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Translaw Special Edition Fall 2016 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
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