[Congressional Record Volume 148, Number 113 (Tuesday, September 10, 2002)]
[House]
[Pages H6142-H6146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 PROVIDING TEMPORARY WAIVER FROM CERTAIN REQUIREMENTS UNDER CLEAN AIR 
                                  ACT

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3880) to provide a temporary waiver from certain transportation 
conformity requirements and metropolitan transportation planning 
requirements under the Clean Air Act and under other laws for certain 
areas in New York where the planning offices and resources have been 
destroyed by acts of terrorism, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3880

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLEAN AIR TRANSPORTATION CONFORMITY; TEMPORARY 
                   WAIVER FOR NEW YORK AREAS.

       (a) Temporary Waiver.--Notwithstanding any other provision 
     of law, until September 30, 2005, the provisions of section 
     176(c) of the Clean Air Act, and the regulations promulgated 
     thereunder, shall not apply to transportation projects, 
     programs, and plans (as defined in 40 C.F.R. Part 93, Subpart 
     A) for the counties of New York, Queens, Kings, Bronx, 
     Richmond, Nassau, Suffolk, Westchester, Rockland, Putnam, or 
     the towns of Blooming Grove, Chester, Highlands, Monroe, 
     Tuxedo, Warwick, and Woodbury in Orange County, New York. The 
     preceding sentence shall not apply to the regulations under 
     section 176(c)(4)(B)(i) of such Act relating to Federal and 
     State interagency consultation procedures.
       (b) Interim Progress Report.--Not later than January 1, 
     2004, the Governor of New York shall submit to the Committees 
     on Energy and Commerce and Transportation and Infrastructure 
     of the House of Representatives, the Committee on Environment 
     and Public Works of the Senate, the Administrator of the 
     Environmental Protection Agency, and the Secretary of 
     Transportation a report regarding the status of the State's 
     progress towards achieving compliance with the provisions of 
     law and regulation subject to the temporary waiver provided 
     by subsection (a). Such report shall explain in detail the 
     steps that the State has taken towards achieving such 
     compliance and identify the necessary steps that remain to be 
     taken by September 30, 2005, in order for the transportation 
     projects, programs, and plans for the counties referred to in 
     subsection (a) to be in compliance with the provisions of 
     section 176(c) of the Clean Air Act, and the regulations 
     promulgated thereunder, by September 30, 2005. The report 
     shall also include a regional emissions analysis generally 
     consistent with the requirements of 40 CFR 93.122, together 
     with the relevant air quality data.

     SEC. 2. METROPOLITAN PLANNING REQUIREMENTS; TEMPORARY WAIVER 
                   FOR NEW YORK AREAS.

       Notwithstanding any other provision of law, until September 
     30, 2005, the provisions of sections 134(h)(1)(D), 134(i)(3), 
     134(i)(5), and 134(l)(1) of title 23 of the United States 
     Code and sections 5304(a)(1), 5305(c), and 5305(e)(1) of 
     title 49 of the United States Code and the regulations 
     promulgated thereunder, shall not apply to the New York 
     Metropolitan Transportation Council or to the Metropolitan 
     Planning Organization designated under section 134(b) of 
     title 23 of the United States Code.

     SEC. 3. ADDITIONAL REQUIREMENTS.

       (a) Prohibition on Capacity Expansion.--During the period 
     of the temporary transportation conformity waiver for 
     transportation plans, programs, and projects under section 1, 
     no regionally significant capacity expanding

[[Page H6143]]

     highway project shall be added to the Regional Transportation 
     Plan for the counties referred to in section 1 and no such 
     project may be advanced from the out years of the Plan into 
     the TIP, except as provided in subsection (b).
       (b) Exception.--Any regionally significant capacity 
     expanding highway project south of Canal Street and West of 
     Broadway in Manhattan may be added to the Plan referred to in 
     subsection (a) if--
       (1) the project is part of a redevelopment plan for lower 
     Manhattan subject to NEPA and the New York State 
     Environmental Quality Act, as applicable; and
       (2) any projected increases in transportation related 
     emissions resulting from the project are offset by 
     corresponding reductions within the affected county, with 
     best efforts made to secure reductions from within the 
     immediate area affected by the project's emissions.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentleman from Virginia (Mr. Boucher) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Upton).
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today the House will consider important legislation that 
will help New York rebuild Lower Manhattan after the tragic events of 
September 11.
  Before I briefly discuss the purpose and effect of H.R. 3880, I want 
to thank the gentleman from New York (Mr. Fossella) and his fellow 
Committee on Energy and Commerce New York members, the gentleman from 
New York (Mr. Towns) and the gentleman from New York (Mr. Engel), for 
their great leadership in developing this legislation and moving it 
through the committee in a very strong bipartisan manner.
  As a result of this team effort, H.R. 3880 enjoys not only the 
support of the City and State of New York, but also the support of the 
Department of Transportation, the Environmental Protection Agency, and 
the environmental group Environmental Defense.
  This legislation is needed because New York's transportation planning 
office was located in the World Trade Center and was destroyed on 
September 11. Three staff members were killed; and for all practical 
purposes, the planning office's records and complex computer models 
simply disappeared.
  While tragic, this is not the sole reason New York needs a temporary 
extension from the Clean Air Act transportation conformity 
requirements. As we all know, September 11 changed the shape of New 
York. Thousands and thousands of offices have been moved to new places 
and commuters now travel different routes. Complying with the 
transportation conformity regulations and other metropolitan planning 
requirements would require a full understanding of these changes in the 
development of a new, corresponding computer model.
  EPA and DOT all agree that this task would be impossible for New York 
to complete by next month, which is New York's existing conformity 
deadline. Without H.R. 3880, when New York misses next month's 
conformity deadline, progress would cease on over $4.6 billion worth of 
transportation projects, all at a time when the rebuilding of Lower 
Manhattan and its transportation infrastructure is of paramount 
importance.
  So as to avoid this untenable outcome, H.R. 3880 provides a temporary 
3-year waiver necessary for New York to develop new computer models and 
meet the requirements of the next conformity planning cycle in October 
of 2005.
  I note that during full committee markup of H.R. 3880, the bill was 
amended in a bipartisan manner to address specific concerns raised by 
environmental groups with regard to regionally significant highway 
projects which now are generally prohibited unless they obtain 
emissions offset credits. Accordingly, H.R. 3880 has been endorsed by 
Environmental Defense.
  In addition to the Committee on Energy and Commerce's New York 
delegation, I wish to thank the chairman of the Subcommittee on Energy 
and Air Quality, the gentleman from Texas (Chairman Barton); the 
subcommittee's ranking member, the gentleman from Virginia (Mr. 
Boucher); and, of course, the ranking member of the full committee, the 
gentleman from Michigan (Mr. Dingell), for their bipartisan cooperation 
in providing this timely relief for the City of New York. I also wish 
to thank the gentleman from Alaska (Chairman Young), chairman of the 
Committee on Transportation and Infrastructure, for his cooperation 
with our request that this measure be considered by the full House 
promptly after our full committee markup.
  In addition to the committee's report filed on H.R. 3880, the 
committee understands that New York State is working on expanding ferry 
service into New York City from Westchester and Rockland Counties and 
encourages this process to move forward as a means of providing 
alternative mass transit options which help to reduce traffic and 
improve the air quality of the region.
  Mr. Speaker, in closing, I urge the House to vote for H.R. 3880, a 
bipartisan measure that will allow New York to continue the important 
task of rebuilding after the tragic events of 1 year ago.
  Mr. Speaker, I ask unanimous consent that the managing of this bill 
go to my colleague, the gentleman from New York (Mr. Fossella).
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. BOUCHER. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. BOUCHER asked and was given permission to revise and extend his 
remarks.)
  Mr. BOUCHER. Mr. Speaker, I rise this morning in support of H.R. 
3880, which will provide to the New York City metropolitan area a 
temporary and necessary waiver of Clean Air Act conformity requirements 
until September 30, 2005.

                              {time}  1215

  Mr. Speaker, I urge approval of this measure by the House. Section 
176(c) of the Clean Air Act requires that transportation activities 
conform to State air quality plans before the Federal Government is 
authorized to fund those transportation activities.
  The region-only mission analysis used to establish conformity and 
subsequent eligibility for Federal funding must be, under this 
statutory provision, less than 3 years old. New York's current regional 
emission analysis will reach its 3-year expiration date on October 1, 
2002. Then, under the provisions of the Clean Air Act, the New York 
conformity determination will lapse, jeopardizing the area's Federal 
transportation funding for most projects. It is estimated that the 
region stands to lose up to $1 billion in Federal transportation 
funding, should a conformity lapse occur.
  The headquarters of the New York Metropolitan Transportation Council, 
and that is the agency that serves as the New York area's 
transportation planning office, was destroyed in the attacks of 
September 11. Due to the unprecedented loss of personnel, resources, 
and records, it will be impossible for New York to establish a current 
regional emissions analysis in order to meet the October 1, 2002 
deadline for obtaining a conformity determination.
  In addition to the loss at the New York Metropolitan Transportation 
Council headquarters, the attacks of September 11 have significantly 
altered the distribution of jobs and transportation patterns within the 
New York metropolitan area. These changes add to the impossibility of 
the data collection necessary to develop an accurate regional emissions 
analysis during the near term.
  Given these extraordinary events, it is appropriate that we take 
action to provide temporary relief to the New York City area. The 
legislation before us today would grant a temporary waiver from the 
Clean Air Act transportation conformity requirements and selected 
metropolitan planning requirements of TEA-21 through September 30, 
2005.
  The bill received unanimous approval in the Committee on Energy and 
Commerce, and it is supported by the Environmental Protection Agency 
and by the U.S. Department of Transportation.
  I urge that the House lend its approval to this necessary 
legislation, which will assist in easing the burden faced by the New 
York City area as the region continues to recover from the attacks of 
last September.
  Mr. Speaker, I want to join my friend, the gentleman from Michigan

[[Page H6144]]

(Mr. Upton), in commending the gentleman from New York (Mr. Fossella) 
and the other gentlemen from New York, Mr. Engel and Mr. Towns, for 
their sponsorship of this measure, which is most appropriate and 
deserves approval by this House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FOSSELLA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, at the outset, let me thank the gentleman from Virginia 
(Mr. Boucher), because he has been really great in his assistance and 
in his efforts to bring this to the floor, and the people in the city 
and in the State of New York are grateful for his support.
  I thank as well my colleagues, the gentlemen from New York, Mr. 
Rangel and Mr. Towns. We have tried to do this really in a 
nonbipartisan way because it is so critical to the future of rebuilding 
New York City.
  I also thank the gentleman from Louisiana (Chairman Tauzin) and the 
gentleman from Texas (Chairman Barton), as well as the chairman, for 
being cooperative and understanding the plight of New York.
  Mr. Speaker, I have a full statement that I will submit for the 
Record, but just to highlight, I think, as has been said by the 
gentleman from Michigan and the gentleman from Virginia, sadly, another 
consequence of September 11 was the fact that New York City almost was 
destroyed. The loss of life was tragic, but in addition, the 
infrastructure is destroyed.
  Many Members in both the House and in the other body were in New York 
on Friday and saw what was once the World Trade Center, and saw 
underneath what was once the PATH station, the PATH train, or the 1 and 
9 subway line, or so many of the buses that really interweave 
throughout downtown New York.
  For all intents and purposes, things have changed in New York. New 
York was required to comply with the Clean Air Act as of October 1. 
Now, if the infrastructure has changed, the modeling to evaluate that 
infrastructure has changed, and the analysis, therefore, that was 
required has changed, so all bets are off.
  In addition, and this is the saddest, obviously, some employees lost 
their lives in that attack.
  So we have a combination of tragedies that brings us to this point. 
That, essentially, is to grant New York City and New York State 
temporary relief under the Clean Air Act. Without that, upwards of $4 
billion to $5 billion, the estimates range, but the reality is that it 
is hard and it is real that those Federal dollars that fund needed 
Federal projects will stop, and it will stop the rebuilding efforts of 
New York City that have moved wonderfully in the last year. It will 
mean so many jobs will be put at risk, upwards of 200,000 jobs directly 
and indirectly related to the rebuilding of New York City.
  This underscores, I think, what we all want to do; that is, to 
improve the quality of our air and the emissions surrounding New York 
City. But understand that this is a commonsense approach to a terrible 
accident that happened.
  So I want to commend all those who recognized this necessary, really, 
legislation, and to thank all those in the staff that brought us here. 
I would hope, since time is of the essence, that the other body would 
join hands with us and give New York what it needs.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BOUCHER. Mr. Speaker, I am pleased to yield 5 minutes to the 
gentleman from New York (Mr. Engel), one of the sponsors of this 
measure.
  Mr. ENGEL. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  Mr. Speaker, the Committee on Energy and Commerce has worked in a 
truly bipartisan fashion to bring this legislation to the full House 
today. The three of us on the committee that represent New York City, 
myself and the gentlemen from New York (Mr. Towns and Mr. Fossella) 
have all worked very closely with the leadership of the Committee to 
put this before our colleagues.
  Mr. Speaker, helping New York has been something that has been done 
in a bipartisan fashion since the tragic events of last September 11. 
This, of course, is part and parcel of that. New York City was hit not 
because it was some random place that was picked, but because New York 
is a symbol of what this country is, a symbol. That is why when New 
York was hit, everyone responded, because everyone understands that New 
York is a symbol of our great country.
  As we know, and was mentioned by my colleagues, New York is facing a 
conformity lapse on October 1 of this year. H.R. 3880 will grant a 
temporary limited waiver for New York's Clean Air Act conformity 
requirements.
  Mr. Speaker, the New York Metropolitan Transportation Council is the 
main agency that conducts the regional emissions analysis for New York, 
and as my colleague, the gentleman from New York (Mr. Fossella), just 
mentioned, the NYMTC offices were on the 82nd floor of New York World 
Trade Center One, and were destroyed in the attacks of September 11. 
Three staff members are still missing and presumed dead, and all the 
vital data and institutional knowledge of the staff were lost on that 
fateful day.
  As such, it is impossible for New York to meet its conformity 
requirements. I want to stress that without this waiver, New York will 
lapse out of conformity in less than a month, and many vital 
transportation projects will be halted, which threatens to cripple the 
region at a time when it is still struggling to recover.
  The Clean Air Act sets out strict air quality standards to ensure 
that metropolitan areas remain at safe air quality levels. The Clean 
Air Act is vital to the health and welfare of residents across the 
country. That is why I have worked very hard to balance the need for 
the legislation with the best interests of my fellow New Yorkers and 
the environmental community, as well.
  I have similarly been working to promote better and less polluting 
transportation throughout the New York metropolitan area, and have 
coordinated closely with Governor Pataki on this matter.
  On July 22, 2002, I wrote to the Governor to urge his support for 
expanded ferry service from Rockland County to Manhattan and 
Westchester County to Manhattan, and I am pleased to announce that the 
Governor has responded favorably to my request and has assured me that 
he will make clean air transportation projects such as these a 
priority.
  I want to also mention that in discussions with the chairman of our 
committee, the gentleman from Louisiana (Chairman Tauzin), we were 
supposed to have report language about the ferry service from Rockland 
and Westchester Counties in the bill, and through an oversight it was 
omitted. But I want to assure my colleagues that the chairman of the 
Committee and others on the committee in a bipartisan fashion have 
assured me that they will work with us to make this ferry service a 
reality.
  There are provisions in the legislation that require New York to 
report to the Committee on Energy and Commerce, EPA, and DOT on the air 
quality during the waiver period. These reports will allow us to 
monitor New York's progress to get back into conformity by the year 
2005.
  I am pleased that this legislation has the support of the 
Environmental Defense Fund and the environmental defense community, and 
I will continue to work with them and Governor Pataki to ensure that 
air quality standards will be of the utmost priority during the waiver 
period.
  Mr. Speaker, it is truly fitting that the House of Representatives is 
considering this legislation today. It will be a year tomorrow since 
the terrorist attacks, and this great body has shown its solidarity 
with New York. In fact, it is 52 weeks today, to this very day, that 
the tragedy happened. It is important that the Congress continue its 
commitment to see us through as we continue our recovery in New York.
  I was pleased to be with my colleagues just last Friday when we had 
this special session in New York. I want to thank, in conclusion, the 
chairman and ranking member of the Committee on Energy and Commerce, 
the gentleman from Louisiana (Mr. Tauzin) and the gentleman from 
Michigan (Mr. Dingell), for all of their hard work on this issue, and I 
urge my colleagues to support this much-needed legislation.
  Mr. BOUCHER. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.

[[Page H6145]]

  Mr. FOSSELLA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would just thank, from the committee, Joe Stanko, 
Michael Geffroy, as well as those from Governor Pataki's office and the 
mayor's office and the city of New York; also, the gentlemen from New 
York (Mr. Rangel and Mr. Towns), the chairman, the gentleman from 
Louisiana (Mr. Tauzin), the gentleman from Michigan (Mr. Dingell), the 
gentleman from Texas (Mr. Barton), and of course, the gentleman from 
Virginia (Mr. Boucher).
  From my staff, I thank Julie Walker, who has really worked a lot and 
very hard on bringing this to the floor.
  I would note, as well, if it has not been noted, that the 14 
affiliated building and trade unions support this bill. I have a letter 
that I have been asked to submit for the Record from the Environmental 
Defense Fund.
  The letter referred to is as follows:

                                        Environmental Defense,

                               Washington, DC, September 10, 2002.
     Hon. Vito Fossella,
     House of Representatives, Longworth House Office Building, 
         Washington, DC.
       Dear Congressman Fossella: We are writing about H.R. 3880, 
     The Clean Air Transportation Conformity Temporary Waiver for 
     the New York Areas, as recently amended. That bill would 
     provide certain counties of the New York City metropolitan 
     region with an extension of deadlines under the 
     transportation conformity provisions of the Clean Air Act 
     while containing protections for continued efforts to improve 
     air quality in New York City.
       The State of New York requested this extension on the 
     grounds that the events of September 11, 2001 directly and 
     substantially affected the offices and staff of agencies 
     involved in making conformity determinations. Offices of both 
     the New York Metropolitan Transportation Council (NYMTC) and 
     the Port Authority of New York and New Jersey were destroyed 
     on September 11, and, tragically, both agencies suffered loss 
     of life. According to the state, these agencies also suffered 
     unprecedented loss of agency records and institutional 
     capacity. New York has stated that it is seeking this 
     extension in order to ensure that federal transit funds 
     essential to the rebuilding of lower Manhattan are not place 
     at risk by these unfortunate circumstances.
       In December 2001, the original version of H.R. 3880 was 
     introduced in the House. Because of its unnecessarily broad 
     scope and lack of air quality protections, Environmental 
     Defense opposed that bill, as originally introduced. We 
     requested that, if any flexibility in meeting federal clean 
     air transportation planning requirements were to be granted, 
     it be done in a narrowly crafted way that include protections 
     for air quality and public health. We are pleased that the 
     bill has now been narrowed, and that New York has committed 
     to take new steps to protect air quality and health. The 
     changes include:
       No ``free pass'' for highway projects: Regionally 
     significant capacity-expanding highway projects not already 
     in the adopted Transportation Improvement Program are 
     specifically excluded from the waiver and cannot be advanced 
     during this period excepting projects related to 
     reconstruction of Lower Manhattan (whose emissions must be 
     offset locally).
       Transportaiton Conformity only: It is clear, based on a 
     recent change to the legislative language, that H.R. 3880 
     applies only to ``transportation projects, programs and plans 
     as defined in 40 CFR Part 93 Subpart A'', and that the waiver 
     therefore does not apply to port projects, airports, or other 
     transportation projects that are subject to the requirements 
     of general conformity under Clean Air Act regulations.
       Local emission offsets to protect public health in Lower 
     Manhattan: New highway projects for lower Manhattan (i.e., 
     the depressing of West Street) must include air quality 
     offsets within the affected county (with best efforts to 
     secure even more localized offsets).
       Detailed Interim Milestones: New York has committed to meet 
     detailed interim milestones on the way to attaining 
     conformity by 2005. These include commitments to improved 
     best practices transportation and air pollution modeling and 
     other updated models and data for the region.
       Report to Congress, EPA and DOT: New York must report to 
     Congress, EPA and DOT on progress being made toward achieving 
     conformity by the new 2005 deadline, including new emission 
     reduction strategies adopted to offset revised estimates of 
     air pollution emissions from cars and trucks that result from 
     newer assumptions, data, and emission models.
       Significantly, New York has also committed to take 
     additional steps to protect air quality during the course of 
     the waiver. These include:
       A commitment to make the reconstruction of lower Manhattan 
     a model for clean-air construction practice statewide, by 
     using clean fuels and retrofits to cut emissions from non-
     road machinery throughout lower Manhattan. Non-road engines, 
     like the construction machinery at work on the reconstruction 
     of the World Trade Center site and transportation 
     infrastructure in lower Manhattan, emit more fine particulate 
     matter than cars, trucks and powerplants combined and are 
     important sources of NOx, a precursor to the formation of 
     urban smog.
       Committments by key state agencies, including for example 
     the New York State Department of Environmental Conservation, 
     Department of Transportation and the Port Authority of New 
     York and New Jersey, to identify and adopt new transportation 
     control measures, such as incentives for increased use of 
     transit, to be implemented in the new term to cut emissions 
     from the transportation sector.
       We recognize that September 11 has presented New York and 
     the country with a unique and unprecedented set of 
     circumstances. We further understand that the State of New 
     York, at its highest executive leadership levels, has agreed 
     to the conditions outlined above and is prepared to implement 
     them vigorously. With these conditions, and under these 
     unique circumstances, we support the amended version of H.R. 
     3880.
           Sincerely,
                                                      John Bowman,
                       Legislative Counsel, Environmental Defense.

  Mr. TOWNS. Mr. Speaker, I'm very pleased to see the quick action of 
the House Leadership to bring this important legislation to the floor. 
H.R. 3880 is a bill that will provide a temporary limited waiver to the 
Clean Air Act's transportation conformity requirements within the New 
York City regional planning area (which includes, New York City, 
Nassau, Suffolk, Westchester, Rockland and Putnam counties as well as 
seven towns in Orange County). This waiver is necessitated as a direct 
result of the tragic events of 9/11. The New York Metropolitan 
Transportation Council (NYMTC), the office responsible for compiling 
the transportation conformity plan--was located in the World Trade 
Center, three of its staff members, and much of the progress that had 
been made in preparation for filing up to that date was lost in the 
terrorist attacks. In addition, as a result of the 9/11 destruction 
100,000 jobs have been displaced and commuter and traffic patterns have 
change significantly. For example, The World Trade Center PATH Train 
Station was lost and a number of businesses have relocated away from 
lower Manhattan. Without this waiver, New York's conformity will lapse 
on October 1, 2002. As a result, a number of non-exempt transportation 
and transit projects will come to a halt until a new conformity plan is 
filed.
  New York should not be penalized any more for the disaster of 9/11. A 
halt to transportation and transit construction projects will be 
devastating to an economy that has already suffered significant losses. 
Moreover, this will likely have the unintended consequences of 
hindering New York's efforts to achieve improved air quality, as 
projects such as the 2nd Avenue Subway and the East Side Access will 
not be able to move on to a new phase of work because they are 
considered non-exempt.
  It should go without saying that no one takes this request lightly. 
New York, similar to most metropolitan regions, struggles to conform to 
clean air requirements. The events of 9/11 have made clean air an even 
bigger issue for many New Yorkers. However, I believe there has been 
some confusion over this waiver request. This request has nothing to do 
with the post 9/11 EPA cleanup and everything to do with the need to 
rebuild lower Manhattan and continue important transportation and 
transit projects on their current schedules throughout the region. 
There have been erroneous claims that there is no need to provide a 
waiver because it takes eighteen months for the lapse to take effect. 
This is not an accurate claim. In fact, some projects will begin to 
stop in October depending upon their implementation phase. Projects 
will be able to complete their current phase but not be able to 
progress to the next phase. As you can see from the list before us, 
numerous projects would be impacted without this waiver.
  Working in a bipartisan fashion with my New York committee 
colleagues, Mr. Fossella and Mr. Engel, I believe we have reached an 
acceptable compromise with the Environmental Defense to address to any 
outstanding environmental issues. This legislation is an important step 
forward in rebuilding the infrastructure that was destroyed on 9/11, 
strengthening our economy, and allowing the New York Metropolitan 
Transportation Council the opportunity to develop a new conformity plan 
that reflects the new traffic patterns of the post September 11th city. 
I urge my colleagues to support this effort to keep New York moving and 
restore New York's economy to the driving force that it always has 
been, I would urge my Senator colleagues to move this bill with all 
delivered speed. We cannot afford for New York's transportation 
infrastructure to experience any delays because of Clean Air 
restrictions. I'm hopeful that final congressional action will occur 
before the October 1st deadline.
  Mr. FOSSELLA. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Quinn). The question is on the motion

[[Page H6146]]

offered by the gentleman from Michigan (Mr. Upton) that the House 
suspend the rules and pass the bill, H.R. 3880, as amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. FOSSELLA. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement today, further proceedings on this motion 
will be postponed.

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