[Congressional Record (Bound Edition), Volume 151 (2005), Part 3]
[House]
[Pages 4182-4225]
[From the U.S. Government Publishing Office, www.gpo.gov]




             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

  Mrs. CAPITO. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 144 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 144

       Resolved, That at any time after the adoption of this 
     resolution the Speaker may, pursuant to clause 2(b) of rule 
     XVIII, declare the House resolved into the Committee of the 
     Whole House on the state of the Union for further 
     consideration of the bill (H.R. 3) to authorize funds for 
     Federal-aid highways, highway safety programs, and transit 
     programs, and for other purposes. No further general debate 
     (except for the final period contemplated in House Resolution 
     140) shall be in order. No further amendment to the bill, as 
     amended, shall be in order except those printed in the report 
     of the Committee on Rules accompanying this resolution. Each 
     such amendment may be offered only in the order printed in 
     the report, may be offered only by a Member designated in the 
     report, shall be considered as read, shall be debatable for 
     the time specified in the report equally divided and 
     controlled by the proponent and an opponent, shall not be 
     subject to amendment, and shall not be subject to a demand 
     for division of the question in the House or in the Committee 
     of the Whole. All points of order against such amendments are 
     waived. At the conclusion of the final period of debate, the 
     Committee shall rise and report the bill, as amended, to the 
     House with such further amendments as may have been adopted. 
     The previous question shall be considered as ordered on the 
     bill and amendments thereto to final passage without 
     intervening motion except one motion to recommit with or 
     without instructions.

  The SPEAKER pro tempore (Mr. Bass). The gentlewoman from West 
Virginia (Mrs. Capito) is recognized for 1 hour.
  Mrs. CAPITO. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentlewoman from New York (Ms. Slaughter), 
pending which I yield myself such time as I may consume. During 
consideration of this resolution, all time yielded is for the purpose 
of debate only.

[[Page 4183]]

  Mr. Speaker, on Wednesday, the Committee on Rules met and granted a 
structured rule for further consideration of H.R. 3, the Transportation 
Equity Act: A Legacy For Users, more commonly referred to as TEA-LU. 
This rule provides for no further general debate, except for the final 
period of 10 minutes contemplated in the House Resolution 140. Finally, 
the rule makes in order the 12 amendments printed in the Committee on 
Rules report and provides for one motion to recommit, with or without 
instructions. Mr. Speaker, the rule we have before us is a fair rule, 
and I believe all Members should be able to support it.
  Mr. Speaker, since October 1, 2003, Federal surface transportation 
programs have been forced to operate on a basis of a short-term 
extension. We are approaching the end of the most recent extension, 
which will expire on May 31, 2005. Our Nation's highways desperately 
need the assurance and stability of a 5-year reauthorization provided 
by H.R. 3.
  As a former member of the House Committee on Transportation and 
Infrastructure, I can appreciate the incredible bipartisan effort that 
has gone into writing this legislation. I would like to applaud the 
efforts of the gentleman from Alaska (Chairman Young) and the gentleman 
from Minnesota (Ranking Member Oberstar) for bringing this legislation 
to the floor in an expedient and bipartisan manner.
  I look forward to the passage of this bill and hope that our 
colleagues in the other body will take swift action.
  The highway bill is a vitally important investment in our Nation's 
surface transportation system and fosters job growth across the 
country. In fact, it is estimated that for every $1 trillion in highway 
funding, 47,500 jobs are created. The highway bill provides $284 
billion in funding for vital programs that will impact citizens across 
the States, improving safety and accessibility.
  In my district, the highway bill represents the strongest step 
forward ever to replace U.S. Route 35, a 2-lane death trap through West 
Virginia's Mason and Putnam counties. U.S. Route 35 is dominated by 
tractor trailers and tanker trucks traveling south from Ohio and north 
from Interstate 64 in Charleston. Far too often, the high volume of 
traffic swallows up local commuters, resulting in tragic motorist 
fatalities.
  With the passage of the highway bill, construction of a new 4-lane 
appropriate to meet the demand will be built, diverting traffic around 
dozens of residential neighborhoods. Mr. Speaker, this is just one 
example from my home district, and there are countless others from 
across the country.
  Mr. Speaker, I am a strong supporter of this legislation, which 
provides for countless improvements in the Nation's surface 
transportation system. The numerous projects and programs authorized by 
this bill will improve our highway systems and the ability of our 
constituents to travel from State to State. To that end, I urge my 
colleagues to support the rule and the underlying bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I want to thank the gentlewoman from West 
Virginia (Mrs. Capito) for yielding me this time, and I yield myself 
such time as I may consume.
  Mr. Speaker, I am supporting this rule, despite the fact that it does 
restrict the amendment process; and while an open rule is generally 
preferable, this rule does allow the House to consider and vote on some 
important amendments, especially the Pascrell-Menendez-LoBiondo anti-
corruption amendment.
  The first rule provided for general debate on H.R. 3 and made in 
order nine Republican amendments, and one that was bipartisan. This 
rule makes in order 10 Republican amendments, including a manager's 
amendment by the gentleman from Alaska (Chairman Young) that was 
drafted in consultation with the Committee on Transportation and 
Infrastructure Democrats and is supported by the gentleman from 
Minnesota (Ranking Member Oberstar).
  I want to again applaud the Committee on Transportation and 
Infrastructure for working together in a truly bipartisan fashion in 
drafting our Nation's massive highway and transit authorization 
legislation.
  Mr. Speaker, H.R. 3 is an all-too-rare example of bipartisanship in 
this body. Negotiations were undertaken, compromises were made on both 
sides, and the diverse transportation needs of all regions of the 
Nation were carefully considered. The final product truly represented 
the priorities of all sides involved, regardless of political 
affiliation. The American people have been well-served by the process, 
and that is what they deserve.
  The rule also makes in order two of the five Democratic amendments 
that were submitted to the Committee on Rules. The first one is by the 
gentleman from California (Mr. Honda) and would allow basic grant funds 
to be used for DWI courts seeking to change the behavior of alcohol or 
drug-dependent offenders arrested while driving or while impaired.
  I am particularly pleased that the second Democratic amendment, the 
anti-graft and anti-corruption amendment by the gentlemen from New 
Jersey (Mr. Pascrell), (Mr. Menendez) and (Mr. LoBiondo), is included 
in this rule. Their vital amendment will allow States to enact anti-
corruption laws, curbing the practice of pay-to-play contracting, 
without losing their Federal aid highway dollars. These laws are 
critical to help stop the threat of real and apparent corruption 
resulting from large political contributions from contractors to 
influence the awarding of public contracts.
  As ludicrous as it seems, the Federal Highway Administration last 
year ruled that a State of New Jersey executive order limiting the size 
of political contributions from government contractors to State 
candidates violated Federal competitive bidding requirements. Had New 
Jersey not suspended this portion of the executive order, that State 
would have lost its Federal highway funding. So unless this amendment 
is adopted, States will not be able to stop contractors from 
contributing to the campaigns of those who may ultimately award these 
contracts.
  I cannot imagine why anyone in this House would want such seemingly 
unethical activity to continue. Ethics and integrity are among the most 
cherished of American values. We, the representatives of the people, 
have a responsibility to lead by example. I fully support the Pascrell-
Menendez-LoBiondo amendment and challenge my colleagues, Republican and 
Democrat alike, to join with me in taking a stand for ethics. Highway 
contractors in America should not have to bribe their way to win 
Federal contracts. We have the power and the responsibility to end this 
today. Vote for this amendment.
  Once again, Mr. Speaker, I want to make it clear that I support H.R. 
3 to reauthorize our Nation's transportation programs. The Committee on 
Transportation and Infrastructure has put together a fair, bipartisan 
bill that will improve our Nation's highways and transit systems.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CAPITO. Mr. Speaker, it is my honor to yield such time as he may 
consume to the gentleman from California (Mr. Lewis), the distinguished 
chairman of the Committee on Appropriations.
  Mr. LEWIS of California. Mr. Speaker, I very much appreciate the 
gentlewoman being so generous with the time available. It is a great 
privilege to work with the Committee on Rules on this very important 
issue that we have been trying to finalize here in the House for a 
couple of years.

                              {time}  1115

  I rise in very strong support of H.R. 39, Transportation Equity Act: 
A Legacy For Users, known as TEA-LU. I want to commend the gentleman 
from Alaska (Mr. Young) and his ranking member, the gentleman from 
Minnesota (Mr. Oberstar) for the effort they put into this package. It 
is a bill that reflects much of the balance of the needs of the Members 
of the House.

[[Page 4184]]

  As the gentleman from Alaska (Mr. Young) will recall, I have spent a 
lot of time working with Members of this committee from the first day I 
walked into the Congress. Years ago, my first committee assignment was 
to the Committee on Public Works, which is the heart of this work 
itself. The chairman believes that a key to a successful 6-year 
transportation bill involves the revenue of the bill itself.
  Indeed, I understand that the chairman has worked rather intently to 
find mechanisms whereby we can be assured that enough money is 
available to meet the many demands across the country, including such 
things as indexing the gas tax, a proposal that I myself was involved 
in many years ago in the State legislature.
  It is a fact that the demands for transportation systems that work 
are a primary national concern. The major lacking regarding that is 
money availability. So I am very much appreciative of the chairman's 
difficulties. I appreciate the gentleman from Alaska's (Mr. Young) 
efforts to meet the enormous demands from the Members across the 
country. My colleague from West Virginia (Mrs. Capito) mentioned an 
item, a highway transportation item, that is very critical to her 
constituency, the people of West Virginia. That can be replicated 
across the country. Almost every district faces these challenges.
  I do, as I speak to the challenge, express also some concern about 
the guarantee within this bill that essentially would suggest where we 
fall short of money under current circumstances, additional funding 
will come by way, or likely come by way, of the general funds.
  As all of the Members know, we are working intently this year to move 
our appropriations bills ahead of schedule and indeed under budget. As 
we go about that, there are a lot of pressures on our dollar 
availability as relates to the general fund.
  So I really rise to express concern about things like the following: 
The funding floors mandated in TEA-LU would require discretionary 
appropriations of about $1.7 billion from the general fund for 2006. 
Because those funds remain short, obviously, such a conflict will 
create difficulty in moving forward with the regular appropriations 
process.
  In addition to the mass transit difficulty that is obvious to anybody 
who will but look, the highway category of TEA-LU guarantees $37.4 
billion in highway budget resources. This is $1.6 billion over the 
President's request of $35.9 billion. As you can see, we have great 
difficulty moving our way through this process and making sense out of 
the budget, too. It is my intention to work very closely with the 
chairman and the ranking member to make sure that these challenges are 
handled in a way that meets all of our needs.
  In turn, I look forward to working with members of the committee and 
the House to try to be responsive to challenges they face relative to 
transportation as well.
  Mr. McGOVERN. Mr. Speaker, I yield 5 minutes to the gentleman from 
New Jersey (Mr. Pallone).
  Mr. PALLONE. Mr. Speaker, I rise in support of the rule and want to 
thank my colleagues on the Committee on Rules for placing in order the 
Pascrell/Menendez/LoBiondo amendment which would protect New Jersey's 
ability to combat the influence money plays in the contracting process 
and also to reaffirm States' rights. As far as I am concerned, this is 
also a States' rights issue and the ability of States to pass 
legislation that would deal with the corruption issues.
  I think you should know, Mr. Speaker, that the buzz word in our State 
these days in New Jersey is ``pay to play.'' Pay to play simply means 
awarding lucrative government contracts to those who have given large 
political contributions. Unfortunately, it has become almost a way of 
life that people get contracts by giving large campaign contributions 
to politicians.
  I do not have to tell anyone here why that becomes a problem. It does 
not basically allow the best contract to go forward, the most 
efficient, the lowest bid, the one that is in the best interest of the 
public.
  It also wastes tax dollars. There have been numerous reports in the 
media in New Jersey about how tax dollars are wasted essentially when 
pay to play is in effect because it means that money that could have 
been perhaps used better for other educational or other government 
functions is, in effect, wasted in the pay to play process.
  So what has happened in New Jersey is that New Jersey has been 
seeking a way to essentially eliminate pay to play.
  Shortly before his resignation, our former governor Jim McGreevy, 
issued an executive order banning pay to play and his successor 
Governor Dick Cody has worked with the legislature to make the ban a 
permanent law. Again, this would be a vital step towards cleaning up 
the influence money plays in the contracting process in New Jersey. The 
problem though is that the rigid contracting rules of the Federal 
Government are putting a serious crimp on our State's attempts to 
foster good government.
  The Federal Highway Administration requires that all contracts go to 
the lowest bidder, and they have said that the New Jersey pay to play 
ban would violate that rule. I know that the gentleman from 
Massachusetts (Mr. McGovern) on the Committee on Rules explained that 
that is patently absurd. There is no reason why the Federal Government 
should block a State's ability to combat political influence, in this 
case, potentially withholding $1 billion in transportation funding that 
is critical to our Nation's most densely populated State.
  I have always had an opinion from a State's rights point of view 
that, if a State wants to go further, in this case, our State trying to 
go further to eliminate corruption and the potential for political 
influence, there is no reason why the Federal Government should stand 
in the way of that. That does not make any sense.
  I should also tell my colleagues that, before you think that the New 
Jersey delegation is just doing this as a parochial issue on the 
highway bill, you should look to your own State. The Highway 
Administration's rules could potentially block similar efforts pending 
in Connecticut and could effect existing anti-corruption laws in 
Kentucky, South Carolina, Ohio and West Virginia. This is not a New 
Jersey specific problem. This is something that the Highway 
Administration could potentially block in a number of other States.
  So I think, for all these reasons, this amendment makes sense. Again, 
I want to thank the Committee on Rules for putting the amendment in 
order. I want to thank particularly my colleagues, the gentleman from 
New Jersey (Mr. Pascrell), the gentleman from New Jersey (Mr. Menendez) 
and the gentleman from New Jersey (Mr. LoBiondo) for sponsoring this 
amendment. But I should say, every one of the Members of the New Jersey 
delegation on a bipartisan basis does support this and is joining us in 
our effort to preserve States' rights and stand up for good government.
  Mrs. CAPITO. Mr. Speaker, I reserve the balance of my time.
  Mr. McGOVERN. Mr. Speaker, I yield 8 minutes to the gentleman from 
New Jersey (Mr. Menendez), the Chair of our Democratic Caucus.
  Mr. MENENDEZ. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, I rise today in support of the rule and the 
transportation bill that our distinguished committee leadership worked 
for so long and so hard to bring to the Floor this week. I commend them 
on a tremendous job in crafting a bill that works within such title 
fiscal constraints, yet still manages to focus on so many of our 
transportation priorities. I want to particularly thank the Committee 
on Rules for making the Pascrell/Menendez/LoBiondo pay to play reform 
amendment in order.
  I appreciate the hard work of the distinguished ranking member, the 
gentlewoman from New York (Ms. Slaughter), who has been a strong 
supporter of our amendment. I want to thank the gentleman from 
Massachusetts (Mr.

[[Page 4185]]

McGovern) for his strong comments in support of the amendment as well.
  Like many here, I had hoped that there would be a lot more money in 
this bill. As a member of the Committee on Transportation and 
Infrastructure, I know how important transportation investment is for 
the good of the Nation as a whole. As the representative of the 13th 
District of New Jersey, which is densely packed with almost every 
transportation mode imaginable, I know firsthand how important this 
investment is for the well-being of the people in our community because 
transportation is more than about getting from one place to another.
  The money we spend in this bill will create jobs, stimulate new 
businesses, revitalize neighborhoods, reduce congestion, clean our air 
and make us more secure. That is why I am disappointed that we have 
been forced to adhere to an unnecessary low level of funding the 
administration has forced upon us.
  Those of us in the New Jersey-New York metropolitan area learned on 
September 11 how important it is to have a multiplicity of 
transportation modes. When the bridges and tunnels out of Manhattan 
were closed, it was ferries that allowed people to evacuate the city to 
New Jersey. When the airports were closed, it was rail service that 
allowed people to travel across the country. September 11 showed us 
that the national security value of making a strong investment in 
multiple modes of transportation is necessary.
  Those of us from New Jersey know particularly well how desperately we 
need the money in this bill. We are the most densely populated State in 
the Nation with very old highways that are desperately in need of 
repair; 71 percent of our major roads are in either poor or mediocre 
condition. Over 36 percent of our highway bridges are either 
structurally deficient or functionally obsolete, far above the national 
average. And despite being the fifth smallest State, we are the 11th 
most traveled on our highways.
  These miles take a toll on our environment. Every county in the State 
has unhealthy levels of ozone, and over half of the counties have 
dangerous levels of airborne soot. By providing enhanced funding for 
public transportation and other pollution control measures, this bill 
will help to clean our air.
  One of the other problems we have in New Jersey is with pay to play. 
That is a process by which contributions, often very large 
contributions, are offered to politicians and State officials with the 
hope of being able to gain a government contract. It is in my mind a 
very corrupting practice and severely undermines the trust and 
credibility of the government.
  What my colleagues and I from New Jersey are trying to do is change 
the nature of that process. Now, this is not merely an issue for New 
Jersey. This is an issue for any State that hopes it can strike a blow 
for clean government by limiting such a corrupting influence. And the 
issue is simply about the right of any State, of any State, to take the 
steps it needs to maintain the trust of its people. Nothing in what we 
are trying to do would force any State to enact a pay to play reform 
law. Nothing in our amendment would alter the competitive bidding 
process one bit.
  The amendment strictly conforms to the ideals behind the current 
Federal highway contracting statute which is to ensure fairness and 
integrity in the awarding of public contracts.
  I for one am surprised that we even need this amendment at all. For 
50 years, Section 441(c) of Title 2 in the U.S. Code has banned 
political contributions from Federal contractors. The Federal 
government clearly recognizes the corrupting influence of pay to play 
and has taken steps to control it, steps that the Federal Highway 
Administration now says that New Jersey is not allowed to take on its 
own.
  Clearly, the Federal Government recognizes that there are situations 
where merely looking for the lowest bidder is not the best way to serve 
the public interest.
  The Securities and Exchange Commission has also enacted its own pay 
to play protection regulation, Rule G-37, which is even stronger than 
the Federal statute in Section 441. Brokers and municipal security 
dealers are forbidden from making political contributions to any 
official who issues municipal securities for 2 years before any 
business can be transacted. The rule was challenged and upheld in 
Federal court. Clearly, the SEC recognized and the courts agreed that 
restricting campaign contributions by people who are looking to do 
business with government is in the public interest and helps maintain 
the public trust.
  I have heard some arguments that the problem with this amendment is 
that it would open the flood gates. Once we add a restriction about 
campaign contributions to highway contracting, this argument goes, we 
will not know where to stop. I strongly disagree.
  First of all, New Jersey's Pay to Play Reform Act is not a highway 
issue. It only became one when the Federal Highway Administration, 
which is apparently not very concerned with Section 441 of the Federal 
law, decided to make it one by withholding New Jersey's highway 
financing.
  Second, we already put a number of restrictions on highway 
contracting and procurement in Federal law. We give, for example, 
priority to minority-owned businesses, veteran-owned businesses, women-
owned businesses, businesses owned by Native Americans or the disabled. 
We do these things because they are right to do and because they serve 
a social good. Limiting campaign contributions by prospective 
contractors is also a social good. It preserves the integrity of the 
government. It preserves the trust of the public in the contracting 
process. And it will very likely save the government money by lowering 
the cost of contracts.
  Mr. Speaker, this amendment is simple. It is straightforward, and it 
is fair. It is also bipartisan and supported by a broad range of good 
government groups, such as Common Cause, the Center of Civic 
Responsibility, and Democracy 21.
  I urge my colleagues, when it comes time, to pass the Pascrell/
Menendez/LoBiondo amendments and the underlying bill so we can protect 
the rights of the States and allow them to combat corruption as they 
see fit. This will apply only to those States that, number one, choose 
to have such legislation for their States, and it will only apply to 
office holders in their States of a State nature.
  I do not think the Federal Government should be telling the States 
that they cannot do that to preserve the trust and integrity of the 
contracting process in their States.
  Mr. Speaker, I thank the gentleman for his gracious amount of time.

                              {time}  1130

  Mr. McGOVERN. Mr. Speaker, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Holt).
  Mr. HOLT. Mr. Speaker, I thank my friend, the gentleman from 
Massachusetts, for yielding me time; and I rise in strong support of 
the amendment offered by the gentlemen from New Jersey (Mr. Pascrell), 
(Mr. Menendez), and (Mr. LoBiondo). The gentleman from New Jersey (Mr. 
Menendez) and before him my other colleagues from Massachusetts have 
stated, I think clearly, what is at stake here.
  New Jerseyans were surprised to learn that the Federal Highway 
Administration recently withheld $260 million in highway funds because 
New Jersey had taken the very important step, I think the landmark 
step, to protect the integrity of contracts. Pay-to-play had become 
something that clearly had to be stopped, and the effort to bring 
integrity in public contracts by limiting political contributions is 
something that New Jersey is not only within its rights to do, but is 
something that should serve as a model for the Nation.
  New Jerseyans were surprised to find that the highway administration 
ruled that New Jersey could not do that or else they would take the 
highway funds away.
  This amendment would clarify the propriety of New Jersey's action. It 
would preserve the ability of States to protect the integrity of public 
contracts, and it is not just New Jersey.

[[Page 4186]]

As the gentlewoman has heard, it would be, I think, to the benefit of 
West Virginia and a number of other States.
  There are plenty of precedents, as the gentleman from New Jersey (Mr. 
Menendez) has pointed out, to support the adoption of this amendment. 
The SEC, the Securities and Exchange Commission, currently has what we 
call a pay-to-play ban in place prohibiting contribution by bond 
traders, and that has been upheld in the courts.
  So this amendment makes sense. It is entirely proper. It would 
benefit many States, and it would make clear that it is not the role of 
the Federal Highway Administration to decide what is and what is not 
ethical political procedure.
  Furthermore, as my colleague, the gentleman from New Jersey (Mr. 
Menendez), has pointed out, this would probably save money. There is 
too much money allocated in contracts for reasons that are not based 
entirely on cost and efficiency.
  So I strongly urge the support of the Pascrell-Menendez-LoBiondo 
amendment.
  Mrs. CAPITO. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. McGOVERN. Mr. Speaker, I yield 5 minutes to the gentleman from 
New Jersey (Mr. Pascrell).
  Mr. PASCRELL. Mr. Speaker, in a letter that went from Suzanne Novak 
on behalf of the Brennan Center for Justice at NYU to the gentleman 
from Alaska (Mr. Young), the honorary chairman of the Committee on 
Transportation and Infrastructure, and the gentleman from Minnesota 
(Mr. Oberstar), ranking member, she wrote in that letter in support of 
the Federal Government supporting States and being very specific about 
the bidding laws in contracting to respond to the collusion or the 
possibilities of collusion that have existed, I can assure my 
colleagues, not only in the State of New Jersey.
  She wrote this: ``Several recent scandals regarding government 
contracting in New Jersey prompted New Jersey to establish a criterion 
of responsibility for government contracting which prohibited the State 
from contracting with an entity that has contributed to a candidate for 
or holder of the office of Governor, or to any State or county 
political party committee, within certain time frames. The executive 
``order of the Governor'' ``explicitly stated that `the growing 
infusion of funds donated by business entities into the political 
process at all level of government has generated widespread cynicism 
among the public that special interest groups are ``buying'' favors 
from elected officeholders.' ''
  Mr. Speaker, the courts have recognized that contributions from 
government contractors present a severe risk of engendering corruption, 
the appearance of corruption and, thus, have generally upheld pay-to-
play contribution bans, and this is what this amendment is all about. 
It is a bipartisan amendment to reform government, to help government 
clean up its act. We have similar laws on the Federal books about 
contracting and bidding. We want to remove cynicism from the public 
about when the government does business that there is proper conditions 
that will be implemented to make sure that it is done according to the 
law.
  Blount v. the SEC was a perfect example. The Securities and Exchange 
Commission made it very clear that if you were going to do some bonding 
work, that if you give a political contribution to the entity 
beforehand, that is rather suspect. So let us remove that possibility. 
There is no doubt, if we do not allow the States to do what the Federal 
Government has on the books, how are we going to justify that?
  This is a win-win situation. Neither party is the source of 
corruption and neither party is privy to virtue; let us accept that. 
Let us also accept that this is a bipartisan amendment, introduced in 
good faith, so that each of the parties, if you will, look good. Not 
only talk the talk but take that extra step to clean up their own acts. 
How can we in this House not permit or allow each of the States to 
provide for cleaner governments?
  This is reality. The Federal law, the court cases have backed up this 
effort. There is no reason under the sun. This is bipartisan. It will 
help both parties and it will reduce the cynicism that exists in many, 
many areas of the public.
  So, Mr. Speaker, this great H.R. 3, the Transportation Equity Act, we 
have worked on it a long time. I have saluted both the Chair, as well 
as the ranking member. I have not heard one cogent argument as to why 
we should not pass and allow States to reform their own act and clean 
up their own acts.
  One criticism I heard is that this is going to open up a Pandora's 
box. The Federal Government has rules on the books already. Are we 
going to tell the Federal Government, you have opened up a Pandora's 
box because you are trying to implement clean-government rules? That is 
absurd. Give me one legal reason why this amendment should not only be 
in order, which it is, but it should not be both sides of the aisle 
supportive. Give me one good legal reason.
  Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume, 
and we have no further requests for time.
  So let me just again say that while I wish the funding level of this 
bill were higher, TEA-LU is a good bill. It is a tribute to the 
gentleman from Alaska (Chairman Young) and the gentleman from Minnesota 
(Ranking Member Oberstar). I urge my colleagues to support it. We also 
will support the rule.
  Mr. Speaker, I yield back my time.
  Mrs. CAPITO. Mr. Speaker, I yield myself such time as I may consume.
  I would like to thank my colleague, the gentleman from Massachusetts, 
and I would like to reiterate as well that this legislation is crucial 
to the continued growth of our economy. We are creating jobs and 
improving the ability of current workers to commute to their places of 
employment, among a myriad of other transportation issues.
  I look forward to the strong bipartisan support of this legislation. 
I urge a ``yes'' vote on the rule and the underlying legislation.
  Mr. ANDREWS. Mr. Speaker, I would like to take this opportunity to 
express my support for the rule, H. Res. 144, to the TEA-LU, H.R. 3, 
bill, which makes in order the Pascrell/Menendez/LoBiondo Pay-to-Play 
amendment. The consideration of this amendment is crucial to restoring 
the integrity of New Jersey's government and to protecting federal 
funds allocated to the State.
  New Jersey government and politics are long overdue for a cleansing. 
For too long, New Jersey taxpayers have paid a corruption tax--the cost 
of decisions made to benefit campaign donors rather than taxpayers. At 
the present time, the New Jersey legislature is attempting to restore 
its integrity by barring companies, who have made political 
contributions to a state government or political party official, from 
receiving state contracts worth more than $17,500. This is a critical 
component of the State's reform package and must be enacted and 
maintained for genuine change to occur in New Jersey.
  Standing in the way of New Jersey's cleansing is the US Department of 
Transportation, USDOT, who has cited concerns that our State's pay-to-
play reform would illegally stifle competition for government 
contracts. New Jersey has challenged the USDOT's decision in the court. 
Currently, the case is pending.
  To weed out the corruption that has plagued our State and resulted in 
our citizens mistrust of their government, the Pascrell/Menendez/
LoBiondo amendment is essential. Consideration and subsequently the 
passage of this amendment are imperative for New Jersey to attain real 
ethical reform.
  Again, I commend the Rules Committee for declaring the Pascrell/
Menendez/LoBiondo Pay-to-Play amendment in order today and urge its 
adoption.
  Mrs. CAPITO. Mr. Speaker, I yield back the balance of my time, and I 
move the previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  The SPEAKER pro tempore (Mrs. Capito). Pursuant to House Resolution 
144 and rule XVIII, the Chair declares the House in the Committee of 
the Whole House on the State of the Union for the further consideration 
of the bill, H.R. 3.

[[Page 4187]]



                              {time}  1140


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the further consideration of 
the bill (H.R. 3) to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes, with Mr. 
Bass (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose on 
Wednesday, March 9, 2005, all amendments pursuant to House Resolution 
140 had been disposed of.
  Pursuant to House Resolution 144, no further general debate, except 
for the final period contemplated in House Resolution 140, is in order.
  Pursuant to House Resolution 144, no further amendment to the bill, 
as amended, shall be in order except those printed in House Report 109-
15. Each amendment may be offered only in the order printed in the 
report, may be offered only by a Member designated in the report, shall 
be considered as read, debatable for the time specified in the report, 
equally divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a demand for 
division of the question.
  It is now in order to consider amendment No. 1 printed in part B of 
House Report 109-15.


             Amendment No. 1 Offered by Mr. Young of Alaska

  Mr. YOUNG of Alaska. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Young of Alaska:
       In item number 1176 of such table contained in section 
     1702, strike ``$10,000,000'' and insert ``$4,000,000''.
       In item number 2455 of such table, strike ``$3,000,000'' 
     and insert ``$2,000,000''.
       In item number 852 of such table, strike ``$750,000'' and 
     insert ``$500,000''.
       In item number 865 of such table, strike ``$9,750,000'' and 
     insert ``$7,500,000''.
       In item number 1222 of such table, strike ``$2,000,000'' 
     and insert ``$1,000,000''.
       In item number 497 of such table, strike ``$2,000,000'' and 
     insert ``$1,000,000''.
       In item number 2083 of such table, strike ``$6,500,000'' 
     and insert ``$6,000,000.''
       In item number 1041 of such table, strike ``$2,500,000'' 
     and insert ``$2,000,000''.
       In item number 1048 of such table, strike ``$3,900,000'' 
     and insert ``$3,000,000''.
       In item number 2737 of such table, strike ``$400,000'' and 
     insert ``$100,000''.
       In item number 3236 of such table, strike ``$400,000'' and 
     insert ``$100,000''.
       In item number 2250 of such table, strike ``$5,000,000'' 
     and insert ``$4,000,000''.
       In item number 2336 of such table, strike ``$21,350,000'' 
     and insert ``$20,000,000''.
       In item number 419 of such table, strike ``$21,400,000'' 
     and insert ``$18,400,000''.
       In item number 2938 of such table, strike ``$610,000'' and 
     insert ``$360,000''.
       In item number 749 of such table, strike ``$500,000'' and 
     insert ``$540,000''.
       In item number 1211 of such table, strike ``$700,000'' and 
     insert ``$1,100,000''.
       In item number 2463 of such table, strike ``$500,000'' and 
     insert ``$1,010,000''.
       In item number 2930 of such table, strike ``$300,000'' and 
     insert ``$350,000''.
       In item number 2954 of such table, strike ``$8,000,000'' 
     and insert ``$9,000,000''.
       In item number 3196 of such table, strike ``lande'' and 
     insert ``lane'' and strike ``5,000,000'' and insert 
     ``14,000,000''.
       In item number 3012 of such table, strike ``$2,500,000'' 
     and insert ``$3,000,000''.
       In item number 1175 of such table, strike ``$6,000,000'' 
     and insert ``$6,500,000''.
       In item number 3259 of such table, strike ``$5,000,000'' 
     and insert ``$6,000,000''.
       In item number 1530 of such table, strike ``$2,000,000'' 
     and insert ``$2,500,000''.
       In item number 1948 of such table, strike ``$555,000'' and 
     insert ``$1,055,000''.
       In item number 2809 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 3065 of such table, strike ``$555,000'' and 
     insert ``$1,055,000''.
       In item number 3276 of such table, strike ``$10,000,000'' 
     and insert ``$11,000,000''.
       In item number 1010 of such table, strike ``$1,000,000'' 
     and insert ``$2,000,000''.
       In item number 549 of such table, strike ``$1,000,000'' and 
     insert ``$1,010,000''.
       In item number 1552 of such table, strike ``$2,000,000'' 
     and insert ``$2,500,000''.
       In item number 1258 of such table, strike ``$2,500,000'' 
     insert ``$3,450,000''.
       In item number 1926 of such table, strike ``$12,500,000'' 
     insert ``$15,000,000''.
       In item number 2016 of such table, strike ``$3,000,000'' 
     insert ``$4,500,000''.
       In item number 3107 of such table, strike ``$1,000,000'' 
     and insert ``$2,000,000''.
       In item number 1331 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 665 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item number 1121 of such table, strike ``$5,000,000'' 
     insert ``$6,000,000''.
       In item number 3303 of such table, strike ``$5,000,000'' 
     insert ``$6,000,000''.
       In item number 347 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item number 1123 of such table, strike ``$1,000,000'' 
     and insert ``$3,000,000''.
       In item number 256 of such table, strike ``12,500,000'' and 
     insert ``$27,000,000''.
       In item number 1935 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 2190 of such table, strike ``$500,000'' and 
     insert ``$1,500,000''.
       In item number 1013 of such table, strike ``$7,000,000'' 
     and insert ``$8,000,000''.
       In item number 1471 of such table, strike ``$3,000,000'' 
     and insert ``$4,000,000''.
       In item number 619 of such table, strike ``$1,000,000'' and 
     insert ``$1,125,000''.
       In item number 2416 of such table, strike ``$750,000'' and 
     insert ``$1,000,000''.
       In item number 2936 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 353 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 661 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 581 of such table, strike ``$7,000,000'' and 
     insert ``$7,200,000''.
       In item number 2714 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 1225 of such table, strike ``Croos Creek 
     Boulevard Widening'' and insert ``Cross Creek Boulevard 
     Widening'' and strike ``$1,000,000'' and insert 
     ``$1,800,000''.
       In item number 2558 of such table, strike ``$3,000,000'' 
     and insert ``$6,000,000''.
       In item number 2423 of such table, strike ``$3,000,000'' 
     and insert ``$6,000,000''.
       In item number 538 of such table, strike ``$1,500,000'' and 
     insert ``$2,000,000''.
       In item number 734 of such table, strike ``$1,500,000'' and 
     insert ``$2,000,000''.
       In item number 3031 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 1002 of such table, strike ``$4,000,000'' 
     and insert ``$4,500,000''.
       In item number 2428 of such table, strike ``$1,500,000'' 
     and insert ``$2,000,000''.
       In item number 3261 of such table, strike ``$1,250,000'' 
     and insert ``$1,750,000''.
       In item number 1537 of such table, strike the project 
     description and insert ``Construct a four lane connection 
     between Rt. 13 and Rt. 45 and upgrades to Netty Green Road in 
     Saline Co Illinois'' and strike ``$1,000,000'' and insert 
     ``$2,000,000''.
       In item number 1779 of such table, strike the project 
     description and insert ``Construction of part of a 230 mile 
     corridor US 67 near Jerseyville and Carrolton, Illinois''.
       In item number 1066 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 767 of such table, strike ``$1,500,000'' and 
     insert ``$2,000,000''.
       In item number 1725 of such table, strike ``$750,000'' and 
     insert ``$2,500,000''.
       In item number 1427 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 1380 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 1062 of such table, strike ``$2,600,000'' 
     and insert ``$3,600,000''.
       In item number 3195 of such table, strike ``$11,000,000'' 
     and insert ``$12,000,000''.
       In item number 329 of such table, strike ``$4,000,000'' and 
     insert ``$6,000,000''.
       In item number 3003 of such table, strike ``$4,000,000'' 
     and insert ``$9,000,000''.
       In item number 2108 of such table, strike ``$4,000,000'' 
     and insert ``$9,000,000''.
       In item number 835 of such table, strike ``$5,000,000'' and 
     insert ``$5,700,000''.
       In item number 3114 of such table, strike ``$5,450,000'' 
     and insert ``$6,150,000''.
       In item number 2668 of such table, strike ``$2,000,000'' 
     and insert ``$2,600,000''.
       In item number 3206 of such table, strike ``$4,000,000'' 
     and insert ``$5,000,000''.
       In item number 2233 of such table, strike ``$1,000,000'' 
     and insert ``$2,000,000''.
       In item number 177 of such table, strike ``Construction of 
     Valleydale Road Flyover, Widening and Improvements'' and 
     insert ``Construction of Valeydale Road Flyover and widening 
     and improvements from US 31 to I-65 (Shelby County Rd 17 '' 
     and strike ``$5,000,000'' and insert ``$6,000,000''.
       In item number 940 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.
       In item number 2887 of such table, strike ``$200,000'' and 
     insert ``$250,000''.
       In item number 2323 of such table, strike ``$100,000'' and 
     insert ``$150,000''.
       In item number 827 of such table, strike ``$100,000'' and 
     insert ``$300,000''.
       In item number 2593 of such table, strike ``$100,000'' and 
     insert ``$200,000''.
       In item number 2395 of such table, strike ``$100,000'' and 
     insert ``$500,000''.
       In item number 2541 of such table, strike ``$100,000'' and 
     insert ``$500,000''.
       In item number 1572 of such table, strike ``$1,000,000'' 
     and insert ``$700,000''.
       In item number 2608 of such table, strike the project 
     description and insert ``CR 52 from US 31 (Pelham) and 
     continuation of CR 52 in Jefferson County, known as Morgan 
     Road, to I-459, including proposed Highway 261 bypass around 
     old town Helena'' and strike ``$15,000,000'' and insert 
     ``$10,000,000''.

[[Page 4188]]

       In item number 1787 of such table, strike ``LA'' and insert 
     ``AL'', strike the project description and insert 
     ``Birmingham Northern Beltline'', and strike ``$800,000'' and 
     insert ``$10,000,000''.
       In item number 2943 of such table, strike ``$4,000,000'' 
     and insert ``$6,000,000''.
       In item number 2623 of such table, strike ``$5,000,000'' 
     and insert ``$5,500,000''.
       In item number 1621 of such table, strike ``$2,500,000'' 
     and insert ``$3,400,000''.
       In item number 1098 of such table, strike ``$900,000'' and 
     insert ``$2,000,000''.
       In item number 3272 of such table, strike ``14,000,000'' 
     and insert ``20,000,000''.
       In item number 1174 of such table, strike ``$3,000,000'' 
     and insert ``$2,000,000''.
       In item number 2534 of such table, strike ``$6,000,000'' 
     and insert ``$5,000,000''.
        In item number 2128 of such table, strike ``$14,000,000'' 
     and insert ``$16,000,000''.
       In item number 3051 of such table, strike ``$4,000,000'' 
     and insert ``$4,500,000''.
       In item number 567 of such table, strike ``$2,000,000'' and 
     insert ``$2,500,000''.
       In item number 3017 of such table, strike ``$1,100,000'' 
     and insert ``$2,100,000''.
       In item number 2735 of such table, strike ``$6,000,000'' 
     and insert ``$7,500,000''.
       In item number 572 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item number 663 of such table, strike ``$4,000,000'' and 
     insert ``$6,000,000''.
       In item number 2942 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 132 of such table, strike ``$2,200,000'' and 
     insert ``$3,200,000''.
       In item number 3055 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 1607 of such table, strike ``$1,000,000'' 
     insert ``$1,200,000''.
       In item number 874 of such table, strike ``$1,400,000'' 
     insert ``$2,000,000''.
       In item number 986 of such table, strike ``$250,000'' 
     insert ``$300,000''.
       In item number 1739 of such table, strike ``$3,600,000'' 
     insert ``$3,900,000''.
       In item number 3234 of such table, strike ``$3,600,000'' 
     insert ``$4,200,000''.
       In item number 540 of such table, strike ``$150,000'' 
     insert ``$275,000''.
       In item number 3132 of such table, strike ``$6,200,000'' 
     and insert ``$8,200,000''.
       In item number 1094 of such table, strike ``$4,100,000'' 
     and insert ``$6,100,000''.
       In item number 49 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item number 1506 of such table, strike ``$8,000,000'' 
     and insert ``$10,000,000''.
       In item number 407 of such table, strike ``$12,000,000'' 
     and insert ``$14,000,000''.
       In item number 1899 of such table, strike ``$3,000,000'' 
     and insert ``$5,000,000''.
       In item number 1166 of such table, strike ``$4,000,000'' 
     and insert ``$6,000,000''.
       In item number 2022 of such table, strike ``$4,000,000'' 
     and insert ``$6,000,000''.
       In item number 1061 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 2277 of such table, strike ``$4,000,000'' 
     and insert ``$5,000,000''.
       In item number 171 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 543 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 1944 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 2824 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 104 of such table, strike ``$4,000,000'' and 
     insert ``$6,000,000''.
       In item number 1851 of such table, strike ``$12,000,000'' 
     and insert ``$14,000,000''.
       In item number 15 of such table, strike ``$4,644,000'' and 
     insert ``$5,000,000''.
       In item number 124 of such table, strike ``$2,500,000'' and 
     insert ``$2,900,000''.
       In item number 2640 of such table, strike ``$4,856,000'' 
     and insert ``$6,000,000''.
       In item number 3074 of such table, strike ``$2,000,000'' 
     and insert ``$2,100,000''.
       In item number 1737 of such table, strike ``$9,000,000'' 
     and insert ``$10,000,000''.
       In item number 1581 of such table, strike ``$1,500,000'' 
     and insert ``$2,000,000''.
       In item number 1631 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 88 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item number 425 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item number 1223 of such table, strike ``$800,000'' and 
     insert ``$1,600,000''.
       In item number 585 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item number 1346 of such table, strike ``$500,000'' and 
     insert ``$750,000''.
       In item number 1669 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 2224 of such table, strike ``$8,000,000'' 
     and insert ``$11,000,000''.
       In item number 702 of such table, strike ``$4,000,000'' and 
     insert ``$6,000,000''.
       In item number 636 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item number 807 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item number 1172 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 2234 of such table, strike ``$1,000,000'' 
     and insert ``$500,000''.
       In item number 3164 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 3219 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 2962 of such table, strike ``Construct'' and 
     insert ``Design and construction''.
       In item number 2469 of such table, strike ``Construction'' 
     and insert ``Design, right of way acquisition, and 
     construction''.
       In item number 2140 of such table, strike ``$6,000,000'' 
     and insert ``$10,000,000''.
       In item number 1106 of such table, strike ``$8,000,000'' 
     and insert ``$10,000,000''.
       In item number 652 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item number 814 of such table, strike ``2,000,000'' and 
     insert ``$3,000,000''.
       In item number 2944 of such table, strike ``$3,000,000'' 
     and insert ``$5,000,000''.
       In item number 434 of such table, strike ``$800,000'' and 
     insert ``$2,800,000''.
       In item number 345 of such table, strike ``$4,500,000'' and 
     insert ``$5,500,000''.
       In item number 1587 of such table, strike ``$3,800,000'' 
     and insert ``$4,300,000''.
       In item number 2753 of such table, strike ``$3,000,000'' 
     and insert ``$3,500,000''.
       In item number 330 of such table, strike ``$2,000,000'' and 
     insert ``$2,500,000''.
       In item number 1255 of such table, strike ``$2,000,000'' 
     and insert ``$2,500,000''.
       In item number 1626 of such table, strike ``$6,000,000'' 
     and insert ``$7,000,000''.
       In item number 3218 of such table, strike ``$3,000,000'' 
     and insert ``$5,000,000''.
       In item number 1031 of such table, strike ``$5,000,000'' 
     and insert ``$7,000,000''.
       In item number 1242 of such table, strike ``$1,000,000'' 
     and insert ``$3,000,000''.
       In item number 403 of such table, strike ``$5,000,000'' and 
     insert ``$9,100,000''.
       In item number 903 of such table, strike ``$4,000,000'' and 
     insert ``$13,500,000''.
       In item number 1617 of such table, strike ``$1,000,000'' 
     and insert ``$2,000,000''.
       In item number 2298 of such table, strike ``$6,000,000'' 
     and insert ``$7,000,000''.
       In item number 2072 of such table, strike ``$1,500,000'' 
     and insert ``$4,000,000''.
       In item number 876 of such table, strike ``$930,000'' and 
     insert ``$1,045,000''.
       In item number 229 of such table, strike ``$930,000'' and 
     insert ``$1,020,000''.
       In item number 1584 of such table, strike ``$780,000'' and 
     insert ``$870,000''.
       In item number 280 of such table, strike ``$680,000'' and 
     insert ``$770,000''.
       In item number 1441 of such table, strike ``$2,430,000'' 
     and insert ``$2,695,000''.
       In item number 690 of such table, strike ``$430,000'' and 
     insert ``$510,000''.
       In item number 2994 of such table, strike ``$620,000'' and 
     insert ``$695,000''.
       In item number 2836 of such table, strike ``$1,000,000'' 
     and insert ``$1,195,000''.
       In item number 2575 of such table, strike ``$1,500,000'' 
     and insert ``$2,500,000''.
       In item number 1101 of such table, strike ``$1,500,000'' 
     and insert ``$2,000,000''.
       In item number 2845 of such table, strike ``$2,000,000'' 
     and insert ``$2,500,000''.
       In item number 2340 of such table, strike ``$1,500,000'' 
     and insert ``$3,000,000''.
       In item number 3203 of such table, strike ``$3,000,000'' 
     and insert ``$4,000,000''.
       In item number 786 of such table, strike ``Eliminate 
     Highway-Railway crossing over US 14 and realignment of US 14, 
     Des Plaines'' and insert ``Reconstruct Highway-Railway 
     crossing over US 14 and realignment of US 14, Des Plaines''.
       In item number 2813 of such table, strike ``$9,000,000'' 
     and insert ``$15,000,000''.
       In item number 1547 of such table, strike ``$30,000,000'' 
     and insert ``$50,000,000''.
       In item number 640 of such table, strike ``$1,500,000'' and 
     insert ``$2,000,000''.
       In item number 1771, of such table, strike ``For rail grade 
     separations identified by the MPO for the Little Rock/North 
     Little Rock metropolitan area, (which may include: Edison 
     Ave.; Springer Blvd; Hwy 89 Extension; McCain/Fairfax; Salem 
     Road'' and insert ``For rail grade separations identified by 
     the MPO for the Little Rock/North Little Rock metropolitan 
     area, (which may include: Edison Ave.; Springer Blvd; Hwy 89 
     Extension; McCain/Fairfax; Salem Road; J.P. Wright Loop; 
     South Loop; Geyer Springs Rd)''.
       In item number 596 of such table, strike ``Allegheny City 
     Urban Runoff Mitigation-eliminate urban highway runoff and 
     the discharge of culverted streams into municipal combined 
     sewers'' and insert ``Allegheny County Urban Runoff 
     Mitigation-eliminate urban highway runoff and the discharge 
     of culverted streams into municipal combined sewers''.
       In item number 1197 of such table, strike ``Construct 
     Shoreline Transportation Enhancement Projects, Guilford, 
     Branford, East Haven'' and insert ``Construct Shoreline 
     Greenway Trail, Guilford, Branford, East Haven''.
       In item number 1741 of such table, strike ``Construct 6 
     mainlines from east of Mercury to east of Wallisville'' and 
     insert ``US 90--Construct 6 mainlines from east of Mercury to 
     east of Wallisville''.
       In item number 2272 of such table, strike ``Build 
     additional staircases, landscape, and other improvements to 
     the municipal bridge at the Holton St. Viaduct in Milwaukee'' 
     and insert ``Build additional staircases, landscape, and 
     other improvements to the marsupial bridge at the Holton St. 
     Viaduct in Milwaukee''.
       In item number 3037 of such table, strike ``Belle Chasse 
     Tunnel'' and insert ``Replacement Bridge for Tunnel, Belle 
     Chasse''.
       In item number 2751 of such table, strike ``Kerner Bridge'' 
     and insert ``Kerner Ferry Bridge, Jefferson Parish''.

[[Page 4189]]

       In item number 2405 of such table, strike ``Acquire lands 
     adjacent to US 101 as part of Southern Santa Clara County 
     Wildlife Corridor Protection and Scenic Enhancement Project'' 
     and insert ``Acquire lands for mitigation adjacent to US 101 
     as part of Southern Santa Clara County Wildlife Corridor 
     Protection and Scenic Enhancement Project'' and strike 
     ``$250,000'' and insert ``$500,000'' .
       In item number 42 of such table, strike ``Access and 
     enhancements to access Lake Belva Deer, Sigourney'' and 
     insert ``Access and transportation enhancements to access 
     Lake Belva Deer, Sigourney'' and strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item number 1429 of such table, strike ``$4,150,000'' 
     and insert ``$4,650,000''.
       In item number 1245 of such table, strike ``$1,000,000'' 
     and insert ``$2,500,000''.
       In item number 2220 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 116 of such table, strike ``NY'' and insert 
     ``WA'' and strike ``Yonkers, New York, Trolley Bus 
     Acquisition'' and insert ``SR 518 3rd lane construction, King 
     County'' and strike ``$300,000'' and insert ``$2,000,000''.
       In item number 2042 of such table, strike ``Construction of 
     vessel impact protection system for TXDOT'' and insert 
     ``Construct a bridge impact protection system for TxDOT''.
       In item number 169 of such table, strike ``TX'' and insert 
     ``AR'' and strike ``Corpus Christi, TX Corpus Regional 
     Transit Authority for maintenance facility improvements'' and 
     insert ``Conway Western Loop--for engineering, rights-of-way, 
     relocations, and continued planning and design'' and strike 
     ``$2,000,000'' and insert ``$500,000''.
       In item number 2552 of such table, strike ``$2,000,000'' 
     and insert ``$3,700,000''.
       In item number 2947 of such table, strike ``$1,200,000'' 
     and insert ``$1,500,000''.
       In item number 261 of such table, strike ``$800,000'' and 
     insert ``$1,600,000''.
       In item number 1569 of such table, strike ``$500,000'' and 
     insert ``$1,000,000''.
       In item number 588 of such table, strike ``Harlem Hospital 
     Parking Garage'' and insert ``Transportation parking facility 
     serving the Harlem Hospital Complex''.
       In item number 2860 of such table, strike ``Add lights to 
     road from Halchita to Mexican Hat on Navajo Mountain'' and 
     insert ``Add lights to road from Halchita to Mexican Hat in 
     the Navajo Nation''.
       In item number 1674 of such table, strike ``Mile 2 W from 
     Mile 12 N to US 83, Hidalgo County'' and insert ``Reconstruct 
     Mile 2 W from Mile 12 N to US 83, Hidalgo County''.
       In item number 630 of such table, strike ``Mile 6 W from US 
     83 to SH 107, Hidalgo County'' and insert ``Reconstruct Mile 
     6 W from US 83 to SH 107, Hidalgo County''.
       In item number 257 of such table, strike ``Construct 
     transportation enhancements on greenway along East River 
     waterfront between East River Park (ERP) and Brooklyn Bridge, 
     and reconstruct South entrance to ERP, in Manhattan'' and 
     insert ``Construct greenway along East River waterfront 
     between East River Park (ERP) and Brooklyn Bridge, and 
     reconstruct South entrance to ERP, in Manhattan''.
       In item number 1862 of such table, strike ``Plan and 
     construct bicycle path, esplanades and ferry landing along 
     New York Bay in Sunset Park, Brooklyn'' and insert ``Plan and 
     construct greenway, bicycle path, esplanades and ferry 
     landing along New York Bay in Sunset Park, Brooklyn''.
       In item number 523 of such table, strike ``To study, design 
     and construct transportation enhancements on the Brooklyn 
     Waterfront Greenway in Red Hook, Greenpoint, and the Navy 
     Yard in Brooklyn'' and insert ``To study, design and 
     construct the Brooklyn Waterfront Greenway in Red Hook, 
     Greenpoint, and the Navy Yard in Brooklyn'' and strike 
     ``$5,000,000'' and insert ``$8,250,000''.
       In item number 2565 of such table, strike ``Study and 
     Implement Enhancement to Avenue U from Mill Avenue to East 
     38th Street and Flatbush Avenue from Avenue T to Avenue V'' 
     and insert ``Study and Implement Traffic and Pedestrian 
     Safety Enhancements to Gerritsen Beach, Brooklyn''.
       In item number 2315 of such table, strike ``Construction of 
     a bicycle / pedestrian off road scenic pathway from the 
     Niagara Falls City Line to the southerly Lewiston Town / 
     Village Line along the Niagara Gorge, Town of Lewiston, 
     Village of Lewi'' and insert ``Construction of a bicycle / 
     pedestrian off road scenic pathway from the Niagara Falls 
     City Line to the southerly Lewiston Town / Village Line along 
     the Niagara Gorge, Town of Lewiston, Village of Lewiston, 
     Niagara County'' and strike ``$1,250,000'' and insert 
     ``$2,750,000''.
       In item number 1144 of such table, strike ``Implement ITS 
     system and apparatus to enhance citywide truck route system 
     on LIE Eastbound Service Road at 74th Street to Caldwell Ave, 
     Grand Ave from 69th Street to Flushing Ave, and Eliot Ave 
     from 6'' and insert ``Implement ITS system and apparatus to 
     enhance citywide truck route system on LIE Eastbound Service 
     Road at 74th Street to Caldwell Ave, Grand Ave from 69th 
     Street to Flushing Ave, and Eliot Ave from 69th Street to 
     Woodhaven Blvd''.
       In item number 2575 of such table, strike ``$1,500,000'' 
     and insert ``$2,500,000''.
       In item number 2436 of such table, strike ``For the 
     Nanticoke City Redevelopment Authority to design, acquire 
     land, and construct a parking garage, streetscaping 
     enhancements, paving, lighting & safety improvements, & 
     roadway redesign in Nanti'' and insert ``For the Nanticoke 
     City Redevelopment Authority to design, acquire land, and 
     construct a parking garage, streetscaping enhancements, 
     paving, lighting and safety improvements, and roadway 
     redesign in Nanticoke''.
       In item number 128 of such table, strike ``WIDENING, CURB 
     AND GUTTER IMPROVEMENTS AS PART OF HWY 33 REDEVELOPMENT 
     PROJECT IN KEARNEY'' and insert ``Widening, curb and gutter 
     improvements on Hwy 92 as part of Hwy 33 Redevleopment 
     Project in Kearney''.
       In item number 491 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item number 1510 of such table, strike ``$18,000,000'' 
     and insert ``$19,000,000''.
       In item number 1865 of such table, strike ``$3,000,000'' 
     and insert ``$3,250,000''.
       In item number 851 of such table, strike ``$4,000,000'' and 
     insert ``$4,200,000''.
       In item number 1947 of such table, strike ``$2,450,000'' 
     and insert ``$3,000,000''.
       In item number 3104 of such table, strike ``$1,000,000'' 
     and insert ``$1,200,000''.
       In item number 2833 of such table, strike ``$600,000'' and 
     insert ``$1,000,000''.
       In item number 2964 of such table, strike ``$250,000'' and 
     insert ``$450,000''.
       In item number 2894 of such table, strike ``$1,000,000'' 
     and insert ``$1,200,000''.
       In item number 1136 of such table, strike ``$3,200,000'' 
     and insert ``$2,750,000''.
       In item number 1188 of such table, strike ``$5,880,000'' 
     and insert ``$6,480,000''.
       In item number 1768 of such table, strike ``$3,220,000'' 
     and insert ``$3,350,000''.
       In item number 3263 of such table, strike ``$1,680,000'' 
     and insert ``$3,420,000''.
       In item number 2807 of such table, strike ``$2,000,000'' 
     and insert ``$2,500,000''.
       In item number 1176 of such table, strike ``$10,000,000'' 
     and insert ``$4,000,000''.
       In item number 2916 of such table, strike ``$1,750,000'' 
     and insert ``$2,000,000''.
       In item number 912 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item number 1625 of such table, strike ``$600,000'' and 
     insert ``$800,000''.
       In item number 2780 of such table, strike ``$600,000'' and 
     insert ``$892,000''.
       In item number 2457 of such table, strike ``$100,000'' and 
     insert ``$108,000''.
       In item number 811 of such table, strike ``$11,000,000'' 
     and insert ``$13,000,000''.
       In item number 164 of such table, strike ``$7,000,000'' and 
     insert ``$17,000,000''.
       In item number 598 of such table, strike ``$4,000,000'' and 
     insert ``$6,000,000''.
       In item number 1493 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 1496 of such table, strike ``$200,000'' and 
     insert ``$2,000,000''.
       In item number 3279 of such table, strike ``$10,750,000'' 
     and insert ``$11,750,000''.
       In item number 2796 of such table, strike ``Plan, Design, 
     and Construct improvements to Virginia Beach Blvd in Virginia 
     Beach and Norfolk'' and insert ``Preliminary Engineer, 
     Design, and Construct improvements to Virginia Beach Blvd in 
     Virginia Beach and Norfolk''.
       In item number 717 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item number 875 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item number 2710 of such table, strike ``$1,000,000'' 
     and insert ``$1,500,000''.
       In item number 860 of such table, strike ``$7,000,000'' and 
     insert ``$9,000,000''.
       In item number 1451 of such table, strike ``$8,000,000'' 
     and insert ``$10,000,000''.
       In item number 264 of such table, strike ``$2,000,000'' and 
     insert ``$4,000,000''.
       In item number 294 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item number 1233 of such table, strike ``$5,750,000'' 
     and insert ``$3,000,000''.
       In item number 234 of such table, strike ``$3,000,000'' and 
     insert ``$3,534,680''.
       In item number 1821 of such table, strike ``$2,000,000'' 
     and insert ``$2,535,000''.
       In item number 3178 of such table, strike ``$1,000,000'' 
     and insert ``$3,000,000''.
       In item number 216 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.
       In item number 2246 of such table, strike ``$3,000,000'' 
     and insert ``$3,500,000''.
       In item number 465 of such table, strike ``$1,500,000'' and 
     insert ``$2,000,000''.
       In item number 710 of such table, insert ``right-of-way 
     acquisition and'' before ``construction'' and strike 
     ``$5,000,000'' and insert ``$6,000,000''.
       In item number 2065 of such table, strike ``$1,000,000'' 
     and insert ``$2,000,000''.
       In item number 3096 of such table, strike ``$1,250,000'' 
     and insert ``$3,250,000''.
       In item number 2371 of such table, strike ``$3,000,000'' 
     and insert ``$4,000,000''.
       In item number 1786 of such table, strike ``$2,930,000'' 
     and insert ``$3,000,000''.
       In item number 576 of such table, strike ``$4,000,000'' and 
     insert ``$9,500,000''.
       In item number 3238 of such table, strike ``$3,000,000'' 
     and insert ``$9,000,000''.
       In item number 2972 of such table, strike ``$3,000,000'' 
     and insert ``$4,000,000''.
       In item number 2103 of such table, strike ``$1,000,000'' 
     and insert ``$2,500,000''.
       In item number 7 of such table, strike ``$1,400,000'' and 
     insert ``$2,000,000''.

[[Page 4190]]

       In item number 155 of such table, strike ``$400,000'' and 
     insert ``$500,000''.
       In item number 1397 of such table, strike ``$400,000'' and 
     insert ``$500,000''.
       In item number 524 of such table, strike ``$75,000'' and 
     insert ``$275,000''.
       In item number 2256 of such table, strike ``$5,000,000'' 
     and insert ``$6,200,000''.
       In item number 2744 of such table, strike ``$1,000,000'' 
     and insert ``$3,000,000''.
       In item number 472 of such table, strike ``$8,000,000'' and 
     insert ``$9,000,000''.
       In item number 1713 of such table, strike ``To plan, design 
     and construct the Northwest Corridor--Western Blvd. Project 
     in Jacksonville, NC'' and insert ``To plan, design, and 
     construct the Northwest Corridor--Western Blvd. Project in 
     Jacksonville, NC'' and strike ``$1,000,000'' and insert 
     ``$2,000,000''.
       In item number 2789 of such table, strike ``$6,000,000'' 
     and insert ``$6,800,000''.
       In item number 2613 of such table, strike ``$3,000,000'' 
     and insert ``$3,500,000''.
       In item number 3181 of such table, strike ``$1,000,000'' 
     and insert ``$1,700,000''.
       In item number 305 of such table, strike ``$10,000,000'' 
     and insert ``$14,400,000''.
       In item number 2343 of such table, strike ``$10,000,000'' 
     and insert ``$5,600,000''.
       In item number 1950 of such table, strike ``$7,000,000'' 
     and insert ``$8,000,000''.
       In item number 2406 of such table, strike ``$7,000,000'' 
     and insert ``$8,000,000''.
       In item number 963 of such table, strike ``$1,750,000'' and 
     insert ``$2,125,000''.
       In item number 1125 of such table, strike ``$750,000'' and 
     insert ``$1,000,000''.
       In item number 2040 of such table, strike ``US Rt 30 
     between Williams St and IL Rt 43 for signals, turn & or 
     deceleration lanes at 80th Ave, Wolf Rd, LincolnWay HS and 
     Locust St'' and insert ``For US Rt 30 intersection signals, 
     turn & deceleration lanes btwn Williams St & IL Rt 43 incl. 
     80th Ave, Wolf Rd, LincolnWay HS & Locust St'' and strike 
     ``$6,000,000'' and insert ``$7,000,000''.
       In item number 2397 of such table, strike ``$4,000,000'' 
     and insert ``$4,500,000''.
       In item number 723 of such table, strike ``$5,500,000'' and 
     insert ``$7,000,000''.
       In item number 1024 of such table, strike ``$6,000,000'' 
     and insert ``$8,000,000''.
       In item number 1087 of such table, strike ``$16,000,000'' 
     and insert ``$2,000,000''.
       In item number 2612 of such table, strike ``$4,000,000'' 
     and insert ``$16,000,000''.
       In item number 2872 of such table, strike ``$2,000,000'' 
     and insert ``$3,000,000''.
       In item number 1333 of such table, strike ``$3,000,000'' 
     and insert ``$4,000,000''.
       In item number 3235 of such table, strike ``$4,000,000'' 
     and insert ``$10,000,000''.
       In item number 71 of such table, strike ``$3,000,000'' and 
     insert ``$5,000,000''.
       In item number 2392 of such table, strike ``$1,000,000'' 
     and insert ``$3,000,000''.
       In item number 2979 of such table, strike ``$1,000,000'' 
     and insert ``$3,000,000''.
       In item number 2662 of such table, strike ``$1,000,000'' 
     and insert ``$2,000,000''.
       In item number 500 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item number 2548 of such table, strike ``Preconstruction 
     studies for improvement to US 22.'' and insert 
     ``Preconstruction studies for improvement to US 22 from 
     Irving Street to Mickley Road.''.
       In item number 1779 of such table, strike ``Construction of 
     part of a 230 mile corridor extending from I-280 at Rock 
     Island to I-270 south of Alton'' and insert ``Construction of 
     part of a 230 mile corridor of US 67 near Jerseyville and 
     Carrollton, Illinois''.
       In item number 1893 of such table, strike ``Construct HSH 
     151'' and insert ``Construct USH 151''.
       In item number 1342 of such table, strike ``Construction of 
     freeway between I-15 and US 395'' and insert ``Construction 
     of new freeway between I-15 and US 395, including new 
     interchange at I-15''.
       In item 1470 of such table, strike ``$2,000,000'' and 
     insert ``$5,000,000''.
       In item 1688 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.
       In item 1734 of such table, strike ``$500,000'' and insert 
     ``$1,000,000''.
       In item 457 of such table, strike ``$450,000'' and insert 
     ``$250,000''.
       In item 490 of such table, strike ``$500,000'' and insert 
     ``$2,500,000''.
       In item 2196 of such table, strike ``$700,000'' and insert 
     ``$900,000''.
       In item 2664 of such table, strike ``NY'' and insert 
     ``NJ''.
       In item 2412 of such table, strike ``$3,000,000'' and 
     insert ``$5,000,000''.
       In item 210 of such table, strike ``$3,400,000'' and insert 
     ``$2,400,000''.
       In item 3233 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item 1552 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item 560 of such table, strike ``$1,500,000'' and insert 
     ``$1,000,000''.
       In item 825 of such table, strike ``$18,496,000'' and 
     insert ``$34,984,000''.
       In item 1525 of such table, strike ``$12,500,000'' and 
     insert ``$14,500,000''.
       In item 1845 of such table, strike ``Walton County'' and 
     insert ``Bay County''.
       In item 3288 of such table, strike ``Walton County'' and 
     insert ``Bay County''.
       In item 2044 of such table, strike ``$1,250,000'' and 
     insert ``$1,500,000''.
       In item 551 of such table, strike ``$1,000,000'' and insert 
     ``$1,250,000''.
       In item 622 of such table, strike ``$1,200,000'' and insert 
     ``$1,550,000''.
       In item 600 of such table, strike ``$1,700,000'' and insert 
     ``$2,200,000''.
       In item 3058 of such table, strike ``$300,000'' and insert 
     ``$500,000''.
       In item 2391 of such table, strike ``$1,400,000'' and 
     insert ``$1,900,000''.
       In item 1479 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item 1112 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item number 1853 of such table, strike ``$7,000,000'' 
     and insert ``$7,800,000''.
       In item number 2803 of such table, strike ``$12,000,000'' 
     and insert ``$15,000,000''.
        In item number 1787 of such table, strike the program 
     description and insert ``LA, US 190 (LA 22 to Little Bayou 
     Castine) Widening'' and strike ``$800,000'' and insert 
     ``$1,000,000''.
       In item number 2071 of such table, strike ``$3,300,000'' 
     and insert ``$4,300,000''.
       In item number 2132 of such table, strike ``$3,300,000'' 
     and insert ``$5,800,000''.
       In item number 3057 of such table, strike ``$15,000,000'' 
     and insert ``$16,000,000''.
       In item number 1835 of such table, strike ``$3,500,000'' 
     and insert ``$7,000,000''.
       In item number 2163 of such table, strike ``$1,500,000'' 
     and insert ``$3,000,000''.
       In item number 1738 of such table, strike ``$2,000,000'' 
     and insert ``$3,500,000''.
       In item number 381 of such table, strike ``$1,500,000'' and 
     insert ``$2,000,000''.
       In item number 75 of such table, strike ``$2,000,000'' and 
     insert ``$3,500,000''.
       In item number 1795 of such table, strike ``$1,500,000'' 
     and insert ``$3,000,000''.
       In item number 2948 of such table, strike ``$500,000'' and 
     insert ``$1,500,000''.
       In item number 642 of such table, strike ``Greenway'' and 
     insert ``bicycle and pedestrian path''.
       In item 1898 of such table, strike ``Improvements to SH412P 
     at I-44 Interchange'' and insert ``Improvements to SH412P at 
     412 interchange''.
       In item 1754 of such table, strike ``$4,500,000'' and 
     insert ``$6,000,000''.
       In item 1488 of such table, strike ``$7,500,000'' and 
     insert ``$8,000,000''.
       In item 970 of such table, strike ``$1,400,000'' and insert 
     ``$7,000,000''.
       In item 3240 of such table, strike ``Construct Railroad 
     Underpass on Hwy 35 in Pierre'' and insert ``Construct 
     Railroad Underpass on Hwy 34 in Pierre''.
       In item 819 of such table, strike ``$1,400,000'' and insert 
     ``$1,000,000''.
       In item 3026 of such table, strike ``Regrade and resurface 
     BIA Route #5 south of Dupree on the Cheyenne River 
     Reservation'' and insert ``Pave and curb Cheyenne River Tribe 
     Route 900, `Chinatown' in Eagle Butte''.
       In item 2080 of such table, strike ``$5,000,000'' and 
     insert ``$7,000,000''.
       In item 2749 of such table, strike ``$5,000,000'' and 
     insert ``$7,000,000''.
       In item 1081 of such table, strike ``$5,000,000'' and 
     insert ``$8,000,000''.
       In item 278 of such table, strike ``$5,000,000'' and insert 
     ``$7,000,000''.
       In item 1085 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item 3013 of such table, strike ``Install countdown 
     devices on pedestrian crossing signals on US Routes 12/20 and 
     50 in Oak Lawn'' and insert ``Improve Streets, Merrionette 
     Park''.
       In item 1128 of such table, strike ``$4,000,000'' and 
     insert ``$10,000,000''.
       In item 1405 of such table, strike ``$15,680,000'' and 
     insert ``$17,180,000''.
       In item 889 of such table, strike ``$7,500,000'' and insert 
     ``$15,000,000''.
       In item 450 of such table, strike ``$2,500,000'' and insert 
     ``$3,500,000''.
       In item 2819 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item 2194 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item 688 of such table, strike ``$3,000,000'' and insert 
     ``$5,000,000''.
       In item 2198 of such table, strike ``$4,000,000'' and 
     insert ``$6,000,000''.
        In item 2835 of such table, strike ``$500,000'' and insert 
     ``$1,500,000''.
       In item 266 of such table, strike ``$1,000,000'' and insert 
     ``$3,000,000.''
       In item 701 of such table, strike ``$1,000,000'' and insert 
     ``$2,000,000''.
       In item 1296 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item 427 of such table, strike ``$3,000,000'' and insert 
     ``$4,000,000''.
       In item 1993 of such table, strike ``$5,500,000'' and 
     insert ``$10,000,000''.
       In item 862 of such table, strike ``$2,000,000'' and insert 
     ``$4,500,000''.
       In item 3027 of such table, strike ``$13,000,000'' and 
     insert ``$15,000,000''.
       In item 1560 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item 259 of such table, strike ``Design, engineering, 
     ROW acquisition and construction for the French Rapids 
     Bridge, City of Brainerd'' and insert ``Corridor study, EIS, 
     and ROW acquisition for a future highway and bridge over the 
     Mississippi River, City of Brainerd''.
       In item 2348 of such table, strike ``$5,000,000'' and 
     insert ``$8,000,000''.
       In item 1458 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.

[[Page 4191]]

       In item 105 of such table, strike ``$5,000,000'' and insert 
     ``$6,000,000''.
       In item 2028 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.
       In item 1474 of such table, strike ``$3,500,000'' and 
     insert ``$4,000,000''.
       In item 2264 of such table, strike ``$3,500,000'' and 
     insert ``$4,000,000''.
       In item 2917 of such table, strike ``$7,000,000'' and 
     insert ``$9,000,000''.
       In item 2189 of such table, strike ``$10,000,000'' and 
     insert ``$22,500,000''.
       In item 3211 of such table, strike ``$2,500,000'' and 
     insert ``$9,500,000''.
       In item 721 of such table, strike ``$1,000,000'' and insert 
     ``$1,200,000''.
       In item 2996 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item 14 of such table, strike ``$2,600,000'' and insert 
     ``$4,850,000''.
       In item 2827 of such table, strike ``$800,000'' and insert 
     ``$1,100,000''.
       In item 2718 of such table, strike ``$1,100,000'' and 
     insert ``$1,300,000''.
       In item 2910 of such table, strike ``$400,000'' and insert 
     ``$600,000''.
       In item 2671 of such table, strike ``$6,000,000'' and 
     insert ``$8,250,000''.
       In item 586 of such table, strike ``$4,000,000'' and insert 
     ``$6,000,000''.
       In item 942 of such table, strike ``$500,000'' and insert 
     ``$1,250,000''.
       In item 2667 of such table, strike ``$6,300,000'' and 
     insert ``$7,000,000''.
       In item 250 of such table, strike ``$5,000,000'' and insert 
     ``$7,000,000''.
       In item 1115 of such table, strike ``$1,000,000'' and 
     insert ``$1,300,000''.
       In item 63 of such table, strike ``$4,500,000'' and insert 
     ``$7,500,000''.
       In item 2446 of such table, strike ``$5,000,000'' and 
     insert ``$5,500,000''.
       In item 447 of such table, strike ``$9,000,000'' and insert 
     ``$10,250,000''.
       In item 2671 of such table, strike ``$6,000,000'' and 
     insert ``$5,750,000''.
       In item 3300 of such table, strike ``$1,250,000'' and 
     insert ``$1,268,245''.
       In item 744 of such table, strike ``$3,500,000'' and insert 
     ``$5,350,000''.
       In item 672 of such table, strike ``$3,000,000'' and insert 
     ``$5,000,000''.
       In item 713 of such table, strike ``$8,000,000'' and insert 
     ``$10,000,000''.
       In item 820 of such table, strike ``$6,000,000'' and insert 
     ``$8,000,000''.
       In item 1241 of such table, strike ``$6,000,000'' and 
     insert ``$8,000,000''.
       In item 2601 of such table, strike ``$4,750,000'' and 
     insert ``$8,000,000''.
       In item 1541 of such table, strike ``$500,000'' and insert 
     ``$900,000''.
       In item 555 of such table, strike ``$2,945,000'' and insert 
     ``$3,850,000''.
       In item 3163 of such table, strike ``$1,750,000'' and 
     insert ``$2,000,000''.
       In item 144 of such table, strike ``$850,000'' and insert 
     ``$1,000,000''.
       In item 3162 of such table, strike ``$1,400,000'' and 
     insert ``$1,410,000''.
       In item 31 of such table, strike ``$1,500,000'' and insert 
     ``$2,000,000''.
       In item 321 of such table, strike ``$2,000,000'' and insert 
     ``$2,068,755''.
       In item 2658 of such table, strike ``$1,600,000'' and 
     insert ``$1,636,000''.
       In item 162 of such table, strike ``$6,500,000'' and insert 
     ``$6,937,000''.
       In item 2076 of such table, strike ``construct I-35 and 
     Lone Elm Road interchange and widen I-35 from 51st St. to 
     59th St., Olathe'' and insert ``Construct I-35 and Lone Elm 
     Road interchange and widen I-35 from 151st St. to 159th St., 
     Olathe''.
       In item number 2465 of such table, strike ``$3,000,000'' 
     and insert ``$200,000,000''.
       In item number 406 of such table, strike ``$3,000,000'' and 
     insert ``$125,000,000''.
       In item number 1938 of such table, strike ``$2,300,000'' 
     and insert ``$7,000,000''.
       In item number 1760 of such table, insert ``or IFA vessel 
     debt repayment for MV Prince of Wales Ferry'' after ``ferry 
     terminal''.
       In item number 1847 of such table, strike ``Construct 
     access road connection from Seward Highway to rail and 
     airport facilities in Seward'' and insert ``Ferry 
     infrastructure at Seward Marine Center''.
       In item 2945 of such table, strike ``$900,000'' and insert 
     ``$7,020,744''.
       In item 2892 of such table, strike ``Reconstruct CSAH 17 
     between Itasca CR 341 and the Scenic State Park entrance to 
     improve safety and structural integrity'' and insert 
     ``Reconstruct CSAH 7 between Itasca CR 341 and the Scenic 
     State Park entrance to improve safety and structural 
     integrity''.
       In item 316 of such table, strike ``$500,000'' and insert 
     ``$1,000,000''.
       In item 768 of such table, strike ``$4,800,000'' and insert 
     ``$5,000,000''.
       In item 2415 of such table, strike ``$1,600,000'' and 
     insert ``$2,000,000''.
       In item 797 of such table, strike ``$1,300,000'' and insert 
     ``$1,400,000''.
       In item 404 of such table, strike ``$2,468,300'' and insert 
     ``$3,000,000''.
        In item 892 of such table, strike ``$500,000'' and insert 
     ``$750,000''.
       In item 2754 of such table, strike ``$2,800,000'' and 
     insert ``$3,000,000''.
        In item 2603 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item 1555 of such table, strike ``$7,000,000'' and 
     insert ``$8,000,000''.
       In item 2853 of such table, strike ``$2,000,000'' and 
     insert ``$2,500,000''.
       In item 3298 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.
       In item 1088 of such table, strike ``$7,500,000'' and 
     insert ``$9,000,000''.
       In item 705 of such table, strike ``$6,500,000'' and insert 
     ``$10,900,000''.
       In item 2837 of such table, strike ``$4,500,000'' and 
     insert ``$5,000,000''.
       In item 848 of such table, strike ``$4,500,000'' and insert 
     ``$5,000,000''.
       In item 834 of such table, strike ``$500,000'' and insert 
     ``$1,000,000''.
       In item 396 of such table, strike ``$500,000'' and insert 
     ``$1,000,000''.
       In item 1284 of such table, strike ``$1,000,000'' and 
     insert ``$3,600,000''.
       In item 1812 of such table, strike ``$21,000,000'' and 
     ``$21,850,000''.
       In item 733 of such table, strike ``$15,000,000'' and 
     insert ``$20,000,000''.
       In item 3220 of such table, strike ``$2,000,000'' and 
     insert ``$4,000,000''.
       In item 430 of such table, strike ``$1,750,000'' and insert 
     ``$2,000,000''.
       In item 592 of such table, strike ``$3,000,000'' and insert 
     ``$3,900,000''.
       In item 2369 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item 3174 of such table, strike ``$10,000,000'' and 
     insert ``$10,700,000''.
       In item 1551 of such table, strike ``$5,000,000'' and 
     insert ``$8,500,000''.
       In item 1032 of such table, strike ``$1,000,000'' and 
     insert ``$4,000,000''.
       In item 930 of such table, strike ``$500,000'' and insert 
     ``$2,500,000''.
       In item 910 of such table, strike ``$16,500,000'' and 
     insert ``$20,000,000''.
       In item 1946 of such table, strike ``Construct Pedestrian 
     Mall and Streetscape Improvements, Wilmore'' and insert 
     ``Construct Pedestrian Mall and Streetscape Improvements on 
     Lexington, College, Walnut and Gilespie Sts, Wilmore''.
       In item 2451 of such table, strike ``3,000,000'' and insert 
     ``$4,400,000''.
       In item 1571 of such table, strike ``$5,500,000'' and 
     insert ``$8,500,000''.
        In item 1226 of such table, strike ``$500,000'' and insert 
     ``$1,400,000''.
       In item 2091 of such table, strike ``$1,700,000'' and 
     insert ``$2,500,000''.
       In item 1453 of such table, strike ``$2,100,000'' and 
     insert ``$3,000,000''.
       In item 1454 of such table, strike ``$1,800,000'' and 
     insert ``$1,900,000''.
       In item 468 of such table, strike ``$3,200,000'' and insert 
     ``$5,000,000''.
       In item 2374 of such table, strike ``$2,000,000'' and 
     insert ``$3,800,000''.
       In item 1289 of such table, strike ``$5,000,000'' and 
     insert ``$6,800,000''.
       In item 1864 of such table, strike ``$550,000'' and insert 
     ``$2,100,000''.
       In item 231 of such table, strike ``$500,000'' and insert 
     ``$1,500,000''.
       In item 1718 of such table, strike ``$10,000,000'' and 
     insert ``$15,000,000''.
       In item 1185 of such table, strike ``$2,250,000'' and 
     insert ``$4,000,000''.
       In item 1293 of such table, strike ``$2,750,000'' and 
     insert ``$3,500,000''.
       In item 822 of such table, strike ``$500,000'' and insert 
     ``$1,250,000''.
       In item 1444 of such table, strike ``$20,000,000'' and 
     insert ``$25,000,000''.
        In item 486 of such table, strike ``$2,500,000'''' and 
     insert ``$5,500,000''.
       In item 2700 of such table, strike ``$1,400,000'' and 
     insert ``$2,400,000''.
       In item 359 of such table, strike ``$8,000,000'' and insert 
     ``$10,000,000''.
       In item 1793 of such table, strike ``$10,650,000'' and 
     insert ``$13,900,000''.
       In item 1943 of such table, strike ``$7,000,000'' and 
     insert ``$8,000,000''.
       In item 2017, of such table, strike ``$2,500,000'' and 
     insert ``$8,000,000''.
       In item 254 of such table, strike ``$2,000,000'' and insert 
     ``$2,500,000''.
       In item 2685 of such table, strike ``$10,000,000'' and 
     insert ``$15,000,000''.
       In item 2442 of such table, strike ``$10,000,000'' and 
     insert ``$15,000,000''.
       In item 2443 of such table, strike ``$700,000'' and insert 
     ``$800,000''.
       In item 878 of such table, strike ``$2,500,000'' and insert 
     ``$4,000,000''.
       In item 3004 of such table, strike ``$2,500,000'' and 
     insert ``$4,000,000''.
       In item 1583 of such table, strike ``Construct railroad 
     overpass spanning three mile section of SR501 from MP 0 and 
     MP 3'' and insert ``Improve NE 10th Avenue in Vancouver''.
       In item 1423 of such table, strike ``$10,000,000'' and 
     insert ``$12,854,000''.
        In item 2756 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
        In item 744 of such table, strike ``$3,500,000'' and 
     insert ``$4,500,000''.
       In item 1212 of such table, strike ``$1,354,000'' and 
     insert ``$2,000,000''.
       In item 2095 of such table, strike ``Improve Willapa Hills 
     bicycle and pedestrian trail between Rainbow Falls State Park 
     and Adna'' and insert ``Improve Willapa Hills bicycle and 
     pedestrian trail between Chehalis and Pacific County'' and 
     strike ``$200,000'' and insert ``$700,000''.
       In such table, strike item 922.
       In item 2152 of such table, strike ``$500,000'' and insert 
     ``$600,000''.
       In item 2969 of such table, strike ``$200,000'' and insert 
     ``$250,000''.

[[Page 4192]]

       In item 2110 of such table, strike ``$4,300,000'' and 
     insert ``$5,000,000''.
       In item 1103 of such table, strike ``$11,350,000'' and 
     insert ``$12,000,000''.
       In item 249 of such table, strike ``$1,000,000'' and insert 
     ``$3,000,000''.
       In item 2925 of such table, strike ``$2,000,000'' and 
     insert ``$4,000,000''.
       In item 901 of such table, strike ``$2,000,000'' and insert 
     ``$4,000,000''.
       In item 1970 of such table, strike ``$3,300,000'' and 
     insert ``$4,000,000''.
       In item 2359 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item 853 of such table, strike ``$3,000,000'' and insert 
     ``$3,500,000''.
       In item 1871 of such table, strike ``$5,000,000'' and 
     insert ``$7,000,000''.
       In item 429 of such table, strike ``$10,000,000'' and 
     insert ``$11,000,000''.
       In item 3244 of such table, strike ``$5,000,000'' and 
     insert ``$7,000,000''.
       In item 2606 of such table, strike ``$6,000,000'' and 
     insert ``$10,000,000''.
        In item 1214 of such table, strike ``$5,200,000'' and 
     insert ``$6,200,000''.
       In item 2794 of such table, strike ``$9,000,000'' and 
     insert ``$10,000,000''.
       In item 2478 of such table, strike ``$4,500,000'' and 
     insert ``$5,700,000''.
       In item 2462 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item 1198 of such table, strike ``Highway Improvements 
     in Liberty Corridor'' and insert ``Transportation 
     Improvements in Liberty Corridor''.
       In item 759 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of PS 114'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of PS Q114''.
       In item 552 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of PS 200'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of PS Q200''.
       In item 1382 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of PS 124'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of PS K124''.
       In item 203 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of PS 277'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of PS K277''.
       In item 2553 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of PS 81'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of PS X81''.
       In item 1897 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of IS 194'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of IS X194''.
       In item 1071 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of IS 72/PS 69'' and 
     insert ``Install Improvements for Pedestrian Safety including 
     in the vicinity of IS R72/PS R69''.
       In item 879 of such table, strike ``Install Improvements 
     for Pedestrian Safety in the vicinity of PS 153'' and insert 
     ``Install Improvements for Pedestrian Safety including in the 
     vicinity of PS Q153''.
       In item 1507 of such table, strike ``$50,000'' and insert 
     ``$550,000''.
       In item 2181 of such table, strike ``Queens and Brooklyn 
     County Graffiti Elimination Program including Kings Highway 
     from Ocean Parkway to McDonald Avenue'' and insert ``Queens, 
     Bronx, and Kings, and Richmond County Graffiti Elimination 
     Program including Kings Highway from Ocean Parkway to 
     McDonald Avenue'' and strike ``$4,000,000'' and insert 
     ``$6,250,000''.
       In item 2092 of such table, strike ``$300,000'' and insert 
     ``$1,300,000''.
       In item 221 of such table, strike ``$1,000,000'' and insert 
     ``$2,000,000''.
       In item 2129 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item 2592 of such table, strike ``$8,000,000'' and 
     insert ``$10,000,000''.
       In item 2960 of such table, strike ``$2,500,000'' and 
     insert ``$5,000,000''.
       In item 756 of such table, strike ``$2,000,000'' and insert 
     ``$2,700,000''.
       In item 431 of such table, strike ``$2,000,000'' and insert 
     ``$2,300,000''.
       In item 2012 of such table, strike ``$750,000'' and insert 
     ``$1,000,000''.
       In item 1147 of such table, strike ``$900,000'' and insert 
     ``$1,000,000''.
       In item 2134 of such table, strike ``$11,150,000'' and 
     insert ``$12,000,000''.
       In item 2625 of such table, strike ``$2,850,000'' and 
     insert ``$4,000,000''.
       In item 3154 of such table, strike ``$4,800,000'' and 
     insert ``$6,000,000''.
       In item 1495 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item 1978 of such table, strike ``$1,750,000'' and 
     insert ``$3,000,000''.
       In item 2326 of such table, strike ``$2,850,000'' and 
     insert ``$5,000,000''.
       In item 3087 of such table, strike ``$4,750,000'' and 
     insert ``$5,000,000''.
       In item 2458 of such table, strike ``$5,700,000'' and 
     insert ``$6,000,000''.
       In item 1859 of such table, strike ``$3,700,000'' and 
     insert ``$5,700,000''.
       In item 1820 of such table, strike ``$3,700,000'' and 
     insert ``$4,700,000''.
       In item 2531 of such table, strike ``$1,000,000'' and 
     insert ``$2,000,000''.
       In item 563 of such table, strike ``Improvement of 
     intersection at Aviation Blvd. and Rosecrans Ave. to reduce 
     congestion'' and insert ``Improvement of intersection at 
     Aviation Blvd. and Rosecrans Ave. to reduce congestion, City 
     of Hawthorne''.
       In item 2024 of such table, strike ``Realignment of La Brea 
     Avenue to reduce congestion'' and insert ``Realignment of La 
     Brea Avenue to reduce congestion, City of Inglewood''.
       In item 2906 of such table, strike ``Improvement of 
     intersection at Inglewood Ave and Marine Ave to reduce 
     congestion'' and insert ``Improvement of intersection at 
     Inglewood Ave and Marine Ave to reduce congestion, City of 
     Lawndale''.
       In item 1892 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item 2040 of such table, strike the project description 
     and insert ``For US Rt. 30 intersection signals, turn and 
     declaration lanes between Williams St. and IL Rt 43 incl. 
     80th Ave., Wolf Rd, Lincoln Way HS and Locust St'', and also 
     strike ``$6,000,000'' and insert ``$7,000,000''.
       In item 2410 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item 2789 of such table, strike ``$3,000,000'' and 
     insert ``$3,500,000''.
       In item 110 of such table, strike ``Intersection 
     improvements at Highland and Bishop Roads in the City of 
     Highland Heights, OH'' and insert ``Construct Highland Road 
     pedestrian path and intersection improvements at Highland and 
     Bishop Roads in the City of Highland Heights, OH''.
       In item 2893 of such table, strike ``$5,000,000'' and 
     insert ``$6,500,000''.
       In item 3247 of such table, strike ``$5,000,000'' and 
     insert ``$8,000,000''.
       In item 405 of such table, strike ``$3,000,000'' and insert 
     ``$6,500,000''.
       In item 1026 of such table, strike ``$6,4000,000'' and 
     insert ``$7,150,000''.
       In item 1034 of such table, strike ``I-76'' and insert ``I-
     78''.
       In item 1099 of such table, strike ``$6,400,000'' and 
     insert ``$7,150,000''.
       In item 1149 of such table, strike ``$12,300,000'' and 
     insert ``$14,300,000''.
       In item 1156 of such table, strike ``$5,000,000'' and 
     insert ``$6,000,000''.
       In item 1246 of such table, strike ``$400,000'' and insert 
     ``$500,000''.
       In item 1320 of such table, strike ``$500,000'' and insert 
     ``$650,000''.
       In item 1332 of such table, strike ``I-10'' and insert ``I-
     49''.
       In item 1348 of such table, strike ``$2,000,000'' and 
     insert ``$5,000,000''.
       In item 1385 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item 1478 of such table, strike ``$5,600,000'' and 
     insert ``$15,550,000''.
       In item 1508 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item 1548 of such table, strike ``$2,000,000'' and 
     insert ``$2,700,000''.
       In item 181 of such table, strike ``$7,700,000'' and insert 
     ``$8,700,000''.
       In item 1832 of such table, strike ``$3,750,000'' and 
     insert ``$4,250,000''.
       In item 194 of such table, strike ``$375,000'' and insert 
     ``$425,000''.
       In item 2004 of such table, strike ``$2,000,000'' and 
     insert ``$3,000,000''.
       In item 2038 of such table, strike ``$6,000,000'' and 
     insert ``$7,000,000''.
       In item 207 of such table, strike ``$15,000,000'' and 
     insert ``$17,000,000''.
       In item 2126 of such table, strike ``$400,000'' and insert 
     ``$500,000''.
       In item 2139 of such table, strike ``$2,350,000'' and 
     insert ``$3,850,000''.
       In item 2211 of such table, strike ``$4,480,000'' and 
     insert ``$6,480,000''.
       In item 2231 of such table, strike ``Teir'' and insert 
     ``Tier''.
       In item 2303 of such table, strike ``Rebuild Yakima Highway 
     within city limits of Sunnyside, WA'' and insert ``Cultural & 
     Interpretive Center (Hanford Reach National Monument) 
     facility, Richland, WA''.
       In item 2425 of such table, strike ``$5,000,000'' and 
     insert ``$2,000,000''.
       In item 2580 of such table, strike ``$1,400,000'' and 
     insert ``$1,500,000''.
       In item 2627 of such table, strike ``$14,000,000'' and 
     insert ``$16,000,000''.
       In item 2656 of such table, strike ``$9,000,000'' and 
     insert ``$9,750,000''.
       In item 2795 of such table, strike ``Construct I-66 east of 
     Somerset, Kentucky in Pulaski County to I-75 at London, 
     Kentucky'' and insert ``Construct Northern Bypass of 
     Somerset, KY and I-66 from the Cumberland Parkway west of 
     Somerset, KY to I-75 south of London, KY'' and strike 
     ``$7,000,000'' and insert ``$35,000,000''.
       In item 2984 of such table, strike ``$3,120,000'' and 
     insert ``$1,800,000''.
       In item 2997 of such table, strike ``$5,000,000'' and 
     insert ``$6,000,000''.
       In item 3001 of such table, strike ``$725,000'' and insert 
     ``$750,000''.
       In item 3007 of such table, strike ``$3,000,000'' and 
     insert ``$4,000,000''.
       In item 3034 of such table, strike ``$1,500,000'' and 
     insert ``$2,800,000''.
       In item 3040 of such table, strike ``$8,000,000'' and 
     insert ``$18,000,000''.
       In item 3071 of such table, strike ``$4,000,000'' and 
     insert ``$5,000,000''.
       In item 3141 of such table, strike ``$4,200,000'' and 
     insert ``$3,500,000''.

[[Page 4193]]

       In item 3166 of such table, strike ``from mile post 117.5 
     to milepost 118.5''.
       In item 317 of such table, strike ``$1,210,000'' and insert 
     ``$3,210,000''.
       In item 3208 of such table, strike ``$5,000,000'' and 
     insert ``$6,000,000''.
       In item 3228 of such table, strike ``$5,600,000'' and 
     insert ``$13,900,000''.
       In item 3236 of such table, strike ``$400,000'' and insert 
     ``$100,000''.
       In item 3270 of such table, strike ``$14,000,000'' and 
     insert ``$35,000,000''.
       In item 351 of such table, strike ``$6,000,000'' and insert 
     ``$8,000,000''.
       In item 470 of such table, strike ``NY'', ``Rehabilitation 
     of Bay Ridge 86th Street Subway Station, Brooklyn, NY'', and 
     strike ``$2,000,000'' and insert ``SC'', ``Widen 8 miles of 
     S-83 (Hardscrabble Road) from intersection with SC Route 555 
     (Farrow Road) to Road S-54 (Langford Road)'', and 
     ``$2,000,000''.
       In item 571 of such table, strike ``$475,000'' and insert 
     ``$500,000''.
       In item 621 of such table, strike ``$4,000,000'' and insert 
     ``$5,000,000''.
       In item 712 of such table, strike ``KY'', ``Construct North 
     Somerset Bypass in Pulaski County from Nunn Parkway to 
     KY80'', and strike ``$7,000,000'' and insert ``CA'', ``The 
     Alameda Corridor SR 47 Port Access Expressway design 
     funding'', and ``$5,000,000''.
       In item 747 of such table, strike ``$5,000,000'' and insert 
     ``$6,000,000''.
       In item 789 of such table, strike ``$2,000,000'' and insert 
     ``$4,000,000'' and strike ``Reroute State Hwy 11 near 
     Burlington, WI (Kenosha County, WI)'' and insert ``Reroute 
     State Hwy 11 near Burlington, WI (Walworth and Racine 
     Counties, WI)''.
       In item 982 of such table, strike ``$14,000,000'' and 
     insert ``$16,000,000''.
       Strike all the text of item 1438 of such table and insert 
     ``NC'', ``Eliminate highway-railway crossings in the city of 
     Fayetteville, NC'', and ``$1,000,000''.
       Strike all the text of item 3138 and insert ``KS'', 
     ``Elimination of highway-railway crossings at the city of 
     Pittsburg Port Authority to increase safety and reduce 
     congestion'', and ``$5,730,000''.
        Strike the contents of item number 2733 and insert ``FL'', 
     ``Construct reliever road to SR A-1-A in the City of 
     Deerfield Beach beginning at A-1-A/Hillsboro Blvd. and ending 
     at A-1-A/N.E. 2nd Street'' and ``$1,000,000'' in the 
     respective columns.
       Strike the contents of item number 1487 and insert ``FL'', 
     ``Widen State Road 80, Hendry County'', and ``$1,000,000'', 
     in the respective columns.
       Strike the contents of item 1217 and insert ``IL'', 
     ``Transportation Enhancement and road improvements necessary 
     for Downtown Plaza improvements in Jacksonville, IL'', and 
     ``$952,572'' in the respective columns.
       Strike the contents of item 470 and insert ``GA'', ``The 
     Carrollton Greenbelt Project, City of Carrollton, Georgia'', 
     and ``$350,000'' in the respective columns.
       In item 2155 of such table, strike ``$14,000,000'' and 
     insert ``$44,250,000''.
       In item 1810 of such table, strike ``$1,000,000'' and 
     insert ``$7,120,745''.
       In item 1969 of such table, strike ``$1,000,000'' and 
     insert ``$1,500,000''.
       In item 2181 of such table, strike ``$4,000,000'' and 
     insert ``$6,250,000''.
       In item number 3202 of such table, strike ``$5,000,000'' 
     and insert ``$7,000,000''.
       In item number 978 of such table, strike ``$1,800,000'' and 
     insert ``$2,500,000''.
       In item number 1249 of such table, strike ``$600,000'' and 
     insert ``$2,000,000''.
       In item number 2066 of such table, strike ``$1,500,000'' 
     and insert ``$3,400,000''.
       In item number 2799 of such table, strike ``$1,500,000'' 
     and insert ``$2,000,000''.
       In item number 2244 of such table, strike ``$2,000,000'' 
     and insert ``$4,000,000''.
       In item number 685 of such table, strike ``$1,500,000'' and 
     insert ``$3,000,000''.
       In item number 370 of such table, strike ``; demolishing 
     existing elevated road over park''.
       In item 2974 of such table, strike the first comma and 
     insert a comma after ``Chester''.
       In item 2019 of such table, strike the project description 
     and dollar amount and insert ``Traffic mitigation on Bridge 
     Street and Maple Avenue, Florida, NY'' and ``$150,000'', 
     respectively.
       In item 1278 of such table, strike the project description 
     and dollar amount and insert ``Land acquisition and 
     improvements on Louisa Street, Peekskill, NY'', ``$925,000'', 
     respectively.
       In item 1870 of such table, strike the project description 
     and dollar amount and insert ``Improvements and upgrades on 
     Main Street, Beekman, NY'', and ``$200,000'', respectively.
       In item 2652 of such table, strike ``Improve SR1023 from US 
     70 Business to US 301 in Smithfield'' and insert ``Improve SR 
     1923 from US 70 Business to US 301 Smithfield''.
       In item 1311 of such table, strike ``Construct Farmington 
     Canal Greenway enhancements, New Haven and Hamden'' and 
     insert ``Construct Farmington Canal Greenway, City of New 
     Haven and Hamden''.
       In item 1672 of such table, strike ``Reconstruct Waterfront 
     Street Corridor, New Haven'' and insert ``Reconstruct 
     Waterfront Street Corridor, City of New Haven''.
       In item 1570 of such table, strike ``Construct bike/
     pedestrian path, Shelton'' and insert ``Construct Housatonic 
     Riverwalk, Shelton''.
       In item 2135 of such table, strike ``$3,000,000'' and 
     insert ``$2,000,000''.
       In item 1250 of such table, strike ``$3,000,000'' and 
     insert ``$1,500,000''.
       In item 3314 of such table, strike ``$3,000,000'' and 
     insert ``$37,000,000''.
       In item 2158 of such table, strike ``$8,000,000'' and 
     insert ``$5,000,000''.
       In item 864 of such table, strike ``Improvements for 
     intersections heavily traveled through which include 
     Beaverton Hillsdale Hwy Scholls Ferry and Oleson, Beaverton'' 
     and insert ``I-5/99W connector'' .
        At the end of such table, add the following:

                         High Priority Projects
------------------------------------------------------------------------
   No.           State           Project Description         Amount
------------------------------------------------------------------------
3316      TX................  Reconstruct Union               $1,000,000
                               Pacific Railroad bridge
                               over widened Business
                               US 287
3317      AK................  Anchorage Traffic              $10,000,000
                               Congestion Relief
3318      VA................  Expansion of Battlefield        $2,000,000
                               Parkway from East
                               Market Street at Route
                               7 to Sycolin Road, S.E.
3319      OR................  Construction of the I-          $2,000,000
                               84, US 395 Stanfield
                               Interchange Improvement
                               Project
3320      IN................  Design and reconstruct            $930,000
                               residential streets in
                               the City of Muncie,
                               Indiana
3321      CA................  Improvement of Main             $1,000,000
                               Street - Shenandoah
                               Road/SR-49
                               Intersection, Plymouth
3322      SD................  Design and construct new        $4,000,000
                               Meridian Bridge across
                               the Missouri River
                               south of Yankton, South
                               Dakota.
3323      AK................  Earthwork and roadway          $48,000,000
                               construction Gravina
                               Access Project
3324      GA................  Improvement and                 $1,000,000
                               construction of SR 40
                               from east of St. Marys
                               cutoff at mile post
                               5.0, Charlton County to
                               County Route 61, Camden
                               County, Georgia
3325      NJ................  Route 22 Sustainable            $3,750,000
                               Corridor Plan
3326      OR................  Hood River, OR, Frontage          $500,000
                               Road Crossing Project
3327      GA................  Construct and Improve           $2,000,000
                               Westside Parkway,
                               Northern Section, in
                               Fulton County
3328      CNMI..............  Planning design and            $12,000,000
                               construction of East
                               Coast Highway/Route 36,
                               Saipan
3329      GA................  Widen SR 133 from Spence        $1,000,000
                               Field to SR 35 in
                               Colquitt County,
                               Georgia
3330      FL................  West Palm Beach,                $1,000,000
                               Florida, Flagler Drive
                               Reconfiguration
3331      FL................  Implement Snake Road            $1,000,000
                               (BIA Route 1281)
                               Widening and
                               Improvements

[[Page 4194]]

 
3332      NY................  Reconstruction of               $3,000,000
                               Portland Ave. from
                               Rochester City line to
                               Titus Ave in
                               Irondequoit, NY
3333      FL................  Alleviate congestion at           $500,000
                               Atlantic Corridor
                               Greenway Network, City
                               of Miami Beach, FL
3334      NM................  Development of the Paseo        $2,000,000
                               del Volcan corridor
                               equally split between
                               Sandoval County from
                               Iris Road to US Highway
                               550 and the I-40 Paseo
                               del Vulcan Interchange
3335      WA................  SR 704 Cross-Base               $5,000,000
                               Highway, Spanaway Loop
                               Road to SR 7
3336      CA................  Restoration of Victoria           $500,000
                               Avenue in the City of
                               Riverside, CA
3337      MN................  I-494 Lane Addition             $2,000,000
3338      GA................  Uptown Jogging, Bicycle,          $500,000
                               Trolley Trail, Columbus
                               Georgia
3339      CA................  Study and construct            $15,750,000
                               highway alternatives
                               between Orange and
                               Riverside Counties,
                               directed by RCTC,
                               working with local
                               transp. authorities,
                               and guided by the
                               current MIS
3340      OH................  Rehabilitation or                 $300,000
                               replacement of highway-
                               rail grade separations
                               along the West Central
                               Ohio Port Authority
                               route in Champaign and
                               Clark Counties
3341      FL................  Improvements to I-75 in         $2,250,000
                               the City of Pembroke
                               Pines, Florida
3342      LA................  Construction of new             $1,800,000
                               interchange Causeway at
                               Earhart-LA 3139
3343      GA................  Construction of                   $500,000
                               infrastructure for
                               inter-parcel access,
                               median upgrades,
                               lighting, and
                               beautification along
                               Highway 78 corridor
3344      MI................  Design, Right-of-Way and        $3,000,000
                               Construction of the I-
                               196 Chicago Drive
                               (Baldwin Street)
                               Interchange
                               Modificaiton, Michigan
3345      VA................  I-66 and Route 29               $7,000,000
                               Gainesville Interchange
                               Project
3346      FL................  SR 688 Ulmerton Road           $10,000,000
                               Widening (Lake Seminole
                               Bypass Canal to El
                               Centro Ranchero)
3347      OK................  Navajoe Gateway                 $1,000,000
                               Improvements Project,
                               U.S. 62 in Altus, OK
3348      NV................  Construction of Carson          $1,000,000
                               City Freeway
3349      TN................  Upgrade lights and gates          $200,000
                               and motion sensor
                               controlling circuitry
                               at the highway rail
                               grade crossing located
                               on Wenasoga Road/FAS
                               8224, Middleton, TN
3350      WV................  Construct connector road          $750,000
                               from north end of RHL
                               Boulevard to State
                               Route 601 (Jefferson
                               Road)
3351      NY................  Construct Siena College         $1,000,000
                               campus perimeter road,
                               Loudonville, NY
3352      AL................  Construct additional            $1,700,000
                               lanes on SR 77 from
                               Southside, Alabama to
                               Green Valley Road
3353      TX................  Environmental mitigation        $2,000,000
                               related to the SH 195
                               project and related
                               improvements in
                               Williamson County that
                               had adverse effects on
                               the Karst cave system
3354      AL................  The City of Calera,             $6,800,000
                               Alabama--Northern
                               Bypass Segment (U.S.
                               Highway 31 to Alabama
                               State Highway 25)
3355      WA................  Construct a single point        $1,350,000
                               urban interchange
                               (SPUI) under I-5 at
                               South 272nd St
3356      IN................  Reconstruct bridges at            $500,000
                               County Roads 200E and
                               300E in LaPorte County,
                               Indiana
3357      MI................  Widen and Reconstruct           $7,400,000
                               Walton Blvd in Auburn
                               Hills from Opdyke to
                               Squirrel Rd
3358      GA................  Commission a study and            $300,000
                               report regarding the
                               construction and
                               designation of a new
                               Interstate linking
                               Savannah, Augusta, &
                               Knoxville
3359      TX................  Construct pedestrian and        $3,000,000
                               bicycle amenities on
                               Seawall Blvd Galveston,
                               Tx
3360      CA................  Pedestrian Beach Trail          $1,000,000
                               in San Clemente, CA
3361      TX................  US 90--Construct 6              $2,000,000
                               mainlanes from east of
                               Mercury to east of
                               Wallisville
3362      PA................  Construct highway safety          $900,000
                               and capacity
                               improvements to improve
                               the access to the
                               KidsPeace Broadway
                               Campus
3363      GA................  GA 400 and McGinnis               $900,000
                               Ferry Road Interchange,
                               Forsyth County, GA
3364      GA................  Construction of bypass            $500,000
                               around town of Hiram,
                               from SR 92 to US 278,
                               Paulding County,
                               Georgia
3365      GA................  Construct US 411                $1,000,000
                               Connector from US 41 to
                               I-75, Bartow County,
                               Georgia

[[Page 4195]]

 
3366      TX................  Construct access road           $1,320,000
                               connecting Port of
                               Beaumont property on
                               east bank of Neches
                               River to I-10 access
                               road east of the Neches
                               River
3367      MD................  US 220/MD 53 North-South        $1,000,000
                               Corridor
3368      FL................  Acquire Right-of-Way for          $250,000
                               Ludlam Trail, Miami,
                               Florida
3369      NY................  Construct Northern State        $1,700,000
                               Parkway and LIE access
                               at Marcus Ave. and
                               Lakeville Rd. and
                               associated Park and
                               Ride.
3370      PA................  Construct interim US 422        $1,000,000
                               improvements at Valley
                               Forge river crossing
3371      NY................  Design and construction         $2,000,000
                               of Renaissance Square
                               in Rochester, NY
3372      AL................  Alabama Hwy 36 Extension          $300,000
                               and Widening--Phase II
3373      PA................  Northfield site roadway           $500,000
                               extension from Rte 60
                               to Industrial Park near
                               the Pittsburgh
                               International Airport
3374      OH................  Plan and construct                $950,000
                               pedestrian trail along
                               the Ohio and Erie Canal
                               Towpath Trail in
                               downtown Akron, OH
3375      TX................  Reconstruct I-30 Trinity       $34,000,000
                               River Bridge--Dallas,
                               TX
3376      TX................  Reconstruct I-30 Trinity        $1,000,000
                               River Bridge--Dallas,
                               TX
3377      GA................  Construction of                 $1,000,000
                               interchange on I-985
                               north of SR-13, Hall
                               County Georgia
3378      TX................  Construction of                 $1,500,000
                               circulation roadway at
                               Galveston cruise ship
                               terminal
3379      FL................  Temple Terrace Highway          $1,000,000
                               Modification
3380      WY................  Burma Rd: Extension from        $2,000,000
                               I-90 to Lakeway Rd
3381      NJ................  Construct Western Blvd.         $4,000,000
                               extension from Northern
                               Blvd to S.H. Rt. 9,
                               Ocean County, NJ
3382      FL................  Powerline Rearvision              $100,000
                               motor carrier backover
                               motor carrier safety
                               research
3383      NH................  Environmental mitigation        $1,500,000
                               at Sybiak Farm in
                               Londonderry to offset
                               effects of I-93
                               improvements
3384      MI................  East Grand River                $2,000,000
                               Improvements, Brighton
                               Township, Michigan
3385      KY................  Replace Brent Spence            $2,000,000
                               Bridge, Kenton County,
                               Kentucky
3386      TX................  Construction of projects       $12,000,000
                               that relieve congestion
                               in and around the Texas
                               Medical Center complex
3387      CA................  Hazel Avenue ITS                  $500,000
                               Improvements, Folsom
                               Blvd. to Placer County
3388      FL................  SR 688 Ulmerton Road           $10,000,000
                               widening (west of 38th
                               street to west of I275)
3389      NH................  Environmental mitigation        $1,900,000
                               at Crystal Lake in
                               Manchester to offset
                               effects of I-93
                               improvements
3390      VA................  Widening I-95 between           $1,000,000
                               rte 123 and Fairfax
                               County Parkway
3391      PA................  Armstrong County, PA            $2,400,000
                               Slatelick Interchange
                               for PA 28 at SR 3017
3392      OK................  Reconstruct the I-44-Ft.        $1,000,000
                               Still Key Gate
                               Interchange
3393      GA................  Greene County, Georgia          $2,000,000
                               conversion of I-20 and
                               Carey Station Road
                               overpass to full
                               interchange
3394      OH................  Upgrade overpass and            $1,000,000
                               interchange at US 24
                               and SR 66 in the City
                               of Defiance
3395      NE................  Interstate 80                   $1,000,000
                               Interchange at Pflug
                               Road, Sarpy County,
                               Nebraska
3396      FL................  Conduct planning and              $500,000
                               engineering for SR70
                               widening in Hardee,
                               DeSoto and Okeechobee
                               Counties
3397      VA................  Cathodic Bridge                   $700,000
                               Protection for Veterans
                               Memorial Bridge and the
                               Berkely Bridge in the
                               Commonwealth of
                               Virginia
3398      IN................  Reconstruct McClung Road          $750,000
                               from State Road 39 to
                               Park Street in LaPorte,
                               Indiana
3399      OH................  Riversouth Street               $3,000,000
                               Network Improvements in
                               Columbus
3400      GA................  National Infantry Museum        $3,750,000
                               Transportation Network,
                               Georgia
3401      AK................  Wideband multimedia             $5,000,000
                               mobile emergency
                               communications pilot
                               project Wasilla, Alaska
3402      MD................  Widen road and improve          $1,000,000
                               interchanges of I-81
                               from south of I-70 to
                               north of Halfway
                               Boulevard
3403      TX................  Expansion of US 385 4           $2,000,000
                               lane divide south of
                               Crane to McCarney
3404      VA................  Old Mill Road Extension         $1,000,000
3405      GA................  Commission a study &              $300,000
                               report regarding
                               construction &
                               desgnation of a new
                               Interstate linking
                               Augusta, Macon,
                               Columbus, Montgomery, &
                               Natchez

[[Page 4196]]

 
3406      CO................  Improvements on US 36           $2,000,000
                               corridor from I-25 to
                               Boulder. Improvements
                               include interchange and
                               overpass reconstruction
3407      AZ................  Design and construct            $3,000,000
                               bridge and roadway
                               approaches across Tonto
                               Creek at Sheeps
                               Crossing south of
                               Payson, AZ
3408      NE................  Missouri River Bridges          $2,500,000
                               between US 34, I-29 in
                               Iowa and US 75 in
                               Nebraska
3409      NY................  Reconstruct--Orangeport           $850,000
                               Road from NYS Rte 31 to
                               Slayton Settlement
                               Road--Niagara County,
                               NY
3410      TN................  Construct sound-walls             $830,000
                               between I-65 and
                               Harding Place in
                               Davidson County
3411      ID................  Reconstruct and Realign         $2,000,000
                               SH-55 in Idaho between
                               Mileposts 94 and 102
3412      FL................  Pinellas Countywide            $10,000,000
                               Intelligent
                               Transportation System--
                               phase 2
3413      OK................  Realignment of US 287           $1,000,000
                               around Boise City, OK
3414      FL................  Replace Heckscher Drive         $2,000,000
                               (SR 105) Bridge across
                               Broward River
3415      TX................  FM 156 Road Relocation          $1,000,000
                               at Alliance Airport,
                               Texas
3416      TX................  Upgrade Caesar Chavez           $3,000,000
                               Boulevard from San
                               Antonio Street to
                               Brazos Street
3417      FL................  Coral Way, SR 972                 $500,000
                               Highway Beautification,
                               Phase One, Miami,
                               Florida
3418      OR................  Cascade Locks Marine              $500,000
                               Park Underpass to
                               address necessary
                               improvements
3419      NY................  Reconstruction of East          $3,500,000
                               Genesee Street
                               connective corridor to
                               Syracuse University in
                               Syracuse, NY
3420      IL................  For Cook County to                $450,000
                               reconstruct and widen
                               127th Street between
                               Smith Road and State
                               Street in Lemont
3421      TN................  Widen I-65 from SR-840            $970,000
                               to SR-96, including
                               interchange
                               modification at Goose
                               Creek Bypass,
                               Williamson County
3422      CA................  Auburn Boulevard                  $500,000
                               Improvements, City of
                               Citrus Heights
3423      LA................  Bossier Parish                  $3,000,000
                               Congestion Relief
3424      LA................  Fund the 8.28 miles of          $2,000,000
                               the El Camino East-West
                               Corridor along LA 6
                               from LA 485 near
                               Robeline, LA to I-49
3425      FL................  Bryan Dairy Road                $4,000,000
                               improvements from
                               Starkey Road to 72nd
                               Street
3426      GA................  Buckhead Community              $1,000,000
                               Improvements to
                               rehabilitate State
                               Road141, including lane
                               straightening, addition
                               of median, installation
                               of left turn bays at
                               two intersections,
                               addition of bicycle
                               lanes, sidewalks, clear
                               zones and landscape
                               buffers
3427      VA................  Purchase specialized              $800,000
                               tunnel fire safety
                               equipment, Hampton
                               Roads
3428      MI................  Holmes Road                     $2,000,000
                               Reconstruction--From
                               Prospect Road to
                               Michigan Avenue,
                               Charter Township of
                               Ypsilanti
3429      TN................  Construct a system of           $1,000,000
                               greenways in Nashville--
                               Davidson County
3430      UT................  Improve pedestrian and          $2,000,000
                               traffic safety in
                               Holladay
3431      OH................  Construction of road            $1,350,000
                               improvements from
                               Richmond Road to
                               Cuyahoga Community
                               College, Warrensville
                               Heights
3432      OH................  Construct road with             $1,000,000
                               access to memorial
                               Shoreway, Cleveland
3433      TX................  North Cameron County              $100,000
                               East-West Railroad
                               Relocation Project
3434      OR................  Construct Pathway From            $520,000
                               Multimodal Transit
                               Station to Swanson
                               Park, Albany
3435      NY................  Transportation                    $750,000
                               Initiative to provide
                               for a parking facility,
                               in the vicinity of the
                               Manhattan College
                               Community
3436      NY................  Phase II Corning                $6,000,000
                               Preserve Transportation
                               Enhancement Project
3437      NY................  Study of Goods movement         $1,500,000
                               through I-278 in New
                               York City and New
                               Jersey
3438      NY................  Study and Implement             $1,000,000
                               Traffic Improvements to
                               the area surrounding
                               the Stillwell Avenue
                               train station
3439      CA................  Expand Diesel Emission          $3,100,000
                               Reduction Program of
                               Gateway Cities COG
3440      TX................  Construct pedestrian            $1,000,000
                               walkway on Houston
                               Texas' Main Street
                               Corridor

[[Page 4197]]

 
3441      CA................  Sacramento County,              $4,000,000
                               California--Watt Avenue
                               Multi-modal Mobility
                               Improvements, Kiefer
                               Boulevard to Fair Oaks
                               Boulevard.
3442      NJ................  Passaic River--Newark             $400,000
                               Bay Restoration and
                               Pollution Abatement
                               Project, Route 21
3443      NJ................  Downtown West Orange              $300,000
                               streetscape and traffic
                               improvement program.
3444      NY................  High-Speed EZ pass at           $1,000,000
                               the New Rochelle Toll
                               Plaza, New Rochelle
3445      TX................  Access to Regional Multi-       $2,000,000
                               Modal Center--FM 1016
                               and SH 115
3446      AR................  For acquisition and               $200,000
                               construction of an
                               alternate
                               transportation
                               (pedestrian/bicycle)
                               trail from East Little
                               Rock to Pinnacle
                               Mountain State Park
3447      MN................  Construct 4th Street              $199,794
                               overpass grade
                               separation crossing a
                               BNSF Rail Road, City of
                               Carlton
3448      TX................  North Rail Relocation           $2,000,000
                               Project, Harlingen
3449      MN................  Construct Pfeifer Road,           $251,717
                               remove 10 foot raised
                               crossing, Twin Lakes
                               Township
3450      MS................  Safety improvements and           $800,000
                               to widen Hardy Street
                               at the intersection of
                               US 49 in Hattiesburg
3451      OH................  Reconstruction of U.S.            $500,000
                               Route 20 and Ohio Route
                               113 (Center Ridge
                               Road), Rocky River
3452      MN................  Safety improvements to         $23,400,000
                               TH 169 between Virginia
                               and Winton
3453      VA................  Construct access road           $1,300,000
                               and roadway
                               improvements to Chessie
                               development site.
3454      NC................  Acquisition of rail             $2,000,000
                               corridors for use as
                               bicycle and pedestrian
                               trails, Durham
3455      MN................  TH 61 Reconstruction           $10,067,000
                               from 2.7 miles to 6.2
                               miles north of Tofte
3456      MN................  Phase II/part II--CSAH          $2,840,000
                               15 to East of Scenic
                               Highway 7 (1.2 miles)
3457      MN................  Reconstruction with some        $1,000,000
                               rehabilitation of
                               roadway with storm
                               water sewer system
                               construction from
                               eastern boundary of the
                               Bois Forte Indian
                               Reservation and ending
                               at ``T'' intersection
                               of roadway (3.5 miles)
3458      MS................  Widen 4th Street in             $3,200,000
                               Hattiesburg
3459      NJ................  Study of safe and                 $500,000
                               efficient commercial
                               multi-modal
                               transportation systems
                               serving the East Coast
                               Port Complex.
3460      IL................  Improve roads and               $1,000,000
                               enhance area in the
                               vicinity of S. Archer
                               Avenue and Midway
                               Airport, Chicago
3461      IL................  Construct Leon Pass               $800,000
                               overpass, Hodgkins
3462      IL................  Undertake Streetscaping         $4,000,000
                               project on Harlem
                               Avenue initiating from
                               71st Street to I-80,
                               Cook County
3463      IL................  Construct bike path,            $2,000,000
                               parking facility, and
                               related transportation
                               enhancement projects,
                               North Riverside
3464      IL................  Upgrade Roads, Summit             $800,000
3465      IL................  Undertake streetscaping           $800,000
                               on Ridgeland Avenue,
                               Oak Park Avenue, and
                               26th Street, Berwyn
3466      IL................  Construct bike/                   $600,000
                               pedestrian path and
                               related facilities in
                               Spring Rock Park,
                               Western Springs
3467      SD................  Extend the Sioux Falls          $1,200,000
                               Bike Trail to the Great
                               Bear Recreation Area
3468      SD................  Redesign T corner on BIA          $750,000
                               #2 5 miles SW of Kyle
                               on the Pine Ridge
                               Reservation
3469      SD................  Extend bike trail in              $250,000
                               Pine Ridge to the
                               SuAnne Big Crow Boys &
                               Girls Center
3470      SD................  Extend bicycle trail            $8,000,000
                               system in Aberdeen
3471      GA................  City of Moultrie                  $750,000
                               Streetscape
                               Improvements, Phase III
3472      GA................  Restore and renovate for          $500,000
                               historic preservation
                               and museum the 1906
                               AB&A Railroad Building,
                               Fitzgerald
3473      GA................  Improve sidewalks,                $500,000
                               upgrade lighting, and
                               add landscaping,
                               Ocilla.
3474      GA................  Improve sidewalks,                $750,000
                               upgrade lighting, and
                               add landscaping, Newton
                               County.
3475      GA................  Improve sidewalks,                $500,000
                               upgrade lighting, and
                               add landscaping,
                               Monticello.
3476      GA................  City of Sylvester                 $500,000
                               Bicycle and Pedestrian
                               Project.
3477      GA................  Improve sidewalks,                $750,000
                               upgrade lighting, and
                               add landscaping,
                               Tifton.
3478      GA................  Improve sidewalks and             $500,000
                               curbs on Wheeler Avenue
                               and Carlos Avenues,
                               Ashburn.
3479      GA................  Improve sidewalks,                $500,000
                               upgrade lighting, and
                               add landscaping,
                               Jackson.

[[Page 4198]]

 
3480      CA................  Construct traffic circle          $300,000
                               in San Ysidro at the
                               intersection of Via de
                               San Ysidro and West San
                               Ysidro Boulevard, San
                               Diego
3481      CA................  Construct and resurface         $1,000,000
                               unimproved roads in the
                               Children's Village
                               Ranch and improve
                               access from Children's
                               Village Ranch to Lake
                               Morena Drive, San Diego
                               County
3482      CA................  Project design and              $2,700,000
                               environmental
                               assessment of widening
                               and improving the
                               interchange at ``H''
                               Street and I-5, Chula
                               Vista, Chula Vista
3483      FL................  Jacksonville                    $2,000,000
                               International Airport
                               Access Rd. to I-95,
                               Jacksonville
3484      FL................  Mathews Bridge                  $1,000,000
                               Replacement,
                               Jacksonville
3485      FL................  Hecksher Bridge                 $1,000,000
                               Replacement,
                               Jacksonville
3486      FL................  NE 3 Ave to NE 8th Ave          $1,000,000
                               Rd Reconstruction,
                               Gainesville
3487      FL................  University Ave to NE 8          $2,000,000
                               Avenue Rd
                               Reconstruction,
                               Gainesville
3488      KY................  Central Kentucky Multi          $2,300,000
                               Highway Preservation
                               Project
3489      WV................  Construct East Beckley          $5,000,000
                               Bypass, including
                               $500,000 for
                               preliminary engineering
                               and design of the Shady
                               Spring connector (Route
                               3/Airport Road)
3490      WV................  Construct I-73/74 High          $5,000,000
                               Priority Corridor,
                               Wayne Co.
3491      KY................  Construct Kidville Road         $1,700,000
                               (KY 974) Interchange at
                               the Mountain Parkway,
                               Clark County
3492      NY................  Construction and                  $500,000
                               improvements to Ridge
                               Road, Lackawanna
3493      CA................  Construction at I-580           $2,500,000
                               and California SR 84
                               (Isabel Avenue)
                               Interchange
3494      NY................  Construction of and               $200,000
                               improvements to Amherst
                               Street, Buffalo
3495      NY................  Construction of and               $200,000
                               improvements to Grant
                               Street, Buffalo
3496      NY................  Construction of and               $200,000
                               improvements to Hertel
                               Avenue, Buffalo
3497      NY................  Construction of and               $200,000
                               improvements to Hopkins
                               Street, Buffalo
3498      NY................  Construction of and               $500,000
                               improvements to Main
                               Street in the Town of
                               Aurora
3499      NY................  Construction of and               $500,000
                               improvements to
                               McKinley Parkway,
                               Buffalo
3500      NY................  Construction of and               $500,000
                               improvements to Route 5
                               in the Town of Hamburg
3501      NY................  Construction of and               $500,000
                               improvements to South
                               Park Avenue and Lake
                               Avenue in the Village
                               of Blasdell
3502      NY................  Construction of and               $200,000
                               improvements to South
                               Park Avenue, Buffalo
3503      NY................  Construction of Bicycle           $800,000
                               Path and Pedestrian
                               Trail in City of
                               Buffalo
3504      NY................  Construction, redesign,         $2,000,000
                               and improvements to
                               Fargo Street in Buffalo
3505      TN................  Improve existing two            $5,500,000
                               lane highway to a five
                               lane facility on State
                               Route 53 from South of
                               I-24 to Near Parks
                               Creek Road, Coffee
                               County
3506      ME................  Improve portions of             $3,500,000
                               Route 116 between
                               Lincoln and Medway to
                               bring road up to modern
                               standard
3507      ME................  Improve portions of             $1,000,000
                               Route 26 between Bethel
                               and Oxford
3508      NY................  Road improvements and             $500,000
                               signage in City of
                               Lackawanna
3509      NJ................  Belmont Ave Gateway               $500,000
                               Community Enhancement
                               Project, Haledon
3510      TX................  Conduct feasibility             $1,000,000
                               study for an off ramp
                               on I-30 on to Hall
                               Street for direct
                               access to Baylor
                               University Medical
                               Center in Dallas.
3511      NJ................  Livingston Pedestrian             $900,000
                               Streetscape Project
                               along Mt. Pleasant and
                               Livingston Avenues
3512      MD................  MD4 at Suitland Parkway         $5,000,000
3513      NJ................  Pompton Lakes Downtown          $1,000,000
                               Streetscape
3514      PA................  Street improvements               $125,000
                               along North Broad
                               Street, Hatfield
                               Borough
3515      PA................  Street improvements to          $1,000,000
                               Old York Road,
                               Jenkintown Borough
3516      PA................  Street improvements to            $800,000
                               Ridge Pike and Joshua
                               Road, Whitemarsh
                               Township
3517      PA................  Street improvements to            $600,000
                               Skippack Pike (Rte 73),
                               Whitpain Township
3518      PA................  Street Improvements,            $1,500,000
                               Upper Dublin Township
3519      PA................  Street Improvements,              $375,000
                               Upper Gwynedd Township

[[Page 4199]]

 
3520      VA................  Construct access road           $1,300,000
                               and roadway
                               improvements to Chessie
                               development site,
                               Clifton Forge
3521      WA................  Fruitdale and McGarigle           $950,000
                               Arterial Improvements
                               Project in Sedro
                               Woolley, Washington
3522      MS................  Improve Ridge Road,             $1,000,000
                               Pearl River County
3523      MS................  Port Bienville                  $3,000,000
                               Intermodal Connector,
                               Hancock County
3524      WA................  Realign Airport Road/             $400,000
                               Springhetti Ave./Marsh
                               Road in Snohomish
                               County, Washington.
3525      LA................  Widen I-10 in New               $2,800,000
                               Orleans
3526      UT................  Widen Redwood Road from         $1,000,000
                               Saratoga Springs to
                               Bangerter Highway in
                               Utah County
3527      VA................  Widen Rolfe Highway from          $500,000
                               near the intersection
                               of Rolfe Highway and
                               Point Pleasant Road to
                               the Surry ferry landing
                               approach bridge
3528      VA................  Construct access road           $1,300,000
                               and roadway
                               improvements to Chessie
                               development site,
                               Clifton Forge
3529      WA................  Fruitdale and McGarigle           $950,000
                               Arterial Improvements
                               Project in Sedro
                               Woolley, Washington
3530      MS................  Improve Ridge Road,             $1,000,000
                               Pearl River County
3531      MS................  Port Bienville                  $3,000,000
                               Intermodal Connector,
                               Hancock County
3532      WA................  Realign Airport Road/             $400,000
                               Springhetti Ave./Marsh
                               Road in Snohomish
                               County, Washington.
3533      LA................  Widen I-10 in New               $2,800,000
                               Orleans
3534      UT................  Widen Redwood Road from         $1,000,000
                               Saratoga Springs to
                               Bangerter Highway in
                               Utah County
3535      VA................  Widen Rolfe Highway from          $500,000
                               near the intersection
                               of Rolfe Highway and
                               Point Pleasant Road to
                               the Surry ferry landing
                               approach bridge
3536      MA................  Cambridge Bicycle Path          $1,000,000
                               Improvements
3537      OR................  Capitalize Oregon               $3,998,000
                               Transportation
                               Infrastructure Bank
3538      MA................  Chelsea Roadway                 $2,000,000
                               Improvements
3539      NY................  Congestion reduction         $2,000,000.00
                               measures in Richmond
                               County
3540      NJ................  Construct Hudson River          $1,000,000
                               Waterfront Walkway over
                               Long Slip Canal--
                               Hoboken and Jersey City
3541      CA................  Construct Illinois              $4,000,000
                               Street Bridge/Amador
                               Street Connection and
                               Improvements, San
                               Francisco
3542      NY................  Construct multi-modal          $300,000.00
                               facility in the
                               vicinity of Brooklyn
                               Childrens Museum
3543      NJ................  Construct Parking               $1,050,000
                               Facility at McGinley
                               Square in Jersey City
3544      OR................  Construction of access            $814,000
                               road including
                               sidewalks, bike lanes
                               and railroad crossing
                               from Highway 99W to
                               industrial zoned
                               property, Corvallis
3545      NY................  Continuation of the            $500,000.00
                               public awareness
                               program to the
                               subcontracting entity
                               which was funded under
                               Section 1212(b) of PL
                               105-178 about
                               infrastructure in Lower
                               Manhattan.
3546      OR................  Continue bridge repair          $8,000,000
                               project authorized
                               under P.L. 105-178,
                               Coos Bay
3547      NJ................  Expand TRANSCOM Regional        $1,000,000
                               ITS System in NJ, NY,
                               and CT
3548      OR................  Extend Willamette Valley        $1,000,000
                               Scenic Bikeway into
                               Lane and Douglas
                               Counties.
3549      NY................  Graffiti Elimination           $500,000.00
                               Program in Riverdale
                               neighborhood of Bronx
                               County
3550      NY................  Graffiti Elimination           $500,000.00
                               Program on Smith Street
                               in Kings County
3551      OR................  Great Street Trail                $900,000
                               Connection, Eugene
3552      NJ................  Hudson County Fire &            $1,200,000
                               Rescue Department,
                               North Bergen:
                               Transportation Critical
                               Incident Mobile Data
                               Collection Device
3553      NJ................  Hudson County Pedestrian        $1,000,000
                               Safety Improvements
3554      OR................  Hwy. 199 Safety                 $3,104,000
                               Improvements, Josephine
                               County
3555      OR................  Hwy. 99E/Geary Street           $1,002,000
                               Safety Improvements,
                               Albany
3556      NY................  Implement Improvements       $1,000,000.00
                               for Pedestrian Safety
                               in Riverdale
                               neighborhood of Bronx
                               County
3557      WA................  Improve Mill Plain Blvd         $1,250,000
                               between SE 172nd and SE
                               192nd in Vancouver
3558      WA................  Improve signage along             $150,000
                               scenic highways in
                               Clark, Skamania and
                               Pacific counties
3559      OR................  ITS Improvements to             $1,200,000
                               TripCheck, Oregon
3560      NJ................  Jersey City 6th Street          $2,000,000
                               Viaduct Pedestrian and
                               Bicycle Pathway Project
3561      OR................  Middle Fork Willamette          $3,000,000
                               River Path, Springfield
3562      OR................  OR 42 Hoover Hill               $1,495,000
                               Passing Lane, Winston

[[Page 4200]]

 
3563      OR................  Pedestrian improvements           $600,000
                               including boardwalk
                               extension and sidewalk
                               construction, Port of
                               Brookings Harbor
3564      NJ................  Port Reading--                    $800,000
                               Improvements to air
                               quality through
                               reduction of engine
                               idling behind Rosewood
                               Lane
3565      OR................  Purchase communications        $10,000,000
                               equipment related to
                               traffic incident
                               management in Linn,
                               Benton, Lane, Douglas,
                               Coos, Curry and
                               Josephine Counties.
3566      MA................  Reconstruction of the I-        $1,300,000
                               95/Rte. 20 Interchange
                               in Waltham
3567      NJ................  Route 440 Rehabilitation        $1,250,000
                               and Boulevard Creation
                               Project in Jersey City
3568      MA................  Rutherford Avenue               $1,000,000
                               Improvements, Boston
3569      GA................  SR 10/Peters Street/            $3,000,000
                               Olympic Drive
                               interchange, Athens
3570      NY................  Study and Improve            $3,000,000.00
                               Traffic Flow Around a
                               New Stadium in Willets
                               Point, Queens
3571      OR................  To construct and enhance        $1,000,000
                               bikeway between Hood
                               River and McCord Creek.
3572      NY................  To construct greenway        $1,500,000.00
                               along East River
                               waterfront between East
                               River Park (ERP) and
                               Brooklyn Bridge, and
                               reconstruct South
                               entrance to ERP, in
                               Manhattan.
3573      OR................  Transportation                  $1,000,000
                               enhancements at Eugene
                               Depot, Eugene
3574      OR................  U.S. 101 Slide Repair,          $5,800,000
                               Curry County
3575      OR................  U.S. Hwy. 20 and Airport          $837,000
                               Road Intersection
                               Improvements, Lebanon
3576      IL................  Upgrade 31st Street and      $1,500,000.00
                               Golfview Rd
                               intersection and
                               construct parking
                               facilities, Brookfield
3577      NJ................  Weehawken Baldwin Avenue        $2,000,000
                               Improvements
3578      WA................  Widen SR 503 through            $1,000,000
                               Woodland
3579      OR................  Widen to three lanes and        $3,250,000
                               add urban features to
                               OR 42 from Lookingglass
                               Creek to Glenhart,
                               Winston
3580      NY................  Bicycle and pedestrian          $1,200,000
                               safety improvements,
                               Main Street, Riverhead
3581      IL................  Construct extension of            $750,000
                               Queeny Avenue from IL
                               Rt 3 to Hog Haven Road,
                               St. Clair County
3582      NY................  Construct improvements          $1,000,000
                               to NY Route 5 from
                               Coast Guard Base to
                               Ohio Street, including
                               Fuhrmann Boulevard
3583      IL................  Extend and Construct            $1,000,000
                               Concrete Corridor
                               between IL Rt 13 to IL
                               Rt 15, Centreville
3584      NY................  Implement a roadway             $1,000,000
                               evacuation study for
                               the South Shore of Long
                               Island, Mastic
3585      NY................  Improve Brooksite Dr.             $900,000
                               from NY 25/25A to Rt.
                               347, Smithtown
3586      NY................  Improve Clover Ln. from           $270,000
                               Bay Ave to Bay Rd,
                               hamlet of Brookhaven
3587      NY................  Improve CR 80, Montauk            $600,000
                               Highway, Village of
                               Patchogue
3588      NY................  Improve Dare Rd from Old          $440,000
                               Town Rd to Rt. 25,
                               Selden
3589      NY................  Improve Hospital Road             $690,000
                               Bridge between CR99 and
                               CR101, Patchogue
3590      NY................  Improve intersection of           $120,000
                               Old Dock and Church
                               Street, Kings Park
3591      NY................  Improve Maple Avenue in           $150,000
                               Smithtown
3592      NY................  Improve Old Town Rd from          $420,000
                               Rt 347 to Slattery Rd,
                               Setauket
3593      NY................  Improve Old Willets Path        $1,500,000
                               from NY 454 to Rabro
                               Dr., Smithtown
3594      NY................  Improve Pipe Stave                $250,000
                               Hollow Rd. to Harbor
                               Beach Rd., Miller Place
3595      IL................  Reconstruction and              $1,970,000
                               Improvement of North
                               Lincoln Ave, O'Fallon
3596      IL................  Reconstruction of 20th          $1,500,000
                               Street, Granite City
3597      IL................  Road Alignment from             $1,125,000
                               Caseyville Road to
                               Sullivan Drive, Swansea
3598      NY................  Road Improvements Hamlet          $500,000
                               of Medford, Town of
                               Brookhaven
3599      NY................  Road improvements,                $430,000
                               Hamlet of Gordon
                               Heights, Town of
                               Brookhaven
3600      NY................  Road improvements,              $1,500,000
                               Village of Patchogue
3601      NY................  Roadway improvements,             $400,000
                               hamlet of Mastic Beach
3602      IL................  Widening Fullerton Road           $880,000
                               from Metrolink to IL Rt
                               159, Swansea
3603      NY................  WLIU Public Radio               $1,130,000
                               Emergency and
                               Evacuation
                               Transportation
                               Information Initiative,
                               Southampton

[[Page 4201]]

 
3604      UT................  Reconstruct 500 West,             $250,000
                               including pedestrian
                               and bicycle access, in
                               Moab
3605      PA................  Construct improvements          $1,000,000
                               to Chambers Hill Road
                               and Lindle Road (S.R.
                               441) at its
                               intersections with
                               Interstate 283 and
                               Eisenhower Boulevard
3606      PA................  Construct Regional                $750,000
                               Trail, Muhlenberg
                               Township
3607      PA................  Rail Crossing                     $206,300
                               signalization upgrade,
                               Bowers Road, Lyons
                               Station, Berks County
3608      PA................  Rail Crossing                     $206,300
                               signalization upgrade
                               at Hill Road, Township
                               of Blandon, County of
                               Berks
3609      PA................  Safety improvements at          $1,905,700
                               Liberty Street
                               intersection with PA
                               Route 61 in W.
                               Brunswick and N.
                               Manheim Twp.,
                               Schuylkill County
3610      PA................  Replace Stossertown               $500,000
                               Bridge (Main Street)
                               over West Creek in
                               Branch Township,
                               Schuylkill County
3611      PA................  Replace bridge over               $250,000
                               Little Mahantongo Creek
                               at intersection of
                               Hepler and Valley Roads
                               in Upper Mahantongo
                               Twp., Schuylkill County
3612      PA................  Replace Union Street              $500,000
                               Bridge over Middle
                               Creek in the borough of
                               Tremont, Schuvlkill
                               County
3613      PA................  Replace Burd St. Bridge           $500,000
                               over Amtrak and Norfolk
                               Southern railroad
                               tracks in the Borough
                               of Royalton, Dauphin
                               County
3614      PA................  Hummelstown Borough, PA         $2,000,000
                               for intersection and
                               pedestrian realignment
                               and drainage.
3615      MN................  City of Moorhead                $2,000,000
                               Southeast Main GSI 34th
                               Street and I-94
                               interchange''
3616      MN................  Paynesville Highway 23          $2,000,000
                               Bypass
3617      AR................  Construction of I-530          $40,000,000
                               between Pine Bluff and
                               Wilmer
3618      NY................  Conduct study to develop          $100,000
                               regional transit
                               strategy in Herkimer
                               and Oneida counties
3619      NY................  Improve Town                      $250,000
                               weatherization
                               capabilities on Tucker
                               Drive, Poughkeepsie, NY
3620      NY................  Bedell Road                       $130,000
                               improvements,
                               Poughkeepsie, NY
3621      NY................  Land acquisition and              $500,000
                               improvements on Main
                               Street, Beacon, NY
3622      NY................  Construction of                   $100,000
                               sidewalks in Sugar Loaf
3623      CT................  I-84 Expressway                 $1,500,000
                               Reconstruction from
                               Waterbury to Southbury
3624      DC................  Road and trail                    $600,000
                               reconstruction and
                               drainage improvements
                               (APHCC)
3625      GA................  Central Hall Recreation         $2,000,000
                               and Multi-Use Trail,
                               Hall County, GA
3626      OH................  Land acquisition for              $700,000
                               construction of
                               pedestrian and bicycle
                               trails at Mentor Marsh
                               in Ohio
3627      OH................  Design and construct              $300,000
                               road enhancements
                               Andrews Road and
                               Lakeshore Blvd in
                               Mentor on-the-Lake, OH
3628      OH................  Design and construct            $2,500,000
                               road enhancements
                               Cleveland Port
                               Authority in Cleveland,
                               Ohio
3629      LA................  Red River National              $3,000,000
                               Wildlife Refuge Visitor
                               Center
3630      TN................  For the advancement of          $2,000,000
                               project development
                               activities for SR-33
                               from Knox County Line
                               to SR-61 at
                               Maynardville, TN
3631      CA................  To convert a railroad           $5,000,000
                               bridge into a highway
                               bridge spanning over
                               the Feather River
                               between Yuba City and
                               Marysville
------------------------------------------------------------------------

       In item 49 of the table contained in section 3038 of the 
     bill, strike ``Hidalgo County, TX Regional Multi-Modal 
     Center'' and insert ``Yonkers, NY Trolley Bus Acquisition'' 
     and strike ``$640,000'', ``660,000'', and ``$700,000'' and 
     insert ``$96,000'', ``$99,000'', and ``$105,000'', 
     respectively.
       In item 380 of such table, strike ``Expand Diesel Emission 
     Reduction Program of Gateway Cities COG'' and insert 
     ``Columbiana County, OH Construct Intermodal Facility'' and 
     strike ``$992,000'', ``$1,023,000'', and ``$1,085,000'' and 
     insert ``$1,600,000'', ``$1,650,000'', and ``$1,750,000'', 
     respectively.
       In item 162 of such table, strike ``Brownsville, TX 
     Brownsville Ruban System City-Wide Transit Improvement 
     Project'' and insert ``Brownsville, TX Brownsville Urban 
     System City-Wide Transit Improvement Project'' and strike 
     ``$640,000'', ``$660,000'', and ``$700,000'' and insert 
     ``$800,000'', ``825,000'', and ``$875,000'', respectively.
       In item 179 of such table, strike ``Albany, OR Construct 
     Pathway From Multimodal Transit Station to Swanson Park'' and 
     insert ``Cleveland, OH Construct passenger intermodal center 
     near Dock 32'' and strike ``$166,400'', ``$171,600'', and 
     ``$182,000'' and insert ``$275,200'', ``$283,800'', and 
     ``$301,000'', respectively.
       In item 379 of such table, strike ``Ramapo, NY 
     Transportation Safety Field Command Center (TSFCC)'' and 
     insert ``Ramapo, NY Transportation Safety Field Bus''.
       In item 197 of such table, strike ``Brooklyn, NY Brooklyn 
     Children's Museum'' and insert ``Brooklyn, NY Construct a 
     multi-modal transportation facility''.
       In item 343 of such table, strike ``Brooklyn, NY Kings 
     County Hospital Center'' and insert ``Kings County, NY 
     Construct a multi-modal transportation facility''.
       In item 408 of such table, strike ``Brooklyn, NY SUNY 
     Downstate Medical Center'' and insert ``Brooklyn, NY 
     Construct a multi-modal transportation facility in the 
     vicinity of Downstate Medical Center''.
       In item 163 of such table, strike ``$2,240,000'', 
     ``$2,310,000'', and ``$2,450,000'' and insert ``$1,600,000'', 
     ``$1,650,000'', and ``$1,750,000''.
       In item number 351 of such table, amend the project 
     description to read as follows: ``Charlotte North Carolina--
     Eastland Community Transit Center''.
       In item 341 of such table, insert ``Foothill Transit'' 
     before ``Park''.
       In item 296 of such table, strike ``$960,000'', 
     ``$990,000'', and ``$1,050,000'' and insert ``$160,000'', 
     ``$165,000'', and ``$175,000'', respectively.

[[Page 4202]]

       In item 7 of such table, strike ``$640,000'', ``$660,000'', 
     and ``$700,000'' and insert ``$1,920,000'', ``$1,980,000'', 
     and ``$2,100,000'', respectively.
       In item 97 of such table, strike ``$640,000'', 
     ``$660,000'', and ``$700,000'' and insert ``$800,000'', 
     ``$825,000'', and ``$875,000'', respectively.
       In item 69 of such table, strike ``$2,080,000'', 
     ``$2,145,000'', and ``$2,275,000'' and insert ``$2,320,000'', 
     ``$2,392,500'', and ``$2,537,500'', respectively.
       In item 211 of such table, strike ``$2,880,000'', 
     ``$2,970,000'', and ``$3,150,000'' and insert ``$1,600,000'', 
     ``$1,650,000'', and ``$1,750,000'', respectively.
       In item 133 of such table, strike ``$800,000'' for fiscal 
     year 2006 and insert ``$1,290,000''.
       In item 378 of such table, strike ``and freight access'' .
       In item 389 of such table, strike ``$800,000'', 
     ``$825,000'', and ``$875,000'' and insert ``$960,000'', 
     ``$990,000'', and ``$1,050,000'', respectively.
       In item 61 of such table, strike ``$400,000'', 
     ``$412,500'', and ``$437,500'' and insert ``$480,000'', 
     ``$495,000'', and ``$525,000'', respectively.
       In item 89 of such table, strike ``$256,000'', 
     ``$264,000'', and ``$280,000'' and insert ``$296,000'', 
     ``$305,250'', and ``$323,750'', respectively.
       In item 33 of such table, strike ``$320,000'', 
     ``$330,000'', and ``$350,000'' and insert ``$480,000'', 
     ``$495,000'', and ``$525,000'', respectively.
       In item 141 of such table, strike ``$160,000'', 
     ``$165,000'', and ``$175,000'' and insert ``$320,000'', 
     ``$330,000'', and ``$350,000'', respectively.
       In item 26 of such table,--
       (1) strike ``Construct'' and insert ``Plan, design, and 
     construct'' ; and
       (2) strike ``$640,000'', ``$660,000'', and ``$700,000'' and 
     insert ``$800,000'', ``$825,000'', and ``$875,000'', 
     respectively.
       In item 203 of such table,--
       (1) insert ``Construct'' before ``East Valley Metro Bus 
     Facility''; and
       (2) strike ``$1,600,000'', ``$1,650,000'', and 
     ``$1,750,000'' and insert ``$2,080,000'', ``$2,145,000'', and 
     ``$2,275,000'', respectively.
       In item 241 of such table, strike ``$160,000'', 
     ``$165,000'', and ``$175,000'' and insert ``$960,000'', 
     ``$990,000'', and ``$1,050,000'', respectively.
       In item 129 of such table, strike ``$640,000'', 
     ``$660,000'', and ``$700,000'' and insert ``$1,280,000'', 
     ``$1,320,000'', and ``$1,400,000'', respectively.
       In item 265 of such table, strike ``$160,000'', 
     ``$165,000'', and ``$175,000'' and insert ``$256,000'', 
     ``$264,000'', and ``$280,000'', respectively.
       In item 291 of such table, strike ``$800,000'', 
     ``$825,000'', and ``$875,000'', and insert ``$920,000'', 
     ``$948,750'', and ``$1,006,250'', respectively.
       In item 385 of such table, insert ``Norristown, PA-'' at 
     the beginning of the project description.
       In item 72 of such table, strike ``Hammond, Louisiana-
     Passenger Intermodal facility at Southern University'' and 
     insert ``Hammond, Louisiana--Passenger Intermodal facility at 
     Southeastern University''.
       In item 233 of such table, strike ``$320,000'', 
     ``$330,000'', and ``$350,000'' and insert ``$960,000'', 
     ``$990,000'', and ``$1,050,000'', respectively.
       In item 111 of such table, strike 
     ``$320,000,''``$330,000'', and ``$350,000'' and insert 
     ``$640,000'', ``$660,000'', and ``$700,000'', respectively.
       In item number 11 of such table, strike the project 
     description and dollar amounts and insert ``Development of 
     Gold Country Stage Transit Transfer Center, Nevada County, 
     CA'' and ``$297,702'', ``$307,006'', and ``$325,612'', 
     respectively.
       In item number 56 of such table, strike the project 
     description and dollar amounts and insert ``Brooklyn, NY--
     Rehabilition of Bay Ridge 86th Street Subway Station'' and 
     ``$1,280,000'', ``$1,320,000'', and ``$1,400,000'', 
     respectively.
       In item number 305 of such table, strike the project 
     description and dollar amounts and insert ``Roanoke, 
     Virginia-- Intermodal Facility'' and ``$64,000'', 
     ``$66,000'', and ``$70,000'', respectively.
       In item 168 of such table, strike ``Elizabeth, NJ Broad 
     Street Streetscape Improvements and Bus Shelters'' and insert 
     ``Eugene, OR Lane Transit District, Bus Rapid Transit 
     Progressive Corridor Enhancements'', and strike 
     ``$224,000'',``$231,000'', and ``$245,000'' and insert 
     ``$960,000'', ``$990,000'', and ``$1,050,000'' .
       In item 100 of such table, strike the project description 
     and dollar amounts and insert ``State of Wisconsin buses and 
     bus facilities'' and ``$5,120,000'', ``$5,280,000'', and 
     ``$5,600,000'', respectively.
       In item 12 of such table, strike ``$320,000'', 
     ``$330,000'', ``$350,000'' and insert ``$576,000'', 
     ``$594,000'', and ``$630,000''.
       In item 273 of such table, strike ``$288,000'', 
     ``$297,000'', and ``$315,000'' and insert ``$400,000'', 
     ``$412,500'', and ``$437,500'', respectively.
       In item 106 of such table, strike ``$112,000'', 
     ``$115,500'', and ``$122,500'' and insert ``$224,000'', 
     ``$231,000'', and ``$245,000'', respectively.
       In item 304 of the such table, strike ``$75,000'' and 
     insert ``$2,500,000''.
       In item 229 of the such table, strike ``$75,000'' and 
     insert ``$1,000,000''.
       In item 284 of the such table, strike the project 
     description and dollar amounts and insert ``Cornwall, NY--
     Purchase Bus'' and the following dollar amounts, 
     respectively: ``$27,840'', ``$28,710'', and ``$30,450''.
       In item 163 of such table, strike ``Normal, Illinois--
     Multimodal Transportation Center'' and insert ``Normal, 
     Illinois--Multimodal Transportation Center, including 
     facilities for adjacent public and nonprofit uses''.
       At the end of such table, add the following:

----------------------------------------------------------------------------------------------------------------
              Project                          FY 06                     FY 07                    FY 08
----------------------------------------------------------------------------------------------------------------
415. Purchase Buses and construct    $480,000                   $495,000                $525,000
 bus facilities in Broward County,
 FL.
416. Improve marine intermodal       $8,000,000                 $8,250,000              $8,750,000
 facilities in Ketchikan.
417. Indianapolis, Indiana--         $320,000                   $330,000                $350,000
 Childrens Museum Intermodal Center.
418. Windham, New Hampshire--        $1,184,000                 $1,221,000              $1,295,000
 Construction of Park and Ride Bus
 facility at Exit 3.
419. Brooklyn, NY--Rehabilition of   $640,000                   $660,000                $700,000
 Bay Ridge 86th Street Subway
 Station.
420. Purchase Buses and construct    $640,000                   $660,000                $700,000
 bus facilities in Broward County,
 FL.
421. Bayamon, Puerto Rico--Purchase  $272,000                   $280,500                $297,500
 of Trolley Cars.
422. C Street Expanded bus facility  $1,600,000                 $1,650,000              $1,750,000
 and intermodal parking garage,
 Anchorage, AK.
423. Morris Thompson Cultural and    $800,000                   $825,000                $875,000
 Visitors Center intermodal parking
 facility, Fairbanks, AK.
424. Sharon, PA--Bus Facility        $160,000                   $165,000                $175,000
 Construction.
425. CITC Non-profit Services        $960,000                   $990,000                $1,050,000
 Center intermodal parking
 facility, Anchorage, AK.
426. Abilene, TX Vehicle             $128,000                   $132,000                $140,000
 replacement and facility
 improvements for transit system.
427. Alaska Native Medical Center    $1,600,000                 $1,650,000              $1,750,000
 intermodal parking facility.
428. Butler, PA--Multimodal Transit  $320,000                   $330,000                $350,000
 Center Construction.
429. Normal, Illinois--Multimodal    $640,000                   $660,000                $700,000
 Transportation Center.
430. Rochester, New York--           $640,000                   $660,000                $700,000
 Renaissance Square transit center.

[[Page 4203]]

 
431. Erie, PA--EMTA Vehicle          $640,000                   $660,000                $700,000
 Acquisition.
432. Miami-Dade County, Florida--    $1,280,000                 $1,320,000              $1,400,000
 buses and bus facilities.
433. Centralia, Illinois--South      $128,000                   $132,000                $140,000
 Central Mass Transit District
 Improvements.
434. Roanoke, VA--Bus restoration    $80,000                    $82,500                 $87,500
 in the City of Roanoke.
435. Denver, Colorado--Regional      $640,000                   $660,000                $700,000
 Transportation District Bus
 Replacement.
436. Intermodal facility             $8,000,000                 $8,250,000              $8,750,000
 improvements at the Port of
 Anchorage.
437. American Village/Montevallo     $96,000                    $99,000                 $105,000
 construction of closed loop Access
 Road, bus lanes and parking
 facility.
438. Corpus Christi, TX Corpus       $800,000                   $825,000                $875,000
 Regional Transit Authority for
 maintenance facility improvements.
439. Central Florida Commuter Rail   $1,600,000                 $1,650,000              $1,750,000
 intermodal facilities.
440. Ames, Iowa--Expansion of        $640,000                   $660,000                $700,000
 CyRide Bus Maintenance Facility.
----------------------------------------------------------------------------------------------------------------

       In section 1101 of the bill, strike subsection (a) and 
     insert the following:
       (a) In General.--The following sums are authorized to be 
     appropriated from the Highway Trust Fund (other than the Mass 
     Transit Account):
       (1) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States Code, $4,323,076,000 for fiscal year 2004, 
     $4,486,153,000 for fiscal year 2005, $4,601,932,000 for 
     fiscal year, 2006, $4,715,480,000 for fiscal year 2007, 
     $4,831,867,000 for fiscal year 2008, and $4,951,164,000 for 
     fiscal year 2009.
       (2) National highway system.--For the National Highway 
     System under section 103 of that title, $5,187,691,000 for 
     fiscal year 2004, $5,557,383,000 for fiscal year 2005, 
     $5,705,318,000 for fiscal year 2006, $5,831,576,000 for 
     fiscal year 2007, $5,971,240,000 for fiscal year 2008, and 
     $6,111,396,000 for fiscal year 2009.
       (3) Bridge program.--For the bridge program under section 
     144 of that title, $3,709,440,000 for fiscal year 2004, 
     $3,942,176,000 for fiscal year 2005, $4,037,231,000 for 
     fiscal year 2006, $4,134,661,000 for fiscal year 2007, 
     $4,234,528,000 for fiscal year 2008, and $4,336,891,000 for 
     fiscal year 2009.
       (4) Highway safety improvement program.--For the highway 
     safety improvement program under sections 130 and 152 of that 
     title, $630,000,000 for fiscal year 2005, $645,000,000 for 
     fiscal year 2006, $660,000,000 for fiscal year 2007, 
     $680,000,000 for fiscal year 2008, and $695,000,000 for 
     fiscal year 2009. Of such funds \1/3\ per fiscal year shall 
     be available to carry out section 130 and \2/3\ shall be 
     available to carry out section 152.
       (5) Surface transportation program.--For the surface 
     transportation program under section 133 of that title, 
     $6,052,306,000 for fiscal year 2004, $6,950,614,000 for 
     fiscal year 2005, $6,788,704,000 for fiscal year 2006, 
     $6,947,672,000 for fiscal year 2007, $7,110,614,000 for 
     fiscal year 2008, and $7,282,629,000 for fiscal year 2009.
       (6) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program under section 149 of that title, 
     $1,469,846,000 for fiscal year 2004, $1,521,592,000 for 
     fiscal year 2005, $1,559,257,000 for fiscal year 2006, 
     $1,597,863,000 for fiscal year 2007, $1,637,435,000 for 
     fiscal year 2008, and $1,677,996,000 for fiscal year 2009.
       (7) Appalachian development highway system program.--For 
     the Appalachian development highway system program under 
     section 14501 of title 40, United States Code, $460,000,000 
     for fiscal year 2004 and $470,000,000 for each of fiscal 
     years 2005 through 2009.
       (8) Recreational trails program.--For the recreational 
     trails program under section 206 of title 23, United States 
     Code, $53,000,000 for fiscal year 2004, $70,000,000 for 
     fiscal year 2005, $80,000,000 for fiscal year 2006, 
     $90,000,000 for fiscal year 2007, $100,000,000 for fiscal 
     year 2008, and $110,000,000 for fiscal year 2009.
       (9) Federal lands highways program.--
       (A) Indian reservation roads.--For Indian reservation roads 
     under section 204 of title 23, United States Code, 
     $325,000,000 for fiscal year 2004, $365,000,000 for fiscal 
     year 2005, $390,000,000 for fiscal year 2006, $395,000,000 
     for fiscal year 2007, $420,000,000 for fiscal year 2008, and 
     $420,000,000 for fiscal year 2009.
       (B) Park roads and parkways.--For park roads and parkways 
     roads under section 204 of that title, $170,000,000 for 
     fiscal year 2004, $185,000,000 for fiscal year 2005, 
     $200,000,000 for fiscal year 2006, $215,000,000 for fiscal 
     year 2007, $225,000,000 for fiscal year 2008, and 
     $225,000,000 for fiscal year 2009.
       (C) Public lands highway.--For public lands highway under 
     section 204 of that title, $250,000,000 for fiscal year 2004, 
     $260,000,000 for fiscal year 2005, $280,000,000 for fiscal 
     year 2006, $280,000,000 for fiscal year 2007, $290,000,000 
     for fiscal year 2008, and $300,000,000 for fiscal year 2009.
       (D) Refuge roads.--For refuge roads under section 204 of 
     that title, $20,000,000 for each of fiscal years 2004 through 
     2009.
       (10) National corridor infrastructure improvement 
     program.--For the national corridor infrastructure 
     improvement program under section 1301 of this title, 
     $600,000,000 for fiscal year 2005, $600,000,000 for fiscal 
     year 2006, $600,000,000 for fiscal year 2007, $600,000,000 
     for fiscal year 2008, and $600,000,000 for fiscal year 2009.
       (11) Coordinated border infrastructure program.--For the 
     coordinated border infrastructure program under section 1302 
     of this title, $200,000,000 for fiscal year 2005, 
     $200,000,000 for fiscal year 2006, $200,000,000 for fiscal 
     year 2007, $200,000,000 for fiscal year 2008, and 
     $225,000,000 for fiscal year 2009.
       (12) Projects of national and regional significance 
     program.--For the projects of national and regional 
     significance program under section 1304 of this title, 
     $1,100,000,000 for fiscal year 2005, $1,100,000,000 for 
     fiscal year 2006, $1,200,000,000 for fiscal year 2007, 
     $1,300,000,000 for fiscal year 2008, and $1,300,000,000 for 
     fiscal year 2009.
       (13) National scenic byways program.--For the national 
     scenic byways program under section 162 of title 23, United 
     States Code, $30,000,000 for fiscal year 2004, $40,000,000 
     for fiscal year 2005, $45,000,000 for fiscal year 2006, 
     $55,000,000 for fiscal year 2007, $55,000,000 for fiscal year 
     2008, and $60,000,000 for fiscal year 2009.
       (14) Deployment of 511 traveler information program.--For 
     the 511 traveler information program under section 1204(c)(7) 
     of this title, $6,000,000 for each of fiscal years 2005 
     through 2009.
       (15) High priority projects program.--For the high priority 
     projects program under section 117 of title 23, United States 
     Code, $2,496,450,000 for fiscal year 2005, $2,244,550,000 for 
     fiscal year 2006, $2,143,250,000 for fiscal year 2007, 
     $2,192,450,000 for fiscal year 2008, and $2,050,450,000 for 
     fiscal year 2009.
       (16) Freight intermodal connector program.--For the freight 
     intermodal connector program under section 1303 of this 
     title, $421,000,000 for fiscal year 2005, $421,000,000 for 
     fiscal year 2006, $421,000,000 for fiscal year 2007, 
     $421,000,000 for fiscal year 2008, and $426,000,000 for 
     fiscal year 2009.
       (17) High risk rural road safety improvement program.--For 
     the high risk rural road safety improvement program under 
     section 1403 of this title, $105,000,000 for fiscal year 
     2005, $110,000,000 for fiscal year 2006, $120,000,000 for 
     fiscal year 2007, $125,000,000 for fiscal year 2008, and 
     $130,000,000 for fiscal year 2009.
       (18) Pedestrian and cyclist equity--safe routes to school 
     program.--For the safe routes to school program under section 
     1120(a) of this title, $175,000,000 for fiscal year 2005, 
     $200,000,000 for fiscal year 2006, $200,000,000 for fiscal 
     year 2007, $200,000,000 for fiscal year 2008, and 
     $225,000,000 for fiscal year 2009.
       In section 1103(a)(1) of the bill, strike the matter 
     proposed to be inserted as section 104(a)(1) of title 23, 
     United States Code, and insert the following:
       ``(1) Deduction for administrative expenses.--Whenever an 
     apportionment is made of the sums made available for 
     expenditure on the surface transportation program under 
     section 133 for a fiscal year, the Secretary shall deduct 
     $390,000,000 for fiscal year 2004, $365,000,000 for fiscal 
     year 2005, $395,000,000 for fiscal year 2006, $395,000,000 
     for fiscal year 2007, $395,000,000 for fiscal year 2008, and 
     $400,000,000 for fiscal year 2009.
       In the matter proposed to be inserted as section 104(a)(2) 
     of title 23, United States

[[Page 4204]]

     Code, by section 1103(a)(1) of the bill, strike ``authorized 
     to be appropriated'' and insert ``deducted''.
       In section 1103(a) of the bill--
       (1) insert ``and'' after the semicolon at the end of 
     paragraph (1); and
       (2) strike paragraphs (2) and (3) and insert the following:
       (2) in paragraph (4) by striking ``and the Federal Motor 
     Carrier Safety Administration''.
       In section 1103(d) of the bill--
       (1) redesignate paragraphs (1) and (2) as paragraphs (2) 
     and (3), respectively;
       (2) insert before paragraph (2) (as so redesignated) the 
     following:
       (1) in subsection (b) by striking ``set-aside authorized by 
     subsection (f) '' and inserting ``set-asides authorized by 
     subsections (f) and (m)'';
       In section 1103 of the bill--
       (1) redesignate subsections (d) and (e) as subsections (e) 
     and (f) respectively; and
       (2) insert after subsection (c) the following:
       (d) Set-Asides.--Section 104 of such title is amended by 
     adding at the end the following:
       ``(m) Set-Asides.--
       ``(1) Highway use tax evasion program.--Whenever an 
     apportionment is made of the sums made available for 
     expenditure on the National Highway System under section 103 
     for a fiscal year, the Secretary shall set aside for highway 
     use tax evasion projects under section 143 of this title 
     $12,000,000 for fiscal year 2004, $30,000,000 for fiscal year 
     2005, $30,000,000 for fiscal year 2006, $20,000,000 for 
     fiscal year 2007, $10,000,000 for fiscal year 2008, and 
     $7,000,000 for fiscal year 2009.
       ``(2) Commonwealth of puerto rico highway program.--
     Whenever an apportionment is made of the sums made available 
     for expenditure on the National Highway System under section 
     103 for a fiscal year, the Secretary shall set aside for the 
     Commonwealth of Puerto Rico highway program under section 
     1214(r) of the Transportation Equity Act for the 21st Century 
     (112 Stat. 209), $115,000,000 for fiscal year 2004, 
     $125,000,000 for fiscal year 2005, $130,000,000 for fiscal 
     year 2006, $130,000,000 for fiscal year 2007, $140,000,000 
     for fiscal year 2008, and $140,000,000 for fiscal year 2009.
       ``(3) Deployment of magnetic levitation transportation 
     projects.--Whenever an apportionment is made of the sums made 
     available for expenditure on the National Highway System 
     under section 103 for a fiscal year, the Secretary shall set 
     aside for carrying out section 1117 of the Transportation 
     Equity Act: A Legacy for Users, relating to deployment of 
     magnetic levitation transportation projects, $15,000,000 for 
     fiscal year 2005 and $20,000,000 for each of fiscal years 
     2006 through 2009.
       ``(4) Congestion pricing pilot program.--Whenever an 
     apportionment is made of the sums made available for 
     expenditure on the congestion mitigation and air quality 
     improvement program under section 149 for a fiscal year, the 
     Secretary shall set aside for the congestion pricing pilot 
     program under section 1209 of the Transportation Equity Act: 
     A Legacy for Users $15,000,000 for fiscal year 2004, 
     $15,000,000 for fiscal year 2005, $15,000,000 for fiscal year 
     2006, $15,000,000 for fiscal year 2007, $15,000,000 for 
     fiscal year 2008, and $15,000,000 for fiscal year 2009.
       ``(5) Highways for life program.--Whenever an apportionment 
     is made of the sums made available for expenditure on the 
     Interstate maintenance program under section 119 for a fiscal 
     year, the Secretary shall set aside for the Highways for LIFE 
     program under section 1504 of the Transportation Equity Act: 
     A Legacy for Users $55,000,000 for fiscal year 2005 and 
     $60,000,000 for each of fiscal years 2006 through 2009.
       ``(6) Construction of ferry boats and ferry terminal 
     facilities.--Whenever an apportionment is made of the sums 
     made available for expenditure on the National Highway System 
     under section 103 for a fiscal year, the Secretary shall set 
     aside for construction of ferry boats and ferry terminal 
     facilities under section 165 of this title $60,000,000 for 
     fiscal year 2004, $70,000,000 for fiscal year 2005, 
     $75,000,000 for fiscal year 2006, $75,000,000 for fiscal year 
     2007, $75,000,000 for fiscal year 2008, and $75,000,000 for 
     fiscal year 2009.
       ``(7) ITS deployment.--Whenever an apportionment is made of 
     the sums made available for expenditure on the surface 
     transportation program under section 133 for a fiscal year, 
     the Secretary shall set aside for carrying out sections 5208 
     and 5209 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 458; 112 Stat. 460), $100,000,000 for each 
     of fiscal years 2004 and 2005.
       ``(8) Safety incentive grants for use of seat belts.--
     Whenever an apportionment is made of the sums made available 
     for expenditure on the surface transportation program under 
     section 133 for a fiscal year, the Secretary shall set aside 
     for safety incentive grants for use of seat belts under 
     section 157 of this title $112,000,000 for each of fiscal 
     years 2004 and 2005.
       ``(9) Safety incentives to prevent operation of motor 
     vehicles by intoxicated persons.--Whenever an apportionment 
     is made of the sums made available for expenditure on the 
     surface transportation program under section 133 for a fiscal 
     year, the Secretary shall set aside for safety incentives to 
     prevent operation of motor vehicles by intoxicated persons 
     under section 163 of this title $110,000,000 for each of 
     fiscal years 2004 and 2005.
       ``(10)  Transportation and community and system 
     preservation program.--Whenever an apportionment is made of 
     the sums made available for expenditure on the surface 
     transportation program under section 133 for a fiscal year, 
     the Secretary shall set aside for the transportation and 
     community and system preservation program under section 1221 
     of the Transportation Equity Act for the 21st Century (23 
     U.S.C. 101 note) $25,000,000 for fiscal year 2004, 
     $30,000,000 for fiscal year 2005, $35,000,000 for fiscal year 
     2006, $35,000,000 for fiscal year 2007, and $35,000,000 for 
     each of fiscal years 2008 and 2009.''.
       In section 1103 of the bill, strike subsection (f) (as so 
     redesignated), relating to the Puerto Rico highway program, 
     and insert the following:
       (f) Puerto Rico Highway Program.--Section 1214(r) of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     209; 117 Stat. 1114; 118 Stat. 1149) is amended--
       (1) in paragraph (1) by striking ``authorized by section 
     1101(a)(15) for each of fiscal years 1998 through 2005'' and 
     inserting ``set aside by section 104(m)(2) of title 23, 
     United States Code, for each of fiscal years 2004 through 
     2009''; and
       (2) in paragraph (2) by striking ``made available by 
     section 1101(a)(15) of this Act'' and inserting ``set aside 
     by section 104(m)(2) of title 23, United States Code,''.
       Strike section 1104 of the bill and insert the following:

     SEC. 1104. MINIMUM GUARANTEE.

       (a) General Rule.--Section 105(a) of title 23, United 
     States Code, is amended--
       (1) by striking ``1998 through 2003'' and inserting ``2004 
     through 2009'';
       (2) by striking ``and recreational trails'' and inserting 
     ``recreational trails, coordinated border infrastructure, 
     freight intermodal connectors, safe routes to school, highway 
     safety improvement, and high risk rural road safety 
     improvement''; and
       (3) by inserting ``(other than subsection (g))'' after 
     ``under this section''.
       (b) Treatment of Funds.--Section 105(c)(1) of such title is 
     amended--
       (1) by striking ``$2,800,000,000'' and inserting 
     ``$2,870,000,000 in fiscal year 2004, $2,941,750,000 in 
     fiscal year 2005, $3,015,293,750 in fiscal year 2006, 
     $3,090,676,094 in fiscal year 2007, $3,167,942,996 in fiscal 
     year 2008, and $3,247,141,571 in fiscal year 2009''; and
       (2) by striking ``and recreational trails'' each place it 
     appears and inserting ``recreational trails, coordinated 
     border infrastructure, freight intermodal connectors, safe 
     routes to school, highway safety improvement, and high risk 
     rural road safety improvement''.
       (c) Authorization.--Section 105(d) of such title is amended 
     by striking ``1998 through 2003'' and inserting ``2004 
     through 2009''.
       (d) Special Rule.--Section 105(e) of such title is amended 
     to read as follows:
       ``(e) Special Rule.--Notwithstanding any other provision of 
     this section, if, in any of fiscal years 2004 through 2009, 
     the highest quotient obtained by dividing--
       ``(1) a State's percentage share of the total 
     apportionments for such fiscal year for programs referred to 
     in subsection (a) (other than minimum guarantee), by
       ``(2) the percentage for such State listed in subsection 
     (b),

     is greater than 1.3, the Secretary shall allocate to the 
     State with the highest quotient the minimum apportionment 
     specified in subsection (a). The apportionments for the 
     programs referred to in subsection (a) for the State with the 
     highest quotient, estimated tax payments to the Highway Trust 
     Fund attributable to highway users referred to in subsection 
     (f) for such State, and percentage referred to in subsection 
     (b) for such State shall be excluded from the computations 
     required in subsection (f).''.
       (e) Guaranteed Specified Return.--Section 105(f) of such 
     title is amended--
       (1) in the subsection heading by striking ``of 90.5'' and 
     inserting ``Specified''; and
       (2) in paragraph (1) by striking ``1999 through 2003'' and 
     inserting ``2004 through 2009''.
       (f) Equity Adjustment.--Section 105 of such title is 
     further amended by adding at the end the following:
       ``(g) Equity Adjustment.--
       ``(1) In general.--For each of fiscal years 2004 through 
     2009, after making the allocations under subsection (a), the 
     Secretary shall allocate among the States additional amounts 
     sufficient to ensure that no State receives an allocation 
     under this subsection and subsection (a) that in the 
     aggregate is less than the amount the State would have 
     received under subsection (a) had high priority projects not 
     been included among the list of programs referred to in 
     subsection (a). Any such additional allocations shall be 
     excluded from the computations required in subsection (f).
       ``(2) Rate of return.--For each of fiscal years 2004 
     through 2009, the Secretary shall allocate among the States 
     amounts sufficient to ensure that, for the aggregate of funds 
     distributed under subsection (a), paragraph (1) of this 
     subsection, and this paragraph, the rate of return, as 
     defined in subsection (f)(1), is not less than 90.5. The 
     special rule in subsection (e) shall not apply to the 
     calculation made under this paragraph.''.

[[Page 4205]]

       (g) Conforming Amendments.--
       (1) Section 131.--Section 131(m) of title 23, United States 
     Code, is amended by striking ``in accordance with the program 
     of projects approval process of section 105'' and inserting 
     ``in accordance with the approval process of section 106''.
       (2) Section 140.--Section 140 of such title is amended--
       (A) in subsection (a) by striking ``programs for projects 
     as provided for in subsection (a) of section 105 of this 
     title'' and inserting ``project under this chapter''; and
       (B) in subsection (c) by striking ``subsection 104(b)(3) of 
     this title'' and inserting ``section 104(b)(3)''.
       (h) Scope Adjustment.--
       (1) Determination of set-aside.--Before allocating funds 
     provided to carry out the program under section 1301 of this 
     Act, the Secretary shall set aside an amount sufficient to 
     ensure that the quotient obtained by dividing--
       (A) the sum of--
       (i) the amounts authorized for the programs identified in 
     section 105(a) of title 23, United States Code,
       (ii) the amounts authorized under section 105(g) of such 
     title, and
       (iii) the amount apportioned under this section, by
       (B) the total contract authority authorized for the 
     Federal-aid highway program,
     equals 0.926.
       (2) Apportionment of funds.--The amount set aside under 
     paragraph (1) shall be added to the amount authorized for the 
     Surface Transportation Program under Section 104(b)(3)(a) of 
     title 23 U.S. Code and shall be included in the calculation 
     of minimum guarantee under section 105(a) of such title.
       (3) Restoration.--The Secretary shall make available such 
     sums as may be necessary to restore to the funds made 
     available to carry out the program under section 1301 an 
     amount equal to the amount set aside under paragraph (1).
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) such sums as may be necessary to 
     carry out this subsection.
       (5) Applicability of title 23.--Funds made available to 
     carry out this subsection shall be available for obligation 
     in the same manner as if such funds were apportioned under 
     chapter 1 of title 23, United States Code.
       In section 1115 of the bill, after subsection (c) insert 
     the following (and redesignate subsection (d) as subsection 
     (e)):
       (d) Set-Aside for Transportation Infrastructure Finance and 
     Innovation Act.--Section 144(g) of such title is amended by 
     adding at the end the following:
       ``(4) Transportation infrastructure finance and innovation 
     act.--Whenever an apportionment is made under subsection (e) 
     of the sums made available for carrying out the bridge 
     program under this section for a fiscal year, the Secretary 
     shall set aside $130,000,000 for fiscal year 2004 and 
     $140,000,000 for each of fiscal years 2005 through 2009 to 
     carry out chapter 6 of title 23, United States Code.''.
       In section 1116 of the bill, strike subsection (a) and 
     redesignate subsequent subsections accordingly.
       In section 1116(a) (as so redesignated), strike ``of such 
     Act'' and insert ``of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 
     879; 118 Stat. 1149)''.
       In section 1117 of the bill, strike subsections (d) and 
     (e).
       In section 1121(a)(3)(A) of the bill, strike ``and (C)'' 
     and insert ``, (C), and (D)''.
       In section 1121(a)(3)(C) of the bill, strike the 
     subparagraph designation and heading and insert the 
     following:
       (C) Set-aside for administrative expenses.--
       In section 1121(a)(3) of the bill, after subparagraph (C), 
     insert the following (and redesignate the subsequent 
     subparagraph accordingly):
       (D) Set-aside for nonmotorized pilot program.--Before 
     apportioning amounts made available to carry out this 
     subsection under this paragraph and the set-aside under 
     subparagraph (C) for a fiscal year, the Secretary shall set 
     aside for the nonmotorized pilot program under subsection (b) 
     of this section $25,000,000 for each of fiscal years 2005 
     through 2009.
       In section 1121(b) of the bill, strike paragraph (4) and 
     redesignate the subsequent paragraphs accordingly.
       In section 1303(e) of the bill, before ``, the Secretary'' 
     insert ``after the deductions under subsection (i)''.
       At the end of section 1303 of the bill, insert the 
     following:
       (i) Deductions.--
       (1) Freight intermodal distribution pilot grant program.--
     Whenever an apportionment is made of the sums made available 
     for carrying out this section for a fiscal year, the 
     Secretary shall deduct $6,000,000 for each of fiscal years 
     2005 through 2009 for the freight intermodal distribution 
     pilot grant program under section 1307 of this Act.
       (2) Dedicated truck lanes.--Whenever an apportionment is 
     made of the sums made available for carrying out this section 
     for a fiscal year, the Secretary shall deduct for dedicated 
     truck lanes under section 1305 of this title $165,000,000 for 
     each of fiscal years 2005 through 2008 and $170,000,000 for 
     fiscal year 2009.
       In section 1305 of the bill--
       (1) in subsection (e) insert a comma after ``In this 
     section'';
       (2) strike subsection (d); and
       (3) redesignate subsection (e) as subsection (d).
       Strike section 1405 of the bill and insert the following:

     SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.

       Section 157(g) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1) by inserting ``and'' after ``2002,'';
       (2) in paragraph (1) by striking ``2003,'' and all that 
     follows through ``2005'' and inserting ``2003'';
       (3) in paragraph (2) by inserting ``or set aside for fiscal 
     year 2004 or 2005 under section 104(m)(8)'' after ``paragraph 
     (1)'';
       (4) in paragraph (3)(B) by striking ``2005'' and inserting 
     ``2003''; and
       (5) in paragraph (3)(B) by inserting ``or the amounts set 
     aside for any of fiscal years 2004 and 2005 under section 
     104(m)(8)'' after ``paragraph (1)''.
       In section 1601(g) of the bill, strike the matter proposed 
     to be inserted as section 188 of title 23, United States 
     Code, and insert the following:

     ``Sec. 188. Special rules

       ``(a) Availability.--Amounts made available to carry out 
     this chapter shall remain available until expended.
       ``(b) Administrative Costs.--From funds made available to 
     carry out this chapter, the Secretary may use, for the 
     administration of this subchapter, not more than $3,000,000 
     for each of fiscal years 2004 through 2009.
       ``(c) Limitations on Credit Amounts.--For each of fiscal 
     years 2004 through 2009, principal amounts of Federal credit 
     instruments made available under this chapter shall be 
     limited to $2,600,000,000.''.
       In section 1406 of the bill, strike subsection (b) and 
     insert the following:
       (b) Authorization of Appropriations.--Section 163(f)(1) of 
     such title, as redesignated by subsection (a)(1) of this 
     section, is amended--
       (1) by inserting ``and'' after ``2002,''; and
       (2) by striking ``, $110,000,000 for fiscal year 2004'' and 
     all that follows through ``2005''.
       In section 1406 of the bill, add at the end the following:
       (d) Conforming Amendment.--Section 163(f)(2) of such title, 
     as redesignated by subsection (a)(1) of this section, is 
     amended by inserting after ``by this subsection'' the 
     following: ``and the funds set aside to carry out this 
     section''.
       In section 1602(c) of the bill, strike the item relating to 
     section 608 (relating to funding) and insert the following:
``608. Special rules.
       In each of sections 1102(c)(4) and 1102(c)(5) of the bill, 
     insert after ``paragraph (3)'' the following: ``or 0.932 in 
     any case in which such ratio is less than 0.932 (except that 
     the higher ratio shall not apply to the program under section 
     14501 of title 40, United States Code)''.
       In section 1114(a) of the bill, redesignate paragraphs (1), 
     (2), and (3) as paragraphs (2), (3), and (4), respectively, 
     and insert before paragraph (2) (as so redesignated) the 
     following:
       (1) in subsection (c)(1) by striking ``2003'' and inserting 
     ``2005'';
       In section 1114 of the bill, strike subsection (e) and 
     insert the following:
       (e) Effective Date.--The amendments made by paragraphs (2) 
     through (4) of subsection (a) and by subsection (b) shall 
     take effect on September 30, 2005.
       In the matter proposed to be inserted as section 202(d)(3) 
     of title 23, United States Code, by section 1119(a) of the 
     bill, insert after subparagraph (C) the following (and 
     redesignate subsequent subparagraphs accordingly):
       ``(D) Secretary as signatory.--Notwithstanding any other 
     provision of law, the Secretary is authorized to enter into a 
     funding agreement with an Indian tribe or tribal government 
     to carry out a highway, road, bridge, parkway, or transit 
     project under subparagraph (A) that is located on an Indian 
     reservation or provides access to the reservation or a 
     community of the Indian tribe.
       In section 1119 of the bill, redesignate subsections (c), 
     (d), and (e) as subsections (e), (f), and (g), respectively, 
     and insert after subsection (b) the following:
       (c) BIA Administrative Expenses.--Section 202(d)(2) of such 
     title is further amended by adding at the end the following:
       ``(F) Administrative expenses.--Of the funds authorized to 
     be appropriated for Indian reservation roads, $27,000,000 for 
     fiscal year 2006, $28,000,000 for fiscal year 2007, 
     $29,000,000 for fiscal year 2008, and $30,000,000 for fiscal 
     year 2009 may be used by the Secretary of the Interior for 
     program management oversight and project-related 
     administrative expenses.''.
       (d) Bridge Preconstruction Activities Eligibility.--Section 
     202(d)(4)(B) of such title is amended by adding at the end 
     the following: ``Of the amount reserved under this paragraph 
     for a fiscal year, not more than 15 percent may be used for 
     preconstruction activities, such as engineering and 
     design.''.

[[Page 4206]]

       At the end of subtitle C of title I of the bill, insert the 
     folllowing (and conform the table of contents of the bill):

     SEC. 1307. FREIGHT INTERMODAL DISTRIBUTION PILOT GRANT 
                   PROGRAM.

       (a) In General.--The Secretary shall establish and 
     implement a freight intermodal distribution pilot grant 
     program.
       (b) Purposes.--The purposes of the program established 
     under subsection (a) shall be--
       (1) to facilitate and support intermodal freight 
     transportation initiatives at the State and local levels to 
     relieve congestion and improve safety; and
       (2) to provide capital funding to address infrastructure 
     and freight distribution needs at inland ports and intermodal 
     freight facilities.
       (c) Selection Process.--
       (1) Applications.--A State shall submit an application to 
     the Secretary containing such information as the Secretary 
     may require to receive funding under this section.
       (2) Priority.--In selecting projects to be funded under the 
     pilot program, the Secretary shall give priority to projects 
     that will--
       (A) reduce congestion into and out of international ports 
     located on the west coast of the United States;
       (B) demonstrate ways to increase the likelihood that 
     freight container movements involve freight containers 
     carrying goods; and
       (C) establish or expand intermodal facilities that 
     encourage the development of inland freight distribution 
     centers.
       (d) Eligible Projects.--Funds made available under this 
     section shall be used by the recipient for projects described 
     in an application approved by the Secretary. Such projects 
     shall help relieve congestion, improve transportation safety, 
     facilitate international trade, and encourage public-private 
     partnership. Such projects may include developing and 
     constructing intermodal freight distribution and transfer 
     facilities at inland ports.
       (e) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects assisted under this section shall 
     be treated as projects on a Federal-aid system under such 
     chapter.
       In section 1809 of the bill, strike subsection (d) and 
     insert the following:
       (d) Construction Work in Alaska.--Section 114 of title 23, 
     United States Code, is amended by adding at the end of the 
     following:
       ``(c) Construction Work in Alaska.--
       ``(1) In general.--The Secretary shall ensure that a worker 
     who is employed on a remote project for the construction of a 
     highway or portion of a highway located on a Federal-aid 
     system in the State of Alaska and who is not a domiciled 
     resident of the locality shall receive meals and lodging.
       ``(2) Lodging.--The lodging under paragraph (1) shall be in 
     accordance with section 1910.142 of title 29, Code of Federal 
     Regulations (relating to temporary labor camp requirements).
       ``(3) Per diem.--
       ``(A) In general.--Contractors are encouraged to use 
     commercial facilities and lodges on remote projects, but, if 
     such facilities are not available, per diem in lieu of room 
     and lodging may be paid on remote Federal highway projects at 
     a basic rate of $75.00 per day or part thereof the worker is 
     employed on the project. If the contractor provides or 
     furnishes room and lodging or pays a per diem, the cost of 
     the amount shall not be considered a part of wages, but shall 
     be excluded therefrom.
       ``(B) Secretary of labor.--Such per diem rate shall be 
     adopted by the Secretary of Labor for all applicable remote 
     Federal highway projects in Alaska.
       ``(C) Exception.--Per diem shall not be allowed on any of 
     the following remote projects for the construction of a 
     highway or portion of a highway located on a Federal-aid 
     system:
       ``(i) West of Livengood on the Elliot Highway.
       ``(ii) Mile 0 on the Dalton Highway to the North Slope of 
     Alaska; north of Mile 20 on the Taylor Highway.
       ``(iii) East of Chicken on the Top of the World Highway and 
     south of Tetlin Junction to the Alaska Canadian border.
       ``(4) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Remote.--The term `remote', as used with respect to a 
     project, means that the project is 65 miles or more from the 
     United States Post Office in either Fairbanks or Anchorage, 
     Alaska, or is inaccessible by road in a 2-wheel drive 
     vehicle.
       ``(B) Resident.--The term `resident', as used with respect 
     to a project, means a person living within 65 miles of the 
     midpoint of the project for at least 12 consecutive months 
     prior to the award of the project.''.
       In section 1822(8) strike ``and'' the last place it 
     appears.
       In section 1822 of the bill, after paragraph (3), insert 
     the following:
       (4) in item number 566 by striking ``Prunedale Bypass'' and 
     inserting ``improvements to Prunedale'';
       (5) in item number 744 by striking ``Preliminary'' and all 
     that follows through ``Fitchburg'' and inserting ``Design, 
     construction or reconstruction, and right of way acquisition 
     for roadway improvements along the Route 12 corridor in 
     Leominster and Fitchburg to enhance access from Route 2 to 
     North Leominster and downtown Fitchburg'';
       Redesignate subsequent paragraphs of section 1822 
     accordingly.
       At the end of title I of the bill, insert the following 
     (and conform the table of contents accordingly):

     SEC. 1838. INCLUSION OF CERTAIN ROUTE SEGMENTS ON THE 
                   INTERSTATE SYSTEM.

       Section 1105(e)(5) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032; 118 Stat. 293) is 
     amended--
       (1) in subparagraph (A) by striking ``and subsection 
     (c)(45)'' and inserting ``subsection (c)(45), and subsection 
     (c)(57)''; and
       (2) by adding the following at the end of subparagraph 
     (B)(i): ``The route referred to in subsection (c)(57) is 
     designated as Interstate Route I-41.''.

     SEC. 1839. RESCISSION OF UNOBLIGATED BALANCES.

       (a) In General.--On September 30, 2009, $12,000,000,000 of 
     the unobligated balances of funds apportioned before such 
     date to the States for the Interstate maintenance, national 
     highway system, bridge, congestion mitigation and air quality 
     improvement, surface transportation (other than the STP set-
     aside programs), metropolitan planning, minimum guarantee, 
     Appalachian development highway system, recreational trails, 
     safe routes to school, freight intermodal connectors, 
     coordinated border infrastructure, high risk rural road, and 
     highway safety improvement programs, and each of the STP set-
     aside programs, is rescinded.
       (b) Allocation Among States.--The Secretary shall determine 
     each State's share of the amount to be rescinded by 
     subsection (a) on September 30, 2009, by multiplying 
     $12,000,000,000 by the ratio of the aggregate amount 
     apportioned to such State for fiscal years 2004 through 2009 
     for all the programs referred to in subsection (a) to the 
     aggregate amount apportioned to all States for such fiscal 
     years for those programs.
       (c) Calculations.--To determine the allocation of the 
     amount to be rescinded for a State under subsection (b) among 
     the programs referred to in subsection (a), the Secretary 
     shall make the following calculations:
       (1) The Secretary shall multiply such amount to be 
     rescinded by the ratio that the aggregate amount of 
     unobligated funds available to the State on September 30, 
     2009, for each such program bears to the aggregate amount of 
     unobligated funds available to the State on September 30, 
     2009, for all such programs.
       (2) The Secretary shall multiply such amount to be 
     rescinded by the ratio that the aggregate of the amount 
     apportioned to the State for each such program for fiscal 
     years 2004 through 2009 bears to the aggregate amount 
     apportioned to the State for all such programs for fiscal 
     years 2004 through 2009.
       (d) Allocation Among Programs.--
       (1) In general.--The Secretary, in consultation with the 
     State, shall rescind for the State from each program referred 
     to in subsection (a) the amount determined for the program 
     under subsection (c)(1).
       (2) Special rule.--
       (A) Restoration of funds for covered programs.--If the 
     rescission calculated under subsection (c)(1) for a covered 
     program exceeds the amount calculated for the covered program 
     under subsection (c)(2), the State shall immediately restore 
     to the apportionment account for the covered program from the 
     unobligated balances of programs referred to in subsection 
     (a) (other than covered programs) the amount of funds 
     required so that the net rescission from the covered program 
     does not exceed the amount calculated for the covered program 
     under subsection (c)(2).
       (B) Treatment of restored funds.--Any funds restored under 
     subparagraph (A) shall be deemed to be the funds that were 
     rescinded for the purposes of obligation.
       (3) Covered program defined.--In paragraph (2), the term 
     ``covered program'' means a program authorized under sections 
     130 and 152 of title 23, United States Code, paragraph (1), 
     (2), or (3) of section 133(d) of that title, section 144 of 
     that title, section 149 of that title, or section 1121(a) of 
     this Act.
       (e) Treatment of Safety Programs.--In making calculations 
     under subsections (c)(1), (c)(2), and (d)(2), the Secretary 
     shall treat the STP set-aside program for safety programs and 
     the highway safety improvement program as a single program.
       (f) STP Set-Aside Program Defined.--In this section, the 
     term ``STP set-aside program'' means the amount set aside 
     under section 133(d) of title 23, United States Code, for 
     each of the safety programs, transportation enhancement 
     activities, and division between urbanized areas of over 
     200,000 population and other areas.
       At the end of title II of the bill, insert the following:

     SEC. 2013. DRUG IMPAIRED DRIVING ENFORCEMENT.

       (a) Short Title.--This section may be cited as the ``Drug 
     Impaired Driving Research and Prevention Act''.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Controlled substance.--The term ``controlled 
     substance'' includes substances

[[Page 4207]]

     listed in schedules I through V of section 112(e) of the 
     Controlled Substances Act (21 U.S.C. 812(e)).
       (2) Drug recognition expert.--The term ``drug recognition 
     expert'' means an individual trained in a specific evaluation 
     procedure that enables the person to determine whether an 
     individual is under the influence of drugs and then to 
     determine the type of drug causing the observable impairment.
       (c) Model Statute.--
       (1) In general.--The Secretary shall develop a model 
     statute for States relating to drug impaired driving.
       (2) Contents.--The model statute shall include--
       (A) threshold levels of impairment for a controlled 
     substance;
       (B) practicable methods for detecting the presence of 
     controlled substances; and
       (C) penalties for drug impaired driving.
       (3) Recommendations.--The model statute shall be based on 
     the recommendations contained in the report submitted under 
     subsection (f).
       (4) Date.--The model statute should be provided to States 
     no later than 1 year after submission of the report contained 
     in subsection (f).
       (d) Research and Development.--Section 403(b) of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) New technology to detect drug use.
       ``(6) Research and development to improve testing 
     technology, including toxicology lab resources and field test 
     mechanisms to enable States to process toxicology evidence in 
     a more timely manner.
       ``(7) Determining per se unlawful impairment levels for 
     controlled substances and the compound effects of alcohol and 
     controlled substances on impairment to facilitate enforcement 
     of per se drug impaired driving laws. Research under this 
     paragraph shall be carried out in collaboration with the 
     National Institute on Drug Abuse of the National Institutes 
     of Health.''.
       (e) Duties.--The Administrator of the National Highway 
     Traffic Safety Administration shall--
       (1) advise and coordinate with other Federal agencies on 
     how to address the problem of driving under the influence of 
     an illegal drug; and
       (2) conduct research on the prevention, detection, and 
     prosecution of driving under the influence of an illegal 
     drug.
       (f) Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the National Institutes of Health 
     shall submit to the Secretary and to Congress a report on the 
     problem of drug-impaired driving.
       (2) Contents.--The report shall include--
       (A) a description of the extent of the problem of driving 
     under the influence of an illegal drug in each State and any 
     available information relating thereto, including a 
     description of any laws relating to the problem of driving 
     under the influence of an illegal drug;
       (B) an assessment of the status of drug impaired driving 
     laws in the United States;
       (C) a review of the compound effects of alcohol and 
     controlled substances on impairment;
       (D) the role of drugs as a causal factor in traffic 
     crashes;
       (E) an assessment of new research and technologies 
     developed in the area of drug detection for drug-impaired 
     driving enforcement, including noninvasive methods of 
     detection;
       (F) recommendations for addressing the problem of driving 
     under the influence of an illegal drug, including 
     recommendations on levels of impairment;
       (G) a State-by-State review of drug recognition expert 
     programs and recommendations for enhancing those programs 
     through the training and utilization of drug recognition 
     experts; and
       (H) recommendations for developing a model statute relating 
     to drug-impaired driving.
       (g) Funding.--Out of amounts appropriated to carry out 
     section 403 of title 23, United States Code, for fiscal years 
     2006 through 2009, the Secretary shall use $1,200,000 per 
     fiscal year to carry out this section.

     SEC. 2014. TRANSPORTATION OF SCHOOLCHILDREN.

       The third sentence of section 402(a) of title 23, United 
     States Code, is amended--
       (1) by striking ``and'' before ``(6)''; and
       (2) by inserting before the period at the end the 
     following: ``, and (7) to prevent use of any motor vehicle 
     designed to transport between 9 and 15 passengers (including 
     the driver) for the transportation of children to and from 
     school and events related to school''.

     SEC. 2015. RURAL STATE EMERGENCY MEDICAL SERVICES 
                   OPTIMIZATION PILOT PROGRAM.

       (a) In General.--From funds made available to carry out 
     section 403 of title 23, United States Code, for fiscal year 
     2006, the Secretary shall make $1,000,000 available to 
     conduct a pilot program for optimizing Emergency Medical 
     Services (EMS) in a rural State.
       (b) Collecting Data.--The pilot program shall focus on 
     collecting geo-coded data for highway accidents and resulting 
     injuries, analyzing data to develop injury patterns and 
     distributions, and improving placement and management of EMS 
     resources and personnel.
       (c) Selection.--The Secretary shall enter into an agreement 
     with the State of Alaska to conduct the pilot program.
       (d) Report.--Not later than 12 months after the completion 
     of the pilot program, the Secretary shall transmit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the results of 
     the pilot program and recommendations for application to 
     other rural States.

     SEC. 2016. STATE APPORTIONMENTS.

       Section 402(c) of the title 23, United States Code, is 
     amended by striking ``The annual apportionment to each State 
     shall not be less than one-half of 1 per centum'' and insert 
     ``The annual apportionment to each State shall not be less 
     than three-quarters of 1 percent''.
       In the matter proposed to be inserted as section 5308(d) of 
     title 49, United States Code, by section 3009 of the bill, 
     strike ``35'' and insert ``25''.
        In the first sentence of the matter proposed to be 
     inserted as section 5309(d)(1) of title 49, United States 
     Code, by section 3010(d) of the bill, after ``$25,000,000,'' 
     insert the following: ``and the total estimated net capital 
     cost of the project is less than $200,000,000,''.
       In the matter proposed to be inserted as section 
     5317(c)(3)(A)(i) of title 49, United States Code, by section 
     3018(a) of the bill, strike ``in other than urbanized areas 
     of the State''.
       In section 3023(g)(5), strike the subparagraph designation 
     and heading for subparagraph (B) and insert the following:
       (B) Definitions.--
       In section 3023(g)(5)(B)--
       (1) strike ``the term'' the first place it appears and 
     insert ``the terms'';
       (2) insert ``,`negotiated procurement', and `contractor' '' 
     before ``for purposes of''; and
       (3) strike ``the term'' the second place it appears and 
     insert ``the terms'' .
       At the end of section 3023(g)(5), insert the following:
       (C) Post-award waivers.--To permit a grantee to request a 
     non-availability waiver from the Buy America requirements 
     under section 661.7c of title 49, Code of Federal 
     Regulations, after contract award in any case in which the 
     contractor has made a certification of compliance with the 
     requirements in good faith.
       (D) Certification under negotiated procurement process.--In 
     any case in which a negotiated procurement process is used, 
     compliance with the Buy America requirements shall be 
     determined on the basis of the certification submitted with 
     the final offer.
       At the end of section 3023, add the following:
       (i) Government Share of Costs for Certain Projects.--
     Section 5323(i) is amended--
       (1) by striking ``(including clean fuel or alternative fuel 
     vehicle-related equipment)''; and
       (1) by inserting ``or facilities'' after ``equipment'' each 
     place it occurs.
       (j) Alternative Fueling Facilities.--Section 5323 is futher 
     amended by adding at the end the following:
       ``(p) Alternative Fueling Facilities.--A recipient of 
     assistance under this chapter may allow the incidental use of 
     Federally funded alternative fueling facilities and equipment 
     by nontransit public entities and private entities if--
       ``(1) the incidental use does not interfere with the 
     recipient's public transportation operations;
       ``(2) all costs related to the incidental use are fully 
     recaptured by the recipient from the nontransit public entity 
     or private entity;
       ``(3) the recipient uses revenues received from the 
     incidental use in excess of costs for eligible projects under 
     this chapter; and
       ``(4) private entities pay all applicable excise taxes on 
     fuel.''.
       At the end of the matter proposed to be inserted in section 
     5325 of title 49, United States Code, by section 3025(a)(1) 
     of the bill, strike the closing quotation marks and the final 
     period and insert the following:
       ``(i) Bus Dealer Requirements.--No State law requiring 
     buses to be purchased through in-State dealers shall apply to 
     vehicles purchased with a grant under this chapter. ''.
       In section 3037(a)(10), strike ``$20,000,000'' and insert 
     ``$24,084,000''.
       In section 3037(a)(22), strike ``$12,211,061'' and insert 
     ``$12,651,061''.
       After section 3037(b)(13), insert the following:
       (__) Nashua--Commuter Rail.
       In section 3037(b)(21), strike ``Center Line LRT'' and 
     insert ``Rapid Transit Project''.
       Redesignate the paragraphs in section 3037(b) accordingly.
       In section 3037(c), before paragraph (1) insert the 
     following:
       (__) Alameda, California--Fixed Guideway Corridor Project.
       Strike section 3037(c)(7) and insert the following:
       (__) Atlanta--West Line I-20 Corridor Project.
       In section 3037(c)(10), strike ``Regional'' and insert 
     ``Urban''.
       In section 3037(c)(11), strike ``Baltimore Light Rail 
     System Extensions'' and insert ``Baltimore--Red Line Transit 
     Project''.

[[Page 4208]]

       After section 3037(c)(11), insert the following:
       (__) Baltimore--Green Line Transit Project.
       (__) Baton Rouge--Bus Rapid Transit.
       After section 3037(c)(18), insert the following:
       (__) Bridgeport, Connecticut--Bridgeport Intermodal 
     Facility.
       In section 3037(c)(25), strike ``-West''.
       After section 3037(c)(25), insert the following:
       (__) Charlotte--West Corridor Project.
       After section 3037(c)(53), insert the following:
       (__) Florence-Myrtle Beach-Charleston, South Carolina--High 
     Speed Rail Corridor.
       After section 3037(c)(61), insert the following:
       (__) Harrisburg, Pennsylvania--Corridor One MOS-2 (East 
     Mechanicsburg to Carlisle).
       (__) Henderson-Las Vegas-North Las Vegas--Regional Fixed 
     Guideway Project.
       After section 3037(c)(101), insert the following:
       (__) Minneapolis-St. Paul-Hinckley, Minnesota--Rush Line 
     Corridor.
       Strike section 3037(c)(105).
       After section 3037(c)(110), insert the following:
       (__) New Bedford-Fall River, Massachusetts--Commuter Rail 
     Extension.
       After section 3037(c)(148), insert the following:
       (__) Sacramento--Downtown Streetcar Project.
       After section 3037(c)(154), insert the following:
       (__) Salt Lake-Provo--Commuter Rail Extension.
       After section 3037(c)(158), insert the following:
       (__) San Diego--San Diego Imperial County Mag-Lev Rail 
     Airport Corridor Project.
       Strike section 3037(c)(174).
       After section 3037(c)(180), insert the following:
       (__) Stamford, Connecticut--Boston Post Road Intermodal 
     Center and Capacity Expansion Project.
       Redesignate the paragraphs in section 3037(c) accordingly.
       After section 3042, insert the following (and redesignate 
     subsequent sections and conform the table of contents 
     accordingly):

     SEC. 3043. FORGIVENESS OF GRANT AGREEMENT.

       Notwithstanding any other provision of law (including any 
     regulation), any outstanding balances on the following grant 
     agreements made to the Lane County Transit District, Oregon, 
     do not have to be repaid:
       (1) Federal Contract Number OR-03-0087.
       (1) Federal Contract Number OR-90-X094.
       In section 4113(a) of the bill, before the closing 
     quotation marks, insert the following:

     ``Sec. 31162. Operators registered in Mexico and Canada

       ``No operator of a commercial motor vehicle (as defined in 
     section 31101) licensed in Mexico or Canada may operate in 
     the United States a commercial motor vehicle transporting 
     hazardous material until the operator has undergone a 
     background records check similar to the background records 
     check required of operators of commercial motor vehicles 
     licensed in the United States to transport hazardous 
     materials.
       In section 4113(b) of the bill, insert before the closing 
     quotation marks the following:

``31162. Operators registered in Mexico and Canada.

       In section 4129 of the bill, strike ``State licensed'' and 
     all that follows through the final period at the end and 
     insert: ``State licensed or certified Mental Health 
     counselors, State licensed or certified marriage and family 
     therapists, or addiction specialists certified by the 
     American Academy of Health Care Providers in the Addictive 
     Disorders to act as substance abuse professionals under 
     subpart O of part 40 of title 49, Code of Federal 
     Regulations.''.
       Strike section 4130 and insert the following:

     SEC. 4130. INTERSTATE VAN OPERATIONS.

       The Federal motor carrier safety regulations that apply to 
     Interstate operations of commercial motor vehicles designed 
     to transport between 9 and 15 passengers (including the 
     driver) shall apply to all Interstate operations of such 
     carriers regardless of the distance traveled.
       At the end of subtitle A of title IV of the bill, insert 
     the following:

     SEC. 4137. TRUCKLOAD FUEL SURCHARGE.

       (a) In General.--Chapter 137 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 13714. Fuel surcharge

       ``(a) Requirement for Fuel Surcharge.--Any contract or 
     agreement, providing for truckload transportation or service 
     involving a motor carrier, broker, or freight forwarder 
     subject to jurisdiction under chapter 135 of this title that 
     regularly provides such transportation or service, shall 
     include a requirement that the payer of transportation 
     charges pay a fuel surcharge that is no less than the amount 
     of the Increased Cost of Fuel as determined under subsection 
     (c).
       ``(b) Implementation.--The surcharge required by subsection 
     (a)--
       ``(1) shall apply during any period in which the Current 
     Diesel Fuel Price surpasses, by $0.05 per gallon of diesel 
     fuel, the Benchmark Price determined under subsection (c);
       ``(2) shall expire when the Current Diesel Fuel Price 
     equals or is less than $0.05 above the Benchmark Price set 
     forth in subsection (c);
       ``(3) shall be calculated on the date the applicable 
     shipment is physically tendered to the motor carrier, broker, 
     or freight forwarder;
       ``(4) shall be itemized separately on the invoices of the 
     motor carrier, broker, or freight forwarder;
       ``(5) shall be paid to the motor carrier, broker, or 
     freight forwarder by the payer of transportation charges;
       ``(6) shall not apply to any transportation contract or 
     agreement, in effect on the date of enactment of this 
     section, that provides for a fuel cost adjustment or 
     surcharge; and
       ``(7) may be expressed on a mileage basis, as a percentage 
     of the freight charge, or in any other manner the motor 
     carrier, broker, or freight forwarder elects.
       ``(c) Calculation of Increased Cost of Fuel.--
       ``(1) Increased cost of fuel.--For purposes of this 
     section, the Increased Cost of Fuel shall be the amount 
     determined by subtracting the Benchmark Price from the 
     Current Diesel Fuel Price and then multiplying the difference 
     by the number of gallons of diesel fuel used in the 
     transportation or service provided.
       ``(2) Benchmark price.--For purposes of this section, the 
     following apply:
       ``(A) Initial price.--For the period beginning on the date 
     of enactment of this section and ending immediately before 
     the effective date of the first adjusted Benchmark Price 
     under subparagraph (B), the Benchmark Price shall be $1.10 
     per gallon of diesel fuel.
       ``(B) Subsequent adjustments.--During each calendar year 
     subsequent to the calendar year of enactment of this section, 
     the Secretary of Transportation shall adjust the Benchmark 
     Price by the percentage change in the previous calendar 
     year's Annual Truckload Producer Price Index as determined by 
     the Department of Labor and shall publish that adjusted 
     Benchmark Price in the Federal Register. The effective date 
     of each adjusted Benchmark Price shall be the first day of 
     the month following the date of such publication.
       ``(3) Current diesel fuel price.--For purposes of this 
     section, the Current Diesel Fuel Price shall--
       ``(A) be the latest weekly average price for retail on-
     highway diesel fuel published by the Energy Information 
     Administration for the Petroleum Administration for Defense 
     district or subdistrict where a shipment is physically 
     tendered to the motor carrier, broker, or freight forwarder; 
     and
       ``(B) take effect the midnight after the weekly average 
     price is published.
       ``(4) Amount of fuel used.--In calculating the number of 
     gallons of diesel fuel used in providing transportation or 
     service under paragraph (1)--
       ``(A) it shall be assumed that a gallon of diesel fuel is 
     used for each 5 miles of transportation; and
       ``(B) the mileage of the transportation or service provided 
     shall be the number of miles as determined under the `Defense 
     Table of Official Distances' issued by the Surface Deployment 
     and Distribution Command, Department of Defense or under any 
     applicable mileage guide established under section 
     13703(a)(1)(D).
       ``(d) Limitation on Authority.--Notwithstanding any other 
     provision of this part, any action to enforce this section 
     may only be brought by the motor carrier, broker, or freight 
     forwarder that provided the transportation services against 
     the payor of the transportation charges or by the payor of 
     the transportation charges against the motor carrier, broker, 
     of freight forwarder that provided the transportation 
     services. In such action, a court shall have the authority to 
     determine whether a fuel surcharge required under this 
     section has been assessed or paid. A court shall not have the 
     authority in such action to review any other charges imposed 
     by the provider of the transportation services. 
     Notwithstanding the publication of the Benchmark Price under 
     subsection (c)(2), neither the Secretary of Transportation 
     nor the Surface Transportation Board shall have regulatory or 
     enforcement authority relating to provisions of this section.
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Payer of transportation charges.--The term `payer of 
     transportation charges' means any person who pays for the 
     transportation or service involved.
       ``(2) Person responsible for paying for fuel.--The term 
     `person responsible for paying for fuel' means any person who 
     bears the cost of fuel used for the transportation or service 
     involved.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``13714. Fuel surcharge.''.

       (c) Conforming Amendment.--Section 14102 of title 49, 
     United States Code is amended by adding at the end the 
     following:
       ``(c) Mandatory Pass-Through to Cost Bearer.--

[[Page 4209]]

       ``(1) In general.--A motor carrier, broker, or freight 
     forwarder providing transportation or service using fuel not 
     paid for by it--
       ``(A) shall pass through to the person responsible for 
     paying for fuel any fuel surcharge or adjustment required 
     pursuant to section 13714 or provided for in a transportation 
     contract or agreement at the same time payment for the 
     transportation or service is made to the person responsible 
     for paying for fuel;
       ``(B) shall disclose in writing to the person responsible 
     for paying for fuel the amount of all freight rates, charges, 
     and fuel surcharges applicable to that transportation or 
     service; and
       ``(C) may not reduce, for the purpose of adjusting for or 
     avoiding the pass-through of a fuel surcharge, nonfuel 
     related compensatory transportation payments to the person 
     responsible for paying for fuel.
       ``(2) Limitation on authority.--Notwithstanding any other 
     provision of this part, the person responsible for paying for 
     fuel may bring an action to enforce this subsection under 
     section 14704 against the motor carrier, freight forwarder, 
     or broker providing the transportation services with vehicles 
     not owned by it or with fuel not paid for by it. Neither the 
     Secretary of Transportation nor the Surface Transportation 
     Board shall have regulatory or enforcement authority relating 
     to provisions of this subsection.''.
       In the matter proposed to be inserted as section 507 of 
     title 23, United States Code, by section 5203 of the bill--
       (1) in subsection (e)(2) strike ``and develop'' and insert 
     ``develop'';
       (2) in subsection (e)(2) insert ``; expand research and 
     thinking on the uses for and vegetation of transportation 
     corridors in the United States; expand research efforts aimed 
     at understanding wildlife movement near corridors, roadkill 
     rates, and road-barrier effects and at developing efficient 
     mitigation designs for road crossing by animals; catalyze 
     research on the effects of corridors and traffic on adjoining 
     land, including traffic disturbance and the spread of 
     invasive species; conduct further research on means of 
     restoring natural hydrologic and sediment flows and 
     distributions in the vicinity of roads; expand research on 
     transportation's effects on water quality, aquatic 
     ecosystems, and fish in various bodies of water and on 
     ecologically effective solutions; support, expand, and 
     initiate research on the ecological effects of air pollutants 
     from roads and vehicles at the roadside, neighborhood, 
     regional, and global levels; develop road-network models and 
     approaches for reducing habitat fragmentation, population 
     extinction, wildlife-corridor, and remote-area impacts; 
     foster collaborative landscape-wide environmental analyses by 
     engineers, ecologists, and planners, with an emphasis on 
     combining ecological solutions with other societal 
     objectives; and stimulate research on understanding public 
     preferences for improvements in natural systems of both 
     short- and long-term significance to society'' after 
     ``enhancement measures'';
       (3) in subsection (e)(3) strike ``and develop'' and insert 
     ``develop'';
       (4) in subsection (e)(3) insert ``; develop operational 
     definitions and indicators for environmental justice and 
     social equity as the concepts pertain to transportation; 
     develop and demonstrate methods that can be used to display 
     the incidence of transportation project and program effects, 
     both beneficial and adverse, and develop improved methods for 
     evaluating costs and benefits when they are not evenly 
     distributed, including environmental and social justice 
     impact criteria in system performance measures used in 
     transportation planning and investment decisions; continue 
     and expand studies on the comparative costs of transportation 
     and the effects of different development patterns, 
     particularly for economically disadvantaged communities; and 
     develop and test new methods for integrating public 
     involvement into transportation analysis and decisionmaking, 
     and examine the implications of emerging citizen coalitions 
     for environmental and social justice'' after ``conflict 
     resolution'';
       (5) in subsection (e)(4) strike ``and'' the last place it 
     appears;
       (6) in subsection (e)(4) insert ``; and analyze user 
     response to and future demand for environmentally beneficial 
     vehicles, fuels, and mobility services, such as the demand 
     for and use of new environmentally beneficial vehicles and 
     fuels'' after ``new technologies'';
       (7) in subsection (e)(5) strike ``and develop'' and insert 
     ``develop'';
       (8) in subsection (e)(5) insert ``; continue and expand 
     research on the impacts of transportation facilities; and 
     assess and compare alternative transportation and land use 
     strategies, such as models for regional cooperation'' after 
     ``systematic fashion'';
       (9) in subsection (e)(6) strike ``and develop'' and insert 
     ``develop''; and
       (10) in subsection (e)(6) insert ``; develop a more 
     effective understanding of the perceptions and priorities of 
     the transportation system's customers (users and taxpayers); 
     develop a more effective understanding of the nature of 
     personal travel, as well as associated trends and decision 
     processes; develop a more effective understanding of the 
     nature of commercial travel and the freight industry, as well 
     as associated trends and decision processes, including key 
     trends such as e-commerce and e-freight; develop a more 
     effective understanding of the role of transportation 
     services and facilities in the economy; develop techniques 
     for identifying community aspirations and crafting community 
     and regional visions related to transportation planning; 
     develop tools that incorporate the complex dynamics of travel 
     behavior, and develop the reliable data sets needed for these 
     models; and develop methods and institutional structures for 
     integrating transportation planning, programming, design, and 
     operation'' after ``determine effectiveness''.
       At the end of section 5204 of the bill, insert the 
     following:
       (f) Turner-Fairbank Facility.--Of the funds made available 
     to carry out section 5101(a)(1), $1,000,000 shall be made 
     available by the Secretary for each of fiscal years 2005 
     through 2008 to provide for physical demonstrations of the 
     ongoing work at the Turner-Fairbanks facility with respect to 
     ultra-high performance concrete with ductility.
       In section 5205(h)(3) of the bill, strike ``$3,000,000'' 
     and insert ``$3,500,000''.
       At the end of section 5215 of the bill, insert the 
     following:
       (d) Authorization.--From the amounts made available in 
     section 5101(a)(1), $500,000 shall be available for each of 
     fiscal years 2005 through 2009 to carry out this section.
       In section 5251(a) of title 49, United States Code, as 
     proposed to be added by section 6002 of the bill, strike 
     ``section'' and insert ``subchapter''.
       At the end of subtitle B of title V of the bill, insert the 
     following (and conform the table of contents of the bill 
     accordingly):

     SEC. 5216. HAZARDOUS MATERIALS RESEARCH PROJECTS.

       (a) In General.--The Administrator of the Pipeline and 
     Hazardous Materials Safety Administration shall enter into a 
     contract with the National Academy of Sciences to carry out 
     the 9 research projects called for in the 2005 Special Report 
     283 of the Transportation Research Board entitled 
     ``Cooperative Research for Hazardous Materials 
     Transportation: Defining the Need, Converging on Solutions''. 
     In carrying out the research projects, the National Academy 
     of Sciences shall consult with the Administrator.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall transmit a report 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate on the need to 
     establish a cooperative research program on hazardous 
     materials transportation.
       (c) Funding.--Of the amounts made available by section 
     5101(a)(1) of this Act, $1,000,000 for each of fiscal years 
     2005 through 2009 shall be available to carry out this 
     section.
       At the end of subtitle D of title V of the bill, insert the 
     following:

     SEC. 5403. TRANSPORTATION TECHNOLOGY INNOVATION AND 
                   DEMONSTRATION PROGRAM.

       Section 5117(b)(3) of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 502 note) is amended--
       (1) in subparagraph (B)(i)--
       (A) by striking ``Build an'' and inserting ``Build or 
     integrate an'';
       (B) by striking ``$2,000,000'' and inserting 
     ``$2,500,000'';
       (C) by striking ``300,000 and that'' and inserting a comma; 
     and
       (D) by inserting before the period at the end the 
     following: ``, and includes major transportation corridors 
     serving that metropolitan area'';
       (2) in subparagraph (C)(ii) by striking ``by July 1, 2002'' 
     and inserting ``by 6 months after the date of enactment of 
     the Transportation Equity Act: A Legacy for Users''; and
       (3) in subparagraph (E) by striking clause (ii) and 
     inserting the following:
       ``(ii) The term `follow-on deployment areas' means the 
     metropolitan areas of Albany, Atlanta, Austin, Baltimore, 
     Birmingham, Boston, Burlington, Charlotte, Chicago, 
     Cleveland, Columbus, Dallas/Ft. Worth, Denver, Detroit, 
     Greensboro, Hartford, Houston, Indianapolis, Jacksonville, 
     Kansas City, Las Vegas, Los Angeles, Louisville, Miami, 
     Milwaukee, Minneapolis- St. Paul, Nashville, New Orleans, New 
     York/Northern New Jersey, Norfolk, Northern Kentucky/
     Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, 
     Pittsburgh, Portland, Providence, Raleigh, Richmond, 
     Sacramento, Salt Lake, San Diego, San Francisco, San Jose, 
     St. Louis, Seattle, Tampa, Tucson, Tulsa, and Washington, 
     District of Columbia.''; ''.
       In title VII of the bill, strike section 7005. Redesignate 
     subsequent sections of title VII, and conform the table of 
     contents, accordingly.
       In section 7009(e), strike ``Pipelines'' and insert 
     ``Pipeline''.
       At the end of title VII of the bill, insert the following:

     SEC. 7028. NATIONAL FIRST RESPONDER TRANSPORTATION INCIDENT 
                   RESPONSE SYSTEM.

       (a) In General.--The Secretary shall provide funding to the 
     Operation Respond Institute to design, build, and operate a 
     seamless

[[Page 4210]]

     first responder hazardous materials incident detection, 
     preparedness, and response system.
       (b) Expansion.--This system shall include an expansion of 
     the Operation Respond Emergency Information System (OREIS).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $2,500,000 for each of fiscal years 2005 through 2007.

     SEC. 7029. COMMON CARRIER PIPELINE SYSTEM.

       (a) Study.--The Secretary shall conduct a study of the 
     economic, environmental, and homeland security advantages and 
     disadvantages of operating a common carrier pipeline system 
     in the States of Texas, Louisiana, Mississippi, and Alabama 
     for the transportation of aromatic chemicals.
       (b) Evaluation.--In conducting the study, the Secretary 
     shall evaluate the appropriateness of different Federal 
     incentives for the construction and operation of such a 
     pipeline system, including loan guarantees, other types of 
     financial assistance, and various types of tax incentives.
       (c) Report.--Not later than December 31, 2005, the 
     Secretary shall transmit to Congress a report on the results 
     of the study, including recommendations, if any, for 
     legislation.
       At the end of the bill, add the following (and conform the 
     table of contents of the bill accordingly):

                       TITLE IX--RAIL PROVISIONS

     SEC. 9101. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.

       (a) Corridor Development.--
       (1) Amendments.--Section 26101 of title 49, United States 
     Code, is amended--
       (A) in the section heading, by striking ``planning'' and 
     inserting ``development'';
       (B) in the heading of subsection (a), by striking 
     ``Planning'' and inserting ``Development'';
       (C) by striking ``corridor planning'' each place it appears 
     and inserting ``corridor development'';
       (D) in subsection (b)(1)--
       (i) by inserting ``, or if it is an activity described in 
     subparagraph (M)'' after ``high-speed rail improvements'';
       (ii) by striking ``and'' at the end of subparagraph (K);
       (iii) by striking the period at the end of subparagraph (L) 
     and inserting ``; and''; and
       (iv) by adding at the end the following new subparagraph:
       ``(M) the acquisition of locomotives, rolling stock, track, 
     and signal equipment.''; and
       (E) in subsection (c)(2), by striking ``planning'' and 
     inserting ``development''.
       (2) Conforming amendment.--The item relating to section 
     26101 in the table of sections of chapter 261 of title 49, 
     United States Code, is amended by striking ``planning'' and 
     inserting ``development''.
       (b) Authorization of Appropriations.--Section 26104 of 
     title 49, United States Code, is amended to read as follows:

     ``Sec. 26104. Authorization of appropriations

       ``(a) Fiscal Years 2006 Through 2013.--There are authorized 
     to be appropriated to the Secretary--
       ``(1) $70,000,000 for carrying out section 26101; and
       ``(2) $30,000,000 for carrying out section 26102,
     for each of the fiscal years 2006 through 2013.
       ``(b) Funds to Remain Available.--Funds made available 
     under this section shall remain available until expended.''.

                        TITLE X--TAX PROVISIONS

     SEC. 10001. SHORT TITLE.

       This title may be cited as the ``Highway Reauthorization 
     Tax Act of 2005''.

     SEC. 10002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST 
                   FUNDS.

       (a) Extension of Taxes.--
       (1) In general.--The following provisions of the Internal 
     Revenue Code of 1986 are each amended by striking ``2005'' 
     each place it appears and inserting ``2011'':
       (A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax 
     on certain buses).
       (B) Section 4041(a)(2)(B) (relating to rate of tax on 
     special motor fuels).
       (C) Section 4041(m)(1) (relating to certain alcohol fuels).
       (D) Section 4051(c) (relating to termination of tax on 
     heavy trucks and trailers).
       (E) Section 4071(d) (relating to termination of tax on 
     tires).
       (F) Section 4081(d)(1) (relating to termination of tax on 
     gasoline, diesel fuel, and kerosene).
       (G) Section 4481(f) (relating to period tax in effect).
       (H) Section 4482(c)(4) (relating to taxable period).
       (I) Section 4482(d) (relating to special rule for taxable 
     period in which termination date occurs).
       (2) Floor stocks refunds.--Section 6412(a)(1) of such Code 
     (relating to floor stocks refunds) is amended--
       (A) by striking ``2005'' each place it appears and 
     inserting ``2011'', and
       (B) by striking ``2006'' each place it appears and 
     inserting ``2012''.
       (b) Extension of Certain Exemptions.--The following 
     provisions of such Code are each amended by striking ``2005'' 
     and inserting ``2011'':
       (1) Section 4221(a) (relating to certain tax-free sales).
       (2) Section 4483(h) (relating to termination of exemptions 
     for highway use tax).
       (c) Extension of Deposits Into Trust Funds.--
       (1) In general.--Paragraphs (1) and (2) of subsection (b), 
     and paragraphs (2) and (3) of subsection (c), of section 9503 
     of such Code (relating to the Highway Trust Fund) are each 
     amended--
       (A) by striking ``2005'' each place it appears and 
     inserting ``2011'', and
       (B) by striking ``2006'' each place it appears and 
     inserting ``2012''.
       (2) Motorboat and small-engine fuel tax transfers.--
       (A) In general.--Paragraphs (4)(A)(i) and (5)(A) of section 
     9503(c) of such Code are each amended by striking ``2005'' 
     and inserting ``2011''.
       (B) Conforming amendments to land and water conservation 
     fund.--Section 201(b) of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-11(b)) is amended--
       (i) by striking ``2003'' and inserting ``2009'', and
       (ii) by striking ``2004'' each place it appears and 
     inserting ``2010''.
       (d) Extension and Expansion of Expenditures From Trust 
     Funds.--
       (1) Highway trust fund.--
       (A) Highway account.--Paragraph (1) of section 9503(c) of 
     such Code is amended--
       (i) in the matter before subparagraph (A), by striking 
     ``June 1, 2005'' and inserting ``October 1, 2009'',
       (ii) by striking ``or'' at the end of subparagraph (J),
       (iii) by striking the period at the end of subparagraph (K) 
     and inserting ``, or'',
       (iv) by inserting after subparagraph (K) the following new 
     subparagraph:
       ``(L) authorized to be paid out of the Highway Trust Fund 
     under the Transportation Equity Act: A Legacy for Users.'', 
     and
       (v) in the matter after subparagraph (L), as added by 
     clause (iv), by striking ``Surface Transportation Extension 
     Act of 2004, Part V'' and inserting ``Transportation Equity 
     Act: A Legacy for Users''.
       (B) Mass transit account.--Paragraph (3) of section 9503(e) 
     of such Code is amended--
       (i) in the matter before subparagraph (A), by striking 
     ``June 1, 2005'' and inserting ``October 1, 2009'',
       (ii) by striking ``or'' at the end of subparagraph (H),
       (iii) by inserting ``or'' at the end of subparagraph (I),
       (iv) by inserting after subparagraph (I) the following new 
     subparagraph:
       ``(J) Transportation Equity Act: A Legacy for Users,'', and
       (v) in the matter after subparagraph (J), as added by 
     clause (iv), by striking ``Surface Transportation Extension 
     Act of 2004, Part V'' and inserting ``Transportation Equity 
     Act: A Legacy for Users''.
       (C) Exception to limitation on transfers.--Subparagraph (B) 
     of section 9503(b)(6) of such Code is amended by striking 
     ``June 1, 2005'' and inserting ``October 1, 2009''.
       (2) Aquatic resources trust fund.--
       (A) Sport fish restoration account.--Paragraph (2) of 
     section 9504(b) of such Code is amended by striking ``Surface 
     Transportation Extension Act of 2004, Part V'' each place it 
     appears and inserting ``Transportation Equity Act: A Legacy 
     for Users''.
       (B) Boat safety account.--Subsection (c) of section 9504 of 
     such Code is amended--
       (i) by striking ``June 1, 2005'' and inserting ``October 1, 
     2009'', and
       (ii) by striking ``Surface Transportation Extension Act of 
     2004, Part V'' and inserting ``Transportation Equity Act: A 
     Legacy for Users'' .
       (C) Exception to limitation on transfers.--Paragraph (2) of 
     section 9504(d) of such Code is amended by striking ``June 1, 
     2005'' and inserting ``October 1, 2009''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 10003. TECHNICAL CORRECTIONS REGARDING HIGHWAY-RELATED 
                   TAXES.

       (a) Amendments Related to Section 301 of the American Jobs 
     Creation Act of 2004.--Section 6427 of such Code is amended--
       (1) by striking subsection (f), and
       (2) by striking subsection (o) and redesignating subsection 
     (p) as subsection (o).
       (b) Amendments Related to Section 853 of the American Jobs 
     Creation Act of 2004.--
       (1) Subparagraph (C) of section 4081(a)(2) of the Internal 
     Revenue Code of 1986 is amended by striking ``for use in 
     commercial aviation'' and inserting ``for use in commercial 
     aviation by a person registered for such use under section 
     4101''.
       (2) So much of paragraph (2) of section 4081(d) of such 
     Code as precedes subparagraph (A) is amended to read as 
     follows:
       ``(2) Aviation fuels.--The rates of tax specified in 
     clauses (ii) and (iv) of subsection (a)(2)(A) shall be 4.3 
     cents per gallon--''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     American Jobs Creation Act of 2004 to which they relate.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman

[[Page 4211]]

from Alaska (Mr. Young) and a Member opposed each will control 15 
minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  This is a bipartisan amendment, submitted by the gentleman from 
Minnesota (Mr. Oberstar) and me, and I urge the passage of the 
amendment.
  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Alaska. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, I support the manager's amendment. It is 
a delicate balance which we have reached, and we need to pass it now.
  Mr. EHLERS. Chairman Young and Ranking Member Oberstar have done an 
impressive job moving the transportation reauthorization so quickly in 
the 109th Congress. With this summer's construction season nearly upon 
us, it is critical that we enact a strong transportation bill prior to 
the current extension's expiration--May 31, 2005. It's just as critical 
that this legislation be fair for all States. That's why I've supported 
efforts to increase the rate-of-return in the minimum guarantee to 95 
percent.
  Keeping the scope of programs covered by TEA 21's Minimum Guarantee 
calculation at the TEA 21 level of 92.6 percent is an essential part of 
achieving improved highway funding equity.
  Keeping the scope in TEA-LU consistent with current law will provide 
more funding to my State's core programs and help address the funding 
inequities for donor States.
  I am pleased that the Manager's Amendment includes a new distribution 
formula that brings the scope of programs covered by the Minimum 
Guarantee closer to current law under TEA 21. Michigan and other donor 
States need to prevent going backwards on scope and to improve our rate 
of return to 95 percent.
  I thank Chairman Young for his cooperation with donor States on this 
issue. I hope to work with my colleagues to improve the rate-of-return 
when we get to conference with the Senate. For my State, we're 
depending on a higher rate of return as well as the scope improvements 
we're making today.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise to commend Chairman 
Young and Ranking Member Oberstar, as well as the Subcommittee 
leadership for their hard work in crafting the underlying legislation. 
However, I offer my support for the Manager's Amendment that seeks to 
incorporate very important initiatives that were contained in some of 
the amendments that were made in order by the Committee on Rules.
  While the underlying bill before us proposes to provide $620 million 
for some 175 high priority projects in the State of Texas, there remain 
issues that will pose significant problems for Houston and for Texas 
unless this body offers its commitment to address in the future.
  Toll credits are a significant resource for transit providers because 
they can use them in lieu of obtaining a Federal match--thereby greatly 
expediting the development of major projects that serve the 
communities. This amendment will cripple the value of the toll credit 
program.
  Without the revenue from toll credits, Texas will have less funding 
for the reduction of congestion and the improvement of air quality. In 
reducing an otherwise viable revenue stream, this amendment would 
restrict local governments like Houston from choosing the best tool to 
respond to local conditions and priorities. I would have voted against 
the amendment that would prohibit the tolling of new interstates, 
including the I-69 Corridor, which lacks an alternate source of 
financing.
  I ask that the Committee on Transportation and Infrastructure 
continue its efforts to provide funds to complete the Interstate 69 
Corridor. The termination of the Interstate Program in 1995 left no 
mechanism to finish the nation's few remaining incomplete Interstates 
such as I-69. Currently, there is no program to fund major projects 
which benefit the nation as a whole but whose costs exceed states' 
apportioned funds. Based on these needs, I ask my colleagues to include 
the National Corridor Infrastructure Improvement Program and the 
Projects of National and Regional Significance provisions in the bill 
underlying today. Furthermore, I ask that the Committee include them at 
a funding level equal to those included in H.R. 3550.
  The Manager's Amendment proposes key technical and program 
improvements to the underlying bill language. In particular, I support 
the changes to the calculation of ``Revenue Aligned Budget Authority'' 
(RABA''; re-establishment of budgetary firewalls for highways and 
transit programs; reauthorization of the Swift Rail Act at $100 million 
per year (title IX of the bill); and extension of revenue provisions 
approved by the Ways and Means Committee.
  Moreover, I support the improvements to the bill proposed in the 
Manager's amendment. In particular, due to the tremendous bipartisan 
efforts of my colleagues, the amendment now includes language to 
guarantee that TEA 21's 90.5 percent Minimum Guarantee is protected, 
with a scope defined as no less than 92.6 percent of the highway 
program funds in the bill. This is a significant improvement over the 
bill passed by the House last year. I thank the distinguished Majority 
Leader for his work in ensuring that this measure will protect these 
provisions, allowing the House to move into conference in a stronger 
negotiating position toward achieving a higher MG above 90.5 percent. 
The Manager's Amendment makes this a better bill for Houstonians and 
for Texans.
  I would like to offer my support for the amendment offered by Mr. 
Davis of Virginia that will ensure that tolls are applied equally to 
all users of toll facilities. This amendment would eliminate language 
in the underlying bill that requires lower tolls to be charged to low 
income drivers. Since the administration of differential tolls may be 
challenging for our existing and future toll authorities, this 
amendment will make important adjustments to the underlying bill.
  Secondly, I support the Burgess Amendment, which would change the 
calculation for transportation development credits to ensure that Texas 
and other states with toll facilities are able to take full advantage 
of these credits for the benefit of our transit, highway, and highway 
safety programs. This proposal is vital to the provision of a pro rata 
calculation of the credits so that we are not penalized for using 
Federal dollars in our transportation development projects. I support 
this amendment and ask that my colleagues join me as the Gentleman 
brings this proposal to the floor.
  Furthermore, I support the proposal of Mr. Pitts that would provide a 
temporary transition period for transit entities (including three in 
Texas) that, under the most recent Census, are now subject to the over 
200,000 population prohibition on the use of transit formula dollars 
for operating expenses. The Pitts amendment would allow those small 
transit entities in this new situation to use up to 50 percent of their 
formula funds for operating expenses for FYs 2005 through 2007 and up 
to 25 percent of the formula funds for operating expenses in FYs 2008 
and 2009.
  In addition, I join my colleague from Texas, Mr. Barton in the 
initiative of his amendment to require studies and assessments of risks 
to human health or the environment to use sound and objective 
scientific practices.
  Mr. Chairman, for the foregoing reasons, I support the Manager's 
Amendment and urge my colleagues to do the same.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield back my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Alaska (Mr. Young).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 2 
printed in House Report 109-15.

                              {time}  1145


          Amendment No. 2 Offered by Mr. Tom Davis of Virginia

  Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN (Mr. Bass). The Clerk will designate the 
amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Tom Davis of Virginia:
       Page 138, at the end of line 16, insert ``and''.
       Page 138, line 18, strike ``; and'' and insert a period.
       Page 138, strike lines 19 and 20.
       Page 145, strike line 24 and all that follows through line 
     5 on page 146.
       Page 146, line 6, strike ``(c)'' and insert ``(b)''.
       Page 146, line 15, strike ``(d)'' and insert ``(c)''.
       Page 235, at the end of line 14, insert ``and''.
       Page 235, strike lines 15 through 18.
       Page 235, line 19, strike ``(7)'' and insert ``(6)''.
       Page 240, at the end of line 9, insert ``and''.
       Page 240, strike lines 10 through 13.
       Page 240, line 14, strike ``(6)'' and insert ``(5)''.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Virginia (Mr. Tom Davis) and a Member opposed each will control 5 
minutes.

[[Page 4212]]

  The Chair recognizes the gentleman from Virginia (Mr. Tom Davis).
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself such time as 
I may consume.
  Mr. Chairman, let me address my friends on the other side, because 
they are aware of our traffic problems in Northern Virginia where we 
have tried to get infusions of money to take care of the second-largest 
traffic jams in the country, and we have arrived at something called 
the HOT lanes, these high-occupancy toll lanes that we are looking at 
for a public-private cooperation that we would use along the Beltway 
and possibly I-66.
  This is a partnership. The Federal Government will fund part of it, 
but there is just not enough money in the highway bill, or at least we 
have not been able to get enough money out of the highway bill, if the 
gentleman would help on that there would be no need for this amendment, 
to build these extra lanes. We have the private sector coming in and 
building the lanes, and then the users do the tolls on the lanes, and 
that is how we lay asphalt. Because there is not enough money at the 
State, local, and Federal levels to lay enough asphalt on these lanes; 
and so we are using tolls in some of these areas.
  The current bill contains several provisions that make it difficult 
for us to collect tolls on the interstate highway without trying to 
decide how much money people make, and there is almost a means testing 
into who uses them. It is very, very difficult to determine how much 
you are going to collect to get your bonds, what percent are low income 
and what percent are high income, and so we basically knock that out of 
the current language in this legislation.
  I support the provisions that allow the high-occupancy tolls, but I 
am concerned about the requirement for States to establish procedures 
to permit low-income individuals to pay reduced tolls. These are user 
fees. These are not taxes. This requirement would impose unmanageable 
requirements on those States who would otherwise like to make use of 
these tolling provisions, and in our case it is the only way we can lay 
down new pavement.
  The Commonwealth of Virginia now seeks to use toll provisions to 
finance several important projects, including widening of the Capital 
Beltway, adding HOT lanes to I-95, and adding dedicated truck lanes on 
I-81 in the Shenandoah Valley. The Capital Beltway HOT lane proposal, 
which would greatly benefit my constituents, as an example, is a 
public-private partnership. In addition, the I-81 partnership is 
another example. These partnerships are increasingly important as 
Virginia and, I think, other States in the Union grapple with massive 
infrastructure needs that are not met, even though this bill will help 
toward our final results.
  In this instance, the ability of tolls on a HOT lane to pay for 
construction has been determined by cost-benefit analysis, which would 
be skewed by some users not paying the full toll. As we look for these 
public-private partnerships to take over construction of some road 
projects, it is important not to set a precedent for eliminating or 
reducing tolls which could affect bond financing.
  In addition, the cost of a bureaucracy to administer a reduced-toll 
program would add tremendously to the cost of operating a toll facility 
and I believe would provide a strong disincentive for private 
investment. The existence of automated tolling technologies does not 
address the issue. The most fundamental question is how the Department 
of Transportation would determine the income. It seems to me this would 
be extraordinarily problematic and would make tolling an impractical 
option.
  Tolls are user fees, not taxes. There are currently no tolling 
facilities in the country that provide an income-based discount. 
Furthermore, no other highway-user expenses are regulated by the 
Federal Government to require discounts based on income: not the gas 
tax, not the price of automobiles, and not the price of auto insurance. 
Why do we single out tolls?
  Finally, I want to make clear that while I do not think that income-
based tolling is a viable solution, my amendment would not stop anybody 
from doing it. The Governor of Virginia does not think it is practical, 
but the Governor of another State might have another view, and that 
flexibility would remain in this legislation if my amendment passes.
  Frankly, I would be interested in seeing how a State might implement 
income-based tolling. But this provision would amount to a considerable 
mandate upon the States, a mandate I do not believe we should add to 
their already full plate with growing transportation infrastructure 
needs. This just takes some of the flexibilities we are trying to 
employ outside the box now off the table.
  So, Mr. Chairman, I would hope the House would adopt this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, how much time remains for the gentleman 
from Virginia?
  The Acting CHAIRMAN. The gentleman from Virginia (Mr. Tom Davis) has 
1 minute remaining.
  Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition to the 
gentleman's amendment, and I yield myself 4 minutes.
  We have waited patiently for the gentleman to arrive, and recognize 
that he has, like all of us, many demands on his time. I am glad the 
gentleman is here to offer his amendment, and we understand the 
problems in this committee of Northern Virginia, which the gentleman so 
ably represents.
  In the fashioning of TEA-21, along with the gentleman's Senator, 
Senator Warner, and former Chairman Shuster, we supported the Wilson 
Bridge, which all of America contributed out of the Highway Trust Fund 
over $900 million. This is the only bridge of its kind in the country 
to get that kind of special consideration. We recognize, and I have 
watched the growth of toll facilities in the Dulles access corridor. I 
understand those problems that this growth-bedeviled area has had to 
cope with.
  However, there is a very serious problem here of low-income people 
living in an area distant from the job. My daughter worked at Jubilee 
Jobs in the Adams-Morgan area in D.C. placing people who came out of 
homeless shelters, people who had just been released from prison, 
people who, through, in many cases, no fault of their own, had just 
fallen through the welfare safety net. There were a number of jobs 
available for those people out at Dulles Airport, but they could not 
afford to drive. There is no public transportation for them to take to 
get out to Dulles Airport to match the person with the job. Their jobs 
went unanswered and people went jobless because of the cost of 
transportation.
  In Chicago, Chicago experienced white flight to the suburbs. The 
suburbs needed people to perform work in stores, in homes, in 
facilities, hospitals, and nursing homes; but the workers were in the 
city. Chicago initiated a welfare-to-work program to provide 
compensation for those who would still live in their neighborhoods in 
the city, but provide the jobs in the suburbs. For every thousand jobs 
in the suburbs a $10 million economic benefit resulted.
  Now, Chicago could set up a very simple process of matching the 
welfare workers, the welfare-level workers to the jobs and provide 
assistance to them. So can Virginia. So can other States. There is no 
need to say, oh, there is going to be a huge bureaucracy created. It is 
a very simple process. A person comes in and shows their immediate 
basis and applies for the assistance, applies for whatever designation 
is required, the FAST pass or the designation to get through the toll 
facility. It does not cost anything additional. And if there is a 
derogation of dollars to the toll facility, then the State in the 
public interest can make that up.
  All we are saying in the legislation pending is that low-income 
people pay a higher percentage of their household income for 
transportation than other income groups, and tolling facilities should 
not drive people out of the job marketplace.

[[Page 4213]]

  Mr. Chairman, I reserve the balance of my time.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 30 seconds to the 
gentleman from Virginia (Mr. Moran), my colleague and friend from 
Northern Virginia.
  Mr. MORAN of Virginia. Mr. Chairman, I support this amendment. 
Governor Warner of Virginia has contacted us in support of Mr. Davis's 
amendment because he does not see how exempting low-income people from 
having to pay is enforceable.
  I fully agree with the gentleman from Minnesota (Mr. Oberstar), my 
very good friend, that we do not want to put people in situations that 
they cannot afford, particularly the working class that we are trying 
to provide adequate transportation for, so that they can get to work in 
a timely manner.
  In so many of our States, however, I certainly know in Northern 
Virginia, we do not have a way to move anybody unless we can figure out 
some more innovative way, and these HOT lanes do seem to give us the 
means to provide more transportation access. And I do not see how it is 
enforceable to do what the gentleman from Minnesota wants to do.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself the balance 
of my time.
  Let me say to my friend, if you really want to help poor people, 
build additional lanes of traffic and get some of the traffic off the 
road so they can get onto the conventional lanes. That is what this 
does.
  This is the only way we have found to lay new pavement in Northern 
Virginia, unless we can come up with billions more dollars that we 
cannot get into this bill. Poor people would still be able to use 
existing roads to get there. This will divert traffic that is currently 
on those roads into other lanes as well.
  I agree with the gentleman in terms of the impact that this has on 
low-income families, but I think the current language is not the way to 
do it; and I kindly ask for favorable consideration of my amendment.

                              {time}  1200

  Mr. OBERSTAR. Mr. Chairman, the language in the bill just directs 
States to establish a program and procedures. All you have to do is 
issue a pass to the individuals based on their qualification as a low-
income person and use the pass to get through the tolling facility. 
That is all we are saying.
  Otherwise, those toll facilities produce Lexus lanes, produce 
Mercedes and Hummer lanes, who will whiz through while the poor folk 
cannot afford to get through. I know from personal experience. I have 
traveled around this country to areas where we have those problems, 
either some communities have responded by investing in transit systems 
so that low-income people, as in Sacramento, 3,200 low-income persons 
were able to use their transit system to get to jobs.
  You are not doing that in Northern Virginia for various reasons. I 
concur with what the gentleman says, another $90 billion invested in 
transportation, as this committee introduced the bill in its original 
form, would take care of this problem. But we must insist on the 
committee position and defeat the gentleman's amendment.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise to strongly oppose the 
Davis of Virginia amendment to TEA-LU, which would remove the 
requirement that toll rates on high occupancy toll lanes be 
differentiated for low income drivers. I find it unfortunate that 
Members of this body would offer amendments to this legislation that 
effectively say that lower income individuals are on the same financial 
footing as those who are in upper income brackets.
  The fact is that we as Americans have decided that those who make 
less, share less of the burden to bring revenue into our local, State, 
and Federal government. Indeed, we all know that we are taxed based on 
our income and value of our possessions. In the same vein, tolls that 
will go towards paying for public transportation projects, should have 
some variability based on the income of drivers. This principle is 
applied throughout our economic practices and it is a fair principle 
because we recognize that unduly burdening lower income individuals 
will only weaken our national economy.
  The fact is that lower income Americans depend on their automobiles 
the same way higher income Americans do. Lower income Americans often 
need their cars to reach jobs they can't otherwise reach through public 
transportation. They use their cars to transport their families and 
take part in commerce that would otherwise be unavailable to them 
without their own private transportation. However, if we insist on 
making lower income drivers pay the same tolls as higher income drivers 
then we make the cost of transportation more prohibitive for lower 
income Americans. These drivers already have to deal with the soaring 
costs of fuel and the high premiums they pay to maintain car insurance. 
If we also burden them with high tolls then we will keep them from 
achieving their potential and we can only hurt our overall society that 
benefits from lower unemployment and increased commerce.
  I urge the Members of this body to reject this amendment because it 
only seeks to create a larger burden upon lower income Americans. We 
must all be given a chance to achieve the American Dream and this dream 
is made harder for too many lower class Americans when we unfairly 
raise the level of their tolls.
  The Acting CHAIRMAN (Mr. Bass). The question is on the amendment 
offered by the gentleman from Virginia (Mr. Tom Davis).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. OBERSTAR. Mr. Chairman, I demand a recorded vote, and pending 
that, I make the point of order that a quorum is not present.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
(Mr. Tom Davis) will be postponed.
  The point of no quorum is considered withdrawn.
  The Acting CHAIRMAN. It is now in order to consider Amendment No. 3 
printed in Part B of House Report 109-15.


                 Amendment No. 3 offered by Mr. Burgess

  Mr. BURGESS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Burgess:
       At the end of subtitle H of title I of the bill, add the 
     following (and conform the table of contents of the bill 
     accordingly):

     SECTION 1838. TRANSPORTATION DEVELOPMENT CREDITS.

       Section 120(j)(1) of title 23, United States Code, is 
     amended--
       (1) by striking ``A State'' and inserting the following:
       ``(A) In general.--A State''; and
       (2) by striking the last sentence and inserting the 
     following:
       ``(B) Special rule for use of federal funds.--If the 
     public, quasi-public, or private agency has built, improved, 
     or maintained the facility using Federal funds, the credit 
     under this paragraph shall be reduced by a percentage equal 
     to the percentage of the total cost of building, improving, 
     or maintaining the facility that was derived from Federal 
     funds.
       ``(C) Federal funds defined.-- In this paragraph, the term 
     `Federal funds' does not include loans of Federal funds or 
     other financial assistance that must be repaid to the 
     Government.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Texas (Mr. Burgess) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas (Mr. Burgess.)
  Mr. BURGESS. Mr. Chairman, I yield myself such time as I may consume.
  The amendment that I offer today addresses an important issue of 
fairness, flexibility and opportunity according to how we finance our 
Nation's transportation systems.
  I believe that States should be credited for their non-Federal 
investment in revenue-generating transportation facilities to address 
their regional transportation needs. As of 2003, 20 States have applied 
to the Federal Highway Administration for Federal credits based on 
their toll revenue as authorized under Section 120(J) of Title 23 of 
the United States Code.
  This program allows States to accumulate these Federal credits in 
recognition of their non-Federal investment in local transportation 
facilities. In the past 10 years, some $14 billion in Section 120(j) 
credits have been accumulated by these States. The accumulation of 
these Federal credits reflects

[[Page 4214]]

the level of commitment that States and localities nationwide are 
making to find non-Federal solutions to their growing transportation 
needs.
  The creation of this program in the 1991 ISTEA legislation recognizes 
the importance of these efforts. The use of non-Federal revenues for 
needed transportation facilities is not a new concept. States and 
localities for decades have turned to revenue-generating forms of 
project financing to address their tremendous transportation financing 
needs.
  Especially today, given the tight fiscal situation that many States 
and localities face, the use of transportation facilities that pay for 
themselves without additional Federal funding is essential. This 
amendment changes the calculation of the section 120(j) credits to 
reflect the proportionate State and local investments in revenue-
generating transportation facilities.
  Why is this important, and why do we need to make this change in the 
bill today? In my home State of Texas, we have entered into a new era 
of transportation project development, delivery and financing. With the 
introduction of new State and local transportation financing tools, 
Texas will be able to accelerate projects that have been needed for 
years, leveraging transportation funds that are currently available to 
finance additional projects today rather than tomorrow and decades in 
the future.
  These new tools allow my home State to include new financing 
partners, like the private sector and new regional mobility authorities 
in solving Texas' transportation challenges.
  In order to take full advantage of these new tools, we must make the 
most effective use of our available transportation dollars, both local, 
State and Federal. To that end, we expect to use some Federal funds in 
nearly every major transportation mobility project that we build. 
However, the current system is untenable. For instance, a State may use 
99 percent of non-Federal funds on a needed transportation project, but 
under the current credit calculation that State cannot receive any 
credit for that investment because of the use of 1 percent Federal 
funds in the project.
  This is an unfair penalty. It must be changed to properly recognize 
the local and State share of investments in meeting our transportation 
needs.
  Currently, 20 States are using 120(j) credits to finance needed 
transportation projects. Ohio uses toll credits to match GARVEE bonds 
on projects and shares with local government for both highway and 
transit projects.
  New Jersey has used approximately $860 million of $1.9 billion in 
approved toll credits for approved highway projects.
  Florida is using many credits on Federal aid projects so that most of 
its Federal highway programs are 100 percent Federally funded. Projects 
include the new Everglades Parkway, the Pinellas County Bayway, Beeline 
East Expressway and the Sunshine Skyway.
  Kentucky will use toll credit as a match on the Federal highway 
projects releasing about 100 million per year.
  Mr. BURGESS. Mr. Chairman. I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition. How much 
time remains for the gentleman from Texas?
  The Acting CHAIRMAN. The gentleman from Texas has 1 minute.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 4 minutes.
  This amendment really crosses the line on tolling. I have always 
believed tolls are a bad idea, but if a State wants to do that and 
citizens want to subject themselves to toll facilities, that is their 
business.
  But on the interstate highway system, we have a very effective 
financing mechanism through the Highway Trust Fund and through the 
national highway system. Again, the Highway Trust Fund supports 
construction of needed transportation facilities.
  But to mix Federal funds with tolls is anathema to the idea of a 
publicly supported transportation system through our Highway Trust Fund 
and the user fee.
  I could understand if the gentleman from Texas (Mr. Burgess) were 
advocating and others were advocating tolls and toll-only facilities. 
But to cross the line and mix Highway Trust Fund dollars with toll 
funds to encourage building of toll facilities to indirect competition 
with toll-free highways, just does not make any sense at all.
  In fact, there is an example in the State of California where a toll 
operator persuaded the State legislature to enact authority to build a 
toll facility but then prohibited the public sector from building 
additional capacity in the same corridor in the adjoining public 
roadway.
  The toll was built; it did not work. It was on the verge of 
bankruptcy. At the same time, the State was ready to build additional 
lanes on the public facility. The toll operator took the State to court 
and prevailed against building the publicly-free facility, so the State 
wound up buying the toll facility and building additional lanes.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BURGESS. Mr. Chairman, I yield 45 seconds to the gentleman from 
Texas (Mr. Marchant) and state that this amendment does nothing of the 
sort as to what happened in California.
  Mr. MARCHANT. Mr. Chairman, I thank the gentleman from Texas (Mr. 
Burgess) for introducing this amendment and for the gentleman's hard 
work over the last 2 years on transportation issues in Texas.
  Under current law, even if $1 of Federal money is spent towards a 
State toll project, no transportation development credits will be 
accrued by the State. In other words, not only does the Federal 
Government punish States for investing in toll facilities, it also 
prevents them from using transportation development credits which would 
have been accumulated for the use and purchase of transit capital such 
as buses and transit cars.
  The United States has a 50-year-old highway system put under enormous 
strain by our population. Combine that with the fact that there is 
simply not enough money to go around for highways and transit programs, 
and there is a large gap between our country's transportation needs and 
that which can be provided under current funding. I urge my colleagues 
to support this amendment.
  Mr. BURGESS. Mr. Chairman, I urge my colleagues to vote for this 
amendment, and I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  To push the idea of toll facilities in the direction of merging 
Federal highway trust fund dollars with toll dollars is just anathema 
to the whole concept of a publicly supported transportation network. We 
should not allow this type of initiative in tolling.
  If Members want to have tolls, do it the old-fashioned way and use 
the toll dollars and create Lexus lanes and create Mercedes lanes, but 
do not use the public dollars to merge with the toll facility dollars 
and create a severe disparity and discrimination against publicly built 
toll facilities.
  Remember the California example; that is what will happen here. We 
will have others of that nature. I urge a ``no'' vote on this 
amendment.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, the amendment 
before us is about increasing financial flexibility.
  Toll credits allow the expenditure of non-federal funds on one 
project to serve as the match on another project.
  The benefit of having toll credits is to enable various 
transportation projects to exchange a toll credit for non-federal share 
of a project's cost.
  This measure does not render a good house keeping seal of approval on 
tolls, but it does recognize that States like Texas, that are 
experiencing significant increases in population and diminishing 
roadway capacity, are able to better leverage their transportation 
dollars.
  I have heard from my State, and others that utilize tolling, 
repeatedly, on how this toll credit development will better equip them 
in addressing challenges now and in the long run.
  Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Burgess).

[[Page 4215]]

  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mr. BURGESS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas (Mr. 
Burgess) will be postponed.
  It is now in order to consider amendment No. 4 printed in House 
Report 109-15.


                 Amendment No. 4 Offered by Mr. Burgess

  Mr. BURGESS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Burgess:
       Strike section 1501 of the bill, and insert the following 
     (and conform the table of contents of the bill accordingly):

     SECTION 1501. DESIGN-BUILD CONTRACTING.

       (a) In General.--Section 112(b)(3) of title 23, United 
     States Code, is amended to read as follows:
       ``(3) Design-build contracting.--
       ``(A) In general..--A State transportation department or 
     local transportation agency may use design-build contracts 
     for development of projects under this chapter and may award 
     such contracts using any procurement process permitted by 
     applicable State and local law.
       ``(B)  limitation on work to be performed under design-
     build contracts.--Construction of permanent improvements 
     shall not commence under a design-build contract awarded 
     under this paragraph before compliance with section 102 of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332).
       ``(C) Scope of work.--The scope of the contractor's work 
     under a design-build contract awarded under this paragraph 
     may include assistance in the environmental review process 
     for the project, including preparation of environmental 
     impact assessments and analyses, if such work is performed 
     under the direction of, and subject to oversight by, the 
     State transportation department or local transportation 
     agency and the State transportation department or local 
     transportation agency conducts a review that assesses the 
     objectivity of the environmental assessment, environmental 
     analysis, or environmental impact statement prior to its 
     submission to the Secretary.
       ``(D) Project approval.--A design-build contract may be 
     awarded under this paragraph prior to compliance with section 
     102 of the National Environmental Policy Act of 1969, only--
       ``(i) upon request by the State transportation department 
     or local transportation agency;
       ``(ii) with the concurrence of the Secretary in issuance of 
     the procurement documents and any amendments thereto and in 
     award of the contract and any amendments thereto; and
       ``(iii) if project approval will be provided after 
     compliance with section 102 of the National Environmental 
     Policy Act of 1969.
       ``(E) Effect of concurrence.--Concurrence by the Secretary 
     under subparagraph (D) shall be considered a preliminary 
     action that does not affect the environment.
       ``(F) Design-build contract defined.--In this section, the 
     term ``design-build contract'' means an agreement that 
     provides for design and construction of a project by a 
     contractor, regardless of whether the agreement is in the 
     form of a design-build contract, a franchise agreement, or 
     any other form of contract approved by the Secretary.''.
       (b) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     that amend the regulations issued under section 1307(c) of 
     the Transportation Equity Act for the 21st Century (23 U.S.C. 
     112 note). The regulations--
       (1) shall allow a State transportation department or local 
     transportation agency to use any procurement process 
     permitted by applicable State and local law in awarding 
     design-build contracts, including allowing unsolicited 
     proposals, negotiated procurements, and multiple requests for 
     final proposals; except that the Secretary may require 
     reasonable justification to be provided for any sole source 
     procurement; and
       (2) may include ``best practices'' guidelines;
       (3) shall not preclude State transportation departments and 
     local transportation agencies from allowing proposers to 
     include alternative technical concepts in their ``base'' 
     proposals;
       (4) shall not preclude State transportation departments and 
     local transportation agencies from issuing a request for 
     proposals document, proceeding with award of a design-build 
     contract, or issuing a notice to proceed with preliminary 
     design work under such a contract prior to compliance with 
     section 102 of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332) if the design-build contractor is not 
     authorized to proceed with construction of permanent 
     improvements prior to such compliance; and
       (5) shall provide guidelines regarding procedures to be 
     followed by the State transportation department or local 
     transportation agency in their direction of and oversight 
     over any environmental impact assessments or analyses for the 
     project which are to be prepared by the contractor or its 
     affiliates.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Texas (Mr. Burgess) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas (Mr. Burgess).
  Mr. BURGESS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I intend to ask unanimous consent to withdraw this 
amendment, but before I do, I would like to engage the gentleman from 
Alaska (Chairman Young) in a brief colloquy on this issue.
  Mr. Chairman, in 1998 Congress passed TEA-21. And as enacted, TEA-21 
contained congressional intent and guidance language to the United 
States Department of Transportation to implement design-build 
contracting rules. But, Mr. Chairman, the final rules did not mirror 
Congress' intent in the slightest.
  H.R. 3, as introduced and passed by the committee, included section 
1501 on design-build, and I thank the chairman, the ranking member, and 
the committee staff for recognizing the level of importance that 
design-build holds in the reauthorization debate. However, the language 
currently in the bill does not repair conflicts in the law.
  My concern is that the Federal Government has been slow to respond to 
initiatives at the State level that advance those goals. Current 
Federal rules dampen the efficiency of design-build with a complicated 
procurement process, taking the wind out of the sails of innovation.
  Federal processes still favor a consecutive approach to project 
development, requiring separate environmental review, design and 
construction contracts. This causes unnecessary delay, added cost and 
reduced efficiencies in delivering critical transportation projects.
  I want to work with the committee in conference to repair the design-
build law so States can benefit from its intended efficiency.
  Mr. Chairman, the gentleman from Alaska has visited my State, and I 
am grateful for that. The gentleman has heard from our constituents and 
our commissioners and our governor. This is necessary to take our work 
to the next level. Sure we talk about changing funding formulas, but 
that alone is not enough to satisfy everyone, and we all know that. All 
I am asking for is a chance to show that we can be innovative in using 
the limited funds that we receive.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. BURGESS. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, I agree with the goals of the 
gentleman from Texas, and I look forward to working with the 
gentleman's entire delegation to meet these goals in conference.
  Mr. BURGESS. Mr. Chairman, I ask unanimous consent to withdraw the 
amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.

                              {time}  1215

  The Acting CHAIRMAN (Mr. Aderholt). It is now in order to consider 
amendment No. 5 printed in House Report 109-15.


                  Amendment No. 5 Offered by Mr. Issa

  Mr. ISSA. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Issa:
       At the end of section 1208 of the bill, insert the 
     following:
       (d) Sense of Congress.--It is the sense of Congress that 
     the Secretary and the States should provide additional 
     incentives (including the use of high occupancy vehicle lanes 
     on State and Interstate highways) for the purchase and use of 
     hybrid and other fuel efficient vehicles, which have been 
     proven to

[[Page 4216]]

     minimize air emissions and decrease consumption of fossil 
     fuels.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from California (Mr. Issa) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California (Mr. Issa).
  Mr. ISSA. Mr. Chairman, I yield myself such time as I may consume. I 
am hopeful and believe that there will be no opposition to this well-
crafted, narrowly crafted amendment to this legislation.
  I want to thank Chairman Young and the members of the committee who 
helped make this a very good amendment. This amendment, Mr. Chairman, 
seeks to empower our States when they have excess capacity in their HOV 
lanes to use that capacity to encourage and promote the superlow-
emissions hybrid vehicles that are just emerging on our highways today. 
California and other States have passed laws in anticipation of our 
doing our job to allow this. I believe that it will promote superlow 
emissions, higher-efficiency vehicles for a period of only 4 years to 
give this an opportunity.
  I would urge all of our colleagues to bear in mind that when we 
authorized HOV lanes, we did so for two purposes: one was to reduce 
congestion; the other was to save fuel. Hybrid vehicles do an excellent 
job of saving fuel. I urge my colleagues to vote for this amendment.
  Mr. CARNAHAN. Mr. Chairman, I rise today in support of the Issa 
amendment.
  Quite simply, the increased use of fuel efficient vehicles is a boon 
to our country.
  Hybrid vehicles benefit our environment. Our cities and towns are 
being choked by smog. The increased use of hybrid vehicles would reduce 
this problem.
  Hybrid vehicles also benefit our economy. The Ford Escape Hybrid is 
assembled in my home State of Missouri. Sales for the Escape hybrid 
have been so strong that this plant cannot keep up with demand. This 
plant provides thousands of good paying jobs here in the United States.
  I assure you that is you ask the workers in that plant if they 
support increased incentives for the purchase of hybrid vehicles, their 
answer would be a resounding ``yes.''
  Finally, vehicles that reduce our use of gasoline mean greater energy 
security for our country, and less U.S. dollars going to countries with 
hostile regimes.
  The increased use of hybrid vehicles is truly a win-win-win situation 
and I urge my colleagues to support this amendment.
  Mr. ISSA. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Issa).
  The amendment was agreed to.


  Vacating Prior Proceedings on Amendment No. 3 Offered by Mr. Burgess

  Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent that the 
proceedings by which the request for a recorded vote on the amendment 
offered by the gentleman from Texas (Mr. Burgess) was considered be 
vacated and the vote be put anew.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Burgess).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 6 
printed in House Report 109-15.


                Amendment No. 6 Offered by Mr. Pascrell

  Mr. PASCRELL. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Pascrell:
       After section 1108 of the bill, insert the following (and 
     redesignate subsequent sections, and conform the table of 
     contents, of the bill accordingly):

     SEC. 1109. PAY TO PLAY REFORM.

       Section 112 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(h) Construction.--Nothing in this section may be 
     construed to prohibit a State from enacting a law or issuing 
     an order that limits the amount of money an individual, who 
     is doing business with a State agency for a Federal-aid 
     highway project, may contribute to a political campaign.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from New Jersey (Mr. Pascrell) and the gentleman from Wisconsin (Mr. 
Petri) each will control 5 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Pascrell).
  Mr. PASCRELL. Mr. Chairman, I yield myself such time as I may 
consume.
  The so-called ``pay-to-play'' restrictions, Mr. Chairman, enacted in 
many States like Connecticut, New Jersey, Pennsylvania, Illinois, South 
Carolina, Kentucky and West Virginia, for instance, there is a threat 
which is real; and whether it is real or whether it is apparent, we 
need to stamp out corruption. We have come to an agreement in the State 
of New Jersey. We have come to bipartisan support of an attempt by both 
sides of the aisle to end corruption as not only we know it because 
neither party is privy to virtue, neither State is privy to corruption.
  What we are trying to do here is look at what is the result of large 
political contributions from contractors who try to influence the 
awarding of public contracts. Mr. Chairman, there is Federal precedent 
for this, and I would venture to say that we all in this Chamber should 
be reading what that precedent is. This does not open up a Pandora's 
box. This is simply providing States the ability to clean up their own 
act, to reform their own government, and to give those people an 
opportunity to bid in a more apparent, transparent process.
  Mr. Chairman, the Federal Highway Administration argued that the New 
Jersey order violated section 112 of title XXIII, a provision dealing 
with bid-letting. This amendment intends to support what New Jersey has 
attempted to do to open up the bid process, not to close it down, not 
to shrink it, but rather to expand it so that there is more 
transparency.
  Why should the Federal Government stop those States who want to end 
the process of corruption in their contract-letting? Why should this 
Federal Government, which has our own rules, the SEC was a perfect 
example of this just a few years ago, that if you are going to 
contribute, then you need to stay out of the process of bidding. This 
passed in the New Jersey Assembly 78-0. It passed in the New Jersey 
Senate 34-0. It is bipartisan.
  Mr. Chairman, I yield to the gentleman from New Jersey.
  Mr. LoBIONDO. Mr. Chairman, I would like to thank the gentleman from 
New Jersey (Mr. Pascrell) who has worked very hard on this issue and I 
have joined with him. I appreciate the work that he has done.
  Let me say in starting that the vast majority of contractors in my 
State, in the State of New Jersey, are hardworking, ethical people who 
do good work and do the right thing. The real problem we have in New 
Jersey is that some public officials more interested in helping 
themselves than working to improve transportation infrastructure in the 
State have influenced the situation.
  The good news is that Trenton is finally trying to do something about 
it. The legislature has enacted reforms, as the gentleman from New 
Jersey (Mr. Pascrell) has discussed on this particular issue. I wish 
the State had provided the Federal Highway Authority with the cost 
savings they say exist, as I understand that that may have solved the 
problem and we maybe would not have had to do this today. 
Unfortunately, that is in the past; and we have to deal with the 
situation as it is.
  I am strongly supporting this amendment and will join with the 
gentleman from New Jersey (Mr. Pascrell) in voting for this amendment, 
because New Jersey desperately needs every penny of Federal highway and 
transit dollars and should not be penalized for trying to do the right 
thing. That is what it is all about: New Jersey is trying to do the 
right thing.
  Mr. PASCRELL. Mr. Chairman, reclaiming my time, the Pascrell-
Menendez-LoBiondo amendment only impacts States that choose to pass a 
pay-to-play reform law. This is a win-win for both sides. I cannot 
emphasize that enough. How many times have we come

[[Page 4217]]

to this Chamber when we try to get it over on the other side? That is 
natural in politics.
  This is a win-win for both sides, not only in New Jersey but 
throughout the country. I ask for the support of this body. I think 
this is good legislation, I think the amendment makes sense, and it is 
backed up by Federal law.
  Mr. Chairman, I yield the balance of my time to the gentleman from 
New Jersey (Mr. Menendez).
  Mr. MENENDEZ. Mr. Chairman, three quick points. This does not require 
any State to do anything. It simply allows a State to perform a reform 
in the context of contracting. We recognize this already under Federal 
law in section 441 of the Federal highway bill. The SEC has done the 
same type of thing in its context. No State should be prohibited from 
enacting reforms as it relates to improving the integrity of public 
contracting in their State. It will not apply to any Federal 
officeholder, but it will allow States ultimately to pursue reforms in 
the context of contracting and the integrity of its process.
  We should support the amendment.
  Mr. PETRI. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I think what we are seeing here is certainly a very 
well-meaning amendment designed to correct a problem in the State of 
New Jersey; but if it is adopted, what we will find is the law of 
unintended consequences coming into play.
  We have a Federal framework. The goal of that framework is to have 
competitive bidding and to end up getting the lowest qualified bid to 
save the taxpayer money and get the work done. Many of these projects 
cross State lines. Contractors work all over the United States. If we 
start allowing each State to come up with different bidding procedures 
and qualifications that contractors have to meet in order to 
participate in the bidding, it is inevitably going to add to paperwork 
and end up resulting in higher-cost construction across our country and 
less for the hard-earned tax dollars that are spent on transportation 
here in the United States.
  We are not arguing there may not be a problem in New Jersey. We are 
not arguing that it should be cleaned up. We are eager to work with the 
Members from New Jersey to try to have hearings or to promote 
investigations, do what we can to help clean up the situation in New 
Jersey, but not at the expense of weakening the system of competitive 
bidding nationwide that is designed to promote as efficient a 
procurement process as possible.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Pascrell).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 7 
printed in House Report 109-15.


           Amendment No. 7 Offered by Mr. Rogers of Michigan

  Mr. ROGERS of Michigan. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 7 offered by Mr. Rogers of Michigan:
       At the end of title II of the bill insert the following 
     (and conform the table of contents accordingly):

     SECTION 2013. SAFE INTERSECTIONS.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 39. Traffic signal preemption transmitters

       ``(a) Offenses.--
       ``(1) Sale.--A person who knowingly sells a traffic signal 
     preemption transmitter in or affecting interstate or foreign 
     commerce to a person who is not acting on behalf of a public 
     agency or private corporation authorized by law to provide 
     fire protection, law enforcement, emergency medical services, 
     transit services, maintenance, or other services for a 
     Federal, State, or local government entity, shall, 
     notwithstanding section 3571(b) of title 18, United States 
     Code, be fined according to this title, imprisoned not more 
     than 1 year, or both.
       ``(2) Use.--A person who makes unauthorized use of a 
     traffic signal preemption transmitter in or affecting 
     interstate or foreign commerce shall be fined according to 
     this title, imprisoned not more than 6 months, or both.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Traffic signal preemption transmitter.--The term 
     `traffic signal preemption transmitter' means any mechanism 
     that can change or alter a traffic signal's phase time or 
     sequence.
       ``(2) Unauthorized use.--The term `unauthorized use' means 
     use of a traffic signal preemption transmitter by a person 
     who is not acting on behalf of a public agency or private 
     corporation authorized by law to provide fire protection, law 
     enforcement, emergency medical services, transit services, 
     maintenance, or other services for a Federal, State, or local 
     government entity. The term `unauthorized use' does not apply 
     to use of a traffic signal preemption transmitter for 
     classroom or instructional purposes.''.
       (b) Table of Sections.--The table of sections for chapter 2 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``39. Traffic signal preemption transmitters.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Michigan (Mr. Mike Rogers) and a Member opposed each will control 
5 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Rogers).
  Mr. ROGERS of Michigan. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, I want to thank the committee today for taking up this 
very important piece of legislation. It may be innocuous in the grand 
scheme of this important bill that we are about to pass, setting the 
transportation needs for the rest of America, but we have a growing 
problem that this amendment will address, traffic preemption devices. 
They are devices that will change the signal as you are driving in your 
car remotely from your vehicle. Currently used by law enforcement and 
emergency vehicle services to conduct their business and get to the 
place they need to in the most safe manner possible, it is now being 
offered on the Internet and other places and getting in the hands of 
those who would seek to do harm.
  One can imagine in the hands of a bank robber trying to escape, 
changing the light scheme on his way out of town. One can imagine the 
frustrated congestion that someone might engage in Washington, D.C. or 
any other large city, the convenience of just pushing the button and 
changing the light. One can imagine a terrorist act and what harm and 
devastation they could cause to emergency vehicle response to their 
ability to get in and to get out of a place quickly.

                              {time}  1230

  The dangers of this are real, the dangers are growing. This amendment 
would simply apply some common sense and make it illegal for those who 
are selling this on the Internet, for those who are in possession of 
this, who should not be. I think it is crucial.
  Mr. PETRI. Mr. Chairman, will the gentleman yield?
  Mr. ROGERS of Michigan. I yield to the gentleman from Wisconsin.
  Mr. PETRI. Mr. Chairman, I just want to compliment the gentleman for 
being an alert legislator. Technology creates new possibilities for 
mischief as well as for good. The gentleman has spotted a problem, and 
we thank the gentleman for calling it to our attention. We support the 
amendment, and I believe it will be adopted without opposition.
  Mr. ROGERS of Michigan. Mr. Chairman, reclaiming my time, I thank the 
chairman for working with us on this.
  I do want to thank the Committee on Transportation and Infrastructure 
and the Committee on the Judiciary for working with us, the Committee 
on Rules, and Senator DeWine for working with me on this amendment and 
offering the same in the Senate.
  I also want to thank my staff member, Heather Keiser, who has been 
passionate about traffic safety and working on intelligent technology 
systems. She has been passionately involved in these types of 
activities, who actually raised the flag and said this is a problem and 
it needs to be fixed for the safety and security of our local Americans 
and our local emergency service personnel. I thank her as well. She is 
getting ready to leave this week, so

[[Page 4218]]

this is a great way for her to go out on such a high note, I think, 
making an important difference.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Aderholt). The question is on the amendment 
offered by the gentleman from Michigan (Mr. Rogers).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider Amendment No. 8 
printed in House Report 109-15.


                  Amendment No. 8 Offered by Mr. Pitts

  Mr. PITTS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Mr. Pitts:
       In the matter proposed to be inserted as paragraph (1) of 
     section 5307(b) of title 49, United States Code, by section 
     3008(c)(1) of the bill--
       (1) strike ``and'' at the end of subparagraph (C); and
       (2) strike the period at the end of subparagraph (D) and 
     insert ``; and'' and the following:
       ``(E)(i) in the case of fiscal years 2005 through 2007, 50 
     percent of the operating cost of equipment and facilities for 
     use in mass transportation in an urbanized area with a 
     population of more than 200,000 if the transit system with 
     respect to which the grant is being made operates in an 
     urbanized area that exceeded 200,000 in population according 
     to the 2000 Census; or
       ``(ii) in the case of fiscal years 2008 and 2009, 25 
     percent of the operating cost referred to in clause (i).

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Pennsylvania (Mr. Pitts) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Pitts).
  Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, under current law, when an urbanized area exceeds 
200,000 in population, the transit system serving the area not only 
receives less Federal transit funding, but also loses their flexibility 
to use Federal transit funds to meet unique local transit needs.
  The 2000 Census was the first census carried out under this law, and 
we are now seeing the consequences of this law, which uses an arbitrary 
and outdated threshold that was really first established and used in 
the 1950s.
  Today it is hurting our Nation's most thriving communities. Fifty-two 
small transit systems across the Nation and the communities they serve 
face a financial crisis that they are not equipped to handle. That 
means more than 11 million people across the country will have their 
public transit service affected.
  These systems will have to cut routes and raise fares in the hope of 
making ends meet. But for most, even that will not be enough. This will 
hurt passengers who rely on transit, workers who need to get to their 
jobs, elderly who need to get to the grocery store or pharmacy and, in 
my district, particularly the Amish, who rely on transit because it is 
against their religion to owns cars.
  We need to give these transit systems time to find alternative 
funding solutions at the State and local levels. My amendment allows 
these small transit systems, only 52 of them, to have flexibility in 
using 50 percent of their Federal transit funds through the year 2007 
and then reduces that 25 percent for 2008 and 2009.
  This is the least we can do for these systems that are servicing some 
of the healthiest growing communities across the country.
  Two systems in my districts, Red Rose Transit and BARTA in Reading 
are facing a financial crisis because of this law. We should not punish 
healthy systems in growing communities.
  Mr. Chairman, I appreciate the chairman's support for holding these 
systems harmless over the past couple of years. However, due to the 
uncertainty surrounding this year and the transportation programs 
throughout the country, these small systems have not been able to find 
local solutions. We need more time, and I urge Members to support the 
amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) is 
recognized for 5 minutes.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, the gentleman from Pennsylvania has made a very strong 
case for the issue which he presents with this amendment, and we in the 
committee have worked with the gentleman and his staff to allow transit 
systems in urbanized areas to retain flexibility in the use of Federal 
transit formula funds, and I thought we had worked out throughout the 
development of TEA-LU the extension that the gentleman was seeking to 
extend the period of flexibility for urbanized areas to use Federal 
funds for operating assistance through this year, which is half the 
time before the next census.
  More than 50 urbanized areas have been eligible to use their transit 
grants for operating expenses, but apparently the gentleman wants to go 
further than we agreed in our internal deliberations and discussions, 
and I think that it goes beyond the agreement that we reached in 
committee. For that reason, I cannot support it.
  Mr. Chairman, I reserve the balance of my time.
  Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, the extensions we have had are only 6 months at a time. 
We have had a couple of those. We would like to extend to the end of 
the authorization period.
  Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. 
Neugebauer).
  Mr. NEUGEBAUER. Mr. Chairman, I rise in support of this amendment, 
which will help small transit systems maintain flexibility in the use 
of their Federal money. I would like to thank the gentleman from 
Pennsylvania for his leadership on this issue, which is particularly 
important to my constituents in Lubbock, Texas.
  I want to repeat, this amendment does not increase funding for 
transit systems. Rather, it gives them some flexibility to manage those 
transit systems in the most efficient and effective ways.
  Under the current law, once an urbanized area exceeds 200,000 people 
in population, it loses that flexibility. What impact that is going to 
have on my constituents in Lubbock, Texas, is my transit system has had 
to try to scale back the hours of operation, particularly some on 
Saturday. Saturday is when a lot of families need to get to the doctor 
and need to go buy groceries. But quite honestly, also for people who 
live in my district who are employed, that have to get to work on 
Saturdays.
  So what we need to do is have these communities work with their 
transit systems and look for alternative ways to fund transit in the 
future. We need to give them some time and the flexibility they need to 
do that.
  Mr. Chairman, I urge Members to support this amendment.
  Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, let me just say, again, this is not asking for more 
money; it is flexibility, and it is a phased-down flexibility to soften 
the blow on the small transit system and provide them more time to find 
alternative solutions to the funding crises they face. There are some 
52 systems, many represented by Members from the other side of the 
aisle.
  I urge support for the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, certainly there is a concern among those metropolitan 
areas whose population has grown significantly since the 2000 Census, 
and they are seeking more flexibility for the use of funds on their 
Federal transit formula grant to use those dollars for operating 
assistance. But to extend the flexibility beyond the 5 years, as we 
have provided in TEA-LU, would undermine the statutory formulas.
  It might benefit some areas, the pending amendment might benefit

[[Page 4219]]

some areas, but would inflict a fairness issue upon other areas, to 
indicate that statutory formula that we use to apportion funds using 
most recent census data is no longer applicable for a certain area.
  The amendment as offered would create confusion and would create 
unfairness among users, among other transit systems across the country.
  Mr. PITTS. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Pennsylvania.
  Mr. PITTS. Mr. Chairman, as a point of clarification, it is my 
understanding that what is in TEA-LU only extends the flexibility to 
2005. What mine does is just extends it to end of the authorization.
  Mr. OBERSTAR. Mr. Chairman, reclaiming my time, that is correct. I 
said that at the very outset. I made it very clear we extended it 
through 2005. That was our understanding. That is what I thought was 
the agreement we reached and the compromise, that we would go through 
2005. Then you just have a few more years until the next census, and 
then the issue would be resolved for all of the country and not just a 
few areas.
  So I urge defeat of the amendment.
  Mr. McGOVERN. Mr. Chairman, I rise today in support of the amendment 
proposed by Mr. Pitts of Pennsylvania. The Pitts amendment protects 
smaller transit systems' flexibility in utilizing Federal transit 
funds. Unlike current law, which punishes these transit systems and 
communities, the Pitts amendment extends flexibility by providing 
additional time to seek State and local solutions to the funding 
problems they face.
  Transit systems across the country are severely restricted by the 
current regulation. In my district in Massachusetts, the Southeast 
Regional Transit Authority is being constrained by this regulation, 
making it impossible for them to meet local needs of the city of Fall 
River.
  Current law punishes smaller transit systems and the communities they 
serve simply because they are thriving. These smaller transit systems 
rely on budget flexibility and cannot make major revisions overnight. 
On October 1, 2005, these systems will lose all flexibility. The Pitts 
amendment extends their flexibility by phasing out their funding 
options over a 5-year period. That's a good idea. I urge my colleagues 
to join me in supporting this important amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Pitts).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. PETRI. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Pennsylvania 
(Mr. Pitts) will be postponed.
  The Acting CHAIRMAN. It is now in order to consider Amendment No. 9 
printed in House Report 109-15.


                  Amendment No. 9 Offered by Mr. Honda

  Mr. HONDA. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 9 offered by Mr. Honda:
       In subparagraph (I) that is proposed to be added at the end 
     of section 410(b)(1) of title 23, United States Code, by 
     section 2003(b)(6) of the bill, insert after ``(A)(i)(ii)'' 
     the following: ``, including a program of the court system 
     (such as a driving while intoxicated court) for the purpose 
     of changing the behavior of alcohol or drug dependent 
     offenders arrested for driving while impaired.''.

  The Acting CHAIRMAN. Pursuant to H. Res. 144, the gentleman from 
California (Mr. Honda) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California (Mr. Honda).
  Mr. HONDA. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, the gentleman from Michigan (Mr. Ehlers) and I offer a 
simple but important amendment that will make explicit the eligibility 
of DWI Courts for basic grant funds under section 2003 of H.R. 3, TEA-
LU. Section 2003 authorizes funds for Alcohol-Impaired Driving 
Countermeasures.
  In the year 2003, approximately 17,400 Americans were killed in 
alcohol-related accidents across this country. These deaths constitute 
40 percent of all traffic-related facilities. Make no mistake; drunk 
driving is a public health crisis, and DWI Courts, which are on the 
front lines of the national efforts to curb drunk driving, offer a 
proven method of reducing recidivism rates among DWI offenders.
  Unlike traditional court systems, DWI Courts hold offenders to the 
highest level of accountability, while providing long-term intensive 
treatment and compliance monitoring to address the root cause of the 
DWI, alcohol abuse.
  DWI Courts are so successful because they draw on a diverse range of 
professionals, governmental agencies and community organizations. Each 
DWI Court judge heads a team of prosecutors, defense attorneys, 
probation officers, law enforcement representatives and alcohol 
treatment professionals. They work in concert with each other and 
governmental community organizations to ensure that DWI offenders get 
the punishment they deserve and the treatment and services they need to 
be responsible members of our society. Evidence suggests that these DWI 
Courts are working.
  Unfortunately, too few DWI Courts are taking advantage of Federal 
transportation dollars and section 2003 of H.R. 3 does not clearly 
authorize use of grant funds for these courts. Our amendment will clear 
up any confusion in this regard and encourage additional jurisdictions 
to establish their own DWI Courts.
  Mr. Chairman, I urge my colleagues to support this amendment.
  Mr. PETRI. Mr. Chairman, will the gentleman yield?
  Mr. HONDA. I yield to the gentleman from Wisconsin.
  Mr. PETRI. Mr. Chairman, I would just like to commend the gentleman 
for this amendment and for making the law clear about these courts. 
They have been an effective program.
  We support the amendment, and thank the gentleman for his 
contribution.
  Mr. EHLERS. Mr. Chairman, I rise in support of the Honda/Ehlers 
amendment.
  The purpose of this amendment is simply to clarify and make explicit 
that DWI courts are eligible for funding under the Alcohol-Impaired 
Driving Countermeasures section of the bill.
  It has become clear that the traditional process is not working for 
repeat drunk driving offenders. Punishment that is unaccompanied by 
treatment and accountability is an ineffective deterrent for the repeat 
DWI offender. The outcome for the offender is continued dependence on 
alcohol; the outcome for communities is the continued threat of drivers 
under the influence of drugs and alcohol.
  DWI/Drug Courts are distinct court systems dedicated to changing the 
behavior of alcohol/drug dependent offenders arrested for DWI. The goal 
of DWI/Drug Courts is to protect public safety by attacking the root 
cause of DWI: alcohol and other drug abuse.
  DWI/Drug Courts utilize all criminal justice stateholders 
(prosecutors, defense attorneys, probation, law enforcement, and 
others) along with alcohol/drug treatment professionals. This group of 
professionals comprises a ``DWI/Drug Courts Team,'' which is usually 
accountable to the DWI/Drug Court judge who heads the team. The DWI/
Drug Court Team uses a team-oriented approach to systematically change 
participant behavior. This approach includes identification and 
referral of participants early in the legal process to a full continuum 
of drug/alcohol treatment and other rehabilitative services. These 
courts have been very successful in Michigan, where approximately one-
third of all DWI courts are located.
  A five-year study conducted on the Lansing, MI DUI/Drug Court 
demonstrates a 13 percent recidivism rate for graduates of the DUI/Drug 
Court program versus 35 percent for a comparison group. Unfortunately, 
funding and resources are often an obstacle to starting DWI courts.
  Adopotion of this amendment will deliver a clear and unmistakable 
message to the American people that Congress will take the necessary 
steps to stop drunk driving. It will send the clear and unmistakable 
message that we support the valuable work being done by DWI/Drug 
Courts.
  Clarifying that DWI courts are eligible for funding will encourage 
more state and local courts to pursue these comprehensive, treatment-
driven programs. I encourage my colleagues to support the Honda 
amendment.

[[Page 4220]]


  Mr. HONDA. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Honda).
  The amendment was agreed to.

                              {time}  1245

  The Acting CHAIRMAN (Mr. Aderholt). It is now in order to consider 
amendment No. 10 printed in House Report 109-15.


            Amendment No. 10 Offered by Mr. Barton of Texas

  Mr. BARTON of Texas. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 10 offered by Mr. Barton of Texas:
       Before the closing quotation marks at the end of the matter 
     proposed to be inserted as section 507 of title 23, United 
     States Code, by section 5203 of the bill, insert the 
     following:
       (h) Sound and Objective Scientific Practices.--
       (1) In general.--Assessments of risks to human health or 
     the environment and research conducted under this section 
     shall use sound and objective scientific practices. 
     Assessments of risks to human health or the environment 
     conducted under this section, where such an assessment 
     concerns the evaluation of multiple studies, shall consider 
     the best available science, and shall include a description 
     of the weight of the scientific evidence.
       (2) Federal agencies.--Federal agencies using studies 
     funded under this section to conduct an assessment of risks 
     to human health or the environment shall use sound and 
     objective scientific practices in assessing risks, shall 
     consider the best available science, and shall include a 
     description of the weight of the scientific evidence.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Texas (Mr. Barton) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Texas (Mr. Barton).
  Mr. BARTON of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  I offer this amendment to make sure that the so-called scientific 
studies performed under the provisions of the bill are, in fact, based 
on science and not on anyone's view or preconceived notions of what 
science should be.
  For too long, documents and studies performed on risk assessments on 
health and the environment have been produced that do not really 
reflect science, but rather a given policy bias mixed with elements of 
science. That document is then paraded forward, as if it were a true 
risk assessment.
  I want to make sure that when the Federal Government asks for a risk 
assessment, that the response is based on sound and objective 
scientific practices. I also want to ensure that the assessor of those 
risks to human health and the environment consider the best available 
scientific information.
  These types of requirements are not new. These are the same types of 
requirements we have enacted in law for the purpose of the Safe Water 
Drinking Act; and not surprisingly, those principles have worked very 
well.
  With this amendment, we will also follow a related recommendation 
with the 1997 recommendation of the President's Commission on Risk 
Assessment and Risk Management. Specifically, the amendment asks 
assessors of risks to provide a description of the weight of the 
evidence concerning a given risk. In other words, when a new risk to 
our health or the environment is claimed in a study, those responsible 
for releasing the study must describe their understanding of what best 
science tells us about that risk.
  The bill before us today contains a section providing for the Surface 
Transportation Environment and Planning Cooperative Research program. 
This section, among other items, addresses risk assessments of public 
health and the environment. These subject matters are within the 
jurisdiction of the Committee on Energy and Commerce. I want to ensure 
that these provisions reflect the congressional desire for sound 
science.
  I want to thank the gentleman from New York (Chairman Boehlert) of 
the Committee on Science for his work and assistance in the base text 
of the language and also for his and his staff's assistance in working 
out the language of this amendment.
  Mr. Chairman, I urge my colleagues to support the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition to the 
amendment.
  Mr. Chairman, how much time remains of the gentleman from Texas?
  The Acting CHAIRMAN. The gentleman from Texas has 3 minutes 
remaining.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, on the face of it, who could object to sound science, 
objective science? That is what science should be. But the thrust of 
this amendment is not in the words of the amendment. They are not going 
to get us to that point. The language says, in considering assessment 
of risks to human health and the environment, such an assessment, where 
an assessment concerns the evaluation of multiple studies, shall 
include the best available science and description of the weight of the 
scientific evidence. And further on, in subsection 2, a description of 
the weight. That is not objectivity. That is totally subjective. To 
start considering the weight of scientific evidence, that is not a 
scientific term in and of itself.
  So I am all for science and for good science, but this language is 
going to obfuscate the evaluation of risks and open the door of 
opportunity for more lawsuits over what is meant by weight, multiple 
studies, available science. I think this goes directly in the opposite 
direction of the purpose of the gentleman from Texas.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BARTON of Texas. Mr. Chairman, I yield myself such time as I may 
consume.
  I want to make a brief comment and then recognize the gentleman from 
New York (Mr. Boehlert), the chairman of the Committee on Science. When 
the gentleman from Minnesota asked who could object to this, we know 
the answer. The good gentleman from Minnesota, my good friend objects 
to it. So that answers that question.
  I would point out that the gentleman from Alaska (Chairman Young) 
supports this, and the gentleman from New York (Chairman Boehlert) 
supports this, and the President's Council on Risk Assessment supports 
this language. It is language that is in current law for the Safe Water 
Drinking Act. So there are a number of eminent groups and individuals 
that do support it.
  Mr. Chairman, I yield such time as he may consume to the gentleman 
from New York (Mr. Boehlert).
  Mr. BOEHLERT. Mr. Chairman, I rise in support of this amendment which 
relates to language that originated in the Committee on Science. The 
language of the amendment was negotiated between the Committee on 
Science and the Committee on Energy and Commerce. I, frankly, do not 
think that this amendment is especially necessary, but I feel 
comfortable with the language.
  The language we worked out does not allow any political interference 
with science, nor does it set any new standards for science. It does 
not raise any legal hurdles for scientists or agencies. It is a simple 
statement of what we expect from scientific research and the use of 
that research, particularly risk assessments.
  What we expect is what any scientist would expect, which is that the 
researchers strive for objectivity and use the best available 
scientific practices, and that when the literature review is done for a 
risk assessment, that that review look at the best available science 
and that it describe where the weight of the scientific evidence is.
  It is pretty hard to imagine a case where that would not be done, 
which is why I do not think the amendment is of any urgency; but I 
think the language we worked out with the gentleman from Texas 
(Chairman Barton) is fair and balanced and limited; and therefore I 
support it.
  Mr. OBERSTAR. Mr. Chairman, can I inquire of the Chairman how much

[[Page 4221]]

time remains on the side of the gentleman from Texas.
  The Acting CHAIRMAN. The gentleman from Texas has 1 minute remaining.
  Mr. OBERSTAR. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Tennessee (Mr. Gordon).
  Mr. GORDON. First of all, Mr. Chairman, let me point out that the 
scope of this amendment exceeds the jurisdictional boundaries of the 
underlying bill. In fact, it exceeds the jurisdictional boundaries of 
the Committee on Transportation and Infrastructure.
  It appears to amend all laws administered by all Federal agencies 
that may use information from this program in a human health or 
environmental assessment. This is a poor precedent to establish.
  If we have concerns about Federal agencies using high-quality 
scientific information, we should address those concerns through 
oversight and legislation done in our respective committees in a manner 
tailored to fit the individual agencies where the laws were 
administered.
  This amendment will do nothing to improve the quality of science 
produced by this program or ensure the proper use by the Federal 
agencies. For that reason, I would ask that this amendment be defeated.
  Mr. BARTON of Texas. Mr. Chairman, I believe I have the right to 
close, and I am ready to close if the gentleman from Minnesota is 
ready.
  Mr. OBERSTAR. Mr. Chairman, our side has the right to close. I await 
the arguments on the part of the gentleman from Texas.
  The Acting CHAIRMAN. The gentleman from Minnesota has the right to 
close.
  Mr. BARTON of Texas. I thought the author of the amendment had the 
right to close.
  The Acting CHAIRMAN. The manager in opposition has the right to 
close.
  Mr. BARTON of Texas. Mr. Chairman, I yield myself the remaining time.
  My first response to my good friend, the gentleman from Tennessee 
(Mr. Gordon), who is a member of both the Committee on Science and the 
Committee on Energy and Commerce, is that he is right that this 
amendment exceeds the jurisdiction of the Committee on Transportation 
and Infrastructure. That is why it was offered by the chairman of the 
Committee on Energy and Commerce, because it does not exceed the 
jurisdiction of the committee that I chair and has been worked out in 
conjunction with the chairman of the Committee on Transportation and 
Infrastructure and the chairman of the Committee on Science. So if you 
put us all in the same tent collectively, it does not exceed the 
jurisdiction.
  The language that we are using is language that was put forward 
initially by a Presidential commission under President Clinton's 
administration in the mid-1990s, and it is their language that we are 
incorporating into the amendment. So this is not some subterfuge to use 
Republican language or conservative language; it is language that was 
originally adopted and supported by President Clinton in his 
administration.
  All we are trying to do with this amendment is make sure that as 
various projects come forward and we need to do investigations and risk 
assessments, that it be done based on sound scientific principles. I 
think that is an issue that both sides can agree upon, and I would urge 
a ``yes'' vote on the amendment.
  In my view, the CMAQ program--like any use of tax dollars--should be 
applied as cost effectively as possible to achieve appropriate Federal 
policy goals.
  A recent study suggests some CMAQ uses--such as building bike paths--
do little to relieve either congestion or air pollution, which are the 
policy goals of CMAQ. The Transportation Research Board study estimates 
that bike paths funded with CMAQ money cost the taxpayer on average 
$80,000 per ton of pollution removed. If this study is correct, in my 
view, CMAQ dollars can and should be better spent.
  New technologies have recently proven very cost effective in reducing 
pollution. For example, diesel retrofit and anti-idling technologies 
are having positive results around the Nation. Retrofit technologies--
which are being used in the President's Clean School Bus program are 
much like the catalytic converter on your car. These devices are 
capable of removing 80 to 90 percent of the pollutants from the exhaust 
of a diesel engine. The increased use of these technologies in other 
sectors of the economy should be encouraged.
  Any steps we can take to clarify that CMAQ money can be spent to 
deploy a new crop of technologies including retrofits and anti-idling 
devices that are highly effective at reducing emissions from diesel 
engines makes good sense. Our states are scrambling to find ways to 
deal with the new EPA designations without jeopardizing economic 
development. Using CMAQ funds more wisely may help us out a great deal.
  Mr. OBERSTAR. Mr. Chairman, I yield 30 seconds to the gentleman from 
Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Mr. Chairman, I believe this would become the lawyers' 
full employment act, and the other side of the aisle is not usually 
avidly supporting the lawyers, because this is so vague, a description 
of the weight of scientific evidence. How would we weigh it? Do we 
weigh it physically? Do we weigh it on a molecular basis? What is the 
weight?
  I expect that this would lead to lengthy and contentious litigation 
at great expense to the taxpayers and basically inhibit government 
agencies from using the best available science. It is too vague. It 
should be defeated.
  Mr. OBERSTAR. Mr. Chairman, how much time do I have remaining?
  The Acting CHAIRMAN. The gentleman from Minnesota has 2 minutes 
remaining.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the remaining time.
  Let me first make it clear that the language of this amendment was 
not worked out with staff on our side, nor by the majority staff. I 
represent on this issue the bipartisan position of the committee in 
opposition.
  We have seen the dangers of manipulated science. The tobacco industry 
produced study after study trashing the impact of smoking and 
secondhand smoke, only to be overturned in case after case and by 
Federal Government health agencies. This year, we have seen the dangers 
of industry-funded studies on Vioxx and Celebrex, and those two drugs 
have been withdrawn. Was that done on the basis of weight of evidence? 
Such a vague and subjective standard.
  Mr. Chairman, the National Academy of Sciences is the authority that 
we frequently turn to in the Committee on Transportation and 
Infrastructure and in the transportation community. They oversee 
transportation environmental research. They, the National Academy of 
Sciences, truly are the gold standard. They do not play around the 
edges with such vague terms as ``weight of evidence.'' They evaluate 
the evidence. They make scientific judgments. They come to good 
science-based conclusions. That is where we ought to go; and if the 
gentleman were serious about this issue of getting very objective 
scientific evidence to bear on environmental issues of health or 
environment, subject it to review of the National Academy of Sciences. 
That would be standard enough for us. We would let it ride at that. But 
as it stands, I must oppose the amendment.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Barton).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. OBERSTAR. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas (Mr. 
Barton) will be postponed.
  It is now in order to consider amendment No. 11 printed in House 
Report 109-15.


                Amendment No. 11 Offered by Mr. SHADEGG

  Mr. SHADEGG. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 11 offered by Mr. Shadegg:
       At the end of subtitle A of title I, add the following (and 
     conform the table of contents of the bill accordingly):

[[Page 4222]]



     SEC. 1126. ADDITION OF PARTICULATE MATTER AREAS TO CMAQ.

        Section 104(b)(2) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (B)--
       (A) in the matter preceding clause (i) by striking ``ozone 
     or carbon monoxide'' and inserting ``ozone, carbon monoxide, 
     or particulate matter (in this paragraph referred to as `PM-
     2.5 or PM-10')'' ;
       (B) by striking clause (i) and inserting the following:
       ``(i) 1.0, if at the time of apportionment, the area is a 
     maintenance area;'';
       (C) in clause (vi) by striking ``or'' after the semicolon;
       (D) in clause (vii)--
       (i) by striking ``area as described in section 149(b) for 
     ozone'' and inserting ``area for ozone (as described in 
     section 149(b)) or for PM-2.5 or PM-10''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (E) by adding at the end the following:
       ``(viii) 1.0 if, at the time of apportionment, any county 
     that is not designated as a nonattainment or maintenance area 
     under the 1-hour ozone standard is designated as 
     nonattainment under the 8-hour ozone standard; or
       ``(ix) 1.2 if, at the time of apportionment, the area is 
     not a nonattainment or maintenance area as described in 
     section 149(b) for ozone or carbon monoxide, but is an area 
     designated as nonattainment under the PM-2.5 or PM-10 
     standard.'';
       (2) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Additional adjustment for carbon monoxide areas.--If, 
     in addition to being designated as a nonattainment or 
     maintenance area for ozone as described in section 149(b), 
     any county within the area was also classified under subpart 
     3 of part D of title I of the Clean Air Act (42 U.S.C. 7512 
     et seq.) as a nonattainment or maintenance area described in 
     section 149(b) for carbon monoxide, the weighted 
     nonattainment or maintenance area population of the county, 
     as determined under clauses (i) through (vi) or (viii) of 
     subparagraph (B), shall be further multiplied by a factor of 
     1.2.'';
       (3) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (4) by inserting after subparagraph (C) the following:
       ``(D) Additional adjustment for pm-2.5 or pm-10 areas.--If, 
     in addition to being designated as a nonattainment or 
     maintenance area for ozone or carbon monoxide, or both, as 
     described in section 149(b), any county within the area was 
     also designated under the PM-2.5 or PM-10 standard as a 
     nonattainment or maintenance area, the weighted nonattainment 
     or maintenance area population of those counties shall be 
     further multiplied by a factor of 1.2.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Arizona (Mr. Shadegg) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Shadegg).

                              {time}  1300

  Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, my amendment seeks to address a significant air quality 
issue facing many of our communities and our constituents.
  Our Nation faces a serious air quality problem with tiny particles of 
dust and chemicals otherwise known as particulate matter. Particulate 
matter is a health hazard because people breathe it in and the human 
respiratory system cannot filter the particles out because they are so 
small.
  Thirty States have areas with particulate matter problems and over 
100 million Americans live in communities facing this issue. Many 
scientific studies have linked the breathing of particulate matter to a 
series of health problems, including aggravated asthma, chronic 
bronchitis, decreased lung function and also premature death.
  Particulate matter is also the major cause of haze and reduced 
visibility in many parts of the country. That is precisely the reason 
why Congress required communities to achieve air quality standards for 
these small particulate matters under the Clean Air Act.
  The EPA has accordingly established two standards for particulate 
matter. One is PM-10, which is a fairly fine particulate matter, and 
the second is PM-2.5 which is extremely fine particulate matter. Both 
are produced by vehicles driving on both paved and unpaved roads, and 
neither PM-10 nor PM-2.5 can be filtered out by the human respiratory 
system.
  Current law allows States to use funds provided through the 
Congestion Management Air Quality Improvement program, known as CMAQ, 
to achieve compliance with particulate matter. However, the current 
allocation formula for funding under that law does not make any 
reference to or include particulate matter. This leads to significant 
funding shortfalls with regard to dealing with particulate matter 
problems.
  My amendment seeks to correct this inequity by adding both the EPA 
standards for particulate matter for PM-10 and PM-2.5 to this 
allocation formula. The language is essential because it will greatly 
aid areas with particulate matter pollution problems in meeting the air 
quality standards, particularly the emissions of these pollutants from 
roads.
  Measures which States and counties are required by law to take to 
deal with particulate matter problems include purchasing specially 
designed street sweepers; curbing, paving and stabilizing the shoulders 
of paved roads; paving, vegetating and chemically stabilizing access 
points and unpaved roads; the timing of traffic lights; and using 
unformulated gasoline.
  Again, this is a serious issue facing our communities. It directly 
affects my constituents and those of many of my fellow colleagues.
  My amendment would make the CMAQ program more equitable in its 
allocation of resources and would recognize the significant air quality 
concern which is currently overlooked in the programs' funding formula.
  I urge my colleagues to support the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I claim time in opposition to the 
amendment, and I yield myself such time as I may consume.
  Mr. Chairman, the gentleman from Arizona (Mr. Shadegg) raises a very 
serious matter, modifying the Congestion Management and Air Quality 
Improvement provisions in current law and the formula.
  The manner in which the gentleman proposes to do this is a little 
more complicated than I think is appropriate to resolve in amendment 
form on the floor. But I, in cooperation with the chairman of the full 
committee, believe we can work this out with the gentleman from Arizona 
(Mr. Shadegg) as we proceed to conference.
  If the gentleman is inclined to withdraw the amendment, having given 
a very thoughtful discussion of it, I believe as we did last year in 
the effort to reach a bill which we ultimately did not, not for this 
reason but for other reasons, that we can work this matter out.
  Mr. SHADEGG. Mr. Speaker, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Arizona.
  Mr. SHADEGG. Mr. Chairman, as we have discussed, this is an issue 
which I raised last year and on which the gentleman graciously agreed 
to address, both the gentleman and the full committee chairman, in the 
conference.
  It is a complicated issue. When we dealt with this issue last year, 
one of these two pollutants had been included in the bill on the Senate 
side; the other had not. So our concern was to make sure that, if we 
dealt with one, we should deal with both because some States are 
confronted by a problem by one of those, and some States are confronted 
by a problem with the other. Quite frankly, some States have both. But 
I am prepared at the right point in time to withdraw the amendment 
based on my understanding from both the full committee chairman and the 
ranking member that this is an issue which can be addressed. It is 
indeed a more complicated issue than can be dealt with in a floor 
amendment and it can be addressed in conference. And based on the 
assurances I received I am more than willing to do that.
  I am not anxious to do it now because I have one gentleman who would 
like to speak to the issue, but once he has had a chance to do so I 
will be happy to proceed as agreed.
  Mr. OBERSTAR. Mr. Chairman, I assure the gentleman that we will reach 
in every good faith a resolution to this matter.

[[Page 4223]]

  Mr. Chairman, I reserve the balance of my time.
  Mr. SHADEGG. Mr. Chairman, I yield 1 minute to the gentleman from 
Georgia (Mr. Gingrey).
  Mr. GINGREY. Mr. Chairman, I thank the gentleman from Arizona (Mr. 
Shadegg) for yielding me time.
  Mr. Speaker, I rise in support of the gentleman's amendment. I 
believe that the Federal government and the Congress need to be part of 
the solution to cities around the country that are in non-attainment 
status.
  This amendment is a good step in providing relief for cities such as 
Columbus, Georgia, in Muskogee County, part of my 11th Congressional 
District, that only recently has been designated non-attainment, and it 
is non-attainment of this PM-2.5 that the gentleman from Arizona (Mr. 
Shadegg) was just talking about, these tiny 2.5 or below 
microparticulate matter.
  We can save for another day, I guess, the debate over particulate 
matter non-attainment and whether cities such as Columbus should be 
designated as such. But today, I would like to say thank you to the 
gentleman from Arizona (Mr. Shadegg) for offering this amendment that 
will allow funding to be provided to these cities.
  I understand the gentleman may withdraw the amendment. I appreciate 
the ranking member being willing to work with him on trying to resolve 
this. But on behalf of the people of Muskogee County and the City 
Columbus and Phoenix City, Alabama, as well, I think this is a good 
idea and I commend the amendment.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, I affirm my willingness to work with the gentleman and 
the chairman to resolve this matter as we proceed to conference on 
withdrawal of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SHADEGG. Mr. Chairman, based on the representations of both the 
chairman of the committee and the ranking member, their gracious 
willingness to work on this issue as it moves to conference and their 
acknowledgment that it is a serious concern, I ask unanimous consent to 
withdraw the amendment.
  The Acting CHAIRMAN (Mr. Hefley). Is there objection to the request 
of the gentleman from Arizona?
  There was no objection.
  The Acting CHAIRMAN. It is now in order to consider amendment number 
12 printed in House Report 109-15.


                 Amendment No. 12 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mr. Flake:
       At the end of section 1103 of the bill, add the following:
       (e) Subtraction of Earmarks From Surface Transportation 
     Program Funding.--Section 104(b)(3) of title 23, United 
     States Code, is amended--
       (1) in subparagraph (B) by striking ``subparagraph (A)'' 
     and inserting ``subparagraphs (A) and (C)''; and
       (2) by adding at the end the following:
       ``(C) Subtraction of earmarks.--
       ``(i) In general.--Amounts to be apportioned to a State 
     under subparagraph (A) for each of fiscal years 2004 through 
     2009 shall be reduced by the aggregate amount made available 
     to the State (and recipients in the State) out of the Highway 
     Trust Fund for that fiscal year for projects described in 
     sections 1702, 3037, and 3038 of the Transportation Equity 
     Act: A Legacy for Users.
       ``(ii) Effect on minimum guarantee.--In determining a 
     State's percentage return from the Highway Trust Fund (other 
     than the Mass Transit Account) for purposes of section 105 
     for a fiscal year, the Secretary shall treat amounts 
     subtracted under clause (i) for that fiscal year as amounts 
     apportioned to the State for the surface transportation 
     program for that fiscal year.
       ``(iii) Reapportionment.--Amounts subtracted from a State 
     for a fiscal year under this subparagraph shall be 
     reapportioned among the States under the formula in 
     subparagraph (A).''.

  The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman 
from Arizona (Mr. Flake) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, in years past, I have offered this amendment as well. 
My concern with the highway bill is that there are so many earmarks 
totaling over $11 million in last year's bill and somewhere similar 
this year that those earmarks come off the top, and it decreases the 
amount of money made available to Arizona in the end.
  My amendment would fund the earmarks under the line, meaning that the 
earmarks would come out of a State's formula, not off the top, meaning 
that my formula in Arizona would be diminished for earmarks in Vermont 
or Alaska or another State.
  My amendment, I should point out, would neither strike nor prevent 
Members from securing earmarks for their district. It would, however, 
put the discussion for State priorities where it belongs, at the State 
levels or among State delegations. Members of my delegation from 
Arizona, for example, could get together and say we are not convinced 
that our State Department of Transportation is putting the right 
priority on this area or this area, or, politically, they are ignoring 
my district, for example. Those are decisions that could be made there; 
but other States should not be penalized by our earmarks. And that is 
what has happened in years past. I just want to make sure that it does 
not.
  I would like to ask the chairman or the ranking minority member if 
they are willing, after offering this amendment, my understanding is 
that the manager's amendment actually contains language to fund 
earmarks below the line and do much of what my amendment intended to 
do.
  My concern is that the criteria for earmarks that will still be 
funded above the line may be a little too loose and that, in the end, 
those earmarks will end up coming out of my State's formula as well.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I rise in opposition to the amendment.
  Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this amendment gets to the guts of the bill that we are 
presenting to the House today. A similar amendment, maybe even the 
exact language of this amendment, was overwhelmingly defeated last year 
by a vote of 367 to 60. The intent of the amendment is simply to reduce 
a State's apportionment under the Surface Transportation Program dollar 
for dollar by the authorizations that Members of that State receive for 
highways and transit high-priority projects and require the Secretary 
to use a revised apportionment that includes the offset in determining 
the State's rate of return.
  The amendment punishes States that do well in high-priority projects 
and transit new starts and redistributes those dollars elsewhere. That 
is contrary to the entire intent of this legislation. Members should 
have a say in the distribution of the dollars under this legislation.
  Mr. Chairman, I reserve the balance of my time.
  Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, my understanding of the gentleman from Minnesota (Mr. 
Oberstar), if he will clarify, my understanding is that the manager's 
amendment did contain language to actually fund the earmarks below the 
line, meaning that they actually will and much of this amendment is 
actually contained in the bill already. Is that not the case? Because 
if so, there is no way we can come anywhere close to reaching the 92.6 
that has been, if not guaranteed, bandied about.
  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. FLAKE. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, we reached a delicate balance in 
extensive negotiation between the majority and minority, between the 
leadership in a formula that is spelled out in the manager's amendment 
that accomplishes the goal in real terms of achieving 92.6 percent 
return for all States.
  Mr. FLAKE. Reclaiming my time, if the chairman would chair, my 
understanding is, and if the gentleman would

[[Page 4224]]

clarify, that the guts of this amendment is already contained in the 
manager's amendment. If that is the case, then I am willing to consider 
withdrawing. But what I want to make sure is that the earmarks that are 
still funded, and according to news reports this morning, earmarks will 
still be funded above the line that are regional in nature or regional 
in national significance. I just want to make sure there is criteria 
for those that will not start pulling other earmarks above the line, 
therefore diminishing the amount of return that my State gets.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. FLAKE. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, I do not believe the gentleman's 
State will get any less money under what we propose. It will be at 
92.6, and the problem with this amendment is that it is the Flake 
amendment and that is the number one problem. I will tell you very 
frankly, after stressing that we worked very closely with the 
leadership, with everybody trying to reach a solution with the amount 
of dollars we have and still in fact take care of those Members that 
believe in fact they should have a say about some monies that go into 
their State and where it goes. The idea that collectively you will sit 
down with your fellow Members and you will arrive at a decision and you 
have got two senators over there, you can forget it because that is not 
going to happen. And this is the one time Members themselves have an 
opportunity to make a decision for the State in their district.
  California, in which I believe has 52 Congressman now, I have some 
areas that have never got a nickel of Federal monies because of 
Caltrain who spends it all in the larger populated areas. That is the 
unfortunate fact of life. Because the Department of Transportation is 
not always right on the transportation needs for individual districts, 
and this is the House of the people. And if I thought for one moment 
that any of these dollars were spent for anything other than 
transportation, I would be frankly against it. But every dollar being 
spent is for transportation. And this is the one time every 6 years 
that there is an opportunity to, in fact, advance for each of the 
Members' district, and if you do not choose to do that, that is your 
prerogative. But to have other Members to be deprived of that 
opportunity, I think, is inappropriate.

                              {time}  1315

  The gentleman and I have discussed this amendment for quite a while, 
and I can just about assure him I have committed to the donor States 
that we would be able to, in fact, reach that 92.6, and it will be in 
the final version of the bill when it goes to the President's desk.
  The Acting CHAIRMAN (Mr. Hefley). The gentleman's time has expired.
  Mr. OBERSTAR. Mr. Chairman, how much time remains on my side?
  The Acting CHAIRMAN. The gentleman from Minnesota (Mr. Oberstar) has 
4 minutes remaining.
  Mr. OBERSTAR. Mr. Chairman, I yield myself such time as I may 
consume.
  The chairman of the full committee has explained the issue very well. 
The point of inviting Members to submit for designation by the 
committee projects of great significance within their districts 
acknowledges the reality that not all wisdom in investing 
transportation dollars resides in State DOTs.
  That is why the Federal Highway Administration does not make these 
decisions. The dollars go from the Highway Trust Fund through the 
Federal Highway Administration out to the States to make decisions and 
when a road or a bridge is not built or improved, or a transit system 
investment is not made, our constituents come to us, Members of 
Congress, you are out there in Washington, you vote on this 
legislation, you vote for the Highway Trust Fund, you set up the 
policies by which those dollars are invested, and we are not getting 
the investment that we need. So they come to us, and it is for us to 
serve as a correction to State DOTs, and that is what we do in this 
process.
  Now, in including Member high-priority projects in the minimum 
guarantee, we have reached the 92.6 percent return on equity to the 
States, resolving the issue and the problem the gentleman from Arizona 
has raised.
  Mr. YOUNG of Alaska. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Mr. Chairman, in all due respects to my good 
colleague from Arizona, I would appreciate it if he would withdraw the 
amendment. We know what he is trying to do, and I have told the 
leadership we are going to get to where he wants to go. If my colleague 
insists on a vote, I will reluctantly have to vigorously oppose it.
  So I would like to make a suggestion. Discretion is the better part 
of valor.
  Mr. FLAKE. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Arizona.
  Mr. FLAKE. Mr. Chairman, I do, with the understanding that we do 
reach the 92.6 and understanding that we can only do that if we include 
earmarks under the line. Frankly, if my colleagues do the math, that is 
the only way we can. That is why I was pleased to see that the 
manager's amendment did contain that provision.
  My concern is, and the gentleman from Alaska, my good friend, did 
mention that every dollar goes toward transportation. It is simply not 
the case. I read the bill last night, and some of it, some of it, but I 
did not have to read all of it.
  Mr. OBERSTAR. Mr. Chairman, reclaiming my time, I think the gentleman 
has made his case. Our side has made the case, and we have the right to 
close, and I assure the gentleman from Arizona that the interests of 
the State of Arizona are well cared for in this legislation and of all 
the States and the agreement that is embodied in the manager's 
amendment was reached at the very highest levels of policy within this 
body and on the majority side, and we have to reject the gentleman's 
amendment, and I would, in fact, urge him to withdraw the amendment.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Hefley). Does the gentleman from Arizona 
(Mr. Flake) withdraw the amendment?
  Mr. FLAKE. I have the right to close. I do have a minute to close.
  The Acting CHAIRMAN. The gentleman's time has expired.
  Mr. FLAKE. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.


 Vacating Demand for Recorded Vote on Amendment No. 10 offered by Mr. 
                            Barton of Texas

  Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent to vacate the 
proceedings by which a recorded vote was requested on the Barton 
amendment.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The Acting CHAIRMAN. Without objection, the request for a recorded 
vote is vacated and the amendment is adopted pursuant to the voice vote 
announced by the Chair.
  Mr. YOUNG of Alaska. Mr. Chairman, I move that the Committee do now 
rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
McHugh) having assumed the chair, Mr. Hefley, Acting Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 3) to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes, had come to no resolution 
thereon.

[[Page 4225]]



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