Senators voted on 12 amendments and attempts to return the bill to the Appropriations Committee for further work. No major funding changes were adopted, however, leaving intact the levels agreed to July 30 by the Appropriations Committee. The Senate version of the legislation (HR 3288) contains $75.8 billion in transportation spending for FY 2010, including $42.5 billion for highways and $11.1 billion for transit. Funding for the Airport Improvement Grants program is continued at $3.5 billion in the Senate measure, the same level as provided by the House. (See July 31 AASHTO Journal story for details on funding levels proposed in the Senate version of the bill.)

The Senate voted to approve only three amendments to the bill. Of those, just one dealt with transportation while the other two related to housing programs. The transportation amendment adopted was sponsored by Sen. Roger Wicker, R-MS. It would deny federal funding for Amtrak unless the national passenger railroad permits by March 2010 passengers to pack firearms and ammunition in their checked luggage. Amtrak currently forbids transportation of all guns on its trains, whether they be carried on board or checked in bags.

Wicker attacked Amtrak for failing to match the policies of major airlines, which allow their passengers to transport firearms in checked belongings.

"Sportsmen who would like to use an Amtrak train for hunting trips can not do so because they are not allowed to bring a firearm in checked luggage, something that is done every day at airports across our country," Wicker said.

The amendment passed 68-30. If enacted into law, the provision would force Amtrak to change its rules or lose the $1.55 billion federal subsidy it is slated to receive next fiscal year.

Senators killed five amendments related to transportation:

• Sen. John McCain, R-AZ, tried to modify the bill by removing all congressional earmarks and directing the $1.7 billion instead to help the Federal Aviation Administration pay for a "next generation" air-traffic-control system. This amendment was tabled by a vote of 68-26.
• Sen. Tom Coburn, R-OK, sought to allow state transportation departments to opt out of the requirement that they spend 10 percent of their surface transportation funds on "enhancements" such as bike paths and highway beautification. This amendment failed 59-39.
• Coburn also tried to amend the bill to prohibit funds from being spent on transportation museums. This amendment failed 57-41.
• Sen. Judd Gregg, R-NH, wanted to prohibit the use of recovery funds for signs announcing that highway improvements are funded by the American Recovery and Reinvestment Act. This amendment failed 52-45.
• Sen. Jim DeMint, R-SC, sought to eliminate all federal Essential Air Service subsidies for commercial flights from the John Murtha Johnstown/Cambria County Airport in Pennsylvania. United Express currently flies from Johnstown to Washington Dulles International Airport. This amendment failed 53-43.

Senators also defeated two attempts by Republicans to send the bill back to committee with instructions to reduce spending. The first motion was offered by Sen. John Ensign, R-NV, who sought to trim spending to Fiscal Year 2009 levels (a reduction of 23 percent). That motion was rejected 64-33. The second motion was offered by Sen. Jon Kyl, R-AZ, who sought to rescind unobligated transportation and housing money from the recovery act. That motion was rejected 64-34.

Following final adoption Thursday, the Senate requested a conference committee with the House to resolve differences. One of the key funding levels different in the House version is for high-speed rail. The House proposed $4 billion for high-speed rail while the Senate version would only appropriate $1.2 billion. President Barack Obama had asked for $1 billion.

Truck Weight Limits on Maine Interstates Would Rise

A long-sought exemption for Maine from federal truck weight limits on interstate highways is included in the transportation appropriations bill approved by the Senate. The provision is receiving opposition, however, from labor, environmental, consumer, and safety groups worried about the precedent it would set for other states.

The bill would exempt Maine from having to abide by the 80,000-pound weight limit for trucks traveling on the Interstate Highway System. Maine permits trucks weighing up to 100,000 pounds on its state roads. The Maine Turnpike section of Interstate 95 was exempted from the federal weight restrictions in 1998, creating a situation where heavy trucks must exit the interstate when the turnpike segment ends and continue the remaining 200 miles north to the Canadian border on state highways.

Maine's congressional delegation has worked for more than a decade to exempt all of the state's interstate highways from the weight rules. The Maine Association of Police supports the waiver, contending it's safer for heavy trucks to travel on the interstate rather than state roads through communities.

"Given the nature and daily use of secondary roads vital to Maine citizens, this restriction creates an unnecessary risk by forcing these commercial vehicles off of a system that is specifically designed and engineered for this type of commercial traffic," wrote Paul Gaspar, the association's executive director.

Sen. Susan Collins, R-ME, added the provision to the transportation spending bill from her perch on the Senate Appropriations Committee. The House bill does not contain the waiver, meaning the issue will have to be resolved in conference committee.