructure to accommodate these tech-
nologies and secure public trust. The Committee finds integration
of testing and evaluation platforms using virtual simulation and
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synthetic data generation would significantly enhance the agency’s
ability to independently audit, assess and validate the safety of
these systems. Therefore, of the amounts provided under this head-
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58
ing, the Committee directs up to $3,500,000 to support the virtual
review, assessment and validation of AVs and increased coordina-
tion with the Highly Automated Systems Safety Center of Excel-
lence.
Motorcycle profiling.—The Committee is concerned that NHTSA
may be conducting activities that encourage states to adopt legisla-
tion, regulation, or other policies that unjustly profile motorcycle
riders. The Committee directs NHTSA to report to the House and
Senate Committees on Appropriations on the extent to which the
agency works with states on motorcycle passenger policies within
120 days of enactment of this Act.
Causal factors of auto crashes.—The Committee encourages the
NHTSA to focus on research on causal factors of auto crashes, such
as distracted driving, road conditions, and congestion and provides
an additional $5,000,000 for related research.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $192,800,000
Budget request, fiscal year 2023 ....................................................... 197,000,000
Recommended in the bill ................................................................... 197,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +4,200,000
Budget request, fiscal year 2023 ................................................ –––
This limitation on obligations controls the NHTSA’s spending for
highway safety research and development programs. Many of these
programs are conducted in partnership with state and local govern-
ments, the private sector, universities, research units, and various
safety associations and organizations. Programs funded by this ac-
count include research, demonstrations, and technical assistance to
state and local governments around behavioral aspects of driver,
occupant, and pedestrian behavior. This account also funds the
NHTSA’s National Center for Statistics and Analysis which collects
and analyzes crash data and provides technical assistance to sup-
port state highway safety activities.
COMMITTEE RECOMMENDATION
For behavioral safety research funded by the operations and re-
search account, the Committee recommends $197,000,000 in liqui-
dating cash and obligation limitation.
Highway fatalities.—Despite dramatic decreases in the number
of cars on the road, automobile fatalities and injuries spiked in
2021. In 2021 an estimated 42,915 people died in motor vehicle
traffic crashes, a 10.5 percent increase over the previous 12-month
period, reporting the highest number of fatalities since 2005. The
Committee recognizes the need for more robust data collection and
analysis related to vehicle, highway, and behavioral safety to de-
velop effective countermeasures to reduce the number of and sever-
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ity of vehicle crashes involving intersections, pedestrians, and a ve-
hicle leaving the lane or roadway. Immediate steps must be taken
to focus resources on a national campaign to save lives on the road-
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59
ways. The Committee directs NHTSA to assert its leadership by de-
veloping and implementing a national campaign, working with
other federal agencies, the states, law enforcement, the public
health community, industry, and others who can contribute to the
goal of saving lives. Funding provided under this heading is pro-
vided for robust research on causal factors of auto crashes such as
distracted driving, road conditions, and congestion. The Committee
notes with disappointment that a report on the agency’s plans and
progress on this campaign was not provided by NHTSA by Decem-
ber 23, 2021, as required by House Report 116–452, and that
NHTSA subsequently did not provide the report by May 1, 2022,
after Congress provided the agency more time to complete its work
in the Consolidated Appropriations Act, 2022 (P.L. 117–103). The
Committee directs NHTSA to provide the House and Senate Com-
mittees on Appropriations the report, including specific goals and
any impediments to achieving those goals, no later than 30 days
after enactment of this Act.
Pedestrian fatalities.—The Committee remains alarmed at the
growing number of pedestrian fatalities, which have increased in
2021 by 13 percent, and over the last 10 years have soared almost
50 percent, to more than 7,000, roughly one-sixth of all traffic
deaths in the United States. Reducing these fatalities and injuries
will take a concerted effort that includes enforcement of existing
laws, changes in street design and engineering, and education of
drivers and pedestrians. The Committee directs NHTSA to con-
tinue to work with FHWA and state and local stakeholders to con-
duct education and enforcement efforts in cities nationwide and to
convene stakeholders to develop and publicize innovative solutions
to reduce pedestrian fatalities. In addition, the Committee directs
NHTSA to update data collection methodologies to evaluate pedes-
trian injuries and fatalities.
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. The Road to
Zero coalition has mobilized more than 1,700 organizations sup-
porting a goal to reduce fatalities on the roads and reach a goal of
zero such fatalities by 2050. Conquering the traffic safety question
requires a collective effort around the Road to Zero’s three pillars:
doubling down on proven countermeasures, accelerating the adop-
tion of life-saving technology, and prioritizing a safe system ap-
proach. 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 that could
clearly explain how their program would reduce motor vehicle fa-
talities. The Committee encourages DOT to remain engaged and in-
volved with the Road to Zero coalition as it develops data-driven
actions to meet the goal of reducing motor vehicle fatalities to zero.
Within 120 days of enactment of this Act, the Committee directs
NHTSA to develop and implement an agreement to provide safe
system innovation grant funding at a level commensurate with cur-
rent law.
Child-car seat testing.—In 2014, NHTSA issued a proposed rule-
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making that would have required all car seats designed for chil-
dren up to 40 pounds to be tested for side-impact collisions. The
Committee reiterates its concern that NHTSA has yet to issue the
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60
long overdue rule to test car seats for effectiveness in side-impact
car crashes and to update rules for frontal impacts. The Consoli-
dated Appropriations Act, 2022 directed the NHTSA to complete
the side-impact rule and update rules for frontal impacts by Sep-
tember 30, 2022. The Committee and directs the NHTSA to brief
the House and Senate Committees on Appropriations not less than
every 30 days after the enactment of this Act on its progress to
issue the rule.
Child hyperthermia.—The Committee remains deeply concerned
about the ongoing crisis involving children dying of hyperthermia
after being left alone in motor vehicles. From 2020 through 2022,
more than 50 children died in this tragic manner. NHTSA must
pursue a two-pronged strategy of public education and technology
solutions. Continued public education activities should include ag-
gressive media and community outreach. The auto industry must
continue to develop effective technological solutions to swiftly in-
stall such systems that detect the presence of a child in a motor
vehicle and alert individuals inside and outside the vehicle. Of the
amounts provided under this heading, the Committee directs that
no less than $3,000,000 shall be available primarily to advance the
installation of effective detection and technological solutions and,
secondarily, to raise the awareness of parents and caregivers by de-
veloping and placing assets for campaigns on social media, radio,
and other media.
Virtual car seat checks.—For the past 30 years, child passenger
safety technicians have assisted parents one-on-one in ensuring
that car seats were properly installed. As a result of COVID–19,
one-on-one in-person instruction became extremely limited, so tech-
nicians began to conduct virtual car seat checks as an alternative.
The Committee directs NHTSA to work with relevant stakeholders,
including state highway safety offices, to promote virtual car seat
safety checks.
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 increase chances
of survival. The Committee encourages NHTSA and its Office of
Emergency Medical Services (EMS) to continue working with
stakeholders in the EMS community to develop and disseminate in-
formation on assessment, treatment, and transport-destination pro-
tocols to ensure that stroke patients are transported to the most
appropriate hospital for treatment. In developing such protocols,
stakeholders should consider the capability of an emergency receiv-
ing facility to improve outcomes for patients suspected of having an
emergent large vessel occlusion.
Drunk and impaired driving detection.—Drunk driving is the
number one cause of traffic fatalities, costing the United States
$194,000,000,000 annually and accounting for roughly one-quarter
to one-third of motor vehicle fatalities each year. To address the
scourge of drunk driving, the Committee has continually supported
the Driver Alcohol Detection System for Safety (DADSS) research
under this heading. The DADSS system specifically aims to detect
the presence of a certain level of alcohol in a driver. NHSTA and
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staff of the DADSS program estimate they will complete their work
by the end of fiscal year 2025. The Committee understands that a
version of the DADSS technology is currently being tested which
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61
can determine the presence or absence of alcohol in a driver but
cannot yet reliably quantify the exact amount of alcohol. This
version is effective for limited deployment in fleets administering
a zero-tolerance policy for its drivers. The Committee believes con-
tinued funding of the DADSS research is critical for completing de-
velopment of DADSS technology set at the legal limit (e.g., cur-
rently 0.08 BAC for all states but Utah) that can be widely de-
ployed in vehicles operated by consumers thereby avoiding approxi-
mately 7,000 or more drunk driving accident deaths annually.
Therefore, the Committee continues to strongly support this prom-
ising and vital program and includes $10,000,000 for advanced re-
search, development, and robust testing in fiscal year 2023.
The Committee is also encouraged by the development of camera-
based driver monitoring systems. These developing, probability-
based systems aim to detect a variety of behaviors that are not con-
ducive to safe driving such as distraction, drowsiness, or impair-
ment. The Committee believes that these technologies, in combina-
tion with other technological innovations, have the ability to save
lives and reduce impaired driving.
House Report 117–99 directed NHTSA to contract with the Volpe
National Transportation Systems Center to update the 2007 Re-
view of Technology to Prevent Alcohol-Impaired Crashes and looks
forward to receiving that report. The Committee directs NHTSA to
emphasize research on driver monitoring and to identify promising
technologies that will reduce or eliminate impaired and distracted
driving.
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-
mittee encourages NHTSA to continue funding training efforts to
ensure stakeholders can identify drug-impaired driving and enforce
the law. Funding under this heading is provided to continue re-
search with the goal of developing a standardized field sobriety test
to detect marijuana impairment. The Committee continues to direct
NHTSA to work with the Department of Justice, the Department
of Health and Human Service, and the Department of Commerce
to ensure that state highway safety offices and state law enforce-
ment have the most up-to-date information from the Federal gov-
ernment on detecting impaired driving. In order to increase the
safety of the transportation network by reducing drug-impaired
driving, the Committee directs NHTSA to work with states to de-
termine their toxicology testing and funding needs and to make
states aware that assistance for state toxicology labs are eligible
expenses under section 402 and 405 formula grant funds.
Further, the Committee notes that section 25026 of the IIJA, re-
quires the Secretary, in consultation with the Attorney General
and Secretary of Health and Human Services, to complete a report
with recommendations for increasing and improving access to sam-
ples and strains of marijuana for scientific researchers studying
impairment while driving under the influence of marijuana and es-
tablishing a national clearinghouse to collect and distribute sam-
ples and strains of marijuana for scientific research. The Com-
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mittee emphasizes the need for research that encompasses the di-
versity, quality, and potency of marijuana products that are law-
fully available to patients or consumers in a state on a retail basis.
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62
The Department is directed to brief the House and Senate Commit-
tees on Appropriations no later than 60 days after enactment of
this Act on its progress in implementing section 25026 of the IIJA.
Children with disabilities.—The Committee is aware that almost
20 percent of children in the United States have a physical, emo-
tional, or intellectual disability. Transportation for these children
can be a challenge and the physical eco-system of our transpor-
tation networks can be difficult for such children to navigate. The
Committee expects NHTSA to update the training curriculum Safe
Travel for All Children to address the training needs of the profes-
sionals responsible for the safe transport of children with disabil-
ities, as directed in House Report 117–99.
EMS/911.—The Committee recognizes that more than 350,000
people fall victim to sudden, cardiac arrest outside of a hospital en-
vironment annually. The Committee is also concerned that only
about one in ten victims survive these events. Providing high-qual-
ity Telephone CPR instructions can save lives from cardiac arrest
and should be a standard of care for every 9–1–1 telecommunicator
that provides dispatch instructions for medical emergencies in the
United States. The Committee believes that providing high-quality
telephone CPR instructions can save lives from cardiac arrest and
should be a standard of care for every 9–1–1 telecommunicator that
provides dispatch instructions for medical emergencies in the
United States. Through the EMS, the Committee encourages
NHTSA to disseminate training in cardiopulmonary resuscitation
to state and local emergency dispatchers. Such training should in-
clude evidence-based protocols, continuing education, and perform-
ance measures.
Successful implementation of such services may be aided by full
implementation of Next Generation 911 services, and strong col-
laboration among federal agencies involved. The Committee notes
GAO’s recent report from 2018 (GAO–18–252) which found that
roles and responsibilities of Federal agencies, including NHTSA
and the National Telecommunications and Information Administra-
tion (NTIA), were not always clear with respect to 911 services, in-
cluding Federal 911 call centers, and the agencies lacked an imple-
mentation plan for Next Generation 911. The Committee directs
GAO to conduct a study of NHTSA, NTIA, and any other Federal
agencies’ joint efforts to implement Next Generation 911, and make
other improvements to 911 services, to include 1) how well the
NHTSA and NTIA joint office is executing its charge to facilitate
coordination and communication between Federal, state, and local
entities and provide grants to eligible entities, including states, for
911 implementation and improvements; and 2) Federal 911 call
centers’ progress implementing Next Generation 911, and any chal-
lenges associated with implementing improvements to 911 services.
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63
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $774,300,000
Budget request, fiscal year 2023 ....................................................... 795,220,000
Recommended in the bill ................................................................... 795,220,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +20,920,000
Budget request, fiscal year 2023 ................................................ –––
This limitation controls NHTSA’s spending on grants to states
authorized under the IIJA. The grant programs include: highway
safety programs, the national priority safety program, and the high
visibility enforcement program. These grants provide flexible fund-
ing to states that develop a highway safety plan to address state
highway safety issues. This account also includes incentive grants
to states that meet specific statutory criteria in areas such as im-
paired and distracted driving, occupant protection, motorcyclist
safety, and nonmotorized safety.
COMMITTEE RECOMMENDATION
Consistent with the amounts authorized in the Infrastructure In-
vestment and Jobs Act, the Committee recommends $795,220,000
in liquidating cash from the Highway Trust Fund to pay out-
standing obligations of the highway traffic safety grant programs
at the levels provided in this Act and prior Appropriations Acts.
The Committee also recommends limiting obligations from the
Highway Trust Fund in fiscal year 2023 for the highway traffic
safety grant programs to $795,220,000. The following table pro-
vides funding levels for activities within this account:
Request Recommendation
State and community highway safety grants ................................................................. $370,900,000 $370,900,000
National priority safety programs ................................................................................... 346,500,000 346,500,000
High visibility enforcement program ............................................................................... 38,300,000 38,300,000
Administrative expenses .................................................................................................. 39,520,000 39,520,000
Total ........................................................................................................................ $795,220,000 $795,220,000
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 in 2020, more
than 3,100 people were killed in crashes involving a distracted
driver. The NTSB lists eliminating distractions as a key safety im-
provement that would save lives. The Committee continues to fund
NHTSA programs that support state efforts to educate the public
and to enforce laws promoting safe driving habits and to prevent
unnecessary deaths.
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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-
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64
of-state driving infractions. The Committee continues to direct
NHTSA to continue to provide technical assistance to states on im-
proving the interoperability of state and national traffic safety in-
formation. The Committee reminds the NHTSA of the requirement
in the consolidated appropriations Act, 2022 to produce a publicly
available report on what challenges states are facing with improv-
ing their traffic safety coordination and to brief the House and Sen-
ate Committees on Appropriations on the findings of the analysis.
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 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. The 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 approximately 775 railroads and 145,000 miles of
track, which deliver approximately 5,000,000 tons of goods each
day. In addition, the FRA oversees grants to the National Railroad
Passenger Corporation (Amtrak) with the goal of assisting Amtrak
with improving its intercity passenger rail service and physical in-
frastructure.
SAFETY AND OPERATIONS
Appropriation, fiscal year 2022 ......................................................... $240,757,000
Budget request, fiscal year 2023 ....................................................... 254,426,000
Recommended in the bill ................................................................... 250,449,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +9,692,000
Budget request, fiscal year 2023 ................................................ ¥3,977,000
The safety and operations account provides funding for the FRA’s
safety program activities related to passenger and freight railroads.
Funding also supports salaries and expenses and other operating
activities related to the FRA staff and programs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $250,449,000 for the
safety and operations account. The following table provides funding
levels for activities within this account.
Request Recommendation
Automated track inspection program .............................................................................. $16,500,000 $17,000,000
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Positive train control support program ........................................................................... 1,000,000 up to $1,000,000
Trespasser prevention ...................................................................................................... 400,000 400,000
Highway-rail grade crossing safety ................................................................................ 1,175,000 2,175,000
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65
Request Recommendation
Confidential close call reporting system ........................................................................ 4,300,000 up to $4,300,000
Grant and project development technical assistance, oversight ................................... 3,000,000 1,500,000
FRA reorganization.—The budget request proposes a reorganiza-
tion of the FRA to better reflect the agencies dual mission of rail-
road safety and railroad development. Specifically, the FRA pro-
poses to: (1) restructure the existing Office of Railroad Policy and
Development into the Office of Railroad Development to con-
centrate the office’s focus on investment and development pro-
grams, including the administration and oversight of competitive
grants and grants to Amtrak; and (2) consolidate related analytical
support functions currently located in the Office of Railroad Safety
and the Office of Railroad Policy and Development into a single
new Office of Research, Data, and Innovation. The proposed reorga-
nization would better support the full life-cycle of competitive grant
programs, improve stakeholder outreach and coordination, and in-
crease efficiencies. The Committee recommendation approves the
reorganization.
Competitive grants.—The Committee recognizes that competitive
grant programs require dedicated staff and contract support to
issue notices of funding opportunities (NOFOs), review applica-
tions, select projects for awards, execute grant agreements, and
conduct project management oversight. Further, the Committee ap-
preciates the FRA’s efforts through the proposed reorganization to
broaden and enhance its abilities to support the full life-cycle of
projects, including planning and project development, delivery,
oversight, and technical assistance. This increased focus is critical
considering the historic $66,000,000,000 in advance appropriations
provided across several rail programs over five years in the IIJA.
The success of potential applicants and grantees, and Amtrak, in
part relies upon a robust grant management and oversight pro-
gram. The Committee directs the FRA to administer and manage
all of the FRA competitive grant programs funded by this Act and
through advance appropriations in the IIJA in a timely and respon-
sible manner. To assist the FRA, the Act allows the Secretary to
withhold up to two percent of the funding provided for the Federal-
state partnership for intercity passenger rail and consolidated rail
infrastructure and safety improvements (CRISI) grant programs to
support the costs of grant awards and project management over-
sight, and allows the FRA to transfer such funds to a single ac-
count to support the award, administration, project management
oversight, and technical assistance of grants administered by the
FRA. Further, the Committee directs the FRA to provide bi-annual
reports to the House and Senate Committees on Appropriations on
the status of grant agreements and obligations for all awards for
fiscal years 2017 through 2023 for the Federal-state partnership for
intercity passenger rail, CRISI, restoration and enhancement, rail-
road crossing elimination, and interstate rail compacts grant pro-
grams.
Automated track inspection program (ATIP).—The ATIP uses
track geometry measurement vehicles to automatically measure
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track conditions which supplement the work of the FRA inspectors
to ensure railroads are compliant with the FRA track safety stand-
ards. The Committee recommendation supports the inspection of
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66
passenger rail routes, commuter rail routes, routes that carry en-
ergy products and other hazardous materials, and to enhance the
ATIP’s inspection capabilities. The Committee notes that funds pro-
vided for the ATIP in fiscal year 2023 are available to inspect
tracks and analyze data from the ATIP operations and inspections.
Positive train control (PTC).—Since December 29, 2020, FRA-cer-
tified and interoperable PTC systems have been in operation across
the country on nearly 58,000 route miles which carry passengers
or certain hazardous materials, as required by the Rail Safety Im-
provement Act of 2008 (P.L. 110–432). The Committee understands
the FRA has an ongoing role in the oversight, approval, and en-
forcement of PTC regulations, including performance monitoring,
compliance audits, and approval of safety-critical modifications and
upgrades. Should new passenger rail service be initiated or rail-
roads seek to voluntarily implement PTC, the FRA would provide
technical support and conduct the necessary oversight and approv-
als of PTC safety plans. In addition, the FRA will be evaluating im-
plementation and safety plans from certain class II and class III
railroads subject to the December 31, 2023, deadline to equip loco-
motives with PTC systems. The Committee recommendation pro-
vides funding to support the FRA’s work on these activities in fiscal
year 2023.
Trespasser prevention.—Pedestrians trespassing on railroad prop-
erty remains the leading cause of all rail-related fatalities, account-
ing for 69 percent of all U.S. rail-related deaths in 2021. The Com-
mittee commends the FRA for its commitment to addressing this
issue and its work to implement the national strategy to prevent
trespassing on railroad property (national strategy). The Com-
mittee understands that the FRA will continue to advance the
goals of the national strategy by conducting more outreach and
local assessments, collaborating with suicide prevention organiza-
tions, and gathering and analyzing data. The Committee rec-
ommendation provides funding for the FRA to continue these ac-
tivities in fiscal year 2023. In addition, the Committee directs the
FRA to brief the House and Senate Committees on Appropriations
annually to provide an update on the national strategy, including
the FRA’s progress on the milestones outlined in the national strat-
egy, and any potential new initiatives to reduce trespasser fatali-
ties.
Highway-rail grade crossing safety.—Highway-rail grade crossing
collisions remains the second leading cause of all rail-related fatali-
ties in the United States, accounting for 26 percent of all U.S. rail-
related deaths in 2021. The Committee understands that the FRA
has adopted a comprehensive approach to improving highway-rail
grade crossing safety. This includes developing, coordinating, and
implementing new technology solutions, assisting communities in
identifying Federal funding opportunities, improving outreach and
partnerships, gathering and analyzing data, and conducting re-
search and development. In addition, the FRA is using a data driv-
en process to identify the most dangerous highway-rail grade cross-
ings, which allows the FRA to engage with communities, state and
local agencies, law enforcement, railroads, and advocacy organiza-
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tions to identify potential local solutions. The Committee directs
the FRA to continue these activities and provides funding to sup-
port the FRA’s work in fiscal year 2023.
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67
Confidential close call reporting system (C3RS).—The Committee
commends the FRA for its efforts to increase participation in C3RS,
a voluntary program that enables participating railroads and their
employees to identify, analyze, and mitigate safety risks and im-
prove safety culture. Approximately 21 passenger, commuter, and
freight railroads are participating in C3RS. To better understand
how C3RS helps promote and improve safety culture, House Report
116–452 directed the GAO to examine the C3RS program and simi-
lar programs passenger, commuter, and freight railroads may have
in place to encourage their employees to identify and report safety
risks. The Committee looks forward to receiving the GAO’s find-
ings.
Blocked railroad crossings.—The Committee remains concerned
with the prevalence of railroad crossings blocked by trains, and the
potential impacts to communities and safety. The website the FRA
launched for the public and law enforcement to report blocked rail-
road crossings has been operational for over two years. The Com-
mittee appreciates the FRA’s work to review and analyze these re-
ports. The Committee directs the FRA to continue to use the infor-
mation gathered through the website to work with communities,
state and local agencies, law enforcement, railroads, and others to
develop local solutions to blocked railroad crossings.
Washington union station expansion project.—The Committee
recognizes the importance of Washington union station as a
multimodal transportation hub for the National Capital Region.
The Committee understands plans are underway to expand capac-
ity and improve multimodal facilities at the station. The Com-
mittee directs the FRA to continue working with the District of Co-
lumbia government on the project and to consider the feedback of
all stakeholders, including residents of affected neighborhoods, in
its planning process.
Direct intercity and commuter rail service.—The Committee rec-
ognizes the economic benefits of direct intercity and commuter rail
service in connecting urban and suburban areas and advancing
projects that facilitate expanded opportunities for one-seat ride
service to and from New York penn station, the busiest station in
the United States. The Committee urges the FRA and the Federal
Transit Administration to work together with Amtrak and com-
muter rail agencies, as sufficient resources are available, to expe-
dite regional investments on the northeast corridor that would
unlock new capacity for currently underserved communities in New
York and New Jersey and along the northeast corridor.
Railroad safety inspectors and specialists.—The Committee notes
the importance of a well-trained, stable workforce of railroad safety
inspectors and specialists to the overall safety of the passenger and
freight rail transportation system. This workforce is in high de-
mand and the FRA faces competition from the private sector for
these skilled safety professionals. House Report 117–99 directed
the FRA to review the position descriptions and classifications for
railroad safety inspectors and railroad safety specialists. The Com-
mittee understands the FRA has begun its work on this matter,
and looks forward to receiving the results of this review as required
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by House Report 117–99.
Intercity passenger rail competition.—While Amtrak operates the
majority of the intercity passenger rail service in the United
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68
States, the Committee notes that entities in the private sector also
operate intercity passenger rail service, including for Federally
funded intercity passenger rail routes. Such private sector opera-
tors have the potential to bring innovation, experience, capacity,
and unique operating models to benefit passengers and the nation’s
intercity passenger rail network. The Committee directs the FRA
to provide for competitive bidding procedures and connectivity be-
tween competitive services and the national intercity passenger rail
network, consistent with the law, in its implementation of the cor-
ridor identification and development program, and where prac-
ticable, in its execution of the Federal-state partnership for inter-
city passenger rail and restoration and enhancement grant pro-
grams. The Committee directs the FRA to brief the House and Sen-
ate Committees on Appropriations on its efforts no later than 180
days after enactment of this Act.
High-speed rail.—The Committee recognizes the potential for
high-speed rail to improve connectivity, while reducing single occu-
pancy vehicle trips, traffic congestion, and transportation-related
greenhouse gas emissions. The Committee notes that projects to
support the planning, development, final design, or construction of
high-speed rail, to include those utilizing electromagnetic guide-
ways, such as magnetic levitation or hyperloop systems, are eligible
projects under the Federal-state partnership for intercity passenger
rail and CRISI grant programs. A total of $9,385,000,000 is avail-
able for the FRA to make grants through these two competitive
grant programs in fiscal year 2023 through advance appropriations
in the IIJA and this Act. Section 26106(b)(4) of title 49, United
States Code, defines high-speed rail as intercity passenger rail
service that is reasonably expected to reach speeds of at least 110
miles per hour and section 26105(2) of title 49, United States Code,
defines high-speed rail as all forms of nonhighway ground trans-
portation that runs on rails or electromagnetic guideways providing
transportation service which is reasonably expected to reach sus-
tained speeds of more than 125 miles per hour and made available
to members of the general public as passengers. Recognizing that
current technology surpasses the minimum speed in these defini-
tions, when evaluating potential high-speed rail grant applications
submitted under the Federal-state partnership for intercity pas-
senger rail and CRISI grant programs the Committee urges the
FRA to prioritize projects that are reasonably expected to achieve
at least 186 miles per hour on new, dedicated rights-of-way or 160
miles per hour on shared rights-of-way. In addition, when evalu-
ating potential high-speed rail planning grant applications sub-
mitted under such grant programs, the Committee urges the FRA
to prioritize planning grants for high-speed rail projects that will
benefit communities where there is no current high-speed rail serv-
ice and no construction of new high-speed rail projects.
Automated track inspection technologies.—Section 213.233 of title
49, Code of Federal Regulations, requires that railroad tracks be
inspected by a person at a specific frequency based on the class and
type of track. These visual inspections ensure that roadbed, track
geometry, and track structure meet the FRA’s track safety stand-
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ards and detect track defects. In addition to visual inspections, rail-
roads have used automated track inspection technologies for many
years. Beginning in 2018, the FRA approved test programs for all
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69
six class I railroads to suspend the frequency of visual inspections
that would otherwise be required in order to test automated track
inspection technologies. While two test programs have been com-
pleted, four remain active and the FRA extended these test pro-
grams until November 23, 2022, in order to allow for completion.
According to the automated track geometry measurement system
technology test programs report submitted to Congress on Novem-
ber 23, 2021, as required by the Consolidated Appropriations Act,
2021 (P.L. 116–260), these test programs were designed to test
whether the use of automated track inspection technologies to sup-
plement visual inspections could justify decreasing the frequency of
visual inspections and to gather data. While the Committee recog-
nizes the safety benefits of automated track inspection tech-
nologies, such technologies are focused on track geometry and do
not cover the full spectrum of track defects covered by the FRA’s
track safety standards.
The Committee understands that the FRA is sharing test pro-
gram data with the railroad safety advisory committee (RSAC), a
Federal advisory committee that includes representatives from rail-
roads, labor, and other stakeholders and provides recommendations
to the FRA through a consensus-based approach. The RSAC accept-
ed task number 2019–05 in 2019 to consider specific improvements
to Federal track safety standards to enhance rail safety by improv-
ing track inspection methods, frequency, and documentation, which
includes an examination of ‘‘the feasibility to fulfill certain inspec-
tion requirements using automated track inspection technologies in
lieu of some visual inspections.’’ To better understand the FRA’s
evaluation of these test programs and the status of the RSAC’s ef-
forts with respect to task number 2019–05, the Committee directs
the FRA to provide regular briefings to the House and Senate Com-
mittees on Appropriations, with the first such briefing to occur no
later than 60 days after enactment of this Act. The Committee di-
rects the FRA to provide the following during such briefings: (1)
the current status of the FRA’s and the RSAC’s considerations re-
lating to the test programs and task number 2019–05; (2) an over-
view of the data obtained through the test programs; (3) any ac-
tions the FRA is considering with respect to Federal track safety
standards; and (4) any additional information or data relating to
these matters as the FRA deems appropriate.
Community impacts.—The approximately 145,000 route miles of
railroad tracks in the U.S. railroad system touch communities of all
sizes across the country, and passenger and freight rail traffic has
the potential to impact the health and safety of communities. In
addition to the safety challenges of trespassing on railroad rights-
of-way and collisions at highway-rail grade crossings, communities
may also experience noise, vibrations, spillage, leachate, particu-
lates or other pollution, and odors related to passing trains. The
Committee notes that the U.S. Environmental Protection Agency
(EPA) is responsible for regulating noise pollution under the Noise
Control Act of 1972. The EPA established a standard that limits
noise emissions produced by railroad operations and the FRA is re-
sponsible for enforcing the EPA noise emissions regulations. Fur-
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ther, the Committee understands that vibrations may indicate a
railroad safety mechanical or structural issue, which the FRA could
identify and address through inspection and compliance with the
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70
FRA’s railroad safety regulations. The Committee urges the FRA to
increase its engagement with local communities experiencing such
impacts to develop local solutions, as appropriate. In addition, the
Committee encourages the FRA to work with railroads, the Pipe-
line and Hazardous Materials Safety Administration (PHMSA),
and other Federal agencies, such as the EPA, to ensure the safe
transportation of waste and debris by rail.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2022 ......................................................... $43,000,000
Budget request, fiscal year 2023 ....................................................... 58,000,000
Recommended in the bill ................................................................... 47,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +4,000,000
Budget request, fiscal year 2023 ................................................ ¥11,000,000
The railroad research and development program provides science
and technology support for the 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 sup-
port technological innovations in conventional and high-speed rail-
roads.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $47,000,000 for the
railroad research and development program. Of the total funds pro-
vided, up to $3,000,000 is available to make improvements at the
transportation technology center as authorized by section 22102(c)
of the IIJA, and up to $4,700,000 is available for a rail research
and development center of excellence (COE) as authorized by sec-
tion 22102(d) of the IIJA.
The Committee directs the FRA to undertake research and devel-
opment activities in all disciplines—track research, rolling stock,
signals, train control and communications, human factors, and rail-
road systems—in order to maximize gains in rail safety and directs
the FRA to prioritize the introduction of new technology and data
analysis methods to improve safety in all areas of railroad oper-
ations.
Rail research and development COE.—Section 22413 of the IIJA
requires the Secretary to establish and maintain a rail research
and development COE to advance research and development that
improves the safety, efficiency, and reliability of passenger and
freight rail transportation. Further, section 22102(d) of the IIJA
authorizes the Secretary to withhold up to 10 percent of the
amount appropriated under this heading each fiscal year for grants
to establish and maintain such a COE. Therefore, the Committee
provides up to $4,700,000 for a rail research and development COE
in fiscal year 2023. The Committee notes that an institution of
higher education or a consortium of nonprofit institutions of higher
education are eligible to compete for such grants, and that section
22413 of the IIJA requires the Secretary to give preference to appli-
cants with strong past performance related to rail research, edu-
cation, and workforce development activities and to consider the re-
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gional and national impacts of the applicant’s proposal. In carrying
out the requirements of section 22413 of the IIJA, the Committee
encourages the FRA to consider the existing expertise of institu-
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71
tions of higher education, including those located along the north-
east corridor, and to take advantage of existing programs which
could hasten the establishment of a rail research and development
COE. The Committee directs the FRA to brief the House and Sen-
ate Committees on Appropriations on its efforts to establish a rail
research and development COE no later than 90 days after enact-
ment of this Act.
Safe transportation of energy products.—The Committee provides
up to $2,000,000 for the FRA to research and mitigate risks associ-
ated with the transportation of crude oil, ethanol, liquefied natural
gas (LNG), and other hazardous materials, including tank car re-
search in partnership with other Federal agencies. The Committee
is aware of several research and development projects the FRA and
the PHMSA are actively pursuing relating to the transportation of
LNG in rail tank cars. The Committee directs the FRA, in collabo-
ration with the PHMSA, to continue to identify and address gaps
in research relating to the transportation of LNG in rail tank cars,
which should inform rulemaking.
Emissions reduction.—While freight railroads only account for
1.9 percent of U.S. transportation-related greenhouse gas emis-
sions, and Amtrak is on average 46 percent more energy efficient
than traveling by car and 34 percent more energy efficient than do-
mestic air travel, the Committee recognizes that more can and
should be done to reduce emissions associated with freight and pas-
senger rail operations. The Committee understands research is on-
going to advance clean energy and alternative fuel options for use
in locomotives, including electrification, batteries and other energy
storage systems, hydrogen and fuel cell technologies, biodiesel, re-
newable diesel, and other forms of alternative fuels. The Com-
mittee provides $5,000,000 for the FRA to further the research, de-
velopment, testing, and demonstration of innovative technologies
and solutions for alternative fuels for locomotives, engine improve-
ments, and motive power technologies. The Committee directs the
FRA to coordinate such activities with the Department of Energy
and the private sector in order to hasten the transition from tradi-
tional diesel fuel locomotives, spur the development and deploy-
ment of clean energy and alternative fuel technologies, and achieve
commercial use. Further, the Committee directs the FRA to con-
duct research, development, testing, and analysis to determine the
safety of such technologies, any additional emergency response
planning and training requirements relating to such technologies,
related infrastructure requirements to support such technologies,
and any other activities the FRA deems necessary to ensure the
safe operations of such technologies.
Workforce development.—The recruitment, retention, and devel-
opment of the railroad workforce is critical to maintaining the cur-
rent freight and passenger rail network, responding to advances in
technologies, and realizing the potential of the IIJA to expand and
improve the freight and passenger rail network. The Committee ap-
preciates the FRA’s increased emphasis on workforce development
and training in the fiscal year 2023 budget request. The Committee
directs the FRA to continue to work with railroad stakeholders to
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better understand the current and future challenges facing the rail-
road workforce, and identify potential solutions and industry best
practices. Further, the Committee supports the FRA’s efforts to ad-
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72
dress diversity, equity, and inclusion in the railroad workforce
through its research activities.
Workforce safety.—The Committee notes that the FRA’s railroad
safety inspector workforce includes hazardous materials safety in-
spectors whose duties require them to enter potentially hazardous
environments and have exposed them to dangerous chemicals.
House Report 117–99 directed the FRA to conduct a pilot program
on multi-gas detectors. The Committee understands that the FRA
has initiated work on this pilot program. The Committee reminds
the FRA of the requirement in House Report 117–99 to report to
the House and Senate Committees on Appropriations on the find-
ings of the pilot program upon its completion.
Trespasser prevention and highway-rail grade crossing safety.—
As previously noted, the Committee remains concerned that the
two leading causes of all rail-related fatalities are trespassing on
railroad rights-of-way and collisions at highway-rail grade cross-
ings. Combined, these two causes accounted for 96 percent of all
rail-related fatalities in 2021. The Committee urges the FRA to
continue research and development activities which could improve
trespass detection and prevention, including at or near highway-
rail grade crossings, and to assist with the national strategy to pre-
vent trespassing on railroad property. In addition, the Committee
urges the FRA to continue research and development activities on
grade crossing technology and engineering solutions, including
human interactions with such technology.
Short-line safety.—The Committee provides $3,000,000 to con-
tinue to improve safety practices and training and develop safety
management systems for class II and class III freight railroads, in-
cluding efforts to improve the safe transportation of energy prod-
ucts, other hazardous materials, freight, and passenger rail. This
funding supports the 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,
outreach activities, and research.
Electronic systems.—The Committee recognizes that continued
investment in freight and passenger rail infrastructure programs
will make rail infrastructure, equipment, and the operating envi-
ronment safer. Therefore, the Committee urges the FRA to con-
tinue prioritizing investments in the development of technologies
designed to verify the functional performance of complex onboard
and wayside electronic systems such as: PTC, automated train con-
trol, passenger door control, train communications, computer-based
train control and land mobile radio testing, and train environ-
mental control. The Committee recognizes the importance of de-
ploying these technologies in new and existing systems and ac-
knowledges investments made in such technologies by cities, trans-
portation agencies, and railroads across the country. The Com-
mittee urges the FRA to continue working with industry to develop
standardized performance specifications, test and verification proc-
esses, and maintenance and diagnostics tools for such systems.
Locomotive compressors.—To better understand the potential en-
vironmental benefits of oil free compressors in locomotives, the
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Committee directs the FRA to conduct a study assessing oil free
compressors in comparison to oil-lubricated compressors used in lo-
comotives. The study should include potential impacts on air,
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73
water, and ground contamination, fuel efficiency, performance in
cold weather, operations and maintenance, life-cycle costs, safety,
and the applicability and availability of oil free compressors for
freight rail. The Committee directs the FRA to report its findings
to the House and Senate Committees on Appropriations no later
than 1 year after enactment of this Act.
FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
Appropriation, fiscal year 2022 ......................................................... $100,000,000
Budget request, fiscal year 2023 ....................................................... 555,000,000
Recommended in the bill ................................................................... 555,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +455,000,000
Budget request, fiscal year 2023 ................................................ –––
The Federal-state partnership for intercity passenger rail grant
program is authorized by section 24911 of title 49, United States
Code. Eligible activities include capital projects, as well as plan-
ning, environmental studies, and final design of capital projects, to:
(1) replace, rehabilitate, or repair infrastructure, equipment, or a
facility used for providing intercity passenger rail service to bring
such assets into a state of good repair; (2) improve intercity pas-
senger rail service performance; and (3) expand or establish new
intercity passenger rail service. States, a group of states, interstate
compacts, public agencies or publicly chartered authorities estab-
lished by one or more states, political subdivisions of a state, Am-
trak, Tribes, or a combination of such entities are eligible to apply
for this competitive grant program.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $555,000,000 for the
Federal-state partnership for intercity passenger rail grant pro-
gram. Of the total funds provided, not less than 45 percent shall
be for projects listed on the northeast corridor (NEC) project inven-
tory and not less than 45 percent shall be for projects not located
on the NEC, as required by section 24911(d)(3) of title 49, United
States Code.
Section 22307 of the IIJA amended the Federal-state partnership
for intercity passenger rail grant program authorization. The FRA
is now required to develop a NEC project inventory and make
project selections for the Federal-state partnership for intercity
passenger rail grant program consistent with the NEC project in-
ventory. The Committee understands that the FRA is coordinating
with the northeast corridor commission (NECC), Amtrak, and other
owners of the NEC infrastructure, and intends to issue a notice re-
lating to the NEC project inventory this summer. For projects not
located on the NEC, the FRA is now required to establish a cor-
ridor identification and development program, develop a project
pipeline based on such program, and give preference to projects
that are identified in, and consistent with, such pipeline when
making project selections for the Federal-state partnership for
intercity passenger rail grant program. The Committee notes that
the FRA established the corridor identification and development
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program on May 13, 2022. The Committee commends the FRA for
its work to initiate these respective processes, and directs the FRA
to continue working diligently toward completing the NEC project
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74
inventory by November 15, 2022, and the first corridor identifica-
tion and development program project pipeline by May 14, 2023, as
required by the IIJA.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
Appropriation, fiscal year 2022 ......................................................... $625,000,000
Budget request, fiscal year 2023 ....................................................... 500,000,000
Recommended in the bill ................................................................... 630,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +5,000,000
Budget request, fiscal year 2023 ................................................ +130,000,000
The consolidated rail infrastructure and safety improvements
grant program is authorized by section 22907 of title 49, United
States Code, to improve the safety, efficiency, and reliability of pas-
senger and freight rail transportation systems. Eligible activities
include a wide range of capital, safety technology deployment, tres-
passing prevention measures, regional and corridor planning, envi-
ronmental analyses, research, workforce development, and training
projects. States, a group of states, interstate compacts, public agen-
cies or publicly chartered authorities established by one or more
states, political subdivisions of a state, Tribes, Amtrak or other
intercity passenger rail operators, class II or class III railroads and
associations representing such railroads, rail carriers and rail
equipment manufacturers in partnership with a public entity, the
transportation research board, university transportation centers,
and non-profit rail labor organizations are eligible to apply for this
competitive grant program.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $630,000,000 for the
CRISI grant program. Of the total funds provided, not less than
$150,000,000 is for projects eligible 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 ex-
isting routes; not less than $25,000,000 is for projects eligible
under section 22907(c)(11) of title 49, United States Code; and
$5,000,000 is for preconstruction planning activities and capital
costs related to the deployment of magnetic levitation transpor-
tation projects.
Trespasser prevention.—The Committee remains committed to re-
ducing the number of deaths from pedestrians trespassing on rail-
road rights-of-way. The Committee notes that section 22303 of the
IIJA amended the CRISI authorization to make the development
and implementation of measures to prevent trespassing and reduce
associated injuries and fatalities an eligible project. The Committee
provides not less than $25,000,000 for such projects eligible under
section 22907(c)(11) of title 49, United States Code, to help reduce
trespassing on railroad property and along railroad rights-of-way.
Further, the Committee directs the FRA to give preference to
projects located in counties with the most pedestrian trespasser
casualties.
Planning grants.—The Committee recognizes that planning sup-
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port can be critical for communities seeking to invest in and im-
prove rail infrastructure. While CRISI project eligibility includes
the preparation of regional rail and corridor service development
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75
plans and corresponding environmental analyses, project specific
planning is not an eligible use under section 22907(c) of title 49,
United States Code. Therefore, the Act makes railroad systems
planning and railroad project development activities, such as
project planning, engineering, design, environmental analysis, fea-
sibility studies, the development and analysis of project alter-
natives, the preparation of regional intercity passenger rail plans,
and state rail plans, eligible for CRISI funding. This flexibility
could assist communities in developing passenger and freight rail
projects.
Workforce development and training.—The Committee appre-
ciates the FRA’s increased emphasis on workforce development in
the fiscal year 2023 budget request. The Committee notes that
while workforce development and training activities have been eli-
gible for CRISI funding since the program was established in the
Fixing America’s Surface Transportation (FAST) Act (P.L. 114–94),
the FRA has only received a small number of applications and only
four such projects have been selected for funding to date. The Com-
mittee reminds applicants that workforce development and training
activities are an eligible use of CRISI funding, and encourages the
FRA to increase education and outreach to potential applicants on
this important eligibility in the CRISI program.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
(AMTRAK)
Amtrak was created by Congress in the Rail Passenger Service
Act of 1970 (P.L. 91–518) to operate intercity passenger rail serv-
ice, which was previously operated by private railroads. Amtrak as-
sumed the common carrier obligations of the private railroads in
exchange for the right to priority access to the private railroad
tracks for an incremental cost.
Prior to the COVID–19 pandemic, Amtrak operated more than
300 trains each day to more than 500 destinations in 46 states, the
District of Columbia, and Canada. About 75 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 from Washington, D.C. to Boston, Mas-
sachusetts. In fiscal year 2019, Amtrak carried 32,500,000 people
on the NEC, state-supported routes, and long-distance routes.
The Infrastructure Investment and Jobs Act authorizes funding
for northeast corridor grants to Amtrak and national network
grants to Amtrak, which encompasses Amtrak’s state-supported
and long-distance routes, as well as other non-NEC activities.
COMMITTEE RECOMMENDATION
The Committee recommendation provides a total of
$2,345,000,000 for Amtrak through the northeast corridor grants
and national network grants accounts.
In addition, the IIJA provides $4,317,000,000 in advance appro-
priations in fiscal year 2023 to Amtrak through the northeast cor-
ridor grants and national network grants accounts. The Committee
notes that the IIJA identifies six distinct purposes for the advance
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appropriations including: (1) acquiring new passenger rail rolling
stock and associated rehabilitation, upgrade, and expansion of fa-
cilities used to maintain and store such equipment; (2) eliminating
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76
the backlog of deferred capital projects on Amtrak-owned assets lo-
cated on the NEC that solely benefit Amtrak service; (3) elimi-
nating the backlog of deferred capital projects on Amtrak-owned as-
sets not located on the NEC; (4) eliminating the backlog of obsolete
assets associated with Amtrak’s national rail passenger transpor-
tation system; (5) bringing Amtrak-served stations into compliance
with the Americans with Disabilities Act (ADA) of 1990 (P.L. 101–
336); and (6) carrying out NEC capital renewal backlog projects.
While the advance appropriations will be used to make inroads on
the long-standing backlog of state of good repair capital projects
across Amtrak’s network, the Committee notes that the annual ap-
propriations for Amtrak remain critical to supporting operations of
the NEC, state-supported, and long-distance services; maintaining
existing capital assets; and addressing the capital renewal projects
on the NEC. In addition, given the limitations in the IIJA on the
advance appropriations provided to Amtrak, the annual appropria-
tions will serve as the only direct funding to Amtrak which could
support efforts to provide new or expanded intercity passenger rail
service. Therefore, the Act allows Amtrak to use up to 10 percent
of the amounts provided through the national network grants ac-
count in this Act to support planning and capital costs, and oper-
ating assistance, for corridors selected by the FRA under the cor-
ridor identification and development program that are operated by
Amtrak, as authorized by the IIJA.
Further, the budget request identified $655,000,000 in additional
COVID–19 relief needs for Amtrak in fiscal year 2023 in order to
respond to the COVID–19 pandemic, and address expected revenue
shortfalls as Amtrak’s projected ridership for fiscal year 2023 still
trails pre-pandemic levels. The Committee notes that the
Coronavirus Aid, Relief, and Economic Security Act (P.L. 116–136),
Coronavirus Response and Relief Supplemental Appropriations Act,
2021 (P.L. 116–260), and American Rescue Plan Act of 2021 (P.L.
117–2) provided a combined $3,718,000,000 to Amtrak in supple-
mental funding to prevent, prepare for, and respond to the COVID–
19 pandemic. While the Committee has and continues to strongly
support Amtrak’s workforce, operations, and assistance to states
and commuter rail agencies operating on state-supported routes
and the NEC, such support in fiscal years 2020 and 2021 was pro-
vided through supplemental emergency funding. The Committee re-
mains committed to working with others in Congress in the coming
months to address any additional COVID–19 relief needs that may
be necessary through other legislative opportunities.
Congressional budget justification.—The Committee appreciates
the level of detail in the fiscal year 2023 budget justification and
directs Amtrak to submit a budget justification with a similar level
of detail for fiscal year 2024.
New or expanded passenger rail service.—The Committee strong-
ly supports intercity passenger rail service, which helps reduce sin-
gle occupancy trips, traffic congestion, and harmful emissions that
contribute to climate change. The Committee understands that Am-
trak engaged in a multiyear process to review its existing route
network and potential changes which could provide new or ex-
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panded intercity passenger rail service throughout the nation, re-
sulting in the Amtrak Connects US vision. While the Committee
sees promise in Amtrak’s vision to better serve communities across
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77
the country, it is vital that any new or expanded service continues
to be carried out in close collaboration with the FRA, states, local
governments, and other stakeholders. States and local governments
have successfully improved or expanded intercity passenger rail
service, are actively working on additional projects, and must con-
tinue to have the opportunity to serve as leads on projects and
should have the opportunity to partner with Amtrak. The Com-
mittee notes that these principles are imbedded in the corridor
identification and development program established in section
22308 of the IIJA. Specifically, the FRA is required to establish a
corridor identification and development program to select corridors
with the potential to support intercity passenger rail, partner with
project sponsors, states, Amtrak, and other operators to prepare
service development plans, and establish a project pipeline. A wide
range of entities, including Amtrak, states, groups of states, local
governments, Tribes, entities implementing interstate compacts, re-
gional passenger rail authorities, regional planning organizations,
and other public entities, are eligible to submit proposals to the
FRA for consideration under the program. The FRA established the
program on May 13, 2022, and encouraged eligible entities to sub-
mit expressions of interest in the program. The Committee under-
stands that the FRA intends to publish a notice to participate in
the program later this year. The Committee encourages the FRA
to ensure the program reflects regional connectivity goals and iden-
tifies the best available opportunities for reliable intercity pas-
senger rail service which may be along Amtrak’s 15 existing long-
distance routes, as well as corridor service(s) that connect to such
routes. The Committee directs the FRA to brief the House and Sen-
ate Committees on Appropriations on whether any eligible entities
expressed interest in or submitted proposals to participate in the
program to develop corridor service already served by the existing
Amtrak network on routes, such as the Capitol Limited, as well as
corridors that directly connect to Amtrak’s existing network. Fur-
ther, the Committee encourages Amtrak to work with states and
other eligible entities to identify potential partnerships, including
in states where those partnerships have not existed in the past,
and consider partnering with eligible entities to submit proposals
for new or expanded intercity passenger rail service. In addition,
as previously noted, a portion of the funding for the Federal-state
partnership for intercity passenger rail grant program is dedicated
to projects not located on the NEC. The Committee also encourages
Amtrak to consider submitting proposals as a lead applicant, where
a partner is not required, or in partnership with other eligible enti-
ties to support new or expanded intercity passenger rail service
through the Federal-state partnership for intercity passenger rail
grant program.
ADA accessibility at Amtrak stations.—The ADA provided Am-
trak 20 years, until July 26, 2010, to complete the necessary up-
grades at existing stations. As of April 2022, 90 of the 387 sta-
tions—or 23 percent—at which Amtrak has either sole or shared
ADA responsibilities were fully ADA compliant. In addition, Am-
trak has reached partial ADA compliance at another 72 stations
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but work on the platforms remains to be completed in order to be-
come fully compliant. The Committee understands that Amtrak
continues to anticipate becoming fully ADA compliant for all sta-
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78
tion components for which Amtrak bears responsibility by Sep-
tember 30, 2027, and anticipates spending more than
$1,086,000,000 on design and construction work through fiscal year
2027. As previously noted, one of the distinct purposes of the ad-
vance appropriations for Amtrak in the IIJA is to bring Amtrak-
served stations into compliance with the ADA. The Committee un-
derstands that the FRA intends to expand the scope of Amtrak’s
current ADA stations program to include additional stations that
Amtrak trains serve but where Amtrak currently has no ADA re-
sponsibilities. While the Committee supports the goal of making all
stations Amtrak trains serve ADA compliant, the Committee di-
rects Amtrak and the FRA to prioritize the remaining 297 stations
in Amtrak’s ADA stations program when implementing the ad-
vance appropriations in the IIJA.
Further, the Committee understands that Amtrak may encounter
challenges in obtaining cooperation from third-parties when mak-
ing ADA station improvements. The Amtrak OIG found in report
OIG–A–2021–012 that Amtrak did not have guidance in place to
memorialize internal steps the ADA stations program could take to
address such challenges, when and how to escalate to the ADA ex-
ecutive oversight committee, and what documentation was needed
to facilitate potential intervention by the Department of Justice.
The Amtrak OIG recommended that Amtrak develop and imple-
ment guidance on internal steps and documentation requirements
when third-party issues arise. The Committee understands Amtrak
has completed this recommendation, and directs Amtrak to in-
crease its efforts to coordinate and collaborate with third-parties
early in project development. In addition, the Committee directs
Amtrak to submit an updated report to the House and Senate Com-
mittees on Appropriations no later than 120 days after enactment
of this Act detailing the ADA stations program plan and timeline
to make the remaining 297 stations ADA compliant and accessible.
Station agents.—Station agents assist passengers with their
intercity passenger rail travel, conduct the sale of tickets, provide
customer service during all hours that a station is open, and per-
form building maintenance duties. Since fiscal year 2019, the Com-
mittee has directed Amtrak to provide a station agent in each Am-
trak station that had a ticket agent position eliminated in fiscal
year 2018. Amtrak continues to work to recruit, hire, and retain
employees at these stations. The Committee directs Amtrak to ei-
ther provide a station agent in each Amtrak station that had a
ticket agent position eliminated in fiscal year 2018 or, with respect
to any given station on that list, to instead reach an agreement
with the labor organization representing employees at such station
to provide a station agent in a different station. In addition, Am-
trak is directed to continue to improve communication and collabo-
ration with local partners and take into consideration the unique
needs of each community, including impacts to local jobs, when
making decisions related to the staffing of Amtrak stations.
Safety.—The Committee appreciates Amtrak’s commitment to en-
suring the safety of Amtrak’s passengers, employees, property, and
infrastructure. The Committee understands that Amtrak continues
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to implement recommendations made by the Amtrak OIG in report
OIG–A–2020–012. As Amtrak continues this work, the Committee
directs Amtrak to ensure that its workforce has opportunities to
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79
engage in the process. The Committee understands that Amtrak is
complying with section 154 of the Consolidated Appropriations Act,
2022 (P.L. 117–103) and directs Amtrak to report quarterly to the
House and Senate Committees on Appropriations on Amtrak’s ef-
forts to implement section 154.
Contact centers.—The contact center in Philadelphia, Pennsyl-
vania assists Amtrak’s customers with booking travel, managing
their Amtrak guest rewards program, arranging group or special
travel, navigating reimbursements, addressing complaints, and
more. The Committee continues to believe the employees at the
contact center provide an important service to Amtrak’s customers
and that Amtrak should continue to employ a dedicated Amtrak
workforce to support the customer service functions at the Philadel-
phia contact center. The Committee understands that Amtrak is
working to recruit, hire, and retain employees at the Philadelphia
contact center, including opportunities for contact center employees
to work from home. The Committee directs Amtrak to continue op-
erations 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
to perform telephonic or internet-based customer service support.
In addition, Amtrak should provide its contact center employees
with training on new forms of telephonic or internet-based cus-
tomer service communication features. Further, the Committee di-
rects Amtrak to report quarterly to the House and Senate Commit-
tees on Appropriations on the total number of Amtrak employees
at the Philadelphia contact center, including data 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. The Committee continues to direct
Amtrak to review and evaluate the locations and trains that may
be eligible for private car moves, update the guidelines for private
cars on Amtrak if additional locations or trains meet Amtrak’s cri-
teria, and notify private car owners of these changes. In addition,
the Committee directs Amtrak to continue to brief the House and
Senate Committees on Appropriations on the effects of these guide-
lines on private cars and charter trains and how Amtrak could
achieve its goals without negatively impacting private car and
charter train operations. Amtrak is directed to include an updated
report on private car and charter train policies in its fiscal year
2024 budget justification. 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 in-
formation may be commercially sensitive and cannot be made pub-
lic. Therefore, the Committee directs Amtrak to provide such infor-
mation through briefings to the House and Senate Committees on
Appropriations.
Workforce and hiring plans.—The Committee understands that
Amtrak is working diligently to recruit, hire, retain, and train em-
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ployees to support NEC, state-supported, and long-distance service
and restore service to pre-COVID–19 pandemic levels. To address
its hiring needs in a competitive job market, Amtrak is investing
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80
and expanding its internal human resources capabilities, engaging
potential employees through recruitment events, offering new em-
ployee incentives, expanding efforts to attract and grow early-ca-
reer employees through internship and scholarship programs, im-
plementing a recruitment marketing campaign, and increasing col-
laboration with its partners. In addition, Amtrak was awarded a
fiscal year 2021 CRISI grant to establish a three-year mechanical
craft workforce development apprenticeship training program to
train new employees and provide existing employees re-training.
The Committee appreciates the hiring updates Amtrak has pro-
vided to date, and directs Amtrak to continue to provide the House
and Senate Committees on Appropriations regular updates on its
efforts to recruit, hire, retain, and train employees in order to safe-
ly operate intercity passenger rail service on the NEC, state-sup-
ported, and long-distance routes. Further, the Committee directs
Amtrak to report to the House and Senate Committees on Appro-
priations no later than 60 days after enactment of this Act summa-
rizing overtime payments above $35,000 per Amtrak employee in-
curred by Amtrak for calendar year 2022. This summary shall in-
clude the total number of employees that received such overtime
payments and the total overtime payments paid to employees above
$35,000 for each month in 2022.
In addition, the Committee understands that Amtrak will need
to recruit, hire, and train additional employees to implement cap-
ital projects funded through the advance appropriations in the
IIJA. However, the Committee acknowledges that Amtrak’s work-
force needs and plans relating to the implementation of the IIJA
are evolving, especially at the project level. Therefore, the Com-
mittee directs Amtrak to include an update on its IIJA-related
workforce needs in its fiscal year 2024 budget justification, which
shall include an assessment of near-term and projected needs, and
may include updates on Amtrak workforce needs for projects along
the NEC that reflect project timelines established by the FRA,
NECC, and Amtrak as appropriate. Further, the Committee directs
Amtrak to brief the House and Senate Committees on Appropria-
tions on its IIJA-related workforce needs semi-annually, and to
share appropriate information with industry partners and the pub-
lic.
NEC cost-sharing agreements.—The Committee recognizes the
important role of the NECC in bringing together states, Amtrak,
and DOT to improve and modernize the NEC by facilitating col-
laborative planning and decision-making, developing and maintain-
ing the northeast corridor commuter and intercity rail cost alloca-
tion policy, and making recommendations to Congress. The Com-
mittee understands that joint beneficiaries of infrastructure
projects on the NEC need to reach cost-sharing agreements for
such projects in a manner consistent with the NECC’s northeast
corridor commuter and intercity rail cost allocation policy. The
Committee further understands that some infrastructure projects
have been delayed or stalled due to such cost-sharing agreements.
The Committee notes that dispute resolution processes are avail-
able under sections 24905(c)(2) and 24905(c)(4) of title 49, United
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States Code. Further, the Committee urges Amtrak to continue
working with relevant commuter rail agencies to finalize cost-shar-
ing agreements as soon as practicable.
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81
Cybersecurity.—The Committee understands that Amtrak is
working to implement its five-year strategic plan to create a more
cyber resilient environment that reduces risks and quickly detects
cyber threats in Amtrak’s enterprise, critical infrastructure, and
cloud environments, consistent with standards developed by the
National Institute of Standards and Technology (NIST) and its col-
laboration with Federally funded research and development cen-
ters. The Committee encourages Amtrak to use fiscal year 2023
funding to help facilitate the execution of Amtrak’s existing active
cyber defense strategy, including use of cyber deception capabili-
ties, which is consistent with NIST cybersecurity guidelines and re-
search and development with Federally funded research and devel-
opment centers.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
Appropriation, fiscal year 2022 ......................................................... $874,501,000
Budget request, fiscal year 2023 ....................................................... 1,200,000,000
Recommended in the bill ................................................................... 882,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +7,499,000
Budget request, fiscal year 2023 ................................................ ¥318,000,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $882,000,000 for north-
east corridor grants to Amtrak to support operating and capital ac-
tivities for Amtrak’s NEC. This funding level provides up to
$1,000,000 for the northeast corridor commission, which, combined
with the up to $5,000,000 in advance appropriations in fiscal year
2023 in the Infrastructure Investment and Jobs Act, fully funds the
NECC as authorized in section 22101(e) of such Act.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2022 ......................................................... $1,456,870,000
Budget request, fiscal year 2023 ....................................................... 1,800,000,000
Recommended in the bill ................................................................... 1,463,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +6,130,000
Budget request, fiscal year 2023 ................................................ ¥337,000,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $1,463,000,000 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. The Committee recommendation
does not provide additional funding for the state-supported route
committee, as the up to $3,000,000 in advance appropriations in
fiscal year 2023 in the Infrastructure Investment and Jobs Act
fully funds the state-supported route committee as authorized in
section 22101(d) of such Act. Further, the Committee recommenda-
tion does not provide additional funding for the interstate rail com-
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pacts grant program, as the up to $3,000,000 in advance appropria-
tions in fiscal year 2023 in the IIJA fully funds such grants as au-
thorized in section 22101(f) of such Act.
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82
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
(INCLUDING RESCISSION)
(INCLUDING TRANSFER OF FUNDS)
Section 150 prohibits Amtrak from using funds made available
by this Act in contravention of the Worker Adjustment and Re-
training Notification Act.
Section 151 allows the FRA to transfer certain amounts made
available in this and prior Acts to the financial assistance oversight
and technical assistance account to support the award, administra-
tion, project management oversight, and technical assistance of
grants administered by the FRA, with an exception.
Section 152 specifies that amounts made available in any prior
fiscal years for the restoration and enhancement grant program are
subject to section 22908 of title 49, United States Code, as in effect
on the effective date of the IIJA, and clarifies that section
22908(e)(2) does not apply to amounts made available for grants
under section 22908 of title 49, United States Code, in any prior
Act.
Section 153 allows the FRA to provide additional amounts to the
NECC and state-supported route committee in fiscal year 2023 in-
cluding to assist the FRA with the delivery of projects carried out
with funding provided in title VIII of division J of the IIJA, with
certain conditions.
Section 154 makes technical corrections to title VIII of division
J of Public Law 117–58.
Section 155 makes technical corrections to title VIII of division
J of Public Law 117–58.
Section 156 makes technical corrections to title VIII of division
J of Public Law 117–58.
Section 157 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 FTA ad-
ministers Federal financial assistance programs for planning, de-
veloping, and improving comprehensive mass transportation sys-
tems in both urban and non-urban areas. The most recent author-
ization for the programs under FTA is contained in the Infrastruc-
ture Investment and Jobs Act (P.L. 117–58). Annual appropriations
Acts include annual limitations on obligations for the transit for-
mula grants programs, and direct appropriations of budget author-
ity from the general fund of the Treasury for capital investment
grants and other programs.
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TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Liquidation of Limitation on
contract authority obligations
Appropriation, fiscal year 2022 ......................................................................... $13,355,000,000 $13,355,000,000
Budget request, fiscal year 2023 ..................................................................... 13,634,000,000 13,634,000,000
Recommended in the bill .................................................................................. 13,634,000,000 13,634,000,000
Bill compared with:
Appropriation, fiscal year 2022 ................................................................ +279,000,000 +279,000,000
Budget request, fiscal year 2023 ............................................................ ––– –––
Authorization acts provide contract authority for the transit for-
mula grant programs 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, the national tran-
sit database, and the FTA’s administrative expenses. This Act sets
an annual obligation limitation for such authority and provides liq-
uidating cash. This account is the only FTA account funded from
the Highway Trust Fund.
COMMITTEE RECOMMENDATION
The Committee recommendation provides a liquidation of con-
tract authorization and a limitation on obligations of
$13,634,000,000 for transit formula grants and programs, con-
sistent with the amounts authorized in the Infrastructure Invest-
ment and Jobs Act.
Transit-oriented development (TOD).—The utilization and expan-
sion of TOD is critical to revitalizing cities, reducing pollution and
congestion, and enhancing economic opportunity. The pilot program
for TOD planning authorized by section 20005(b) of MAP–21 (P.L.
112–141) supports transit planning that connects affordable hous-
ing, jobs, and mixed-use development with transportation options,
including sidewalks, bike paths, and alternative transportation for
pedestrians near transit stations. The Committee directs that not
less than $13,432,051 be made available for the pilot program for
TOD planning as authorized by section 20005(b) of MAP–21.
Innovation in affordable transit demonstration program.—As
part of the public transportation innovation program authorized
under section 5312 of title 49, United States Code, the Committee
directs the FTA to support a demonstration program to determine
the impacts of need-based transit subsidy programs in areas with
the worst air quality and traffic congestion in the country.
Cultural and natural areas in cities.—Major cities often have a
number of cultural attractions, such as museums, adjacent to nat-
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ural areas, such as lakes and parks. Facilitating clean energy
transportation, like zero-emission ‘‘last-mile’’ transportation op-
tions, to such cultural and natural attractions could support access
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84
to these areas, reduce greenhouse gas emissions, and improve ac-
cessibility for historically disadvantaged communities. The Com-
mittee encourages the FTA to study clean energy infrastructure so-
lutions in major cities with greenhouse gas reduction plans where
there are adjacent high-traffic cultural and natural areas.
Tribal transit fare cards.—The Committee recognizes that tribal
communities can face unique challenges to using transit including
lack of access or technology, and long commutes due to rural living.
The FTA’s tribal transit program provides funding to Federally rec-
ognized Tribes for capital, operating, planning, and administrative
expenses for public transit projects that meet the growing needs of
rural tribal communities. The Committee encourages the FTA to
provide technical assistance to Tribes and transit agencies that
seek to provide transit fare collection technology, including but not
limited to fare cards, to support access to public transit and trans-
portation options for tribal communities.
Agricultural worker transportation.—The Committee remains
concerned about the availability of safe, reliable transportation to
and from worksites for farmworkers, including farmworkers resid-
ing in housing financed by the U.S. Department of Agriculture
(USDA). The Committee directs the FTA, through the national
rural transportation assistance program, in coordination with the
USDA’s rural housing service, to develop materials and best prac-
tices that can be disseminated to local governments, nonprofit orga-
nizations, and operators of public transportation with the goal of
identifying options to establish or expand affordable and reliable
transit services for farmworkers, especially those residing in hous-
ing financed by the USDA, which could also contribute to reducing
the number of vehicles on the road and greenhouse gas emissions.
Transit worker safety.—The Committee notes that the FTA has
not met the statutory deadline in accordance with section 3022 of
the Fixing America’s Surface Transportation (FAST) Act (P.L. 114–
94), which requires the FTA to establish protections from assault
for transit workers. The Committee does not view the actions taken
by the FTA under 84 FR 24196 as sufficient to meet the require-
ments under such section and notes that Congress explicitly di-
rected the FTA to address the threat of transit worker assault sep-
arately in addition to its directives with regard to public transpor-
tation agency safety plans. The Committee directs the FTA to brief
the House and Senate Committees on Appropriations no later than
60 days after enactment of this Act on how it will comply with sec-
tion 3022 of the FAST Act in a manner that is consistent with con-
gressional intent.
Health and safety of public transit workers.—Safe and healthy
working conditions are critical to retaining and recruiting the pub-
lic transit workforce. The Committee directs the FTA, in consulta-
tion with the Occupational Safety and Health Administration, to
conduct a study that examines: (1) public transit worker health and
safety standards; (2) health outcomes; and (3) whether facility and/
or equipment upgrades could improve working conditions for public
transit workers. This study should include information and data
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from a diverse set of transit agency, city, and county workforces,
including mechanics, engineers, and operators. The Committee di-
rects the FTA to report its findings from this study to the House
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85
and Senate Committees on Appropriations no later than 1 year
after enactment of this Act.
Transportation equity research program.—Section 3046(a)(3) of
SAFETEA–LU (P.L. 109–59) authorized the Secretary to conduct
research and demonstration activities that focus on the impacts
that transportation planning, investment, and operations have on
low-income and minority populations that are transit dependent.
The Committee notes that such activities remain relevant today,
and directs the FTA to utilize not less than $1,000,000 of the
amounts provided under this heading for section 5312 of title 49,
United States Code, for the transportation equity research program
as authorized by section 3046(a)(3) of SAFETEA–LU.
COVID–19 pandemic impacts on transit accessibility.—The Com-
mittee notes that the COVID–19 pandemic has impacted transit
agencies and transit riders throughout the nation. The Committee
directs the FTA to provide a report no later than 180 days after
enactment of this Act to the House and Senate Committees on Ap-
propriations on the ways in which the COVID–19 pandemic im-
pacted historically disadvantaged communities, including low-in-
come populations and communities of color who rely upon public
transportation.
Pregnant transit riders.—The Committee commends the FTA for
issuing the report entitled ‘‘Analysis of Challenges Facing Pregnant
Women Riding Transit’’ in February 2022, as required by the Con-
solidated Appropriations Act, 2021 (P.L. 116–260). This report fo-
cused on available literature and identified seven challenges preg-
nant women face when using public transit. The report found that
more research is needed to increase the understanding of these
issues and identify potential solutions, and that transit agencies
could do more to improve transit service for pregnant riders. There-
fore, the Committee directs the FTA to conduct follow-on, targeted
research to increase the FTA’s understanding of the needs of preg-
nant transit riders of all races, varying levels of English proficiency
and literacy, varying socioeconomic statuses, and with disabilities,
and identify useful, affordable, and practical solutions. The Com-
mittee directs the FTA to complete such research no later than 18
months after enactment of this Act and to publish the results of
this research on the agency’s website.
Worker/driver bus program.—The Committee understands that
some transit agencies offer worker/driver bus programs. Operating
similar to carpools, the driver boards their bus near their home in
the morning and travels to work, picking up co-workers along the
way, and repeats the trip on the return home. Such programs are
open to the general public, and not limited to individuals working
at the drivers final destination. The Committee recognizes that
worker/driver bus programs have experienced challenges and re-
duced ridership. The Committee urges the FTA to provide technical
assistance to transit agencies with worker/driver bus programs, in-
cluding efforts to improve user access and interface and increase
ridership.
One-stop paratransit initiatives.—The Committee acknowledges
continued challenges in addressing transportation barriers for peo-
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ple with disabilities, and recognizes that innovations in transpor-
tation and related technologies could improve transportation for in-
dividuals with disabilities. The Committee notes that the IIJA in-
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86
creased funding for the enhanced mobility of seniors and individ-
uals with disabilities program, providing a combined $429,002,836
in formula grants for fiscal year 2023 from the mass transit ac-
count of the Highway Trust Fund and advance appropriations,
which represents a 46 percent increase when compared to fiscal
year 2021, the last year of the FAST Act. The Committee under-
stands there are potential benefits to utilizing technology innova-
tions to provide one intermediate stop outside of the vehicle during
a trip for Americans with Disabilities Act (ADA) paratransit riders.
Such an intermediate stop could help alleviate long rider wait
times between multiple trips and could enable riders to complete
additional activities. The Committee encourages the FTA to assist
eligible recipients in utilizing funding from the enhanced mobility
of seniors and individuals with disabilities program to develop and
implement intermediate one-stop programs for ADA paratransit
riders.
Microtransit.—The FTA has adopted the definition of micro-
transit from the transit cooperative research program (TCRP), spe-
cifically from the TCRP research report 188 entitled ‘‘Shared Mobil-
ity and the Transformation of Public Transit’’. Microtransit is IT-
enabled private multi-passenger transportation services that serve
passengers using dynamically generated routes, and may expect
passengers to make their way to and from common pick-up or drop-
off points. Microtransit service is generally eligible under the FTA’s
programs, and transit agencies may contract for eligible micro-
transit services. The Committee recognizes the potential benefits of
microtransit in providing connections to pre-existing transit hubs,
addressing so-called ‘‘transit-deserts’’, and improving access to pub-
lic transit for individuals with disabilities. In administering com-
petitive grant programs, the Committee urges the FTA to consider
the following when developing notices of funding opportunities: (1)
increase economic mobility, equity, accessibility, and sustainability;
(2) the speed with which new services and projects can be deployed;
(3) encourage public-private collaboration; and (4) incorporating
microtransit and other transit innovations as eligible projects.
Fare-free transit.—Prior to the COVID–19 pandemic some transit
agencies were exploring and implementing fare-free transit pro-
grams, and some continued or initiated such programs during the
pandemic. The Committee recognizes the potential benefits of fare-
free transit programs, which could increase ridership, improve mo-
bility and accessibility for riders, and reduce financial burdens for
riders, including historically disadvantaged communities. The Com-
mittee encourages the FTA to assist transit agencies in evaluating
fare-free transit programs. In addition, when considering applica-
tions for competitive grant programs, the Committee urges the FTA
to give due consideration to transit agencies that have imple-
mented fare-free transit programs.
Fare integration.—The Committee notes that metropolitan areas
throughout the country have established or are considering inte-
grated fares where transit and shared transportation modes are de-
livered by different local agencies. Integrated fares can offer a
seamless transit experience for riders, which can help increase rid-
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ership and help transition fragmented public transit agencies into
more unified, equitable, and widely used systems. The Committee
supports such fare integration efforts, including in the Chicago re-
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87
gion where transit agencies have made progress on a regional con-
nect pass. The Committee encourages the FTA to assist transit
agencies through technical assistance and best practices on how to
successfully establish integrated fare systems that include shared
transportation options and support seamless transfers between
transit agencies in a regional area.
Transit vehicle innovation deployment centers (TVIDC).—The
Committee remains keenly interested in the TVIDC program which
provides critical research and technical assistance to advance inno-
vation in transit. The Committee supports the continued use of the
TVIDC program to develop solutions to the challenges transit oper-
ators and bus original equipment manufacturers face as the transit
industry moves toward full-scale adoption of zero emission transit
technologies. As zero emission buses reach commercial maturity,
the FTA should prioritize research efforts on adopting more effi-
cient vehicle components and subsystems, including, but not lim-
ited to, more efficient heating, ventilation, and air conditioning sys-
tems, safer and more efficient drive and brake by wire systems, in-
tegrated cooling systems, and improved electric drive technologies.
To help foster advances within such areas, the Committee directs
the FTA to utilize the TVIDC program to identify and suggest pri-
orities for zero emission bus component focused research and inno-
vation development, using the TVIDCs industry wide coordination
structure and understanding of zero emission bus components and
vehicles.
Non-emergency medical transportation services study.—The Com-
mittee notes that access to health care and transportation are
interrelated. Individuals without their own means of transportation
or who do not live near accessible public transportation options are
more limited in how they can receive non-emergency medical care.
Therefore, the Committee directs the GAO to conduct a study on
access to non-emergency medical transportation services, with a
focus on individuals in disadvantaged populations and historically
disadvantaged communities. The report should include a review on
how to make it easier for such individuals and communities to use
non-emergency medical transportation services and how Federal
funding provided under chapter 53 of title 49, United States Code,
could support non-emergency medical transportation services for
such individuals and communities. The Committee directs the GAO
to report its findings to the House and Senate Committees on Ap-
propriations no later than 18 months after enactment of this Act.
TRANSIT INFRASTRUCTURE GRANTS
Appropriation, fiscal year 2022 ......................................................... $504,263,267
Budget request, fiscal year 2023 ....................................................... 200,000,000
Recommended in the bill ................................................................... 646,428,324
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +142,165,057
Budget request, fiscal year 2023 ................................................ +446,428,324
Authorization acts provide contract authority for the transit for-
mula grant programs from the mass transit account of the High-
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way Trust Fund. This account provides additional funding from the
general fund of the Treasury for important transit priorities au-
thorized under chapter 53 of title 49, United States Code.
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COMMITTEE RECOMMENDATION
The Committee recommendation provides $646,428,324 in transit
infrastructure grants, of which $267,428,324 is for community
project funding in accordance with the table at the end of this re-
port. The following table provides funding levels for activities with-
in this account.
Request Recommendation
Buses and bus facilities competitive grants .............................................................. ––– $200,000,000
Low or no emission grants .......................................................................................... ––– 75,000,000
Passenger ferry grants ................................................................................................ ––– 20,000,000
Bus testing .................................................................................................................. ––– 2,000,000
Community project funding ......................................................................................... ––– 267,428,324
Administrative expenses .............................................................................................. ––– 2,000,000
Ferry service for rural communities ............................................................................ ––– 30,000,000
Integrated smart mobility grants ................................................................................ $50,000,000 50,000,000
Zero emission system transformation planning grants .............................................. 50,000,000 –––
Climate resilience and adaptation grants .................................................................. 100,000,000 –––
Total .................................................................................................................... $200,000,000 $646,428,324
Buses and bus facilities competitive grants.—The Committee con-
tinues to support the buses and bus facilities competitive grant pro-
gram, which was first authorized in the FAST Act. The Committee
notes that the IIJA increased funding for the program, providing
$383,544,933 for fiscal year 2023 from the mass transit account of
the Highway Trust Fund, which represents a 32 percent increase
when compared to fiscal year 2021, the last year of the FAST Act.
When combined with the amounts provided under this heading,
which are in addition to the amounts provided from the mass tran-
sit account of the Highway Trust Fund under the ‘‘Transit Formula
Grants’’ heading, a total of $583,544,933 is available to support
buses and bus facilities competitive grants in fiscal year 2023. The
Committee encourages the FTA to follow the guidance set forth in
the FAST Act in section 5339(b)(2) of title 49, United States Code,
when developing selection criteria for the program, which requires
the Secretary to consider the age and condition of buses, bus fleets,
related equipment, and bus-related facilities. In addition, the Com-
mittee directs the FTA to include activities that increase green
space surrounding a bus transportation hub structure as eligible
for amounts provided under this heading in this Act for buses and
bus facilities competitive grants.
Low or no emission grants.—The Committee is pleased by the
continued interest in low and no emission buses nationwide, and
notes that a total of $1,198,056,178 is available to support low or
no emission grants in fiscal year 2023 through the mass transit ac-
count of the Highway Trust Fund under the ‘‘Transit Formula
Grants’’ heading, advance appropriations in the IIJA, and this Act.
Section 30018 of the IIJA amended the low or no emission grants
authorization to require the Secretary to award no less than 25
percent of the funding made available for such grants for projects
‘‘other than zero emission vehicles and related facilities’’. Recog-
nizing this requirement, the Committee encourages the FTA to
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prioritize zero emission buses and related infrastructure for the re-
maining amounts made available for low or no emission grants in
fiscal year 2023.
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89
The Committee recognizes the potential of wireless charging, also
known as inductive charging, for electric buses, which could extend
the operating range of buses, shorten charging times, and reduce
the size of batteries. The Committee directs the FTA to conduct a
study on the effectiveness of wireless charging as an alternative to
wired charging, including recommendations for deploying wireless
charging to improve public transit. The Committee directs the FTA
to complete such a study no later than 1 year after enactment of
this Act and to publish the report on the agency’s website.
In addition, the Committee continues to strongly encourage the
FTA to promote greater use of the innovative procurement authori-
ties for technologically advanced buses that were established by
section 3019 of the FAST Act. The Committee encourages FTA to
provide technical assistance to states regarding the development of
state purchasing schedules that are consistent with Federal law,
take steps to ensure that purchases by transit agencies off of state
schedules from other states comply with Federal requirements, and
use webinars and stakeholder events to make transit agencies more
aware that purchases off of state schedules are an eligible use of
funds regardless of location.
Integrated smart mobility grants.—The Committee recognizes
that transit systems must transform and adapt to better serve the
needs of riders and communities. Further, as previously noted, the
COVID–19 pandemic has impacted transit agencies and transit rid-
ers throughout the nation. Continued innovation in transit is crit-
ical to navigating and adapting to the post-COVID–19 era, which
potentially includes long-term changes in ridership patterns, and
making progress on prior investments that have advanced payment
and trip planning technologies as well as mobility on demand, in-
cluding the integration of micro-mobility. To assist transit agencies
in developing, demonstrating, and ultimately adopting innovative
approaches to mobility, the Committee provides $50,000,000 for in-
tegrated smart mobility grants, a new competitive grant program,
to improve safety, accessibility, air-quality, and equity in access to
community services and economic opportunities.
Air quality and traffic congestion.—The Committee supports the
administration’s emphasis on sustainability, climate resilience, and
equity, and encourages the Secretary and the FTA to prioritize
funding for transit projects in areas that suffer from the worst air
quality and traffic congestion in the country.
TECHNICAL ASSISTANCE AND TRAINING
Appropriation, fiscal year 2022 ......................................................... $7,500,000
Budget request, fiscal year 2023 ....................................................... 8,000,000
Recommended in the bill ................................................................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +500,000
Budget request, fiscal year 2023 ................................................ –––
The Infrastructure Investment and Jobs Act authorizes the FTA
to provide technical assistance under section 5314 of title 49,
United States Code, for standards development, human resource
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and training activities, and workforce development programs.
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COMMITTEE RECOMMENDATION
The Committee recommendation provides $8,000,000 for tech-
nical assistance and training authorized under section 5314 of title
49, United States Code. In addition to the amounts provided under
this heading, $12,088,846 is provided for activities under section
5314 of title 49, United States Code, through the mass transit ac-
count of the Highway Trust Fund under the heading ‘‘Transit For-
mula 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 FTA assists public transit recipi-
ents with frontline workforce development and standards-based
training in maintenance and operations. The cooperative agree-
ment should be with a national nonprofit organization with a dem-
onstrated capacity to develop and provide such programs though
labor management partnerships and apprenticeships.
Mobility for people with disabilities and older adults.—Of the
total amounts made available for activities under section 5314 of
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 a level commensurate with
the amounts dedicated to such agreements in each year since 2018.
Small-urban, rural, and tribal transit providers.—The Com-
mittee directs that not less than $1,500,000 shall be for a coopera-
tive agreement through which the FTA assists small-urban, rural,
and tribal public transit recipients and planning organizations with
applied innovation and capacity building. Such technical assistance
should help recipients and subrecipients with deploying new forms
of transit service; providing metropolitan mobility in urban areas
that historically have not received FTA formula grants; promoting
regionalized approaches to transit and mobility; assisting rural and
urban areas with changing mode-share strategies, particularly with
respect to changing patterns of urban growth and transit needs as
indicated by the 2020 decennial census; incorporating more low or
no emission vehicles in transit fleets; developing post-COVID–19
pandemic transit service strategies and configurations; and estab-
lishing responsive and equitable forms of transit in historically dis-
advantaged communities.
Zero emission vehicle workforce study.—The Committee notes
that in 2019, the GAO concluded that the FTA lacked a transit
workforce strategic plan, that the FTA did not have performance
goals and measures for its transit workforce development efforts,
and that much is unknow about the transit workforce needs of the
future, including how technology advances will affect the transit
workforce. The GAO recommended that the FTA determine, in col-
laboration with stakeholders, whether additional transit workforce
data is needed, develop a comprehensive transit workforce strategy,
and establish performance goals and measures for its transit work-
force development efforts. While the FTA concurred with all three
of the GAO recommendations, the Committee notes that all rec-
ommendations remain open. The Committee reminds the Depart-
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ment to submit the report required by House Report 117–99 to the
House and Senate Committees on Appropriations on the steps it is
taking to address the findings in GAO Report 19–290.
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Further, the Committee notes that in its engagement with stake-
holders, the GAO found that advances in technology was cited as
an example of the challenges stakeholders experience in recruiting
and retaining transit workers. While the Committee strongly sup-
ports efforts by transit agencies to deploy low or no emission buses
as a means to improve air quality and mitigate the effects of cli-
mate change, the Committee is concerned that transit agencies are
not prepared to address the workforce challenges these new tech-
nologies present. Therefore, the Committee directs the GAO to
build upon its prior work with a report focused on the transit work-
force development needs as transit agencies transition to zero emis-
sion vehicles. The report should include: (1) any challenges transit
agencies may face in ensuring their workforce has the skills nec-
essary to effectively procure, manage, and maintain zero emission
vehicles; (2) the actions transit agencies are taking to ensure their
workforce has the skills to manage zero emission vehicles in their
fleets; (3) the equipment and mechanic workforce needed for main-
tenance and repairs of zero emission vehicles; and (4) the actions
the FTA and other Federal agencies are taking to assist transit
agencies in addressing workforce needs for zero emission vehicles,
including training and recruiting workers. The Committee directs
the GAO to report its findings to the House and Senate Commit-
tees on Appropriations no later than 18 months after enactment of
this Act.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2022 ......................................................... $2,248,000,000
Budget request, fiscal year 2023 ....................................................... 2,850,000,000
Recommended in the bill ................................................................... 3,012,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +764,000,000
Budget request, fiscal year 2023 ................................................ +162,000,000
The capital investment grants (CIG) program is authorized by
section 5309 of title 49, United States Code, to provide discre-
tionary grants for transit capital investment in rail or other fixed
guideway systems, including heavy rail, commuter rail, light rail,
streetcars, and bus rapid transit. Eligible recipients include public
bodies and agencies including states, municipalities, other political
subdivisions of states; public agencies and instrumentalities of one
or more states; and certain public corporations, boards, and com-
missions under state law.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $3,012,000,000 for cap-
ital investment grants. The following table provides funding levels
for activities within this account.
Request Recommendation
New starts ................................................................................................................... $2,080,484,158 $1,897,166,000
Core capacity ............................................................................................................... 139,519,539 40,714,000
Small starts ................................................................................................................. 151,496,303 94,000,000
Expedited project delivery ............................................................................................ 450,000,000 350,000,000
Section 165 .................................................................................................................. ––– 600,000,000
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Administration ............................................................................................................. 28,500,000 30,120,000
Total .................................................................................................................... $2,850,000,000 $3,012,000,000
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The Committee recommendation, combined with the funding pro-
vided in the Consolidated Appropriations Act, 2022 (P.L. 117–103)
which remains unallocated, provides sufficient funding to support
projects that currently have executed grant agreements with the
FTA and projects that meet the requirements of section 5309 of
title 49, United States Code, and are anticipating grant agreements
in fiscal year 2023. The Committee notes that section 5309(b)(l) of
title 49, United States Code, authorizes the use of funds for certain
activities for new starts and small starts projects in advance of
grant agreements, and the FTA may utilize funding in fiscal year
2023 for such purposes. Further, section 165 in this Act provides
additional amounts to recipients of capital investment grants under
certain conditions.
CIG administration.—The Committee directs the FTA to con-
tinue to administer the CIG program under current guidance and
to proactively work with applicants and grantees to facilitate
projects moving through the CIG pipeline and towards a full fund-
ing grant agreement (FFGA) or small starts grant agreement. The
FTA is directed to evaluate, rate, and recommend projects for fund-
ing, and subsequently award grants to projects that meet the statu-
tory requirements of section 5309 of title 49, United States Code.
The Committee directs the FTA to enter into FFGAs in which the
CIG contribution is not less than 40 percent of the net project cost,
except at the direct request of the project sponsor. Further, the
Committee encourages the FTA to fully consider small starts
projects that would include stations that serve one or more oppor-
tunity zones, as defined in Public Law 115–97.
The Committee directs the FTA to continue to update the House
and Senate Committees on Appropriations, monthly, on the status
of projects that are in the current CIG funding pipeline. The Com-
mittee also directs the FTA to provide notice to the House and Sen-
ate 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 section 5309
of title 49, United States Code. Further, the Committee directs the
FTA to engage with industry stakeholders before making signifi-
cant changes to the CIG program process or criteria, and reminds
the FTA that section 5309 of title 49, United States Code, requires
the FTA to issue policy guidance each time significant changes are
made to such processes and criteria.
The Act requires the Secretary to submit the fiscal year 2024 an-
nual report on funding recommendations as required by section
5309 of title 49, United States Code, with the fiscal year 2024
budget request, and to include proposed funding allocations for fis-
cal year 2024. Further, the Committee directs the FTA to maintain
the Federal funding commitments for all existing grant agree-
ments, to identify all projects with a medium or higher rating that
anticipate requesting a grant agreement in fiscal year 2024, and to
submit a list of projects to which it expects to award an FFGA or
small starts grant agreement during the budget year.
FFGAs.—Section 5309 of title 49, United States Code, requires
that the FTA notify the House and Senate Committees on Appro-
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priations as well as the House Committee on Transportation and
Infrastructure and the Senate Committee on Banking, Housing,
and Urban Affairs not later than 15 days prior to executing a
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FFGA. In its notification to the House and Senate Committees on
Appropriations, the Committee directs the FTA to include the fol-
lowing: (1) a copy of the proposed FFGA; (2) the total and annual
Federal appropriations amount required for the project; (3) yearly
and total Federal appropriations amount that can be reasonably
planned or anticipated for future FFGAs for each fiscal year
through 2026; (4) a detailed analysis of annual commitments for
current and anticipated FFGAs against the program authorization,
by individual project; (5) a financial analysis of the project’s cost
and the sponsor’s ability to finance the project, which shall be con-
ducted by an independent examiner, and shall include an assess-
ment of the capital cost estimate and 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 fu-
ture revenue and ridership forecasts; and (8) a listing of all
planned contingencies and possible risks associated with the
project.
The Committee continues to direct the FTA to inform the House
and Senate Committees on Appropriations in writing 30 days prior
to approving 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.
In addition, the Committee directs the FTA to continue reporting
monthly to the House and Senate Committees on Appropriations on
the status of each project with a FFGA or that is within two years
of executing a FFGA. The Committee directs that such monthly re-
porting include any requests for letters of no prejudice and the
level of funds allocated and obligated, by fiscal year.
Affordable and workforce housing consideration.—As noted
throughout this report, the connection between housing and trans-
portation is critical. The location of affordable housing and its prox-
imity to transportation can have a significant impact on the cost
of living and quality of life of individuals and families. The Com-
mittee notes that the CIG program can serve as an important tool
in expanding access to affordable housing by supporting projects for
new or expanded transit systems. Section 5309 of title 49, United
States Code, requires the FTA to evaluate and rate all CIG projects
according to specific project justification criteria, including the eco-
nomic development effects associated with the project and policies
and land use patterns of the project that support public transpor-
tation. The Committee understands that the FTA evaluates afford-
able housing under both the economic development and land use
criteria. When rating new starts and core capacity projects, the
Committee directs the FTA to consider a weighting of a minimum
of five percentage points greater to economic development or land
use criteria if the project sponsor demonstrates substantial efforts
to preserve or encourage affordable housing or workforce housing
near the proposed project.
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GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
Appropriation, fiscal year 2022 ......................................................... $150,000,000
Budget request, fiscal year 2023 ....................................................... 150,000,000
Recommended in the bill ................................................................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
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 the 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 recommendation provides $150,000,000 for
WMATA for critical capital and safety improvements. PRIIA cre-
ated a successful Federal-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 commitment to a safe and reliable public transpor-
tation 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 directs WMATA to work with the
Secretary of Transportation and the Cybersecurity and Infrastruc-
ture 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 the Internet of Things and unknown
and unauthorized devices in its cybersecurity plan.
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
Section 160 exempts previously made transit obligations from
limitations on obligations.
Section 161 allows funds provided in this Act that remain unobli-
gated by September 30, 2026, for capital investment grants projects
to be available for other projects to use the funds for the purposes
for which they were originally provided.
Section 162 allows for the transfer of appropriations made prior
to October 1, 2022, from older accounts to be merged into new ac-
counts with similar, current activities.
Section 163 prohibits the enforcement of the Rostenkowski test.
Section 164 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
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than 40 percent of project costs.
Section 165 provides additional amounts to recipients of capital
investment grants under certain conditions.
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Section 166 extends the period of availability for amounts made
available for capital investment grants in Public Law 116–94.
Section 167 allows fuel and utilities for vehicle operations to be
treated, at the option of the recipient, as an associated capital
maintenance item for grants made under sections 5307 and 5311
of title 49, United States Code, in fiscal year 2023 with certain con-
ditions.
GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2022 ......................................................... $38,000,000
Budget request, fiscal year 2023 ....................................................... 38,500,000
Recommended in the bill ................................................................... 41,500,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,500,000
Budget request, fiscal year 2023 ................................................ +3,000,000
The Great Lakes St. Lawrence Seaway navigation system is a bi-
national, 15-lock system jointly operated by the Great Lakes St.
Lawrence Seaway Development Corporation (GLS) and its Cana-
dian counterpart, the Canadian St. Lawrence Seaway Management
Corporation. The GLS was established by the St. Lawrence Seaway
Act of 1954, is a wholly owned government corporation, and an op-
erating administration of the Department of Transportation. The
GLS is charged with operating and maintaining the U.S. portion of
the Great Lakes St. Lawrence Seaway, which includes the two U.S.
locks in Massena, New York, vessel traffic control in portions of the
St. Lawrence River and Lake Ontario, and trade development func-
tions to enhance the utilization of the Great Lakes 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 GLS operations and maintenance. Addition-
ally, the GLS generates non-Federal revenues which can be used
for operations and maintenance.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $41,500,000 to fund
the operations, maintenance, and capital infrastructure activities of
the GLS. Of the total funds provided, not less than $14,800,000 is
for the seaway infrastructure program. In addition, the Act allows
the GLS to use not more than $1,000,000 in prior year unobligated
balances for operations and maintenance of the seaway inter-
national bridge.
Market development and promotion.—The Committee appreciates
the GLS’ longstanding work to promote the entire Great Lakes St.
Lawrence Seaway navigation system to increase trade and thereby
support jobs and economic activity. In August 2021, after consulta-
tions with system stakeholders, the GLS completed a trade and
economic development strategic plan as required by House Report
116–452. The strategic plan centers on three primary themes: (1)
raising system awareness; (2) promoting Great Lakes cruising; and
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(3) improving business intelligence. In addition, the GLS estab-
lished a dedicated Office of Trade and Economic Development with
three full-time equivalents.
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The Committee provides $4,000,000 for market development and
promotion of the Great Lakes St. Lawrence Seaway navigation sys-
tem, to be carried out in cooperation with system stakeholders.
These resources may be used to implement the strategic plan, en-
hance and expand existing marketing efforts, conduct market re-
search, and support marketing initiatives and trade promotion with
the goal of growing the volume of waterborne commerce and pas-
senger cruise activity on the system. The Committee directs the
GLS to continue to identify and develop additional trade and eco-
nomic development activities, in consultation with system stake-
holders, based on the results of the planned activities included in
the strategic plan and any relevant changes in market conditions.
Further, the Committee directs the GLS to provide regular updates
to the House and Senate Committees on Appropriations on its
progress implementing the strategic plan and to continue to coordi-
nate with system stakeholders.
Harmonization of navigation season.—The annual opening and
closure dates of the Great Lakes St. Lawrence Seaway are not syn-
chronized with other assets on the Great Lakes navigation system
such as the soo locks, which are operated by the U.S. Army Corps
of Engineers (USACE). The Committee reminds the GLS of the di-
rection included in House Report 117–99 to identify the opportuni-
ties and challenges with coordinating the opening and closing of
the Great Lakes St. Lawrence Seaway and soo locks, in consulta-
tion with the USACE. The Committee understands the GLS has
begun its work on this matter, and looks forward to receiving its
findings as required by House Report 117–99.
MARITIME ADMINISTRATION
The Maritime Administration (MARAD) is responsible for
strengthening the U.S. maritime industry in support of the nation’s
security and economic needs, as authorized by the Merchant Ma-
rine Act of 1936 (P.L. 74–835). MARAD’s mission is to promote the
development and maintenance of a U.S. merchant marine sufficient
to carry the nation’s waterborne domestic commerce and a substan-
tial 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 cable security fleet pro-
gram, the tanker security fleet program, the voluntary intermodal
sealift 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 and six
state maritime academies help develop skilled U.S. merchant ma-
rine officers.
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MARITIME SECURITY PROGRAM
Appropriation, fiscal year 2022 ......................................................... $318,000,000
Budget request, fiscal year 2023 ....................................................... 318,000,000
Recommended in the bill ................................................................... 318,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
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 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 $318,000,000 for the
maritime security program, consistent with the authorized funding
level.
CABLE SECURITY FLEET
Appropriation, fiscal year 2022 ......................................................... $10,000,000
Budget request, fiscal year 2023 ....................................................... –––
Recommended in the bill ................................................................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ +10,000,000
The cable security fleet program is authorized by chapter 532 of
title 46, United States Code. The purpose of the cable security fleet
program 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.
TANKER SECURITY PROGRAM
Appropriation, fiscal year 2022 ......................................................... $60,000,000
Budget request, fiscal year 2023 ....................................................... 60,000,000
Recommended in the bill ................................................................... 60,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
The tanker security fleet program is authorized by chapter 534
of title 46, United States Code. The purpose of the tanker security
fleet program is to establish and maintain a fleet of active, com-
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mercially viable, militarily useful, privately owned product tank
vessels to meet the national defense and other security require-
ments of the United States. The tanker security fleet program will
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98
provide direct payments to U.S. flagship operators and partici-
pating operators are in turn required to operate in U.S. foreign
commerce, mixed U.S. foreign commerce, and domestic trade and to
make the vessel available upon the request of the DOD.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $60,000,000 for the
tanker security fleet program, consistent with the authorized fund-
ing level.
The Committee reminds MARAD of the direction in the Consoli-
dated Appropriations Act, 2022 (P.L. 117–103) to brief the House
and Senate Committees on Appropriations on its efforts to estab-
lish the tanker security fleet program.
OPERATIONS AND TRAINING
Appropriation, fiscal year 2022 ......................................................... $172,204,000
Budget request, fiscal year 2023 ................................................ 192,000,000
Recommended in the bill ................................................................... 192,000,000
Bill compared with:.
Appropriation, fiscal year 2022 .................................................. +19,796,000
Budget request, fiscal year 2023 ................................................ –––
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 U.S. Merchant
Marine Academy (USMMA).
COMMITTEE RECOMMENDATION
The Committee recommendation provides $192,000,000 for the
operations and training account. The following table provides fund-
ing levels for activities within this account.
Request Recommendation
USMMA operations ....................................................................................................... $87,848,000 $87,848,000
USMMA facilities maintenance and repair, and equipment ....................................... 11,900,000 11,900,000
Maritime environmental and technical assistance program ...................................... 10,000,000 6,000,000
America’s marine highway program ........................................................................... 10,819,000 14,819,000
MARAD headquarters operations ................................................................................. 71,433,000 71,433,000
Total .................................................................................................................... $192,000,000 $192,000,000
MARAD reorganization.—The Consolidated Appropriations Act,
2021 (P.L. 116–260) approved a non-budgetary organizational re-
alignment for two new offices within the MARAD headquarters op-
erations program activity as proposed in the fiscal year 2021 budg-
et request. The Committee notes that MARAD has paused the im-
plementation of these changes to MARAD’s organizational struc-
ture to enable departmental and MARAD leadership to review and
assess the realignment. The Committee reminds MARAD of the di-
rection in House Report 117–99 to brief the House and Senate
Committees on Appropriations upon the completion of this review.
Should the review result in MARAD not completing the realign-
ment as previously approved or other organizational changes with-
in the MARAD headquarters operations program activity, the Com-
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mittee directs MARAD to request approval from the House and
Senate Committees on Appropriations through the process outlined
in section 405 of this Act.
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MARAD staffing.—The Committee directs MARAD to provide the
House and Senate Committees on Appropriations with quarterly
staffing data, including hiring and separations, by program office
for all positions funded by this Act in the MARAD headquarters op-
erations and USMMA operations PPA.
Emissions reduction.—The U.S. Environmental Protection Agen-
cy estimates that 39,000,000 people across the country live in close
proximity to ports. These communities are particularly susceptible
to air pollution from mobile emission sources in and around ports,
including trucks, locomotives, harbor craft like tugboats, ocean
going vessels, and non-road vehicles, engines, and equipment used
in support of port operations. The Committee supports the Depart-
ment’s efforts to mitigate and reduce the environmental impacts of
the maritime sector through the maritime environmental and tech-
nical assistance (META), America’s marine highway, and port in-
frastructure development programs. In addition, the Committee
provides $6,000,000 for the META program and directs MARAD to
give preference to projects that reduce air emissions and vehicle
miles traveled when awarding grants through the America’s ma-
rine highway program, other than for grant applications related to
noncontiguous trade as defined in section 53501(4) of title 46,
United States Code. The Committee further notes that the funding
provided in this Act for the port infrastructure development pro-
gram may be used for environmental and emission mitigation
measures as authorized under section 54301 of title 46, United
States Code, which could support activities that reduce port air
emissions and environmental impacts.
Sexual assault and sexual harassment (SASH) at USMMA.—In
December 2021, MARAD established updated policies and proce-
dures to improve safety for USMMA students while participating
in the sea year program. To help prevent SASH, support survivors,
and strengthen a climate of accountability, MARAD introduced new
safety standards that U.S. commercial vessel operators must imple-
ment, called the ‘‘Every Mariner Builds a Respectful Culture’’
(EMBARC), in order to participate in the sea year program and
carry USMMA students aboard their vessels, and which also in-
cluded improved policies and procedures for the USMMA. On Feb-
ruary 14, 2022, the House and Senate Committees on Appropria-
tions approved a reprogramming request to assist MARAD with
implementing SASH prevention and response activities, acquiring
necessary at-sea safety training equipment, improving governance
and oversight of the USMMA, and conducting further analysis to
improve student and faculty safety and welfare. In addition, as the
USMMA and MARAD continue efforts to address SASH during sea
year, the Committee notes that based upon the most recently avail-
able survey on SASH the majority of unwanted sexual contact ex-
periences for women and men took place on the USMMA campus.
The Committee believes it is critical that that the USMMA and
MARAD take a comprehensive approach to addressing SASH on
campus and during sea year.
To assist the USMMA and MARAD with these efforts, the Com-
mittee recommendation fully funds the fiscal year 2023 budget re-
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quest, which will support continued implementation of measures to
help prevent SASH, provide support to survivors, and ensure reg-
ular review and continuous improvement of such measures. The
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100
Committee directs the USMMA and MARAD to continue to assess
its SASH prevention needs, implement SASH prevention measures,
provide additional support to survivors, help support broader cul-
ture change at the USMMA and across the maritime industry, and
advance measures to support diversity, equity, and inclusion. The
Committee further directs the USMMA and MARAD to report to
the House and Senate Committees on Appropriations within 60
days of enactment of this Act on its progress to fully staff the Sex-
ual Assault/Sexual Harassment Prevention and Response Office at
the USMMA and the EMBARC Office at MARAD. MARAD is fur-
ther directed to continue to engage with U.S. commercial vessel op-
erators on the EMBARC SASH prevention standards in order to
enroll additional vessel operators in the sea year program. Further,
the Committee directs MARAD to report to the House and Senate
Committees on Appropriations within 60 days of enactment of this
Act on its progress on establishing concurrent criminal jurisdiction
over the USMMA campus as required by P.L. 115–232 and P.L.
116–94.
USMMA maintenance and capital improvement projects (CIP).—
The Committee provides $11,900,000 for facilities maintenance and
repair, and equipment, which is equal to the budget request. The
Committee notes that the Department’s failure to appropriately
plan for and manage routine maintenance of USMMA facilities is
unacceptable. In fiscal year 2022, Congress approved a reprogram-
ming request which was also to be used to address long-standing
maintenance and repair needs of campus infrastructure. While
MARAD plans to execute a comprehensive facilities and systems
maintenance contract, the Committee notes that health and safety
risks due to routine maintenance backlogs continue to persist at
the USMMA. The Consolidated Appropriations Act, 2022 directed
the USMMA, MARAD, and the Department to identify and miti-
gate all fire safety, heating, cooling, and boiler system failures
within 30 days of enactment of such Act. Despite efforts by the
USMMA and MARAD to address these matters, the Committee
notes with disappointment that additional work remains. There-
fore, the Committee directs the USMMA and MARAD to redouble
its efforts to address health and safety maintenance and repair
issues on the USMMA campus and to brief the House and Senate
Committees on Appropriations upon the completion of such tasks.
The Committee further directs the USMMA, MARAD, and the De-
partment to provide quarterly briefings to the House and Senate
Committees on Appropriations on the status of all short- and long-
term capital improvements projects and continue to provide an an-
nual report on all CIPs in the same manner and context as in pre-
vious fiscal years.
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, increased costs, and impacts on East Coast and West
Coast based vessels and personnel, the Committee encourages
MARAD to continue utilizing privately owned shipyards for na-
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tional defense reserve fleet and ready reserve force maintenance,
repair, and modernization. The Committee also encourages
MARAD to compile a list of available shipyards, evaluate their ca-
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101
pabilities, consider assisting in the readying of these facilities to be
pre-qualified to perform work authorized by DOD and MARAD,
and share such a list with other government partners.
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. MARAD
may use up to $2,000,000 of the funding provided to the MARAD
headquarters operations program activity under this heading to as-
sist DMCOEs, who have entered into a cooperative agreement with
MARAD, with activities outlined in the final policy (85 FR 13231)
for this voluntary program.
America’s supply chains.—The Committee remains concerned
about the economic and environmental impacts of congestion,
delays, and bottlenecks as a result of global supply chain issues.
Accordingly, House Report 117–99 directed the Secretary to submit
the report on supply chain resiliency as required by executive order
14017. In February 2022, DOT released the report ‘‘Supply Chain
Assessment of the Transportation Industrial Base: Freight and Lo-
gistics’’ which included 62 recommendations to respond to existing
supply chain disruptions and build resilient supply chains for the
future. The Committee directs MARAD and DOT to work with the
other actors outlined in the report to make progress on these rec-
ommendations and submit a status report to the House and Senate
Committees on Appropriations within 180 days of enactment of this
Act.
Domestic fuel transportation capabilities.—The Committee recog-
nizes the importance of the Jones Act tanker fleet in meeting the
energy security needs of the non-contiguous states. The Committee
directs MARAD, in consultation with the Department of Energy, to
review the current fuel transportation capabilities of the Jones Act
fleet and its abilities to serve the energy needs of the entirety of
the United States. This review should include an examination of
the fuel shipping costs for non-contiguous states. The Committee
directs MARAD to brief the House and Senate Committees on Ap-
propriations within 180 days of enactment of this Act on its find-
ings.
Small and non-freight ports.—As detailed in the GAO report
‘‘Maritime Infrastructure: Public Ports in an Extensive Range of
Activities beyond Freight Movement’’ (GAO–22–104630), many
ports throughout the country support essential non-freight func-
tions and activities such as economic development, emergency re-
sponse support, tourism, recreation, commercial fishing, and the
operation of cruise ship and transit and ferry terminals. In this re-
port, GAO surveyed Federal officials, officials at ports, and port in-
dustry associations and they identified challenges related to grant
programs across the Federal government that generally applied to
both freight and non-freight projects which included: trouble with
the application process, competition, and minimum award sizes.
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The Committee recognizes the important role small and non-freight
ports play and as such MARAD and DOT, where applicable, are en-
couraged to provide technical assistance to help mitigate the chal-
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102
lenges highlighted in the GAO report and help identify existing
Federal resources to assist such ports.
Ready reserve force fleet recapitalization.—The Committee directs
MARAD to conduct a report on how the vessel construction man-
ager model to procure the purpose-built national security multi-
mission vessels could be leveraged to build U.S. auxiliary sealift
ships to support the nation’s sealift needs in coordination with the
Department of Defense. The report should explore how the domes-
tic U.S. maritime industry, including shipyards, repair facilities,
and operators, could be incentivized to support development and
adoption of military utility into existing commercial designs to bet-
ter support future non-combatant military requirements. The re-
port should also examine the ability to leverage existing production
lines or new commercially viable sealift ship production lines to re-
capitalize to build required sealift vessels including roll-on/roll-off
vessels, crane ships, hospital ships, and other special capability
ships domestically as needed to support the new national defense
strategy. Additionally, the report should incorporate information on
how the domestic shipbuilding industrial base could assist in meet-
ing improved safety, resiliency, and emission reduction goals for
maritime transport, in line with objectives set forth by the inter-
national maritime organization. The Committee directs MARAD to
submit this report to the House and Senate Committees on Appro-
priations within 180 days of enactment of this Act.
STATE MARITIME ACADEMY OPERATIONS
Appropriation, fiscal year 2022 ......................................................... $423,300,000
Budget request, fiscal year 2023 ....................................................... 77,700,000
Recommended in the bill ................................................................... 77,700,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥345,600,000
Budget request, fiscal year 2023 ................................................ –––
The state maritime academy (SMA) operations account provides
financial assistance to six state maritime academies.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $77,700,000 for the
state maritime academy operations account. 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 ...................................................................................... ––– [not more than
$8,000,000]
National security multi-mission vessel program ........................................................ 35,000,000 35,000,000
Student incentive program .......................................................................................... 2,400,000 2,400,000
Fuel assistance payments ........................................................................................... 3,800,000 3,800,000
Direct payments for SMAs ........................................................................................... 6,000,000 6,000,000
Total .................................................................................................................... $77,700,000 $77,700,000
National security multi-mission vessel (NSMV) program.—The
NSMV will serve as a critical educational and training platform for
the next generation of mariners, replacing five aging SMA training
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vessels while supporting Federal response capabilities for humani-
tarian assistance and disaster relief. In May 2019, MARAD se-
lected a vessel construction manager to use commercial practices to
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contract with a single shipyard to construct up to five NSMVs ac-
cording to MARAD specified designs, conduct oversight and man-
agement of vessel construction, and deliver the vessels to MARAD.
In April 2020, the vessel construction manager selected a shipyard
and MARAD authorized construction of the first two vessels. Fol-
lowing the enactment of the Consolidated Appropriations Act, 2021
(P.L. 116–260), MARAD authorized construction of the third and
fourth vessels. In April 2022, MARAD authorized the construction
of the fifth and final vessel with funds provided in the Consolidated
Appropriations Act, 2022. To ensure the continued success of the
NSMV program, the Committee provides $35,000,000 to address
steel cost increases and assist SMAs in making shore-side infra-
structure improvements to support the delivery and operations of
the NSMVs. Shore-side infrastructure shall only include NSMV-
specific improvements required by MARAD to safely moor the ves-
sels and other improvements that are necessary for the SMAs to
receive the NSMVs. The Committee directs MARAD to notify the
House and Senate Committees on Appropriations prior to obli-
gating any fiscal year 2023 funding for shore-side infrastructure
improvements, and such notification shall include the amount of
funding provided by non-Federal sources for such infrastructure.
In addition, the Committee directs MARAD to conduct vigorous
oversight of the vessel construction manager, as well as the ship-
yard, to ensure the NSMVs are delivered on budget and on time.
MARAD is directed to continue to provide briefings to the House
and Senate Committees on Appropriations on the status of the
NSMV program on a quarterly basis, including detailed reporting
on the SMAs shore-side infrastructure improvements needed to en-
sure successful delivery and operation of the NSMVs, and to pro-
vide immediate notification of any substantial risks to the construc-
tion schedule or cost.
ASSISTANCE TO SMALL SHIPYARDS
Appropriation, fiscal year 2022 ......................................................... $20,000,000
Budget request, fiscal year 2023 ....................................................... 20,000,000
Recommended in the bill ................................................................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
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 maritime training programs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $20,000,000 for the as-
sistance to small shipyards program.
Minority business opportunities.—The Committee supports grant
opportunities for minority-owned small businesses in the shipyard
industry, including grants made through the assistance to small
shipyards program. Therefore, the Committee directs MARAD to
conduct a review of grants awarded funding between fiscal year
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2018 and fiscal year 2022, including the number of grants and
grant amounts awarded to minority-owned small businesses. The
Committee directs MARAD to report its findings, including any rec-
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104
ommendations on how the assistance to small shipyards program
can fairly and equitably assist minority-owned small businesses in
accessing and utilizing this program, to the House and Senate
Committees on Appropriations within 180 days of enactment of this
Act.
SHIP DISPOSAL
Appropriation, fiscal year 2022 ......................................................... $10,000,000
Budget request, fiscal year 2023 ....................................................... 6,000,000
Recommended in the bill ................................................................... 6,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. ¥4,000,000
Budget request, fiscal year 2023 ................................................ –––
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 $6,000,000 for the ship
disposal program. Of the total funds provided, $3,000,000 is for
maintaining the NS Savannah in protective storage in accordance
with the Nuclear Regulatory Commission’s license requirements
while it is being disposed.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2022 ......................................................... $3,000,000
Budget request, fiscal year 2023 ....................................................... 3,000,000
Recommended in the bill ................................................................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ –––
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.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
Appropriation, fiscal year 2022 ......................................................... $234,310,000
Budget request, fiscal year 2023 ....................................................... 230,000,000
Recommended in the bill ................................................................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +65,690,000
Budget request, fiscal year 2023 ................................................ +70,000,000
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The port infrastructure development program is authorized by
section 54301 of title 46, United States Code, to improve port facili-
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105
ties and the transportation networks and flows of cargo in, around,
and through ports. Port authorities, states and local governments,
tribal governments, publicly chartered entities, and special 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 (PIDP). The Committee
encourages MARAD to prioritize PIDP applications that dem-
onstrate efficacy in reducing port air emissions through invest-
ments in clean electricity, and also demonstrate consultation with
nearby communities traditionally affected by port air emissions.
ADMINISTRATIVE PROVISION—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.
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. The 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, aboveground storage tanks, underground
natural gas storage facilities, and liquefied natural gas facilities.
OPERATIONAL EXPENSES
Appropriation, fiscal year 2022 ......................................................... $29,100,000
Budget request, fiscal year 2023 ....................................................... 30,150,000
Recommended in the bill ................................................................... 30,150,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +1,050,000
Budget request, fiscal year 2023 ................................................ –––
This account funds the operational costs of the PHMSA, includ-
ing the agency-wide functions of administration, management, pol-
icy development, legal counsel, budget, financial management, civil
rights, human resources, acquisition services, information tech-
nology, and governmental and public affairs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $30,150,000 for the
operational expenses account. Of the total funds provided,
$2,000,000 shall be for pipeline safety information grants to com-
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munities as authorized by section 60130 of title 49, Untied States
Code, and $2,500,000 shall be for emergency response grants as au-
thorized by section 60125(b) of title 49, United States Code.
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106
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2022 ......................................................... $66,829,000
Budget request, fiscal year 2023 ....................................................... 74,211,000
Recommended in the bill ................................................................... 70,710,500
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +3,881,500
Budget request, fiscal year 2023 ................................................ ¥3,500,500
The hazardous materials safety account advances the safe and
secure transport of hazardous materials in commerce by air, high-
way, rail, and vessel. The PHMSA evaluates hazardous materials
safety risks, develops and enforces regulations for transporting haz-
ardous materials, educates shippers and carriers, investigates haz-
ardous materials incidents and failures, conducts research, and
provides grants to improve emergency response to transportation
incidents involving hazardous materials.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $70,710,500 for the
hazardous materials safety account. Of the total funds provided,
$1,000,000 shall be for community safety grants as authorized by
section 5107(i) of title 49, United States Code, and $2,500,000 shall
be for the state hazardous materials safety inspection program. In
addition, this funding level supports the PHMSA’s existing haz-
ardous materials safety program, including the safe transportation
of energy products.
Staffing and outreach activities.—The Committee recommenda-
tion provides funding for a total of 217 full-time positions to sup-
port the Office of Hazardous Materials Safety, which consists of 64
inspection and outreach staff and 153 safety program, scientific,
and safety standard development professionals. The PHMSA’s haz-
ardous materials safety assistance team (HMSAT) conducts out-
reach, technical assistance, communication, and education on haz-
ardous materials regulations and compliance with local and state
governments, as well as businesses. The Committee appreciates the
PHMSA’s proposal to continue to increase its outreach capabilities
to assist more communities and improve hazardous materials
transportation planning and emergency response plans. The Com-
mittee recommendation provides $537,500 to add five full-time po-
sitions to the HMSAT, which combined with the five full-time posi-
tions provided in the Consolidated Appropriations Act, 2022 (P.L.
117–103) would result in 15 full-time positions on the HMSAT,
three in each of the PHMSA’s five regional offices. In addition, the
Committee recommendation provides $430,000 to support two new
full-time positions to enhance the accident investigation program
and two new full-time positions to improve the safe transportation
of emerging energy sources.
Liquefied natural gas (LNG) by rail.—The Committee remains
concerned that the transportation of LNG by rail poses new and
different risks to the public, environment, and property. The Com-
mittee is pleased that the PHMSA has, in accordance with the di-
rectives in executive order 13990 issued on January 20, 2021, re-
viewed the final rule, which was issued on July 24, 2020, and al-
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lowed the bulk transportation of LNG by rail in DOT–113 rail tank
cars. The PHMSA issued a notice of proposed rulemaking on No-
vember 8, 2021, to suspend the authorization for the transportation
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107
of LNG by rail pending either the completion of a companion rule-
making or June 30, 2024, whichever is earlier. The companion rule-
making the PHMSA intends to issue would amend the hazardous
materials regulations governing the transportation of LNG in rail
tank cars in order to incorporate ongoing research efforts, collabo-
ration with other agencies, and external technical experts; respond
to executive order 13990; and provide additional opportunities for
stakeholder input.
The Committee further understands that the PHMSA and the
FRA continue to actively conduct research and development
projects relating to the transportation of LNG in rail tank cars and
the use of LNG as a fuel for locomotives. These activities are ex-
pected to continue through October 2023 and additional research
projects may be initiated in fiscal year 2023. The Committee sup-
ports the PHMSA and the FRA continuing its work on these ongo-
ing and future research projects.
In April 2021, the PHMSA entered into an agreement with the
National Academies of Sciences, Engineering, and Medicine to con-
duct an independent study by an expert panel of the transportation
research board (TRB) on the transportation of LNG in rail tank
cars as required by the Further Consolidated Appropriations Act,
2020 (P.L. 116–94). TRB is conducting this study in two phases. In
phase 1, the expert panel reviewed completed, ongoing, and
planned PHMSA and FRA research, testing, and data analysis
tasks relating to the transportation of LNG in rail tank cars, re-
leasing a report on June 14, 2021. The expert panel found that
while the PHMSA–FRA work is comprehensive as planned, there
are areas ‘‘where more complete treatment is warranted, and
where the basis for choices about the structure and execution of
tasks . . . has not been made sufficiently clear to assess the appli-
cability and validity of the results.’’ Further, the expert panel made
recommendations on planned tasks related to LNG safety that
have not been completed, including changes to portable tank fire
testing, updates to modeling for worst-case scenarios, and adding
loading and unloading operations and train assembly and classi-
fication activities to the assessment of the risk of LNG by rail. The
Committee is pleased with the PHMSA’s work to implement the ex-
pert panel’s recommendations, and notes that several ongoing re-
search and development projects are in direct response to these rec-
ommendations. The Committee directs the PHMSA to brief the
House and Senate Committees on Appropriations no later than 90
days after enactment of this Act on the outcomes of these activities,
and the status of the PHMSA’s efforts to implement the expert
panel’s recommendations. In phase 2, which began in June 2021,
the expert panel is gathering and analyzing information relating to
the transportation of LNG in rail tank cars, including information
on methods used to transport LNG by other modes, train oper-
ational controls, and emergency response planning. The Committee
understands that the transportation of LNG in rail tank cars is
likely to occur in unit trains and continues to encourage the TRB
expert panel to include a safety analysis of such bulk shipments as
part of its phase 2 work. Further, the Committee reminds the
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PHMSA of the requirement in House Report 116–452 to brief the
House and Senate Committees on Appropriations no later than 30
days after TRB completes phase 2 on actions the agency plans to
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108
take in response to the results of phase 2. The Committee con-
tinues to assert that the ongoing research projects and TRB study
should inform the Department’s decision-making and rulemaking
on this matter.
Safe transportation of energy products.—The Committee con-
tinues to closely monitor the 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
September 2021, the Bureau of Transportation Statistics reported
that 54 percent of all rail tank cars transporting class 3 flammable
liquids in 2020 met the new safety requirements (DOT–117s),
which is a 6 percent increase over 2019. In comparison, in 2015
when the FAST Act was enacted, DOT–117 rail tank cars made up
just two percent of all tank cars transporting class 3 flammable liq-
uids. The Committee continues to encourage the Department to
work with industry to ensure continued progress on the tank car
phaseout, and if possible, accelerate the phaseout timeline.
Inland ports of entry.—The Committee directs the PHMSA to
continue to work with local governments and their Mexico 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 Liquefied natural natural gas Total
trust fund safety fund gas siting account storage facility
safety account
Appropriation, fiscal year 2022 $27,650,000 $146,600,000 $400,000 $8,000,000 $182,650,000
Budget request, fiscal year
2023 .................................... 29,000,000 151,400,000 400,000 7,000,000 187,800,000
Recommended in the bill ........ 29,000,000 151,400,000 400,000 7,000,000 187,800,000
Bill compared with:
Appropriation, fiscal year
2022 .................................... +1,350,000 +4,800,000 ––– ¥1,000,000 +5,150,000
Budget request, fiscal
year 2023 ............................ ––– ––– ––– ––– –––
The PHMSA oversees the safety, security, and environmental
protection of approximately 2,800,000 miles of pipelines, 165 lique-
fied natural gas facilities, and 403 underground natural gas stor-
age facilities through analysis of data, damage prevention, edu-
cation and training, development and enforcement of regulations
and policies, research and development, grants for safety programs,
and emergency planning and response to accidents. The pipeline
safety program is responsible for a national regulatory program to
protect the public against the risks to life and property in the
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transportation of natural gas, petroleum, and other hazardous ma-
terials by pipeline and facilities that liquefy natural gas and store
natural gas underground.
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109
COMMITTEE RECOMMENDATION
The Committee recommendation provides $187,800,000 for the
pipeline safety account to continue pipeline safety operations, re-
search and development, and grants. Of the total funds provided,
$29,000,000 is from the oil spill liability trust fund, $151,400,000
is from the pipeline safety fund, $400,000 is from the liquefied nat-
ural gas siting account within the pipeline safety fund, and
$7,000,000 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 $12,500,000
State pipeline safety grants ........................................................................................ 58,000,000 60,500,000
Underground natural gas storage facility safety grants ............................................ 5,000,000 5,000,000
One-call state grants .................................................................................................. 1,058,000 1,058,000
State damage prevention grants ................................................................................ 1,500,000 1,500,000
Research and development.—Between 2002 and 2021, the
PHMSA reported 12,793 pipeline incidents, which resulted in 276
deaths, 1,144 injuries, and $10,130,468,788 in reported damages.
Over this 20-year time frame an average of 640 incidents occurred
each year. Pipeline research and development plays a vital role in
improving pipeline safety, reducing the environmental impacts of
pipeline failures, and increasing the reliability of the nation’s pipe-
line system through advancing new, near-term solutions. While the
Committee supports the PHMSA’s pipeline research and develop-
ment program and appreciates the increased level of detail pro-
vided by the PHMSA on these activities in the fiscal year 2023
budget justification, the Committee remains concerned with the
lack of clarity and transparency of the PHMSA’s research and de-
velopment program and priorities. The most recently available
Pipeline Safety Research and Development Five-Year Program
Plan was issued in October 2017 and covers fiscal years 2016 to
2020, and the Committee notes with disappointment that the
PHMSA has not submitted an updated research plan to the House
and Senate Committees on Appropriations as required by the Con-
solidated Appropriations Act, 2021 (P.L. 116–260). Until the
PHMSA completes an updated research plan to provide the Com-
mittee with greater transparency and understanding of the
PHMSA’s research plans, objectives, and priorities, the PHMSA
shall only use the $12,500,000 in pipeline research and develop-
ment provided under this heading for projects which further the six
programmatic elements in the Pipeline Safety Research and Devel-
opment Five-Year Program Plan issued in October 2017, which in-
cludes threat prevention; leak detection; anomaly detection and
characterization; anomaly remediation and repair; design, mate-
rials, and welding/joining; and LNG and underground natural gas
storage. In addition, the Committee continues to direct the PHMSA
to use the pipeline research and development unobligated balances
from fiscal years 2020, 2021, and 2022 to advance these same six
programmatic elements. The Committee notes that this direction
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does not preclude the PHMSA from supporting university and
small business research projects advancing these six programmatic
elements through the competitive academic agreement program
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110
and the small business innovative research program. Further, the
Committee directs the PHMSA to brief the House and Senate Com-
mittees on Appropriations on the updated research plan no later
than 30 days after its completion.
Aboveground storage tanks.—The PHMSA has jurisdiction over
more than 8,400 aboveground storage tanks, and is responsible for
ensuring that pipeline operators design, construct, operate, and
maintain pipeline facilities, including aboveground storage tanks,
according to Federal regulations. The PHMSA completed a review
of current and new corrosion control techniques of aboveground
storage tanks and issued a report on January 12, 2022, as required
by Public Law 116–260. The report reinforced that a major threat
to the integrity of aboveground storage tanks is corrosion of the
bottom of the tank, which could lead to a leak and could pose sig-
nificant risks to the public, environment, and property. Federal
regulations currently require the use of corrosion protection sys-
tems for all newly constructed or modified aboveground storage
tanks. The report notes that while currently required corrosion pro-
tection systems remain effective, pipeline operators would benefit
from using additional corrosion control systems in lieu of or in con-
junction with the currently required corrosion protection systems to
protect the bottom of aboveground storage tanks. While the
PHMSA has supported corrosion prevention and mitigation re-
search projects through its pipeline research and development pro-
gram, the report indicates that some of the proven concepts could
be further explored through additional research to determine the
effectiveness of preventing corrosion on the bottom of aboveground
storage tanks. On March 31, 2022, the PHMSA issued a research
announcement soliciting applications for research projects across
several different topics, including preventing corrosion on the bot-
tom of aboveground storage tanks. The Committee notes that such
research could fall within the programmatic elements in the Pipe-
line Safety Research and Development Five-Year Program Plan
issued in October 2017. The Committee encourages the PHMSA to
continue to advance corrosion prevention and mitigation research
projects from amounts provided for pipeline research and develop-
ment under this heading. Further, the Committee directs the
PHSMA to brief the House and Senate Committees on Appropria-
tions on its plans for the fiscal year 2023 pipeline research and de-
velopment funding no later than 90 days after enactment of this
Act.
Staffing and hiring plans.—The Committee recommendation pro-
vides funding for a total of 355 full-time positions to support the
Office of Pipeline Safety, which consists of 247 inspection and en-
forcement staff, including the 29 additional inspection and enforce-
ment staff that were mandated by the PIPES Act of 2020 (division
R of P.L. 116–260), and 108 safety professionals, including the
eight additional regulatory positions that were mandated by the
same Act. The Committee remains concerned with the PHMSA’s
ability to fill vacancies and retain staff due in part to competition
from the private sector. The PIPES Act of 2020 directed the
PHMSA to use incentives, such as special pay rates, student loan
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repayment, tuition assistance, and other recruitment incentives, to
recruit and retain a qualified pipeline workforce, including inspec-
tion and enforcement staff and attorneys and other subject matter
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111
experts in the Office of Pipeline Safety. The Committee rec-
ommendation provides $4,000,000 for hiring and retention incen-
tives to recruit and retain highly qualified inspectors and engi-
neers. Further, the Committee directs the PHMSA to provide a re-
port to the House and Senate Committees on Appropriations no
later than 120 days after enactment of this Act detailing (1) staff-
ing and hiring plans for fiscal year 2023, (2) information on the ac-
tual turnover and hiring in fiscal year 2022, and (3) outcomes for
the workforce retention and recruitment strategies the PHMSA im-
plemented or continued in fiscal year 2022.
EMERGENCY PREPAREDNESS GRANTS
(LIMITATION ON OBLIGATIONS)
(EMERGENCY PREPAREDNESS FUND)
Appropriation, fiscal year 2022 ......................................................... $28,318,000
Budget request, fiscal year 2023 ....................................................... 46,825,000
Recommended in the bill ................................................................... 28,318,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. –––
Budget request, fiscal year 2023 ................................................ ¥18,507,000
The Hazardous Materials Transportation Uniform Safety Act of
1990 (P.L. 101–615) requires the 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 an obligation limita-
tion of $28,318,000 for the emergency preparedness grants pro-
gram.
Energy products training.—The Committee recognizes the impor-
tant role the emergency preparedness grants program plays in
training local emergency responders. The Committee directs the
PHMSA to continue to enhance its training curriculum for local
emergency responders, including response activities for crude oil,
ethanol, and other flammable liquids transported by rail, loading
and unloading at LNG facilities, and the transportation of LNG in
rail tank cars.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2022 ......................................................... $103,150,000
Budget request, fiscal year 2023 ....................................................... 108,073,000
Recommended in the bill ................................................................... 108,073,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +4,923,000
Budget request, fiscal year 2023 ................................................ –––
The Office of Inspector General (OIG) was established in 1978 to
provide an objective and independent organization that would be
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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-
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112
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 $108,073,000 for the Office of In-
spector General.
Audit reports.—The Committee directs the OIG to continue
transmitting all audit reports to the House and Senate Committees
on Appropriations immediately after they are issued, and to con-
tinue to make the Committee aware immediately of any review
that recommends cancellation or modifications to any major acqui-
sition project or grant, or which recommends significant budgetary
savings. The OIG is also directed to withhold from public distribu-
tion for a period of 15 days, any final audit or investigative report
that was requested by the House or Senate Committees on Appro-
priations.
Oversight of the IIJA advance appropriations.—The IIJA pro-
vided a historic $184,078,000,000 in advance appropriations over
five years to robustly fund and advance transportation and infra-
structure projects. The Committee acknowledges the plan the OIG
has established for monitoring and conducting oversight of the De-
partment’s administration of such a large, rapid infusion of funds,
and the OIG’s continued work to prevent fraud, waste, and abuse.
As the Department and its Operating Administrations continue to
expend IIJA funding, the Committee directs the OIG to brief the
House and Senate Committees on Appropriations on the OIG’s
oversight work with respect to the implementation of IIJA advance
appropriations within 60 days of enactment of this Act, and con-
tinue to provide regular updates on a schedule to be determined by
the Committees in coordination with the OIG. The Committee fur-
ther directs the OIG to notify the House and Senate Committees
on Appropriations immediately of any significant problems, abuses,
or deficiencies it finds through its monitoring of IIJA spending.
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, pay for uniforms, and purchase and operate un-
manned aircraft systems.
Section 181 limits appropriations for services authorized by sec-
tion 3109 of title 5, United States Code, up 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 the FHWA and
the FRA from states, counties, municipalities, other public authori-
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ties, and private sources for training may be credited to specific ac-
counts within the agencies with an exception for state rail safety
inspectors participating in training.
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Section 185 prohibits DOT from using funds made available by
this Act or in title VIII of division J of the Infrastructure Invest-
ment and Jobs Act (P.L. 117–58) to make a loan, loan guarantee,
line of credit, letter of intent, Federally funded cooperative agree-
ment, full funding grant agreement, or discretionary grant unless
DOT gives a 3-day advance notice to the House and Senate Com-
mittees on Appropriations. The provision requires DOT to provide
a comprehensive list of all such loans, loan guarantees, lines of
credit, letters of intent, Federally funded cooperative agreements,
full funding grant agreements, and discretionary grants that will
be announced with a 3-day advance notice to the House and Senate
Committees on Appropriations. The provision also requires concur-
rent notice of any ‘‘quick release’’ of funds from the FHWA’s emer-
gency relief program, and prohibits notifications from involving
funds not available for obligation.
Section 186 allows funds received from rebates, refunds, and
similar sources to be credited to appropriations of DOT.
Section 187 requires reprogramming actions to be approved or
denied by the House and Senate Committees on Appropriations,
and reprogramming notifications shall be transmitted solely to the
Appropriations Committees.
Section 188 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 the
operating administrations.
Section 189 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 190 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 191 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.
TITLE II—DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
MANAGEMENT AND ADMINISTRATION
EXECUTIVE OFFICES
Appropriation, fiscal year 2022 ......................................................... $15,200,000
Budget request, fiscal year 2023 ....................................................... 18,000,000
Recommended in the bill ................................................................... 18,000,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +2,800,000
Budget request, fiscal year 2023 ................................................ –––
The Executive Offices (EO) account funds the salaries and ex-
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penses for the leadership and executive management offices of the
Department of Housing and Urban Development (HUD). Specifi-
cally, these offices are the Office of the Secretary, including the Ex-
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114
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
The Committee provides $18,000,000 for the Executive Offices for
fiscal year 2023.
Manufactured housing in America.—Manufactured housing is an
essential part of America’s affordable housing stock. Over 20 mil-
lion people live in around 8 million manufactured homes across the
country. Manufactured housing remains the last path to homeown-
ership for many of these residents, who on average make roughly
half the household median income of residents of site-built housing.
These homes can be placed on privately owned or leased land, in-
cluding in manufactured home communities (MHCs)—often known
as mobile home parks. It is estimated that between 40,000 and
50,000 of such communities exist nationwide and roughly a third
of manufactured homes are over 50 years old, built before the Fed-
eral government regulated their construction. Many of these homes
face serious weatherization and energy efficiency challenges that
raise costs—and risk—for their residents. Similar challenges are
also found in MHCs, as these communities lack investments in crit-
ical infrastructure from private and public sources. Furthermore,
manufactured homes are often titled and financed as personal
property and have higher interest rates, fewer refinances, and less
of a secondary market than mortgages for site-build homes. Owners
of manufactured homes are often not gaining the long-term finan-
cial benefits that come with homeownership, including wealth-
building.
Given these challenges facing manufactured homeowners and
residents, the Committee provides funding to establish a preserva-
tion and reinvestment initiative for community enhancement pro-
gram under the Office of Community Planning and Development.
This program will provide competitive grants to various entities for
activities related to the preservation and expansion of manufac-
tured housing and MHCs. The Committee further directs the De-
partment to conduct a review of its programs that can be used to
fund activities related to manufactured housing, including the Sec-
tion 207 mortgage insurance for manufactured home parks pro-
gram, the Title I financing program, and the Section 108 loan guar-
antee program, and report to the House and Senate Committees on
Appropriations on its findings within 90 days of enactment of this
Act. The Committee urges the Federal Housing Administration
(FHA) to finalize modernization of the requirements for the FHA
Title I financing program for manufactured homes. The Committee
encourages the Department to restart the practice of publicly re-
leasing data on placements of manufactured homes from the manu-
factured home survey.
Additionally, there have been concerning reports across the coun-
try of private investment firms purchasing manufactured home
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communities and subsequently raising rents and fees to levels that
make payment unattainable and displace low-income families. In
light of these reports, the Committee urges HUD and the Federal
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115
Housing Finance Agency (FHFA) to examine lending practices to
for-profit organizations seeking to use Federal loan backing for the
purchase of manufactured home communities. The Committee also
encourages HUD and FHFA to develop guidance regarding options
for existing residents to buy their manufactured home community
when it comes up for sale.
The Committee reminds HUD that the Further Consolidated Ap-
propriations Act, 2020 (P.L. 116–94) directed the Department to
issue guidelines to jurisdictions on how to assess the potential in-
clusion of manufactured homes in a community’s comprehensive
housing and affordability strategy and community development
plans required under part 91 of title 24, CFR. The Committee notes
with disappointment that the Department has not yet issued these
guidelines to jurisdictions and directs the Department to release
guidelines no later than 180 days after enactment of this Act.
Collaboration with Department of Health and Human Services
(HHS).—The Committee recognizes that a number of Department
programs have an impact in improving health outcomes. The Com-
mittee 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) encouraged
HHS to devise a strategy on how to construct a decision-support
tool that can contribute to community-participatory health preven-
tion efforts. The Committee is interested in whether HUD can col-
laborate with HHS in such a decision support tool to assess the
value of Departmental investments. The Committee encourages
HUD to collaborate with HHS on best practices to improve health
outcomes for households served by HUD’s programs, which could
include a local decision support tool. Further, in fiscal year 2022,
House Report 117–99 directed the Department to report on the ex-
tent to which HUD can coordinate with other Federal agencies to
advance shared goals and values. The Committee looks forward to
the development of this report and expects HUD to update the
House and Senate Committees on Appropriations within 30 days of
enactment of this Act on its progress.
Violence Against Women Act.—The Committee strongly supports
strengthened protections for survivors of domestic violence, dating
violence, sexual assault, and stalking and applauds the enactment
of the recently passed the Violence Against Women Act Reauthor-
ization Act of 2022 (division W of P.L. 117–103). Public Law 117–
103 not only increases services and support for survivors but en-
sures culturally specific responses are more broadly available to
those seeking assistance. While the Congress has made advance-
ments through Public Law 117–103, the Committee remains con-
cerned about the Department’s implementation of its responsibil-
ities under the previously authorized Violence Against Women Act.
The Committee is pleased the Department has filled the position
for a Violence Against Women Act Director within the Office of the
Secretary but reiterates the direction in House Report 116–452 for
the Department to provide the Committee with information regard-
ing the status of implementation of housing protections for sur-
vivors of domestic violence, dating violence, sexual assault, and
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stalking outlined in 34 U.S.C. 12491, including notification require-
ments, confidentiality requirements, and emergency transfers. The
Committee remains concerned about the impediments to broadly
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116
adopting emergency transfer plans to more effectively and expedi-
tiously assist survivors and therefore directs the Department to
provide monthly updates to the House and Senate Committees on
Appropriations on its progress to determine the extent to which
public housing agencies and owners have adopted emergency trans-
fer policies since the publication of the Department’s model emer-
gency transfer plan, and the effectiveness of those emergency
transfer policies in ensuring survivors have access to safe housing.
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 ASHRAE Standard 90.1 2007. Further, the
Committee notes the findings of the Department of Energy reveal
that more recent model codes reduce energy use by more than 25
percent and are cost effective. The Committee urges the Depart-
ment to take immediate steps to update the standards as required
under the law, which will reduce operating expenses for HUD
owned and subsidized properties.
Efficient, resilient, and healthy housing.—The Committee is
aware that millions of American households experienced energy in-
security last year, unable to pay an energy bill. Housing energy
consumption can be significantly and successfully reduced by in-
creasing energy efficiency through methods such as improved enve-
lopes, more efficient HVAC systems, efficient lighting and appli-
ances, as well as solar and renewable energy systems and building
electrification. The Committee directs the Secretary to evaluate
such measures to identify and implement opportunities to improve
energy efficiency, resilience, and healthfulness of public and as-
sisted housing, and lower energy costs for low- and moderate-in-
come residents. In doing so, the Secretary should consider a range
of approaches, such as partnering with nonprofit organizations
with expertise in energy efficiency, collaboration with other Federal
agencies and with States, leveraging private finance, and pro-
tecting housing investments through measures, such as third party
verification of outcomes where appropriate.
Cost analysis on HUD-assisted household spending on rent and
utilities.—The Committee recognizes that due to the rising cost of
utilities, some households that receive Federal housing assistance
pay more than 30 percent of their income on rent and utilities. This
issue is most likely to affect households that pay for utilities di-
rectly and receive a utility allowance from their public housing
agency (PHA). In fiscal year 2022, H.R. 117–99 directed the GAO
to study utility costs for HUD-assisted households and the Com-
mittee looks forward to learning about the outcome of this work to
help inform policies that minimize the impacts to these households.
Equal access to housing.—The previous Administration removed
and rolled back HUD rules, regulations, and guidance designed to
minimize or eliminate discrimination against lesbian, gay, bisexual,
and transgender (LGBT) individuals, in particular, sub-regulatory
guidance specified in House Report 115–750. Under the current
leadership, the Committee is pleased that the Department has
prioritized restoring equal protections for all individuals, regardless
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of gender identity by publishing a Notice on April 27, 2021 in the
Federal Register that effectively withdrew the previous Adminis-
tration’s proposed rule that would have threatened protections for
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117
transgender people and their families. The Committee strongly
supports HUD’s reinstatement of technical assistance and guidance
for HUD grantees, to help ensure that all HUD-assisted and -in-
sured housing remains available to eligible persons, without regard
to sexual orientation or gender identity and in accordance with
their gender identity. It is the belief of the Committee that these
key steps work to restore equitable access to and treatment in Fed-
erally assisted housing.
Top management challenges.—In November 2021, the HUD Of-
fice of Inspector General (OIG) identified ten top management chal-
lenges: (1) Eliminating Hazards in HUD-Assisted Housing, (2) Miti-
gating Counterparty Risks in Mortgage Programs, (3) Ensuring Ac-
cess to and Availability of Affordable Housing, (4) Grants Manage-
ment, (5) Fraud Risk Management, (6) Administering Disaster Re-
covery Assistance, (7) Sustaining Progress in Financial Manage-
ment, (8) Managing Human Capital, (9) Management and Over-
sight of Information Technology, and (10) Increasing Efficiency in
Procurement, many of which have been identified as top manage-
ment challenges facing the Department for the past few years. The
Committee continues to be concerned that the Department is sty-
mied by basic business fundamentals, despite increases in funding
each year. The Committee reminds the Department of the direction
provided in House Report 116–452, House Report 117–99, and the
Consolidated Appropriations Act, 2022 (P.L. 117–103), and notes
with disappointment that HUD has not provided the required brief-
ing. Further, the Committee directs the Department to brief the
House and Senate Committees on Appropriations on the progress
of the executive task force in addressing the OIG’s 2020 and 2021
top management challenges within 30 days of enactment of this
Act.
HUD staffing assessment.—The Committee remains concerned by
the significant reductions in Department staffing levels and by re-
ports that affordable housing projects have been delayed because
the Department lacks the staff capacity to process requests in a
timely manner. The Committee directs GAO to do a comprehensive
evaluation of staff capacity across the entire Department, including
in the field, regional, and headquarters offices, in consultation with
the House and Senate Committees on Appropriations. The report
or reports should examine staff hiring, training, and retention, the
capacity of staff to meet workload at current staff levels, the im-
pact of low staff capacity on completion of affordable housing
projects, and provide recommendations both to the Department and
the House and Senate Committees on Appropriations on ways to
improve staff capacity.
Housing income limits for Puerto Rico.—The Committee encour-
ages the Department to work with relevant Federal stakeholders
and the government of Puerto Rico to review current income limits
used to determine eligibility for affordable Federal housing pro-
grams in Puerto Rico. The Committee further encourages the De-
partment’s assessment on how these income limits may be affecting
the participation of low-income individuals and developers in Fed-
eral housing programs, indicate if they are a hinderance in partici-
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pation, and identify ways to potentially remedy this issue.
Investment in Central Appalachia.—To diversify and enhance
economic opportunities, the Committee encourages the Secretary to
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118
prioritize discretionary funding to distressed counties within the
Central Appalachian region to help communities and regions that
have been affected by job losses in coal mining, coal power plant
operations, and coal-related supply chain industries due to the eco-
nomic downturn of the coal industry.
Women- and minority-owned businesses and procurement.—The
Committee acknowledges the barriers that women-owned busi-
nesses and small disadvantaged businesses face. The Committee
reminds HUD of the requirement in House Report 117–99 to exam-
ine its Federal contracting requirements for procurement to deter-
mine if any revisions need to be made, particularly with regard to
bonding and insurance, for the purpose of promoting contracting
with women-owned businesses and small disadvantaged busi-
nesses, and looks forwards to the findings.
Review of HUD grantees.—The Committee recognizes that HUD
appoints Federal monitors to oversee and assist with the manage-
ment of Federal funds and that these monitors may add additional
cost burdens to the cities, states, and territories to which the mon-
itors are appointed. In House Report 117–99, the Committee di-
rected GAO to review the efficacy and cost of the monitorship,
management, and administration of HUD grantees under the direc-
tion of a monitor, including the New York City Housing Authority
and the Community Development Block Grant Disaster Recovery
administering agencies for Puerto Rico and the U.S. Virgin Islands.
The Committee looks forward to the outcome of this work.
ABA standards.—The Committee recognizes that HUD is the
only agency that has not adopted the Architectural Barriers Act
(ABA) implementation guidelines that the Access Board published
in 2004 and instead continues to apply the Uniform Federal Acces-
sibility Standards. Adopting the ABA standards will lead to more
accessible housing for individuals with disabilities and promote
greater consistency government-wide with respect to the accessi-
bility of Federal facilities. The Committee strongly encourages
HUD to prioritize implementation of these guidelines.
Employee retention.—The Committee is deeply concerned with
the overall retention rates of HUD employees. In particular, the
Committee notes the extremely low retention of employees who
have been at the Department for less than three years and employ-
ees who are less than 30 years old. The Committee encourages the
Department to continue its efforts to understand the reasons why
employees are leaving the Department and work to address those
areas. The Committee also urges the Department to consider addi-
tional targeted retention strategies, including further expansion of
student loan forgiveness programs career development, and
mentorship opportunities.
Affordable housing in Puerto Rico.—The Committee supports ad-
dressing the affordable housing needs of U.S. citizens in Puerto
Rico and understands that HUD’s section 8 programs are an inte-
gral component to addressing these needs. The Committee encour-
ages the Department to work with the Government of Puerto Rico
and relevant stakeholders to review the amount of funding pro-
vided for rental subsidies under these programs in Puerto Rico.
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The Committee further encourages the Department to engage rel-
evant stakeholders to learn about the challenges in developing af-
fordable housing in Puerto Rico, including management and oper-
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119
ations costs, construction costs, and permitting processes, and to
explore how HUD programs may assist in remedying these issues.
Civic engagement.—Residents of HUD-assisted housing are more
likely to face barriers that ultimately limit their capacity for civic
engagement, such as less-flexible work schedules, difficulty obtain-
ing legal identification, and unreliable or inaccessible transpor-
tation options. According to the U.S. Census Bureau, low and very
low-income residents of HUD-assisted households participate 9–12
percent less than the overall 18-year-old or older population. The
Committee believes that the barriers HUD-assisted households face
are not unique to low-income residents, but is concerned about the
disparities between HUD-assisted and non HUD-assisted house-
holds. The Committee supports increased opportunities to expand
civic engagement of HUD-assisted households because individuals
that are more civically engaged are more likely to invest in their
local community through homeownership or support of small busi-
nesses, the creation of more representative and inclusive local gov-
ernments, including resident councils, and the fostering of stronger
social connections within their communities. Therefore, the Com-
mittee directs HUD to report on the extent to which HUD-assisted
households are civically engaged and the methods by which HUD
housing providers can collect and distribute best practices to im-
prove civic engagement for HUD-assisted households based on their
findings. HUD shall also identify what civic engagement activities
are currently allowed across HUD-assisted housing programs, by
program. The Committee also directs HUD to report on statutory,
regulatory and administrative authorities that may be required in
order to increase civic engagement for HUD-assisted households.
Supportive Services Provided in Affordable Housing Properties.—
The COVID–19 pandemic magnified the isolation and lack of sup-
portive services that can exist in low-income housing when resident
services are not available or are inadequate. The Committee recog-
nizes the importance of supportive services in affordable housing
properties as a proven solution to improving housing stability, em-
ployment, mental and physical health, and other benefits for low-
income families. To better understand how supportive services can
be improved in affordable housing properties, the Committee di-
rects the GAO to, in consultation with HUD, HHS, and the USICH
to review the current state of affordable housing properties that
provide wrap-around supportive services and provide recommenda-
tions on how these services can be improved. The Committee fur-
ther directs the GAO to brief the House and Senate Committees on
Appropriations on their review, to include recommendations for
how to expand and improve services for affordable housing resi-
dents within 180 days of enactment of this Act.
ADMINISTRATIVE SUPPORT OFFICES
Appropriation, fiscal year 2022 ......................................................... $607,000,000
Budget request, fiscal year 2023 ....................................................... 690,900,000
Recommended in the bill ................................................................... 690,900,000
Bill compared with:
Appropriation, fiscal year 2022 .................................................. +83,900,000
Budget request, fiscal year 2023 ................................................ –––
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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-
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120
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
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