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Action Needed to Steer Transportation Bill Through Legislative Shoals

by Dan Anderson

The Senate and House versions of a major bill that will affect accessible transit for years need a lot of work to be reconciled. United Spinal members can make a difference in getting the best bill out of conference.

The United States Congress has a unique opportunity to greatly improve transportation for Americans with disabilities. Congress is currently creating legislation to “reauthorize” the Transportation Equity Act for the 21st Century (TEA-21), a law that provides federal funding for public transportation and highway programs. What this means is Congress is working on a bill that will provide anywhere from $250 billion to $320 billion in federal funding over six years to communities throughout the country to modernize and improve access to their public transportation systems, as well as build highways and make them safer. Congress needs to get it right!

Like all other citizens, individuals with disabilities need the option of accessible transportation, especially public transportation. Public transportation provides greater access to employment, education, medical care, and a host of other services and activities that help people with disabilities and all persons be active members of their communities. Despite these obvious benefits, our nation’s transportation system has a long way to go to be truly accessible.

TEA-21 has helped make progress toward addressing this problem by providing approximately $7 billion annually for public transportation. In addition, TEA-21 has continued the growth of the Intermodal Surface Transportation Equity Act, the previous federal highway and public transportation law, by emphasizing the importance of linking the various modes of transportation. Prior to these laws, the overwhelming percentage of federal transportation dollars had been apportioned to highway and road projects.

Due in large part to this policy shift, more Americans than ever are choosing to ride public transportation rather than drive. Public transportation ridership has reached record

high levels and is expected to increase by 40% over the next 10 years. The American Association of State Highway and Transportation Officials estimates the average annual cost to address the transit needs of the nation to be $43.9 billion. In reauthorizing TEA-21, Congress must take strong steps to meet this increasing demand for public transportation.

TEA-21 Reauthorization

TEA-21 expires June 30, 2004. Congress already extended the law three times-in September 2003, February 2004 and April 2004. The reason the law has been extended so often is that Congress has failed to pass a new law. The Senate and the House of Representatives have each passed a bill, but each is very different from the other. In February, the Senate passed its TEA-21 reauthorization bill, S1072, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act (SAFETEA). On April 2, the House of Representatives approved its bill, HR3550, the Transportation Equity Act: A Legacy for Users (TEA LU).

The next step is for a Conference Committee, which will include selected senators and representatives, to consider the House and Senate bills and to resolve the major differences, including cost. The Senate bill calls for $319 billion over 6 years, while the House bill includes $275 billion over 6 years. Both bills exceed the maximum funding limit set by President Bush ($256 billion over 6 years), which will make the job of the Conference Committee even more difficult. The Committee will have to create a bill that satisfies the Senate and the House, as well as the President. The process will probably take several months, if it happens at all. Twenty-one senators and 49 representatives have been appointed to the Conference Committee (see the list on page 15).

United Spinal’s Position

The United Spinal Association calls on Congress to pass a strong TEA-21 reauthorization bill that expands, improves and maintains accessible public transportation and transportation services that meet the needs of individuals with disabilities. United Spinal is advocating for the following provisions:

• Given documented public transit needs of approximately $44 billion, we are asking for at least $56.5 billion for public transportation funding as proposed in the Senate bill. The House bill calls for $51.5 billion. The higher level of funding will help make progress toward meeting the nation’s growing public transportation needs.

• We support the New Freedom Initiative program created in the House bill. This program will provide funds for transportation services beyond what is required by the Americans with Disabilities Act (ADA), for example accessible taxicabs, audible traffic signals, and transportation in rural or urban areas not currently served. We believe that these new transportation options will more effectively integrate people with disabilities into American society, especially into the workforce.

• We support operating assistance for the Section 5310 program, as included in the House bill. The Section 5310 program provides capital assistance for critical transportation services for people with disabilities and senior citizens, such as the purchase of buses, vans and wheelchair lifts. Funds for operating assistance could be used for management and transportation planning rather than just replacing aging vehicles. Many nonprofit organizations purchase vehicles under the 5310 program and would benefit enormously from money to help operate their services.

• We oppose combining the New Freedom Initiative program and the 5310 program into one program, which the Senate bill proposes. As stated above, the purpose of the New Freedom Initiative is to provide services beyond those required by the ADA, and the 5310 program is intended to meet the “special needs” of individuals with disabilities. Section 5310 funding is used primarily to purchase vehicles. The New Freedom Initiative and the 5310 program are individual programs with individual purposes. We believe combining these two programs will make each one less effective and will prevent them from fulfilling their intended purpose. We also strongly oppose this proposal because it makes public transit agencies eligible for Section 5310 program money. Many disability organizations purchase vehicles with 5310 money and would lose out if public transit agencies are also eligible for this money.

• We support increasing the authorized funding level for Project ACTION from $3 million to $3.5 million, as proposed in the House bill. Project ACTION is a federally funded program that has been bringing the disability and transit communities together to increase access to transportation since 1998. The Senate bill does not authorize increased spending on this vital program.

Immediate Action Needed

Below is the list of the Senate and House Conference Committee members. If your senator or House representative is on the list, please ask him or her to create a strong TEA-21 reauthorization bill that addresses the transportation needs of individuals with disabilities. In your call or letter, please stress the following points:

• Given America’s documented public transit needs of approximately $44 billion, please support an amount of at least $56.5 billion for public transportation funding, as proposed in the Senate bill.

• Please support the New Freedom Initiative as written in the House bill.

• Please support operating assistance for the Section 5310 program. Many nonprofit organizations purchase vehicles under the 5310 program and would benefit enormously from money to help operate their services.

• Please oppose merging the New Freedom Initiative Program with the 5310 Program and please oppose making public transit agencies eligible for 5310 money. The Senate bill includes these provisions and we oppose them.

• Please support increasing the authorized funding level for Project ACTION from $3 million to $3.5 million. You can reach any of these members of Congress by calling the Capitol switchboard, toll-free, at 877-762-8762.

Senate Conferees

Majority Whip Mitch McConnell (R-KY)
Majority Leader Trent Lott (R-MS)
Conference Chair James Inhofe (R-OK)
Christopher S. Bond (R-MO)
John Warner (R-VA)
George Voinovich (R-OH)
Charles E. Grassley (R-IA)
Orrin Hatch (R-UT)
Don Nickles (R-OK)
John McCain (R-AZ)
Richard C. Shelby (R-AL)
James M. Jeffords (I-VT)
Minority Whip Harry Reid (D-NV)
Bob Graham (D-FL)
Joseph Lieberman (D-CT)
Barbara Boxer (D-CA)
Max Baucus (D-MT)
Kent Conrad (D-ND)
Minority Leader Tom Daschle (D-SD)
Ernest Hollings (D-SC)
Paul Sarbanes (D-MD)

House of Representative Conferees

Tom DeLay (R-TX)
Don Young (R-AK)
Tom Petri (R-WI)
Sherwood Boehlert (R-NY)
Howard Coble (R-NC)
John J. Duncan, Jr. (R-TN)
John Mica (R-FL)
Peter Hoekstra (R-MI)
Vern Ehlers (R-MI)
Steven LaTourette (R-OH)
Spencer Bachus (R-AL)
Gary Miller (R-CA)
Dennis Rehberg (R-MT)
Bob Beauprez (R-CO)
Jim Nussle (R-IA)
Chris Shays (R-CT)
Cass Ballenger (R-NC)
Judy Biggert (R-IL)
Joe Barton (R-TX)
Charles Pickering (R-MS)
Tom Davis (R-VA)
Edward Schrock (R-VA)
James Sensenbrenner (R-WI)
Lamar Smith (R-TX)
Wayne Gilchrest (R-MD)
Randy Neugebauer (R-TX)
Bill Thomas (R-CA)
Jim McCrery (R-LA)
James Oberstar (D-MN)
William Lipinski (D-IL)
Nick Rahall (D-WV)
Peter DeFazio, (D-OR)
Jerry Costello (D-IL)
Eleanor Holmes Norton (D-DC)
Jerrold Nadler (D-NY)
Robert Menendez (D-NJ)
Corrine Brown (D-FL)
Bob Filner (D-CA)
Eddie Bernice Johnson (D-TX)
Richard Pombo (R-CA)
Jim Gibbons (R-NV)
John Spratt (D-SC)
George Miller (D-CA)
John Dingell (D-MI)
Henry Waxman (D-CA)
John Conyers (D-MI)
Ron Kind (D-WI)
Bart Gordon (D-TN)
Charles Rangel (D-NY)

For more information, please contact me at 718-803-3782 or e-mail: danderson@unitedspinal.org.

Dan Anderson is Assistant Director of Legislation.

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