Amtrak & Sequestration

[The Davy Crockett]

The next major jump off the cliff moment is when the FY2013 continuing resolutions - for the agencies that have not had their appropriations bill passed (I think DOD is the only one) - expire on March 27. I expect the sequestration will get fixed in a budget deal for the FY2013 appropriations. If not, then much of the government shuts down on March 28.

From Politico as well:

THE COUNTDOWN: Sequestration has been in effect for four days. It's been 34 days since Transportation Secretary Ray LaHood announced his departure, and DOT funding runs out in 24 days. Passenger rail policy runs out in 211 days, surface transportation policy in 579 days and FAA policy in 941 days...

 

[Anderson]

Given that policy seems to be done in 3-5 year increments, I think listing the FAA is a bit premature. However, assuming that there are still appropriations provided for via a CR or a budget bill, what happens if PRIIA expires?

 

[jis]

I guess I don't understand what PRIIA has to do with anything. PRIIA is not an appropriation bill, and the PRIIA 209 changes outlive PRIIA. They are perpetual until and unless rescinded by another bill.

 

[Anderson]

Jis,

I'm not sure, either, actually. Apparently we need some kind of rail policy bill passed, but as long as there's cash in an appropriations bill of some sort it doesn't seem that we'd even need a "rail policy bill" of any sort.

 

[afigg]

I guess I don't understand what PRIIA has to do with anything. PRIIA is not an appropriation bill, and the PRIIA 209 changes outlive PRIIA. They are perpetual until and unless rescinded by another bill.

Perhaps someone who understands the legal nuisances can step in here and provide a more accurate summation, but the 2008 PRIIA act re-authorized Amtrak, allowed it to continue to receiver federal funds, provided requirements for Amtrak on the subsidies, set up the NEC Commission, and is in force for FY2009 to FY2013. In order to provide funds in FY2014, a re-authorization has to be in place - or the current one is extended.
My bet would be on a simple extension of the 2008 PRIIA act for a time because the House Republicans will jam restrictions and actions into the new bill that will be unacceptable to the House Dems, a few remaining moderate House Republicans, the Senate, and the Obama Administration. So add one paragraph in the FY2014 transportation appropriations bill providing an extension of the 2008 PRIIA act to a new date, and it is taken care of.

 

[Nathanael]

The next major jump off the cliff moment is when the FY2013 continuing resolutions - for the agencies that have not had their appropriations bill passed (I think DOD is the only one) - expire on March 27.

Well, DOD can take the hit, since it's grotesquely overfunded by a factor of 10 or more. But I think you meant that DOD is the only one which HAS had its appropriations bill passed? Which, if so, is just sick; the Constitution discourages passing Army funding bills. Sigh...

 

[Nathanael]

I guess I don't understand what PRIIA has to do with anything. PRIIA is not an appropriation bill, and the PRIIA 209 changes outlive PRIIA. They are perpetual until and unless rescinded by another bill.

Perhaps someone who understands the legal nuisances can step in here and provide a more accurate summation,

It is traditional, for reasons I do not understand, for the federal government to provide money by a two-step process, first "authorizing" the appropriation of money, and then appropriating the money.

This is not necessary. Congress can authorize-and-appropriate in a single bill. The appropriations are the important part.

It is also traditional for Congress to authorize "up to" some amount, and then to appropriate a particular amount. This is *also* not necessary. There are certain agencies which have authorized and appropriated "such sums as are necessary" for particular tasks in perpetuity. Notably, the Treasury Department has several such appropriations, including the one for paying interest on federal debt instruments and the one for minting coins.

So, in short, in order to get funds, all that is needed is an appropriations bill; everything else can be wrapped into the appropriations bill. There are agencies which operated off nothing but yearly appropriations bills for decades.

Authorization bills and all that are just decoration; they consist of Congress purporting to regulate Congress's behavior, but Congress has no actual power to restrict the actions of future Congresses.

Regarding PRIIA, most of the PRIIA rules are permanent law, and they changed the law *regulating* Amtrak. So until they are repealed or changed, Amtrak has to follow the rules, regardless of appropriations.

 

[The Davy Crockett]

Don't think the anti-Amtrak forces won't try to make 'political hay' out of the 10/1/13 expiration. Of course there will be deadlock and we will see the status quo extended, but it is hard to move forward, or find one's way, without a blueprint or map for doing so. This has been the the problem accross the board at the Federal level for a couple of years now I'm told.

 

[George Harris]

Thsi whole "Sequestration" thing is a political game. Congress should call Obamba's bluff. Remember the largest parts of the budget are welfare and military. Start with cutting all the various welfare programs by 5%. Running aruond with armwaving about cuts in food inspection, customs, TSA, and such is completely bogus. These programs are all smaller than the accounting errors in the big ones.

 

[The Davy Crockett]

Thsi whole "Sequestration" thing is a political game. Congress should call Obamba's bluff. Remember the largest parts of the budget are welfare and military. Start with cutting all the various welfare programs by 5%. Running aruond with armwaving about cuts in food inspection, customs, TSA, and such is completely bogus. These programs are all smaller than the accounting errors in the big ones.

Thing is, as it stands now at least, Obama has the authority to make the cuts where they will be to what he feels it is to his politcal advantage. I see long TSA lines in our future. The silver lining for us rail pax fans is that could help Amtrak's image.

 

[the_traveler]

Closed pending moderators review.