House Appropriations Committee Issues Report on DOT, HUD, Related Agencies Appropriations Bill, 2018 (Part 3 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.

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(TABLE OMITTED)

This limitation controls FMCSA spending on salaries, operating expenses, and research. It provides resources to support motor carrier safety program activities and to maintain the agency's administrative infrastructure. This funding supports nationwide motor carrier safety and consumer enforcement efforts, including the Compliance, Safety, and Accountability Program, regulation and enforcement of freight transport, and federal safety enforcement at the U.S. borders. These resources also fund regulatory development and implementation, information management, research and technology, safety education and outreach, and the safety and consumer telephone hotline.

COMMITTEE RECOMMENDATION

The Committee recommends $283,000,000 in liquidating cash for motor carrier safety operations and programs. The Committee also recommends limiting obligations from the highway trust fund to $283,000,000 for motor carrier safety operations and programs in fiscal year 2018. These levels are $5,800,000 above the fiscal year 2017 enacted level and the same as the budget request.

The Committee continues bill language specifying funding amounts for the research and technology program and adds language specifying funding amounts for information management, both to remain available until September 30, 2020.

Bus lease and interchange rule.--On August 31, 2016, FMCSA announced its intent to issue a rulemaking to revise the final rule concerning the lease and interchange of passenger carrying motor vehicles, in response to numerous petitions for reconsideration. On June 16, 2017, FMCSA published another notice proposing to respond to the same petitions for reconsideration and seeking comment. However, the June 2017 notice has led to confusion for the public because it is not titled a notice of proposed rulemaking, it does not include regulatory text on which to comment, and the content of the notice is inconsistent with the August 2016 notice. The Committee directs FMCSA to issue a formal notice of proposed rulemaking to modify the rule to resolve the issues as identified in its August 2016 notice, including proposed regulatory text, and to ensure the rule appropriately targets unsafe passenger carriers without unduly interfering in compliant business operations. If FMCSA is unable to effect a modification of the rule by January 1, 2019, the Committee expects FMCSA to grant an additional extension of the compliance date long enough to accommodate an appropriate modification of the rule.

Wireless roadside inspection programs.--The Committee remains concerned about the FMCSA wireless roadside inspection program's impact on private sector innovation and motor carrier safety and operations. The Committee urges the Secretary to continue to monitor this program, as well as other commercially available systems and products, and to take steps to avoid any conflict with existing non-Federal electronic screening systems, duplication of commercially available software applications, overreach of existing authority, and failure to address privacy concerns.

30-minute rest period exemptions.--The 30-minute rest period appropriately seeks to protect safety by ensuring that drivers are not driving more than eight hours without a thirty- minute, non-driving rest period. FMCSA has granted a number of exemptions to these regulations without compromising safety in order to meet the needs of specific industries. Drivers that make multiple stops throughout the day and are working during those non-driving periods, including the loading and unloading of products to be delivered, are experiencing routine breaks from driving while performing on-duty activities. When evaluating exemption requests, the Committee encourages FMCSA to consider: (1) the safety benefits of making routine stops during the day, (2) the safety benefits of drivers remaining physically active during non-driving periods, and (3) the safety implications of adding additional vehicle miles operated to the road if exemptions are not granted.

Safety management system data sharing.--The Committee believes that, as important safety partners, motor carrier insurers should have the same access to safety management system (SMS) data as the motor carriers they insure. The Committee therefore urges FMCSA to implement appropriate credentialing that will allow insurers or potential insurers of motor carriers access to SMS data. The Committee believes that doing so will advance highway safety. The Committee urges the Department to provide for such access within the time frame specified in Sections 5221-5223 of the FAST Act for implementing improvements to the Compliance, Safety, Accountability Program and SMS, and restoring public access to previously available information.

Livestock and insect carriers.--FMCSA has been responsive to problems encountered by motor carriers attempting to comply with the hours-of-service (HOS) regulations while transporting live cargo. The requirement that drivers take a 30-minute break no later than eight hours after coming on duty is problematic for livestock which can become overheated and may sometimes die without the air flow provided by the motion of the truck. A 30- minute break also extends the time animals must spend on the vehicle which is unavoidably stressful. When approached for relief, FMCSA issued a 90-day waiver of the break requirement to get agricultural carriers through the heat of the summer months. The Agency followed up with a 1-year exemption, and because no adverse effects on highway safety were observed, it subsequently extended the exemption for an additional 2 years. Transporters of bee hives reported similar problems with the 30-minute break and FMCSA granted those carriers a 2-year exemption from the break requirement as well. Recognizing the significance of the problem identified by livestock and bee transporters (and other segments of the motor carrier industry), Congress enacted Sec. 5206(b)(1) of the Fixing America's Surface Transportation Act to make these existing HOS exemptions permanent.

Livestock transporters have also drawn attention to the FMCSA rule that limits driving time to 11 hours within a 14- hour window after the driver comes on duty. Although drivers transporting "agricultural commodities," including livestock, are exempt from the HOS regulations while operating within 150 air-miles of the source of such commodities, livestock haulers sometimes make deliveries well beyond the exempt zone. On these trips, they may exceed the 11- and 14-hour limits, even though their HOS "clock" does not start until they go beyond the 150 air-mile radius. The Committee directs FMCSA to balance the welfare of livestock and the risks of driver fatigue on trips beyond the exempt zone and to pay close attention to the special circumstances of agricultural transporters. FMCSA shall continue using its regulatory tools to grant relief that appropriately reconciles highway safety with the unique needs of these carriers and their living cargo.

Regulatory compliance burdens on small carriers.--Small and independent commercial freight carriers are the backbone of the trucking industry and several rulemakings advanced under the previous administration have placed an unusually heavy burden on this critical segment of the trucking industry. While the Committee acknowledges the importance of ensuring the safety of truckers and the rest of the driving public, new regulations must be implemented and enforced in a way that is mindful of the thousands of small businesses that bear the cost of compliance. For example, the Electronic Logging Device (ELD) mandate is projected to cost over $2,000,000,000 to implement making it one of the most expensive of all transportation rulemakings advanced under the previous administration. While large carriers already deploy similar technologies for fleet management, smaller carriers will disproportionately bear new costs associated with the mandate and with no compensating benefit to their bottom line.

The Committee is concerned by reports of serious complications associated with implementation. Many significant technological concerns remain unresolved, including certification of devices, connectivity problems in remote locations, cyber vulnerabilities, and the ability of law enforcement to access data. Further, there are several industries such as carriers of livestock, insects, and other agricultural products that operate under a complex array of HOS exemptions due to the nature of their business and concerns remain as to whether the technology can process these exemptions. As a consequence, many carriers have delayed purchase and installation of ELDs until they can be certain the technology will be compliant. The Committee directs FMCSA to review ELD manufacturers technology platforms to confirm that devices not only meet standards and specifications necessary for all affected industries and fleet sizes to be compliant but also provide a user interface that is reasonably easy to navigate.

In light of the heavy burden of this mandate, especially on small carriers, the Committee directs the Department to analyze whether a full or targeted delay in ELD implementation and enforcement would be appropriate and, if so, what options DOT has within its statutory authority to provide temporary regulatory relief until all ELD implementation challenges can be resolved. FMCSA shall provide a report on its findings to the House and Senate Committees on Appropriations within 60 days of enactment of this Act.

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(TABLE OMITTED)

FMCSA's motor carrier safety grants are used to support compliance reviews in the states, identify and apprehend traffic violators, conduct roadside inspections, and conduct safety audits of new entrant carriers. Additionally, grants are provided to states for improvement of state commercial driver's license oversight activities.

COMMITTEE RECOMMENDATION

The Committee recommends $374,800,000 in liquidating cash and a $474,800,000 limitation on obligations for these programs, in fiscal year 2018. The obligation limitation is $107,800,000 above the fiscal year 2017 enacted level and $100,000,000 above the budget request.

The Committee recommends the following obligation limitations for programs funded under this account:

Motor carrier safety assistance program.............. ($298,900,000)

High priority activities program..................... (43,100,000)

Commercial motor vehicle operator grants program..... (1,000,000)

Commercial driver's license program implementation program........................... (31,800,000)

Highly automated commercial vehicle research and development program................................. (100,000,000)

Highly automated commercial vehicle research and development program.--The Committee recognizes the rapid pace at which vehicle technology is developing, and is interested in validating the safety of these new technologies. As automated safety features continue to advance, it is imperative that DOT has a clear understanding of new technologies and related cybersecurity issues. Understanding how technology advances are evolving and converging will ensure that businesses, consumers, regulators, and other stakeholders are best able to navigate and implement new vehicle capabilities. To forward this understanding, the Committee recommendation provides $100,000,000 for a highly automated commercial vehicle research and development program dedicated to research and demonstrations of highly autonomous vehicle (HAV) technologies and advanced driver automation systems (ADAS). ADAS applications include forward collision warning, pedestrian/ cyclist collision warning, headway monitoring warning, lane departure warning, intelligent high beam control, and speed limit indicator systems.

No less than $11,000,000 shall be for direct expenditures on HAV research activities and related contracts and no less than $1,500,000 shall be for ADAS research activities and related contracts. All funded activities shall be administered in coordination with the National Highway Traffic Safety Administration (NHTSA) and shall supplement and not supplant NHTSA's vehicle safety research program including amounts provided for vehicle electronics and emerging technology under the NHTSA Operations and Research heading. The Committee expects the Secretary to coordinate research funding across the Department to deliver a holistic HAV/ADAS research plan that advances DOT's understanding of HAV and ADAS technologies in general and that benefits both commercial motor vehicle and light duty vehicle technology applications. In general, the Committee expects the Secretary to prioritize research initiatives that have the strongest potential to advance the safe deployment of HAV and ADAS technology and deliver the highest net benefits to road safety.

In addition to direct research and development activities, the Secretary shall solicit applications for autonomous vehicle project grants to test the feasibility of deployment through geographically contained demonstrations including but not limited to demonstrations of commercial freight corridors, commercial bus service, and ridesharing programs. In reviewing applications, the Secretary shall give priority to applicants that (1) evaluate HAV or ADAS technologies related to commercial motor vehicle and ridesharing applications, (2) include or are coordinated with research underway at designated automated vehicle proving grounds, (3) provide for the gathering and sharing of critical safety data with the government and other key stakeholders, or (4) evaluate HAV or ADAS applications that benefit transportation-challenged populations including the elderly, individuals with disabilities, and children.

ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

Section 130 subjects the funds appropriated in this Act to certain terms and conditions regarding Mexican-domiciled motor carriers.

Section 131 requires FMCSA to send notice of 49 CFR section 385.308 violations by certified mail, registered mail, or some other manner of delivery that records receipt of the notice by the persons responsible for the violations.

Section 132 prohibits funds from being used to enforce the requirements of section 31137 of title 49, or any regulation pursuant to such section, with respect to carriers transporting livestock or insects.

Section 133 prohibits funds from being used to amend, revise, or otherwise modify safety fitness determination regulations until certain conditions are met.

Section 134 clarifies the preemption of certain state and local laws and regulations by federal laws and regulations related to motor carriers, and makes such preemption retroactive to the date of enactment of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103-305).

National Highway Traffic Safety Administration

The National Highway Traffic Safety Administration (NHTSA) was established in March of 1970 to administer motor vehicle and highway safety programs. It was the successor agency to the National Highway Safety Bureau, which was housed in the Federal Highway Administration.

NHTSA's mission is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes through education, research, safety standards, and enforcement activity. To accomplish these goals, NHTSA establishes and enforces safety performance standards for motor vehicles and motor vehicle equipment, investigates safety defects in motor vehicles, and conducts research on driver behavior and traffic safety.

NHTSA provides grants and technical assistance to state and local governments to enable them to conduct effective local highway safety programs. Together with state and local partners, NHTSA works to reduce the threat of drunk, impaired, and distracted drivers, and to promote policies and devices with demonstrated safety benefits including helmets, child safety seats, airbags, and graduated licenses.

NHTSA establishes and ensures compliance with fuel economy standards, investigates odometer fraud, establishes and enforces vehicle anti-theft regulations, and provides consumer information on a variety of motor vehicle safety topics.

COMMITTEE RECOMMENDATION

The Committee recommends $926,704,000, which is $15,357,000 above the fiscal year 2017 enacted level and $27,565,000 above the budget request.

The following table summarizes the Committee's recommendations:

(TABLE OMITTED)

The Committee recommends funding levels that provide NHTSA with sufficient resources to continue its critical work improving the safety of passenger travel on the nation's highway system.

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(TABLE OMITTED)

The operations and research appropriations support research, demonstrations, technical assistance, and national leadership for highway safety programs. Many of these programs are conducted in partnership with state and local governments, the private sector, universities, research units, and various safety associations and organizations. These programs address alcohol and drug countermeasures, vehicle occupant protection, traffic law enforcement, emergency medical and trauma care systems, traffic records and licensing, traffic safety evaluations, motorcycle safety, pedestrian and bicycle safety, pupil transportation, distracted and drowsy driving, young and older driver safety programs, development of improved accident investigation procedures, and emerging technology and cybersecurity research including automated vehicles.

COMMITTEE RECOMMENDATION

The Committee recommends $329,075,000, which is $3,100,000 above the fiscal year 2017 enacted level and $27,565,000 above the budget request. Of this total, $180,075,000 is from the general fund for operations and vehicle safety research, and $149,000,000 is from the highway trust fund for operations and behavioral highway safety research. The recommendation includes amounts adequate to support prior year increases for safety defects investigation and vehicle electronics and emerging technologies.

Automated vehicles.--The auto industry is in the midst of a seismic technological shift that will revolutionize the transportation of people and goods in our lifetime. Connected and self-driving cars have the potential to dramatically reduce the more than 40,000 lives lost on our roads and highways every year and fundamentally transform transportation networks. In addition to reducing roadway fatalities, automated vehicle (AV) technology will drastically improve mobility options for the elderly, persons with disabilities, and other individuals who cannot obtain a drivers' license. The Committee also believes that it is critical the United States lead in the development and use of this life-saving technology, which is also being pursued by many countries around the world. The Committee recognizes the rapid pace at which AV technology is developing, and is interested in validating the safety of the new technology that would operate on our nation's roads.

The Committee is aware of the Department of Transportation's January 19, 2017 designation of ten AV proving ground pilot sites. The intent was to form an initial network of proving grounds focused on the advancement of AV technology. The Committee encourages DOT to support the development of these ten proving grounds and to promote the creation and sharing of best practices for the safe conduct of testing and operations, which will accelerate the pace of safe AV deployment. Several, highly-qualified sites were not included in the initial designation. Without a comprehensive network of experienced proving sites, the goal of establishing a community of practice to develop and share information around safe testing, demonstration, and deployment of AV technology may take much longer. Therefore, the Committee directs the Secretary to evaluate whether DOT should designate additional proving grounds among those that responded to and met the criteria listed in the Department's December 19, 2016 solicitation of proposals for designation and report to the Committee within 60 days after enactment of this Act on its findings.

The Committee continues to be concerned that the Department not create regulatory burdens to the safe development of AV technology and directs the Department to implement a streamlined application process for 49 CFR Part 555 exemption requests and grant or deny a request for exemption within 60 days. Furthermore, the Committee is encouraged by the Department's commitment to respond to interpretation requests of existing federal motor vehicle safety standards within an expedited timeline and encourages the Department to provide these responses within 30 days of submittal.

While there is great promise with the development of advanced driver automation systems (ADAS) technologies, including fully automated vehicles, there are many potentially unexpected consequences in driver cognition and the ultimate safety and success of the automation systems. The Committee is concerned that insufficient research has been conducted around the impact ADAS technologies will have on driver cognition, specifically driver fatigue and situational awareness. The Committee directs NHTSA to work collaboratively with industry and academia to conduct research on the relationship between driver automation technologies and cognitive response. Since several automation systems with near-term deployment opportunity are focused on commercial vehicles, the committee recommends this research focus initially on the trucking industry.

The transition to self-driving vehicles will take place over many years during which these vehicles will interact, and sometimes collide with, vehicles driven by humans. Our legal system has a vast amount of experience apportioning liability after auto accidents but that task could be made more difficult should access to data from AVs involved in accidents be limited. Automakers in both the United States and Europe have already taken some preliminary steps that evidence a desire to limit vehicle data access to third parties such as insurers. Vehicle data from highly automated vehicles must be made available to the parties involved, their insurers, and authorized representatives on reasonable terms. Failure to make that access available could delay compensation to accident victims and increase automobile insurance costs. The Committee urges the Department of Transportation to consider establishing guidelines that allow reasonable access to data for the parties that need such access.

Highway-rail grade crossing safety.--NHTSA has vast experience in addressing driver behaviors that threaten highway safety. Highway-rail grade crossings pose a major risk to highway safety and are an ongoing challenge for the safety community. Eliminating the most hazardous grade crossings will help reduce the risk to automobile and train passengers. The Committee urges NHTSA to work with states to target resources toward the most hazardous crossings. Additionally, increased public awareness will help educate drivers on the dangers of entering active highway-rail grade crossings. Therefore, the Committee recommends that up to $6,500,000 be used to support a high visibility enforcement paid-media campaign in the area of highway-rail grade crossing safety. The Committee directs NHTSA to coordinate these resources with the media on other highway safety campaigns, and to work collaboratively with the Federal Railroad Administration on the campaign's message development.

Crashworthiness research.--The Committee recognizes the importance that lightweight plastics and polymer composites play in meeting consumer demand for innovative vehicles, increased fuel efficiency, and improved automotive structural safety. At the same time, the Committee recognizes there has been an increase in vehicle crashes, injuries, and fatalities that could be mitigated in part by the safety capabilities of these lightweight materials. NHTSA is encouraged to prioritize research of updates to countermeasures in its frontal, side, rollover, front seatbacks and lower interior impacts for children and small adults, as well as pedestrian crashworthiness research, with an emphasis on vehicle light- weighting. NHTSA should leverage existing research being done by the Department of Transportation, the Department of Energy, and industry stakeholders in its development of safety-centered approaches for future lightweight automotive design.

Truck underride safety research.--The Committee notes that NHTSA's proposed rulemaking in December 2015 to update truck rear impact guard requirements cited 362 annual fatalities associated with light vehicle crashes into the rear of trucks. The Committee encourages NHTSA to move forward with this rulemaking and continue working with relevant experts and stakeholders, including researchers, engineers, safety advocates, and the trucking industry, to facilitate the deployment and adoption of rear and side underride protection devices.

Child hyperthermia prevention.--In prior years, the Committee has recognized the severe child safety crisis involving children left alone in motor vehicles that die of hyperthermia. The Committee has favorably cited the awareness programs conducted by NHTSA. In the 19 years since records have been maintained, more than 700 children, mostly three years old or younger, have died in this tragic way. While progress was made in 2014 and 2015, there were 39 deaths in 2016, and several children have died in early 2017. The Committee therefore directs NHTSA to continue its public education and outreach efforts on child hyperthermia prevention through a public call to action encouraging public messaging and the involvement of a broad coalition of organizations, government agencies, medical professionals, and others who regularly interact with parents and the public. The campaign should focus on parents and caregivers who transport children and encourage bystanders to take action when they see children left alone in cars. We urge that the campaign commence earlier in the year compared to prior campaigns. In addition to public awareness, the Committee urges NHTSA to continue to pursue technological solutions in coordination with industry that can serve as a reminder to parents to remove children from the rear seat prior to leaving their vehicle.

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(TABLE OMITTED)

The highway traffic safety state grant programs authorized under the FAST Act include: Highway Safety Programs, the National Priority Safety Program, and the High Visibility Enforcement Program.

These grant programs provide resources to states for highway safety programs that are data-driven and that meet states' most pressing highway safety problems. They are a critical asset in reducing highway traffic fatalities and injuries.

COMMITTEE RECOMMENDATION

The Committee recommends $597,629,000 in liquidating cash from the highway trust fund to pay outstanding obligations of the highway safety grant programs at the levels provided in this Act and prior appropriations Acts. The Committee also recommends limiting the obligations from the highway trust fund in fiscal year 2018 for the highway traffic safety grants programs to $597,629,000. These levels are $12,257,000 above the fiscal year 2017 enacted level and the same as the budget request. The recommendation includes $5,494,000 for the driver alcohol detection system for safety (DADSS) program, which funds in-vehicle alcohol detection device research.

The Committee recommends the following funding allocations for grant programs:

Highway safety programs (section 402)................. ($261,200,000)

National priority safety programs (section 405)....... (280,200,000)

High visibility enforcement program................... (29,900,000)

Administrative expenses............................... (26,329,000)

Drug recognition expert and advanced roadside impaired driving enforcement training.--The Committee is concerned about increasing rates of impaired driving, especially as additional states consider and adopt measures to decriminalize marijuana. The use of marijuana, other illicit drugs, and certain prescription drugs before or while driving is a critical public safety issue and the Committee has previously instructed the agency to conduct a study of marijuana-impaired driving to fulfill the requirement of the FAST Act. The Committee recognizes the importance of impaired driving countermeasures at the community level in protecting public safety, and encourages NHTSA to expand its efforts with law enforcement to increase awareness and use of Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training particularly in those states that have adopted recreational or medicinal marijuana laws. The Committee urges NHTSA to expand its efforts to increase awareness and use among law enforcement of DRE and ARIDE training.

Driver alcohol detection system for safety (DADSS).--The FAST Act includes a total of $21,248,000 through fiscal year 2020 for the ongoing advanced drunk driving detection technology program known as DADSS. The DADSS program is an ambitious public-private research effort to develop a publicly- acceptable and commercially-viable technology that will prevent a drunk driver (at or over .08 BAC) from operating a vehicle. Technology development progress to date was demonstrated at DOT headquarters in June 2015. The accompanying bill includes $5,494,000 for fiscal year 2018. In light of the significant life-saving potential of the program, approximately 7,000 lives annually, the Committee urges NHTSA to take steps to accelerate the program, including additional support from the auto industry partners in this activity.

Safety promotional materials.--For the purpose of federal grants administered by NHTSA, safety equipment purchased for traffic safety educational trainings, such as child car seats, bicycle helmets and lights, and reflective vests, shall not be considered promotional materials or memorabilia.

ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

Section 140 provides limited funding for travel and related expenses associated with state management reviews and highway safety core competency development training.

Section 141 exempts from the current fiscal year's obligation limitation any obligation authority that was made available in previous public laws.

Section 142 prohibits funding for the national roadside survey.

Section 143 prohibits funds from being used to mandate global positioning system tracking without providing full and appropriate consideration of privacy concerns under 5 U.S.C. Chapter 5, subchapter II.

Federal Railroad Administration

The Federal Railroad Administration (FRA) was established by the Department of Transportation Act, on October 15, 1966. The FRA plans, develops, and administers programs and regulations to promote the safe operation of freight and passenger rail transportation in the United States. The U.S. railroad system consists of over 650 railroads with 200,000 freight employees, 171,000 miles of track, and 1.35 million freight cars. In addition, the FRA continues to oversee grants to the National Railroad Passenger Corporation (Amtrak) with the goal of assisting Amtrak with improvements to its passenger service and physical infrastructure.

SAFETY AND OPERATIONS

Appropriation, fiscal year 2017....................... $218,298,000

Budget request, fiscal year 2018...................... 199,000,000

Recommended in the bill............................... 218,298,000

Bill compared with:

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

Budget request, fiscal year 2018.................. +19,298,000

The safety and operations account provides funding for FRA's safety program activities related to passenger and freight railroads. Funding also supports salaries and expenses and other operating costs related to FRA staff and programs.

COMMITTEE RECOMMENDATION

The Committee recommends $218,298,000 for safety and operations, which is equal to the fiscal year 2017 enacted level and $19,298,000 above the budget request. Of the amount provided under this heading, $15,900,000 is available until expended. The recommended level fully funds personnel, and does not provide additional positions in fiscal year 2018.

Railroad safety information system (RSIS).--The recommendation includes a total of $4,800,000 for RSIS, an increase of $500,000 from the fiscal year 2017 enacted level and $1,100,000 from the request. This funding level will increase the capabilities of FRA's principal repository of safety data, and will allow FRA to enforce safety regulations that have data collection and management requirements. The Committee directs FRA to develop a user-friendly front-end interface to access its data systems.

Automated track inspection program (ATIP).--The Committee's recommendation includes $16,500,000 for ATIP, an increase of $960,000 from the fiscal year 2017 enacted level, and $7,023,000 from the request. ATIP uses track geometry measurement vehicles to automatically measure track conditions. These vehicles supplement the work of FRA's inspectors to ensure railroads are compliant with the FRA Track Safety Standards. The funding will allow inspection of additional miles of track.

Safe transportation of energy products.--The Committee includes funding for FRA's safe transport of energy products programs. The program includes funding for crude oil safety inspectors, safety route managers and tank car quality assurance specialists, tank car research and increased mileage of ATIP on routes that carry energy produces.

Positive train control (PTC).--The Committee provides $6,600,000 for the PTC support program, equal to the fiscal year 2017 enacted level, and $3,600,000 above the request. This funding level reflects that FRA needs to review 30 additional PTC plans.

Confidential close call (C3RS).--C3RS provides insights about precursor behavior that may lead to human-factor-caused accidents, which account for about one-third of rail accidents. The recommendation includes $3,500,000, $600,000 above the fiscal year 2017 enacted level and the request. The increase will allow FRA to increase the number of reports it analyzes to identify trends. Currently, eight railroads and 17 Peer Review Teams are participating, and several additional railroads are considering participation in the C3RS program. The Committee directs FRA to explore ways to increase participation with railroad employees, whether or not the company has signed an IMOU. Increased participation will make it more difficult to determine which railroad was subject to a report. This confidentiality concern has prevented NASA from making the C3RS data accessible to FRA and the public, preventing further analysis and use in enforcement and outreach initiatives. Further, the Committee directs FRA to explore a model that would allow the public sector to pay into the program, and provide an update on these initiatives 120 days after enactment of this Act.

Trespasser Prevention.--Trespasser fatalities (not including suicides) represent nearly half of all rail operation related fatalities in the U.S., and the numbers are increasing. Since 2011 trespasser fatalities have increased by 23 percent and trespasser injuries have increased by 33 percent. Trespasser accidents take a high toll on the individuals who are killed or injured, their families, and communities, as well as on the railroad employees who witness these tragic events first hand. Some engineers and conductors involved in trespasser accidents are so affected by these tragedies that they are unable to continue their railroad careers. Therefore, the Committee directs FRA to identify and study the causal factors that lead to trespassing incidents on railroad property and develop a national strategy to prevent trespasser accidents, including milestones, timelines, and metrics to define success. The Committee directs FRA to submit the trespassing prevention strategy to the House and Senate Committees on Appropriation no later than August 1, 2018. The Committee expects FRA to implement the national strategy to prevent trespasser accidents within the recommended timelines.

Bridge support program.--FRA developed a bridge inventory database and a bridge management plan review risk model. The Committee provides $600,000, an increase of $400,000 above the request, to further modify the risk model and update the bridge inventory.

The Committee looks forward to receiving studies on standards and protocols to facilitate a passenger and freight rail line at international land crossings between the United States and Mexico; and efforts to harmonize regulations and address congestion at international rail crossings per the recommendations made in the recent GAO report.

RAILROAD RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2017....................... $40,100,000

Budget request, fiscal year 2018...................... 39,100,000

Recommended in the bill............................... 40,100,000

Bill compared with:

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

Budget request, fiscal year 2018.................. +1,000,000

The railroad research and development program provides science and technology support for FRA's policy and regulatory efforts. The program's objectives are to reduce the frequency and severity of railroad accidents through scientific advancement, and to support technological innovations in conventional and high speed railroads.

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $40,100,000 for railroad research and development, which is equal to the fiscal year 2017 enacted level and $1,000,000 more than the budget request.

Safe transportation of energy products (STEP).--The Committee provides $2,000,000 for FRA to research and mitigate risks associated with frequent and large volume rail transport of crude oil.

Short-line safety.--The Committee's recommendation includes $2,000,000 to improve safety practices and safety training for Class II and Class III freight railroads. This supports FRA's initiative to partner with short-line and regional railroads to build a stronger, sustainable safety culture in this segment of the rail industry. The initiative will support safety compliance assessments and training on short lines that transport crude oil.

Intelligent railroad systems.--The Committee's recommendation includes $1,000,000 to facilitate research with universities on intelligent railroad systems.

System safety and risk reduction programs.--The Committee recognizes that continued investments in critical rail infrastructure programs will make our rails, railcars, and trains safer for all who use them. Therefore, the Committee urges FRA to prioritize investments in the development of technologies designed to verify the functional performance of complex electronic systems such as: positive train control, electronically controlled pneumatic brakes, automated train control, passenger door control, train communications, train environmental control, and railcar signs. In addition, the FRA should work with industry to develop standardized performance verification and diagnostics for such systems.

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Railroad Rehabilitation and Improvement Financing (RRIF) program was established by Public Law 109 178 to provide direct loans and loan guarantees 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. No Federal appropriation is required to implement this program.

The Committee continues bill language specifying that no new direct loans or loan guarantee commitments may be made using Federal funds for the payment of any credit premium amount during fiscal year 2018, except for Federal funds awarded in accordance with section 3028(c) of Public Law 114- 94. The Committee directs GAO to report on the efficacy of and implications to the RRIF program and communities of allowing Federal funds to serve as the credit risk premium for RRIF loans, and what type of Federal funds would likely be used for this purpose.

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR

Appropriation, fiscal year 2017....................... $25,000,000

Budget request, fiscal year 2018...................... 25,945,000

Recommended in the bill............................... 500,000,000

Bill compared with:

Appropriation, fiscal year 2017................... +475,000,000

Budget request, fiscal year 2018.................. +474,055,000

The FAST Act authorized the federal-state partnership for state of good repair under section 11302. The purpose of these grants is to reduce the state of good repair backlog on publically-owned or Amtrak-owned infrastructure, equipment, and facilities. Eligible activities include capital projects to (1) replace existing assets in-kind or with assets that increase capacity or service levels, (2) ensure that service can be maintained while existing assets are brought into a state of good repair, (3) bring existing assets into a state of good repair.

COMMITTEE RECOMMENDATION

The Committee recommends $500,000,000 for the federal-state partnership for state of good repair grants, $475,000,000 more than the fiscal year 2017 enacted level and $474,055,000 more than the budget request.

According to the NEC Commission's most recent capital investment plan, the Northeast Corridor has a $38,000,000,000 state of good repair backlog covering the various assets of the NEC which must be replaced and modernized simply to sustain current rail services. This backlog must be addressed as soon as possible, and it is critical that the FRA help advance projects that are ready to utilize federal investment. Therefore, the Committee directs FRA to first give preference to eligible projects that have complete environmental impact statements and final design or that address major critical assets which have conditions that pose a substantial risk now or in the future to the reliability of train service before considering other factors.

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

Appropriation, fiscal year 2017....................... $68,000,000

Budget request, fiscal year 2018...................... 25,000,000

Recommended in the bill............................... 25,000,000

Bill compared with:

Appropriation, fiscal year 2017................... -43,000,000

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

Authorized under Section 11301 of the FAST Act, the purpose of the consolidated rail infrastructure and safety improvement (CRISI) grants is to improve the safety, efficiency, and reliability of passenger and freight rail systems. Eligible activities include a wide range of capital, regional and corridor planning, environmental analyses, research, workforce development, and training projects.

COMMITTEE RECOMMENDATION

The Committee recommends $25,000,000 for CRISI grants, $43,000,000 less than the fiscal year 2017 enacted level and equal to the budget request. The Committee recognizes that communities with high-volume international inland ports on the U.S.-Mexico border face unique transportation challenges caused by international trade. The Committee encourages the agency to consider the impacts of these freight movements, including traffic, highway-rail grade crossings, congestion and safety when awarding grants.

The Committee is encouraged by the efforts of commuter railroads to develop and implement PTC. While the technological and financial hurdles can be formidable, PTC is a lifesaving technology that enjoys broad support across the nation. The Committee encourages the Department to make certification a priority and to provide the necessary technical assistance to commuter railroads as they move toward full implementation.

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)

Amtrak, created as a for-profit business in 1970, operates trains on over 20,000 miles of track owned by freight railroad carries, and over 654 miles of its own track, most of which is on the Northeast Corridor (NEC) from Washington, D.C., to Boston, Massachusetts. Amtrak operates both electrified trains, which can achieve speeds of up to 150 mph on the highest quality track on the NEC, and diesel locomotives, which currently can achieve speeds between 74 to 110 miles per hour.

The FAST Act authorizes funds for Amtrak through 2020 under a new structure that includes two lines of businesses, the Northeast Corridor (NEC) that runs from Boston to Washington, D.C.; and the National Network, which encompasses Amtrak's state-supported and long-distance routes, as well as other non- NEC activities. The account structure, when combined with new planning and reporting requirements on Amtrak's business lines and asset categories, significantly improves the transparency of Amtrak funding and the delivery of its services. The Committee recommends $1,428,000,000 for Amtrak, $67,000,000 below the fiscal year 2017 enacted level and $668,000,000 above the request. The Committee provides funding consistent with the authorized structure.

Congressional budget justification.--The Committee appreciates the level of detail in the fiscal year 2018 budget justification and directs Amtrak to submit justification with a similar level of detail for fiscal year 2019.

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

Appropriation, fiscal year 2017....................... $328,000,000

Budget request, fiscal year 2018...................... 235,000,000

Recommended in the bill............................... 328,000,000

Bill compared with:

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

Budget request, fiscal year 2018.................. + 93,000,000

The Committee recommends $328,000,000 for grants to the Northeast Corridor for operating and capital purposes, which is equal to the fiscal year 2017 enacted level and $93,000,000 above the request. In addition to these funds, the Northeast Corridor retains its operating profits for use on the corridor. This funding level provides $5,000,000 to the Northeast Corridor Commission established under section 24905 of title 49, United States Code. The Committee directs Amtrak to prioritize eligible projects that have complete environmental impact statements and final design or that address major critical assets which have conditions that pose a substantial risk now or in the future to the reliability of train service.

NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

Appropriation, fiscal year 2017....................... $1,167,000,000

Budget request, fiscal year 2018...................... 525,000,000

Recommended in the bill............................... 1,100,000,000

Bill compared with:

Appropriation, fiscal year 2017................... -67,000,000

Budget request, fiscal year 2018.................. + 575,000,000

The Committee recommends $1,100,000,000 for national network grants to Amtrak, which is $67,000,000 below the fiscal year 2017 enacted level and $575,000,000 above the request. These funds subsidize operating and capital losses on all of Amtrak's existing long-distance routes, state-supported routes, as well as other non-NEC activities. The FAST Act allows Amtrak to transfer operating profits from the Northeast Corridor to this appropriation under certain conditions.

ADMINISTRATIVE PROVISIONS

Section 150. The Committee continues a provision that limits overtime to $35,000 per employee, allows Amtrak's president to waive this restriction for specific employees for safety or operational efficiency reasons, and requires notification to the House and Senate Committees on Appropriations within 30 days of granting such waivers. It also requires Amtrak to submit an annual report summarizing overtime payments incurred by the Corporation for calendar year 2017 and the prior three years. The summary shall include total number of employees that received waivers, total overtime payments paid to employees receiving waivers for each month for 2017 and the prior three calendar years.

Section 151. The Committee includes a provision prohibiting funds from being used for high speed rail in California.

Section 152. The Committee includes a provision prohibiting the Surface Transportation Board from taking action with respect to the construction of high speed rail in California unless the Board has jurisdiction over the entire project.

Continues with Part 4 of 8

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