These critical transportation provisions were included in the $1.2 trillion spending bill, which freezes funding for most federal agencies. The House developed this comprehensive appropriations package after Congress failed to pass any of the dozen spending bills before Fiscal Year 2011 began more than two months ago. The U.S. Department of Transportation and other government agencies have been operating since Oct. 1 under two continuing resolutions that extended their funding at FY 2010 levels through Dec. 18.

The long-term continuing resolution (HR 3082) that Democratic leaders pushed through the House on a 212-206 vote represents an overall freeze in federal spending, or about 4% less than President Barack Obama had proposed in his FY 2011 budget last February. The legislation contains a freeze in the salaries of virtually all employees of federal agencies outside the military. It narrowly passed after a number of Democrats changed their votes at the last minute.

The House legislation cuts high-speed-rail funding by $1.5 billion (from $2.5 billion last fiscal year to $1 billion this fiscal year) and rescinds numerous highway projects contained in prior authorization bills that have either not been obligated or, in the case of the 2005 transportation authorization law known as "SAFETEA-LU," haven't spent at least 10% of the project funding. Highway rescissions amount to more than $700 million. (see July 30 AASHTO Journal story)

No earmarks are included in the huge continuing resolution developed by retiring House Appropriations Chairman David Obey, D-Wisconsin. But the measure still drew heavy criticism from House Republicans, who withheld their support for the legislation because they seek to slash federal spending back to FY 2008 levels. The measure was approved without the support of a single Republican.

The final appropriations product from this lame-duck session of Congress could be more than the House passed Wednesday, BNA reported. In the Senate, Appropriations Chairman Daniel Inouye, D-Hawaii, and ranking minority member Thad Cochran, R-Mississippi, have been working on an omnibus measure that is said to provide $1.1 trillion in spending, make changes in programs, and include a long list of earmarks.

Senate aides said Majority Leader Harry Reid, D-Nevada, might offer an amendment to substitute the text of that omnibus when the Senate begins debate on the House-passed continuing resolution next week -- anticipated to be the final week of Congress for this session. The current continuing resolution funding the government expires Dec. 18.

9-Month Extension of Surface Transportation & Aviation Programs Approved

House Democrats used the must-pass appropriations measure to carry another extension of surface transportation and aviation programs, a food safety bill, and dozens of other policy provisions.

The continuing resolution would extend current highway and transit programs through September, by which time lawmakers hope to have enacted a multiyear surface transportation reauthorization bill. Federal highway and transit programs have been operating under a series of five extensions since the last long-term measure lapsed Sept. 30, 2009. The programs are currently set to expire Dec. 31.

Federal Aviation Administration policies and programs would also be extended by nine months as part of the continuing resolution. The House and Senate have been unable for the past three years to agree on a long-term authorization measure for aviation programs. This would be the 17th temporary extension of aviation programs since the September 2007 expiration of the last long-term FAA bill.

Rep. John Mica, R-Florida, who House Republicans selected Wednesday to serve as chairman of the House Transportation and Infrastructure Committee for the 112th Congress that convenes Jan. 5, (see related story) had supported a shorter extension of highway and transit programs.

Mica, who will be tasked with writing and winning approval for a multiyear highway and transit reauthorization next year, said he wanted an extension to last a maximum of six months.

Outgoing House T&I Committee Chairman James Oberstar, D-Minnesota, had supported a one-year extension. Oberstar spokesman Jim Berard said House leaders decided to do a nine-month extension for highways, transit, and aviation so the timeframe would match Fiscal Year 2011 appropriations and other components of the continuing resolution that are all valid until next September.

Highway Formula Distribution Changes Sought by Oberstar Contained in CR

The continuing resolution would make some of the changes to highway formula funding that Oberstar has long sought, Berard said. Oberstar has tried since March to roll back Senate modifications to the way certain highway funds were distributed in a jobs bill enacted earlier this year. (see May 21 AASHTO Journal story) A provision in that law distributes some highway funds under criteria established in the last surface transportation authorization law (SAFETEA-LU, enacted in 2005), resulting in most of the money going to four states while giving 22 states nothing.

Oberstar wants the money distributed more evenly among states and across programs. The continuing resolution contains language that would distribute the money more evenly across programs, but not among states.

Continuing Resolution Excludes President's $50 Billion Infrastructure Proposal

The House did not include Obama's proposal to pump $50 billion into an array of infrastructure projects in the continuing resolution. Obama first made his proposal during a Labor Day speech in Milwaukee. (see Sept. 10 AASHTO Journal story) The president reiterated his support for additional federal investment in infrastruture projects during a speech Monday in North Carolina. (see related story)

The continuing resolution would have been a natural vehicle for the program, CQ Today reported. Obama's idea was to "front load" this spending immediately as a down payment on the first year of a multiyear surface transportation reauthorization bill, which is not expected until at least several months into 2011.

The 28-page section of the continuing resolution dealing with transportation reauthorization is available at bit.ly/HouseCRtext.