Mineta told the 250 attendees at the National Transportation Security Summit that "We must re-think the basic approach with which we provide for the safety and security of everyone traveling on America's transportation systems."

The Secretary announced a "crackdown on aviation security screening failures" which he said are occurring across the country. He warned that if any security breach is detected, rechecking and rescreening of passengers will be required. "When people fail to meet the current requirements, it is going to sting," he added.

Mineta also outlined a number of initiatives to protect railways, roads, transit systems, pipelines and waterways, including:

• Creation of a national infrastructure security committee to identify critical transportation assets and protection strategies for all modes;
• Introduction of legislation to create a Transportation Security Administration within the U.S. DOT to spearhead security for all modes of transportation;
• Introduction of the Rail Security Act of 2001, to expand railroad police authority and to assess risks associated with rail transportation and with the 50 most important U.S. ports; and
• Increased security requirements to address the problem of undeclared or hidden shipments of hazardous materials.

Mineta stressed the need for vigilance and commitment to restore confidence in the nation's transportation system, saying "patience is the new form of patriotism."

The National Summit was sponsored by AASHTO, the American Public Transportation Association, the California Department of Transportation (Caltrans) and the U.S. DOT Research and Special Programs Administration, and was organized by the Mineta Transportation Institute.

AASHTO Executive Director John Horsley told the audience that the security summit was one of several actions launched by the association in response to the terrorist attack, including the creation of a Task Force on Transportation Security to share experience and knowledge in combating risks.

Jeff Morales, Director of Caltrans, described his agency's and the California Highway Patrol's evaluation of security of major bridges and roads, stressing the need for a clear delineation of roles for DOTs and law-enforcement agencies.

Ellen Engleman, administrator of the RSPA, outlined the agency's search for innovative ideas in transportation security, both within government and from modal "direct action groups" which include key industry, labor and other stakeholders.

Security expert Brian Jenkins called upon attendees to instill a "security mindset," noting that terrorists choose targets which are symbolic or which present a potential for high fatalities. The twin goals of security programs are to save lives and minimize disruption, he said, adding that the maintenance of good communications is essential in event of an attack.

Dr. Frances Edwards-Winslow, director of emergency preparedness for San Jose, California, called for the development and testing of emergency response plans with all partners, and outlined steps to developing such plans.

Dr. Christine Johnson of the Federal Highway Administration highlighted FHWA training programs for evacuation planning and traffic incident management and noted FHWA's guidebook for security assessment of ITS infrastructure.

Other speakers addressed vulnerability assessments, management of major traffic incidents, transit security and multi-modal transportation protection.

AASHTO Task Force on Transportation Security Organizes

On Wednesday, following the security briefing, AASHTO's newly appointed Task Force on Transportation Security held its first meeting under the leadership of Chairman Henry Hungerbeeler. The Task Force, which includes state transportation officials and representatives of U.S. DOT and the Department of Defense, set priorities for action in the next 90 days:

• Prepare a Vulnerability Assessment Handbook for State DOT's for use in identifying critical infrastructure and preparing vulnerability and consequence assessments.
• Prepare Case Studies on the State DOT transportation responses on September 11, 2001, in the Washington, DC metropolitan area and the New York City metropolitan area.
• Prepare a Federal Legislative Proposal for special national security funding of highway facilities and operations needed to enhance security and military mobilization needs.
• Establish an AASHTO secure web-site for sharing information (vulnerability studies, countermeasure strategies, contact lists, etc.) among State DOT's.
• Conduct a survey among State DOT's to establish baseline information on such things as contact points, security studies underway or completed security.

Longer-term efforts being considered include guidebook(s) on such areas as major incident management and evacuation planning, bridge and tunnel surveillance and design for security, and media considerations; training programs; regional forums for sharing experiences; and longer term research on facility designs, surveillance and communication systems.

The task force will also cooperate with other organizations in the assessment of security needs for other modes including transit, rail and ports, as well as intermodal connections.

During the task force meeting, all the state DOT members described activities they have undertaken since September 11 to increase vigilance. The Florida Department of Transportation has assigned responsibility to its maintenance crews to observe and report on any suspicious activities they may observe during their daily rounds. The Washington State Department of Transportation has distributed a brochure to all its employees outlining their role as the "Eyes and Ears of WSDOT." It reminds them of the important role they have protecting security of key facilities, and urges: "Continue to do your everyday job with diligence and special attention to your surroundings . . . Keeping your eyes and ears open and taking appropriate action if you see anything suspicious is our best role."

Warning Issued on West Coast Bridges

In his opening remarks Highways and Transit Subcommittee Chairman Thomas Petri (R-WI) said "TEA-21 exemplifies sound policy and good government. Directly and indirectly, these projects are improving our quality of life by creating new jobs, allowing families to spend more time together, and increasing prosperity for businesses and individuals."

Appearing before the House Subcommittee on Highways and Transit were Commissioner Joseph L. Perkins of Alaska, Director David A. Galt of Montana; Secretary Pete Rahn of New Mexico; and Director William Ankner of Rhode Island. A second panel testifying at the hearing included transit, industry and local government officials.

Perkins highlighted the "unprecedented levels of much-needed funding for highways and transit, expanded flexibility for state usage of the funding" and the guarantees "that federal gasoline taxes are utilized for construction and operation of our nation's transportation systems." He said that the three tenets -- increased funding, flexibility and the firewalls - were crucial to the success of the legislation.

In addition to the Whittier Tunnel, used by both automobiles and trains and giving access for 531,000 people and 140,000 vehicles to the Whittier, Alaska, Perkins cited outstanding projects throughout the west made possible by TEA-21. Among those were the $1.6 billion I-15 corridor reconstruction project in Salt Lake City, the nation's largest design-build highway project. It was completed in half of the normal construction time and is essential for the 2002 winter Olympics. Perkins also noted transit projects financed by TEA-21, such as the expansion of the Portland light-rail system to serve the city's airport.

David Galt, Director of the Montana Department of Transportation, said his largely rural state is dependent on highways, many of which need to be brought up to modern standards. "TEA-21 has made a huge difference in moving toward this goal," he said. He also cited the economic benefit that has resulted from obligation of some $979 million in TEA-21 funds in Montana. Galt stressed the importance of the "firewall" that distinguishes trust-fund revenue from the rest of the domestic discretionary budget, and the Revenue Aligned Budget Authority (RABA) that guarantees such revenue will be spend on transportation.

Citing achievements in other states, Galt noted that South Dakota has invested an average of $70 million annually to improve its Interstate system, but still has an unmet backlog of $195 million. He also noted that through ITS funding, Wyoming, Montana and Montana are developing a joint port of entry to implement prepass technology for commercial vehicles.

Galt concluded "We like to say TEA-21 was a great drink for Montana - but in many ways it is more than a drink. It is a watershed that is capturing and providing sustenance to the transportation needs of the nation."

Pete Rahn, Secretary of the New Mexico State Highway and Transportation Department, told the panel that his state has reduced highway deaths and serious injuries, improved road conditions and relieved urban congestion as a result of TEA-21. He noted the state is adding more than 500 miles of new four-lane highways that will link 96 percent of its citizens. A 23-year trend of deteriorating highways has been reversed, he said, with the improvement of over 2,000 miles out of deficient status. He particularly praised the innovative financing strategies which have allowed the states to "intelligently leverage our resources."

One of the major projects he noted was the four-laning of New Mexico Highway 44, accomplished in four years rather than the 27 expected under traditional methods, and developed with the nation's first 20-year warranty for a highway construction project. He also cited the reconstruction of the Big I interchange of I-25 and I-40 in Albuquerque, which has been recognized for its cost-effective value engineering.

Bill Ankner, Director of the Rhode Island Department of Transportation, addressed "transportation's new focus" saying that TEA-21, and its predecessor ISTEA allowed states to look at investment from a transportation standpoint rather than a stovepipe standpoint, allowing for comprehensive solutions. Ankner also stressed the increased community involvement in transportation decisionmaking that has occurred.

Ankner raised the issue of environmental streamlining, urging that the federal government define its goals and set regulations accordingly so that results are achieved rather than spending dollars "checking off the right boxes." Ankner said that the transportation enhancement program as been "wildly successful across the country" helping communities to solve needs and serving to educate the public about the complexity of delivering transportation projects.

The hearing also featured a video produced by AASHTO and the American Public Transportation Association, titled "The Transportation Equity Act for the 21st Century in Action: Money at Work." The video was accompanied by a report citing many projects made possible by TEA-21. Copies of the report are available from AASHTO by calling 202-624-5800 or by accessing the AASHTO web site at www:transportation.org.

Stable Funding, Streamlining Key

Subcommittee ranking member Robert Borski (D-PA) asked the state officials about the importance of maintaining the funding guarantees provided under TEA-21 when it is reauthorized. Rahn noted that as the chief administrator of the transportation program in his state, any fluctuations in funding makes his job considerably more difficult. He said a timely reauthorization of the act is important.

Rep. C.L. "Butch" Otter (R-ID) asked about efforts to streamline the environmental permitting process, specifically whether highway funding was currently on hold due to projects that languish in the review process. Panelists responded that current delays in the permitting process result in funding being moved from high-priority projects that are on hold to lesser- priority projects in their state. Otter noted that identifying one agency to have overall responsibility in the permitting process was a critical step.

Transit, Local Officials Testify

Also appearing at the hearing were before the panel were Jefferey Warsh, executive director of New Jersey Transit; Gene McCormick, senior vice president of Parsons Brinckerhoff; Stacey Mortenson, Executive Director of California's Altamont Commuter Express; John Finn, vice president of HNTB Corporation; Richard Tidwell, deputy executive director of Metra; and Frank Kreusi, president of the Chicago Transit Authority.

McCormick stated that the transportation construction industry has worked hand-in-hand with state transportation departments and transit agencies "to use innovative financing and construction techniques to expedite critical projects around the country."

Noting the critical role transit has played in New Jersey to contain sprawl and improving citizens' quality of life, Warsh stated that numerous transit projects have been built on time and on budget. He also noted that the state has taken steps to substantially increase state funding for transit. Tidwell praised the funding guarantees provided under TEA-21, asserting that they "proved essential to our ability to establish stable and enhanced funding levels at the state level."

Although the position does not require Senate confirmation, it does require concurrence by the President. Wright's name has reportedly been forwarded to President Bush by U.S. DOT Secretary Norman Y. Mineta.

His remarks were aimed at breaking through a deadlock between the House, where majority GOP lawmakers have passed economic stimulus legislation focused on tax reduction, and the Senate, where majority Democrats say they will insist on more spending for stimulus, particularly in the form of aid to the jobless.

"The events of September 11 have really shocked our nation," Bush told the National Association of Manufacturers in a meeting at the White House. He urged Congress to "put aside political differences and act swiftly and strongly."

White House Press Secretary Ari Fleischer indicated the President will not be responsive to the Democratic approach, noting an agreement earlier this month to limit fiscal 2002 appropriations to $686 billion. "The president knows he has an agreement with Congress, and he expects that promise to be kept," Fleischer said.

Top Appropriator Speaks of Adding Domestic Security Funding

Though the idea is receiving a cool reception from the White House, House Appropriations Committee Chairman C.W. Bill Young (R-FL) is urging the addition of as much as $40 billion in additional emergency spending to boost domestic security before the end of this year's Congressional session, according to CQ Daily Monitor.

Congress enacted a $40 billion supplemental spending measure shortly after the Sept. 11 terrorist attacks on New York and Washington, of which $20 billion was allocated for emergency spending. "The fact is, we are going to go over the $20 billion," Young said. "The question is, when do you do it." Noting he recently visited the FBI, which is a focal agency investigating recent acts of terrorism, he said "I can tell you they're being shortchanged."

Young and other appropriators have suggested the extra funds may be added to a defense spending bill or to a new supplemental. Though Young did not say how far over the original $20 billion he might attempt to go, David Obey of Wisconsin, the Appropriations Committee's ranking Democrat, and Senate Appropriations Committee Chairman Robert C. Byrd of West Virginia both have said they may attempt to add about another $20 billion.

Obey said the funds in question are not economic stimulus financing, and added he does not want to see the funds he seeks caught up in the battle over tax cuts that has kept a stimulus bill from advancing.

The House version gives the president discretion to determine whether security screeners at airports should be federal employees or workers for private firms, while the Senate version called for all such screeners to be federal workers. The Senate proposal would add some 28,000 people to the federal workforce, a prospect House conservatives disliked.

"The American people deserve tough security standards and the House plan delivers," Bush said in a statement following the 286-139 vote in the House. "I urge the House and Senate to work together to send a strong and effective bill to my desk."

In addition to the presidential discretion in the hiring of federal or private screeners, details of the House bill include adoption of strict new standards for such screening and creation of a new Transportation Security Administration within the Transportation Department. It excluded the New York Port Authority and other groups from liability stemming form the Sept. 11 terrorist attack on the World Trade Center in New York, where the Port Authority had offices. It also calls for new screening of airline employees with access to planes, such as fuelers or cleaners, and background checks on anyone seeking flying lessons on large aircraft or simulators for large planes.

The Senate bill federalizes the entire screener workforce in the interest of upping pay and exacting closer quality-control over the work; creates a new airport security agency within U.S. DOT but gives the Department of Justice responsibility for oversight of security screeners; and places federalized security screeners at the nation's 142 largest airports. No airport size distinction exists in the House bill.

The House bill imposes a $2.50 fee for each one-way trip on passengers, to help cover additional new security costs; the Senate bill would impose the fee each time a passenger boards a plane.

Progress on the FY 2002 transportation spending bill (H.R. 2299) had been stalled over restrictions in the House and Senate bills on the operation of Mexican-owned trucks in the U.S. The Bush Administration, which had opposed the language in both the House and Senate version, last week submitted a compromise proposal that would reportedly phase in the truck inspections while facilities along the Mexican border were improved (AASHTO Journal, October 26). As a result Sens. John McCain (R-AZ) and Phil Gramm (R-TX) lifted their objections to sending the bill to conference, and the Senate named conferees on October 25.

Details of that proposal have yet to be made public. Transportation Appropriations Subcommittee chair and ranking member Patty Murray and Richard Shelby, who vigorously defended the bill's language on the Senate floor, were not consulted. McCain and Gramm agreed to move to conference based on assurances by Appropriations Committee Chairman Ted Stevens (R-AK) that their concerns would be address in conference.

Senate conferees include Sens. Patty Murray (D-WA), Robert Byrd (D-WV), Barbara Mikulski (D-MD), Harry Reid (D-NV), Herbert Kohl (D-WI), Richard Durbin (D-IL), Patrick Leahy (D-VT), Daniel Inouye (D-HI), Richard Shelby (R-AL), Arlen Specter (R-PA), Christopher Bond (R-MO), Robert Bennett (R-UT), Ben Nighthorse Campbell (R-CO), Kay Bailey Hutchison (R-TX), and Ted Stevens (R-AK).

The House of Representatives followed suit this week when they named conferees on Wednesday, who include: Hal Rogers (R-KY), Frank Wolf (R-VA), Tom DeLay (R-TX), Sonny Callahan (R-AL), Todd Tiahrt (R-KS), Robert Aderholt (R-AL), Kay Granger (R-TX), Jo Ann Emerson (R-MO), John Sweeney (R-NY), C. W. Bill Young (R-FL), Martin Sabo (D-MN), John Olver (D-MA), Ed Pastor (D-AZ), Carolyn Kilpatrick (D-MI), Jose Serrano (D-NY), James Clyburn (D-SC), and David Obey (D-WI).

A meeting of conferees could take place as early as next week, with Sen. Robert Byrd stating that he hopes to clear the transportation bill, along with the final versions of the VA-HUD, foreign operations, agriculture and Commerce-State Justice, by November 6. Consideration of the transportation by the Senate next week may be tenuous due to a demanding schedule.

House appropriators were sidetracked this week from moving the remaining spending bills when they raised objections to an attempt by the Rules Committee to mark up biennial budget legislation.

This week Congress managed to clear three more spending bills for the president's signature, which brings 5 of the 13 spending bills ready for sign off. They include energy and water development, interior, legislative branch, military construction and treasury/postal.

Federal Government Surplus Shrinks

The Bush Administration also announced this week that the federal government's surplus stood at $127 billion for the 2001 budget year, a reduction in the record figure of $237 billion set the year before. The shrinkage was attributed to a sour economy and the first $35 billion in a 10-year program of tax rebates which ultimately will total $1.35 trillion, according to The Associated Press.

Projections for the 2001 surplus - still the second-largest in U.S. history - have been reduced by the White House and congressional budget analysts this year as the economy has continued to weaken.

The tax-law change also shifted a due date for corporate income tax payments estimated to total about $33 billion by about two weeks to October 1, moving them into the 2002 federal fiscal year.

Some economists tell the AP that the government may post a deficit in the 2002 budget year, the first shortfall since 1997. Many economists say economic fallout from the September 11 terrorist attacks against New York's World Trade Center and the Pentagon near Washington pressed the economy toward recession this year. Those acts also contributed to the lower surplus, in part due to government spending to counter terrorism and give aid to its victims.

The clarification states that "Section 1012 cannot be implemented without U.S. DOT rulemaking. Until regulations to implement sec. 1012 are in place, states should continue to renew old, and issue new, commercial driver's licenses under their usual procedures."

Section 1012 of the anti-terrorism law (Public Law 107-576), signed by President Bush on October 26, amends the Hazardous Materials Transportation Act. Under the new law, states are prohibited from issuing or renewing a license to operate a vehicle transporting a hazardous material in commerce until U.S. DOT has first determined that the applicant does not pose a security risk. In addition, background checks by the Department of Justice would be required for those requesting a new license or renewing an existing license.

The section is identical to a bill (S. 1569) introduced earlier in this session of Congress by Senator Orin Hatch (R-UT), chairman of the Senate Judicial Committee.

Busick, 56, will hold the title Associate Administrator for FAA's Office of Civil Aviation Security. Busick said he will take the post for at least 120 days, during which time he said he expects plans to improve domestic airline security -- including the question of whether security should be federal, private, or a combination of the two -- will be worked out. At the conclusion of his federal stint, Busick said he plans to return to his current job as executive director of Global TransPark, a proposed industrial center and airfield in North Carolina.

Busick is a retired aviator and Coast Guard rear admiral. He directed the U.S. Department of Transportation's Office of Intelligence and Security 1993-1996, and has worked for the National Security Council.