September 13, 2005

THE NEW FREEDOM TRANSIT PROGRAM

 

SAFETEA-LU establishes a new program of formula-based transit grants, the Sec. 5317 New Freedom Program. This is part of a larger, government-wide "New Freedom Initiative" that President Bush has been promoting since his first presidential campaign. Formally established in 2001 through Presidential Executive Order, the New Freedom Initiative is a means to integrate persons with disabilities into the workforce, and into daily community life, through a variety of strategies carried out by the federal departments of Labor, Health and Human Services, Housing and Urban Development, Education, Justice, Veterans Affairs, and - now - Transportation. For more information on the government-wide initiative and its related resources, go on-line to www.disabilityinfo.gov.

 

The Sec. 5317 transit program allocates money based on states' and urbanized areas' populations of persons with disabilities. Sixty percent of each year's Sec. 5317 appropriation is distributed to the urban transit systems in areas with populations greater than 200,000. Twenty percent is distributed to the states for use in their urban areas with populations between 50,000 and 200,000, and the remaining twenty percent is distributed to the states for use in their rural areas.

 

SAFETEA-LU guarantees the following levels of Sec. 5317 New Freedom Transit funding:

FY 2006, $78.0 million

FY 2007, $81.0 million

FY 2008, $87.5 million

FY 2009, $92.5 million

 

States and large-urban transit systems receiving these Sec. 5317 allocations are not to engage in New Freedom transit activities themselves. Instead, they are to carry out areawide competitive solicitations for local New Freedom projects. The eligible subrecipients are units of state or local government, nonprofit organizations, and other operators of public transportation services. Starting in FY 2007, these projects, if they are to receive Sec. 5317 funds, are to be selected through locally developed, coordinated public transit-human services transportation plans. This is the same type of process that SAFETEA-LU now requires of states and urbanized areas with regard to Sec. 5316 Job Access and Reverse Commute grants, and for states' Sec. 5310 elderly and disabilities transit grants.

 

Sec. 5317 funds are to be used to provide public transportation services and alternatives above and beyond the baseline requirements of the Americans with Disabilities Act (ADA), especially to help persons with disabilities access jobs and employment-related services. These funds may be used for capital expenses (at an 80 percent federal share) or operating expenses (at a 50 percent federal share); the "non-federal" share may be derived from cash, service agreements with state, local or private social services organizations, or from other federal funding sources, including Temporary Assistance for Needy Families (TANF), that allow their funds to be expended on transportation activities.

 

Thus far, there are no further pieces of guidance from the Federal Transit Administration (FTA) on the details of the New Freedom transit program. Some information is likely to be issued in conjunction with the FY 2006 annual apportionment of FTA formula grants, whenever that occurs, but most of the FTA guidance on this program is likely to be timed to help states and urban areas prepare for the FY 2007 program year.

 

 

OTHER SAFETEA-LU PROVISIONS FOR THE DISABILITY COMMUNITY

 

Easily overlooked, but perhaps most significant in the long run, SAFETEA-LU now requires that representatives of the disability community have a meaningful voice in statewide and metropolitan transportation planning processes.

 

In the realm of FTA grant programs, SAFETEA-LU continues all the programs that have been of greatest value to the disability community, including the Sec. 5307 and 5311 formula grants for public transit in urban and rural areas, and the Sec. 5310 program of capital assistance for elderly and disabled persons' transit. Other "Capitol Clips" discuss these programs in greater detail, but it should be noted that SAFETEA-LU calls for a seven-state demonstration of Sec. 5310 operating assistance eligibility, with the details yet to be determined by FTA. SAFETEA-LU continues to allow all transit systems in areas with populations of more than 200,000 to spend up to 10 percent of their Sec. 5307 allocations on ADA-mandated complementary paratransit services, and the law also calls for special paratransit pilot projects in Oklahoma City and Tulsa, Okla.

 

For official information on New Freedom and other federal transit programs, visit the FTA "SAFETEA-LU" web page, at http://www.fta.dot.gov/17003_ENG_HTML.htm.