TEA-21 Extension Update: The Senate passed a two-month extension of the TEA-21 law (H.R. 3850), averting a shutdown of key federal transportation agencies and any disruption to state and local project sponsors that would have occurred after midnight on Sunday (February 29). The Senate approval of the measure was the last action it took this afternoon before adjourning for the weekend; the House of Representatives approved the measure last night. With the Senate action, H.H. 3850 now goes to the President for his signature.
The TEA-21 law was first extended in late September, keeping the nation's surface transportation law, known as TEA-21, in effect for five months through February 29, 2004. The new extension, when signed by the President, will extend the TEA-21 law through April 30, 2004.
Key Programs Protected: H.R. 3850 includes provisions that protect authorized funding for four key TEA-21 programs -- CMAQ, Transportation Enhancements, Safety and STP urbanized area funds (MPOs of 200,000 or more) -- from special funding transfer rules that states enjoyed under the five-month extension law. During debate last year over the first extension, state DOTs pressed Congress for broader authority or funding flexibility to allow them to use any of their transportation dollars for any program purpose until a long-term TEA-21 renewal bill was enacted. The states promised to repay program accounts in subsequent years.
STPP and several partner organizations strongly objected to this approach, arguing that the flexibility was unnecessary and that it could harm balanced program spending within the states. During debate on the last extension, key transportation leaders pledged that this added state flexibility would only be allowed through February 29 and would not be continued under any future extension bill. While the Senate did not want to include these protections for these programs, key leaders on the House Transportation and Infrastructure stepped forward and fought to include them in the bill. The Senate ultimately agreed to these protections in adopting H.R. 3850.
Other News on TEA-21 Renewal: House Transportation and Infrastructure Committee leaders had hoped to be acting on a six-year renewal bill as early as the week of March 2. However, further action on their "TEA-LU" bill is now stalled, as House transportation leaders, the House leadership and the White House continue discussions about the overall funding level for the bill. The House Committee's TEA-LU bill calls for funding of $375 billion over six years, the Senate-passed bill (S. 1072) is set at $318 billion, and the Bush Administration has asked for $256 billion. The outcome of these negotiations will determine whether a full six-year bill moves forward in the House or a longer extension bill (say through September 30, 2005) moves forward.
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