Energy & Transportation Update
An Information Service of the AFI Energy and Transportation Committee
November 20, 2001
Volume II, Number 7
Aviation Security Legislation Signed by President Bush
On Friday, November 16, 2001, the Senate and House passed a compromise aviation security package that will require airport baggage screeners to be federal employees. The House and Senate have been at odds for nearly a month over federalization of airport screeners, and determination of which federal department, Department of Transportation or Department of Justice should oversee screening activities. The provision requires the federal government to hire 28,000 employees, train them and have them working within one year. The compromise package requires all baggage screeners to be federal employees, but will permit airports to "opt out" and hire private contractors after three years if they are granted permission by the federal government. The House Republicans requested the "opt out" provision in order to give local airport authorities some flexibility. The compromise bill creates a new Transportation Security Administration (TSA) within the Transportation Department, headed by an undersecretary for transportation. The TSA is authorized to issue rules and directives almost immediately. The conferees agreed on a fee program to provide funding for the increased security by charging a $2.50 fee per enplanement, but caps the fee at $5.00 per one-way trip. The compromise also authorizes the federal air marshal program to be expanded and requires cockpit doors to be strengthened. President Bush signed the bill Monday, November 19, 2001. For more details on the differences in the House and Senate bills see the NCSL web page at www.ncsl.org/statefed/etIBmenu.htm.
The Amtrak Reform Council Declares Amtrak Will Not Meet Self-Sufficiency Deadline
On Friday, November 9, 2001, the Amtrak Reform Council (ARC) adopted a resolution (by a vote of 6-5) that Amtrak will not achieve operational self-sufficiency by the December 2002 deadline as mandated under the Amtrak Reform and Accountability Act of 1997. The ARC is now required to present to Congress and Amtrak a design for a "restructured and rationalized national intercity rail passenger system" by February 7, 2002. The ARC states in the resolution that the "Council will provide recommendations for reform that can be implemented by a transition that minimizes interruption of service and impact on the employees". Amtrak is required to submit a plan for its own liquidation. Senators Specter (R-Penn.), Sarbanes (D-Md.), Schumer (D-N.Y.), Carper (D-Del.), Leahy (D-Vt.), Biden (D-Del.), Cleland (D-Ga.), Torricelli (D-N.J.), Kerry (D-Mass.) and Breaux (D-La.) has issued a letter supporting Amtrak. More information on the ARC's findings may be accessed at www.amtrakreformcouncil.gov.
Senate Has Pressure to Move the Energy Package
On October 22, 2001, Senate Republicans introduced their version of an energy package, the Homeland Security Act of 2001. The Republican package would increase domestic oil supplies by opening the Arctic National Wildlife Refuge and reforming federal energy programs. The introduction of the bill has put pressure on Senate Majority Leader Tom Daschle (D-SD) to schedule a floor debate before the end of the year. President Bush and Energy Secretary Spencer Abraham have urged Senator Daschle to take up energy legislation soon. Secretary Abraham, stressing the importance of the legislation was quoted as saying, "[w]ithout energy security, you can't have national security". Senator Daschle will wait until he receives the Senate majority's version of an energy package drafted by Senator Bingaman (D-N.M.), Chair of the Senate Energy and Natural Resources Committee. November 1, 2001, Senator Daschle announced the Senate could come back and continue working after the Thanksgiving holiday and possibly stay until the Christmas break. Senator Lott, announced that if Congress continues to work after the Thanksgiving holiday they would take up energy legislation. Senator Bingaman and his staff have not set a date when the majority's version of the energy plan will be finalized.
Appropriations Update:
Conferees Approve Energy and Water Appropriations Bill
On October 30, 2001, conferees approved a $24.6 billion conference report for the fiscal year (FY) 2002 budgets of several federal agencies including U.S. Department of Energy (DOE). The conference report exceeds the President's request by more than $2 billion and the House-passed version by more than $900 million. DOE's budget was significantly increased, with more than $877 million added to the amount appropriated in FY 2001. Funding for environmental cleanup actions at DOE nuclear facilities was set at $7.14 billion, $803 million more than the President requested and $170 million over the current year. Research and development for DOE's renewable energy programs grew by $21 million over the current year, set at $396 million. Nuclear energy programs at DOE received $300 million for FY 2002, $28 million more than the current year and $75 million over the request by the President.
Transportation Appropriations Bill Awaits Action
The controversy over Mexican truck safety has contributed to holding up the transportation appropriations bill (H.R. 2299). The House and Senate version of the transportation spending measure would restrict Mexican trucks from operating in the U.S., while the administration has opposed almost any restrictions on trucks entering freely after January 1, 2002 - a proposal issued after a North American Free Trade Agreement (NAFTA) panel ruling. On November 9, 2001, a letter written by Senator Murray (D - Wash.) and Senator Shelby (R-Ala.), Chairwoman and ranking member of the Senate Transportation Appropriations Subcommittee, was sent to Congressman Rogers (R-Ky.), Chairman of the House Transportation Appropriations Committee, and Transportation Secretary Norman Mineta. The letter outlined new provisions for Mexican trucks that would offer a compromise to addressing safety concerns while advancing trade between the U.S. and Mexico. Secretary Mineta and the administration have commented that the new provisions are still in violation of NAFTA. Congressional staff has indicated the same members in the administration who are dealing with the aviation security bill are also those assigned to the transportation appropriations measure. H.R. 2299 will most likely move now that the aviation security bill negotiations are concluded. The Senate, but not the House, has appointed conferees.
Budget Stimulus Update
The House economic stimulus package, (H.R. 3090) costing $160 billion, earned passage on October 24, 2001, by a slim two-vote margin. On November 8, 2001, the Senate Finance Committee approved a $67 billion economic stimulus package on a partisan line vote. The package contained a provision similar to the House version of the High-Speed Rail Investment Act (H.R. 2329). The Senate Finance Committee Chairman Baucus (D-Mont.) offered an amendment in the nature of a substitute. Included in the amendment was most of the Committee passed bill, plus a $15 billion stimulus package developed by Appropriations Committee Chairman Byrd (D-W.V.). The Republicans raised two budget points of order against the Baucus amendment. The Baucus amendment was unable to get the 60 necessary votes to waive the Budget Act on the points of order. On Thursday, November 15, 2001, the Senate began floor debate on the House passed version of the economic stimulus package (H.R. 3090) - which provides several tax breaks aimed at consumers, businesses and the unemployed. Complicating the picture, the administration has intervened with Congress attempting to negotiate elements of the stimulus package. In the Statement of Administration Policy published November 14, 2001, Office of Management and Budget (OMB) urged the Senate "to work in a bipartisan manner to craft an economic stimulus package that reflects the president's principles...." The OMB release noted that many of the Democratic bill's features are "likely to permanently expand the size and scope of the Federal government...." Congress most likely will not reach an agreement on the economic stimulus package until after the Thanksgiving break.
NCSL Staff:
Eileen Doherty
Committee Director
AFI Energy and Transportation Committee
(202)624-8687
Laurie Holmes
Staff Assistant
AFI Energy and Transportation Committee
(202)624-8695 |
