House Appropriations Committee Issues Report on DOT, HUD, Related Agencies Appropriations Bill, 2018 (Part 2 of 8)

WASHINGTON, July 29 -- The House Appropriations Committee issued a report (H.Rpt. 115-237) on legislation (H.R. 3353) in explanation of the accompanying bill making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2018. The report was advanced by Rep. Mario Diaz-Balart, R-Fla., on July 21.

FINANCE AND MANAGEMENT

The Committee recommends $777,506,000 for finance and management activities, which is $6,164,000 above the fiscal year 2017 enacted level and $19,314,000 above the budget request.

FAA telecommunications infrastructure mission support network.--The Committee is concerned by the FAA's decision to extend by five years its aging Mission Support Network, a decision which carries both technology and cost implications. Within 120 days of enactment of this Act, the FAA will provide to the Committee a report on the status of the FTI Mission Support Network along with future plans, including 1) the contract's current scope of service and performance, 2) current technology profile, including what services can and cannot be provided, and what, if any, technology services will likely be retired over the course of the extension, and 3) the extension's implications to the network's total cost of ownership. The report should also contain a discussion of the proposed decision to extend the contract sole-source, and whether the FAA has explored using alternative Government-wide telecommunications contract vehicles and how those alternative vehicles could meet current and future technology needs at a reduced cost.

Regional offices/noise.--The Committee recognizes the critical role played by FAA regional offices in addressing community concerns with airplane noise. The Committee has provided additional resources in the operations account to address this issue, and directs the FAA to increase staff levels in the regions where appropriate to ensure proper community outreach to affected communities.

Controller workforce.--The Committee directs FAA to continue to update the House and Senate Committees on Appropriations on the diversity of the controller workforce. The Committee notes that revised hiring procedures yielded a class of developmental controllers that represent a more diverse demographic. The Committee remains interested in the success of these new controllers and requests a briefing on their progress no later than 120 days after enactment of this Act.

NEXTGEN AND OPERATIONS PLANNING

The Committee recommends $59,951,000 for NextGen and Operations Planning, which is $204,000 below the fiscal year 2017 enacted level and $910,000 above the budget request.

SECURITY AND HAZARDOUS MATERIALS SAFETY

The Committee recommends $112,622,000 for Security and Hazardous Materials Safety, which is $5,461,000 above the fiscal year 2017 enacted level and $11,661,000 above the budget request.

STAFF OFFICES

The Committee recommends $212,253,000 for Staff Offices, which is $3,152,000 above the fiscal year 2017 enacted level and $7,385,000 above the budget request.

BILL LANGUAGE

Second career training program.--The bill retains language prohibiting the use of funds for the second career training program. This prohibition has been in annual appropriations Acts for many years, and is included in the President's budget request.

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

Aeronautical charting and cartography.--The bill maintains the provision prohibiting funds in this Act from being used to conduct aeronautical charting and cartography (AC&C;) activities through the working capital fund (WCF).

Credits.--The bill includes language allowing funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.

Contract weather observers.--The bill includes language which prohibits funds to eliminate the Contract Weather Observer program.

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2017....................... $2,855,000,000

Budget request, fiscal year 2018...................... 2,766,200,000

Recommended in the bill............................... 2,855,000,000

Bill compared with:

Appropriation, fiscal year 2017................... - - -

Budget request, fiscal year 2018.................. +88,800,000

(RESCISSION)

Appropriation, fiscal year 2017....................... - - -

Budget request, fiscal year 2018...................... -31,200,000

Recommended in the bill............................... - - -

Bill compared with:

Appropriation, fiscal year 2017................... - - -

Budget request, fiscal year 2018.................. +31,200,000

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 investments required by other agency programs, experimental research and development facilities, and other improvements to enhance the safety and capacity of the airspace system.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $2,855,000,000 for the FAA's facilities and equipment program. This level is the same level provided in fiscal year 2017 and $88,800,000 above the budget request. The bill provides that, of the total amount recommended, $2,247,000,000 is available for obligation until September 30, 2019, and $493,000,000 (the amount for personnel and related expenses) is available until September 30, 2018, and $115,000,000 is available until expended for facilities replacements and improvements. The Committee does not recommend a rescission of $31,200,000 as proposed in the budget.

NextGen.--The Committee provides $913,505,000 for NextGen programs in this account. This is $45,600,000 above the budget request. The Committee rejects the proposal in the budget request to reduce NextGen programs as an ill-advised, short- sighted approach that would put the modernization of our air traffic control system at risk. The Committee is especially concerned by the suspension of out-year NextGen investments indicated in the 5-year Capital Investment Plan (CIP), which dramatically reduces planned investments supported by stakeholders through the NextGen Advisory Committee (NAC). The Committee would welcome receiving a revised CIP that reflects NAC recommendations, especially for NextGen programs with a final investment plan.

Satellite and global positioning systems NextGen programs.--The Committee recommendation places a high priority in accelerating the advancement of GPS and satellite enabled technologies. The Committee believes that statements made by Administration officials that the U.S. lags behind the rest of the world in the deployment of these technologies misrepresents the global leadership of U.S. engineers, scientists and manufacturers and the contributions they have made to our air traffic control system. The assertions also fail to recognize that U.S. airspace is the most complex and busiest in the world, and faces unique challenges by serving a general aviation community that surpasses any other Nation by far.

The following table provides funding levels for facilities and equipment activities and budget line items.

(TABLE OMITTED)

William J. Hughes Technical Center facilities.--The recommendation includes $23,000,000 for William J. Hughes Facilities improvements, an increase of $5,000,000 above the budget request. The Committee directs the FAA to use the additional resources to develop a plan to combine all National Air Space and Department of Defenses operational systems at the FAA Technical Center into one 24/7/365 NAS compliant facility at the Technical Center. The plan shall include required environmental studies, site location study, engineering design and drawings of the building, anticipated costs, and all other required paperwork and approvals with a goal to start construction expeditiously. The Administrator shall execute the plan and complete required parts of the plan by the end of fiscal year 2018.

Unmanned aerial systems (UAS) and international traffic management.--The Committee provides $86,250,000 for En Route Automation Modernization--System Enhancements and Technology Refresh, an increase of $8,250,000 above the fiscal year 2017 enacted level and $9,600,000 above the budget request to continue to maintain and advance U.S. leadership in UAS integration and high altitude international traffic management.

Next generation very high frequency air/ground communications (NEXCOM).--The Committee provides $58,000,000 for Next Generation Very High Frequency Air/Ground Communications, an increase of $5,000,000 above the budget request. The NEXCOM Segment 2 (NS2) Phase 1 & 2 Program replaces and modernizes the aging, unsupportable, and obsolete National Airspace System (NAS) Safety Critical Service air-to- ground (A/G) analog radios that allow direct voice communication with pilots in Terminal, Enroute, and Flight Services. The currently installed radios date back to 1967 and updated radio technology will improve system performance and dramatically reduce sustainment and support costs. These sustainment and support costs of the 50 year-old radios are significant and the FAA has had to resort to cannibalization of radio inventory for spare parts to support Safety Critical Service operational units. The Committee recognizes the importance of replacing these radios and is concerned with the FAA's recently revised Capital Investment Plan which delays the procurement and installation of the required radios. The Committee requests a report not later than 180 days after enactment that describes the FAA's plan to replace the radios and the revised deployment schedule.

NextGen weather processor.--The Committee provides $40,450,000 for NextGen Weather Processor, an increase of $5,000,000 above the budget request. The Committee recognizes that the NextGen Weather Processor (NWP) has the capability to provide valuable and cost effective information to make better informed decisions concerning weather and air traffic control operations. In fact, NWP looks to be one of the NextGen initiatives that has high potential to start producing significant NextGen benefits through much improved weather prediction and forecasting in the National Airspace System. As part of that effort, the Committee recommends that the FAA dedicate sufficient funding to accelerate the development and deployment of NWP in an expeditious manner to realize the benefits of NWP sooner and reduce overall program costs. This would have a significant effect on improving safety and efficiency of air traffic operations in bad weather conditions.

DataComm.--The Committee provides $175,100,000 for Data Communications (DataComm) in Support of the NextGen Air Transportation System, an increase of $21,000,000 above the budget request. The capabilities in Data Communications full services will reduce the need for the controller or pilot to voice complicated instructions consisting of long strings or route fixes that can often cause controllers and pilots to repeat the information until correct and confirmed. The increase level provided will enable the FAA to reduce congestion on radio frequencies which will reinforce the business case benefits and airlines investment in aircraft equipage which will increase the NextGen benefits accrued in the national airspace system. The airlines anticipate this capability will enable them to fly more efficient routes, saving time and fuel. The airspace users have expressed through the NextGen Advisory Committee (NAC) and other forums that their business case for investing in Data Comm relies on the capabilities delivered by En Route Full Services.

Reduced oceanic separation/SBS advanced surveillance enhanced procedural separation.--The Committee provides $14,350,000 for Reduced Oceanic Separation portfolio, an increase of $10,000,000 above the budget request. The additional funding will accelerate testing and evaluation of the technology, operational trials, modification of automation systems, and other activities necessary to use space-based ADS- B for enhanced surveillance to enable reduced oceanic separation services. The Committee commends the FAA for requesting that the NextGen Advisory Committee (NAC) evaluate the benefit of enhanced surveillance capabilities. The NAC recently approved a final report that identified significant quantified benefits from using space-based ADS-B, mainly by enabling aircraft to obtain their preferred optimal flight tracks and altitudes to minimize fuel burn or to recover from delays. In addition to operational enhancements and efficiencies, the technology enables critical safety benefits, including filling existing surveillance gaps, precise search and rescue, global flight tracking, and reversing the rising number of denied weather deviations on oceanic tracks due to lack of surveillance. While the Committee appreciates recent progress, the Committee remains concerned that the FAA still lags behind other air navigation service providers in implementing space-based ADS-B. Therefore, the Committee directs the FAA to make a final investment decision not later than September 30, 2018 regarding a reduced oceanic separation capability that, if a positive business case is provided, would result in operational use by the end of 2020.

Standard Terminal Automation Replacement System/Terminal Automation Modernization Replacement Program (STARS/TAMR).--The Committee is concerned that the FAA is not effectively proceeding with the development and implementation of the directed roadmap for the planned NextGen value added toolsets to aid in increasing safety, capacity, and efficiency to STARS, as directed by the Committee in fiscal year 2017. The Committee also is concerned that the FAA is not expeditiously developing and implementing new software-based toolsets that have the ability to provide significant enhancements and that take advantage of this new infrastructure. Therefore, the Committee directs the FAA to provide a STARS/TAMR roadmap within 90 days of the enactment of this Act. This roadmap should detail the future path including investment decision milestones that will be necessary in order to provide terminal area controllers with performance based navigation (PBN) and other NextGen initiatives such as improved terminal area weather.

Terminal airport traffic control facilities--replace.--The Committee recommends $58,118,485, which is $27,000,000 more than the budget request.

--Remote tower.--From the increase provided for terminal airport traffic control facilities--replace, $5,000,000 is only for continuing the ongoing remote tower project, including operating costs, and for deploying remote tower systems to at least 2 other airports. The Committee believes that the remote tower is a promising technology that will improve aviation safety, reduce capital costs, and increase operational efficiencies. In selecting airports to install a remote tower, the Committee directs the FAA to take into account the interest of the airport sponsor and to give priority to airports that are currently in the contract tower program that have aging towers in need of replacement or are non-towered airports that are viable candidates for the program.

--Facility investments.--The recommendation for Terminal Airport Traffic Control Facilities--Replace also includes an additional $22,000,000 for the replacement of terminal air traffic control facilities and air traffic control towers. The Committee directs the FAA to use this additional funding, as well as funding provided for this activity in the fiscal year 2016 and fiscal year 2017 Appropriations Acts, for all air traffic control towers that are ready for land acquisition or construction. The Committee denies the FAA's request to postpone construction on air traffic control facilities.

Aging contract towers.--The Committee notes that there are some contract towers that are more than 40 years of age, are non-compliant with OSHA standards, and have line of sight issues that adversely affect air traffic control safety. The Committee directs the Administration to conduct assessments of these towers and report back to the Committee within 90 days of enactment.

Terminal radar approach control (TRACON) facilities-- improve.--The Committee recommendation includes $61,800,000 for TRACON facilities improvements, an additional $5,000,000 above the budget request. The FAA's budget request includes $11,200,000 for improvements to the agency's large terminal radar approach control (TRACON) facilities. The Committee directs the FAA to use the requested funding and the additional $5,000,000 for these improvements, and to use these funds for modernization and expansion efforts that will ensure the long- term viability of large TRACONs.

Very high frequency (VHF) omni-directional range (VOR) and tactical air navigation (TACAN).--The Committee is aware of efforts underway to address the rationalization and recapitalization of aging en route navigational aids. These systems are critical to the safety, resiliency, and on-going operations of both civilian and military air navigation. The Committee directs the FAA to move ahead with the issuance of a request for proposals (RFP) to implement a service based procurement for Very High Frequency (VHF) Omni-Directional Range (VOR) and Tactical Air Navigation (TACAN) systems. The RFP shall be released with the objective of issuing a contract expeditiously.

Wide Area Augmentation System (WAAS) for GPS.--The Committee believes that it is critical that the FAA's WAAS ground based infrastructure be ready to work with the new GPS III constellations dual frequency capability. The Committee understands that this effort was to be accomplished in WAAS DFO, Segment 2, which will develop and implement the new algorithms and integrity validation for this new safety-of-life application. The Committee also understands that WAAS DFO Segment 2 will begin acquisition in 2019. In the fiscal year 2017 appropriations Act, the Committee directed the FAA to begin algorithm development and test in support of dual frequency operations. In addition, the Committee recommended that the FAA dedicate sufficient funding to begin design, development, modeling and prototyping of the new dual frequency algorithms. The Committee directs the FAA to brief the House and Senate Committees on Appropriations on their plan for accomplishing this directed action within 120 days after enactment.

WAAS GEO 7 satellite system.--The Committee recommends that development of the WAAS GEO 7 satellite system begin in fiscal year 2018 to ensure continuous sustainment of a full three- satellite WAAS navigation constellation. All current GEO host satellites reach the end of their base contracts by the end of 2017. So unless the FAA moves more expeditiously with the development of WAAS GEO 7, the window for the next available host satellite launches may pass, thereby delaying this navigational capability. This creates significant risk for the WAAS 3-satellite GEO constellation's ability to provide continuous uninterrupted service for aviation and other users. The Committee encourages the FAA to consider working with the current supplier in order to meet this window of opportunity. The Committee recommends $3,000,000 million in additional fiscal year 2018 funding to mitigate this risk and to initiate host satellite commitments, secure space and ground subcontracts, and obtain FAA approval to secure a lease with a satellite provider.

BILL LANGUAGE

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

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2017....................... $176,500,000

Budget request, fiscal year 2018...................... 150,000,000

Recommended in the bill............................... 170,000,000

Bill compared with:

Appropriation, fiscal year 2017................... -6,500,000

Budget request, fiscal year 2017.................. +20,000,000

This appropriation provides funding for long-term research, engineering, and development programs to improve the air traffic control system and to raise the level of aviation safety, as authorized by the Airport and Airway Improvement Act and the Federal Aviation Act. The appropriation also finances the research, engineering, and development needed to establish or modify federal air regulations.

COMMITTEE RECOMMENDATION

The Committee recommendation includes $170,000,000 for FAA's research, engineering, and development programs, which is $6,500,000 less than the fiscal year 2017 enacted level and $20,000,000 above the budget request.

The Committee recommendation includes the following funding levels for research, engineering, and development programs.

(TABLE OMITTED)

Advanced material/structural integrity safety.--The Committee recommendation includes $7,000,000 for Advanced Material/Structural Integrity Safety, an increase of $2,662,000 above the budget request.

NextGen-alternative fuels for general aviation.--The Committee provides $7,000,000 for NextGen-Alternative Fuels for General Aviation, an increase of $1,076,000 above the budget request.

Unmanned aircraft systems research.--The Committee provides $13,787,000 for Unmanned Aircraft Systems Research, an increase of $7,000,000 above the budget request. The Administrator shall use FAA integrated laboratories, in partnership with NASA laboratories, to provide for proofs of concept supporting the integration of UAS into the NAS and to ensure interoperability with NAS systems. The Unmanned Traffic Management (UTM) system will create an air traffic control network for UAS that will have the capability to communicate with existing NAS infrastructure.

UAS research plan.--The Committee directs the FAA to submit to the House and Senate Committees on Appropriations a comprehensive plan for research supporting full integration of unmanned aircraft systems no later than 180 days after enactment.

The Committee requests that FAA provide a report within 120 days of enactment of this Act on its progress meeting statutory obligations under Section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190) to develop a research plan and establish a pilot program to demonstrate a UTM system.

UAS test sites.--The Committee fully supports UAS Test Sites, which were established by Congress through the FAA Modernization Act of 2012 to safely integrate UAS research breakthroughs and technology innovations into national airspace in a safe and comprehensive manner. Since 2013, the UAS industry has grown leaps and bounds, fueled by opportunity and application. The technology continues to push the envelope, and the test sites serve to shepherd these technologies and innovations by merging public safety with application.

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(TABLE OMITTED)

The bill includes a liquidating cash appropriation of $3,000,000,000 for grants-in-aid for airports, authorized by the Airport and Airway Improvement Act of 1982, as amended, which is $750,000,000 below the fiscal year 2017 enacted level and the same as the budget request. This funding provides for liquidation of obligations incurred pursuant to contract authority and annual limitations on obligations for grants-in- aid for airport planning and development, noise compatibility and planning, the military airport program, reliever airports, airport program administration, and other authorized activities.

LIMITATION ON OBLIGATIONS

The bill includes a limitation on obligations of $3,350,000,000 for fiscal year 2018, which is the same as both the fiscal year 2017 enacted level and the budget request.

Airport connectivity.--The Committee is concerned about the impact of connectivity between regional airlines servicing small community airports and the legacy airlines at their hub airports. The inability of these regional airlines to link seamlessly with legacy airlines at their hub airports discourages passenger growth at small airports with existing service as well as those communities seeking to initiate or expand air service. The Committee encourages the Federal Aviation Administration to study this issue and determine additional steps that can be taken to provide interlining and seamless connectivity at hubs between regional airlines from all small communities to ultimate destinations, regardless of current code-sharing arrangements.

Regulatory compliance.--The Committee is concerned about the findings of the 2013 Airport Cooperative Research Program report entitled, "Impact of Regulatory Compliance Costs on Small Airports." The Committee directs FAA to develop a plan to implement the report's recommendations and report back to Congress within 180 days of enactment of this Act.

Aircraft rescue and firefighting.--The Aircraft Rescue and Firefighting (ARFF) program requires certificated airports to ensure their designated personnel receive proper training, including initial and ongoing training. There are a number of training facilities across the country that provide different levels of training, including initial and recurrent annual training. The Committee is concerned about changes that have occurred in the number and location of training facilities offering ARFF training, particularly in the Great Lakes and Central FAA regions, which lack a single dedicated ARFF training site within their regions. The Committee is interested in ensuring that ARFF training is available and accessible in a cost-effective and sustainable setting. The Committee directs the FAA, within 120 days of enactment of this Act, to provide the Committee with a report on the number and suitability of training facilities in each of the FAA regions, or within a specified distance from the airports that require such training. The Committee also encourages the Administration to develop a plan for supporting efforts to address coverage gaps identified in this report, and which make use of existing cost- effective proposals, including partnerships between an airport sponsor and an established firefighting training facility that has already made an investment in training personnel and infrastructure. The Committee believes that there may be cost- savings and broader efficiencies for the federal taxpayer by utilizing this type of partnership, and encourages the FAA to evaluate proposals that incorporate existing fire training facilities.

Noise insulation.--The Committee is concerned that federally funded sound insulation installed to mitigate airport noise is aging. The Committee directs the FAA to report to the Committee, not later than 180 days after the enactment of this Act, on the issues associated with aging sound insulation. The report should focus on sound insulation installed prior to 2007, examine the effective lifespan of common sound insulation including window and door upgrades, weather-stripping, and other sound mitigation treatments, and should include recommendations for the replacement of sound insulation that has exceeded its effective lifespan.

Unmanned aircraft systems (UAS) threat mitigation at airports.--Reported sightings of UAS near airports remain a concern, and several options are available to mitigate the threat of errant and hostile UAS near airports. The FAA is working to develop remote identification and tracking standards for UAS in conjunction with industry, Federal government, and law enforcement partners. The Committee is interested in continued efforts to measure the effectiveness of counter UAS systems in an airport environment. To that end, the Committee encourages the FAA to continue working with national security and law enforcement partners, as well as aviation stakeholders, including airport operators, to ensure these technologies do not compromise the safe and efficient operation of the National Airspace System. The Committee expects the FAA to undertake this work in a fiscally responsible manner by continuing to utilize cooperative research agreements that minimize costs to the Federal government.

Airport public private partnerships.--The FAA has invested in an innovative and timely program authorized by the Title 49 United States Code Sec. 47134, to establish a public private partnership program for local airports. Projects which have been preliminarily accepted and or will be approved have been chosen because they are innovative (conform with the intent of the "Pilot Program"), will leverage considerable private capital, lower the traditional Federal investment for public use infrastructure, and create new jobs for America. To fulfill the intent of this program, the Committee directs FAA to expedite final processing and provide the highest priority funding for any project in this program that meets the criteria above.

Runway safety area repairs.--The Committee expects the FAA to work expeditiously to identify grant eligibility for the restoration of key runway safety components such as Engineered Material Arresting System (EMAS) beds. The Committee notes that it included a provision in P.L. 115-31 that modified requirements regarding the use of funds for runway repairs in order to address immediate safety concerns. The Committee is aware of delays in the repair of EMAS beds, which are a critical safety component of airport Runway Safety Areas. The FAA is directed to provide a progress report to the House Committee on Appropriations that details the immediate measures the FAA has taken to ensure safety and operations at airports that have incurred damage to their EMAS beds, within 60 days of enactment of this Act. The FAA is further directed to provide a progress report to the House Committee on Appropriations that provides an update on the status of the EMAS bed repairs, within 180 days of enactment of this Act.

Draft master plans.--The Committee encourages FAA to expedite the review of any draft Master Plan documents from such airports to help quickly identify and evaluate the full range of possible alternatives, including the possibility of alternative landing surfaces while also helping to protect the longterm flexibility of such airports to accommodate long-term growth.

ADMINISTRATION AND RESEARCH PROGRAMS

Airport administrative expenses.--Within the overall obligation limitation, the bill includes $111,863,000 for the administration of the airports program by the FAA. This funding level is $4,172,000 above the fiscal year 2017 enacted level and the same as the budget request.

Airport cooperative research program (ACRP).--The recommendation includes $15,000,000, which is the same as the fiscal year 2017 enacted level and the budget request. The ACRP identifies shared problem areas facing airports that can be solved through applied research but are not adequately addressed by existing federal research programs.

Airport technology research.--The Committee recommendation includes a minimum of $33,210,000 for the FAA's airport technology research program, which is $1,835,000 above the fiscal year 2017 enacted level and the same as the budget request. The funds provided for this program are utilized to conduct research in the areas of airport pavement; airport marking and lighting; airport rescue and firefighting; airport planning and design; wildlife hazard mitigation; and visual guidance.

BILL LANGUAGE

Runway incursion prevention systems and devices.-- Consistent with prior year appropriations Acts, the bill allows funds under this limitation to be used for airports to procure and install runway incursion prevention systems and devices.

ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION

Section 110. The Committee retains a provision limiting the number of technical work years at the Center for Advanced Aviation Systems Development to 600 in fiscal year 2018.

Section 111. The Committee retains a provision prohibiting FAA from requiring airport sponsors to provide the agency 'without cost' building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings, except in the case of certain specified exceptions.

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

Section 113. The Committee continues a provision allowing reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the operations account.

Section 114. The Committee continues a provision prohibiting FAA from paying Sunday premium pay, except in those cases where the individual actually worked on a Sunday.

Section 115. The Committee continues a provision prohibiting FAA from using funds to purchase store gift cards or gift certificates through a government-issued credit card.

Section 116. The Committee continues a provision that requires approval from the Deputy Assistant Secretary for Administration of the Department of Transportation for retention bonuses for any FAA employee.

Section 117. The Committee continues a provision that requires the Secretary to block the display of an owner or operator's aircraft registration number in the Aircraft Situational Display to Industry program, upon the request of an owner or operator.

Section 118. The Committee continues a provision that limits the number of FAA political appointees to nine.

Section 119. The Committee continues a provision that prohibits funds for any increase in fees for navigational products until FAA has reported a justification for such fees to the House and Senate Committees on Appropriations.

Section 119A. The Committee continues a provision that requires FAA to notify the House and Senate Committees on Appropriations at least 90 days before closing a regional operations center or reducing the services it provides.

Section 119B. The Committee continues a provision prohibiting funds to change weight restrictions or prior permission rules at Teterboro Airport in Teterboro, New Jersey.

Section 119C. The Committee continues a provision prohibiting funds to withhold funds from certain contract tower applicants.

Section 119D. The Committee includes a provision that requires FAA to take certain actions related to organization delegation authorization.

Federal Highway Administration

The Federal Highway Administration (FHWA) provides financial assistance to the states to construct and improve roads and highways. It also provides technical assistance to other agencies and organizations involved in road building activities. Title 23 of the United States Code and other supporting statutes provide authority for the activities of the FHWA. Funding is provided by contract authority, while program levels are established by annual limitations on obligations, as set forth in appropriations Acts.

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2017....................... $435,795,000

Budget request, fiscal year 2018...................... 442,691,925

Recommended in the bill............................... 442,691,925

Bill compared with:

Appropriation, fiscal year 2017................... +6,896,925

Budget request, fiscal year 2018.................. - - -

The limitation on administrative expenses caps the amount, from within the limitation on obligations, that FHWA may spend on salaries and expenses necessary to conduct and administer the federal-aid highway program, highway-related research, and most other federal highway programs.

COMMITTEE RECOMMENDATION

The Committee recommends a limitation on FHWA administrative expenses of $442,691,925, including $3,248,000 transferred to the Appalachian Regional Commission. The recommendation is $6,896,925 above the fiscal year 2017 enacted level, and the same as the budget request.

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

[In thousands of dollars]

(TABLE OMITTED)

The federal-aid highways program is designed to aid in the development, operations, and management of an intermodal transportation system that is economically efficient and environmentally sound, to provide the foundation for the nation to compete in the global economy, and to move people and goods safely.

Federal-aid highways and bridges are managed through a federal-state partnership. States and localities maintain ownership of and responsibility for the maintenance, repair and new construction of roads. State highway departments have the authority to initiate federal-aid projects, subject to FHWA approval of the plans, specifications, and cost estimates. The federal government provides financial support, on a reimbursable basis, for construction and repair through matching grants.

Programs included within the federal-aid highways program are financed from the highway trust fund. The federal-aid highways program is funded by contract authority, and liquidating cash appropriations are subsequently provided to fund outlays resulting from obligations incurred under contract authority. The Committee sets, through the annual appropriations process, an overall limitation on the total contract authority that can be obligated under the program in a given year.

COMMITTEE RECOMMENDATION

The Committee recommends a total program level of $44,173,212,000 for the activities of FHWA in fiscal year 2018. This amount is $1,025,112,000 above the fiscal year 2017 enacted level and $800,000,000 below the budget request. Included within the recommended amount is an obligation limitation of $44,234,212,000, $739,000,000 in contract authority that is exempt from the obligation limitation, and an $800,000,000 rescission of prior year unobligated contract authority balances.

Highway guide sign fonts.--In early 2016, FHWA notified state transportation agencies of its intention to rescind approval for the use of an alternate font on highway guide signs. The decision was made without adequate public input, and immediately impacted an estimated 26 states that had been given prior approval for alternate font use as a safe way to communicate with the traveling public. In order to provide an opportunity to fully consider the impact of this decision, the bill prohibits funds from being used to enforce actions terminating the interim approval of this alternate font during fiscal year 2018. The Committee is also aware of recent research regarding the safety and effectiveness of the alternate font, and that multiple states have submitted comments to FHWA in support of reinstating approval for the alternate font. FHWA is directed to conduct a comprehensive review of the research on this alternate font and to report back to the Committee within 90 days of enactment of this Act. The report must document the safety and cost implications of the decision to terminate approval and fully address the comments submitted by affected states during the December 13, 2016 Request for Information related to the alternate font.

Transportation project delays.--The Committee notes the significant increase in transportation project development timelines from planning and design to completion of construction. Analyses from the Department of Transportation and independent organizations show major highway projects currently take between 10 and 20 years to complete, twice their duration 40 years ago. Transportation projects are frequently delayed by untold design changes, environmental regulations, right-of-way issues, utility coordination, outdated construction methodologies, inadequate workforce development practices, and poor project management execution. Unnecessarily long project timelines increase project costs, introduce programmatic inefficiencies, encourage superfluous design changes, and ultimately obstruct the delivery of desperately needed infrastructure in the United States. The Committee supports the Department's efforts to research and implement accelerated and integrative project management and collaborative development strategies to compress project timelines and enhance stakeholder participation. It recommends relying on proven applied transportation research institutions to achieve these objectives.

The administrative burden on compliance of every action that triggers the National Environmental Policy Act (NEPA) has held up countless federally funded projects including projects to build our nation's infrastructure. The Committee encourages the Secretary to use all existing authorities to implement Executive Order 13766 in order to accelerate infrastructure projects funded in fiscal year 2018.

Bridge corrosion control best practices.--The Committee is concerned with the large number of structurally deficient bridges in the U.S. and recognizes that corrosion is a leading cause of bridge failure. The Committee also recognizes that the use of industry best practices in corrosion planning and prevention can greatly lengthen the lifecycle of a bridge, saving taxpayer money and protecting public safety and the environment. Therefore, the Committee directs the Secretary to consult with state transportation departments to ensure that contractors and subcontractors hired for bridge construction, alteration or maintenance projects using federal taxpayer money, other than those involving minor repair work, are utilizing industry best practices to prevent, mitigate and control corrosion. Industry best practices include surface preparation, protective coatings, materials selection, cathodic protection, corrosion engineering, and personnel training. The Secretary should ensure that state departments of transportation are using contractors and subcontractors that are qualified, as determined by a third-party organization, as capable of meeting industry best practices. The Committee expects the Secretary to report back to the Committee, and to the House Transportation and Infrastructure Committee and the Senate Environment and Public Works Committee, within one year of enactment of this legislation, on the status of corrosion control planning by state departments of transportation, and the status of corrosion control best practice requirements in state regulations and in bid specifications for bridge projects using federal taxpayer money. The Committee expects the report to highlight what steps the Secretary has taken, in consultation with state departments of transportation, to ensure that contractors and subcontractors hired for bridge construction, alteration or maintenance projects using federal taxpayer money are qualified and utilizing industry best practices to prevent, mitigate and control corrosion in bridge projects.

Bridge and structure product and technology innovations clearing house.--The Committee directs the Department to facilitate implementation of new and advanced transportation infrastructure by promoting and advancing new products and innovations related to highway bridges and structures. Unfortunately, the mainstreaming of new innovations within the surface transportation communities is a lengthy, complex, and difficult process. As part of this action, the Committee directs the Department to serve as a clearing house for new innovations by providing a specific location for bridge and structure stakeholders to find technically robust and unbiased information and reports that evaluate innovations and accelerate acceptance and implementation of new bridge and structure materials and technologies.

Culvert and storm sewer materials procurement.--The Committee directs the Secretary to evaluate the methods by which States procure culvert and storm sewer materials and the impact of those methods on project costs, including the extent to which such methods take into account environmental principles, engineering principles, and the varying needs of projects based on geographic location.

Geosynthetic reinforced soil-integrated bridge systems.-- The Committee supports continuing the geosynthetic reinforced soil-integrated bridge system program including research and deployment to capitalize on investments in the program. The Committee encourages FHWA to fund research to address development of technical specifications for segmental facing material durability, connections between geosynthetics and segmental facing materials in retaining walls, including bridge abutments, segmental unit sound barriers, and scour countermeasures in erosion control systems. The Committee encourages FHWA to complete currently planned cost studies of geosynthetic-reinforced soil abutments, consider grants to deploy innovations in geosynthetic-reinforced abutments, segmental sound barriers, and flooding scour countermeasures, to address technical specifications for segmental face durability and geosynthetics connections, and to prepare and distribute reports to state DOTs to enhance state and local application. The Committee encourages FHWA to use demonstration grants to deploy innovations in geosynthetics and segmental retaining walls.

Permeable pavements.--The Committee encourages the Secretary to accelerate research, demonstration, and deployment of permeable pavements to achieve flood mitigation, pollutant reduction, stormwater runoff reduction, and conservation. Projects may include roadway shoulder load testing and documenting lifecycle cost efficiency.

Recycled materials.--Section 1428 of the Fixing America's Surface Transportation Act (FAST Act) requires the Secretary to encourage use of durable and sustainable materials. The Committee encourages FHWA to fulfill these objectives and to consider working collaboratively with the Expert Task Group, the American Association of State Highway and Transportation Officials, and industry stakeholders in developing revised standards that allow for the maximum use of recycled materials without detrimental impact to lifecycle cost.

Federally-owned bridges.--The Committee recognizes that there are a number of infrastructure projects owned solely by the federal government that are in serious need of repair. The Committee strongly encourages the Department to give the highest priority to grant applications for federal infrastructure projects which serve the greatest purpose in terms of public use. The attributes of infrastructure projects that should be given the highest priority must include, but should not be limited to, high rates of traffic, facilitation of regional traffic patterns, proximity to major metropolitan areas, facilitation of interstate commerce, accessibility to and from major metropolitan areas, and national security purpose in that they are essential evacuation routes during emergency situations. Other attributes--such as projects which link states, federal districts, national parks, or territories to other major national monuments and parks--should also be considered.

Commercial roads in the appalachian development highway system.--The Committee encourages FHWA to work with relevant state departments of transportation in Appalachia to ensure that construction and repair projects are prioritized for roads of critical commercial importance in the historic Appalachian Development Highway System.

Border state infrastructure.--The Department of Transportation shall encourage states using federal funds designated for border state infrastructure to ensure participation of city and county governments along the U.S.- Mexico border in project selection processes.

Transportation infrastructure and military installations.-- Since the passage of the Federal-Aid Highway Act of 1956 (P.L. 84-627), investments in our nation's transportation infrastructure have been directly tied to supporting national defense. Access to and from military installations continues to impact operations and local communities. The Committee strongly encourages the Secretary of Transportation to work with the Secretary of Defense to assess the transportation infrastructure that supports access to and from domestic military installations and to develop a strategy for addressing opportunities to improve base access and egress, impact on the local community, and national security.

Critical commerce corridors.--The Committee believes critical commerce corridors, an authorized use of funds in the nationally significant freight and highway projects program, can improve our economic efficiency, reduce travel times, and promote safe travel on our nation's roads and highways. These corridors include existing highways where a barrier physically separates lanes dedicated to heavy commercial trucks from lanes dedicated to passenger vehicles. The Committee encourages DOT to strongly consider applications for the creation of critical commerce corridors when awarding grants to individual states.

Freight transportation projects.--Major freight corridors improve our economic efficiency, advance exports and imports, increase the efficiency of national and international freight movement, promote economic growth on a regional and national basis, and increase employment. As an example, IH 35 in Texas, which carries more than ten percent of the freight traffic for the entire country remains a critical component of the Primary Highway Freight System on the National Highway Freight Network. The Committee believes that funding for transportation projects that impact the National Highway Freight Network should be a high priority.

Technology and innovation deployment program.--The Committee supports the technology and innovation deployment program's efforts to improve the safety, efficiency, reliability, and performance of our Nation's transportation infrastructure. There is a growing need to accelerate the adoption of best practices, technologies, and materials that lead to faster construction and cost-effective rehabilitation of efficient and safe bridges. The Committee encourages the Department to use these funds for the demonstration and deployment of advanced composite materials in bridge replacement and rehabilitation.

JobMod software.--The Committee directs the Secretary within 180 days of enactment of this Act to revise and update the JobMod input-output economic software model, or equivalent, to ensure that it is capable of estimating the number of jobs supported by $1,000,000,000 of federal-aid highway expenditure as well as the number of on-project jobs created by highway project investments eligible under Title 23, United States Code.

Noise barrier designs and materials.--The Committee recognizes that high speed traffic in municipal and suburban areas has created serious noise concerns for many residential and business communities and effective noise barrier designs are important to the health and welfare of the community. Innovative engineered products derived from natural materials with low embodied energy have been shown to be cost effective and aesthetically pleasing materials to use in the construction of noise barrier systems. Therefore the Committee directs the Secretary of Transportation to prioritize the use of innovative natural building materials and design techniques with low embodied energy in the construction of noise barrier systems in order to increase efficiency and reduce material cost.

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2017....................... $44,005,100,000

Budget request, fiscal year 2018...................... 44,973,212,000

Recommended in the bill............................... 44,973,212,000

Bill compared with:

Appropriation, fiscal year 2017................... +968,112,000

Budget request, fiscal year 2018.................. - - -

COMMITTEE RECOMMENDATION

The Committee recommends a liquidating cash appropriation of $44,973,212,000, which is $968,112,000 above the enacted level and the same as the budget request. This is the amount required to pay the outstanding obligations of the highway program at levels provided in this Act and prior appropriations Acts.

(RESCISSION)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2017....................... -$857,000,000

Budget request, fiscal year 2018...................... - - -

Recommended in the bill............................... -800,000,000

Bill compared with:

Appropriation, fiscal year 2017................... +57,000,000

Budget request, fiscal year 2018.................. -800,000,000

COMMITTEE RECOMMENDATION

The Committee recommends a rescission of $800,000,000, which is $57,000,000 less than the 2017 enacted rescission and $800,000,000 larger than the budget request.

ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION

Section 120 distributes obligation authority among federal- aid highway programs.

Section 121 credits funds received by the Bureau of Transportation Statistics to the federal-aid highways account.

Section 122 provides requirements for any waiver of the Buy America Act.

Section 123 requires congressional notification before the Department provides credit assistance under the TIFIA program.

Section 124 requires 60-day notification to the Committees on Appropriations of any grants as authorized under 23 U.S.C. 117.

Section 125 prohibits the termination of the Clearview font as an approved alternate font on highway guide signs.

Section 126 modifies the application of a federal truck weight exemption to include the State of North Dakota.

Federal Motor Carrier Safety Administration

The Federal Motor Carrier Safety Administration (FMCSA) was established within the Department of Transportation (DOT) by Congress through the Motor Carrier Safety Improvement Act of 1999. FMCSA's mission is to promote safe commercial motor vehicle operations and reduce truck and bus crashes. FMCSA works with federal, state, and local entities, the motor carrier industry, highway safety organizations, and the public to further its mission.

FMCSA resources are used to prevent and mitigate commercial vehicle accidents through regulation, enforcement, stakeholder training, technological innovation, and improved information systems. FMCSA also is responsible for enforcing federal motor carrier safety and hazardous materials regulations for all commercial vehicles entering the United States along its southern and northern borders.

Continues with Part 3 of 8

Myron Struck, editor, Targeted News Service, Springfield, Va., 703/304-1897; [email protected]; http://www.targetednews.com