[Congressional Record (Bound Edition), Volume 151 (2005), Part 3]
[House]
[Pages 4226-4237]
[From the U.S. Government Publishing Office, www.gpo.gov]




             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

  The SPEAKER pro tempore. 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.

                              {time}  1322


                     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. 
Hefley (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. When the Committee of the Whole rose earlier 
today, amendment No. 12 by the gentleman from Arizona (Mr. Flake) had 
been disposed of.
  Pursuant to the order of the House of today, it is now in order to 
conduct a period of final debate on the bill.
  The gentleman from Alaska (Mr. Young) and the gentleman from 
Minnesota (Mr. Oberstar) each will control 5 minutes.
  Does the gentleman from Oregon (Mr. DeFazio) claim the time?
  Mr. DeFAZIO. Mr. Chairman, I claim the time on behalf of the 
gentleman from Minnesota (Mr. Oberstar) as the subcommittee ranking 
member.
  The Acting CHAIRMAN. The Chair recognizes the gentleman from Alaska 
(Mr. Young).
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume, and I further yield to the gentleman from South Carolina (Mr. 
Spratt) for a colloquy.
  Mr. SPRATT. Mr. Chairman, I thank the gentleman for yielding.
  The gentleman from South Carolina (Mr. Clyburn) and I had an 
amendment that we filed yesterday to forgive the debt owed by the Pee 
Dee Regional Transit Authority to the Federal Transit Administration. 
We are not going to bring this amendment up for a vote, but I would 
like to engage my colleague, the gentleman from Alaska (Chairman Young) 
in particular, in a colloquy on this issue if agreeable.
  Mr. Chairman, the Pee Dee Regional Transit Authority, PDRTA, is 
responsible for transportation and transit services in an area which 
encompasses 20 percent of South Carolina, more than 5,300 square miles 
in some of the most poorest, most rural areas of our State.
  In the year 2000, the Federal Transit Administration's triennial 
review found that PDTRA had incorrectly used revenues from contract 
services as local match for operating assistance grants. The PDRTA 
finance director at that time determined that PDRTA owed an amount of 
$895,083 to the FTA, although this number has not been verified by 
audit by the FTA.
  PDTRA has completely replaced their management, reformed their 
business practices, and begun quarterly payments on the debt of around 
$20,500. With an overall budget of $3.5 million, these quarterly 
payments have crippled their ability to expand services and to improve 
access to jobs and medical facilities in this underserved region.
  For this reason, the regional administrator of the FTA expressed in a 
January 31, 2001, e-mail to me that he supports PDTRA's efforts to 
obtain debt forgiveness. The gentleman from South Carolina (Mr. 
Clyburn) and I both support the regional PDTRA administrator's position 
in favor of debt forgiveness. I am just asking the chairman and ranking 
member for help in trying to resolve this matter in conference.
  Mr. YOUNG of Alaska. Mr. Chairman, reclaiming my time, the regional 
transit authorities are important to transportation in rural areas. I 
would be happy to discuss this matter further with the gentleman from 
South Carolina (Mr. Clyburn) and the gentleman to determine whether we 
can help with the problems in South Carolina.

[[Page 4227]]


  Mr. DeFAZIO. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Alaska. I yield to the gentleman from Oregon.
  Mr. DeFAZIO. Mr. Chairman, like the gentleman from Alaska (Chairman 
Young), the gentleman from Minnesota (Mr. Oberstar) and I believe 
strongly in the importance of regional transit authorities and will 
work with the gentlemen from South Carolina (Mr. Clyburn) and (Mr. 
Spratt) to find an agreeable solution to this issue in conference.
  Mr. SPRATT. Mr. Chairman, if the gentleman would further yield, I 
thank both gentlemen and look forward to working on this issue as the 
conference committee begins its deliberations. I thank the gentleman 
very much for this opportunity.
  Mr. YOUNG of Alaska. Mr. Chairman, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I yield myself 2 minutes.
  Again, I want to thank the chairman of the full committee, chairman 
of the subcommittee, ranking member, the gentleman from Minnesota (Mr. 
Oberstar), the staff members, the leadership in the House, everyone who 
has contributed to what I think is an extraordinary product in this 
bill.
  This bill is going to make vital investment in the crumbling 
infrastructure of the country to refurbish it, maintain it, improve it. 
It is going to anticipate growth needs and congestion. It is going to 
contribute to the growth of our economy. It is going to put tens of 
thousands, hundreds of thousands of people to work, and we do all this 
without borrowing any money, creating anymore deficit or debt. That is 
the most extraordinary thing about this bill and the most notable 
achievement.
  We, unlike many other Federal programs, have an investment that is 
totally paid for by the taxpayers and will be of tremendous benefit to 
those same taxpayers. The money will be spent in the manner in which it 
was intended when it was collected from individuals and from commercial 
drivers at the pump, and this will be, I believe, the signature 
domestic legislation of this Congress in terms of the positive impact 
on the economy of our country.
  Mr. Chairman, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Chairman, I yield myself such time as I may 
consume.
  I echo the words of my good friend, the gentleman from Oregon (Mr. 
DeFazio) and, of course, the gentleman from Minnesota (Mr. Oberstar), 
the ranking member.
  I would also like to not only thank my staff but everybody who has 
dealt with me for the past 4 years on this legislation. This is a very 
frustrating position to be in when the cash flow is not really what we 
wanted it to be and yet trying to achieve what is necessary for this 
country, and that is a good infrastructure system.
  I am convinced that we will be revisiting this issue when this bill 
is on the President's desk in the years coming because we have a real 
challenge in this great Nation of ours. We have heard it time and again 
about how people are delayed and how product is delayed and how our 
bridges are crumbling, our roads are crumbling. These are not myths. 
These are actual facts. It was testified before us that we actually 
need probably $500 billion to make sure this country keeps moving, to 
be competitive with that competitive China.
  So this is just a small step forward, and I will agree with my friend 
from Oregon; I do believe this will be the premier domestic legislation 
that we will pass that will affect more lives immediately than any 
other piece of legislation we will have before this body in the next 14 
months.
  I am proud of the fact that we have been able to do this in a 
bipartisan fashion. I am proud of the fact that we have been able to, 
in fact, craft this bill, and there has been lots of cooks in this 
kitchen, but we have managed to bring everybody together, and I think 
come out with a very, not think, I know, a very good product in TEA-LU.
  Now, we are going to go to the Senate after I hope everybody votes 
for this legislation. We will go to the Senate. God willing, they will 
move something, and we will have this bill done before the first of 
June.

                              {time}  1330

  And for that I thank each Member of this House, for participating in 
the process and showing the public how this House can work together to 
produce a product for the benefit of this Nation.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I yield the balance of my time to the 
gentleman from Minnesota (Mr. Oberstar), the ranking member.
  Mr. OBERSTAR. Mr. Chairman, the gentleman from Alaska (Mr. Young), 
our chairman, expressed it very well. We are on the brink of a new era 
in transportation, with a substantially increased investment in 
transportation. It is and will be, as the title of this bill describes, 
transportation equity and a legacy for users, a legacy of a 
substantially increased investment in surface transportation; highways, 
bridges, and safety, over $6 billion, over the next years of this 
legislation.
  There is substantial investment in transit, the fastest growing 
segment of transportation over the last 5 years, adding 1 million new 
riders a day in transit systems. New innovations, truck lanes that the 
chairman has strongly advocated will be part of this legislation; 
increased funding for ferry service, to take more pressure off our 
roads. The environmental provisions of this provision are far-reaching, 
forward-looking, and visionary. We have a good beginning on this legacy 
for users of our transportation system, properly named.
  In coming to this point, I, of course, want to thank our chairman, as 
I have done at the outset, for his leadership and standing firmly for 
the $375 billion we truly ought to be investing in transportation, but 
with the opener we have the opportunity to come back and do this again. 
And also thank you to the chairman of the subcommittee, the gentleman 
from Wisconsin (Mr. Petri), and my very good friend and partner, the 
gentleman from Oregon (Mr. DeFazio), who is our ranking member on the 
Subcommittee on Highways, Transit & Pipelines.
  Also our committee staff on both sides have worked tirelessly and 
selflessly toward this objective: Dave Heymsfeld, Ward McCarragher, 
Kathie Zern, Dara Schlieker, and Jen Walsh.
  Ken House, Art Chan, Stephanie Manning, and Eric Van Schyndle, who 
spent an enormous amount of time on the Member high-priority projects. 
Beth Goldstein, and from the staff of the gentleman from Oregon (Mr. 
DeFazio) Kathie Dedrick.
  We have also had unsung heroes and heroines: our unpaid interns 
Lauren Reed and Homer Carlisle.
  The Legislative Counsel's office: Dave Mendelsohn, who I have known 
for years and who is a fount of knowledge on the crafting of the right 
legislative language; Curt Haensel and Rosemary Gallagher.
  And Susan Binder and Ross Chrichton from the Federal Highway 
Administration.
  That old African adage that it takes a village to raise a family, 
well, it really took a village of staff, of Members, of support, of 
participation by the leadership to produce this child, this 
Transportation Equity Act, this Legacy For Users. Let us move forward 
to make this the Transportation Century.
  Mr. HASTERT. Mr. Chairman, I rise today in support of H.R. 3.
  I'm glad this day has finally come. This is one of the most important 
bills this Congress can pass.
  I designated this Highway and Transit Reauthorization as H.R. 3 
because of its importance as the economic growth and jobs bill for this 
legislative year.
  It's estimated for every $1 billion we spend on road construction, 
nearly 48,000 jobs are created.
  But it's more than just jobs. We need an adequate infrastructure to 
move people and the materials they make efficiently.
  With more than 67 percent of the Nation's freight moving on highways, 
economists believe that our ability to compete internationally is tied 
to the quality of our infrastructure.
  In an era of just-in-time delivery and an increasingly global economy 
it is unacceptable

[[Page 4228]]

that traffic congestion currently affects 33 percent of all travel on 
America's major roadways; leading to 3.6 billion hours of delay each 
year.
  I congratulate Chairman Young and the Transportation and 
Infrastructure Committee for producing a bill that addresses this 
Nation's need for a transportation system suited to the 21st century's 
economy.
  Further, Chairman Young and the Committee have written a fiscally 
responsible bill at a $283.9 billion funding level that fits within our 
budget and that the President can sign.
  Given the demands of the infrastructure needs and the delicate 
balance that must be maintained among competing interests for highway 
and transit funds, this is no small accomplishment.
  Today, the House of Representatives will prove that it is possible to 
pass a fiscally responsible Highway bill.
  It is now up to the other body to quickly match our effort and get 
into conference so this legislation can be enacted into law before this 
year's construction season passes for States in the North.
  The time is over for any further delay in reauthorizing these vital 
infrastructure programs.
  For 2 years, uncertainty and delay over establishing multi-year 
funding levels has hampered our and the States' ability to plan for and 
build transportation systems.
  In conclusion, I want to thank Chairman Young, Ranking Member 
Oberstar and the members of the Transportation and Infrastructure 
Committee for producing this legislation.
  To quote our Majority Leader Tom DeLay--who was also instrumental in 
getting us to this point--it is time to ``get it done.''
  Mr. CROWLEY. Mr. Chairman, I rise today in strong support of this 
legislation.
  I would like to commend the efforts of Chairman Young and Ranking 
Member Oberstar as well as Subcommittee Chairman Petri and Ranking 
Member DeFazio for their tireless efforts on crafting a strong 
bipartisan bill.
  As we all know, this legislation has been a long time coming and I 
would like to extend my gratitude to these four men for the work they 
have done to produce such a strong bipartisan bill.
  In today's current environment in the House, it is really a testament 
of how Chairman Young and Mr. Oberstar run the committee and put the 
needs of United States infrastructure before partisan issues.
  This is one of the most important pieces of legislation for me 
because of the benefits it will provide to my district.
  Without the leadership of Mr. Young, Oberstar, Petri, and DeFazio and 
the incredible staff they have on the Transportation and Infrastructure 
Committee our Congressional Districts would still be waiting for the 
much needed funding to repair and improve of roadways.
  I would like to thank you on behalf of my constituents for all the 
work you have done.
  Mr. GERLACH. Mr. Chairman, I rise in support of H.R. 3 and commend 
Chairman Young and Ranking Member Oberstar for their hard work in 
bringing this bill to the floor. As a Member of the House 
Transportation and Infrastructure Committee, I am proud of the work of 
our committee and am hopeful that we can enact TEA-LU quickly to give 
out State departments of transportation the stability and resources 
they need to plan for, design and build important highway and transit 
projects.
  I would also like to highlight a few issues that I look forward to 
working with the chairman and ranking member on as this bill moves 
forward.
  First, I strongly support a provision that was included in S. 1072, 
the Senate's version of the reauthorization in the 108th Congress. This 
provision, section 1620 of S. 1072, would provide a 2 percent set aside 
of funds to be used to address stormwater mitigation. If included in 
H.R. 3, the provision would bring over $29 million back to Pennsylvania 
to help address some of the major stormwater runoff problems. 
Stormwater runoff is a significant source of water pollution, untreated 
sewage overflows, beach closings and flooding. I believe addressing 
this need with specific funding in the bill to correct runoff problems 
associated with existing highways is good policy. Many of the 
communities in my own district have to deal with the impacts of runoff 
from highways and roads, yet have no funding to do so. This provision 
would correct this problem and give local communities access to much-
needed funding for stormwater mitigation.
  Second, I have worked with my colleagues on the Transportation and 
Infrastructure Committee from Pennsylvania to address a problem that 
has recently come to our attention regarding ``flexing'' of Federal 
highway dollars to shore up the operating budgets of Pennsylvania's 
transit agencies. I hope that the chairman will continue to work with 
us to see that our concerns are taken into account. While I certainly 
understand the ongoing crisis confronting SEPTA and the Commonwealth of 
Pennsylvania's other transit agencies, and hence believe the flexing of 
Federal highway dollars may provide an appropriate, short-term answer 
to the agency's budgetary problems, I likewise believe that any agreed-
to flexing plan should be contingent upon an agreed-to repayment of 
these much-needed dollars within a short and fixed time period. These 
highway dollars are absolutely critical to the continued improvement of 
our region's road infrastructure. While the Pennsylvania Legislature 
and Governor Rendell continue to work toward a permanent solution to 
mass transit funding, the need to provide transit agencies with a 
``hand up'' with these dollars may be appropriate. But that assistance 
should only be provided if the Commonwealth agrees to return these 
dollars to the effected MPOs within a specified time period to ensure 
the use of these dollars for the initial purposes for which the 
appropriations were made by the Federal Government. Further, I would 
like to see a plan in place to assure that the projects delayed by the 
flexing action are fast-tracked once the flexed dollars are returned.
  Mr. Chairman, providing flexibility to our metropolitan planning 
organizations is a laudable goal, but these Federal dollars were never 
intended to plug holes in the operating budgets of transit agencies, I 
therefore ask the chairman and members of the committee to work with us 
to achieve an acceptable solution.
  Finally, in the section 307 of the National Highway System 
Designation Act of 1995, there was included a provision that prohibited 
states from imposing arbitrary overhead rate caps. Section 307 did have 
its desired effect, most States are following common overhead and 
auditing procedures that promote quality design work. The problem is 
that section 307 provided states a window of opportunity to opt out of 
the Federal Highway Administration FHWA, overhead and auditing 
procedures by adopting State laws establishing alternative procedures. 
Thirteen States have taken advantage of this opt out and passed law to 
impose arbitrary overhead rate caps.
  As a result, Congress cannot be assured that the most qualified firms 
are being selected for working on Federal-aid design projects. At the 
same time, many of these States require their own audits with their own 
procedures, instead of accepting the uniform audit procedures used by 
most of their peers. This places unnecessary burdens on engineering 
firms and diverts time, staff and focus away from the technical aspect 
of the project.
  Section 1703 of S. 1072, the Senate version of the highway 
reauthorization in the 108th Congress, included a permanent fix for 
this problem and I hope that the provision finds its way into the final 
bill.
  Again, I would like to commend Chairman Young and Ranking Member 
Oberstar for their commitment to our Nation's highways and transit 
systems. I am proud to support H.R. 3 and urge all my colleagues to 
support the bill as well.
  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

[[Page 4229]]

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 Greater Houston area is subdivided into 6 counties: Chambers, 
Fort Bend, Liberty, Montgomery, Waller, and my District, Harris. Harris 
County contains the city of Houston and the largest concentration of 
people. In the year 2000, approximately 3.5 million people lived in 
Harris County alone--by far the most populous area. Over the next 20 
years, the population of the Houston region will continue to grow.
  The historic Fourth Ward in Houston is long overdue for major 
transportation improvements. Within the underlying bill we have before 
us today are projects that propose to make critical improvements to the 
Main Street Corridor. The Fourth Ward emerged as Houston's most 
prominent African-American neighborhood when thousands of freed slaves 
flooded into the city after emancipation. These newcomers settled on 
the fringes of the Third, Fifth, and Fourth wards. The Freedmentown 
area north of San Felipe and the streets west of downtown not only 
attracted the largest number of the new black residents but also housed 
the first black churches, schools, and political organizations. Several 
factors combined to facilitate the subsequent growth of the Fourth 
Ward's black community. I would ask that my colleagues take these 
requests under strong consideration after passage and leading into the 
conference report.
  Improvements to Houston's and Texas' infrastructure will be the 
priority for me and for my colleagues. Statistically, Houstonians 
travel more miles per day than there are miles between the earth and 
the sun. The distance between the earth and the sun is about 93 million 
miles. Houstonians drive about 156 million miles per day.
  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 fiscal years 2005 through 2007 
and up to 25 percent of the formula funds for operating expenses in 
fiscal years 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.
  Due to the short time allotment given to the floor debate on this 
measure, I was unable to engage the distinguished ranking member from 
Minnesota in a colloquy. I wanted to discuss two very specific and very 
significant issues that relate not only to Houston, but to Texas and 
many other States that have developing infrastructure and economic 
cores.
  I would have asked the ranking member for his assistance in 
maintaining the issues that I underscore here as priorities as he and 
his fellow conferees move closer to finalizing negotiations on this 
measure. These issues speak to (1) the need for increased transit-
related funding in future authorizing and appropriating measures, and 
(2) the need to maintain Federal oversight of the way in which States 
and localities regulate the flow of interstate traffic. The 
Metropolitan Transit Authority of Harris County, METRO, is the agency 
charged with the public transportation and transit needs. METRO has 
worked over the past 2 years to create a long-range plan for mass 
transit in the Houston area. After having worked with the community to 
receive input, the METRO board of directors adopted a blue-print for 
its long-range plan called ``METRO Solutions.''
  The METRO Solutions plan includes: (1) 50 percent increase in METRO's 
bus service, including approximately 44 new local, signature express, 
express, and Park & Ride bus routes, (2) nine new Transit Centers and 
nine new Park & Ride lots, as well as expansion and upgrading existing 
facilities, (3) expansion of the METRO Rail line and commuter line 
components, including an overall plan with 72.8 miles of rail, and (4) 
extension of the payments to local governments for street and other 
mobility improvements for five additional years, 2010-2014. Texas has a 
transportation code and it is authorized to act in this field of local 
government through METRO.
  I believe that long-term and comprehensive projects such as that of 
Houston METRO should be given full Federal support? I would add that 
the authorization process should allow for innovative financing options 
to allow projects such as METRO's Advance Transit Plan, ATP, and METRO 
Solutions.
  I would ask that the appropriators and authorizers remain open-minded 
in crafting measures such as H.R. 3 to the transit needs that exist in 
areas like Houston, the fourth largest city in the Nation. The 
distinguished majority leader has been cited as advocating the need for 
more innovative financing to build infrastructure and to foster 
economic activity.
  Given the situation that Houston METRO and other similar entities 
face with administrative delays that stem from a very lengthy funding 
process, I ask that our colleagues follow the leadership of the 
majority leader from Texas.
  We should go to conference and continue to work with the committee to 
maintain the need for innovative financing for major transit 
infrastructure.
  We should remain committed to maintaining the need for financing 
options for transit projects that promise to foster economic activity 
as a priority. Also, with respect to the issue of the need to maintain 
Federal oversight of the way in which States and localities regulate 
the flow of interstate traffic, a program called ``SAFE Clear'' has 
been initiated in the city of Houston and is in the city ordinance.
  I congratulate the mayor and city council on the vigorous work that 
its Office of Mobility has done to improve transportation throughout 
the city of Houston and remain eager to collaborate with them to 
facilitate this endeavor from the Federal level.
  However, I must make my colleagues aware that, through feedback that 
I have received from my constituents, the program has 
disproportionately affected certain groups of motorists, particularly 
those of lower socio-economic status and those who are or who primarily 
transport the elderly. While the proposed improvements to the ordinance 
that provide a ``free tow'' could serve our goals well, motorists who 
do not qualify for a ``free tow'' will possibly suffer from the 
disparate effects of the ordinance complained of by constituents.
  I ask that the Transportation Conference ensure that provisions are 
included in this measure and measures in the future that maintain 
Federal oversight over the regulation of interstate travel. The 
potentially disparate overall effect of the ordinance merits further 
analysis, research, and oversight.
  I hope we will continue to provide oversight over programs such as 
this through the legislation that is crafted in committee.
  Mr. Chairman, for the foregoing reasons, I support the drafters of 
this legislation for their efforts to fund priority projects and urge 
my colleagues to do the same.

[[Page 4230]]


  Mr. WEINER. Mr. Chairman, I rise today to thank the leadership of the 
Transportation and Infrastructure Committee for their hard work 
shepherding through TEA-LU, a bill that I will support despite its 
flaws. The Department of Transportation studied the Nation's 
infrastructure and prescribed a $375 billion solution. In the 108th 
Congress, I joined the leadership in endorsing the original version of 
this bill, which filled that prescription. Unfortunately, the 
administration is unwilling to come up with the support necessary to 
ensure that we are able to maintain and improve the Nation's 
infrastructure, and threatened to veto any bill that authorized more 
than $283.9 billion. As a result, we are today considering a bill that 
does not do nearly enough to improve the quality of life for 
individuals living in New York City and around the country. I look 
forward to working with the Committee leadership to see that this bill 
is improved in conference.
  Mr. Chairman, as this bill moves to conference, I want to highlight 
four issues that are of particular import to me and my constituents. It 
is my hope that the conferees will include these improvements in the 
conference report.
  First, this bill should ensure that resources are devoted by formula 
to states that require improvements. The minimum guarantee program 
shifts funding from states that have the greatest need--like New York--
to other States. Each year, New York provides $20 billion more to 
Washington than it gets back. New Yorkers ought not be punished for our 
efforts to conserve fuel, as any expansion of the minimum guarantee 
program would do.
  Second, this bill shortchanges New York on transit funding. Despite 
having almost half of the Nation's transit ridership, New York's share 
of transit funding leaves much to be desired. Transit funding should 
better reflect need.
  Third, I hope that conferees will ensure that States starved for a 
consistent funding stream for ferries and waterborne transportation can 
count on funding from the Ferry Boat Discretionary Fund. I am acutely 
aware of how much a guaranteed stream of funding would mean to improve 
both congestion and homeland security all across the country, and 
particularly in New York City, where roads are clogged on a normal day, 
and ferry transportation would provide not only congestion relief but 
another way to ensure escape from Manhattan in the case of a terrorist 
attack. At a minimum, New York should receive $5 million per year. I 
hope conferees will work with me and other Members who represent 
districts that would benefit from a guaranteed ferry funding stream.
  Fourth, I hope that conferees will work with me to ensure that the 
generous funding we have provided for Senior transportation in this 
bill is put to its best use. I believe that establishing a center for 
best practices and a technical assistance center, would provide an 
enormous service to this nation's elderly population.
  Nevertheless, Chairman Young, Mr. Oberstar, Chairman Petri, and Mr. 
DeFazio deserve the thanks and appreciation of every Member of this 
House for their tireless effort to ensure that the Nation's surface 
transportation systems receive the resources required to keep America 
moving.
  In particular, I would like to thank both the Democratic and 
Republican staff of the Transportation Committee, both of whom worked 
tirelessly on this piece of legislation, and who deserve the entire 
House's thanks. In particular, I would like to thank Ken House, Clyde 
Woodle, Eric Vanschyndle, Ward McCarragher, Kathleen Zern, David 
Heymsfeld, Dara Schleiker, and Sheila Lockwood of Mr. Oberstar's staff. 
Additionally, I would like to thank Jim Tymon of Mr. Young's staff for 
his willingness to work with me on the issue of Ferry Transportation.
  I would also like to thank Tom Kearney, Tom Herritt and their 
colleagues at the Albany Office of the Federal Highway Administration, 
Nancy Ross, Fred Neveu, Ron Epstein and their colleagues at the New 
York State Department of Transportation, and Andra Horsch and David 
Woloch and their colleagues at the New York City Department of 
Transportation.
  Ms. LEE. Mr. Chairman, I rise in support of H.R. 3, the 
Transportation Equity Act: A Legacy for Users.
  Mr. Speaker, TEA-LU represents the Federal government's ongoing 
commitment to improving our Nation's entire transportation system for 
the benefit of everyone.
  Our taxes pay for this infrastructure, and this infrastructure is the 
lifeblood of the commerce that fuels our Nation. The profits of every 
single business are dependent on this transportation network, and in 
turn, are dependent on our willingness to pay the taxes that fund this 
network.
  The very existence of our roads, our highways, our rail lines, our 
ports and our airports is testament to the critical role of the Federal 
government as the embodiment of our collective responsibility.
  It's the elegantly simple idea that by paying your taxes you improve 
the quality of life of every person in this country and lay the 
foundation for a strong economy that benefits everyone.
  Federal, State and local governments, corporations, small businesses, 
individuals--all of us have a responsibility to contribute our share. 
It is our right to use this infrastructure, but it is also our duty to 
maintain and improve it for the future.
  While we plan for the future, the benefits are real, now.
  In my district this bill will provide funding to a number of 
worthwhile projects that will improve the quality of life for my 
constituents, the State of California and the entire Nation.
  One project in particular that I'm very proud of is the Ed Roberts 
Campus. This state of the art project makes it easier for people with 
disabilities to get around. It links eight disability organizations to 
create a multi-tenant facility that will serve as an intermodal transit 
center as well as a transportation information and travel-training 
center for people with disabilities.
  The Ed Roberts Campus will play a major role in assisting and 
teaching people with disabilities to live their lives independently. 
And because it will be located above the Ashby BART station in 
Berkeley, its reach will stretch throughout the entire Bay Area, 
simultaneously serving as a model for urban independent living 
throughout the Nation.
  I'm proud to support the Ed Roberts Campus, and I'm happy to announce 
that $3 million will go towards it through TEA-LU.
  Another set of projects that I'm also very proud of are the transit 
oriented developments planned in the City of Oakland and the City of 
Emeryville. Transit oriented development is a relatively new concept 
that joins housing, business, public transportation and recreational 
areas into one liveable community.
  We have been on the cutting edge of transit oriented development in 
my district from the very beginning. And last year's successful opening 
of the Fruitvale Transit Village in Oakland has served as a model for 
other transit oriented development projects in the Bay Area and 
throughout the country.
  I'm happy to announce that TEA-LU will directly provide another $2 
million for such projects in Oakland and Emeryville.
  Another issue of concern and an area where this bill makes an 
immediate impact for my constituents is the construction of sidewalks 
in several unincorporated areas in Ashland and Cherryland in my 
district.
  Even though sidewalks are often taken for granted--for a child, the 
simple act of walking to school can be treacherous without them. Thanks 
to TEA-LU, we will have another $1 million to construct those sidewalks 
and keep these kids safe in many neglected parts of my district.
  The funding in TEA-LU for these and other projects is incredibly 
important to me and my constituents. But the truth is we need much more 
funding and not just in my district, but throughout the country.
  Our transportation system is aging. The growth and sprawl of many of 
our cities has strained transportation networks throughout the country, 
and placed a greater burden on our environment.
  I commend my colleagues on the Transportation and Infrastructure 
Committee for trying to address these problems through TEA-LU. But the 
President must also do his part and support more funding.
  Make no mistake, this is not just about transportation. This is about 
jobs. This is about the health of our environment, and the health of 
our economy.
  Every state, every city, and every member is invested in this piece 
of legislation, because this bill makes an investment in America.
  The decisions we make today will affect the health of our nation for 
decades to come. And I hope that the President listens to us and makes 
the right one.
  Mr. GENE GREEN of Texas. Mr. Chairman, I rise in support of the hard 
work of my colleagues, Chairman Don Young, Ranking Member Jim Oberstar, 
Chairman Tom Petri, and Ranking Member Pete DeFazio.
  This legislation will help our nation keep up with its ever growing 
transportation needs, but I want to add that it does fall short.
  It falls short because we have not indexed the gas tax or added the 
small increases necessary to allow the country to successfully grow.
  The Department of Transportation estimated that it will take at least 
$350 billion to keep up with our transportation needs, but the 
Administration has drawn a line in the sand at $289 billion.
  I would ask the President to look back at Texas, where the Republican 
leadership is now seriously considering indexing the Texas

[[Page 4231]]

state gas tax, as I proposed many years ago in the state legislature.
  The gas tax is the easiest tax to defend for a politician, because 
the benefit to drivers is obvious, and if you don't use your car or 
truck on the roads, you don't have to pay it.
  Now we forced into a situation where every new highway in America 
will be tolled, something my middle and low-income commuters and 
professional truck drivers vigorously oppose.
  So I support this legislation, but I also support the re-opener 
provision that allows us to consider a gas tax index proposal in the 
future.
  I also support further efforts in conference to increase the scope of 
the minimum guarantee and increase the rate of return on that minimum 
guarantee. Texas deserves at least 95 percent of the gas tax revenue 
that we pay into the system.
  I support the efforts of the Majority Leader to improve our rate of 
return, but I also encourage him to study what his colleagues, 
including the Speaker of the Texas House, are considering for the state 
gas tax.
  This legislation also included two projects of critical importance to 
my area in Houston, the reconstruction of Clinton Dr. near the Port of 
Houston and the construction of US90 from the Beltway into Loop 610.
  Clinton Dr. is currently in a state of disrepair causing safety 
concerns and the constant maintenance work is a drain on local 
resources.
  US90 will provide much needed mobility for Northeast Harris County, 
by completing a project that has been on the books for many years. 
Development along this corridor will be encouraged and greatly improve 
the area.
  I want to thank Congressman Ted Poe for working with us on the US90 
project, which will also benefit his constituents by providing another 
route into central Houston and by relieving traffic on I-10 east and US 
59 North.
  Mr. Chairman, I encourage my colleagues to vote for the bill.
  Mr. YOUNG of Alaska. Mr. Chairman, I insert into the Record an 
exchange of letters between myself and Chairman Pombo regarding H.R. 3.

                                         House of Representatives,


                                       Committee on Resources,

                                    Washington, DC, March 9, 2005.
     Hon. Don Young, Chairman,
     Committee on Transportation, and Infrastructure, Rayburn HOB 
         Washington, DC.
       Dear Mr. Chairman: I have reviewed the text of H.R. 3, the 
     Transportation Equity Act: A Legacy for Users, as ordered 
     reported from the Committee on Transportation and 
     Infrastructure on March 2, 2005. I believe that the Committee 
     on Resources has a substantial jurisdictional interest in 
     many provisions of this important legislation including 
     streamlining of procedures under the National Environmental 
     Policy Act and resolving confusion on highway construction 
     and section 106 of the National Historic Preservation Act
       Further, this Committee maintains jurisdictional interests 
     in provisions affecting recreational trails, highways on 
     federal public lands (including national parks, Indian lands 
     and public domain forest lands), the National Scenic Byways 
     Program, projects to benefit wildlife, highway safety as it 
     applies to Indian country.
       Recognizing that this historic bill is scheduled to be 
     considered by the House of Representatives this week, and 
     noting the strong spirit of cooperation and coordination your 
     staff has shown mine in the development of this bill, I will 
     forego seeking a sequential referral of H.R. 3 to the 
     Committee on Resources. Waiving the Committee on Resources' 
     right to a referral in this case does not waive the 
     Committee's jurisdiction over any provision in H.R. 3 or 
     similar provisions in other bills. In addition, I ask that 
     you support my request to have the Committee on Resources 
     represented on the conference on this bill, if a conference 
     is necessary. Finally, I ask that you include this letter in 
     the Congressional Record during consideration of the bill.
       Following your mark-up of H.R. 3, I want to acknowledge 
     your efforts on the bill's environmental provisions, many of 
     which touch upon Committee on Resources jurisdiction. I 
     commend your efforts to streamline the environmental review 
     process under the National Environmental Protection Act as 
     well as Section 4(f) procedures. However, I do have serious 
     concerns about the provision dealing with the pilot program 
     for mass transit in National Parks. This provision address 
     issues that lie squarely within the jurisdiction of the 
     Committee on Resources and should be addressed in that 
     context. Moreover, the bill passed last year by the Senate, 
     S. 1075, contained a number of troubling provisions that I 
     feel should not be included in any version of transportation 
     legislation. These provisions include language relating to 
     the Endangered Species Act and programs to address invasive 
     species. Thank you for not including these provisions in your 
     bill.
       I appreciate your leadership and cooperation on this bill 
     and I look forward to working with you to see that H.R. 3 is 
     enacted into law soon.
           Sincerely,
                                                 Richard W. Pombo,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                   Washington, DC, March 10, 2005.
     Hon. Richard W. Pombo, Chairman,
     Committee on Resources, Longworth HOB, House of 
         Representatives, Washington, DC 20515
       Dear Mr. Chairman: Thank you for your letter of March 9, 
     2005, regarding H.R. 3, the Transportation Equity Act: A 
     Legacy for Users. Your assistance in expediting consideration 
     of the bill is very much appreciated.
       I agree that there are provisions in the bill that are of 
     jurisdictional interest to the Committee on Resources and I 
     agree that by foregoing a sequential referral the Committee 
     on Resources is not waiving its jurisdiction.
       I would be pleased to support the representation of your 
     Committee in any conference on H.R. 3 on matters within the 
     jurisdiction of the Committee on Resources. And, as you have 
     requested, I will include this exchange of letters in the 
     Record. Thank you for your cooperation and your continued 
     leadership and support in surface transportation matters.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

  Mr. SIMMONS. Mr. Chairman, I rise today in support of the 
``Transportation Equity Act: A Legacy for Users,'' a vitally important 
bill that will provide much-needed federal resources to improve the 
highways and infrastructure in all fifty States.
  Highway and transit spending is a critical investment in national 
security and essential to our country's economic welfare and way of 
life. This is especially relevant at a time when our economy is losing 
more than $78 billion annually due to highway congestion. Mr. Speaker, 
Americans waste more than 3.6 billion hours in traffic delays, and 
thousands of Americans die each year due to substandard road 
conditions.
  Further, this highway bill will create millions of quality, high-
paying jobs across America and thousands in my home state of 
Connecticut. At a time when too many Americans are either unemployed or 
``underemployed,'' such construction and infrastructure work will 
contribute significantly to the quality of life for many working 
families.
  I look forward to a healthy debate on the details of this bill, but 
there is no question that the overall benefits of this bill will be 
felt by every American family. When they use our improved and safer 
highways to get to work, school, church, vacation, or just home, 
Americans will appreciate the investment we will make with passage 
today of this legislation.
  I know that my constituents in Connecticut's Second District will 
especially appreciate the investment made under this bill. The measure 
we will pass today includes $45 million for high priority projects for 
towns across the Second District. Whether it is the resources to 
finally get construction of Route 11 moving, to build Vernon's 
intermodal center, to make improvements to Enfield's South Maple Street 
bridge, or any of the other projects included, TEA-LU delivers for 
eastern Connecticut.
  Mr. Chairman, in 1956 the 84th Congress passed and President 
Eisenhower signed into law the Federal Aid Highway Act to promote and 
invest in the interstate highway system. This law created jobs, 
stimulated the economy, led to new revenues that reduced our Nation's 
debt, and brought life-changing improvements to the way Americans 
lived, worked, and played.
  Nearly 50 years later, we must follow the same vision and courage 
that President Eisenhower and the Congress displayed then and once 
again invest in America by passing legislation to improve our Nation's 
highways and infrastructure.
  Mr. KUHL of New York. Mr. Chairman, I rise today to encourage my 
senior colleagues in the upcoming conference on the highway bill to 
agree to a provision which will appear in the Senate highway bill to 
more cost effectively use funding under the Congestion Mitigation and 
Air Quality Improvement Program--the so-called CMAQ program.
  CMAQ is a program which has been used in the past to fund air quality 
improvements. It's a good program, but I think we can make it a lot 
better. Here's how.
  Congress asked the National Research Council of the National Academy 
of Sciences to examine the cost-effectiveness of the CMAQ program. The 
Council reported that CMAQ funding could be used more cost effectively 
in the future to reduce pollution caused by fine particulate matter. 
This pollution is the most serious threat to human health. It has also 
been found to be 10 to 20 times more

[[Page 4232]]

damaging to human health than other pollutants, like ozone, that have 
been historically the focus of CMAQ. And, EPA has found that excessive 
amounts of fine particulate matter are causing air quality problems for 
over 100 million people throughout the country.
  The Senate amendment recognizes this reality and rebalances CMAQ 
toward the use of technologies which will reduce fine particulate 
matter. This change will focus CMAQ on the right issue. And, as 
importantly, it will result in a far more cost-effective use of limited 
government resources. The National Research Council found in its study 
commissioned by Congress that CMAQ is currently being used to fund 
projects that cost as much as $252,000 per ton of pollution reduction. 
In the future, CMAQ can be spent on diesel retrofit technologies, made 
in my district, which can reduce pollution for a maximum of $5,300 per 
ton--nearly a 50 times improvement in cost effectiveness. In fact, 
diesel retrofits, in many circumstances, are the most cost-effective 
way to use CMAQ funding.
  In light of these facts, I strongly urge my senior colleagues who 
will be involved in the upcoming conference on the highway bill to 
adopt the Senate amendment to use CMAQ to fund the installation of 
diesel retrofit devices on heavy duty diesel vehicles used on 
construction sites. This amendment was included in last year's Senate 
bill and, from what I understand, will very likely be included in 
Chairman Inhofe's bill for consideration in his Committee next week. 
And, significantly, the Administration strongly endorsed the amendment 
during the debate over the highway bill last year.
  Reduction of fine particulate matter emitted by heavy duty diesel 
vehicles has been a centerpiece of the President's environmental 
policy. He spoke about this during the Presidential debate. And, in his 
FY06 budget, he proposed the appropriation of $25 million to deploy 
diesel retrofit technology on a range of heavy duty vehicles from 
school buses to dump trucks.
  Mr. Chairman, I am very proud to promote the use of diesel retrofit 
technology because it was invented in my district by Corning 
Incorporated. As many of my colleagues know, Corning was founded by the 
great, great grandfather of our distinguished former colleague, Amo 
Houghton. Under the Houghton family leadership, Corning has been a 
technology leader. In fact, it will receive the Technology Medal of 
Honor next week by President Bush for its invention of the core element 
of a catalytic converter. Diesel retrofit technology was built on this 
core invention.
  In closing, Mr. Chairman, I strongly urge the leadership to accept 
the Senate amendment in conference, because it will lead to the most 
cost-effective use of CMAQ, because it will advance the use of 
technology to clean up the biggest threat in the environment to human 
health, and because it is a centerpiece of the President's 
environmental policy.
  Mr. KIND. Mr. Chairman, I rise in support of H.R. 3, the 
Transportation Equity Act. I want to acknowledge the work of the 
Transportation Committee on this complex bill and especially thank my 
friend and colleague from Wisconsin, Mr. Petri, for his leadership on 
the legislation; the Wisconsin delegation is lucky to have such a 
strong advocate for our citizens.
  We all know that transportation bills are jobs bills, and now is 
certainly the time that we need more jobs throughout the country. I 
consistently hear from constituents who are searching for work; who 
have sent out dozens of resumes and updated their skills but remain 
unemployed. Each billion dollars spent on highway funding creates not 
only safer and better roads: it also creates an estimated 47,500 new 
jobs. An investment in highway funding is an investment for steady work 
for those in Wisconsin and around the nation.
  Furthermore, I am pleased that the bill recognizes the importance of 
funding crucial highways and bridges in Wisconsin's Third Congressional 
District. Specifically, the inclusion of funding for the Stillwater 
Bridge, which connects Houlton, Wisconsin, and Stillwater, Minnesota, 
is great news for those of us who have been working on this project for 
years. The bridge is only one example of an important project that will 
provide the nation with safer roads, shorter commutes, and better jobs.
  Finally, I would like to recognize the important conservation 
provisions that are retained in H.R. 3. These provisions include 
funding for refuge road maintenance, recreational trails and forest 
roads, as well as funding to facilitate fish passage. It also includes 
new money for signs to identify hunting and fishing areas accessible to 
the public. One of the most important provisions is authorization to 
facilitate a study to help reduce the growing number of highway 
accidents involving wildlife. I urge my colleagues to support the bill.
  Mr. FALEOMAVAEGA. Mr. Chairman, I rise today in support of H.R. 3, 
the Transportation Equity Act: A Legacy for Users (TEA-LU). I commend 
Chairman Don Young and Ranking Member Jim Oberstar of the Committee on 
Transportation for their leadership in drafting this legislation and I 
thank them for supporting my request to set aside $16 million for high 
priority projects in American Samoa.
  This funding is in addition to American Samoa's annual federal 
highway funds and will be used for village road improvements, drainage 
mitigation, shoreline protection and upgrades and repairs of the Ta'u 
ferry terminal facility.
  In consultation with the Honorable Togiola Tulafono, Governor of 
American Samoa, we have set aside $10 million for village road 
improvements in the Eastern, Western, Central and Manu'a districts of 
American Samoa.
  In consultation with Senator Tuaolo Fruean and High Paramount Chief 
Mauga and members of the Pago Pago council of chiefs, we have set aside 
$1 million for drainage mitigation for Pago Pago village roads.
  In consultation with Senator Tago Suilefaiga, Representative 
Fagasoaia Lealaitafea and Representative Mary Taufete'e and members of 
the Nuuli council of chiefs, we have set aside $1 million for shoreline 
protection and drainage mitigation for Nuuli village roads.
  In consultation with Senator Faiivae Galea'i, Senator Lualemaga Faoa 
and members of the Leone and Malaeloa councils of chiefs, we have set 
aside $1.4 million for drainage mitigation for Malaeloa-Leone village 
roads.
  In consultation with Senator Liufau Sonoma and Representative Paopao 
Fiaui, we have set aside $1 million for shoreline protection and 
drainage mitigation in Aua village.
  In consultation with Senator Faamausili Pola and members of the Ta'u 
village council of chiefs, we have set aside $1.6 million to upgrade 
and repair the Ta'u harbor facility.
  Like other insular areas, American Samoa will continue to receive its 
annual share of federal dollars provided by the Territorial Highway 
Program. The Territorial Highway Program includes American Samoa, Guam, 
the Virgin Islands and CNMI. Based on population, area, road mileage, 
or any combination of these factors, each Territory receives a portion 
of the funds allocated to the Territorial Highway Program.
  To assure that American Samoa is treated equitably, I have worked 
closely with Chairman Young and Ranking Member Oberstar to make sure 
that the administrative formula for apportionment is closely reviewed. 
It is my understanding that the Federal Highway Administration has not 
reviewed its administrative formula for ten years and I thank Chairman 
Young and Ranking Member Oberstar for their commitment to revisit this 
issue.
  Again, I commend the Chairman and Ranking Member for their leadership 
and for supporting my efforts to make sure that American Samoa's needs 
are addressed in this historic and important initiative. Without 
reservation, I urge my colleagues to vote yes on H.R. 3.
  Mr. BOUCHER. Mr. Chairman, I rise today to express my strong support 
for the most effective use of the Congestion Mitigation and Air Quality 
program. H.R. 3, contains provisions which enable the continuation of 
CMAQ; however, these provisions do not include language included in the 
bill by the Senate in the last Congress which would alter CMAQ to 
ensure that new technologies which improve air quality are eligible for 
the funding. For example, diesel retrofits and anti-idling technologies 
are being used to achieve positive environmental results around the 
nation. Diesel retrofits, which operate much like the catalytic 
converter on a car, remove between 80 and 90 percent of pollutants from 
the exhaust stream of a diesel engine.
  Because such technologies can remove pollution at a relatively low 
cost--approximately $5,000 per ton of pollution removed--they would be 
an appropriate addition to the CMAQ program. Last year the Senate added 
to its version of the transportation bill a provision which would begin 
to focus CMAQ on more cost-effective applications including deployment 
of diesel retrofits and anti-idling technologies, to reduce the 
emissions caused by construction equipment. That provision will likely 
be included by the Senate again this year, and the Administration has 
endorsed the provision.
  Use of new technologies such as diesel retrofits and anti-idling 
technologies could make significant improvements to the CMAQ program 
and reduce pollution in many areas, and I urge my colleagues to 
favorably consider adopting such provisions as this legislation moves 
forward.
  Mr. SHERMAN. Mr. Chairman, I rise to express my support for language 
in H.R. 3 which would permit states to exempt certain hybrid

[[Page 4233]]

vehicles from high occupancy vehicle regulations.
  The legislation provides that alternative fuel vehicles as well as 
vehicles that achieve a highway fuel economy rating of 45 miles per 
gallon or greater may be exempted from HOV requirements through 
September 29, 2009.
  I would like to insert into the record a memo prepared at my request 
by the Congressional Research Service which analyzes the HOV provisions 
of H.R. 3 with respect to the treatment of hybrid vehicles.
  It is important to note that based on my conversations with the 
authors of this legislation as well as this memo, the language of H.R. 
3 would permit states the flexibility regulate when and where hybrid 
vehicles would be exempt from HOV regulations within the state.
  Mr. Speaker, I believe it is important that the States have the 
flexibility to regulate the hybrid use of HOV lanes within their 
state--both in terms of where hybrids will be permitted in HOV lanes 
and when they may be permitted. The language in H.R. 3 seems to achieve 
this purpose.

                               Congressional Research Service,

                                    Washington, DC, March 9, 2005.
     Hon. Brad Sherman.
            Hybrid Vehicle Access to HOV Lanes Under H.R. 3
       As you requested, this memorandum provides an analysis of 
     the high occupancy vehicle (HOV) provisions in the 
     Transportation Equity Act: A Legacy for Users (H.R. 3), as 
     reported in the House. Specifically, you asked about the 
     treatment of hybrid vehicles in H.R. 3.
       Section 1208 of the bill adds a new Section 168 to Title 23 
     of the United States Code. Section 18(b)(4) would allow--but 
     not require--states to exempt ``low emission and energy 
     efficient vehicles'' from HOV requirements through September 
     29, 2009. The bill does not specifically address hybrid 
     vehicles: instead, the bill provides that alternative fuel 
     vehicles as well as vehicles that achieve a highway fuel 
     economy rating of 45 miles per gallon or greater may be 
     exempted. Eligible vehicles must also meet the new Tier 2 
     light vehicle emissions standards, and must be certified by 
     the Environmental Protection Agency. It should be noted that 
     a state must actively establish a program to exempt 
     vehicles--the exemption is not automatic.
       Further, you asked whether states would have the authority 
     to exempt vehicles from specific HOV lanes at specific times, 
     or whether the state would be required to exempt vehicles 
     from all HOV lanes. The section on vehicle exemptions states 
     that ``the State agency may allow vehicles certified as low 
     emission and energy-efficient vehicles . . . to use the HOV 
     facility . . .'' In this and several other subsections, the 
     bill refers to an ``HOV facility'' in the singular. The 
     Federal Highway Administration treats every separate section 
     of highway as a separate ``HOV facility.'' For example, in 
     Virginia the HOV lanes outside of the Capital Beltway in 
     Interstate 66, the lanes inside of the beltway on I-66, and 
     the lanes on I-95/I-395 are all treated as separate 
     facilities. The restrictions on time and minimum occupancy 
     differ for all three facilities. Because of these 
     distinctions, it appears that states could choose to exempt 
     vehicles from one facility (i.e. highway) and not another.
       What is less clear is whether states could designate 
     specific lanes (within a facility) and times. The bill 
     requires states to ``establishes procedures for enforcing the 
     restrictions on the use of the facility by such vehicles.'' 
     This would seem to grant the state latitude in determining 
     when and where low emission and energy efficient vehicles 
     could be exempted from the HOV restrictions. However, 
     allowing compliant vehicles exemptions at some times but not 
     others--or in some lanes but not others--would add a level of 
     complexity to the enforcement of HOV restrictions. It 
     therefore seems an open question whether states would choose 
     to exempt compliant vehicles from restrictions on all state 
     HOV facilities, or on specific facilities without specifying 
     which lanes could be used or at what time.
       It should be noted that H.R. 3, as introduced, would have 
     required states to charge tolls for all vehicles exempted 
     from the HOV restrictions. The version as reported allows 
     such tolls, but does not require them. It should also be 
     noted that states would be required to limit or discontinue 
     the exemptions, if they were found to decrease traffic flow 
     along the HOV lanes.
           Sincerely,

                                               Brad Yacobucci,

                            Specialist in Energy Policy Resources,
                                   Sciences and Industry Division.

  Mr. RAHALL. Mr. Chairman, I rise today to voice my support for the 
transportation bill currently before us. TEA-LU was crafted as the 
result of bipartisan compromise, which is the tradition of the 
Transportation Committee.
  I congratulate Chairman Don Young, Ranking Member Oberstar, Chairman 
Tom Petri and Ranking Member Peter DeFazio for bringing this bill to 
the floor. I also congratulate the staffs on both sides of the aisle 
for their hard work.
  While I know I speak for many of us who would have preferred an 
increased funding level--more in line with the needs of our country 
this bill serves as a good first step as we move to reauthorize TEA-21.
  Investment in transportation is one of the wisest decisions this 
Congress can make. For every $1 billion spend on infrastructure, 47,500 
new jobs are created. That is certainly welcome news in my home state 
of West Virginia.
  Transportation funding also spurs economic growth and development. 
Goods and services are delivered more quickly and efficiently, which 
benefits both the producer and the consumer.
  In West Virginia, we have tied transportation investment to 
technology and tourism. New and improved roads allow for the tourism 
industry to thrive and the seeds of enhanced technology to be planted. 
In sum, transportation investment is a win-win for southern West 
Virginia.
  As a member of the Committee, I know how hard our Chairmen and 
Ranking Members have worked to bring this bill to the floor. I urge my 
colleagues to support the underlying bill.
  Mr. Chairman, I yield back the balance of my time.


          Sequential Votes Postponed In Committee Of The Whole

  The Acting CHAIRMAN (Mr. LaHood). Pursuant to clause 6 of rule XVIII, 
proceedings will now resume on those amendments on which further 
proceedings were postponed in the following order: an amendment offered 
by the gentleman from Virginia (Mr. Tom Davis) and an amendment offered 
by the gentleman from Pennsylvania (Mr. Pitts).
  The Chair will reduce to 5 minutes the time for the second electronic 
vote.


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

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Virginia 
(Mr. Tom Davis) on which further proceedings were postponed and on 
which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 224, 
noes 201, not voting 9, as follows:

                             [Roll No. 62]

                               AYES--224

     Abercrombie
     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Case
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emerson
     English (PA)
     Feeney
     Ferguson
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herseth
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Moran (VA)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley

[[Page 4234]]


     Paul
     Pearce
     Pence
     Peterson (PA)
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Snyder
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (FL)

                               NOES--201

     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Ehlers
     Emanuel
     Engel
     Eshoo
     Etheridge
     Everett
     Farr
     Fattah
     Filner
     Fitzpatrick (PA)
     Ford
     Frank (MA)
     Gingrey
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (IL)
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Petri
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reichert
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Shimkus
     Skelton
     Slaughter
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn
     Young (AK)

                             NOT VOTING--9

     Baird
     DeLay
     Evans
     Herger
     Northup
     Ramstad
     Rogers (AL)
     Stupak
     Weldon (PA)

                              {time}  1403

  Messrs. GRIJALVA, ACKERMAN, and BUTTERFIELD, Ms. ESHOO and Mr. 
McINTYRE changed their vote from ``aye'' to ``no.''
  Messrs. SHAW, LEWIS of Kentucky, LEWIS of California, BROWN of South 
Carolina, OTTER, SHUSTER, KINGSTON, McKEON, ABERCROMBIE, SNYDER, and 
OSBORNE, Mrs. WILSON of New Mexico, and Mrs. JOHNSON of Connecticut, 
changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. WELDON of Pennsylvania. Mr. Chairman today, I was requested to 
testify before the U.S. China Commission. Therefore, on rollcall vote 
62 for H.R. 3, I was not recorded to vote. Had I been recorded, I would 
have voted ``aye'' for the amendment.


                  Amendment No. 8 Offered by Mr. Pitts

  The Acting CHAIRMAN (Mr. LaHood). The pending business is the demand 
for a recorded vote on the amendment offered by the gentleman from 
Pennsylvania (Mr. Pitts) on which further proceedings were postponed 
and on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 228, 
noes 197, not voting 9, as follows:

                             [Roll No. 63]

                               AYES--228

     Aderholt
     Akin
     Alexander
     Baca
     Baker
     Baldwin
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Bilirakis
     Bishop (GA)
     Bishop (UT)
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Boozman
     Boren
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Buyer
     Cantor
     Cardin
     Carnahan
     Carter
     Chabot
     Chocola
     Clay
     Cleaver
     Coble
     Cole (OK)
     Cooper
     Costa
     Cramer
     Crenshaw
     Cuellar
     Culberson
     Cunningham
     Davis (AL)
     Davis (FL)
     Davis, Jo Ann
     Davis, Tom
     Delahunt
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Drake
     Duncan
     Edwards
     Emerson
     Engel
     English (PA)
     Etheridge
     Everett
     Feeney
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harris
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hensarling
     Herger
     Hinojosa
     Holden
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Issa
     Istook
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Jones (NC)
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kline
     Kolbe
     LaHood
     Latham
     Leach
     Lewis (GA)
     Lewis (KY)
     Linder
     Lowey
     Lucas
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     McCaul (TX)
     McCotter
     McGovern
     McHenry
     McIntyre
     McKeon
     McKinney
     McMorris
     Meehan
     Meek (FL)
     Melancon
     Mica
     Miller (FL)
     Miller (NC)
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neal (MA)
     Neugebauer
     Nunes
     Nussle
     Olver
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pence
     Peterson (PA)
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Regula
     Rehberg
     Renzi
     Reyes
     Reynolds
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sessions
     Shadegg
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Skelton
     Smith (TX)
     Souder
     Sullivan
     Sweeney
     Tancredo
     Tauscher
     Taylor (MS)
     Terry
     Thornberry
     Tiahrt
     Tierney
     Turner
     Udall (CO)
     Udall (NM)
     Wamp
     Watson
     Watt
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield
     Wilson (NM)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (FL)

                               NOES--197

     Abercrombie
     Ackerman
     Allen
     Andrews
     Bachus
     Barrett (SC)
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bishop (NY)
     Blackburn
     Blumenauer
     Bono
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (SC)
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Cannon
     Capito
     Capps
     Capuano
     Cardoza
     Carson
     Case
     Castle
     Chandler
     Clyburn
     Conaway
     Conyers
     Costello
     Cox
     Crowley
     Cubin
     Cummings
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doolittle
     Doyle
     Dreier
     Ehlers
     Emanuel
     Eshoo
     Farr
     Fattah
     Ferguson
     Filner
     Fitzpatrick (PA)
     Ford
     Gallegly
     Gilchrest
     Gordon
     Grijalva
     Gutierrez
     Harman
     Hastings (WA)
     Hefley
     Herseth
     Higgins
     Hinchey
     Hobson
     Hoekstra
     Holt
     Honda
     Inglis (SC)
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kirk
     Knollenberg
     Kucinich
     Kuhl (NY)
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (CA)
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lungren, Daniel E.
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McCrery
     McDermott
     McHugh
     McNulty
     Meeks (NY)
     Menendez
     Michaud
     Millender-McDonald
     Miller (MI)
     Miller, Gary
     Miller, George
     Mollohan
     Moran (VA)
     Murtha
     Nadler
     Napolitano

[[Page 4235]]


     Ney
     Norwood
     Oberstar
     Obey
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Peterson (MN)
     Petri
     Pickering
     Pomeroy
     Pryce (OH)
     Rahall
     Rangel
     Reichert
     Rogers (KY)
     Ross
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Sensenbrenner
     Serrano
     Shaw
     Sherman
     Simpson
     Smith (NJ)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Spratt
     Stark
     Stearns
     Strickland
     Tanner
     Taylor (NC)
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiberi
     Towns
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wasserman Schultz
     Waters
     Waxman
     Weiner
     Wexler
     Wicker
     Wilson (SC)
     Young (AK)

                             NOT VOTING--9

     Baird
     DeLay
     Evans
     Northup
     Ramstad
     Rogers (AL)
     Slaughter
     Stupak
     Weldon (PA)

                              {time}  1411

  Mr. BISHOP of Georgia changed his vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  Stated for:
  Mr. WELDON of Pennsylvania. Mr. Chairman, today, I was requested to 
testify before the U.S. China Commission. Therefore, on rollcall vote 
63 for H.R. 3, I was not recorded to vote. Had I been recorded, I would 
have voted ``aye'' for the amendment.
  The Acting CHAIRMAN. There being no further amendments, under the 
rule the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Simpson) having assumed the chair, Mr. LaHood, the 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, pursuant to House 
Resolution 144, he reported the bill, as amended pursuant to House 
Resolution 140, back to the House with further sundry amendments 
adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered by Mr. Higgins

  Mr. HIGGINS. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. HIGGINS. Mr. Speaker, I am opposed to the bill in its current 
form.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Higgins moves to recommit the bill H.R. 3 to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Ways and Means with instructions to report the 
     same back to the House promptly with the following 
     amendments:
       (1) To increase funding for the highway, highway safety, 
     transit, motor carrier safety, and highway research programs 
     to a total of not less than $318,000,000,000 of budget 
     authority and $301,000,000,000 of guaranteed funding.
       (2) To distribute this increased funding to the States 
     through the core highway and transit formula programs for 
     State and local highway and transit infrastructure 
     investments.
       (3) To offset this increased infrastructure investment by 
     raising $34,000,000,000 over the next five years by 
     eliminating the current tax incentives for companies to move 
     jobs and operations offshore.

  The SPEAKER pro tempore. The gentleman from New York (Mr. Higgins) is 
recognized for 5 minutes.
  Mr. HIGGINS. Mr. Speaker, our Chamber is in its final moments of 
consideration of this landmark bill which proposes $284 billion worth 
of Federal investments in transportation infrastructure across this 
Nation.
  This measure represents so much to each of our districts. It is the 
embodiment of roads and transit systems that will be either newly built 
or rehabilitated to aid safe and efficient travel. It will spark an 
abundance of economic development and create millions of jobs 
specifically to carry out this transportation work.
  I have been grateful for the opportunity during my first few weeks as 
a Member of this body to work alongside Chairman Young and Ranking 
Member Oberstar on this legislation which will do so much for western 
New York. But I believe that before we submit to final passage of the 
bill, we must first acknowledge the fact that we should and can do 
more.
  The President has signaled that he will support a transportation bill 
that spends no more than $284 billion in guaranteed funding over 6 
years. This number is simply arbitrary and could easily be increased, a 
fact that was demonstrated by the other body's version of 
transportation reauthorization last year.

                              {time}  1415

  My motion demonstrates one way in which we can match their level of 
guaranteed funding, $318 billion, for even more transportation, 
economic and safety initiatives within this measure.
  Specifically, this motion proposes to close a number of offshore 
loopholes that are enabling American companies to move jobs abroad, 
avoiding paying U.S. taxes in the process. In closing these loopholes, 
we are raising an additional $34 billion, not from an increase in the 
gasoline tax, but instead by abolishing unfair tax shelters that are 
strangling job creation and growth in our country.
  Seventy-two members of the other body voted to federally fund our 
transportation expenditures at $318 billion last year. If we can find a 
way to match that funding without raising the gasoline tax, without 
falling deeper into deficit, then I for one believe it is our 
responsibility to pursue that option.
  This motion to recommit would mean $34 billion more in Federal 
infrastructure investments, as well as the final eradication of a 
number of unfair tax shelters that are weakening economic development 
efforts throughout our Nation. The motion would bring 100,000 
additional jobs to my own State of New York, and countless more to the 
rest of the country. I hope that I may count on my colleagues to 
support this important measure.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I claim the time in opposition to 
the motion to recommit.
  The SPEAKER pro tempore (Mr. Simpson). The gentleman from Alaska is 
recognized for 5 minutes.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in opposition to the motion to recommit. I want 
to remind my fellow colleagues that this is a very well-crafted, 
bipartisan effort and this would disrupt what I would say is a great 
chariot that is going to go off on to the horizon and become law.
  Mr. Speaker, I oppose the motion.
  Mr. Speaker, I yield to the gentleman from California (Mr. Thomas).
  Mr. THOMAS. Mr. Speaker, I thank my chairman for yielding me this 
brief period of time.
  Mr. Speaker, I would say to the gentleman from New York (Mr. 
Higgins), welcome to the House.
  Under the motion to recommit, if in fact ``promptly'' is included in 
the first paragraph, it means that this is not a motion to recommit.
  I was just waiting for the gentleman, because he is probably the one 
that told the gentleman to do this.
  On ``promptly,'' it kills the bill. So all of the statements the 
gentleman made about the jobs that were going to come to western New 
York and the dollar amounts that the gentleman is putting in the bill 
have no standing whatsoever, because by including ``promptly'' in the 
motion to recommit, the gentleman is in fact killing the bill.
  In addition, the gentleman said that he wanted to try to match the 
Senate's amount of $318 billion last year. The reason we did not have a 
highway bill

[[Page 4236]]

last year was because the Senate was at $318 billion. In the 
conference, we urged the Senate to agree at $283.9 billion. The 
conference failed. This year the Senate is at $283.9 billion; the House 
is at $283.9 billion. We actually have a chance to get a highway bill.
  But probably the most interesting and ironic part of the gentleman's 
motion to recommit, notwithstanding the fact it has no application, is 
the fact that the Highway Trust Fund is actually a user's fee; that 
people who use the highways raise the money to help build the highways. 
And the gentleman is looking to raise the additional money for the 
user-fee Highway Trust Fund from those companies who have left the 
country. So they are not using the highways, but the gentleman wants to 
have them pay.
  So if the gentleman wants to work a motion to recommit that actually 
can work and that you can actually raise money and you can actually get 
it from people who use the Highway Trust Fund, I look forward to 
working with the gentleman. But if this is the effort conceived and 
delivered on the other side, I would urge my colleagues to vote this 
down, because if you really want a highway bill this year, the vote on 
the motion to recommit is ``no.'' If you really do want to kill it once 
again and give the gentleman from Alaska (Chairman Young) an 
opportunity to work yet again in another Congress, you will vote yes on 
this ill-conceived motion to recommit.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. HIGGINS. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 190, 
noes 235, not voting 10, as follows:

                             [Roll No. 64]

                               AYES--190

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Millender-McDonald
     Miller (NC)
     Miller, George
     Mollohan
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Skelton
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--235

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boustany
     Bradley (NH)
     Brady (TX)
     Brown (SC)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Case
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cooper
     Cox
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (AL)
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Matheson
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Portman
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Snyder
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Baird
     DeLay
     Evans
     Northup
     Ramstad
     Rogers (AL)
     Sabo
     Slaughter
     Stupak
     Weldon (FL)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (Mr. Simpson) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  1441

  Mr. BOREN changed his vote from ``aye'' to ``no.''
  Messrs. HASTINGS of Florida, TANNER, WYNN, and MURTHA, and Ms. BEAN 
changed their vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. YOUNG of Alaska. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 417, 
nays 9, not voting 9, as follows:

                             [Roll No. 65]

                               YEAS--417

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis

[[Page 4237]]


     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Millender-McDonald
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Portman
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Sessions
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)

                                NAYS--9

     Boehner
     Castle
     Flake
     Otter
     Paul
     Sensenbrenner
     Shadegg
     Thornberry
     Young (FL)

                             NOT VOTING--9

     Baird
     DeLay
     Evans
     Jones (NC)
     Northup
     Ramstad
     Rogers (AL)
     Slaughter
     Stupak

                              {time}  1451

  So the bill was passed.
  The result of the vote was above recorded.
  The motion to reconsider was laid on the table.

                          ____________________