Live Coverage of the T&I Mark-up of BUILD America 250
AAAAAAnd that’s all folks. At around 1 a.m., the string of 42 straight roll call votes on amendments came to an end, and the question was called on agreeing to the bill (H.R. 8870) as amended. The ayes prevailed on a voice vote, but Rick Larsen asked for a roll call, which was 62 yeas to 2 nays, with three absentees. (The two “no” votes were Scott Perry (R-PA) and Jerrold Nadler (D-NY), and the three absentees were Thomas Massie (R-KY), who was absent all day, and John Garamendi (D-CA) and Frederica Wilson (D-FL), neither of whom came back from dinner.
That was 13 hours of solid markup spread over 15 hours, with only that two-hour break for House floor votes from 4:30 p.m. to 6:30 p.m. Again, one cannot emphasize enough how much faster the votes go with the electronic voting system. The downside is that the ease of an electronic vote probably makes members more likely to request a recorded vote, since they don’t feel that their colleagues will commit violence against them in the wee hours of the morning for keeping them there an extra incremental amount of time. (JD)
12:07 a.m. Update: Last amendments, and now it’s time to vote
Hoyle (D-OR) #064_Rev1 making bus rapid transit projects TIFIA-eligible. Graves supports the amendment, and it is agreed to by voice vote.
Moulton (D-MA) #079 designating Boston North Station as part of the Northeast Corridor. Offered and withdrawn.
Garcia (D-IL) #049 requiring the Access Board to finalize its proposed rule on accessible charging stations within 18 months. Offered and withdrawn.
Moulton (D-MA) #076 requiring FRA to perform a feasibility study of electrifying US passenger and freight rail corridors. Chairman Graves recalled a hearing on this issue from a few years ago (California’s attempt to backdoor a national electric train mandate) and the claim of hundreds of billions of dollars in cost. Amendment fails on a voice vote but a recorded vote is requested and postponed. Request for recorded vote withdrawn.
Titus (D-NV) #307 requiring drivers and carriers that carry cargo transport units of lithium batteries to have hazmat endorsements on their CDLs and be registered as a hazmat carrier. Graves opposes because lithium batteries are a class 9 hazmat that does not require a hazmat endorsement. Rep. Collins, on behalf of the truckers, speaks in favor of it. Amendment fails on a voice vote but a recorded vote is requested and postponed. Amendment passes by vote of 40 – 24
Johnson (D-CA) #066 and #068 en bloc establishing a new Highway Quality Transit Operating Support program authorized at $20 billion per year (no pay-for) and allowing transit systems in urban areas over 200,000 population to use their 5307 formula grants for operating expenses in months where the national average retail price of gasoline exceeds $4.00 per gallon. Offered and withdrawn.
Hoyle (D-OR) #069 striking section 10404 of the bill, the new performance-based rulemaking requirement at FRA. Offered and withdrawn.
Garcia (D-IL )#048 prioritizing NHPP funding for state of good repair projects ahead of new capacity projects. Amendment fails on a voice vote.
Figures (D-AL) #066 making road access projects fulfilling the President’s Maritime Action Plan eligible for STBGP funding. Jimmy Petronis (R-FL) spoke in favor of the amendment. Chairman Graves opposes. Amendment fails on a voice vote, but a recorded vote is requested and postponed. Amendment passes by vote of 51-13
Johnson (D-GA) #070 allowing MPO’s to request a one-time extension of their federal certification so it aligns with the timing of their long-range plan and TIP. Offered and withdrawn.
Hoyle (D-OR) #068 striking provisions from the bill relating to “digital infrastructure.” She stated that the bill was not specific enough to define the term and exclude systems that spy on workers. Offered and withdrawn. (JD)
11:35pm Update: Still going! Garcia, Ryan, Perry, Perry, Figures and Perry
Garcia 043 requires transit passenger vehicles designed to carry 8 or more people be required to be driven by a human operator for the next 10 years. Amendment fails on voice vote.
Ryan 073 creates the REPAIR Infrastructure grant program, which he describes as building on the Reconnecting Communities program. The amendment is cosponsored by Rep. Figures. The amendment is withdrawn with an announcement of intention to continue working on the bill.
Perry offer his LAST AMENDMENT 246 which requires reporting on cost implications of compliance with federal regulations including design standards, labor and prevailing wage requirements, and procurement requirements. Fails but recorded vote requested. Amendment fails by vote of 26-38
Figures 064 would provide 100 percent funding under the Bridge Completion Program specifically for the Mobile River Bridge and Bayway Projects. Amendment is offered and withdrawn.
Perry 242 strikes the extension of authorization for WMATA capital and preventive maintenance grants. Amendment fails on voice vote and recorded vote is requested. Amendment fails by vote of 13-51
Perry 241 strikes the increase to the maximum number of buses that a system can have and still use a portion of funding for operating assistance (from 100 to 125). Amendment fails on voice vote and recorded vote is requested. Amendment fails by vote of 20-44 (RH)
11:15pm Update: Perry (ferries), Ryan (PLAs), Perry streetcars, Pou FRA regs, Perry SS4A repeal, Hoyle inspector pay, Perry wildlife crossings
Perry 231 strikes grants for passenger ferry programs noting that there are barely any systems in the continental US. Mr. Larsen responds by rattling off nearly a dozen systems that he’s familiar with, which I’ll admit to being impressed by given the length of this day. The amendment fails by voice vote.
Ryan 075 requires FHWA reporting on pending project labor agreement requests. Amendment is withdrawn
Perry 237 prohibits streetcars from eligibility from STBG, CMAQ, 5307, and CIG. The amendment fails on voice vote but a recorded vote is requested. Amendment fails by vote of 19-45
Pou 046 would give FRA regulations on rail grade crossing stops the same effect as law. It’s offered and withdrawn.
Perry 230 would remove the authorization of the Safe Streets for All program in BA250 and for thoroughness also repeal the section of IIJA. Amendment fails on voice vote and a recorded vote is requested. Amendment fails by vote of 7-57.
Hoyle 066 adjusts the statutory pay grades caps for rail safety inspectors. Offered and withdrawn.
Perry 233 would repeal the wildlife crossing program, and fails on voice vote. Amendment fails by vote of 16-48.
(RH)
11pm Update: Friedman TOD, Gillen dispatching study, Perry Kill switch, Westerman subgrade materials, Begich Alaskan corridors, Figures
Friedman 044 amends the RRIF program and TIFIA program to expand the ability to use loans for TOD. Amendment fails on voice vote.
Gillen 085 switches the authorship of a study on Train dispatching technologies from the FRA to the GAO. The amendment fails on voice vote.
Perry 243 amendment strikes the so-called “Kill Switch” provision of IIJA, e.g. section 214220 on Advanced Impaired Driving Technology. The amendment is E&C jurisdiction, but Mr. Perry notes his intent to offer the amendment on the floor, and still requests a recorded vote. Amendment fails by vote of 27-37
Westerman 076 adds subgrade materials to the list of innovative technologies in STBG. Larsen notes opposition due to the Big Four agreement. The amendment fails in voice vote but a recorded vote is requested.
Begich 129 adds two Alaskan corridors to the list of high priority corridors designated under ISTEA Section 1105. Larsen and Graves offers support and the amendment is adopted.
Figures 065 changes the 50% maximum federal participation in a TIFIA loan, striking the cap and replacing it with full Secretarial discretion as to the percent of costs that may be covered by the loan. Stauber acting as chair offers opposition. The amendment fails on a voice vote. (RH)
10:45 p.m. Update: Bresnahan truck recalls and Taylor chameleon carriers
Bresnahan (R-PA) 049 preventing mandatory safety upgrades in the future if the parts and equipment were not required by a FMVSS at the time the vehicle was manufactured. Failed on a voice vote but a recorded vote was requested and postponed. By a vote of 36-28, the amendment passes.
Taylor (R-OH) 081_Rev1 requiring a GAO report on “chameleon carriers” and requiring FMCSA to develop an advanced automation tool to help detect such carriers. Amendment agreed to by voice vote. (JD)
10:38 p.m. Update: Perry, Perry. and more Perry (plus a little Titus and Sykes)
(remember, amendments are in order of being offered, reading from bottom to top).
Perry (R-PA) #244 requires that all speed limits not set by law be set by an engineering study measuring free-flowing motor vehicle speeds. Amendment fails on a voice vote but a recorded vote was requested and postponed. Amendment fails by vote of 25-39.
Perry (R-PA) #234 cutting off all chapter 53 mass transit funding to jurisdictions that operate as sanctuary jurisdictions and refuse to cooperate with federal immigration authorities. Amendment fails on a voice vote but a recorded vote was requested and postponed. Amendment fails by vote of 29-35.
Perry (R-PA) #235 eliminating multiple set-asides or eligibilities in law for transit-oriented development. Amendment fails on a voice vote but a recorded vote was requested and postponed. Amendment fails by vote of 9-55.
Perry (R-PA) #228 repealing the Transportation Alternatives Program and its 10 percent STBGP set-aside. Democrats again oppose, with Larsen saying it was a top party priority because it was a top funding source for bike-ped funding. Amendment fails on a voice vote but a recorded vote was requested and postponed. Amendment fails by vote of 9-55.
Perry (R-PA) #229 repealing the FTA Capital Investment Grant program. Democrats (obviously) opposed the amendment, with Larsen calling it a “foundational” transit program. Amendment fails on a voice vote but a recorded vote was requested and postponed. Amendment fails by vote of 8-56.
Perry (R-PA) #232 granting all highway and bridge repair and replacement projects a categorical exclusion from NEPA. (The amendment does not clarify whether replacements that add capacity or have new alignments get CEs.) Larsen opposed the amendment on the grounds that there are already CE requirements for repair and replacement projects that simply keep the previous structure and capacity and make no changes. Amendment fails on a voice vote but a recorded vote was requested and postponed. Amendment fails by vote of 26-38
Perry (R-PA) #236 removes freight rail and intercity passenger rail from the list of eligible types of projects under the new Surface Transportation Accelerator Program. Mr. Larsen points out that Amtrak gets no guaranteed money in this bill, and opposes the amendment. Amendment fails by voice vote, but a recorded vote was requested and postponed. Amendment fails by vote of 9-55.
Titus (D-NV) #296 mandating a TRB study on the threats that EV battery fires pose to tunnels. The majority opposed, saying that tunnels safety standards should be set holistically, and not just about EVs. Amendment fails by voice vote, but a recorded vote was ordered and postponed. Amendment fails by vote of 29-35.
Perry (R-PA) #239 adding several new sections to ensure that owners of commercial motor vehicles have access to data being generated by the vehicle. Offered and withdrawn (because of the jurisdictional overlap with Energy and Commerce).
Sykes (D-OH) #122 creating a 25% set-aside for bus and bus facility, CRISI, and Railroad Crossing grants for areas of persistent poverty. The majority objected because it would put a pro-urban balance on the railroad crossing program. Amendment failed on a voice vote but a recorded vote was requested an ordered. Amendment fails by vote of 27-37.
Perry (R-PA) #238 preventing the use of eminent domain by any entity receiving truck parking facility grants. Larsen opposed on the grounds that, occasionally, more land might be needed. Vote failed by voice and a recorded vote was ordered. Amendment fails by vote of 24-40.
Sykes (D-OH) #127 requiring USDOT to issue regulations to require that safety placards have the ability to withstand temperatures over 180 degrees. Rep. Sykes pointed out that the placards on the train in the East Palestine crash melted early on and were no longer legible. Offered and withdrawn.
Titus (D-NV) #295 requiring that USDOT, in consultation with USDA, to develop a mechanism to determine if rail or road carriers are violating laws regarding transport of animals (the “28-hour law”). The majority opposes the amendment on the grounds that it is Agriculture Committee jurisdiction. The amendment fails on a voice vote.
Perry (R-PA) #225 requiring that states forfeit 10 percent of their core highway formula apportionments if they fail to certify that none of their jurisdictions are operating automated traffic enforcement systems. Perry called camera systems both a privacy threat and a “cash grab.” The minority opposed the amendment calling it unusual federal overreach and pointed out that federal-aid dollars are already prohibited from paying for operating cameras outside of school and work zones. There was a good bit of discussion on this one with a wide variety of members condemning the cameras but not quite willing to back Perry’s amendment in many cases. The amendment failed on a voice vote, and this time, Perry did not ask for a roll call. (JD)
9:50pm Update: Begich (transit cost share), Titus (extreme weather states), Pou (cost share)
Begich 128 extends the Section 120 sliding share for local match to FTA formula programs. Under current law, Section 120 reduces the local match required for highway formula funds in states with large percentages of federal lands. The amendment is cosponsored by Ms. Hoyle. Mr. Larsen opposes to protect the Big four agreement. Amendment is offered and withdrawn.
Titus 293. A provision in the underlying bill (sec 1322) requires FHWA to review procedures and policies to prioritize reviews of construction projects where cold weather limits the construction season. The Titus amendment extends that same consideration to states with extreme heat, which can also pose challenges to construction. Mr. Graves opposes. The amendment fails by voice vote but a recorded vote is requested and postponed. Amendment fails by vote of 27-37.
Pou 045 allows the federal share to be 100% in low income and low population density areas. The amendment is offered and withdrawn. (RH)
9:40 p.m. Update: Titus (Paratransit), Sykes (Hazmat notification), Scholten (Energy generation), Foushee (Seniors EV Fee exemption), Perry 221 (ALPR)
Titus 297 is based on the text of H.R.4116 – Disability Access to Transportation Act. It establishes a pilot program offering one-stop services to paratransit riders, which would be authorized for $75 million in appropriations. The amendment fails on voice vote but a roll call vote is requested and postponed. Amendment fails by vote of 31-33.
Sykes 126 is another rail safety amendment, requiring railroad to provide advance notice of the transport of hazmat to emergency response commissioner. The provision, which is already in the base bill, is offered and withdrawn.
Scholten 114 is a bill to use existing rights of way to build energy generation and transmission. Offered and withdrawn.
Foushee 066 would exempt seniors from the EV fee. Amendment fails on voice vote.
Perry 221 prohibits the use of automated license plate readers other than for tolling. He notes 16 cases of misuse that have been identified. Mr. Ezell responds discussing the many reasonable uses of ALPRs including the safe recovery of abducted minors, and opposes the amendment. Numerous other members share thoughts on the reality of ALPRs being a challenge, while opposing the amendment itself. The amendment fails on voice vote and a recorded vote is requested. Amendment fails by vote of 18-44.
(RH)
9:15 p.m. Update: Sykes (Akron rail), Foushee (CRISI set-aside), Perry (CMAQ set-aside), Nehls (Rail tech cost match)
Sykes 124 authorizes funds for appropriation to expand Amtrak service to the Akron-Canton region. Fails on voice vote.
Foushee 061 would set-aside 3% of CRISI funding to State DOTs to enable states to develop long-term rail plan and implement rail projects. Mr. Rouzer expresses concerns about implementing a formula within CRISI and notes concerns from the Federal Railroad Administration. Fails on voice vote but a recorded vote is requested and postponed. Amendment fails by vote of 27-37.
Perry 227 would strike the set-aside of CMAQ for EV charging, stating that EVs drivers have been using the interstate “for decades” as free-riders. Larsen takes this opportunity to share his feelings that he may consider the roll-out of NEVI to be a failure but defends the alignment of EV charging within the CMAQ program, calling it a much more exquisite solution. Amendment fails on voice vote but unsurprisingly Mr. Perry requests a recorded vote. Amendment fails by vote of 21-43.
Nehls 091 revision 1 increases the cost share for activities funded under the Rail Technology and Asset pilot program established in BA250, from 50% in the base bill to 80%. Calling the 50-50 cost share “unheard of”. This technology deployment program is for technology to improve safety and efficiency, reduce cargo theft, and monitor rail network fluidity. Mr. Moulton joins in speaking in favor of the amendment. The amendment is adopted by voice vote. (RH)
8:54 p.m. Update: Buy America, horses, invasive species, P-2-P car rental, performance-based rail regs, useful life of highway projects, and TOD radii.
Stanton (D-AZ) #085 extending the transit-oriented development radius from ½ mile to 2 miles from the station so long as the project was in the downtown core. Stanton pitched it as a way to expand housing capacity in big cities, but the majority opposed it. Failed on a voice vote but a recorded vote was ordered and postponed. Vote request withdrawn.
Huffman (D-CA) #074 establishing useful service life standards for federal-aid highway infrastructure projects where total project cost exceeds $50 million. He pitched it in terms of climate change and resiliency benefits. The majority opposed, on the grounds that it micromanages states. Failed on voice vote but a recorded vote was ordered and postponed. Amendment fails by vote of 24-40.
Titus (D-NV) #298 amending sec. 10404 to make performance-based regulation optional instead of mandatory at FRA for non-safety rules. The majority strongly opposes. The amendment fails on a voice vote but a recorded vote was ordered and postponed. Vote request withdrawn.
Nehls (R-TX) #093 provides vicarious liability framework for peer-to-peer car sharing entities and shared vehicle owners, similar to the liability protections adopted in 2005 for regular rental car companies. Larsen said the contactless nature of the renting prevents owners from making sure who is actually driving their car, and the lack of a requirement that drivers have insurance. Amendment passes on voice but a recorded vote was ordered . Amendment passes by vote of 36-28.
Scholten (D-MI) #113 amending the National Culvert program statute in 49 USC 6703 to make projects that “inhibit the movement of invasive species” eligible for funding. Offered and withdrawn.
Van Drew (R-NJ) #120 banning the transportation in a motor vehicle of horses for slaughter for human consumption or in a double-stacked trailer. Larsen reluctantly opposed, in the interest of preserving the “Big Four” agreement. The majority opposes it because it restricts movement of livestock (and also that the Agriculture Committee has joint jurisdiction). The amendment failed by a voice vote but a recorded vote was then ordered . Amendment passes by vote of 34-30.
DeLuzio (D-PA) for Garamendi (D-CA) #085_Rev3 allowing the Secretary to impose “additional methods and terms” for Buy America as he deems appropriate. Amendment fails by voice vote but a recorded vote is ordered and postponed. Vote request withdrawn.
(JD)
8:25 p.m. Update: Gillen 084 and Perry 226
Gillen 084 grants FRA authority to conduct oversight of rail dispatching systems to address the risks of foreign interference. The amendment is offered and withdrawn.
Perry 226 would strike the BA250’s inclusion of a CA High Speed Rail working group and instead forbids the Secretary from awarding funding to the grant at all. The amendment fails on voice vote. Mr. Larsen notes that he’d support the first half, e.g. just striking the working group… The amendment fails on voice vote but a recorded vote is requested and postponed. Amendment fails by vote of 31-36.
(RH)
8:18 p.m. Update: still more amendments
Hoyle 055 would restore contract authority to the INFRA grant program. (BA250 makes the INGRA grants subject to annual appropriations.) The amendment is offered and withdrawn.
Sykes 125 amendment requires monthly reporting to Congress for any withholding, termination, or re-negotiating the scope of a grant as well as the creation of a publicly available website providing the same information. Mr. Rouzer speaks against the amendment noting that the BA250 does offer additional protections to grants made under this bill. The amendment fails on a voice vote.
Foushee 063 offers the IMPACT Act would direct FHWA to provide states with reimbursement for innovative materials, including low-emission concrete, cement, and asphalt materials. It also offers technical assistance to States to update their performance specifications for such materials. Ms. Foushee offers and withdraws her amendment.
Pou 041 Revision 2 requires the transportation rulemaking committee established under BA250 to consider job impacts of ADS-equipped commercial motor vehicles. Offered and withdrawn.
Friedman 040 removes the BA250 repeal of the Truck Emission at Ports program, which was authorized and funded in IIJA, and the Healthy Streets program, which was authorized for appropriations. Mr. Rouzer speaks on behalf of the Chairman, noting that the underlying bill consolidates, repeals, and defunds more than a dozen programs to focus on critical needs. The amendment fails on voice vote. (RH)
8:04p.m. Update: more amendments
Carbajal 073 extends the limits on duty hours that exist in Section 21103 of title 49 for train employees to also cover yardmaster employees in rail yards. Mr. Carbajal withdraws his amendment in hopes of working together with the Chairman.
Begich 124 asks for a study and report on the addition of pozzolan into concrete as an additive to or replacement of cement, and creates a pilot program to test the additive. Mr. Larsen expressed concern about pilot programs for individual additives, and Mr. Graves similarly opposes on the basis of avoiding material preferences. The amendment fails on a voice vote.
Garcia 046 amends the mandatory insurance minimums for trucks, from $750k, an amount established in the 80s, up to $5 million. Offered and withdrawn.
Taylor 078 addresses “chameleon carriers” to ensure that operations requiring registration have an active USDOT number. The amendment is offered and withdrawn.
Patronis 046 is focused on historic preservation requirements for railroad projects, exempting projects in the rail right of way from Section 106 of the National Historic Preservation act, and making railroad rights of way not a historic property even if listed on the National Register of Historic Places. It also allows projects to separate out the individual elements of a railroad right-of-way that have historical significance from those that do not have historic significance. The Committee leadership both note opposition. The amendment fails on voice vote but a recorded vote is requested and postponed. Amendment fails by vote of 31-33.
(RH)
7:50p.m. Update: Johnson 061 and 069, Carson 059 (Rail labor protections), Titus 301 (also rail labor protections), Huffman 073 (honoring grant agreements)
Johnson offers and withdraws amendments 061 and 069 en bloc, the latter of which directs FRA to issue a rule for self-contained propelled freight rail vehicles that are autonomously or remotely controlled, and the former of which requires states to include freight safety data systems in their state freight plans.
Carson 059 would ensure that Rail Equipment Pools do not skirt the labor protections, applying labor protections to employees under Rail Equipment Pools. According to the Chairman, the amendment runs counter to the purpose of the equipment pools, which are intended to expand competition. The amendment fails by voice vote.
Titus 301 expands labor protections beyond rail operating crafts to include all rail labor including operators. Ms. Titus notes ongoing negotiations on an agreement and withdraws her amendment with the assurance that the Chair will work with her when that agreement reaches the floor.
Huffman 073 is offered in conjunction with Ms. Holmes Norton and Mr. Frost, and expands language included in the bill relating to honoring implementation of grants authorized under this bill- their amendment extends language prohibiting cancellation, withholding, or delay of grants that were previously announced to grants that were authorized under IIJA and IRA. Mr. Graves speaks against the amendment noting the backlog of unobligated funds. The amendment fails by voice vote but a recorded vote is requested and postponed. (RH) Amendment fails by vote of 27-37.
7:36 p.m. Update: Garamendi 077 (domestic cement), Van Drew 123 (defibrillators)
Van Drew (R-NJ) #123 making purchase and installation of external defibrillators eligible under the Surface Transportation Block Grant Program. Larsen said he would love to support the amendment, and like the intent, and pointed out that the underlying bill sets up a rulemaking study on the topic. Failed on a voice vote but a recorded vote was ordered and postponed. Vote request withdrawn.
DeLuzio (D-PA) for Garamendi (D-CA) #077 requiring that all cement used in projects using USDOT financial assistance be produced in the U.S., Canada, or Mexico. Several members said that they were sympathetic but that the amendment could have drastic effects until domestic cement production made significant gains. Failed on a voice vote but a recorded vote was ordered and postponed. (JD) Amendment fails by vote of 17-47
7:26 p.m. Update: Hoyle 054 (covered bridges), Foushee 065 (charging/refueling corridors), Pou 036 (NEC cost allocation study), Friedman 042 (Carbon Reduction Program), and Perry 222 (13(c) repeal)
Perry (R-PA) #222 amending the bill in several places to repeal the “section 13(c)” labor protections for mass transit workers (now codified in 49 USC 5333(b)). Perry cited 13(c)’s effect of preventing automation of transit as a public safety threat. Rep. Davids on behalf of the minority called the amendment a “slap in the face” of transit workers. The amendment failed on a voice vote, but a recorded vote was ordered and postponed. Amendment fails by vote of 18-46.
Freidman (D-CA) #042 striking section 1125 of the bill and thus keeping the Carbon Reduction Program on the books (but still unfunded).The amendment failed on a voice vote.
Pou (D-NJ) #036_Rev1 directing that GAO study the methodology for Amtrak’s Northeast Corridor cost-sharing requirement and recommend any possible improvements. The majority opposed, but Rep. Van Drew (R-NJ) supported it. The amendment lost on a voice vote but a recorded vote was ordered and postponed. Amendment fails by vote of 29-25.
Foushee (D-NC) #065 reauthorizing the Charging and Refueling Corridor Program and providing it with $2.5 billion in contract authority (with no corresponding offset). The majority opposed it without debate, and the amendment failed by voice vote.
Hoyle (D-OR) #054 making locally owned covered bridges eligible for funding under the new bridge program. The majority opposed and there was basically no debate, and the amendment failed by voice vote. (JD)
7:07 p.m. Update: Patronis 047 (auto transporter weight), Garcia 044 (Neighborhood Access and Equity), Pappas’ Active Transportation, Strickland extreme heat, Ryan 072 grade crossing inspection rules
Ryan (D-NY) #072 locks the current grade crossing inspection rules, as in effect on September 1, 2025 under part 234 of title 49 CFR in place with the force of law. Ryan alleged that the big railroads have convinced the Administration to water down the regulations to get rid of the requirement for in-person inspections. Republicans opposed on the grounds that the executive branch should retain regulatory flexibility. Failed on voice vote.
Strickland (D-WA) #078 making cool and porous pavements, tree cover, green infrastructure, and other ways to fight extreme heat eligible for section 5307 urbanized area transit grants. Offered and withdrawn.
Pappas (D-NH) #117 and #121 en bloc amendments striking section 1304(b) of the bill and reauthorizing the Active Transportation Program and grandfathering its eligibility to IIJA standards. Offered and withdrawn.
Garcia (D-IL) #044 striking section 1324 of the bill (which struck the Neighborhood Access and Equity grant program from title 23), leaving the program existing but still unfunded. The GOP opposed the amendment with almost no debate, and the amendment failed by voice vote.
Patronis (R-FL) #047 allowing a nationwide weight waiver for stinger-steered combination auto transporters up to 88,000 pounds gross weight. Patronis said that since the average weight of electric vehicles is significantly higher than equivalently sized ICE vehicles, standard-sized auto haulers have lost a significant portion of their carrying capacity. Democrats opposed, with Andre Carson opposing what he called a “mandate on states.” Agreed to by voice, but then a roll call vote was requested and postponed. Amendment passes by vote of 32-31.
(JD)
6:43 p.m. Update: Resuming Markup
The floor voting is finished for the week, and the Committee now resumes its markup of HR. 8870. Prior to the floor votes, 66 of the 67 T&I members were present and voting (all save Thomas Massie (R-KY), who had a bad week already). We’ll see who sticks around and who doesn’t. (JD)
4:46 p.m. Update: Pausing for Floor Votes
The Committee activity has paused so that members can go to the floor to vote. (Jeff estimates 50 minutes of voting, so back sometime after 5:30.) Once they’re back to committee, there are at least 7 recorded votes that have been requested and postponed awaiting them for the next vote series. (RH)
4:42 p.m. Update: Carbajal 072, Ezell 061, Knott 018, Davids 066
Carbajal 072 would limit registration fees to not apply to owners with under $75k income. The chair offers his opposition, and the amendment fails on voice vote.
Ezell 061 seeks to expand reciprocal switching at port complexes in order to improve competition for captive shippers, requiring Class I railroads to provide reciprocal switching and directing STB to ensure that reciprocal switching rates are reasonable. Mr. Ezell withdraws the amendment.
Knott 018 revision 01 addresses cargo theft by creating criminal penalties for submitting fraudulent certification to FMCSA. The amendment is withdrawn.
Davids amendment 066 would change the methodology for EV fee, calculating the amount based on vehicle miles traveled divided by average fuel economy multiplied by the gas tax, (resulting in a fee of approximately $100 per year) so that there would be parity to EV drivers. The amendment is withdrawn. (RH)
4:35 pm Update: Brownley (funds for international game hosts), DeSaulnier (EV funds)
Ms. Brownley offers her amendment 069 to expand the authorization of appropriations for localities hosting FIFA and Olympics to such sums as may be necessary (up from a level of $50 million per year authorized for appropriations in the underlying bill.) Mr. Knott, sitting in for the chair, offers opposition, and the amendment is withdrawn.
DeSaulnier 039 seeks to protect funding made available for the NEVI Program and the Charging and Fueling Program under IIJA, directed that the programs be implemented in accordance with the law and with Congressional intent and prohibiting delay, freezing, rescission or cancellation of such funds. The amendment is withdrawn.(RH)
4:25pm Update: Collins (state truck tax), Kiley (state gas tax)
Next up a pair of bills to limit state authorities for tax collection.
First, Collins 025 limits States from collecting taxes and other revenues from commercial motor vehicles. The Ranking Member opposes, and the amendment fails by voice vote but a recorded vote is requested (and postponed). Amendment passes by vote of 33-31
Next is Kiley 047: Mr. Kiley discusses his amendment in the context of affordability challenges. Kiley calls the 67 cent state gas tax a major burden for Californians, and his amendment imposes “commonsense limits” on state gas taxes by creating a condition on receipt of federal highway funding that states can’t charge more than 50 cents per gallon in gas tax. Mr. Nadler rises to strongly oppose the provision interfering with state law, calling it no way to run a democracy. Ms. Davids, on behalf of Mr. Larsen, also offered opposition, noting how state rely on the revenue produced by their state gas taxed. The amendment fails on voice vote, but a recorded vote is requested (and postponed). (RH) Amendment fails by vote of 14-50.
4:10pm Update: Carson (Rail workforce), Nehls (truck rearguards), Titus, Owens
Carson 058 amends the language in the bill on Rail equipment pool to maintain workforce levels at the Beach Grove IN maintenance facility and other Amtrak facilities. Mr. Ezell speaks against, noting that the point is to encourage competition and that equipment pools will be managed by states. The amendment fails on voice vote but a recorded vote is requested and postponed. Vote request is withdrawn.
Nehls 087 amendment has to do with the rearguard bumpers on truck trailers for vehicles. The amendment protects companies from punitive damages if they are complying with federal standards for rearguard bumpers. Rep. Davids, on behalf of Mr. Larsen, offered the Ranking Member’s opposition, noting that compliance with federal standards is a matter of self-certification by trailer manufacturers. Mr. Collins offered his additional support. The amendment fails on voice vote but a recorded vote is requested and postponed.
Titus amendment 299 makes nonprofits representing railroad workers eligible for the newly created rail technology and asset pilot program. Mr. Ezell, on behalf of the chair, opposes the expansion. The amendment fails on voice vote.
Owens 045 adds a Bridge Act Digital Bond TA Pilot program to the bill, to be established within the Build America Bureau, to assist agencies in small, rural, tribal, and disadvantaged communities, with the costs of issuing digital municipal bonds to finance surface transportation. Rep. Davids shared the Ranking Member’s opposition to the amendment. The amendment fails by voice vote but a recorded vote is requested and postponed. (RH) Vote request is withdrawn.
3:50 p.m. Update: Stauber 049, Johnson 063, Burchett 149
Burchett 149 allowing holding companies that own short line railroads eligible to receive CRISI grants. The minority pointed out that the short lines themselves are already eliglble, but that some short lines are owned by wealthy investment funds. A roll call vote was requested and postponed. Amendment fails by vote of 30-34.
Johnson (D-GA) #063 amending section 5321 of title 49 to allow states to spend up to 10 percent of their apportionments “under section 104(b)” for crime prevention projects. (104(b) is the highway formula apportionment section in title 23, not the title 49 transit funding.) Graves cites “technical issue” but also cites bill already increasing anti-crime funding. Roll call vote ordered and postponed. Vote request withdrawn.
Stauber (R-MN) #049 establishing a minimum “standard of care” for freight brokers when selecting motor carriers. Offered and withdrawn. (JD)
3:42pm Update: Done with Vote Series 1
Here’s the current list of amendments that have been added:
By recorded vote:
Titus 294 (Secure Tracks Act): 35-31 Adopted
Nehls 94 (Rail Safety): 54:11 Adopted
Fong 41 (TNC liability): 35-30: Adopted
McDowell 045 (Rail station development): 64-1 Adopted
Johnson 77 (weight limits): 35-29 Adopted
By voice:
Owens 047
Knott 016
(RH)
3:17 p.m. Update: Webster 039 (I-Bank), Nadler 043 (Low-No), and Perry 223 (Fare-Free Transit Ban), Garamendi 079 (Bridge Corrosion)
Garamendi (D-CA) #079_Rev_1 setting corrosion prevention standards and policies for bridges on the federal-aid system. Graves said he supported the intent of the amendment but that there would be significant unintended consequences. Recorded vote ordered and postponed. Amendment fails by vote of 31-33.
Perry (R-PA) #223 preventing chapter 53 transit aid recipients from providing universal fare free policies. Fare-free or reduced-fare policies for seniors, students, and low-income riders would still be allowed. Perry alleged that universal free-fare policies are associated with increased crime and vagrancy. Larsen said Island County, a small agency in his district, has been running universal fare free transit since the 1980s and has no problems. A recorded vote was ordered and postponed. Amendment fails by vote of 24-40.
Nadler (D-NY) #043 bringing back the low-no emission bus set-aside in the competitive bus grant program, but at 50 percent of the program. Nadler cited NYC’s plans to convert their entire bus fleet to zero-emission buses. Chairman Graves opposed, because it diverts money away from the regular bus program. Larsen explained the Dems had negotiated that program away but allowed the eligibility for use of federal funds for low-no buses to remain, and that was the “best we could get.”
Webster (R-FL) #039 cosponsored with Carbajal (D-CA), striking section 2004 (a study of whether to establish a Federal Infrastructure Bank) and replacing it with language actually establishing a Federal Infrastructure Bank, to be “capitalized exclusively with private-sector investment.” Mr. Larsen said that, were it not for the bipartisan agreement struck with Graves, he might support the amendment, but that there were jurisdictional concerns with the Financial Services Committee, so it was a no-go. Graves promised to work on it, and Webster withdrew the amendment. (JD)
2:45 p.m. Update: Figures 062, Johnson 077 (truck weight pilot), Owens 047, then a break for votes
Owens (R-UT) #047 allowing the use of ridership forecasts that account for population density and population growth rate when evaluating mass transit Capital Investment Grant projects. Larsen supports the amendment, as does Graves. Adopted by voice vote.
Johnson (R-SD) #077 creating a pilot program to raise Interstate weight limits, at state option, to 91,000 pounds for six-axle vehicles only. Johnson cited numerous studies showing road wear-and-tear benefits from adding a sixth axle, and promised increased efficiencies in freight delivery from the added capacity. Salud Carbajal took lead in opposition and said he has heard from safety advocates and law enforcement in his district who voiced serious safety concerns. And the other Mr. Johnson (D-GA) called the amendment the camel’s nose under the tent. Eric Bulison (R-MO) said that the only thing the T&I Committee can do to fight inflation is to increase cargo capacity. A recorded vote was ordered and postponed. That vote was 35 yeas, 29 nays, so the amendment was adopted.
Figures (D-AL) #062 allowing projects to “improve resilience, safety, evacuation capacity, regional connectivity, or operational reliability along Gulf Coast corridors” be eligible under the new bridge formula program, including bridge lighting and drainage improvements. The majority opposed it because was “overly prescriptive” and the amendment failed by voice vote. (JD)
2:30 p.m. Update: While T&I has been marking up, the Senate canceled debate on the budget reconciliation bill and went home, which leaves the House with nothing to vote on tomorrow, so the House has canceled tomorrow’s scheduled votes. The House floor votes scheduled for 4:30 p.m. today will now be the last House votes of the week. This may expedite the T&I markup, because how many members will stay in D.C. a day more than necessary just to offer an amendment that will fail? (JD)
2:18pm Update: McDonald Rivet (BASICS Act), Friedman (PROTECT)
McDonald Rivet 061 adds the BASICS Act that would expand local community access to federal funds. Mr. Bresnahan, a cosponsor of the BASICS Act with Ms. McDonald Rivet, also speaks on behalf of the needs for local communities to have access to federal funds, as does Mr. Carbajal. The amendment is offered and withdrawn.
Friedman 043 restores the PROTECT formula grants that provide funding to states to address climate resilience. Mr. Huffman also offers his support for the amendment noting the many corridors in California that have been affected by natural disasters and chronic flooding. Mr. Moulton also asked for time to reiterate the importance of climate resilience and the immediate impacts that flooding has on public safety in addition to long-term public costs imposed by climate change. The amendment is offered and withdrawn. (RH)
2:06pm Update: Foushee (NEVI), Deluzio (rail labor), Pou 039, Gillen 081
Ms. Foushee’s amendment 064 extends the National Electric Vehicle Infrastructure Program from Division J of IIJA and continue to fund the program for the next five years, calling it critical to provide choices and affordability for American families. Mr. Graves responds that federal dollars are much better spent on roads and bridges rather than catering to a small subset of individuals and urges opposition. The amendment fails on voice vote.
Next up is an amendment from Mr. Deluzio that is offered and withdrawn. The amendment seeks to extend labor protections and labor standards that are currently applicable to Amtrak workers to also apply to other intercity passenger rail provider employees.
Pou 039 amendment is also offered and withdrawn – the language adds to the responsibilities of transit support specialist work, an eligible activity added in this bill.
Gillen 081 cosponsored by Rep. VanDrew, also addresses safety, allowing assaults on Amtrak employees to be charged as federal crimes rather than subject to local jurisdictions. Mr. Graves says that the establishment of criminal penalties is outside the T&I Committee and therefore he must oppose. The amendment fails on voice vote. (RH)
1:56pm Update: Scholten, Knott
Next up is Rep. Scholten’s amendment 109 which gives states a 95% federal share for safe routes to school coordinators, but withdraws her amendment.
On to Knott 016, which addresses cargo theft by strengthening the FMCSA registration system to detect fraud. Both Mr. Graves and Larsen offer support, and the amendment is adopted. (RH)
1:49pm Update: Hoyle 053, Barrett 061 and McDowell 043 (Amtrak)
Next up Hoyle 053 is considered, adding preferential consideration in the Bus and Bus Facilities grant program for projects for training facilities and equipment. Her statement notes the importance of providing transit workers with necessary tools and training. Mr. Graves responds describing it as a significant broadening of eligibilities of the grant program and opposing. The amendment fails by voice vote.
Mr. Barrett’s amendment 061 would create a nationwide standard length limit for auto hauling trucks, but is withdrawn.
On to McDowell’s amendment, which elicits quite a bit of debate primarily between Mr. Nadler and Mr. Moulton. The amendment changes the way Amtrak can develop rail stations through the RRIF program to encourage private sector participation in such projects. Mr. Nadler offers strong opposition to what he calls a potential for fraud and corporate give-aways, handing decisions for station areas to developers without any RFP process. Mr. Moulton defends the amendment, calling it an opportunity for stations to use value capture to help finance development projects and allow Amtrak to take small benefit from the development that happens on their property, calling the current model of station area development as epitomized by work at Penn Station a broken system that needs to be reformed.
Mr. Graves offers his support to the amendment. It passes on voice vote but a recorded vote is requested. That vote was 64 yeas, 1 nay, so the amendment is adopted. (RH)
1:36pm Update: Former Chairman John Mica stops by for a brief applause
1:34pm Update: Strickland (TDM) and Fong (TNC liability)
Strickland 079 provides a definition of transportation demand management eligible activities under the STAG program to improve consistent understanding of the term and its application in grant programs. Ms. Strickland calls it a technical correction, but Mr. Graves expresses opposition noting that a (unrelated IMO) study on travel demand forecasts in planning that’s in the underlying bill (which was carried forward from an IIJA-required study that was never completed). Recorded vote is requested. That vote was 30 yeas, 36 nays, so the amendment was defeated.
Fong 041 preempts state law to limit liability for Transportation Network Companies for owning, operating, or maintaining a digital network accessed by an app-based driver, as long as the TNC is not grossly negligent and didn’t commit criminal wrongdoing. A hand-written revision in the amendment text notes that the amendment does not relieve a TNC from compliance with state and local laws on background checks or driver qualifications. Mr. Fong notes that frivolous law suits and resulting liability insurance requirements have greatly increased the costs of TNC rides.
Mr. Larsen expresses opposition to the amendment, noting that the intent is to address insurance costs but that limiting liability would leave victims without recourse and describing TNCs as fundamentally different from rental car companies, for which a similar limit on liability was recently adopted. Ms. Gillen, a cosponsor of the amendment, expressed her support as well, describing it as responsive to cost of living concerns. Mr. Graves notes that he supports the common-sense amendment to limit lawsuits that TNCs face.
The voice vote passes but a recorded vote is requested. That vote was 35 yeas, 30 nays, so the amendment was adopted. (RH)
1:22 p.m. Update: Stanton 087, Davids 067, Collins 023, Garcia 042, Kiley 045
Kiley (R-CA) #045 making public infrastructure supporting federally-assisted transportation facilities, including water and sewer service, to be funded by the STBGP and STAG programs. Larsen opposed, saying it violated the user-pay principle and that there are plenty of other federal programs aiding water and sewer projects. Failed by voice vote.
Garcia (D-IL) #042 establishing a new competitive grant program for maintenance, replacement, and rehabilitation of commuter rail bridges. Offered and withdrawn.
Collins (R-GA) #023 creating a blanket waiver from federal Interstate truck weight limits for trucks hauling perishable commodities or products. Collins said that there has been significant research has been done since the federal weight limit was set in 1975 that indicates that roads can bear more weight. Larsen opposed the amendment, saying it breaks the purpose of having an Interstate system with consistent rules, and that enforcement would be difficult. A recorded vote was ordered and postponed. That vote was 27 yeas, 39 nays, so the amendment was defeated.
Davids (D-KS) #067 allowing all urbanized areas over 200,000 population to use their section 5307 urbanized area formula grants for operating expenses, but only up to 10 percent of their total apportionment. Graves said that federal funds should be reserved for capital needs and opposed the amendment, at which point Davids withdrew it.
Stanton (D-AZ) #087 adding extreme heat to the kinds of extreme weather that make repairs eligible for the FHWA emergency relief program. At the end of his statement explaining the amendment and its importance to Arizona, he withdrew the amendment. (JD)
1:06 p.m. Update: the Rail Safety Amendment
The most anticipated amendment of the day: Nehls (R-TX) #094 Rev_2, based on the Senate-passed Railway Safety Act, being pushed by President Trump on social media against the wishes of the railroad industry. (The bill is nominally a response to the East Palestine, Ohio accident, but the heart of the bill is a two-person crew minimum which was a railroad union priority years before the East Palestine crash.) This is one of the few issues where there is daylight between Graves and Larsen – Larsen supports the amendment and calls it the “culmination of years of work” by rail safety advocates and communities.
Graves yielded to a freshman (Rep. Brad Knott (R-NC)) to ask Nehls if there was a federalism issue involved because it overrides state policy, and Nehls simply said “no.” Dina Titus (D-NV), ranking minority member on the Railroad Subcommittee, was not a cosponsor of the base bill for the sole reason that the rail safety bill was not part of it, but she was the cosponsor of the Nehls amendment. Seth Moulton (D-MA) pointed out that hazmat incidents on highways are much, much more common than on rail, and posed the amendment as being more cooperative with the industry as a confidence-builder.
At the end of debate, Graves opposed the amendment, saying that much of it is not about railroad safety, and that the NTSB report found that several aspects of the bill would not have made a difference in the East Palestine accident, especially the two-person cab rule, since there were three people in the cab on the East Palestine train. Graves also raised the prospect of higher freight rates and increased delays due to the mandates in the amendment. As predicted: a roll call vote was ordered and postponed. That vote was 54 yeas to 11 nays, so the amendment was adopted. (JD)
12:44 p.m. Update: Burchett, Brownley en bloc, Carbajal
Carbajal (D-CA) #070, establishing a new Medium Transit Intensive City set-aside in the 5307 Urban formula grant. Offered and withdrawn.
Brownley (D-CA) #s 062, 064, 071 en bloc. Brownley does not like recent FHWA regulations that prevent MPOs from sub-sub-allocating their STBGP money to counties, which is a problem in the big SCAG MPO (which has Los Angeles, Imperial, Orange, Riverside, San Bernardino, and Ventura counties). Also increases the STBGP population sub-allocation from 55 to 60 percent over time. Offered and withdrawn.
Burchett (R-TN) #148 to exclude the weight scales from the definition of bridge deck area. Larsen opposes because FRA considers the scales as a part of the bridge. Failed by voice vote, recorded vote demanded and postponed. That vote was 29 yeas, 37 nays, so the amendment was defeated. (JD)
12:36pm Update: Huffman amendment (EV fees)
Mr. Huffman speaks about his amendment which would strike the registration fee on EVs and plug-in hybrid vehicles. He notes his concerns about singling out EV fees and the disincentive created for adoption of electric vehicles created by the registration fee, as well as the inadequacy of EV fees as a solution to sustainable Highway Trust Fund revenues anyway. However Mr. Huffman withdrew his amendment noting the clear opposition to the EV fee among members of the U.S. Senate, stating his confidence that the registration fee is going nowhere. (RH)
12:30 Update: Bost 027, Titus 294, Mast 154 as amended
Bost’s amendment inserts the AM Radio for all vehicles, but is withdrawn, preventing Mr. Nadler from the opportunity to speak on it.
Titus 294 would add the Secure Tracks Act to the bill, to address freight rail safety and prevent train derailments. Mr. Graves opposes and a recorded vote is requested. That vote was 35 yeas, 31 nays, so the amendment was adopted.
Mast 154 seeks to simplify and improve consistency for federal grant applications process while also enhancing transparency to protect taxpayer funding. Mr. Larsen expresses his opposition, noting the many layers of oversight in federal grant fundings and concern about superseding all grant applications. A recorded vote is requested. That vote was 22 yeas, 44 nays, so the amendment was defeated. (RH)
12:20 Update: Full Coverage of the Manager’s Amendment
See Jeff’s article summarizing all provisions included in the Manager’s amendment here.
12:18 Update: Perry 224 and Johnson 062
Perry’s amendment would repeal the State flexibility to transfer money from highway to transit programs. Mr. Larsen opposes. A recorded vote is requested. That vote was 16 yeas, 49 nays, so the amendment was defeated.
The Johnson amendment would make the reduced federal share applicable to all metropolitan and statewide planning activity instead of limited to certain incentivized activities. A recorded vote was requested but later canceled, so the amendment failed by voice vote. (RH)
12:13 Update: Webster 038 and Garamendi 078
Next up is Webster 038, which amends federal vehicle safety provisions. Mr. Larsen opposes weakening standards, and by voice vote the amendment fails.
On to Garamendi amendment 078 on project delivery to allow the program on elimination of duplication of environmental review to no longer be subject to a cap on state participants and expanding participation of local governments in the program. (The program has never been used, and likely could only be used by California and perhaps a few other states given the requirement that the substituting state environmental law be more stringent than NEPA.) Interestingly, Mr. Graves (by proxy) opposes the amendment given “concerns raised by other members” and the idea of a provision that only benefits California. A recorded vote was requested but was later canceled, so the amendment failed by voice vote. (RH)
12:01 Update: Managers Amendment passes by voice vote
On to amendment 040 from Mr. Nadler. The amendment increases transit funding by $300 million per year. Mr. Graves opposes, and Mr. Nadler withdraws the amendment. (RH)
11:54 Update: Opening statement wrap-up thoughts
The T&I Committee has 67 members: 36 Republicans and 31 Democrats. In opening statements, 15 of the 31 Democrats offered opening statements, 14 of whom supported the underlying bill and only one member (Rep. Nadler) expressed overall concerns. Of the 36 Republicans, 12 offered opening statements all expressing support. More Republicans have since noted support for the bill as part of statements on the manager’s amendment. Assuming those relative levels of support don’t change as a result of the rest of the amendments, hard to see how this bill doesn’t get a majority of support in committee. (RH)
11:40 Update: Done with Opening Statements, On to Manager’s Amendment
Members are now offering short statements thanking the Committee leadership for including their amendments in the manager’s amendment. Summary coming soon! (RH)
10:40 Update: Opening Statements Ongoing
And we’re off! The opening statements are still ongoing but so far by and large are aligned in their focus on and pride in the bipartisanship that enabled this bill, with Democrats mostly describing it in the “while not perfect, a good bill with many of my priorities” and Republicans hailing it as the best bill since the establishment of the Interstate system.
Chairman Graves’ (R-MO) opening statement includes a lot of gratitude to Mr. Larsen’s commitment to working together. He focuses on the benefits that will be provided through the new bridge formula program as well as the new revenues to the HTF. He also notes the support the bill provides for small towns and the accountability for transit agencies.
Rank Member Larsen’s (D-WA) opening statement starts with some interesting phraseology– he notes that the last surface transportation bill was passed as part of the BIL, which is maybe an acknowledgement that there was a lot in the Infrastructure Investment and Jobs Act that isn’t included here. As benefits in this bill he cites strong funding levels including for transit, tribes, and territories, “what we can be responsible for in T&I providing authorization for rail.” Says he will be voting for amendments that support the bipartisan agreement made for this bill and opposing amendments that undermine the agreement. He notes that his goal has been to maintain at least the current levels of funding.
Subcommittee Rouzer’s (R-NC) opening statement focuses on project delivery, including the new categorical exclusions, and other changes to cut red tape. Then he notes the very modest EV fees to ensure that everyone who uses roads will contribute to paying for them- a small but important first step. His statement also notes the significance of off-system locally owned bridges funding in the bill, as well as the new policies to improve safety through new technologies.
Subcommittee Ranking Member Delegate Holmes Norton (D-DC) in a very short opening statement says she supports the bill and puts it even more bluntly than Mr. Larsen, noting that she may need to vote against amendments that she’d otherwise support due to the Big Four commitment she’s made.
Rail, Pipelines, and HazMat Subcommittee Chair Webster’s (R-FL) opening statement emphasizes the importance of rail to the economy, and notes safety and project delivery reforms, and notes that one of the wins in BA250 (yes that’s our acronym) is the return to core infrastructure uses such as bridge.
Subcommittee Ranking Member Nadler’s (D-NY) opening statement is less supportive of the bill that his other colleagues. He notes that the bill falls short on the funding needs for addressing aging infrastructure and the disproportionate balance of funding going toward highways instead of transit in NY. He describes the bill’s focus on highway expansion as short sighted and out of step with current needs. Mr. Nadler’s statement also notes the lack of safeguards against implementation of law being stalled or affected by what he describes as political retaliation such as experienced by the Gateway project in NY. His opening statement does not commit his support.
Mr. Stauber (R-MN) gives an opening statement that proudly commits his support, and offers thanks for inclusion of provisions to address illegal passing of school buses through a NHTSA national safety campaign. Another priority he cites is his parity in engineering procurement provisions. He notes his support for consistent support of Davis Bacon and other worker fairness provisions and his commitment to Buy America policies. He also praises the permitting provisions.
Mr. Carson (D-IN) is next recognized and calls on colleagues to support. He notes his priority on rail crossings, the sustainability provisions, the worker provisions and safety benefits.
Mr. Mann (R-KS) speaks to the significance of the programs to rural America, which he cites as a reason to “get back to basics” e.g. roads, bridge, freight movement, and safety. He also notes his support for the provisions related to agricultural goods movement.
Ms. Titus (D-NV) has an opening statement that speaks at length about the achievements in IIJA, and then transitions to discussing BA250 as a question of whether to move forward and build on the achievements of IIJA or not, and says despite it not including everything she’d want, she’s pleased to support. She notes her interest in a fair vote on the Rail Safety amendment.
Mr. Babin (R-TX) offers his strong support as former merchant seaman, and also notes his support for the project delivery provision, the integration of autonomous driving, safety provisions, and provisions for roads and freight logistics.
Mr. Carbajal (D-CA) discusses the priorities of his that have been included, including Wildlife Crossings, rail programs CRISI and Corridor ID, and the inclusion of an autonomous transportation title. He also notes provisions of concerns: elimination of Low-or-No Emission Bus Program, the structure of EV fees that doesn’t address income disparity and risk of burden on low- and middle-income families, and the absence of both his proposal for a medium-sized transit program and for an infrastructure bank. Overall though he urges colleagues to support.
Mr. Westerman (R-AR) commends his fellow committee chair for a job well done. He says the focus must be on highways and bridges and expresses gratitude for 90% of funding being distributed as formula. His opening statement reminisces about the nightmare of trying to pass a bill during COVID and then having the Senate drop a supposedly bipartisan bill on the House, and hails his happiness for this return to regular order. He also notes that the permitting bill that his committee (HNR) is also working on will enable the highway dollars to be spent more effectively.
Mr. Pappas (D-NH) proudly offers his support and happiness that programs were protected including Safe Streets for All, TAP, and CMAQ, and his happiness that the new bridge formula program was created. Notes that he’ll plan to continue pushing support for rail, rail safety, and other priorities.
Mr. Perry (R-PA) has an opening statement that is less supportive of the overall product than most of his Republican colleagues, noting that there are good provisions and less good, particularly the wasteful spending still included, the continued insolvency of the HTF that is not fully addressed, and the diversion of highway trust fund dollars away from highways. He also notes that it’s not the T&I jurisdiction but that the committee must address the issue of the IIJA “Kill Switch” by the time it gets to the floor.
Ms. Strickland (D-WA) offers support given the maintenance of funding levels from IIJA and other bipartisan wins. She notes her support for provisions to allow communities to use STAG grant funding for transportation demand management programs, and also notes her work to support Metropolitan Planning Organizations and provide MPOs with greater flexibility and support. Her statement also focuses on the pro-housing provisions in the bill as well as the ferry programs and culvert funding that are critical in Washington.
Mr. Johnson (R-SD) offers support, especially for the funding levels for bridges, and investments in tribal and rural infrastructure. His statement also notes his leadership on the provisions to band funding for procurement of rolling stock from adversaries and as well as Chinese LiDAR.
Ms. Sykes (D-OH) notes that she’s excited to work on the provisions in the bill but notes that many provisions are well past due, particularly those responding to the Norfolk Southern train derailment in East Palestine, OH in 2023.
Mr. Bresnahan (R-PA) starts his opening statement discussing the number of bridges in poor condition in Pennsylvania and the slow permitting time for projects to reconstruct them. In particular he notes the importance of funding for locally owned bridges, which he says sit and wait for years, waiting to be funded. He also speaks to his personal experience as a highway contractor and notes the importance of the workzone safety provisions.
Ms. Scholten (D-MI) expresses confidence that BA250 will enable continued progress and is pleased to support, including because of guaranteed funding for highways and transit, enable local communities to make safety improvements, and safeguard small businesses. She also hails the provisions she championed to ensure domestic content provisions for chemical materials for infrastructure.
Mr. Taylor (R-OH) offers his relief to be transitioning away from the disastrous policies of IIJA’s green new deal programs. He focuses on the streamlining, the funding for rail crossing and CRISI grants, and the removal of CDL mills from training provider registry.
Ms. Pou (D-NJ) notes the inclusion of the safe track act to strengthen protections for grade crossings and prevention of suicided. She acknowledges that more work needs to be done but hails the bill’s significant wins, including funding for roads and transit, safe streets for all, research provisions, and the creation of transit ambassadors. She calls the bill a good first step in the right direction.
Ms. Gillen (D-NY) offers strong support for the bill that continues bipartisan commitment to stronger, safer transportation systems. She notes the bipartisan provisions she’s gotten included such as a NHTSA educational campaign on safe installation of car seats, and provisions to address impaired driving and traffic enforcement, including data collection on drug involved crashes.
Mr. Figures (D-AL) notes his eagerness to support the bill to enable investments in projects like the Port of Mobile. He calls the development of BA250 the most inclusive process he’s experienced as a first-term member. Rep. Figures speaks to earmarks, noting his disappointment in their not being included but saying he understands the reasons the majority decided not to include them. (What were the reasons? Someone call and tell me!)
Mr. Frost (D-FL) focuses first on rail grade-crossings and the success of investments from the Railway Highway Crossing Program. He notes that his bill has been included to ensure FHWA offers clear guidance on the use of the funds. He then speaks to an amendment offered by Mr. Bresnahan recognizing the importance of MPO decision making and project selection, since local community members know best what projects are needed.
Ms. King-Hinds (R-Delegate Northern Mariana Islands) thanks the Chairman for the increased funding for territorial highways and ferry programs.
Last but not least!!
Mr. Garamendi (D-CA) falls in the camp of “not perfect but” opening statements. His statement compares the critical funding for the activities authorized under this bill compared to the $1.5 trillion in funding being provided for defense spending, calling on Congress to rethink priorities, and determine whether Congress is correctly directing funding toward the nation’s top priorities. He notes he’ll vote to support the bill.
(RH)
10am Update: Initial Thoughts
Today’s markup should not take as long as the last few markups did, just because the T&I Committee has installed an electronic voting network. Instead of the clerk calling out 60-some names and waiting for each person to say “aye” or “no,” each member just presses a button in front of them and the results are automatically tallied. Each vote takes under one minute instead of four or five minutes each, and it is easier to cluster votes so all members can be present. (JD)
The Eno team will be providing live coverage throughout the day as T&I marks up the BUILD America 250 Act. Check back for updates as the committee considers amendments and votes to amend the bill.
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