(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Highlights:
This bill provides FY2018 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.
The bill includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.
The bill decreases overall discretionary spending for Transportation, Housing and Urban Development, and Related Agencies below FY2017 levels and includes decreases for both DOT and HUD.
Full Summary:
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2018
Department of Transportation Appropriations Act, 2018
TITLE I--DEPARTMENT OF TRANSPORTATION
Provides FY2018 appropriations for the Department of Transportation (DOT).
Provides appropriations for the Office of the Secretary, including:
(Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this bill except for activities underway on the date of enactment, unless the reprogramming process has been completed.
(Sec. 102) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) require the council to record the decisions and actions of each meeting.
(Sec. 103) Permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from all federal agencies for transit benefit distribution services that are necessary to carry out the federal transit pass transportation fringe benefit program.
(Sec. 104) Permits DOT to transfer specified funds necessary to carry out the duties of the National Surface Transportation and Innovative Finance Bureau.
(Sec. 105) Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to transfer the deposit of certain fees related to loans and loan guarantees from the Federal Railroad Administration's Safety and Operations account to the National Surface Transportation and Innovative Finance Bureau account.
Provides appropriations to the Federal Aviation Administration (FAA) for:
Prohibits funds provided by this bill from being used for:
Permits funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.
(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.
(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the FAA without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting. Specifies that the prohibition does not apply to negotiations between the FAA and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.
(Sec. 112) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service program, which was established to ensure that small communities have a minimum level of air service.
(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.
(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.
(Sec. 115) Prohibits the FAA from using funds provided by this bill to purchase a store gift card or gift certificate using a government-issued credit card.
(Sec. 116) Prohibits funds provided by this bill from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.
(Sec. 117) Requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.
(Sec. 118) Prohibits funds provided by this bill from being used to pay the salaries and expenses of more than nine political and presidential FAA appointees.
(Sec. 119) Prohibits funds provided by this bill from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products.
(Sec. 119A) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.
(Sec. 119B) Prohibits funds provided by this bill from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.
(Sec. 119C) Prohibits the FAA from withholding consideration and approval of any application for participation in the Contract Tower Program, including applications from cost-share program participants, if the tower meets the criteria included in the FAA report entitled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."
(Sec. 119D) Prohibits funds provided by this bill from being used to limit an Organization Designation Authorization holder from utilizing authorized delegated functions, unless the FAA documents a systemic airworthiness noncompliance performance issue with regard to a specific function or where an ODA's capability has not been previously established in terms of a new compliance method or design feature. Specifies that, when the FAA has limited the authority of the ODA, the FAA must work with the ODA holder to develop the capability to execute that function safely and effectively.
Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.
Rescinds specified balances of unused contract authority from the HTF.
(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.
Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)
(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.
(Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.
(Sec. 122) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.
(Sec. 123) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.
(Sec. 124) Requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects (FASTLANE grants).
(Sec. 125) Requires the FHWA to reinstate regulations which permit the Clearview font to be used as an approved alternate font on highway guide signs.
(Sec. 126) Expands an exemption from federal truck weight restrictions to include North Dakota.
Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.
(Sec. 130) Directs the FMCSA to require certain Mexican motor carriers to meet specified safety requirements when applying to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border.
(Sec. 131) Requires the FMCSA to send notice of violations of certain safety procedures and regulations that could require expedited safety audits, compliance reviews, or corrective actions using certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violation.
(Sec. 132) Prohibits DOT from using funds to enforce certain requirements for the use of electronic logging devices with respect to operators of commercial motor vehicles transporting livestock or insects.
(Sec. 133) Prohibits funds from being used to amend, revise or otherwise modify regulations for safety fitness determinations for motor carriers until the DOT Inspector General makes specified certifications.
(Sec. 134) Specifies that federal laws and regulations related to hours of service for commercial drivers preempt state and local laws and regulations. Makes the preemption retroactive to the date of enactment of the Federal Aviation Administration Authorization Act of 1994.
Provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.
Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.
(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.
(Sec. 141) Exempts from the current fiscal year's obligation limitation for NHTSA programs any obligation authority that was made available in previous public laws and has not lapsed or been used.
(Sec. 142) Prohibits funds provided by this bill from being used for NHTSA's National Roadside Survey.
(Sec. 143) Prohibits funds provided by this bill from being used to mandate global positioning system tracking without fully considering privacy concerns.
Provides appropriations to the Federal Railroad Administration (FRA) for:
(Sec. 150) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.
(Sec. 151) Prohibits funds provided by this bill from being used for high speed rail in California or for the FRA to administer a grant agreement with the California High Speed Rail Authority that contains a tapered matching requirement. (A tapered match allows a project's federal share to vary from year to year as long as the final contribution of federal funds does not exceed the project's maximum authorized share.)
(Sec. 152) Prohibits the Surface Transportation Board from using funds provided by this bill to take any actions with respect to the construction of a high speed rail project in California unless the permit is issued by the board with respect to the entire project.
Provides appropriations to the Federal Transit Administration (FTA) for:
Provides funding from the HTF to the FTA for Transit Formula Grants.
(Sec. 160) Exempts previously made transit obligations from limitations on obligations.
(Sec. 161) Permits FTA Fixed Guideway Capital Investment funds for projects specified in this bill or the accompanying report that are not obligated by September 30, 2022, to be used for other projects eligible to use the funds for the same purpose.
(Sec. 162) Permits funds appropriated before October 1, 2017, that remain available for expenditure to be transferred from older accounts to new accounts with similar current activities.
(Sec. 163) Prohibits the use of funds for a new light or heavy rail project for the Metropolitan Transit Authority of Harris County, Texas if the project is constructed at a specified location in Houston, Texas unless the voters approve a ballot proposition specifying the location and the project meets specified criteria.
(Sec. 164) Prohibits funds provided by this bill from being used to enter into a full funding grant agreement for a project with a New Starts share greater than 50%.
Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.
Provides appropriations for the Maritime Administration (MARAD) for:
(Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Requires rental payments received pursuant to this provision to be credited to the Treasury as miscellaneous receipts.
(Sec. 171) Prohibits DOT or MARAD from using funds provided by this bill for fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay any sum to purchase and scrap or recycle a vessel owned, operated or managed by MARAD or that is part of the National Defense Reserve Fleet.
(Sec. 172) Limits the penalty wages that must be paid when a vessel owner, operator, or an employer withholds pay for seamen on: (1) foreign and intercoastal voyages, and (2) coastwise voyages.
Provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for:
Provides appropriations to the Office of Inspector General.
(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.
Permits DOT to use funds for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance DOT's, or its operating administrations' missions. Deems any unmanned aircraft system purchased or procured by DOT prior to the enactment of this bill to be authorized.
(Sec. 181) Permits DOT to use funds provided by this bill for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.
(Sec. 182) Prohibits recipients of funds provided by this bill from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds for any grantee if a state is not in compliance with this provision.
(Sec. 183) Permits funds received by the FHWA and the FRA from states or other private or public sources for training expenses to be credited to specified agency accounts, subject to an exception for state rail safety inspectors participating in certain training required under current law.
(Sec. 184) Prohibits funds provided by this bill from being used for certain loans, loan guarantees, lines of credit, or grants that exceed $500,000 unless DOT notifies Congress at least three business days in advance of announcing competitively selected projects.
Requires DOT to provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)
Requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of credit, and discretionary grants that will be announced with a three-day advance notice to Congress.
(Sec. 185) Permits rebates, refunds, incentive payments, minor fees, and other funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.
(Sec. 186) Permits DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.
(Sec. 187) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.
(Sec. 188) Permits funds provided by this bill for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.
(Sec. 189) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.
(Sec. 190) Prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.
Department of Housing and Urban Development Appropriations Act, 2018
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Provides FY2018 appropriations for the Department of Housing and Urban Development (HUD).
Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.
Provides appropriations for Program Office Salaries and Expenses, including:
Permits HUD to transfer specified funds provided by this title for salaries and expenses to the Working Capital Fund to fund centralized activities.
Provides appropriations for Public and Indian Housing, including:
Provides appropriations for Community Planning and Development, including:
Provides appropriations for Housing Programs, including:
Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes: (1) the Mutual Mortgage Insurance Program Account, and (2) the General and Special Risk Program Account.
Provides appropriation and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).
Provides appropriations to HUD for:
(Sec. 201) Requires 50% of the funds that are recaptured from the refinancing of state or locally financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury.
Requires the funds that are not rescinded or returned to Treasury to be used by state housing finance agencies or local governments for certain projects approved by HUD.
Permits HUD to award up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.
(Sec. 202) Prohibits funds provided by this bill from being used to investigate or prosecute under the Fair Housing Act any lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.
(Sec. 203) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with provisions of the Department of Housing and Urban Development Reform Act of 1989 regarding HUD accountability.
(Sec. 204) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 205) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this bill or through reprogramming.
(Sec. 206) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2018 budget.
(Sec. 207) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.
(Sec. 208) Requires the President's budget request and HUD's congressional budget justifications to use the same account and sub-account structure included in this bill.
(Sec. 209) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.
(Sec. 210) Permits HUD to authorize the transfer of project-based assistance, debt, and low-income and very low-income use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to a viable project if no additional costs are incurred and other specified conditions are met.
(Sec. 211) Sets forth eligibility requirements for section 8 housing assistance vouchers.
(Sec. 212) Requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.
(Sec. 213) Permits HUD to insure home equity conversion mortgages (HECMs or reverse mortgages) for elderly homeowners through FY2018, notwithstanding limitations on insurance authority included in the National Housing Act.
(Sec. 214) Sets forth requirements for HUD regarding the managing and disposing of any multifamily housing property that is held or owned by HUD. Specifies requirements for maintaining any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property.
(Sec. 215) Permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.
(Sec. 216) Permits certain public housing agencies (PHAs) that own and operate 400 or fewer public housing units to elect to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.
(Sec. 217) Prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.
(Sec. 218) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.
(Sec. 219) Requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2018.
(Sec. 220) Sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.
(Sec. 221) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.
(Sec. 222) Requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.
(Sec. 223) Limits compensation for PHA officials and employees.
(Sec. 224) Prohibits funds provided by this bill from being used for the HUD doctoral dissertation research grant program.
(Sec. 225) Amends the United States Housing Act of 1937 to extend the HOPE VI program through FY2018. (The program provides funds to renovate or demolish existing public housing and replace it with mixed-income housing.)
(Sec. 226) Requires HUD to notify Congress at least three business days before announcing the recipients of grant awards.
(Sec. 227) Prohibits funds provided by this bill from being used to require or enforce the Physical Needs Assessment (PNA).
(Sec. 228) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this bill to finance mortgages for properties that have been subject to eminent domain.
(Sec. 229) Prohibits the use of funds made available by this bill to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.
(Sec. 230) Permits Office of Policy Development and Research funds for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.
(Sec. 231) Prohibits HUD employees who are subject to administrative discipline in FY2018, including suspension from work, from receiving awards (including performance, special act, or spot) for the remainder of FY2018 after the effective date of the disciplinary action.
(Sec. 232) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2016, 2017 and 2018 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)
(Sec. 233) Permits HUD to use funds provided by this bill for Homeless Assistance Grants to award one-year grants to transition from one Continuum of Care program component to another.
(The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.) Specifies that no more than 50% of each transition grant may be used for the costs of eligible activities of the program component originally funded.
(Sec. 234) Prohibits HUD from using funds provided by this bill to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled "Affirmatively Furthering Fair Housing" or the notice entitled "Affirmatively Furthering Fair Housing Assessment Tool."
(Sec. 235) Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to extend the Mark-to-Market Program until October 1, 2022. (The program is intended to preserve long-term low-income housing affordability by restructuring FHA-insured or HUD-held mortgages for eligible multifamily housing projects.)
(Sec. 236) Prohibits funds provided by this bill for new guarantees of mortgages insured under the Mutual Mortgage Insurance (MMI) Fund from being used to guarantee or insure any mortgage on properties with a loan under the Property Assessed Clean Energy (PACE) program, if any portion of the loan or obligation is or has the potential to be in a superior lien position compared to the mortgage guaranteed or insured under the MMI Fund.
(Sec. 237) Amends the Department of Housing and Urban Development Appropriations Act, 2012 to modify the requirements for the Rental Assistance Demonstration Program.
TITLE III--RELATED AGENCIES
Provides FY2018 appropriations to:
TITLE IV--GENERAL PROVISIONS--THIS ACT
(Sec. 401) Prohibits funds provided by this bill from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this bill.
(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this bill.
(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or an executive order.
(Sec. 404) Prohibits the use of funds provided by this bill for employee training not specifically related to the performance of official duties.
(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this bill.
(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2018 from appropriations for salaries and expenses to remain available through FY2019, subject to congressional approval and reprogramming guidelines.
(Sec. 407) Prohibits funds provided by this bill from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.
(Sec. 408) Prohibits the transfer of funds provided by this bill to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.
(Sec. 409) Prohibits the use of funds provided by this bill to permanently replace an employee intent on returning to his or her previous occupation after completing military service.
(Sec. 410) Requires expenditures of funds provided by this bill to comply with the Buy American Act.
(Sec. 411) Prohibits funds provided by this bill from being made available to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 412) Prohibits funds provided by this bill from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.
(Sec. 413) Prohibits the use of funds provided by this bill to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
(Sec. 414) Restricts the number of employees that agencies funded in this bill may send to international conferences.
(Sec. 415) Limits Surface Transportation Board fees for the filing of rate or practice complaints.
(Sec. 416) Rescinds unobligated balances of funds provided to specified accounts by the Consolidated Appropriations Act, 2017.
(Sec. 417) Prohibits funds provided by this bill from being used for a computer network that does not block the viewing, downloading, and exchanging of pornography. Includes exceptions for law enforcement agencies or other entities carrying out criminal investigations, prosecution, or adjudication activities.
(Sec. 418) Establishes a spending reduction account for the amount by which spending proposed in this bill exceeds the subcommittee's allocation under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)