[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[Senate]
[Page S5838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT OF 
                                  2003

  Mr. FRIST. Mr. President, I want to discuss with the Democratic 
leader an approach that might enable us to move forward to conference 
on S. 1072, the 6-year reauthorization of our Nation's surface 
transportation laws.
  While I am proud of the bipartisan agreements reached by the bill's 
managers that got us to this point, much work still remains, and it is 
important that we start as soon as possible.
  There are significant differences with the House bill, so this is 
likely going to be a challenging process. I want to make sure all 
Senators know it is unrealistic to expect the House will agree with all 
our provisions and that we will likely have to make significant changes 
to S. 1072. But as we make those changes, we should make them together.
  The transportation bill we passed this year was a model of bipartisan 
cooperation that was marked by good faith on both sides. That is the 
essence of the agreement I am proposing, a commitment from both sides 
that they will work in good faith in conference to get the best 
possible result. I have spoken to Senator Inhofe, who will chair the 
conference. He has agreed he will not pursue a conclusion to the 
conference, nor sign any conference report that would alter the text of 
S. 1072 in a way that undermines the bipartisan working relationship 
that has existed in the Senate.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. DASCHLE. Mr. President, I thank the majority leader for his 
leadership. I have discussed this with my colleagues and can commit 
wholeheartedly to the good-faith process he has proposed. Our side 
understands that changes will have to be made, and we are not entering 
this process demanding a specific outcome on any provision. Instead, we 
are asking any changes to S. 1072 be the result of the mutual agreement 
of the lead Senate conferees acting in good faith.
  By moving S. 1072 through the Senate, Senators Inhofe, Bond, 
Jeffords, and Reid have already demonstrated they can make that process 
work. If the process should break down due to disagreements over either 
transportation policy or extraneous provisions, then we understand he 
and I will not bring such a conference report to the floor.
  Mr. FRIST. That is correct, so long as the Democratic conferees are 
acting in good faith, and I have every expectation they will. Our goal 
is to reach a conference agreement that reflects the balance and broad 
bipartisan consensus S. 1072 achieves. That will be the test of good 
faith for both sides. I think we can do that, and we will not bring a 
bill to the Senate floor if it does not reflect that commitment.
  Mr. DASCHLE. Mr. President, I thank the leader again for his 
leadership. He has agreement from our side, and we look forward to the 
successful conclusion of this important legislation.
  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of the House-passed highway bill, H.R. 
3550; provided further that all after the enacting clause be stricken 
and the text of S. 1072, as passed, with the addition of the amendment 
which is at the desk, be inserted in lieu thereof; the bill then be 
read a third time and passed; further, the Senate then insist on its 
amendment, request a conference with the House, and the Chair then be 
authorized to appoint conferees on the part of the Senate with a ratio 
of 11 to 10.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3219) was agreed to, as follows:


                           amendment no. 3219

       On page 40, line 9, strike ``$50,000,000'' and insert 
     ``$60,000,000''.
       On page 83, line 10, strike ``$50,000,000'' and insert 
     ``$60,000,000''.
       On page 164, between lines 20 and 21, insert the following:
       ``(3) Mitigation in closed basins.--
       ``(A) In general.--A State may use amounts deposited in the 
     State fund for projects to protect existing roadways from 
     anticipated flooding of a closed basin lake, including--
       ``(i) construction--

       ``(I) necessary for the continuation of roadway services 
     and the impoundment of water, as the State determines to be 
     appropriate; or
       ``(II) for a grade raise to permanently restore a roadway 
     the use of which is lost or reduced, or could be lost or 
     reduced, as a result of an actual or predicted water level 
     that is within 3 feet of causing inundation of the roadway in 
     a closed lake basin;

       ``(ii) monitoring, studies, evaluations, design, or 
     preliminary engineering relating to construction; and
       ``(iii) monitoring and evaluations relating to proposed 
     construction.
       ``(B) Reimbursement.--The Secretary may permit a State that 
     expends funds under subparagraph (A) to be reimbursed for the 
     expenditures through the use of amounts made available under 
     section 125(c)(1).
       On page 407, strike lines 3 through 8 and insert the 
     following:
       Section 1214(d)(5)(A) of the Transportation Equity Act for 
     the 21st Century (23 U.S.C. 202 note; 112 Stat. 206) is 
     amended by striking

  The bill (H.R. 3550), as amended, was read the third time and passed.

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