[Senate Report 111-61]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 132
111th Congress                                                   Report
                                 SENATE
 1st Session                                                     111-61

======================================================================



 
              PUBLIC TRANSPORTATION EXTENSION ACT OF 2009

                                _______
                                

                 July  29, 2009.--Ordered to be printed

                                _______
                                

 Mr. Dodd, from the Committee on Banking, Housing, and Urban Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1533]

    The Committee on Banking, Housing, and Urban Affairs, 
having had under consideration an original bill (S. 1533) to 
provide an extension of public transportation programs 
authorized under the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users having considered 
the same, reports favorably thereon and recommends that the 
bill do pass.

                            I. INTRODUCTION

    On July 23, 2009, the Senate Committee on Banking, Housing, 
and Urban Affairs met in executive session and considered an 
original bill, entitled the ``Public Transportation Extension 
Act of 2009,'' a bill to extend public transportation programs 
authorized under the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59). 
The Committee voted by voice vote to favorably report the bill 
to the Senate.

                             II. BACKGROUND

    The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (SAFETEA-LU) expires on 
September 30, 2009. Without a reauthorization or extension of 
the current law, Congress cannot fund public transportation 
programs after September 30, 2009. This bill extends the 
current law through March 31, 2011.

                    III. SECTION-BY-SECTION ANALYSIS

Section 1: Short title

    This section provides the Short Title of the bill ``Public 
Transportation Extension Act of 2009''.

Section 2: Allocation of funds for planning programs

    This section provides that the formula for allocating 
planning funds between metropolitan planning programs and State 
planning programs will continue through March 31, 2011.

Section 3: Special rule for urbanized area formula grants

    This section extends until March 31, 2011, the special rule 
permitting some urbanized areas with populations over 200,000 
to use funds for operating.

Section 4: Allocating amounts for capital investment grants

    This section provides that the allocations for small 
starts, ferry boats, the fuel cell bus program, intermodal 
terminals and bus testing will continue at the 2009 authorized 
levels through March 31, 2011.

Section 5: Apportionment of formula grants for other than urbanized 
        areas

    This section provides that the apportionment for the tribal 
transit program will continue at the 2009 authorized level 
through March 31, 2011.

Section 6: Apportionment based on fixed guideway factors

    This section provides that the apportionment for fixed 
guideway modernization will continue at the 2009 authorized 
levels through March 31, 2011.

Section 7: Authorizations for public transportation

    This section provides that funding for the Metropolitan and 
Statewide Planning (section 5305); Urbanized Area Formula 
Program (section 5307); Clean Fuels Grant Program (section 
5308); Fixed Guideway Modernization (section 5309(m)(2)(B)); 
Bus and Bus-Related Equipment and Facilities (section 
5309(m)(2)(C)); Elderly Individuals and Individuals with 
Disabilities (section 5310); Other Than Urbanized Area Formula 
Program (section 5311); Job Access and Reverse Commute (section 
5316); New Freedom (section 5317); Paul S. Sarbanes Transit in 
the Parks Program (section 5320); National Transit Database 
(section 5335); Alternatives Analysis (section 5339); Growing 
States and High Density States (section 5340); Over the Road 
Bus Accessibility Program (section 3038 of TEA-21); Capital 
Investment Grants (section 5309(m)(2)(A); Research Programs 
(section 5338(d)); and FTA Administration (section 5338(e)) 
will continue at the 2009 authorized levels through March 31, 
2011.

Section 8: Amendments to the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users

    This section extends until March 31, 2011, at the 2009 
authorized levels, the following programs: Public-Private 
Partnership Pilot Program (section 3011); Elderly Individuals 
and Individuals with Disabilities Pilot Program (section 3012); 
Obligation Ceiling (section 3040); and Allocations for National 
Research and Technology Programs (section 3046).
    In addition, Project Authorizations for New Fixed Guideway 
Capital Projects entering preliminary engineering and final 
design (section 3043) are extended until March 31, 2011.

                      IV. COMMITTEE CONSIDERATION

    The Committee on Banking, Housing and Urban Affairs met in 
executive session on July 23, 2009, and by a voice vote ordered 
the bill reported.

              V. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    Section 11(b) of the Standing Rules of the Senate, and 
Section 403 of the Congressional Budget Impoundment and Control 
Act, require that each committee report on a bill contain a 
statement estimating the costs of the proposed legislation. The 
Congressional Budget Office has provided the following cost 
estimate:

S. 1533--Public Transportation Extension Act of 2009

    Summary: The Public Transportation Extension Act of 2009 
would extend through March 31, 2011, the federal transit 
programs authorized by the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act (SAFETEA-LU; Public Law 
109-59). The bill would set the amount of contract authority 
(the authority to incur obligations in advance of 
appropriations and a mandatory form of budget authority) at 
$8.4 billion for 2010 and at $4.2 billion for the period from 
October 1, 2010, through March 31, 2011. The bill also would 
authorize discretionary appropriations of $3.0 billion over the 
same period for several programs that do not receive contract 
authority.
    Consistent with the rules in the Balanced Budget and 
Emergency Deficit Control Act for constructing the baseline, 
CBO assumes that funding provided by the bill for the first six 
months of fiscal year 2011 would continue at the same rate 
through the rest of that year and in each of the following 
years. Hence, CBO estimates that enacting the bill would result 
in baseline contract authority totaling $84 billion over the 
2010-2019 period. That funding level represents an increase of 
$1 billion ($100 million per year) above the amounts of 
contract authority for public transportation programs currently 
projected in CBO's baseline for the 2010-2019 period.
    CBO expects that most spending for public transportation 
programs will continue to be controlled by limits on annual 
obligations set in appropriation acts. Consequently, the 
changes in contract authority would not increase mandatory 
outlays. CBO estimates that, subject to the enactment of annual 
obligation limitations for the 18-month period of program 
extension, as well as the discretionary appropriations that 
would be authorized by the bill, implementing this legislation 
would increase discretionary spending by $15.4 billion over the 
2010-2019 period. CBO estimates that enacting the bill would 
not affect revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of the legislation is summarized in the 
following table. The costs of this legislation fall within 
budget function 400 (transportation).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 By fiscal year, in billions of dollars--
                                                 -------------------------------------------------------------------------------------------------------
                                                   2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2010-2014   2010-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                               CHANGES IN DIRECT SPENDING

Budget Authority................................     0.1     0.1     0.1     0.1     0.1     0.1     0.1     0.1     0.1     0.1         0.5         1.0
Estimated Outlays...............................       0       0       0       0       0       0       0       0       0       0           0           0

                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Trust Fund Spending for Transit
    Obligation Limitation.......................     8.4     4.2       0       0       0       0       0       0       0       0        12.6        12.6
    Estimated Outlays...........................     1.3     3.1     2.9     2.1     1.6     1.1     0.3       0       0       0        11.0        12.4
    Other Transit Programs......................
    Authorization Level.........................     2.0     1.0       0       0       0       0       0       0       0       0         3.0         3.0
    Estimated Outlays...........................     0.4     0.8     0.7     0.5     0.3     0.2     0.1       0       0       0         2.7         3.0
    Total Changes...............................
    Authorization Level/Obligation..............    10.4     5.2       0       0       0       0       0       0       0       0        15.6        15.6
    Limitation..................................
    Estimated Outlays...........................     1.7     3.9     3.6     2.6     1.9     1.3     0.4       0       0       0        13.7       15.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated discretionary outlays reflect use of funds under the 2010 and part-year 2011 obligation limitations estimated by CBO. (Outlays stemming from
  additional contract authority shown in the table would be authorized in future legislation that covers the period after the 18-month program
  extension.)

    Basis of estimate:

Direct spending

    The Public Transportation Extension Act of 2009 would 
extend through March 31, 2011, public transportation programs 
authorized by SAFETEA-LU, the current authorization for 
transportation programs. For transit programs funded by the 
Highway Trust Fund, the bill would set the amount of contract 
authority (the authority to incur obligations in advance of 
appropriations and a mandatory form of budget authority) at 
$8.4 billion for 2010 and at $4.2 billion for the period from 
October 1, 2010, to March 31, 2011.
    The bill would provide contract authority (from the transit 
account of the Highway Trust Fund) for transit programs at the 
same level authorized in SAFETEA-LU for 2009, notwithstanding 
any rescissions or cancellations of contract authority either 
in SAFETEA-LU or any other act. SAFETEA-LU provided $8.4 
billion in contract authority for 2009. However, the 2009 
Omnibus Appropriations Act (Public Law 111-8) contained 
rescissions of the 2009 program's contract authority that 
totaled $100 million. The Balanced Budget and Emergency Deficit 
Control Act specifies that the baseline projection for the cost 
of an expiring mandatory program with current-year outlays in 
excess of $50 million be assumed to continue at the program 
level in place when it is scheduled to expire. As a result, CBO 
has incorporated the rescission in contract authority in its 
baseline for transit programs over the 2010-2019 period.
    Combined with the rescissions contained in the 2009 Omnibus 
Appropriations Act, contract authority available for public 
transportation programs is $8.3 billion in 2009, and CBO 
projects that same amount in subsequent years. As a result, CBO 
estimates that the bill would add $100 million (the difference 
between $8.4 billion and $8.3 billion) of contract authority 
annually to the baseline over the 2010-2019 period.
    CBO expects that spending from contract authority available 
to public transportation programs will be controlled by limits 
on annual obligations set in appropriation acts. Consequently, 
the changes in contract authority would not increase mandatory 
outlays.

Spending subject to appropriation

    CBO's estimate of discretionary spending under this 
legislation reflects the proposed limitation on obligations 
that would be provided under the bill and does not include 
projections of that authority beyond the time period covered in 
this legislation. The bill would extend the obligation 
limitations contained in SAFETEA-LU--$8.4 billion for 2010 and 
$4.2 billion for the first six months of 2011. CBO estimates 
outlays from those obligation limitations would be $12.4 
billion over the 2010-2019 period.
    In addition, for fiscal year 2010 and the first six months 
of 2011, the bill would authorize the appropriation of $3.0 
billion for other transit programs--capital investment grants 
and research and university research centers--as well as 
administrative costs of the Federal Transit Administration. 
Based on historical spending for those programs, and subject to 
appropriation of the specified amounts, CBO estimates that 
implementing those provisions would cost $3.0 billion over the 
2010-2019 period.
    In total, CBO estimates that implementing the legislation 
would increase discretionary costs by $1.7 billion in 2010 and 
$15.4 billion over the 2010-2019 period.
    Intergovernmental and private-sector mandates: The bill 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Susan Willie; Impact 
on State, Local, and Tribal Governments: Ryan Miller; Impact on 
the Private Sector: Jacob Kuipers.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                                  
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