Senate Committee on Appropriations
Advances FY 2024 Transportation Appropriations Bill
Provides Overwhelming Majority of Public Transit and Passenger Rail Authorized by Bipartisan Infrastructure Law
Yesterday (July 20), the Senate Committee on Appropriations marked up S. 2437, the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2024 (THUD Appropriations Act). The bipartisan legislation was reported unanimously, with a 29-0 vote, from the Senate Committee. Earlier this week, (July 18), the House Committee on Appropriations marked up its THUD Appropriations bill (H.R. ____) and approved it on a party-line vote of 34-27. View APTA’s Legislative Alert on the House THUD Appropriations bill.
The Senate THUD Appropriations bill appropriates the overwhelming majority of public transit and passenger rail funding authorized by the Infrastructure Investment and Jobs Act (IIJA). Specifically, the Senate THUD Appropriations bill, together with the IIJA’s advance appropriations, provides a total of $21.1 billion for public transit in Fiscal Year (FY) 2024, a decrease of $103 million (-0.5 percent) from the FY 2023 enacted level and $2.2 billion more than the House THUD Appropriations bill. The bill, together with the IIJA’s advance appropriations, provides $4.05 billion for Capital Investment Grants (CIG), an increase of $240 million from FY 2023 enacted levels, and $2.1 billion more than the House THUD Appropriations bill, which slashed CIG funding to the lowest level in two decades.
In addition, the Senate THUD Appropriations bill and IIJA provide $16.7 billion for passenger and freight rail in FY 2024, an increase of $48 million (0.3 percent) from the FY 2023 enacted level, and $2 billion more than the House THUD Appropriations bill. The bill appropriates $2.45 billion for Amtrak, a significant difference from the House bill.
The Senate THUD Appropriations bill also includes important policy provisions, such as providing a 100 percent Federal share for § 5310 Enhanced Mobility of Seniors & Individuals with Disabilities and § 5311 Rural Area formula grants obligated in FY 2024. It does not include the troubling policy riders, such as prohibiting actions on equity action plans and greenhouse gas emissions measures, included in the House THUD Appropriations bill.
Public Transit
The Senate THUD Appropriations bill and IIJA provide $21.1 billion for public transit in FY 2024, a decrease of $103 million (-0.5 percent) from the FY 2023 enacted level and $2.2 billion more than the House THUD Appropriations bill (12 percent). This total funding is $524 million (-2.4 percent) less than the amount authorized in the IIJA.
The bill fully funds the public transit contract authority of $13.99 billion as provided by the IIJA, an increase of $356 million (2.6 percent) from the FY 2023 enacted level.
The Senate THUD Appropriations bill and IIJA provide $4.05 billion for Capital Investment Grants, an increase of $240 million (6.3 percent) from the FY 2023 enacted level and $2.1 billion more than the House THUD Appropriations bill, which cut CIG funding to the lowest level since 2003. Currently, communities are requesting more than $49 billion of CIG funds in FY 2024 and subsequent years to construct 69 projects in 23 states. View APTA’s CIG Project Pipeline Dashboard.
The Senate THUD Appropriations bill provides an additional $268 million for specific initiatives, including: $80 million for Buses and Bus Facilities Competitive Grants; $46 million for Low-No Emission Bus Grants; $43 million for Passenger Ferry and Rural Ferry Grants; $10 million for the accelerating innovative mobility initiative, and $82 million for Congressionally directed spending for specific public transit projects.
The Senate THUD Appropriations bill includes several important transit policy provisions. Consistent with President Biden’s FY 2024 Budget request, section 167 authorizes a 100 percent Federal share for § 5310 Enhanced Mobility of Seniors & Individuals with Disabilities and § 5311 Rural Area formula grants obligated in FY 2024. For Indian Tribes, section 167 also authorizes a 100 percent Federal share for Buses and Bus Facilities Competitive Grants and Low-No Emission Bus Grants.
In addition, section 163 blocks the Rostenkowski Test, preventing a possible across-the-board cut of FY 2024 transit formula funds to each public transit agency. Section 164 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.
Finally, consistent with President Biden’s FY 2024 Budget request, the Senate THUD Appropriations bill expands public transit agencies’ authority to acquire land prior to completion of National Environmental Policy Act (NEPA) review. Specifically, section 168 amends 49 U.S.C. § 5323(q) by replacing the term “right-of-way” with “real property interests”, thereby expanding the opportunity for broader property acquisition prior to the completion of environmental reviews. APTA strongly supports this provision to bring Federal Transit Administration’s property acquisition authority into parity with Federal Highway Administration programs. View APTA’s Fact Sheet on Real Property Acquisition.
View APTA’s Public Transit Funding Table of the Senate and House THUD Appropriations bills.
Passenger Rail
The Senate THUD Appropriations bill and IIJA provide $16.7 billion for passenger and freight rail in FY 2024, an increase of $48 million (0.3 percent) from the FY 2023 enacted level and $2 billion more than the House THUD bill (14 percent). This total funding is $3.6 billion (-18 percent) less than the amount authorized in the IIJA. The legislation also includes an additional $32 million for the Federal Railroad Administration to bolster railway safety operations, inspectors, and research, including wayside detection technology and rail carrier response protocol to set an efficient industry-wide standard in response to the East Palestine, Ohio train derailment.
Specifically, the bill appropriates $2.45 billion for Amtrak grants ($1.3 billion for the National Network and $1.1 billion for the Northeast Corridor), which is $1.5 million (0.1 percent) more than the FY 2023 enacted level. Conversely, the House THUD Appropriations bill only provided $876 million for Amtrak grants.
The Senate THUD Appropriations bill provides $573 million for Consolidated Rail Infrastructure and Safety Improvements (CRISI) grants, an increase of $13 million (2.3 percent) from the FY 2023 enacted level. The CRISI grants include $73 million for Congressionally directed spending for designated CRISI projects. The Senate THUD Appropriations bill also allows CRISI grants to be used for commuter railroad projects that implement or sustain positive train control systems. The House THUD Appropriations bill does not authorize any commuter rail project eligibility for CRISI funds.
The Senate bill provides $100 million in additional funding for the Federal-State Partnership for Intercity Passenger Rail grants.
Finally, unlike the House bill, the Senate THUD Appropriations bill does not include the controversial policy rider to prohibit any funding for the California High-Speed Rail Authority project.
View APTA’s Passenger Rail Funding Table of the Senate and House THUD Appropriations bills.
U.S. Department of Transportation Programs
The Senate THUD Appropriations bill provides $800 million, in addition to the $1.5 billion of advance appropriations included in the IIJA, for the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) competitive grant program for surface transportation projects, including public transportation and multi-modal projects. This amount equals the FY 2023 additional appropriation. However, the legislation does not provide additional appropriations for the Mega grant program.
View the Senate Committee on Appropriations Summary of S. 2437, the THUD Appropriations Act.
View S. 2437, the THUD Appropriations Act.
View the Committee Report (S. Rpt. 118-70) of S. 2437, the THUD Appropriations Act.
View the Disclosure of Congressionally Directed Spending Items of S. 2437, the THUD Appropriations Act.
View the Manager’s Amendment to S. 2437, the THUD Appropriations Act.
Coalition Letter to President Biden on Teamsters and UPS Contract Negotiations
Yesterday (July 20), APTA, together with more than 200 organizations, sent a Coalition letter to President Biden urging the Administration to assist the International Brotherhood of Teamsters (Teamsters) and the United Parcel Service (UPS) by convening both parties to help reach a new contract agreement. The Teamsters recently announced negotiations with UPS on a new labor contract would resume beginning next week after disagreements previously led to a two-week pause. To avoid any potential service disruptions, a timely resolution is needed before the current contract expires on August 1, 2023.
View the Coalition letter to President Biden.
