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Volume 101 Number 51
December 21, 2001
Executive Digest

Congress
Information
Details

Congress Recesses for Year With No Action on Stimulus

    With no compromise reached on legislation to invigorate the nation's economy, the House and Senate on Thursday took final action on clearing the remaining FY 2002 spending bills and recessing for the year.

    House and Senate leaders on Thursday decided to wait until next year to consider an economic stimulus bill when it became clear that an agreement would not be reached. In a final push to get a bill through this year, the House on Thursday passed a new stimulus package drafted by Republicans that contained some Democratic priorities. That bill, passed by a 224-193 vote, included tax breaks for individuals and businesses along with some tax credits to help laid-off workers obtain health insurance.

    Still, Republicans and Democrats were unable to find agreement on the amount of tax relief and financial aid and health insurance for those who have lost jobs. Senate Majority Leader Tom Daschle (D-SD) refused to bring the measure to the Senate floor, maintaining that it would never muster the 60 votes needed to overcome procedural hurdles.

    With a stimulus package dead for the time being, Congress is headed home until January 23 after wrapping up final consideration on four remaining FY 2002 spending bills: Defense, District of Columbia, Labor/HHS, and foreign operations. An eighth continuing resolution was passed to keep the government operating until January 10 to give President Bush time to consider and sign the bills.


Defense Bill with Additional Transportation Funding Cleared


    The House and Senate yesterday approved the FY 2002 defense spending bill (H.R. 3388), which contains almost $2 billion in additional funding for transportation.

    The final FY 2002 Department of Defense bill was adopted by conferees on Tuesday, and was adopted by a 406-7 vote of the House. The bill later cleared the Senate by a 96-2 vote. The text of the bill is available on the House Rules Committee website at http://www.house.gov/rules/.

    The defense bill includes several modifications to the FY 2002 transportation appropriations bill, which was signed by the president on Tuesday (H.R. 2299, P. L. 107-87).

    Attached to the bill is the final $20 billion installment of the $40 billion anti-terrorism supplemental package. How to divide the package proved contentious. After days of negotiations conferees finally agreed to provide $3.5 billion for defense, $8.2 billion for recovery in states affected by the attacks, and $8.3 billion for homeland security.

    Included in the $20 billion supplemental is millions to help shore up transportation security and to repair transportation facilities affected by the terrorist attacks. The bill provides:

    • $93.3 million to the Transportation Security Administration to boost seaport security;
    • $209.1 million for the Coast Guard;
    • $200 million from the Airport and Airway Trust Fund for Federal Aviation Administration operations and $108.5 million for facilities and equipment;
    • $100 million from the balance in the Highway Trust Fund to expand ferry operations between New York and New Jersey;
    • $100 million to improve Amtrak-owned tunnels under the East and Hudson rivers; and
    • $100 million in capital-investment grants to repair transit facilities operated by the Port Authority of New York and New Jersey Transit.

    Additional Funding Provided

    In the defense bill, appropriators added funding for transportation beyond the $20 billion supplemental, and redirected $29.5 million in revenue aligned budget authority (RABA) to the Woodrow Wilson Bridge, $300,000 for a project in Mississippi and $4 million for an interstate maintenance project in Washington.

    As with the $100 million included for ferry service as part of the $20 billion supplemental, appropriators dipped into the balance of the Highway Trust Fund to provide New York an additional $75 million in emergency-relief funding to repair roads damaged in the attack.

    The Airport and Airway Trust Fund was tapped for an additional $50 million for the Essential Air Service program (see related article), $50 million for FAA research and development, and $175 million in airport improvement program (AIP) funding to help compensate airports for costs associated with new security requirements.

    Some $23.5 million in formula grants went to the Federal Transit Administration to improve transit security, while the Research and Special Programs Administration was given $23 million to increase pipeline security.

    Appropriators also amended the Transportation Equity Act for the 21st Century (TEA-21) by making Texas eligible to participate in the State Infrastructure Bank program, provided that it does not compete for funding previously allocated or apportioned to the other four states now participating.

    Language was also included in the final package barring Amtrak from drafting liquidation plans as a result of the November 9 decision of the Amtrak Reform Council (see related article).


Magaw, Transportation Security Nominee, Promises Best Effort on Deadlines

    The former Secret Service and Bureau of Alcohol, Tobacco and Firearms director nominated by President Bush to head a new U.S. DOT security agency told the Senate Commerce Committee on Thursday he will make every effort to meet Congressional deadlines for new airport security strictures.

    John W. Magaw, the nominee to head a new U.S. DOT-based Transportation Security Administration, gave the assurances as members of the committee warned him not to let the rules be weakened by pressure from airline executives or an unwieldy bureaucracy, the Washington Post reported. His remarks followed a flap last month spurred by Transportation Secretary Norman Y. Mineta's suggestion that it would be difficult for U.S. airports to meet a recently set January 18 deadline for explosives screening of every piece of checked baggage.

    "We must meet those deadlines and we will make every effort to meet them," Magaw told the panel during a confirmation hearing. He pledged to create a "systems approach to security" involving several lines of defense against potential threats, and said he would head a "flat, flexible, agile and responsive organization."

    Committee members alleged past patterns of failure, within U.S. DOT, to carry out tough airport security standards ordered by Congress. "We cannot accept the phrase, 'It cannot be done,'" Sen. John D. Rockefeller IV (D-WV) told Magaw.

    "You cannot let major airlines drive your agenda," added Sen. John McCain (R-AZ). "They should not have an inordinate amount of influence on decisions."

    Later Thursday, the Post reported, senior U.S. DOT officials briefing reporters on the new agency said they would not allow the airline industry to slip deadlines. On Feb. 17, the new agency will begin taking over contracts the airlines have had with private baggage-screening firms - chiefly with four large contractors supplemented by 60 smaller firms - with transition to a workforce of federal employees by November.

    On Wednesday, U.S. DOT issued the first set of standards for screeners, including passing an aptitude test expected to be ready in February. U.S. DOT also announced that each airport will have a federal security director who will be in charge of Transportation Security Agency operations there.


Rural Consultation Regulations Addressed in Defense Bill


    Conferees on the FY 2002 defense spending bill included language in the Statement of the Managers that directs the Federal Highway Administration to promulgate the rural consultation provisions of the statewide planning regulations by February 1, 2002.

    The action corrects an apparent mistake made in the final version of the FY 2002 transportation appropriations bill.

    As passed by the House and Senate and signed by the president, the final version of the transportation spending bill included language originally in the Senate bill report. It directed FHWA to submit a letter to the appropriations committees describing how transportation officials from rural areas are being included in the long-range transportation planning process.

    Conferees on the defense bill inserted language from the original House-passed transportation bill, which directed FHWA to actually issue the regulations.

    The provision inserted in the Statement of the Managers of the defense bill states, "the conferees are very concerned at the lack of progress the Department has made in issuing the rural consultation provision of the statewide planning regulations. After three years and a clear Congressional mandate under TEA-21, rural local officials continue to be left out of statewide planning discussions. The conferees fully expect this rule to be promulgated no later than February 1, 2002."

    AASHTO, which has concerns about the provision, will work closely with the administration on it.

    While the language in the Statement of the Managers of the defense bill is not statutorily binding, federal agencies often comply with the congressional direction. Thus far there has been no indication how the Department of Transportation will proceed.


Funding to Continue Air Service to Communities; FAA Lifts Some Flight Restrictions


    An additional $50 million was tacked on to the FY 2002 defense appropriations bill for the Essential Air Service (EAS) program, which may prevent cuts in air service to some communities. Meanwhile, the House Aviation Subcommittee passed a bill last week to provide some relief to general aviation airports hit by declining revenues.

    Meanwhile, the FAA this week eased airspace restrictions on private planes and such craft as news helicopters in 27 metropolitan areas, which had been in effect since commercial jets were used in terrorist attacks against the U.S. on Sept. 11. According to the Washington Post, private planes still cannot fly within 15 miles of Reagan National Airport in Washington, D.C., but the FAA's easing of "Class B" restrictions in metro areas around the nation will bring many private planes and such craft as news copters, blimps and sightseeing planes back to the skies. With airlines citing continued financial troubles since Sept. 11, service to many smaller communities has been significantly scaled back (AASHTO Journal, November 16). Smaller airports have also been taxed by instituting new mandatory security measures, especially in finding the personnel to screen passengers. A Washington Post article cited an airport in Roanoke, Virginia, where firefighters double as guards at gates, and one airport in the Shenandoah Valley where a sheriff's deputy is dispatched to screen passengers for each flight.

    Over the past four months there have been efforts to keep air carriers operating at smaller communities. Language was inserted in the $15 billion airline bailout bill (H.R. 2926, P.L. 107-48) directing the Secretary of Transportation to ensure that airlines receiving federal assistance continue to provide adequate service to small communities.

    While $63 million was provided in the FY 2002 transportation spending bill for EAS, the Department of Transportation had indicated that service to 45 communities could be cut. The Senate version of the defense bill (H.R. 3338) included an additional $57 million for the program, which conferees subsequently scaled back to $50 million. With a total of $113 provided for EAS, the Department of Transportation has indicated that no service cuts to eligible communities are likely.

    Conferees directed that the funding come from the Airport and Airway Trust Fund.

    Efforts Underway to Provide Relief to GA Airports

    Appropriators also included $175 million in additional funding in the defense bill to help airports offset costs related to implementing the new security regulations (see related article), which also comes from the trust fund. However, some lawmakers are looking to provide substantially more in relief to smaller airports.

    Last week the House Aviation Subcommittee cleared the General Aviation Industry Reparations Act of 2001 (H.R. 3347), which would provide compensation and assistance to GA airports as a result of the federal prohibitions on operations stemming from Sept. 11.

    The bill, which is modeled after the Air Transportation Safety and System Stabilization Act, offers $2.5 billion in direct compensation to eligible GA airports for losses incurred due to the grounding of aircraft after Sept. 11. An additional $5 billion in loan guarantees is authorized in the bill. Similar to the airline bailout bill, the funding is to be divvied up by the Stabilization Board.

    The bill was introduced by Subcommittee Chairman John Mica (R-FL), and it has 24 cosponsors. Further consideration of the bill by the full committee will likely take place next year.


Port Security Bill Clears Senate; Additional Funding Provided


    As conferees on the FY 2002 defense bill agreed to provide $93 million for improvements to port security, the Senate cleared a comprehensive port and maritime security bill before recessing for the holidays.

    The funding for port security was one of the components of the $20 billion anti-terrorism supplemental spending package which was attached to the defense appropriations bill (H.R. 3338). It represents the second installment of the $40 billion appropriated by Congress to deal with the recovery from the September 11 terrorist attacks.

    The largest share of the funding, $4.4 billion, went to the Federal Emergency Management Agency disaster relief program, with another $3.5 billion going to defense and $2.5 billion to public health and social services emergency funding.

    However, $93 million was designated for improvements to port security, while $50 million was provided for extension of the Essential Air Services program (see related article).

    Stand-alone Bill Passed

    Meanwhile, Senator Ernest Hollings (D-SC), Chairman of the Senate Commerce, Science and Transportation Committee, managed this week to bring up a broader port security bill (S. 1214) which authorizes billions of dollars for port improvements. The measure was passed by a voice vote yesterday.

    Under the bill, $1 billion in fiscal years 2002 through 2006 is authorized for port and maritime security, along with an additional $3.3 billion in loan guarantees. Some $390 million in grants is included for port infrastructure security improvements, along with $168 million for screening equipment and $145 million for additional inspectors.

    The bill creates a new $65 million sea marshal program that would give the Coast Guard broader authority to board ships for inspection. The measure also requires numerous security assessments and access restrictions at the nation's ports.

    No Funding for Amtrak

    Supporters of Amtrak were unable to include an additional $1.5 million to beef up security for the rail line. Senators Robert G. Torricelli (D-NJ), Joseph R. Biden, Jr. (D-DE) and Thomas Carper (D-DE) wanted assurances that funding will be included for additional security measures for the heavily traveled Northeast Corridor, but they were unable to tack the additional funding onto the port security bill.


Baucus, Grassley Outline Transportation Priorities for Committee Next Year


    The Senate Finance Committee will hold hearings on transportation financing issues next year, according to a statement from chairman Max Baucus (D-MT) and ranking member Charles Grassley (R-IA).

    Baucus said he will hold committee hearings on transportation-financing issues. "I'll place the protection of our transportation system on the top of our agenda in the Finance Committee," he said in a statement.

    The Finance Committee will hold hearings on the following issues next year:

    • The Highway Trust Fund - examining current and future tax scenarios and how those may affect highway trust fund income and reserves;
    • The Aviation Trust Fund - exploring current and additional revenue avenues, especially given the increased need for aviation security; and
    • Innovative Transportation Finance - finding innovative funding for roads, transit, rail and air, including examining the pros and cons of tax-exempt bonds and public-private partnerships.

Debate Over Amtrak's Future Heating Up


    The November 9 decision by the Amtrak Reform Council (ARC) to approve a resolution declaring that Amtrak would not meet its operating self-sufficiency goal by December 2002 has triggered several actions that cloud the future of Amtrak and national intercity passenger rail service.

    ARC's finding started the clock running on a requirement that Amtrak prepare a liquidation plan within 90 days and that the ARC prepare a reorganization plan. Both would be submitted to Congress, and neither would be binding on Congress.

    In a November 16 letter, 21 senators stated that "the ARC's vote was the wrong decision at the wrong time."

    Since ARC's action, Congress has cut FY 2002 funding for ARC from $750,000 to $250,000 in the DOT appropriations law. Congress also inserted a provision in the Department of Defense appropriations legislation barring Amtrak from working on a liquidation plan until Congress has acted on an Amtrak reauthorization, now scheduled for next year.

    At its December 14 meeting, after heated discussion about the accuracy of the minutes of previous meetings and the fairness of the Council's operations, the Council defeated a resolution to rescind its earlier finding on self-sufficiency. The remainder of the meeting was devoted to presentation and discussion of nine reorganization alternatives prepared by the ARC staff.

    The alternatives revolve around such basic issues such as the future of Amtrak itself, disposition of the Northeast Corridor, separation of operating and infrastructure responsibilities, the relationship between regional corridors and national service, governance nationally and regionally, the selection of operators and the role of the states in the future of intercity passenger-rail service.

    The ARC concluded by asking its staff to trim the number of alternatives to three or four, consolidating elements of the nine. Staff members agreed to get it done by Christmas. The alternatives will be discussed and decisions will be made at the next ARC meeting, scheduled for January 11, 2002. ARC must deliver its reorganization plan to the Congress by February 7.

    Bill Introduced to Continue Liquidation Plans

    A sign of the struggle to come may be seen in the "Systemic Passenger Infrastructure and Network Overhaul through Financial Freedom Act," a bill that Congressman John L. Mica (R-Fla.) intends to introduce before Congress recesses. Mica, an Amtrak opponent, is reportedly aggravated by the DOD appropriations provision blocking work on the Amtrak liquidation plan.

    Mica's bill would transfer ownership of the Northeast Corridor to U.S. DOT and have its officials make long-term decisions on passenger-service provision in the corridor.


Bush Heads Off Strike by United Mechanics


    President George W. Bush blocked a strike by United Airlines mechanics on Thursday by naming an emergency board, postponing the strike - which the union had called for midnight - at least 60 days, the Washington Post reported.

    The president's action gives United time to try to work out labor problems, but United - whose bottom line has suffered as a result of the slowing economy and reduced airline travel following the terrorist attacks on the United States Sept. 11 - has little slack in its budget with which to make concessions. United has cut about 20,000 jobs and eliminated about 750 daily flights; it also recently fired its chairman.

    United and the International Association of Machinists, which represents United's 15,000 mechanics, have been in talks for two years. Should a strike be called at the close of the 60 days, Congress also has the option of forestalling a walkout.


Urban Highway Safety Examined



Highway Quality Partnership Honors Projects in 11 States


Rhode Island to Pinpoint Location of Cell Phone 911 Calls

    The director of the Rhode Island 911 emergency telephone system says that state will be the first in the nation to give dispatchers ability to locate the sites from which cellular 911 emergency calls for aid are made. The system would use "enhanced 911," which relies on global positioning satellite technology to pinpoint a cellular telephone's location.

    Currently, many states and localities are able to instantly pinpoint the location of 911 calls made from land-line phones, saving precious minutes getting police or ambulance aid to people making such calls, who often are too ill or distracted to give dispatchers clear directions on how to find them.

    Currently, in Rhode Island, more than half the 911 calls coming in are made from portable telephone sets. ``When you listen to one or two of those calls, you realize how serious it is,'' Raymond Labelle, director of the state's 911 system, told the Associated Press.

    In the mid-90s. the Federal Communications Commission set deadlines for implementing such a system, but nationwide, compliance has been slow.


Winning Photos Featured on Website


    The winners of AASHTO's "Faces of Transportation" photography contest are featured on the home page of the AASHTO web site at www.transportation.org

    The winning entries were drawn from more than 50 entries spanning the United States, and were featured at the AASHTO Annual Meeting in Fort Worth, Texas in early December. Professional photographer Jim Richardson, whose work appears frequently in National Geographic, chose the winners.

    The first-place award of $1,000 went to Gregg Gargan of the Colorado Department of Transportation with his photo of a bridge worker, taken south of Denver at Parker Road and Interstate 225 in April, 2001.

    "Mr. Gargan's remarkable photo exemplifies the strength and security of our nation's transportation system, and puts a human face on the many dedicated men and women who make it work," said John Horsley, AASHTO's Executive Director.

    Taking the second place prize of $500 is Michael Amador of the Texas Department of Transportation, with his photo of a road crew paving a stretch of highway in rural Texas.

    The two Honorable Mention winners were D. Allen Covey, with a photograph of the Smart Road Bridge - Virginia's tallest bridge - spanning picturesque Ellett Valley, Virginia, and Tom Saunders with his photo of the Virginia Department of Transportation's Smart Traffic Center in Hampton Roads, Virginia.

    The Faces of Transportation Photography Contest is sponsored by AASHTO to highlight the role of people -- as creators and as customers -- in the nation's highway and surface transportation system. For further details about the contest, please visit the AASHTO web site.


Santa Claus Makes Stops Via BNS Special Train


    Santa Claus made several stops via the "Santa Claus Express," a special Burlington Northern and Santa Fe Railway (BNSF) train, this past week.

    The colorful whistlestop tour visited 29 locations in Missouri and Kansas December 8- December 17. BNSF employees spent months volunteering their spare time to prepare the train's special decorations including thousands of lights, a 16-foot-tall Christmas tree, 7-foot-tall candles, 11-foot tall toy soldiers, and of course Santa's sleigh.

    The "Santa Claus Express" wrapped up its tour in Springfield. BNSF and its employees called it a way of giving something back to the communities they serve.


AASHTO Appointments


    President Bradley L. Mallory made the following appointment to AASHTO committees:

    Sandra Larson, Deputy Director of the Engineering Bureau at Iowa DOT has been appointed the vice-chair of the Highway Subcommittee on Bridges and Structures.

    Barry Warhoftig of the West Virginia Department of Transportation has been appointed delegate to the National Committee on Uniform Traffic Control Devices;

    Edward Fisher of the Oregon Department of Transportation has been appointed alternate delegate to the National Committee on Uniform Traffic Control Devices;

    Rick Collins of the Texas Department of Transportation has been appointed alternate delegate to the National Committee on Uniform Traffic Control Devices; and

    Kenneth Wood of the Illinois Department of Transportation has been appointed alternate delegate to the National Committee on Uniform Traffic Control Devices.


Final Issue for 2001


    This issue of the AASHTO Journal will be the last published this year, with publication resuming January 4, 2002.

    AASHTO Executive Director John Horsley and the entire AASHTO staff extend the warmest holiday greetings to our readers and transportation colleagues, and best wishes for a healthy and prosperous new year.


AASHTO, FHWA Showcase Scenic Byways


    Speaking at a 10th anniversary celebration of the National Scenic Byways Program Tuesday, Federal Highway Administrator Mary Peters and AASHTO Executive Director John Horsley this week unveiled a new report highlighting outstanding byway projects across America.

    The projects were identified though a competition sponsored by AASHTO, the FHWA and America's Byways Resource Center earlier this year, which drew 41 entries from 21 states. The new publication, The Road Beckons: Best Practices for Byways, provides detailed project writeups of the nine winning entries, including features, benefits, partners and lessons learned.

    Peters told the audience, "Byways link us to America and what is real. They tell America's story. They are all about appreciating our nation's beauty and getting in touch with the land and its people. Whether you want to travel close to home or plan a drive cross-country, byways provide people with exciting new travel choices. They are the treasured destination for people willing to wander a little."

    Horsley noted that in the decade since its authorization under the Intermodal Surface Transportation Efficiency Act, $157 million has been invested in 1,146 projects nationwide. He said all of the nation's scenic byways generate a sense of pride and enthusiasm for those involved, and also provide a key component in national tourism.

    Winners highlighted in the report are:

    • Colorado - San Juan Skyway Historic Mining and Railroad Sites Preservation Plan;
    • Colorado - America's Byways Multimedia Series on the San Juan Skyway
    • Illinois - Cumberland County Covered Bridge on the National Road
    • Kansas - Flint Hills Scenic Byway Overlook
    • Nevada - Memorial Point Overlook, Eastshore Drive National Scenic Byway
    • New York, Vermont - Lake Champlain Byways Interpretive Projects
    • Oregon - Historic Columbia River Highway State Trail and Interpretive Panels
    • Oregon - Preservation of Oregon Historic Coastal Bridges, Pacific Coast Scenic Byway.

    Single copies of the full report may be obtained at no charge by contacting AASHTO at (202) 624-5800.




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