APTA: Washington Report

109th Congress - Timetable, TEA 21 Reauthorization, and Committee Update

January 31, 2005

The 109th Congress officially began on January 4 with the swearing in of members at the Capitol. The coming months will be an important legislative period for the transit community, as Congress develops a Fiscal Year 2006 Budget Resolution and the Fiscal Year 2006 appropriations bills, and renews its effort to reauthorize TEA 21. A timetable of upcoming key legislative events is set forth below in chronological order, along with an update on the TEA 21 reauthorization effort. Membership changes on key congressional committees are also discussed below.

Timetable

State of the Union Address

President Bush outlines his priorities for the year in the State of the Union address on February 2; they include: social security reform, tax code reform, tort reform, and reducing the federal budget deficit. The speech will be available on the White House website at www.whitehouse.gov.

President's Fiscal Year 2006 Budget Submission

The Administration will submit its annual budget proposal to the Congress on February 7. It is expected to recommend fiscal restraint on domestic discretionary spending (of which the federal transit and highway programs are a part), and propose reductions in some areas, in an effort to reduce the federal deficit. The budget will also include the latest Highway Trust Fund (HTF) revenue projections from the U.S. Treasury Department. These revenue projections, and related ones by the Congressional Budget Office, will play a role in the debate over transit and highway funding levels in the appropriations process and TEA 21 reauthorization.

Congressional Action on the Budget

During February, March, and early April, the House and Senate Budget Committees will hold hearings on the President's budget proposal as they develop a Budget Resolution. The Budget Resolution is not a law signed by the President, but serves as an overall template for congressional spending and tax legislation, including appropriations, for the coming fiscal year.

The target date for its completion is April 15, but Congress often fails to complete the resolution by that date. Congress never did agree on a Budget Resolution for FY 2005, and appropriators based FY 2005 appropriations on the FY 2004 Budget Resolution and elements of the FY 2005 Budget Resolution approved by each house.

Supplemental Appropriations; Fiscal Year 2006 Appropriations Process

The annual appropriations process often begins with consideration of a supplemental appropriations bill for the current fiscal year (FY 2005). In that regard, the President's budget request is expected to request about $80 billion in additional FY 2005 funding for Iraq and Afghanistan war expenses, and perhaps $900 million for tsunami relief. Consideration of the new budget - for FY 2006 - traditionally begins in the spring after passage of the Budget Resolution and continues throughout the summer and fall. Appropriations bills could be delayed if the Budget Resolution is not completed, as happened last year. The new appropriations leadership in both houses has pledged that bills for the Department of Defense and Homeland Security appropriations will be the first bills to be passed, as was the case last year.

The fiscal year ends September 30, but Congress often is unable to finish the appropriations process before then and passes a series of "Continuing Resolutions" to fund programs at current levels until the process is completed. The last two years a number of unfinished appropriations bills, including the transportation bill that provides funding for highway and transit programs, have been combined into one large omnibus bill.

Congressional Recesses and Adjournment: Congress is expected to recess during the following periods: February 21 - 25, March 21 - April 1, May 30 - June 3, July 4 - 8, and the month of August. The target adjournment date is September 30.

The dates and timeframes noted above are approximate. Delays are possible due to a large slate of important issues, a tight legislative calendar, and unforeseen events. For more information, please contact Josh Fudge of APTA's Government Affairs Department at (202) 496-4810 or email jfudge@apta.com.

TEA 21 Reauthorization Update

Reports are that House and Senate leadership are trying to reach an agreement with the Administration on an overall funding level for a multi-year transit and highway bill. Twenty-four Republican Senators sent a letter to the President January 27 noting that an inadequate Administration reauthorization proposal would hamper efforts to get "an equitable distribution of federal transportation funds among both donor and donee states, needed safety improvements, transit improvements, and job creation." The letter is signed by Republican leaders of the Senate EPW, Banking, Commerce and Finance Committees, who will be key to any successful reauthorization effort in the Senate. Staff of congressional authorizing committees, including House and Senate tax-writing committees, is beginning to draft bills which are likely to be similar to those passed last year, possibly with new funding levels. The formal part of the process will likely begin in March with markups in authorizing Committees. Congress must act to reauthorize or extend TEA 21 by May 31, when the current extension is set to expire.

Finally, note that the T&I Committee has asked that all earmarks for the new authorization bill be submitted by February 7. Projects earmarked last year do not automatically roll over and must be resubmitted this year. Visit the Committee's website at http://www.house.gov/transportation/ for more information.

MESSAGE TO CONGRESS: GET IT DONE RIGHT…NOW!

Urge your congressional delegation to support passage of a well-funded, fully-guaranteed TEA 21 reauthorization bill as soon as possible. Point out your funding needs and the cost of inaction and delay to your community and riders.
Make plans now to attend the annual APTA Legislative Conference, March 6-8, in Washington to support reauthorization and transit funding efforts at a critical time.

For more information, please contact Rob Healy of APTA's Government Affairs Department at (202) 496-4811 or email rhealy@apta.com.

New Members Join Transportation Committees

As the 109th Congress begins, many new members have been assigned to the congressional committees that have jurisdiction over transportation programs. While most full committee assignments have been made, subcommittee assignments have not yet been completed, especially on House and Senate appropriations subcommittees, where significant reorganization of the subcommittee structure is under consideration (see below). For the most recent membership rosters of transportation-related committees, visit the Government Affairs section of www.apta.com.

Jurisdiction over some transit and general transportation-related issues, especially homeland security in the House of Representatives, has changed. Many of these jurisdictional issues will be further sorted out as the 109th Congress moves forward.

House Transportation and Infrastructure (T&I)

Unlike the Senate, where jurisdiction over transportation issues is split among several committees, the House T&I Committee has jurisdiction over most transportation issues, including the reauthorization of TEA 21. Its role in transportation security may be changed by the creation of the new House Homeland Security Committee, though aspects of this issue remain to be resolved (see below).

Rep. Don Young (R-AK) returns as committee chairman, and Rep. James Oberstar (D-MN) returns as ranking member. The T&I Committee is the largest in the Congress, and its membership in the 109th Congress will tentatively be made up of 41 Republicans and 34 Democrats. Ten Republicans and five Democrats have left the Committee since last year, and will be replaced by eleven and five new members, respectively.

The T&I Subcommittee on Highways, Transit, and Pipelines is where transit and highway issues originate. Rep. Tom Petri (R-WI) returns as subcommittee chairman. Former Ranking Member Bill Lipinski retired from Congress and has been replaced by Rep. Peter DeFazio (D-OR).

The Subcommittee on Railroads has jurisdiction over most passenger and commuter rail issues. Former chairman Jack Quinn retired and has been replaced by Rep. Steve LaTourette (R-OH). The ranking member is Rep. Corrine Brown (D-FL).

House Appropriations Committee

This year, because of term limits imposed on House Committee chairmen by the majority, former chairman C.W. "Bill" Young of Florida has been replaced by Rep. Jerry Lewis (R-CA). Chairman Lewis previously served as a member of the Subcommittee on Transportation, Treasury, and Independent Agencies, and was supportive of transit and is familiar with its issues. Rep. David Obey (D-WI) returns as the ranking member of the committee.

House Majority Leader Tom DeLay (R-TX) has proposed a reorganization of the House Appropriations Committee which, if adopted, could result in fewer subcommittees on the committee - possibly ten in place of the current thirteen. This will be resolved over the next few weeks. One possibility being discussed is that HUD would be added to the Transportation-Treasury subcommittee. In all likelihood, Rep. Ernest Istook (R-OK) will be replaced as chairman of the new transportation, treasury and HUD appropriations committee by Rep. James T. Walsh (R-NY). It is unclear at this time who would be named ranking member.

The Subcommittee on Homeland Security sets funding for Department of Homeland Security programs, including those in the Transportation Security Administration (TSA) and Office of Domestic Preparedness (ODP) for which transit is eligible. Rep. Harold Rodgers (R-KY) will return as chairman of this subcommittee; and Rep. Martin Olav-Sabo (D-MN) will return as ranking member.

House Budget Committee

The Budget Committee develops the Congressional Budget Resolution. Rep. Jim Nussle (R-IA) returns as chairman and Rep. John Spratt (D-SC) returns as ranking member.

House Ways and Means Committee

The Ways and Means Committee has jurisdiction over tax law, including the federal motor fuels tax which funds the Highway Trust Fund. Rep. William Thomas (R-CA) returns as chairman and Rep. Charles Rangel (D-NY) returns as ranking member.

House Homeland Security Committee

This newly-created committee replaces the former Select Committee on Homeland Security. As a permanent committee it has more power and jurisdiction than did the select committee. Transportation security jurisdiction has not yet been completely resolved. While the new Homeland Security Committee has jurisdiction over the Department of Homeland Security and therefore over the Transportation Security Administration, the House T&I Committee retains jurisdiction over DOT and its agencies, including spending from the Highway Trust Fund and a range of transportation safety issues.

The chairman of the new committee is Rep. Chris Cox (R-CA), and the ranking member is Rep. Benny Thompson (D-MS). APTA staff recently met with both majority and minority staff to familiarize them with transit security issues.

Senate Banking, Housing, and Urban Affairs

In the Senate, this committee has jurisdiction over transit issues, including TEA 21 reauthorization and transit security. In the 109th Congress, it will be made up of 11 Republicans and 9 Democrats. Sen. Richard Shelby (R-AL) returns as chairman and Sen. Paul Sarbanes (D-MD) returns as ranking member.

The Subcommittee on Housing and Transportation works most closely with transit-related issues, including transit security. Sen. Wayne Allard (R-CO) returns as chairman and Sen. Jack Reed (D-RI) returns as ranking member.

Senate Environment and Public Works (EPW)

This committee has jurisdiction over highway issues, many of which affect transit - for example, the Congestion Mitigation and Air Quality program. Returning Chairman James Inhofe (R-OK) served as the Senate's chairman of the conference committee on TEA 21 reauthorization in the last Congress. Sen. James Jeffords (I-VT) returns as the ranking member.

The Subcommittee on Transportation and Infrastructure is where transportation-related bills originate. Sen. Kit Bond (R-MO) returns as chairman and Sen. Max Baucus (D-MT) has become ranking member.

Senate Commerce Committee

The Senate Commerce Committee has jurisdiction over rail issues, including rail security. Due to term limits imposed by the majority, former Chairman John McCain has been replaced by Sen. Ted Stevens (R-AK), former chairman of the Senate Appropriations Committee. Sen. Stevens has proposed a reorganization of the committee that would create two new subcommittees and give more power to subcommittee chairmen. Sen. Daniel Inouye (D-HI) takes over as ranking member, replacing the retired Fritz Hollings (D-SC). The Subcommittee on Surface Transportation and Merchant Marine will be chaired by Sen. Kay Bailey-Hutchison (R-TX) and the ranking member will be Sen. Inouye.

Senate Appropriations Committee

Due to term limits, Sen. Ted Stevens was replaced as chairman by Sen. Thad Cochran (R-MS). Sen. Robert Byrd (D-WV) returns as ranking member. The Subcommittee on Transportation, Treasury, and General Government is where the appropriations bill for transit is handled. If the House proposal to reorganize appropriations subcommittees is successful, the Senate is expected to make similar changes to its subcommittee structure. If the current subcommittee structure is maintained, Sen. Richard Shelby (R-AL) is expected to return as chairman of the Transportation Subcommittee, and Sen. Patty Murray (D-WA) would return as ranking member. The subcommittee on Homeland Security will be chaired by Sen. Cochran and Sen. Byrd is the ranking member.

Senate Budget Committee

The Senate Budget Committee writes the Senate's version of the Budget Resolution. Sen. Judd Gregg (R-NH) is the new chairman, replacing Sen. Don Nickles (R-OK), who retired. Sen. Kent Conrad (D-ND) returns as ranking member.

Senate Finance Committee

This committee has jurisdiction over tax law in the Senate, including the federal motor fuels tax. Sen. Charles Grassley (R-IA) returns as chairman and Sen. Max Baucus (D-MT) returns as ranking member.

For more information, please contact Josh Fudge of APTA's Government Affairs Department at (202) 496-4810 or email jfudge@apta.com.

Some of these pages may include links to documents in the Adobe PDF format. Please download the Adobe PDF reader if you have not already done so.