79–010 

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. 


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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 


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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. 


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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). 


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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.) 


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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 


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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. 

Æ 


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