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Department of Transportation and Relat- Ed Agencies Appropriations for Fiscal Year 2003

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Department of Transportation and Relat- Ed Agencies Appropriations for Fiscal Year 2003 S. HRG. 107–826 DEPARTMENT OF TRANSPORTATION AND RELAT- ED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2003 HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS UNITED STATES SENATE ONE HUNDRED SEVENTH CONGRESS SECOND SESSION ON H.R. 5559/S. 2808 AN ACT MAKING APPROPRIATIONS FOR THE DEPARTMENT OF TRANS- PORTATION AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2003, AND FOR OTHER PURPOSES Department of Transportation Nondepartmental witnesses Printed for the use of the Committee on Appropriations ( Available via the World Wide Web: http://www.access.gpo.gov/congress/senate U.S. GOVERNMENT PRINTING OFFICE 78–489 PDF WASHINGTON : 2003 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON APPROPRIATIONS ROBERT C. BYRD, West Virginia, Chairman DANIEL K. INOUYE, Hawaii TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina THAD COCHRAN, Mississippi PATRICK J. LEAHY, Vermont ARLEN SPECTER, Pennsylvania TOM HARKIN, Iowa PETE V. DOMENICI, New Mexico BARBARA A. MIKULSKI, Maryland CHRISTOPHER S. BOND, Missouri HARRY REID, Nevada MITCH MCCONNELL, Kentucky HERB KOHL, Wisconsin CONRAD BURNS, Montana PATTY MURRAY, Washington RICHARD C. SHELBY, Alabama BYRON L. DORGAN, North Dakota JUDD GREGG, New Hampshire DIANNE FEINSTEIN, California ROBERT F. BENNETT, Utah RICHARD J. DURBIN, Illinois BEN NIGHTHORSE CAMPBELL, Colorado TIM JOHNSON, South Dakota LARRY CRAIG, Idaho MARY L. LANDRIEU, Louisiana KAY BAILEY HUTCHISON, Texas JACK REED, Rhode Island MIKE DeWINE, Ohio TERRENCE E. SAUVAIN, Staff Director CHARLES KIEFFER, Deputy Staff Director STEVEN J. CORTESE, Minority Staff Director LISA SUTHERLAND, Minority Deputy Staff Director SUBCOMMITTEE ON TRANSPORTATION AND RELATED AGENCIES PATTY MURRAY, Washington, Chairman ROBERT C. BYRD, West Virginia RICHARD C. SHELBY, Alabama BARBARA A. MIKULSKI, Maryland ARLEN SPECTER, Pennsylvania HARRY REID, Nevada CHRISTOPHER S. BOND, Missouri HERB KOHL, Wisconsin ROBERT F. BENNETT, Utah RICHARD J. DURBIN, Illinois BEN NIGHTHORSE CAMPBELL, Colorado PATRICK J. LEAHY, Vermont KAY BAILEY HUTCHISON, Texas TED STEVENS, Alaska (ex officio) Professional Staff PETER ROGOFF KATE HALLAHAN WALLY BURNETT (Minority) PAUL DOERRER (Minority) Administrative Support ANGELA LEE (II) CONTENTS THURSDAY, FEBRUARY 7, 2002 Page Department of Transportation ................................................................................ 1 WEDNESDAY, FEBRUARY 14, 2002 Department of Transportation: U.S. Coast Guard ................................................ 45 THURSDAY, MARCH 21, 2002 Department of Transportation: Security Challenges for Transportation of Cargo ..................................................................................................................... 93 TUESDAY, APRIL 16, 2002 Department of Transportation: Federal Aviation Administration ....................... 133 Nondepartmental witnesses .................................................................................... 183 (III) DEPARTMENT OF TRANSPORTATION AND RE- LATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2003 THURSDAY, FEBRUARY 7, 2002 U.S. SENATE, SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS, Washington, DC. The subcommittee met at 10:02 a.m., in room SD–124, Dirksen Senate Office Building, Hon. Patty Murray (chairman) presiding. Present: Senators Murray, Byrd, Kohl, Shelby, Specter, Bond, and Bennett. DEPARTMENT OF TRANSPORTATION STATEMENT OF HON. MICHAEL JACKSON, DEPUTY SECRETARY, DE- PARTMENT OF TRANSPORTATION ACCOMPANIED BY HON. JOHN MAGAW, UNDER SECRETARY OF TRANSPORTATION FOR SECURITY OPENING STATEMENT OF SENATOR PATTY MURRAY Senator MURRAY. The subcommittee will come to order. This will be the first of several subcommittee hearings on the Transportation budget for fiscal year 2003. As I review this budget, it is clear to me that our subcommittee will face extraordinary challenges this coming year, challenges that may make the Mexican truck issue seem easy by comparison. In his State of the Union message, President Bush said his eco- nomic security plan can be summed up in one word, jobs, but his Transportation budget proposals have cut billions of dollars in in- frastructure spending. This is the single largest proposed cut across the entire Government, and it threatens to eliminate over 350,000 jobs across the country. During a hearing with OMB Director Mitch Daniels, held 2 days ago, I questioned the wisdom of this proposal. Director Daniels was quick to point out that in making this request, the Administration was only following the requirements of the TEA–21 law. What Mr. Daniels failed to say is that throughout his budget proposal, there are hundreds of examples where the Administration is asking us to ignore existing law, or to change the law. Just within the Transportation budget, we are asked to ignore current law and to adopt measures to throw several communities out of the Essential Air Service Program. We are asked to ignore the TEA–21 law and transfer formula funds to the President’s New Freedom Initiative. We are asked to ignore current law and impose (1) 2 new user fees on railroads, shipping companies, and transporters of hazardous materials. So I expect that one of the issues we will pursue this morning is why the Administration supports current law when it requires billion-dollar cuts in infrastructure invest- ment, but ignores current law in so many other places. The proposed slashing of highway spending is just one challenge we are going to face. The Department of Transportation is cur- rently establishing a brand-new agency, the Transportation Secu- rity Administration, known as TSA. It is clear from September 11 that we need to improve security in all of our transportation modes. I support the new Under Secretary in his major task of se- curing our various modes of transportation against threats of at- tack. To date, the TSA has been funded largely through user fees, but for fiscal year 2003 the Administration is requesting that direct ap- propriations for this agency grow from less than $95 million to $2.2 billion. Dramatic increases are also requested for the Coast Guard’s efforts in the area of homeland defense, and as I said earlier, the President’s budget also recommends several controversial transpor- tation user fees to partially offset the cost of a portion of these in- creases. Finally, the President’s budget proposes to freeze subsidies for Amtrak. At the same time, we are told that Amtrak’s president will testify that unless Amtrak gets a 130-percent increase in funding this year, the majority of States across the Nation will lose pas- senger rail service. So this is a challenging year. I would just ask my colleagues to keep these challenges in mind as we work on developing a budget for the coming year. If this subcommittee wants to fully fund the request for security while avoiding deep cuts in highway infrastruc- ture, the elimination of passenger rail service, and the imposition of new user fees, then a budget that holds us to the President’s re- quested level will not do the job. In order to better acquaint us with the President’s proposal, we are joined this morning by Deputy Secretary Michael Jackson. As many of you know, Secretary Mineta is recuperating from hip re- placement surgery, and I know I speak on behalf of the entire sub- committee in wishing the Secretary a speedy recovery. Given the central role of transportation security in this budget request, I have also invited the new Under Secretary of Transportation for Security, John Magaw, to appear with Mr. Jackson. We will also hold a hearing on cargo security with the Adminis- trators from the Federal Railroad Administration, Federal Motor Carrier Safety Administration, Federal Highway Administration, Maritime Administration, and the Coast Guard. This is the third hearing that Mr. Magaw will participate in just this week. Mr. Magaw, we do appreciate your stamina. I under- stand that almost all of the discussion during the two previous hearings focused on the huge challenge you face in the area of avia- tion security. In just 11 days the TSA is expected to take over the entire screening function at our Nation’s airports, and in just 10 months the TSA is expected to implement a system to screen all checked baggage for explosives. 3 I do not underestimate those critical challenges one bit, but I do represent a State with one of the largest seaports in the United States, where every day tons of cargo travels by rail and by truck. I want to remind my colleagues that the new Transportation Secu- rity Administration is responsible for security in all of our trans- portation modes, and I think it is not too soon to ask what progress is being made in those areas. I appreciate that the TSA must focus on its near-term deadlines in aviation, but if the new agency is not yet focusing on port or rail or highway security, then we have to ask what is being done in other parts of DOT. To date, we have received no details on the TSA’s budget request for $4.8 billion for next year. Instead, we have received only a seven-page narrative with no funding figures for any individual se- curity activity. As such, I think we will need to spend some time this morning pursuing precisely what Mr. Magaw believes he can and cannot achieve at that funding level. While we have many challenges ahead of us, this is important work. Transportation is a key part of our
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