APTA: Legislative Update

Continuing Resolution Funds FTA Programs

October 5, 2006

The new federal fiscal year began on October 1, but Congress has completed only two of the eleven Fiscal Year (FY) 2007 appropriations bills that fund federal programs. To continue funding for programs lacking a completed appropriations bill, which includes the federal transit program, the House and Senate approved a Continuing Resolution as part of the FY 2007 Defense Appropriations bill (H.R. 5631, P.L. 109-289) on September 29, and President Bush signed the bill the same day. Congress then adjourned for its pre-election recess.

The continuing resolution provides funds for the Federal Transit Administration's (FTA) administrative expenses through November 17, 2006, but new transit funds will not be available until Congress passes the FY 2007 Transportation Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and Independent Agencies Appropriations bill (H.R. 5576). Under continuing resolutions passed in previous years, FTA has delayed the release of formula apportionments and other new grants until a final appropriations bill is passed. Apportionments and grants made in previous fiscal years should not be affected.

Action Expected on Transportation Appropriations Bill in Lame Duck Session

The House and Senate have scheduled a lame duck session that will begin the week of November 13. The post-election session, called a "lame duck" because it occurs before the newly elected Congress convenes next year, will focus on the completion of the Transportation Appropriations bill and other appropriations measures, but a plan to advance the spending bills has yet to be determined.

The House passed its version of the FY 2007 Transportation Appropriations bill in June, but the Senate has not acted on the bill approved in July by the Senate Appropriations Committee. Senators could pass their committee-reported bill as a stand-alone bill and then proceed to a conference with the House, but it is also likely that the transportation bill will be included in an omnibus appropriations measure that incorporates several appropriations bills. If Congress utilizes an omnibus in order to finish the appropriations process quickly, the conference might use the legislative text reported by the Senate Appropriations Committee and the House-passed bill.

ACTION CALL!

Senators and Representatives will be in their districts in the weeks leading up to the November 7 election. Please try to speak to your Senators, Representatives and their staffs at public events or contact their offices with the following message:

Ask Senators and Representatives to support transit funding in the FY 2007 Transportation Appropriations bill at the House-passed level, which at $8.979 billion is $4 million above the level authorized and guaranteed by SAFETEA-LU.

The House-passed Transportation Appropriations bill funds the federal transit program above SAFETEA-LU's authorized $8.975 billion level at $8.979 billion. The bill approved by the Senate Appropriations Committee funds FTA programs at an $8.875 billion level, $100 million below the level authorized and guaranteed by SAFETEA-LU, but it otherwise adheres to the authorization legislation. The House-passed bill would provide a 5.6 percent increase in funding over FY 2006, while the Senate committee-passed bill would provide a 4.4 percent increase.

For information on the FY 2007 Transportation Appropriations bill, please contact Rob Healy of APTA's Government Affairs Department at (202) 496-4811 or email rhealy@apta.com.

Homeland Security Appropriations Bill Approved by Congress

On September 29, the House and Senate approved the FY 2007 Department of Homeland Security Appropriations conference report (H.R. 5441), and President Bush subsequently signed the bill on October 4. The legislation provides $175 million for transit and rail security funding, a $25 million increase over the amount provided for transit security in the FY 2005 and FY 2006 Homeland Security Appropriations laws (P.L. 108-334 and P.L. 109-90). The Department of Homeland Security will now decide how much funding will be allocated to transit and which transit authorities will be eligible for funding. Prior to conference, the Senate-passed bill included $150 million for transit and rail security funding. The House version provided $200 million for the program.

Transit Security Funding Dropped from Port Security Bill

On September 14, the Senate approved the Port Security Improvement Act of 2006 (H.R. 4954) by a vote of 98-0. The bill included an amendment which authorized $3.5 billion for public transportation security grants over three years for both capital and operational security improvements. The amendment was based on legislation that passed the Senate Banking Committee earlier last fall, and it was offered on the Senate floor by Chairman Richard Shelby (R-AL) and Ranking Member Paul Sarbanes (D-MD). The amendment was also supported by Chairman Susan Collins (R-ME) and Ranking Member Joe Lieberman (D-CT) of the Senate Homeland Security and Government Affairs Committee, and it was added to the port security bill on September 12 by voice vote.

The House had previously approved a port security bill that did not address transit security. The House and Senate held conference negotiations during the last two weeks of September, but the final conference report for the bill as approved on September 29 contained no provisions or authorizations for public transportation security. Near the end of negotiations, the House passed a non-binding motion in a 281-140 vote on September 28 that instructed House conferees to accept the Senate's public transportation security provisions, but the Senate provisions were stripped from the conference report due to opposition by both the House leadership and the Administration.

For more information on transit security issues, please contact Tom Yedinak of APTA's Government Affairs Department at (202) 496-4865 or email tyedinak@apta.com.

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