[House Hearing, 112 Congress] [From the U.S. Government Publishing Office] IMPROVING AND REFORMING THE NATION'S SURFACE TRANSPORTATION PROGRAMS ======================================================================= (112-19) HEARING BEFORE THE SUBCOMMITTEE ON HIGHWAYS AND TRANSIT OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION ---------- MARCH 29 AND 30, 2011 ---------- Printed for the use of the Committee on Transportation and Infrastructure IMPROVING AND REFORMING THE NATION'S SURFACE TRANSPORTATION PROGRAMS IMPROVING AND REFORMING THE NATION'S SURFACE TRANSPORTATION PROGRAMS ======================================================================= (112-19) HEARING BEFORE THE SUBCOMMITTEE ON HIGHWAYS AND TRANSIT OF THE COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION __________ MARCH 29 AND 30, 2011 __________ Printed for the use of the Committee on Transportation and Infrastructure Available online at: http://www.gpo.gov/fdsys/browse/ committee.action?chamber=house&committee=transportation ---------- U.S. GOVERNMENT PRINTING OFFICE 65-478 PDF WASHINGTON : 2011 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) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE JOHN L. MICA, Florida, Chairman DON YOUNG, Alaska NICK J. RAHALL II, West Virginia THOMAS E. PETRI, Wisconsin PETER A. DeFAZIO, Oregon HOWARD COBLE, North Carolina JERRY F. COSTELLO, Illinois JOHN J. DUNCAN, Jr., Tennessee ELEANOR HOLMES NORTON, District of FRANK A. LoBIONDO, New Jersey Columbia GARY G. MILLER, California JERROLD NADLER, New York TIMOTHY V. JOHNSON, Illinois CORRINE BROWN, Florida SAM GRAVES, Missouri BOB FILNER, California BILL SHUSTER, Pennsylvania EDDIE BERNICE JOHNSON, Texas SHELLEY MOORE CAPITO, West Virginia ELIJAH E. CUMMINGS, Maryland JEAN SCHMIDT, Ohio LEONARD L. BOSWELL, Iowa CANDICE S. MILLER, Michigan TIM HOLDEN, Pennsylvania DUNCAN HUNTER, California RICK LARSEN, Washington TOM REED, New York MICHAEL E. CAPUANO, Massachusetts ANDY HARRIS, Maryland TIMOTHY H. BISHOP, New York ERIC A. ``RICK'' CRAWFORD, Arkansas MICHAEL H. MICHAUD, Maine JAIME HERRERA BEUTLER, Washington RUSS CARNAHAN, Missouri FRANK C. GUINTA, New Hampshire GRACE F. NAPOLITANO, California RANDY HULTGREN, Illinois DANIEL LIPINSKI, Illinois LOU BARLETTA, Pennsylvania MAZIE K. HIRONO, Hawaii CHIP CRAVAACK, Minnesota JASON ALTMIRE, Pennsylvania BLAKE FARENTHOLD, Texas TIMOTHY J. WALZ, Minnesota LARRY BUCSHON, Indiana HEATH SHULER, North Carolina BILLY LONG, Missouri STEVE COHEN, Tennessee BOB GIBBS, Ohio LAURA RICHARDSON, California PATRICK MEEHAN, Pennsylvania ALBIO SIRES, New Jersey RICHARD L. HANNA, New York DONNA F. EDWARDS, Maryland STEPHEN LEE FINCHER, Tennessee JEFFREY M. LANDRY, Louisiana STEVE SOUTHERLAND II, Florida JEFF DENHAM, California JAMES LANKFORD, Oklahoma (ii) Subcommittee on Highways and Transit JOHN J. DUNCAN, Jr., Tennessee, Chairman DON YOUNG, Alaska PETER A. DeFAZIO, Oregon THOMAS E. PETRI, Wisconsin JERROLD NADLER, New York HOWARD COBLE, North Carolina BOB FILNER, California FRANK A. LoBIONDO, New Jersey LEONARD L. BOSWELL, Iowa GARY G. MILLER, California TIM HOLDEN, Pennsylvania TIMOTHY V. JOHNSON, Illinois MICHAEL E. CAPUANO, Massachusetts SAM GRAVES, Missouri MICHAEL H. MICHAUD, Maine BILL SHUSTER, Pennsylvania GRACE F. NAPOLITANO, California SHELLEY MOORE CAPITO, West Virginia MAZIE K. HIRONO, Hawaii JEAN SCHMIDT, Ohio JASON ALTMIRE, Pennsylvania CANDICE S. MILLER, Michigan TIMOTHY J. WALZ, Minnesota ANDY HARRIS, Maryland HEATH SHULER, North Carolina ERIC A. ``RICK'' CRAWFORD, Arkansas STEVE COHEN, Tennessee JAIME HERRERA BEUTLER, Washington LAURA RICHARDSON, California FRANK C. GUINTA, New Hampshire ALBIO SIRES, New Jersey LOU BARLETTA, Pennsylvania DONNA F. EDWARDS, Maryland BLAKE FARENTHOLD, Texas EDDIE BERNICE JOHNSON, Texas LARRY BUCSHON, Indiana ELIJAH E. CUMMINGS, Maryland BILLY LONG, Missouri NICK J. RAHALL II, West Virginia BOB GIBBS, Ohio (Ex Officio) RICHARD L. HANNA, New York, Vice Chair STEVE SOUTHERLAND II, Florida JOHN L. MICA, Florida (Ex Officio) (iii) CONTENTS ---------- TUESDAY, MARCH 29, 2011 Page Summary of Subject Matter........................................ ix TESTIMONY Betkey, Vernon F., Jr., Director, Maryland Highway Safety Office, on behalf of the Governors Highway Safety Association.......... 4 Byrd, LaMont, Director, Safety and Health Department, International Brotherhood of Teamsters......................... 4 Dexter, Jennifer, Assistant Vice President, Government Relations, Easter Seals................................................... 4 Dowling, Captain Steve, California Highway Patrol, on behalf of the Commercial Vehicle Safety Alliance......................... 4 Downey, Mortimer L., III, Senior Advisor, Parsons Brinckerhoff, on behalf of the Coalition for America's Gateways and Trade Corridors...................................................... 4 Hanley, Larry, International President, Amalgamated Transit Union 4 Johnson, Wayne, Manager, Global Carrier Relations, Owens Corning, on behalf of The National Industrial Transportation League..... 4 Kane, Kristopher, Professional Truck Driver, Quality Carriers, on behalf of the Owner-Operator Independent Drivers Association... 4 Leach, Dave, President and CEO, Greyhound Lines, Inc............. 4 Letourneau, Robert, Motorcycle Rider Education Specialist, New Hampshire Department of Safety, on behalf of the Motorcycle Riders Foundation.............................................. 4 Marsico, Dale J., Executive Director, Community Transportation Association of America......................................... 4 Martz, Jon, Vice President, Government Relations, VPSI, Inc., on behalf of the Association for Commuter Transportation.......... 4 McBride, Robert, Operator, Metro Taxi, on behalf of the Taxicab, Limousine & Paratransit Association............................ 4 Millar, William, President, American Public Transportation Association.................................................... 4 Mullings, Lisa J., President and CEO, NATSO, Inc. (National Association of Truck Stop Operators)........................... 4 Nagle, Kurt J., President and CEO, American Association of Port Authorities.................................................... 4 Pantuso, Peter J., President and CEO, American Bus Association... 4 Stone, Judith Lee, President, Advocates for Highway and Auto Safety......................................................... 4 Windsor, Barbara, President and CEO, Hahn Transportation, Inc., on behalf of American Trucking Associations.................... 4 Withers, Jan, Member, National Board of Directors, Mothers Against Drunk Driving.......................................... 4 PREPARED STATEMENTS SUBMITTED BY MEMBERS OF CONGRESS Duncan, Hon. John J., Jr., of Tennessee.......................... 44 Richardson, Hon. Laura, of California............................ 45 PREPARED STATEMENTS SUBMITTED BY WITNESSES Betkey, Vernon F., Jr............................................ 50 Byrd, LaMont..................................................... 59 Dexter, Jennifer................................................. 73 Dowling, Captain Steve........................................... 91 Downey, Mortimer L., III......................................... 108 Hanley, Larry.................................................... 118 Johnson, Wayne................................................... 146 Kane, Kristopher................................................. 156 Leach, Dave...................................................... 166 Letourneau, Robert............................................... 171 Marsico, Dale J.................................................. 177 Martz, Jon....................................................... 197 McBride, Robert.................................................. 203 Millar, William.................................................. 211 Mullings, Lisa J................................................. 235 Nagle, Kurt J.................................................... 241 Pantuso, Peter J................................................. 245 Stone, Judith Lee................................................ 265 Windsor, Barbara................................................. 285 Withers, Jan..................................................... 308 SUBMISSIONS FOR THE RECORD Betkey, Vernon F., Jr., Director, Maryland Highway Safety Office, on behalf of the Governors Highway Safety Association, response to question.................................................... 57 Dowling, Captain Steve, California Highway Patrol, on behalf of the Commercial Vehicle Safety Alliance, response to question... 101 Downey, Mortimer L., III, Senior Advisor, Parsons Brinckerhoff, on behalf of the Coalition for America's Gateways and Trade Corridors, responses to questions.............................. 114 Hanley, Larry, International President, Amalgamated Transit Union, responses to questions.................................. 144 Kane, Kristopher, Professional Truck Driver, Quality Carriers, on behalf of the Owner-Operator Independent Drivers Association, response to question........................................... 165 Millar, William, President, American Public Transportation Association, responses to questions............................ 229 Stone, Judith Lee, President, Advocates for Highway and Auto Safety, response to question................................... 282 Windsor, Barbara, President and CEO, Hahn Transportation, Inc., on behalf of American Trucking Associations, responses to questions...................................................... 303 Withers, Jan, Member, National Board of Directors, Mothers Against Drunk Driving, request to include Washington Post editorial, ``Plastered''....................................... 316 ---------- WEDNESDAY, MARCH 30, 2011 TESTIMONY Belcher, Scott, President and CEO, Intelligent Transportation Society of America............................................. 321 Boehlert, Hon. Sherwood, on behalf of the Bipartisan Policy Center......................................................... 321 Burke, John, CEO, Trek Bicycle Corporation, on behalf of the Bikes Belong Coalition......................................... 321 Caldwell, Kathy J., P.E., F.ASCE, President, American Society of Civil Engineers................................................ 321 Calvert, Sharon, Co-Founder, Florida Alliance.................... 321 Cohen, Gregory M., President and CEO, American Highway Users Alliance....................................................... 321 Cox, William G., President, Corman Construction, Inc., on behalf of the American Road & Transportation Builders Association..... 321 Diederich, Paul, President, Industrial Builders, Inc., on behalf of The Associated General Contractors of America............... 321 Grote, Bryan, Principal, Mercator Advisors LLC, and Member, National Surface Transportation Infrastructure Financing Commission..................................................... 321 Jeffrey, Joe, President, Road-Tech Safety Services, on behalf of the American Traffic Safety Services Association............... 321 Johnson, Ashby, AICP, Deputy Director of Transportation, Houston- Galveston Area Council, on behalf of the Association of Metropolitan Planning Organizations............................ 321 Lovaas, Deron, Federal Transportation Policy Director, Natural Resources Defense Council...................................... 321 McCartney, Frank, Executive Director, Delaware River Joint Toll Bridge Commission, on behalf of the International Bridge, Tunnel and Turnpike Association................................ 321 Moore, Adrian, Vice President, Reason Foundation, and Member, National Surface Transportation Infrastructure Financing Commission..................................................... 321 Njord, John R., P.E., Executive Director, Utah Department of Transportation................................................. 321 Poupore, Raymond J., Executive Vice President, National Construction Alliance II....................................... 321 Smith, John Robert, President and CEO, Reconnecting America...... 321 Stump, Jerry, Executive Vice President and COO, Wilbur Smith Associates, on behalf of the American Council of Engineering Companies...................................................... 321 Thomey, David R., Executive Vice President, Maryland Materials, Inc., on behalf of the National Stone, Sand & Gravel Association.................................................... 321 Ware, Timothy, Executive Director, Mid-East Commission, on behalf of the National Association of Development Organizations....... 321 PREPARED STATEMENTS SUBMITTED BY WITNESSES Belcher, Scott................................................... 363 Boehlert, Hon. Sherwood.......................................... 375 Burke, John...................................................... 384 Caldwell, Kathy J., P.E., F.ASCE................................. 391 Calvert, Sharon.................................................. 403 Cohen, Gregory M................................................. 414 Cox, William G................................................... 424 Diederich, Paul.................................................. 437 Grote, Bryan..................................................... 452 Jeffrey, Joe..................................................... 460 Johnson, Ashby, AICP............................................. 490 Lovaas, Deron.................................................... 497 McCartney, Frank................................................. 513 Moore, Adrian.................................................... 521 Njord, John R., P.E.............................................. 524 Poupore, Raymond J............................................... 531 Smith, John Robert............................................... 540 Stump, Jerry..................................................... 552 Thomey, David R.................................................. 557 Ware, Timothy.................................................... 562 SUBMISSIONS FOR THE RECORD Boehlert, Hon. Sherwood, on behalf of the Bipartisan Policy Center, response to question................................... 382 Burke, John, CEO, Trek Bicycle Corporation, on behalf of the Bikes Belong Coalition, response to question................... 390 Caldwell, Kathy J., P.E., F.ASCE, President, American Society of Civil Engineers, responses to questions........................ 399 Cohen, Gregory M., President and CEO, American Highway Users Alliance, response to question................................. 422 Cox, William G., President, Corman Construction, Inc., on behalf of the American Road & Transportation Builders Association, responses to questions......................................... 434 Diederich, Paul, President, Industrial Builders, Inc., on behalf of The Associated General Contractors of America, responses to questions...................................................... 449 Grote, Bryan, Principal, Mercator Advisors LLC, and Member, National Surface Transportation Infrastructure Financing Commission, responses to questions............................. 457 Jeffrey, Joe, President, Road-Tech Safety Services, on behalf of the American Traffic Safety Services Association: Responses to questions......................................... 468 Request to include ``Highway Safety Improvement Program (HSIP) Obligations and Fatalities on U.S. Highways: Final Report,'' June 29, 2010, prepared by Science Applications International Corporation (SAIC)........................................... 471 Johnson, Ashby, AICP, Deputy Director of Transportation, Houston- Galveston Area Council, on behalf of the Association of Metropolitan Planning Organizations, responses to questions.... 494 Njord, John R., P.E., Executive Director, Utah Department of Transportation, responses to questions......................... 530 Poupore, Raymond J., Executive Vice President, National Construction Alliance II, responses to questions............... 534 Smith, John Robert, President and CEO, Reconnecting America, response to question........................................... 549 Ware, Timothy, Executive Director, Mid-East Commission, on behalf of the National Association of Development Organizations, responses to questions......................................... 571 ADDITIONS TO THE RECORD FOR MARCH 29 AND MARCH 30, 2011 Alliance for Biking and Walking; Alternatives for Community & Environment; Amalgamated Transit Union; America Bikes; Apollo Alliance; Association of Programs for Rural Independent Living; Campaign for Community Change; Change to Win; CLASP; Kirwan Institute for the Study of Race and Ethnicity; Local Initiatives Support Corporation; NAACP; NAACP Legal Defense and Educational Fund, Inc., National Coalition for Asian Pacific American Community Development; National Complete Streets Coalition; National Council of La Raza; National Housing Conference; National Housing Trust; National Low Income Housing Coalition; Partnership for Working Families; PolicyLink; Poverty & Race Research Action Council; Public Advocates; Reconnecting America; Safe Routes to School National Partnership; The Leadership Conference on Civil and Human Rights; The National Alliance of Community Economic Development Associations; Transit Riders for Public Transportation; Transport Workers Union of America, AFL-CIO; Trust for America's Health; and the William C. Velasquez Institute; written testimony.............................................. 573 Alliance for Safe, Efficient and Competitive Truck Transportation, written statement.............................. 579 America Bikes, written testimony................................. 583 Andrew J. Warcaba & Associates, Inc., Andy Warcaba, President, written statement.............................................. 585 Apollo Alliance, written statement............................... 588 International Downtown Association, James A. Cloar, Interim President, written testimony................................... 596 National Association of Area Agencies on Aging (n4a), Sandy Markwood, CEO, written statement............................... 601 National Association of Home Builders, written statement......... 605 National Association of Realtors, written statement............. 608 National Complete Streets Coalition, written testimony........... 610 National Congress of American Indians, written testimony......... 613 National Steel Bridge Alliance, Roger Ferch, Executive Director, written statement.............................................. 619 Safe Routes to School National Partnership, Deborah A. Hubsmith, Director, written testimony.................................... 625 The Leadership Conference on Civil and Human Rights, Wade Henderson, President and CEO, written testimony................ 634 Transportation Departments of Idaho, Montana, North Dakota, South Dakota, and Wyoming, written statement......................... 640 United Motorcoach Association, written testimony................. 652 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] IMPROVING AND REFORMING THE NATION'S SURFACE TRANSPORTATION PROGRAMS ---------- TUESDAY, MARCH 29, 2011 House of Representatives, Subcommittee on Highways and Transit, Committee on Transportation and Infrastructure, Washington, DC. The subcommittee met, pursuant to call, at 2:30 p.m., in Room 2167, Rayburn House Office Building, Hon. John J. Duncan, Jr., (Chairman of the subcommittee) presiding. Mr. Duncan. The subcommittee will come to order. Today the subcommittee is convening a 2-day hearing to receive testimony from the Transportation Committee on their ideas for the reauthorization of the Federal surface transportation programs. This reauthorization of the highway, transit, and highway safety programs will be more challenging than probably any other in recent memory. Fiscal constraints and calls for Congress to redefine the Federal role in surface transportation will require us to consider dramatic changes to these programs. One of the key initiatives that the subcommittee will focus on is streamlining the project delivery process. Time delays and inefficiencies in project delivery not only postpone needed improvements in our Nation's transportation infrastructure but also result in increases in the cost of the project. The subcommittee will also be looking at innovative financing. Bonding, loan programs, and public-private partnerships are just some of the innovative financing techniques that the subcommittee can utilize to leverage the Nation's limited Highway Trust Fund dollars. Additionally, the subcommittee must take a hard look at the number of Federal surface transportation programs. Today, there are more than 100 highway, transit, and highway safety programs. We don't need that many. We should consolidate duplicative Federal programs to eliminate waste and eliminate programs that do not serve a national need. I am pleased that we have the Ranking Member of the full committee, Mr. Rahall. I was told that Ms. Richardson was on the way, and I was going to wait on her, but Ranking Member Rahall told us to go ahead. We are doing this a little differently than we have done before. We have had a few days of Member requests in which we had a great number of witnesses, but we have never had quite this many witnesses for another type of hearing, so we are sort of experimenting here today. I understand that all the witnesses have been told that the goal is to try to limit their statements to 4 minutes each. We realize that we will not be able to exactly do that. But, at this point, I would like to welcome, as the Ranking Member of the subcommittee for the day, the gentlelady from California, Ms. Richardson. Ms. Richardson. Thank you, Mr. Duncan. Only for today? Mr. Duncan. As long as you want. Ms. Richardson. Mr. Chairman, I would like to thank you for convening this hearing to discuss our surface transportation programs. Our Nation's infrastructure is falling further and further into a state of disrepair every day, and it is our duty as being members of this committee to address it and to get a long-term bill done. The SAFETEA-LU created commissions that studied the Nation's need to invest in our infrastructure specifically for the purpose of forming on the decision that we are talking about now. Through this process, the National Surface Transportation Policy and Revenue Study Commission concluded that we must invest $225 billion annually from all sources to bring our infrastructure up to a state of good repair. While the Federal Government is clearly not the sole source and we will be exploring private-public partnerships, one of many, we all know that it is the primary source. And, thus, our investment must be up to scale to meet the Commission's--the charter that they have given us. Congestion is crippling our major cities. The quality of our transportation system is deteriorating. Almost 61,000 miles, 37 percent of our roads, are in poor or fair condition, and 152,000 bridges are 25 percent structurally deficient. When you consider all of these things, unfortunately the Highway Trust Fund is not collecting a sufficient amount of receipts to be able to enable us to make the repairs that are necessary. The President has laid out a good start of his bill proposal of $556 billion over 6 years. He also has included in that a national infrastructure bank and other innovative financing ideas to help bring this sort of investment to fruition. We saw with the American Recovery and Reinvestment Act that, through the $64.1 billion, it created 1.8 million jobs and $323 billion in economic activity. We must think of additional creative ways. I have suggested several that I believe the Chairman and our Ranking Member are both aware of. I won't go too much into detail with them. However, I will say one thing I think is absolutely necessary, and that is a goods movement trust fund. We have suggested on the table a 12 percent increase, a diesel tax, that has been supported by the industry itself. There are other things that we should consider, such as a TIFIA enhancement, which would enable better financing, and also considering making environmental changes, as well. Because I do know you, Mr. Duncan, I have actually cut my comments by about 20 percent of what I had here, because I know he likes us to keep it brief. But it would suffice to say, we are looking forward to working in a bipartisan fashion. However, we hope that you will be open to consider innovative financing as a part of that proposal. I yield back and submit my final statement for the record. Mr. Duncan. Well, thank you very much, Ms. Richardson. You know you are one of my favorite Members, so I appreciate that. And we will now hear from our distinguished Ranking Member, the gentleman from West Virginia, Mr. Rahall. Mr. Rahall. Thank you, Mr. Chairman. I have no prepared statement, only to commend you for conducting these hearings today. And I commend all the witnesses, many of whom have traveled from far away to be here. Others, as I recognize, are right here in DC. So, welcome. I have no further comments. Mr. Duncan. All right. Thank you very much. Mr. Boswell? Mr. Boswell. No comment. Mr. Duncan. All right. Another way we are experimenting here today, we have 20 witnesses today and I guess another 20 tomorrow, and then we have other groups that have requested--we had additional witnesses who wanted to testify. We wanted to give everybody a chance to have their say and put their statements in the record and so forth. We will let additional groups put their statements into the record, but we have sort of hit a limit on the number of witnesses that we could accommodate. But we have asked that the witnesses remain. And if there are any Members present at the end, we will hold questions until the end. And I ask unanimous consent that members of the Committee on Transportation and Infrastructure who are not on the Subcommittee on Highways and Transit be permitted to sit with the subcommittee at today's hearing, offer testimony and ask questions. Are there any objections? Hearing none, it will be so ordered. All right. The first witness will be Mr. William Millar, president of the American Public Transportation Association. Mr. Millar? TESTIMONY OF WILLIAM MILLAR, PRESIDENT, AMERICAN PUBLIC TRANSPORTATION ASSOCIATION; LARRY HANLEY, INTERNATIONAL PRESIDENT, AMALGAMATED TRANSIT UNION; DALE J. MARSICO, EXECUTIVE DIRECTOR, COMMUNITY TRANSPORTATION ASSOCIATION OF AMERICA; JON MARTZ, VICE PRESIDENT, GOVERNMENT RELATIONS, VPSI, INC., ON BEHALF OF THE ASSOCIATION FOR COMMUTER TRANSPORTATION; ROBERT MCBRIDE, OPERATOR, METRO TAXI, ON BEHALF OF THE TAXICAB, LIMOUSINE & PARATRANSIT ASSOCIATION; JENNIFER DEXTER, ASSISTANT VICE PRESIDENT, GOVERNMENT RELATIONS, EASTER SEALS; BARBARA WINDSOR, PRESIDENT AND CEO, HAHN TRANSPORTATION, INC., ON BEHALF OF AMERICAN TRUCKING ASSOCIATIONS; KRISTOPHER KANE, PROFESSIONAL TRUCK DRIVER, QUALITY CARRIERS, ON BEHALF OF THE OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION; LAMONT BYRD, DIRECTOR, SAFETY AND HEALTH DEPARTMENT, INTERNATIONAL BROTHERHOOD OF TEAMSTERS; DAVE LEACH, PRESIDENT AND CEO, GREYHOUND LINES, INC.; PETER J. PANTUSO, PRESIDENT AND CEO, AMERICAN BUS ASSOCIATION; CAPTAIN STEVE DOWLING, CALIFORNIA HIGHWAY PATROL, ON BEHALF OF THE COMMERCIAL VEHICLE SAFETY ALLIANCE; VERNON F. BETKEY, JR., DIRECTOR, MARYLAND HIGHWAY SAFETY OFFICE, ON BEHALF OF THE GOVERNORS HIGHWAY SAFETY ASSOCIATION; JUDITH LEE STONE, PRESIDENT, ADVOCATES FOR HIGHWAY AND AUTO SAFETY; JAN WITHERS, MEMBER, NATIONAL BOARD OF DIRECTORS, MOTHERS AGAINST DRUNK DRIVING; ROBERT LETOURNEAU, MOTORCYCLE RIDER EDUCATION SPECIALIST, NEW HAMPSHIRE DEPARTMENT OF SAFETY, ON BEHALF OF THE MOTORCYCLE RIDERS FOUNDATION; MORTIMER L. DOWNEY III, SENIOR ADVISOR, PARSONS BRINCKERHOFF, ON BEHALF OF THE COALITION FOR AMERICA'S GATEWAYS AND TRADE CORRIDORS; KURT J. NAGLE, PRESIDENT AND CEO, AMERICAN ASSOCIATION OF PORT AUTHORITIES; WAYNE JOHNSON, MANAGER, GLOBAL CARRIER RELATIONS, OWENS CORNING, ON BEHALF OF THE NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE; LISA J. MULLINGS, PRESIDENT AND CEO, NATSO, INC. (NATIONAL ASSOCIATION OF TRUCK STOP OPERATORS) Mr. Millar. Thank you, Mr. Chairman, for the opportunity to testify today. APTA's 1,500 public and private members provide 90 percent of the Nation's 35 million daily transit trips. Enacting a well-funded, 6-year, multimodal surface transportation bill is one of the most important actions Congress can take to put our Nation's economic engine into higher gear and prepare the Nation for future population and economic growth. Conversely, further delay in passing a bill will have the opposite effect, forcing businesses to lay off employees and invest overseas, while our Nation's transit systems fall further behind. In many ways, the current Federal program works well. President Reagan and the Congress created the Mass Transit Account within the Highway Trust Fund in 1983. The steady, predictable funding provided by the trust fund has been essential to the success of the program. But due to underfunding, problems are becoming evident in deferred maintenance, overage vehicles, and more Americans without service. The U.S. Department of Transportation estimates that more than $78 billion is required to bring transit infrastructure up to a state of good repair, and much more investment is needed on an annual basis to accommodate the growth of the industry. We are pleased that the President's budget proposal begins to address these growing transit needs. When I talk about new ridership, I am talking not about the far-off future; it is happening today. If regular gas prices average $4 a gallon this year, as many predict, some 2 million new trips per day can be expected on our systems. If pump prices jump to $5 a gallon, at least 5 million more trips per day can be expected, as motorists seek to beat the high cost of gasoline. Now, turning to our ideas for improving the Federal transit program, let's begin with the New Starts program. New Starts is the main construction program for bus rapid transit, subways, light rail, and new commuter rail systems. But developing a project can take 12 years. We suggest eliminating the duplicative alternatives analysis stage of the program, and about 2 years can be saved. We also propose that the Federal Transit Administration reduce the number of approvals needed for each project. Each pause for Federal approval adds many months to the project schedule. On the formula side of the law, APTA proposes changes to the bus program, simplifying the Fixed Guideway Modernization Program, and consolidating three existing programs into a simplified coordinated mobility program that would allow communities to continue to carry out existing services or make changes they desire but consolidate the administrative and grant-making processes and costs. Finally, I want to speak about innovative finance. Relying on alternative financing mechanisms to leverage Federal investments makes a great deal of sense to speed up projects, as long as we understand that financing does not replace the need for expanded investment. Our experience is that current financing programs just don't work well for transit projects, but there are ideas to change that. APTA supports growing the TIFIA program, allowing it to finance a suite of multimodal projects in a region and modifying the so-called ``springing lien'' provision, which unnecessarily limits some sources of revenue to finance projects. Now, I don't have time in the short time allotted to go into the details of many of our other proposals, but my written testimony includes many suggestions, including some computer links to very detailed ideas. APTA certainly looks forward to working with the committee as you wrestle with the issues needed to put together a brand- new, multimodal, 6-year, well-funded surface transportation program. Thank you, sir. Mr. Duncan. All right. Thank you very much, Mr. Millar. Good suggestions. And all of the full statements of all the witnesses will be placed in the record and reviewed by the committee leadership and staff. Our next witness is Mr. Larry Hanley, the international president of the Amalgamated Transit Union. Mr. Hanley? Mr. Hanley. Thank you, Mr. Chairman, for the opportunity. Our union represents 190,000 members in 46 States and in 9 provinces in Canada. We are here today, first of all, to agree with much of what Bill Millar said, but also to point out that America is suffering from a transit crisis that is largely being ignored. This is a crisis throughout urban America, where service has been cut, fares have been increased, at a time when the Federal Government has spent more money in the last year on transit than any year in history. We have experienced not only layoffs of our members but the diminishing of service in cities throughout the country. In Chicago, the Transit Authority has cut 18 percent of its bus service and 9 percent of its rail service. In Cleveland, 12 percent of the service has been cut. Detroit has lost 25 percent of its transit service, while, 2 days ago, in Pittsburgh, despite the fact that there appears to be adequate local funding, the system voted to shut down 15 percent of its transit service. This comes at a time when we have wars going on around the world in order for us to secure more oil. And we are ignoring-- despite the investment we have made, we are ignoring the fact that transit needs operating aid and it needs it now. At a time when local budgets are under strain because of falling tax revenues, we believe the Federal Government should step up and allow flexibility in its funding programs so that our systems can continue to operate. In my home city of New York, we have seen services that ran for the last 100 years being eliminated on weekends and at nights because of the current funding crisis, despite the fact that there are currently projects going on to build systems even in New York City that won't be available for 5 or 10 years to our riders. This is a short-sighted view that we believe Congress has, and we hope that you will consider taking another look at it. Additionally, though, you should know that, in the coming days, Tacoma, Washington, is facing a 15 percent cut in service. In Birmingham, Alabama, and Long Island, New York, there are cuts on the table of 50 percent of the bus service that currently operates. This has to be recognized by Congress as a national crisis. It is not something that is restricted to one local area. And we call upon you to act to allow more flexibility in the existing program so that transit systems can survive this economic crisis. Additionally, though, I could not speak to a Member of Congress without addressing the fact that there was an accident--there were actually two accidents in New York and New Jersey in the last month involving fatalities in the intercity bus industry. And this is a problem that has come about because of a lack of regulation and also, significantly, a lack of enforcement in the intercity bus industry. More people are dying every month in America as a consequence of the Federal Government turning a blind eye to fierce, unregulated competition in that industry. And we call upon Congress to act to try and remedy that, and we certainly believe that it is within your reach. Finally, we have, our workers, America's workers, the people that populate the labor movement and the people that make this country run, have been told over and over again in the last 3 or 4 months that everything we have, everything we bargained for is unsustainable. And this comes at a time when Congress has approved over $1 trillion to be spent in wars in foreign countries. And I could not sit before a committee of Congress and not raise the specter of that, having heard how limited funding is available to keep our country alive, to keep our country moving, to keep our country working, while we squander our resources, our treasure, and our children on foreign wars. Thank you very much for the opportunity to be here today. Mr. Duncan. Thank you very much. Ms. Richardson. Mr. Chairman? Mr. Duncan. Yes? Ms. Richardson. Could I just clarify what is going to be the process for questions? Mr. Duncan. Earlier, we told all the witnesses that we would hold the questions until all the witnesses have had a chance to testify. Ms. Richardson. So they are all going to stay even though they will be changing places? Mr. Duncan. Yes, ma'am. Ms. Richardson. OK. And then could I just ask a clarification, as people say they want flexibility in funding, could they give us a specific example of what do they mean by that, because several---- Mr. Duncan. Sure. Ms. Richardson [continuing]. Are on the table, since we are not going to have an opportunity to interact as they are going through? Mr. Duncan. OK. All right. Thank you very much. The next witness will be Mr. Dale Marsico, the executive director of the Community Transportation Association of America. Mr. Marsico. Good afternoon, Mr. Chairman. And thank you for this opportunity to be here to speak on behalf of the 4,000 members of our association who provide and support mobility across our country. In my written testimony, I have addressed our goals for reauthorization using four important areas that include: the need for improvements in rural transit, the need for new efforts in our urban transit systems, the need to create a national strategy based on connecting communities, and the need to explore new and innovative instruments for investment in public transit. Since SAFETEA-LU was enacted, public and community transportation have created an outstanding record of success in responding to our Nation's mobility needs during one of the most challenging economic periods in our Nation's history. Our progress has been built on the unique and historic partnership for transit investment, where Federal, State, and local communities come together to make our dreams and visions for mobility a reality. Despite our record, our continued progress is threatened by the profound difficulties created by the economic situation that has weakened our traditional partners at the State and local level. Knowing that we face similar challenges at the Federal level, we must explore new ways to help transit during this period of uncertainty. The challenges that all transit providers face can best be met by allowing these operators greater flexibility to meet the needs for continuing services in the communities and for the passengers they serve. In urbanized communities, we believe the use of transit funds must be flexible enough to include emergency operating assistance if necessary, to avoid service cuts and fare increases that reduce access to jobs at the time we need that access as part of any economic recovery. As the committee knows, service cuts have dire consequences for people with disabilities and low-income working families, who use transit as their primary means of mobility. For rural transit, enhanced flexibility is needed to stretch every single State and local dollar in the face of these significant budget challenges. In both cases, we support providing this help, not as a major change to the existing formula programs, but by waivers made possible by economic triggers to help transit through these difficult times. Connecting America to jobs and health care is contributing to the growth of transit and transit demand in every community of every size. Connectivity between communities is essential to meeting these transportation challenges, especially for our growing senior populations who must travel greater and greater distances for health care. To address this challenge, we must begin linking together urban and rural transit today in a cohesive regional and national structure of intercity connections to have the services we need for tomorrow. We think that our Nation's rural transit providers and our colleagues in the intercity bus industry are a cost-effective means of resolving these issues. Like it or not, we live in a time when investments are necessary for us. By new tools, we need to attract new investment, especially from the private sector. And we support your efforts to make the private sector part of that traditional partnership of Federal, State, and local investment that has made our efforts successful. Our testimony includes ideas about this, ranging from tax credits to other kinds of leveraged investments. In closing, let me say that the transportation industry owes much of our success to the vision and work of this subcommittee. Based on that history, we know that you will continue to do all that you can to help us move the Nation forward. So I want to thank you for our opportunity to be here today, and I look forward to answering questions but, more importantly, working with you as we continue the progress we have made in this committee, in this Nation, for transit. Thank you very much, Mr. Chairman. Mr. Duncan. Well, thank you. And, as I earlier stated, we are doing this in a little different way. We are trying to accommodate as many different groups and witnesses as we can, and so we were going to run through all these witnesses and then get to questions at the end. But we have been joined by several different Members here. We have been joined by Ms. Napolitano, also Mr. Farenthold, Mr. Barletta, Mr. LoBiondo, and Mr. Bucshon, Dr. Harris. And if any of you have a brief 2-minute opening statement you would like to make, I will be glad to call on you at this time, if any of you wish to say something. Ms. Napolitano? Mrs. Napolitano. Thank you, Mr. Chair. And thank you for hosting this hearing. I am glad to hear from all the witnesses. We have great issues in our respective districts in regard to transportation funding. The more the delay, the more impact it has on communities, whether it is job creation or infrastructure repair. So it is critical that we continue moving the TEA-LU bill and being able to understand how critical this is to our Nation's economy and to all the transportation issues. So thank you, Mr. Chair. Mr. Duncan. Thank you. Anybody on the Republican side wish to say anything at this point? All right, thank you. Thank you very much. Our next witness will be Mr. Jon Martz, the vice president of government relations for VPSI, Incorporated, on behalf of the Association for Commuter Transportation. Mr. Martz? Mr. Martz. Mr. Chairman, thank you. I want to extend my gratitude to the committee for the opportunity to speak with you this afternoon. ACT is an association dedicated to providing commuters with options by engaging in public-private partnerships to encourage carpooling, vanpooling, telework, and transit use. Our members consist of private-sector employers, transportation agencies, transportation management organizations, and universities from across the country. First, I want to start by thanking you for your commitment to complete a transportation bill this year. Little is more important to our economy than the completion of a 6-year transportation bill. ACT would also like to commend the Chairman for the goals it has laid out in advance of a transportation bill. We are glad to see the committee recognizes that we must get the most out of our system by doing more with less and that we need to leverage funding from as many sources as possible. And these points form the basis of ACT's reauthorization proposal. For the purposes of this hearing, I would like to focus on congestion and a handful of simple policy solutions ACT would like to recommend. According to Inrix, a leading provider of real-time traffic information, a 3 percent drop in vehicle miles traveled resulted in a 30 percent drop in peak period congestion in 2008. Now, a recession is not the way we would like to see demand managed, of course. But the experience shows that a small shift in the number of solo commuters during peak periods can provide a notable reduction in congestion. A survey conducted by Business Week in 2007 found that when commuters were provided with employer-based transportation options such as vanpooling, transit benefits, alternative work hours, and telework, one in five workers chose an option other than a solo commute during rush hour. We believe that the Washington State Commute Trip Reduction Program is an excellent model. This statewide program puts the onus on local transportation agencies to work with regional employers to create, manage, and market commute transportation options. Employers in the region have minimal requirements placed on them, such as posting information, and their participation is broadly voluntary. But through this partnership, the program is responsible for taking 28,000 vehicles off the road each day during peak commuting hours, a reduction of 12,900 hours of delay in the Central Puget Sound region in 2009, and saves $99 million for the region in congestion costs due to lost time and wasted fuel. This program has also leveraged private investment in transportation, as employers voluntarily invested $49.4 million in the Commute Trip Reduction Program--more than $18 for every dollar provided by the State. This is remarkable, considering the State's biennial financial commitment to this program is just $6.3 million. We believe that the Washington State Commute Trip Reduction Program should serve as a model for Federal policy. And, as such, we support legislation introduced by Congressman Sires called ``Commute LESS.'' It is H.R. 260. This legislation would amend the planning process and help regional agencies develop employer-based commute relief programs. The legislation would accomplish this without adding any mandates to employers and does not require any additional revenue. Finally, I would be remiss if I did not mention legislation introduced by Congressmen Rogers of Michigan, Young, and Carnahan, H.R. 596. This legislation would tweak a provision in Title 49, making it easier for public-sector agencies to partner with private providers of public transportation. When gas prices hit $4 a gallon a few years ago, our company's business grew by 37 percent across 40 cities across the U.S., compared to a more traditional public transit growth of 4 percent, which in itself was remarkable. Private providers of public vanpool services like my company, VPSI, and Enterprise stand ready to bear more of the capital investment burden. VPSI already has over $150 million in rolling stock in service, and, with the passage of this legislation, we are willing to do more. It should also be noted that the vehicles used in this service are only produced by American auto manufacturers. We estimate passage of this provision would generate nearly a thousand manufacturing jobs. ACT recognizes the policies we mention here are not a silver bullet and that for many Americans driving alone is the most sensible option. But we believe these suggestions will help provide more options for commuters, will leverage public- private partnerships, and will improve our transportation system in a responsible, efficient, and sensible manner. Thank you for the opportunity, and we will be ready to do questions later on. Mr. Duncan. Thank you very much, Mr. Martz. The next witness will be Mr. Robert McBride, the operator of the Metro Taxi company in Denver, Colorado, testifying on behalf of the Taxicab, Limousine & Paratransit Association. Mr. McBride? Mr. McBride. Good afternoon, Mr. Chairman and members of the committee. As you said, my name is Robert McBride, and I am also the president of the Taxicab, Limousine & Paratransit Association. Our over 1,000 member companies operate over 100,000 passenger vehicles, transport over 2 million passengers each day and over 900 million passengers each year. And, as you said, I am also the owner of Metro Taxi in Denver, Colorado. The following is a summary of five of our major issues we would like you to consider in the next Federal transportation reauthorization bill. Private Operator Rights: We urge you to continue to support all current provisions of the Federal Transit Act pertaining to the rights of private operators to participate to the maximum extent feasible in the planning and provision of public transit services. Private transportation companies, like my taxicab service in Denver, often provide the first and last segments of a passenger trip, whether it is to or from the nearest transit terminal or airport. I am pleased to report to you that, increasingly, our industry is contracting with public transit authorities to provide cost-effective complimentary ADA paratransit services. This partnership between public and private providers needs to be improved and expanded so that, collectively, we can afford to enhance the general public's mobility options. Program Consolidation: We support the consolidation of the Elderly and Disabled Specialized Transit Program, the Job Access and Reverse Commute, and the New Freedom Program into the Coordinated Mobility Initiative while maintaining current law pertaining to each program in regard to the funding eligibility, labor protection, and private operator subrecipient eligibility. The New Freedom Program has been exceptionally valuable for getting wheelchair-accessible vehicles into taxicab fleets. Without this Federal support for these much more costly vehicles, this level of new paratransit taxicab service would not exist today. Distracted-Driver Legislation: We urge the committee to explicitly recognize in the legislation that State or locally licensed commercial drivers providing for-hire passenger transportation services may continue to have access to their dispatch communication service that is necessary for the ordinary conduct of their business, as DOT has already done for federally licensed drivers or commercial motor vehicles. RIDE Act Amendment: We request the committee support modifying the law such that an operator of a transportation terminal who is the recipient of Federal funds may not charge a fee to any provider or prearranged transportation service except for a fee that is charged to the general public or a fee that is determined by a DOT rulemaking for the availability of ancillary facilities at the transportation terminal, such as restrooms or vending machines made available to the drivers. Repeal of Federal Labor Protections: In 1964, Congress enacted Section 13(c), the transit labor protection provision of the Federal Transit Act to maintain employee rights, privileges, and benefits as they existed in the private sector prior to Federal/State assistance and to protect employees against any adverse effects that might result from the initial provision of Federal assistance to public transit. The goal of Congress in enacting Section 13(c), which is now Section 5333(b), was to protect the rights, privileges, and benefits of employees as they existed prior to receipt of Federal funds, not to create a new series of employee rights, privileges, and benefits. These labor protections are no longer needed and intrude into local decisionmaking and collective bargaining. In nearly every other industry where such labor protections existed, they have been eliminated. It is estimated that transit operating costs would be reduced by hundreds of millions of dollars if this provision is repealed. Section 5333(b) is an unfunded mandate that is too intrusive and too expensive to keep on the books. Mr. Chairman, thank you very much, the committee, thank you very much, for letting us present our views today. Mr. Duncan. All right. Thank you very much, Mr. McBride. Our next witness is Ms. Jennifer Dexter, assistant vice president for government relations for the Easter Seals Society. Thank you very much. Ms. Dexter. Thank you, Chairman Duncan and members of the subcommittee. We really appreciate the opportunity to appear before you today. In addition to my role at Easter Seals, I serve as the co- chair of the Consortium for Citizens with Disabilities Transportation Task Force as well as the Senior Transportation Task Force. Easter Seals is very proud of our long history working to increase the mobility of people with disabilities and older adults. For many years, we have operated a federally funded Project ACTION, as well as the National Center on Senior Transportation that we operate in cooperation with the National Association of Area Agencies on Aging, both through cooperative agreements with the Federal Transit Administration. Too often, people with disabilities of all ages lack access to affordable, accessible, and reliable transportation options. The 2010 Harris Poll, funded by the National Organization on Disability, estimated that 34 percent of people with disabilities report having inadequate access to transportation. This is compared to only 16 percent of the general public. Our specific recommendations are covered in depth in my written testimony, but they include: increasing overall funding for transit and population-specific programs, such as 5310, JARC, and New Freedom, and allowing 5310 funds to be used for operating assistance; making sure that there are protections in place to assure that the needs of specific populations and providers are protected in program consolidation efforts; increasing the input, involvement, and DOT monitoring of stakeholder input into all transportation planning processes; creating a dedicated resource to increase access to mobility management services; and continuing and increasing existing targeted technical assistance and education efforts. In the short amount of time I have remaining, I would like to provide you with a very brief example of how a relatively small Federal investment can help increase the ability of someone with a disability or an older adult to live, learn, work, and play in their community. One of the common complaints that people with disabilities and older adults have is that, for some people, the best and often only way to get around during their daily routines if they can no longer drive is a taxi. However, many taxi drivers don't have the awareness that is needed of how to best serve someone with a disability and are either reluctant to pick somebody up or make avoidable mistakes that are detrimental to the rider in some way. This is exactly the kind of issue that Project ACTION likes to address. In response to this issue, we developed a small pocket guide for drivers. It is designed to be kept on the visor with all the other materials that the driver might need. It has simple guidance on good customer service for someone who needs assistance. We developed it in partnership with our friends, the taxi operators, and made it so it met their needs. With this simple guide, we have taken the burden off of the individual driver to be an expert on serving people with disabilities and made it easy for them to get the information they need and increase the mobility of people with disabilities. This piece is available for free through our clearinghouse, and we have shipped out thousands of them. We knew the piece was useful and successful when our CEO heard back from our affiliate in Australia that they had seen the piece in use in taxis over there. For those who want more guidance, it is part of a full- scale Taxi Toolkit that has all sorts of resources available. And it has also been replicated for both transit providers and motorcoach operators. I mention this not only because it is a product we are very proud of, which we are, but because it is a great example of where having resources available to help public-private partnerships develop and find solutions on their own, with all of the stakeholders participating, can pay great dividends. It is a process that has been replicated daily in communities throughout the country for a variety of mobility issues. Addressing our recommendations in the reauthorization will help to assure that resources are available and programs have sufficient flexibility to continue to respond to real people's mobility needs and new approaches can be formulated to meet changing needs. Thank you for your consideration. I look forward to continuing this dialogue. Mr. Duncan. Thank you very much, Ms. Dexter. We have now been joined by three additional Members: Mr. Nadler, Mr. Sires, and Mr. Crawford. Do any of you wish to make any 2-minute statement at this time? All right. Thank you very much. Our next witness is Ms. Barbara Windsor, the president and CEO of Hahn Transportation, Incorporated, testifying on behalf of the American Trucking Associations. And Ms. Richardson pointed out to me that Ms. Windsor is the first woman who has ever been the chairman of the American Trucking Associations. So, certainly, congratulations are in order. And we are pleased to have you with us today. You may begin your testimony. Ms. Windsor. Thank you, Mr. Chairman. Mr. Chairman Duncan, Ranking Member Rahall, and members of the subcommittee, thank you so much for inviting me to testify on behalf of the American Trucking Associations. I am Barbara Windsor, president and CEO of Hahn Transportation, based in New Market, Maryland, and I do serve as the ATA chairman, the first female in 77 years. Mr. Chairman, a safe and efficient system of highways is essential to our country's economic well-being, security, and overall quality of life. Your predecessors recognized this reality by creating the Interstate Highway System, which has served our country well. Every day, freight flows through our ports, across our borders, and on our rail, highway, air, and water systems as part of a global, multimodal transportation logistics system. Highways are the key to this system. Trucks move 70 percent of our Nation's freight tonnage and earn 82 percent of freight revenue. Unfortunately, our current highway system no longer meets our needs. In 2009, drivers in metropolitan areas wasted 4.8 billion hours sitting in traffic and burning 3.9 billion gallons of excess fuel at a cost of $115 billion. The cost to the trucking industry was $33 billion. Mr. Chairman, incremental solutions will not allow us to meet the Nation's current and future transportation requirements. While we know that Congress is not receptive to a fuel tax increase, we would like the record to reflect that the trucking industry is willing to accept a fuel tax increase to help fund infrastructure. Tolls on existing non-tolled Interstate Highways are not the answer. Tolls are a very inefficient means of revenue collection, and they cause diversion of traffic to alternate routes which are usually less safe. In addition to more revenue, the Federal surface transportation program must be fundamentally reformed to maximize available resources. ATA supports a consolidated highway program with eligibility limited to the National Highway System and other highways with significant passenger and freight traffic. Funding should also be dedicated toward addressing critical bottlenecks on heavily traveled freight corridors. Furthermore, programs with eligibilities which are clearly not in the national interest must be eliminated or paid for by other sources. In addition, ATA supports a moratorium on highway earmarks. Project selection must be based on sound economic analysis. We also need to cut government red tape and streamline the project delivery process by reforming rules that extend the timeline for project delivery by 7 to 10 years. Mr. Chairman, we can also more effectively utilize our highways through the use of more productive trucks. A new Federal-State partnership is necessary to promote truck size and weight reforms that improve safety, lower freight costs, reduce emissions, and protect public investment in our highway infrastructure. Now, turning to safety, the trucking industry is the safest it has ever been and continues to get even safer. However, we believe that we can do better if we recognize that truck safety is about more than just regulation; it is about understanding the factors that increase crash risk and behaviors and events that cause crashes. Future FMCSA rules and programs will only succeed to the degree that they truly address crash risk and causation. The most innovative and effective future oversight programs will be those which provide carriers with the tools to support carrier-based safety improvements. Our written statement includes recommendations addressing fatigue, a drug and alcohol clearinghouse, speed, and, perhaps most importantly, active safety technologies that lower risk and prevent crashes. We also have included several hazardous materials program recommendations for the committee's consideration. Mr. Chairman, thank you for the opportunity to offer our views on how, collectively, we can improve truck and highway mobility and safety. Mr. Duncan. Well, good job. Thank you very much, Ms. Windsor. And next we are honored to have Mr. Kristopher Kane, a truck driver for Quality Carriers, who is testifying on behalf of the Owner-Operator Independent Drivers Association. Mr. Kane. Thank you. And I want to clarify that I am not here representing Quality Carriers; I am here representing OOIDA. My name, once again, is Kristopher Kane. I am involved in the trucking industry now for 25 years, as both an owner- operator as well as a company driver. OOIDA represents the interest of small-business trucking professionals and professional truck drivers. I will keep my comments brief and sum up our written testimony. In short, truckers are one of the largest contributors to the Highway Trust Fund of our Nation's highway system. Every time we fuel, buy new trucks, trailers, tires, and write a check out for the annual highway heavy-vehicle usage tax, we contribute to that fund. In fact, while heavy- duty trucks only account for 7 percent of our highway's traffic, OOIDA members and other truck companies contribute more than 36 percent of the money going into the Highway Trust Fund each year. Despite this investment, we continue to see efforts to divert the trust fund dollars away from highways and toward other programs that have little or no connection to improving the flow of interstate commerce. The next highway bill represents an opportunity to halt those diversions and refocus the trust fund investments toward their original purpose: highways. We are willing to entertain a variety of funding mechanisms to replenish the Highway Trust Fund, providing that those funds are used to maintain our highway infrastructure as well as make the improvements on our Nation's roads and bridges. As far as improving other programs, we believe the safest trucks on the road are those driven by well-trained, experienced drivers who have the ability to travel at the same rate of speed and traffic flow. In addition, OOIDA does not support any mandates which unfairly burden truckers and compromise their privacy, such as on-board electronic recorders, or EOBRs. Furthermore, OOIDA believes the most pervasive problem in the trucking industry's impact on drivers' efficiency is excessive detention time. That is long, unpredictable, and often uncompensated time that truck drivers spend on the dock waiting to be loaded and unloaded. Detention time is more than just a mere inconvenience problem for the truckers. We deal with it on a daily basis, and it costs society an estimated $6.5 billion a year. I personally have been subjected to this detention time throughout my career. One example was one time I was hauling frozen turkeys from Pennsylvania to New Jersey. I arrived at the warehouse for a scheduled appointment on a Wednesday only to find out there was a computer glitch and I had to wait until Friday evening to unload the trailer. I sat there for 3 days and 2 nights. Because of the warehouse mistake, I wasted time, fuel, and the opportunity to be with my family. I was not compensated for their mistake. The mistake did not cost the warehouse anything. In fact, it worked to their benefit because we were able to keep their product on my refrigerated trailer until they were ready to receive it. Unfortunately, this example is not an uncommon experience for truck drivers, who are regularly detained by shippers in receivement for hours and even days at a time, essentially because the driver's time is not accounted for in the supply chain. Congress has an opportunity to address this issue. I would like to thank Congressman DeFazio for introducing this bill on this issue. Thank you. Mr. Duncan. All right. Thank you very much, Mr. Kane. Our next witness is Mr. LaMont Byrd, the director of the Safety and Health Department for the International Brotherhood of Teamsters. Mr. Byrd? Mr. Byrd. Mr. Chairman, Ranking Member, and members of the subcommittee, thank you for the opportunity to appear here today to convey our views on issues that we feel will improve our surface transportation programs, especially those related to motor carrier safety. While time permits me to discuss only a few of our issues, our written testimony provides a more comprehensive overview. The International Brotherhood of Teamsters represents approximately 600,000 commercial drivers who are among the safest and most experienced drivers on our Nation's roads. Truck drivers deserve to have a workplace, our Nation's roads, that is as safe as any factory floor. Unfortunately, that is just not the case. While there appears to be a downward trend in fatalities and injuries involving large trucks during the last few years, it is difficult to determine the exact reasons for these reductions. Certainly, increased roadside inspections, compliance reviews, and enforcement activities and initiatives by the Federal Motor Carrier Safety Administration played a role, but external factors like the recession and the likelihood that there has been a significant reduction in vehicle miles traveled also contributed. Nevertheless, 3,380 fatalities and crashes involving large trucks in 2009 is just unacceptable. Many trucks operated by teamster members are equipped with speed limiters, and our drivers report no significant problems or safety hazardous as a result of using these devices. Based on our experience, the teamsters could support the use of speed-limiting devices industrywide, provided that these devices allow trucks to attain sufficient speeds to safely merge on to highways, pass slow-moving vehicles, and maintain a safe speed while traveling uphill. While the Federal Motor Carrier Safety Administration issued a final rule that requires the use of electronic onboard recorders for motor carriers that have had a history of serious noncompliance with the hours-of-service rule, there have been several legislative proposals introduced that will require the use of EOBRs in all interstate commercial motor vehicles. The teamsters union believes that EOBR technology may be useful in helping to enforce compliance with the hours-of- service regulation, but it does not guarantee compliance with the rule. Drivers will still have to manually input data concerning time spent on duty not driving; thus, cheaters will still have the opportunity to cheat. We also think that EOBRs must be tamperproof and have the capability to accurately identify drivers who are operating a specific piece of equipment. We strongly recommend that, as legislation moves forward mandating the use of EOBRs, that they be used only for compliance for hours of service and not to monitor the productivity of drivers. The teamsters union has a long history of being proactive in deterring the abuse of drugs and alcohol in the trucking industry. For well over 2 decades, the union has negotiated drug and alcohol testing programs with many of our employers in the trucking industry. That said, we are aware of several legislative proposals calling for a national clearinghouse for drug and alcohol testing records. While we have significant concerns about the creation of a clearinghouse with respect to driver privacy issues, we would prefer a national clearinghouse operated by the Federal Government rather than a database where information is collected on a State-by-State basis and managed by the States. The clearinghouse must be able to: one, protect the driver's confidentiality; two, provide a reasonable mechanism for drivers to learn of and correct reporting errors; and, three, create a uniform and fair method for expunging the records of drivers who have been successfully rehabbed. In closing, none of this safety agenda can be accomplished without dedicated resources. The prospect of looming budget cuts with no real increase in the revenue stream may put the United States even further behind other nations in developing a transportation system that allows us to compete in a global market. Thank you. And I will remain available for any questions that you may have. Mr. Duncan. Thank you very much, Mr. Byrd. Our next witness is Mr. Dave Leach, president and CEO of Greyhound Bus Lines, Incorporated. Mr. Leach? Mr. Leach. Chairman Duncan and members of the subcommittee, I am pleased to present Greyhound's views on the vital role intercity buses can play in bringing cost-effective improvements to the Nation's surface transportation programs. Intercity buses are the most energy-efficient, environmentally clean, cost-effective, and flexible passenger transportation mode, yet they are largely off the grid when it comes to Federal, State, and local planning. It is a rare day when intercity buses are integrated into transportation planning in a meaningful way, and far less than 1 percent of Federal public and intercity transportation funding goes to intercity buses. Here are six steps we recommend that the subcommittee take to enable intercity buses to help meet its objectives of better utilization of underutilized assets, doing more with less, streamlining delivery, and developing public-private partnerships. Number one, give States more flexibility in implementing the Section 5311(f) intercity bus program by making the FTA's private match pilot program permanent. By allowing States to use all of a private operator's unsubsidized costs as a private match and by letting States use the match for any Section 5311 project, in the pilot program's 3 years, States have been able to provide new intercity service to 240 communities nationwide without a dime of extra Federal expense. Number two, assuming there is going to be an intercity component to reauthorization, give States the flexibility to provide capital for the development of intercity bus networks. These can provide attractive alternatives to the private auto at a tiny fraction of the capital costs of intercity rail and with no subsidized operating costs. Services like Greyhound's Bolt Bus and Greyhound's Express have demonstrated the popularity of bus services. The industry's problem is a lack of capital for new equipment. In the last 12 years, the annual number of motorcoaches in our industry has fallen by 65 percent. Number three, continue the Over-the-Road Bus Accessibility Program to help Greyhound and others to meet the continuing Federal mandate for a wheelchair lift on every fixed-route bus it acquires. This mandate adds almost 10 percent to the cost of a new bus. Without this program, Greyhound will have to reduce its bus purchases by 10 percent. A reduction in fleet will mean less or no service on routes with low ridership. Number four, integrate intercity buses into Federal, State, and local planning so that their transportation and environmental benefits are fully utilized. Number five, ensure that local and State officials treat privately operated intercity buses the same as public transit buses with regard to access to and charges paid for federally funded HOV and HOT lanes and tolled facilities. And last but not least, provide incentives for intermodal projects including intercity buses and make those projects easier to plan, fund, and implement. Greyhound believes that these steps will enable privately operated intercity buses to play a substantial role in creating an improved and more cost-effective surface transportation system. Thank you. Mr. Duncan. Thank you very much, Mr. Leach. The next witness is Mr. Peter Pantuso, president and CEO of the American Bus Association. Mr. Pantuso? Mr. Pantuso. Thank you, Mr. Chairman. ABA is the trade association for the private motorcoach over-the-road industry as well as for the tour and travel industry, all of whom have a deep interest in transportation reauthorization. Our motorcoach members represent nearly 60 percent of all motorcoaches on the road today and provide a variety of expanding transportation services to more than 760 million passengers annually. The private motorcoach industry, which operates with virtually no subsidy, is looking less for funding than it is for opportunities--opportunities to access existing programs and existing funding sources. A full presentation of our reauthorization proposals is appended to my testimony. Our first proposal is that the private bus industry be fully involved in the planning process. A letter that was recently sent by our vice chairman cites an example in Allentown, Pennsylvania. And it reads, ``The city of Allentown Parking Authority planned and built the Allentown Transportation Center, an intermodal facility. Then it asked our company and other bus operators to move into it only after it was built. However, it was in the wrong location, without accommodations needed for intercity regular route service operations and for our passengers. We have seen this happen repeatedly and believe the consultation requirement that currently exists for these projects should be enforced.'' We also suggest that a staff position in the Office of the Secretary be created that provides support to and reduces obstacles for private bus transportation service and all private providers. The conversation about public-private partnerships, to date, has focused mostly on construction. We believe that should be expanded so that the dialogue also includes passenger transportation. Our second proposal is to reverse the trend of rural communities losing their intercity bus service by continuing the rural intercity program that Mr. Leach mentioned, the 5311(f) program, and the private match pilot program. Third, ABA proposes an Essential Bus Service. The current Essential Air Service program is continually shrinking, yet its costs continue to expand. Congress should require the U.S. Department of Transportation to fund a pilot Essential Bus Service program that also gives operators meaningful access to existing hub airports and ground transportation facilities. Our fourth proposal is the continuation of the ADA grant program providing wheelchair-lift assistance to comply with the 1998 requirements for intercity coaches. Grants available under the SAFETEA-LU for ADA compliance have been less than one- fourth of the total cost, which, estimated by the Transportation Research Board, exceeds $40 million annually. And, finally, there is a need for capital to revitalize the industry. Due in part to continuing Federal mandates, the average purchase price of a coach has increased from $340,000 in 2000 to $500,000 today. New safety mandates coming from Congress and from NHTSA will easily increase the cost another $60,000 to $75,000 per coach. Increased costs have driven up the average age of the fleet by nearly 40 percent. And if that continues, we will see a greater loss of these small businesses, our domestic motorcoach manufacturing base, local tourism dollars, and we will see increased congestion as people move from buses to cars. Financial assistance could come through a combination of tax credits, grants, low-interest loans, access to TIFIA funds, and capital under the infrastructure bank. Mr. Chairman, members of this committee, ABA believes our proposals are workable, reasonable, and necessary to ensure that our transportation system continues to serve our 760 million passengers annually. Thank you. Mr. Duncan. We are always honored to be joined by the former Chairman of the full committee, the gentleman from Alaska, Mr. Young. Do you have my statements you wish to make at this time? Mr. Young. No. Thank you, Mr. Chairman, for asking, but let us hear the witnesses, and I may have a couple questions later on. Mr. Duncan. Thanks very much. Our next witness is Captain Steve Dowling of the California Highway Patrol on behalf of the Commercial Vehicle Safety Alliance. Captain Dowling. Mr. Dowling. Thank you. Chairman Duncan, Ranking Member Richardson, and members of the subcommittee, I am Steve Dowling. I am president of the Commercial Vehicle Safety Alliance, and I appreciate the privilege of addressing you this afternoon. CVSA is an organization of State and provincial officials that are responsible for the administration and enforcement of commercial motor vehicle safety laws for the United States and Mexico. Our written statement addresses six issues that we submitted, and those include carrier exemptions to the regulations, investment in safety technologies, and registration credentialing and data integrity. But today I would like to address three of the other topics that were submitted, and the first is the Motor Carrier Safety Grant Program. The core State safety grant program is the Motor Carrier Safety Assistance Program, and since its inception, this program has maintained the same general structure while the approach to enforcement has evolved. CVSA believes that each of the current grant programs contributes to the mission of reducing truck and bus fatalities and collisions, but we also believe that there is a better way to align these programs to allow the States more flexibility in allocating grant moneys to achieve the desired results. CVSA supports the designation of three umbrella grants identified in FMCSA's fiscal year 2012 budget proposal. We particularly like the idea of the Compliant Safety and Accountability, or CSA, umbrella grant as it allows data to be used for targeted enforcement of motor carriers that have serious safety issues. However, CSA and its implementation has greatly increased data challenges that must be adjudicated by the States. And therefore, when this committee looks at the level of funding, we would request that this issue be taken into consideration. With respect to the maintenance of effort, or MOE, requirements in the MCSAP, the current method of shifting the time period for which MOE formula is based has become a serious burden for the States. CVSA recommends the MOE formula be tied to a stationary period, specifically the three fiscal periods preceding the enactment of the Motor Carrier Safety Improvement Act of 1999, and then indexed for inflation. As evidenced by FMCSA's intervention model results, there is a direct correlation between enforcement and safety. Therefore, we urge the committee to, at a minimum, sustain funding of State programs at current authorization levels. Next I would like to discuss bus safety. DOT is making reasonable progress, but more needs to be done. One specific step would be to restore the States' ability to conduct en-route bus inspections. Restrictions in the current authorization prohibit en-route bus inspections except in the case of imminent hazard. The same legislation encourages roadside inspection for vehicles carrying freight. CVSA believes this contradiction must be corrected by placing a priority on passenger transportation and lifting the en-route inspection prohibition on buses. Advancement in crashworthiness and passenger protection systems need to be accelerated into the market. Proven solutions do not need further studies, and seatbelts should be mandatory. My final topic is truck size and weight. We realize there is an interest in improving truck productivity, and CVSA believes the first step in this process is to conduct a comprehensive truck size and weight study, and safety must be in the forefront of all discussions and analysis. Specifically, performance testing of various vehicle configurations should be conducted to ensure increasing productivity does not come at the expense of safety and bridge and highway infrastructure protection. Thank you very much for the opportunity to share our recommendations to further improve highway safety. Mr. Duncan. Thank you very much. I am so pleased that all of the witnesses thus far have said a lot in a short amount of time, and we are moving this hearing along much better than I expected. Our next witness is Mr. Vernon Betkey, the director of the Maryland Highway Safety Office, testifying on behalf of the Governors Highway Safety Association. Mr. Betkey. Thank you, Mr. Chairman and members of the committee, for this opportunity to testify today. The members of the Governors Highway Safety Association are responsible for administering the State highway safety behavioral programs, and they do this with one formula grant program, seven incentive grant programs, and two penalty transfer programs. In the past these programs have been authorized in a piecemeal fashion without an overall National Strategic Highway Safety Plan with national goals. The association, along with many of its highway safety partners, is developing a national plan. The vision for this plan is zero motor vehicle fatalities, with an interim goal of halving fatalities by 2030. GHSA recommends that the vision and the goal be incorporated into the next authorization and encourages the States to work toward this goal in their Strategic Highway Safety Plans. The association recommends a streamlined approach to the behavioral highway safety funds. We support a single behavioral safety program, excluding the data program, with earmarks for impaired driving, occupant protection and motorcycle safety. The association strongly recommends a single application and a single application deadline, with all funds allocated by October 1. This would make for a more efficient planning process in the States. GHSA worked with the National Highway Traffic Safety Administration to identify a set of 15 performance measures that States are using right now in their highway safety plans and programs. The GHSA supports this performance-based approach for behavioral funds and recommends that the reauthorization legislation focus on the most important measures, which is total fatalities, fatality rates, total serious injuries, and using that on a 5-year moving average. In addition, we would recommend a more standardized definition for ``serious injuries.'' The collection and analysis of data is extremely important to State planning and evaluation, and GHSA recommends an increase in the Section 408 Data Improvement Program. The association supports the requirements for States to develop a Strategic Highway Safety Plan under Section 148 Highway Safety Improvement Program. The process has helped our members strengthen the relationships with other partners in their States and also in local agencies involved in highway safety, and with a more focus on limited resources. GHSA recommends updates to the SHSP at least once between authorizations. When it comes to the carrot and the stick, the association fully supports the carrot approach and adamantly opposes new sanctions, as States already are sanctioned for failure to enact seven different highway safety laws, and the States are making a lot of progress in some of the other areas such as high BAC laws, texting laws, graduated driver's license laws. And we discourage taking away the Federal funds that could possibly create more jobs. In summary, GHSA recommends the consolidated and streamlining of the grant process, a National Strategic Highway Safety Plan, and a continuation of the State strategic highway safety planning requirements, more emphasis on performance- based planning, a greater emphasis in data collection and analysis, and no sanctions. Thank you for the opportunity to testify today, and we will be available for questions. Mr. Duncan. Thank you very much, Mr. Betkey. Our next witness is Ms. Judith Lee Stone, president of the Advocates for Highway and Auto Safety. Ms. Stone. Ms. Stone. Good afternoon, Mr. Chairman and members of the subcommittee. Thank you for inviting me to testify today. Last year, Advocates for Highway and Auto Safety celebrated its 20th anniversary. As we have done in the past 2 decades, we want to make sure that the transportation reauthorization bill enacted in Congress this year has a strong safety component. SAFETEA-LU, enacted in 2005, has resulted in the largest surface transportation and infrastructure investment in our Nation's history. Yet during just this authorization timeframe, over 200,000 people will have been killed on our roads and highways and more than 10 million injured, at an economic cost to society of well over $1 trillion. Let me briefly recommend some key areas where there are tremendous opportunities for safety. Without adoption of the safety provisions, the next 5 years will likely result in another 200,000 people dying on our highways and millions more injured at a numbing human and economic cost. We can't let this happen, and we don't have to let this happen. One of the most significant obstacles in reducing highway deaths and injuries is the lack of uniform traffic safety laws among States. Included in my statement are several maps showing that too many States lack some of the most fundamental safety laws. This is where Federal leadership is crucial. In the past 20 years, when Congress reinforced the need for States to pass life-saving laws by invoking sanctions, States promptly acted. This has been successful in achieving uniform State adoption of a national 21 drinking age, minimum standards for licensing commercial drivers, a zero tolerance law to combat underage drinking and driving, and a .08 BAC law. It is important to note that every time Congress used a sanction, every State adopted the law. Not one State lost a single dollar of Federal highway funds, and many thousands of lives have been saved. It is even more important to realize, especially in these days, that highway safety sanctions do not cost any money to implement. States pass the laws, sanctions are not applied, and everyone walks away a winner. It is time for Congress to use this approach to encourage State action on several essential and life-saving laws. Every State needs a strong and comprehensive teen driving law. Motor vehicle crashes remain the leading cause of death for teenagers in every State. Since 2003, more than 53,000 deaths occurred in motor vehicle crashes involving young drivers. There is a patchwork quilt of teen driving laws across the country that jeopardizes the safety of our children. It makes no sense to allow a system where teens in some States are better protected than in others. Advocates support the Safe Teen and Uniform Driver Protection, or STANDUP, Act, setting minimum standards for State teen driving laws. The requirements in the bill are based on recommendations by the NTSB, the American Academy of Pediatrics, safety experts, and extensive research and studies. Any doubts about public support for getting these laws on the books in every State are put to rest by recent scientific surveys saying that in large percentages parents want licensing rules that go beyond the STANDUP Act, and 74 percent of teens themselves approve of a single comprehensive law that incorporates the key elements of improved teen driving laws. Every State needs a primary enforcement seatbelt law. Last year about half of those killed in crashes were unbelted. In SAFETEA-LU, Congress provided $500 million in incentive grant funds to encourage State adoption of more effective belt laws. Only 10 States acted these past 5 years. In fact, in 2010, only one State adopted a primary enforcement seatbelt law, and 19 States still need it. Every State needs an ignition interlock law to curb drunk driving, and this is an important measure to get tougher on drunk driving, and these devices keep impaired drivers off the road, including first-time offenders. Every State needs to be ban texting while driving. In 2009, there were an estimated 5,474 fatalities and nearly half a million injuries and crashes where driver distraction was a factor. Adoption of these laws for all drivers sends a message to the public that text messaging while driving is unsafe and illegal. Every State needs an all-rider motorcycle helmet law. Motorcycling deaths have doubled in recent years. In 2009, over 4,000 motorcyclists were killed and 90,000 were injured. Before 2009, motorcycle fatalities increased every year for more than a decade. Research conclusively and convincingly shows that all-rider helmet laws save lives, prevent disabling brain injuries and reduce medical costs, but currently only 20 States and DC require all motorcyclists to use a helmet, and these laws are under attack. Last year more laws were introduced in State legislatures to repeal all-rider helmet laws rather than to enact them. And finally, we need to stop increases in truck sizes and weights. In the decade from 2000 to 2009, an average of over 4,000 people died in truck crashes each year, and more than 1.1 million suffered costly injuries. Oversized, overweight trucks are dangerous and destructive. As trucks get bigger and heavier, they have longer stopping distances, they are more difficult to maneuver in the traffic stream, they have an increased risk of rollover, and they destroy roads and bridges. Unfortunately, trucking and shipping interests are already prodding Congress to increase Federal truck size and weight laws, to relax the 1991 freeze on large double and triple trailer trucks, to set up pilot programs and give special weight exemptions and options to States. It is time to stop this deadly race, and we are in support of enacting the Safe Highways and Infrastructure Preservation Act. I just want to close by saying that the quality of life for all Americans depends on a safe and reliable, economical and environmentally sound surface transportation system. There are no acceptable excuses for putting the brakes on adopting proven safety measures that will significantly reduce our Nation's death and injury toll and health care costs as well. Thank you. Mr. Duncan. Very good suggestions, Ms. Stone, particularly on the texting while driving. I don't know, it is awfully hard to stop, I suppose, but certainly people shouldn't be doing that. Our next witness is Ms. Jan Withers, a member of the national board of directors of the Mothers Against Drunk Driving, and is here to testify on their behalf. Ms. Withers. Ms. Withers. Thank you, Chairman Duncan and Ranking Member Richardson, for allowing me the opportunity to speak on behalf of Mothers Against Drunk Driving. Drunk driving continues to be the leading cause of death on our Nation's roads. In 2009, 10,839 people were killed in drunk driving crashes. As a Nation, we should find these numbers inexcusable. The statistics we hear are not just numbers to me. My 15- year-old daughter Alisa was killed by a drunk driver. She was my child, not a number. And she is why I am here representing MADD today.in 2006, following research and strategies proven to work, MADD announced its Campaign to Eliminate Drunk Driving, which, first, supports more resources for high-visibility law enforcement; second, requires all convicted drunk drivers to install an ignition interlock device; and lastly, turns cars into the cure through the development of advanced in-vehicle technology. An ignition interlock is a breath-test device linked to the vehicle's ignition system. The interlock allows a DUI offender to continue to drive wherever they need to go. They just can't drive drunk. The research on interlocks is crystal clear. Since New Mexico and Arizona have implemented all offender interlock laws, DUI fatalities in those States have been reduced by over 30 and 40 percent respectively. But MADD is now hitting roadblocks from the alcohol industry and DUI defense attorneys as we try to pass this law in State legislatures. In my own home State of Maryland, we have one particular DUI defense attorney who chairs the Judiciary Committee, where for the last 3 years he has refused to hold a vote on meaningful ignition interlock legislation. I have submitted a Washington Post editorial on the subject for the record. We need this committee's help to work to find ways in the reauthorization bill to increase the number of DUI offenders required to use the ignition interlock device. While interlocks are currently the most proven technology available to stop drunk driving, a program is under way to provide an advanced in-vehicle option for consumers, which could potentially eliminate drunk driving. The Driver Alcohol Detection System for Safety, or DADSS, is a result of a research agreement between NHTSA and many of the world's leading auto manufacturers. The purpose of this project is to research, develop and demonstrate noninvasive in- vehicle alcohol detection technologies that can very quickly and accurately measure the driver's blood alcohol content. If a driver's BAC is at or about the illegal limit of .08, the car will not start. The Insurance Institute for Highway Safety estimates that over 8,000 lives could be saved if the technology is widely deployed in the U.S. MADD asks this committee to authorize $10 million per year to continue the existing DADSS research program. It is our hope that one day consumers will be able to purchase this technology as an option for their car. Turning to the grant programs, it is critical that dollars are spent on programs that work. SAFETEA-LU traffic safety grants represent the majority of funds that States spend on drunk driving prevention. You will note in my testimony submitted for the record that MADD is offering more specific recommendations regarding performance measures and accountability. With this committee's leadership, we will eliminate drunk driving. MADD asks the committee to consider ways to make ignition interlocks an important part of the next reauthorization bill. We ask for the Congress to turn cars into the cure for drunk driving by passing the ROADS SAFE Act. And by revamping highway safety grants programs, changes can be made to ensure States receive critical funding and spend it on activities that will save the most lives and prevent the most injuries. Thank you for your leadership and having this hearing. Mr. Duncan. Thank you very much, Ms. Withers. Certainly the worst thing that can happen to anyone is to outlive a child, and certainly you have the sympathy of all of the Members in that regard. I am told by staff that just last night you were elected as the new incoming chairman or president of the Mothers Against Drunk Driving, so congratulations, and we wish you the best in that work, very important work. Our next witness is Mr. Robert Letourneau of the New Hampshire Motorcycle Education, a New Hampshire motorcycle education specialist, who is here to testify on behalf of the Motorcycle Riders Foundation. Mr. Letourneau. Mr. Letourneau. Thank you, Mr. Duncan, and Ms. Richardson and members of the transit subcommittee. Thank you for inviting me today to testify on behalf of American motorcyclists. My name is Robert Letourneau, and I am here representing the Motorcycle Riders Foundation, which is a coalition of State motorcycle rights organizations and individual members representing 275,000 motorcyclists. I have served on the New Hampshire House Transportation for 8 years and chairman of the New Hampshire Senate Transportation for three terms. Currently I am serving as a motorcycle rider education specialist for the New Hampshire Department of Safety, and additionally, I have been a motorcyclist myself for 34 years. I appreciate the opportunity to provide your subcommittee with some thoughts the MRF has on highway safety programs administrated by the National Highway Traffic Safety Administration. The members of the MRF are appreciative that SAFETEA-LU legislation section 2010 provided $25 million specifically for motorcycle safety rider education and motorist awareness of motorcycles. That program has reached 48 States and has been extended for 2 years. Funding shortfalls for motorcycle safety are present across the country. During this time of economic challenge and budget shortfalls, many Governors are raiding the dedicated safety funds generated by licensing fees from motorcyclists to pay for nontransportation programs. When States are running a deficit, they turn to the motorcycle programs as a piggy bank. We pray that the next reauthorization will not only keep the Federal motorcycle safety grant program as a priority, but will also keep in place the safeguards that protect those funds from being used for any other purpose. Many nonprofit State motorcycle rights organizations have implemented ``share the road'' programs and impaired riding reduction programs with private funding sources. These 2010 funds could be made available to the nonprofit world to help them continue these life-saving endeavors. It is important to note that, due in large part of this program, motorcycle fatalities dropped for the first time in 11 years during the 2008-2009 time period. The decrease in fatalities from 2008 and 2009 was by 10 percent. That same report stated that an explosion of motorcycle sales, from 356,000 in 1997 to 1.1 million today, is crippling the rider education programs across the country. Twenty-nine States have capacity problems and often have waiting times for training for over 12 weeks. This is another reason why Congress needs to invest more money in motorcycle rider education via the 2010 funds. We ask that Congress continue this process set in the SAFETEA-LU legislation. Consider this: That under SAFETEA-LU law the Federal Government spends $1 per motorcyclist per year, and ask yourself if you think that is enough. Lastly, as a personal observation from myself, who actually sees how these grants positively impact the rider training program in my State of New Hampshire, I can say categorically that without these grants, it would not have been possible to expand our program that will reach many more riders, and the outcome will be lives saved because of proper training. One area of concern that we are working on right now is--to expand is the returning rider, the baby boomers, if you will. Our data shows an increase in fatal crashes in this area, and we are looking to create a new curriculum to address this issue. With the regard of value for the rider education, consider this example: During the first 10 years of our motorcycle education program, having trained over 23,000 riders, only 1 of those riders was involved in a fatality, and we believe that that rider had a medical event. Education is the key to successfully reducing motorcycle fatalities. Our experience is proof positive. On behalf of the MRF and the American motorcyclists, I thank you for this opportunity to present our concerns and views as you consider safety issues and development of a new highway program. And I will also stay to answer questions after the hearing. Thank you. Mr. Duncan. Well, thank you very much, Mr. Letourneau. That is a fascinating statistic that 23,000 riders were trained, and only 1 of those has been involved or has been killed. That is amazing. That is great. Our next witness is Mr. Mortimer L. Downey III, senior adviser of Parsons Brinckerhoff, who is here to testify on behalf of the Coalition for America's Gateways and Trade Corridors. I am going to turn the chair over to the Vice Chairman of the subcommittee Mr. Hanna, who will preside from here on. And I will be here a few minutes more, but I have some other meetings. Mr. Downey, you may begin. Mr. Downey. Thank you, Mr. Chairman, Ms. Richardson. It is my privilege to be here to talk about the issue of goods movement, which is the concern of our coalition. We think this is a real opportunity as you are drafting the new legislation to not only fulfill constitutional requirements with respect to interstate commerce, but to make significant investments that will pay off to the economy through the efficient, safe movement of goods. Our longer statement identifies a number of positions that we believe would be useful in legislation, but let me just touch on three key points. First, we think you should create a new U.S. Department of Transportation Office of Multimodal Freight. Such an office could really be the focal point within the Department on an unbiased basis to develop the data, the policies, and the strategies that are really needed to tune up our freight system and make it an efficient part of the economy. Second, we believe that in addition to freight-friendly positions throughout all elements of the bill, that there should be a dedicated freight program to make investments that are national in scope and nature, that can be very beneficial to the operation of the system, that should be selected on an objective and merit-based set of criteria, and that can be developed in a partnership with the private sector. Those are the kinds of projects that have been done in the past. There have been some real success stories, the Alameda Corridor in California being one of them. But there are many other such opportunities, and we should provide the basis by which those can be moved forward. Finally, I believe there should be in the bill and on the freight side a real opportunity for partnership with the private sector. There are private operators throughout the system; the truckers, the railroads, the barge operators. There are private beneficiaries in the movement of freight. They are looking for bottom-line improvements to their businesses. We have even heard today that some of them are willing to pay to see those bottom-line improvements be put into place. They are willing to be participants in the financing of projects, but they like to be part of the process in identifying the system that works and identifying the projects that make sense. To achieve that, there needs to be an ongoing dialogue with these private-sector companies on how the program works, on how the system is developing, and we believe there should be a private-sector freight advisory committee for the Department of Transportation to provide input on their strategic planning, to help in the criteria for project selection, but primarily to be a forum on how we make the system work better and how we create the data that will be needed to make good decisions within that system. So we look forward to working with you on the committee as legislation is drafted, and certainly we will be here to answer any questions this afternoon. But we will be ready to work with you throughout the year on this very important effort. Mr. Hanna. [presiding.] Thank you very much. Our next witness, Mr. Kirk Nagle, CEO and president of the American Association of Port Authorities. You are recognized, sir. Mr. Nagle. Thank you, Mr. Chairman and Ranking Member Richardson, for the opportunity to testify before your subcommittee this afternoon. The American Association of Port Authorities, representing our U.S. public port agencies, has submitted a number of policy recommendations for reauthorization with our written testimony. I would like to touch on just several of those issues of particular importance to ports in my oral testimony this afternoon. In these challenging Federal budget times, it is particularly important to focus and prioritize on core Federal missions and which have a sizable impact on our economy, employment, and our international competitiveness. Transportation infrastructure, particularly that connecting the U.S. to the world, has consistently been identified as strongly in the Federal interests since our Nation's founding. This infrastructure is even more important than ever with over 25 percent of our Nation's gross domestic product accounted for by international trade. America's ports are doing their share. They are investing over $2 billion a year in their infrastructure to accommodate increases in trade. However, the constraints and bottlenecks are often on the connections to our ports on both the land and the water side. AAPA believes that it is important in this reauthorization to elevate freight transportation, including the connections into and out of intermodal facilities like ports, to a higher level of focus and priority. Among our specific recommendations: to reform and consolidate the over 100 existing programs, Mr. Chairman, that you mentioned in your opening remarks with one of those consolidated programs focusing on freight transportation; as well as the multimodal freight office that Mr. Downey referenced in his testimony for CAGTC. We think it is very important to implement a national freight policy with funding targeted at both the Federal and State levels to freight, including projects in corridors of regional and national significance. These multistate projects now are difficult to advance when much of the cost may be in one State and/or in multistate or multijurisdictions, but the benefits are widely disbursed both regionally and ultimately nationally. We also think it is vital that the intermodal connections into and out of ports, the so-called last, or, we think, more appropriately, first mile, are absolutely critical links. And this is often where we see bottlenecks when goods are either moving to or away from our America's ports. A Federal Highway Administration study found these intermodal connectors to be in worse condition and received less funding than their other counterparts in the National Highway System. Currently it is difficult for these projects to compete in the local planning process, which is most often focused more on moving people, automobiles, rather than freight. But these are absolutely vital to our economy, they are vital to employment, and they are vital to our international competitiveness. In addition, AAPA urges that in reauthorization there be an authorization for a National Infrastructure Investments style program, as there is no other general funding source right now for port infrastructure. And we believe that there should be incentives to encourage more short sea shipping and marine highway-type utilization to better utilize our Nation's water assets. We have the benefit of being a maritime Nation and having water essentially on all four of our coasts, including the Great Lakes, and we think we should look and incentivize ways of better utilizing that to lessen the pressure on our highway system. Finally, we endorsed the other notion that you mentioned in your opening, Mr. Chairman, about the desire to improve project delivery and the permitting process. We support Chairman Mica's 437-day plan to eliminate redundancies, provide concurrent rather than consecutive reviews, streamline processes, and delegate NEPA responsibility where appropriate to appropriate State agencies. Again, I very much appreciate the opportunity to testify and would be happy to answer questions at the proper time. Thank you. Mr. Hanna. Thank you Mr. Nagle. Mr. Johnson, manager, carrier relations, Owens Corning, on behalf of National Industrial Transportation League. You are recognized, sir. Mr. Johnson. Thank you, Mr. Chairman. Good afternoon. My name is Wayne Johnson. I am the manager of global carrier relations at Owens Corning in Toledo, Ohio. Today I am here representing the members of the National Industrial Transportation League as its chairman of the transportation committee itself. I appreciate the opportunity to testify. Like most of you, I drove to work today. And I am here today to talk about industrial perspectives in the transportation market. Owens Corning depends heavily on transportation infrastructure and moves over 570,000 loads a year using all modes of transportation. Trucking represents 495,000 loads of that total of shipments, and over 145 million highway miles traveled every year on an annual basis at a cost of $345 million that we spend on transportation on the highway side alone. These are not trivial numbers, and we are only one company out of the many members we have. Like so many businesses, we depend upon a transportation system that allows us to reach suppliers and customers in a timely and efficient manner. Congestion on our highways and our ports, intermodal connections creates inefficiencies, long transit times, missed schedules, production interruptions. All of these are uncompensated costs that harm profitability, inhibit our ability to grow and add new workers. Most of our witnesses are probably in broad agreement with the nature of this problem. It is time for solutions, and we are enlightened by Chairman Mica's statement there will be no more short-term extensions of the surface transportation authorization. America is underinvesting in our freight transportation system. We are failing to recognize how it supports our economy interests and creates an environment for sustained economic growth. Further delay in enacting a new authorization and continued neglect of our existing highway investments will compromise American industrial competitiveness. Companies that export, like Owens Corning, will fall behind overseas competitors. The competition is global and relentless. For major importers and retailers, it will mean the costs will soar on consumers. And for exporters, importers, and companies that do all of their business in the United States, the result is the same: We will not be able to add jobs. The great recession masked the problems that we have seen in the full recovery takes place, but they will come again. The chokepoints, backups, delays, and other indicators of deteriorating freight transportation systems that were cited daily before the recession will abate somewhat, but as we resume normal production and consumption cycles, the underlying problems of infrastructure neglect and deferred investments will again make themselves known. For all of our past efforts, we have never seriously considered or attempted to put in place the national transportation system policy. I recognize the full integrated system, comprehensive, multiyear surface transportation authorization bill is imperative, and we need it now. There are some proposals now in the line with the Highway Transportation Fund into a transportation trust fund. Without more details, especially on funding, we will reserve judgment. However, we are concerned in that the attempt to address many shortcomings of our transportation system, there will be unwarranted claims on this fund for purposes unrelated to transportation. Users of Federal highways should see their taxes, tolls, and other fees paid for maintaining and improving and expanding capacity on their highways and bridges and system connections and not for nontransportation purposes. The industry understands that difficulties in advancing this in the fiscal year and political environment that we are in today. We strongly support the use of--reform of vehicle weight limits and trucks to give the States an option to allow six- axle tractors weighing up to 97,000 pounds on interstate highways as one solution. These six-axle vehicles will, of course, be required to meet the safety concerns of lighter trucks today. We respectfully urge the committee to identify and promote incentives for moving traffic in off-peak times. It is not easy to accomplish, but we think it can be accomplished by this committee. In my submitted testimony I have also offered other recommendations to improve the Nation's freight transportation contained in a 10-point platform of principles developed by the Freight Stakeholders Coalition, which the league is a member. Mr. Chairman, I am here to answer any questions afterwards. Mr. Hanna. Thank you very much. Ms. Mullings, president and CEO, National Association of Truck Stop Operators, you are recognized. Ms. Mullings. Thank you, Mr. Chairman and members of the subcommittee. Today I respectfully urge Congress to reject any proposal that would jeopardize the jobs of nearly 2 million Americans who are employed by travel plazas, truck stops, restaurants, and convenience stores located near interstate exits. Some States want to lease out interstate rest areas so they can collect fees from a vendor, who will in turn sell food and gas to highway motorists. Federal law does not currently allow these types of sales at any rest area built after January 1, 1960. If the law were to be changed, the State would save on the maintenance fees, and the business would generate a profit. It might seem odd that someone who represents business could be opposed to this idea. After all, this sounds like a great way to reduce the size of government by privatizing government services. In fact, it does just the opposite. The government is not in the business of selling food and fuel to motorists. The private sector is already meeting the needs of highway users at interchanges throughout this country. Allowing commercial rest areas would actually expand the role and size of government at a cost to businesses and the people who work there. We already have commercial rest areas in more than a dozen States, and we can see for ourselves that they stifle competition and business development. On the highways that have commercial rest areas, there are 50 percent fewer businesses at the interchanges than along highways with no commercial rest areas. Last year I received a call from NATSO member Roger Cole, one of the owners of four travel plaza locations along the east coast. He told me that one day he became puzzled by the sales data from one of his travel center locations. He double-checked the numbers with his accountant, who confirmed they were indeed accurate. Roger called the general manager of this particular travel center, which is located in Maryland. He asked the general manager of that location how his sales could have possibly jumped this much. I mean, that would have been significant. A 30 percent increase is how it increased, and that would have been significant under any sort of scenario, but this was in the fall, or early fall, of 2009 at a time where businesses all over the country were suffering from the effects of the recession. When Roger asked him what he had done, he said he was stumped. After about a week of record sales numbers, however, he realized something. Just across the Maryland-Delaware line, there is a commercial rest area called the Delaware House, and it was undergoing major reconstruction. The State rest area located on the right-of-way of Interstate 95 closed on the very day that Roger's numbers improved so dramatically. The Delaware House sells food and fuel as well as convenience items to interstate users. Months later the general manager's hunch was indeed confirmed. On the day of the grand reopening of the Delaware House, sales for the Maryland location dropped 30 percent, down to the same level where they were prior to the closure of the Delaware House. This is not a story of businesses fearing competition. Our members face competition every hour of every day that they are in operation. They face competition from those across the street or next door to them. It is because of the rest areas' ideal location on the shoulder or the median of the highway that makes this a difficult proposition. A vendor can charge virtually whatever they want to charge at this rest area because they are operating as a monopoly. For example, if you stop at the Delaware House, you can buy a fast-food hamburger from HMSHost that leases and operates franchise restaurants there. If you drive 6 miles down the road, however, and get off at an exit, right there is a fast food restaurant, the same fast food restaurant, and you can buy that same exact hamburger for $1 less. Part of that extra dollar goes to the State. It is effectively a tax on the public. The remainder of the dollar goes into the pocket of the business that was able to bid on the rest area successfully and locate there. Another one of my members told me that he will pay more than $600,000 this year in taxes to Rockbridge County, Virginia, where his business is located. If a commercial rest area forces his business to close, more than 140 people will lose their jobs there. The county will also lose their tax revenue, and truckers will lose the hundreds of parking spaces that he right now provides for free at his location. During his State of the Union address earlier this year, President Obama said American jobs created by transportation projects, quote, ``didn't just come from laying down infrastructure or pavement. They came from businesses that opened near a town's new train station or the new off ramp.'' The competitive interstate business community owes its very existence to the visionary leaders who enacted the Interstate Highway Act. As you work to reauthorize the Federal transportation program, we are looking forward to working with you to continue this competitive environment.thank you for allowing me to address you today. Mr. Hanna. Thank you. Now we are going to move to questions and answers. I will recognize each Member for 5 minutes, starting with Mr. Young from Alaska. Mr. Young. I have only one question for Mr. Martz, Jon Martz. Is he in the audience? Jon? And I do apologize for not being here. I understand you were supposed to mention my name in your testimony, and that depends on what type question I ask you. Mr. Martz. I did, and it was in a good context. Mr. Young. OK. Good. Is this simple. Because car pooling and van pooling and things, that is the thing that I am interested in especially relieving traffic congestion. Can you tell me about the market for van pools over the past few years, the history, and the correlation between rising fuel prices and the van pool usage? Mr. Martz. Certainly. First off, Chairman Young, let me start by thanking you for your interest in this. You have been very involved in your State in local van pool programs in both Anchorage and Fairbanks, and I want to thank you for that and your leadership over the years. To answer your question directly, the demand for van pooling nationwide has increased significantly. With $4-a- gallon gasoline, our company alone grew by 37 percent 2 years ago. We held, too. One of the things I remember hearing was APTA touted that they grew by 4 percent during that time period, but then when gas prices fell, their ridership dropped quite a bit. We held, and we continued to grow. Just since gas prices started increasing in rural and urban areas both, we are getting calls from large generators, whether they are military bases, nuclear power plants, things like that that are kind of not-in-your-backyard type of facilities, that they are concerned about how their employees are going to get to and from work, and if gas prices continue. And accordingly, we are ginning up some business. The bad news is gas prices are going up, and it affects the economy; the good news for our business is we are able to serve more people because we are able to satisfy that demand. But that is from Alaska, Idaho, New Mexico and growing metropolitan areas like Honolulu, the space coast, and large metros like Los Angeles, we are continuing to grow, and this demand could be met even better by using Federal transit funds to leverage private-sector investment in public transportation. Van pooling is not a panacea. We are not a silver bullet, but we do serve a certain market niche and very effectively. Mr. Young. One of the things I know--you are right about Alaska. In 2005, we had 24 van operations in Anchorage alone, and now we have about, I believe, 57 vans. So it does work. We are finding out--we pay--right now we are paying about $4.50 a gallon in Alaska even with all of the oil we have. And for those in the audience, we will hit $5 a gallon for gasoline probably by the first of June. And this is going to affect the economy. But more than that, just how do people make up for their ability to go to work? They will be using pools, buses and transit, which makes it work a lot better. And for those in the audience, if you have got any influence, we have to start producing our fuels in this Nation. The idea we are going to buy them from Brazil just makes me want to throw up. And I think I love this pooling because it gets people off the road, and that is very, very important. Mr. Martz, thank you, and again I am quite interested in this program, and I hope people understand the importance of it. And I do thank you for your testifying today. And that is all the questions, Mr. Chairman. Mr. Hanna. Thank you, Mr. Young. I would like to recognize Ms. Richardson from California. Ms. Richardson. Thank you, Mr. Chairman. Ms. Windsor, Mr. Byrd, and Mr. Downey, if you could make your way up to the front. I only have a few minutes, so I am going to ask the questions quick, and hopefully I can get a quick response. Ms. Windsor, you talked about ATA and your willingness to tax yourselves, basically the industry, under the commitment that obviously that the funds would be utilized would be done in an area to help you do your work better. Fuel tax hasn't been increased since 1993, and, as you know, we have a bill addressing that. Could you just restate for the record why you have that commitment, because it is very important. Ms. Windsor. We believe that, yes, our Nation's highways are offices. We do believe that it is time for a fuel tax increase provided it is used for our Nation's highways. And when we speak of fuel taxes, we speak of all fuel taxes. We are paying a higher fuel tax for diesel federally than we do for gasoline, but we believe as users of our Nation's highways we should also invest in them. So, yes, we believe in the fuel tax increase. Ms. Richardson. And, Mr. Byrd, we have had--in the last Congress we had several hearings about size and weight of trucks as well as drug testing, and I found it was interesting that you said that you--teamsters are open to nationwide testing as long as it is a national program. Do you want to allude further on that? And if you have any thoughts about the size and weight. Mr. Byrd. Talking about the national clearinghouse for alcohol and drug testing results? Ms. Richardson. Yes. Mr. Byrd. Yes. We are open to establishment of that type of clearing house. We would just prefer that it would be maintained by the Federal Government rather than on a State-by- State basis. It is my understanding that a State like North Carolina currently collects this type of data and has their own database. We think it would be more efficient and it would be more protective for our driver members if it was maintained--if data were collected by the Federal Government and maintained by the Federal Government. Ms. Richardson. And your testimony for the most part was on safety. Was there anything other that you wanted to share that you didn't have an opportunity to cover? Mr. Byrd. Basically I am a safety and health director, but, yeah, in terms of size and weight, we have--the Teamsters Union has opposed any increases in size and weight of commercial motor vehicles because we don't think that the country's infrastructure, the road infrastructure, is actually suitable to accommodate the added weights. Ms. Richardson. And, Mr. Downey, you brought up something near and dear to my heart, which was freight planning, and it is unfortunate that the actual chairman is not here present. Could you just reiterate why you believe that an Office of Freight Planning, or multimodal, I think, is the term that you used--we have a bill that is really pushing that. Mr. Downey. I am familiar with your bill, and there is a lot in there that we think is important. I spent a number of years at the Department of Transportation, and even today it tends to be an organization of silos, some call them ``cylinders of excellence.'' But they keep people focused on the mode of transportation and not the function, and I think in terms of goods movement, it is the function that counts. Most effective goods movement is, in fact, multimodal. Things come off of the ships and containers; they go on to a rail line, they go into trucks. We really need to be looking at the most efficient way and the facilities that will be needed to carry out that efficient way of movement. We believe that could best be achieved with a single office within DOT. At one time there was such an office, it was called the intermodal office, reporting to the Secretary. It has been pushed further down in the organization. We would like to see something like that back in a prominent role. Ms. Richardson. And, Mr. Pantuso and Mr. McBride, if you would hop up real quick. I have got 55 seconds. Mr. Pantuso, there has been much discussion today about transit. I found that that was pretty interesting. Other than the grants and things that are in place, is there any other one thing that you think would be so important that could help transit to be able to survive, particularly in the rural communities? Mr. Pantuso. Well, again, we represent primarily the private bus sector, and I think grants are certainly very, very important, but not new moneys. Really access to existing funds and existing information. The motor coach industry is relatively small, but we are very, very independent, small-minded businesses that move 760 million passengers. And just having access to some of the available moneys that are currently in place for public systems, I think a lot of our members can operate much more efficiently and environmentally friendlier. Ms. Richardson. And I apologize. As you can see, I have got a binder this thick. Did you already tell us what specifically those pools of funds were? Mr. Pantuso. There are a number of resources. There are certainly some existing transit funds. There is access to funding through TIFIA, and then if there is a bank, if you will, an infrastructure bank, access to those moneys as well. Ms. Richardson. And then finally, Mr. McBride--and the Chair has been kind enough to give me a few last seconds--it is my understanding in working on some legislation with your limousine folks that there are different rules for taxis versus limousines, and access to airports and all of that. Is there anything as we are looking at this overall bill that we could do to help your particular industry? Mr. McBride. The limousine and the taxi industry feel they are being charged unfairly at airports when making pickups. We are either a great resource to bring you to the airport or make a pickup on the last leg of your trip, and we are being charged fees by airport authorities that were paid to be built by taxpayer dollars. And it is costing us a lot of grief and affecting our bottom line to provide services. Ms. Richardson. So you are talking about the queued area where you are waiting? Mr. McBride. Yes. Yes. Ms. Richardson. Thank you, Mr. Chairman. Mr. Hanna. I would like to recognize Mr. Sires from New Jersey. Mr. Sires. Thank you, Mr. Chairman. Mr. Martz, would you please take the stand, please.Mr. Martz, you mentioned that transportation management associations are part of your organization. Can you just give me an explanation of what they are, and how can this committee be helpful to that association? Mr. Martz. Transportation management associations, or TMAs, are typically like small little chambers of commerce, business service associations that focus on transportation issues for the employees in a close geographic location. They work together. They leverage their assets, their funds, to make more things happen in their general area. New Jersey has a more of a statewide network of that than probably any other State other than maybe Washington, and it is a very effective one. TMAs typically run things like last-mile shuttles. They may provide collectively a way to administer the commute-to-work benefit for transit and van pool purposes. They may provide real-time transit information in the lobbies of their businesses, things like that. And all these things focus on ways to get their employees to and from work in a more expedient and a more efficient manner. Your bill, by the way, is an excellent example of how a small amount of Federal dollars could leverage more private investment to get them both at the planning table where the funding decisions are made, where they are really not now, but also to look at the market-driven approach that these employers are more focused upon: How do we get these people to and from work? And not necessarily how the planners think it should be done. They are right on the ground. They are right in their face. So, yeah, we really appreciate your bill. We think it is a great thing. Mr. Sires. Mr. Martz, if you come from a district like I come from, you realize why we have to do something soon, because it is just impossible to get around some of the area. We need to put something together to get these people back and forth to work. Mr. Sires. Thank you, Mr. Hanley. Mr. Hanley, I know that transit funding is very important to Amalgamated Transit Unions, and it is very important to my constituents in my district. So would you support a 6-year authorization if there was a cut of 20 percent in transit funding? Mr. Hanley. Not only would we not support it, we think that would be a criminal act against the people of our cities. You know, most of the people in America live in cities, and urban America is losing its mobility every day as a consequence of some bad Federal policy that exists. But the notion that we would, in the midst of this crisis, actually cut the funding to the systems that move our people around our cities is unconscionable. Mr. Sires. Well, I couldn't agree with you more. You know, my district is one of those districts where you have to move people to work. Especially in New York City--I represent that district that faces New York City, and we have to get people to where the jobs are created. And New York City is really a job- creating engine in the region. So to have a deduction of 20 percent, 30 percent, it would be devastating for areas like that. And I am sure there are other areas like my area in the country where it would be devastating. So---- Mr. Hanley. Well, Congressman, we have seen massive service cuts--historic, by the way; more deep service cuts and fare increases that at any time at least since World War II--over the course of the last year and a half. And the consequences are far-reaching. It is not just a matter of people who work in transit being impacted, but our cities, as I said, are losing mobility. I was in Chicago recently speaking to some of the representatives of the people who do building service in Chicago. People from unions out there, SEIU in particular, who told me in great detail about members of their unions who work in building service who finish their jobs and have to stay in the buildings that they clean for hours waiting for the next bus to come, as a consequence of the bus cuts that have happened in Chicago. But also, you know, what happened in 2008 when fuel hit $4 a gallon was that ridership was higher than at any time, again, since World War II on our transit systems. In places like Chicago, the transit systems had no way to respond to that. Our systems were strangling as a consequence of paying, themselves, the higher cost of fuel and not having funding to pay for it. And in Chicago the solution was to begin to rip out the seats in subway cars to herd people on like cattle. These are taxpayers, they are workers. They don't deserve to be treated like that. And Federal policy has been blind over the course of the last 2 years to that. And the notion that we would then take this a step further and, you know, create a further attack on the people who live in our cities who have to get to work every day and cut the funding, the Federal funding, that makes those systems run, that is just incredible. I can't believe that anyone would suggest that. Mr. Sires. In my district, we have the Lincoln Tunnel. There is a billboard before you enter the Lincoln Tunnel. It says, ``Lincoln: Great President, Lousy Tunnel,'' about moving people around. Thank you, Mr. Chairman. Mr. Hanna. I would like to recognize Mr. Nadler from New York. Mr. Nadler. Thank you. I would like to start by reminding Mr. Sires that the Lincoln Tunnel is in my district, too. Mr. Downey and Mr. Hanley--it connects us. Mr. Downey, first of all, if projects of regional national significance created by SAFETEA-LU were structured in a more targeted, competitive program, as it was originally designed to be in the original draft of the bill, could such a program, in your opinion, sufficiently fund the large-scale national and regional projects that our surface transportation system needs? Mr. Downey. It could certainly make a good start at that if it could be managed in a cost-effective way, in a merit-based way. One of the failings within projects of regional and national significance was more than half those projects never got started, while others were ready to go and couldn't get the funding they needed. So---- Mr. Nadler. As they said it in the original draft of the bill---- Mr. Downey. I recall the original draft, yes. Mr. Nadler. OK, thank you. And secondly, some people have talked about having a transit bill or, rather, a transportation bill coming in less over a 6-period than SAFETEA-LU did, which would be the case if we were limited to the existing gasoline tax, no other revenue source and no increase in the gasoline tax. And they say we should do more with less. Do you believe we can keep pace and extend and maintain our system by doing more with less? Can you think of any other country where an underinvestment strategy has resulted in economic growth? And what impact would such underinvestment have on goods movement and economic competitiveness? Mr. Downey. I think, across the board, if we do not keep pace with needs, we will feel the impact of that, whether it is moving people in public transport, whether it is the highway system, or whether it is goods movement. I think in goods movement there is a particular issue, that a more efficient goods movement can, in fact, stimulate a more effective economy, where actually it would be creating the revenues that would pay for the investment. So I don't think we should shortchange that element of the system. I would be concerned about shortchanging any element of the system. Where one doesn't invest, eventually you pay the price, in terms of service declining, physical conditions declining, safety declining. You and I remember what the New York City Subway system used to be like. And I now sit on the board of the Washington Metro system, and we would not like to see that turn into what New York had been. We would need to continue simply to maintain the services we have effectively. Mr. Nadler. Well, because we underinvested in New York, the mean distance between failures in the late 1970s was 6,500 miles. It is now over 200,000 miles. Mr. Hanley, some people have suggested that the trust fund should be devoted only to highways, that transit should be funded out of other mechanisms, such as general fund appropriations. What impact do you think solely funding transit out of the general fund would have on transit agencies around the country? Mr. Hanley. Well, without dedicated funding for transit, we would likely have a continuation of the current crisis. It might get worse. But, also, you know, the notion that transit is somehow-- the impact of transit is not felt on our highways is misconceived. The fact of the matter is that when we fund adequately mass transit--and, also, by the way, intercity transit is part of that notion--we get people out of their cars, which helps free up the movement for efficient movement of goods and efficient movement of people. So the idea that we should somehow segregate transit and say that it is not part of the solution to highway problems I think is wrong. And I think that the Highway Trust Fund is an appropriate vehicle for funding it, although we would welcome additional funds from the general fund. And we do think it is appropriate, at this time. Mr. Nadler. Thank you. So I assume that you would support an increased Federal investment in transit as a way to help people who are struggling with near-record-high gas prices. Mr. Hanley. Well, I would. And I also want to point out that for some strange reason in this country we feel that foreign oil producers are the only people allowed to raise the tax on our gas by raising the cost of oil. And that---- Mr. Nadler. Thank you. Mr. Hanley [continuing]. Somehow it wouldn't be appropriate for us, that is mindless. Mr. Nadler. Thank you. One final question for Mr. Downey. There has been a lot of discussion about an infrastructure bank, which I think is basically a good idea in many ways. But one of the arguments for the infrastructure--or for some proponents of the infrastructure bank is that some elite board of experts would make all investment decisions based on some criteria rather than having Congress make investment decisions. Because, after all, Congress is political and might not use the criteria that some elite board would use. When we talked a moment ago about merit-based criteria in the projects of national and regional significance section of a bill, or, for that matter, in an infrastructure bank, do you think that Congress cannot make such decisions, that only some sort of elite board should make such decisions because, otherwise, it cannot be merit-based? Mr. Downey. It has been my experience that one can work with the Congress in arriving at those merit-based decisions. One of the models has been the New Starts program in transit, where extensive study, sometimes too extensive, but extensive, solid study arrives at a point where a recommendation can be made. Congress' view is sought at that point, in terms of moving the project forward. Once there is agreement, then the project sponsors seek the funding through an annual appropriations process. But the congressional involvement, in that program at least, in my view, has been very positive. And I would look for something similar to that in any freight program. Mr. Nadler. Thank you. Mr. Hanna. I would like to recognize Ms.--thank you for your patience--Ms. Napolitano from California. Mrs. Napolitano. Thank you so very much, sir. I appreciate your time. I would also like to have Mr. Nagle and Mr. Millar join you up at the desk. But for Mr. Downey, should the bill create a freight program to address thenegative impact that freight causes in urban communities? Should there be a user fee attached to a freight program? And do you have any recommendations? This comes out of the fact that I have the whole Alameda Corridor going through my district, and it impacts it, yet railroads only put in 3 percent, maybe 2 percent, in kind for the construction of a $50 million, $60 million, $80 million project. Mr. Downey. I think there is room--there should be room to consider all of the impacts of goods movement and really incorporate those externalities into the pricing in one way or another. The program, the concept that our coalition has put forward has, in fact, been vetted with Environmental Defense Fund. And we are very much in sync, in terms of how a good program could work, not only for the benefit of freight efficiency but for the communities that are involved. Mrs. Napolitano. Well, it is a corridor of national significance that brings about 45, 55 percent of the Nation's goods to this area--to the rest of the Nation, and yet we are struggling to have some of those paid for. One of the things to Captain Dowling, California Highway Patrol--I have always been a strong supporter of the Highway Patrol ever since I was in the statehouse. But would you please talk to us about the importance of the grade crossing safety programs and the construction of grade separation projects? Do you think Congress should continue to fund railroad/highway grade crossing safety programs? Most of the time, or at least in this subcommittee when we have had the railroads testify, they have indicated usually they are volunteer safety programs from their end. And should we allow an increase in truck size on the freeways? And what impact would that have on the safety that you see? Mr. Dowling. Well, in regards to the railroad crossing, as far as CVSA and us taking a particular position on that, we are obviously concerned with the overall highway safety in that. I don't know that we have really evaluated specifically the funding and volunteer versus specific funding in that. In regards to the truck size and weight, I think one of the biggest concerns that we have is there really hasn't been substantial studies that have looked at all the different impacts that that could potentially have. For example, even though there have been some advances in technology that may say that stopping distances may only minimally be increased, one of the concerns that we have is, what potential impact does that increased size have in crush factors and collisions? And, therefore, it may impact the amount of fatalities versus injuries that would occur in a collision. Those are the type of safety analysis that I think needs to be done to make sure that whatever decisions are made, as we try to become more productive and to balance that economics versus safety, that we are truly having the safety conversation involved in that discussion. Mr. Nadler. Is anything being done at the State level? Mr. Dowling. Yeah, actually, there are some analyses that are going on, including that we are using some computer modeling to try to determine some of this. We are hoping to be able to bring that. And it is also something that our Size and Weight Committee of CVSA is actively engaged in and that we hope to have some more information---- Mrs. Napolitano. Well, I would hope that you would send some of those findings to this subcommittee so that we have an idea what some of that impact will be. To Mr. Millar and Mr. Hanley, some of the witnesses are testifying today and probably tomorrow calling for the mass transit account to be removed from the Highway Trust, something that Mr. Nadler just addressed. To me, in my area, we are 13 million people in L.A. County, and it takes mass transit. You put a bus, there is a freeway accident, it gets hung up just like anybody else. What other mass transit--what is the impact it would have on transit if we were to look for other alternatives? And, of course, folding into that the public-private partnerships that everybody is talking about, where we don't know how to find them yet. Mr. Millar. We would strongly oppose the separation of mass transit from highways. We think President Reagan got it right in 1983 when he agreed with the Congress to put them together. We think it gives the Congress--and this committee is certainly the evidence of it--it certainly gives the Congress to consider the tradeoffs between highways and transit in a comprehensive way. So we can see no good reason for taking public transit out of there. The number-two beneficiary of the transit investment in America is the urban motorist, who, according to Texas A&M University, receives over $19 billion a year benefit in reduced urban congestion from the fact that transit operates in America. Mr. Nadler. Thank you. Mr. Hanley? Mr. Hanley. Well, along the lines of the question about the use of buses on highways that are already clogged, you know, there is an innovation that has been used all around the world--we are lagging behind many other countries, including in Latin America--and that is using bus rapid transit, which dedicates not only highway lanes but also gives a bus the ability to change the signals along the way to move the buses more quickly. There are many things that are also involved in that, but that is something that we have fallen far behind the rest of the world in. We had a very slight experiment with this in my hometown, in Staten Island, New York. The consequence of adding bus lanes and getting bigger buses was that our ridership went up in a year and a half about 120 percent on these routes. And, also, the people not only got to work faster, in a more reliable fashion, but the cost per rider goes down when you give buses the right of way to move. And, you know, certainly, you wouldn't allow a cow to sit on the railroad tracks. And that is essentially what we are doing with our bus system by not being more forward-thinking and building more BRTs. Mrs. Napolitano. Thank you. With the indulgence of the Chair, Mr. Nagle, the port congestion is a great issue for us. And it hurts our economy. Like I said, a lot of it comes through my district. How can we mitigate the congestion to create more rapid and efficient goods and people movement throughout the country? Mr. Nagle. I think one of the things that should be a focus is the intermodal connector side of the national highway system. A lot of the ports, whether it is southern California or throughout the country, that bottleneck and where you see the congestion are on those connections between the port facility and the highway. And so we think there should be a specific part of the freight program that is addressing the intermodal connectors that can help essentially that last-mile or first-mile connection into and out of ports. We think that is an absolutely critical link and is often where those bottlenecks are. I think it also can get toward some of the things you raised with Captain Dowling, in terms of the grade separations, et cetera. That can also help, and that can also then help in terms of both the rail in and out of ports and also the truck traffic in and out of ports. Mrs. Napolitano. But you have also heard that sometimes they build it and then they ask the partners to come in, which may be deciding a problem. I know it happened in one of the ports, I don't remember if it was in Long Beach or L.A. And so, is that an issue also that should be addressed? In other words, working with the partners prior to the construction of any of those new systems. Mr. Nagle. What our policy position states essentially is that there should, in that type of a scenario, there should be a public-private, essentially, partnership where the private benefits are identified and, in that case, the private rail company would pay for those aspects of the benefits, and then the public benefits would be---- Mr. Nadler. But you don't want Congress mandating it. Thank you, Mr. Chair. Mr. Hanna. You are welcome. I would like to thank everyone for their testimony today. Your comments and insights have been very helpful. The witnesses are dismissed. I would like to thank the audience and everyone, all the stakeholders and participants and citizens for being here. If there are no Members that have anything to add, this subcommittee stands in recess until tomorrow, Wednesday, March 30th, at 10:30 a.m. Thank you. [Whereupon, at 4:44 p.m., the subcommittee was adjourned, to reconvene at 10:30 a.m., Wednesday, March 30, 2011.] [Prepared statements and submissions supplied for the record follow:]