[Congressional Record Volume 154, Number 60 (Wednesday, April 16, 2008)]
[Senate]
[Pages S3084-S3087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4529. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users to 
make technical corrections, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 119, after line 2, insert the following:
       (s) Project Modification.--Section 3044(a) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59) is amended--
       (1) by amending the description for item 160 to read as 
     follows: ``Nebraska Statewide Transit Bus, Bus Facilities and 
     Related Equipment''; and
       (2) by amending the description for item 586 to read as 
     follows: ``Nebraska Department of Roads/Bus, Bus Facilities 
     and Related Equipment Statewide''.
                                 ______
                                 
  SA 4530. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users to 
make technical corrections, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 78, strike lines 3 and 4 and insert the following:
       (386) in item number 4497 by inserting ``, including 
     lighting, landscaping, and pedestrian enhancements from 18th 
     Street to 20th Street and 29th Street to 30th Street'' after 
     ``Cuming Street Transportation improvement project in 
     Omaha'';
       (387) in project number 4506 by inserting ``, including 
     Burt Street lighting, landscaping, and pedestrian 
     enhancements (including burial of certain overhead utilities) 
     from 30th Street to 20th Street'' after ``Cuming Street 
     Transportation Improvement Project in Omaha''; and
       (388) in item number 370 by striking the
       On page 86, strike lines 11 and 12 and insert the 
     following:

     campus in New Rochelle'';
       (25) in item number 276 by inserting ``, including 
     narrowing of 24th Street from Cuming Street to Cass Street 
     and adjacent lighting, landscaping, and pedestrian safety 
     enhancements'' after ``in Omaha''; and
       (26) in item number 462 by striking the project
                                 ______
                                 
  SA 4531. Mr. WEBB (for himself and Mr. Warner) submitted an amendment 
intended to be proposed by him to the bill H.R. 1195, to amend the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users to make technical corrections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 119, after line 2, insert the following:
       (s) Project Modification.--
       (1) In general.--Section 3044(a) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59) is amended--
       (A) by amending the description for item 232 to read as 
     follows: ``WMATA alternatives analysis, environmental 
     assessment, preliminary engineering, design, and construction 
     related to the transfer of WMATA buses from the Alexandria, 
     Virginia Royal Street Bus Garage to an alternate WMATA 
     facility''; and
       (B) by amending the description for item 494 to read as 
     follows: ``WMATA alternatives analysis, environmental 
     assessment, preliminary engineering, design, and construction 
     related to the transfer of WMATA buses from the Alexandria, 
     Virginia Royal Street Bus Garage to an alternate WMATA 
     facility''.
       (2) Authorization.--Amounts for the projects referred to in 
     paragraph (1), as amended, shall remain available through 
     fiscal year 2010.
                                 ______
                                 
  SA 4532. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill H.R. 1195, to amend the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users to make technical corrections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 92, strike lines 15 and 16 and insert the 
     following:

     paving'';
       (3) in item number 72--
       (A) in the column under the heading ``Project 
     description'', by striking ``Widen I-64 Bland Boulevard 
     interchange'' and inserting ``Middle Ground Boulevard 
     Extension Project''; and
       (B) in the column under the heading ``(Dollars in 
     millions)'', by striking ``25.8375'' and inserting 
     ``28.8375'';
       (4) by striking item number 1769; and
       (5) in item number 614 by inserting ``and for
                                 ______
                                 
  SA 4533. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by her to the bill H.R. 1195, to 
amend the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users to make technical corrections, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 78, strike line 3 and all that follows through line 
     8, and insert the following:
       (386) in item number 370 by striking the project 
     description and inserting ``Pedestrian paths, stairs, 
     seating, landscaping, lighting, and other transportation 
     enhancement activities along Riverside Boulevard and at 
     Riverside Park South''; and
       (387) in item number 2406 by striking ``in Fort Worth'' and 
     inserting ``, or Construct SH 199 (Henderson St.) through the 
     Trinity Uptown Project between the West Fork and Clear Fork 
     of the Trinity River, in Fort Worth''.
                                 ______
                                 
  SA 4534. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy

[[Page S3085]]

for Users to make technical corrections, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENFORCEMENT OF FEDERAL LAWS WITH RESPECT TO 
                   TRANSPORTATION OF HOUSEHOLD GOODS.

       Chapter 147 of title 49, United States Code, is amended by 
     striking sections 14710 and 14711 and inserting the 
     following:

     ``Sec. 14710. Enforcement of Federal laws with respect to 
       transportation of household goods

       ``(a) State Enforcement Authority.--Except as provided 
     under subsection (f), if the attorney general or enforcement 
     official of a State has reason to believe that the interests 
     of the residents of that State have been, or are being, 
     threatened or adversely affected by a violation of any 
     consumer protection provision under this title that apply to 
     individual shippers (as determined by the Secretary) and are 
     related to the delivery and transportation of household goods 
     by a household goods motor carrier subject to jurisdiction 
     under subchapter I of chapter 135 of this title, or 
     regulations or orders issued by the Secretary or the Board 
     under such provisions, the State, as parens patriae, may 
     bring a civil action on behalf of its residents in an 
     appropriate district court of the United States to obtain 
     injunctive relief as provided under this section.
       ``(b) Notice to Secretary or Board.--
       ``(1) In general.--Except as provided under paragraph (2), 
     not later than 60 days before initiating a civil action under 
     subsection (a), the State shall submit, to the Secretary or 
     the Board, written notice of such action that includes a copy 
     of the complaint to be filed to initiate such action.
       ``(2) Exception.--If it is not feasible for the State to 
     provide notice to the Secretary or the Board before the 
     deadline under paragraph (1), the State shall provide such 
     notice immediately upon instituting such civil action.
       ``(c) Intervention.--Upon receiving the notice required 
     under subsection (b), the Secretary or the Board--
       ``(1) may intervene in such civil action; and
       ``(2) upon intervening--
       ``(A) shall be heard on all matters arising in such civil 
     action;
       ``(B) shall, upon motion, be substituted for the State in 
     such civil action; and
       ``(C) may file petitions for appeal of a decision in such 
     civil action.
       ``(d) Venue; Service of Process.--In a civil action brought 
     under subsection (a)--
       ``(1) the venue shall be a judicial district in which--
       ``(A) the carrier, foreign motor carrier, or broker 
     operates;
       ``(B) the carrier, foreign motor carrier, or broker was 
     authorized to provide transportation at the time the 
     complaint arose; or
       ``(C) the defendant in the civil action is found;
       ``(2) process may be served without regard to the 
     territorial limits of the district or of the State in which 
     the civil action is instituted; and
       ``(3) a person who participated with the carrier or broker 
     in an alleged violation that is being litigated in the civil 
     action may be joined in the civil action without regard to 
     the residence of the person.
       ``(e) Federal Primary Right of Enforcement.--If the 
     Secretary or Board institutes a civil action or an 
     administrative action under subsection (a), or under any 
     other Act, regulation, or order for which the Secretary or 
     the Board has enforcement authority, no State attorney 
     general, or other official or agency of a State, may bring an 
     action under this section while such action is pending 
     against any defendant named in the complaint of the Secretary 
     or Board for any violation alleged in the complaint.
       ``(f) Reasonable Costs and Attorney Fees.--If a State 
     prevails in any civil action under subsection (a) for a 
     violation of section 13707, the State can recover reasonable 
     costs and attorneys fees from the carrier or broker.
       ``(g) State Compliance Orders.--
       ``(1) In general.--If an individual shipper fails to 
     relinquish possession of household goods in violation of 
     section 13707, a State may issue an order requiring the 
     shipper to comply with such section.
       ``(2) Issuance.--Any order issued under this subsection 
     shall--
       ``(A) be delivered by personal service;
       ``(B) state with reasonable specificity--
       ``(i) the requirements of section 13707;
       ``(ii) the nature of the violation of such section; and
       ``(iii) the penalties available for such violation (as 
     described by section 14915); and
       ``(C) shall specify a date by which the shipper shall 
     comply with the order.
       ``(3) Savings provision.--Action taken by a State under 
     this subsection shall not affect or limit the authority of 
     the State under subsection (a).
       ``(h) Notice to Carrier or Broker.--
       ``(1) Failure to relinquish possession of household 
     goods.--
       ``(A) In general.--Except as provided under subparagraph 
     (C), if a civil action brought under subsection (a) is for a 
     violation of section 13707, the State shall provide notice of 
     the alleged violation to the carrier or broker as soon as the 
     alleged violation becomes known to the State.
       ``(B) Contents.--Notice provided under subparagraph (A)--
       ``(i) shall require that the carrier or broker cure any 
     violation within 24 hours of receipt of the notice;
       ``(ii) may be made in writing or by telephone; and
       ``(iii) if provided by telephone, shall--

       ``(I) be actual notice; and
       ``(II) be followed by subsequent written notification not 
     later than 48 hours after the initial notice.

       ``(C) Compliance order.--The State is not required to 
     provide notice under this paragraph if the State issues a 
     compliance order under subsection (g).
       ``(2) Other violations.--
       ``(A) In general.--If a civil action brought under 
     subsection (a) is not for a violation of section 13707, the 
     State shall provide written notice to the carrier or broker 
     of any civil action under subsection (a) not later than 30 
     days before initiating such action.
       ``(B) Contents.--Notice provided under subparagraph (A) 
     shall--
       ``(i) include a copy of the complaint to be filed to 
     initiate such civil action; and
       ``(ii) provide the carrier or broker with an opportunity to 
     cure the reported violation by mutual agreement between the 
     State and the carrier or broker.
       ``(3) Civil action authorized.--Regardless of whether a 
     carrier or broker cures a violation about which it has 
     received notification from a State under this subsection, the 
     State may file a civil action against the carrier or broker 
     under subsection (a) if the State has complied with the 
     notification requirement under subsection (b).
       ``(i) Construction.--Nothing in this section may be 
     construed to--
       ``(1) prevent the attorney general or enforcement official 
     of a State from exercising the powers conferred on such 
     officials by the laws of such State;
       ``(2) convey a right to initiate or maintain a class action 
     lawsuit in the enforcement of a Federal law or regulation or 
     order; or
       ``(3) prohibit the attorney general of a State, or other 
     authorized State officer, from proceeding in State or Federal 
     court on the basis of an alleged violation of any civil or 
     criminal statute of such State.''.
                                 ______
                                 
  SA 4535. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 1195, to 
amend the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users to make technical corrections, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 39, lines 24 and 25, strike ``in Clifton''.
                                 ______
                                 
  SA 4536. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users to make 
technical corrections, and for other purposes; which was ordered to lie 
on the table; as follows:

       In section 105(a), after paragraph (10), insert the 
     following:
       (11) in item number 334 by striking ``at intersection of 
     Clinton Street and Keith Avenue'';
                                 ______
                                 
  SA 4537. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users to make 
technical corrections, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 57, strike lines 8 through 11 and insert the 
     following:
       (250) in item number 3909 by striking the project 
     description and inserting ``S.R. 281, the Avalon Boulevard 
     Expansion Project from Interstate 10 to U.S. Highway 90'';
                                 ______
                                 
  SA 4538. Mr. COBURN (for himself, Mr. Nelson of Florida, Mr. 
Martinez, Mr. McCain, Mr. Obama, Mrs. Clinton, and Mrs. McCaskill) 
proposed an amendment to amendment SA 4146 proposed by Mrs. Boxer to 
the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users to make technical 
corrections, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. COCONUT ROAD INVESTIGATION.

       (a) Findings.--Congress makes the following findings:
       (1) According to item number 462 of the table contained in 
     section 1934 of the Conference Report on H.R. 3 (109th 
     Congress), which was passed by the Senate and the House of 
     Representatives on July 29, 2005, $10,000,000 was allocated 
     for ``Widening and Improvements for I-75 in Collier and Lee 
     County''.
       (2) According to item number 462 of such table in the 
     enrolled version of H.R. 3 (109th Congress), which was signed 
     into law by the President on August 10, 2005, $10,000,000 was 
     allocated for ``Coconut Rd. interchange I-75/Lee County''.

[[Page S3086]]

       (3) A December 3, 2007, article in the Naples Daily News 
     noted, ``Mysteriously, after Congress voted on the bill but 
     before the president signed it into law, language in the 
     earmark was changed to read: `Coconut Rd. interchange I-75/
     Lee County.' ''.
       (4) Page 824 of Riddick's Senate Procedure notes that 
     ``Concurrent resolutions are used to correct errors in bills 
     when enrolled, or to correct errors by authorizing the re-
     enrollment of a specified bill with the designated changes to 
     be made.''.
       (5) The only concurrent resolution that Congress passed 
     regarding the enrollment of H.R. 3 (H. Con. Res. 226) does 
     not refer to the change made to item 462 of section 1934.
       (6) The secret, unauthorized redirection of $10,000,000 to 
     the ``Coconut Rd. interchange I-75/Lee County'' calls into 
     question the integrity of the Constitution and the 
     legislative process.
       (7) A full and open investigation into this improper change 
     to congressionally-passed legislation is necessary to restore 
     the integrity of the legislative process.
       (b) Preservation of Documentation Relating to the 
     Enrollment of H.R. 3.--Officers and employees of the Senate 
     and the House of Representatives shall take whatever actions 
     may be necessary to preserve all records, documents, e-mails, 
     and phone records relating to the enrollment of H.R. 3 in the 
     109th Congress, including all documents relating to changes 
     made to item 462 of the table contained in section 1934 of 
     such Act, to allocate funding for the Coconut Road 
     interchange in Lee County, Florida.
       (c) Special Committee on Enrollment Irregularities.--
       (1) Establishment.--There is established a select committee 
     of Congress to be known as the Special Committee on 
     Enrollment Irregularities (referred to in this subsection as 
     the ``Committee'').
       (2) Purposes.--The purposes of the Committee are to--
       (A) investigate the improper insertion of substantive new 
     matter into the table contained in section 1934(c) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (Public Law 109-59) after the Act 
     passed the Senate and the House of Representatives on July 
     29, 2005; and
       (B) determine when, how, why, and by whom such improper 
     revisions were made;
       (3) Membership.--The Committee shall be comprised of 8 
     members, of which--
       (A) 2 shall be appointed by the majority leader of the 
     Senate;
       (B) 2 shall be appointed by the minority leader of the 
     Senate;
       (C) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (D) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (4) Authority.--The Committee, consistent with the 
     applicable rules of the Senate or the House of 
     Representatives, may--
       (A) hold such hearings, take such testimony, and receive 
     such documents as the Committee determines necessary to carry 
     out the purposes described in paragraph (2); and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Committee determines necessary.
       (5) Reports.--
       (A) Interim report.--Not later than August 1, 2008, the 
     Committee shall prepare an interim report that details the 
     Committee's findings and make such report available to the 
     public in searchable form on the Internet.
       (B) Final report.--Not later than October 1, 2008, the 
     Committee shall prepare a final report that details the 
     Committee's findings and make such report available to the 
     public in searchable form on the Internet.
       (6) Use of information.--The Committee may share all 
     findings, documents, and information gathered in an 
     investigation under this subsection with--
       (A) the Select Committee on Ethics of the Senate;
       (B) the Committee on Standards of Official Conduct of the 
     House of Representatives; and
       (C) appropriate law enforcement authorities.
                                 ______
                                 
  SA 4539. Mrs. BOXER (for herself, Mrs. Clinton, Mr. Obama, and Mr. 
Nelson of Florida) proposed an amendment to amendment SA 4146 proposed 
by Mrs. Boxer to the bill H.R. 1195, to amend the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users to 
make technical corrections, and for other purposes; as follows:

       At the end of the amendment, insert the following:

     SEC. __. DEPARTMENT OF JUSTICE REVIEW.

       Consistent with applicable standards and procedures, the 
     Department of Justice shall review allegations of impropriety 
     regarding item 462 in section 1934(c) of Public Law 109-59 to 
     ascertain if a violation of Federal criminal law has 
     occurred.
                                 ______
                                 
  SA 4540. Mr. COBURN proposed an amendment to amendment SA 4539 
proposed by Mrs. Boxer (for herself, Mrs. Clinton, Mr. Obama, and Mr. 
Nelson of Florida) to the amendment SA 4146 proposed by Mrs. Boxer to 
the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users to make technical 
corrections, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. COCONUT ROAD INVESTIGATION.

       (a) Findings.--Congress makes the following findings:
       (1) According to item number 462 of the table contained in 
     section 1934 of the Conference Report on H.R. 3 (109th 
     Congress), which was passed by the Senate and the House of 
     Representatives on July 29, 2005, $10,000,000 was allocated 
     for ``Widening and Improvements for I-75 in Collier and Lee 
     County''.
       (2) According to item number 462 of such table in the 
     enrolled version of H.R. 3 (109th Congress), which was signed 
     into law by the President on August 10, 2005, $10,000,000 was 
     allocated for ``Coconut Rd. interchange I-75/Lee County''.
       (3) A December 3, 2007, article in the Naples Daily News 
     noted, ``Mysteriously, after Congress voted on the bill but 
     before the president signed it into law, language in the 
     earmark was changed to read: `Coconut Rd. interchange I-75/
     Lee County.' ''.
       (4) Page 824 of Riddick's Senate Procedure notes that 
     ``Concurrent resolutions are used to correct errors in bills 
     when enrolled, or to correct errors by authorizing the re-
     enrollment of a specified bill with the designated changes to 
     be made.''.
       (5) The only concurrent resolution that Congress passed 
     regarding the enrollment of H.R. 3 (H. Con. Res. 226) does 
     not refer to the change made to item 462 of section 1934.
       (6) The secret, unauthorized redirection of $10,000,000 to 
     the ``Coconut Rd. interchange I-75/Lee County'' calls into 
     question the integrity of the Constitution and the 
     legislative process.
       (7) A full and open investigation into this improper change 
     to congressionally-passed legislation is necessary to restore 
     the integrity of the legislative process.
       (b) Preservation of Documentation Relating to the 
     Enrollment of H.R. 3.--Officers and employees of the Senate 
     and the House of Representatives shall take whatever actions 
     may be necessary to preserve all records, documents, e-mails, 
     and phone records relating to the enrollment of H.R. 3 in the 
     109th Congress, including all documents relating to changes 
     made to item 462 of the table contained in section 1934 of 
     such Act, to allocate funding for the Coconut Road 
     interchange in Lee County, Florida.
       (c) Special Committee on Enrollment Irregularities.--
       (1) Establishment.--There is established a select committee 
     of Congress to be known as the Special Committee on 
     Enrollment Irregularities (referred to in this subsection as 
     the ``Committee'').
       (2) Purposes.--The purposes of the Committee are to--
       (A) investigate the improper insertion of substantive new 
     matter into the table contained in section 1934(c) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (Public Law 109-59) after the Act 
     passed the Senate and the House of Representatives on July 
     29, 2005; and
       (B) determine when, how, why, and by whom such improper 
     revisions were made;
       (3) Membership.--The Committee shall be comprised of 8 
     members, of which--
       (A) 2 shall be appointed by the majority leader of the 
     Senate;
       (B) 2 shall be appointed by the minority leader of the 
     Senate;
       (C) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (D) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (4) Authority.--The Committee, consistent with the 
     applicable rules of the Senate or the House of 
     Representatives, may--
       (A) hold such hearings, take such testimony, and receive 
     such documents as the Committee determines necessary to carry 
     out the purposes described in paragraph (2); and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, documents, tapes, 
     and materials as the Committee determines necessary.
       (5) Reports.--
       (A) Interim report.--Not later than August 2, 2008, the 
     Committee shall prepare an interim report that details the 
     Committee's findings and make such report available to the 
     public in searchable form on the Internet.
       (B) Final report.--Not later than October 1, 2008, the 
     Committee shall prepare a final report that details the 
     Committee's findings and make such report available to the 
     public in searchable form on the Internet.
       (6) Use of information.--The Committee may share all 
     findings, documents, and information gathered in an 
     investigation under this subsection with--
       (A) the Select Committee on Ethics of the Senate;
       (B) the Committee on Standards of Official Conduct of the 
     House of Representatives; and
       (C) appropriate law enforcement authorities.
                                 ______
                                 
  SA 4541. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1195, to amend the

[[Page S3087]]

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users to make technical corrections, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 49, line 18, strike ``160'' and insert ``169''.

                          ____________________