U.S. Senate Passes FY 2008 Transportation Appropriations Bill -
$9.593 Billion for Transit, a 6.9 Percent Increase
September 17, 2007
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The U.S. Senate approved the Fiscal Year (FY) 2008 Transportation, Housing and Urban Development and Related Agencies Appropriations bill (THUD) on Wednesday, September 12 by a vote of 88-7. The bill provides $9.593 billion for transit programs in the coming fiscal year, $618.4 million or 6.9 percent more than the FY 2007 enacted level. However, the bill provides $137.7 million less than the level authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The shortfall occurs because only $1.566 billion is appropriated for the New Starts and Small Starts program, rather than the authorized level of $1.7 billion. The Senate-passed bill also provides $3.7 million less than the authorized level for FTA administrative operations. The THUD bill approved by the House earlier this year funds all transit programs at their authorized level, providing a total of $9.731 billion. For a summary of the Senate and House passed funding levels, see the chart below.
FY 2007 Enacted THUD Appropriations Law, FY 2008 SAFETEA-LU Authorized Levels & FY 2008 House and Senate Passed THUD Appropriations Bills
Program |
FY 2007 Enacted |
FY 2008 Authorization |
FY 2008 House Passed |
FY 2008 Senate Passed |
(Millions) |
(Millions) |
(Millions) |
(Millions) |
Total All Programs |
8,974.8 |
9,730.9 |
9,730.9 |
9,593.2 |
Formula Programs Total |
7,262.8 |
7,872.9 |
7,872.9 |
7,872.9 |
§ 5307 Urbanized Area |
3,947.1 |
4,280.3 |
4,280.3 |
4,280.3 |
§ 5311 Rural Area |
467.0 |
506.5 |
506.5 |
506.5 |
§ 5310 Elderly and Disabled |
117.0 |
127.0 |
127.0 |
127.0 |
§ 5317 New Freedom |
81.0 |
87.5 |
87.5 |
87.5 |
§ 5308 Clean Fuels Formula |
45.0 |
49.0 |
49.0 |
49.0 |
§ 3038 Over-the Road Bus |
7.6 |
8.3 |
8.3 |
8.3 |
§ 5309 Fixed-Guideway Modernization |
1,448.0 |
1,570.0 |
1,570.0 |
1,570.0 |
§ 5309 Bus and Bus Facilities |
855.5 |
927.8 |
927.8 |
927.8 |
§ 5305 Planning |
99.0 |
107.0 |
107.0 |
107.0 |
§ 5316 Job Access and Reverse Commute |
144.0 |
156.0 |
156.0 |
156.0 |
§ 5320 Alternative Transportation in Parks |
23.0 |
25.0 |
25.0 |
25.0 |
§ 5335 National Transit Database |
3.5 |
3.5 |
3.5 |
3.5 |
§ 5339 Alternatives Analysis |
25.0 |
25.0 |
25.0 |
25.0 |
§ 5309 Capital Investment Programs Total |
1,566.0 |
1,700.0 |
1,700.0 |
1,566.0 |
Research and University Centers |
61.0 |
65.5 |
65.5 |
65.5 |
FTA Operations |
85.0 |
92.5 |
92.5 |
88.8 |
During floor consideration, two amendments of interest to public transportation were added to the legislation. The first amendment, offered by Senate Banking Committee Chairman Christopher Dodd (D-CT) and THUD Appropriations Subcommittee Chairman Patty Murray (D-WA), prohibits the FTA from implementing a final rule for the New Starts and Small Starts program. This amendment was added in response to dissatisfaction by Congress and transportation stakeholders that in developing the proposed rule the agency did not sufficiently follow guidance provided by SAFETEA-LU and other Congressional directives. For example, the proposed rule undervalues economic development and land use criteria in the rating of New Starts projects and it does not sufficiently simplify the Small Starts project development process. Prior to the bill's passage, APTA urged Senators to adopt the Dodd-Murray amendment.
The second amendment, offered by Senate Banking Committee Ranking Member Richard Shelby (R-AL) and THUD Appropriations Subcommittee Ranking Member Kit Bond (R-MO), limits the amount of Bus and Bus Facility funds that U.S. Department of Transportation (DOT) can use for the Urban Partnership Congestion Initiative (UPCI) in FY 2008. The limitation states that the UPCI program can receive only 10 percent of bus funds that remain available to the FTA after SAFETEA-LU and THUD earmarks are honored. This provision was added in response to criticism of the FTA's decision to distribute virtually all of the FY 2007 Bus and Bus Facilities discretionary funds to the UCPI. While APTA supports many of the concepts embodied in the Urban Partnership Congestion Initiative, funding any single federal initiative at the expense of bus and bus facility needs under the normal program raises serious concerns. It is important to note that neither of these amendments were included in the House version of the legislation, and their inclusion in the bill which is ultimately sent to the President will be decided in the House-Senate conference committee deliberations.
Passage of the Senate bill paves the way for the House-Senate conference to reconcile the two versions of the bill for final passage. Despite passage of the THUD bill in both chambers by wide margins, a conference report is not likely to be completed before FY 2008 begins on October 1. At present, Congress has not completed action on any of the FY 2008 appropriations bills, and congressional negotiators are currently engaged in discussions with the White House on the total level of discretionary spending that should be included in appropriations bills. President Bush has threatened to veto most of the appropriations bills that the House and Senate have passed this year, including both the House and Senate versions of the THUD and Department of Homeland Security spending bills. Congress is likely to pass a continuing resolution to continue to fund the federal government, including FTA programs, until the FY 2008 bills are signed into law.
For more information on the FY 2008 THUD Appropriations bill, please contact Paul Dean of APTA's Government Affairs Department at (202) 496-4887 or email pdean@apta.com.
Action Call!
The House and Senate will begin conference negotiations to produce a final FY 2008 THUD bill in the coming weeks. Please contact your Senators,Representatives and their staffs with the following messages:
Ask Senators and Representatives to support transit funding in the FY 2008 Transportation Appropriations bill at the House-passed level, which at $9.731 billion is the full level authorized and guaranteed by SAFETEA-LU. Urge them to support the Senate-passed provision to prohibit FTA from implementing the agency's proposed New Starts and Small Starts rules. Ask them to support the Senate-passed provision that limits the amount of Bus and Bus Facility funds that U.S. DOT and FTA can use for the Urban Partnership Congestion Initiative in FY 2008.
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