[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Senate]
[Pages 6318-6349]
[From the U.S. Government Publishing Office, www.gpo.gov]




               HIGHWAY TECHNICAL CORRECTIONS ACT OF 2007

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of H.R. 1195, which the clerk will 
report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 1195) to amend the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users, to make technical corrections, and for other purposes.

  Pending:

       Boxer amendment No. 4146, in the nature of a substitute.
       Coburn amendment No. 4538 (to amendment No. 4146), to 
     create a bipartisan, bicameral special committee to 
     investigate the improper insertion of an earmark for Coconut 
     Road into the conference report of the 2005 highway bill 
     after both Chambers of Congress had approved identical 
     versions of the conference report.
       Boxer amendment No. 4539 (to the text of the committee 
     substitute to be inserted), to call for a review by the 
     Department of Justice of allegations of violations of Federal 
     criminal law.
       Coburn amendment No. 4540 (to amendment No. 4539), relative 
     to the Coconut Road Investigation.

  The ACTING PRESIDENT pro tempore. The Senator from Idaho is 
recognized.
  Mr. CRAIG. Madam President, I ask unanimous consent that I be allowed 
to speak for up to 10 minutes in morning business.
  Mrs. BOXER. Madam President, reserving the right to object, I wanted 
to have a minute before to explain the lay of the land.
  Mr. CRAIG. I yield to the chairman and leader of the bill.
  Mrs. BOXER. Madam President, for the interest of all Members, we have 
been working now since Monday to pass a technical corrections bill, 
which, it seems to me, should have been passed very quickly. It 
basically makes some corrections to the last big highway and transit 
bill so certain projects that have been held up for technical reasons 
can go forward, and others that weren't ready, pushed aside, and 
another can go forward. This will unleash about a billion dollars' 
worth of important programs for our Nation.
  These projects have been vetted, and they have been posted on the Web 
page of the committee, as we must do according to our new ethics rules. 
We are very pleased it looks like we might be able to wrap this up in 
the next few hours.
  As far as I am concerned, we are ready to vote. We have the Coburn 
amendment and the Boxer amendment, which deal with a real problem that 
occurred at some point during the SAFETEA-LU consideration years ago. 
We have corrected the problem in the bill. We want to now have some 
type of investigation to find out exactly what went wrong and if there 
were any crimes committed. There were two options. Senator Coburn is 
setting up a complicated select committee of the House and Senate. We 
believe strongly that it creates constitutional problems, and we think 
it might interfere with a Justice Department investigation.
  And then Senator Reid had recommended, I think a far better way to 
get at the problem, which is a Justice Department investigation. I have 
written an amendment to go along with that. We are hoping to vote on 
that and then, hopefully, get to a cloture vote and final passage.
  So that is the lay of the land, as best I see it. I wish I had more 
control over this at the moment. If I did, we would be voting in 5 
minutes on the whole package. Until then, I will see you as soon as we 
have an agreement and, hopefully, we will get this matter done today.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Idaho is 
recognized.


                       Extension of the Farm Bill

  Mr. CRAIG. Madam President, I am on the floor to speak about 
something the majority leader proposed and that we have accepted by 
unanimous consent; that is, a 1-week extension of existing farm policy, 
the existing farm bill.
  I come to the floor to speak because last night I put a hold on that 
UC request. I, similar to many Senators--and especially American 
agriculture--am growing very frustrated and restless about the reality 
that we don't have a farm bill. As we know, across America and in 
central parts of our country--certainly in the South--spring is here 
and it is planting season. The farm bill that is current law, which we 
extended a few moments ago, actually expired on September 30 of 2007.
  It was in July 2007 that the House passed their version, and on 
December 14 we passed ours. Now, we have offered several extensions so 
the principals--the House and Senate Ag committees--could work on their 
differences with the administration and solve these problems. Yet they 
have not been able to do it.
  Is this symbolic of a dysfunctional Congress that we have been 
experiencing for the last several years, where we simply cannot grapple 
with the big and responsible basic public policy issues of our country? 
It appears to be that way. I will blame both sides on this issue. It is 
both sides that are at fault that they cannot come together and, if you 
will, split the difference and solve a problem that is the basic public 
policy for American agriculture. Nancy Pelosi, the Speaker of the 
House, opposes the tax provision within the bill. Why? She isn't a 
member of the Finance Committee or a member of the Agriculture 
Committee. Yes, she is the majority leader and, therefore, if she 
opposes it, she could certainly block it, and she can kill farm policy.
  I have worked with Senator Harkin and Senator Saxby Chambliss for the 
last month, and I know they have worked overtime. This is not a 
criticism of our colleagues; it is a criticism of a dysfunctional 
system that no longer can cut a deal and make basic and important 
public policy. So here we are, with one more extension. Saxby Chambliss 
called me this morning and said: Larry, would you give us another week? 
I said I would give them 1 more week, but, frankly, this is it; I will 
not accept another extension next week on the farm bill, unless the 
deal has been cut, unless the agreement has been made and it is simply 
the procedure of putting it in writing and getting it to print and to 
the President.
  The President, when he signed the extension last time, said: ``Enough 
is enough.'' Even this week, he softly talked about vetoing an 
extension. So I guess the point I am trying to make is, what is at 
stake? Why are we bickering over the fine points, when the fundamental 
policy points are in place?
  Let's look at what we have done, because we ought to be proud of the 
work of the new farm bill: Significant increases in conservation 
funding for our working farmlands, including conservation, stewardship, 
and environmental quality incentive programs. These are programs that 
encourage farmers and ranchers to incorporate better tillage practices, 
thereby sequestering more carbon and doing their part as it relates to 
reducing greenhouse gas emissions. We have added, for our dairies, 
better manure management practices to reduce methane gas emissions. 
Here we are talking about climate change. The President spoke to 
climate change yesterday. Yet we cannot come to an agreement on 
something that would allow American agriculture to advance their 
practices to make it work, in their instance, and allow a contribution 
to the climate change carbon emissions issue.
  There is a provision within the new farm bill that I and Senator 
Stabenow have worked on--literally for 5 years--to get a new provision 
in the farm bill to recognize the near 50 percent of gross revenue 
coming out of agriculture today, known as specialty crops. For the 
first time, we have a new title on specialty crops. If I say at the end 
of the week--and their work is not done--I am not going to extend it 
any more, I am going to have to forgo this. I am going to forgo it and 
say to

[[Page 6319]]

the farmers in Idaho and across America: Let's do a 2-year extension on 
existing policy, or at least 1-year extension so you know where you are 
when you get to planting season, instead of watching Congress fall all 
over itself because they cannot cut a deal.
  Isn't it about time we settle our differences and show America we can 
function, that we can work the process? Have we truly become so 
dysfunctional and partisan on these fundamentally bipartisan issues 
that they simply cannot be resolved? On our side, there is a bipartisan 
effort. I cannot speak to the House side. I have not been in the 
negotiations. I can only see the results. The results simply don't 
exist. That is why this Senator is on the floor today speaking with 
considerable frustration over why we have a Congress that, months after 
the expiration of the law, simply cannot get its work done. Commodity 
programs maintain a safety net. Yes, commodity prices are high today 
and farmers are profiting. What goes up clearly can, and does, come 
down in the commodity markets. A property safety net for wheat and 
barley was in there. It is extremely important we do that.
  There are nutritional program increases, making the school snack 
program nationwide to deal with better health, and fresh fruit 
availabilities for our schoolchildren. That is different and better. 
The disaster assistance program will help aid our farmers and ranchers 
in a more efficient fashion in periods of serious drought and fire and 
other whole farm types of disasters.
  There is an issue in agriculture and beef production that has been an 
issue of considerable contention over time. It is called country-of-
origin labeling. The American consumer today, when they go to the shelf 
and pick up a commodity and look at it, wants to know where it comes 
from. Is it a domestic U.S. product or was it produced somewhere else 
in the world?
  We know we have concern today about certain types of products coming 
out of China and other areas, and the consumer's right to know the 
marketing certainly is important in country-of-origin labeling. We 
finally acquiesced to implement country-of-origin labeling by September 
of this year. I don't know if we can do it if we keep shoving the farm 
bill out, keep extending it and not allowing the operative language to 
come in place.
  There are critical tax provisions within this bill. My colleague, 
Senator Mike Crapo, has an Endangered Species Act compliance in 
reduction and credits. There are wind energy credits and production tax 
credits for cellulosic ethanol. Once again, as a nation that has grown 
increasingly dependent on foreign energy sources, we are saying to 
American agriculture in this farm bill: Here are some incentives for 
increased production.
  I was recently in Ottawa, Canada, looking at a cellulosic ethanol 
production plant, hoping it will be brought south of the border into 
the United States so we can begin to use agricultural residues for the 
purpose of making ethanol, lessening the pressure on some of our grain 
crops, especially our corn crops.
  There are provisions in the bill to incentivize biodiesel. Yet those 
incentives are the kind Speaker Pelosi says are nonstarters, they are 
deal breakers. How can making our country energy independent, how can 
incentivizing the promotion of the Endangered Species Act within 
private lands and giving folks the benefit of doing that be a deal 
breaker? It simply demonstrates how this Congress cannot function 
today. We are basically on hold right now. We are not getting our work 
done in a variety of areas, and agriculture and the farm bill is simply 
a very tragic example of that type of effort, or lack thereof.
  As I have said, September 30 of last year the policy expired. Current 
law was extended until March 15 and then again until tomorrow, and that 
is why the leader was on the floor today advancing it for 1 more week 
so that agriculture is not without policy in place.
  This is the 17th. The work has not been done. This Monday, Chairman 
Harkin said he was fed up. If he is fed up and he is a prime 
negotiator, what do we get? How do we deliver an ultimatum? I am not 
sure. But I am sure we will not, nor should we, allow American 
agriculture to be without policy.
  All of the gains I have talked about, all of the gains that were 
negotiated inside the Senate Agriculture Committee and inside the House 
Agriculture Committee could simply be wiped away because there is no 
willingness or ability to come together and work together in behalf of 
American agriculture.
  So I agreed on a 1-week extension. This is not an ultimatum, this is 
simply a statement of fact. I cannot agree any longer. American 
agriculture and Idaho's farmers need to know. They deserve to know. 
They should not be kept in limbo bouncing on the end of a string 
because the politicians in Washington cannot get their act together and 
simply cannot agree. We have always come to an agreement on 
agriculture. It has always been a bipartisan policy. I hope that 
practice of the past is a practice that ultimately can dominate the 
negotiations over this coming week.
  I hope my colleagues will keep their lights on during the weekend. It 
is time we work a little overtime to get this done because I am one of 
several Senators who are simply at a point of saying: Can't go there 
anymore; time to finish it; time to tell American agriculture: Here is 
the new policy. And if we cannot, then let's extend the old policy and 
give them certainty for a minimum of at least 1 year.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WICKER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Salazar). Without objection, it is so 
ordered.
  Mr. WICKER. I request permission to speak as in morning business for 
no more than 7 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                       Tanker Replacement Program

  Mr. WICKER. Mr. President, on February 29, 2008, the U.S. Air Force 
announced its award of the KC-45A air refueling tanker program, a 
replacement to the aging KC-135 fleet. The two competitors in this 
process were Northrop Grumman-EADS on the one hand and the Boeing 
Company on the other. After a 13-month-long process, the Northrop 
Grumman proposal was selected as the better product for the American 
soldier and also the better value for the American taxpayer. It should 
come as no surprise that this decision amounted to a major 
disappointment for Boeing. Their employees and executives would 
understandably have appreciated the economic benefit such an award 
would have brought to them.
  The award of the tanker program to Northrop Grumman was not the first 
setback to the Boeing Company in this regard.
  In 2004, Congress intervened, in the fiscal year 2005 Defense bill, 
to terminate the Air Force tanker lease agreement. This agreement would 
have been costly and simply bad public policy. Afterward, the Air Force 
responded with one of the clearest and most transparent acquisition 
processes in history. The Air Force is now able to purchase and own 179 
KC-45s for the same price it was going to spend to lease 100 Boeing 
767s.
  Compared to the reactions in States where Boeing has a presence, the 
selection of Northrop Grumman was greeted with enthusiasm in Mobile, 
AL, and along the gulf coast of my State of Mississippi, where 
thousands of jobs will be created locally. The tankers will be built in 
Mobile, but the economic impact will be felt throughout the gulf coast 
and, in reality, throughout the Nation. Such is the nature of the 
competitive process. One contestant is selected, and the other must 
deal with disappointing news.
  It is important for Senators to understand that the Air Force and the 
Defense Department utilized an extremely fair and open acquisition 
process. The Government requested and received proposals for the tanker 
in early

[[Page 6320]]

2007 and then continued with an open review process until Northrop 
Grumman was announced as the winner in February of this year.
  In winning this contract, Northrop Grumman simply did a better 
analysis and provided a better solution for the Air Force. The KC-45A 
carries more fuel, more passengers, and more cargo. It will also cost 
less to produce, passing along savings to the American taxpayers. By 
utilizing a broad base of suppliers in 49 of our 50 States, the 
Northrop Grumman tanker will create 48,000 direct and indirect jobs 
across our country.
  Despite this, some want to stop this process from going forward. I 
have been disturbed by the words and actions of Boeing and its 
supporters. The level of misinformation injected into this process with 
the clear intent of derailing the award is troubling for many reasons--
not the least of which is the precedent that would be set by Congress 
should it overturn this decision. The Air Force should be allowed to 
make this acquisition decision based solely on the facts and the merits 
of the two competing proposals, and that is exactly what it did in 
choosing the Northrop Grumman tanker.
  Let's look at some of the claims made by Boeing and its supporters--
first, that the competition was somehow unfair. The Air Force and the 
Defense Department testified recently to the Senate Armed Services 
Committee that the KC-45A tanker competition was perhaps the most 
rigorous, fair, and transparent acquisition in DOD history. This open 
process allowed for a significant amount of dialog among the Air Force, 
the Department of Defense, and the two bidders. This included weekly 
teleconferences with the Air Force, which, during the review process, 
sent Northrop Grumman 295 evaluation notices. They sent approximately 
250 notices to Boeing.
  Furthermore, following the formal request for proposals in January 
2007, the Air Force received no complaints from Boeing or anyone else 
that the proposal request was somehow unfair. There were ample 
opportunities for those concerns to be aired, but no one said a word in 
this regard. Considering this, it is very hard to make a straight-faced 
claim that the process was not open or fair.
  There has also been a high level of misinformation about the so-
called exportation of American jobs. Some erroneously claim the 
Northrop Grumman award will outsource thousands of U.S. jobs to Europe. 
This is simply not true. No jobs are being exported to Europe. On the 
contrary, the KC-45A will create thousands of new jobs in America and 
will support a total of 48,000 direct and indirect jobs in 49 States, 
as I have said.
  More than 230 suppliers across the United States helped make up the 
60 percent U.S. content in the KC-45A tanker. This will truly be 
America's tanker, assembled in America by American workers and for the 
protection of the American military. The KC-45A will be fully assembled 
and militarized for U.S. Air Force operations by American workers in 
two separate facilities in Mobile.
  No sensitive military technology will be exported to Europe in 
connection with this program. Instead, a new aerospace corridor will 
continue to grow and flourish along the gulf coast region.
  The KC-45A tanker will join the Global Hawk, Fire Scout, joint cargo 
aircraft, and the light utility helicopter production facilities that 
are already successfully producing high-reliability defense systems for 
our Nation. The light utility helicopter, for example, is being built 
by EADS North America in Columbus, MS. It is a true success for the 
Army and for our economy. The Lakota, as the helicopter is known, was 
delivered to the Army 3 months ahead of schedule. To date, 24 Lakota 
helicopters have been delivered on or ahead of schedule. The Lakota has 
over 2,000 flight hours, with over a 90-percent full mission capable 
rate. In addition, EADS North America completed a 314,000-square-foot 
expansion to its Mississippi facility to manufacture this helicopter. 
Perhaps most importantly, the program is on budget and on schedule to 
deliver a critical platform to the American warfighter--just another 
example of EADS North America producing a product for our country's 
defense, using American workers.
  There should be no doubt that the workforce in the gulf coast region 
is up to the task of building these complex systems. The results to 
date on the systems I just mentioned speak for themselves.
  Our workforce is second to none in the Nation. So this debate, as 
much as some would make you believe otherwise, is not about American 
jobs versus European jobs. It is about where in the United States those 
jobs will be.
  A recent full-page ad in newspapers across the country represented 
the worst of the misinformation. The ad claimed the Air Force selection 
``penalized the warfighter and the taxpayer.''
  The facts tell another story. The KC-45A was evaluated to be a 
superior product for the warfighter. It was also judged by the Air 
Force to be a better value for the taxpayer, providing superior 
military capability across the board at a lower total cost than the 
competing KC-767 aircraft.
  The U.S. Air Force is not alone in choosing the KC-45A. Our friend 
and ally, the United Kingdom, recently announced the selection of this 
same aircraft frame as the best solution to meet their national 
security requirements. The U.K. selection is the fifth tanker 
competition in a row where the EADS platform was chosen as the winner 
over all other competitors. Australia, Saudi Arabia, and the United 
Arab Emirates have also recently placed orders for this tanker.
  Some are calling for tighter restrictions on the level of 
international content in U.S. defense systems. That, to my mind, would 
be a mistake and would amount to changing the rules in the middle of 
the game. The U.S. economy is tightly integrated into the global 
economy, and the aerospace sector is no exception.
  There are numerous examples of transatlantic cooperation on vital 
U.S. military programs where foreign suppliers do play essential roles. 
Some of the more visible programs include the F-35 Joint Strike Fighter 
produced by Lockheed Martin, Northrop Grumman, and British Aerospace; 
the VH-71 Presidential helicopter produced by Lockheed Martin and 
Augusta Westland, a European consortium; and the Joint Cargo Aircraft 
produced by L-3, Boeing, and Alenia, built in Florida from an Italian 
airframe.
  I don't recall anyone in this Chamber or from Boeing expressing 
concern about the level of European participation in the Joint Cargo 
Aircraft, which has only about 60 percent U.S. content, nor did anyone 
complain about possible interruption of supplies of spare parts, which 
some have suggested would be a likely outcome of buying the KC-45A.
  To repeat, Boeing's Joint Cargo Aircraft is 60 percent U.S. content 
and 40 percent international. When this contract was awarded, no one 
raised a single complaint about that. Now, when Boeing loses a 
competition to a partnership with a similar domestic-foreign ratio, 
they make it sound as if the world is coming to an end.
  It seems to me the level of noise depends on whose ox is being gored. 
I must stress this point. Any further delay of this contract would put 
at risk the brave Americans flying the current Air Force fleet of KC-
135 tankers. These aircraft, on average, are more than 45 years old. 
Replacement has been the Air Force's top modernization priority for 
several years.
  If the GAO upholds the Air Force selection and denies Boeing's 
protest, that should be the end of it. At that point, no Member of this 
body should stand in the way of the program moving ahead. Any further 
efforts to delay the program would not only be harmful to our national 
security but would be viewed by many of our foreign partners and allies 
as a major shift in U.S. policy.
  From an economic point of view, potential retaliation by our European 
allies could have a negative impact on the current $6 billion in annual 
purchases of defense systems from the United States.
  In closing, I would like to acknowledge that Boeing has every right 
to

[[Page 6321]]

protest this decision to the Government Accountability Office. Beyond 
that, however, if this decision is not overturned by GAO, any attempt 
to alter this decision through the appropriations process or any other 
legislative maneuver would be dangerously shortsighted, in my opinion.
  It would set a damaging precedent that would destroy our contract 
process now and in the future. Frankly, I would view such a move as an 
attack on the competition process itself, not only this award.
  The workers along the gulf coast in Alabama and Mississippi and this 
entire corridor are ready to proceed with this work for our national 
defense. We would all do well to step back and let the facts in this 
situation speak for themselves. That is what the Air Force did when 
choosing the Northrop Grumman tanker as the best option for our 
warfighters' terms and the American taxpayer and their decision should 
be allowed to stand.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. BOXER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Mr. President, I ask unanimous consent that no further 
amendments be in order to H.R. 1195, and that at 3:30 p.m. today, the 
Senate proceed to vote in relation to Boxer amendment No. 4539, and 
that the amendment be modified to be to amendment No. 4146; to be 
followed by a vote in relation to Coburn amendment No. 4538, and that 
Coburn amendment No. 4540 be withdrawn once this agreement is entered; 
that each of those two amendments be subject to a 60 affirmative vote 
threshold, and that if neither achieves that threshold, then it be 
withdrawn; that if either or both achieve the 60-vote threshold, that 
it be agreed to and the motion to reconsider be laid upon the table; 
that prior to each vote there be 2 minutes of debate equally divided 
and controlled in the usual form, and upon disposition of these listed 
amendments, the Senate proceed to vote on the motion to invoke cloture 
on the Boxer substitute, amendment No. 4146; that if cloture is invoked 
on amendment No. 4146, then the substitute, as amended, if amended, be 
agreed to, the committee-reported substitute, as amended, be agreed to, 
and the bill then read a third time; and without further intervening 
action or debate the Senate proceed to vote on passage of H.R. 1195, as 
amended; that the cloture motion on the bill be withdrawn; provided 
further that after the first vote, all subsequent votes in the sequence 
be limited to 10 minutes each.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Arizona.


                             Gas Tax Relief

  Mr. KYL. Mr. President, about almost 24 hours ago I had asked the 
chairman of the committee about offering an amendment to this 
legislation. It is clear that as a result of the agreement that has 
been worked out and the filing of cloture and so on that it is not 
going to be possible to get a vote on the amendment I was speaking 
about.
  But I would like to talk briefly about that amendment and indicate 
that it would be offered on behalf of Senator McCain, my colleague from 
Arizona, as well as other Senators, some of whom may want to also speak 
to it briefly.
  We all know gasoline prices have risen dramatically. And the 
amendment Senator McCain and I and others would offer would provide a 
temporary tax holiday from Memorial Day to Labor Day, preventing the 
Federal Government from collecting the 18.4-percent tax, the gasoline 
tax, that otherwise motorists would pay.
  I assure my colleagues that the highway trust fund, which that tax 
goes into, would be kept whole with Federal revenues from the General 
Treasury. So the money we use to build highways and bridges and so on 
would not be affected by this amendment.
  Briefly, I think we all feel the pinch when we fill up our cars and 
trucks. But listen to these statistics. According to economy.com, 
gasoline prices at the pump have increased from $2.22 to $3.33 a 
gallon, up 50 percent since the start of 2006.
  I checked in my home State of Arizona yesterday. It was $3.38. There 
is very little that Congress can do in the near term to reduce gas 
prices other than this gas tax holiday. In the long term, we know we 
have to add more production and refining capacity in our country and 
that we have to encourage supplies to increase. But for right now, the 
one thing that Congress can do, and do virtually immediately, is to 
provide this short-term relief from the Federal gas tax.
  At $3.33 a gallon, prices are the highest on record. Nearly 50 cents 
of the cost of each gallon of gas is due to taxes. According to the 
Bureau of Labor Statics 2005 Consumer Expenditure Survey, families with 
two cars spent, on average, $2,013 on gasoline. Since that study was 
released prices have increased dramatically. Gasoline price increases 
imply families are now paying at least $3,065 on gasoline in a year.
  A big chunk of that is Federal, State, and local taxes. In fact, the 
average family pays nearly $170 in Federal gas taxes. With the growing 
financial strains placed on so many Americans' rising food prices and 
falling home prices, the additional hit of rising fuel prices is 
becoming a breaking point.
  That is why my colleague, Senator John McCain, talked about the need 
to do something, and do something quickly, and proposed this gas tax 
holiday in comments he made to the Nation a couple of days ago, and why 
he has asked this amendment be introduced on his behalf, as well as 
Senators Warner, Burr, Martinez, Lieberman, and Graham.
  In an effort to ease some of the hardship caused by the higher fuel 
prices that I have indicated, the amendment would merely suspend the 
18.4-percent-per-gallon tax on gas and the 24.4-percent tax on diesel 
fuel from Memorial Day to Labor Day.
  As I said, the amendment would not deplete the highway trust fund 
balance. The amendment would offset any revenue loss from the 
suspension of this tax with Treasury revenues. So the highway trust 
found will remain whole.
  We all agree that our roads and highways must be maintained to ensure 
the safety of the road-traveling public, and this amendment would in no 
way impact highway construction.
  It is interesting, last Memorial Day alone, approximately 32 million 
Americans traveled by car 50 miles or more from home. So suspending the 
Federal excise tax during the summer when fuel prices have historically 
been at their highest level would allow millions of Americans to keep a 
few more of their hard-earned dollars and help them better make ends 
meet.
  Two final comments: There is an argument that this loss should be 
offset somehow by programs raising taxes somewhere else. Of course, I 
have never understood why, if you are going to provide tax relief to 
Americans, you would want to provide the tax relief and then tax them 
in some other way.
  The Congressional Budget Office, former Council of Economic Advisers, 
Chairman Martin Feldstein, and Clinton Treasury Secretary Robert Rubin 
are three of the entities or individuals who have said it is 
unnecessary to offset temporary tax cuts when an economy is slowing.
  The $150 billion stimulus bill that passed the Senate by a vote of 81 
to 16 in early February was not offset. The $15 billion-plus housing 
bill that passed the Senate 84 to 12 last week was not offset. Most of 
the revenue losses associated with the housing bill benefited companies 
and other businesses, not consumers. If offsets were not needed to 
offset the benefit to private firms, I ask why our amendment would need 
to be offset since it aids struggling American families.
  Finally, I heard rumors that Senators would like to propose an 
alternative to what we have produced, a Democratic alternative that was 
developed yesterday afternoon, that would effectively raise corporate 
income taxes on oil and gas companies.

[[Page 6322]]

  Now, I suppose everyone likes to pick on oil and gas companies, 
though we sure want to have some gasoline in the pumps when we decide 
we need to fill up our cars and trucks, but this proposal eliminates or 
curtails the so-called section 199 domestic production deduction for 
oil and gas companies.
  What that means in regular English is effectively raising the 
corporate income tax rate by 3 percentage points. That is exactly the 
wrong medicine at a time when our economy is not doing well. Let me 
repeat that. The elimination of this tax incentive is designed to 
encourage oil and gas companies to produce oil and gas in the United 
States so we do not have to go abroad and buy it from somewhere else.
  I don't agree with this approach. Rather than raising taxes on oil 
companies, we should be encouraging them to explore for oil and to 
produce oil and gas in the United States, to improve our energy 
security and, importantly, to reduce prices for American consumers. Why 
on Earth would anyone actually want to limit domestic production? 
Reducing domestic production would only make the United States more 
dependent on foreign oil imports and would likely cause consumers to 
pay even more at the pump. Besides, a tax increase of the type being 
proposed would have the effect of raising prices at the pump, as costs 
obviously would be passed on to consumers. That would obviously have a 
reverse impact, the exact opposite of what we are trying to do with a 
reduction of the gas tax on consumers of gasoline products.
  Finally, there is a significant problem with the proposal to repeal 
section 199 for U.S. oil companies. A proposal to do this passed the 
House of Representatives earlier this year. But this very same 
provision that passed the House would have the effect of keeping the 
199 tax incentive for CITGO, the oil company owned by the Venezuelan 
Government; obviously, not a good idea while we are repealing it for 
American companies, to leave that tax incentive for a competitor of our 
oil companies owned by the Venezuelan Government. I don't know whether 
that was unintentional, but that is the effect of the amendment. 
Clearly that is not something we would want to do. I don't think we 
want to hold consumer relief hostage to a tax increase.


                     Amendment No. 4540, Withdrawn

  The PRESIDING OFFICER. Under the previous order, amendment No. 4540 
is withdrawn.
  The Senator from California.
  Mrs. BOXER. Mr. President, I thank my colleague, because we need to 
move this bill along. There are 500 important projects in it. I have 
colleagues who want to add more projects. I want to say, for the 
benefit of everyone, there are some very legitimate technical 
corrections that still need to be done. I have committed to my 
colleagues, both Democratic and Republican--I have spoken to Senator 
Lincoln, Senator Landrieu, Senator Ben Nelson, Senator Hutchison, only 
a few moments ago--that our committee, myself working with Senator 
Inhofe and our colleagues, is going to come up with a follow-on 
technical corrections bill with the time to ensure it is put together 
right. We do have some different ethics rules these days. We want to 
make sure we vet everything and everything is put up on the Web site. 
We have a number of very important technical corrections still to be 
done, but we are going to do it in the next 3 weeks in committee. We 
look forward to it.
  I read a very complex unanimous consent request, and I don't think 
anyone within the sound of my voice could possibly follow all of it. So 
I thought in plain English, for the good of myself as well as my 
colleagues, I would say where we are. We are going to have a couple of 
votes on the issue of Coconut Road, which is a real problem for us, and 
it has been straightened out in this bill. We fix the problem. But 
there are colleagues who want to have an investigation, and we have two 
alternatives. One is the Coburn amendment which sets up what I consider 
a very complicated special select committee with Members from both 
bodies. It will have public hearings. It will review things in public. 
It will do all of that. At the end of that time, what the committee 
will do is refer something to Justice, if they have found a problem. 
That is the whole point of the select committee.
  The problem is, if you read the Constitution, you see the debate 
clause. We believe, from our constitutional scholars on this side, that 
that whole committee will fall. It will not be able to do its job. The 
House has told us they don't see how Senators can investigate House 
Members and House Members can investigate Senate Members. We think the 
best way to go, Senator Reid and I and others, is to have the Justice 
Department get right in there. Ours is not a sense-of-the-Senate 
approach. We require the Justice Department to move forward. Instead of 
having a big Senate-House committee, with the press flashing pictures 
and all the rest, just get to it and ask Justice to investigate. We 
also worry, if there is a big committee--and there won't be, because 
the House won't accept it anyway--irony of all ironies, the Coconut 
Road fix will fall, because we fix it in this bill. If this bill falls 
because of this committee--because it is unconstitutional--there won't 
be a fix to Coconut Road. It is going to go back to the terrible change 
that somebody made in the dead of night. We don't want that to happen.
  I hope my colleagues will reject that approach and support the Boxer-
Reid approach which I believe is straightforward. It makes sense. It 
gets right to the heart. If there is a crime, let's find out about it.
  On the McCain amendment, I actually was looking forward to debating 
it. I hope we will be able to, because there is a lot of dispute about 
how it would actually work in the real world. There is nothing in the 
McCain amendment that tells the oil companies they can't pocket the 18 
cents that is going to come off. We have seen the oil companies. In 
California, in some places, we are over $4. This hurts our hearts. We 
see oil company profits soaring. If it were only the cost, they would 
be having the same profit and passing on the cost. But, no, their 
profits have gone up. We know about the CEO salaries and all the rest.
  There is nothing in the McCain amendment--I would love to talk to 
John about that--that would say to the oil companies: Don't use this as 
a moment to raise 18 cents. So where might we be?
  We might do this, and we would have to now go to the general fund. 
All taxpayers would have to pay for this. Let's be clear. There is no 
pay-for in the McCain amendment--none at all. It goes to the Treasury. 
Who puts money in the Treasury? My taxpayers, your taxpayers, all 
taxpayers. So taxpayers are now going to pay for this one way or the 
other. We take it away from the users and the taxpayers pay, and there 
is nothing in it that will ensure that the cost won't be nabbed and 
grabbed by the oil companies. Then they get the extra 18 cents, and we 
have blown a $9 billion hole in the Federal budget. It is amazing how 
my colleagues could say, it is a time of stress. We have to do this. We 
need to be a little bit more responsible.
  I am looking forward to this debate. I like to pay for things. Maybe 
I am old-fashioned. I am an old economics major. I think it is good to 
pay for things. I think we could figure out a way to pay for things. 
But to say nobody gets hurt when the tab in the McCain amendment is 
picked up by all taxpayers is faulty. We will have to make up that $9 
billion. We Democrats think there is a way to do it. We see the profits 
of the oil companies. We say to the oil companies: Good for you, but 
there is a point at which, when Americans are suffering, you have to do 
a little bit more.
  I, for one, look forward to debating the McCain amendment soon. We 
will have that debate. But it isn't going to be on this bill. For that, 
I am grateful for this reason: We are bringing this to a close, and 
this package is in many ways a ministimulus. It will unleash $1 billion 
into the economy. It will unleash some of these projects that are so 
important for our people who got stuck for technical reasons or had to 
have minor changes for other reasons. This $1 billion, when it is 
unleashed, will create tens of thousands of good jobs, jobs building 
highways, bridges, transit systems. We are very happy, and we expect to 
have this vote at 3:30. We will

[[Page 6323]]

have first the Boxer amendment, then the Coburn amendment, then a 
cloture vote, and then a vote on final passage. We should be doing very 
well.
  I ask unanimous consent that Senators Graham, Martinez, and Wicker be 
recognized for a total of up to 10 minutes and that following their 
remarks, Senator Kennedy be recognized for up to 20 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from South Carolina.
  Mr. GRAHAM. Mr. President, there are a lot of things going on in 
Washington that people probably don't understand and wonder about. How 
could my Government not do better than it is doing. This is one of the 
areas where most people understand what we are trying to do and would 
appreciate any effort on their behalf to accomplish relieving the gas 
tax for a period of time when a lot of Americans are traveling. If you 
believe that a $600 check to Americans that comes from the Treasury, 
that is not offset, is a good thing to help the economy, like 81 of us 
do, this builds on that concept.
  The Senator from California asks what we are trying to do. We are 
trying to build on some concepts that have already passed the body. We 
are injecting the economy with money so that people, consumers can buy 
more to help stimulate the economy. We have all agreed on that being a 
good idea. What is this doing? This is trying to take a Federal tax 
that affects every American who drives a car during a window of time 
when many Americans are going to be on the road doing a lot of things 
they have looked forward to and planned, to reduce the burden of 
traveling, to energize the economy, whether it is in terms of 
recreational travel or business dealings. That will build on the 
concept we have already agreed on. Now is the time to put money back 
into the pockets of consumers, and relieving the gas tax during this 
critical time and during this window of time makes perfect sense. I 
congratulate Senators McCain and Kyl. This will not be a hard sell to 
anybody out there who is paying taxes and driving a car. I hope we can 
find a way to make this happen. The public would appreciate it. They 
are going to appreciate the checks they get. The money will go to good 
use. If we could relieve the tax burden on traveling by 18.6 cents per 
gallon of Federal gas taxes during this window of time, people would 
appreciate it. They understand why we need to do it. It would be a good 
thing for the Congress, and I appreciate Senators McCain and Kyl 
putting this concept on the floor. It is sad we can't get it passed 
today, but I hope we do it sooner rather than later.
  With that, being from South Carolina and Florida and Mississippi, 
where people travel to destinations that are attractive to come to, I 
hope we can pass this and help the American consumer.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida.
  Mr. MARTINEZ. Mr. President, I am pleased to follow my colleague from 
South Carolina. I understand where we are. This amendment has been 
withdrawn. However, let me touch on this issue for a few moments, 
because it is so very important that we give this concept due 
consideration. In fact, at some point, the Senate should give it an up-
or-down vote. A gas tax holiday from Memorial Day to Labor Day, which 
has a number of cosponsors, would allow American taxpayers to suspend 
the gas tax during that period of time. The fact is we are not in easy 
times in America today. We have rising gas prices, falling home prices, 
which is resulting in falling home equity opportunities for families to 
utilize their home as a means of defraying other costs in their 
family's life. As food prices go up, home prices are going down.
  The price of gasoline has gone up tremendously. Unleaded regular has 
increased 53 cents per gallon this year. As a matter of fact, a tax 
holiday of 18 cents a gallon gas tax and 24 cents a gallon on diesel 
fuel from Memorial Day to Labor Day will help American families, will 
help those who make a living driving on the road, moving and hauling 
things through the trucking industry.
  Why is it important to me as a Senator from Florida? We are a tourism 
State. A lot of tourists travel to Florida by car. In fact, the 
overwhelming majority of tourists come to Florida by car.
  This is the average working family--the same people we are trying to 
help with this economic stimulus. This is allowing a family to throw 
their kids in the car and get on one of the interstate highways and 
come down to Florida and visit the attractions, visit the beaches this 
summer, and do what people do to bring families together, to be able to 
recreate, to be able to vacation as families together.
  This is an economic stimulus to the State of Florida. The State of 
Florida is in hard times today because of the downdraft in the housing 
economy. So this would act as a tremendous boost, and it would help 
tremendously the families who are traveling in Florida and coming to 
Florida.
  Gas is about $3.38 a gallon for regular in the State of Florida right 
now. It is a 51-cent increase from what it was a year ago. We get about 
75 million tourists a year who come to the State of Florida. As a 
result of that, a great deal of economic activity is generated. Over 
the course of a year, about 25 million families are paying an 
additional $68 million in Federal gas tax for just one fill-up. That is 
on top of the fluctuating prices for a barrel of oil.
  At the end of the day, we have to recognize this is an opportunity to 
provide a stimulus to our economy, to help the Florida economy, and to 
help the American family to be able to vacation this summer.
  The Department of Treasury would transfer funds under this amendment 
to make the highway trust fund whole. So, in other words, it is not 
going to create a hole in the highway trust fund. It will not mean a 
diminution in our commitment to maintaining our infrastructure. It is 
simply going to give families a break between Memorial Day and Labor 
Day. What a great thing. What a great time of year. For the 4th of July 
we know millions of American families are going to set to the road--
hopefully, set to the road--if they do not have to break to their kids 
the bad news because of the situation today. Because of difficult 
family budgets, that kitchen table conversation may also include 
saying: Children, guess what. We have to cancel our vacation to Florida 
this summer. We can't afford to take the family car. The price of gas 
is too high.
  This would be a way to give the American family a break.


                           Amendment No. 4538

  Mr. President, I want to take a moment and comment on something else. 
The distinguished Senator from California, Chairman Boxer, commented on 
the issue of Coconut Road. It is in my State of Florida. I am very 
concerned about what occurred in the situation there, which I think is 
well known to my colleagues in the Senate.
  The fact is, what happened here is, at best, a questionable 
procedure. So the reason for Senator Coburn's amendment, which I have 
cosponsored, and Senator Nelson has cosponsored--so it is a bipartisan 
amendment--is to try to get at the bottom of it. It is not to try to 
create a Justice Department investigation. I do not know if there is 
any criminal wrongdoing that has taken place. These are congressional 
actions which are, frankly, in many ways reprehensible in my view but 
which may not rise to criminality.
  So the issue is, why not just investigate? Let's find out: How did 
this happen? Because what I would hope we would all want to do is 
prevent this from happening in the future. Do we need to change rules, 
do we need to change procedures, or do we need to simply allow the 
public to know who did something like this and what their motivations 
were? I am not sure it rises to criminality. That is what the Justice 
Department does. They investigate criminal conduct. I do think it rises 
to the level of conduct that is not becoming to public officials that 
is not designed to enhance the public trust.
  The people of southwest Florida, who have tremendous traffic 
problems--that I-75 is dramatically important to their lives, frankly, 
as to the cost of fuel, the cost of how much time they spend idling on 
the highways--want to know what occurred here.

[[Page 6324]]

  All I want to do is allow, through this process, to provide some 
clarity so they can know some answers. I believe the Coburn amendment 
is appropriate. I do not want to see this be created into some 
inquisition by the Justice Department but simply to get some Members to 
come together around a table and say: How did this happen? What 
happened here?
  Let's give the people of southwest Florida the kind of answers they 
deserve, they demand, and give confidence to the American people that 
the Congress is acting in the people's best interests and not at the 
behest of special interests.
  With that, Mr. President, I appreciate the opportunity to comment on 
both of these items, and I yield the floor.
  The PRESIDING OFFICER (Mr. Casey). The Senator from Mississippi.
  Mr. WICKER. Mr. President, might I inquire, how much of the 10 
minutes is remaining from the request of the Senator from California?
  The PRESIDING OFFICER. A minute and a half.
  Mr. WICKER. I will do my best.
  Mr. President, I thank Senator McCain and Senator Kyl for putting 
forward this proposal. I was delighted to see it. I would, frankly, 
hope that Democrats and Republicans could come together on this issue 
in a bipartisan manner and provide this temporary relief for hard-
pressed Americans during the summer months.
  Many people ask us, why are gas prices so high? Why is this 
continuing to happen? As we know, there are many complex factors 
involved in that: worldwide demand, countries such as China and India 
increasing their demand for oil and gas at this point; also, unstable 
governments in oil-producing regions; and Americans' continued reliance 
on foreign sources of oil.
  But, also, I must confess the problem being experienced by Americans, 
in large measure, is due to Federal policies. In the mid-1990s, 
President Clinton vetoed a proposal to drill in ANWR, even though the 
residents of the State of Alaska have asked us for permission to drill 
there and have told us they are satisfied it can be done in an 
environmentally friendly manner. Also, we have had the refusal to 
produce energy in America when we know it can be done in an 
environmentally safe way, whether that be the production of more crude 
oil, oil shale, or liquefied coal.
  So the Federal Government and this Congress bear a good bit of the 
responsibility. In light of that, I think we have to ask ourselves--Mr. 
President, might I have an additional 1\1/2\ minutes?
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. WICKER. Thank you, Mr. President.
  I think this Senate--Republicans and Democrats--needs to ask: We have 
a choice. Do we ask the Federal Government to tighten its belt a bit 
and adopt this summer-long Federal gasoline tax holiday or do we 
continue to require American families to tighten their belts and pay 
higher gasoline prices? Do we continue to require American farmers and 
small businesses, who have to use transportation to earn a living, to 
tighten their belts?
  I think the better answer there is to provide 18 cents per gallon of 
relief for American families, 24 cents per gallon of relief to those 
who are required to use diesel to earn their livelihoods, and for the 
Federal Government to tighten its belt and absorb this $8 billion to $9 
billion that the Senator from California talked about.
  The Senator from South Carolina mentioned we have already passed a 
much more expensive economic stimulus measure because we are concerned 
about the economy. This economy could go either way. We can take action 
to prevent it from sliding into a recession. We have already adopted 
one a few months ago. The McCain plan is another one. I 
enthusiastically support the concept. I think it is time we give 
Americans a break at the pump. This would do so during an important 
period as our economy teeters on the edge.
  I hope we continue to have this debate, as the Senator from 
California suggested, and adopt it on a bipartisan basis.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Massachusetts.


                      Lilly Ledbetter Fair Pay Act

  Mr. KENNEDY. Mr. President, the Senate must act to pass the Lilly 
Ledbetter Fair Pay Act, and we must do so now. The House has already 
acted on this bill to restore the basic protection against pay 
discrimination as part of our Nation's commitment to equal justice and 
full civil rights for all.
  Protecting these fundamental rights and ending discrimination in all 
forms are essential to our success as a nation. Republicans and 
Democrats worked together to enact our civil rights laws, and the 
American people want and deserve these protections to be implemented in 
full.
  The guarantee of equal pay was first enacted in 1963. When President 
Kennedy signed the Equal Pay Act in 1963, he emphasized that protection 
against pay discrimination is ``basic to democracy,'' and those words 
are still true today.
  In the years that followed, Congress passed other strong, bipartisan 
laws to strengthen the guarantee of equal pay for millions of 
Americans. Over the years, the Senate has gone on record time and again 
in favor of fairness and against discrimination.
  The Civil Rights Act of 1964 was enacted after long, difficult, and 
contentious debate, but the cause of justice eventually prevailed. That 
landmark legislation included many important protections, including, 
for the first time, protection against pay discrimination on the job 
because of race, national origin, gender, and religion. That is title 
VII of the Civil Rights Act of 1964. Public accommodations is another 
very major part of that legislation. But title VII provided these kinds 
of protections against discrimination. That legislation passed 73 to 
27.
  We went on record again when the Age Discrimination in Employment Act 
was passed in 1967, with unanimous support in the Senate. Equal pay for 
those who are older; you are not going to be able to discriminate 
against the elderly. It was passed unanimously.
  The consensus in favor of the Rehabilitation Act of 1973, which 
outlaws discrimination based on disability in federally funded programs 
and activities, was so strong it passed the Senate by a voice vote.
  All of us are familiar with the fact that if there is going to be a 
dispute or major differences, people are going to call for a rollcall 
vote, even if there is going to be only a handful of people against it. 
In this situation, with regard to fair pay, equal pay, in the areas of 
those people who are working with the disabled, the guarantee was going 
to be fair pay. It, effectively, in the Rehabilitation Act of 1973, 
passed the Senate by a voice vote.
  In 1990, the Senate passed the Americans with Disabilities Act 91 to 
6, and it was signed into law by the first President Bush. The first 
President Bush has stated--and I have heard him eloquently say it was 
the most important piece of legislation that passed and he signed into 
law. It had protections against discriminating against those who are 
disabled individuals.
  We passed the Civil Rights Act of 1991 by an overwhelming margin of 
93 to 5. That was a clear vote in favor of fairness. It too was signed 
into law by the current President's father.
  On this chart is the list where the Senate has addressed this issue 
of equal pay for equal work. Going back to 1963, these are the 
different Presidents who signed legislation--including President 
Johnson, President Nixon, President Reagan, President Bush. Look at the 
overwhelming votes: a clear indication of what the intention has been 
by this Congress in terms of fairness and justice, and correctly so.
  Each time we have considered the issue, the Senate has taken the high 
road. Once again, we must demonstrate that we mean what we say. These 
important laws established the bedrock principle of equal pay for equal 
work, and they have made our Nation a stronger and better and fairer 
land.
  In these times of economic hardship, working people deserve more than 
ever the chance to earn a fair day's pay for

[[Page 6325]]

an honest day's work. Yet, as a result of the Supreme Court's 5-to-4 
decision--5 to 4: one vote--last May in Ledbetter v. Goodyear Tire & 
Rubber Company, more American workers will have to endure pay 
discrimination, without the means to stop it.
  Let me show what is happening with regard to women at the present 
time. We have serious economic challenges we are facing today. But look 
at the overall economic challenges, the downturn in our economy, and 
how it is playing out in terms of women. Women's earnings are falling 
faster than men's. We all hear about the falling of purchasing power 
among working families across this country. We can see it is falling a 
good deal faster in terms of the decline in median wages in the year 
2007 for women.
  As I mentioned, this legislation also applies in terms of African 
Americans, the disability community, age discrimination, national 
origin quotas--all of them. Look what is happening with the current 
economic crisis. Minorities are hit hardest by the economic downturn. 
So we have the economic downturn going on, and we have this decision 
which said the employers are going to be able to discriminate against 
workers on the basis of race, gender, national origin. It is 
unbelievable that a Supreme Court of the United States, 5 to 4, would 
overturn 5 to 6 major pieces of legislation that were decided 
overwhelmingly by this body over a 30-year period which say we want 
equal pay for equal work.
  The list goes on. We know, basically, women make 77 cents for every 
dollar paid to men. That is existing. These are the current data of the 
U.S. census in 2007. So this is the current situation, generally. What 
we are trying to do is change this; to get equal pay for equal work. 
But inherently, this is where we are in 2007, and unless we change 
this, it is going to continue or probably even grow worse.
  It is reflected, as we would expect, in family income. This chart 
shows we are talking about equal pay for women, and this legislation 
also applies to African Americans and national origin. Here we have 
African-American men receiving 21 percent less pay than White men. We 
find the same for Latinos. They are affected by this decision as well. 
Latinos receive 72 cents for every dollar earned by White workers. This 
shows the distinction, the annual distinction, about $8,000 a year. 
This has been true.
  So we know we are facing a difficult economic time. We also know the 
people who suffer the most are the people--whether it is women, whether 
it is African Americans, whether it is Latino, whether it is disability 
or whether it is elderly, all those groups are affected by the 
Ledbetter decision, and in the face of 30 years of this Congress saying 
time and time and time again, in a bipartisan way, we are going to 
insist on equality of pay for equal work. That is the issue. That had 
been the law. This legislation we are talking about with Ledbetter, we 
are trying to go back to what the law was.
  This chart indicates--the light green is what we would go back to, 
and the dark green is where the EEOC held the same as we are proposing 
in this legislation. This had worked and worked effectively. That is 
why the CBO said this isn't any further additional burden on industry 
or business. We are going to hear that argument. We have the CBO study 
which says that, because basically most employers want to do the right 
thing. They understand it, they respect it, and they want to do the 
right thing. So they are not going to be penalized; it will be others 
who will be penalized.
  On this final point, as I mentioned the different groups affected, 
this shows pay discrimination hurts all kinds of Americans. This orange 
depicts the disabled, this is national origin, 760. These are cases of 
pay discrimination charges, including 2,470 in terms of the gender; and 
on race, 2,352; on age discrimination, 978. So this is 7,000--these are 
the cases that are brought. Most estimates are it is in the hundreds of 
thousands of actual cases that are out there that people don't know 
about.
  Lilly Ledbetter didn't know about the fact that she was being 
shortchanged for years and years and years because people keep the 
payroll secret. Finally, she hears from others who are working and who 
are doing comparable work, and she gradually puts it together that she 
has been shortchanged. Sure enough, she had been shortchanged for years 
and years and years. The local jury made the decision to pay the 
damages and the Supreme Court overruled it and said: You are out of 
luck, Lilly Ledbetter. You should have brought your case within 180 
days of the time you were employed. Even though you didn't know about 
it, you still should have brought it. Even if you didn't know about it, 
tough luck. You have no remedies. No remedies. No remedies. It has been 
going on for years. None. That is fundamentally and basically wrong, 
and that is what we are changing.
  We have very strong support for this legislation. We have the support 
of various groups, including the American Association of People With 
Disabilities; the AARP, obviously, because of discrimination of the 
elderly; Business and Professional Women, the NAACP, United Auto 
Workers, National Congress of Black Women, the Religious Action Center, 
U.S. Women's Chamber of Commerce. They understand it and see it. The 
list goes on. I will include a more complete list with my remarks for 
the Record.
  Many people give speeches on fairness and the need to help people in 
these tough economic times. An important way we can do so is by proving 
we still stand strongly against pay discrimination, that we would not 
allow the rights workers thought they had to be undone by misguided 
court decisions. Fair treatment for all employees is especially 
important now. As I mentioned, our faltering economy is hitting working 
families hard. There were 230,000 jobs lost in the first 3 months of 
this year. Unemployment rates climbed. Over 1 million working men and 
women have joined the unemployed since this past year.
  Few doubt that we are now in a serious recession. It has been 
particularly hard on women and minorities and on workers--particularly 
hard. Of the 80,000 jobs that were lost in this last month, 50,000 were 
construction workers. The unemployment rate among women has risen 
sharply in the past year. Minorities are suffering more. Unemployment 
for African Americans is now well over 9 percent, almost twice the 
national average.
  The impact of unfair pay practices is staggering. Today, as I 
mentioned, women still earn 23 percent less than men; African 
Americans, 21 percent less than White men; and Latinos earn 72 cents 
for every dollar paid to White workers.
  In fact, the financial security of all working men and women is 
undermined by this recession. Workers are suffering already, and 
millions increasingly find their paychecks do not go far enough. They 
don't deserve to bear the additional burden of discrimination in their 
pay. The cost of this discrimination becomes more and more intolerable 
over time. Lilly Ledbetter lost tens of thousands of dollars over the 
course of her career because every paycheck made the burden of the 
discrimination even greater.
  There is no doubt that the Supreme Court's decision in the Ledbetter 
case has left employees without one of the fundamental protections 
against pay discrimination that Congress intended them to have. The 
Court decision undermined their ability to hold employers accountable 
for such discrimination by imposing serious and unnecessary obstacles 
to ending the discrimination against them.
  Under the Ledbetter case, the time limit for filing of pay 
discrimination claim begins to run, as I mentioned, when an employer 
decides to discriminate--not when the worker finds out about the 
discriminatory paycheck. Employers who conceal their illegal action for 
180 days are free to discriminate. They can pay women less than men. 
They can pay African Americans less than Whites. They can pay older 
Americans less than younger ones and pay religious minorities and 
persons with disabilities less than other workers. These employees can 
never, ever obtain relief. Paycheck after paycheck

[[Page 6326]]

can keep implementing the discrimination, and workers have no way to 
hold employers accountable.
  Clearly, the decision has opened up a flagrant loophole in our civil 
rights, and the Congress cannot let it stand. Under this bill, the 180-
day clock restarts with every discriminatory paycheck, so employees can 
challenge ongoing discrimination, even if their employer successfully 
hides its true motives at first.
  Lilly Ledbetter was one of the few women supervisors at the Goodyear 
Tire and Rubber Company in Gadsen, AL. She worked at the plant for 
almost two decades, constantly fighting to prove that women could do a 
job traditionally done by men. She endured insults from her male 
supervisors. She was told the plant didn't need women. Yet she 
persevered and gave the company a fair day's work. She had children and 
both she and her husband were working hard to support them. She had no 
idea Goodyear was not living up to its responsibility to pay her 
fairly.
  For almost two decades, the company discriminated against her by 
using discriminatory evaluations to pay her less than her male 
colleagues who performed exactly the same duties. Many of those male 
colleagues had less seniority and experience than she had, but they 
were still paid more than she was for identical work.
  The jury saw the injustice of Goodyear's mistreatment of Ms. 
Ledbetter and awarded her full damages. Five members of the Supreme 
Court ignored that injustice and ruled Ms. Ledbetter was entitled to 
nothing at all--nothing at all--because she filed her claim too late. 
The Court's decision gives countless employers a free hand to conceal 
and continue illegal discrimination and leaves workers powerless to 
stop it.
  The bipartisan Fair Pay Restoration Act will restore the clear intent 
of Congress when we passed the important laws I mentioned earlier. It 
would restore the fair and reasonable rule that applied in the vast 
majority of the country until May 29 of last year. If we pass this 
bill, we can go back to the longstanding rule that the clock begins to 
run for filing a pay discrimination claim on the day a worker receives 
a discriminatory paycheck, rather than the day the employer first 
decides to discriminate.
  By enacting this law, we will restore a rule that reflects how pay 
discrimination actually occurs in the workplace, and it will give all 
workers a fair means to stop ongoing discrimination and obtain fair 
compensation for the discrimination they have endured. By doing so, we 
will also be helping to prevent employers from engaging in such 
discrimination in the first place.
  There is nothing radical about the changes this bill will make. It 
simply restores the law employers and workers had lived with for many 
years, until last May 29, the date of the Supreme Court's distressing 
decision.
  I urge my colleagues to join me in restoring the full strength of the 
antipay discrimination laws we have enacted in the past. Let's take a 
clear stand for all working men and women and pass the Lilly Ledbetter 
Fair Pay Act.
  Mr. President, I ask unanimous consent that this list of supporters 
be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

   Organizations in Support of the Fair Pay Restoration Act (S. 1843)

       LCCR; 9to5, National Association of Working Women; 
     Advocacy, Inc.; Alliance for Disabled in Action; Alliance for 
     Justice; American Association of People with Disabilities 
     (AAPD); AARP; American Association of University Women; 
     American Civil Liberties Union; American Federation of Labor 
     and Congress of Industrial Organizations (AFL-CIO); American 
     Federation of State, County and Municipal Employees (AFSCME); 
     American Federation of Teachers (AFT); American Humanist 
     Association; American Library Association; Anti-Defamation 
     League; Asian American Justice Center; Association for Women 
     in Science; Bazelon Center for Mental Health Law; Business 
     and Professional Women.
       Center for Inquiry; Center on Women and Policy; 
     Clearinghouse on Women's Issues; Coalition of Labor Union 
     Women (CLUW); Consortium of Citizens with Disabilities Rights 
     Task Force; Educational Foundation of America; Easter Seals; 
     Equip for Equality; Equal Rights Advocates; Federally 
     Employed Women; Feminist Majority; Healthy Teen Network; 
     International Union, United Auto Workers (UAW); Jobs with 
     Justice; Lawyers' Committee for Civil Rights Under Law; 
     League of United Latin American Citizens (LULAC); Legal 
     Momentum; Let Justice Roll Living Wage Campaign; MANA--A 
     National Latina Organization; Mexican American Legal Defense 
     and Educational Fund (MALDEF).
       NAACP; NAACP Legal Defense & Educational Fund, Inc.; 
     National Academy of Engineering; National Association for 
     Girls and Women in Sports; National Association of Collegiate 
     Women Athletic Administrators; National Associations of 
     Commissions for Women; National Center for Lesbian Rights; 
     National Center on Domestic and Sexual Violence; National 
     Coalition for Disability Rights; National Committee on Pay 
     Equity; National Congress of Black Women, Inc.; National 
     Council of Jewish Women (NCJW); National Council of Women's 
     Organizations; National Disability Rights Network; National 
     Education Association; National Employment Lawyers 
     Association; National Fair Housing Alliance; National Gay and 
     Lesbian Task Force; National Organization for Women (NOW); 
     National Partnership for Women & Families; National Senior 
     Citizens Law Center.
       National Women's Conference Committee; National Women's Law 
     Center; National Women's Political Caucus; NETWORK, A 
     National Catholic Social Justice Lobby; OWL--The Voice of 
     Midlife and Older Women; Paralyzed Veterans of America; 
     People For the American Way (PFAW); Religious Action Center; 
     Sargent Shriver National Center on Poverty Law; Service 
     Employees International Union (SEIU); The Disability Law 
     Center of Massachusetts; The Impact Fund; The WAGE Project, 
     Inc.
       U.S. Women's Chamber of Commerce; USAction; Veteran 
     Feminists of America; Wider Opportunities for Women; WIN 
     Group International; Women Employed; Women Work! Women Work! 
     The National Network for Women's Employment; Women's 
     Institute for a Secure Retirement; Women's Law and Policy 
     Project; Women's Law Project; Women's Research & Education 
     Institute (WREI); Women's Sports Foundation; YWCA USA; 
     4ERA.org; 9to5 Atlanta; 9to5 Bay Area; 9to5 Colorado; 9to5 
     Los Angeles; 9to5 Poverty Network Initiative; ACLU Women's 
     Rights Project; Adrian Middle School; ADA Watch; AFSCME; 
     Alliance for Disabled in Action; Alliance for the Status of 
     Missouri Women.
       AAUW of Alabama; AAUW of Alaska; AAUW of Arizona; AAUW of 
     Arkansas; AAUW of California; AAUW of Colorado; AAUW of 
     Connecticut; AAUW of Delaware; AAUW of District of Columbia; 
     AAUW of Florida; AAUW of Georgia; AAUW of Hawaii; AAUW of 
     Idaho; AAUW of Illinois; AAUW of Indiana; AAUW of Iowa; AAUW 
     of Kansas; AAUW of Kentucky; AAUW of Louisiana; AAUW of 
     Maine; AAUW of Maryland.
       AAUW of Massachusetts; AAUW of Michigan; AAUW of Minnesota; 
     AAUW of Mississippi; AAUW of Missouri; AAUW of Montana; AAUW 
     of Montgomery County; AAUW of Nebraska; AAUW of Nevada; AAUW 
     of New Hampshire; AAUW of New Jersey; AAUW of New Mexico; 
     AAUW of New York; AAUW of North Carolina; AAUW of North 
     Dakota; AAUW of Ohio; AAUW of Oklahoma; AAUW of Oregon; AAUW 
     of Pennsylvania; AAUW of Rhode Island.
       AAUW of South Carolina; AAUW of South Dakota; AAUW of 
     Tennessee; AAUW of Texas; AAUW of Utah; AAUW of Vermont; AAUW 
     of Virginia; AAUW of Washington; AAUW of West Virginia; AAUW 
     of Wisconsin; AAUW of Wyoming; Arizona Coalition Against 
     Domestic Violence; Asian American Justice Center; Association 
     for Women in Science; Black Women's Health Imperative; BPW/
     Alabama; BPW/Alaska; BPW/American Samoa; BPW/Arizona; BPW/
     Arkansas.
       BPW/California; BPW/Colorado; BPW/Connecticut; BPW/
     Delaware; BPW/District of Columbia; BPW/Florida; BPW/Georgia; 
     BPW/Hawaii; BW/Idaho; BPW/Illinois; BPW/Indiana; BPW/Iowa; 
     BPW/Kansas; BPW/Kentucky; BPW/Louisiana; BPW/Maine; BPW/
     Maryland; BPW/Massachusetts; BPW/Michigan; BPW/Minnesota.
       BPW/Mississippi; BPW/Missouri; BPW/Montana; BPW/Montgomery 
     County; BPW/Nebraska; BPW/Nevada; BPW/New Hampshire; BPW/New 
     Jersey; BPW/New Mexico; BPW/New York; BPW/North Carolina; 
     BPW/North Dakota; BPW/Ohio; BPW/Oklahoma; BPW/Oregon; BPW/
     Pennsylvania; BPW/Puerto Rico; BPW/Rhode Island; BPW/South 
     Carolina.
       BPW/South Dakota; BPW/Tennessee; BPW/Texas; BPW/Utah; BPW/
     Vermont; BPW/Virgin Islands; BPW/Virginia; BPW/Washington; 
     BPW/West Virginia; BPW/Wisconsin; BPW/Wyoming; Chicago 
     Abortion Fund; Citizen Action of NY; Clearinghouse on Women's 
     Issues; Philadelphia CLUW; Connecticut Permanent Commission 
     on the Status of Women Crossrodes; Urban Center; Dads and 
     Daughters; Georgia Coalition Against Domestic Violence; 
     Georgia Rural Urban Summit.
       Hard Hatted Women; Justice Jane; Las Animas County CSE; 
     Legal Momentum; Let Justice Roll Living Wage Campaign; MANA A 
     National Latina Organization; NETWORK, A National Catholic 
     Social Justice Lobby; National Capital Area Union Retirees 
     Club; National Center for Lesbian Rights; National

[[Page 6327]]

     Coalition for Disability Rights; National Council of Jewish 
     Women--California; National Council of Jewish Women--
     Connecticut; National Council of Jewish Women--Greater 
     Detroit Section; National Council of Jewish Women--Greater 
     New Orleans; National Council of Jewish Women--Minnesota; 
     National Council of Jewish Women--Northern Virginia; National 
     Council of Jewish Women--Ohio; National Council of Jewish 
     Women--Pennsylvania; National Council of Jewish Women--
     Portland; National Council of Jewish Women--Rhode Island; 
     National Council of Jewish Women--St. Louis.
       National Council of Jewish Women--Virginia; National 
     Council of Jewish Women--West Virginia; National Council of 
     Women's Organizations; Alabama, NOW; California, NOW; 
     Colorado, NOW; Connecticut, NOW; Fayetteville, NOW; Florida, 
     NOW; Georgia, NOW; 1Illinois, NOW; Iowa, NOW; Kansas, NOW; 
     Lawrence Chapter, NOW; Los Angeles, NOW; Maryland, NOW; 
     Massachusetts, NOW; Minnesota, NOW; Missouri, NOW; Nevada, 
     NOW.
       New Hampshire, NOW; New Jersey, NOW; Oregon, NOW; Santa Fe, 
     NOW; Treasure Valley, NOW; Utah, NOW; Virginia, NOW; West 
     Pinellas, NOW; Missouri Women's Network; MomsRising.org; 
     Montgomery County Commission for Women; National Women's 
     Conference Committee; National Women's Law Center; National 
     Women's Political Caucus; New Mexico Voices for Children; New 
     York State Pay Equity Coalition; Ohio Domestic Violence 
     Network; San Bernardino, OWL; PathWaysPA.
       Pennsylvania NOW, Inc.; Pick Up the Pace; Planned 
     Parenthood of Nassau County; Project IRENE; Silver & Brass 
     Music; South Dakota Advocacy Network for Women; UAW 1853 
     Women's Committee; Veteran Feminist of America; USAction; 
     West Virginia Women's Commission; Wisconsin Women's Network; 
     Women Against Sexual Harassment; Women on the Job Task Force, 
     NY; Women's Institute for a Secure Retirement; Women's Law 
     Center of Maryland, Inc.; Women's Opportunity Link of 
     Delaware, Inc.; Women's Research & Education Institute 
     (WREI); YWCA Greensboro.

  Mr. KENNEDY. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Nelson of Nebraska). The clerk will call 
the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I believe I have an obligation to say a few 
things about the amendments offered by Senators Coburn and Boxer 
regarding the investigation of the Coconut Road controversy.
  As most of my colleagues know, there are reports that a Member of the 
House of Representatives arranged to have the text of the 2005 highway 
bill changed during the enrolling process, which is quite unusual. This 
was after the bill had passed both Houses. Serious allegations have 
been made about the motives of this Member for doing this. The facts 
are not certain, but some say they are clear.
  The junior Senator from Oklahoma has done an important service by 
shining public attention on this matter. The facts are not yet all 
known, as I have just said, but if these allegations--or some of them--
are true, this is one more example of the corruption that permeated the 
Congress in recent years. We have two Members of Congress who have gone 
to prison. We have staff members who are in prison. Some are on 
probation and have pled guilty. So it is fair to say there was a lot of 
corruption in recent years.
  Just last year, the new Democratic Congress passed S. 1, the most 
sweeping lobbying reform effort in the history of our country, in an 
effort to restore public trust in Congress. These reforms are already 
changing the way business is done in Washington. Lobbyists have less 
influence, and there is more transparency in the legislative process.
  We all agree that any misconduct in the legislative process should be 
fully investigated. Specifically, we want to get to the bottom of this 
alleged misconduct involving the Coconut Road provision in the 2005 
highway bill. The only disagreement between Senators Coburn and Boxer 
is how the investigation should be conducted.
  Certainly, an investigation of the conduct of a Member of the House 
of Representatives should be done by the House. I think we get 
ourselves into a problem we should not, constitutionally or morally, by 
having the House tell us what we should do as far as our own Senators. 
We should not be telling them what they should be doing regarding House 
Members. Our Constitution does not provide the Senate with authority to 
direct a House committee to initiate any kind of action like that.
  The Coburn amendment proposes a committee of Members from both the 
House and Senate conduct this investigation. But I believe Senators 
should not and cannot investigate a House Member any more than a House 
Member should or could investigate a Senator. Although Senator Coburn's 
goal of fully investigating the incident is worthy--and I think 
everyone shares his goal--the Senator's amendment is at odds with 
article I of the Constitution.
  If we send this constitutionally dubious amendment to the House, it 
could jeopardize the entire highway technical corrections bill. Why do 
we want to mess with that? We should not. That is why Senator Boxer has 
proposed that the Justice Department review the allegations of criminal 
misconduct.
  I would want everyone to recognize that in law, there is this saying: 
What are you trying to do, make a Federal case out of it? Why do we say 
that? Because it puts the fear into people because they know the 
Justice Department does a better job than anyone else investigating 
wrongdoing.
  So what Senator Boxer proposed is to let the Department of Justice 
review the allegation of criminal conduct, which is the right way to 
go, and it is not an easy way to go.
  According to public reports, the Justice Department and the FBI may 
already be investigating related matters, and who knows, maybe this 
precise matter.
  If violations of Federal criminal law occur, it is in the province of 
the Justice Department and FBI to investigate and prosecute. The Boxer 
amendment simply calls on the Justice Department to review allegations 
of impropriety and find if Federal criminal laws have been broken.
  The Boxer amendment asks the Justice Department to act in an 
appropriate manner. In fact, to be precise, it says the Department 
``shall act consistent with applicable standards and procedures.'' In 
effect, we are asking that this be made a Federal case. This phrase 
recognizes the importance of separation of powers that we have in our 
great country. The language incorporates the principles, privileges, 
and responsibilities that guide Congress's exercise of its 
constitutional authority to discipline itself. It also remains true to 
the principles of legislative autonomy and fair, neutral enforcement of 
the laws.
  This amendment does not waive any legislative privileges of Members 
or committees of Congress. It does not seek to intrude upon the 
constitutional duty of each House of Congress to discipline its own 
Members, nor does it alter the duty of the executive branch to 
faithfully execute laws.
  The amendment simply memorializes the reality that there are serious 
allegations that may rise, perhaps to the level of criminal violations.
  Again, what we are trying to do is make a Federal case out of this. 
It is entirely appropriate for the Justice Department to assume this 
responsibility.
  For these reasons, I urge my colleagues to support the Boxer 
amendment and oppose the Coburn amendment. I express my appreciation to 
Senator Boxer for her hard work on this bill and certainly on this 
amendment. Those of us who know Senator Boxer know how tenacious she 
is. We have had the good fortune to work together for almost 26 years 
in Congress. I have the greatest affection, admiration, and respect for 
her as a person and her legislative skills and abilities. They 
certainly have been made very apparent with the work done on this 
latest piece of work which we hope will be completed in an hour or so 
from right now.
  The PRESIDING OFFICER (Ms. Klobuchar). The Senator from California is 
recognized.
  Mrs. BOXER. Madam President, before the majority leader leaves the 
floor, I thank him very much because

[[Page 6328]]

he helped me enormously in this whole matter of an investigation. What 
we all want to do is get to the bottom of what happened with this 
Coconut Road situation, where it appears as if there may have been some 
activity that merits punishment.
  When we heard that Senator Coburn wanted to take on this issue, we 
welcomed that because we do believe we have a responsibility to regain 
the trust of our people. That is why under Senator Reid's leadership we 
passed the most far-reaching ethics reforms ever.
  I see my friend is in the chair. She is part of the new class of 
Senators who pushed very hard for that legislation. Therefore, when 
Senator Coburn came forward, we believed we certainly wanted to do 
something. But what Senator Reid, because he is a distinguished 
attorney, taught me is, there is a speech and debate clause in the 
Constitution, and this investigation with a select committee, House 
Members and Senate Members investigating each other and staff, could 
fall.
  Here is the point, before my friend leaves the floor. The irony of 
all ironies is, if, in fact, the Coburn solution were to be adopted 
today and it did go forward, although we think it will bring the whole 
bill down, it wouldn't. But let's say it is adopted. Nothing they do 
would really lead to anything until the end of their hearings. I call 
it kind of a circus atmosphere where colleagues would come, flashbulbs 
in everybody's face, and they take testimony. Nothing of consequence 
would occur, I say to my friend, until the end when they decide if 
there was something the Justice Department needed to look into.
  Why have all that hoopla when you can get to the heart of the matter, 
which is saying to the Department of Justice: We want you--and this 
will require them. It doesn't say you ``may,'' it says you ``shall'' 
look into this. If the bill did fall, here is the totally irony: The 
fix to Coconut Road would fall. In other words, in the technical 
corrections bill, we fix the problem. If this whole thing falls because 
of the Coburn amendment, then we go back to the real problem of 
somebody changing the route of this particular road or building, 
freeway, whatever it was that was going to increase somebody's 
property. That would be the worst of all worlds.
  I thank my leader for his help on this matter. He knows when I heard 
about this amendment, I said to him: Yes, we need to look into this, 
and he wanted to do it in the right way. He and his staff have been so 
helpful in getting us to this point where we have a very good 
alternative. I hope everybody votes for it.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, I hope everyone heard what the chairman of 
the Environment and Public Works Committee just said. If we are unable 
to pass this technical corrections bill, which we hope to do in an 
hour, an hour and a half, if we fail to do that, the fix that was put 
in the bill, the technical correction that was made to take care of the 
Coconut Road problem would not be taken care of. That would be a 
travesty and a circular road to nowhere.
  I even hope my friend, Dr. Coburn, would withdraw his amendment. He 
perhaps will not do that, but I hope that everyone, Democrats and 
Republicans--this is not a partisan issue. It deals with housekeeping 
that we do. It is important.
  I say to my friend, the chairman of the Environment and Public Works 
Committee, she also has another job that is extremely difficult and 
extremely important. She is chairman of the Ethics Committee. Having 
served on that Ethics Committee and having chaired that committee for a 
long time, I know it is a tough job. This gives me an opportunity 
publicly to say--and I think all Senators will extend this appreciation 
to her, Senator Cornyn and the other four Members who serve on that 
most important committee, for the dedication and the hours they spend 
away from the cameras. These are in closed hearings talking about 
allegations made against individual Senators. They have done, and they 
continue to do, a remarkably good job.
  There is no one who is in a better position today to talk about what 
is going on in the Senate with matters of violations having been 
alleged than the Senator from California.
  What I think the amendment does is focus attention on the Justice 
Department, just where it should be. I hope everyone will go along with 
that amendment, Democrats and Republicans.
  The PRESIDING OFFICER. The Senator from Louisiana.
  Mr. VITTER. Madam President, I ask unanimous consent to speak as in 
morning business for up to 15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                              Health Care

  Mr. VITTER. Madam President, today I stand on the Senate floor and 
continue a very important discussion that I began with all of my 
Republican classmates in the Senate several weeks ago. It is about the 
need for dramatic, bold, health care reform in this country.
  We adopted this as a class project, if you will. Again, I thank my 
colleagues Senators Thune, Burr, DeMint, Martinez, Isakson, and Coburn 
for their hard work on this important debate, on this important 
discussion.
  Again, the idea is very simple: to put forward our conservative, 
free-market principles and what vision that leads to in terms of 
necessary, bold, transformative health care reform, and also to provide 
a clear contrast between that vision and the alternative, which is 
clearly in our mind a big government solution, a one-size-fits all 
solution that has the government role in health care grow and grow and 
private individual choice lessened and lessened.
  In the first week of this discussion on the Senate floor, I rose and 
laid out our broad principles and where we wanted this discussion to 
lead. Again, as I said that week, I believe there is great consensus in 
America, almost universal consensus that our health care delivery 
system is badly broken and that major reform needs to take place. But, 
of course, having said that, the hard part is figuring out what that 
change is and how it can work best for the American people.
  As I said in those introductory comments, I believe the broad choices 
are clear. Our conservative, free-market vision is to empower the 
individual, to maximize choice, to help everyone get good private 
insurance that is accessible and affordable, to use taxpayer dollars 
where appropriate to help the truly poor afford that sort of good 
private insurance that stresses preventive care and other measures that 
will bring down health care costs. But that is a very different vision 
from one based on Government first and foremost, based on Government 
programs, one-size-fits-all, growing those programs and in the process 
lessening individual choice and responsibility and lessening the 
sanctity of the individual doctor-patient relationship.
  In the second week of our discussion, our colleague John Thune came 
to the floor and elaborated on a very important component of this 
message, which is that we want to stress a choice of private health 
plans as a predominant factor in American health care versus Government 
programs, or the one-size-fits-all, pushing people more and more in 
that direction and increasing the dominance of Government in this very 
major sector of our economy.
  Following up on that, I come to the Senate floor this week to talk 
about a closely related principle and closely related theme, which is, 
again, opting for individual choice and incentives versus forced 
enrollment or forcing action upon citizens by the Government. Again, 
this is a crucial element of our vision for the dramatic, bold health 
care reform we need.
  We believe firmly and we believe strongly that individuals are 
capable of choosing their own health insurance plan and that we must 
continue to focus on individuals and empowering individuals with 
choices and with incentives, not forcing individuals in a certain 
direction. So we are opposed to forcing people to enroll in certain 
plans rather than providing incentives for individuals to make rational

[[Page 6329]]

choices that fit their own circumstances.
  Congress should be pushing reform that creates those incentives for 
individuals, for employers, for insurance companies, and for States to 
come up with innovative solutions. We shouldn't be forcing mandates 
down people's throats, forcing them to enroll in any particular big 
government or other program. The way we can most effectively maximize 
this choice and empower the individual is through the Tax Code, 
creating options for families and individuals through the Tax Code that 
help those families buy insurance, that create those incentives that 
make sure it is accessible and affordable for everyone.
  Now, as I suggest, Madam President, I have some pretty fundamental 
philosophical objections to mandating action on people. But in addition 
to that, I have some very practical concerns. If we look at other 
jurisdictions--States, even other countries--that force these mandates 
on people, we find they really don't work in the end.
  A few examples. Hawaii--obviously a State--has a mandate that all 
employers must provide their workers with health insurance. Well, they 
think that is a magic wand that just automatically solves the problem. 
But it doesn't. First of all, unfortunately, it creates a barrier in 
many instances to creating jobs, increasing employment, and growing 
business. So that is a problem. But even beyond that, it doesn't insure 
all workers. In fact, in Hawaii, 10 percent of workers--not unemployed 
people, not nonworkers, but 10 percent of workers--- do not have health 
insurance. So there is the very practical issue of simply throwing out 
an edict, a mandate from the Government which doesn't accomplish the 
goal.
  Another example is Canada. Canada requires everyone to be covered. 
Again, that creates significant challenges in actually making that 
happen and enforcing that rule. For instance, in the province of 
British Columbia alone, more than 40,000 people somehow slipped through 
the cracks or slipped through that mandate. It isn't a magic wand, and 
it doesn't get done.
  So we believe there is a better way, and that is to maximize choice, 
empower the individual, and create incentives. That will get a great 
number of people enrolled and provide more affordability and access to 
health care.
  We believe, as a part of that, that existing Government programs can 
be improved and modernized and made more efficient. And that is 
important. But we are opposed to attempts which often come up in this 
body and the other body of Congress that try to significantly expand 
these programs well beyond the bounds of how they were originally set 
up, well beyond the core constituencies or income levels for which they 
were established. We believe that is going down the path of big 
government, nationalizing health care, making government the dominant 
force by far, and we don't want to do that.
  We also believe that encouraging competition in the marketplace is 
key to lowering health care costs. So we are opposed to price controls, 
profit ceilings, rigid expensive requirements, and mandates that 
usually end up doing exactly the opposite.
  We believe in recognizing that seniors have increasingly turned to 
Medicare Advantage Plans because they offer a better value and in many 
cases a higher quality of care than traditional fee-for-service 
Medicare. So we are opposed to efforts to dismantle these programs and 
again lessen choice, lessen individual responsibility and choice, and 
push folks in one certain direction--back to a one-size-fits-all 
traditional Medicare fee-for-service.
  We also believe that taxes should be as low as possible and that the 
Tax Code should be changed to put money back into families' hands, 
which would allow them to purchase their own health insurance. We are 
opposed to increasing taxes and using that money to pay for a big 
government one-size-fits-all model.
  Madam President, I look forward, as do all of my Republican Senate 
classmates--Senators Thune and Burr, DeMint, Martinez, Isakson, and 
Coburn--to continuing this discussion, continuing this debate. As I 
said at the beginning, I believe virtually all of America agrees that 
the American health care delivery system is badly broken, that we are 
in desperate need of not just tinkering around the edges but bold, 
dramatic reform. So we want to come forward and lay out those 
conservative and market-based principles that we believe are the right 
type of change, the type of reform Americans want, reform that empowers 
the individual, that respects that individual doctor-patient 
relationship, and that maximizes choice and creates incentives, and not 
the wrong choice that grows big government, that lessens choice, that 
increases mandates, that pushes individuals in a certain direction 
rather than allowing them to understand what best meets their needs.
  Next week, Madam President, we will continue the discussion as 
another of my Republican Senate classmates takes to the floor to talk 
about another issue in this important debate, and I look forward to 
listening and participating in that discussion.
  Madam President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. COBURN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Coburn and Boxer Amendments

  Mr. COBURN. Madam President, I wish to spend a few minutes just to 
make some observations during this short debate we are going to have 
before the amendments are voted on.
  We are going to have a vote on the Boxer amendment and then on the 
Coburn amendment, both trying to get to the bottom of a problem. We 
have agreed to a 60-vote margin on both of those, but I wonder what 
happens to this issue if neither of those amendments gets 60 votes, and 
why are we having a 60-vote margin? Everybody agrees that this 
amendment about a postenrollment change to a bill needs to be solved. 
The mystery surrounding how it happened, where it happened, and why it 
happened needs to be solved. But now we have before us a hurdle which, 
in all likelihood, will eliminate our ability to find out.
  It is claimed, and understandably, that my amendment would look into 
a problem in the House. That assumption, however, is incorrect because 
nobody knows exactly where this enrollment change happened. Some may 
think they do, but we don't know that.
  Second of all, and probably more importantly, is the fact that a bill 
agreed to by both Houses of Congress was changed before it got to the 
President without our knowledge.
  There also is the claim that if, in fact, we would have a bipartisan 
committee, with Members of both Houses looking into this, it is somehow 
precedent setting. It is not. In 1992, the House and Senate did 
combine--not on this specific issue--so there is a precedent there that 
no one can deny, that we looked at rules and processes and procedures, 
and we did that without any difficulty.
  On the other side of the aisle is the Boxer amendment, which says we 
are going to ask the Justice Department. We are not going to ask them, 
actually, we are going to tell them that they shall do this.
  The argument has been made that the speech and debate clause is 
violated by my amendment. I don't think that is accurate, but I will 
take that as an argument. But for the Boxer amendment to pass, the 
separation of powers will be violated. These are not laws. These are 
rules of Congress. Yet we are going to now invite in the executive 
branch to handle what we refuse to handle? The cynicism in me says that 
maybe we don't want to know the answer to this question.
  We very simply could have had a majority vote on both of these, and 
the one that got the most votes would have won. We don't have the 
parliamentary power to force that to happen, and we do have the 
concurrent agreement of the chairwoman of the EPW Committee to have a 
vote, which I appreciate. I would not tell her that I do not

[[Page 6330]]

appreciate that. I do appreciate the opportunity to have a vote. But 
the question still remains: What happens if we don't get 60 votes? Will 
something happen on this?
  What I want us to do is restore the integrity of the enrollment 
process. If we fail to do that, if we fail to do that and if we invite 
the executive branch into our Houses, we have failed--we have failed to 
live up to our own responsibility in the Senate and in the House, and 
we have failed to protect what is truly a separation between us and the 
executive branch in how we have gone about it.
  So I thank the good nature and good humor of the chairman of the 
committee for the lively debate we had yesterday. But, someday, 
somebody will write about this issue, and I am not sure history is 
going to be very kind to us as we worry about partisan issues, who gets 
credit, who didn't, pointing fingers.
  The fact is, we have a problem that should be solved by a joint group 
of Members of this body. To say we can't do that denies the fact that 
we have integrity. We do have integrity. We do have honor. We do have 
commitment. And most of all, we want to build the confidence of the 
American people in Congress. I believe that will happen under my 
amendment. I am not sure it will happen if we don't pass it. As a 
matter of fact, I am certain that if we don't have one of these that 
gets accepted in conference, we will not be able to claim that.
  I have heard the statements of the chairwoman of the EPW Committee, 
and I believe her statements. So whatever happens here, it is my hope 
that she will encourage that to happen in conference. It won't be 
telling the House what to do; rather, it will be asking them to concur 
that we ought to look into this.
  Washington has a problem, and the problem is this: We are not 
believable to the American public. More than 70 percent of the people 
in this country have no confidence in us, and we ought to be about 
repairing the institution and repairing that confidence.
  With that, Madam President, I yield back.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, I thank my colleague for bringing this 
issue to our attention. I think he knows that in the beginning there 
were some voices that said: Let's not deal with this. But we worked 
together, and we did come up eventually with a way to deal with it.
  I think some of our colleagues believe that where there is a 
constitutional issue and a precedent-setting issue here involving such 
a delicate matter, such a matter that could lead to a criminal 
investigation and punishment, we ought to have some type of consensus 
on it. But I share his concern.
  Madam President, I ask unanimous consent for an additional minute 
before we go to the regular order.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. I think if neither amendment gets 60 votes--and I 
certainly hope the Boxer amendment does, and I expect it would, but I 
don't know, it might not--I am already working on an alternative I 
would talk to my friend about right now, which is for us to communicate 
in writing very strongly to the Justice Department and tell them how 
strongly we feel.
  I also wish to make the point that my friend is right. Someday, 
somebody will write about this. People are already writing about it 
because of the work we are doing on this matter. The Senator and I have 
been quite forceful in the way we feel about this. People are writing 
about it. My hope is that what we do is not create a new kind of select 
committee. My friend said it has been done before, and he may be right. 
But why a committee when we can get right to the heart of the matter, 
which is: Was there a crime? If so, let's get to the bottom of it.
  I do want to say, and I say this as chair of the Ethics Committee of 
the Senate, nothing is more important to me than having a fair Ethics 
Committee that works hard and is objective. Any Member of the Senate 
can make a complaint any day of the week and it automatically is looked 
at. I want to reiterate that. If people have an issue, please, let us 
know. That is why we are there.
  For those of us who care a lot about this matter, we do need, if 
nobody gets 60--I hope we will, but if nobody does, this issue does not 
go away as far as I am concerned. It cannot go away.
  I think it is very important, the way we deal with this, to 
understand that if we do something that the House has constitutional 
objections to and it brings down the technical corrections bill, the 
irony of ironies is the Coconut Road project doesn't get fixed, it goes 
back to the crooked way it was handled. We don't want that. We want to 
fix the Coconut Road problem and we want to have an investigation.
  I yield the floor to get to the regular order at this time.


                    Amendment No. 4539, As Modified

  The PRESIDING OFFICER. Under the regular order, there will be 2 
minutes of debate prior to a vote on amendment No. 4539, offered by the 
Senator from California, as modified.
  Mrs. BOXER. Madam President, we have a very simple amendment. 
Sometimes in simplicity is strength. Sometimes in simplicity is power. 
Sometimes in simplicity you get to the place you want to get.
  I do not like a lot of words. I believe a few words will say it. Look 
at what we say here:

       Consistent with applicable standards and procedures--

  which means everybody's rights are protected--

     the Department of Justice shall review allegations of 
     impropriety regarding item 462 in section 1934(c) of Public 
     Law 109-59--

  That is the Coconut Road project--

     to ascertain if a violation of Federal criminal law has 
     occurred.

  I think we know enough to warrant this kind of amendment. I think we 
know enough to be concerned. I think we know enough to say to the 
Justice Department: Please pay attention to this. Do your work. Make a 
determination and get on with it because this is very serious.
  I yield the floor.
  The PRESIDING OFFICER. Who yields time in opposition?
  The Senator from Oklahoma.
  Mr. COBURN. Madam President, I will repeat the three points I think 
are important. No. 1 is we do not know enough. The next amendment 
relates to the Justice Department if we do know enough.
  No. 2 is I am very hesitant to set a precedent that invites the 
Justice Department to come into the Senate and House to investigate us.
  No. 3, and finally, the Justice Department does not have to do it 
even if we say they shall. They do not have to do it. There is no force 
of law that we can make the Justice Department come and investigate us. 
If we did, our forefathers would roll over in their graves. That is 
what the separation of powers is all about. When we go directly to the 
Justice Department, we shirk our responsibility to control our own 
house and bring our own Members under it.
  I urge my colleagues to not support this new precedent setting 
seeking of the Justice Department, in violation of the separation of 
powers, to come into the Senate and the House to do an investigation 
before we have done our own investigation to find out the jot and 
tittles.
  I yield the floor.
  Mrs. BOXER. I ask for 10 more seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. I want to make the point, if we pass the Boxer amendment 
today and this bill gets signed into law by the President and we are 
requiring the Justice Department to do this, then they will be breaking 
the law.
  I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mrs. BOXER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),

[[Page 6331]]

the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr. 
Inouye), and the Senator from Illinois (Mr. Obama) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel), 
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr. 
McCain).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``aye.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 64, nays 28, as follows:

                      [Rollcall Vote No. 105 Leg.]

                                YEAS--64

     Akaka
     Baucus
     Bayh
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coleman
     Collins
     Conrad
     Corker
     Dodd
     Dole
     Dorgan
     Durbin
     Feinstein
     Harkin
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Martinez
     McConnell
     Menendez
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Sununu
     Tester
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--28

     Allard
     Barrasso
     Bennett
     Burr
     Byrd
     Coburn
     Cochran
     Cornyn
     Craig
     Crapo
     DeMint
     Domenici
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Kyl
     McCaskill
     Murkowski
     Sessions
     Shelby
     Stevens
     Wicker

                             NOT VOTING--8

     Alexander
     Biden
     Clinton
     Hagel
     Inouye
     Lugar
     McCain
     Obama
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is agreed to.
  Mrs. BOXER. Madam President, I move to reconsider the vote.
  Ms. LANDRIEU. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. REID. For the information of Senators, we have three more votes. 
We are going to be in session tomorrow, but there will be no votes. 
Because of the Passover holiday, on Monday, there will be no votes. We 
expect to have a full, heavy week next week.
  I appreciate the cooperation of Senators this week. As indicated, we 
should be finished within the next hour.


                           Amendment No. 4538

  The PRESIDING OFFICER. There are now 2 minutes equally divided prior 
to a vote on the Coburn amendment.
  Mr. COBURN. Madam President, we have voted an invitation to the 
Justice Department to investigate a rules violation in either the House 
or the Senate. We have set an amazing precedent.
  What we recommend is a bicameral committee made up of four members of 
each body, two from each party, that would report back to the 
appropriate ethics committee or to the Justice Department, if there is, 
in fact, an infraction of law.
  My hope would be that we would take care of the problems in our own 
body. The House would take care of the problems in their body and that 
we would, in fact, give greater than 36 votes to this amendment.
  The PRESIDING OFFICER. Who yields time?
  The Senator from California.
  Mrs. BOXER. Colleagues, this is very important. I wish to commend my 
colleague for bringing this whole issue to the floor of the Senate. But 
I think we have done something important. We have taken his concerns to 
heart, and with a very big vote, we have stated that the Justice 
Department is now required to open an investigation.
  What the Senator does is set up an elaborate commission of Senators, 
of House Members; it is political on its face. It will only put off the 
day until an investigation is done by Justice. Because after having 
this elaborate commission, Senators investigating House Members, House 
Members investigating Senators, it is unconstitutional on its face on 
the speech and debate clause.
  That will bring down this entire bill. Here is the irony of ironies. 
If we bring this bill down, the fix of Coconut Road will fall. We fix 
the Coconut Road problem in this bill.
  I urge you, please say no to this idea because I feel we have done 
the right thing on this matter.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. COBURN. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second. There is a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr. 
Inouye), and the Senator from Illinois (Mr. Obama) are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel), 
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr. 
McCain).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander), would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 49, nays 43, as follows:

                      [Rollcall Vote No. 106 Leg.]

                                YEAS--49

     Allard
     Barrasso
     Bayh
     Bennett
     Bond
     Brownback
     Bunning
     Burr
     Cardin
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Corker
     Cornyn
     Craig
     Crapo
     DeMint
     Dole
     Domenici
     Ensign
     Enzi
     Feingold
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Klobuchar
     Kyl
     Martinez
     McCaskill
     McConnell
     Murkowski
     Nelson (FL)
     Roberts
     Sessions
     Shelby
     Smith
     Specter
     Stevens
     Sununu
     Thune
     Vitter
     Warner
     Wicker

                                NAYS--43

     Akaka
     Baucus
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Carper
     Casey
     Conrad
     Dodd
     Dorgan
     Durbin
     Feinstein
     Harkin
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Menendez
     Mikulski
     Murray
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Snowe
     Stabenow
     Tester
     Voinovich
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--8

     Alexander
     Biden
     Clinton
     Hagel
     Inouye
     Lugar
     McCain
     Obama
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is withdrawn.
  Mrs. BOXER. I move to reconsider the vote.
  Mr. DURBIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. There are now 2 minutes equally divided prior 
to the cloture vote on the substitute amendment.
  The Senator from California.
  Mrs. BOXER. Madam President, we are ready.
  Mr. INHOFE. We are ready.
  Mrs. BOXER. All we want is an ``aye'' vote. Let's get this good bill 
passed. Let's unleash $1 billion worth of good, important projects into 
our communities and create tens of thousands of jobs.
  We appreciate we have come this far. We thank you.
  I yield to my colleague.
  The PRESIDING OFFICER. The Senator from Oklahoma.
  Mr. INHOFE. Madam President, I think we have talked enough on this 
bill. Everyone knows what it is. We

[[Page 6332]]

have to get our road construction programs going. We cannot do it 
without an ``aye'' vote on this motion. I urge you to vote aye.


                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order, pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will state.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     hereby move to bring to a close debate on the Boxer 
     substitute amendment No. 4146 to H.R. 1195, an act to amend 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users, to make technical 
     corrections, and for other purposes.
         Barbara Boxer, Harry Reid, Charles E. Schumer, Frank R. 
           Lautenberg, Jon Tester, Mark L. Pryor, Bernard Sanders, 
           Benjamin L. Cardin, Jeff Bingaman, Patty Murray, 
           Sheldon Whitehouse, Debbie Stabenow, Bill Nelson, John 
           D. Rockefeller, IV, Jack Reed, Ron Wyden, Dianne 
           Feinstein.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call is waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 4146, offered by the Senator from California, to H.R. 
1195, the highway technical corrections bill, shall be brought to a 
close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr. 
Inouye), and the Senator from Illinois (Mr. Obama), are necessarily 
absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel), 
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr. 
McCain).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 90, nays 2, as follows:

                      [Rollcall Vote No. 107 Leg.]

                                YEAS--90

     Akaka
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     DeMint
     Gregg
       

                             NOT VOTING--8

     Alexander
     Biden
     Clinton
     Hagel
     Inouye
     Lugar
     McCain
     Obama
  The PRESIDING OFFICER. On this question, the yeas are 90, the nays 
are 2. Three-fifths of the Senators duly chosen and sworn having voted 
in the affirmative, the motion is agreed to.
  Mr. SPECTER. Madam President, I have sought recognition to speak to 
an amendment to the pending legislation by myself and Senator Casey, 
which would authorize an addition of lane miles in Pennsylvania to the 
Appalachian Development Highway System so that a vital highway project 
can be constructed.
  The Central Susquehanna Valley Thruway project is a proposed 13-mile, 
four-lane limited access highway extending from the Selinsgrove Bypass 
of U.S. Routes 11/15 to PA Route 147 in Northumberland. Because the 
project involves construction of a bridge across the Susquehanna River, 
the estimated cost to construct it is $370 million. The current 
conditions are a major impediment to north-south travel in Central 
Pennsylvania and this project is widely supported by State and local 
elected officials. In addition to the traffic problems it will address, 
the project is a major economic development initiative in the 
predominately rural region between Williamsport and Harrisburg. The 
Pennsylvania Department of Transportation, PENNDOT, has thus far not 
been able to identify the funds necessary to construct this project, 
and neither has the Federal Government. However, it has been suggested 
that if the 12-mile route were added to the Appalachian Development 
Highway System, ADHS, it would open up a new source of funds which 
PENNDOT could use to construct this project.
  The ADHS encompasses 2,600 miles across the Appalachian States and is 
administered by the Appalachian Regional Commission. The intention of 
this highway system is to improve the connectivity of economically 
depressed Appalachian regions with metropolitan areas. Approximately 
500 miles of the ADHS have yet to be completed, including 178 miles 
which need to be completed within Pennsylvania. Although the affected 
counties of Northumberland, Snyder, and Union are within the 
Appalachian region, this 12-mile route in question is not a part of the 
existing ADHS system and therefore does not qualify for ADHS funding.
  This amendment would authorize Federal ADHS assistance for the 13-
mile thruway project. For purposes of connectivity, it would also 
authorize a larger 52-mile segment from I-180 near Williamsport to the 
intersection of U.S. 11/15 and U.S. 22 near Duncannon as part of the 
ADHS. This will connect the 13-mile system to the rest of 
Pennsylvania's existing ADHS system, but the only segment of this 52-
mile addition that would be eligible for funding under the amendment is 
the 13-mile thruway project. Further the amendment provides that this 
addition will not affect Pennsylvania's Federal ADHS apportionment. It 
is important to note that the amendment does not provide more funding 
to Pennsylvania, it simply gives PENNDOT the ability to use existing 
ADHS apportionment funding for this high-priority project.
  Madam President, I also wish to speak to an amendment to the pending 
legislation by myself and Senator Casey, regarding the use of ``toll 
credits'' by the Pennsylvania Department of Transportation, PENNDOT, 
with respect to construction of the U.S. Route 219 highway improvement 
project in Somerset County, PA.
  The Somerset County Commissioners have identified the U.S. Route 219 
improvement project as essential to improving north-south 
transportation mobility and safety in Somerset County. The project 
involves construction of a four-lane, limited access highway connecting 
the towns of Somerset and Meyersdale, PA. A 1999 study conducted by 
PENNDOT noted that this section of U.S. Route 219 has a number of 
deficiencies that cause traffic congestion and high accident rates. The 
project also promises economic benefits by linking motorists with a new 
business park. PENNDOT received approval to conduct environmental and 
engineering studies in 1999 and planned on using ``toll credits'' to 
match $45 million in Federal funds allocated to the project through the 
Appalachian Development Highway System, ADHS, program. However, the 
necessary land was not acquired until 2006, and in the meantime, the 
2005 SAFETEA-LU bill prohibited the use of toll credits as a non-
Federal match requirement to ADHS funds.
  Toll credits are a ``soft-match'' that allow States to substitute 
previous, toll-financed transportation spending as a credit toward the 
match requirement. In doing so, it effectively increases the Federal 
share to 100 percent, thereby reducing the pot of available Federal 
funds. With the limited availability of Federal resources, I can 
understand why Congress would have

[[Page 6333]]

an interest in ensuring that States contribute actual dollars toward 
highway construction projects rather than credits. That is why this 
amendment does not eliminate the prohibition on the use of toll credits 
to match ADHS dollars. This is something that we can debate as we 
consider the next highway and transit authorization bill.
  This amendment provides for a narrow exception to that prohibition. 
It would allow PENNDOT, in the case of U.S. Route 219 only, to use toll 
credits so that this important transportation and economic development 
project can move forward. I believe this exception to the toll credit 
prohibition is warranted at this time because PENNDOT was planning on 
using them when it entered the environmental and engineering phase of 
this project. Without the ability to use credits, I am advised that 
PENNDOT has no matching funds available to finance this project.
  Mr. DODD. Mr. President, the Senate is now debating the SAFETEA-LU 
technical corrections bill. It is regrettable that we had to file 
cloture on the motion to proceed to this bill in order to make progress 
on this legislation. This is a technical corrections bill. It fixes 
mistakes made in the heat of passage of SAFETEA-LU, a bill that was 835 
pages long. These types of technical corrections bills are not at all 
uncommon, and almost always pass with little, if any debate, much less 
disagreement.
  All of the relevant committees the Banking Committee, which has 
jurisdiction over the transit title of the bill, the EPW Committee, 
with highway jurisdiction, and the Commerce Committee, which oversees 
highway safety--have worked together in a bipartisan fashion to produce 
a corrections bill with broad support.
  I thank my colleague and ranking member on the Banking Committee, 
Senator Shelby, for his work in producing this title, which passed the 
Banking Committee unanimously in May of last year. I also want to 
commend EPW Chairman Boxer and Ranking Member Inhofe, as well as 
Commerce Chairman Inouye and Ranking Member Stevens, for their hard 
work on developing this highly technical bill.
  Unfortunately, despite these efforts, we have been blocked from 
moving forward by a small handful of our colleagues. I want to thank 
the majority leader for making time in the Senate's schedule to debate 
this bill.
  Although this is only a corrections bill, it will have a real impact 
for our local communities, which are struggling to keep up with the 
demands of crumbling infrastructure. There are funds that were 
authorized in SAFETEA-LU to help meet these demands, but for technical 
reasons, they have not been distributed. This bill will unlock those 
funds so that they can be used for the purpose for which they were 
intended, which is to shore up our transit systems, our roads and 
bridges--all of the vital components of the transportation network that 
we rely on every day for the safe and efficient movement of people and 
goods.
  The funds that would be unlocked by passage of this bill will allow 
for critical maintenance and capital improvement projects to go forward 
on our roadways; they will allow for dangerous overpasses to be 
replaced; they will allow for transit systems to more efficiently meet 
the needs of their riders; and they will allow for a greater degree of 
safety on our roads and rails.
  And it is important to understand, this bill does not cost a single 
penny. It allows funds that have already been authorized to be 
distributed as intended.
  The Banking Committee reported the transit title of this bill last 
May. We worked closely with our colleagues here in the Senate as well 
as in the House to develop a bipartisan, consensus package. I want to 
again thank my ranking member, Senator Shelby, for his efforts on this 
bill; he has worked hard to try to get this done since the last 
Congress.
  The Banking Committee's title of this bill addresses the drafting 
errors contained in the transit title of SAFETEA-LU and makes necessary 
changes to various project authorizations so that funds can be 
released. In addition, I just want to note that this bill recognizes 
the hard work and leadership of our former colleague, and past chairman 
of the Banking Committee, Senator Paul Sarbanes, by naming the Transit 
in Parks program, which he authored, after him.
  It is more important than ever that we invest in our Nation's transit 
systems. Safe, reliable, and efficient public transportation is 
essential if we are to tackle the growing problems of traffic 
congestion, rising gas prices, and global climate change. Transit 
systems provide significant benefits both to transit riders and to 
others in the community, including employers, property owners, and 
automobile drivers. For example, when people ride transit, the amount 
of time that transit riders and automobile drivers alike spend in 
traffic goes down; in fact, the Texas Transportation Institute has 
estimated that transit saves Americans over $18 billion a year by 
reducing the time they would otherwise waste sitting on clogged 
roadways.
  And, in this era of high gasoline prices, public transportation 
provides an additional benefit: according to economists Robert Shapiro 
and Kevin Hassett, public transportation saves more than 855 million 
gallons of gasoline a year, helping to reduce our dependence on foreign 
oil and providing us with a cleaner, healthier environment.
  Transit ridership is at the highest level in 40 years, and strong 
support for transit is essential in light of this increasing demand. In 
fact, I strongly believe that if we are to keep up with the demands of 
our growing economy, we must renew our commitment to our Nation's 
infrastructure, not just in transportation, but in water systems, 
housing, and other areas. Senator Hagel and I have put forward a 
proposal to create a National Infrastructure Bank, which would leverage 
private investment through tax-credit bonds to fund large-scale, 
regionally or nationally significant infrastructure projects. I held a 
hearing on this proposal last month and I intend to hold another in the 
coming weeks.
  We have an enormous challenge before us in meeting the infrastructure 
needs of our nation. The National Infrastructure Bank is not intended 
to be the only tool in our toolbox; neither is the technical 
corrections bill we are discussing today.
  But passage of the bill now before the Senate would be an essential 
step forward in meeting that challenge. It would put an end to the 
technicalities that are holding up vital funding for road and transit 
improvements. There is no excuse for any further delay in getting these 
funds to the communities which need them.
  Let me take just a moment to address the Administration's Statement 
of Administration Policy opposing one of the provisions in the transit 
title of this bill, related to the transit New Starts program. This 
program, which supports the development and construction of new transit 
systems, is widely recognized for its focus on performance measures and 
accountability. Each applicant for New Starts funds enters a rigorous 
review process based on statutory rating criteria, including factors 
such as mobility improvements, environmental benefits, and cost 
effectiveness. In order to more fully capture the impact that a major 
transit project has on communities, Congress in SAFETEA-LU added 
economic development and land use effects to the statutory list.
  However, the Federal Transit Administration is not applying the 
statutory rating criteria as Congress intended. Instead, the FTA has 
assigned inordinate weight to a few statutory factors, while giving 
others, such as economic development and environmental benefits, only 
minimal weight.
  The language in the technical corrections bill reiterates Congress's 
intent in SAFETEA-LU that each of the factors must be given comparable 
weight when evaluating New Starts grant applications. This language 
passed the House of Representatives last summer as part of their 
technical corrections package.
  I say to my colleagues, I could not disagree more with the position 
the administration is taking on this point. The language in the transit 
title has

[[Page 6334]]

broad bipartisan support, both from the Banking Committee and from the 
House Transportation and Infrastructure Committee. If the 
Administration does not agree with the criteria included in SAFETEA-LU 
for the evaluation of New Starts projects, I would be happy to consider 
their views in the context of the next reauthorization. I intend to 
begin that process later this year and I expect to proceed in an open 
and bipartisan way. In the meantime, the administration's 
responsibility is to implement the law, and unfortunately they have 
failed to do so in this case.
  In conclusion, although it is technical, this is an important bill. 
It has broad bipartisan support on both sides of the Capitol and would 
allow urgently needed funds to be distributed to the States and local 
communities trying to address their transportation needs. I commend it 
to my colleagues and ask for their support.
  Mr. BYRD. Madam President, I am proud to support H.R. 1195, a bill to 
amend the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act, and the benefits that it will provide to West Virginia and the 
rest of the country. However, I must oppose the two amendments offered 
by Senators Boxer and Coburn. Both amendments have the good intention 
of ensuring open and honest government, but I must oppose them because 
of my concerns about their implications, particularly as they may 
impinge on the powers of the legislative branch.
  I applaud the Senators for their attempts to eliminate any waste, 
fraud, and abuse that have plagued the Congress in previous years. As 
chairman of the Appropriations Committee, I have instituted on-line 
access to spending bills, so that the public may see where their tax 
money is being spent. But both of these amendments may inappropriately 
expose Congress to scrutiny by the executive branch by way of the 
Department of Justice.
  Congress is fully capable of proceeding with its own internal 
investigations. Both Houses have bipartisan Ethics Committees that may 
undertake these investigations. If criminal activities are discovered 
in the course of a congressional inquiry, such crimes should then be 
investigated by the appropriate Federal authorities.
  The PRESIDING OFFICER. Under the previous order, the Boxer substitute 
amendment No. 4146, as amended, is agreed to.
  The committee substitute, as amended, is agreed to.
  The question is on the engrossment of the amendments and third 
reading of the bill.
  The amendments were ordered to be engrossed, and the bill to be read 
a third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  Mr. DORGAN. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden), 
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr. 
Inouye), the Senator from Louisiana (Ms. Landrieu), the Senator from 
Illinois (Mr. Obama), and the Senator from Vermont (Mr. Sanders) are 
necessarily absent.
  I further announce that, if present and voting, the Senator from 
Louisiana (Ms. Landrieu) would vote ``yea.''
  Mr. KYL. The following Senators are necessarily absent: the Sentor 
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel), 
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr. 
McCain).
  Further, if present and voting, the Senator from Tennessee (Mr. 
Alexander) would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 88, nays 2, as follows:

                      [Rollcall Vote No. 108 Leg.]

                                YEAS--88

     Akaka
     Allard
     Barrasso
     Baucus
     Bayh
     Bennett
     Bingaman
     Bond
     Boxer
     Brown
     Brownback
     Bunning
     Burr
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     Crapo
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johnson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Martinez
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--2

     DeMint
     Gregg
       

                             NOT VOTING--10

     Alexander
     Biden
     Clinton
     Hagel
     Inouye
     Landrieu
     Lugar
     McCain
     Obama
     Sanders
  The bill (H.R. 1195), as amended, was passed, as follows:

                               H.R. 1195

       Resolved, That the bill from the House of Representatives 
     (H.R. 1195) entitled ``An Act to amend the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users to make technical corrections, and for other 
     purposes.'', do pass with the following amendment:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``SAFETEA-LU 
     Technical Corrections Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                      TITLE I--HIGHWAY PROVISIONS

Sec. 101. Surface transportation technical corrections.
Sec. 102. MAGLEV.
Sec. 103. Projects of national and regional significance and national 
              corridor infrastructure improvement projects.
Sec. 104. Idling reduction facilities.
Sec. 105. Project authorizations.
Sec. 106. Nonmotorized transportation pilot program.
Sec. 107. Correction of Interstate and National Highway System 
              designations.
Sec. 108. Budget justification; buy America.
Sec. 109. Transportation improvements.
Sec. 110. I-95/Contee Road interchange design.
Sec. 111. Highway research funding.
Sec. 112. Rescission.
Sec. 113. TEA-21 technical corrections.
Sec. 114. High priority corridor and innovative project technical 
              corrections.
Sec. 115. Definition of repeat intoxicated driver law.
Sec. 116. Research technical correction.
Sec. 117. Buy America waiver notification and annual reports.
Sec. 118. Efficient use of existing highway capacity.
Sec. 119. Future interstate designation.
Sec. 120. Project flexibility.
Sec. 121. Effective date.

                      TITLE II--TRANSIT PROVISIONS

Sec. 201. Transit technical corrections.

           TITLE III--OTHER SURFACE TRANSPORTATION PROVISIONS

Sec. 301. Technical amendments relating to motor carrier safety.
Sec. 302. Technical amendments relating to hazardous materials 
              transportation.
Sec. 303. Highway safety.
Sec. 304. Correction of study requirement regarding on-scene motor 
              vehicle collision causation.
Sec. 305. Motor carrier transportation registration.
Sec. 306. Applicability of Fair Labor Standards Act requirements and 
              limitation on liability.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Conveyance of GSA Fleet Management Center to Alaska Railroad 
              Corporation.
Sec. 402. Conveyance of retained interest in St. Joseph Memorial Hall.

                       TITLE V--OTHER PROVISIONS

Sec. 501. De Soto County, Mississippi.
Sec. 502. Department of Justice review.

                      TITLE I--HIGHWAY PROVISIONS

     SEC. 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS.

       (a) Correction of Internal References in Disadvantaged 
     Business Enterprises.--Paragraphs (3)(A) and (5) of section 
     1101(b) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1156) are amended by striking ``paragraph (1)'' each place it 
     appears and inserting ``paragraph (2)''.
       (b) Correction of Distribution of Obligation Authority.--
     Section 1102(c)(5) of the Safe,

[[Page 6335]]

     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1158) is amended by striking 
     ``among the States''.
       (c) Correction of Federal Lands Highways.--Section 1119 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1190) is amended by 
     striking subsection (m) and inserting the following:
       ``(m) Forest Highways.--Of the amounts made available for 
     public lands highways under section 1101--
       ``(1) not more than $20,000,000 for each fiscal year may be 
     used for the maintenance of forest highways;
       ``(2) not more than $1,000,000 for each fiscal year may be 
     used for signage identifying public hunting and fishing 
     access; and
       ``(3) not more than $10,000,000 for each fiscal year shall 
     be used by the Secretary of Agriculture to pay the costs of 
     facilitating the passage of aquatic species beneath forest 
     roads (as defined in section 101(a) of title 23, United 
     States Code), including the costs of constructing, 
     maintaining, replacing, and removing culverts and bridges, as 
     appropriate.''.
       (d) Correction of Description of National Corridor 
     Infrastructure Improvement Project.--Item number 1 of the 
     table contained in section 1302(e) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1205) is amended in the State column by 
     inserting ``LA,'' after ``TX,''.
       (e) Correction of High Priority Designations.--
       (1) Kentucky high priority corridor designation.--Section 
     1105(c)(18)(E) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 189; 115 
     Stat. 872) is amended by inserting before the period at the 
     end the following: ``, follow Interstate Route 24 to the 
     Wendell H. Ford Western Kentucky Parkway, then utilize the 
     existing Wendell H. Ford Western Kentucky Parkway and Edward 
     T. Breathitt (Pennyrile) Parkway to Henderson''.
       (2) Interstate route 376 high priority designation.--
       (A) In general.--Section 1105(c)(79) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2032; 119 Stat. 1213) is amended by striking ``and on United 
     States Route 422''.
       (B) Conforming amendment.--Section 1105(e)(5)(B)(i)(I) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2033; 119 Stat. 1213) is amended by striking ``and 
     United States Route 422''.
       (f) Correction of Infrastructure Finance Section.--Section 
     1602(d)(1) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1247) is amended by striking ``through 189 as sections 601 
     through 609, respectively'' and inserting ``through 190 as 
     sections 601 through 610, respectively''.
       (g) Correction of Project Federal Share.--Section 1964(a) 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1519) is amended--
       (1) by striking ``only for the States of Alaska, Montana, 
     Nevada, North Dakota, Oregon, and South Dakota,''; and
       (2) by striking ``section 120(b)'' and inserting ``section 
     120''.
       (h) Transportation Systems Management and Operations 
     Defined.--Section 101(a) of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(39) Transportation systems management and operations.--
       ``(A) In general.--The term `transportation systems 
     management and operations' means an integrated program to 
     optimize the performance of existing infrastructure through 
     the implementation of multimodal and intermodal, cross-
     jurisdictional systems, services, and projects designed to 
     preserve capacity and improve security, safety, and 
     reliability of the transportation system.
       ``(B) Inclusions.--The term `transportation systems 
     management and operations' includes--
       ``(i) regional operations collaboration and coordination 
     activities between transportation and public safety agencies; 
     and
       ``(ii) improvements to the transportation system, such as 
     traffic detection and surveillance, arterial management, 
     freeway management, demand management, work zone management, 
     emergency management, electronic toll collection, automated 
     enforcement, traffic incident management, roadway weather 
     management, traveler information services, commercial vehicle 
     operations, traffic control, freight management, and 
     coordination of highway, rail, transit, bicycle, and 
     pedestrian operations.''.
       (i) Correction of Reference in Apportionment of Highway 
     Safety Improvement Program Funds.--Effective October 1, 2007, 
     section 104(b)(5)(A)(iii) of title 23, United States Code, is 
     amended by striking ``the Federal-aid system'' each place it 
     appears and inserting ``Federal-aid highways''.
       (j) Correction of Amendment To Advance Construction.--
     Section 115 of title 23, United States Code, is amended by 
     redesignating subsection (d) as subsection (c).
       (k) Correction of High Priority Projects.--Section 117 of 
     title 23, United States Code, is amended--
       (1) by redesignating subsections (d) through (h) as 
     subsections (e) through (i), respectively;
       (2) by redesignating the second subsection (c) (relating to 
     Federal share) as subsection (d);
       (3) in subsection (a)(2)(A) by inserting ``(112 Stat. 
     257)'' after ``21st Century''; and
       (4) in subsection (a)(2)(B)--
       (A) by striking ``subsection (b)'' and inserting 
     ``subsection (c)''; and
       (B) by striking ``SAFETEA-LU'' and inserting ``Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256)''.
       (l) Correction of Transfer of Unused Protective-Device 
     Funds to Other Highway Safety Improvement Program Projects.--
     Section 130(e)(2) of title 23, United States Code, is amended 
     by striking ``purposes under this subsection'' and inserting 
     ``highway safety improvement program purposes''.
       (m) Correction of Highway Bridge Program.--
       (1) In general.--Section 144 of title 23, United States 
     Code, is amended--
       (A) in the section heading by striking ``replacement and 
     rehabilitation'';
       (B) in subsections (b), (c)(1), and (e) by striking 
     ``Federal-aid system'' each place it appears and inserting 
     ``Federal-aid highway'';
       (C) in subsections (c)(2) and (o) by striking ``the 
     Federal-aid system'' each place it appears and inserting 
     ``Federal-aid highways'';
       (D) in the heading to paragraph (4) of subsection (d) by 
     inserting ``systematic'' before ``preventive'';
       (E) in subsection (e) by striking ``off-system bridges'' 
     each place it appears and inserting ``bridges not on Federal-
     aid highways'';
       (F) by striking subsection (f);
       (G) by redesignating subsections (g) through (s) as 
     subsections (f) through (r), respectively;
       (H) in paragraph (1)(A)(vi) of subsection (f) (as 
     redesignated by subparagraph (G) of this paragraph) by 
     inserting ``and the removal of the Missisquoi Bay causeway'' 
     after ``Bridge'';
       (I) in paragraph (2) of subsection (f) (as redesignated by 
     subparagraph (G) of this paragraph) by striking the paragraph 
     heading and inserting ``Bridges not on federal-aid 
     highways'';
       (J) in subsection (m) (as redesignated by subparagraph (G) 
     of this paragraph) by striking the subsection heading and 
     inserting ``Program for Bridges Not on Federal-Aid 
     Highways''; and
       (K) in subsection (n)(4)(B) (as redesignated by 
     subparagraph (G) of this paragraph) by striking ``State 
     highway agency'' and inserting ``State transportation 
     department''.
       (2) Special conditions.--Section 1114 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59; 119 Stat. 1172) is 
     amended by adding at the end the following:
       ``(h) Special Conditions.--Any unobligated or unexpended 
     funds remaining on completion of the project carried out 
     under section 144(f)(1)(A)(vi) of title 23, United States 
     Code, shall be made available to carry out the project 
     described in section 144(f)(1)(A)(vii) of that title after 
     the date on which the Vermont Agency of Transportation 
     certifies to the Federal Highway Administration the final 
     determination of the agency regarding the removal of the 
     Missisquoi Bay causeway.''.
       (3) Conforming amendments.--
       (A) Metropolitan planning.--Section 104(f)(1) of title 23, 
     United States Code, is amended by striking ``replacement and 
     rehabilitation''.
       (B) Equity bonus program.--Subsections (a)(2)(C) and 
     (b)(2)(C) of section 105 of such title are amended by 
     striking ``replacement and rehabilitation'' each place it 
     appears.
       (C) Analysis.--The analysis for chapter 1 of such title is 
     amended in the item relating to section 144 by striking 
     ``replacement and rehabilitation''.
       (n) Metropolitan Transportation Planning.--Section 134 of 
     title 23, United States Code, is amended--
       (1) in subsection (f)(3)(C)(ii) by striking subclause (II) 
     and inserting the following:

       ``(II) Funding.--For fiscal year 2008 and each fiscal year 
     thereafter, in addition to other funds made available to the 
     metropolitan planning organization for the Lake Tahoe region 
     under this title and chapter 53 of title 49, prior to any 
     allocation under section 202 of this title and 
     notwithstanding the allocation provisions of section 202, the 
     Secretary shall set aside \1/2\ of 1 percent of all funds 
     authorized to be appropriated for such fiscal year to carry 
     out section 204 and shall make such funds available to the 
     metropolitan planning organization for the Lake Tahoe region 
     to carry out the transportation planning process, 
     environmental reviews, preliminary engineering, and design to 
     complete environmental documentation for transportation 
     projects for the Lake Tahoe region under the Tahoe Regional 
     Planning Compact as consented to in Public Law 96-551 (94 
     Stat. 3233) and this paragraph.'';

       (2) in subsection (j)(3)(D) by inserting ``or the 
     identified phase'' after ``the project'' each place it 
     appears; and
       (3) in subsection (k)(2) by striking ``a metropolitan 
     planning area serving''.
       (o) Correction of National Scenic Byways Program 
     Coverage.--Section 162 of title 23, United States Code, is 
     amended--
       (1) in subsection (a)(3)(B) by striking ``a National Scenic 
     Byway under subparagraph (A)'' and inserting ``a National 
     Scenic Byway, an All-American Road, or one of America's 
     Byways under paragraph (1)''; and
       (2) in subsection (c)(3) by striking ``or All-American 
     Road'' each place it appears and inserting ``All-American 
     Road, or one of America's Byways''.
       (p) Correction of Reference in Toll Provision.--Section 
     166(b)(5)(C) of title 23, United

[[Page 6336]]

     States Code, is amended by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)''.
       (q) Correction of Recreational Trails Program Apportionment 
     Exceptions.--Section 206(d)(3)(A) of title 23, United States 
     Code, is amended by striking ``(B), (C), and (D)'' and 
     inserting ``(B) and (C)''.
       (r) Correction of Infrastructure Finance.--Section 
     601(a)(3) of title 23, United States Code, is amended by 
     inserting ``bbb minus, BBB (low),'' after ``Baa3,''.
       (s) Correction of Miscellaneous Typographical Errors.--
       (1) Section 1401 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1226) is amended by redesignating subsections (d) and 
     (e) as subsections (c) and (d), respectively.
       (2) Section 1404(e) of such Act (119 Stat. 1229) is amended 
     by inserting ``tribal,'' after ``local,''.
       (3) Section 10211(b)(2) of such Act (119 Stat. 1937) is 
     amended by striking ``plan administer'' and inserting ``plan 
     and administer''.
       (4) Section 10212(a) of such Act (119 Stat. 1937) is 
     amended--
       (A) by inserting ``equity bonus,'' after ``minimum 
     guarantee,'';
       (B) by striking ``freight intermodal connectors'' and 
     inserting ``railway-highway crossings'';
       (C) by striking ``high risk rural road,''; and
       (D) by inserting after ``highway safety improvement 
     programs'' the following: ``(and separately the set aside for 
     the high risk rural road program)''.

     SEC. 102. MAGLEV.

       (a) Funding.--Section 1101(a)(18) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1155) is amended by striking ``Act--'' and 
     all that follows through the end of the paragraph and 
     inserting ``Act, $45,000,000 for each of fiscal years 2008 
     and 2009.''.
       (b) Contract Authority.--Section 1307 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1217) is amended by adding at the 
     end the following:
       ``(e) Contract Authority.--Funds authorized under section 
     1101(a)(18) shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code; except that the funds shall not 
     be transferable and shall remain available until expended, 
     and the Federal share of the cost of a project to be carried 
     out with such funds shall be 80 percent.''.
       (c) Allocation.--Section 1307 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1217) is amended by striking subsection (d) 
     and inserting the following:
       ``(d) Allocation.--Of the amounts made available to carry 
     out this section for a fiscal year, the Secretary shall 
     allocate--
       ``(1) 50 percent to the Nevada department of transportation 
     who shall cooperate with the California-Nevada Super Speed 
     Train Commission for the MAGLEV project between Las Vegas and 
     Primm, Nevada, as a segment of the high-speed MAGLEV system 
     between Las Vegas, Nevada, and Anaheim, California; and
       ``(2) 50 percent for existing MAGLEV projects located east 
     of the Mississippi River using such criteria as the Secretary 
     deems appropriate.''.
       (d) Effective Date.--The amendments made by this section 
     take effect on October 1, 2007.

     SEC. 103. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE AND 
                   NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT 
                   PROJECTS.

       (a) Project of National and Regional Significance.--The 
     table contained in section 1301(m) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity: A Legacy for Users 
     (119 Stat. 1203) is amended--
       (1) in item number 4 by striking the project description 
     and inserting ``$7,400,000 for planning, design, and 
     construction of a new American border plaza at the Blue Water 
     Bridge in or near Port Huron; $12,600,000 for integrated 
     highway realignment and grade separations at Port Huron to 
     eliminate road blockages from NAFTA rail traffic'';
       (2) in item number 19 by striking the project description 
     and inserting ``For purposes of construction and other 
     related transportation improvements associated with the rail 
     yard relocation in the vicinity of Santa Teresa''; and
       (3) in item number 22 by striking the project description 
     and inserting ``Redesign and reconstruction of interchanges 
     298 and 299 of I-80 and accompanying improvements to any 
     other public roads in the vicinity, Monroe County''.
       (b) National Corridor Infrastructure Improvement Project.--
     The table contained in section 1302(e) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1205) is amended in item number 
     23 by striking the project description and inserting 
     ``Improvements to State Road 312, Hammond''.

     SEC. 104. IDLING REDUCTION FACILITIES.

       Section 111(d) of title 23, United States Code, is 
     repealed.

     SEC. 105. PROJECT AUTHORIZATIONS.

       (a) Project Modifications.--The table contained in section 
     1702 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1256) is amended--
       (1) in item number 34 by striking the project description 
     and inserting ``Removal and Reconfiguration of Interstate 
     ramps, I-40, Memphis'';
       (2) by striking item number 61;
       (3) in item number 87 by striking the project description 
     and inserting ``M-291 highway outer road improvement 
     project'';
       (4) in item number 128 by striking ``$2,400,000'' and 
     inserting ``$4,800,000'';
       (5) in item number 154 by striking ``Virginia'' and 
     inserting ``Eveleth'';
       (6) in item number 193 by striking the project description 
     and inserting ``Improvements to or access to Route 108 to 
     enhance access to the business park near Rumford'';
       (7) in item number 240 by striking ``$800,000'' and 
     inserting ``$2,400,000'';
       (8) by striking item number 248;
       (9) in item number 274 by striking the project description 
     and inserting ``Intersection improvements at Belleville and 
     Ecorse Roads and approach roadways, and widen Belleville Road 
     from Ecorse to Tyler, Van Buren Township, Michigan'';
       (10) in item number 277 by striking the project description 
     and inserting ``Construct connector road from Rushing Drive 
     North to Grand Ave., Williamson County'';
       (11) in item number 395 by striking the project description 
     and inserting ``Plan and construct interchange at I-65, from 
     existing SR-109 to I-65'';
       (12) in item number 463 by striking ``Cookeville'' and 
     inserting ``Putnam County'';
       (13) in item number 576 by striking the project description 
     and inserting ``Design, right-of-way acquisition, and 
     construction of Nebraska Highway 35 between Norfolk and South 
     Sioux City, including an interchange at Milepost 1 on I-
     129'';
       (14) in item number 595 by striking ``Street Closure at'' 
     and inserting ``Transportation improvement project near'';
       (15) in item number 649 by striking the project description 
     and inserting ``Construction and enhancement of the Fillmore 
     Avenue Corridor, Buffalo'';
       (16) in item number 655 by inserting ``, safety improvement 
     construction,'' after ``Environmental studies'';
       (17) in item number 676 by striking the project description 
     and inserting ``St. Croix River crossing project, Wisconsin 
     State Highway 64, St. Croix County, Wisconsin, to Minnesota 
     State Highway 36, Washington County'';
       (18) in item number 770 by striking the project description 
     and inserting ``Improve existing Horns Hill Road in North 
     Newark, Ohio, from Waterworks Road to Licking Springs Road'';
       (19) in item number 777 by striking the project description 
     and inserting ``Akutan Airport access'';
       (20) in item number 829 by striking the project description 
     and inserting ``$400,000 to conduct New Bedford/Fairhaven 
     Bridge modernization study; $1,000,000 to design and build 
     New Bedford Business Park access road'';
       (21) in item number 881 by striking the project description 
     and inserting ``Pedestrian safety improvements near North 
     Atlantic Boulevard, Monterey Park'';
       (22) in item number 923 by striking the project description 
     and inserting ``Improve safety of a horizontal curve on 
     Clarksville St. 0.25 miles north of 275th Rd. in Grandview 
     Township, Edgar County'';
       (23) in item number 947 by striking the project description 
     and inserting ``Third East/West River Crossing, St. Lucie 
     River'';
       (24) in item numbers 959 and 3327 by striking ``Northern 
     Section,'' each place it appears;
       (25) in item number 963 by striking the project description 
     and inserting ``For engineering, right-of-way acquisition, 
     and reconstruction of 2 existing lanes on Manhattan Road from 
     Baseline Road to Route 53'';
       (26) in item number 983 by striking the project description 
     and inserting ``Land acquisition for highway mitigation in 
     Cecil, Kent, Queen Annes, and Worcester Counties'';
       (27) in item number 1039 by striking the project 
     description and inserting ``Widen State Route 98, including 
     storm drain developments, from D. Navarro Avenue to State 
     Route 111'';
       (28) in item number 1047 by striking the project 
     description and inserting ``Bridge and road work at Little 
     Susitna River Access road in Matanuska-Susitna Borough'';
       (29) in item number 1124 by striking ``bridge over 
     Stillwater River, Orono'' and inserting ``routes'';
       (30) in item number 1206 by striking ``Pleasantville'' and 
     inserting ``Briarcliff Manor'';
       (31) in item number 1281 by striking the project 
     description and inserting ``Upgrade roads in Attala County 
     District 4 (Roads 4211 and 4204), Kosciusko, Ward 2, and 
     Ethel, Attala County'';
       (32) in item number 1487 by striking ``$800,000'' and 
     inserting ``$1,600,000'';
       (33) in item number 1575 by striking the project 
     description and inserting ``Highway and road signage, and 
     traffic signal synchronization and upgrades, in Shippensburg 
     Boro, Shippensburg Township, and surrounding 
     municipalities'';
       (34) in item number 1661 by striking the project 
     description and inserting ``Sheldon West Extension in 
     Matanuska-Susitna Borough'';
       (35) in item number 1810 by striking the project 
     description and inserting ``Design, engineering, ROW 
     acquisition, construction, and construction engineering for 
     the reconstruction of TH 95, from 12th Avenue to CSAH 13, 
     including bridge and approaches, ramps, intersecting 
     roadways, signals, turn lanes, and multiuse trail, North 
     Branch'';
       (36) in item number 1852 by striking ``Milepost 9.3'' and 
     inserting ``Milepost 24.3'';
       (37) in item numbers 1926 and 2893 by striking the project 
     descriptions and inserting ``Grading, paving roads, and the 
     transfer of rail-to-truck for the intermodal facility at 
     Rickenbacker Airport, Columbus, Ohio'';

[[Page 6337]]

       (38) in item number 1933 by striking the project 
     description and inserting ``Enhance Byzantine Latino Quarter 
     transit plazas at Normandie and Pico, and Hoover and Pico, 
     Los Angeles, by improving streetscapes, including expanding 
     concrete and paving'';
       (39) in item number 1975 by striking the project 
     description and inserting ``Point MacKenzie Access Road 
     improvements in Matanuska-Susitna Borough'';
       (40) in item number 2015 by striking the project 
     description and amount and inserting ``Heidelberg Borough/
     Scott Township/Carnegie Borough for design, engineering, 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting and safety upgrades, and parking 
     improvements'' and ``$2,000,000'', respectively;
       (41) in item number 2087 by striking the project 
     description and inserting ``Railroad crossing improvement on 
     Illinois Route 82 in Geneseo'';
       (42) in item number 2211 by striking the project 
     description and inserting ``Construct road projects and 
     transportation enhancements as part of or connected to 
     RiverScape Phase III, Montgomery County, Ohio'';
       (43) in item number 2234 by striking the project 
     description and amount and inserting ``North Atherton Signal 
     Coordination Project in Centre County'' and ``$400,000'', 
     respectively;
       (44) in item number 2316 by striking the project 
     description and inserting ``Construct a new bridge at Indian 
     Street, Martin County'';
       (45) in item number 2420 by striking the project 
     description and inserting ``Preconstruction and construction 
     activities of U.S. 51 between the Assumption Bypass and 
     Vandalia'';
       (46) in item number 2482 by striking ``Country'' and 
     inserting ``County'';
       (47) in item number 2663 by striking the project 
     description and inserting ``Rosemead Boulevard safety 
     enhancement and beautification, Temple City'';
       (48) in item number 2671 by striking ``from 2 to 5 lanes 
     and improve alignment within rights-of-way in St. George'' 
     and inserting ``, St. George'';
       (49) in item number 2743 by striking the project 
     description and inserting ``Improve safety of culvert 
     replacement on 250th Rd. between 460th St. and Cty Hwy 20 in 
     Grandview Township, Edgar County'';
       (50) by striking item number 2800;
       (51) in item number 2826 by striking ``State Street and 
     Cajon Boulevard'' and inserting ``Palm Avenue'';
       (52) in item number 2931 by striking ``Frazho Road'' and 
     inserting ``Martin Road'';
       (53) in item number 3047 by inserting ``and roadway 
     improvements'' after ``safety project'';
       (54) in item number 3078 by striking the project 
     description and inserting ``U.S. 2/Sultan Basin Road 
     improvements in Sultan'';
       (55) in item number 3174 by striking the project 
     description and inserting ``Improving Outer Harbor access 
     through planning, design, construction, and relocations of 
     Southtowns Connector-NY Route 5, Fuhrmann Boulevard, and a 
     bridge connecting the Outer Harbor to downtown Buffalo at the 
     Inner Harbor'';
       (56) in item number 3219 by striking ``Forest'' and 
     inserting ``Warren'';
       (57) in item number 3254 by striking the project 
     description and inserting ``Reconstruct PA Route 274/34 
     Corridor, Perry County'';
       (58) in item number 3260 by striking ``Lake Shore Drive'' 
     and inserting ``Lakeshore Drive and parking facility/entrance 
     improvements serving the Museum of Science and Industry'';
       (59) in item number 3368 by striking the project 
     description and inserting ``Plan, design, and engineering, 
     Ludlam Trail, Miami'';
       (60) in item number 3410 by striking the project 
     description and inserting ``Design, purchase land, and 
     construct sound walls along the west side of I-65 from 
     approximately 950 feet south of the Harding Place interchange 
     south to Hogan Road'';
       (61) in item number 3537 by inserting ``and the study of 
     alternatives along the North South Corridor,'' after 
     ``Valley'';
       (62) in item number 3582 by striking the project 
     description and inserting ``Improving Outer Harbor access 
     through planning, design, construction, and relocations of 
     Southtowns Connector-NY Route 5, Fuhrmann Boulevard, and a 
     bridge connecting the Outer Harbor to downtown Buffalo at the 
     Inner Harbor'';
       (63) in item number 3604 by inserting ``/Kane Creek 
     Boulevard'' after ``500 West'';
       (64) in item number 3632 by striking the State, project 
     description, and amount and inserting ``FL'', ``Pine Island 
     Road pedestrian overpass, city of Tamarac'', and 
     ``$610,000'', respectively;
       (65) in item number 3634 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``FL'', ``West Avenue Bridge, city of Miami Beach'', and 
     ``$620,000'', respectively;
       (66) in item number 3673 by striking the project 
     description and inserting ``Improve marine dry-dock and 
     facilities in Ketchikan'';
       (67) in item number 2942 by striking the project 
     description and inserting ``Redesigning the intersection of 
     Business U.S. 322/High Street and Rosedale Avenue and 
     constructing a new East Campus Drive between High Street 
     (U.S. 322) and Matlock Street at West Chester University, 
     West Chester, Pennsylvania'';
       (68) in item number 2781 by striking the project 
     description and inserting ``Highway and road signage, road 
     construction, and other transportation improvement and 
     enhancement projects on or near Highway 26, in Riverton and 
     surrounding areas'';
       (69) in item number 2430 by striking ``200 South 
     Interchange'' and inserting ``400 South Interchange'';
       (70) by striking item number 20;
       (71) in item number 424 by striking ``$264,000'' and 
     inserting ``$644,000'';
       (72) in item number 1210 by striking the project 
     description and inserting ``Town of New Windsor--Riley Road, 
     Shore Drive, and area road improvements'';
       (73) by striking item numbers 68, 905, and 1742;
       (74) in item number 1059 by striking ``$240,000'' and 
     inserting ``$420,000'';
       (75) in item number 2974 by striking ``$120,000'' and 
     inserting ``$220,000'';
       (76) by striking item numbers 841, 960, and 2030;
       (77) in item number 1278 by striking ``$740,000'' and 
     inserting ``$989,600'';
       (78) in item number 207 by striking ``$13,600,000'' and 
     inserting ``$13,200,000'';
       (79) in item number 2656 by striking ``$12,228,000'' and 
     inserting ``$8,970,000'';
       (80) in item number 1983 by striking ``$1,600,000'' and 
     inserting ``$1,000,000'';
       (81) in item number 753 by striking ``$2,700,000'' and 
     inserting ``$3,200,000'';
       (82) in item number 64 by striking ``$6,560,000'' and 
     inserting ``$8,480,000'';
       (83) in item number 2338 by striking ``$1,600,000'' and 
     inserting ``$1,800,000'';
       (84) in item number 1533 by striking ``$392,000'' and 
     inserting ``$490,000'';
       (85) in item number 1354 by striking ``$40,000'' and 
     inserting ``$50,000'';
       (86) in item number 3106 by striking ``$400,000'' and 
     inserting ``$500,000'';
       (87) in item number 799 by striking ``$1,600,000'' and 
     inserting ``$2,000,000'';
       (88) in item number 159--
       (A) by striking ``Construct interchange for 146th St. and 
     I-69'' and inserting ``Upgrade 146th St. to I-69 Access''; 
     and
       (B) by striking ``$2,400,000'' and inserting 
     ``$3,200,000'';
       (89) by striking item number 2936;
       (90) in item number 3138 by striking the project 
     description and inserting ``Elimination of highway-railway 
     crossing along the KO railroad from Salina to Osborne to 
     increase safety and reduce congestion'';
       (91) in item number 2274 by striking ``between Farmington 
     and Merriman'' and inserting ``between Hines Drive and 
     Inkster, Flamingo Street between Ann Arbor Trail and Joy 
     Road, and the intersection of Warren Road and Newburgh 
     Road'';
       (92) in item number 52 by striking the project description 
     and inserting ``Pontiac Trail between E. Liberty and McHattie 
     Street'';
       (93) in item number 1544 by striking ``connector'';
       (94) in item number 2573 by striking the project 
     description and inserting ``Rehabilitation of Sugar Hill Road 
     in North Salem, NY'';
       (95) in item number 1450 by striking ``III-VI'' and 
     inserting ``III-VII'';
       (96) in item number 2637 by striking the project 
     description and inserting ``Construction, road and safety 
     improvements in Geauga County, OH'';
       (97) in item number 2342 by striking the project 
     description and inserting ``Streetscaping, bicycle trails, 
     and related improvements to the I-90/SR-615 interchange and 
     adjacent area and Heisley Road in Mentor, including 
     acquisition of necessary right-of-way within the Newell Creek 
     development to build future bicycle trails and bicycle 
     staging areas that will connect into the existing bicycle 
     trail system at I-90/SR-615, widening the Garfield Road 
     Bridge over I-90 to provide connectivity to the existing 
     bicycle trail system between the I-90/SR-615 interchange and 
     Lakeland Community College, and acquisition of additional 
     land needed for the preservation of the Lake Metroparks 
     Greenspace Corridor with the Newell Creek development 
     adjacent to the I-90/SR-615 interchange'';
       (98) in item number 161 by striking the project description 
     and inserting ``Construct False Pass causeway and road to the 
     terminus of the south arm  breakwater project'';
       (99) in item number 2002 by striking the project 
     description and inserting ``Dowling Road extension/
     reconstruction west from Minnesota Drive to Old Seward 
     Highway, Anchorage'';
       (100) in item number 2023 by striking the project 
     description and inserting ``Biking and pedestrian trail 
     construction, Kentland'';
       (101) in item number 2035 by striking ``Replace'' and 
     inserting ``Repair'';
       (102) in item number 2511 by striking ``Replace'' and 
     inserting ``Rehabilitate'';
       (103) in item number 2981 by striking the project 
     description and inserting ``Roadway improvements on Highway 
     262 on the Navajo Nation in Aneth'';
       (104) in item number 2068 by inserting ``and approaches'' 
     after ``capacity'';
       (105) in item number 98 by striking the project description 
     and inserting ``Right-of-way acquisition and construction for 
     the 77th Street reconstruction project, including the Lyndale 
     Avenue Bridge over I-494, Richfield'';
       (106) in item number 1783 by striking the project 
     description and inserting ``Clark Road access improvements, 
     Jacksonville'';
       (107) in item number 2711 by striking the project 
     description and inserting ``Main Street Road Improvements 
     through Springfield, Jacksonville'';
       (108) in item number 3485 by striking the project 
     description and inserting ``Improve SR 105 (Hecksher Drive) 
     from Drummond Point to August Road, including bridges across 
     the Broward River and Dunns Creek, Jacksonville'';

[[Page 6338]]

       (109) in item number 3486 by striking the project 
     description and inserting ``Construct improvements to NE 19th 
     Street/NE 19th Terrace from NE 3rd Avenue to NE 8th Avenue, 
     Gainesville'';
       (110) in item number 3487 by striking the project 
     description and inserting ``Construct improvements to NE 25th 
     Street from SR 26 (University Blvd.) to NE 8th Avenue, 
     Gainesville'';
       (111) in item number 803 by striking ``St. Clair County'' 
     and inserting ``city of Madison'';
       (112) in item number 615 by striking the project 
     description and inserting ``Roadway improvements to Jackson 
     Avenue between Jericho Turnpike and Teibrook Avenue'';
       (113) by striking item number 889;
       (114) in item number 324 by striking the project 
     description and inserting ``Alger County, to reconstruct, 
     pave, and realign a portion of H-58 from 2,600 feet south of 
     Little Beaver Lake Road to 4,600 feet east of Hurricane 
     River'';
       (115) in item number 301 by striking the project 
     description and inserting ``Improvements for St. Georges 
     Avenue between East Baltimore Avenue on the southwest and 
     Chandler Avenue on the northeast'';
       (116) in item number 1519 by inserting ``at the 
     intersection of Quincy/West Drinker/Electric Streets near the 
     Dunmore School complex'' after ``roadway redesign'';
       (117) in item number 2604 by inserting ``on Coolidge, 
     Bridge (from Main to Monroe), Skytop (from Gedding to 
     Skytop), Atwell (from Bear Creek Rd. to Pittston Township), 
     Wood (to Bear Creek Rd.), Pine, Oak (from Penn Avenue to 
     Lackawanna Avenue), McLean, Second, and Lolli Lane'' after 
     ``roadway redesign'';
       (118) in item number 1157 by inserting ``on Mill Street 
     from Prince Street to Roberts Street, John Street from 
     Roberts Street to end, Thomas Street from Roberts Street to 
     end, Williams Street from Roberts Street to end, Charles 
     Street from Roberts Street to end, Fair Street from Roberts 
     Street to end, Newport Avenue from East Kirmar Avenue to 
     end'' after ``roadway redesign'';
       (119) in item number 805 by inserting ``on Oak Street from 
     Stark Street to the township line at Mayock Street and on 
     East Mountain Boulevard'' after ``roadway redesign'';
       (120) in item number 2704 by inserting ``on West Cemetery 
     Street and Frederick Courts'' after ``roadway redesign'';
       (121) in item number 4599 by striking the project 
     description and inserting ``Pedestrian paths, stairs, 
     seating, landscaping, lighting, and other transportation 
     enhancement activities along Riverside Boulevard and at 
     Riverside Park South'';
       (122) in item number 1363 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, handicap access ramps, 
     parking, and roadway redesign on Bilbow Street from Church 
     Street to Pugh Street, on Pugh Street from Swallow Street to 
     Main Street, Jones Lane from Main Street to Hoblak Street, 
     Cherry Street from Green Street to Church Street, Main Street 
     from Jackson Street to end, Short Street from Cherry Street 
     to Main Street, and Hillside Avenue in Edwardsville Borough, 
     Luzerne County'';
       (123) in item number 883 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, parking, roadway redesign, and safety 
     improvements (including curbing, stop signs, crosswalks, and 
     pedestrian sidewalks) at and around the 3-way intersection 
     involving Susquehanna Avenue, Erie Street, and Second Street 
     in West Pittston, Luzerne County'';
       (124) in item number 625 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, and roadway 
     redesign on Sampson Street, Dunn Avenue, Powell Street, 
     Josephine Street, Pittston Avenue, Railroad Street, McClure 
     Avenue, and Baker Street in Old Forge Borough, Lackawanna 
     County'';
       (125) in item number 372 by inserting ``, replacement of 
     the Nesbitt Street Bridge, and placement of a guard rail 
     adjacent to St. Vladimir's Cemetery on Mountain Road (S.R. 
     1007)'' after ``roadway redesign'';
       (126) in item number 2308 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, and roadway 
     redesign, including a project to establish emergency access 
     to Catherino Drive from South Valley Avenue in Throop 
     Borough, Lackawanna County'';
       (127) in item number 967 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, roadway 
     redesign, and catch basin restoration and replacement on 
     Cherry Street, Willow Street, Eno Street, Flat Road, Krispin 
     Street, Parrish Street, Carver Street, Church Street, 
     Franklin Street, Carolina Street, East Main Street, and Rear 
     Shawnee Avenue in Plymouth Borough, Luzerne County'';
       (128) in item number 989 by inserting ``on Old Ashley Road, 
     Ashley Street, Phillips Street, First Street, Ferry Road, and 
     Division Street'' after ``roadway redesign'';
       (129) in item number 342 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, roadway 
     redesign, and cross pipe and catch basin restoration and 
     replacement on Northgate, Mandy Court, Vine Street, and 36th 
     Street in Milnesville West, and on Hillside Drive (including 
     the widening of the bridge on Hillside Drive), Club 40 Road, 
     Sunburst and Venisa Drives, and Stockton #7 Road in Hazle 
     Township, Luzerne County'';
       (130) in item number 2332 by striking ``Monroe County'' and 
     inserting ``Carbon, Monroe, Pike, and Wayne Counties'';
       (131) in item number 4914 by striking the project 
     description and inserting ``Roadway improvements on I-90 loop 
     in Mitchell along Haven Street from near Burr Street to near 
     Ohlman Street'';
       (132) by striking item number 2723;
       (133) in item number 61 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Grade crossing improvements along Wiregrass Central 
     RR at Boll Weevil Bypass in Enterprise, AL'', and 
     ``$250,000'', respectively;
       (134) in item number 314 by striking the project 
     description and amount and inserting ``Streetscape 
     enhancements to the transit and pedestrian corridor, Fort 
     Lauderdale, Downtown Development Authority'' and 
     ``$610,000'', respectively;
       (135) in item number 1639 by striking the project 
     description and inserting ``Operational and highway safety 
     improvements on Hwy 94 between the 20 mile marker post in 
     Jamul and Hwy 188 in Tecate'';
       (136) in item number 2860 by striking the project 
     description and inserting ``Roadway improvements from 
     Halchita to Mexican Hat on the Navajo Nation'';
       (137) in item number 2549 by striking ``on Navy Pier'';
       (138) in item number 2804 by striking ``on Navy Pier'';
       (139) in item number 1328 by striking the project 
     description and inserting ``Construct public access roadways 
     and pedestrian safety improvements in and around Montclair 
     State University in Clifton'';
       (140) in item number 2559 by striking the project 
     description and inserting ``Construct sound walls on Route 
     164 at and near the Maersk interchange'';
       (141) in item number 1849 by striking the project 
     description and inserting ``Highway, traffic-flow, pedestrian 
     facility, and streetscape improvements, Pittsburgh'';
       (142) in item number 697 by striking the project 
     description and inserting ``Highway, traffic-flow, pedestrian 
     facility, and streetscape improvements, Pittsburgh'';
       (143) in item number 3597 by striking the project 
     description and inserting ``Road Alignment from IL Route 159 
     to Sullivan Drive, Swansea'';
       (144) in item number 2352 by striking the project 
     description and inserting ``Streetscaping and transportation 
     enhancements on 7th Street in Calexico, traffic signalization 
     on Highway 78, construction of the Renewable Energy and 
     Transportation Learning Center, improve and enlarge parking 
     lot, and create bus stop, Brawley'';
       (145) in item number 3482 by striking the project 
     description and inserting ``Conduct a study to examine multi-
     modal improvements to the I-5 corridor between the Main 
     Street Interchange and State Route 54'';
       (146) in item number 1275 by striking the project 
     description and inserting ``Scoping, permitting, engineering, 
     construction management, and construction of Riverbank Park 
     Bike Trail, Kearny'';
       (147) in item number 726 by striking the project 
     description and inserting ``Grade Separation at Vanowen and 
     Clybourn, Burbank'';
       (148) in item number 1579 by striking the project 
     description and inserting ``San Gabriel Blvd. rehabilitation 
     project, Mission Road to Broadway, San Gabriel'';
       (149) in item number 2690 by striking the project 
     description and inserting ``San Gabriel Blvd. rehabilitation 
     project, Mission Road to Broadway, San Gabriel'';
       (150) in item number 2811 by striking the project 
     description and inserting ``San Gabriel Blvd. rehabilitation 
     project, Mission Road to Broadway, San Gabriel'';
       (151) in item number 259 by striking the project 
     description and inserting ``Design and construction of the 
     Clair Nelson Intermodal Center in Finland, Lake County'';
       (152) in item number 3456 by striking the project 
     description and inserting ``Completion of Phase II/Part I of 
     a project on Elizabeth Avenue in Coleraine to west of Itasca 
     County State Aid Highway 15 in Itasca County'';
       (153) in item number 2329 by striking the project 
     description and inserting ``Upgrade streets, undertake 
     streetscaping, and implement traffic and pedestrian safety 
     signalization improvements and highway-rail crossing safety 
     improvements, Oak Lawn'';
       (154) in item number 766 by striking the project 
     description and inserting ``Design and construction of the 
     walking path at Ellis Pond, Norwood'';
       (155) in item number 3474 by striking the project 
     description and inserting ``Yellow River Trail, Newton 
     County'';
       (156) in item number 3291 by striking the amount and 
     inserting ``$200,000'';
       (157) in item number 3635 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``GA'', ``Access Road in Montezuma'', and ``$200,000'', 
     respectively;
       (158) in item number 716 by striking the project 
     description and inserting ``Conduct a

[[Page 6339]]

     project study report for new Highway 99 Interchange between 
     SR 165 and Bradbury Road, and safety improvements/realignment 
     of SR 165, serving Turlock/Hilmar region'';
       (159) in item number 1386 by striking the project 
     description and amount and inserting ``Pedestrian and bicycle 
     facilities, and street lighting in Haddon Heights'' and 
     ``$300,000'', respectively;
       (160) in item number 2720 by striking the project 
     description and amount and inserting ``Pedestrian and bicycle 
     facilities and street lighting in Barrington and streetscape 
     improvements to Clements Bridge Road from the circle at the 
     White Horse Pike to NJ Turnpike overpass in Barrington'' and 
     ``$700,000'', respectively;
       (161) in item number 2523 by striking the project 
     description and inserting ``Penobscot Riverfront Development 
     for bicycle trails, amenities, traffic circulation 
     improvements, and waterfront access or stabilization, Bangor 
     and Brewer'';
       (162) in item number 545 by striking the project 
     description and inserting ``Planning, design, and 
     construction of improvements to the highway systems 
     connecting to Lewistown and Auburn downtowns'';
       (163) by striking item number 2168;
       (164) by striking item number 170;
       (165) in item number 2366 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition, and paving of the parking lot at the Casey Plaza 
     in Wilkes-Barre Township'';
       (166) in item number 826 by striking ``and Interstate 81'' 
     and inserting ``and exit 168 on Interstate 81 or the 
     intersection of the connector road with Northampton St.'';
       (167) in item number 2144 by striking the project 
     description and inserting ``Design, engineering, right-of-way 
     acquisition and construction of streetscaping enhancements, 
     paving, lighting, safety improvements, parking, and roadway 
     redesign on Third Street from Pittston Avenue to Packer 
     Street; Swift Street from Packer Street to Railroad Street; 
     Clark Street from Main Street to South Street; School Street 
     from Main Street to South Street; Plane Street from Grove 
     Street to William Street; John Street from 4 John Street to 
     William Street; Grove Street from Plane Street to Duryea 
     Borough line; Wood Street from Cherry Street to Hawthorne 
     Street in Avoca Borough, Luzerne County'';
       (168) in item number 1765 by striking the project 
     description and amount and inserting ``Design, engineering, 
     right-of-way acquisition, and construction of street 
     improvements, streetscaping enhancements, paving, lighting, 
     safety improvements, parking, roadway redesign in Pittston, 
     including right-of-way acquisition, structure demolition, and 
     intersection safety improvements in the vicinity of and 
     including Main, William, and Parsonage Streets in Pittston'' 
     and ``$1,600,000'', respectively;
       (169) in item number 2957 by striking the project 
     description and amount and inserting ``Design, engineering, 
     land acquisition, right-of-way acquisition, and construction 
     of a parking garage, streetscaping enhancements, paving, 
     lighting, safety improvements, parking, and roadway redesign 
     in the city of Wilkes-Barre'' and ``$2,800,000'', 
     respectively;
       (170) in item number 3283 by striking the project 
     description and amount and inserting ``Pedestrian access 
     improvements, including installation of infrastructure and 
     equipment for security and surveillance purposes at subway 
     stations in Astoria, New York'' and ``$1,300,000'', 
     respectively;
       (171) in item number 3556 by striking the project 
     description and amount and inserting ``Design and 
     rehabilitate staircases used as streets due to the steep 
     grade of terrain in Bronx County'' and ``$1,100,000'', 
     respectively;
       (172) by striking item number 203;
       (173) by striking item number 552;
       (174) by striking item number 590;
       (175) by striking item number 759;
       (176) by striking item number 879;
       (177) by striking item number 1071;
       (178) by striking item number 1382;
       (179) by striking item number 1897;
       (180) by striking item number 2553;
       (181) in item number 3014 by striking the project 
     description and amount and inserting ``Design and Construct 
     school safety projects in New York City'' and ``$2,500,000'', 
     respectively;
       (182) in item number 2375 by striking the project 
     description and amount and inserting ``Subsurface 
     environmental study to measure presence of methane and 
     benzene gasses in vicinity of Greenpoint, Brooklyn, and the 
     Kosciusko Bridge, resulting from the Newtown Creek oil 
     spill'' and ``$100,000'';
       (183) in item number 221 by striking the project 
     description and inserting ``Study and Implement 
     transportation improvements on Flatbush Ave. between Avenue U 
     and the Marine Park Bridge in front of Gateway National Park 
     in Kings County, New York'';
       (184) in item number 2732 striking the project description 
     and inserting ``Pedestrian safety improvements in the 
     vicinity of LIRR stations'';
       (185) by striking item number 99;
       (186) in item number 398 by striking the project 
     description and inserting ``Construct a new 2-lane road 
     extending north from University Park Drive and improvements 
     to University Park Drive'';
       (187) in item number 446 by striking the project 
     description and inserting ``Transportation improvements for 
     development of the Williamsport-Pile Bay Road corridor'';
       (188) in item number 671 by striking ``and Pedestrian Trail 
     Expansion'' and inserting ``, including parking facilities 
     and Pedestrian Trail Expansion'';
       (189) in item number 674 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Grade crossing improvements along Conecuh Valley RR 
     at Henderson Highway (CR-21) in Troy, AL'', and ``$300,000'', 
     respectively;
       (190) in item number 739 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Grade crossing improvements along Luxapalila Valley 
     RR in Lamar and Fayette Counties, AL (Crossings at CR-6, CR-
     20, SH-7, James Street, and College Drive)'', and 
     ``$300,000'', respectively;
       (191) in item number 746 by striking ``Planning and 
     construction of a bicycle trail adjacent to the I-90 and SR 
     615 Interchange in'' and inserting ``Planning, construction, 
     and extension of bicycle trails adjacent to the I-90 and SR 
     615 Interchange, along the Greenway Corridor and 
     throughout'';
       (192) in item number 749 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``UPMC Heliport in Bedford'', and ``$750,000'', 
     respectively;
       (193) in item number 813 by striking the project 
     description and inserting ``Preliminary design and study of 
     long-term roadway approach alternatives to TH 36/SH 64 St. 
     Croix River Crossing Project'';
       (194) in item number 816 by striking ``$800,000'' and 
     inserting ``$880,000'';
       (195) in item number 852 by striking ``Acquire Right-of-Way 
     for Ludlam Trail, Miami, Florida'' and inserting ``Planning, 
     design, and engineering, Ludlam Trail, Miami'';
       (196) in item number 994 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Construct 2 flyover ramps and S. Linden Street exit 
     for access to industrial sites in the cities of McKeesport 
     and Duquesne'', and ``$500,000'', respectively;
       (197) in item number 1015 by striking the project 
     description and inserting ``Mississippi River Crossing 
     connecting I-94 and US 10 between US 160 and TH 101, MN'';
       (198) in item number 1101 by striking the project 
     description and inserting ``I-285 underpass/tunnel assessment 
     and engineering and interchange improvements in Sandy 
     Springs'';
       (199) in item number 1211 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Road improvements and upgrades related to the 
     Pennsylvania State Baseball Stadium'', and ``$500,000'', 
     respectively;
       (200) in item number 1345 by striking ``to Stony Creek 
     Park, 25 Mile Road in Shelby Township'' and inserting ``south 
     to the city of Utica'';
       (201) in item number 1501 by striking the project 
     description and inserting ``Construction and right-of-way 
     acquisition of TH 241, CSAH 35 and associated streets in the 
     city of St. Michael'';
       (202) in item number 1525 by striking ``north of CSX RR 
     Bridge'' and inserting ``US Highway 90'';
       (203) in item number 1847 by striking the project 
     description and inserting ``Improve roads, sidewalks, and 
     road drainage, City of Seward'';
       (204) in item number 2031 by striking the project 
     description and inserting ``Construct and improve Westside 
     Parkway in Fulton County'';
       (205) in item number 2103 by striking ``$2,000,000'' and 
     inserting ``$3,000,000'';
       (206) in item number 2219 by striking ``SR 91 in City of 
     Twinsburg, OH'' and inserting ``Center Valley Parkway in 
     Twinsburg, OH'';
       (207) in item number 2302 by inserting ``and other road 
     improvements to Safford Street'' after ``crossings'';
       (208) in item number 2560 by striking the project 
     description and inserting ``I-285 underpass/tunnel assessment 
     and engineering and interchange improvements in Sandy 
     Springs'';
       (209) in item number 2563 by striking the project 
     description and amount and inserting ``Construct hike and 
     bike path as part of Bridgeview Bridge replacement in Macomb 
     County'' and ``$486,400'', respectively;
       (210) in item number 2698 by striking the project 
     description and inserting ``Interchanges at I-95/Ellis Road 
     and between Grant Road and Micco Road, Brevard County'';
       (211) in item number 3141 by striking ``$2,800,000'' and 
     inserting ``$1,800,000'';
       (212) by striking item number 3160;
       (213) in item number 3353 by inserting ``and construction'' 
     after ``mitigation'';
       (214) in item number 996 by striking ``$2,000,000'' and 
     inserting ``$687,000'';
       (215) in item number 2166 by striking the project 
     description and inserting ``Design, right-of-way acquisition, 
     and construction for I-35 and CSAH2 interchange and CSAH2 
     corridor to TH61 in Forest Lake'';
       (216) in item number 3251 by striking the project 
     description and inserting ``I-94 and Radio Drive Interchange 
     and frontage road project, design, right-of-way acquisition, 
     and construction, Woodbury'';
       (217) in item number 1488 by striking the project 
     description and inserting ``Construct a 4-lane highway 
     between Maverick Junction and the Nebraska border'';
       (218) in item number 3240 by striking the project 
     description and inserting ``Railroad-highway crossings in 
     Pierre'';
       (219) in item number 1738 by striking ``Paving'' and 
     inserting ``Planning, design, and construction'';

[[Page 6340]]

       (220) in item number 3672 by striking the project 
     description and inserting ``Pave remaining stretch of BIA 
     Route 4 from the junction of the BIA Route 4 and N8031 in 
     Pinon, AZ, to the Navajo and Hopi border'';
       (221) in item number 2424 by striking ``Construction'' and 
     inserting ``preconstruction (including survey and 
     archeological clearances) and construction'';
       (222) in item number 1216 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``For roadway construction improvements to Route 222 
     relocation, Lehigh County'', and ``$1,313,000'', 
     respectively;
       (223) in item number 2956 by striking ``$1,360,000'' and 
     inserting ``$2,080,000'';
       (224) in item number 1256 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Construction of a bridge over Brandywine Creek as 
     part of the Boot Road extension project, Downingtown 
     Borough'', and ``$700,000'', respectively;
       (225) in item number 1291 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Enhance parking facilities in Chester Springs, 
     Historic Yellow Springs'', and ``$20,000'', respectively;
       (226) in item number 1304 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Improve the intersection at SR 100/SR 4003 
     (Kernsville Road), Lehigh County'', and ``$250,000'', 
     respectively;
       (227) in item number 1357 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Intersection signalization at SR 3020 (Newburg 
     Road)/Country Club Road, Northampton County'', and 
     ``$250,000'', respectively;
       (228) in item number 1395 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Improve the intersection at SR 100/SR 29, Lehigh 
     County'', and ``$220,000'', respectively;
       (229) in item number 80 by striking ``$4,544,000'' and 
     inserting ``$4,731,200'';
       (230) in item number 2096 by striking ``$4,800,000'' and 
     inserting ``$5,217,600'';
       (231) in item number 1496 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``PA'', ``Study future needs of East-West road infrastructure 
     in Adams County'', and ``$115,200'', respectively;
       (232) in item number 2193 by striking the project 
     description and inserting ``710 Freeway Study to 
     comprehensively evaluate the technical feasibility of a 
     tunnel alternative to close the 710 Freeway gap, considering 
     all practicable routes, in addition to any potential route 
     previously considered, and with no funds to be used for 
     preliminary engineering or environmental review except to the 
     extent necessary to determine feasibility'';
       (233) in item number 2445 by striking the project 
     description and inserting ``$600,000 for road and pedestrian 
     safety improvements on Main Street in the Village of 
     Patchogue; $900,000 for road and pedestrian safety 
     improvements on Montauk Highway, between NYS Route 112 and 
     Suffolk County Road 101 in Suffolk County'';
       (234) in item number 346 by striking the project 
     description and inserting ``Hansen Dam Recreation Area access 
     improvements, including hillside stabilization and parking 
     lot rehabilitation along Osborne Street between Glenoaks 
     Boulevard and Dronfield Avenue'';
       (235) by striking item number 449;
       (236) in item number 3688 by striking ``road'' and 
     inserting ``trail'';
       (237) in item number 3695 by striking ``in Soldotna'' and 
     inserting ``in the Kenai River corridor'';
       (238) in item number 3699 by striking ``to improve fish 
     habitat'';
       (239) in item number 3700 by inserting ``and ferry 
     facilities'' after ``a ferry'';
       (240) in item number 3703 by inserting ``or other roads'' 
     after ``Cape Blossom Road'';
       (241) in item number 3704 by striking ``Fairbanks'' and 
     inserting ``Alaska Highway'';
       (242) in item number 3705 by striking ``in Cook Inlet for 
     the Westside development/Williamsport-Pile Bay Road'' and 
     inserting ``for development of the Williamsport-Pile Bay Road 
     corridor'';
       (243) in item number 3829 by striking the amount and 
     inserting ``$3,050,000'';
       (244) by inserting after item number 3829 the following:


``3829A      CO................  U.S. 550, New Mexico       $950,000'';
                                  State line to Durango

       (245) in item number 4788 by striking the project 
     description and inserting ``Heidelberg Borough/Scott 
     Township/Carnegie Borough for design, engineering, 
     acquisition, and construction of streetscaping enhancements, 
     paving, lighting and safety upgrades, and parking 
     improvements'';
       (246) in item number 3861 by striking the project 
     description and inserting ``Creation of a greenway path along 
     the Naugatuck River in Waterbury'';
       (247) in item number 3883 by striking the project 
     description and inserting ``Wilmington Riverfront Access and 
     Street Grid Redesign'';
       (248) in item number 3892 by striking ``$5,000,000'' and 
     inserting ``$8,800,000'';
       (249) in item number 3894 by striking ``$5,000,000'' and 
     inserting ``$1,200,000'';
       (250) in item number 3909 by striking the project 
     description and inserting ``S.R. 281, the Avalon Boulevard 
     Expansion Project from Interstate 10 to U.S. Highway 91'';
       (251) in item number 3911 by striking the project 
     description and inserting ``Construct a new bridge at Indian 
     Street, Martin County'';
       (252) in item number 3916 by striking the project 
     description and inserting ``City of Hollywood for U.S. 1/
     Federal Highway, north of Young Circle'';
       (253) in item number 3937 by striking the project 
     description and inserting ``Kingsland bypass from CR 61 to I-
     95, Camden County'';
       (254) in item number 3945 by striking ``CR 293 to CS 5231'' 
     and inserting ``SR 371 to SR 400'';
       (255) in item number 3965 by striking ``transportation 
     projects'' and inserting ``and air quality projects'';
       (256) in item number 3986 by striking the project 
     description and inserting ``Extension of Sugarloaf Parkway, 
     Gwinnett County'';
       (257) in item number 3999 by striking ``Bridges'' and 
     inserting ``Bridge and Corridor'';
       (258) in item number 4003 by striking the project 
     description and inserting ``City of Council Bluffs and 
     Pottawattamie County East Beltway Roadway and Connectors 
     Project'';
       (259) in item number 4043 by striking ``MP 9.3, Segment I, 
     II, and III'' and inserting ``Milepost 24.3'';
       (260) in item number 4050 by striking the project 
     description and inserting ``Preconstruction and construction 
     activities of U.S. 51 between the Assumption Bypass and 
     Vandalia'';
       (261) in item number 4058 by striking the project 
     description and inserting ``For improvements to the road 
     between Brighton and Bunker Hill in Macoupin County'';
       (262) in each of item numbers 4062 and 4084 by striking the 
     project description and inserting ``Preconstruction, 
     construction, and related research and studies of I-290 Cap 
     the Ike project in the village of Oak Park'';
       (263) in item number 4089 by inserting ``and parking 
     facility/entrance improvements serving the Museum of Science 
     and Industry'' after ``Lakeshore Drive'';
       (264) in item number 4103 by inserting ``and adjacent to 
     the'' before ``Shawnee'';
       (265) in item number 4110 by striking the project 
     description and inserting ``For improvements to the road 
     between Brighton and Bunker Hill in Macoupin County'';
       (266) in item number 4120 by striking the matters in the 
     project description and amount columns and inserting 
     ``Upgrade 146th Street to Improve I-69 Access'' and 
     ``$800,000'', respectively;
       (267) in item number 4125 by striking ``$250,000'' and 
     inserting ``$1,650,000'';
       (268) by striking item number 4170;
       (269) by striking item number 4179;
       (270) in item number 4185 by striking the project 
     description and inserting ``Replace the Clinton Street Bridge 
     spanning St. Mary's River in downtown Fort Wayne'';
       (271) in item number 4299 by striking the project 
     description and inserting ``Improve U.S. 40, MD 715 
     interchange and other roadways in the vicinity of Aberdeen 
     Proving Ground to support BRAC-related growth'';
       (272) in item number 4313 by striking ``Maryland Avenue'' 
     and all that follows through ``Rd. corridor'' and inserting 
     ``intermodal access, streetscape, and pedestrian safety 
     improvements'';
       (273) in item number 4315 by striking ``stormwater 
     mitigation project'' and inserting ``environmental 
     preservation project'';
       (274) in item number 4318 by striking the project 
     description and inserting ``Planning, design, and 
     construction of improvements to the highway systems 
     connecting to Lewiston and Auburn downtowns'';
       (275) in item number 4323 by striking the project 
     description and inserting ``MaineDOT Acadia intermodal 
     passenger and maintenance facility'';
       (276) in item number 4338 by striking the project 
     description and inserting ``Construct 1 or more grade-
     separated crossings of I-75, and make associated improvements 
     to improve local and regional east-west mobility between 
     Mileposts 279 and 282'';
       (277) in item number 4355 by striking the project 
     description and inserting ``Design, engineering, ROW 
     acquisition, construction, and construction engineering for 
     the reconstruction of TH 95, from 12th Avenue to CSAH 13, 
     including bridge and approaches, ramps, intersecting 
     roadways, signals, turn lanes, and multiuse trail, North 
     Branch'';
       (278) in item number 4357 by striking the project 
     description and inserting ``Design, construct, ROW, and 
     expand TH 241 and CSAH 35 and associated streets in the city 
     of St. Michael'';
       (279) in item number 4360 by striking the project 
     description and inserting ``Planning, design, and 
     construction for Twin Cities Bioscience Corridor in St. 
     Paul'';
       (280) in item number 4362 by striking the project 
     description and inserting ``I-494/U.S. 169 interchange 
     reconstruction including U.S. 169/Valley View Road 
     interchange, Twin Cities Metropolitan Area'';
       (281) in item number 4365 by striking the project 
     description and inserting ``34th Street realignment and 34th 
     Street and I-94 interchange, including retention and 
     reconstruction of the SE Main Avenue/CSAH 52 interchange 
     ramps at I-94, and other transportation improvements for the 
     city of Moorhead, including the SE Main Avenue GSI and 
     Moorhead Comprehensive Rail Safety Program'';
       (282) in item number 4369 by striking the project 
     description and inserting ``Construction of 8th Street North, 
     Stearns C.R. 120 to TH 15 in St. Cloud'';

[[Page 6341]]

       (283) in item number 4371 by striking the project 
     description and inserting ``Construction and ROW of TH 241, 
     CSAH 35 and associated streets in the city of St. Michael'';
       (284) in item number 4411 by striking ``Southaven'' and 
     inserting ``DeSoto County'';
       (285) in item number 4424 by striking the project 
     description and inserting ``U.S. 93 Evaro to Polson 
     transportation improvement projects'';
       (286) in item number 4428 by striking the project 
     description and inserting ``US 76 improvements'';
       (287) in item number 4457 by striking the project 
     description and inserting ``Construct an interchange at an 
     existing grade separation at SR 1602 (Old Stantonsburg Rd.) 
     and U.S. 264 Bypass in Wilson County'';
       (288) in item number 4461 by striking the project 
     description and inserting ``Transportation and related 
     improvements at Queens University of Charlotte, including the 
     Queens Science Center and the Marion Diehl Center, 
     Charlotte'';
       (289) in item number 4507 by striking the project 
     description and inserting ``Design, right-of-way acquisition, 
     and construction of Highway 35 between Norfolk and South 
     Sioux City, including an interchange at milepost 1 on U.S. I-
     129'';
       (290) in item number 4555 by inserting ``Canal Street and'' 
     after ``Reconstruction of'';
       (291) in item number 4565 by striking the project 
     description and inserting ``Railroad Construction and 
     Acquisition, Ely and White Pine County'';
       (292) in item number 4588 by inserting ``Private Parking 
     and'' before ``Transportation'';
       (293) in item number 4596 by striking the project 
     description and inserting ``Centerway Bridge and Bike Trail 
     Project, Corning'';
       (294) in item number 4610 by striking the project 
     description and inserting ``Preparation, demolition, 
     disposal, and site restoration of Alert Facility on Access 
     Road to Plattsburgh International Airport'';
       (295) in item number 4649 by striking the project 
     description and inserting ``Fairfield County, OH U.S. 33 and 
     old U.S. 33 safety improvements and related construction, 
     city of Lancaster and surrounding areas'';
       (296) in item number 4651 by striking ``for the transfer of 
     rail to truck for the intermodal'' and inserting ``, and 
     construction of an intermodal freight'';
       (297) in item number 4691 by striking the project 
     description and inserting ``Transportation improvements to 
     Idabel Industrial Park Rail Spur, Idabel'';
       (298) in item number 4722 by striking the project 
     description and inserting ``Highway, traffic, pedestrian, and 
     riverfront improvements, Pittsburgh'';
       (299) in item number 4749 by striking ``study'' and 
     inserting ``improvements'';
       (300) in item number 4821 by striking ``highway grade 
     crossing project, Clearfield and Clinton Counties'' and 
     inserting ``Project for highway grade crossings and other 
     purposes relating to the Project in Cambria, Centre, 
     Clearfield, Clinton, Indiana, and Jefferson Counties'';
       (301) in item number 4838 by striking ``study'' and 
     inserting ``improvements'';
       (302) in item number 4839 by striking ``fuel-celled'' and 
     inserting ``fueled'';
       (303) in item number 4866 by striking ``$11,000,000'' and 
     inserting ``$9,400,000'';
       (304) by inserting after item number 4866 the following:


``4866A      RI................  Repair and restore       $1,600,000'';
                                  railroad bridge in
                                  Westerly

       (305) in item number 4892 by striking the project 
     description and inserting ``Construct a 4-lane highway 
     between maverick Junction and the Nebraska border'';
       (306) in item number 4916 by striking ``$1,000,000'' and 
     inserting ``$328,000'';
       (307) in item number 4924 by striking ``$3,450,000'' and 
     inserting ``$4,122,000'';
       (308) in item number 4960 by inserting ``of which $50,000 
     shall be used for a street paving project, Calhoun'' after 
     ``County'';
       (309) in item number 4974 by striking ``, Sevier County'';
       (310) in item number 5008 by inserting ``/Kane Creek 
     Boulevard'' after ``500 West'';
       (311) in each of item numbers 5011 and 5033 by striking 
     ``200 South Interchange'' and inserting ``400 South 
     Interchange'';
       (312) in item number 5021 by striking ``Pine View Dam,'';
       (313) in item number 5026 by striking the project 
     description and inserting ``Roadway improvements on 
     Washington Fields Road/300 East, Washington'';
       (314) in item number 5027 by inserting ``and roadway 
     improvements'' after ``safety project'';
       (315) in item number 5028 by inserting ``and roadway 
     improvements'' after ``lighting'';
       (316) in item number 5029 by inserting ``and roadway 
     improvements'' after ``lights'';
       (317) in number 5032 by striking the project description 
     and inserting ``Expand Redhills Parkway, St. George'';
       (318) in item number 5132 by striking the project 
     description and inserting ``St. Croix River crossing project, 
     Wisconsin State Highway 64, St. Croix County, Wisconsin, to 
     Minnesota State Highway 36, Washington County'';
       (319) in item number 5161 by striking the project 
     description and inserting ``Raleigh Street Extension Project 
     in Martinsburg'';
       (320) in item number 1824 by striking the project 
     description and inserting ``U.S. Route 10 expansion in Wadena 
     and Ottertail Counties'';
       (321) in item number 1194 by striking the project 
     description and inserting ``Roadway and pedestrian design and 
     improvements for Pennsylvania Avenue, Brooklyn'';
       (322) in item number 2286 by striking the project 
     description and inserting ``Road improvements for Church 
     Street between NY State Route 25A and Hilden Street in Kings 
     Park'';
       (323) in item number 1724 by striking the project 
     description and amount and inserting ``For road resurfacing 
     and upgrades to Old Nichols Road and road repairs in the 
     Nissequogue River watershed in Smithtown'' and 
     ``$1,500,000'', respectively;
       (324) in item number 3636 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``NY'', ``Road repair and maintenance in the Town of 
     Southampton'', and ``$500,000'', respectively;
       (325) in item number 3638 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``NY'', ``Improve NY State Route 112 from Old Town Road to NY 
     State Route 347'', and ``$6,000,000'', respectively;
       (326) in item number 3479 by striking the project 
     description and inserting ``Road improvements and utility 
     relocations within the city of Jackson'';
       (327) in item number 141 by striking ``construction of 
     pedestrian and bicycle improvements'' and inserting 
     ``transportation enhancement activities'';
       (328) in item number 1204 by striking ``at SR 283'';
       (329) in item number 2896 by striking the project 
     description and inserting ``Improve streetscape and signage 
     and pave roads in McMinn County, including $50,000 that may 
     be used for paving local roads in the city of Calhoun'';
       (330) in item number 3017 by striking ``, Pine View Dam'';
       (331) in item number 3188 insert after ``Reconstruction'' 
     the following: ``including U.S. 169/Valley View Road 
     Interchange,'';
       (332) in item number 1772 by striking the project 
     description and inserting ``Reconstruction of Historic 
     Eastern Parkway'';
       (333) in item number 2610 by striking the project 
     description and inserting ``Reconstruction of Times and Duffy 
     Squares in New York City'';
       (334) in item number 2462--
       (A) by striking ``of the New Jersey Turnpike, Carteret'' 
     and inserting ``and the Tremley Point Connector Road of the 
     New Jersey Turnpike''; and
       (B) by striking ``$1,200,000'' and inserting ``$450,000'';
       (335) in item number 2871 by striking the amount and 
     inserting ``$2,430,000'';
       (336) in item number 3381 by striking the project 
     description and inserting ``Determine scope, design, 
     engineering, and construction of Western Boulevard Extension 
     from Northern Boulevard to Route 9 in Ocean County, New 
     Jersey'';
       (337) in item number 2703 by striking the project 
     description and inserting ``Upgrading existing railroad 
     crossings with installation of active signals and gates and 
     to study the feasibility and necessity of rail grade 
     separation'';
       (338) in item number 1004 by inserting ``SR 71 near'' after 
     ``turn lane on'';
       (339) in item number 2824 by striking the project 
     description and inserting the following: ``Sevier County, TN, 
     SR 35 near SR 449 intersection'';
       (340) in item number 373 by striking the project 
     description and inserting ``Widening existing Highway 226, 
     including a bypass of Cash and a new connection to Highway 
     49'';
       (341) in item number 1486, by striking the project 
     description and inserting ``Bridge reconstruction and road 
     widening on Route 252 and Route 30 in Tredyffrin Township, 
     PA, in conjunction with the Paoli Transportation Center 
     Project'';
       (342) in item number 4541 by striking ``of the New Jersey 
     Turnpike, Carteret'' and inserting ``and the Tremley Point 
     Connector Road of the New Jersey Turnpike'';
       (343) in item number 4006 by striking the project 
     description and inserting ``Improvement to Alice's Road/105th 
     Street Corridor including bridge, interchange, roadway, 
     right-of-way, and enhancements'';
       (344) in item number 2901 by striking the project 
     description and inserting ``Purchase of land and conservation 
     easements within U.S. 24 study area in Lucas, Henry, and 
     Fulton Counties, Ohio'';
       (345) in item number 2619 by striking the project 
     description and inserting ``Improve access to I-55 between 
     Bayless Avenue and Loughborough Avenue, including bridge 
     230.06'';
       (346) in item number 1687 by striking the project 
     description and inserting ``Construct an interchange at I-675 
     and Warren Avenue near downtown Saginaw'';
       (347) by striking item number 206;
       (348) by striking item number 821;
       (349) by striking item number 906;
       (350) by striking item number 1144;
       (351) in item number 1693 by striking the project 
     description and amount and inserting ``Plan and implement 
     truck route improvements in the Maspeth neighborhood of 
     Queens County'' and ``$500,000'', respectively;
       (352) in item number 3039 by striking the project 
     description and inserting ``Pittsfield greenways construction 
     to connect Pittsfield to the Ann Arbor greenway system, 
     Pittsfield Township'';
       (353) in item number 2922 by striking the project 
     description and amount and inserting

[[Page 6342]]

     ``Detroit River International Wildlife Refuge for land 
     acquisition adjacent to I-75 in Monroe County for wetland 
     mitigation and habitat restoration, Fish and Wildlife 
     Service'' and ``$1,800,000'', respectively;
       (354) in item number 3641 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``MI'', ``River Raisin Battlefield for acquisition of 
     historic battlefield land in Monroe County, Port of Monroe'', 
     and ``$1,200,000''; respectively;
       (355) in item number 3643 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``MI'', ``Phase 1 of Monroe County greenway system 
     construction, Monroe County'', and ``$940,000'', 
     respectively;
       (356) in item number 3645 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``MI'', ``East County fueling operations consolidation at the 
     Monroe County Road Commission and enhancement of facilities 
     to accommodate biodiesel fuel pumps, Monroe County'', and 
     ``$1,000,000'', respectively;
       (357) in item number 3646 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``MI'', ``Greenway trail construction from City of Monroe to 
     Sterling State Park, City of Monroe'', and ``$100,000''; 
     respectively;
       (358) in item number 1883 by striking the project 
     description and inserting ``Planning for the Orangeline High 
     Speed MAGLEV from Los Angeles County to Orange County'';
       (359) in item number 3757 by inserting ``, including Van 
     Asche Drive'' after ``Corridor'';
       (360) in item number 4347 by striking the project 
     description and inserting ``Alger County, to reconstruct, 
     pave, and realign a portion of H-58 from 2,600 feet south of 
     Little Beaver Lake Road to 4,600 feet east of Hurricane 
     River'';
       (361) in item number 4335 by striking the project 
     description and inserting ``Construct an interchange at I-675 
     and Warren Avenue near downtown Saginaw'';
       (362) in item number 4891 by striking the project 
     description and inserting ``Widening U.S. 17 in Charleston 
     County from the Isle of Palms Connector to a point at or near 
     Darrell Creek Trail'';
       (363) in item number 3647 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Drainage and infrastructure improvements on U.S. 11 
     in front of Springville Middle School in Springville'', and 
     ``$1,000,000'', respectively;
       (364) in item number 3648 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Transportation enhancement projects for sidewalks 
     and streetscaping along Cahaba Road between the Botanical 
     Gardens and the Birmingham Zoo in the City of Birmingham'', 
     and ``$1,075,000'', respectively;
       (365) in item number 3651 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``AL'', ``Engineering and right-of-way acquisition for the 
     McWrights Ferry Road extension between Rice Mine Road and New 
     Watermelon Road in Tuscaloosa County'', and ``$1,075,000'', 
     respectively;
       (366) in item number 562 by striking ``a designated truck 
     route through'' and inserting ``roadway and sidewalk 
     improvements in'';
       (367) in item number 2836 by striking the project 
     description and inserting ``Traffic calming and safety 
     improvements to Lido Boulevard, Town of Hampstead, Nassau 
     County'';
       (368) in item number 1353 by striking the project 
     description and inserting ``Improve the flow of truck traffic 
     in Orrville'';
       (369) in item number 1975 by striking the project 
     description and inserting ``Hatcher Pass Ski Development Road 
     in Matanuska-Susitna Borough'';
       (370) in item number 1661 by striking the project 
     description and inserting ``Hatcher Pass Ski Development Road 
     in Matanuska-Susitna Borough'';
       (371) in item number 1574 by striking the project 
     description and inserting ``Construct commuter parking 
     structure in the central business district in the vicinity of 
     La Grange Road, and for projects identified by the Village of 
     La Grange as its highest priorities'';
       (372) in item number 3461 by striking the project 
     description and inserting ``Construct Leon Pass overpass, and 
     for projects identified by the Village of Hodgkins as its 
     highest priorities'';
       (373) in item numbers 1310 and 2265 by striking the project 
     descriptions and inserting ``To construct up to 2 
     interchanges on U.S. Alternate Highway 72/Alabama Highway 20 
     from Interstate 65 to U.S. Highway 31 in Decatur, Alabama, 
     with additional lanes as necessary'';
       (374) in item number 4934 by striking ``connection with 
     Hermitage Avenue'' and inserting ``Hermitage Avenue and 
     pedestrian connection'';
       (375) in item number 1227 by striking the project 
     description and inserting ``Construct road improvements near 
     industrial park near SR 209 and CR 345 that improve access to 
     the industrial park'';
       (376) in item number 2507 by striking the project 
     description and inserting ``Texas Department of 
     Transportation: for those projects the Department has 
     identified as its highest priorities'';
       (377) in item number 3903 by striking the project 
     description and inserting ``Planning, design, and engineering 
     study to widen (4 lanes) SR 87 from the intersection of US 90 
     and SR 87 South to the Alabama State line'';
       (378) in item number 56 by striking the project description 
     and inserting ``Bicycle and pedestrian improvements, 
     Oregon'';
       (379) in item number 604 by striking the amount and 
     inserting ``$11,800,000'';
       (380) in item number 1299 by striking the amount and 
     inserting ``$9,800,000'';
       (381) in item number 1506 by striking the amount and 
     inserting ``$5,100,000'';
       (382) in item number 1904 by striking the project 
     description and inserting ``Study and construct access to 
     intermodal facility in Azusa'';
       (383) in item number 3653 by striking the matters in the 
     State, project description, and amount columns and inserting 
     ``MI'', ``Bicycle and pedestrian trails in Harrison 
     Township'', and ``$2,900,000'', respectively;
       (384) in item number 3447 by striking the project 
     description and inserting ``Carlton, 4th Street Railroad 
     Crossing Improvement Project: Construct a safe, at grade 
     crossing of the railroad and necessary bridge, connecting the 
     community's educational and athletic facilities'';
       (385) in item number 2321 by striking the project 
     description and inserting ``Design and construct roadway and 
     traffic signal improvements on Stella Street and Front 
     Street, Wormleysburg, PA''; and
       (386) in item number 370 by striking the project 
     description and inserting ``Pedestrian paths, stairs, 
     seating, landscaping, lighting, and other transportation 
     enhancement activities along Riverside Boulevard and at 
     Riverside Park South''.
       (b) Unused Obligation Authority.--Notwithstanding any other 
     provision of law, unused obligation authority made available 
     for an item in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1256) that is repealed, or authorized 
     funding for such an item that is reduced, by this section 
     shall be made available--
       (1) for an item in section 1702 of that Act that is added 
     or increased by this section and that is in the same State as 
     the item for which obligation authority or funding is 
     repealed or reduced;
       (2) in an amount proportional to the amount of obligation 
     authority or funding that is so repealed or reduced; and
       (3) individually for projects numbered 1 through 3676 
     pursuant to section 1102(c)(4)(A) of that Act (119 Stat. 
     1158).
       (c) Transfer of Project Funds.--The Secretary of 
     Transportation shall transfer to the Commandant of the Coast 
     Guard amounts made available to carry out the project 
     described in item number 4985 of the table contained in 
     section 1702 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1447) to carry out that project, in accordance with the Act 
     of June 21, 1940, commonly known as the ``Truman-Hobbs Act'', 
     (33 U.S.C. 511 et seq.).
       (d) Additional Discretionary Use of Surface Transportation 
     Program Funds.--Of the funds apportioned to each State under 
     section 104(b)(3) of title 23, United States Code, a State 
     may expend for each of fiscal years 2008 and 2009 not more 
     than $1,000,000 for the following activities:
       (1) Participation in the Joint Operation Center for Fuel 
     Compliance established under section 143(b)(4)(H) of title 
     23, United States Code, within the Department of the 
     Treasury, including the funding of additional positions for 
     motor fuel tax enforcement officers and other staff dedicated 
     on a full-time basis to participation in the activities of 
     the Center.
       (2) Development, operation, and maintenance of electronic 
     filing systems to coordinate data exchange with the Internal 
     Revenue Service by States that impose a tax on the removal of 
     taxable fuel from any refinery and on the removal of taxable 
     fuel from any terminal.
       (3) Development, operation, and maintenance of electronic 
     single point of filing in conjunction with the Internal 
     Revenue Service by States that impose a tax on the removal of 
     taxable fuel from any refinery and on the removal of taxable 
     fuel from any terminal.
       (4) Development, operation, and maintenance of a 
     certification system by a State of any fuel sold to a State 
     or local government (as defined in section 4221(d)(4) of the 
     Internal Revenue Code of 1986) for the exclusive use of the 
     State or local government or sold to a qualified volunteer 
     fire department (as defined in section 150(e)(2) of such 
     Code) for its exclusive use.
       (5) Development, operation, and maintenance of a 
     certification system by a State of any fuel sold to a 
     nonprofit educational organization (as defined in section 
     4221(d)(5) of such Code) that includes verification of the 
     good standing of the organization in the State in which the 
     organization is providing educational services.
       (e) Project Federal Share.--Section 1964 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity: A 
     Legacy for Users (119 Stat. 1519) is amended by adding at the 
     end the following:
       ``(c) Special Rule.--Notwithstanding any other provision of 
     law, the Federal share of the cost of the projects described 
     in item numbers 1284 and 3093 in the table contained in 
     section 1702 of this Act shall be 100 percent.''.

     SEC. 106. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.

       Section 1807(a)(3) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1460) is amended by striking ``Minneapolis-St. Paul, 
     Minnesota'' and inserting ``Minneapolis, Minnesota''.

[[Page 6343]]



     SEC. 107. CORRECTION OF INTERSTATE AND NATIONAL HIGHWAY 
                   SYSTEM DESIGNATIONS.

       (a) Treatment.--Section 1908(a) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1469) is amended by striking paragraph (3).
       (b) National Highway System.--Section 1908(b) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1470) is amended by striking 
     ``from the Arkansas State line'' and inserting ``from 
     Interstate Route 540''.

     SEC. 108. BUDGET JUSTIFICATION; BUY AMERICA.

       (a) Budget Justification.--Section 1926 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1483) is amended by striking 
     ``The Department'' and inserting ``Notwithstanding any other 
     provision of law, the Department''.
       (b) Buy America.--Section 1928 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1484) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the current application by the Federal Highway 
     Administration of the Buy America test, that is only applied 
     to components or parts of a bridge project and not the entire 
     bridge project, is inconsistent with this sense of 
     Congress;''.

     SEC. 109. TRANSPORTATION IMPROVEMENTS.

       The table contained in section 1934(c) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1486) is amended--
       (1) in item number 436 by inserting ``, Saole,'' after 
     ``Sua'';
       (2) in item number 448 by inserting ``by removing asphalt 
     and concrete and reinstalling blue cobblestones'' after 
     ``streets'';
       (3) by striking item number 451;
       (4) in item number 452 by striking ``$2,000,000'' and 
     inserting ``$3,000,000'';
       (5) in item number 12 by striking ``Yukon River'' and 
     inserting ``Kuskokwim River'';
       (6) in item number 18 by striking ``Engineering and 
     Construction in Merced County'' and inserting ``and safety 
     improvements/realignment of SR 165 project study report and 
     environmental studies in Merced and Stanislaus Counties'';
       (7) in item number 38 by striking the project description 
     and inserting ``Relocation of the Newark Train Station'';
       (8) in item number 57 by striking the project description 
     and inserting ``Kingsland bypass from CR 61 to I-95, Camden 
     County'';
       (9) in item number 114 by striking ``IA-32'' and inserting 
     ``SW'' after ``Construct'';
       (10) in item number 122 by striking the project description 
     and inserting ``Design, right-of-way acquisition, and 
     construction of the SW Arterial and connections to U.S. 20, 
     Dubuque County'';
       (11) in item number 130 by striking the project description 
     and inserting ``Improvements and rehabilitation to rail and 
     bridges on the Appanoose County Community Railroad'';
       (12) in item number 133 by striking ``IA-32'';
       (13) in item number 138 by striking the project description 
     and inserting ``West Spencer Beltway Project'';
       (14) in item number 142 by striking ``MP 9.3, Segment I, 
     II, and III'' and inserting ``Milepost 24.3'';
       (15) in item number 161 by striking ``Bridge replacement on 
     Johnson Drive and Nall Ave.'' and inserting ``Construction 
     improvements'';
       (16) in item number 182 by striking the project description 
     and inserting ``Improve U.S. 40, M.D. 715 interchange, and 
     other roadways in the vicinity of Aberdeen Proving Ground to 
     support BRAC-related growth'';
       (17) in item number 198 by striking the project description 
     and inserting ``Construct 1 or more grade separated crossings 
     of I-75 and make associated improvements to improve local and 
     regional east-west mobility between Mileposts 279 and 282'';
       (18) in item number 201 by striking the project description 
     and inserting ``Alger County, to reconstruct, pave, and 
     realign a portion of H-58 from 2,600 feet south of Little 
     Beaver Lake Road to 4,600 feet east of Hurricane River'';
       (19) in item number 238 by striking the project description 
     and inserting ``Develop and construct the St. Mary water 
     project road and bridge infrastructure, including a new 
     bridge and approaches across St. Mary River, stabilization 
     and improvements to United States Route 89, and road/canal 
     from Siphon Bridge to Spider Lake, on the condition that 
     $2,500,000 of the amount made available to carry out this 
     item may be made available to the Bureau of Reclamation for 
     use for the Swift Current Creek and Boulder Creek bank and 
     bed stabilization project in the Lower St. Mary Lake 
     drainage'';
       (20) in item number 329 by inserting ``, Tulsa'' after 
     ``technology'';
       (21) in item number 358 by striking ``fuel-celled'' and 
     inserting ``fueled'';
       (22) in item number 374 by striking the project description 
     and inserting ``Construct a 4-lane highway between Maverick 
     Junction and the Nebraska border'';
       (23) in item number 402 by striking ``from 2 to 5 lanes and 
     improve alignment within rights-of-way in St. George'' and 
     inserting ``, St. George'';
       (24) in item number 309 by striking the project description 
     and inserting ``Streetscape, roadway, pedestrian, and parking 
     improvements at the intersection of Meadow Lane, Chestnut 
     Lane, Willow Drive, and Liberty Avenue for the College of New 
     Rochelle campus in New Rochelle''; and
       (25) in item number 462 by striking the project description 
     and inserting ``I-75 widening and improvements in Collier and 
     Lee Counties, Florida''.

     SEC. 110. I-95/CONTEE ROAD INTERCHANGE DESIGN.

       Section 1961 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1518) is amended--
       (1) in the section heading by striking ``study'' 
     and inserting ``design'';
       (2) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Design.--The Secretary shall make available the funds 
     authorized to be appropriated by this section for the design 
     of the I-95/Contee Road interchange in Prince George's 
     County, Maryland.''; and
       (3) by redesignating subsection (d) as subsection (b).

     SEC. 111. HIGHWAY RESEARCH FUNDING.

       (a) F-SHRP Funding.--Notwithstanding any other provision of 
     law, for each of fiscal years 2008 and 2009, at any time at 
     which an apportionment is made of the sums authorized to be 
     appropriated for the surface transportation program, the 
     congestion mitigation and air quality improvement program, 
     the National Highway System, the Interstate maintenance 
     program, the bridge program, or the highway safety 
     improvement program, the Secretary of Transportation shall--
       (1) deduct from each apportionment an amount not to exceed 
     0.205 percent of the apportionment; and
       (2) transfer or otherwise make that amount available to 
     carry out section 510 of title 23, United States Code.
       (b) Conforming Amendments.--
       (1) Funding.--Section 5101 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1779) is amended--
       (A) in subsection (a)(1) by striking ``509, and 510'' and 
     inserting ``and 509'';
       (B) in subsection (a)(4) by striking ``$69,700,000'' and 
     all that follows through ``2009'' and inserting ``$40,400,000 
     for fiscal year 2005, $69,700,000 for fiscal year 2006, 
     $76,400,000 for each of fiscal years 2007 and 2008, and 
     $78,900,000 for fiscal year 2009''; and
       (C) in subsection (b) by inserting after ``50 percent'' the 
     following ``or, in the case of funds appropriated by 
     subsection (a) to carry out section 5201, 5202, or 5203 of 
     this Act, 80 percent''.
       (2) Future strategic highway research program.--Section 
     5210 of such Act (119 Stat. 1804) is amended--
       (A) by striking subsection (c); and
       (B) by redesignating subsection (d) as subsection (c).
       (c) Contract Authority.--Funds made available under this 
     section shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1 of title 23, 
     United States Code, except that the Federal share shall be 
     determined under section 510(f) of that title.
       (d) Applicability of Obligation Limitation.--Funds made 
     available under this section shall be subject to any 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs under section 1102 the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (23 U.S.C. 104 note; 119 Stat. 1157) 
     or any other Act.
       (e) Equity Bonus Formula.--Notwithstanding any other 
     provision of law, in allocating funds for the equity bonus 
     program under section 105 of title 23, United States Code, 
     for each of fiscal years 2008 and 2009, the Secretary of 
     Transportation shall make the required calculations under 
     that section as if this section had not been enacted.
       (f) Funding for Research Activities.--Of the amount made 
     available by section 5101(a)(1) of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (119 Stat. 1779)--
       (1) at least $1,000,000 shall be made available for each of 
     fiscal years 2008 and 2009 to carry out section 502(h) of 
     title 23, United States Code; and
       (2) at least $4,900,000 shall be made available for each of 
     fiscal years 2008 and 2009 to carry out section 502(i) of 
     that title.
       (g) Technical Amendments.--
       (1) Surface transportation research.--Section 502 of title 
     23, United States Code, is amended by striking the first 
     subsection (h), relating to infrastructure investment needs 
     reports beginning with the report for January 31, 1999.
       (2) Advanced travel forecasting procedures program.--
     Section 5512(a)(2) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1829) is amended by striking ``Program appreciation.--
     '' and inserting ``Program application.--''.
       (3) University transportation research.--Section 5506 of 
     title 49, United States Code, is amended--
       (A) in subsection (c)(2)(B) by striking ``tier'' and 
     inserting ``Tier'';
       (B) in subsection (i)--
       (i) by striking ``In order to'' and inserting the 
     following:
       ``(1) In general.--In order to''; and
       (ii) by adding at the end the following:
       ``(2) Special rule.--Nothing in paragraph (1) requires a 
     nonprofit institution of higher learning designated as a Tier 
     II university transportation center to maintain total 
     expenditures as described in paragraph (1) in excess of the 
     amount of the grant awarded to the institution.''; and

[[Page 6344]]

       (C) in subsection (k)(3) by striking ``The Secretary'' and 
     all that follows through ``to carry out this section'' and 
     inserting ``For each of fiscal years 2008 and 2009, the 
     Secretary shall expend not more than 1.5 percent of amounts 
     made available to carry out this section''.

     SEC. 112. RESCISSION.

       Section 10212 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (as amended by 
     section 1302 of the Pension Protection Act of 2006 (Public 
     Law 109-280)) (119 Stat. 1937; 120 Stat. 780) is amended by 
     striking ``$8,593,000,000'' each place it appears and 
     inserting ``$8,708,000,000''.

     SEC. 113. TEA-21 TECHNICAL CORRECTIONS.

       (a) Surface Transportation Program.--Section 1108(f)(1) of 
     the Transportation Equity Act for the 21st Century (23 U.S.C. 
     133 note; 112 Stat. 141) is amended by striking ``2003'' and 
     inserting ``2009''.
       (b) Project Authorizations.--The table contained in section 
     1602 of such Act (112 Stat. 257) is amended--
       (1) in item number 1096 (as amended by section 1703(a)(11) 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1454)) by inserting 
     ``, and planning and construction to Heisley Road,'' before 
     ``in Mentor, Ohio'';
       (2) in item number 1646 by striking ``and construction'' 
     and inserting ``construction, reconstruction, resurfacing, 
     restoration, rehabilitation, and repaving''; and
       (3) in item number 614 by inserting ``and for NJ Carteret, 
     NJ Ferry Service Terminal'' after ``east''.

     SEC. 114. HIGH PRIORITY CORRIDOR AND INNOVATIVE PROJECT 
                   TECHNICAL CORRECTIONS.

       (a) High Priority Corridors.--Section 1105(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2032; 119 Stat. 1212) is amended--
       (1) in paragraph (63) by striking ``and United States 
     Routes 1, 3, 9, 17, and 46,'' and inserting ``United States 
     Routes 1, 9, and 46, and State Routes 3 and 17,''; and
       (2) in paragraph (64)--
       (A) by striking ``United States Route 42'' and inserting 
     ``State Route 42''; and
       (B) by striking ``Interstate Route 676'' and inserting 
     ``Interstate Routes 76 and 676''.
       (b) Innovative Projects.--Item number 89 of the table 
     contained in section 1107(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2052) is 
     amended in the matter under the column with the heading 
     ``Innovative projects'' by inserting ``and contiguous 
     counties'' after ``Michigan''.

     SEC. 115. DEFINITION OF REPEAT INTOXICATED DRIVER LAW.

       Section 164(a)(5) of title 23, United States Code, is 
     amended by striking subparagraphs (A) and (B) and inserting 
     the following:
       ``(A) receive--
       ``(i) a driver's license suspension for not less than 1 
     year; or
       ``(ii) a combination of suspension of all driving 
     privileges for the first 45 days of the suspension period 
     followed by a reinstatement of limited driving privileges for 
     the purpose of getting to and from work, school, or an 
     alcohol treatment program if an ignition interlock device is 
     installed on each of the motor vehicles owned or operated, or 
     both, by the individual;
       ``(B) be subject to the impoundment or immobilization of, 
     or the installation of an ignition interlock system on, each 
     motor vehicle owned or operated, or both, by the 
     individual;''.

     SEC. 116. RESEARCH TECHNICAL CORRECTION.

       Section 5506(e)(5)(C) of title 49, United States Code, is 
     amended by striking ``$2,225,000''and inserting 
     ``$2,250,000''.

     SEC. 117. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS.

       (a) Waiver Notification.--
       (1) In general.--If the Secretary of Transportation makes a 
     finding under section 313(b) of title 23, United States Code, 
     with respect to a project, the Secretary shall--
       (A) publish in the Federal Register, before the date on 
     which such finding takes effect, a detailed written 
     justification as to the reasons that such finding is needed; 
     and
       (B) provide notice of such finding and an opportunity for 
     public comment on such finding for a period of not to exceed 
     60 days.
       (2) Limitation on statutory construction.--Nothing in 
     paragraph (1) shall be construed to require the effective 
     date of a finding referred to in paragraph (1) to be delayed 
     until after the close of the public comment period referred 
     to in paragraph (1)(B).
       (b) Annual Reports.--Not later than February 1 of each year 
     beginning after the date of enactment of this Act, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the projects for which the Secretary made findings 
     under section 313(b) of title 23, United States Code, during 
     the preceding calendar year and the justifications for such 
     findings.

     SEC. 118. EFFICIENT USE OF EXISTING HIGHWAY CAPACITY.

       (a) Study.--The Secretary of Transportation shall conduct a 
     study on the impacts of converting left and right highway 
     safety shoulders to travel lanes.
       (b) Contents.--In conducting the study, the Secretary 
     shall--
       (1) analyze instances in which safety shoulders are used 
     for general purpose vehicle traffic, high occupancy vehicles, 
     and public transportation vehicles;
       (2) analyze instances in which safety shoulders are not 
     part of the roadway design;
       (3) evaluate whether or not conversion of safety shoulders 
     or the lack of a safety shoulder in the original roadway 
     design has a significant impact on the number of accidents or 
     has any other impact on highway safety; and
       (4) compile relevant statistics.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study.

     SEC. 119. FUTURE INTERSTATE DESIGNATION.

       (a) In General.--Subject to subsection (b), the Secretary 
     of Transportation shall designate, as a future Interstate 
     Route 69 Spur, the Audubon Parkway and, as a future 
     Interstate Route 66 Spur, the Natcher Parkway in Owensboro, 
     Kentucky. Any segment of such routes shall become part of the 
     Interstate System (as defined in section 101 of title 23, 
     United States Code) at such time as the Secretary determines 
     that the segment--
       (1) meets the Interstate System design standards approved 
     by the Secretary under section 109(b) of title 23, United 
     States Code; and
       (2) connects to an existing Interstate System segment.
       (b) Signs.--Section 103(c)(4)(B)(iv) of title 23, United 
     States Code, shall apply to the designations under subsection 
     (a); except that a State may install signs on the 2 parkways 
     that are to be designated under subsection (a) indicating the 
     approximate location of each of the future Interstate System 
     highways.
       (c) Removal of Designation.--The Secretary shall remove 
     designation of a highway referred to in subsection (a) as a 
     future Interstate System route if the Secretary, as of the 
     last day of the 25-year period beginning on the date of 
     enactment of this Act, has not made the determinations under 
     paragraphs (1) and (2) of subsection (a) with respect to such 
     highway.

     SEC. 120. PROJECT FLEXIBILITY.

       Section 1935(b)(1) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1510) is amended by inserting ``the project numbered 
     1322 and'' before ``the projects''.

     SEC. 121. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided in this Act 
     (including subsection (b)), this Act and the amendments made 
     by this Act take effect on the date of enactment of this Act.
       (b) Exception.--
       (1) In general.--The amendments made by this Act (other 
     than the amendments made by sections 101(g), 101(m)(1)(H), 
     103, 105, 109, and 201(o)) to the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1144) shall--
       (A) take effect as of the date of enactment of that Act; 
     and
       (B) be treated as being included in that Act as of that 
     date.
       (2) Effect of amendments.--Each provision of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59; 119 Stat. 1144) 
     (including the amendments made by that Act) (as in effect on 
     the day before the date of enactment of this Act) that is 
     amended by this Act (other than sections 101(g), 
     101(m)(1)(H), 103, 105, 109, and 201(o)) shall be treated as 
     not being enacted.
       (c) Conforming Amendment to Highway Trust Fund.--
     Subsections (c)(1) and (e)(3) of section 9503 of the Internal 
     Revenue Code of 1986 are each amended by striking ``Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users'' and inserting ``SAFETEA-LU Technical 
     Corrections Act of 2008''.

                      TITLE II--TRANSIT PROVISIONS

     SEC. 201. TRANSIT TECHNICAL CORRECTIONS.

       (a) Section 5302.--Section 5302(a)(10) of title 49, United 
     States Code, is amended by striking ``charter,'' and 
     inserting ``charter, sightseeing,''.
       (b) Section 5303.--
       (1) Section 5303(f)(3)(C)(ii) of such title is amended by 
     striking subclause (II) and inserting the following:

       ``(II) Funding.--For fiscal year 2008 and each fiscal year 
     thereafter, in addition to other funds made available to the 
     metropolitan planning organization for the Lake Tahoe region 
     under this chapter and title 23, prior to any allocation 
     under section 202 of title 23, and notwithstanding the 
     allocation provisions of section 202, the Secretary shall set 
     aside \1/2\ of 1 percent of all funds authorized to be 
     appropriated for such fiscal year to carry out section 204 of 
     title 23, and shall make such funds available to the 
     metropolitan planning organization for the Lake Tahoe region 
     to carry out the transportation planning process, 
     environmental reviews, preliminary engineering, and design to 
     complete environmental documentation for transportation 
     projects for the Lake Tahoe region under the Tahoe Regional 
     Planning Compact as consented to in Public Law 96-551 (94 
     Stat. 3233) and this paragraph.''.

       (2) Section 5303(j)(3)(D) of such title is amended--
       (A) by inserting ``or the identified phase'' before 
     ``within the time''; and
       (B) by inserting ``or the identified phase'' before the 
     period at the end.
       (3) Section 5303(k)(2) of such title is amended by striking 
     ``a metropolitan planning area serving''.
       (c) Section 5307.--Section 5307(b) of such title is 
     amended--
       (1) in the heading for paragraph (2) by striking ``2007'' 
     and inserting ``2009'';
       (2) in paragraph (2)(A)--
       (A) by striking ``2007'' and inserting ``2009''; and
       (B) by striking ``mass'' and inserting ``public'';

[[Page 6345]]

       (3) by adding at the end of paragraph (2) the following:
       ``(E) Maximum amounts in fiscal years 2008 and 2009.--In 
     fiscal years 2008 and 2009--
       ``(i) amounts made available to any urbanized area under 
     clause (i) or (ii) of subparagraph (A) shall be not more than 
     50 percent of the amount apportioned in fiscal year 2002 to 
     the urbanized area with a population of less than 200,000, as 
     determined in the 1990 decennial census of population;
       ``(ii) amounts made available to any urbanized area under 
     subparagraph (A)(iii) shall be not more than 50 percent of 
     the amount apportioned to the urbanized area under this 
     section for fiscal year 2003; and
       ``(iii) each portion of any area not designated as an 
     urbanized area, as determined by the 1990 decennial census, 
     and eligible to receive funds under subparagraph (A)(iv), 
     shall receive an amount of funds to carry out this section 
     that is not less than 50 percent of the amount the portion of 
     the area received under section 5311 in fiscal year 2002.''; 
     and
       (4) in paragraph (3) by striking ``section 5305(a)'' and 
     inserting ``section 5303(k)''.
       (d) Section 5309.--Section 5309 of such title is amended--
       (1) in subsection (d)(5)(B) by striking ``regulation.'' and 
     inserting ``this subsection and shall give comparable, but 
     not necessarily equal, numerical weight to each project 
     justification criteria in calculating the overall project 
     rating.'';
       (2) in subsection (e)(6)(B) by striking ``subsection.'' and 
     inserting ``subsection and shall give comparable, but not 
     necessarily equal, numerical weight to each project 
     justification criteria in calculating the overall project 
     rating.'';
       (3) in the heading for paragraph (2)(A) of subsection (m) 
     by striking ``Major capital'' and inserting ``Capital''; and
       (4) in subsection (m)(7)(B) by striking ``section 3039'' 
     and inserting ``section 3045''.
       (e) Section 5311.--Section 5311 of such title is amended--
       (1) in subsection (g)(1)(A) by striking ``for any purpose 
     other than operating assistance'' and inserting ``for a 
     capital project or project administrative expenses'';
       (2) in subsections (g)(1)(A) and (g)(1)(B) by striking 
     ``capital'' after ``net''; and
       (3) in subsection (i)(1) by striking ``Sections 
     5323(a)(1)(D) and 5333(b) of this title apply'' and inserting 
     ``Section 5333(b) applies''.
       (f) Section 5312.--The heading for section 5312(c) of such 
     title is amended by striking ``Mass Transportation'' and 
     inserting ``Public Transportation''.
       (g) Section 5314.--Section 5314(a)(3) is amended by 
     striking ``section 5323(a)(1)(D)'' and inserting ``section 
     5333(b)''.
       (h) Section 5319.--Section 5319 of such title is amended by 
     striking ``section 5307(k)'' and inserting ``section 
     5307(d)(1)(K)''.
       (i) Section 5320.--Section 5320 of such title is amended--
       (1) in subsection (a)(1)(A) by striking ``intra--agency'' 
     and inserting ``intraagency'';
       (2) in subsection (b)(5)(A) by striking ``5302(a)(1)(A)'' 
     and inserting ``5302(a)(1)'';
       (3) in subsection (d)(1) by inserting ``to administer this 
     section and'' after ``5338(b)(2)(J)'';
       (4) by adding at the end of subsection (d) the following:
       ``(4) Transfers to land management agencies.--The Secretary 
     may transfer amounts available under paragraph (1) to the 
     appropriate Federal land management agency to pay necessary 
     costs of the agency for such activities described in 
     paragraph (1) in connection with activities being carried out 
     under this section.'';
       (5) in subsection (k)(3) by striking ``subsection (d)(1)'' 
     and inserting ``subsection (e)(1)'';
       (6) by redesignating subsections (a) through (m) as 
     subsections (b) through (n), respectively; and
       (7) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Program Name.--The program authorized by this section 
     shall be known as the Paul S. Sarbanes Transit in Parks 
     Program.''.
       (j) Section 5323.--Section 5323(n) of such title is amended 
     by striking ``section 5336(e)(2)'' and inserting ``section 
     5336(d)(2)''.
       (k) Section 5325.--Section 5325(b) of such title is 
     amended--
       (1) in paragraph (1) by inserting before the period at the 
     end ``adopted before August 10, 2005'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (l) Section 5336.--
       (1) Apportionments of formula grants.--Section 5336 of such 
     title is amended--
       (A) in subsection (a) by striking ``Of the amount'' and all 
     that follows before paragraph (1) and inserting ``Of the 
     amount apportioned under subsection (i)(2) to carry out 
     section 5307--'';
       (B) in subsection (d)(1) by striking ``subsections (a) and 
     (h)(2) of section 5338'' and inserting ``subsections 
     (a)(1)(C)(vi) and (b)(2)(B) of section 5338''; and
       (C) by redesignating subsection (c), as added by section 
     3034(c) of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (119 Stat. 
     1628), as subsection (k).
       (2) Technical amendments.--Section 3034(d)(2) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1629), is amended by striking 
     ``paragraph (2)'' and inserting ``subsection (a)(2)''.
       (m) Section 5337.--Section 5337(a) of title 49, United 
     States Code, is amended by striking ``for each of fiscal 
     years 1998 through 2003'' and inserting ``for each of fiscal 
     years 2005 through 2009''.
       (n) Section 5338.--Section 5338(d)(1)(B) of such title is 
     amended by striking ``section 5315(a)(16)'' and inserting 
     ``section 5315(b)(2)(P)''.
       (o) SAFETEA-LU.--
       (1) Section 3011.--Section 3011(f) of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1589) is amended by adding to the 
     end the following:
       ``(5) Central Florida Commuter Rail Transit Project.''.
       (2) Section 3037.--Section 3037(c) of such Act (119 Stat. 
     1636) is amended--
       (A) in paragraph (3) by striking ``Phase II''; and
       (B) by striking paragraph (10).
       (3) Section 3040.--Section 3040(4) of such Act (119 Stat. 
     1639) is amended by striking ``$7,871,895,000'' and inserting 
     ``$7,872,893,000''.
       (4) Section 3043.--
       (A) Portland, oregon.--Section 3043(b)(27) of such Act (119 
     Stat. 1642) is amended by inserting ``/Milwaukie'' after 
     ``Mall''.
       (B) Los angeles.--
       (i) Phase 1.--Section 3043(b)(13) of such Act (119 Stat. 
     1642) is amended to read as follows:
       ``(13) Los Angeles--Exposition LRT (Phase 1).''.
       (ii) Phase 2.--Section 3043(c) of such Act (119 Stat. 1645) 
     is amended by inserting after paragraph (104) the following:
       ``(104A) Los Angeles--Exposition LRT (Phase 2).''.
       (C) San diego.--Section 3043(c)(105) of such Act (119 Stat. 
     1645) is amended by striking ``LOSSAN Del Mar-San Diego--Rail 
     Corridor Improvements'' and inserting ``LOSSAN Rail Corridor 
     Improvements''.
       (D) San diego.--Section 3043(c)(217) of such Act (119 Stat. 
     1648) is amended by striking ``San Diego'' and inserting 
     ``San Diego Transit''.
       (E) Sacramento.--Section 3043(c)(204) of such Act (119 
     Stat. 647) is amended by striking ``Downtown''.
       (F) Boston.--Section 3043(d)(6) of such Act (119 Stat. 
     1649) is amended to read as follows:
       ``(6) Boston-Silver Line Phase III, $20,000,000.''.
       (G) Project construction grants.--Section 3043(e) of such 
     Act (119 Stat. 1651) is amended by adding at the end the 
     following:
       ``(4) Project construction grants.--Projects recommended by 
     the Secretary for a project construction grant agreement 
     under section 5309(e) of title 49, United States Code, or for 
     funding under section 5309(m)(2)(A)(i) of such title during 
     fiscal year 2008 and fiscal year 2009 are authorized for 
     preliminary engineering, final design, and construction for 
     fiscal years 2007 through 2009 upon the completion of the 
     notification process for each such project under section 
     5309(g)(5).''.
       (H) Los angeles and san gabriel valley.--Section 3043 of 
     such Act (119 Stat. 1640) is amended by adding at the end the 
     following:
       ``(k) Los Angeles Extension.--In evaluating the local share 
     of the project authorized by subsection (c)(104A) in the new 
     starts rating process, the Secretary shall give consideration 
     to project elements of the project authorized by subsection 
     (b)(13) advanced with 100 percent non-Federal funds.
       ``(l) San Gabriel Valley--Gold Line Foothill Extension 
     Phase II.--In evaluating the local share of the San Gabriel 
     Valley--Gold Line Foothill Extension Phase II project 
     authorized by subsection (b)(33) in the new starts rating 
     process, the Secretary shall give consideration to project 
     elements of the San Gabriel Valley--Gold Line Foothill 
     Extension Phase I project advanced with 100 percent non-
     Federal funds.''.
       (5) Section 3044.--
       (A) Projects.--The table contained in section 3044(a) of 
     such Act (119 Stat. 1652) is amended--
       (i) in item 25--

       (I) by striking ``$217,360'' and inserting ``$167,360''; 
     and
       (II) by striking ``$225,720'' and inserting ``$175,720'';

       (ii) in item number 36 by striking the project description 
     and inserting ``Los Angeles County Metropolitan 
     Transportation Authority (LACMTA) for bus and bus-related 
     facilities in the LACMTA's service area'';
       (iii) in item number 71 by inserting ``Metropolitan Bus 
     Authority'' after ``Puerto Rico'';
       (iv) in item number 84 by striking the project description 
     and inserting ``Improvements to the existing Sacramento 
     Intermodal Facility (Sacramento Valley Station)'';
       (v) in item number 94 by striking the project description 
     and inserting ``Pacific Transit, WA Vehicle Replacement'';
       (vi) in item number 120 by striking ``Dayton Airport 
     Intermodal Rail Feasibility Study'' and inserting ``Greater 
     Dayton Regional Transit Authority buses and bus facilities'';
       (vii) in item number 152 by inserting ``Metropolitan Bus 
     Authority'' after ``Puerto Rico'';
       (viii) in item number 416 by striking ``Improve marine 
     intermodal'' and inserting ``Improve marine dry-dock and'';
       (ix) in item number 457--

       (I) by striking ``$65,000'' and inserting ``$0''; and
       (II) by striking ``$67,500'' and inserting ``$0''; and

       (x) in item number 458--

       (I) by striking ``$65,000'' and inserting ``$130,000'';
       (II) by striking ``$67,500'' and inserting ``$135,000''; 
     and

       (xi) in item number 57 by striking the project description 
     and inserting ``Wilmington, NC, maintenance and operations 
     facilities and administration and transfer facilities'';

[[Page 6346]]

       (xii) in item number 460 by striking the matters in the 
     project description, FY08 column, and FY09 column and 
     inserting ``460. Mid-Region Council of Governments, New 
     Mexico, public transportation buses, bus-related equipment 
     and facilities, and intermodal terminals in Albuquerque and 
     Santa Fe'', ``$500,000'', and ``$500,000'', respectively.
       (xiii) in item number 138 by striking ``Design'' and 
     inserting ``Determine scope, engineering, design,'';
       (xiv) in item number 23 by striking ``Construct'' and 
     inserting ``Design, engineering, right-of-way acquisition, 
     and construction'';
       (xv) in item number 439 by inserting before ``Central'' the 
     following: ``Design, engineering, right-of-way acquisition, 
     and construction'';
       (xvi) in item number 453 by inserting before ``Central'' 
     the following: ``Design, engineering, right-of-way 
     acquisition, and construction'';
       (xvii) in item number 371 by striking the project 
     description and inserting ``Regional Transportation 
     Commission of Southern Nevada, Sunset Bus Maintenance 
     Facility'';
       (xviii) in item number 487 by striking ``Central Arkansas 
     Transit Authority Facility Upgrades'' and inserting ``Central 
     Arkansas Transit Authority Bus Acquisition'';
       (xix) in item number 491 by striking the project 
     description and inserting ``Pace, IL, Cermak Road, Bus Rapid 
     Transit, and related bus projects, and alternatives 
     analysis'';
       (xx) in item number 512 by striking ``Corning, NY, Phase II 
     Corning Preserve Transportation Enhancement Project'' and 
     inserting ``Transportation Center Enhancements, Corning, 
     NY'';
       (xxi) in item number 534 by striking ``Community Buses'' 
     and inserting ``Bus and Bus Facilities'';
       (xxii) in item number 570 by striking ``Maine Department of 
     Transportation-Acadia Intermodal Facility'' and inserting 
     ``MaineDOT Acadia Intermodal Passenger and Maintenance 
     Facility'';
       (xxiii) in item number 80 by striking the project 
     description and amounts and inserting ``Flagler County, 
     Florida-buses and bus facility'', ``$57,684'', ``$60,192'', 
     ``$65,208'', and ``$67,716'' respectively;
       (xxiv) in item number 135 by striking the project 
     description and inserting ``Pace Suburban Bus, IL-Purchase 
     Vehicles'';
       (xxv) in item number 276 by striking the project 
     description and amounts and inserting ``Long Beach Transit, 
     Long Beach, California, for the purchase of transit vehicles 
     and enhancement of para-transit and senior transportation 
     services'', ``$128,180'', ``$133,760'', ``$144,906'', and 
     ``$150,480'', respectively; and
       (xxvi) by adding at the end--

       (I)(aa) in the project description column ``666. New York 
     City, NY, rehabilitation of subway stations to include 
     passenger access improvements including escalators or 
     installation of infrastructure for security and surveillance 
     purposes''; and
       (bb) in the FY08 column and the FY09 column ``$50,000'';
       (II)(aa) in the project description column ``667. St. Johns 
     County Council on Aging buses and bus facilities, Florida''; 
     and
       (bb) in the FY06, FY07, FY08, and FY09 columns ``$57,684'', 
     ``$60,192'', ``$65,208'', and ``$67,716'', respectively;
       (III)(aa) in the project description column ``668. The City 
     of Compton, California, for the replacement of buses and 
     paratransit vehicles''; and
       (bb) in the FY06, FY07, FY08, and FY09 columns 
     ``$128,180'', ``$133,760'', ``$144,906'', and ``$150,480'', 
     respectively; and
       (IV)(aa) in the project description column ``669. City of 
     Los Angeles, California, for the purchase of transit vehicles 
     in Watts and enhancement of paratransit and senior 
     transportation services''; and
       (bb) in the FY06, FY07, FY08, and FY09 columns 
     ``$128,200'', ``$133,760'', ``$144,908'', and ``$150,480'', 
     respectively.

       (B) Special rule.--Section 3044(c) of such Act (119 Stat. 
     1705) is amended--
       (i) by inserting ``, or other entity,'' after ``State or 
     local governmental authority''; and
       (ii) by striking ``projects numbered 258 and 347'' and 
     inserting ``projects numbered 258, 347, and 411''; and
       (iii) by striking the period at the end and inserting: ``, 
     and funds made available for fiscal year 2006 for the bus and 
     bus-related facilities projects numbered 176 and 652 under 
     subsection (a) shall remain available until September 30, 
     2009.''.
       (6) Section 3046.--Section 3046(a)(7) of such Act (119 
     Stat. 1708) is amended--
       (A) by striking ``hydrogen fuel cell vehicles'' and 
     inserting ``hydrogen fueled vehicles'';
       (B) by striking ``hydrogen fuel cell employee shuttle 
     vans'' and inserting ``hydrogen fueled employee shuttle 
     vans''; and
       (C) by striking ``in Allentown, Pennsylvania'' and 
     inserting ``to the DaVinci Center in Allentown, 
     Pennsylvania''.
       (7) Section 3050.--Section 3050(b) of such Act (119 Stat. 
     1713) is amended by inserting ``by negotiating the extension 
     of the existing agreement between mile post 191.13 and mile 
     post 185.1 to mile post 165.9 in Rhode Island'' before the 
     period at the end.
       (p) Transit Tunnels.--In carrying out section 5309(d)(3)(D) 
     of title 49, United States Code, the Secretary of 
     Transportation shall specifically analyze, evaluate, and 
     consider--
       (1) the congestion relief, improved mobility, and other 
     benefits of transit tunnels in those projects which include a 
     transit tunnel; and
       (2) the associated ancillary and mitigation costs necessary 
     to relieve congestion, improve mobility, and decrease air and 
     noise pollution in those projects which do not include a 
     transit tunnel, but where a transit tunnel was one of the 
     alternatives analyzed.
       (q) Knoxville, Tennessee, Property Acquisition.--The 
     acquisition of property for the city of Knoxville, Tennessee, 
     for the Knoxville, Tennessee, Central Station project shall 
     be deemed to qualify as an acquisition of land for protective 
     purposes pursuant to section 622.101 of title 49, Code of 
     Federal Regulations, as in effect on the date of enactment of 
     this Act. The Secretary of Transportation may allow the costs 
     of such acquisition to be credited toward the non-Federal 
     share for the project.
       (r) California Transit Services.--The Secretary of 
     Transportation shall use not more than $3,000,000 of the 
     funds made available for use at the discretion of the 
     Secretary for fiscal year 2007 for Federal Transit 
     Administration Discretionary Programs, Bus and Bus Facilities 
     to reimburse the California State department of 
     transportation for actual and necessary costs of maintenance 
     and operation, less the amount of fares earned, for 
     additional public transportation services that were provided 
     by the department of transportation as a temporary substitute 
     for highway traffic service following the freeway collapse at 
     the interchange connecting Interstate Routes 80, 580, and 880 
     near the San Francisco-Oakland Bay Bridge, on April 29, 2007, 
     until the reopening of that facility on June 29, 2007. The 
     Federal share of the cost of activities reimbursed under this 
     subsection shall be 100 percent.

           TITLE III--OTHER SURFACE TRANSPORTATION PROVISIONS

     SEC. 301. TECHNICAL AMENDMENTS RELATING TO MOTOR CARRIER 
                   SAFETY.

       (a) Conforming Amendment Relating to High-Priority 
     Activities.--Section 31104(f) of title 49, United States 
     Code, is amended by striking the designation and heading for 
     paragraph (1) and by striking paragraph (2).
       (b) New Entrant Audits.--
       (1) Corrections of references.--Section 4107(b) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1720) is amended--
       (A) by striking ``Section 31104'' and inserting ``Section 
     31144''; and
       (B) in paragraph (1) by inserting ``(c)'' after ``the 
     second subsection''.
       (2) Conforming amendment.--Section 7112 of such Act (119 
     Stat. 1899) is amended by striking subsection (c).
       (c) Prohibited Transportation.--Section 4114(c)(1) of the 
     such Act (119 Stat. 1726) is amended by striking ``the second 
     subsection (c)'' and inserting ``(f)''.
       (d) Effective Date Relating to Medical Examiners.--Section 
     4116(f) of such Act (119 Stat. 1728) is amended by striking 
     ``amendment made by subsection (a)'' and inserting 
     ``amendments made by subsections (a) and (b)''.
       (e) Roadability Technical Correction.--Section 
     31151(a)(3)(E)(ii) of title 49, United States Code, is 
     amended by striking ``Act'' and inserting ``section''.
       (f) Correction of Subsection Reference.--Section 4121 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (119 Stat. 1734) is amended by 
     striking ``31139(f)(5)'' and inserting ``31139(g)(5)''.
       (g) CDL Learner's Permit Program Technical Correction.--
     Section 4122(2)(A) of such Act (119 Stat. 1734) is amended by 
     striking ``license'' and inserting ``licenses''.
       (h) CDL Information System Funding Reference.--Section 
     31309(f) of title 49, United States Code, is amended by 
     striking ``31318'' and inserting ``31313''.
       (i) Clarification of Reference.--Section 229(a)(1) of the 
     Federal Motor Carrier Safety Improvement Act of 1999 (49 
     U.S.C. 31136 note; 119 Stat. 1743) is amended by inserting 
     ``of title 49, United States Code,'' after ``31502''.
       (j) Redesignation of Section.--The second section 39 of 
     chapter 2 of title 18, United States Code, relating to 
     commercial motor vehicles required to stop for inspections, 
     and the item relating to such section in the analysis for 
     such chapter, are redesignated as section 40.
       (k) Office of Intermodalism.--Section 5503 of title 49, 
     United States Code, is amended--
       (1) in subsection (f)(2) by striking ``Surface 
     Transportation Safety Improvement Act of 2005'', and 
     inserting ``Motor Carrier Safety Reauthorization Act of 
     2005''; and
       (2) by redesignating the first subsection (h), relating to 
     authorization of appropriations, as subsection (i) and moving 
     it after the second subsection (h).
       (l) Use of Fees for Unified Carrier Registration System.--
     Section 13908 of title 49, United States Code, is amended by 
     redesignating subsection (e) as subsection (f) and inserting 
     after subsection (d) the following:
       ``(e) Use of Fees for Unified Carrier Registration 
     System.--Fees collected under this section may be credited to 
     the Department of Transportation appropriations account for 
     purposes for which such fees are collected and shall be 
     available for expenditure for such purposes until 
     expended.''.
       (m) Commercial Motor Vehicle Definition.--Section 
     14504a(a)(1)(B) of title 49, United States Code, is amended 
     by striking ``a motor carrier required to make any filing or 
     pay any fee to a State with respect to the motor carrier's 
     authority or insurance related to operation within such 
     State, the motor carrier'' and inserting ``determining the 
     size of a motor carrier or motor private carrier's fleet in 
     calculating the fee to be paid by a motor carrier or motor 
     private carrier pursuant to subsection (f)(1), the motor 
     carrier or motor private carrier''.

[[Page 6347]]

       (n) Clarification of Unreasonable Burden.--Section 
     14504a(c)(2) of title 49, United States Code, is amended by 
     striking ``interstate'' the last place it appears and 
     inserting ``intrastate''.
       (o) Contents of Agreement Typo.--Section 
     14504a(f)(1)(A)(ii) of title 49, United States Code, is 
     amended by striking ``or'' the last place it appears.
       (p) Other Unified Carrier Registration System Technical 
     Corrections.--Section 14504a of title 49, United States Code, 
     is amended--
       (1) in subsection (c)(1)(B) by striking ``the a'' and 
     inserting ``a'';
       (2) in subsection (f)(1)(A)(i) by striking ``in connection 
     with the filing of proof of financial responsibility''; and
       (3) in subsection (f)(1)(A)(ii) by striking ``in connection 
     with such a filing'' and inserting ``under the UCR 
     agreement''.
       (q) Identification of Vehicles.--Section 14506(b)(2) of 
     title 49, United States Code, is amended by inserting before 
     the semicolon at the end the following: ``or under an 
     applicable State law if, on October 1, 2006, the State has a 
     form of highway use taxation not subject to collection 
     through the International Fuel Tax Agreement''.
       (r) Driveaway Saddlemount Vehicle.--
       (1) Definition.--Section 31111(a)(4) of title 49, United 
     States Code, is amended--
       (A) in the paragraph heading by striking ``Drive-away 
     saddlemount with fullmount'' and inserting ``Driveaway 
     saddlemount'';
       (B) by striking ``drive-away saddlemount with fullmount'' 
     and inserting ``driveaway saddlemount''; and
       (C) by inserting ``Such combination may include one 
     fullmount.'' after the period at the end.
       (2) In general.--Section 31111(b)(1)(D) of such title is 
     amended by striking ``a driveaway saddlemount with 
     fullmount'' and inserting ``all driveaway saddlemount''.

     SEC. 302. TECHNICAL AMENDMENTS RELATING TO HAZARDOUS 
                   MATERIALS TRANSPORTATION.

       (a) Definition of Hazmat Employees.--Section 7102(2) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1892) is amended--
       (1) by striking ``(3)(A)'' and inserting ``(3)'';
       (2) in subparagraph (A) by striking ``clause (i)'' and 
     inserting ``clause (i) of subparagraph (A)''; and
       (3) in subparagraph (B) by striking ``clause (ii)'' and 
     inserting ``subparagraph (A)(ii)''.
       (b) Technical Correction.--Section 5103a(g)(1)(B)(ii) of 
     title 49, United States Code, is amended by striking ``Act'' 
     and inserting ``subsection''.
       (c) Preemption Correction.--Section 5125 of title 49, 
     United States Code, is amended--
       (1) in subsection (d)(1) by striking ``5119(e)'' and 
     inserting ``5119(f)'';
       (2) in each of subsections (e) and (g) by striking 
     ``5119(b)'' and inserting ``5119(f)''; and
       (3) in subsection (g) by striking ``(b), (c)(1), or (d)'' 
     and inserting ``(a), (b)(1), or (c)''.
       (d) Relationship to Other Laws.--Section 7124(3) of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (119 Stat. 1908) is amended by 
     inserting ``the first place it appears'' before ``and 
     inserting''.
       (e) Report.--Section 5121(h) of title 49, United States 
     Code, is amended--
       (1) in paragraph (2) by striking ``exemptions'' and 
     inserting ``special permits''; and
       (2) in paragraph (3) by striking ``exemption'' and 
     inserting ``special permit''.
       (f) Section Heading.--Section 5128 of title 49, United 
     States Code, is amended by striking the section designation 
     and heading and inserting the following:

     ``Sec. 5128. Authorization of appropriations''.

       (g) Chapter Analysis.--The analysis for chapter 57 of title 
     49, United States Code, is amended in the item relating to 
     section 5701 by striking ``Transportation'' and inserting 
     ``transportation''.
       (h) Norman Y. Mineta Research and Special Programs 
     Improvement Act.--Section 5(b) of the Norman Y. Mineta 
     Research and Special Programs Improvement Act (49 U.S.C. 108 
     note; 118 Stat. 2427) is amended by inserting ``(including 
     delegations by the Secretary of Transportation)'' after ``All 
     orders''.
       (i) Shipping Papers.--Section 5110(d)(1) of title 49, 
     United States Code, is amended--
       (1) in the subsection heading by striking ``Shippers'' and 
     inserting ``Offerors''; and
       (2) by striking ``shipper's'' and inserting ``offeror's''.
       (j) NTSB Recommendations.--Section 19(1) of the Pipeline 
     Inspection, Protection, Enforcement, and Safety Act of 2006 
     (49 U.S.C. 60102 note; 120 Stat. 3498) is amended by striking 
     ``165'' and inserting ``1165''.

     SEC. 303. HIGHWAY SAFETY.

       (a) State Minimum Apportionments for Highway Safety 
     Programs.--Effective October 1, 2007, section 402(c) of the 
     title 23, United States Code, is amended by striking ``The 
     annual apportionment to each State shall not be less than 
     one-half of 1 per centum'' and inserting ``The annual 
     apportionment to each State shall not be less than three-
     quarters of 1 percent''.
       (b) Consolidation of Grant Applications.--Section 402(m) of 
     title 23, United States Code, is amended in the first 
     sentence--
       (1) by striking ``through'' and inserting ``for which''; 
     and
       (2) by inserting ``is appropriate'' before the period at 
     the end.
       (c) Technical Corrections.--
       (1) Section 2002(b) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (119 
     Stat. 1521) is amended--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) and (4) as (2) and (3), 
     respectively.
       (2) Section 2007(b)(1) of such Act (119 Stat. 1529) is 
     amended--
       (A) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A);
       (B) by striking ``and'' at the end of subparagraph (B); and
       (C) by striking subparagraph (C).
       (3) Effective August 10, 2005, section 410(c)(7)(B) of 
     title 23, United States Code, is amended by striking ``clause 
     (i)'' and inserting ``clauses (i) and (ii)''.
       (4) Section 411 of title 23, United States Code, is amended 
     by redesignating the second subsection (c), relating to 
     administration expenses, and subsection (d) as subsections 
     (d) and (e), respectively.

     SEC. 304. CORRECTION OF STUDY REQUIREMENT REGARDING ON-SCENE 
                   MOTOR VEHICLE COLLISION CAUSATION.

       Section 2003(c)(1) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59; 119 Stat. 1522) is amended in the second 
     sentence by striking ``shall'' and inserting ``may''.

     SEC. 305. MOTOR CARRIER TRANSPORTATION REGISTRATION.

       (a) General Requirements.--Section 31138 of title 49, 
     United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General Requirement.--
       ``(1) Transportation of passengers for compensation.--The 
     Secretary of Transportation shall prescribe regulations to 
     require minimum levels of financial responsibility sufficient 
     to satisfy liability amounts established by the Secretary 
     covering public liability and property damage for the 
     transportation of passengers for compensation by motor 
     vehicle in the United States between a place in a State and--
       ``(A) a place in another State;
       ``(B) another place in the same State through a place 
     outside of that State; or
       ``(C) a place outside the United States.
       ``(2) Transportation of passengers not for compensation.--
     The Secretary may prescribe regulations to require minimum 
     levels of financial responsibility sufficient to satisfy 
     liability amounts established by the Secretary covering 
     public liability and property damage for the transportation 
     of passengers for commercial purposes, but not for 
     compensation, by motor vehicle in the United States between a 
     place in a State and--
       ``(A) a place in another State;
       ``(B) another place in the same State through a place 
     outside of that State; or
       ``(C) a place outside the United States.''; and
       (2) by striking ``commercial'' each place it appears in 
     subsection (c)(4).
       (b) Transportation of Property.--Section 31139 of such 
     title is amended--
       (1) by striking ``commercial motor vehicle'' in subsection 
     (b)(1) and inserting ``motor carrier or motor private carrier 
     (as such terms are defined in section 13102 of this title)''; 
     and
       (2) by striking ``commercial'' in subsection (c).
       (c) Definitions Relating to Motor Carriers.--Paragraphs 
     (6)(B), (7)(B), (14), and (15) of section 13102 of such title 
     are each amended by striking ``commercial motor vehicle (as 
     defined in section 31132)'' and inserting ``motor vehicle''.
       (d) Freight Forwarders.--Section 13903(a) of such title is 
     amended to read as follows:
       ``(a) In General.--The Secretary shall register a person to 
     provide service subject to jurisdiction under subchapter III 
     of chapter 135 as a freight forwarder if the Secretary finds 
     that the person is fit, willing, and able to provide the 
     service and to comply with this part and applicable 
     regulations of the Secretary and the Board.''.
       (e) Brokers.--Section 13904(a) of such title is amended to 
     read as follows:
       ``(a) In General.--The Secretary shall register, subject to 
     section 13906(b), a person to be a broker for transportation 
     of property subject to jurisdiction under subchapter I of 
     chapter 135, if the Secretary finds that the person is fit, 
     willing, and able to be a broker for transportation and to 
     comply with this part and applicable regulations of the 
     Secretary.''.

     SEC. 306. APPLICABILITY OF FAIR LABOR STANDARDS ACT 
                   REQUIREMENTS AND LIMITATION ON LIABILITY.

       (a) Applicability Following This Act.--Beginning on the 
     date of enactment of this Act, section 7 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 207) shall apply to a 
     covered employee notwithstanding section 13(b)(1) of that Act 
     (29 U.S.C. 213(b)(1)).
       (b) Liability Limitation Following SAFETEA-LU.--
       (1) Limitation on liability.--An employer shall not be 
     liable for a violation of section 7 of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 207) with respect to a 
     covered employee if--
       (A) the violation occurred in the 1-year period beginning 
     on August 10, 2005; and
       (B) as of the date of the violation, the employer did not 
     have actual knowledge that the employer was subject to the 
     requirements of such section with respect to the covered 
     employee.
       (2) Actions to recover amounts previously paid.--Nothing in 
     paragraph (1) shall be construed to establish a cause of 
     action for an employer to recover amounts paid before the 
     date

[[Page 6348]]

     of enactment of this Act in settlement of, in compromise of, 
     or pursuant to a judgment rendered regarding a claim or 
     potential claim based on an alleged or proven violation of 
     section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     207) occurring in the 1-year period referred to in paragraph 
     (1)(A) with respect to a covered employee.
       (c) Covered Employee Defined.--In this section, the term 
     ``covered employee'' means an individual--
       (1) who is employed by a motor carrier or motor private 
     carrier (as such terms are defined by section 13102 of title 
     49, United States Code, as amended by section 305);
       (2) whose work, in whole or in part, is defined--
       (A) as that of a driver, driver's helper, loader, or 
     mechanic; and
       (B) as affecting the safety of operation of motor vehicles 
     weighing 10,000 pounds or less in transportation on public 
     highways in interstate or foreign commerce, except vehicles--
       (i) designed or used to transport more than 8 passengers 
     (including the driver) for compensation;
       (ii) designed or used to transport more than 15 passengers 
     (including the driver) and not used to transport passengers 
     for compensation; or
       (iii) used in transporting material found by the Secretary 
     of Transportation to be hazardous under section 5103 of title 
     49, United States Code, and transported in a quantity 
     requiring placarding under regulations prescribed by the 
     Secretary under section 5103 of title 49, United States Code; 
     and
       (3) who performs duties on motor vehicles weighing 10,000 
     pounds or less.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. CONVEYANCE OF GSA FLEET MANAGEMENT CENTER TO ALASKA 
                   RAILROAD CORPORATION.

       (a) In General.--Subject to the requirements of this 
     section, the Administrator of General Services shall convey, 
     not later than 2 years after the date of enactment of this 
     Act, by quitclaim deed, to the Alaska Railroad Corporation, 
     an entity of the State of Alaska (in this section referred to 
     as the ``Corporation''), all right, title, and interest of 
     the United States in and to the parcel of real property 
     described in subsection (b), known as the GSA Fleet 
     Management Center.
       (b) GSA Fleet Management Center.--The parcel to be conveyed 
     under subsection (a) is the parcel located at the 
     intersection of 2nd Avenue and Christensen Avenue in 
     Anchorage, Alaska, consisting of approximately 78,000 square 
     feet of land and the improvements thereon.
       (c) Consideration.--
       (1) In general.--As consideration for the parcel to be 
     conveyed under subsection (a), the Administrator shall 
     require the Corporation to--
       (A) convey replacement property in accordance with 
     paragraph (2); or
       (B) pay the purchase price for the parcel in accordance 
     with paragraph (3).
       (2) Replacement property.--If the Administrator requires 
     the Corporation to provide consideration under paragraph 
     (1)(A), the Corporation shall--
       (A) convey, and pay the cost of conveying, to the United 
     States, acting by and through the Administrator, fee simple 
     title to real property, including a building, that the 
     Administrator determines to be suitable as a replacement 
     facility for the parcel to be conveyed under subsection (a); 
     and
       (B) provide such other consideration as the Administrator 
     and the Corporation may agree, including payment of the costs 
     of relocating the occupants vacating the parcel to be 
     conveyed under subsection (a).
       (3) Purchase price.--If the Administrator requires the 
     Corporation to provide consideration under paragraph (1)(B), 
     the Corporation shall pay to the Administrator the fair 
     market value of the parcel to be conveyed under subsection 
     (a) based on its highest and best use as determined by an 
     independent appraisal commissioned by the Administrator and 
     paid for by the Corporation.
       (d) Appraisal.--In the case of an appraisal under 
     subsection (c)(3)--
       (1) the appraisal shall be performed by an appraiser 
     mutually acceptable to the Administrator and the Corporation; 
     and
       (2) the assumptions, scope of work, and other terms and 
     conditions related to the appraisal assignment shall be 
     mutually acceptable to the Administrator and the Corporation.
       (e) Proceeds.--
       (1) Deposit.--Any proceeds received under subsection (c) 
     shall be paid into the Federal Buildings Fund established 
     under section 592 of title 40, United States Code.
       (2) Expenditure.--Funds paid into the Federal Buildings 
     Fund under paragraph (1) shall be available to the 
     Administrator, in amounts specified in appropriations Acts, 
     for expenditure for any lawful purpose consistent with 
     existing authorities granted to the Administrator; except 
     that the Administrator shall provide to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate 30 days advance written notice of any 
     expenditure of the proceeds.
       (f) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions to the 
     conveyance under subsection (a) as the Administrator 
     considers appropriate to protect the interests of the United 
     States.
       (g) Description of Property and Survey.--The exact acreage 
     and legal description of the parcels to be conveyed under 
     subsections (a) and (c)(2) shall be determined by surveys 
     satisfactory to the Administrator and the Corporation.

     SEC. 402. CONVEYANCE OF RETAINED INTEREST IN ST. JOSEPH 
                   MEMORIAL HALL.

       (a) In General.--Subject to the terms and conditions of 
     subsection (c), the Administrator of General Services shall 
     convey to the city of St. Joseph, Michigan, by quitclaim 
     deed, any interest retained by the United States in St. 
     Joseph Memorial Hall.
       (b) St. Joseph Memorial Hall Defined.--In this section, the 
     term ``St. Joseph Memorial Hall'' means the property subject 
     to a conveyance from the Secretary of Commerce to the city of 
     St. Joseph, Michigan, by quitclaim deed dated May 9, 1936, 
     recorded in Liber 310, at page 404, in the Register of Deeds 
     for Berrien County, Michigan.
       (c) Terms and Conditions.--The conveyance under subsection 
     (a) shall be subject to the following terms and conditions:
       (1) Consideration.--As consideration for the conveyance 
     under subsection (a), the city of St. Joseph, Michigan, shall 
     pay $10,000 to the United States.
       (2) Additional terms and conditions.--The Administrator may 
     require such additional terms and conditions for the 
     conveyance under subsection (a) as the Administrator 
     considers appropriate to protect the interests of the United 
     States.

                       TITLE V--OTHER PROVISIONS

     SEC. 501. DE SOTO COUNTY, MISSISSIPPI.

       Section 219(f)(30) of the Water Resources Development Act 
     of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 114 
     Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257) is amended by 
     striking ``$55,000,000'' and inserting ``$75,000,000''.

     SEC. 502. DEPARTMENT OF JUSTICE REVIEW.

       Consistent with applicable standards and procedures, the 
     Department of Justice shall review allegations of impropriety 
     regarding item 462 in section 1934(c) of Public Law 109-59 to 
     ascertain if a violation of Federal criminal law has 
     occurred.
  Mrs. BOXER. Madam President, I move to reconsider the vote and to lay 
that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. BOXER. Madam President, this is a good day for the Senate. It 
took us a while to get here. I will thank staff in a moment--floor 
staff as well, and Senator Reid's staff, Senator Inhofe's staff, and my 
own staff.
  Before that, I have two unanimous-consent requests to make.
  The PRESIDING OFFICER. The Senator will state the requests.


                  Unanimous-Consent Request--H.R. 2828

  Mrs. BOXER. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 403, H.R. 2828, 
the Foreign Service Victims of Terrorism Act, which will provide 
compensation to relatives of U.S. citizens killed as a result of the 
bombing of United States Embassies in East Africa on August 7, 1998; 
that the bill be read the third time, and passed; and that the motion 
to reconsider be laid upon the table, with no intervening action or 
debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. DeMINT. I object.
  The PRESIDING OFFICER. Objection is heard.


                  Unanimous-Consent Request--H.R. 1595

  Mrs. BOXER. Madam President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration of H.R. 
1595, the Guam World War II Loyalty Recognition Act; that the bill be 
read the third time, and passed; and that the motion to reconsider be 
laid upon the table, with no intervening action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. DeMINT. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. BOXER. Madam President, we just heard objection, but we didn't 
get objection, finally, to the technical corrections bill. We are happy 
about that. You and I serve together on the Environment and Public 
Works Committee. We know our work is important because we know that no 
country can be great if it doesn't have an infrastructure that is up to 
par. The occupant of the chair knows more than most what it means when 
a bridge collapses. We know what that means. So what we are doing here 
is a matter of life and death, quite often.
  This technical corrections bill will make it possible to continue 
work on over 500 projects that were stymied for various reasons. It is 
going to put a billion dollars into our economy, and it

[[Page 6349]]

will provide tens of thousands of jobs. Senator Inhofe and I are very 
grateful that--even though this was not an easy week and this bill took 
so many twists and turns and we had to work our way through many 
issues--we have arrived at the point where it passed.
  Let me say how much I enjoyed working with my staff and the staff of 
Senator Inhofe. I am going to read the names of those who deserve to be 
recognized and thanked. From my staff are Bettina Porier, Kathy 
Dedrick, Tyler Rushforth, Jeff Rosato, Erik Olsen, Paul Ordal, and the 
rest of my staff. We do work as a team.
  I thank Senator Inhofe's staff, and I am sure there are more to be 
thanked, but the ones I worked with closely are, of course, Andy 
Wheeler, chief over there, Ruth Van Mark, James O'Keeffe, and Alex 
Herrgott. We are so grateful to you for being close to us, staying 
close to us, letting us know when there were problems. We appreciate 
that.
  I say to the majority leader, Senator Reid, how much I appreciated 
his interest in this bill. He really helped us. Bob Herbert, of his 
staff, Ron Wynch, and Mike Castellano--we had technical issues and 
legal issues and they were there.
  If I am leaving anyone out, please know it is not my intention. So 
many others helped us.
  Mr. CARPER. Will the Senator yield for a moment?
  Mrs. BOXER. Yes.
  Mr. CARPER. The Senator is leaving herself out and Senator Inhofe. On 
behalf of all of us who have been anxious for this day--to see this 
technical corrections bill put together and have the result we have 
had, I thank the Senator for dealing with the competing forces and 
getting the job done. Someone said it was ugly, but it is beautiful in 
the end. It is going to be good for the folks in all of our States. We 
worked together in a bipartisan way, and I am grateful for that.
  Mrs. BOXER. I thank the Senator. Senator Carper, from Delaware, is 
one of the senior members on the committee, whom we love working with. 
He is part of our team. We have a great committee. It is why I like to 
be a legislator.
  I want to say, in closing, to floor staff, all of you here, thank you 
for your patience. You have to answer questions. The pages have to be 
available to us. You all let us know what is going on and whether we 
are doing it right or wrong. Of course, in particular, I thank Lula, 
Tim, and Dave. Without the three of you, we could not have gotten this 
done.
  Yes, sometimes when you get to this point, it is a little like making 
sausage--that is what they say about how a bill becomes a law; it is 
not a pretty thing. But we got it done. The most important thing is all 
of the people who helped us from the outside groups--I thank them--such 
as the construction industry, the construction workers, the transit 
district operators, the sand and gravel people. You know who you are. 
You made the point that we should not bog this bill down, that we 
should get it going.
  I am delighted we had a victory here with the Water Resources 
Development Act. We are pleased. Up and coming, we are going to have a 
markup in a couple of weeks, and then we will get to global warming. I 
don't know how that will end, but I know it is going to be very 
exciting. We hope everybody will participate in that debate.
  Is the Senator from Virginia going to speak?
  I will yield the floor.
  The PRESIDING OFFICER. The Senator from Virginia is recognized.
  (The remarks of Mr. Warner are printed in today's Record under 
``Morning Business''.)
  Mr. WARNER. Madam President, I yield the floor and suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Tester). Without objection, it is so 
ordered.

                          ____________________