Amendments Filed to FY20 Transportation Appropriations with the House Rules Committee

Amendments Filed to FY20 Transportation Appropriations with the House Rules Committee

June 13, 2019  | Jeff Davis

June 14, 2019 (updated through June 17, 8:15 p.m. to reflect amendments added/updated since mid-afternoon June 14).

Pursuant to the House Rules Committee’s announcement that it will meet next week to consider a second five-bill “minibus” appropriations package and that this one will include the Transportation-HUD bill for fiscal 2020, the committee required members who want a chance to offer amendments on the House floor to submit their amendments by 11 a.m. yesterday. ETW is summarizing the transportation-related amendments below. (Not the HUD-specific amendments.)

Click on the sponsor name for amendment text. All page and line numbers refer to this version of the text of the minibus legislation, of which the Transportation-HUD bill is Division E. References to “the bill” below are to Division E. We are not bothering to write up amendments that propose across-the-board funding cuts, since those amendments never passed even under a Republican majority and are therefore not going to pass under a Democratic majority.

(Some amendments may have been filed late and will be posted online later, and some amendments are revised by their sponsors after submission, so feel free to check this page again later.)

Wexton (VA) #1REVISED – increases funding for FAA Facilities and Equipment by $7 million and then immediately cancels that increase, which the amendment sponsor says is to to continue the Remote Tower Pilot Program.

Garcia (IL) #2REVISED – within the FTA Technical Assistance and Training appropriation, increases the set-aside for the frontline workforce development study by $1 million and then immediately cancels that increase, which the amendment sponsor says is to urge FTA to prioritize programs for front line bus and rail transit workers.

LaMalfa (CA) #3 – adds a new section preventing any FY 2020 funding from being used for high-speed rail in California unless the Secretary certifies “that the State of California has adequately reimbursed private landowners whose property was acquired by the State by order of possession by the Superior Court for the purposes of a high-speed rail project.” (See this June 10 Los Angeles Times article for details on property seizure payment delays.)

Chabot (OH) #5 – increases the appropriation for BUILD grants in the Office of the Secretary by $100 million (to $1.1 million), offset by a $50 million reduction in the appropriation for Amtrak National Network grants and a $50 million reduction in the appropriation for general fund Transit Infrastructure Grants (to be taken out of the supplemental state of good repair grant funding within that appropriation).

Budd (NC) #7 – adds a new section preventing DOT or HUD, during FY 2020, from implementing or enforcing Executive Order 13502, which currently requires the use of project labor agreements.

DeFazio (OR) #9REVISED – adds a new section preventing DOT, during FY 2020, from carrying out section 4(b) of Executive Order 13868 or to issue a special permit under 49 CFR 107.105 that allows liquified natural gas to move by rail tank car.

Huffman (CA) #10 – adds a new section preventing FHWA, during FY 2020, from implementing, administering or enforcing its policy stated in 23CFR668.105(h), which currently requires all emergency relief projects to reach the construction obligation stage by the end of the second fiscal year following the disaster occurrence.

Pence (IN) #12 –strikes section 135 of the bill, which currently prohibits DOT, during FY 2020, from promulgating or enforcing a rule to eliminate the 30 minute meal/rest break for truckers specified in part 395 of title 49 CFR.

Burchett (TN) #14REVISED – increases the general fund appropriation for federal-aid highways by $12 million (all of which goes to the set-aside for STBGP, hazard elimination, grade crossings and charging/EV infrastructure) and reduces the appropriation for Office of the Secretary – Salaries and Expenses by the same amount.

Walker (NC) #18 – adds a new section prohibiting any FY 2020 funding in the bill from being used for any transportation project in a “sanctuary jurisdiction” that does not cooperate with federal immigration authorities.

Schrier (WA) #19 – reduces the appropriation for NHTSA Operations and Research by $1 million and then immediately restores the funding, which the amendment sponsor says is to support state efforts aimed at reducing distracted driving, properly securing vehicle loads, and other highways safety programs.

Garcia (IL) #21 – adds a new section prohibiting any FY 2020 funding in the bill from being used for the implementation or furtherance of new policies detailed in the ‘‘Dear Colleague’’ letter distributed by the Federal Transit Administration to capital investment grant program project sponsors on June 29, 2018. (Identical to sec. 165 of the FY 2019 Act.)

Escobar (TX) #22REVISED – increases the Airport Improvement Program set-aside for Small Community Air Service Development by $5 million and then immediately cancels the increase.

Escobar (TX) #23REVISED – increases the BUILD grant set-aside for planning grants in areas of persistent poverty by $5 million and then immediately cancels the increase.

Rice (NY) #24 – increases the appropriation for FAA Research, Engineering and Development and then immediately cancels the increase, which the amendment sponsor says is to support the research and development of aircraft technologies that reduce aviation noise.

Rouda (CA) #28 – adds a new section preventing any FY 2020 funding in the bill from being used “to directly increase booking services for charter flights, jet card programs, and any other on-demand charter flights.”

Takano (CA) #29 – adds a new section preventing any FY 2020 funding in the bill from being used by Amtrak in contravention of the Worker Adjustment and4 Retraining Notification Act.

Porter (CA) #30 – increases the appropriation of general fund highway money and the set-aside for STBGP and other formula items by $10 million and reduces Office of the Secretary – Salaries and Expenses by the same amount. The amendment sponsor says this is for additional EV and hydrogen fuel charging station infrastructure.

Langevin (RI) #31 – reduces the appropriation for Office of the Secretary – Research and Technology by $800 thousand and increases the independent Access Board appropriation in title III of the bill by the same amount, which the amendment sponsor says is to fund the study of in-cabin wheelchair restraint systems as described in the FAA Reauthorization Act of 2018.

Krishnamoorthi (IL) #32 – prevents any funding in the bill from being used in contravention of 5 CFR 2635.702, which prohibits the use of public office for private gain.

Foster (IL) #33 – reduces the appropriation for BUILD grants by one dollar, then instantly restores the cut, which the amendment sponsor says is to “highlight the disparity between State apportionments.”

LaMalfa (CA) #35 – strikes section 192 of the bill, which bans FY 2020 funding for being used to terminate grants agreements or deobligate or “claw back” funding previously given to the California High Speed Rail Authority. (Identical to Perry amendment #53, below.)

Lipinski (IL) #36 – makes preventive maintenance activities under 49 U.S.C. §5302(3)(E) eligible for CRISI grant funding under 49 U.S.C. §22907(c)(1).

Lipinski (IL) #38 – REVISED – increases the bill’s appropriation for the FRA CRISI grant program by $1 million and then instantly cancels the increase, which the amendment sponsor says is to instruct FRA to include preventive maintenance as an eligible capital expense for grants awarded to projects deploying Positive Train Control (PTC).

Bera (CA) #41REVISED – increases the bill’s general fund appropriation for low-no emission bus funding (part of the overall GF transit formula grant supplement) by $2 million (increasing the low-no set-aside from $94 million to $96 million, and thus the overall appropriation from $750 million to $752 million), offset by a $2 million cut in Office of the Secretary – Salaries and Expenses.

Phillips (MN) #42 – decreases the appropriation for FTA Capital Investment Grants by $1 million and then immediately restores the funding, which the amendment sponsor says is to “invest in critical transit projects.”

Blumenauer (OR) #43 – prohibits any FY 2020 funding provided by the bill from being used “to pay the salary of any officer or employee of the Department of Transportation who serves as an intermediary between the Department of Transportation, members of Congress, and an individual State for purposes of providing preferential treatment or unique access for projects within such State that is not accessible to every State.”

Perlmutter (CO) #44 – adds a new section of the bill to force FRA to give back the credit risk premium, plus accrued interest, to the borrowers of federal RRIF loans once they have repaid all the principal and interest on the loan itself (of particular interest to Denver Union Station). However, the amendment also sets aside $60 million of new federal-aid highway contract authority and obligation limitation for the TIFIA program to pay for any such RRIF program credit subsidy repayments. 

DeSaulnier (CA) #46REVISED – decreases the appropriation for Office of the Secretary – Research and Technology by $2 million and then immediately restores the cut, which the amendment sponsor says is to support a study on the impacts climate change has already had and will continue to have on all modes of transportation.

Burgess (TX) #47 – reduces the appropriation for the discretionary portion of Essential Air Service subsidies by $50 million, from the $175 million in the bill to the $125 million requested by the Administration.

Grothman (WI) #48 – adds a new section preventing DOT, during FY 2020, from enforcing any regulation issued pursuant to 49 U.S.C. 31137(a) that requires a commercial vehicle to be equipped with an electronic logging device (such as the current rule mandated by the MAP-21 law and now in effect).

Perry (PA) #49 – adds a new section preventing any FY 2020 funding in the bill from being used for the purchase, installation, maintenance, or operation of electric vehicle charging stations.

Perry (PA) #50 – strikes section 145 of the bill, which currently prevents EPA from finalizing or enforcing the proposed CAFE standard rule published in August 2018 at 83 FR 42986.

Perry (PA) #51 – strikes section 164 of the bill, which currently does four things: (a) suspends the Rostenkowski Test funding reduction of Mass Transit Account funding, (b) prevents FTA from requiring any CIG project from having a CIG contribution below 50 percent, (c) prevents FTA from determining a maximum CIG share of a project until it has been in Engineering for at least 100 days, and (d) prevents FTA from requiring a CIG project have a greater than 50 percent likelihood of being completed within its cost estimate.

Perry (PA) #52 – adds a new section preventing NHTSA or FMCSA, during FY 2020, from finalizing the proposed speed limiting device rule published in 2016 at 81 FR 61291.

Perry (PA) #53 – strikes section 192 of the bill, which currently bans FY 2020 funding for being used to terminate grants agreements or deobligate or “claw back” funding previously given to the California High Speed Rail Authority. (Identical to LaMalfa amendment #35, above.)

Davis (IL) #54 – strikes section 133 of the bill, which currently preempts DOT from using any federal funds whatsoever to review and issue a decision on a petition to prompt state laws on meal and rest breaks for truckers.

Gabbard (HI) #55 – waives the prohibition in the bill against new Essential Air Service contracts for communities located less than 40 miles from the nearest small hub airport for airports outside the contiguous 48 states.

Doggett (TX) #57 – within the FAA Operations account, the amendment transfers $7.5 million from the Finance and Management Activities PPA to the Aviation Safety PPA.

Garcia (IL) #59 – within the BUILD grant appropriation, increases the minimum set-aside for planning grants for transit, transit-oriented development and multimodal projects from $15 million to $20 million.

Speier (CA) #61 – adds a new section prohibiting the FAA during FY 2020 from enforcing sections 47107, 47524, or 47526 of title 49, United States Code, or part 161 of title 14, Code of Federal Regulations, with respect to any prohibition or limitation on the establishment of a noise or access restriction by the San Francisco International  Airport.

Gibbs (OH) #62 – strikes section 134 of the bill, which presently would require FMCSA to ignore the non-disclosure provisions of the FAST Act and post its analysis of violations under the CSA program by motor carriers on a public website.

Clarke (NY) #66 – prevents any FY 2020 funds made available by the bill from being used to acquire video surveillance equipment from companies based within the People’s Republic of China or the Russian Federation.

Miller (WV) #68 – within the appropriation for NHTSA Operations and Research, sets aside $1 million to establish a drugged driving prevention pilot program to create, and study the effects of, a public marketing campaign to raise awareness on driving while under the influence of prescription and over-the-counter medications.

Brown (MD) #69 – prevents DOT from using any FY 2020 funds provided by the bill to issue a record of decision for an environmental impact statement for the I–495 and I–270 Managed Lanes Study, Montgomery and Prince George’s Counties, Maryland and Fairfax County, Virginia.

Gosar (AZ) #70 – prevents any FY 2020 funding provided by the bill from being used to award a contract for services to train any employee of an Executive agency to learn how to support or defeat legislation pending before Congress.

Walberg (MI) #71 — prevents NHTSA from using any FY 2020 funds provided by the bill for activities intended to encourage states to adopt legislation, regulations, policies, directives or guidance to profile motorcycle riders, nor shall such funds be used by States to implement any activity with the primary intent of profiling motorcycle riders.

Malinowski (NJ) #72 – provides that no funding in the bill can be used in contravention of 49 U.S.C. §5309(d)(2), regarding advancement of Capital Investment Grant projects from the project development phase to the engineering phase.

Malinowski (NJ) #73REVISED – within the bill’s $750 million appropriation for Transit Infrastructure Grants, increases the set-aside for low-emission and no-emission buses by $6 million and offsets the funding by a $6 million reductions in both the competitive bus grant program set-aside.

Malinowski (NJ) #74 – reduces the PHMSA Pipeline Safety appropriation by $1 million and then immediately restores the cut, which the amendment sponsor says is to enhance PHMSA’s Community Liaison Services’ ability to respond to pipeline-related inquiries from community members.

Malinowski (NJ) #75 – increases the appropriation for the USDOT Inspector General by $1 million, offset by a $1 million reduction in the appropriation for Office of the Secretary – Salaries and Expenses. (Identical to Jayapal #83, below.)

Raskin (MD) #76 – prevents DOT from using any FY 2020 funding provided by the bill “to implement new flight path procedures RNAV SID (HOLTB) and RNAV (GPS) R19 procedure as outlined in the Federal Aviation Administration’s May 23, 2019 presentation” which the amendment sponsor says means proposed flight path changes for incoming and outgoing planes on Runway 19 at Washington Reagan National Airport.

Smith (NJ) #77 – adds a new division to the bill directing HHS to determine whether or not existing drug testing protocols need to be revised to add methadone specifically, as well as any other Schedule I or II drugs, and if so, forcing DOT to then update its drug testing protocol for transportation workers.

Jayapal (WA) #81 – prevents DOT from rejecting any FY 2020 BUILD grant applicant “because the applicant proposes to use previously incurred costs or previously expended or encumbered funds for the non-Federal funding requirement for a project.”

Jayapal (WA) #82REVISED – reduces the obligation limitation on the Airport Improvement Program by $2 million and then immediately restores the cut, which the amendment sponsor says is intended to demonstrate support for the need for additional funds toward airplane noise mitigation for communities.

Jayapal (WA) #83 – increases the appropriation for the USDOT Inspector General by $1 million, offset by a $1 million reduction in the appropriation for Office of the Secretary – Salaries and Expenses. (Identical to Malinowski #75, above.)

Plaskett (VI) #87 – in the bill, both the BUILD grant program and the Transit Infrastructure Grant appropriation have set-asides for “areas of persistent poverty,” and this amendment clarifies that areas in U.S. territories and possessions are eligible for such funding.

Keating (MA) #88 REVISED – reduces the appropriation for Office of the Secretary – Salaries and Expenses by $5 million and then immediately restores the reduction, which the amendment sponsor says is to demonstrate support for the design of projects to replace federally owned bridge infrastructure that is designated as an evacuation route.

Balderson (OH) #89 – within the appropriation for Office of the Secretary – Research and Technology, sets aside $2 million specifically for the Volpe National Transportation Systems Center’s Forces to Flyers Initiative.

Craig (MN) #94 – increases the appropriation for FAA Research, Engineering and Development by $1.5 million and then immediately cancels the increase, which the amendment sponsor says is o address the concerns of communities affected by aircraft noise to urge the FAA to respond fully and completely to the requirements in the FAA Reauthorization Act pertaining to noise reduction.

Spano (FL) #96REVISED – increases the appropriation for FAA Operations by $8.1 million, and within that appropriation dedicates the increase to the Commercial Space Transportation PPA, offset with an $8.1 million cut in the FAA Research, Engineering and Development appropriation.

Sewell (AL) #99 – increases the appropriation for Office of the Secretary – Salaries and Expenses by one dollar and then immediately cancels the increase, which the amendment sponsor says is to instruct the Department to prioritize funding and resources for the modernization and expansion of non-emergency medical transportation programs.

Adams (NC) #100REVISED – increases the appropriation for FAA Facilities and Equipment by $2 million, with a corresponding reduction in the appropriation for Office of the Secretary – Research and Technology, which the amendment sponsor says is for increasing availability of funds for replacing Terminal Air Traffic Control Facilities

Jackson Lee (TX) #103REVISED – decreases the appropriation for BUILD grants by $10 million and then immediately restores the reduction.

Pressley (MA) #105 – decreases the appropriation for BUILD grants by $1 million and then immediately restores the reduction, which the amendment sponsor says is to reinforce the importance of robust investments in safe, reliant and efficient transit options including commuter rails, subway, buses, bike and pedestrian paths.

Carbahal (CA) #106 – increases funding for the resiliency study in section 105 of the bill by $500 thousand and then immediately cancels the increase.

Maloney (NY) #107 – decreases the appropriation for Office of the Secretary – Transportation Planning, Research and Development by $1 million and then immediately restores the reduction, which the amendment sponsor says is to encourage DOT to research implementing connected vehicle and autonomous vehicle technologies at Highway-Rail Grade Crossings.

Gibbs (OH) #108 – adds a new section amending 49 U.S.C. §32901 so that, in (a)(3), “automobile” not only means a 4-wheeled vehicle but would now also mean a 3-wheeled vehicle, defined as “a passenger vehicle with 3 wheels, a fully enclosed occupant compartment, airbag protection, and a steering wheel.” (Those 3-wheeled vehicles are currently regulated as motorcycles.)

Meadows (NC) #109 – increases the set-aside in Office of the Secretary – Salaries and Expenses for the Office of the Deputy Secretary by $1 million and then immediately cancels the increase, which the amendment sponsor says is to study economic authority certification to facilitate the operation of U.S.-based unmanned aircraft manufacturers and operators who receive venture capital and who carry cargo within U.S. airspace.

Norton (DC) #110 – reduces the appropriation for FAA Operations by one dollar and then instantly restores the cut, which the amendment sponsor says is to urge the FAA to prioritize efforts to combat airplane and helicopter noise.

Norton (DC) #111 – adds a new section immediately after the $150 million appropriation to FTA for grants to WMATA that would cut off WMATA from all of that $150 million if WMATA awards any contract or subcontract for the procurement of rail rolling stock with a rail rolling stock manufacturer that is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in the People’s Republic of China.

Finkenauer (IA) #112 – increases the appropriation for the National Surface Transportation and Innovative Finance Bureau by $1 million, with a corresponding cut in Office of the Secretary – Salaries and Expenses, which the amendment sponsor says it to ensure rural communities can get technical assistance when seeking federal transportation infrastructure financing opportunities.

Bost (IL) #113 – adds a new section prohibiting any DOT or HUD funds provided by the bill from being used in contravention of Executive Order 13858 (President Trump’s January 2010 order strengthening Buy America preferences). 

Garcia (IL) #115 – sets aside $10 million of FY 2020 FRA CRISI grant money for grants to Amtrak to evaluate and improve track, ventilation, and signal systems – provided, that no funds shall be used for cross-subsidization of commuter rail passenger, intercity rail passenger, or freight rail transportation.

Jackson Lee (TX) #120REVISED – adds a new section providing that no FY 2020 BUILD grant funding can be used in violation of 54 U.S.C. §306108, a code citation which apparently does not exist.

Woodall (GA) #121 – strikes section 193 of the bill, which currently amends 23 U.S.C. §603(b) to state that the proceeds of a secured loan under the TIFIA program shall be considered to be part of the non-Federal share of project costs required under this title or chapter 53 of title 49, if the loan is repayable from non-Federal funds.

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