By The Bus Coalition
On Thursday May 21st, the House Transportation & Infrastructure Committee completed markup of its five-year surface transportation reauthorization legislation after a lengthy session that extended until approximately 1:00 a.m. Following more than 13 hours of debate and amendment consideration, the Committee approved the legislation by a bipartisan vote of 62-2.
The markup included 42 recorded amendment votes and represented an important milestone as Congress formally begins consideration of the next surface transportation authorization bill.
Overall, TBC believes the legislation remains a positive step forward for bus transit systems given the difficult fiscal and political environment surrounding this reauthorization process. Importantly, no major changes were made during markup to the core bus funding structure summarized in our earlier update.
For our Community of paid TBC Member Organizations, we will be hosting a webinar on June 8th at 4pm to discuss specific provisions in the bill and our advocacy plan moving forward. There is a lot to cover, and we hope you will participate in this important briefing. For more information, visit www.buscoalition.com.
As we noted previously, TBC and our members were successful in significantly improving the House baseline proposal for the 5339 Bus and Bus Facilities Program, which initially risked a nearly 50 percent reduction in annual bus funding due to the expiration of IIJA Advanced Appropriations. The Committee ultimately increased funding levels well above that original baseline and preserved substantial competitive grant funding despite significant pressure to shift additional funding toward formula programs.
In particular, we continue to view several provisions as major accomplishments for bus transit systems, including:
- Increased overall 5339 funding levels above baseline assumptions
- Preservation and growth over the five-year bill of competitive grant funding under 5339(b)
- Additional support for midsize and smaller transit systems through formula set-asides and extended obligation timelines
- Restoration of bus funding to more than 20 percent of total transit capital funding
- Important policy reforms related to NEPA streamlining, spare ratio elimination, and Buy America waiver timelines
TBC-Supported Titus Amendment Included in Manager’s Amendment
During markup, the Committee also adopted a manager’s amendment that included a provision sponsored by Rep. Dina Titus addressing one of TBC’s concerns regarding the new federal bus procurement cost cap provision scheduled to take effect in FY29.
As outlined in our prior update, the legislation would direct FTA to establish maximum federal participation caps for buses based on historical procurement cost data. While the stated intent is to help bring down escalating bus costs, TBC has expressed concern that the provision could unintentionally shift additional costs onto local transit agencies if procurement calculations are defined too narrowly.
The Titus provision improves this section by clarifying that “bus rolling stock” includes the full range of allowable procurement-related costs associated with bus purchases, including equipment, infrastructure, maintenance, training, publications, bonding, insurance, contractual guarantees, and final delivery costs.
TBC supported this clarification because it helps ensure future federal cost calculations more accurately reflect the real-world costs transit agencies incur when procuring buses.
While concerns remain regarding the overall federal participation cap structure, this modification represents an important improvement to the provision and reflects productive engagement with the Committee during markup.
Safety Barrier Provision Remains a Concern
One provision TBC continues to evaluate closely involves the requirement for transit agencies to install operator safety barriers on all newly procured buses that are 30 feet or longer.
TBC strongly supports efforts to improve operator safety, particularly given the rise in operator assaults experienced by some transit agencies in recent years. However, we are concerned that a universal federal mandate may not appropriately reflect the operational realities of smaller and rural transit systems.
The overwhelming majority of operator assault incidents occur within a relatively small number of very large urban transit systems. As currently drafted, the requirement would apply broadly to agencies of all sizes (although there is an exemption for 5311 funds), including many smaller transit providers that may face significantly different operating conditions and financial constraints.
As a result, TBC will likely pursue additional changes to this provision as the bill advances, potentially including an exemption for smaller transit systems operating fewer than 100 buses. At this stage, we anticipate those discussions are more likely to occur during Senate consideration of the bill, though additional House floor amendment options remain possible.
Next Steps: Senate-Side Advocacy
The House bill will now move toward possible consideration by the full House later this summer, while the Senate Banking Committee continues work on its transit proposal. TBC will continue engaging aggressively throughout the process to:
- Further increase the competitive grant funding pot
- Address concerns regarding the federal bus procurement cap provision
- Refine the operator safety barrier mandate
- Advance project delivery and procurement reforms
As always, we encourage members to continue sharing feedback, concerns, and operational perspectives as the process moves forward. Your engagement remains critical to our advocacy efforts and has already played a major role in improving the legislation to date.
We will continue providing updates as Congress advances the bill through the next stages of the reauthorization process.
Thank you again for your continued support and advocacy.
