[Congressional Record Volume 154, Number 61 (Thursday, April 17, 2008)]
[Senate]
[Pages S3165-S3169]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4542. Mr. LAUTENBERG submitted an amendment intended to be 
proposed 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; which was ordered to lie on the 
table; as follows:

       On page 124, between lines 7 and 8, insert the following:
       (s) Definition.--Section 14504a(a)(5) of title 49, United 
     States Code, is amended by striking ``title.'' and inserting 
     ``title, except carriers that the unified carrier 
     registration plan board of directors deems appropriate.''.
                                 ______
                                 
  SA 4543. Mr. LAUTENBERG 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 1663 by inserting ``and construct 
     intermodal facilities and fixed guideways in Jersey City'' 
     after ``right-of-way''; and
       (4) in item number 614 by inserting ``and for
                                 ______
                                 
  SA 4544. Ms. LANDRIEU (for herself and Mr. Vitter) 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 110, after line 20, insert the following:
       (e) Project Modification.--The description for item 67 in 
     section 3044(a) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law 
     109-59) is amended to read as follows: ``Union Passenger 
     Terminal Planning and Master Plan and Infrastructure 
     Improvements in Orleans Parish, Louisiana''.
                                 ______
                                 
  SA 4545. Ms. LANDRIEU submitted an amendment intended to be proposed 
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; 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 1483 by striking the project description 
     and inserting ``Lapalco Boulevard Improvements in Jefferson 
     Parish''; and
       (4) in item number 614 by inserting ``and for
                                 ______
                                 
  SA 4546. Mr. SPECTER (for himself and Mr. Casey) submitted an 
amendment intended to be proposed 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; which was ordered to lie 
on the table; as follows:

       On page 8, between lines 17 and 18, insert the following:
       (l) Use of Toll Credits.--Section 120(j)(1) of title 23, 
     United States Code, is amended--
       (1) in subparagraph (A), by striking ``A State'' and 
     inserting ``Subject to subparagraph (D), a State''; and
       (2) by adding at the end the following:
       ``(D) Exception.--Subparagraph (A) shall not apply to the 
     use of Appalachian development highway system funds for any 
     highway project relating to United States Route 219 (Corridor 
     N) in Somerset County, Pennsylvania.''.
                                 ______
                                 
  SA 4547. Mr. STEVENS (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed 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.--The description for item 422 in 
     section 3044(a) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law 
     109-59) in amended to read as follows: ``People Mover Public 
     Transportation System buses and bus facilities, Anchorage, 
     Alaska''.
                                 ______
                                 
  SA 4548. Mr. SPECTER (for himself and Mr. Casey) 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:

       At the appropriate place, insert the following:

     SEC. __. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

       (a) Mileage Extension.--Section 14501(a) of title 40, 
     United States Code is amended by striking ``three thousand 
     and ninety miles'' and inserting ``3,142 miles''.
       (b) Development of Multi-Lane Highway.--
       (1) Authorization.--A multi-lane highway, to be designated 
     as Corridor P-1, shall be developed in Pennsylvania along the 
     route described in paragraph (2) as an extension of the 
     Appalachian development highway system, with intersections 
     and interchanges at appropriate crossroad locations.
       (2) Description.--Corridor P-1 shall--
       (A) extend approximately 52 miles along the alignment of 
     United States Route 15 from its intersection with United 
     States Routes 22 and 322 near Duncannon, Pennsylvania;
       (B) extend northward, crossing the Susquehanna River north 
     of Shamokin Dam, Pennsylvania;
       (C) merge onto Pennsylvania Route 147; and
       (D) proceed northward to the connection with Interstates 80 
     and 180 north of Milton, Pennsylvania.
       (3) Effect on apportionments.--The mileage and the estimate 
     of the costs to complete Corridor P-1 shall not affect 
     apportionments made to Pennsylvania to complete the 
     Appalachian development highway system.
       (4) Federal share.--Federal assistance authorized under 
     section 14501 of title 40, United States Code, shall not be 
     more than 80 percent of the cost of developing a 13-mile 
     segment of Corridor P-1 designated by the Secretary of 
     Transportation.
                                 ______
                                 
  SA 4549. Ms. MURKOWSKI submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; as follows:
       On page 20, strike lines 13 and 14 and insert the 
     following:
       (19) in item number 777 by striking the project description 
     and amount and inserting ``Akutan Airport access'' and 
     $3,500,000'', respectively;
       On page 31, strike lines 20 through 23 and insert the 
     following:
       (98) in item number 161 by striking the project description 
     and amount and inserting ``Construct False Pass causeway and 
     road to the terminus of the south arm breakwater project'' 
     and ``$1,000,000'', respectively;
                                 ______
                                 
  SA 4550. Mr. GRAHAM 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 107, line 4, strike ``and'' and all that follows 
     through line 5, and insert the following:
       (B) by striking paragraph (10); and
       (C) in paragraph (15), by striking ``South Carolina 
     Department of Transportation Light Rail study'' and inserting 
     ``South Carolina Department of Transportation Corridor 
     Study''.
                                 ______
                                 
  SA 4551. Mr. SMITH submitted an amendment intended to be proposed 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; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert:

[[Page S3166]]

       ``In item number 3544, by striking the project description 
     and inserting `Construction of access road including 
     sidewalks, bike lanes, and railroad crossing from Highway 99W 
     to Cascade View Industrial Properties and/or construction of 
     transportation improvements for the Airport Industrial Park, 
     Corvallis.' ''
                                 ______
                                 
  SA 4552. Mr. DODD (for himself, Mr. Shelby, and Mr. Schumer) 
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 117, after line 12, insert the following:
       (8) Modification of terms of section 5338(b)(2)(E) of title 
     49, united states code.--Of the funds authorized for fiscal 
     year 2007 in section 5338(b)(2)(E) of title 49, United States 
     Code, $213,600,000 that is not otherwise designated for 
     specific projects under section 3044(a) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: a 
     Legacy for Users (Public Law 109-59) shall be allocated by 
     the Federal Transit Administration in accordance with the 
     ``Bus and Bus Facilities Discretionary Program Grants Notice 
     of Availability and Solicitation of Grant Applications'' 
     published in the Federal Register on March 23, 2007 (FR 
     13968-13971). Such allocation shall be made within 90 days of 
     enactment of this Act, and the Federal Transit Administration 
     shall notify the appropriate Congressional committees of such 
     allocation 3 days before publication of the Federal Register 
     notice. Allocations of funds pursuant to this paragraph shall 
     be published in the Federal Register not later than 90 days 
     after enactment of this Act.
                                 ______
                                 
  SA 4553. Mrs. HUTCHISON (for herself, Mr. Cornyn, Ms. Landrieu, Mr. 
Stevens, Mrs. Lincoln, Ms. Murkowski, Mr. Martinez, and Mr. Coleman) 
submitted an amendment intended to be proposed 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; which 
was ordered to lie on the table; as follows:

       On page 39, lines 24 and 25, strike ``in Clifton''.
       On page 49, line 18, strike ``160'' and insert ``169''.
       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'';
       On page 78, strike lines 3 and 4 and insert the following:
       (386) in item number 273, by striking the project 
     description and inserting ``Improvements to on/off ramp 
     system from I-10 to Ryan Street (LA 385), including 
     installation of an exit ramp for eastbound traffic on I-10, 
     incorporating, as necessary, portions of Front Street and Ann 
     Street, and including repair and realignment of Lakeshore 
     Drive, and to include the expansion of Contraband Bayou 
     Bridge'';
       (387) in item number 3735 by striking the project 
     description and inserting ``Widening existing Highway 226, 
     including a bypass of Cash and a new connection to Highway 
     49'';
       (388) 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''; and
       (389) in item number 370 by striking the
       On page 107, line 4, strike ``and'' and all that follows 
     through line 5, and insert the following:
       (B) by striking paragraph (10); and
       (C) in paragraph (15), by striking ``South Carolina 
     Department of Transportation Light Rail study'' and inserting 
     ``South Carolina Department of Transportation Corridor 
     Study''.
       On page 114, line 21, strike ``; and'' and insert a 
     semicolon.
       On page 114, strike line 22 and insert the following:
       (xxvi) in item number 422 by striking the project 
     description and inserting ``People Mover Public 
     Transportation System buses and bus facilities, Anchorage, 
     Alaska'';
       (xxvii) in project number 67 by striking the project 
     description and inserting ``Union Passenger Terminal Planning 
     and Master Plan and Infrastructure Improvements in Orleans 
     Parish, Louisiana''; and
       (xxviii) by adding at the end--
                                 ______
                                 
  SA 4554. Mr. CARDIN (for himself, Mr. Warner, Ms. Mikulski, 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:

       At the end of the amendment, insert the following:

     SEC. __. NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF 
                   2008.

       (a) Short Title; Findings.--
       (1) Short title.--This section may be cited as the 
     ``National Capital Transportation Amendments Act of 2008''.
       (2) Findings.--Congress finds as follows:
       (A) Metro, the public transit system of the Washington 
     metropolitan area, is essential for the continued and 
     effective performance of the functions of the Federal 
     Government, and for the orderly movement of people during 
     major events and times of regional or national emergency.
       (B) On 3 occasions, Congress has authorized appropriations 
     for the construction and capital improvement needs of the 
     Metrorail system.
       (C) Additional funding is required to protect these 
     previous Federal investments and ensure the continued 
     functionality and viability of the original 103-mile 
     Metrorail system.
       (b) Federal Contribution for Capital Projects for 
     Washington Metropolitan Area Transit System.--The National 
     Capital Transportation Act of 1969 (sec. 9-1111.01 et seq., 
     D.C. Official Code) is amended by adding at the end the 
     following:


  ``authorization of additional federal contribution for capital and 
                    preventive maintenance projects

       ``Sec. 18.  (a) Authorization.--Subject to the succeeding 
     provisions of this section, the Secretary of Transportation 
     is authorized to make grants to the Transit Authority, in 
     addition to the contributions authorized under sections 3, 
     14, and 17, for the purpose of financing in part the capital 
     and preventive maintenance projects included in the Capital 
     Improvement Program approved by the Board of Directors of the 
     Transit Authority.
       ``(b) Use of Funds.--The Federal grants made pursuant to 
     the authorization under this section shall be subject to the 
     following limitations and conditions:
       ``(1) The work for which such Federal grants are authorized 
     shall be subject to the provisions of the Compact (consistent 
     with the amendments to the Compact described in subsection 
     (d)).
       ``(2) Each such Federal grant shall be for 50 percent of 
     the net project cost of the project involved, and shall be 
     provided in cash from sources other than Federal funds or 
     revenues from the operation of public mass transportation 
     systems. Consistent with the terms of the amendment to the 
     Compact described in subsection (d)(1), any funds so provided 
     shall be solely from undistributed cash surpluses, 
     replacement or depreciation funds or reserves available in 
     cash, or new capital.
       ``(c) Applicability of Requirements For Mass Transportation 
     Capital Projects Receiving Funds Under Federal Transportation 
     Law.--Except as specifically provided in this section, the 
     use of any amounts appropriated pursuant to the authorization 
     under this section shall be subject to the requirements 
     applicable to capital projects for which funds are provided 
     under chapter 53 of title 49, United States Code, except to 
     the extent that the Secretary of Transportation determines 
     that the requirements are inconsistent with the purposes of 
     this section.
       ``(d) Amendments to Compact.--No amounts may be provided to 
     the Transit Authority pursuant to the authorization under 
     this section until the Transit Authority notifies the 
     Secretary of Transportation that each of the following 
     amendments to the Compact (and any further amendments which 
     may be required to implement such amendments) have taken 
     effect:
       ``(1)(A) An amendment requiring that all payments by the 
     local signatory governments for the Transit Authority for the 
     purpose of matching any Federal funds appropriated in any 
     given year authorized under subsection (a) for the cost of 
     operating and maintaining the adopted regional system are 
     made from amounts derived from dedicated funding sources.
       ``(B) For purposes of this paragraph, the term `dedicated 
     funding source' means any source of funding which is 
     earmarked or required under State or local law to be used to 
     match Federal appropriations authorized under this Act for 
     payments to the Transit Authority.
       ``(2) An amendment establishing the Office of the Inspector 
     General of the Transit Authority in accordance with section 3 
     of the National Capital Transportation Amendments Act of 
     2008.
       ``(3) An amendment expanding the Board of Directors of the 
     Transit Authority to include 4 additional Directors appointed 
     by the Administrator of General Services, of whom 2 shall be 
     nonvoting and 2 shall be voting, and requiring one of the 
     voting members so appointed to be a regular passenger and 
     customer of the bus or rail service of the Transit Authority.
       ``(e) Amount.--There are authorized to be appropriated to 
     the Secretary of Transportation for grants under this section 
     an aggregate amount not to exceed $1,500,000,000 to be 
     available in increments over 10 fiscal years beginning in 
     fiscal year 2009, or until expended.
       ``(f) Availability.--Amounts appropriated pursuant to the 
     authorization under this section--
       ``(1) shall remain available until expended; and
       ``(2) shall be in addition to, and not in lieu of, amounts 
     available to the Transit Authority under chapter 53 of title 
     49, United States Code, or any other provision of law.
       ``(g) Access to Wireless Services in Metrorail System.--

[[Page S3167]]

       ``(1) Requiring transit authority to provide access to 
     service.--No amounts may be provided to the Transit Authority 
     pursuant to the authorization under this section unless the 
     Transit Authority ensures that customers of the rail service 
     of the Transit Authority have access within the rail system 
     to services provided by any licensed wireless provider that 
     notifies the Transit Authority (in accordance with such 
     procedures as the Transit Authority may adopt) of its intent 
     to offer service to the public, in accordance with the 
     following timetable:
       ``(A) Not later than 1 year after the date of the enactment 
     of the National Capital Transportation Amendments Act of 
     2008, in the 20 underground rail station platforms with the 
     highest volume of passenger traffic.
       ``(B) Not later than 4 years after such date, throughout 
     the rail system.
       ``(2) Access of wireless providers to system for upgrades 
     and maintenance.--No amounts may be provided to the Transit 
     Authority pursuant to the authorization under this section 
     unless the Transit Authority ensures that each licensed 
     wireless provider who provides service to the public within 
     the rail system pursuant to paragraph (1) has access to the 
     system on an ongoing basis (subject to such restrictions as 
     the Transit Authority may impose to ensure that such access 
     will not unduly impact rail operations or threaten the safety 
     of customers or employees of the rail system) to carry out 
     emergency repairs, routine maintenance, and upgrades to the 
     service.
       ``(3) Permitting reasonable and customary charges.--Nothing 
     in this subsection may be construed to prohibit the Transit 
     Authority from requiring a licensed wireless provider to pay 
     reasonable and customary charges for access granted under 
     this subsection.
       ``(4) Reports.--Not later than 1 year after the date of the 
     enactment of the National Capital Transportation Amendments 
     Act of 2008, and each of the 3 years thereafter, the Transit 
     Authority shall submit to the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Oversight and Government Reform of the House of 
     Representatives a report on the implementation of this 
     subsection.
       ``(5) Definition.--In this subsection, the term `licensed 
     wireless provider' means any provider of wireless services 
     who is operating pursuant to a Federal license to offer such 
     services to the public for profit.''.
       (c) Washington Metropolitan Area Transit Authority 
     Inspector General.--
       (1) Establishment of office.--
       (A) In general.--The Washington Metropolitan Area Transit 
     Authority (referred to in this subsection as the ``Transit 
     Authority'') shall establish in the Transit Authority the 
     Office of the Inspector General (referred to in this 
     subsection as the ``Office''), headed by the Inspector 
     General of the Transit Authority (referred to in this 
     subsection as the ``Inspector General'').
       (B) Definition.--In subparagraph (A), the ``Washington 
     Metropolitan Area Transit Authority'' means the Authority 
     established under Article III of the Washington Metropolitan 
     Area Transit Authority Compact (Public Law 89-774).
       (2) Inspector general.--
       (A) Appointment.--The Inspector General shall be appointed 
     by the vote of a majority of the Board of Directors of the 
     Transit Authority, and shall be appointed without regard to 
     political affiliation and solely on the basis of integrity 
     and demonstrated ability in accounting, auditing, financial 
     analysis, law, management analysis, public administration, or 
     investigations, as well as familiarity or experience with the 
     operation of transit systems.
       (B) Term of service.--The Inspector General shall serve for 
     a term of 5 years, and an individual serving as Inspector 
     General may be reappointed for not more than 2 additional 
     terms.
       (C) Removal.--The Inspector General may be removed from 
     office prior to the expiration of his term only by the 
     unanimous vote of all of the members of the Board of 
     Directors of the Transit Authority, and the Board shall 
     communicate the reasons for any such removal to the Governor 
     of Maryland, the Governor of Virginia, the Mayor of the 
     District of Columbia, the chair of the Committee on 
     Government Reform of the House of Representatives, and the 
     chair of the Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (3) Duties.--
       (A) Applicability of duties of inspector general of 
     executive branch establishment.--The Inspector General shall 
     carry out the same duties and responsibilities with respect 
     to the Transit Authority as an Inspector General of an 
     establishment carries out with respect to an establishment 
     under section 4 of the Inspector General Act of 1978 (5 
     U.S.C. App. 4), under the same terms and conditions which 
     apply under such section.
       (B) Conducting annual audit of financial statements.--The 
     Inspector General shall be responsible for conducting the 
     annual audit of the financial accounts of the Transit 
     Authority, either directly or by contract with an independent 
     external auditor selected by the Inspector General.
       (C) Reports.--
       (i) Semiannual reports to transit authority.--The Inspector 
     General shall prepare and submit semiannual reports 
     summarizing the activities of the Office in the same manner, 
     and in accordance with the same deadlines, terms, and 
     conditions, as an Inspector General of an establishment under 
     section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 
     5). For purposes of applying section 5 of such Act to the 
     Inspector General, the Board of Directors of the Transit 
     Authority shall be considered the head of the establishment, 
     except that the Inspector General shall transmit to the 
     General Manager of the Transit Authority a copy of any report 
     submitted to the Board pursuant to this paragraph.
       (ii) Annual reports to local signatory governments and 
     congress.--Not later than January 15 of each year, the 
     Inspector General shall prepare and submit a report 
     summarizing the activities of the Office during the previous 
     year, and shall submit such reports to the Governor of 
     Maryland, the Governor of Virginia, the Mayor of the District 
     of Columbia, the chair of the Committee on Government Reform 
     of the House of Representatives, and the chair of the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate.
       (D) Investigations of complaints of employees and 
     members.--
       (i) Authority.--The Inspector General may receive and 
     investigate complaints or information from an employee or 
     member of the Transit Authority concerning the possible 
     existence of an activity constituting a violation of law, 
     rules, or regulations, or mismanagement, gross waste of 
     funds, abuse of authority, or a substantial and specific 
     danger to the public health and safety.
       (ii) Nondisclosure.--The Inspector General shall not, after 
     receipt of a complaint or information from an employee or 
     member, disclose the identity of the employee or member 
     without the consent of the employee or member, unless the 
     Inspector General determines such disclosure is unavoidable 
     during the course of the investigation.
       (iii) Prohibiting retaliation.--An employee or member of 
     the Transit Authority who has authority to take, direct 
     others to take, recommend, or approve any personnel action, 
     shall not, with respect to such authority, take or threaten 
     to take any action against any employee or member as a 
     reprisal for making a complaint or disclosing information to 
     the Inspector General, unless the complaint was made or the 
     information disclosed with the knowledge that it was false or 
     with willful disregard for its truth or falsity.
       (E) Independence in carrying out duties.--Neither the Board 
     of Directors of the Transit Authority, the General Manager of 
     the Transit Authority, nor any other member or employee of 
     the Transit Authority may prevent or prohibit the Inspector 
     General from carrying out any of the duties or 
     responsibilities assigned to the Inspector General under this 
     subsection.
       (4) Powers.--
       (A) In general.--The Inspector General may exercise the 
     same authorities with respect to the Transit Authority as an 
     Inspector General of an establishment may exercise with 
     respect to an establishment under section 6(a) of the 
     Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other 
     than paragraphs (7), (8), and (9) of such section.
       (B) Staff.--
       (i) Assistant inspector generals and other staff.--The 
     Inspector General shall appoint and fix the pay of--

       (I) an Assistant Inspector General for Audits, who shall be 
     responsible for coordinating the activities of the Inspector 
     General relating to audits;
       (II) an Assistant Inspector General for Investigations, who 
     shall be responsible for coordinating the activities of the 
     Inspector General relating to investigations; and
       (III) such other personnel as the Inspector General 
     considers appropriate.

       (ii) Independence in appointing staff.--No individual may 
     carry out any of the duties or responsibilities of the Office 
     unless the individual is appointed by the Inspector General, 
     or provides services procured by the Inspector General, 
     pursuant to this subparagraph. Nothing in this clause may be 
     construed to prohibit the Inspector General from entering 
     into a contract or other arrangement for the provision of 
     services under this subsection.
       (iii) Applicability of transit system personnel rules.--
     None of the regulations governing the appointment and pay of 
     employees of the Transit System shall apply with respect to 
     the appointment and compensation of the personnel of the 
     Office, except to the extent agreed to by the Inspector 
     General. Nothing in the previous sentence may be construed to 
     affect clauses (i) and (ii).
       (C) Equipment and supplies.--The General Manager of the 
     Transit Authority shall provide the Office with appropriate 
     and adequate office space, together with such equipment, 
     supplies, and communications facilities and services as may 
     be necessary for the operation of the Office, and shall 
     provide necessary maintenance services for such office space 
     and the equipment and facilities located therein.
       (5) Transfer of functions.--To the extent that any office 
     or entity in the Transit Authority prior to the appointment 
     of the first Inspector General under this subsection carried 
     out any of the duties and responsibilities assigned to the 
     Inspector General under this subsection, the functions of 
     such office or entity shall be transferred to the Office upon 
     the appointment of the first Inspector General under this 
     subsection.
       (d) Study and Report by Comptroller General.--

[[Page S3168]]

       (1) Study.--The Comptroller General shall conduct a study 
     on the use of the funds provided under section 18 of the 
     National Capital Transportation Act of 1969 (as added by this 
     section).
       (2) Report.--Not later than 3 years after the date of the 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Government Reform of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate on the study conducted 
     under paragraph (1).
                                 ______
                                 
  SA 4555. Mr. KENNEDY submitted an amendment intended to be proposed 
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; which was ordered to lie on the table; as follows:

       On page 131, beginning with line 13, strike through line 17 
     on page 13, and insert the following:
       (1) Limitation on liability.--An employer shall not be 
     liable for a violation of section 7 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 207) with respect to a 
     covered employee if the employer proves that--
       (A) the violation occurred in the one-year period beginning 
     on August 10, 2005;
       (B) as of the date of the violation, the employer did not 
     have actual knowledge that section 4142 of Public Law 109-59 
     changed the applicability of section 13(b)(1) of the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 213(b)(1)); and
       (C) the employer's primary reliance on section 13(b)(1) of 
     the Fair Labor Standards Act of 1938 (29 U.S.C. 213(b)(1)) 
     led to the violation.
       (2) Actions to recover amounts previously paid.--Nothing in 
     paragraph (1) shall be construed to establish a cause of 
     action for an employer to recover amounts paid, or agreed to 
     be paid, before the date of enactment of this Act in 
     settlement of, in compromise of, or pursuant to a judgment 
     rendered regarding a claim or potential claim based on an 
     alleged or proven violation of section 7 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 207) occurring in the one-
     year period referred to in paragraph (1)(A) with respect to a 
     covered employee.
       (c) Covered Employee Defined.--In this section, the term 
     ``covered employee'' means an individual--
       (1) who is employed by a motor carrier or motor private 
     carrier (as such terms are defined by section 13102 of title 
     49, United States Code, as amended by section 305 of this 
     Act);
       (2) whose work, in whole or in part, is defined--
       (A) as that of a driver, driver's helper, loader, or 
     mechanic; and
       (B) as affecting the safety of operation of motor vehicles 
     weighing 10,000 pounds or less in transportation on public 
     highways in interstate or foreign commerce, except vehicles--
       (i) designed or used to transport more than 8 passengers 
     (including the driver) for compensation;
       (ii) designed or used to transport more than 15 passengers 
     (including the driver) and not used to transport passengers 
     for compensation; or
       (iii) used in transporting material found by the Secretary 
     of Transportation to be hazardous under section 5103 of title 
     49, United States Code, and transported in a quantity 
     requiring placarding under regulations prescribed by the 
     Secretary under section 5103 of title 49, United States Code; 
     and
       (3) who performs duties on motor vehicles weighing 10,000 
     pounds or less.
  SA 4556. Mr. BAUCUS 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 85, line 18, insert ``sediment control and'' after 
     ``Boulder Creek''.
  SA 4557. Mr. BAUCUS 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 86, line 14, strike the period at the end, insert a 
     semicolon, and insert the following:
       (26) by striking item number 234; and
       (27) in item number 236, by striking ``$10,000,000'' and 
     inserting ``$17,000,000''.
                                 ______
                                 
  SA 4558. Mr. KYL (for himself, Mr. McCain, Mr. Warner, Mr. Burr, Mr. 
Martinez, Mr. Lieberman, Mr. Graham, Mr. Wicker, and Mr. Chambliss) 
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:

       Strike all after the first word and insert the following:

     ___. HIGHWAY FUEL TAX HOLIDAY.

       (a) Temporary Suspension of Highway Fuel Taxes on Gasoline 
     and Diesel Fuel.--
       (1) In general.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline, diesel 
     fuel, and kerosene) is amended by adding at the end the 
     following new subsection:
       ``(f) Temporary Suspension of Taxes on Gasoline and Diesel 
     Fuel.--
       ``(1) In general.--During the applicable period, each rate 
     of tax referred to in paragraph (2) shall be reduced to zero 
     cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are--
       ``(A) the rate of tax otherwise applicable to gasoline 
     under clause (i) of subsection (a)(2)(A), determined with 
     regard to subsection (a)(2)(B) and without regard to 
     subsection (a)(2)(C),
       ``(B) the rate of tax otherwise applicable to diesel fuel 
     under clause (iii) of subsection (a)(2)(A), determined with 
     regard to subsection (a)(2)(B) and without regard to 
     subsection (a)(2)(C), and
       ``(C) the rate of tax otherwise applicable to diesel fuel 
     under paragraph (1) of section 4041(a) with respect to fuel 
     sold for use or used in a diesel-powered highway vehicle.
       ``(3) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means the period beginning on 
     May 26, 2008, and ending on September 1, 2008.
       ``(4) Maintenance of trust fund deposits.--In determining 
     the amounts to be appropriated to the Highway Trust Fund 
     under section 9503 and to the Leaking Underground Storage 
     Tank Trust Fund under 9508, an amount equal to the reduction 
     in revenues to the Treasury by reason of this subsection 
     shall be treated as taxes received in the Treasury under this 
     section or section 4041.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the date of the enactment of this Act.
       (b) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before the tax suspension date, a tax referred to in 
     section 4081(f)(2) of the Internal Revenue Code of 1986 has 
     been imposed under such Code on any liquid, and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this subsection 
     referred to as the ``taxpayer''), against the taxpayer's 
     subsequent semi-monthly deposit of such tax, an amount equal 
     to the excess of the tax paid by the taxpayer over the amount 
     of such tax which would be imposed on such liquid had the 
     taxable event occurred on the tax suspension date.
       (2) Time for filing claims; certifications necessary to 
     file claims.--
       (A) In general.--No credit or refund shall be allowed or 
     made under this subsection--
       (i) unless claim therefor is filed with the Secretary 
     before the date which is 6 months after the tax suspension 
     date, and
       (ii) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the tax suspension date, unless the 
     taxpayer files with the Secretary--

       (I) a certification that the taxpayer has given a credit to 
     such dealer with respect to such liquid against the dealer's 
     first purchase of liquid from the taxpayer subsequent to the 
     tax suspension date, and
       (II) a certification by such dealer that such dealer has 
     given a credit to a succeeding dealer (if any) with respect 
     to such liquid against the succeeding dealer's first purchase 
     of liquid from such dealer subsequent to the tax suspension 
     date.

       (B) Reasonableness of claims certified.--Any certification 
     made under subparagraph (A) shall include an additional 
     certification that the claim for credit was reasonably based 
     on the taxpayer's or dealer's past business relationship with 
     the succeeding dealer.
       (3) Definitions.--For purposes of this subsection--
       (A) the terms ``dealer'' and ``held by a dealer'' have the 
     respective meanings given to such terms by section 6412 of 
     such Code; except that the term ``dealer'' includes a 
     producer, and
       (B) the term ``tax suspension date'' means May 26, 2008.
       (4) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this subsection.
       (c) Floor Stocks Tax.--
       (1) Imposition of tax.--In the case of any liquid on which 
     tax would have been imposed under section 4081 of the 
     Internal Revenue Code of 1986 during the applicable period 
     but for the amendment made by subsection (a), and which is 
     held on the floor stocks tax date by any person, there is 
     hereby imposed a floor stocks tax in an amount equal to the 
     tax which would be imposed on such liquid had the taxable 
     event occurred on the floor stocks tax date.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding a liquid on the 
     floor stocks tax date to which the tax imposed by paragraph 
     (1) applies shall be liable for such tax.

[[Page S3169]]

       (B) Method of payment.--The tax imposed by paragraph (1) 
     shall be paid in such manner as the Secretary shall 
     prescribe.
       (C) Time for payment.--The tax imposed by paragraph (1) 
     shall be paid on or before the date which is 6 months after 
     the floor stocks tax date.
       (3) Definitions.--For purposes of this subsection--
       (A) Held by a person.--A liquid shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made).
       (B) Gasoline and diesel fuel.--The terms ``gasoline'' and 
     ``diesel fuel'' have the respective meanings given such terms 
     by section 4083 of such Code.
       (C) Floor stocks tax date.--The term ``floor stocks tax 
     date'' means September 2, 2008.
       (D) Applicable period.--The term ``applicable period'' 
     means the period described in section 4081(f)(3) of such 
     Code.
       (4) Exception for exempt uses.--The tax imposed by 
     paragraph (1) shall not apply to gasoline or diesel fuel held 
     by any person exclusively for any use to the extent a credit 
     or refund of the tax imposed by section 4081 of such Code is 
     allowable for such use.
       (5) Exception for fuel held in vehicle tank.--No tax shall 
     be imposed by paragraph (1) on gasoline or diesel fuel held 
     in the tank of a motor vehicle.
       (6) Exception for certain amounts of fuel.--
       (A) In general.--No tax shall be imposed by paragraph (1)--
       (i) on gasoline (other than aviation gasoline) held on the 
     floor stocks tax date by any person if the aggregate amount 
     of gasoline held by such person on such date does not exceed 
     4,000 gallons, and
       (ii) on diesel fuel held on such date by any person if the 
     aggregate amount of diesel fuel held by such person on such 
     date does not exceed 2,000 gallons.
     The preceding sentence shall apply only if such person 
     submits to the Secretary (at the time and in the manner 
     required by the Secretary) such information as the Secretary 
     shall require for purposes of this subparagraph.
       (B) Exempt fuel.--For purposes of subparagraph (A), there 
     shall not be taken into account fuel held by any person which 
     is exempt from the tax imposed by paragraph (1) by reason of 
     paragraph (4) or (5).
       (C) Controlled groups.--For purposes of this paragraph--
       (i) Corporations.--

       (I) In general.--All persons treated as a controlled group 
     shall be treated as 1 person.
       (II) Controlled group.--The term ``controlled group'' has 
     the meaning given to such term by subsection (a) of section 
     1563 of such Code; except that for such purposes the phrase 
     ``more than 50 percent'' shall be substituted for the phrase 
     ``at least 80 percent'' each place it appears in such 
     subsection.

       (ii) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of clause (i) shall apply to a group of 
     persons under common control where 1 or more of such persons 
     is not a corporation.
       (7) Other law applicable.--All provisions of law, including 
     penalties, applicable with respect to the taxes imposed by 
     section 4081 of such Code shall, insofar as applicable and 
     not inconsistent with the provisions of this paragraph, apply 
     with respect to the floor stock taxes imposed by paragraph 
     (1) to the same extent as if such taxes were imposed by such 
     section 4081.
       (d) Secretary.--For purposes of this section, the term 
     ``Secretary'' means the Secretary of the Treasury or the 
     Secretary's delegate.
       (e) Benefits of Tax Reduction Should Be Passed on to 
     Consumers.--It is the policy of Congress that--
       (1) consumers immediately receive the benefit of the 
     reduction in taxes resulting from the amendment made by 
     subsection (a), and
       (2) transportation motor fuels producers and other dealers 
     take such actions as necessary to reduce transportation motor 
     fuels prices to reflect such reduction, including immediate 
     credits to customer accounts representing tax refunds allowed 
     as credits against excise tax deposit payments under the 
     floor stocks refund provisions of subsection (b).

                          ____________________