Published by the Federal Bar Association Transportation and Transportation Security Law Section Bernard F. Diederich, Special Edition Editor Special Edition Fall 2016 TransLaw The Presidential Candidates on Transportation and Related Matters by Bern Diederich

Every four years, TransLaw asks the presidential candidates for their positions on key transportation matters, not always fully covered in the main stream media. The Clinton and Trump Campaigns have provided us with the following state- ments. We publish them for the benefit of our members as well as the general public. Federal actions and policies on transportation matters affect everyone. Their importance cannot be overstated. Almost 16% of US jobs are either in transportation or transportation related. Transportation accounts for 20% of the spending by the average household and contributes toward 11% of the Nation’s gross domestic product.* We present these positions of the presidential candidates for your information and decision-making on these critical subjects. v

The views expressed herein do not represent the views of the Federal Bar Association, the Transportation and Transportation Security Law Section, or any federal agency or employee.

*From latest figures reported by the U.S. Department of Transportation, Bureau of Transportation Statistics.

Hillary Clinton’s Infrastructure Plan: An ‘America’s Infrastructure First’ Plan Building Tomorrow’s Economy Today provided by the Trump-Pence Campaign provided by the Clinton-Kane Campaign

In America, we build A key part of Donald great things together. Trump’s economic plan President Lincoln’s is to "put America's infra- transcontinental railroad structure first again." fueled the growth of a This starts with end- nation and a continent. ing the Obama-Clinton President Eisenhower’s globalization agenda of interstate highway sys- the last 8 years. Instead tem drove the rise of the of rebuilding other strongest middle class countries, the Trump- in history. President Pence plan targets $1 Roosevelt helped to trillion in new infra- build the Hoover Dam structure investment and power the rise of the here at home, which American Southwest. For will go toward solving nearly two centuries, our America's transporta- great public works have transformed the American land- tion, drinking water, and other vital infrastructure needs. scape and opened up new markets. They have connected Our deficit-neutral plan focuses on public-private part- Americans to jobs, to schools, and to one another. They nerships, proven financing programs, and new infra- have paved the way to U.S. prosperity—sometimes liter- structure tax credits, combined with support for existing ally. programs that work. To make this infrastructure plan Today, however, we are dramatically underinvesting a reality, Mr. Trump and Gov. Pence look forward to in our future. As a share of the economy, federal infra- working with leaders in Congress, including two of our structure investment is roughly half of what it was thirty- key supporters: Rep. Bill Shuster (R-PA), chairman of five years ago. Estimates of the size of our “infrastructure the House Transportation and Infrastructure Committee, gap” register in the trillions of dollars.1 Workers can’t get and Sen. James Inhofe (R-OK), currently the chairman of

CLINTON continued on page 3 TRUMP continued on page 11 2 TransLaw Special Edition 2016

Who’s Who UNITED STATES FEDERAL HIGHWAY SAINT LAWRENCE Transportation and DEPARTMENT OF ADMINISTRATION SEAWAY DEVELOPMENT TRANSPORTATION Gregory Nadeau CORPORATION Transportation Acting Administrator Betty Sutton OFFICE OF THE SECRETARY Administrator Security Law Section OF TRANSPORTATION Thomas Echikson Leadership Anthony Foxx Chief Counsel Carrie Mann Lavigne Secretary of Transportation Chief Counsel FEDERAL MOTOR CARRIER Victor Mendez SAFETY ADMINISTRATION OFFICE OF INSPECTOR CHAIR Deputy Secretary of T.F. Scott Darling III GENERAL Kathryn Gainey Transportation Acting Administrator Calvin Scovel III Inspector General Steptoe & Johnson LLP Blair Anderson Gilberto de Jesus Under Secretary for Policy Chief Counsel Omer Poirier CHAIR-ELECT Chief Counsel Shoshana Lew FEDERAL RAILROAD Lisa A. Harig Chief Financial Officer and ADMINISTRATION SURFACE Stinson Leonard Street, Assistant Secretary for Budget Sarah Feinberg TRANSPORTATION BOARD LLP and Programs Administrator Daniel R. Elliot III Acting Chairman Gregory Winfree Amit Bose DEPUTY CHAIR Assistant Secretary for Chief Counsel Deb Miller John C. Wood Research and Technology Vice Chairman FEDERAL TRANSIT Federal Aviation Dana Gresham ADMINISTRATION Craig Keats Administration Assistant Secretary for Carolyn Flowers General Counsel Governmental Affairs Acting Administrator TRANSPORTATION SECRETARY OFFICE OF THE ASSISTANT Ellen Partridge SECURITY David Y. Bannard SECRETARY FOR AVIATION Chief Counsel ADMINISTRATION Foley & Lardner LLP AND INTERNATIONAL Peter Neffenger AFFAIRS MARITIME Administrator Jenny Rosenberg ADMINISTRATION TREASURER Deputy Assistant Secretary Paul Jaenichen, Sr. Francine J. Kerner Steven L. Osit Maritime Administrator Chief Counsel Kaplan Kirsch & Susan McDermott Deputy Assistant Secretary David Tubman NATIONAL Rockwell LLP Chief Counsel TRANSPORTATION SAFETY OFFICE OF THE GENERAL BOARD NEWSLETTER EDITOR COUNSEL NATIONAL HIGHWAY Christopher A. Hart Molly J. Moran TRAFFIC SAFETY Chairman Samuel Negatu Acting General Counsel ADMINISTRATION U.S. House of Mark Rosekind Bella Dinh-Zarr Representatives Judith Kaleta Administrator Vice Chairman Deputy General Counsel Paul Hemmersbaugh David Tochen FEDERAL AVIATION Chief Counsel General Counsel ADMINISTRATION TransLaw is published by the Federal Michael Huerta PIPELINE AND HAZARDOUS Bar Association Transportation and Administrator MATERIALS SAFETY Transportation Security Law Section, ADMINISTRATION ISSN No. 1069-157X. Reginald Govan Marie Therese Dominguez © 2016 The Federal Bar Association. Chief Counsel Administrator All rights reserved. The opinions expressed herein are solely those of the Teresa Gonsalves authors unless otherwise specified. Chief Counsel Managing Editor: Yanissa Pérez de León

Published by the Federal Bar Association Transportation and Transportation Security Law Section Special Edition 2016 TransLaw 3

Chair’s Corner Kathy Gainey, Chair of the Transportation and Transportation Security Law Section

The Transportation and Transportation Security Law as the Transportation Lawyer of the Year. Christian Jordan, Section is pleased to publish a special election edition of Assistant Chief Counsel Information Programs for the TransLaw. As Bern Diederich highlights, this special edi- Transportation Security Administration, was recognized as tion shares the infrastructure plans from the campaigns of the Transportation Security Lawyer of the Year. The Section Hillary Clinton and Donald Trump. I want to thank Bern also recognized the Federal Aviation Administration’s for his work in continuing the Section’s tradition of publish- Unmanned Aircraft Systems team for their dedicated ser- ing a special presidential election edition of TransLaw every vice in developing the legal framework for unmanned four years. aircraft systems in the United States. You can view photos In this Chair’s Corner, I want to thank Immediate Past and a recap from the reception online at www.fedbar.org/ Chair Alice Koethe for her leadership over the past year Sections/TTSL/Recent-Events.aspx. culminating in the Chief Counsel’s Reception on October I look forward to the upcoming year. I encourage our 13, 2016. More than 75 individuals from government and members to be active in the Section by attending an event, private practice gathered to honor the Section’s award participating in a program, or authoring an article for recipients. Sharon Vaughn-Fair, Assistant Chief Counsel TransLaw. If you have a suggestion for a program or an arti- for the Federal Highway Administration, was recognized cle topic, please share it with one of the Sections’ officers. v

CLINTON continued from page 1 to work, congestion keeps parents stuck in traffic, floods and drive up wages in the future. According to the White threaten our cities, and airports leave travelers stranded House Council of Economic Advisers, every $1 billion in for hours or even days at a time. Our small businesses, infrastructure investment creates 13,000 jobs.3 Moreover, farmers, and manufacturers face highways, waterways, the vast majority of the jobs created by infrastructure ports, and airports that make it harder for them to get their investment are good-paying, middle-class jobs5—paying products to customers. Meanwhile, countries like China above the national median.5 And beyond creating good- are racing ahead, building projects that will drive com- paying jobs today, infrastructure investments promise to merce and growth in the 21st century.2 enhance the productivity of the American economy tomor- American workers and businesses are the engines of row6—helping to boost the incomes of working Americans a dynamic, entrepreneurial, and growing economy—an in the future.7 Every dollar of infrastructure investment economy that supports good jobs with high wages. But by leads to an estimated $1.60 increase in GDP the following failing to invest in our infrastructure, we are forcing these year and twice that over the subsequent 20 years.8 engines of growth and job-creation to run on second-rate Clinton’s plan would build a 21st century backbone for fuel. a thriving 21st century economy— maintaining America’s That’s why Hillary Clinton has announced a bold, position as the economic superpower of the future. five-year $275 billion dollar infrastructure plan. Clinton Investing in our infrastructure is about so much more than would increase federal infrastructure funding by $275 bil- creating good-paying jobs: it’s about maintaining our sta- lion over a five-year period, fully paying for these invest- tus as the world’s economic superpower. That means mak- ments through business tax reform. Of these funds, she ing smart investments in ports, airports, roads, and water- would allocate $250 billion to direct public investment. ways to address the key chokepoints for the movement of She would allocate the other $25 billion to a national goods in our economy—connecting businesses and farm- infrastructure bank, dedicated to advancing our com- ers to their suppliers and customers and enhancing U.S. petitive advantage for the 21st century economy. The bank competitiveness in the global economy. It means giving would leverage its $25 billion in funds to support up to all American households access to world-class broadband an additional $225 billion in direct loans, loan guarantees, and creating connected “smart cities” with infrastructure and other forms of credit enhancement—meaning that that’s part of tomorrow’s Internet of Things. It means Clinton’s infrastructure plan would in total result in up to building airports and air traffic control systems that set $500 billion in federally supported investment. The bank the world standard for efficiency, reliability, and safety— would also administer part of a renewed and expanded saving time, money, and energy on every trip. It means a Build American Bonds program, and would look for smart, resilient electrical grid that powers America’s clean opportunities to work with partners in the private sector energy future. It means safe, smart roads and highways to get the best possible outcomes for the American people. that are ready for the connected cars of tomorrow and the Clinton’s plan would create good-paying jobs today new energy sources that will power them. And it means

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changing the way we make our infrastructure invest- modal” projects that extend beyond a single type of trans- ments—so that every dollar we spend goes further. portation, build out the project pipeline, and encourage Clinton’s plan would save families time and money, better design and technology.16 improve quality of life, and unlock economic opportuni- Clinton’s plan builds on the limited efforts in ty. Even as it positions the United States to lead the global Congress’ most recent reauthorization bill. Last year, economy of tomorrow, Clinton’s infrastructure plan would Congress passed the FAST Act surface transportation improve the lives of workers and families today. Our reauthorization bill. While these efforts are a start, they deteriorating roads result in a hidden “pothole tax” that are not nearly sufficient to meet our infrastructure needs. takes over $500 per year out of American families’ pockets Clinton’s plan would go further, dramatically growing because of extra car maintenance.9 Rush-hour commuters federal investments and laying the foundations for future waste 42 hours in traffic annually—costing them nearly growth. And she would go beyond surface transporta- $1,000 per year in fuel and other expenses, giving them tion investments to address our substantial infrastructure less time to spend with their families, harming our envi- needs in energy, water, broadband, and more. ronment, and damaging public health.10 Air travelers find Unlike some Republicans, Clinton believes that the themselves delayed and stranded, as more than one in five state of our infrastructure is a national problem that American flights is either delayed or cancelled altogether.11 requires a bold, national solution. It’s no surprise, but Consumers pay more for everything from food to furniture the Republican Party is placing ideology over com- because of freight congestion in our highways, waterways, mon sense—putting forward proposals that dramati- and ports. And too many Americans are living in oppor- cally reduce national investments in infrastructure. Unlike tunity deserts—finding it difficult to get and keep a job Donald Trump, Clinton understands that we are a con- because getting to work means traveling for an hour or nected nation—that infrastructure investment is a national more using unreliable, indirect transit systems.12 Clinton issue that requires a bold and detailed national solution. will fight to make and support investments that will save Ranchers in Montana rely on improvements to the Port families time and money, improve their quality of life, and of Seattle to ship their beef across the world.17 Farmers unlock economic opportunity. in Iowa rely on the Mississippi River and its tributaries, Clinton’s plan would combat climate change and using an extended network of river ports and locks to get protect our communities. From rising sea levels to more their crops to market.18 Businesses all over the country severe storms, heat waves, and wildfires, climate change depend on a network of highways, railways, and ports to is already taking a toll on the nation’s infrastructure— deliver their goods to consumers efficiently and afford- leaving taxpayers to pick up the tab. Already, vulnerable ably and to effectively compete across the continent and communities are being disproportionately affected by world. Slashing federal infrastructure investment, as some the impacts of climate change and the lack of resources Republicans have have proposed, would be as mindless to adapt.13 Clinton will work to ensure that federal infra- as it would be harmful—a rejection of Ronald Reagan’s structure investments are resilient to both current and view that infrastructure represents a critical “investment future climate risks, and she will partner with states, cities in tomorrow that we must make today.”19 Hillary Clinton and rural communities to develop regionally coordinated, understands that we are one nation—and that we must resilient infrastructure strategies. She will also work to invest in our future as a nation. She will make good on our modernize our energy infrastructure; connect our farms, time-honored American commitment to leave our children businesses, and households to safe and reliable sources of and grandchildren with a country that is stronger than the water; and upgrade our dams and levees to improve safety one we inherited. and generate clean energy. Clinton’s plan will cut red tape and enhance account- INVESTING IN THE FUTURE ability—so that every dollar of infrastructure investment Clinton’s comprehensive infrastructure investment goes further. It’s simply not enough to invest more in our agenda is a major down-payment on a stronger America— infrastructure: we need to get smarter and more efficient enhancing our competitiveness, giving families a better about the way we make these investments. One study life, combatting climate change, and protecting our com- found that more than three-quarters of U.S. highway proj- munities. Clinton will harness both public and private ects experience cost overruns.14 And it can take up to four capital to: times longer for large infrastructure projects to get started in the U.S. as compared to other advanced countries like • Fix and expand our roads and bridges—reducing con- Germany and Canada.15 Clinton would increase account- gestion and cutting the “pothole tax.” America’s roads ability and cut red tape, so that taxpayers get more bang and bridges are in a state of disrepair. More than half for their buck for every dollar they invest in infrastruc- of our highways are 45 years or older,20 and nearly one ture. She would provide more funds through merit-based in four bridges requires significant repair.21 Clinton will competitive grants, streamline permitting, support “multi- make smart, targeted, and coordinated investments to

Published by the Federal Bar Association Transportation and Transportation Security Law Section Special Edition 2016 TransLaw 5

increase capacity, improve road quality, and reduce bottlenecks by the end of her first term. congestion—transportation solutions that will meet the • Accelerate next generation aviation technology and needs of Americans today and in the future and slash invest in creating world-class American airports—sav- the “pothole tax” that they silently pay each and every ing travelers time, cutting down on delays, and reduc- day. In fact, even investments to fix and maintain our ing carbon emissions. The American aviation system is current stock of roads and bridges can generate excep- the busiest and safest in the world.30 But much of it still tionally high returns for society.22 runs on antiquated technology—including radar-based • Expand public transit options to lower transportation air traffic control systems from the World War II era.31 costs and unlock economic opportunity for Americans The Federal Aviation Administration is currently pur- in opportunity deserts. Americans are increasingly liv- suing a “NextGen” upgrade program that would move ing and working in and around urban communities, and our national airspace system from groundbased radar they want a range of safe, affordable, convenient, and to satellite-based navigation, improve digital commu- environmentally sustainable transportation options.23 nications, and enhance information management.32 But But even as transit ridership grows dramatically across these efforts have fallen chronically behind schedule the country in communities of all sizes, transit invest- and well short of expectations.33 Clinton will get this ments have not kept pace with demand.24 This under- crucial program back on track and ensure that it is man- investment is particularly costly for many low-income aged effectively and with accountability. These changes communities and communities of color, as a dearth of will save air travelers and airlines an estimated $100 bil- reliable and efficient public transportation options often lion in avoided delays over the next 15 years—ensuring creates a huge barrier to Americans attempting to build that the nation that invented aviation continues to be its better lives.25 Clinton will prioritize and increase invest- world leader.34 ments in public transit to connect Americans to jobs, • Clinton will also invest in building world-class American spur economic growth, and improve quality of life in airports. Our airports are operating at capacities far our communities. And she will encourage local govern- beyond their original design, resulting in major delays ments to work with low-income communities to ensure due to a lack of investment.35 The newest major airport that these investments are creating transit options in America is now 20 years old,36 and, according to one that connect the unemployed and underemployed to global survey, America’s top airport is ranked 30th in the the jobs they need. She will also support bicycle and world.37 Clinton will work to ensure that airports have pedestrian infrastructure—reducing carbon emissions, the funding they need to create world-class air hubs for improving public health and safety, and further provid- the 21st century, with reliable and efficient connections ing Americans with affordable transportation options. to mass transit. • Connect small businesses, farmers, and manufactur- • Connect all Americans to the digital economy with ers to their customers and suppliers with a national 21st century Internet access. Clinton believes that high- freight investment program. U.S. transportation net- speed Internet access is not a luxury; it is a necessity for works move nearly $48 billion in goods a day.26 Yet equal opportunity and social mobility in a 21st century our insufficient freight infrastructure is preventing economy. That’s why she will finish the job of connect- American businesses and farmers from reliably and ing America’s households to the Internet, committing efficiently moving their products to market, hurting that by 2020, 100 percent of households in America will U.S. consumers and damaging America’s ability to have access to affordable broadband that delivers world- compete in the global economy. In fact, every year, U.S. class speeds sufficient to meet families’ needs. Clinton businesses have to spend an extra $27 billion just in will also build upon the Obama Administration’s efforts transportation costs because of congestion in our freight to increase not just broadband access but also broad- networks alone.27 Cargo trains can reach Chicago from band adoption, both by fostering greater competition Los Angeles in 48 hours, only to spend 30 hours crawl- in local broadband markets to bring down prices and ing across Chicago itself.28 Clinton will make smart, by investing in low-income communities and in digital coordinated investments that upgrade our aging rail literacy programs. In addition, Clinton is committed to tunnels and bridges, expand congested highway cor- expanding the Obama Administration’s efforts to con- ridors, eliminate dangerous at-grade railway crossings, nect “anchor” institutions—like public school and pub- and build deeper port channels to accommodate the lic libraries—to high-speed broadband. She will invest newest and largest cargo ships.29 Clinton will also focus new federal resources so that train stations, airports, on vital “intermodal” transfer points between trucks, mass transit systems, and other public buildings can rail, and ships—including the “last-mile connectors” have access to gigabit connectivity and can provide free between different modes, like the local roads that con- Wi-Fi to the public. nect highways to ports. She is committed to initiating upgrades of at least the twenty-five most costly freight Moreover, Clinton will build on the Obama

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Administration’s progress in fostering the evolution ing carbon pollution by investing in clean energy and from 4G wireless networks to 5G networks and other lowering energy costs through energy efficiency and next-generation systems that can deliver wireless con- innovative transportation solutions. She will ensure the nections measured in gigabits, not just megabits, per federal government is a partner in delivering clean and second. Widely deployed 5G networks, and new unli- affordable energy, supporting infrastructure invest- censed and shared spectrum technologies, are essential ments that give Americans more control over the energy platforms that will support the Internet of Things, smart they consume. factories, driverless cars, and much more—develop- • Connect our farms, businesses, and households to ments with enormous potential to drive economic safe and reliable drinking water and wastewater sys- growth and improve people’s lives. tems—saving billions of gallons of drinking water and cutting energy costs. For too long, we have been • Enhance safety and economic growth by equipping underinvesting in the drinking and wastewater systems our infrastructure and our cities with the technol- that keep our communities healthy and safe. Our drink- ogy of tomorrow. A wide-ranging system of advanced ing water systems—parts of which are more than a energy fueling stations for the 21st century fleet. A net- century old41—leak nearly 6 billion gallons every day, or work of roadway sensors capable of alerting drivers to roughly one-sixth of our daily water use.42 California’s a dangerous icy patch a mile ahead. Lives saved and cities alone leak 283 billion gallons per year—enough to traffic reduced by vehicles that can sense and commu- meet the needs of the entire city of Los Angeles.43 Aging nicate with one another. Reduced traffic and pollution and inadequate wastewater systems discharge more through more efficient and effective parking manage- than 900 billion gallons of untreated sewage a year, ment systems in our cities. These are only a few of the posing health risks to humans and wildlife, disrupting changes coming to transportation and urban life—but ecosystems, and disproportionately impacting com- this future will not simply happen on its own. Clinton munities of color.33 And in the West, where the water will work to equip our infrastructure with the technol- system was designed for the climate of the past, record ogy of tomorrow. She would provide more funding for droughts and raging wildfires are destroying land, basic research in transportation technology that search- depleting reservoirs and straining local and federal es for answers to questions that are too far in the future budgets.45 Drinking water and wastewater treatment for private industry to address, and she would promote is often the largest single energy consumer for munici- intelligent transportation system projects through fund- palities, and accounts for 3 to 4 percent of America’s ing programs.28 national electricity consumption every year—meaning • Build a faster, safer, and higher capacity passenger there’s significant money and energy to be saved by rail system. Although more and more Americans are making these systems more efficient.46 We need a bold traveling via train, our passenger rail infrastructure is agenda to revitalize our aging water infrastructure and crumbling—slowing down journeys, limiting ridership, make it more sustainable and energy efficient. Clinton and making trains less safe.29 In some cases, crucial will work to harness both public and private resources infrastructure is more than a century old. Clinton will to support these efforts. invest in creating a world-leading passenger rail sys- • Modernizing our dams and levees to improve safety tem to meet rapidly growing demand and build a more and generate clean energy. Our 84,000 dams and mobile America. roughly 100,000 miles of levees serve to protect us • Build energy infrastructure for the 21st century. Clinton from floods, facilitate the movement of goods, gener- has already released a comprehensive plan to make our ate electricity, and more.47 But our efforts to maintain existing energy infrastructure cleaner and safer, and to these critical structures are haphazard and under- build the new infrastructure necessary for the United resourced—with both insufficient funding and insuf- States to become a clean energy superpower.40 Cities ficient information. Ten years ago, Hurricane Katrina like Baltimore and Chicago are struggling to replace demonstrated the stark dangers posed by faulty water thousands of miles of corroded natural gas pipes, some control infrastructure. And these public safety concerns of which are more than 100 years old, while municipal are only intensified by the increasing threat of severe electric grids across the country have seen blackouts weather due to climate change. We need to substantially from extreme storms and heat waves. Clinton’s plan increase funding to inspect these structures, bring them will modernize our pipeline system, increase rail safety, into good repair, and remove them where appropriate.48 and enhance grid security. It will also build new infra- Our existing dams can also be a significant source of structure to power our economic future and capture new clean energy generation, and Clinton will support America’s clean energy potential. Through her Clean efforts to increase dams’ capacity to deliver affordable Energy Challenge, Clinton will partner with states, cit- and reliable electricity while reducing carbon pollution. ies, and rural communities that take the lead in reduc-

Published by the Federal Bar Association Transportation and Transportation Security Law Section Special Edition 2016 TransLaw 7

NEW RESOURCES AND BETTER PERFORMANCE 2. Be empowered to authorize issuance of special, “super” Build America Bonds to support state and local investment. • Boost federal infrastructure investment by $275 bil- The Bank would also be empowered to authorize issu- lion over the next five years. There is simply no sub- ance of “super-BABs” by state and local governments stitute for robust public investment in infrastructure that would provide greater federal government support to enhance our competitiveness, give families a better than would otherwise be available for deserving proj- life, combat climate change, and protect our communi- ects of regional and national significance. ties. Clinton will work to increase federal infrastructure 3. Select projects based on merit, not politics. To ensure funding by $275 billion over the next five years, of that taxpayer dollars are spent wisely, the bank will which $250 billion would be allocated to direct public require applicants to demonstrate that their projects will investment. She will fully pay for these investments be in the public interest, cost-effective for taxpayers, through business tax reform. economically productive, and resilient to the expected • Reauthorize a Build America Bonds program to help future impacts of climate change. finance the rebuilding of America’s infrastructure. 4. Provide a center of excellence. Building on the work The Obama Administration’s Build America Bonds of President Obama’s Build America Transportation (BABs) program stimulated investment in infrastruc- Investment Center, the bank will offer a one-stop-shop ture—broadening the market for municipal borrowing to states, municipalities, and project sponsors seeking by attracting new sources of capital, such as pension to utilize federal resources and expertise in developing funds, that do not receive benefits associated with infrastructure projects that will benefit the American traditional tax-exempt debt. The program was hugely public.50 successful: in just two years, BABs supported more than $180 billion in infrastructure spending in all 50 states Clinton will also support existing credit programs and the District of Columbia. BABs are a more efficient that are already working well—like the Transportation way of helping to finance infrastructure spending than Infrastructure Finance and Innovation Act, which finances traditional tax-exempt municipal debt, as tax-exempt transformative transportation projects across the country.51 municipal debt ends up benefiting not just infrastruc- ture projects but also high-income purchasers of the • Apply best practices to improve the way we invest in debt. As President, Clinton would reauthorize the Build infrastructure and get the most for the American peo- America Bonds program so that the federal support ple’s money. Investing more in our infrastructure isn’t goes entirely toward rebuilding America’s infrastruc- enough—the way America currently designs, funds, ture.49 and builds infrastructure projects needs repair. Clinton • Create a $25 billion national infrastructure bank—pro- would make sure taxpayers are getting the most bang viding up to an additional $225 billion in federally for their buck. She would work to ensure that projects supported investment for energy, water, broadband, are selected on impact, not politics, streamline permit- transportation, and multi-modal infrastructure proj- ting, break down silos that limit funds to a single type ects. Clinton is not only committed to substantially of transportation, and encourage 21st century design increasing federal funding for infrastructure invest- and technology. These reforms would do more than ment. She will also work alongside state and local save taxpayers money—they would encourage private governments to help unlock private pools of capital— capital currently sitting on the sidelines to invest in including pension funds—to complement public invest- America’s future. v ment in America’s infrastructure. That’s why she will allocate $25 billion over five years to an independent, Endnotes government-owned infrastructure bank with a bipar- 1AMERICAN SOCIETY OF CIVIL ENGINEERS, tisan board of highly qualified directors authorized to REPORT CARD FOR AMERICA’S INFRASTRUCTURE 67 make critical investments in building 21st century infra- (2013) infrastructurereportcard.org/a/documents/2013- structure. The bank will: Report-Card.pdf. 1. Provide loans, loan guarantees, and other forms of 2From 1992–2011 the U.S. has invested just 2.6 percent of credit enhancement. The bank would focus on projects of GDP towards infrastructure, compared to 8.5% in China, regional and national significance, emphasizing invest- .0% in Japan, 3.9% in the average industrial country, and ments in complex multi-modal projects like freight and 2.6 % in the EU. McKinsey Global Institute, Infrastructure port improvements, and in projects to modernize our Productivity: How to Save $1 Trillion a Year (2013), www. energy, water, broadband, and transportation systems mckinsey.com/~/media/McKinsey/dotcom/Insights/ in urban and rural communities. The bank will operate Engineering Construction/Infrastructure productivity/ with prevailing wage standards and domestic sourcing MGI Infrastructure_Full report_Jan 2013.ashx, at Exhibit 2. requirements for project materials. 3Federal Highway Administration, Employment

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Impacts of Highway Infrastructure Investment, U.S. Dep’t of docs/Urban_Roads_TRIP_Report_July_2015.pdf; see Transportation (Nov. 2015), www.fhwa.dot.gov/policy/ also Lawrence H. Summers, Fixing America’s Roads Would otps/pubs/impacts. Essentially Pay for Itself, WONKBLOG (Oct. 13, 2015), www. 4DEP’T OF TREASURY, AN ECONOMIC ANALYSIS washingtonpost.com/news/wonk/wp/2015/10/13/ OF INFRASTRUCTURE INVESTMENT: A REPORT larry-summers-fixing-americas-roads-wouldessentially- PREPARED BY THE DEPARTMENT OF TREASURY pay-for-itself/. WITH THE COUNCIL OF ECONOMIC ADVISORS (2010), 10Press Release, Texas A&M Transportation Institute, www.treasury.gov/resource-center/economic-policy/ Traffic Gridlock Sets New Records for Traveler Misery Documents/infrastructure_investment_report.pdf. (Aug. 26, 2015), http://mobility.tamu.edu/ums/ 5Joseph Kane & Robert Puentes, Expanding Opportunity media-information/press-release/ (estimating annual Through Infrastructure Jobs, BROOKINGS (May 2015), congestion costs of $960 per commuter); see also DEP’T OF www.brookings.edu/research/reports2/2015/05/07- TRANSPORTATION, BEYOND TRAFFIC: 2045 TRENDS opportunity-infrastructure-jobs-kane-puentes (finding AND CHOICES (2015), www.transportation.gov/sites/ also that “infrastructure occupations often provide more dot.gov/files/docs/Draft_Beyond_Traffic_Framework. competitive and equitable wages compared to all jobs pdf (estimating the annual cost per commuter at $800 per nationally, consistently paying up to 30 percent more to year); Jonathan I. Levy, Jonathan J. Buonocore & Katherine low-income workers over the past decade.”) von Stackelberg, Evaluation of the Public Health Impacts 6See Josh Bivens, The Short- and Long-Term Impact of of Traffic Congestion: A Health Risk Assessment, 9 ENVIR. Infrastructure Investments on Employment and Economic HEALTH 65 (2010). Activity in the U.S. Economy, ECONOMIC POLICY 11DEP’T OF TRANSPORTATION BUREAU OF INSTITUTE (July 1, 2014), www.epi.org/files/2014/ TRANSPORTATION STATISTICS, TRANSTATS, http:// impact-ofinfrastructure-investments.pdf (“[The] www.transtats.bts.gov/homedrillchart.asp. slowdown in infrastructure investment, which began in 12Raj Chetty & Nathaniel Hendren, Harvard University, the 1970s, has been convincingly linked to the slowdown in The Impacts of Neighborhoods on Intergenerational Mobility overall productivity growth that began in the same period. (Apr. 2015), www.equality-of-opportunity.org/images/ In short, the case for expanded infrastructure investments nbhds_exec_summary.pdf; see also Hillary Clinton, Hillary was strong even before the Great Recession hit.”); Lawrence Clinton Outlines Plan to Strengthen Communities of Color, H. Summers, Reflections on Secular Stagnation, Speech EBONY (Nov. 6, 2015), www.ebony.com/news-views/ at Princeton University (Feb. 19, 2015), larrysummers. exclusive-hillary-clinton-outlines-plan-to-strengthen- com/2015/02/25/reflections-on-secular-stagnation (“Can communities-of-color998#ixzz3s38hF1GG. that possibly make sense, given the demand issues, given 13Justin Worland, Why Climate Change Affects Poor the productivity of public investment, and given that if Neighborhoods the Most, TIME, Oct. 3, 2011, http://time. we have a moral concern about my children’s generation, com/3457668/climate-change-poor-neighborhoods. deferring maintenance is just as surely passing the burden 14Chantal C. Cantarelli et al., Cost Overruns in Large- onto them as issuing debt.”). Scale Transportation Infrastructure Projects: Explanations 7See COUNCIL OF ECONOMIC ADVISERS, ECONOMIC and Their Theoretical Embeddedness, EUR. J. OF TRANSP. & REPORT OF THE PRESIDENT 33 (2015), www.whitehouse. INFRASTRUCTURE RES. (2013), arxiv.org/pdf/1307.2176. gov/sites/default/files/docs/cea_2015_erp.pdf (“What if pdf. productivity growth from 1973 to 2013 had continued at its 15Philip K. Howard, Two Years Not Ten Years: Redesigning pace from the previous 25 years? In this scenario, incomes Infrastructure Approvals, COMMON GOOD (Sept. 2015), would have been 58 percent higher in 2013. If these gains commongood.3cdn.net/c613b4cfda258a5fcb_e8m6b5t3x. were distributed proportionately in 2013, then the median pdf. household would have had an additional $30,000 in 16See ROSABETH MOSS KANTER, MOVE: PUTTING income.”); Bivens, supra note 6 (“A now-extensive literature AMERICA’S INFRASTRUCTURE BACK IN THE LEAD strongly suggests that a slowdown in the rate of public (2015). investment can largely explain the slowdown in overall 17Timothy Geithner, Investing in Infrastructure to Build productivity growth that began in the early 1970s.”). Up Middle-Class Jobs and Long-Term Growth, DEP’T OF 8Bivens, supra note 6; Isabelle Cohen et al., The Economic TREASURY: TREASURY NOTES BLOG (Feb. 9, 2011), Impact and Financing of Infrastructure Spending, COLLEGE OF www.treasury.gov/connect/blog/Pages/Investing- WILLIAM & MARY THOMAS JEFFERSON PROGRAM IN inInfrastructure-to-Build-Up-Middle-Class-Jobs-and- PUBLIC POLICY (2012), www.wm.edu/as/publicpolicy/ Long-Term-Growth.aspx; see also Conrad Wilson, documents/prs/aed.pdf. Northwest Legume Farmers Feel The Squeeze From Oregon’s 9Bumpy Roads Ahead: America’s Roughest Rides and Port Feud, NPR: THE SALT (Sept 23. 2015), www.npr. Strategies to Make our Roads Smoother, THE ROAD org/sections/thesalt/2015/09/18/440259459/northwest- INFORMATION PROGRAM (2015), www.tripnet.org/ legume-farmers-feel-the-squeeze-fromoregons-port-

Published by the Federal Bar Association Transportation and Transportation Security Law Section Special Edition 2016 TransLaw 9

feud (“Farmers from North Dakota, Montana, Idaho and ACT: INVESTING IN OUR FREIGHT SYSTEM TO GROW eastern Washington all depended on this port—the most THE AMERICAN ECONOMY, www.transportation.gov/ inland port on the West Coast—to get some of their crops sites/dot.gov/files/docs/Investing_in_our_Freight_ to market. But this year, many are paying a lot more to System_to_Grow_the_American_ Econ.pdf. transport their lentils, chickpeas and beans to customers in 27NATIONAL ECONOMIC COUNCIL & COUNCIL OF Asia and South America.”). ECONOMIC ADVISORS, AN ECONOMIC ANALYSIS OF 18Farm Futures, Midwestern Governors Make the Case TRANSPORTATION INFRASTRUCTURE INVESTMENT for Better Mississippi River Navigation (Aug. 29, 2014), (Jul. 2014), www.whitehouse.gov/sites/default/files/ farmfutures.com/story-midwestern-governors-make- docs/economic_analysis_of_transportation_investments. case-better-mississippi-river-navigation-0-116996 (quoting pdf. Iowa Governor Terry Brandstad commenting that “[t]he 28CREATE Program Benefits Fact Sheets, Chicago Region Upper Mississippi River is a thoroughfare for trade in this Environmental and Transportation Efficiency Program, region”). www.createprogram.org/about.htm. 19Ronald Reagan, Remarks on Signing the Surface 29Supersizing our strategic seaports is particularly Transportation Assistance Act of 1982 (Jan. 6, 1983), www. important in light of expansions to the Panama Canal. See reagan.utexas.edu/archives/speeches/1983/10683a.htm. Jonathan Cowan et al., Ready for the New Economy, 20Matthew E. Kahn and David M. Levinson, Fix It THIRD WAY (Oct. 28, 2015), www.thirdway.org/report/ First, Expand It Second, Reward It Third: A New Strategy for ready-for-the-new-economy. Clinton will also focus on America’s Highways 11, THE HAMILTON PROJECT (Feb. making our ports cleaner and more sustainable—because, 2011), www.brookings.edu/research/papers/2011/02/ while ports are vital to our economy, they can also place highway-infrastructure-kahn-levinson. disproportionate pollution burdens on surrounding 21Key Facts About America’s Surface Transportation communities. For example, she will pursue initiatives System and Federal Funding, THE ROAD INFORMATION like electrifying port vehicles and requiring ships to use PROGRAM (Apr. 2015), www.tripnet.org/docs/Fact_ on-dock power sources rather than running dirty diesel Sheet_National.pdf, at 2. engines while in port. 22See Kahn & Levinson, supra note 20. 30DEP’T OF TRANSPORTATION FEDERAL AVIATION 23Public Transportation Reduces Greenhouse ADMINISTRATION, THE ECONOMIC IMPACT OF CIVIL Gases and Conserves Energy, AMERICAN PUBLIC AVIATION ON THE U.S. ECONOMY (Jan. 2015), https:// TRANSPORTATION ASSOC., www.apta.com/resources/ www.faa.gov/air_traffic/publications/media/2015- reportsandpublications/Documents/greenhouse_ economic-impactreport.pdf, at 1. brochure.pdf. 31FAA Reauthorization: Air Traffic Control Modernization 24According to the American Public Transit Association, and Reform: Hearing Before the S. Comm. on Commerce, last year Americans took 10.8 billion trips, the highest 114th Cong. (2015) (statement of Jeffery A. Smiskey, President transit ridership in the U.S. in 58 years. Press Release, and CEO of United Airlines), www.commerce.senate. American Public Transport Association, Record 10.8 Billion gov/public/_cache/files/2a3e7196-39a7-4ae2-b453- Trips Taken On U.S. Public Transportation In 2014 (Mar. 3, ce791dd7eea/B959AEFDBE9DDBEFCEA39D228524E9AE. 2015), www.apta.com/mediacenter/pressreleases/2015/ mr.-smisek-testimony.pdf. Pages/150309_Ridership.aspx. 32FEDERAL AVIATION ADMINISTRATION, FACT 25In fact, research suggests that for low-income SHEET – NEXTGEN (Aug. 2015), www.faa.gov/news/ Americans, having affordable transit access to a large fact_sheets/news_story.cfm?newsId=19375. number of employment opportunities is as powerful a 33Ashley Halsey III, Progress on NextGen Aviation System factor in social mobility as elementary-school test scores Is Said to Be “Stalled,” WASH. POST (Nov. 18, 2014), or family structure. Raj Chetty & Nathaniel Hendren, www.washingtonpost.com/local/trafficandcommuting/ Harvard University, The Impacts of Neighborhoods on progress-on-nextgen-aviation-system-is-said-to- Intergenerational Mobility (Apr. 2015), www.equality-of- bestalled/2014/11/18/fd77f58c-6f49-11e4-ad12- opportunity.org/images/nbhds_exec_summary.pdf; see 3734c461eab6_story.html. also Mikayla Bouchard, Transportation Emerges as Crucial to 34FEDERAL AVIATION ADMINISTRATION, NEXTGEN: Escaping Poverty, N.Y. TIMES (May 7, 2015), www.nytimes. THE BUSINESS CASE FOR THE NEXT GENERATION com/2015/05/07/upshot/transportation-emerges- AIR TRANSPORTATION SYSTEM (2014), www.faa.gov/ as-crucial-to-escaping-poverty.html; POLICYLINK, nextgen/media/BusinessCaseForNextGen-2014.pdf. ALL ABOARD! MAKING EQUITY AND INCLUSION 35Addressing Future Capacity Needs in the U.S. Aviation CENTRAL TO FEDERAL TRANSPORTATION POLICY System, ENO CENTER FOR TRANSPORTATION (2009) equitycaucus.org/sites/default/files/AllAboard_ (Nov. 2013), www.ustravel.org/sites/default/files/ final_web.pdf. page/2013/08/USTravel_Eno.pdf. 26DEP’T OF TRANSPORTATION, GROW AMERICA 36Marisa Garcia & Jason Clampet, What Will It Take to

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Bring U.S. Airports Into the Future? Only $4, SKIFT (Jul. 29, (Oct. 2014), cdn.americanprogress.org/wpcontent/ 2015), skift.com/2015/07/29/what-will-it-take-to-bring- uploads/2014/10/wastewater-report.pdf; JULIET u-s-airports-into-the-future-only-4/. CHRISTIAN-SMITH ET AL., A TWENTY-FIRST CENTURY 37The World’s Top 100 Airports – 2015, WORLD AIRPORT U.S. WATER POLICY 52-89 (2012), pacinst.org/wpcontent/ AWARDS, www.worldairportawards.com/awards/ uploads/2013/02/water_and_environmental_justice_ch3. world_airport_rating.html. pdf. 38See, e.g., Stephen J. Ezell & Robert D. Atkinson, From 45Types of Drought Impacts, NATIONAL DROUGHT Concrete to Chips: Bringing the Surface Transportation MITIGATION CENTER, drought.unl.edu/ Reauthorization Act Into the Digital Age, INFORMATION DroughtforKids/HowDoesDroughtAffectOurLives/ TECHNOLOGY & INNOVATION FOUNDATION (May TypesofDroughtImpacts.aspx. 2015), www2.itif.org/2015-concrete-to-chips.pdf. 46ENVIRONMENTAL PROTECTION AGENCY, MAKE 39Understanding Amtrak and the Importance of Passenger Rail THE DROPS-TO-WATTS CONNECTION, (Sept. 14, 2012), in the United States, CENTER FOR AMERICAN PROGRESS water.epa.gov/infrastructure/sustain/waterefficiency. (2015), www.americanprogress.org/issues/economy/ cfm. report/2015/06/04/114298/understandingamtrak-and- 47Keith Miller et al., Ensuring Public Safety by the-importance-of-passenger-rail-in-the-united-states/; see Investing in Our Nation’s Critical Dams and Levees, also KANTER, supra note 16, at 27-72. CENTER FOR AMERICAN PROGRESS (Sept. 20, 40Hillary Clinton’s Vision for Modernizing North 2012), www.americanprogress.org/issues/economy/ American Energy Infrastructure, THE BRIEFING (Sept. report/2012/09/20/38299/ensuring-public-safety-by- 23, 2015), www.hillaryclinton.com/p/briefing/ investing-inour-nations-critical-dams-and-levees/. factsheets/2015/09/23/hillary-clinton-vision-for- 48Id. modernizing-energyinfrastructure/. 49See What it Means for State and Local Tax and Fiscal 41ENVIRONMENTAL PROTECTION AGENCY, Policy: Hearing Before the S. Comm on Finance, 112th Cong. FREQUENTLY ASKED QUESTIONS: WATER (2012) (statement of Frank Sammartino, Assistant Director INFRASTRUCTURE & SUSTAINABILITY (Sept. 14, 2012), for Tax Analysis of the Congressional Budget Office), www. water.epa.gov/infrastructure/sustain/si_faqs.cfm. cbo.gov/sites/default/files/112th-congress-2011-2012/ 42The Case for Fixing the Leaks, CENTER FOR reports/04-25-TaxCodeTestimony.pdf (“Although a large NEIGHBORHOOD TECHNOLOGY (Nov. 18, 2013), majority of tax-preferred bonds are traditional tax-exempt www.cnt.org/sites/default/files/publications/CNT_ bonds, such bonds are a relatively inefficient mechanism CaseforFixingtheLeaks.pdf. for the federal government to transfer funds to state 43Press Release, California Environmental Protection and local governments.”). At a 28 percent subsidy rate, Agency, EPA Announces $183 Million to Improve Water a renewed BABs program would be revenue-neutral. Quality, Infrastructure in California (Oct. 2. 2014), DEP’T OF TREASURY, TREASURY ANALYSIS OF BUILD www.swrcb.ca.gov/press_room/press_releases/2014/ AMERICA BONDS AND ISSUER NET BORROWING pr100214_srf_us_epa_waterboards_final.pdf (noting that COSTS (Apr. 2010), www.treasury.gov/initiatives/ California’s urban water systems leak 283 billion gallons per recovery/Documents/BABs-Report-4-2-2010-FINAL.pdf; year); LOS ANGELES DEPARTMENT OF WATER POWER, see also Roger C. Altman, Aaron Klein & Alan B. Krueger, FACTS AND FIGURES, www.ladwp.com/ladwp/faces/ Financing U.S. Transportation Infrastructure in the 21st ladwp/aboutus/a-water/a-w-factandfigures?_adf. Century, THE HAMILTON PROJECT (May 2015), at 13, ctrlstate=rwqwsnoz8_4&_afrLoop=526840588891141 www.hamiltonproject.org/assets/files/altman_financing_ (noting that the city of Los Angeles consumed 177 billion transportation_infrastructure_21st_century.pdf. gallons of water last year). 50U.S. Dep’t of Transportation, Build America 44Ben Bovarnick et al., Rising Waters, Rising Threat, How Transportation Investment Center (last visited Nov. 27, Climate Change Endangers America’s Neglected Wastewater 2015), https://www.transportation.gov/buildamerica. Infrastructure, CENTER FOR AMERICAN PROGRESS 51See Altman, Klein & Krueger, supra note 49, at 12-14.

Published by the Federal Bar Association Transportation and Transportation Security Law Section Special Edition 2016 TransLaw 11

TRUMP continued from page 1 the Senate Committee on Environment and Public Works, a dozen [energy infrastructure] projects, worth about $33 and many others. billion, have been either rejected by regulators or with- drawn by developers since 2012, with billions more tied Politicians Failed to Fix Our Infrastructure up in projects still in regulatory limbo.” This includes Politicians like President Obama and Hillary Clinton coal and shale energy export facilities. Major pipelines are had the opportunity to fix America’s infrastructure and being blocked as well. As noted in the Wall Street Journal, failed. Consider the facts: blocking such projects “leaves some communities without Since the 1960s, infrastructure spending as a percent access to lower-cost fuel and higher-paying jobs.” of GDP has fallen to around half that of Europe and has now reached a 30-year low. The U.S. ranks twelfth on Donald Trump’s Vision for America’s Infrastructure the Global Competitiveness Index in infrastructure behind Donald Trump is committed to fixing America’s crum- Hong Kong, Singapore, and the Netherlands. The United bling infrastructure. He understands that infrastructure States ranks ninth behind Spain, France, and others in its investment strengthens our economic platform, makes investment in roads as a percent of GDP. America more competitive, creates millions of jobs, increas- es wages for American workers, and reduces the costs of • More than 60,000 bridges are considered “structurally goods and services for American consumers. Our complex deficient.” Traffic delays cost the U.S. economy more and inter-connected transportation network gets us to than $50 billion annually. Most major roads are rated as work and our products to market. As a successful business “less than good condition.” person, Mr. Trump knows firsthand that America’s infra- structure is a linchpin of private sector growth. According An investigation this year by USA Today “identified to the National Association of Manufacturers (NAM), almost 2,000 additional water systems spanning all 50 without major improvements to our transportation sys- states where testing has shown excessive levels of lead tems, “the United States will lose more than 2.5 million contamination over the past four years.” This included jobs by 2025.” Donald Trump’s has a visionary plan to: 350 systems that supplied drinking water to schools or day care facilities. Over 6 million Americans are poten- • Transform America’s crumbling infrastructure into a tially exposed to contaminated water. The tragic story of golden opportunity for accelerated economic growth lead contamination in the drinking water systems of Flint, and more rapid productivity gains with a deficit-neutral Michigan is a sad reminder of government incompetence plan targeting substantial new infrastructure invest- and the lack of adequate investments. ment. NAM estimates a “ten-year funding gap” of ap- Hillary Clinton supported NAFTA, supported China’s proximately $1 trillion. Mr. Trump has targeted a level entry into the World Trade Organization, and allowed of investment necessary to fill this gap. China to run up $1 trillion in cumulative trade deficits • Pursue an “America’s Infrastructure First” policy that with the United States as Secretary of State. When she supports investments in transportation, clean water, a sent American jobs overseas, she also sent our tax base that modern and reliable electricity grid, telecommunica- supports our infrastructure. She rebuilt foreign countries, tions, security infrastructure, and other pressing domes- while America’s infrastructure crumbled. tic infrastructure needs. With Hillary Clinton’s full support, the Obama • Refocus government spending on American infrastruc- Administration spent more than $840 billion in taxpayer ture and away from the Obama-Clinton globalization dollars on the “stimulus” program, which they sold to the agenda. American people on the basis that the money would go • Provide maximum flexibility to the states. to “shovel-ready” infrastructure projects. Yet, only 1 per- • Create thousands of new jobs in construction, steel man- cent of the stimulus was invested in our nation’s drinking ufacturing, and other sectors to build the transporta- water systems. Less than 5 percent overall actually went tion, water, telecommunications and energy infrastruc- toward America’s infrastructure. Billions were wasted on ture needed to enable new economic development in the giveaways to their political friends and cronies. U.S., all of which will generate new tax revenues. With the full support of Hillary Clinton, the Obama • Put American steel made by American workers into the Administration has blocked or delayed billions of dollars backbone of America’s infrastructure. in infrastructure projects through endless studies, govern- • Leverage new revenues and work with financing au- ment reviews, red-tape, and litigation, which increased thorities, public-private partnerships, and other pru- costs on U.S. taxpayers and blocked Americans from dent funding opportunities. obtaining the infrastructure they need. • Harness market forces to help attract new private infra- · According to the Wall Street Journal, “more than structure investment through a deficit-neutral system of

TransLaw 12 TransLaw Special Edition 2016

infrastructure tax credits. NAM found that just $8 billion Manufacturers estimates that $8 billion in infrastructure in infrastructure tax credits would support $226 billion tax credits would support $226 billion in infrastructure in infrastructure investment over 10 years. Innovative investment over 10 years. Financing programs champi- financing programs, like TIFIA, also provide a tenfold oned by Republicans in Congress also provide a tenfold return on investment. return on investment. We are also going to allow billions • Implement a bold, visionary plan for a cost-effective sys- of dollars in private infrastructure projects--blocked by tem of roads, bridges, tunnels, airports, railroads, ports Obama and Clinton--to finally go forward, a common- and waterways, and pipelines in the proud tradition of sense step that doesn't cost taxpayers a dime. This includes President Dwight D. Eisenhower, who championed the important energy infrastructure projects like the Keystone interstate highway system. XL pipeline. An infrastructure agenda of this magnitude • Link increases in spending to reforms that streamline will create hundreds of thousands of new jobs, accelerate permitting and approvals, improve the project delivery economic growth, and promote more than enough new tax system, and cut wasteful spending. revenues to cover the costs of these leveraged investments. • Employ incentive-based contracting to ensure projects Second, we are going to change spending priorities in are on time and on budget. Washington DC so that the nation can do more with exist- • Approve private sector energy infrastructure projects— ing programs that support construction of roads, bridges, including pipelines and coal export facilities—to better water systems, ports and waterways, and so much more. connect American coal and shale energy production In the last 8 years, the Obama-Clinton Administration with markets and consumers. spent more than $50 billion of your tax dollars on global • Work with Congress to modernize our airports and air warming programs. Now, they want to send $3 billion traffic control systems, end long wait times, and reform to the UN for them to waste on even more global warm- the FAA and TSA, while also ensuring that American ing projects. And they are also wasting billions of dollars travelers are safe from terrorism and other threats. on giveaways for boondoggles like the California High • Incorporate new technologies and innovations into our Speed Rail Project, which the people of California don't national transportation system such as state-of-the-art even support. We will end wasteful spending like that and pipelines, advancements in maritime commerce, and the refocus federal spending on prudent infrastructure invest- next generation of vehicles. ments. We are also repealing excessive regulations that are • Make clean water a high priority. Develop a long-term imposing enormous economic losses on our country. This water infrastructure plan with city, state and federal includes ending America’s involvement in the Obama- leaders to upgrade aging water systems. Clinton Paris Climate Deal--a bad deal that costs the U.S. • Link increased investments with positive reforms to in- economy trillions of dollars and gives an unfair advantage frastructure programs that reduce waste and cut costs. to China. Complete projects faster and at lower cost through sig- In Florida, Mr. Trump recently emphasized his sup- nificant regulatory reform and ending needless red-tape. port for water and environmental infrastructure, in par- ticular, stating: “A Trump Administration will also work In contrast, Hillary Clinton has proposed a massive alongside you to restore and protect the beautiful Florida tax increase on American businesses to help fund an Everglades. Our plan will also help you upgrade water “infrastructure bank” that is controlled by politicians and and wastewater systems so that the Florida Aquifer is pure bureaucrats in Washington DC. Her tax hikes will drive and safe from pollution. We will also repair the Herbert more businesses and jobs out of America, further hollow- Hoover Dike in Lake Okeechobee.” ing out our industrial and manufacturing base. And since Hillary Clinton, like the Obama Administration, would do Border Security nothing meaningful to fix the broken permitting and regu- Border security is also a central part of the Trump- latory bureaucracy, very little real progress or improve- Pence platform. Donald Trump has announced a “10 Point ments to our nation’s infrastructure will ever take place Plan” for border security and immigration policy, which under her leadership. Hillary Clinton will also continue includes the following: to block major infrastructure projects like the Keystone XL 1. Begin working on an impenetrable physical wall on pipeline. the southern border, on day one. Mexico will pay for the Instead of imposing new taxes on American business, wall. the Trump-Pence Administration will work with Congress 2. End catch-and-release. Under a Trump administra- to spur the needed levels of investment without adding tion, anyone who illegally crosses the border will be to the national debt. First, we are going to spur private detained until they are removed out of our country. sector investment through a variety of programs, includ- 3. Move criminal aliens out day one, in joint operations ing public-private partnerships and infrastructure tax with local, state, and federal law enforcement. We will ter- credits. As just one example, the National Association of minate the Obama administration’s deadly, non-enforce-

Published by the Federal Bar Association Transportation and Transportation Security Law Section Special Edition 2016 TransLaw 13

ment policies that allow thousands of criminal aliens to immigration laws within the United States. The President freely roam our streets. of the National ICE Council, Chris Crane, stated: “This 4. End sanctuary cities. first-ever endorsement was conducted by a vote of our 5. Immediately terminate President Obama’s two ille- membership, with Hillary Clinton receiving only 5 per- gal executive amnesties. All immigration laws will be cent of that vote. Hillary Clinton, who has never met enforced—we will triple the number of ICE agents. with us… By contrast, Donald Trump reached out to Anyone who enters the U.S. illegally is subject to depor- us for a meeting, sat down with me to discuss his goals tation. That is what it means to have laws and to have a for enforcement, and pledged to support ICE officers, country. our nation’s laws and our members. In his immigration 6. Suspend the issuance of visas to any place where policy, he has outlined core policies needed to restore adequate screening cannot occur, until proven and effec- immigration security—including support for increased tive vetting mechanisms can be put into place. interior enforcement and border security, an end to 7. Ensure that other countries take their people back Sanctuary Cities, an end to catch-and-release, mandatory when we order them deported. detainers, and the canceling of executive amnesty and 8. Ensure that a biometric entry-exit visa tracking sys- non-enforcement directives.” tem is fully implemented at all land, air, and sea ports. 9. Turn off the jobs and benefits magnet. Many immi- Conclusion grants come to the U.S. illegally in search of jobs, even At an important speech in Gettysburg, Pennsylvania, though federal law prohibits the employment of illegal on October 22, 2016, Mr. Trump announced his plan for immigrants. the first 100 days of his administration. As stated in that 10. Reform legal immigration to serve the best interests speech, among his highest priorities will be enactment of of America and its workers, keeping immigration levels legislation—the American Energy & Infrastructure Act— within historic norms. to support expanded U.S. energy production and lever- Importantly, last month, the National Immigration age public-private partnerships, and private investments and Customs Enforcement (ICE) Council, the official through tax incentives, to spur $1 trillion in infrastructure union representing 5,000 federal immigration officers investment over 10 years. The full details for his 100 day and law enforcement support staff, made their first-ever plan can be reviewed at www.donaldjtrump.com/press- endorsement of any candidate for any elected office. releases/donald-j.-trump-delivers-groundbreaking-con- ICE officers are responsible for interior enforcement of tract-for-the-american-vote1. v

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Michael m New Jersey South Dakota Member Admitted to Practice 0-5 Years...... m $170 m $150 m Alaska Mahoney New Mexico m South Dakota Member Admitted to Practice 6-10 Years...... m $235 m $215 Arizona (Rockford, Illinois) m New Mexico Tennessee Member Admitted to Practice 11+ Years...... m $285 m $245 m Phoenix Chapter New York m Chattanooga Retired (Fully Retired from the Practice of Law)...... m $170 m $170 m William D. m Southern District m Eastern District m Knoxville Chapter Browning/ of Illinois of New York m Memphis Active Membership Tucson–$10 Indiana m Southern Mid-South Open to any person admitted to the practice of law before a federal court or a court Arkansas m Indianapolis District of m Nashville of record in any of the several states, commonwealths, territories, or possessions of m Arkansas m Northern District New York m Northeast m the United States or in the District of Columbia. California of Indiana Western Tennessee m Inland Empire Iowa District of Texas Private Sector Public Sector m Los Angeles m Iowa–$10 New York m Austin m m Member Admitted to Practice 0-5 Years...... $110 $85 m Northern Kansas North Carolina m Dallas–$10 Member Admitted to Practice 6-10 Years...... m $170 m $145 District of m Kansas and m Eastern m El Paso Member Admitted to Practice 11+ Years...... m $215 m $175 California Western District District of m Fort Worth Retired (Fully Retired from the Practice of Law)...... m $110 m $110 m Orange County of Missouri North Carolina m San Antonio m Sacramento Kentucky m Middle m Southern Associate Membership m San Diego m Kentucky District of District of m San Joaquin Louisiana North Carolina Texas–$25 Foreign Associate m Valley m Baton Rouge Western m Waco Admitted to practice law outside the U.S...... m $215 District of Colorado m Lafayette/ Utah North Carolina m Colorado Acadiana m Utah North Dakota m Connecticut New m North Dakota Vermont* Law Student Associate m m District of Orleans–$10 Ohio At Large m First year student (includes four years of membership) ...... m $50 Connecticut North m Cincinnati/ Virgin Islands m Second year student (includes three years of membership) ...... m $30 Delaware Louisiana Northern Virgin Islands m Delaware Maine Kentucky-John Virginia Third year student (includes two years of membership) ...... m $20 District of Columbia m Maine W. Peck m Northern One year only option ...... m $20 m Capitol Hill Maryland m Columbus Virginia m D.C. m Maryland m Dayton m Richmond All first, second and third year student memberships include an additional free year m Pentagon Massachusetts m Northern m Roanoke of membership starting from your date of graduation. Florida m Massachusetts District of m Hampton Roads m Broward –$10 Ohio–$10 Chapter County Michigan Oklahoma Washington* m m Jacksonville m Eastern District of Oklahoma City m At Large Dues Total: ______m m North Central Michigan Northern/ West Virginia Florida–$25 m Western District of Eastern m Northern District Oklahoma m Orlando Michigan of West Virginia–$20 Practice Area Sections Oregon m Palm Beach Minnesota Wisconsin m m m Oregon Admiralty Law...... $25 Intellectual Property Law...... $10 m m County Minnesota Pennsylvania Wisconsin m Alternative Dispute Resolution...$15 m International Law...... $10 m South Florida Mississippi m Eastern District Wyoming m Antitrust and Trade Regulation....$15 m Labor and Employment Law...... $15 m Southwest Florida m Mississippi m Wyoming m m of Pennsylvania Banking Law...... $20 LGBT Law...... $15 m Tallahassee Missouri m Middle District m Bankruptcy Law...... $25 m Qui Tam Section...... $15 m Tampa Bay m St. Louis of Pennsylvania m Civil Rights Law...... $15 m Securities Law Section...... $0 Georgia m Kansas and m Western District m Criminal Law...... $10 m Social Security...... $10 m Atlanta–$10 Western District of Pennsylvania m m Environment, Energy, and m State and Local Government Southern District of Missouri Puerto Rico m Natural Resources...... $15 Relations...... $15 of Georgia Montana Hon. Raymond Chapter m Montana m Federal Litigation...... $20 m Taxation...... $15 L. Acosta/ Hawaii Nebraska m m Puerto Rico–$10 Government Contracts...... $20 Transportation and m Hawaii m Nebraska m Health Law...... $15 Transportation Security Law...... $20 Idaho Nevada Chapter Total: ______m Immigration Law...... $10 m Veterans and Military Law...... $20 m Idaho m Nevada m Indian Law...... $15

Career Divisions m Corporate & Association Counsel (in-house counsel and/or Payment Information corporate law practice) ...... $20. TOTAL DUES TO BE CHARGED m Federal Career Service (past/present employee of federal government) ...... N/C. (membership, section/division, and chapter dues): $______m Judiciary (past/present member or staff of a judiciary) ...... N/C m Senior Lawyers* (age 55 or over)...... $10 m Check enclosed, payable to Federal Bar Association m Younger Lawyers* (age 40 or younger or admitted less than 10 years) ...... N/C Credit: m American Express m MasterCard m Visa m Law Student Division ...... N/C *For eligibility, date of birth must be provided. Name on card (please print)

Sections and Divisions Total: ______Card No. Exp. Date

Signature Date