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102 Number 04 |
January 25, 2002 |
Executive Digest
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Congress
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RABA
Ramifications Continue
Secretary of Transportation
Norman Mineta told a Senate panel this week that while revenue-
aligned budget authority (RABA) would drop by almost $5 billion in
FY 2003, the mechanism was "based in law" and not subject to
interpretation.
The Department of Transportation last week announced that for
the first time since the inception of TEA-21, lower estimated tax
revenues into Highway Trust Fund would result in "negative RABA,"
which would subsequently drag down overall funding for highways by
$9.1 billion in FY 2003 compared to FY 2002. Specifically, highway
funding in FY 2003 will drop to $22.687 billion compared to the
$31.799 billion provided in FY 2002 as a result of the cut spurred
by $4.965 billion in negative RABA (AASHTO Journal, January
18).
The gloomy funding picture was addressed Thursday in a hearing
of the Senate Environment and Public Works Committee on the
reauthorization of the Transportation Equity Act for the 21st
Century (TEA-21). During the course of the hearing, Mineta
addressed the "negative RABA" situation and fielded questions from
committee members.
Mineta noted that over the life of TEA-21, states and
localities have gained an additional net $4 billion in obligation
limitation thanks to the RABA provision. He called the RABA
provision a "simple, budgetary, arithmetic calculation based on
law" that was not subject to "policy calls or policy
interpretation."
Sen. Max Baucus (D-MT) asked the Secretary if the Bush
Administration would support increasing the obligation limitation.
Mineta responded "we haven't gotten to that point," but added that
the administration had to take into account the increasing
deficits in the overall budget picture. On Friday, Baucus
introduced an amendment to a proposed economic stimulus bill that
would increase the states' obligation authority for highways by $5
billion. A vote on the amendment could come as early as Monday or
Tuesday. Baucus noted that the more than $18 billion positive
balance in the Highway Trust Fund helps to mask the overall budget
deficit.
Looking ahead, Mineta maintained that steps should be taken to
"smooth" the radical swings in funding that have resulted from the
RABA calculation. National Governors' Association Executive
Director Raymond Scheppach agreed with Mineta, noting that the
funding swings play havoc with capital programs.
Scheppach added that further compounding the $9 billion cut in
highway funding is the fact that the fiscal situation of the
states is rapidly deteriorating. Currently, states are reporting a
$40 billion shortfall in revenues while facing $6 billion in state
costs for security measures, he said.
FHWA Releases Charts
On Thursday, the Federal Highway Administration issued a chart
showing the estimated effects of negative RABA on the states in FY
2003. The chart estimates the FY 2003 obligation limitation
provided to each state, along with the allocated programs,
compared to the actual FY 2002 distribution. The chart indicates
that contract authority will not be reduced as a result of the
negative RABA until FY 2004.
FHWA also released a chart showing the state shares of RABA
from FY 2000 through FY 2003. The charts are available on FHWA's
website at http://www.fhwa.dot.gov/raba.htm.
The new charts paint a more negative picture for state highway
programs than had initially been presumed, since the final revenue
calculation for FY 2001 is lower by $1.9 billion than had been
estimated last August.
Industry to Fight Cuts
Meanwhile, the American Road and Transportation Builders
Association (ARTBA) vowed to launch a "hard-hitting, grassroots
lobbying and advocacy campaign" to avert what it called a
"catastrophic cut in the FY 2003 federal highway program." ARTBA
Chairman John Wight said "A 30 percent reduction in federal
investment would have devastating impacts on highway safety,
congestion mitigation and American jobs. And it is unnecessary
when there is a $19 billion balance in the Highway Trust Fund."
ARTBA projected that more than 125 industry leaders will visit
with members of Congress on February 5-6, when the association
conducts a Washington "fly-in" with other industry
groups. Mineta Comments on Status of NPRMs
Secretary of Transportation
Norman Mineta told the Senate Environment and Public Works
Committee he is considering withdrawing the proposed planning and
environmental streamlining regulations and making refinements in
the reauthorization process.
While not formally announcing the withdrawal of the proposed
rules, Mineta on Thursday hinted to the Senate Environment and
Public Works Committee that it is his "feeling" that the proposed
rules should be addressed during the reauthorization of the
Transportation Equity Act for the 21st Century (TEA-21). Mineta
said in the meantime, the Department is working to institute
improvements to the environmental process through administrative
action.
Mineta expressed his thoughts in response to questions from
Committee Ranking Member Robert Smith (R-NH), who claimed that the
proposed rules did not reflect the intent of Congress. Smith said
the rules should be withdrawn, adding that the Committee would
seek to incorporate specific streamlining provisions into the new
legislation.
The notices of proposed rulemaking to implement the
streamlining provisions of TEA-21 were introduced by the Federal
Highway Administration and Federal Transit Administration in May
2000. In comments to the Department of Transportation, AASHTO and
other organizations -- along with some members of Congress --
expressed concern that the proposed regulations would further
complicate the transportation project-approval process. Those
regulations have languished at the Department of Transportation
since the Bush Administration took control last year.
While the proposed rules have been on hold, the Federal Highway
Administration has taken a number of administrative steps to
improve the process, including participating in memoranda of
understanding between federal regulatory agencies in Washington,
regional MOUs, and establishing best practices. Mineta told the
panel he will continue to seek
improvements. Economic Stimulus Debate Begins
Senate Majority Leader
Thomas Daschle (D-SD) opened debate this week on a revised
four-point economic-stimulus package as lawmakers returned for the
second session of the 107th Congress.
Daschle moved his proposal to the floor quickly by offering it
as a substitute amendment for another bill that had been included
as part of last year's tax-cut package. Republicans offered no
objection to bringing the bill to the floor, but did not agree to
restrict amendments as a means of achieving swift action.
Nonetheless, Republican Minority Leader Trent Lott (R-MS) said
that his aim was "to get a bill" and to avoid a filibuster.
Daschle described his bill as a compromise proposal that
contained provisions acceptable to both sides. The House last year
passed two versions of an economic-stimulus bill, but Daschle
refused to bring either to the Senate floor in December. Daschle's
bill includes a 13-week extension of unemployment benefits, a $300
check for those who did not receive tax rebates last year from the
tax-cut package; tax benefits for businesses buying equipment; and
an additional $5 billion in Medicaid funding to assist states in
supplying health benefits to the poor.
Lott indicated that Senate Republicans had not agreed on the $5
billion in Medicaid funding.
Prospects for the bill are uncertain. Alan Greenspan, chairman
of the Federal Reserve, indicated to the Senate Budget Committee
on Thursday that the economy is showing signs of recovery and a
short-term stimulus may not be needed. That is likely to influence
action in the Senate, as well as any House-Senate conference.
Meanwhile, Senate Democrats and Republicans are preparing
amendments, including one by Sen. Max Baucus (D-MT) to up the
states' obligation authority for highways in FY 2003 by $5 billion
(see the lead story in today's AASHTO Journal). New York
Senators Charles Schumer (D) and Hilary Clinton (D) reportedly
intend to seek additional tax breaks for investments to help
rebuild areas of New York City. Democrats may attempt to add
health- insurance coverage for the unemployed, while Republicans
may seek to include some of the tax benefits included in the
House-passed bills. White House Confirms: Budget in
Deficit
The White House's budget
director on Wednesday confirmed that the federal government is
expected to run a deficit in the coming year - to the tune of $106
billion - in a media briefing that confirms gloomy news from
budget analysts on Capitol Hill, the Washington Post
reported.
White House budget director Mitchell E. Daniels Jr. told
reporters the federal budget is likely to run deficits through the
remainder of President George W. Bush's term, then return to
surplus status later in the decade. Daniels' details surprised
reporters, who are unused to hearing such information from the
executive branch prior to the formal release of the president's
budget, slated this year for early February.
On the Hill, the Congressional Budget Office released a
similarly troubling forecast. A combination of recession-spurred
reductions in tax revenue coupled with boosts in social service
spending needs has helped push the deficit, along with new costs
for military and homeland security protections engendered by
terrorist attacks on U.S. sites last September.
The CBO, however, suggested that the president's tax cut made
the difference between a slight surplus and the forecast deficit.
Democrats have suggested that the GOP-led tax cut precipitated the
shift from surplus to deficit.
The Post reported that the White House may be altering
an earlier stance - that the president's budget would leave Social
Security payroll taxes in Social Security and not use them to
finance other governmental programs. That hot button may prove
difficult for partisans on both sides of the aisle to resist: Sen.
Deborah Ann Stabenow, a Michigan Democrat, compared the situation
to the problems of failed energy corporation Enron, telling a
Senate Budget Committee hearing, "The top 1 or 2 percent of the
public will get major tax cuts paid for by the retirement earnings
of Social Security and Medicare by the majority of Americans."
Daniels disagreed, replying that the tax cut was "very wise
public policy" and would phase in gradually over a decade, giving
Congress more opportunities to amend the policies in future if
conditions warrant.
Last year, the White House projected a federal budget surplus
of $231 billion this year. The change represents the largest
decline from a surplus since 1952.
Daniels noted that projections fluctuate significantly and
often are "of very, very little use." He described the
administration forecast as "this year's wild guess."
The CBO forecast assumes no changes in policy, with spending
growing at the rate of inflation. The agency that the budget would
experience a $21 billion deficit in 2002 and a $14 billion deficit
in the following year. The CBO forecast does not include recent
congressional or administration promises of greater spending on
farm programs or new security and anti-terrorism programs, while
Daniels' office has included those.
The White House projections assume passage of an economic
stimulus plan this year.
Differences in the two prognostications include slightly higher
growth in the CBO forecast (0.8 percent in 2002 and 4.1 percent in
2003) than in the administration's, which calls for 0.7 percent in
2002 and 3.8 percent in 2003. TEA-21 Reauthorization Priorities
Outlined
Maintaining the funding
guarantees, more flexibility, and more involvement of local
officials in transportation decisions were among the themes
discussed during a Senate Committee hearing on the reauthorization
of TEA-21.
The Senate Environment and Public Works Committee held the
first of 11 hearings that will take place this year in preparation
for reauthorization. Committee Chairman Jim Jeffords (I-VT) noted
in his opening remarks that TEA-21 and its predecessor, the
Intermodal Transportation Efficiency Act (ISTEA), provide a solid
base on which to refine the program. He said his priorities
include creating a more inclusive process and improving the safety
and security of the system.
During the hearing, the funding guarantees and the use of
Highway Trust Fund money for other modes were discussed. In
responding to a question by Sen. Max Baucus (D-MT), Secretary of
Transportation Norman Mineta told the panel that he supports the
funding "firewalls" for highways, but acknowledged that "there
will be some arm-wrestling within the administration" regarding
the funding guarantees during reauthorization.
Throughout the hearing, Mineta expressed his opposition to
using Highway Trust Fund money for other modes. He added that
ISTEA and TEA-21 both emphasized intermodalism, and Trust Fund
revenue should be also used to improve intermodal connectors.
Chairman Jeffords expressed his support for allowing Highway
Trust Fund revenue to be used for rail and other modes as a way to
achieve a more balanced transportation system. Mineta disagreed,
saying that with highway needs so great, it is important to
minimize "who will be at the table drawing funds." He stressed the
importance of seeking new innovative financing and public/private
partnerships to address other modal needs.
More Local Involvement Supported
During the hearing, some of those who testified called on
Congress to give city and rural officials more authority in the
transportation decision-making process and direct access to
federal funding.
Pete Clavelle, Mayor of Burlington, Vermont, spoke on behalf of
the National League of Cities. He said city and town officials
should be given more flexibility to manage and operate their
transportation systems, and expressed support for developing a new
program that provides local funding to address congestion
management.
Testifying for the U.S. Conference of Mayors, Boise, Idaho
Mayor H. Brent Coles also called for more input in the
transportation-planning process. He cited a survey of the nation's
mayors that indicates only 40 percent of respondents were asked by
the state to participate in the planning process. He expressed
support for a block-type grant program to deliver federal funding
to local officials.
Chris Hart, a commissioner of Hillsborough County, Florida
discussed the needs of rural areas in his testimony on behalf of
the National Association of Counties. He said regulations to
implement a TEA-21 mandate that expands consultation with rural
officials has not been implemented by the U.S. DOT. Hart said with
a majority of highway fatalities taking place on rural two-lane
roads, a separate program should be created to address the
problem. United Airlines Will Accept Mechanics' Pay Raise
Officials of United Airlines
announced on Tuesday the carrier will go along with a
recommendation by a specially appointed Presidential Emergency
Board and grant a significant pay increase to United mechanics,
who had threatened to strike following more than a year of talks.
The recommendation marks the first time the panel - named by
President George W. Bush Dec. 20 to forestall a strike -- has made
a specific economic proposal.
The panel recommended that United grant its nearly 13,000
mechanics a pay increase of 37 percent. The board said there was
"no justification" in not giving mechanics their first raise since
1994. The increase will boost a senior United mechanic's hourly
pay to $35.14, with increases to $37.54 by mid-2004. The union,
whose top mechanics now make $25.60 an hour, had sought top pay of
$39.27 per hour.
Like many airlines in the wake of reduced travel following the
terrorist attacks in the United States last Sept. 11, United faces
financial challenges, the Associated Press reports. UAL lost $2.84
billion during the first nine months of 2001 and is expected to
report another quarterly loss this week. Effective last October,
the airline laid off 20,000 workers and cut 30 percent of its
daily flights. DOT Security Employees to Begin Taking Over from National
Guard at Airports
The Secretary of the Army
told the Washington Post this week that Department of
Defense officials hope to begin replacing National Guard troops -
who have been patrolling civilian airports nationwide since
terrorists attacked the United States on September 11 - with
civilian workers being hired by the newly created Transportation
Security Administration.
Thomas E. White, Secretary of the Army, said President Bush
will set a timetable for the changeover. The president mobilized
the guard to ensure public safety following the deadly attacks in
New York, at the Pentagon in Virginia and in Pennsylvania, where a
hijacked plane crash-landed in a rural area, apparently after
passengers overcame the terrorists piloting the craft.
"We will obviously do what's necessary to protect our country,"
White said, but he added that local civilian authorities have been
expected to resume provision of such services in the long run.
National Guard troops helping guarantee border security in some
states also should eventually be replaced by other authorities,
White said.
Transportation Security Administration spokesman James P.
Mitchell said the shift away from National Guard will take place
on an airport-by-airport basis as TSA employees are hired and
trained. He declined to cite any particular time frame for the
full changeover. The TSA is charged with hiring more than 28,000
security screeners under a recent law, and also must have
explosives-detection systems on line for checked baggage by the
end of the year.
Homeland Security Director Tom Ridge told the U.S. Conference
of Mayors on Wednesday that the Bush Administration will seek to
roughly double spending on security in the coming year, to help
local officials begin to assume increased security costs locally.
The total price tag is expected to exceed $2.6 billion by the end
of 2002. FRA
Announces Position Openings
The Federal Railroad
Administration (FRA) is seeking three qualified individuals to
fill top-level posts within the agency.
The positions include Associate Administrator for
Administration and Finance, Deputy Associate Administrator for
Railroad Development, and Director of the Office of Safety
Assurance and Compliance.
The Associate Administrator for Administration and Finance
position entails providing direct management oversight of FRA's
budget office, human resources, procurement, information
technology, and related administrative functions
The Deputy Associate Administrator for Railroad Development is
a position that, in tandem with the Associate Administrator for
Railroad Development, manages FRA's investment and related
programs including passenger rail (including high-speed rail)
policy and financial assistance. The offices also oversee loans
made under the Railroad Rehabilitation and Improvement Financing
program (RRIF) and railroad-related research and development and
demonstration of advanced technologies.
The Director of the Office of Safety Assurance is the principle
advisor to the administrator and the associate administrator for
FRA's safety regulatory enforcement, accident investigation and
field operations.
Further information on these positions can be found at FRA's
web site at http://www.transportation.org/publications/journal.nsf/SearchSite/www.fra/dot/site/specannc.htm. Pennsylvania Proposes Truck Safety
Measures
Pennsylvania Governor Mark
Schweiker proposes a series of stringent measures designed to
reduce the rising number of heavy-truck-related accidents on
Pennsylvania highways.
Schweiker told the state's first-ever truck safety conference
that "Too often, safe driving is being replaced by careless
driving." The conference, January 23 and 24 in Carlisle, was
attended by state and federal transportation officials,
driver-safety groups, and national trucking organizations.
Schweiker unveiled several legislative, policy, and educational
initiatives to aid in the administration's goal of making
Pennsylvania's roads the safest in the country. According to
Schweiker's office, crashes in the year 2000 involving heavy
trucks were the highest in five years in the Keystone State.
"Pennsylvania takes great pride in being the safest state in
the nation," he said. "Today we continue to address safety and
security - - this time on our heavily traveled roads."
Schweiker laid out a wide range of truck-safety measures, with
specific focus on education, penalties and enforcement for both
heavy-truck and automobile drivers. Some of the initiatives
include targeting aggressive drivers; exploring ways to improve
driver education for both heavy-truck and automobile drivers; and
holding more frequent and random heavy-truck and waste-hauler
inspections.
Schweiker said his administration has spent $8 billion on major
highway projects and another $6 billion on maintenance to make
Pennsylvania's highways safer. "Since 1995, this administration
has transformed Pennsylvania's highway system from one of the
worst in the nation to one that constantly earns honors for being
the most improved," Schweiker said. "Someday soon, it will be the
model for 21st century highway
transportation." Easterly Named Illinois Highway Director
James Easterly has been
named Director of Highways for the Illinois Department of
Transportation.
Easterly, who will continue in his current status as District
Engineer for District 8 until the end of the month, assumed the
top post on January 16. He is a licensed professional engineer and
has spent more than three decades with the department.
He is a Civil Engineering graduate of Bradley University, and
has a master's in Public Administration from the University of
Illinois. Easterly has previously served as Bureau Chief of
Construction for District 8; Bureau Chief of Construction for the
Central Office; and District Engineer for District
6. Fall/
Winter 2001 Issue of "Innovative Finance"Available.
The Federal Highway Administration' s Fall/Winter 2001 Issue of
Innovative Finance Quarterly is enclosed.
This issue includes articles on the completion of New Mexico's
first GARVEE project; the availability of FY 2002 Transportation
Infrastructure Finance and Innovation Act Program funds; State
Infrastructure Bank activity including a progress report of Texas'
SIB program; and the Surface Transportation Program.
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