APTA: Legislative Update

Election Update - Democrats Achieve Majorities in Both Houses

November 9, 2006

While much of the dust is just beginning to settle, results from Tuesday's congressional elections indicate that Democrats will have a fairly sizable majority (about the same as Republicans enjoyed in the 109th Congress) in the U.S. House of Representatives, and a two seat majority in the U.S. Senate.

While the exact final count on Democrats and Republicans in the House of Representatives is still unclear, recent reports indicate that Democrats have taken 229 seats and Republicans have taken 196 seats, with 10 House races still undecided.

In the Senate, Democrats have taken 51 seats (including two Independents who are expected to caucus with Democrats), and Republicans control 49 seats.

The Organizational Process

Both Houses are scheduled to return for a lame-duck session beginning the week of November 13, probably breaking for Thanksgiving on November 17, and possibly returning for about two weeks during the first two weeks of December. Democratic caucuses in both the House and Senate are expected to meet during the week of November 13 to elect their respective party leaders for the 110th Congress. The House and Senate Republican conferences are expected to choose their leaders in either November or December. Generally, respective caucuses meet in November or December to vote on leaders, and to choose their steering committees which then serve as advisory committees in the process of nominating committee chairs, who are formally selected in January.

House and Senate Leaders

Senator Harry Reid (D-NV) and Representative Nancy Pelosi (D-CA) are expected to become, respectively, Senate Majority Leader and House Speaker. Current House Republican Speaker Dennis Hastert (R-IL) has announced he will not run for Minority Leader in the House and no clear favorite has yet emerged. Current Senate Majority Leader Bill Frist (R-TN) did not run for re-election, but Senator Mitch McConnell (R-KY) is the current favorite for Minority Leader. Contested races are likely for the House Democratic Majority Leader and Whip as well as for the Republican Minority Leader position.

Potential Committee Chairs

As for new committee chairs, while they will not formally be decided until Congress returns in January, current ranking Democratic members of committees with jurisdiction over issues of importance to public transportation are likely to be favored in the selection process for committee chairs. Currently, Robert C. Byrd (D-WV) is the ranking Democrat on the Senate Appropriations Committee, Christopher J. Dodd (D-CT) is the ranking Democrat on the Banking, Housing and Urban Affairs Committee, Max Baucus (D-MT) is the ranking Democrat on the Finance Committee, and Joseph I. Lieberman (D-CT) is the current ranking Democrat (though he was elected as an Independent) on the Homeland Security and Governmental Affairs Committee.

Patty Murray (D-WA) is the current ranking Democrat on the Senate Appropriations Subcommittee on Transportation, Treasury, the Judiciary and Housing and Urban Development, and Related Agencies, and Barbara Boxer (D-CA) is the senior Democrat (behind Max Baucus and Joe Lieberman) on the Environment and Public Works Committee, which has jurisdiction over the highway title of the surface transportation authorizing bills. Finally, Kent Conrad (D-ND) is the current ranking Democrat on the Budget Committee.

In the House, ranking members of important transit-related committees include David R. Obey (D-WI) of the Appropriations Committee, James L. Oberstar (D-MN) of the Transportation and Infrastructure Committee, Charles B. Rangel (D-NY) of the Ways and Means Committee, and Bennie G. Thompson (D-MS) of the Homeland Security Committee. Representative John W. Olver (D-MA) is the ranking Democrat on the House Appropriations Subcommittee on Transportation, Treasury, and Housing and Urban Development, The Judiciary, District of Columbia. Also, John M. Spratt, Jr. (D-SC) is the ranking Democrat on the House Budget Committee.

Short-term Legislative Issues

When Congress returns the week of November 13, it is expected to extend the current Fiscal Year (FY) 2007 Continuing Resolution (CR) that provides temporary appropriations for most federal programs. Before the elections, Congress had passed and sent to the President only two regular appropriations bills (Defense and Homeland Security). The current CR funds the other nine appropriations bills through November 17 at the lower of last year's level or the lower of the bills passed this year by the Congress. Since transit and highway funding for FY 2007 was increased in both the House-passed and Senate committee approved versions of the transportation bill, transit and highway programs are currently funded at last year's level. Congress is expected to pass another CR, but it is not clear whether it will try to complete action on remaining FY 2007 appropriations bills during December, or whether that process will be rolled over into the new Congress that begins in January.

Transportation Referenda Score Big

Transportation scored high at the ballot box on Tuesday, winning 21 of 30 measures (3 still pending) totaling $40 billion in urban, suburban, and rural communities across the nation, representing a 70 percent approval rating. Among the winners were state-wide initiatives that included, in California, a bond initiative that provides $19.9 billion for transportation projects, including more than $4 billion for transit projects. In New Jersey, an amendment dedicating $78 million to the current $468 million existing motor fuels tax will help fund the state transportation system. In Rhode Island, $2.3 million in General Obligation (GO) bonds will provide the local share of federal capital funding for the development of a new bus storage/maintenance/administrative facility. In Minnesota, a dedicated car and truck sales tax for transportation is expected to generate approximately $300 million annually. In Salt Lake County, Utah a sales tax could raise about $50 million a year to fund commuter rail, TRAX light rail, and other projects allowing for a completion date of 2015 rather than 2030. With this year's results, voters have approved more than $100 billion for transportation investment since 2000, clearly showing that Americans recognize the need for improved mobility and are willing to pay for it. Additional information can be obtained through the Center for Transportation Excellence at www.cfte.org.

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