Panel chair warns transportation bill could undermine agencies

A $59.1 billion fiscal 2002 spending bill for transportation projects was approved quickly by the House Appropriation Subcommittee on Transportation Tuesday--but not without a stern warning from new Chairman Hal Rogers, R-Ky., that mandatory spending for highway and air projects threatens to undermine other agencies and programs supported by the legislation.

Rogers blasted Congress for approving highway and airport authorization bills in recent years that prevent appropriators from deciding how much money should go to such projects. Instead, the bills require a certain amount be spent each year on air and highway programs--a controlling maneuver championed by former House Transportation and Infrastructure Chairman Bud Shuster, R-Pa.

Rogers, who took over as chairman of the transportation appropriations subcommittee this year from Rep. Frank Wolf, R-Va., said the result is that "we have less money and fewer places to find money" to pay for programs of several agencies under the bill, including the Coast Guard. The Coast Guard received 99 percent of its budget request, he said, but there were still reductions that "the American public should not have to face," such as a $60 million cut from the President's request for the agency's acquisition, construction and improvement account.

Furthermore, he said the AIR-21 and TEA-21 laws have created an environment in his subcommittee of "haves and have nots." Until that is changed, he said the panel would continue to have difficulty finding the money to support the agencies under its jurisdiction.

Rogers also had a warning for the Judiciary Committee. At the request of that panel, Rogers excised language from the appropriations bill that would grant limited antitrust immunity so that airlines can communicate with each other and help find ways to improve traffic flow.

The Transportation committee had signed off on the language, but Judiciary Committee Chairman James Sensenbrenner, R-Wis.--who is making a name for himself this year in vehemently protecting his panel's jurisdiction--said he would like to take up the issue and possibly move a bill on the issue in July. Rogers acquiesced, but said he would revisit the issue if Sensenbrenner does not move forward with legislation. "Somebody's going to act. If they don't, then I would propose we move," Rogers said.

The panel accepted only one amendment on Wednesday--report language offered by Rep. Ed Pastor, D-Ariz., that urged the Federation Aviation Administration to expediate its recommendation on improving the airspace design of the southwest portion of the country. The amendment passed by unanimous consent.

The bill, which was approved on a simple voice vote, would provide a total of $14.9 billion in discretionary budget authority, a cut of about $1.6 billion below fiscal 2001.

Among the bill's highlights:

• $32.7 billion for highway spending, an increase of $1.2 billion over fiscal 2001.

• $6.7 billion for transit programs, an increase of $493 million over fiscal 2001.

• $13.3 billion for the Federal Aviation Administration, a $690 million increase over fiscal 2001. That number includes $3.3 billion for the airport improvement program.

• $5 billion for the Coast Guard, an increase of $486 million over fiscal 2001. The panel also fully funds the $600 million request for capital needs, and provides $300 million for the agency's "Deepwater" project, the largest equipment acquisition program ever undertaken by the Transportation Department. Bill language is included to ensure that the project is provided for in future administration budget requests.

On the issue of airlines delays, the bill fully funds the "free flight" program and raises spending for the "safe flight 21" program, which develops technologies to improve airway capacity. The bill also directs the FAA to spend at least $8.5 million to redesign the New Jersey/New York airspace.

On the issue of motor safety, the bill provides $88.2 million requested by the administration to maintain a high level of trucking safety on the border with Mexico as the border is opened up next year as required under the North American Free Trade Agreement. The bill also provides $206 million for motor carrier safety programs.