Today, the Senate passed a Continuing Resolution (CR), providing continuing appropriations to fund the federal government through December 20, 2019, by a vote of 74 – 20, clearing the bill for the President. The House of Representatives passed the bill (H.R. 3055) earlier this week by a vote of 231 – 192. The President is expected to sign the bill tonight.

The CR continues funding federal programs (including U.S. Department of Transportation programs) at the same levels as fiscal year (FY) 2019. The CR also continues the provision that blocks the Rostenkowski Test, which requires a 12 percent across-the-board cut to all transit formula funds, through December 20. In addition, the CR repeals section 1438 of the Fixing America’s Surface Transportation Act (FAST Act), which requires a rescission of $7.6 billion of highway contract authority on July 1, 2020. In the APTA Recommendations on Surface Transportation Law, APTA specifically recommends repeal of section 1438 of the FAST Act. See page 20 of APTA Recommendations. To view the CR, please click here.

Senate Commerce Committee Approves Bill Extending TOD Authority for RRIF Loans

On November 13, 2019, the Senate Committee on Commerce, Science, and Transportation approved S. 2805, introduced by Chairman Roger F. Wicker (R-MS). The bill, as amended, extends the authorization for transit-oriented development (TOD) projects for Railroad Rehabilitation and Improvement Financing (RRIF) loans and loan guarantees for two years (through December 4, 2021). The current authority expires on December 4, 2019.

The bill also revises the eligibility criteria for an application to finance economic development, including commercial and residential development and related infrastructure and activities. First, the bill specifies the amount of private investment that a project must include is greater than 20 percent of total project costs. Second, the bill strikes the requirement that a project be “physically or functionally related” to a passenger rail or multimodal station, instead requiring that the project be physically connected to, or within ½ mile walking distance from a passenger rail or multimodal station. Third, it requires an applicant to certify that it will commence the contracting process for construction within 90 days of receiving a loan, as opposed to demonstrating a “high probability” of being able to do so. Fourth, the bill requires that the applicant demonstrate the ability to generate new financial assistance for the relevant passenger rail station or service. This is a change from current law that states that an applicant must have a “high probability of reducing the need for financial assistance under any other Federal program for the relevant passenger rail station or service….”

Finally, the bill requires the Secretary of Transportation to submit a report to Congress every six months identifying the number of applications submitted under this program, the number of loans or loan guarantee provided to applicants, and for each application, the reasons for providing or declining the requested loan or loan guarantee.

APTA sent a letter to the leadership of the Senate Commerce Committee expressing our strong support of their efforts to extend the RRIF loan authority for TOD projects in the bill. To view the letter, please click here. In the APTA Recommendations on Surface Transportation Law, APTA recommends permanently extending eligibility for TOD projects for RRIF loans and loan guarantees. See page 35 of APTA Recommendations.

House T&I Committee Approves H.R. 5139, the Stop Sexual Assault and Harassment in Transportation Act

On Wednesday (November 20), the House Committee on Transportation and Infrastructure approved H.R. 5139, the Stop Sexual Assault and Harassment in Transportation Act, introduced by Chairman Peter A. DeFazio (D-OR). The bill requires multiple modes of transportation, including public transit agencies, commuter and intercity passenger railroads, and transportation network companies (TNCs) to issue formal polices to help track and prevent sexual assaults and sexual harassment incidents on their systems. To view the bill, please click here.

Senate Commerce Committee Holds Hearing on Autonomous Vehicle Safety

On Wednesday (November 20), the Senate Committee on Commerce, Science, and Transportation held a hearing titled, “Highly Automated Vehicles: Federal Perspectives on the Deployment of Safety Technology”. The hearing discussed the witnesses’ perspectives on recommendations for realizing the potential safety, mobility, and efficiency benefits of autonomous vehicles. Witnesses included:

• The Honorable Robert Sumwalt, Chairman, National Transportation Safety Board;
• The Honorable Joel Szabat, Acting Under Secretary of Transportation for Policy, U.S. Department of Transportation; and
• Dr. James Owens, Acting Administrator, National Highway Traffic Safety Administration, U.S. Department of Transportation.

To view the hearing and the testimony of the witnesses, please click here.

House Railroads Subcommittee Holds Hearing on Amtrak

On November 13, the House Subcommittee on Railroads, Pipelines, and Hazardous Materials of the Committee on Transportation and Infrastructure held a hearing titled, “Amtrak Now and Into the Future”. Topics discussed included surface transportation authorization, state-of-good-repair needs, safety, positive train control (PTC), as well as others. Witnesses included:

• Richard Anderson, President and CEO, Amtrak;
• Nancy Nathanson, Representative, Oregon State Legislature;
• Greg Regan, Secretary-Treasurer, Transportation Trades Department, AFL-CIO;
• Stacey Mortensen, Executive Director, San Joaquin Joint Powers Authority;
• Jack Dinsdale, National Vice President, Transportation Communications Union;
• Jim Mathews, President and CEO, Rail Passengers Association; and
• Bob Guy, Illinois State Director, Sheet Metal Air Rail Transportation – Transportation Division.

To view the hearing and the testimony of the witnesses, please click here.

Coalition Letters

On November 14, APTA joined 41 other organizations in a letter to House and Senate leadership urging them to repeal the $7.6 billion FAST Act rescission of highway contract authority by the end of 2019. To view the letter, please click here.

On November 11, APTA joined 66 other organizations in a letter to House and Senate leadership, as well as the Chair and Ranking Members of the House Committee on Ways and Means and Senate Committee on Finance regarding tax provisions that have expired or are scheduled to expire at the end of 2019. The letter requests a retroactive extension of these tax provisions through 2020. To view the letter, please click here.

On October 17, APTA joined 37 other organizations urging Senate Majority Leader Mitch McConnell to commit to scheduling Senate consideration of S. 2302, the America’s Transportation Infrastructure Act (ATIA), this year. To view the letter, please click here.