TEA 21 Reauthorization Review
August 4, 2004
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TEA 21 Reauthorization Review
As reported in the July 23 Legislative Update, the Conference
Committee on TEA 21 reauthorization has been working to try to reach agreement
on an overall six-year funding level for the reauthorization bill. While a
number of minor, non-controversial issues have been settled, Committee members
have determined that agreement on the overall funding level must be reached
before any further progress can be made. The Senate passed a bill that provides
$318 billion in contract authority (CA) and $301 billion in guaranteed spending,
while the House-passed bill provides $284 billion in CA and $279.5 billion
in guaranteed spending. Both bills generally retain the historic split in
highways and transit funding.
Conferees met July 20 and July 22, and during that time Senate Chairman Inhofe
(R-OK) made an offer to House members for a level of $301 billion in total
CA and $289 billion in guaranteed funding. Though the proposal lacked funding
details, Senator Inhofe stated that the offer included a number of conditions,
including preservation of the historic highways/transit funding split. On
July 22, House Republicans responded with an offer of $299 billion in CA and
$284 billion in guaranteed funds. House Ways and Means Chairman Thomas (R-CA)
stated that the President would sign a bill consistent with the House proposal,
though the Administration has not publicly confirmed its support for any bill
that includes a funding level higher than its original proposal of $256 billion
for six years.
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Action Call!
With Congress on recess in August, we need your help
to make the case with your congressional delegation as follows:
Reauthorization: Congress needs to enact
a long-term transit and highway bill that guarantees adequate investment
in our transit and highway infrastructure and preserves the historic
split between transit and highway investment. Urge your congressional
delegation to support a bill that sets funding as close to the Senate-passed
level of $318 billion, with $56.5 billion for transit, as possible.
Appropriations: House and Senate appropriators
should fund the federal transit program at the highest level possible
in the FY 2005 appropriations process. Ask your delegation to support
transit funding in FY 2005 at no less than the FY 2005 funding levels
they voted for in the House-passed reauthorization bill (H.R. 3550)
- $7.75 billion, and in the companion Senate-passed bill (S. 1072) -
$8.65 billion. Urge them not to change the longstanding and carefully
balanced program allocation structure set forth in existing law.
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While the funding levels are not far apart, Senate conferees were not particularly
supportive of the House proposal, but Conference Committee Chairman Inhofe
directed staff to analyze during the August recess how the funding levels
in the House proposal would affect the states and individual programs.
Before leaving for the August break on July 26, Congress passed and the President
signed a short-term bill that extends current transit authorizing law through
September 30 and highway law through September 24. Highway law was extended
for a shorter period because some Members want to preserve the option to authorize
high priority highway projects for FY 2004. With Congress returning on September
7, the Congress has less than a month to conclude work on the 13 appropriations
bills and either complete work on a long-term reauthorization or pass another
temporary extension.
For more information on TEA 21 reauthorization, please contact Rob Healy
in the Government Affairs Department at (202) 496-4811, or rhealy@apta.com.
Fiscal Year 2005 Appropriations Review
Also as noted in our July 23 Legislative Update, the House Committee on Appropriations
on July 22 approved the FY 2005 Transportation-Treasury appropriations bill,
which would provide $7.249 billion for the federal transit program, a $16
million cut from FY 2004. The bill would fund highways at $34.6 billion, the
amount authorized by the House-passed TEA 21 reauthorization bill and an increase
of $1 billion over last year's enacted levels. Amtrak would be funded at $900
million (a cut of $300 million from last year) which includes $600 million
for capital improvements and $60 million for commuter rail service continuity.
The bill would increase funding for formula programs by more than $223 million,
and cut funding for the New Starts program by $286 million (though the net
cut for new starts is approximately $128 million because the committee recaptures
$158 million in prior year bus and new start earmarks). The draft committee
report accompanying the bill also contains language directing the FTA, in
evaluating proposed new start projects, to place greater emphasis on some
factors - such as cost-effectiveness and ridership - and less emphasis on
other factors - such as land use. This language appears to contradict statutory
language that requires FTA to consider a variety of factors equally. Other
language in the draft report would limit FTA's role in transit security activities.
More details on the FY 2005 appropriations bill as approved by the House Committee
on Appropriations are available in the July 23 Legislative Update. The House
Committee-approved bill does not yet have a bill number, and no committee
report has been filed.
The Senate Subcommittee on Transportation, Treasury, and General Government
has not yet scheduled a markup of its bill. It is increasingly likely that
the House and Senate transportation appropriations bills may be combined with
other appropriations bills into an omnibus bill, as House and Senate leaders
seek to complete appropriations bills by the start of the federal fiscal year
on October 1.
For more information on FY 2005 appropriations, please contact Rob Healy
in the Government Affairs Department at (202) 496-4811, or rhealy@apta.com.
Homeland Security Appropriations Review
Fiscal Year 2005 should mark the first that time Congress will specify funding
for transit security. On June 18, the House approved by a 400-5 vote, a $32
billion Homeland Security Appropriations bill for FY 2005 (H.R. 4567; House
Report 108-541). The legislation would provide $4.1 billion for programs to
support state and local first responders, including $1 billion for the high-density,
high-threat urban areas grant program. Within the $1 billion total, not less
than $100 million would be dedicated to rail security, including intercity
rail, and transit security systems. The bill would fund the Transportation
Security Administration (TSA) at $5.7 billion, including $11 million for rail
security demonstration projects.
On June 17, the Senate Committee on Appropriations approved a bill (S. 2537;
Senate Report 108-280) that would provide $32 billion in funding for the Department
of Homeland Security for FY 2005. The legislation would provide $3.75 billion
for programs to support state and local first responders, including $150 million
for rail and transit security grants under the Office of State and Local Government
Coordination and Preparedness. The measure would also fund the TSA at $5.2
billion, which includes $15 million for rail security. The bill would provide
$23.89 million for high explosives countermeasures for commuter and passenger
rail environments under the DHS science and technology program. In sum, the
bill would provide nearly $190 million in funds for rail and transit security
in FY 2005.
Congressional Republican Leadership has indicated it wants the Homeland Security
Appropriations bill passed as a stand-alone appropriations bill, instead of
being combined with others into an omnibus as may happen with Transportation-Treasury.
The Senate is expected to take up the Homeland Security appropriations bill
soon after it returns from the summer recess, and a Conference Committee can
be expected to take action shortly thereafter.
For further information, contact Tom Yedinak in the APTA Government Affairs
Department at (202) 496-4865 or tyedinak@apta.com.
APTA Testifies on Security Information Sharing
On August 3, APTA Government Affairs Vice President Dan Duff testified before
the House Government Reform Committee, which was holding a hearing on the
9/11 Commission's report and recommendations. Mr. Duff testified on: the role
of the Public Transportation Information Analysis Center, and the need for
DHS to provide funding for its continued operation; the need for DHS and DOT
to enter into a memorandum of understanding regarding their respective roles
and responsibilities for public transportation security; and expressed APTA's
support of the 9/11 Commission's recommendation that DHS develop a strategic
plan and budget for transportation security, particularly in light of the
$6.5 billion in transit security needs identified in an APTA survey. The testimony
is on the Government Affairs section of the APTA website at www.apta.com.
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