Download JOBS Legislation - Minnesota Department of Transportation

MN/DOT—ACEC/MN Annual
Conference: Partnering for the
Future of Transportation
March 2, 2010
111th Congress-Federal Update
Dennis McGrann, Federal Transportation and Infrastructure Group,
Washington, DC
1
“Laws are like sausages, it is better not to see
them being made”
-Otto von Bismarck
2
United States Congress




Senate: 57 Democrats, 41 Republicans, 2
Independents
House of Representatives: 255
Democrats, 178 Republicans, 2 vacancies
(FL-19CD & PA-12CD)
16 Democrats up for re-election in
November 2010
18 Republicans up for re-election in
November 2010
3
Minnesota Congressional
Delegation: Committee Assignments
Senator
Amy
Klobuchar
(D-MN)
•Committee on Commerce, Science and
Transportation
•Committee on Environment and Public
Works
•Committee on Agriculture, Nutrition and
Forestry
•Committee on Judiciary
•Joint Economic Committee
Senator Al
Franken
(D-MN)
• Committee on Health, Education, Labor and
Pensions
• Committee on Indian Affairs
• Committee on Judiciary
• Special Committee on Aging
4
Senator Klobuchar’s Committees
“Senate Committee on Commerce, Science and Transportation”
Committee Leadership
• Senator John “Jay” Rockefeller IV (D-WV), Chairman
• Senator Kathryn Ann Bailey “Kay” Hutchison (R-TX), Ranking Minority Member
Committee Jurisdiction
• Highway safety
• Interstate Commerce
• Regulations of interstate common carriers, including railroads, buses, trucks, vessels,
pipelines, and civil aviations
• Science, Engineering, and technology research and development and policy
• Transportation
• And similar subjects
Klobuchar’s Subcommittee Membership
•Competitiveness, Innovation, and Export Promotion, Chairman
•Aviation Operations, Safety, and Security
•Communications, Technology, and the Internet
•Consumer Protection, Product Safety, and Insurance
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Senator Klobuchar’s Committees
“Committee on Environment and Public Works”
Committee Leadership
• Senator Barbara Boxer (D-CA), Chairman
• Senator James Inhofe (R-OK), Ranking Minority Member
Committee Jurisdiction
•
•
•
•
•
Construction and maintenance of highways
Noise Pollution
Public works, bridges, and dams
Regional economic development
And similar subjects
Klobuchar’s Subcommittee Membership
• Children’s Health, Chairman
• Superfund, Toxics and Environmental Health
• Transportation and Infrastructure
6
Minnesota Congressional
Delegation: Committee Assignments
Congressman
Tim Walz
(D-MN-01)
• Committee on Transportation and
Infrastructure
• Committee on Agriculture
• Committee on Veterans’ Affairs
Congressman
John Kline
(R-MN-02)
• Committee on Armed Services
• Committee on Education and Labor, Ranking
Minority Member
Congressman
Erik Paulsen
(R-MN-03)
• Committee of Financial Services
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Congressman Walz’s Committee
“Transportation and Infrastructure”
Walz’s Subcommittee Membership
• Railroads, Pipelines, and Hazardous Materials,
Vice Chair
• Highways and Transit
• Economic Development, Public Buildings and
Emergency Management
8
Minnesota Congressional
Delegation: Committee Assignments
Congresswoman
Betty McCollum
(D-MN-04)
Congressman
Keith Ellison
(D-MN-05)
• Committee on Appropriations
• Committee on Budget
• Committee on Financial Services
• Committee on Foreign Affairs
Congresswoman
Michele Bachmann • Committee on Financial Services
(R-MN-06)
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Congresswoman McCollum Committee
“Appropriations”
Committee Leadership
• Congressman David “Dave” Obey (D-WI), Chairman
• Congressman Charles Jeremy “Jerry” Lewis, Ranking Minority Member
Committee Jurisdiction
•
•
•
•
Appropriation of the revenue for the support of Government
Rescissions of appropriations contained in appropriations Acts
Transfer of unexpended balances
Bills and joint resolutions reported by other committees that provide new
entitlement authority as defined by the Congressional Budget Act of1974
McCollum’s Subcommittee Membership
• Labor, Health and Human Services, Education and Related Agencies
• Legislative Branch
• State, Foreign Operations, and Related Programs
10
Minnesota Congressional
Delegation: Committee Assignments
Congressman
Collin
• Committee on Agriculture,
Peterson
Chairman
(D-MN-07)
Congressman • Committee on
James
Transportation and
Infrastructure,
Oberstar (DChairman
MN-08)
11
Congressman Oberstar’s Committee
“House Transportation and Infrastructure Committee”
Leadership
• Congressman James “Jim” Oberstar (D-MN-08), Chairman
• Congressman John Mica (R-FL), Ranking Minority Member
Committee Jurisdiction
• The construction or maintenance of roads and post roads
• Related transportation and regulatory agencies except the transportation security administration
• Roads and the safety thereof
• Transportation including, civil aviation, railroads, water transportation, transportation safety,
transportation infrastructure, transportation labor, and railroad retirement and unemployment
• And similar subjects
Oberstar’s Subcommittee Membership
• Aviation, Ex Officio,Voting
• Coast Guard and Maritime Transportation, Ex Officio,Voting
• Economic Development, Public Buildings and Emergency Management, Ex Officio,Voting
• Highways and Transit, Ex Officio,Voting
• Railroads, Pipelines, and Hazardous Material, Ex Officio,Voting
• Water Resources and Environment, Ex Officio,Voting
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Current Federal Funding
Streams
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Sources of Federal Transportation
Funding
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Annual Appropriations Legislation
Authorization Legislation
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Transportation (SAFETEA-LU)
Federal Aviation Administration (FAA)
Federal Railroad Administration (FRA)
Water Resources Development Act (WRDA )
President’s Budget
JOBS Legislation
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Appropriations Legislation

All twelve FY 2010 Spending Bills were passed

Transportation Housing & Urban Development
(THUD), Commerce-Justice-Science, Financial Services, Labor Health &
Human Services, Military Construction,Veterans Affairs, and State &
Foreign Operations were passed in a consolidated measure, also known as
the Omnibus
◦ Passed into Law, December 16, 2009

The FY 2011Appropriations process has begun.
◦ House Committee deadline March 19th
◦ Senate Pending
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Appropriations
The legislative path of an appropriations bill in either the House or Senate generally
looks like this:
1. Hearings
The subcommittee listens to constituent concerns and the Administration’s priorities
2. Introduction-The “Mark”
The subcommittee chair writes the bill and introduces it to Congress
3. The “Mark-up”
Subcommittee members work on the bill to make it reflect their priorities. They also draft report
language, which accompanies the appropriations bill, explaining priorities and giving direction to federal
agencies
4. Committee votes
The subcommittee votes on the final proposal, and passes it to the full committee. The full committee
can also make changes before voting and passing the bill for action on the House or Senate floor
5. Floor vote
The bill is considered on the floor of the House or Senate
6. Conference
House and Senate members are appointed to a conference committee to iron out differences between
the House and Senate versions of the bill
7. Final passage
The House and Senate take action on the final bill coming out of conference
8. Presidential signature
The bill is presented to the President. If he signs it, it becomes law. If he vetoes it, a two-thirds vote of
the House and Senate is needed to override the veto. Otherwise, Congress must address the President’s
concerns
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Appropriations:
FY 2010 TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT APPROPRIATIONS
Priorities in the bill are focused on five major goals:
1. Investing in our nation’s transportation infrastructure
2. Providing assistance to vulnerable populations
3. Revitalizing local communities by making sustainable investments
4. Addressing the transportation and housing needs of rural
communities
5. Minimizing the number of people who lose their lives or are
injured in their travels.
Bill Overview:
$122.1 billion- Budgetary Resources for Programs
$977.4 million below President’s request
$13.4 billion above the 2009 level (excluding the Recovery Act funding)
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Appropriations:
FY 2010 TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT APPROPRIATIONS
KEY INVESTMENTS
TRANSPORTATION INFRASTRUCTURE
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Highway Infrastructure: $41.8 billion
National Infrastructure Investment: $600 million
Federal Transit Administration: $10.73 billion, $397 million above the request and $602 million above 2009
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New Construction: $2 billion, $172.7 million above the request and $190.8 million above 2009
◦ Transit Formula Grants: $8.34 billion, matching the request and $82.6 million above 2009
◦ Capital and Preventive Maintenance Grants for WMATA: $150 million in new funding for grants to
Energy Efficiency and Greenhouse Gas Reduction Grants: $75 million
High Speed/Intercity Passenger Rail Grants: $2.5 billion, $1.5 billion above the request and $2.4 billion
above 2009
Amtrak: $1.6 billion, $81.7 million above the request and $74.6 million above 2009
Airport Modernization, Safety and Efficiency Grants: $3.5 billion
Modernizing Air Traffic Control: $2.9 billion, $11 million above the request and $194 million above 2009
Essential Air Service (EAS): $200 million, $25 million above the request and $63.8 million above 2009
Maritime Guaranteed Loan (Title XI) Program: $5
Assistance to Small Shipyards: $15
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Appropriations:
FY 2010 TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT APPROPRIATIONS
KEY INVESTMENTS
TRANSPORTATION SAFETY

National Transportation Safety Board (NTSB) Investigators: $98.1
million, $2.7 million above the request and $7.1 million above 2009, to

Highway Safety Programs: $872.8 million , $5.5 million above the
request and $16.8 million above 2009

Positive Train Control: $50 million

Aviation Safety Programs: $1.2 billion, $17.7 million above the request
and $69.5 million above 2009

Pipeline Safety: $105.2 million, matching the request and $12 million
above 2009
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President’s Proposed Changes in
Appropriations Process

“Earmarks” : President Obama announced his call to reduce
Congressionally directed spending

Program Elimination: Obama’s fiscal 2011 budget proposal recommends terminating the
Surface Transportation Priorities and the Rail Line Relocation Grant programs.
 Under both programs, virtually all the funds are directed by individual lawmakers for
specific projects. The administration contends that both programs duplicate other meritbased programs that distribute transportation funding.
 For the current fiscal year, lawmakers distributed more than $293 million to fund 353
projects through the Surface Transportation Priorities program. Congress funded 27
projects costing almost $25 million through the Rail Line Relocation Grant program.

President Obama may face difficulty in removing the
programs from the budget, as while both were proposed for
termination in the president’s fiscal 2010 budget, lawmakers
actually provide the funding
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The President’s Budget
Projected budget timeline

Feb. 1, 2010: President Obama submits his fiscal 2011 budget
request to Congress.

Feb. 2: Congressional committees begin hearings on president’s budget request.
April 15: Statutory deadline (though frequently missed) for Congress to complete its annual budget resolution.
The resolution sets a limit on discretionary spending and may include instructions for a reconciliation bill.
May 15: The date after which the House may consider fiscal 2011 spending bills even if a final budget resolution
has not been adopted.
July 3: Beginning of Congress’s Independence Day recess. This is the informal deadline that House leaders set for
passing all 12 regular appropriations bills.
July 15: President submits his mid-session review of the budget to Congress, which includes revised deficit
estimates.
Aug. 7: Beginning of the Senate’s summer recess. This is the Senate’s informal deadline for passing all 12
spending bills.
Mid-August: Congressional Budget Office issues updated budget projections.
Sept. 13: House and Senate return from summer recess with 18 days to negotiate their differences and clear ll
appropriations bills before the new fiscal year begins.
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Oct. 1: Fiscal 2011 begins. A continuing resolution would now be
required to finance any agency whose appropriations bill has not
been enacted.
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The President’s Budget
FY 2011
Transportation Budget

FY2011 Request: $78.8 billion
FY2010 Enacted: $77.0 billion

$4 billion to create a National Infrastructure Innovation and Finance
Fund

$530 million as part of the President’s Partnership for Sustainable
Communities

$1.14 billion for the Next Generation Air Transportation System, a
more than 30 percent increase from 2010

$30 million to establish a Federal Transit Safety program

$1 billion for high-speed rail
22
The President’s Budget
FY 2011
High-Priority Performance Goals
Reduce the rate of highway fatalities to 1.13 - 1.16 per 100
million vehicle miles traveled by the end of 2011
 Reduce the risk of accidents
 Improve Rail Transit Industry Focus on Safety Vulnerabilities:

 Improve State Safety Oversight programs’ compliance with existing
requirements by the end of the third quarter of 2010.
 Form a compliance advisory committee, in accordance with the Federal
Advisory Committee Act, to provide input on potential future regulation
by the end of 2010.
 Complete at least three workshops and training on transit asset
management, including a focus on safety critical assets by the end of 2010.
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President’s Transportation Budget in
Minnesota
Invest the Foundation of the Economy: Highways, Airports, and
Infrastructure
Key Budget Highlights:

Roads , highways, and airports improvements: $802.9 million

Modernize and expand clean, safe drinking water: $57.1 million

Create a National Infrastructure Investment Fund: $4 billion

Build America Bonds initiative, make permanent
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Restoration work along the Upper Mississippi River: $21 million

Expand broadband deployment : $7.2 billion

Modernize the nation’s air traffic system: $1 billion

High-speed rail: $1 billion
24
Transportation Authorization
Reauthorization of highway, transit, and safety
programs under the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU) expired September 30,
2009
 House and Senate passed two additional
Continuing Resolutions (“CR”), which currently
extend federal transportation programs
through February 28, 2010.

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Transportation Authorization

House: $500 billion, six-year reauthorization bill (The Surface Transportation
Extension Act (H.R. 3617 )- Oberstar’s Plan)
◦ June 24th2009- the Subcommittee on Highways and Transit reported a Committee Print of
this legislation to the full Committee on Transportation and Infrastructure.

Senate: 18-month extension of existing law (The Public Transportation Extension
Act of 2009-President Obama Supports)
◦
◦ Progress: Passed in Environment of Public Works, Banking , Housing and Urban Affairs, and
Commerce, Science and Transportation Committee

Original allocation expired Sept. 30, 2009

Current CR expires February 28, 2010

Next CR expires ____
26
JOBS Legislation:
JOBS FOR MAIN STREET ACT OF 2010
(H.R.2847)
The House bill, HR2847 aims to support workers and the communities by stabilizing
jobs through infrastructure and job investments. The bill redirects $75 billion in
Troubled Asset Relief Program (TARP) savings from Wall Street to Main Street on
December 16, 2009.
Infrastructure Investment ($48.3 billion)
• $27.5 billion for highway infrastructure investments.
• $8.4 billion for public transportation, including $6.2 billion for urban and rural
grants and $1.8 billion for repairs to subway, light rail and commuter rail systems.
• $800 million for capital grants to Amtrak to repair and acquire equipment.
• $2 billion for state and local clean-water programs.
• $1 billion to build and rehabilitate low-income rental housing.
• $1 billion to build and rehabilitate public housing
Surface Transportation Extension
• An extension through Sept. 30, 2010, of the authorization for highway, transit and
other surface transportation programs. The bill would also put $20 billion into the
Highway Trust Fund.
27
JOBS Legislation:
Hiring Incentives to Restore Employment (HIRE)
Act – Draft Senate Companion
The Senate Jobs Proposal is an $82.5 billion dollar proposal that plans on
acquiring its funds through redirecting $75 billion dollars from the Troubled
Asset Relief Program (TARP) and taking $7.5 billion dollars out of the Pension
Funding Relief. The breakdown of where that money is going is shown below:
Creating Jobs that Strengthen Infrastructure - $29 billion
·
Highways - $14 billion
·
Transit - $7.5 billion
·
Intercity Rail - $2.5 billion
·
Airports - $2 billion
·
Schools - $3 billion
Highway Trust Fund. Extends through the end of FY 2010 and transfer $19.5 billion from the
general fund to the highway fund.
Senate Majority Leader Harry Reid (D-NEV) rejected the plan Feb. 11, 2010
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Jobs Legislation:
Majority Leader Reid’s Jobs package

Key Provisions:
◦ Highway Trust Fund Extension: extends existing highway programs, investing in
infrastructure throughout the nation saving an estimated one million jobs
◦ Schumer-Hatch Jobs Payroll Tax Exemption: offers an exemption from social
security payroll taxes for every worker hired in 2010 that has been unemployed for at
least 60 days. There would also be an additional $1,000 income tax credit for every
new employee retained for 52 weeks to be taken on the employer’s 2011 income tax
return.
◦ Section 179 Expensing: helps small businesses grow by allowing them to write off
more of their expenditures
◦ Expanding Build America Bonds: allows state and local governments to borrow at
lower costs to finance more infrastructure projects and put people to work.

The Senate passed a procedural motion on Feb. 22nd that would
get debate started and clear the way for the Senate to vote to
approve the measure (the House-passed jobs bill (HR 2847) will
serve as the vehicle for Reid’s package).
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The Future of Federal
Transportation Policy
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Federal Transit Administration
Policy Change

Wednesday, January 13th Transportation Secretary Ray Lahood
announced that the Federal Transit Administration will abolish the
current practice of using the “Cost Effectiveness Index” as the major
factor used when evaluating the validity of proposed transit projects
across the country. Criteria include:
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Environmental benefits
Economic development effects
Mobility increases
Land use plans
Cost and ridership estimates.
Federal Transit Administration Policy
Change
Federal Transit Administrator Peter Rogoff recently mentioned the
Central Corridor as a project that will likely be positively impacted
by the policy Change:
“He (Peter Rogoff) said he is troubled "from a civil rights perspective"
that the Minnesota project may not include stations in black and
Asian neighborhoods of St. Paul because doing so would mean the
line wouldn't meet the cost-effectiveness index. The new policy "will
allow that [train] service to do a better job of serving those
communities.”
-Minneapolis Star Tribune January 14, 2010
32
The Livable Communities Act (S. 1619)
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Introduced by Senator Chris Dodd (D-CT)
August 8, 2009
Intended to help communities plan for and create
better and more affordable places to live, in part by
promoting new transportation policies:
◦ Increase access to and utilization of sidewalks, bike paths, public
transit as alternatives to cars.
◦ Preserve and enhance unique community characteristics
◦ Link land use and housing development with transportation policy
Provisions of the Livable
Communities Act

Incentives to Plan for Livable Communities
◦ $400 million in competitive grants over four years for comprehensive
regional planning.

Funding to Implement Sustainable Development Projects
◦ $3.75 billion in competitive grants over three years for projects in
regional plans.

Partnering with Local Communities
◦ Ensures that the federal government is a supportive partner for
communities’ planning and sustainable development efforts.

Office of Sustainable Housing and Communities
◦ Establishes an office under HUD to coordinate federal policies that
foster sustainable development.
Future of High-speed Rail in
America

Projected Total Investment: $62 Billion
◦ ARRA: $8 billion
◦ Transportation Appropriations Bill (HR 3288): $4 Billion
◦ Oberstar’s Plan: $50 billion (Over six-years)

Remarks from Chairman Jim Oberstar (MN-08)
◦ In the past 50 years, the federal government has invested nearly $1.3 trillion in
our nation’s highways and over $473 billion in aviation, however since 1970
(creation of Amtrak) we have only invested $53 billion in passenger rail.
◦ U.S. lags significantly behind the rest of the world when it comes to high speed
rail
◦ “This is an historic opportunity to create jobs, develop a domestic
manufacturing base and provide an environmentally friendly and competitive
transportation alternative to the traveling public”.
35
Chairman Oberstar’s Transportation
Plan
Funding Summary:

$500 billion, six-year reauthorization bill
• $337.4 billion highway program
• $99.8 billion for public transit
• $12.6 billion for highway and motor carrier safety
• $50 billion for high speed rail
36
Oberstar’s Plan Would…
Policy Summary:

Simpler, More Streamlined Programs. Consolidates the current 108 programs,
eliminating or combining 75 of them.

Dedicated Monies to Repairing Aging Roads and Bridges. Creates a substantial,
dedicated funding stream for maintaining roads and bridges – the Critical Asset Investment
Program – and would require transit agencies to show how they are maintaining their systems
in a state of good repair.

Greater Local Control. More money to the metropolitan areas that have the thorniest
transportation problems.

A Stronger Rural Voice. Rural areas get a bigger say in state-level transportation decisionmaking.

Transit New Starts Program. Eliminates the “cost effectiveness” index that makes reduced
travel time the overriding criterion, streamlines project delivery.

Promotes Intermodal Planning. Gives substantial responsibility to a new Office of
Intermodalism, which would integrate investments in multiple modes (promoting, for instance,
simultaneous investment in a bus rapid transit route along a repaired highway.)
37
Possible Transportation Funding
Sources
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Congestion Pricing
Infrastructure Bank
Increase Gas Tax
Private Activity Bonds
Tolls
Tax Credit Bonds
Public/Private Partnerships
Alternative Fuel Tax
Others
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St. Paul’s Union Depot
A study of federal and local investment partnerships

To date….
◦ Chairman Oberstar secured $50 million for the Depot in the
2003 SAFETEA-LU
◦ Ramsey County has spent $36 in local Regional Rail levy
◦ The State has provided $4 million bonding
◦ Union Depot was selected by the USDOT to receive $35
million in Transportation Investment Generating Economic
Recovery (TIGER Grants)
Virginia “Hot Lanes”

Four new lanes (two in each direction) on
I-495 from the Springfield Interchange to just north of
the Dulles Toll Road – 14 miles

Tolls could be as high as $1.60/mile at peak hours
($22.40 total for one direction)

$2 billion in public-private partnership investment to
remedy the 3rd worst congested metro area in the
United States (After Los Angeles and Honolulu)
40
Federal Advocacy Strategies
How to Compete at a National Level for Funding
Partnership building
Build Congressional Relationships
Build Coalitions
Communication
Congressional Meetings
41
Federal Advocacy Strategies
Building Congressional Relationships…
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Communicate frequently with Member Offices
Be an accessible information source for your Member and
Staff
◦ Provide accurate, reliable and timely information and
response to inquiries
Understand what motivates Members and Staff
◦ Votes
◦ Federal funding in their district
Do not under estimate the importance of your relationship
and communication with Congressional Staff
◦ Staff is your direct line to your Member
Your Member office can advocate on your behalf to Federal
Agencies such as the FAA
42
Federal Advocacy Strategies
Coalition Building…
Working with other groups and organization can leverage and
strengthen your position to affect the appropriations process and
federal policy
1. Work with national coalitions to network and build broad
support for your cause and others like yours
2. Educate a broad range of people on goals and benefits of
project
3. Work with all levels of municipal government, (ie; county,
state legislature, governor)
4. Work with traditional and non-traditional allies towards a
common goal
43
Federal Advocacy Strategies
Provide written communication on the requested project
including:
1. General Background
2. State and local involvement
3. Previous funding
4. Clear explanation of the federal need/jurisdiction
5. Write YOUR Member, with copies to pertinent staff;
relevant subcommittee chairs; local and collaborative
stakeholders
44
Federal Advocacy Strategies
Congressional Meetings and Follow-up
Frequent communication and follow-up with Members and staff
is key to insuring your project remains on their list of priorities.
1.
Follow up your written communications with phone call to
confirm receipt
2.
Schedule meetings in Member’s district offices to meet staff
face-to-face
3.
Make the effort to travel to Washington and visit your
Members. Your time and investment will be noted
45
Questions???
Federal Transportation &
Infrastructure Group
Washington, DC
Dennis McGrann, Director of Federal Affairs
(202) 544-9840
46