Capitol Hill Updates

Faith Based Organizing Works

With only a few days’ notice, twenty-one leaders and organizers, from TEN/Gamaliel affiliates in Illinois, Kansas, Missouri, Michigan, Pennsylvania, Maryland, New York, and Wisconsin, joined TEN Executive Director Laura Barrett and Federal Policy Coordinator Cynthia Jarrold in Washington, D.C. to be part of a lightning team that visited every House office and every Senate Banking Committee office—that is more than 472 offices—with the message that: 1) flexible transit operating assistance is necessary to keep our buses running and our people working; and 2) incorporating the “Missouri Model” into workforce development legislation puts people to work and ensures that low income people, people of color, and women receive the necessary training to enter career path jobs in the construction industry.

The lightning team came to DC in advance of the Transportation and Infrastructure Committee mark-up of the Surface Transportation Authorization bill that we have been working on for the last 3 years. They made sure that the issues we have been working on were fresh on the minds of the House Transportation and Infrastructure Committee and Senate Banking Committee members when they walked into the committee mark-ups on Thursday, February 2. Below is an update on what happened with our issues in the House Transportation and Infrastructure Committee mark-up and the Senate Banking Committee mark-up.

Flexible Transit Operating Assistance for Buses

This has been our signature issue over the last 6 months. After 15 hours of debate over 117 amendments, Congressman Russ Carnahan offered an amendment to the House surface transportation bill that would give all systems in our country the flexibility to shift the money they receive from the federal government for buses to operating costs. (It makes no sense to buy buses when there is no one to drive them.)

Because the TEN and Gamaliel networks, the lightning team, and our national partners—Amalgamated Transit Union, Transportation Trades Department of the AFL-CIO, Transit Workers Union, Community Transportation Assistance of America, Transportation for America, Policy Link, and Transit Riders for Public Transit—had organized well around this issue, the Majority Party in the House was fearful that we would win this amendment. As a result, they made sure that all of their members were in the room when it came time for the vote. The same was true for the Democrats. The amendment failed 26-28 with 2 Republicans breaking ranks to vote with the Democrats. This is a victory for us for two reasons: 1) We have gained sufficient support outside the committee to actually bring an amendment to the full House for a vote; and 2) The committee chairman, John Mica-FL, was concerned enough about more Republicans breaking ranks to vote with Democrats that he added a modified version of transit operating assistance to his manager’s amendment which did pass and become part of the surface transportation bill.

The Senate Banking Committee also included a modified version of flexible operating assistance in their original bill which will be brought to the Senate floor for a vote next week.

The “Missouri Model” for Workforce Development

TEN organized a coalition of national partners who have been working on this issue for the last 2 years at the federal level. This is also a critical issue for many of the Gamaliel affiliates. Congressman Elijah Cummings (MD) offered a local hire amendment during the House Transportation and Infrastructure Committee mark-up. After intense debate, the Cummings amendment failed by voice vote. Shortly after that Congresswoman Laura Richardson (CA) offered a second, modified local hire amendment. It, too, failed by voice vote. (FYI—Congressman Hanna referred to local hire as “dumbing down hiring.”)

Later in the evening Congressman Cohen (TN) offered a construction careers demo project amendment which incorporated a number of the pieces of the “Missouri Model”—quality pre-apprenticeship and apprenticeship programs and on-the-job training for low income people, people of color, and women. He withdrew the amendment when Chairman Mica offered to talk further with him about adding pieces to the transportation bill when it goes to House floor. We will be monitoring these conversations to ensure that Mr. Mica does follow through with his commitment to Congressman Cohen.

The construction careers demo project language was not included in the Senate Banking Committee bill.

Privatization of Transit Service

The House Transportation and Infrastructure bill contains language that would provide transit systems with 90% federal match for transit capital projects instead of 80% federal match if they choose to privatize at least 20% of their transit service. This is an alarming precedent and puts public transit on a path back to the late 1960s when most transit systems were owned and operated by private companies and were going broke, resulting in decreased service and increased fares.

House Ways and Means Committee Removes Public Transit from the Trust Fund

On Friday, February 3, the House Ways and Means Committee marked up the bill that establishes how the surface transportation program will be funded for the next 5 years. The committee’s plan for financing the transportation program focuses on drilling. More alarming, however, it takes the 2.86 cents of the 18.4 cent motor fuel tax that is currently dedicated for public transit in the Highway Trust Fund and redirects it to highways, leaving public transit with no guaranteed and secure funding.

This bill passed out of committee on a party line vote (with the exception of 2 Republicans who voted against it) of 20-17. It will move to the House floor along with the House Transportation and Infrastructure surface transportation bill next week.

Looking Ahead

The Senate Finance Committee plans to mark-up its bill for funding the surface transportation on Tuesday, February 7, at 3:00 p.m. Once it passes out of committee, it will be combined with the other Senate committee bills (Environment and Public Works – highway portion; Commerce – rail portion; and Banking – transit portion) and taken to the Senate floor for debate and a vote. We anticipate the combined bill to be released at the end of this week and voted on next week. In addition, the Transportation and Infrastructure bill, as well as the Ways and Means bill, are anticipated to go the House floor for debate and a vote next week.

We have a lot of work to do over the next several days to make sure that we win these issues when the bills go to the House and Senate floors during the week of February 13. TEN will keep you alerted with updates on these bills. In the meantime, let your Members of Congress know the following: 1) that any attempts at privatization are unacceptable; 2) that public transit must remain in the Highway Trust Fund; 3) that flexible transit operating assistance is necessary in this economic crisis; and 4) that workforce development provisions put people to work, especially low income people, people of color, and women.

Capitol Hill Update #1 - June 9, 2011

The Month of May in Review

In this issue

Leaked Administration Bill Contains TEN Priorities

DeFazio Introduces Gas Price Relief Bill

Appropriations Allocations for FY 2012 Announced

EPW Releases Statement on Transportation Reauthorization

Seniors and Transit Report

Congressional Calendar:  June-August

Leaked Administration Bill Contains TEN Priorities

At the beginning of the month, Transportation Weekly secured and leaked a copy of a draft version of the Administration’s transportation bill.  The bill responds to several of TEN’s priorities including the following:

Increased Funding for Transportation

SAFETEA-LU, the current transportation legislation, guaranteed $244.1 billion in funding for highways, highway safety, and public transportation.  The Administration’s leaked bill calls for $556 billion in funding and includes funding for high speed rail.  The transit portion of the bill represents an increase from 18 percent to 22 percent of the total dollars. 

Workforce Development Provisions - Construction and Operations Careers

• Training provisions are included in the high speed rail title.  The federal share may be up to 100 percent of the cost.  (Operations)

• All modes of transportation are subject to the general rule that no less than 10 percent of the funds be made available in each program for DBEs.  A new category—”socially and economically disadvantaged individuals”—is added to the definition of DBE. (Construction)

• The requirement that construction contracts be awarded to the lowest, responsible bidder now includes a provision allowing  the Secretary to find that another bidding method would be in the public interest. (Construction)

• The surface transportation title provides for training and capacity-building programs that will educate the workforce and includes pre-employment training, OJT, technical and training assistance that is directed to targeted populations.  The bill also establishes and funds 5 Regional Workforce Development Resource Centers in institutions of higher learning “to provide for a skilled, technically competent transportation workforce.”  (Construction and Operations)

Local Control/Flexible Operating 

The leaked bill provides for temporary and targeted operating assistance by allowing urbanized area formula funds to be used for operations if an area experiences a significant decline in employment levels.  The available funds are capped: 25%-year 1, 15%-year 2, 10%-year 3.  At the conclusion of year 3, the agency becomes ineligible for these funds for another 3 years.  Additional eligibility requirements for use of the funds also includes: the presence of a state/local revenue source and service levels maintained at or above current levels.  Areas negatively impacted by 2010 Census are provided with a  fix— a phase-down through 2016.

Greater Accountability/Transparency

The Metropolitan Transportation Planning section has been completely rewritten.  Metropolitan Planning Organizations (MPOs) are now identified by tiers, placing greater accountability on Tier 1 MPOs (metropolitan areas with a population over one million).  States are held to the same requirements as Tier 1 MPOs.  Requirements include:

• improved accessibility to functional needs for all transportation users, including people with disabilities, older Americans, and low income individuals;

• enhanced environmental sustainability through protection and enhancement of the environment, promotion of energy conservation, improvement of quality of life, and promotion of consistency between transportation improvements and State and local planned growth and economic development patterns;

• increased emphasis on preservation of the existing system and maintaining it in a state of good repair, including elevators, escalators and communications technology for use of people with disabilities and older adults;

• improved accountability and transparency for public dollars, delivering projects as forecasted; and

• improved public participation in the planning process.

TEN Response:

While the Administration refuses to acknowledge authorship, reliable sources have confirmed that this is indeed one of several drafts by the Administration.  The leaked document provides us with the opportunity to thank the U.S. Department of Transportation for including policies that we care about.  Letters, emails, or faxes should be directed to the following:  Letter - The Honorable Ray LaHood, Secretary, U.S. Department of Transportation (or The Honorable Peter Rogoff, Administrator, Federal Transit Administration), 1200 New Jersey Avenue, SE, Washington, D.C. 20590; Email - This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Fax - 202.366.3956 or 202.366.3472.

DeFazio Introduces Gas Price Relief Bill

Rising gas prices have become the recent focus of congressional debate and division.  On May 6, Congressman Peter DeFazio (D-OR) introduced House Resolution (HR) 1975 – Providing Gas Price Relief through Public Transportation Act of 2011.

The DeFazio bill addresses increased gas prices by providing transit operating assistance and making the commuter tax benefit permanent.  Key elements of the bill include the following:

• Authorization of additional $1.7 billion of capital and operating funds ($850 million from the general fund for each of the fiscal years 2011 and 2012) for transit agencies to reduce fares and expand transit service under current urban and rural transit formulas, i.e., sections 5307 and 5311 of title 49 USC.

• Increase in the federal share for clean fuel and public transit vehicles that are designed for use of alternative fuels.  Currently, the federal government provides 90% of the funding for alternative fuel vehicles.  This bill would increase the federal share to 100%.

• Extension of commuter transit benefits to all federal employees.

• Creation of a 2-year vanpool pilot program.

The bill currently has 10 co-sponsors —Hirono (D-HI) , Filner (D-CA), Larsen (D-WA), Nadler (D-NY), Bishop (D-NY), Boswell (D-IA), Cummings (D-MD), Richardson (D-CA), Quigley (D-IL), and Lipinski (D-IL)—and was referred to two committees, Transportation and Infrastructure and Oversight and Government Reform.

TEN Response:

Congressman DeFazio introduced this bill as a response to efforts in Congress to lift the ban on off-shore drilling.  It is not a marker bill; however, it does provide a vehicle for communicating with your Member of Congress about transit operating assistance and its positive impact on economic recovery in your community.

Appropriations Allocations for FY 2012 Announced

On May 11, House Appropriations Committee Chairman Hal Rogers (KY) announced the allocation levels and schedule for completion of FY 2012 Appropriations.  The Transportation, Housing and Urban Development  and Related Agencies (THUD) sub-committee allocation has been reduced to $47.7 billion which is below FY 2008 levels.  That is a 30% reduction from FY 2010 spending levels and a 14% reduction from FY 2011 spending levels.  Chairman Rogers plans to complete mark-up and approve all 12 appropriations bills at the sub-committee and full committee levels before the August recess and to enact the bill into law by September 30.

TEN Response:

These reductions are unacceptable and will result in lost jobs and continued economic devolution in our communities.  Consider "adopting" your Member of Congress (especially a freshman member) for the summer and using the time to educate him/her about the transportation dollars that currently flow into your district and what they mean in terms of jobs, taxes, and economic development.

EPW Releases Statement on Transportation Reauthorization

On May 25, Senator Barbara Boxer (D-CA), Chair of the Environment and Public Works Committee, held a press conference announcing the progress the committee has made on the new transportation authorization bill.  In a joint statement with Senator James Inhofe (R-OK), Committee Ranking Member, Senator Max Baucus (D-MT), Chair, Transportation and Infrastructure Subcommittee, and Senator David Vitter (R-LA), Subcommittee Ranking Member, Boxer laid out "principles" for the bill:

• "Funds programs at current levels to maintain and modernize our critical transportation infrastructure;

• Eliminates earmarks;

• Consolidates numerous programs to focus resources on key national goals and reduce duplicative and wasteful programs;

• Consolidates numerous programs into a more focused freight program that will improve the movement of goods;

• Creates a new section called America Fast Forward, which strengthens the TIFIA [a construction loan program] program to stretch federal dollars further than they have been stretched before; and

• Expedites project delivery without sacrificing the environment or the rights of people to be heard."

Senator Boxer also indicated that the bill would be released before the July 4 recess and that it would reflect current authorization levels adjusted for inflation, or $339 billion.  Following the press release, Ranking Member Inhofe spoke with reporters indicating that the transportation authorization bill would only be a two-year bill.

TEN Response:

TEN is concerned about the possibility of a significant change to the Surface Transportation Program (STP) in the EPW bill.  Currently, STP funds, which are used for highways, can be flexed for use on public transportation projects.  According to Hill insiders, EPW is considering the possibility of removing the flexibility in this authorization bill, a move that would have a devastating impact on public transportation in many of our states.  In the case of California, for example, the state was able to flex approximately $1.5 billion from highway spending to transit projects last year alone.  Communications with Senators, particularly those on the EPW Committee, should focus on the importance of continuing to allow STP funds to be flexed for public transit projects according to local need.

Seniors and Transit Study to be Released Mid-June

Transportation for America is scheduled to release a study of Seniors and Transit on June 14.  The study, done in partnership with the Center for Neighborhood Technologies, examines the increasing numbers of seniors who are aging in place and have access to poor or no transit.  In addition, it explores the implications for federal policy.  TEN is developing a tool for engaging local communities in conversation around this important public transit issue.

Congressional Calendar May-August

House Constituent Weeks (in-district)

June 6-10

June 27-July 5

July 18-22

Senate Constituent Weeks (in-state)

July 4-8

August Recess for both houses is scheduled for August 8 through September 2.

To learn more about how the federal process and policy impacts your local transportation campaign and community, contact:

Cynthia Owen Jarrold, M.Div.

Rosa Parks Federal Policy Coordinator

TEN—A Project of Gamaliel

Mobile: 913.219.3198

Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Click here to receive TEN's Capitol Hill Updates.