Today, House and Senate Appropriations Committee Leaders unveiled H.R. 2471, the Consolidated Appropriations Act, 2022, which represents a bipartisan, bicameral agreement on Fiscal Year (FY) 2022 appropriations legislation. Division L of the legislation constitutes the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 (THUD Appropriations bill).
The THUD Appropriations bill provides $16.3 billion for public transit, an increase of $3.3 billion from the FY 2021 THUD Appropriations Act. When combined with the advance appropriations included in the Infrastructure Investment and Jobs Act (IIJA), Congress provides $20.5 billion for public transit in FY 2022, an increase of $7.6 billion (58 percent) from the FY 2021 enacted level.
The legislation also provides $3.4 billion for passenger and freight rail investments, an increase of $483 million from the FY 2021 enacted level. When combined with the advance appropriations included in the IIJA, Congress provides $16.6 billion for passenger and freight rail in FY 2022, an increase of $13.7 billion (475 percent) from the FY 2021 enacted level.
Thus, the THUD Appropriations bill fully funds the public transit contract authority and appropriates the overwhelming majority of the additional public transit and passenger rail funding authorized by the IIJA. On February 11, 2022, APTA urged THUD Appropriations Subcommittee leaders to fully fund the IIJA. Please click here to view APTA’s letter regarding the THUD Appropriations bill.
Please click here to view the text of the Consolidated Appropriations Act and the Joint Explanatory Statement of the THUD title.
Public Transit
Together, the THUD Appropriations bill and IIJA provide $20.5 billion for public transit in FY 2022, an increase of $7.6 billion (58 percent) from the FY 2021 enacted level.
The THUD Appropriations bill fully funds the public transit contract authority of $13.4 billion as provided by the IIJA. It also appropriates $2.2 billion for Capital Investment Grants (CIG), including $1.459 billion for New Starts, $345 million for Core Capacity projects, $322 million for Small Starts, and $100 million for the Expedited Project Delivery for CIG Pilot Program. Please click here to view APTA’s CIG Project Pipeline Dashboard of current CIG projects.
Within the public transit appropriation, the legislation sets aside $201 million for congressionally directed spending on designated public transit projects.
In addition, the THUD Appropriations bill prohibits the U.S. Department of Transportation (DOT) from impeding or hindering a project from advancing or approving a project seeking a CIG federal share of more than 40 percent and from implementing any policies that require a CIG project to receive a medium or higher project rating before finalizing an environmental impact statement. The legislation also authorizes projects in the Expedited Project Delivery for CIG Pilot Program to be eligible for funding under the CIG program without further evaluation or rating.
Finally, Section 163 of the THUD Appropriation bill includes language blocking the Rostenkowski Test to prevent an across-the-board cut of FY 2022 transit formula funds to each public transit agency.
Passenger Rail
Together, the THUD Appropriations bill and IIJA provide $16.7 billion for passenger and freight rail in FY 2022, an increase of $13.7 billion (475 percent) from the FY 2021 enacted level.
The THUD Appropriations bill provides $3.4 billion for passenger rail investments, including $2.3 billion for Amtrak grants ($1.45 billion for National Network grants and $875 million for the Northeast Corridor), $625 million for Consolidated Rail Infrastructure and Safety Improvement (CRISI) grants, and $100 million for Federal-State Partnership for Intercity Passenger Rail grants. Within the CRISI appropriation, the legislation sets aside $121 million for congressionally directed spending on designated CRISI projects. The THUD Appropriations bill also expands the eligible use of CRISI grants to include commuter rail projects to implement or sustain positive train control systems.
U.S. Department of Transportation Programs
The legislation provides $775 million for Rebuilding American Infrastructure with Sustainability and Equity (RAISE) competitive grants (formerly BUILD and TIGER grants) for surface transportation projects, including public transportation and multi-modal projects. When combined with the advance appropriations included in the IIJA, Congress provides $2.3 billion for RAISE grants in FY 2022, an increase of $1.3 billion from the FY 2021 enacted level.
