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(07/06/08 02:25:06) Rick Alcalde r Daniel Arono Young. His clients include Michigan develope tion Landon specifically to lobby on Youngs transporta Companies. Disclosures show he was paid by ge that a study of a Florida interstate interchan bill. Young obtained a $10 million earmark for earmark money for Young. Young said he obtained the promised to benefit Aronoff, Who had raised represented. Gulf Coast University, which Alcalde also at the request of local residents and Florida n on Companies; MJM Enterprises; Shinnecock India Potomac Partners 2008 clients include: Land Nation; National Assn. of Mortgage Brokers.
Levon Boyagian

lde, is also a lobbyist and longtime friend to Potomac Partners lobbyist. His father, Hector Alca ffs real estate firm, the Landon

Wal-Mart, lobbies for Dutko Worldwide. Clients include Former Young legislative director who now Bentonville, Ark. ark for widening a road in front of its which benefited from a $35 million earm headquarters. Mart stores; American Hospital Assn.; FedEx Corp.; WalDutko Worldwide 2008 clients include: gy; Sprint Nextel ; New Orleans; Duke Ener Target Corp.; Los Angeles County; Miami
Cohn Chapman

2003 to become a lobbyist Youngs chief of staff before leaving in Doyon Ltd.; L-3/Geneva Airspace 2008 clients: American Trucking Assn.;
Randy DeLay

Majority Leader Tom DeLay, R-Texas. Lobbyist and brother of former House rict; Motorcoach Industries International 2008 clients: Brownsville Navigation Dist
Billy Lee Evans

wind farm off Georgia who lobbied against a proposed A former Democratic congressman from for Kessler and Associates. kill. Lobbies the same wind farm that Young tried to Cape Cod y H. Kessler R Air Cargo; Bristol-Myers Squibb; Henr Kessler and Associates 2008 clients;ASTA enl Healthcare; Sunoco Inc.; Wheat Governm Foundation; Sanofi-Aventis; Sisters of Mercy dation Relations; Wisconsin Alumni Research Foun

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e treasurer of Youngs Midnight Jack Ferguson Former Young aide and lobbyist who was longtim Sun Political Action Committee. Air Group; 13th Regional Corp.; Jack Ferguson Associates 2008 clients include: AT&T Inc.; Alaska a-Susitna Borough Burlington Northern Santa Fe Corp.; Icicle Seafoods; Matanusk Douglas Fuller ens. He lobbies for Birch Horton Lobbyist who was an aide to Young and Alaska Sen. Ted Stev Bittner Cherot. Chenega Corp.; Kinross Gold USA; Birch Horton Bittner Cherot 2008 clients include: Aleut Corp.; ; International Snowmobile NANA Regional Corp.; Feld Entertainment; Lockheed Martin Manufacturers Assn. Duane Gibson Abramoffs lobbying firm, Greenberg Former aide to Young and Stevens who left to lobby for Jack Traurig. He now has his own firm. Inc.; Colorado Railcar Manufacturing; Gibsons 2008 clients: Alaska Miners Assn.; Alexander Creek East Claims Corp; St. Regis Mohawk Pebble EAA; ERA Aviation; John Trautner; Livingston Group; ies Development Assn. Tribe; Valdez Fisher Michael Henry . Former Young aide who lobbies for the Alpine Group Assn.; Burlington Northern Santa Fe; El Alpine Group 2008 clients include: BP; National Mining Assn.; National Corn Growers Assn. Paso Corp.; BG Group; Freddie Mac; American Cable Graham Hill Strategies Former Young aide who now lobbies for Ice Miller Energy Systems Group; General Atomics; Moog Ice Miller 2008 clients: Auto Research Center; Group; Speedway Redevelopment Commission; Inc.; Oldcastle Inc.; Quickset International; Roche Vulcan Materials Jim Lexo chief executive officer of Integrated Concepts Former Young aide and campaign manager who is and Research Corp. Peter Loughlrn can mittee staffer. Founder and consultant for Ameri Lobbyist and former House transportation com Moving Forward, a transportation advocacy group. 2008 client: Koch Industries Mary McGuire

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tion A consultant, lobbyist and longtime donor to members of Alaskas congressional delega District/Southern 2008 clients: Cook Inlet Region Inc.; Falcon Waterfree Technologies; Metro Water California
Steve Silver

Lobbyist and former Ted Stevens aide Alaska Ship and 2008 clients: Alaska Forest Assn.; Alaska Knik Arm Bridge & Toll Authority; an Cove; City of Craig; City of King Cove; City of Kotzebue; Drydock; Calista Corp.; City of Coffm Admin. Law Judges City of Wasilla; Coeur; Cook Inlet Regional Citizens Advisory Council; Federal Ferry Authority; Kenai Peninsula Borough; Ketchikan Conference; Four Dam Pool; Inter Island gh; Mirabel Medical; Gateway Borough; Ketchikan Public Utilities; Matanuska-Susitna Borou Municipality of Anchorage.
Bill Simmons

Former Young aide who lobbies for Dutko Worldwide Corp.; Wal-Mart stores; Dutko Worldwide 2008 clients include: American Hospital Assn.; FedEx ; New Orleans; Duke Energy; Sprint Nextel Target Corp.; Los Angeles County; Miami
Duncan Smith

Former Young aide, now principal in Blank Rome lobbying firm. e Service Co.; Chugach Alaska Blank Rome 2008 clients include: Carnival Corp.; Alyeska Pipelin Corp.; Municipality of Anchorage Corp.; Knik Arm Bridge &Toll Authority; Shell Oil; Union Pacific
Frank Young

Washington, D.C., lawyer and friend of Youngs.

C.J. Zane

ng firm Youngs former chief of staff, principal of Blank Rome lobbyi a Pipeline Service Co.; Chugach Alaska Blank Rome 2008 clients include: Carnival Corp.; Alyesk Pacific Corp.; Municipality of Anchorage Corp.; Knik Arm Bridge &Toll Authority; Shell Oil; Union
Jay Dickey

raised money for Young and lobbied for Former congressman from Arkansas, now a lobbyist. Has and Gravel and Citizens for Arkansas road construction in Arkansas for clients like Pine Bluff Sand Infrastructure. Medical Center 2008 clients: Affiliations Unlimited; Jefferson Regional
Daryl Owen

ces Committee who is now a lobbyist Former chief of staff of the Senate Energy and Natural Resour

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2008 clients include: Bechtel Group; City of San Francisco; Duke Energy; Rio Tinto Group; Spectra Energy; TECO Energy Rob Jennings Professional fundraiser who has raised money for Young and other members of Congress Thomas Pyle Former staffer to California Rep. Richard Pombo, now a lobbyist 2008 clients: Civil War Preservation Trust; National Petrochemical & Refiners Assn.; Nau, John L III Alan Mintz Van Ness Feldman lobbyist 2008 Van Ness clients include: Alaska Federation of Natives; Arctic Slope Regional Corp.; North Slope Borough; Princess Tours; TransCanada Corp.; American Electric Power Brian Miller Former Young staffer who is now in-house lobbyist for BP Curtis Thayer Former Young staffer, now director of public affairs for Enstar, the Anchorage natural gas company Dan Feliz Potomac Partners lobbyist 2008 Potomac Partners clients include:Landon Companies; MJM Enterprises; Shinnecock Indian Nation; National Assn. of Mortgage Brokers Rick Agnew Former Young aide, now lobbyist for Van Ness Feldman North 2008 Van Ness clients include: City of Bellingham; Doyon Ltd.; Arctic Slope Regional Corp.; Power Slope Borough; Princess Tours; TransCanada Corp.; American Electric

Sources: Center for Responsive Politics; Daily News research

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Hon. Don Young (Alaska at large) Press Release

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Don Young
[or -1 ii A i(lSk(i
July 29, 2005

NEWS RELEASi

5.5165 . http:lldonyoungilousl 1 2111 Rayburn House Office Building Washington DC 20515 202-22

E OF LANDMARK HIGHWAY CONGRESSMAN YOUNG CHAMPIONS THE PASSAG LEGISLATION today voted in the House of Representatives on Washington, D.C. Alaska Congressman Don Young , Accountable, Flexible, Efficient Transportatioi agreement to the Conference Report of H. R. 3, the Safe H.R. 3 provides $286.45 billion in guaranteed fun Equity Act A Legacy for Users (SAFETEA LU). rams, as well as highway safety and motor carrier sa over six years for federal highways and transit prog ability to move people and freight. The bill pa: programs. This legislation will strengthen our countrys by an overwhelming margin of 412 to 8.
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improving our nations highways by 30 percent o SAFETEA-LU increases funding for constructing and ct delivery by ensuring better coordination arnor TEA 21. This legislation improves transportation proje itting agencies. It improves the rate of return and s state departments of transportation and federal perm th of not less than 19 percent over TEA 21. It impn for donor and donee states that have minimum grow ase safety belt use. In the area of transit, this bill highway safely with a new program designed to incre ility for the disabled and increased transit funding o creates the new freedom initiative to give more mob TEA 21. ii nations transportation infrastructure. This bill is s is a truly momentous day for the users of our Thi of the the part of many people including the leadership result of a great deal of extremely hard work on great staff. the other committees ofjurisdiction, and our House and Senate, our committee members, all colle and because of the hard work and dedication of this This legislation has been a long time coming body, we can report a victory. . This is this funding level will help boost our economy This is not the funding level that I wanted, but this nation and begin the process of repairing and building jobs bill that will put America back to work help t ve over $596 million in funds. These funds will great infrastructure. Alaska is positioned to recei structure challenges, meet the need of some of our infra curb our ever growing congestion problems and Congressman Young. ###

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adn.corn Obscure Florida road leads Young into controversy

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coiii 1 adn
Anchora8e Dady News
By ERIKA BOLSTAD ebolstad@adn.com (04/21/08 01:16:42)

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EARMARK: $10 milbon put in 2005 highway spending bill is coming back to haunt him.

Last week, the U.S. Senate voted to ask the Justice Department to look into what WASHINGTON money to happened in 2005 when Alaskas sole congressman earmarked $10 million in unasked-for Florida. study a highway interchange in southwest
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inquiry The 64 to 28 vote was an unprecedented request on the part of the Senate for a federal r of the House of Representatives. into the actions of a membe for the At the center of it all: Alaska Rep. Don Young, who acknowledged responsibility last week ate 75 to the interchange 2005 earmark, which shifted $10 million pledged to help widen Interst , a family friend study. If built, the interchange promised to benefit one of Youngs campaign donors nds overseen whose real estate company owned property nearby. The earmark was one of thousa ng bill through by Young when he was responsible for pushing a multiyear highway spendi Congress. that the earmark was Young has maintained that there was nothing wrong with what he did, and requested by the community. ns remain about how But Young is already the subject of a federal investigation, and many questio after the House and Senate had already voted on an the earmark showed up in the spending bill alternative proposal.
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whats known, and what isnt: What follows is an explanation of where the controversy came from,

Q.

How did the Coconut Road earmark come to national attention?

n of transportation planners in Lee A. The obscure Coconut Road earmark first came to the attentio had received $10 million in federal County, Fla., in 2006, when they tried to figure out why they on their list of transportation priorities. money for a study of an intersection that wasnt k to go toward widening of The transportation board thought it was getting a $10 million earmar an interchange that improves Interstate 75. Instead, the money was earmarked to the study of Aronoff. freeway access to land owned by real estate developer Daniel ut Road interchange. Although it wasnt The community was divided over the earmark for the Cocon Coast University, had been on the list of priorities, some organizations, such as Florida Gulf pushing for the interchange. the controversy, and posed the Local newspapers, including the Naples Daily News, picked up on ortation and Infrastructure question to Young, at the time the chairman of the House Transp transportation bill, a $286.4 Committee. In 2005, the Alaska Republican oversaw the multiyear s across the U.S. (The bill also billion spending plan for some of the biggest infrastructure project

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included $452 million for the Gravina Island and Knik Arm spans that came to be known as the bridges-to-nowhere.) Young refused to address the issue. The story failed to draw national attention until The New York Times wrote about it last spring. The article elaborated on the connections between the developers seeking the earmark and a 2005 campaign fundraiser Young attended in Bonita Springs, Fla., at the invitation of a local congressman, Rep. Connie Mack, R-Fla. (The article also reported that when a Times reporter approached Young to speak to him about it, the congressman responded with an obscene gesture.) to Young included Aronoff, whose family has long about $40,000 total Those donating money friendly with Young. The earmark for the interchange study showed up not long after the been fundraiser.
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Q. How was the earmark put in the transportation bill?

A. It wasnt until August 2007 that anyone realized that there may have been an additional impropriety beyond Youngs questionable approval of earmarks that benefited his campaign donors. In Florida, the head of the transportation planning board asked her friend, Dana Letourneau, to and to determine whether there was a way to use research how the county landed the earmark Both Mack and Young had suggested it might be poor form to turn the money how they wanted. down the money, and transportation planners wanted to see if there was a way to keep the money but spend it on road widening.
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Letourneau, a retired former congressional liaison to the Department of Labor in Washington, found that as the bill was being cleaned up to be sent to the president, the $10 million earmark was given a specific designation for the Coconut Road interchange. Her research showed that the bill was changed after both the House and the Senate voted on it. The Web site Talking Points Memo took it one step beyond; researchers looked at 6,373 earmarks in the bill and found that the Coconut Road earmark was the only one that underwent any substantive changes.

Q. What was Youngs role?

it. A. Last spring, Young called the matter a recycled story and wouldnt answer questions about and community activists have uncovered more information, his But as ethics watchdogs, journalists office has been gradually more forthcoming with the sequence of events. Initially, they would say nothing other than that the community asked for the change in the earmark and that they made it. In December, they told the Daily News that they always intended it for the earmark to go to the interchange study. Florida Gulf Coast University asked for for he attended one of their community transportation meetings. hurricane evacuation in 2005 when n The actual changes to the earmark came during the enrollment process, when transportatio with clerks committee staffers from both parties (as well as both the House and Senate) sat down committee made to fix technical problems with the bill. One of Youngs aides on the transportation the change at that time. Last week, Youngs spokeswoman Meredith Kenny told the Washington Post that the bill was altered after both the House and Senate voted on it.

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adn.corn Obscure Florida road leads Young into controversy

Post. There was an error in the bill and so it was corrected, Kenny told the

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on, and it angered watchdog But the change was a substantive one that Congress never voted regular legislative procedure. They have been calling groups because it was a clear deviation from ered the post-vote change to the on the House ethics panel to investigate since Letourneau discov earmark. a., a longtime critic of earmarks and Their efforts bore fruit last week when Sen. Tom Coburn, R-Okl l investigation by a bipartisan panel of House and Senate wasteful spending, called for an interna process by finding out exactly members. The panel would help restore integrity to the legislative and the Senate voted on an alternative: a request what happened, Coburn said. His proposal failed to the earmark change. for the Justice Department to look into criminal activity connected s, voted for the failed Coburn Alaskas two senators, Republicans Lisa Murkowski and Ted Steven proposal but not the Justice Department investigation.

Q. What role will the Justice Department have?

community activist in Florida told the A. The Justice Department already has been investigating. A by the FBI in 2006. Investigators wanted to Daily News last year that he had been interviewed the earmark. know about the political connections of the people who sought and has provided it with documents, his Young has been interviewed by the Justice Department d Young not to talk about matters lawyer, John Dowd, told the Daily News. Dowd said hes advise ted Young not talk about them, Dowd under investigation. The Justice Department also reques g investigations, including the wide-ranging probe said. The FBI and Justice have several ongoin ming about their ongoing corruption into political corruption in Alaska. They havent been forthco gating political Figures. investigations, because of the sensitive nature of investi the fundamental questions raised by the But Justice also has refused to even address some of Road earmark. Its not clear whether the Senates call last week for an inquiry into the Coconut the authority to look into an internal, Justice Department will investigate, or whether it has procedural matter.

Q What role did Florida lawmakers play?

on Connie Mack, pointing to a letter he wrote in A. Youngs office has long tried to cast blame 2005 fundraiser study. But while Mack was involved in organizing the support of the Coconut Road large House committee. Mack didnt have the in Florida, he was a junior congressman on Youngs staffers he to actually change the earmark, unlike Young and the or the position authority , ultimately it was Youngs asked for the change employed on the committee. While he may have the matter. has denied any involvement but also refuses to discuss staffers who made it. Mack
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the ranking Republican on the House He, as well as other Florida lawmakers (including for the earmark to go back to its original format: Transportation committee, Rep. John Mica) asked in the Senate by both Florida senators, money for the widening of 1-75. They were joined . Both the senators voted for the Justice Republican Mel Martinez and Democrat Bill Nelson Department investigation. was actually attached to legislation that does The Senates request last week for an investigation transportation planners to use the money as away with the Coconut Road bill and allows Florida originally intended: for road widening.

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Find Erika Boistad online at adn.com/contact/ebolstad or call in Washington, D.C., at 1-202-3836104.

Troubies mount for Rep. Don Young

On Thursday, the U.S. Senate voted 64 to 28 to ask the Justice Department to investigate Youngs $10 million Coconut Road earmark. Convicted D.C. lobbyist Jack Abramoffs staff had more than 120 contacts with Youngs staff over a 25-month period, according to billing records. Young refuses to discuss $1.1million in campaign funds he has spent on legal fees over the past year. Print Page Close Window

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and his don... Page 1 of 6 adn.coiti I Rep. Don Young: Earmarks, favors: Young used position for funds

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1 Earmarks, favors: Young used position for funds and his donors projects
BY GREG GORDON AND ERIKA BOLSTAD

r1cCLATCHY

NEWSPAPERS
(Published: November 11, 2007)

As chairman of the House transportation WASHINGTON Alaska Congressman Don Young flew at least three committee, times to upstate New York aboard a jet owned by Robert Congel, an ambitious shopping mall developer seeking federal highway money.
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With Youngs help, Congel got millions of dollars to boost his dream of building the largest mall in North America. The veteran Republican congressman got something, too: more than $33,000 in political contributions from Congel, his family and his associates. For Young, the Congel story was hardly unusual. Time after time ay in recent years, Young approved millions of dollars for highw projects for people who in turn fattened his campaign treasury. With money pouring in from transportation interests, Young amassed $6.5 million in political contributions from 2001 to 2005. Facing weak political opposition at home, he didnt need much for his campaign. Instead, Young tapped his campaign fund to travel the country, often lavishly and in corporate jets, ay to meet with more developers and view their proposed highw projects. Now Youngs campaign donations are going for another purpose. Hes spent nearly $450,000 on criminal defense lawyers so far this year after he learned of an FBI investigation into his relationships with political donors, who include a Florida real estate developer seeking a highway ramp near his undeveloped land. Young has plenty of company in Congress when it comes to parlaying federal contracts and grants into campaign donations. s But few have taken richer advantage of a controversial proces called earmarking. During his six years as chairman of the Transportation and Infrastructure Committee, Young transformed the massive 2005 highway spending bill by dramatically increasing the use of earmarks, which set aside billions in federal money for pet

Use of earmarks tripled during Rep. Don Youngs six years as chairman of the House transportation committee. (BOB HALLINEN/Dally News archive 2006)

As chairman of the House Transportation and Infrastructure Committee, Young oversaw a tripling in the use of earmarks. (LAUREN VICTORIA BURKE /Associated Press archive 2006)

Congressman Don Young reacts to

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projects. With Young in charge, the number of earmarks more than from 1,850 projects worth $9.35 billion in 1998 to tripled 6,371 projects valued at $24.2 billion in 2005. Federal auditors have found that thousands of these new earmarks werent priorities for state transportation officials.
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protesters gathered where food was being served at his meet and greet at the Delaney Park Strip in August 2007. Young said, Its America; they can do what they want to do. (BILL ROTH/Daily News archive 2007)

A McClatchy Newspapers investigation has found just how lucrative Youngs earmarks were: Of the $6.5 million in contributions that Young collected million for his leadership political action committee, or PAC who didnt live in Alaska and couldnt vote for him.
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$5.5 million for his campaign and $1 about 85 percent came from people

While the number of donors who got earmarks is hard to determine, an analysis of Youngs campaign finance reports show that beneficiaries of just seven earmarks with a total price of $259 million gave the veteran congressman at least $575,000. None of the projects was in Alaska. As hundreds of lobbyists sought to influence the massive highway-spending bill from 2003 to 2005, Young accepted at least 20 trips aboard private aircraft provided by corporations currying favor with the powerful congressman. He also stayed at such luxury hotels and resorts as the posh Four Seasons hotel in Newport Beach, Calif., MGMs five-diamond Bellagio casino in Las Vegas and the Lodge and Ranch at Chama, N.M., which offers pricey hunting and fly-fishing excursions.

ACTION BEARS SCRUTINY

Young, 74, who has been Alaskas only member of the House of Representatives for 35 years, declined to be interviewed for this story, to comment about specific earmarks or to answer questions about his political donors. In a written statement, he said that if members of Congress didnt earmark funding, then federal agencies (would) decide where the money is best spent in that district. He didnt say why that system would be worse than Young himself deciding the fate of projects across the country. Youngs financial relationships with those seeking specific earmarks have created some unseemly appearances. For example, dozens of transportation lobbyists fly to Alaska each year for a fundraiser, where they join Young for a day of salmon fishing. One aspect of the pending FBI investigation centers on Youngs role in securing a $10 million earmark in the $286.5 billion highway bill passed in 2005. The earmark, which was inserted in the bill after final passage by the House of Representatives and Senate, was for a study of a highway ramp sought by a Florida real estate developer. At a fundraiser while on a trip to Bonita Springs, Fla., to inspect the site, Young received more than $40,000 in donations. The FBI also has looked into Youngs connections to an indicted Wisconsin trucking executive who benefited from the provisions in the highway bill, and into his relationship with executives of Veco Corp., the Alaska oil field services company that has been Youngs top source of campaign donations over the past two decades. Two top Veco officials have pleaded guilty to bribing Alaska state legislators and using company money to make illegal campaign contributions to state and federal candidates. Youngs legal problems reflect a rise in political corruption investigations by the Justice Department

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in recent years, which have focused on the connections between campaign contributions and the funding of pet projects through earmarks. So far, more than a dozen members of Congress have come under federal scrutiny. Ronald Levin, a law professor at Washington University in St. Louis who has studied congressional ethics, called Youngs issuance of earmarks benefiting donors who werent his constituents unusual and said that it bears scrutiny. One question, he said, is did he arrange favors for them because they were contributors? Even if theres no evidence that Young exchanged legislative favors for donations, Levin said that the House ethics committee members would have to decide whether they can identify some act or conduct on his part that sets him apart from conduct generally tolerated. Daniel Lowenstein, a University of California, Los Angeles, law professor whos written extensively about election law, declined to comment on Youngs fundraising but called the earmarks system a interested in very specific serious problem because some campaign donors are or seem to be projects.
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The surge in earmarking has been a bonanza for Alaska. Young and Republican Sen. Ted Stevens, at the time the chairman of the Senate Appropriations Committee, played central roles in landing $1 billion in earmarks for Alaska, the equivalent of about $1,500 for every man, woman and child in the state. It was the third highest amount in the nation. Among the earmarks: $449 million for what critics have ridiculed as two bridges to nowhere one in Ketchikan and one across Knik Arm in Anchorage formally named Don Youngs Way. Alaska Gov. Sarah Palm, also a Republican, last month refused to use any more money for the Ketchikan project, redirecting it for other purposes.
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EARMARKS HAD FEW FINGERPRINTS

In his statement to McClatchy Newspapers, Young said that Alaska is more than twice the size of Texas and a relatively new state that did not start building its infrastructure until World War II, while most other states have had a few hundred years to do what weve been trying to do. He said it would have been irresponsible for him, as chairman, to pass over less populated states that otherwise would be overlooked by the Washington bureaucracy. But in the wake of a deadly interstate highway bridge collapse in Minnesota, U.S. Transportation Secretary Mary Peters said in September that Congress addiction to earmarks is diverting funds urgently needed for bridge and road maintenance and to address mounting traffic congestion in big cities. Unlike todays rules, which require House members to disclose their sponsorship of earmarks, many of the 2005 transportation earmarks were attached to the five-year spending bill in a secretive, closed-door process that left few fingerprints. Helping move the bill along were 1,117 lobbyists who were paid tens of millions to seek earmarks on behalf of corporations, institutions and even state and local governments, says the nonprofit watchdog group Taxpayers for Common Sense. Among the lobbyists were several former Young aides. While some congressmen and senators publicly touted earmarks to their constituents, the rationale behind many earmarks is difficult to determine. State and federal transportation officials are loath to criticize publicly those earmarks that they didnt seek for fear of angering Young and other senior legislators.

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About 5,600 of the earmarks, worth $17 biflion, ordered specific uses for money that states were due to receive under a formula based on size and population. In a recent audit, the U.S. Transportation Departments Office of Inspector General quoted Federal Highway Administration officials as saying that many of those earmarks went for projects that would not have been highpriority candidates for funding by state officials. They paved the legislation with political pork, ignoring real transportation needs, charged Keith Ashdown, chief investigator for Taxpayers for Common Sense. He pointed to Cincinnatis Brent Spence Bridge, which needs to be rebuilt but received only a few million dollars. The 150,000 people who drive over Brent Spence every day is likely to be the number of people that drive over one of the Alaska bridges to nowhere in a year, Ashdown said. More than 700 other earmarks, costing $6.9 billion, drew even bigger jeers from policy watchdogs because they didnt undergo the kind of rigorous cost-benefit analyses that states usually are required to perform to receive federal highway money.

WIDELY TRAVELED
In addition to the Florida highway ramp, Youngs earmarks include: for a Two $5 million allotments benefiting Syracuse, N.Y., shopping mall developer Congel, one Congel hopes to build North Americas largest state study of transportation projects near where members mall and one to develop digital construction technology. Congel, his employees, family and friends donated more than $33,000 to Young. dollar $100 million sought by road builders from Virginia and elsewhere to kick-start a multibillionto a 325-mile span of Interstate 81, a plan that was scaled back project to add four truck lanes the dramatically after an environmental review. Executives of many of the 40 companies backing committees gave Young $237,000. plan, their family members and political action colleague, then $32 million for five central California projects backed by Youngs friend and in Pombos hometown of Republican Congressman Richard Pombo, including a highway interchange more than Tracy, where he and his family had extensive real estate holdings. Young collected in April 2004. Road builder URS Corp. helped pay for a $34,000 at a San Jose area fundraiser company $845 for dinner reception; Youngs campaign finance report showed he reimbursed the the cost. traveled Youngs spokeswoman, Meredith Kenny, said recently that as chairman, the congressman fund a project, he far and wide to view proposed highway and transit projects. If hes going to wants to see it, she said. by nearly two During a standoff with the White House that delayed the transportation bills passage he allow Young wanted to spend more money than the administration was willing to years the highway bill crisscrossed the country, often accompanied by his wife, Lu (for whom he named Texas, Washington SAFETEA-LU). He traveled to Arizona, Arkansas, California, Florida, New Jersey, and Puerto Rico.
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earmarks. At Between 2003 and 2005, Young rode in jets owned or leased by companies seeking the equivalent of the time, a House rule allowed congressional campaigns to reimburse the firms first-class airfare instead of the actual cost for the more expensive private flight. the delays Youngs campaign aides frequently scheduled fundraisers to coincide with his visits, and

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in passage of the highway bill allowed a second round of fundraisers in a new campaign cycle. Young also helped Arkansas congressional delegation procure a $72 million earmark for a highway one in each link between Pine Bluff and a future Interstate 69. Making two trips to Arkansas y 2004 and $147,000 in March 2005. he collected $60,000 in Januar election cycle
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Young also got at least $24,000 from executives of Arkansas-based Wal-Mart Stores and its PAC. Wal-Mart, which hired former Young legislative director Levon Boyagian to lobby on its behalf, benefited from a $35 million earmark for widening a road in front of its Bentonville, Ark., headquarters.

A QUESTION OF PRIORITIES
ks, said the Florida Transportation Secretary Stephanie Kopelousos, -whose agency opposes earmar up with millions of funds usually amount to no more than seed money. States then must come d in the dollars to finish low-priority projects. Some cities and counties whose projects were rejecte l earmarks, she resulting budget squeeze then hire their own lobbyists to push for congressiona said. rtation Ronald Utt, a Heritage Foundation scholar who has studied wasteful spending in transpo s of dollars in earmarked bills, said many earmarked projects are of such low priority that billion money has gone unused. listing earmarks that were Until the late 1990s, the U.S. Transportation Department issued reports because Congress didnt want the results known. never used, he said, but that practice was ended ized by Congress were What they were finding was that about half the earmarks that were author you have an earmark is never done, Utt said, calling that a logical conclusion. Usually the reason stances. that these are projects that would never get done under normal circum ratic chairman, Jim Among earmarks chief defenders is the House committees new Democ congressman for his turn Oberstar of Minnesota, who waited 40 years as a congressional aide and nt remove politics from the in the chairmans seat. Oberstar believes that ending earmarks would ssioners decisions over how to process, but only cede to state governors and transportation commi spend federal tax dollars, an aide said. s to rein in earmarking, and A number of Fiscal conservatives in Congress are pushing for reform he says reflect a lack of fiscal President Bush has used his veto power to protest earmarks, which discipline. Commissioner Ben Nelson But outlawing them will be tough, as exemplified by the attitude of City for a highway ramp study. of Bonita Springs, Fla., who supported Youngs controversial earmark s works in Congress. Nelson said he wouldnt pass moral judgment on the way the proces less of how dirty it is. The city of Bonita Springs is supportive of the earmark, he said, regard

apers, and Erika Bolstad Greg Gordon is a reporter in the Washington bureau of McClatchy Newsp E-mail them at covers Alaska issues from Washington for McClatchy and the Daily News. and ebo Ista d @ji.co.m

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adn.com Rep. Don Young: Earmarks, favors: Young used position for funds and his don... Page 6 of 6

SOME PROJECTS YOUNG HELPED

IN VIRGINIA: Road builders and others pushing a multibillion-dollar truck highway project gave Rep. Don Young more than $230,000 in campaign contributions. Young supported spending $100 million to kick-start the project.
IN SYRACUSE, N.Y.: More than $33,000 in campaign contributions came to Young from a real

estate developer, his family and friends. Young supported $10 million in federal spending to benefit the developer, including paying for a traffic study where he hopes to build North Americas largest mall.
IN ARKANSAS: More than $200,000 came to Young from Arkansas fundraisers and Arkansas-

based Wal-Mart executives. Young helped fund a $72 million highway project between Pine Bluff and a planned interstate, and $35 million for widening a road leading to Wal-Marts Bentonville headquarters.
IN FLORIDA: Developers met with Young and donated more than $40,000. Young earmarked $10

million to study an offramp. Print Page Close Window

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adn.com Justice asked to probe Young earmark

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COCONUT ROAD: Circumstances of $10 million change questioned. By ERIKA BOLSTAD e bo Ista d ad n .com (04/18/08 04:25:09)

The U.S. Senate on Thursday took the unusual step of asking the Justice WASHINGTON Department to investigate Rep. Don Youngs Coconut Road earmark.
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The Senates 64-28 vote calls on the Justice Department to look into the circumstances surrounding the 2005 earmark, which shifted $10 million from a road widening project in southwest Florida to a study of an interchange that promised to benefit one of Youngs campaign donors. Young has frequently made national news in his 35 years in office, but it is uncommon for any rank-and-file member of the House of Representatives to be the center of attention and discussion in the Senate. The Senate historians office could recall no example Thursday of the Senate ever asking the Justice Department to look into possible criminal conduct by a House member. But the 2005 earmark by an Alaska congressman for a southwest Florida road has, as Senate Majority Leader Harry Reid, D-Nev., said, spotlighted the corruption that permeated the Congress in recent years. If violations of federal criminal law occurred, it is the province of the Justice Department and the FBI to investigate and prosecute them, Reid said on the Senate floor. Justice Department officials would not comment on Thursdays Senate vote. They also have repeatedly refused to comment on any ongoing investigation in Florida, where FBI agents have interviewed community activists who raised questions about the political connections of the people who benefited from the earmark.
EARMARK CAME AS A SURPRISE

The Coconut Road earmark was in the $286.4 billion highway bill that Young oversaw in 2005 as the influential Republican chairman of the House Transportation and Infrastructure Committee. An aide made the change to the legislation after the House and Senate had already voted on the bill, a secret move that has angered other members of Congress and that, ultimately, led to Thursdays call for an investigation. Young has said since last summer that the community asked for the change and that when one of his staffers made it during the bill enrollment process, they considered it a technical fix that mirrored what people in Florida wanted. His office wouldnt comment Thursday on the Senate vote, but has said for the past week that Young welcomes scrutiny of how the earmark was changed. Its a matter of the process, not the member, Youngs spokeswoman, Meredith Kenny, said earlier this week. None of this could have happened just at the hand of Congressman Young.

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4/21/2008

administration was willing to allow

--

he crisscrossed the country, often

accompanied by his wife, Lu (for whom he named the highway bill SAFETEA LU). He traveled to Arizona, Arkansas, California, Florida, New Jersey, Texas, Washington and Puerto Rico. Between 2003 and 2005, Young rode in jets owned or leased by companies seeking eannarks. At the time, a I-louse rule allowed congressional campaigns to reimburse the firms the equivalent of first-class airfare instead of the actual cost for the more expensive private flight. Youngs campaign aides frequently scheduled fundraisers to coincide with his visits, and the delays in passage of the highway bill allowed a second round of fundraisers in a new campaign cycle. Young also helped Arkansas congressional delegation procure a $72 million earmark for a highway link between Pine Bluff and a future Interstate 69. Making two trips to Arkansas
--

one in each election cycle

--

he collected

$60,000 in January 2004 and $147,000 in March 2005. Young also got at least $24,000 from executives of Arkansas-based Wal-Mart Stores and its PAC. Wal-Mart, which hired former Young legislative director Levon Boyagian to lobby on its behalf, benefited from a $35 million earmark for widening a road in front of its Bentonville, Ark., headquarters.

A QUESTION OF PRIORITIES
Florida Transportation Secretary Stephanie Kopelousos, whose agency opposes earmarks, said the funds usually amount to no more than seed money. States then must come up with millions of dollars to fmish low-priority projects. Some cities and counties whose projects were rejected in the resulting budget squeeze then hire their own lobbyists to push for congressional earmarks, she said. Ronald Utt, a Heritage Foundation scholar who has studied wasteful spending in transportation bills, said many earmarked projects are of such low priority that billions of dollars in earmarked money has gone unused.

But in the wake of a deadly interstate highway bridge collapse in Minnesota, U.S. Transportation Secretary Mary Peters said in September that Congress addiction to earmarks is diverting funds urgently needed for bridge and road maintenance and to address mounting traffic congestion in big cities. Unlike todays rules, which require House members to disclose their sponsorship of earmarks, many of the 2005 transportation earmarks were attached to the five-year spending bill in a secretive, closed-door process that left few fingerprints. Helping move the bill along were 1,1 17 lobbyists who were paid tens of millions to seek earmarks on behalf of corporations, institutions and even state and local governments, says the nonprofit watchdog group Taxpayers for Common Sense. Among the lobbyists were several former Young aides. While some congressmen and senators publicly touted earmarks to their constituents, the rationale behind many earmarks is difficult to determine. State and federal transportation officials are loath to criticize publicly those earmarks that they didnt seek for fear of angering Young and other senior legislators. About 5,600 of the earmarks, worth $17 billion, ordered specific uses for money that states were due to receive under a formula based on size and population. In a recent audit, the U.S. Transportation Departments Office of Inspector General quoted Federal Highway Administration officials as saying that many of those earmarks went for projects that would not have been highpriority candidates for funding by state officials. They paved the legislation with political pork, ignoring real transportation needs, charged Keith Ashdown, chief investigator for Taxpayers for Common Sense. He pointed to Cincinnatis Brent Spence Bridge, which needs to be rebuilt but received only a few million dollars. The 150,000 people who drive over Brent Spence every day is likely to be the number of people that drive over one of the Alaska bridges to nowhere in a year, Ashdown said. 5

comment about specific earmarks or to answer questions about his political donors. In a written statement, he said that if members of Congress didnt earmark funding, then federal agencies (would) decide where the money is best spent in that district. He didnt say why that system would be worse than Young himself deciding the fate of projects across the country. Youngs financial relationships with those seeking specific earmarks have created some unseemly appearances. For example, dozens of transportation for a lobbyists fly to Alaska each year for a fundraiser, where they join Young day of salmon fishing. securing One aspect of the pending FBI investigation centers on Youngs role in a $10 million earmark in the $286.5 billion highway bill passed in 2005. The earmark, which was inserted in the bill after final passage by the House of a Representatives and Senate, was for a study of a highway ramp sought by s, Florida real estate developer. At a fundraiser while on a trip to Bonita Spring Fla., to inspect the site, Young received more than $40,000 in donations. nsin The FBI also has looked into Youngs connections to an indicted Wisco and trucking executive who benefited from the provisions in the highway bill, services into his relationship with executives of Veco Corp., the Alaska oil field over the past company that has been Youngs top source of campaign donations Alaska state two decades. Two top Veco officials have pleaded guilty to bribing utions to legislators and using company money to make illegal campaign contrib state and federal candidates. by Youngs legal problems reflect a rise in political corruption investigations tions the Justice Department in recent years, which have focused on the connec h between campaign contributions and the funding of pet projects throug earmarks. So far, more than a dozen members of Congress have come under federal scrutiny.

Earmarks, favors: Young used position for funds and his donors projects
BY GREG GORDON AND ERIKA BOLSTAD McCLATCHY NEWSPAPERS Published: November 11, 2007 Last Modified: November 1 1., 2007 at 06:42 AM WASHINGTON As chairman of the House transportation committee, Alaska Congressman Don Young flew at least three times to upstate New York aboard ajet owned by Robert Congel, an ambitious shopping mall developer seeking federal highway. money.
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With Youngs help, Congel got millions of dollars to boost his dream of building the largest mall in North America. The veteran Republican congressman got something, too: more than $33,000 in political contributions from Congel, his family and his associates. For Young, the Congel story was hardly unusual. Time after time in recent years, Young approved millions of dollars for highway projects for people who in turn fattened his campaign treasury. With money pouring in from transportation interests, Young amassed $6.5 million in political contributions from 2001 to 2005. Facing weak political opposition at home, he didnt need much for his campaign. Instead, Young tapped his campaign fund to travel the country, often lavishly and in corporate jets, to meet with more developers and view their proposed highway projects. Now Youngs campaign donations are going for another purpose Hes spent nearly $450,000 on criminal defense lawyers so far this year after he learned of an FBI investigation into his relationships with political donors, who include a Florida real estate developer seeking a highway ramp near his undeveloped land. Young has plenty of company in Congress when it comes to parlaying federal contracts and grants into campaign donations. But few have taken richer advantage of a controversial process called earmarking.

New York GOP Congressman Sherwood Boehiert. Congel also channeled upward of$ 100,000 to New Yorks two Democratic senators, Charles Schumer and Hillary Clinton, both in positions to secure earmarks for state projects. Boehiert, who recalled spending a night at Savannah Dhu before a speaking engagement, said Congel is doing what just about everybody else whos in the business world and wants to accomplish something does. Theyre looking for a way to accomplish the most with the least. Theyre looking for every bit of governmental assistance they can get. Young netted at least $33,000 from Congel, his family members, employees and business associates, much of it at a November 2003 Savannah Dhu fundraiser. Young also got $7,645 from Congels Green Worlds Fund PAC, apparently so named because Congel is financing solar panels and other forms of renewable energy at his Syracuse mall with low-interest Green Bonds arranged by friends in Congress. Tn 2005, Young helped set up a congressional briefing in which Congel and his team pitched digital construction technology for use in rebuilding the hurricaneravaged Gulf Coast. Spurred by Republican Rep. James Walsh, who represents the Syracuse area, Young approved $5 million in the highway bill for Destiny USA to develop the digital technology further and $5 million more to redesign Interstates 81 and 690, which pass near the Destiny site. Congel had his eye on bigger bucks: designation by Congress as a Project of National and Regional Significance, which would have locked up tens of millions of dollars. Despite support from Walsh and New York GOP Rep. Tom Reynolds, however, Destiny USA wasnt picked. Although last years election relegated Young to a lower profile in the Republican minority, Congel hasnt forgotten him. Youngs campaign manager, Steve Dougherty, said Congel plans to host a fundraiser for Young sometime in November.

Until the late 1990s, the U.S. Transportation Department issued reports listing earmarks that were never used, he said, but that practice was ended because Congress didnt want the results known. What they were finding was that about half the eannarks that were authorized by Congress were never done, Utt said, calling that a logical conclusion. Usually the reason you have an earmark is that these are projects that would never get done under normal circumstances. Among earmarks chief defenders is the House committees new Democratic chairman, Jim Oberstar of Mirmesota, who waited 40 years as a congressional aide and congressman for his turn in the chairmans seat. Oberstar believes that ending earmarks wouldnt remove politics from the process, but only cede to state governors and transportation commissioners decisions over how to spend federal tax dollars, an aide said. A number of fiscal conservatives in Congress are pushing for reforms to rein in earmarking, and President Bush has used his veto power to protest earmarks, which he says reflect a lack of fiscal discipline. But outlawing them will be tough, as exemplified by the attitude of City Commissioner Ben Nelson of Bonita Springs, Fla., who supported Youngs controversial earmark for a highway ramp study. Nelson said he wouldnt pass moral judgment on the way the process works in Congress. The city of Bonita Springs is supportive of the earmark, he said, regardless of how dirty it is. http ://dwb. adn. comlnews/politics/fbi/young!story/9447 181 p-93 585 02c.html

adn.com I Justice asked to probe Young earmark

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Thursdays vote for a Justice Department investigation was actually an amendment to a bill that including reversing Youngs corrects a number of technical problems in the original 2005 bill Coconut Road earmark.
--

ROAD PLANNERS RAISE QUESTIONS

The $10 million earmark, originally for the widening of Interstate 75 in Lee County, Fla., was shifted toward a study of an interchange instead. The FBI has interviewed community activists who said they felt an interchange at Coconut Road and 1-75 would allow the development of environmentally sensitive land owned by Florida developer Daniel Aronoff. But federal investigators didnt start looking into the matter until local road planners started questioning why they had received an unasked-for earmark to study something that wasnt one of their transportation priorities. Theyd originally asked for the $10 million to widen the interstate. Other community interests were pushing for the interchange, including nearby Florida Gulf Coast University. The school asked for the Coconut Road study when Young attended one of their community transportation meetings with a local congressman, Rep. Connie Mack, R-Fla. Youngs chief of staff, Mike Anderson, has said previously that school officials wanted it to serve as a demonstration project for a sophisticated transportation hub that could be monitored with cameras during hurricane evacuations. Its captured in three words: Hurricane evacuation route, Anderson told McClatchy Newspapers in August. Yet in the weeks before and after the earmark was inserted in the spending bill, Youngs campaign and his political action committee collected contributions from Aronoff, his lobbyist and a number of business interests. Those donations totaled more than $40,000. Contributors included Rick Alcalde, a Young campaign donor who worked on behalf of Aronoffs real estate firm, the Landon Companies. Alcalde also worked as a lobbyist for Florida Gulf Coast University. Lobbying disclosure forms show that in 2005, the Landon Companies paid Alcalde $80,000 specifically to lobby on Youngs highway bill. In 2006, the university paid him $40,000 to lobby on a transportation appropriations bill.
ALASKA SENATORS VOTE AGAINST

The fundraiser was one of many Young attended nationwide as chairman of the transportation committee, where he was the final say on what highway projects got approved across America. Eventually, the original earmark was changed, but after the House and Senate had both voted on it. An enrollment clerk, working with staffers on Youngs committee, erased 1-75 and added the words Coconut Road as the massive spending bill was being cleaned up to be sent to President Bush for signing. Thursday, support for the Justice Department investigation, sponsored by Sen. Barbara Boxer, D Calif., drew an unlikely coalition of Democrats and Republicans, many of whom said they were concerned about the integrity of their legislative process. Twenty of the votes of support came from Republicans, including Sen. Mitch McConnell, R-Ky., the Senate minority leader.

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adn.com Justice asked to probe Youig earmark

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House leaders had a muted response to the Senate vote, but indicated they were concerned about what had happened. House Speaker Nancy Pelosi, D-Calif., said Thursday that the matter should be taken up by the House ethics committee. The Republican House leader, Rep. John Boehner, said he also had no objections to an investigation. Mr. Youngs office has welcomed any inquiry or examination of the earmark, and I would support that as well, Boehner said. 1 think its in everyones interest that we know what happened and did not happen here. Both of Alaskas senators voted against the Justice Department investigation, with Republican Sen. Ted Stevens calling it a dangerous precedent. But both he and Sen. Lisa Murkowski, R-Alaska, did vote for an alternative proposal posed by Sen. Tom Coburn, R-Okla. Coburn, who opposes earmarks and has been critical of the Alaska delegation, had asked for a bipartisan House and Senate committee to investigate the earmark. It would then refer its findings to the proper authorities. His proposal had 49 supporters, but needed 60 votes for approval. Later, Coburn said he Feared that the Senates vote Thursday was unconstitutional. Congress cant order a criminal investigation any more than the Justice Department can investigate violations of congressional rules, Coburn said. It violates the Speech and Debate clause of the Constitution, which keeps investigators from using legislative materials as evidence of wrongdoing in criminal investigations. Violating congressional rules is not a crime, yet Congress has just given away its right to police itself with this misguided amendment, Coburn said. His concerns were echoed by congressional budget and ethics watchdog groups, who say they worry that a criminal investigation wont get at the heart of what is essentially a procedural problem.

Find Erika Bolstad online at adn.com/contact/ebolstad. Print Page Close Window

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YOUR QUESTIONS AND COMMENTS ON 1-75 AND OTHER TRANSPORTATION MAT[ERS ARE VERY IMPORTANT.
[lease take a moment to lilt out and return the .irtaclicd card, or email etc at CDI 4TransMectingmaiLhousc.gov so that we me ensure your questions and colisments are addressed.
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Wednesday February 23. 4:30 6 pin 3301 C Tanriarrir Trarl Ad or n ratrar oil B u ci: trg Suir 105 Naples, ii

IMPORTANT MEETING ON SOUTHWEST FLORIDAS TRANSPORTATION NEEDS 1-75 to headline meeting with House Transportation Committee Chairman
Dear Friend, arid aga ri that the expansion of 1-75 is priorIties 1 firsts wiry I was pleased to seCri ft S pus: lratrsportaciotr arid Infrastructure Conrnritree.
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HOW TO CONTACT
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Fort Myers Dktricc Office

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CONNIE MACK

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FORT MYERS OFFICE 2000 Main Street Suite 303 Fort Myers. FL 33901-3050 Phone: (239) 332-4677 Fax: (239) 223-8921

f Im now pleased to announce that tine (llairrrlrirn 0 tire I ranipnrrcs lion and Infrastructure Committee, Don Young of Alaska, will Ire visiting Soutlnsvesc florida on February 1 9 Or for a public mccli rig about our regions irairspornani nit reeds. Congress is getting ready to tackle rtrajor transportation legislation, and his is a t rentendosis rapport u rite for Suuthsu err Florida to discuss our c ri I ca I Ira rnsportario it arid i isfrast rues u re issues. I hope youll take the ii nrc to participate nfl this rn portari r meeting, and hrIrwa tO icr sen rig fort rio PeIr ruary 9th Si rncerclr

Whether its dealing with the IRS, assisting with Medicare or Social Security problems or cutting through red tape at the Department of Veterans Affairs, our district offices, located con veniently in For-i Myers and Naples, are here to help you. We are also available to listen to your thoughts on legislation that may impact you. Please feel free to contact our office if we can heip

NAPLES OFFICE 3301 E Tamiami Trail Administration Building Suite 105 Naples. FL 34112-3969 Phone: (239) 774-8035 Fax: (239) 774-8065

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WASHINGTON OFFICE 317 Cannon House Office Building Washington DC 20515 Phone: (202) 225-2536

PS. YOur questions and conrnrettts on 1-75 and other transportation matters arc vet-v tmpurtann. I hope you take a 1 tire attached card, err cola il one at 100 merit to fill out and ret rim CD 1 4Tr:r nsMeeting@nrail.lrouse.gov so th.r t we can errs tire your questions and cornntensts arc addressed.

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Photo Gallery for Congressman Don Young

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Congressman Mack, Chairman Young, and Congressman D addressed by the President of Florida Gulf Coast Universit Gulf Coast University) at a town hall meeting, Februar

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Rep. Mack, Chairman Young, and Rep, Diaz-Balart at the Coast University Town Hall meeting

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109TH CONGRESS

1st Session

HOUSE OF REPRESENTATS

REPORT

109203

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

CONFERENCE REPORT
OF THE

COMMITTEE OF CONFERENCE
ON

HR. 3

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

353
SEC. 1933. BILLY TAUZIN ENERGY CORRIDOR.

(a) DESIGNATiONLouisiana Route 1 shall be known and des ignated as the Billy Tauzin Energy Corridor. (b) REFERENCES.Any reference in a law, map, regulation, doc ument, paper, or other record of the United States to the highway segment referred to in subsection (a) shall be deemed to be a ref erence to the Billy Tauzin Energy Corridor. SEC. 1934. TRANSPORTATION IMPROVEMENTS. (a) AUTHORIZATION OF APPROPRIATIONS. (1) IN GENERAL.For each of fiscal years 2005 through 2009, there are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to make allocations in accordance with para graph (2) to carry out each project described in the table con tained in subsection (c), at the amount specified for each such project in that table. (2) ALLOCATION PERCENTAGES.Of the total amount speci fied for each project described in the table contained in sub section (c), 10 percent for fiscal year 2005, 20 percent for fiscal year 2006, 25 percent for fiscal year 2007, 25 percent for fiscal year 2008, and 20 percent for fiscal year 2009 shall be allocated to carry out each such project in that table. (b) CONTRACT AUTHORITY. (1) IN GENERAL.Funds authorized to be appropriated to carry out this subsection 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 re main available until expended. (2) FEDERAL SHARE.The Federal share of the cost of a project under this section shall be determined in accordance with section 120 of such title. (c) TABLE.The table referred to in subsections (a) and (b) is as follows:

354
TRANSPORTATION IMPROVEMENTS

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1 2

AK AK

3 4 5

AK AK AK

6 7

AK AK

8 9

AK AK

Denali Commission for docks, waterfront development projects and related transportation infrastructure. Improvements to the Knik Arm Bridge Upgrades on the Dalton Highway, including but not limited to design. engineering, permitting, and construction Upgrades on the I-(ichardson Highway, including but not limited to design, Anchorage: Intermodal facility improvements at the Port of Anchorage Petersburg: Road improvements, Including but not limited to design, engineering, germitting, and construction Tanana: Dust Control Mitigation Anchorage: Dimond Center Intermodal Facility, including but not limited to design, engineering, permitting, and construction Homer: Intermodal deep-water dock facility improvements Anchorage: Study, design, and engineering of KnIk crossing approach routes to minimize traffic congestion Sitka: World War It Causeway Trail and Multi-use Pathwayprojects McGrath: Road erosion control along the Yukon River Ketchikan: Improve marine dry-dock and facilities Preliminary Engineering, Design. Right-Of-Way Acquisition and Construction of the Tuscaloosa Bypass, Alabama Preliminary Engineering, Design, Right-Of-Way Acquisition and Construction of the -10 Connector, Alabama Preliminary Engineering. Design, Right-Of-Way Acquisition and Construction of the -85 Extension, Alabama Century Boulevard Pedestrian Safety and Transportation Improvements in City of tn9lewood HilmarlTurlock California Highway 99 Interchange En9ineering and Construction in Merced County Port of Hueneme tntermodat Access Improvement Access Improvement Project, including grade separation at Rice Avenue and Slate Route 34; widen Hueneme Road Widen Northbound -405 between 1-10 and US-lOl for HOV Lane Alameda Corridor East Construction Authority Improvements to l-70/Havana)Yosimite Interchange Improvements to Wadsworth & US 36 Interchange in Broomfield Improvements to Bromley Lane & US 85 Interchange

$20000000 $20,000,000

$500,000 $500,000 $7,000,000

$500,000 $500,000

$500,000 $2,000,000

10 -Il 12
13

AK AK AK AK

$2,000,000 $1,000,000 $20,000,000

14

AL

$5,000,000

15

AL

$5,000,000

16 17 18

AL CA CA

$50,000,000 $3,000,000 $1,000,000

19 20 21 22 23 24

CA CA CA CO CO CO

$1,000,000 $30,000,000 $30,000,000 $3,000,000 $2,000,000 $1,000,000

355
TRANSPORTATION IMPROVEMENTS

25 26 27 28

CO CO CO CO CO CO CO CO CD CD CT

W
30 31 32 33 34 35

Improvements to C470 & US 85 Interchange Improvements to Hwy 34 & 1-25 Interchange (Loveland/Geeley Improvements to Hwy 16 & -25 Interchange (Ft. Carson Phase I) Improvements to Hwy 50 from Las Animas to Lamar Improvements to Hwy 395 & 1-25 (at Windsor Exit) Improvements to Pecos Street Overpass (Adams County) Improvements to US 285 & Deer Creek Interchange Improvements to US 50 & Hwy 115 (safety improvements) Improvements to Glenwood Springs Bridge Improvements to 104th & US 85 Intersection Development and demonstration in Connecticut of fuel cell technogies for buses in urban areas Improvements to 1-95 in Connecticut, including the Pearl Harbor Memorial/Q Bridge, from the state border with New York to the state border with Rhode Island Planning, Design, and Construction of the Energy Exploration Center at Destination Station in Rehoboth Beach Preliminary Engineering and Environmental Analysis of the Middletown to Newark Rail Connection Develop and construct an alternative route for truck traffic in the core downtown area of Harringlon Build the Pomeroy Line PedestrianlBicycle Trail and Facility in Newark Infrastructure and Streetscape Improvements on Rehoboth Avenue in Rehoboth University of Delawares Automotive Based Fuel Cell Hybrid Bus Program ri Newark Design and Construct the Indian River Inlet Bridge on SR-i in Sussex County Tamiami Trail Skyway Transportation Study Sand Lake Road Improvements between Presidents Drive and -4. New systems interchange ramps at SR 417 and Boggy Creek Road in Orange County, Florida Florida SIS projects in Miami-Dade County Hilisborough County 1-4 Crosstown Connector Construction of -4 crosstown connector from -4 to Port of Tampa Sand Lake Road Improvements between Presidents Drive and 1-4 Gulf Coast Parkway. Final design, engineering, and construction for a 2-lane Gulf CoastIUS 98 bypass Queens Road widening and reconstruction Cobb Co. Widening Cectarcrest Rd. from Paulding Co. to Governors Towne

$4000000 $2,000,000 $3,000,000 $12,000,000 $2,000,000 $3,000,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $5,000,000

36

CT

$50,000,000

37 38 39 40 41 42 43 44 45 46 47

DE DE BE DE DE DE DR FL FL FL FL

$1,000,000 $4,000,000 $8,500,000 $4,771,000 $6,750,000 $4,979,000 $5,000,000 $1,000,000 3,000,000 2,000,000 5,000,000

48 49 50 51 52

FL FL FL GA GA

$7,000,000 $6,000,000 $7,000,000 $1,000,000 $1,000,000

356
TRANSPORTATION IMPROVEMENTS

53 54 55 56 57

GA GA GA GA GA

US 84 Connector/Bypass from west of US 84)SR 119 west of Hinesvifle to US 84/SR 196 south of Remington, LibertyCounty SR 7461SE Rome Bypass from SR1OI US 411 Floyd Co SR 204/Abercorn Street from King George Boulevard to Rio Road widening SR 96 from 1-75 to old Hawkinsville Road widening and reconstruction SR4O tram west of CR61 to SR 251US 17 widening SR 40 from east of St Marys cut off at mile post 5.0, Charlton County, to County Route 61. Camden County Widening -75 interchanges tram north of Tifton to Turner County line interchange reconstruction l-J5lWindy Hill Road interchange reconstruction, Cobb County Interchange capacity improvements at 1-285 and Ashford Dunwoody Road l-75/CR65!Union Grove Road new interchange, Gordon County SR 85 widening from Adams Drive to -75 and reconstruct the Forest Parkway interchange

$1,000,000 $4,000,000 $4,000,000 $4,000,000 $4,000,000

58 59 60 61 62 63 64 65 66 67 68 69 70 71 72

GA GA GA GA GA GA GA GA GA GA GA HI HI HI IA

$2,000,000 $4,000,000 $5,000,000 $3,000,000 $3,500,000 $3,500,000 $2,500,000 $2,500,000 $2,500,000 $4,000,000 $3,500,000 $10,000,000 $5,000,000 $5,000,000 $10,000,000

City of Jesup, Georgia for transportation improvements Walker County, Georgia for transportation improvements Catoosa County. Georgia for transportation improvements 1-75/CR 665/Carbondale Road interchange reconstruction, Whitfield County US 41 1/SR 20 Access Rights from Floyd County to US 41ISR 3 for transportation improvements Saddle Road traffic improvements on the Island of Hawaii Kapolei traffic improvements on the Island of Oahu Queen Kaahumanu Highway traffic improvements on the Island of Hawaii Iowa State University. National Center for Portland Cement Concrete Pavement Technology
-

73

IA

University of Northern Iowa, Native Roadside Vegetation Enhancement Center, conslruction and equipment University of Iowa, Public Policy Center Field Test of Onboard Computer Assessment of Highway User Fees Drake University, 28th and Carpenter Streets Improvements, Des Moines Loess Hills Scenic Byways/Resource Protection, Western Iowa Great River Road National Scenic Byway, Rivers to the Sea, Dubugue County
-

$1,000,000

74 75 76 77

IA IA IA IA

$4,000,000 $1,500,000 $330,000 $5,000,000

357
TRANSPORTATION IMPROVEMENTS

78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96

IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA

Road,DubuqueCounty Great River Road National Scenic Byway. Renovating Old Fort Madision Great River Road National Scenic Byway, Louisa County Great River Road National Scenic Byway. Montrose Wapsi-Great Western Trail System, Mithcell and Howard Counties Lewis and Clark Trail Study Recreation Trail, Comanche to Clinton Mississippi River Trail, Heritage Trail, Dubugue County Mississippi River Trait, Bridge at Credit Island, Davenport Mississippi River Trail, Leach Park in Bettendorf to Riverdale American Discovery Trail, Hoover Nature Trait Connect to Ely American Discovery Trail, connection to Clear Creek Trail, Coralville Downtown Improvement Project, DeWitt 19th Avenue North Connector, Clinton McCollister Boulevard. Iowa City (HP: 830) County Home Road. Llnn County Collins Road, Cedar Rapids I-8OlMidclte Road Interchange Justification Report with Environmental Assessment, Bettendorf Highway K-35, Woodbury County National Transportation Heroes Center and Regional Transportation Archival, Research, and Library Center. Grinnell Highway 4 Underpass, Jefferson IA 92 Project, lndianola Rehabilitation and Retrofit of Historic Boone County Wagon Bridge Lincoln Highway Rehabilitation and Restoration Project, Woodbine IA 57/West 1st Street Reconstruction, Cedar Falls Scotch Ridge Project, Carlisle US 63 Improvements. Chickasaw, Bremer, and Black Hawk Counties (HP: 858) Study of Direct Link to 1-80, PeIla (HP: 54) Constwction of 100th Slreet Interchange on 1-35/80. Urbandale (HP: 86) Central Iowa Trail Loop, Ankeny to kVoodward (HP: 146) Study for NE Beltway, Polk County (HP: 209) Widening University Boulevard, Clive (HP: 275)

S600J00 $37445 $1700000

$73,500

$2,300,000 $250,000 $2,100,000 $1,680,000 $2,000,000 $2,165,000 $200,000 $450,000 $1,700,000 $1,500,000 $3,000,000 $1,200,000 $6,000,000 $500,000 $1,000,000

97 98 99 100 101 102 103

IA IA IA IA kA IA IA

$3,600,000 $3,000,000 $2,000,000 $800,000 $203,870 $3,000,000 $2,022,000

104 105 106 107 108 109

IA IA IA IA IA A

$1,486,185 $110,000 $220,000 $720,000 $110,000 $220,000

358
TRANSPORTATION IMPROVEMENTS

110 111 112 113 114 115

IA IA IA IA IA IA

Reconstruction of NW Madrid Drive, Polk County (HP: 396) Widening of Highway 44, Grimes (HP: 834) NW 70th Avenue Reconstruction, Johnston (HP: 848) US 6 Final Phase of Safety Improvements, Coralville (HP: 1098) Construct IA-32 Arterial from US 20 to US 61 and 151, Dubuque (HP: 1145) Construct Trait from Musser Park to Weggens Road, Muscatine (HP: 1243) Reconstruction of Neat Smith Trait, Polk County (HP: 1284 Reconstruction of NE 56th Street, Eastern Polk County (HP: 1540) Hoeven Corridor/Outer Drive Project, Sioux City (HP:1581) Phase HI of Main Street Project, Arnana (HP:t 791) Improvements at IA 146 and 1-80 Interchange, Grinnett (HP: 2182) Construct SW Connector, West Des Moines (HP: 2248) US 20 MissIssippi River Bridges and Approaches, Dubugue (HP: 2574) 1-35 Interchange Improvements, Ankeny (HP: 2837) Construction of NW 26th Street Interchange 1-35, Polk County (HP: 3258) Construct Principal Riverwalk, Des Moines (HP:3298) Design, rehabilitation and construction of Clear Creek Greenway and associated trails in Johnson County Design ens construction of Central IA Trail Loop from Ajikeny to Woodward Design, ROW and construction of Ely Connector Trail in Linn County Reconstruction of rail line from Oetwein to DeWar Purchase and rehabilitation of 9 mile Rail spur to Bondurant ROW and construction of Mississippi River Trail and related trails in Dubugue County ROW and construction of Mississippi River Trail and related trails in Scott-Muscatine Counlies Construction of SW Arterial, IA-32 Dubuque Construction of Cedar Falls trails Conslruction of HWY 63 in Waterloo Kimberly Road improvements andconstruction in Davenport Mississippi River Trail, Allamakee County US 71 Bypass, Spencer

$220,000 $2020000 $2100000 $440000 $4,180,000 $110,000

116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138

IA L IA IA IA IA IA IA IA IA IA IA LA IA IA IA IA IA IA LA IA IA IA

$792,000 $220 JJ00 $440,000 $220,000 $220,000 $3,440,000 $5,500,000 $1,100,000 $220,000 $1,100.000 $800,000 $1,000,000 $400,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $6,800,000 $1,000,000 $3,000,000 $3,000,000 $4,900,000 $5,000,000

359
TRANSPORTATION IMPROVEMENTS

139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156

ID ID ID ID IL IL IL IL IL IL IL IL IL IL IN IN KS KS

157 158 159 160 161

KS KS KS KS KS

Transportation Improvements to Widen US-95. Wortey to Mica Creek Transportation tmprovements to Improve St-i-75, Timmerrnan to Ketchum Construct Interchange on 1-84 at Ten-Mite Road, Meridian, Idaho Reconstruct Grangemont Road (ID Forest Hwy. 67) from Orotino to MP 9.3, Segment I, II, and III Preconstruction and construction activities of U.S. 51 between Decatur and Vandalia Preconstruction and construction of North-South Wacker Drive in Chicago Construct new Mississippi River Bridge and related roads in the vicinity of East SI. Louis Replace -74 Bridge in Quad Cities (Moline) Conduct study of U.S. 67 bridge over Illinois River in Beardstown Improvements to the intersection of IL 13 and 37 in Marion Conslruction to improve access of Interstate 57/64 in Mt. Vernon Construction of Joliet Arsenal Road Improvements in Will County Conlinue expansion of IL 336 in Macomb-Peoria Preconstruction and construction of IL 13 connector in Harrisburg Improvements to existing roadway/railroad crossings, City of Vincennes, Indiana Improvements to existing rail-highway crossings. City of Eikhart, Indiana Widen South Meridian Street from 47th Street South to list Street South in Sedgwick County, KS Widen 21st Street North, eastward from HWY K-96 to the Butler County line in Sedgwick County Reconstruction of railroad and road grade separation project eliminating four high volume at grade crossings on Ridgeview Street, Santa Fe Street, Loula Street, and Park Street in Olathe, KS Construction of South Bypass for Highway 56 in Great Bend

$5,000,000 $2,000,000 $2,000,000 $1,000,000 $7,500,000 $15,000,000 $14,000,000 $3,500,000 $2,000,000 $1,000,000 $2,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 $5,000,000 $3,000,000 $2,600,000

$2,000,000 $2,000,000 $400,000 $3,600,000 $1,200,000

162 163

KS KS

Street and sidewalk replacement in downtown Fort Scott HWY 156 associated with the Horse Thief Reservoir in Hodgeman County Bridge replacement on Johnson Drive and Nail Ave. associated with the Rock Creek Project in Mission Reconstruction of the box under US HWY 56 on Windsor Lane associated with the Rock Creek Project In Fairway Reconstruction of the Mission Road Bridge associated With the Rock Creek Project in Fairway, KS

$200,000 $1,000,000

360
TRANSPORTATION IMPROVEMENTS

164 165 166 167 illS 169 170 171 172 173 174 175

KS KS KY KY KY KY KY LA MA MA MA MA

176

MA

177 178 179 180 181 182 183 184

MA MA MA MA MD MD MD MD

Rehabilitation and reconstruction of US 169 and interchange with US 166 in Montgomery County US HWY 50 Shoulder widening between Dodge City and Garden City, KS 21st Century Parks Project in Louisville, Kentucky Construction of new 165 Interchange in Warren County, Kentucky Owensboro Riverfront Development Project in Owensboro, Kentucky Transportation Improvements to AA-l275 Connector, Campbell County Transportation Improvements to US6O Owensboro, Daviess County Constwction of the Leeville Bridge from Port Fouchon to Golden Meadow Construct rail freight corridor improvements between Boston and Worcester Design and construct bicycle and pedestrian traits in Bamstable County Rutherford Avenue Improvements in Boston Design and construct roadway and streetscape improvements along State Street in Springfield Construct 1-91 Corridor Intelligent Transportation System Communications Network, Hampden, Hampshire. and Franklin Counties Design and construct roadway and streetscape improvements along Main Street and Mawood Street. Worcester, MA Design and construct downtown roadway and streetscape improvements in Brockton Junction Interchange, Andover, Tewksbury, and Wilmington Gainsborough St. & St. Bololph Street Improvements in Boston Upgrade MD 175 in Anne Arundel County between MD 170 and OW Parkway Improve US 40. MD 715 interchange at Aberdeen Proving Ground Upgrade MD 4 at Suitland Parkway Construct Fort Mct-lenry Visitors Center and related riarking facilIties Plan and construct North-South Arooslook highways to improve access to the St. John Valley, including Presque Isle Bypass and other improvements Repair and tmprovement of Deer lsle-Sedgwick Bridge Construction of CalaislSt. Stephen Border Crossing Project Replacement of Waldo-Hancock Bridge

$2,00I000 $2,000,000 $38,000,000 $12,000,000 $10,000,000 $8,000,000 $2,00000 $10,000,000 $9,000,000 $3,000,000 $9,000,000 $5,000,000

$4,000,000

$2,000,000 $2,000,000 $4,000,000 $2,000,000 $5,000,000 $5,000,000 $5,000,000 $2,000,000

185 186 187 188

ME ME ME ME

$5,000,000 $3,000,000

si,ooo,ooo
$1,000,000

36i
TRANSPORTATION IMPROVEMENTS

189 190 191 192 193

ME ME ME ME ME

Improvements and construction of US Route 1A and State Route 9 in Bangor, Maine Planning and Construction of the Gorham Bypass, Gortiam. Maine. Access and Traffic Improvements to Route 15 in Brewer. Maine Sedgewick Deer Isle Bridge, Sedgewick, Maine i3rioge improvements, !kugusla, Maine.
-

$1,500,000 $2,500,000 $50000 $3,000,000 $1,000,000

194 195

ME ME

196 197

Ml Ml

Replacement of Waldo-Hancock and Construction of Related Pedestrian Walkways. extend the life of concrete bridges and Marine structures within varied climates. Detroit Riverfront Conservancy, West Riverfront Walkway, Greenway and Adjacent Land Acquisition, from Riverfront Towers to Ambassador Bridge, Detroit Reconstruct and Widen 1-94 in Kalamazoo Construction of a new at-grade crossing and -75 interchange to reconnect Milbocker and McCoy Roads and a new overpass to reconnect Van Tyle to South Wisconsin Road in Gaylord The Trowbridge Rood Extension to Farm Lane, tngham County, Ml, Farm Lane between Mt. Hope Road and Trowbridge Road with underpasses for GN and CSX railroad crossings East Riverfront, completion of Detroit Riverfront East Walkway. Detroit Alger County, Repaving a portion of H-SB between Sullivan Creek towards Little Beaver Road Jackson Road Boulevard Project, Scio Township Blue Waler Bridge Plaza Expansion, Improve Highway connections along 1-94 end 1-69 Port Huron Midtown Detroit Greenway Loop, Detroit Cultural Center in Detroit Pinnacle Aeropark Access Project in Wayne County Washington Ave Streetscape and rail relocation in Saginaw US 131 widening from the Manistee River to north of M 113 in Grand Traverse County ii Mile Road ReconstnctioriBerkIey, Huntington Woods, Oak Park Phase Ill construction of Trunk Higy10-10 Polk, Pennlngton, Marshall County 10-Ton Corridor in Northwestern Minnesota Mississippi River Bridge St. Louis, Missouri

$1,000,000 $500,000

$20,000,000 $20,000,000

198

Ml

$7,000,000

199 200 201 202 203 204 205 206 207 208 209 210 211 212

MI MI Mi MI MI Ml Ml Ml Ml Ml MN MN MO MO

$6,000,000 $3,000,000 $11,000,000 $5,000,000 $18,000,000 $2,000,000 $2,000,000 $1,000,000 $3,000,00 $2,000,000 $8,000,000 $2,000,000 $25,000,000 $50,000,000

-29 Paseo Bridge Kansas City. Missouri

362
TRANSPORTATION IMPROVEMENTS

213 214 215 216 217 218 219 2211 221 222 223 224 225 226 227 228

MO MO MO MO MO MO MO MO MO MO MO MO MO MO MS MS

Page Ave. Extension, Phase 2, St. Charles County, Missouri U_S. 67 Corridor from Butler to St. Francois County, Missouri line Lewis & Clark Expressway, 39th Street to Hwy 24, Jackson county, Missouri Hwy 54 Lake Ozark Bpass, Miller and Camden Counties, Missouri Hwy 13 Warrensburg Bypass, Johnson County, Missouri -55 Interchange at Main Street, Cape Girardeau, Missouri 00. 13 in Polk County, Missouri CR490 to Pinewood Drive Widen RI. 66 Duquesne Rd. to Pt. 249, Jasper County, Missouri Grand Ave. Bridge Replacement, St. Louis C4y, Missouri Hwy 36 Macon to RI. 24. Marion, Rails, Monroe. Shelby and Macon Counties Ramsey Creek Bridge. Scott County Missouri Upgrades to MO Route 14 between U.S. 160 and U.S. 65 in Christian County Upgrades to Scott Road (MO Route iT) between Rollins Road and Brookview Terrace in Boone County Construction of riverfront trails in the City of Warsaw Widen State Highway 57 from 1-10 through \fancleave Widening of 1-55 from Highway 304 in DeSoto County to TN state line Byram-Clinton/Norrell Corridor Connects the Norrell Road Interchange on 1-20 to the Byram-Clinton Multimodal Corridor on 1-55 South Entrance Loop Mississippi State University Highway 44 Extension/Pearl River Bridge Project, Lawrence and Marion Counties US Highway 78, New Albany Interchange Interstate 69, Unfinished Sections, Mississippi Zimmerman Trail Project, Billings, Montana Taylor Hill Road reconstruction, Secondary 234, Montana Develop and construct Shiloh Road reconstruction rroiec.Billings
-

$20,000,000 $ 15.000,000 $30,000,000 $3,000,000 $10,000,000 $5,000,000 $20,000,000 $10,000,000 $15,000,000 $7,000,000 $5,000,000 $6,000,000 $3,500,000 $500,000 $32,000,000 $8,000,000

229 230 231 232 233 234 235 236 237

MS MS MS MS MS MT MT MT MT

$5,000,000 $5,000,000 $5,000,000 $5,000,000 $35,000,000 $7,000,000 $3,000,000 $10,000,000 $30,000,000

238

MT

Develop and construct US 93 Kalispell Bypass project Develop and construct St. Mary water project road and bridge infrastructure including: new bridge and approaches across St. Mary River, stabilization and improvements to US 89. and road/canal from Siphon Bridge to Spider Lake

$8,000,000

363
TRANSPORTATION IMPROVEMENTS

239
240 241

MT
MT MT

242 243 244

MT MT MT

245 246 247

MT MT MT

2, corridor feasibility study, environmental review and construction, which may include construction of a fourlane highway, for roadway sections from Glasgow east to the North Dakota State line, provided that all currently programmed highway improvement projects move forward Develop East Belgrade Interchange and connecting roadways to include environmental review Reconstruct Marysville Road consistent with final environmental document, Lewis and Clark County Develop and construct transportatIon enhancements including bicycle/pedestrian traits, landscaping, footbridges, parks, and river access on and in the vicinity of the Mitltown Dam Site, Missoula County and Deer Lodge County Develop Billings bypass. Yellowstone County Develop Great Falls South Arterial, including environmental review Develop and construct Helena 1-15 corridor consistent with final environmental document and record of decision Develop and construcl US 212 Red Lodge North Develop and construct Whitefish pedestrian and bicycle traits Develop and construct parking lot and transportation enhancements including bicycle/pedestrian trails and urban plaza, serving the City of Bozeman Public Library US 2, Swamp Creek East roadway and bridge reconstruction, Lincoln County Russell Street reconstruction and bridge expansion over the Clark Fork River, Missouta Conrad 1-15 North Interchange modifications to provide access east of the current interchange, Pondera County Develop and improve access road and structure serving the Port of Montana and Silicon Mountain Technology Park Construction and expansion of Little Sugar Creek Greenway Charlotte Falls of Neuse Road Widening and Improvement, Raleigh Transportation Improvements at Piedmont Triad Research Park, Winston Salem Plan, design, and construct the 10th street Connector Project in Greenville Randall Parkway Widening and Improvement, Wilmington Construction and improvement of 1-73, 1-74, US 220, in Montgomery and Randolph Counties US 1 Bypass and improvements around Rockingham

$10,000,000
$8,000,000 $5,000,000

$5,000,000 $7,000,000 $4,500,000

$10,000,000 $22,000,000 $3,000,000

248 249 250

MT MT MT

$1,125,000 $6,000,000 $6,000,000

251

MT

$4,000,000

252 253 254 255 256 257 258 259

MT NC NC NC NC NC NC NC

$4,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000

364
TRANSPORTATION IMPROVEMENTS

260 261 262 263

NC NC NC NC

Design, engineering and construction of 1-771 Catawba Avenue Interchange Cornelius Eliminate highway-railway crossings in city of Fayetteville Right-of-way acquisition and construction of US 74 bypss,Monroe Transportation improvements for the Piedmont Triad Research ParkWinston-Salem Acquire right-of-way and construct a new highway that will begin at NC 58 and follow east to US 301 Wilson Transfer the of the Williams Street railroad switching operation to the Milan Yard switching operation site,Fayetteville Reconstruction of the Bisrnarck-Mandan Liberty Memorial Bridge over Missouri River Develop and construct freight intermodal project in North Dakota, including access road construction Rural transportation safety and security research at the Upper Great Plains Transportation Institute at North Dakota State University US 12 Improvements between Bowman and Hetlinger Replace Red River Valley Bridge at Drayton, ND US-83 Reconstruction from Max to ND 23 Southbound US-83 Rehabilitation from Linton to Hazelton -29 Vertical Clearance Improvements from Bowesmont to the Canadian Border US 281 Reconstruction from Edgely to the junction of ND 46 Construction of the Antelope Valley Transportation Improvement Project in Lincoln Design and construction of the Cuming Street Transportation Improvement Project in Omaha Design and construction of the 1-80-Cherry Avenue Interchange and East Bypass in learney Construction of the Heartland Expressway between Ailiance and Minatare Design, right-of-way and construclion of the North Arterial Road in Columbus Research at the Midwest Roadside Safety Facility at the University of Netiraka, Lincoln, Nebraska PATCO Rolling Stock acquisition and/or renovation for use on line between Lindenwold and Locust Street in Philadelphia Construct new ramps between 1-295 and Route 42 Route 46 Corridor upgrades Route 18 Reconstruction in downtown New Brunswick Interstate 280 Interchange tmprovements, Harrison Widening of RT 1 and intersection improvements in South Brunswick

$1,000,000
$1000000

$3000000
$2,000,000

264

NC

$2,000,000

265 266 267

NC ND ND

$3,000,000 $16,000,000 $2,000,000

268 269 270 271 272. 273 274 275 276 277 278 279 280

ND ND ND ND ND ND ND NE NE NE NE NE NE

$2,000,000 $3,000,000 $3,000,000 $500,000 $4,500,000 $2,000,000 $7,000,000 $3,800,000 $5,700,000 $2,000,000 $2,500,000 $2,500,000 $3,500,000

281 282 283 284 265 286

NJ NJ NJ NJ NJ NJ

$10,000,000 $10,000,000 $500,000 $2,500,000 $3,000,000 $2,500,000

365
TRANSPORTATION IMPROVEMENTS

287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 301 308 309 310

Route 29 conversion project to a full access freeway Improvements to River Road in Camden Design and construct Newark Waterfront Pedestrian and Bicycle Access project NJ Route 9W operational and safety improvements, including 1-95 Southbound entrance alterations NJ Expand TRANSCOM Regional ITS System in NJ, NY, and CT NJ NM 125/US64 Interchange rehabilitation in Ralon NM Reconstruction of NM18 in Lea County NM Reconstruction of US18O in Grant County NM Reconstruction of US491 from Tohatchi to Shiprock NV Hoover Dam Bypass Boulder City Extension California Trait Interpretive Center roadside NV improvements and access infrastructure 1-15 Widening north from U.S. 95 to Apex Road in Clark NV County NV V & I Railroad Reconstruction Project in Carson City Carson City Bypass Enhancement Project (Phase II), NV Carson City (GROW & NDOT) NV Laughlin-Bullhead City Colorado River Bridge NV Rail Access Corridor Enhancement in Reno Peace Bridge Redevelopment Project, Road NY Improvements, and Construction Buffalo NY Improvements to Moynihan Station Design and Construction of Renaissance Square NY Intermodal Facility in Rochester Repair and Restoration of the Outdoor Area on 82nd NY Street and 5th Avenue NY Improvements to the New York Public Library vicinity NJ NJ
-

$2500000 $1000000 $1,500,000 $1,000,000 $500,000 $2,000,000 $3,000,000 $3,000,000 $2,000,000 $26,500,000 $2,000,000 $26,500,000 $10,000,000 $2,000,000 $1 8,000,000 $15,000,000 $17,000,000 $10,000,000 $4,000,000 $3,000,000 $3,000,000 $2,000,000 $1000000 $1,000,000

NY NY NY

Construction and Improvements to York Street in Auburn Slreetscape, Roadway, and Improvements for the Cotlege of New Rochelle South Lexington and Post Road Streetscape Expansion in White Plains Planning and Interim Improvements for the Manhattan, ttronx,Yonkers Hudson River Greenwaytink DestiNY USA Design, Research, Construction and Improvements Restoration of Vehicle Traffic to Main Street in Downtown Buffalo Roadway, Streetscape, Pedestrian, and Parking Improvements to the Buffalo Niagara Medical Campus in Buffalo Reconstruction of Cleveland Inner Belt and replacement of the Central Viaduct Bridge. Cleveland, OH SR-3 intersection/interchange improvements and s!iation, Franklin County OH (PID 76279)

311 312 313

NY NY NY

$1,000,000 $5,000,000 $2,000,000

314

NY

$6,000,000

315 316

OH OH

$85,000,000 $2,500,000

366
TRANSPORTATION IMPROVEMENTS

317

OH

SR-81 widening, turn lane addition, and safety improvements, Allen County OH (P30 75928) US-422 turn lane addition and traffic flow improvements at SR-88!SR-528, Geauga County OH (PID 78343) SR-39 add two-way left turn lane, signalization, and safety improvements. Tuscarawas County OH (PlO 19598) US-36 signal relocation and related safety improvements, Delaware County OH (PlO 76276) SR-39 two-way turn lane addition, signalization, and safety improvements, Holmes County OH (PlO 23913) Evans Avenue! CSX RR Grade Separation Improvements, Akron OH State of Oklahoma -40 Crosstown Realignment in Oklahoma City The University of Oklahoma to conduct research in global tracking methods for intermodal containerized freight State of Oklahoma for control of outdoor advertizing Reconstruction of SH-20 in Owasso, Oklahoma Widen Hwy 60 between Ponca City and Bartletsville Trails in Tulsa, Mingo Creek, NCOGComplete and extend Mingo trail from 41st. to 81 t St.,froml 1 lh St. to Mohawk park Signalization, Complete update of traffic signals with LEO illumination technology To add a southbound land to a section of 1-5 through Portaind, OR between Delta Park and Lombard, Portland, Oregon Sunrise Corridor, Clackamas County, Oregon Reroute U_S. 97 at Redmond, Oregon and improvements to intersection of U.S. 97 and Oregon 126 Constuct Barber Street extension, Wilsonvilte, Oregon Construct highway and pedestrian access to Macadam Ave and street improvements as part of South waterfront development. Portland, Oregon Sellwood Bridge, Multnomah County, Oregon Highway 22-Cascade Highway interchange improvements, Marion County, Oregon 1-5 Trade Corridor, Potlarid, Oregon to Vancouver, Washington Segment Hhway 101 Improvements, Oregon 1-205 Widening, Clackamas County, Oregon Phase I 1-205/Highway 213 Interchange Improvements, Oregon Kuebler Boulevard lmprovments, Salem, Oregon

$1,100,000

318

OH

$600,000

319 320

OH OH

$1,600,000 $2,000,000

321 322

OH OH

$600,000 $1,600,000

323

OK

5110.000.000

324 325 326 327

OK OK OK OK

$7,000,000 $1,000,000 $2,000,000 $10,800,000

328. 329

OK OK

V,ooo,ooo $2,200,000

330 331

OR OR

2,000,000 1,000,000

332 333

OR OR

1,400,000 600,000

334 335 336 337 338 339 340 341

OR OR OR OR OR OR OR OR

1.800,000 2,000,000

1.600,000
2,000,000 500,000 1,400,000 1,500,000 500,000

367
TRANSPORTATION IMPROVEMENTS

342 343 344

OR OR PA

To construct sidewalks and improve storm drainage and gutters for the Citys Safe Walk Plan, Medford, Oregon Highway 140 Transportation Improvements, Lake County, Oregon Warrendale-Bayne Road improvements from t-79 to SR 19, in tJIegheny County For design, engineering, ROW acquisition, and construction of the third phase of the Marshalls Creek Bypass Project in Monroe County, Penns)itvania Construction of Central Susquehanna Valley Thruway Improvements to SR 130 and the College Avenue Underpass, Greensburg, PA Mifflin County tndus trial Park Access Road Improvements to Section 114 of State Route 150, Centre County, PA Upgrade to SR 228, Cranberry Township, PA Purchase of right-of-way, utilities and construction for Northern Access to Altoona from Interstate 99, Blair County, Pa Reconfiguration of the Rochester Riverfront ramp Construct the Alle-Kiski Bridge and Connector Construct an intermodal center at the Philadelphia Zoo For interpretive signage and trails in Pittsburgh urban park land Construct an intermodal facility in Deny Township Construction of the Schuylkill Gateway Project Da Vinci Center hydrogen fuel-celled transit vehicles Construct a road along the North Delaware Riverfront Corridor from Buckius Street to Poquessirig Creek Widen 1-81 from four to six lanes in the WilkesBarre/Scranton corridor Improvements to the Pleasant Valley and Sandy Hill Roads intersection with SR 130 in Penn Township Improvements to access roads at the Please Touch Museum Construct the North Delaware River East Coast Greenway Trail To enhance the infrastructure surrounding and for transportation improvements relative to the intermodal station at Warwick Improvements to Warren Bridge (Warren) Open space acquisition to mitigate growth associated with SR-4 and Interstate 95, by non-profit land conservation agencies through acquisition of fee or easement, with a match requirement of 50% of the total purchase price. Ten Mile River Greenway (Pawtucket, E. Providence) Washington Secondary Bicycle Facility! Coventry Greenway? Trestle Trait (Coventry)

2000000 1700,000 $2,800,000

345 346 347 348 349 350

PA PA PA PA PA PA

$1,000,001 $600,000 $500,000 $500,000 $2,500,000 $1,500,000

351 352 353 354 355 356 357 358 359 360 361 362 363

PA PA PA PA PA PA PA PA PA PA PA PA PA

$600,000 $500,000 $1,500,000 $1 .000,000 $2,000,000 $1,000,000 $700,000 $200,000 $1,000,000 $1,000,000 $300,000 $300,000 $500,000

364 365

RI RI

$20,000,000 $11,000,000

366 367 368

RI RI RI

$2,000,000 $3,000,000 $4,000,000

368
TRANSPORTATION IMPROVEMENTS

369 370

RI RI

South County Bike Path (South Kingstown. Narragansett) New Interchange constructed from -195 to Tauriton and Warren Avenue in East Providence Jamestown Bridge Demolition Bicycle Access/Trestle Span DemolitionlFishing Pier (N. Kingstown) Sakonnel River Bridge Replacement RT 146 Safety Improvements in North Smithfield Construction of four-lane highway on US 79 between Maverick Junction, and the Nebraska border
-

$2000000 $1500000

371 372 373 374 375 376

RI RI RI SD SD SD

$11,500,000 $15,000,000 $5,000,000 $19,000,000 $6,000,000 $1,000,000

377 378 379 380

.

SD SD SD SD

381 382 383 364

SD SD TN TN

385 386

TN TN

387 3138 389 390 391 392

TN TN TN TN TN UT

Rosebud community streets reconstruction and paving Aberdeen bike trail extension Whether or not otherwise eligible in Title 23, construct Phase II and III of Phillips to the Falls Project. Notwithstanding any other provision of law, with respect to costs for Phase II & Ill of this project paid for from this $40 million, the Federal share of project costs shall be 100 percent. Rapid City Greenway Pedestrian and bike path expansion Brookings bike path Sioux Falls Bike Path--Dunham Park. Skunk Creek, 12th St., and 1-29 to Sertoma Park For bike paths and pedestrian walkways within Yankton, Pierre, Huron, Watertown, and Madison. Atlocation for such paths wItI be determined by state. Directed to SD DOT for projects it determines to be of high prionty. North Second Street Corridor Upgrade, Memphis Upgrade roads for Slack Waler Port facility and industrial park, Lake County, TN Plan and construct Rutherford County visitors center/transportation intormation hub, Rulherford County, Tennessee Warren County Mountain View Industrial Park access road, Warren County, TN Construction of an Interchange on Highway 64 (APD 40) adjacent to -75 E.xlt 20 in the City of Cleveland, TN for increased safety Sullivan, Washington Counties, Tennessee SR-75 widening Sevier County. TN SR-66 widening reconstruct US 79 between Milan and McKenzie Construct Transportation and Heritage museum, Townsend Widen Highway 92 from Lehi to Highland Widen Redwood Road from Bangerter Highway in Salt Lake County through Saratoga Springs in Utah County

$40,000,000 $2,000,000 $100,000 $1,170,000

$2,500,000 $3,230,000 $2,000,000 $2,000,000

$1,000,000 $1,000,000

$2,000,000 000,000 $500,000 $5,000,000 $500,000 $3,000,000

393

UT

$2,000,000

369
TRANSPORTATION IMPROVEMENTS

394 395 396 397

UT UT UT UT

398
399 400 401 402

UT
UT UT UT UT

403 404
405 406 407 408 409 410 411 412 413 414 415 416

UT VA
VA VA VA VA VA VT VT VT VT VT VT VT

417

VT

418 419 420 421

VT VT VT VT

Construction of 200 North Street highway-rail graded crossing separation, Kaysville, Utah Bear River Migratory Bird Refuge Access Road Improvements. Box Elder County. Utah State Street Reconstruction Project 10600 South to 9400 South, Sandy. Utah Geneva Rd-Provo Center Street, Orem 1600 North to I15 FWY. Provo-widen from 2 to 4 lanes, Provo Provo, Utah Westside Connector from 1-15 to Provo Municipal Airport, Provo Bear River Migratory Bird Refuge Access Road Improvements, Box Elder County Widen Highway 92 from LeN to Alpine/Highland Construction of 200 North Street highway-rail graded crossing separation, Kaysville Expand Redhills Parkway from 2 to 5 lanes and improve alignment within rights-of-way in St. George Construction and Rehabilitation of 13th East in Sandy City Hampton Roads Third Crossing-Segment 1 Manage Freight movement and safety improvements to I 81 Construct Old Mill Road extension Widen Route 262 in Augusta County Construct Meadowcreek Parkway Interchange. Charlottesville Widening 1-95 between RIe 123 and Fairfax County Parkway Improvements to Vermont Small Bridges Improvements to Vermont interstates Vermont Institute of Natural Science turning lane on US RT 4 in Woodstock Western Corridor Rail Improvements, ABRB&E, Vermont Design and Construction of the Bennington Welcome Center Improvements to the E. Alburg Railroad Trestle Swing Span Rehabilitation of Hartford Northbound and Southbound rest areas Improvements to the Island Line at South Street in South Hero Property acquistion and improvements for pubte access and viewshed protection for the Cedar Creek Vermont monument at the Cedar Creek and Belle Grove Nalionat Historical Park in Virginia Design and construction of the South Burlington City Center project Rehabililalion of statewide covered bridges Improvements to the Green Mountain Rail Line between Rutland and Bellows Falls
-

$2000000 $500,000 $2,500,000 $6,000,000 $4,000,000 $3,000,000 $5,000,000 $7,000,000 $8,000,000 $7,000,000 $37,000,000 $38,000,000 $3,000,000 $3,000,000 $2,000,000 $2,000,000 $30,000,000 $10,000,000 $300,000 $30,000,000 $6,500,000 $5,000,000 $6,500,000 $2,000,000

$2,000,000 $5,000,000 $6,200,000 $2,500,000

111276

CONGRESSIONAL RECORD

HOUSE

March 10, 2005

Furthermore, as my colleague, the the Federal Government has on the gentleman from New Jersey (Mr. books, how are we going to justify MENENDEZ), has pointed out, this would that? This is a win-win situation. Neither probably save money. There is too much money allocated in contracts for party is the source of corruption and reasons that are not based entirely on neither party is privy to virtue; let us accept that. Let us also accept that cost and efficiency. So I strongly urge the support of the this is a bipartisan amendment, intro amend duced in good faith, so that each of the Pascrell-Menendez-LoBionclo parties, if you will, look good. Not only m ent. Mrs. CAPITO. Mr. Speaker, I con talk the talk but take that extra step tinue to reserve the balance of my to clean up their own acts. How can we in this House not permit or allow each time. Mr. McGOVERN. Mr. Speaker, I yield of the States to provide for cleaner 5 minutes to the gentleman from New governments? Jersey (Mr. PASCRELL). This is reality. The Federal law, the Mr. PASCRELL. Mr. Speaker, in a court cases have backed up this effort. letter that went from Suzanne Novak There is no reason under the sun. This on behalf of the Brennan Center for is bipartisan. It will help both parties Justice at NYU to the gentleman from and it will reduce the cynicism that ex Alaska (Mr. YOUNG), the honorary ists in many, many areas of the public. chairman of the Committee on Trans So, Mr. Speaker, this great H.R. 3, portation and Infrastructure, and the the Transportation Equity Act, we gentleman from Minnesota (Mr. OBER have worked on it a long time. I have STAR), ranking member, she wrote in saluted both the Chair, as well as the that letter in support of the Federal ranking member. I have not heard one Government supporting States and cogent argument as to why we should being very specific about the bidding not pass and allow States to reform laws in contracting to respond to the their own act and clean up their own collusion or the possibilities of collu acts. One criticism I heard is that this is sion that have existed, I can assure my colleagues, not only in the State of going to open up a Pandoras box. The Federal Government has rules on the New Jersey. She wrote this: Several recent scan books already. Are we going to tell the dals regarding government contracting Federal Government, you have opened in New Jersey prompted New Jersey to up a Pandoras box because you are establish a criterion of responsibility trying to implement clean-government for government contracting which pro rules? That is absurd. Give me one hibited the State from contracting legal reason why this amendment with an entity that has contributed to should not only be in order, which it is, a candidate for or holder of the office but it should not be both sides of the of Governor, or to any State or county aisle supportive. Give me one good political party committee, within cer legal reason. Mr. McGOVERN. Mr. Speaker, I yield tain time frames. The executive order of the Governor explicitly stated myself such time as I may consume, that the growing infusion of funds do and we have no further requests for nated by business entities into the po time. So let me just again say that while I litical process at all level of govern ment has generated widespread cyni wish the funding level of this bill were cism among the public that special in higher, TEALU is a good bill. It is a terest groups are buying favors from tribute to the gentleman from Alaska (Chairman YOUNG) and the gentleman elected officeholders. Mr. Speaker, the courts have recog from Minnesota (Ranking Member nized that contributions from govern OBERSTAR). I urge my colleagues to ment contractors present a severe risk support it. We also will support the of engendering corruption, the appear rule. Mr. Speaker, I yield back my time. ance of corruption and, thus, have gen Mrs. CAPITO. Mr. Speaker, I yield erally upheld pay-to-play contribution bans, and this is what this amendment myself such time as I may consume. I would like to thank my colleague, is all about. It is a bipartisan amend ment to reform government, to help the gentleman from Massachusetts, government clean up its act. We have and I would like to reiterate as well similar laws on the Federal books that this legislation is crucial to the about contracting and bidding. We continued growth of our economy. We want to remove cynicism from the pub are creating jobs and improving the lic about when the government does ability of current workers to commute business that there is proper conditions to their places of employment, among that will be implemented to make sure a myriad of other transportation issues. that it is done according to the law. I look forward to the strong bipar Blount v. the SEC was a perfect ex ample. The Securities and Exchange tisan support of this legislation. I urge Commission made it very clear that if a yes vote on the rule and the under you were going to do some bonding lying legislation. Mr. ANDREWS. Mr. Speaker, would like to work, that if you give a political con tribution to the entity beforehand. take this opportunity to express my support for that is rather suspect. So let us remove the rule, H. Res. 144, to the TEALU, H.R. 3, that possibility. There is no doubt, if bill, which makes in order the Pascrell/Menen we do not allow the States to do what dezlLoBiondo Pay-to-Play amendment. The

consideration of this amendment is crucial to restoring the integrity of New Jerseys govern ment and to protecting federal funds allocated to the State. New Jersey government and politics are long overdue for a cleansing. For too long, New Jersey taxpayers have paid a corruption taxthe cost of decisions made to benefit campaign donors rather than taxpayers. At the present time, the New Jersey legislature is at tempting to restore its integrity by barring com panies, who have made political contributions to a state government or political party official, trom receiving state contracts worth more than $17,500. This is a critical component of the States reform package and must be enacted and maintained for genuine change to occur in New Jersey. Standing in the way of New Jerseys cleans ing is the US Department of Transportation, USD01, who has cited concerns that our States pay-to-play reform would illegally stifle competition for government contracts. New Jersey has challenged the USDOTs decision in the court. Currently, the case is pending. To weed out the corruption that has plagued our State and resulted in our citizens mistrust of their government, the Pascrell/Menendezl LoBiondo amendment is essential. Consider ation and subsequently the passage of this amendment are imperative for New Jersey to attain real ethical reform. Again, I commend the Rules Committee for declaring the Pascrell/MenendezlLoBiondo Pay-to-Play amendment in order today and urge its adoption. Mrs. CAPITO. Mr. Speaker, I yield back the balance of my time, and I move the previous question on the res olution. The previous question was ordered. The resolution was agreed to. The SPEAKER pro tempore (Mrs. CAFITO). Pursuant to House Resolution 144 and rule XVIII, the Chair declares the House in the Committee of the Whole House on the State of the Union for the further consideration of the bill, HR. 3. 0 1140
IN THE COMMIrPEE OF THE WHOLE

Accordingly, the House resolved itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (HR. 3) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, with Mr. BASS (Acting Chair man) in the chair. The Clerk read the title of the bill. The Acting CHAIRMAN. When the Committee of the Whole rose on Wednesday, March 9, 2005, all amend ments pursuant to House Resolution 140 had been disposed of. Pursuant to House Resolution 144, no further general debate, except for the final period contemplated in House Resolution 140, is in order. Pursuant to House Resolution 144, no further amendment to the bill, as amended, shall be in order except those printed in House Report 10915. Each amendment may be offered only in the order printed in the report, may be of fered only by a Member designated in

March 10, 2005

CONGRESSIONAL RECORD
In item number 1258 of such table, $2,500,000 insert $3,450,000. In item number 1926 of such table, $12,500,000 insert $15,000,000. In item number 2016 of such table, $3,000,000 insert $4,500,000. In item number 3107 of such table, $1,000,000 and insert $2,000,000. In item number 1331 of such table, $1,000,000 and insert $1,500,000. In item number 665 of such table, $1,000,000 and insert $1,500,000. In item number 1121 of such table, $5,000,000 insert $6,000,000. In item number 3303 of such table, $5,000,000, insert $6,000,000. In item number 347 uf such table, $2,000,000 and insert $3,000,000. In item number 1123 of such table, $1,000,000 and insert $3,000,000. In item number 256 of such table, 12,500.000 and insert $27,000,000. In item number 1935 of such table, $500,000 and insert $1,000,000. In item number 2190 of such table, $500,000 and insert $1,500,000. In item nomber 1013 of such table, $7,000,000 and insert $8,000,000. In item number 1471 of such table, $3,000,000 and Insert $4,000,000. In item number 619 of such table, $1,000,000 and insert $1,125,000. In item number 2416 of such table, $750,000 and insert $1,000,000. In item number 2936 of such table, $500,000 and insert $1,000,000. In item number 353 of such table, $500,000 and insert $1,000,000. In item number 661 of such table, $500,000 and insert $1,000,000. In item number 581 of such table, $7,000,000 and insert $7,200,000. In item number 2714 of such table, $2,000,000 and insert $3,000,000. In item number 1225 of such table,

HOUSE
strike
strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike strike

111277

the report, shall be considered as read, debatable for the time specified in the report, equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for di vision of the question. It is now in order to consider amend ment No. 1 printed in part B of House Report 10915.
AMENDMENT NO. 1 OFFERED BY MR. YOUNG OF ALASKA

In item number 329 of such table, strike $4,000,000 and insert $6,000,000. In item number 3003 of such table, strike
$4,000,000 and insert $9,000,000. In item number 2108 of such table, strike $4,000,000 and insert $9,000,000. In item number 835 of such table, strike $5,000,000 and insert $5,700,000. In item number 3114 of such table, strike $5,450,000 and insert $6,150,000. In item number 2668 of such table, strike $2,000,000 and insert $2,600,000. In item number 3206 of such table, strike $4,000,000 and insert $5,000,000. In item number 2233 of such table, strike $1,000,000 and insert $2,000,000. In item number 177 of such table, strike Construction of Valleydale Road Flyover, Widening and Improvements and insert Construction of Valeydale Road Flyover and widening and improvements from US 31 and strike to 1-65 (Shelby County Rd 17 $5,000,000 and insert $6,000,000. In item number 940 of such table, strike $4,000,000 and insert $5,000,000. In item number 2887 of such table, strike $200,000 and insert $250,000. In item number 2323 of such table, strike $100,000 and insert $150,000. In item number 827 of such table, strike $100,000, and insert $300,000. In item number 2593 of such table, strike $100,000 and insert $200,000. In item number 2395 of such table, strike $100,000 and insert $500,000. In item number 2541 of such table, strike $100,000 and insert $500,000.,. In item number 1572 of such table, strike $1,000,000 and insert $700,000. In item number 2608 of such table, strike the project description and insert CR 52 from US 31 (Pelham) and continuation of CR 52 in Jefferson County. known as Morgan

Mr. YOUNG of Alaska. Mr. Chair man, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows:
Amendment No. 1 offered by Mr. YOUNG of Alaska: In item number 1176 of such table con $10,000,000 tained in section 1702. strike and insert $4000000. In item number 2455 of such table, strike $3,000,000 and insert $2,000,000. In item number 852 of such table, strike $750,000 and insert $500,000. In item number 865 of such table, strike $9,750,000 and insert $7,500,000. In item number 1222 of such table, strike $2,000,000 and insert $1,000,000. In item number 497 of such table, strike $2,000,000 and insert $1,000,000. In item number 2083 of such table, strike $6,500,000 and insert $6,000,000. In item number 1041 of such table, strike $2,500,000 and insert $2,000,000. In item number 1048 of such table, strike $3,900,000 and insert $3,000,000. In item number 2737 of such table, strike $400,000 and insert $100,000. In item number 3236 of such table, strike $400,000 and insert $100,000. In item number 2250 of such table, strike $5,000,000 and insert $4,000,000. In item number 2336 of such table, strike $21,350,000 and insert $20,000,000. In item number 419 of such table, strike $21,400,000 and insert $18,400,000. In item number 2938 of such table, strike $610,000 and insert $360,000. In item number 749 of such table, strike $500,000 and insert $540,000. In item number 1211 of such table, strike $700,000 and insert $1,100,000,,. In item number 2463 of such table, strike $500,000 and insert $1,010,000. In item number 2930 of such table, strike $300,000 and insert $350,000. In item number 2954 of such table, strike $8,000,000 and insert $9,000,000. In item number 1196 of such table, strike lands and insert lane and strike 5.000,000 and insert 14,000,000. In item number 3012 of such table, strike $2,500,000 and insert $3,000,000. In item number 1175 of such table, strike $6,000,000 and insert $6,500,000. In item number 3259 of such table, strike $5,000,000 and insert $6,000,000. In item number 1530 of such table, strike $2,000,000 and insert $2,500,000. In item number 1948 of such table, strike $555,000 and insert $1,055,000. In item number 2809 of such table, strike $500,000 and insert $1,000,000. In item number 3065 of such table, strike $555,000 and insert $1,055,000. In item number 3276 of such table, strike $10,000,000,, and insert $11,000,000. In item number 1010 of such table, strike $1,000,000 and insert $2,000,000. In item number 549 of such table, strike $1,000,000,, and insert $1,010,000. In item number 1552 of such table, strike $2,000,000 and insert $2,500,000.

Road, to 1459, including proposed Highway

261 bypass around old town Helena and strike $15,000,000 and insert $10,000,000. In item number 1787 of such table, strike LA and insert AL, strike the project de scription and insert Birmingham Northern Beltline, and strike $800,000 and insert $10,000,000. In item number 2943 of such table, strike $4,000,000 and insert $6,000,000. In item number 2623 of such table, strike $5,000,000 and insert $5,500,000. In item number 1621 of such table, strike $2,500,000 and insert $3,400,000. In item number 1098 of such table, strike $900,000 and insert $2,000,000. In item number 3272 of such table, strike 14,000,000 and insert 20,000,000. In item number 1174 of such table, strike $3,000,000 and insert $2,000,000. In item number 2534 of such table. strike $6,000,000 and insert $5,000,000. In item number 2128 of such table. strike $14,000,000 and insert $16,000,000. In item number 3051 of such table, strike $4,000,000 and insert $4,500,000. In item number 567 of such table, strike $2,000,000 and insert $2,500,000. In item number 3017 of such table, strike $1,100,000 and insert $2,100,000. In item number 2735 of such table, strike $6,000,000 and insert $7,500,000. In item number 572 of such table, strike $1,000,000 and insert $1,500,000. In item number 663 of such table, strike $4,000,000 and insert $6,000,000. In item number 2942 of such table, strike $1,000,000 and insert $1,500,000. In item number 132 of such table, strike $2,200,000 and insert $3,200,000. In item number 3055 of such table, strilte $2,000,000 and insert $3,000,000. In item number 1607 of such table, strike $1,000,000 insert $1,200,000. In item number 874 of such table, strike $1,400,000 insert $2,000,000.

strike Croos Creek Boulevard Widening and in sert Cross Creek Boulevard Widening and strike $1,000,000 and insert $1,800,000. In item number 2558 of such table, strike $3,000,000 and insert $6,000,000. In item number 2423 of such table, strike $3,000,000 and insert $6,000,000. In item number 538 of such table, strike $1,509,000 and insert $2,000,000. In item number 724 of such table, strike $1,500,000 and insert $2,000,000. In item number 3031 of such table, strike $1,000,000 and insert $1,500,000. In item number 1002 of such table, strike $4,000,000 and insert $4,500,000. In item number 2428 of such table, strike $1,500,000 and insert $2,000,000. In item number 3261 of such table, strike $1,250,000 and insert $1,750,000. In item number 1537 of such table, strike the project description and insert Construct a four lane connection between Rt. 13 and Rt. 45 and upgrades to Netty Green Road in Sa line Co Illinois and strike $1,000,000 and insert $2,000,000. In item number 1779 of such table, strike the project description and insert Construc tion of part of a 230 mile corridor US 67 near

Jerseyville and Carrolton, Illinois, In item number 1066 of such table, strike
$2,000,000 and insert $3,000,000.
In item number 767 of such table, strike

$1,500,000 and insert $2,000,000. In item number 1725 of such table, $750,000 and insert $2,500,000. In item number 1427 of such table, $2,000,000 and insert $3,000,000. In item number 1380 of such table, $2,000,000 and insert $3,000,000. In item number 1062 of such table, $2,600,000 and insert $3,600,000. In item number 3195 of such table, $11,000,000 and insert $12,000,000.

strike strike strike strike strike

111278

CONGRESSIONAL RECORD

HOUSE

March 10, 2005

In item number 986 of such table, strike $250,000 insert $300,000. In item number 1739 of such table, strike $3,600,000 insert $3,900,000. In item number 3234 of such table, strike $3,600,000 insert $4,200,000. In item number 540 of such table, strike $150,000 insert $275,000. In item number 3132 of such table, strike $6,200,000 and insert $8,200,000. In item number 1094 of such table, strike $4,300,000 and insert $6,100,000. In item number 49 of such table, strike $1,000,000 and insert $2,000,000. In item number 1506 of such table, strike $8,000,000 and insert $10,000,000. In item number 407 of such table, strike $12,000,000 and insert $14,000,000. In item number 1899 of such table, strike $3,000,000 and insert $5,000,000. In item number 1166 of such table, strike $4,000,000 and insert $6,000,000. In item number 2022 of such table, strike $4,000,000 and insert $6,000,000. In item number 1061 of such table, strike $2,000,000 and insert $3,000,000. In item number 2277 of such table, strike $4,000,000 and insert $5,000,000. In item number 171 of such table, strike $500,000 and insert $1,000,000. In item number 543 of such table, strike $500,000 and insert $1,000,000. In item number 1944 of such table, strike $500,000 and insert $1,000,000. In item number 2824 of such table, strike $500,000 and insert $1,000,000,. In item number 104 of such table, strike $4,000,000 and insert $6,000,000,. In item number 1851 of such table, strike $12,000,000 and insert $14,000,000. In item number 15 of such table, strike $4,644,000 and insert $5,000,000. In item number 124 of such table, strike $2,500,000 and insert $2,900,000. In item number 2640 of such table, strike $4,856,000 and insert $6,000,000. In item number 3074 of such table, strike $2,000,000 and insert $2,100,000. In item numbei 1737 of such table, strike $9,000,000 and insert $10,000,000. In item number 1581 of such table, strike $1,500,000 and insert $2,000,000. In item number 1631 of sech table, strike $1,000,000 and insert $1,500,000. In item number 88 of such table, strike $2,000,000 and insert $3,000,000. In item number 425 of such table, strike $3,000,000 and insert $4,000,000. In item number 1223 of such table, strike $800,000 and insert $1,600,000. In item number 585 of such table, strike $1,000,000 and insert $2,000,000. In item number 1346 of such table, strike $500,000 and insert $750,000. In item number 1669 of such table, strike $2,000,000 and insert $3,000,000. In item number 2224 of such table, strike $8,000,000 and insert $11,000,000. In item number 702 of such table, strike $4,000,000 and insert $6,000,000. In item number 636 of such table, strike $1,000,000 and insert $1,500,000. In item number 807 of such table, strike $1,000,000 and insert $1,500,000,, In item number 1172 of such table, strike $1,000,000 and insert $1,500,000. In item number 2234 of such table, strike $1,000,000 and insert $500,000. In item number 3164 of such table, strike $1,000,000 and insert $1,500,000. In item number 3219 of such table, strike $1,000,000 and insert $1,500,000. In item number 2962 of such table, strike Construct and insert Design and con struction. In item number 2469 of such table, strike Construction and insert Design, right of way acquisition, and construction.

In item number 2140 of such table, strike $6,000,000 and insert $10,000,000. In item number 1106 of such table, strike $8,000,000 and insert $10,000,000,,. In item number 652 of such table, strike $3,000,000 and insert $4,000,000. In item number 814 of such table, strike 2,000,000 and insert $3,000,000. In item number 2944 of such table, strike $3,000,000 and insert $5,000,000,,. In item number 434 of such table, strike $800,000 and insert $2,800,000. In item number 345 of such table, strike $4,500,000 and insert $5,500,000. In item number 1587 of such table, strike $3,800,000 and insert $4,300,000. In item number 2753 of such table, strike $3,000,000 and insert $3,500,000. In item number 330 of such table, strike $2,000,000 and insert $2,500,000. In item number 1255 of such table, strike $2,000,000 and insert $2,500,000. In item number 1626 of such table, strike $6,000,000 and insert $7,000,00P. In item number 3218 of such table, strike $3,000,000 and insert $5,000,000. In item number 1031 of such table, strike $5,000,000 and insert $7,000,000. In item number 1242 of such table, strike $1,000,000 and insert $3,000,000. In item number 403 of such table, strike $5,000,000 and insert $9,100,000. In item number 903 of such table, strike $4,000,000 and insert $13,500,000. In item number 1617 of such table, strike $1,000,000 and insert $2,000,000. In item number 2298 of such table, strike $6,000,000 and insert $7,000,000. In item number 2072 of such table, strike $1,500,000 and insert $4,000,000. In item number 876 of such table, strike $930,000 and insert $1,045,000. In item number 229 of such table, strike $930,000 and insert $1,020,000. In item number 1584 of such table, strike $780,000 and insert $870,000. In item number 280 of such table, strike $680,000 and insert $770,000. In item number 1441 of such table, strike $2,430,000 and insert $2,695,000. In item number 690 of such table, strike $430,000 and insert $510,000. In item number 2994 of such table, strike $620,000 and insert $695,000. In item number 2836 of such table, strike $1,000,000 and insert $1,195,000. In item number 2575 of such table, strike $1,500,000 and insert $2,500,000. In item number 1101 of such table, strike $1,500,000 and insert $2,000,000. In item number 2845 of such table, strike $2,000,000 and insert $2,500,000. In item number 2340 of such table, stiike $1,500,000 and insert $3,000,000. In item number 3203 of such table, strike $3,000,000 and insert $4,000,000. In item number 786 of such table, strike Eliminate Highway-Railway crossing over US 14 and realignment of US 14, Des Plaines and insert Reconstruct Highway-Railway crossing over US 14 and realignment of US 14, Dee Plaines. In item number 2813 of such table, strike $9,000,000 and insert $15,000,000. In item number 1547 of such table, strike $30,000,000 and insert $50,000,000. In item number 640 of such table, strike $1,500,000 and insert $2,000,000. In item number 1771, of such table, strike For rail grade separations identified by the MPO for the Little Rock/North Little Rock metropolitan area, (which may include: Edi son Ave.: Springer Blvd; Hwy 89 Extension: McCain/Fairfax; Salem Road and insert For rail grade separations identified by the MPG for the Little Rock/North Little Rock metropolitan area, (which may include: Edi son Ave.; Springer Blvd; Hwy 89 Extension;

McCainlFairfax; Salem Road; J.P. Wright Loop; South Loop; Geyer Springs Rd). In item number 596 of such table, strike Allegheny City Urban Runoff Mitigationeliminate urban highway runoff and the dis charge of culverted streams into municipal combined sewers and insert Allegheny County Urban Runoff Mitigation-eliminate urban highway runoff and the discharge of culverted streams into municipal combined sewers. In item number 1197 of such table, strike Construct Shoreline Transportation En hancement Projects, Guilford, Branford, East Haven and insert Construct Shore line Greenway Trail, Guilford, Branford, East Haven. In item number 1741 of such table, strike Construct 6 mainlines from east of Mercury to east of Wallisville and insert US 90 Construct 6 mainlines from east of Mercury to east of Wallisville. In item number 2272 of such table, strike Build additional staircases, landscape, and other improvements to the municipal bridge at the Holton St. Viaduct in Milwaukee and insert Build additional staircases, land scape, and other improvements to the marsu pial bridge at the Holton St. Viaduct in Mil waukee. In item number 3037 of such table, strike Belle Chasse Tunnel and insert Replace ment Bridge for Tunnel, Belle Chasse. In item number 2751 of such table, strike Kerner Bridge and insert Kerner Ferry Bridge. Jefferson Parish. In item number 2405 of such table, strike Acquire lands adjacent to US 101 as part of Southern Santa Clara County Wildlife Cor ridor Protection and Scenic Enhancement Project and insert Acquire lands for miti gation adjacent to US 101 as part of Southern Santa Clara County Wildlife Corridor Pro tection and Scenic Enhancement Project and strike $250,000 and insert $500,000 In item number 42 of such table, strike Access and enhancements to access Lake Belva Deer, Sigourney and insert Access and transportation enhancements to access Lake Belva Deer, Sigourney and strike $1,000,000 and insert $2,000,000. In item number 1429 of such table, strike $4,150,000 and insert $4,650,000. In item number 1245 of such table, strike $1,000,000 and insert $2,500,000. In item number 2220 of such table, strike $2,000,000 and insert $3,000,000. In item number 116 of such table, strike NV and insert WA and strike Yonkers, New York, Trolley Due Acquisition and in sert SR 518 3rd lane construction, King County and strike $300,000 and insert $2,000,000. In item number 2042 of such table, strike Construction of vessel impact protection system for TXDOT and insert Construct a for system protection impact bridge TxDOT. In item numbei 169 of such table, stiike TX and insert AR and strike Corpus Christi, TX Corpus Regional Transit Author ity for maintenance facility improvements and insert Conway Western Loopfor engi neering, rights-of-way, relocations, and con tinued planning and design and strike $2,000,000 and insert $500,000. In item number 2552 of such table, strike $2,000,000 and insert $3,700,000. In item number 2947 of such table, strike $1,200,000 and insert $1,500,000. In item number 261 of such table, strike $800,000 and insert $1,600,000. In item number 1569 of such table, strike $500,000 and insert $1,000,000. In item number 588 of such table, strike Harlem Hospital Parking Garage and in sert Traniportation parking facility serv ing the Harlem Hospital Complex.

March 10, 2005

CONGRESSIONAL RECORD

HOUSE

H1279

In item number 2860 of such table, strike Add lights to road from Halchita to Mexi can Hat on Navajo Mountain and insert Add lights to road from Halchita to Mexi can Hat in the Navajo Nation. In item number 1674 of such table, strike Mile 2 W from Mile 12 N to US 83, Hidalgo County and insert Reconstruct Mile 2 W from Mile 12 N to US 83, Hidalgo County. In item number 630 of such table, strike Mile 6 W from US 83 to SE 107, Hidalgo County and insert Reconstruct Mile 6 W from US 83 to SR 107, Hidalgo County. In item number 257 of such table, strike Construct transportation enhancements on greenway along East River waterfront be tween East River Park (ERP) and Brooklyn Bridge, and reconstruct South entrance to ERP, in Manhattan and insert Construct greenway along East River waterfront be tween East River Park (ERP) and Brooklyn Bridge, and reconstruct South entrance to ERP, in Manhattan. In item number 1862 of such table, strike Plan and construct bicycle path, esplanades and ferry landing along New York Bay in Sunset Park, Brooklyn and insert Plan and construct greenway, bicycle path, espla nades and ferry landing along New York Bay in Sunset Park, Brooklyn. In item number 523 of such table, strike To study, design and construct transpor tation enhancements on the Biooklyn Wa terfront Greenway in Red Hook, Greenpoint, and the Navy Yard in Brooklyn and insert To study, design and construct the Brook lyn Waterfront Greenway in Red Hook, Greenpoint, and the Navy Yard in Brooklyn insert and $5,000,000 strike and $8,250,000. In item number 2565 of such table, strike Study and Implement Enhancement to Ave nue U from Mill Avenue to East 38th Street and Flatbueh Avenue from Avenue T to Ayeflue V and insert Study and Implement Traffic and Pedestrian Safety Enhancements to Gerritsen Beach, Brooklyn. In item number 2315 of such table, strike Construction of a bicycle / pedestrian off road scenic pathway from the Niagara Falls City Line to the southerly Lewiston Town / Village Line along the Niagara Gorge, Town of Lewiston, Village of Lewi and insert Construction of a bicycle I pedestrian off road scenic pathway from the Niagara Falls City Line to the southerly Lewiston Town I Village Line along the Niagara Gorge, Town of Lewiston, Village of Lewiston, Niagara County and strike $1,250,000 and insert $2,750,000. In item number 1144 of such table, strike implement ITS system and apparatus to en hance citywide truck route system on LIE Eastbound Service Road at 74th Street to Caidwell Ave. Grand Ave from 69th Street to Flushing Aye, and Eliot Ave from 6 and in sert Implement ITS system and apparatus to enhance citywide truck route system on LIE Eastbound Service Road at 74th Street to CaIdwell Ave. Grand Ave from 69th Street to Flushing Aye, and Eliot Ave from 69th Street to Woodhaven Blvd. In item number 2575 of such table, strike $1,500,000 and insert $2,500,000. In item number 2436 of such table, strike For the Nanticoke City Redevelopment Au thority to design, acquire land, and con struct a paiking garage, streetscaping en hancements, paving, lighting & safety im provements. & roadway redesign in Nanti and insert For the Nanticoke City Redevel opment Authority to design, acquire land, garage, parking a construct and streetseaping enhancements, paving, lightjog and safety improvements, and roadway redesign in Nanticoke. In item number 128 of such table, strike WIDENING, CURB AND GUTPER IM

PROVEMENTS AS PART OF HWY 33 REDE VELOPMENT PROJECT IN KEARNEY and inseit Widening, curb and gutter improve ments on Hwy 92 as part of Hwy 33 Redevleopment Project in Kearney. In item number 491 of such table, strike $2,000,000 and insert $3,000,000. In item number 1510 of such table, strike $18,000,000 and insert $19,000,000. In item number 1865 of such table, strike $3,000,000 and insert $3,250,000. In item number 851 of such table, strike $4,000,000 and insert $4,200,000. In item number 1947 of such table, strike $2,450,000 and insert $3,000,000. In item number 3104 of such table, strike $1,000,000 and insert $1,200,000. In item number 2833 of such table, strike $600,000 and insert $1,000,000. In item number 2964 of such table, strike $250,000 and insert $450,000. In item number 2894 of such table, strike $1,000,000 and insert $1,200,000. In item number 1136 of such table, strike $3,200,000 and insert $2,750,000. In item number 1188 of such table, strike $5,880,000 and insert $6,480,000. In item number 1768 of such table, strike $3,220,000 and insert $3,350,000. In item number 3263 of such table, strike $1,680,000 and insert $3,420,000. In item number 2807 of such table, strike $2,000,000 and insert $2,500,000. In item number 1176 of such table, strike $10,000,000 and insert $4,000,000. In item number 2916 of such table, strike $1,750,000 and insert $2,000,000. In item number 912 of such table, strike $1,000,000 and insert $1,500,000. In item number 1625 of such table, strike $600,000 and insert $800,000. In item number 2780 of such table, strike $600,000 and insert $892,000. In item number 2457 of such table, strike $100,000, and insert $108,000. In item number 811 of such table, strike $11,000,000 and insert $13,000,000. In item number 164 of such table, strike $7,000,000 and insert $17,000,000. In item number 598 of such table, strike $4,000,000 and insert $6,000,000. In item number 1493 of such table, strike $2,000,000 and insert $3,000,000. In item number 1496 of such table, strike $200,000 and insert $2,000,000. In item number 3279 of such table, strike $10,750,000 and insert $11,750,000. In item number 2796 of such table. strike Plan, Design, and Construct improvements to Virginia Beach Blvd in Virginia Beach and Norfolk and insert Preliminary Engineer, Design, and Construct improvements to Vir ginia Beach Blvd in Virginia Beach and Nor folk In item number 717 of such table, strike $7,000,000 and insert $1,500,000. In item number 875 of such table, strike $1,000,000 and insert $2,000,000. In item number 2710 of such table, strike $1,000,000 and insert $1,500,000. In item number 860 of such table, strike $7,000,000 and insert $9,000,000. In item number 1451 of such table, strike $8,000,000 and insert $10,000,000. In item number 264 of such table, strike $2,000,000 and insert $4,000,000. In item number 294 of such table, strike $1,000,000 and insert $2,000,000. In item number 1233 of such table, strike $5,750,000 and insert $3,000,000. In item number 234 of such table, strike $3,000,000 and insert $3,534,680. In item number 1821 of such table, strike $2,000,000 and insert $2,535,000. in item number 3178 of such table, strike $1,000,000 and insert $3,000,000. In item number 216 of such table, strike $4,000,000 and insert $5,000,000.
-

In item number 2246 of such table, strike $3,000,000 and insert $3,500,000. In item number 465 of such table, strike $1,500,000 and insert $2,000,000. In item number 710 of such table. insert right-of-way acquisition and before con struction and strike $5,000,000 and insert $6,000,000. In item nomber 2065 of such table, strike $1,000,000 and insert $2,000,000. In item number 3096 of such table, strike $1,250,000 and insert $3,250,000. In item number 2371 of such table, strike $3,000,000 and insert $4,000,000. In item number 1786 of such table, strike $2,930,000 and insert $3,000,000. In item number 576 of such table, strike $4,000,000 and insert $9,500,000. In item number 3238 of such table, strike $3,000,000 and insert $9,000,000. In item number 2972 of such table, strike $3,000,000 and insert $4,000,000. In item number 2103 of such table, strike $1,000,000 and inseit $2,500,000. In item number 7 of such table, strike $1,400,000 and insert $2,000,000. In item number 155 of such table, strike $400,000 and insert $500,000. In item number 1397 of such table, strike $400,000 and insert $500,000. In item number 524 of such table, strike $75,000 and insert $275,000. In item number 2256 of such table, strike $5,000,000 and insert $6,200,000. In item number 2744 of such table, strike $1,000,000 and insert $3,000,000. In item number 472 of such table, strike $8,000,000 and insert $9,000,000 In item number 1713 of such table, strike To plan, design and construct the North west CorridorWestern Blvd. Project in Jacksonville, NC and insert To plan, de sign, and construct the Northwest Corridor Western Blvd. Project in Jacksonville, NC insert and strike $1,000,000 and $2,000,000. such table, strike in item number 2789 of $6,000,000 and insert $6,800,000. In item number 2613 of such table, stiike $3,000,000 and insert $3,500,000. in item number 3181 of such table, strike $1,000,000 and insert $1,700,000, In item number 305 of such table, strike $10,000,000 and insert $14,400,000. In item number 2343 of such table, strike $10,000,000 and insert $5,600,000. In item number 1950 of such table, strike $7,000,000 and insert $8,000,000. In item number 2406 of such table, strike $7,000,000 and insert $8,000,000. In item number 963 of such table, strike $1,750,000 and insert $2,125,000. In item number 1125 of such table, strike $750,000 and insert $1,000,000. In item number 2040 of such table, strike US Rt 30 between Williams St and IL RI. 43 for signals, turn & or deceleration lanes at 80th Aye, Wolf Rd LincolnWay HS and Lo cost SI and insert For US RI 30 intersec tion signals, turn & deceleration lanes btwn Williams St & IL Rt 43 md. 80th Aye, Wolf Rd. LincoinWay HE & Locust St and strike $6,000,000 and insert $7,000,000. In item number 2397 of such table, strike $4,000,000 and insert $4,500,000. In item number 723 of such table, strike $5,500,000 and insert $7,000,000. In item number 1024 of such table, strike $6,000,000 and insert $8,000,000. In item number 1087 of such table, strike $16,000,000 and insert $2,000,000. In item number 2612 of such table, strike $4,000,000 and insert $16,000,000. In item number 2872 of such table, strike $2,000,000 and insert $3,000,000. In item number 1333 of such table, strike $3,000,000 and insert $4,000,000. In item number 3235 of such table, strike $4,000,000 and insert $10,000,000,.

H1280

CONGRESSIONAL RECORD

HOUSE

March 10, 2005

In item number 71 of such table, strike $3,000,000 and insert $5,000,000. In item number 2392 of such table, strike $1,000,000 and insert $3,000,000. In item number 2979 of such table, strike $1,000,000 and insert $3,000,000. In item number 2662 of such table, strike $1,000,000, and insert $2,000,000. In item number 500 of such table, strike $1,000,000 and insert $2,000,000. In item number 2548 of such table, strike Preconstruction studies for improvement to US 22. and insert Preconstruction studies for improvement to US 22 from Irving Street to Mickley Road.. In item number 1779 of such table, strike Construction of part of a 230 mile corridor extending from 1280 at Rock Island to 1270 south of Alton and insert Construction of part of a 230 mile corridor of US 67 near Jerseyville and Carroliton, Illinois. In item number 1893 of such table, strike Construct HSH 151 and insert Construct USH 151. In item number 1342 of such table, strike Construction of freeway between 115 and US 395 and insert Construction of new freeway between 115 and US 395, including new interchange at 115. 1470 of such table, strike item In $2,000,000 and insert $5,000,000. table, stiike item 1688 of such In $4,000,000 and insert $5,000,000,,. In item 1734 of such table, strike $500,000 and insert $1,000,000. In item 457 of such table, strike $450,000 and insert $250,000. In item 490 of such table, strike $500,000 and insert $2,500,000. In item 2196 of such table, strike $700,000 and insert $900,000. In item 2664 of such table, strike NY and insert NJ. In item 241.2 of such table, strike $3,000,000 and insert $5,000,000. In item 210 of such table, strike $3,400,000 and insert $2,400,000. table, strike In item 3233 of such $1,000,000 and insert $2,000,000. table, strike 1552 of such In item $2,000,000 and insert $3,000,000. In item 560 of such table, strike $1,500,000 and insert $1,000,000 strike of such table, 825 item In 618,496,000 and insert $34,984,000. In item 1525 of such table, strike $12,500,000 and insert $14,500,000. In item 1845 of such table, strike Walton County and insert Bay County. In item 3288 of such table, strike Walton County and insert Bay County. table, strike of such item 2044 In $1,250,000 and insert $1,500,000. In item 551 of such table, strike $1,000,000, and insert $1,250,000. In item 622 of such table, strike $1,200,000 and insert $1,550,000. In item 600 of such table, strike $1,700,000 and insert $2,200,000. In item 3058 of such table, strike $300,000 and insert $500,000. of such table, strike In item 2391 $1,400,000 and insert $3,900,000. item 1479 of such table, strike In $1,000,000 and insert $1,500,000. In item 1112 of such table, strike $2,000,000 and insert $3,000,000. In item number 1853 of such table, strike $7,000,000 and insert $7,800,000. In item number 2803 of such table, strike $12,000,000 and insert $15,000,000. In item number 1787 of such table, strike the program description and insert LA, US 190 (LA 22 to Little Bayou Castine) Wid ening and strike $800,000 and insert $1,000,000. In item number 2071 of such table, strike $3,300,000 and insert $4,300,000.

In item 1560 of such table, strike In item number 2132 of such table, strike $1,000,000, and insert $2,000,000. $3,300,000 and insert $5,800,000. In item 259 of such table, strike Design, In item number 3057 of such table, strike $15,000,000 and insert $16,000,000. engineering, ROW acquisition and construc In item number 1835 of such table, strike tion for the French Rapids Bridge, City of $3,500,000 and insert $7,000,000. Brainerd and insert Corridor study, EIS, In item number 2163 of such table, strike and ROW acquisition for a future highway $1,500,000 and insert $3,000,000. and bridge over the Mississippi River, City of In item number 1738 of such table, strike Brainerd $2,000,000 and insert $3,500,000. strike In item 2348 of such table, In item number 381 of such table, strike $5,000,000 and insert $8,000,000. $1,500,000 and insert $2,000,000. of such table, strike In item 1458 In item number 75 of such table, strike $4,000,000 and insert $5,000,000. $2,000,000 and insert $3,500,000. In item 105 of such table, strike $5,000,000 In item number 1795 of such table, strike and insert $6,000,000. table, strike $1,500,000 and insert $3,000,000. of such In item 2028 In item number 2948 of such table, strike $4,000,000 and insert $5,000,000. $500,000 and insert $1,500,000. of such table, strike In item 1474 In item number 642 of such table, strike $3,500,000 and insert $4,000,000. Greenway and insert bicycle and pedes In item 2264 of such table, strike trian path. $3,500,000 and insert $4,000,000. In item 1898 of such table, strike Improve item 2917 of such table, strike In ments to SH412P at 144 Interchange and in $7,000,000 and insert $9,000,000. table, strike In item 2189 of such sert Improvements to SH4I2P at 412 inter change. $10,000,000 and insert $22,500,000. such table, strike of such table, strike In item 1211 item 1754 of In $2,500,000 and insert $9,500,000. $4,500,000 and insert $6,000,000. In item 721 of such table, strike Sl,000,000 In item 1488 of such table, strike and insert $1,200,000. $7,500,000 and insert $8,000,000 In item 2996 of such table, strike In item 970 of such table, strike $1,400,000 $1,000,000 and insert $2,000,000. and insert $7,000,000. In item 14 of such table, strike $2,600,000 In item 3240 of such table, strike Con struct Railroad Underpass on Hwy 35 in and insert $4,850,000 In item 2827 of such table. strike $800,000 Pierre and insert Construct Railroad Un and insert $1,100,000. deipasa on Hwy 34 in Pierre. strike table, In item 2718 of such In item 819 of such table, strike $1,400,000 $1,100,000 and insert $1,300,000. and insert $1,000,000. In item 2910 of such table, strike $400,000 In item 3026 of such table, strike Regrade and resurface 131A Route #5 south of Dupree and insert $600,000. In item 2671 of such table, strike on the Cheyenne River Reservation and in sert Pave and curb Cheyenne River Tribe $6,000,000 and insert $8,250,000. In item 586 of such table, strike $4,000,000 Route 900, Chinatown in Eagle Butte. item 2080 of such table, strike and insert $6,000,000. In In item 942 of such table, strike $500,000 $5,000,000 and insert $7,000,000. In item 2749 of such table, strike and insert $1,250,000. strike of such table, In item 2667 $5,000,000 and insert $7,000,000. item 1081 of such table, strike $6,300,000 and insert $7,000,000. In In item 250 of such table, strike $5,000,000 $5,000,000 and insert $8,000,000. In item 278 of such table, strike $5,000,000 and insert $7,000,000. strike of such table, In item 1115 and insert $7,000,000. item 1085 of such table, strike $1,000,000 and insert $1,300,000. In In item 63 of such table, strike $4,500,000 $3,000,000 and insert $4,000,000. In item 3013 of such table, strike Install and insert $7,500,000. In item 2446 of such table, strike countdown devices on pedestrian crossing signals on US Routes 12/20 and 50 in Oak $5,000,000 and insert $5,500,000. In item 447 of such table, strike $9,000,000 Streets, Improve insert and Lawn and insert $10,250,000. Merrionette Park. In item 2671 of such table, strike In item 1128 of such table, strike $6,000,000 and insert $5,750,000. $4,000,000 and insert $10,000,000. strike table, of such In item 3300 item 1405 of such table, strike In $1,250,000 and insert $1,268,245. $15,680,000 and insert $17,180,000. In item 744 of such table, strike $3,500,000 In item 889 of such table, strike $7,500,000 and insert $5,350,000. and insert $15,000,000. In item 672 of such table, strike $3,000,000 In item 450 of such table, strike $2,500,000 and insert $5,000,000. and insert $3,500,000. In item 713 of such table, strike $8,000,000 item 2819 of such table, strike In and insert $10,000,000. $3,000,000 and insert $4,000,000. In item 820 of such table. strike $6,000,000 item 2194 of such table, strike In and insert $8,000,000. 63,000,000 and insert $4,000,000. strike of such table, 1241 In item In item 688 of such table, strike $3,000,000 $6,000,000 and insert $8,000,000. and insert $5,000,000. In item 2601 of such table, strike In item 2198 of such table. strike $4,750,000 and insert $8,000,000. $4,000,000 and insert $6,000,000. In item 1541 of such table, strike $500,000 In item 2835 of such table, strike $500,000 and insert $900,000. and insert $1,500,000. In item 555 of such table, strike $2,945,000 In item 266 of such table, strike $1,000,000 and insert $3,850,000. and insert $1,000,000. strike In item 3163 of such table, In item 701 of such table, strike $1,000,000 $1,750,000 and insert $2,000,000. and insert $2,000,000. In item 144 of such table, strike $850,000 table, strike item 1296 of such In and insert $1,000,000. $2,000,000 and insert $3,000,000. strike item 3162 of such table, In In item 427 of such table, strike $3,000,000 $1,400,000 and insert $1,410,000. and insert $4,000,000. In item 11 of such table. strike $1,500,000 item 1993 of such table, strike In and insert $2,000,000. $5,500,000 and insert $10,000,000. In item 321 of such table, strike $2,000,000 In item 862 of such table, strike $2,000,000 and insert $2,068,755. and insert $4,500,000. In item 2658 of such table, strike table, strike In item 3027 of such $1,600,000 and insert $1,616,000. $13,000,000 and insert $15,000,000.
-

March 10, 2005

CONGRESSIONAL RECORD

HOUSE

H1281

In item 162 of such table, strike $6,500,000 and insert $6,937,000. In item 2076 of soch table, strike con struct 135 and Lone Elm Road interchange and widen 135 from 51st St. to 59th St., Olathe and insert Construct 135 and Lone Elm Road interchange and widen 1-35 from 151st St. to 159th St., Olathe. In item number 2465 of such table, strike $3,000,000 and insert $200,000,000. In item number 406 of such table, strike $3,000,000 and insert $125,000,000. In item number 1938 of such table, strike $2,300,000 and insert $7,000,000. In item number 1760 of such table, insert or IFA vessel debt repayment for MV Prince of Wales Ferry after ferry ter minal. In item number 1847 of such table, strike Construct access road connection from Seward Highway to rail and airport facilities in Seward and insert Ferry infrastructure at Seward Marine Center. In item 2945 of such table, strike $900,000 and insert $7,020,744. In item 2892 of such table, strike Recon struct CSAH 17 between Itasca CR 341 and the Scenic State Park entrance to improve safety and structural integrity and insert Reconstruct CSAH 7 between Itasca CR 341 and the Scenic State Park entrance to im prove safety and structural integrity. In item 316 of such table, strike $500,000 and insert $1,000,000. In item 768 of such table, strike $4,800,000 and insert $5,000,000. In item 2415 of such table, strike $1,600,000 and insert $2,000,000. In item 797 of such table, strike $1,300,000 and insert $1,400,000. In item 404 of such table, strike $2,488,300 and insert $3,000,000. In item 892 of such table, strike $500,000 and insert $750,000. In item 2754 of such table, strike $2,800,000 and insert $3,000,000. table, strike item 2603 of such In $1,000,000 and insert $2,000,000. of such table, strike In item 1555 $7,000,000 and insert $8,000,000: table, strike item 2853 of such In $2,000,000 and insert $2,500,000. In item 3298 of such table, strike $4,000,000 and insert $5,000,000. In item 1088 of such table, strike $7,500,000 and insert $9,000,000. Tn item 705 of such table, strike $6,500,000 and insert $10,900,000. strike table, In item 2837 of such $4,500,000 and insert $5,000,000. In item 848 of such table, strike $4,500,000 and insert $5,000,000. In item 834 of such table, strike $500,000 and insert $1,000,000. In item 396 of such table, strike $500,000 and insert $1,000,000. of such table, strike item 1204 In $1,000,000 and insert $3,600,000. item 1812 of such table, strike In $21,000,000 and $21,850,000. table, strike of such item 733 In $15,000,000 and insert $20,000,000. of such table, strike In item 3220 $2,000,000 and insert $4,000,000. In item 430 of such table, strike $1,750,000 and insert $2,000,000. In item 592 of such table, strike $3,000,000 and insert $3,900,000. In item 2369 of such table, strike $1,000,000 and insert $2,000,000. table, strike of such In item 3174 $10,000,000 and insert $10,700,000. table, strike of such item 1551 In $5,000,000 and insert $8,500,000. In item 1032 of such table, strike $1,000,000 and insert $4,000,000. In item 930 of such table, strike $500,000 and insert $2,500,000.

strike of such table, item 910 In $16,500,000 and insert $20,000,000. In item 1946 of such table, strike Con struct Pedestrian Mall and Streetscape Im provements, Wilmore and insert Construct Pedestrian Mall and Streetscape Improve ments on Lexington, College, Walnut and Gilespie Sts, Wilmore. In item 2451 of such table, strike 3,000,000 and insert $4,400,000. In item 1571 of such table, strike $5,500,000 and insert $8,500,000. In item 1226 of such table, strike $500,000 and insert $1,400,000. In item 2091 of such table, strike $1,700,000 and insert $2,500,000. In item 1453 of such table, strike $2,100,000 and insert $3,000,000. In item 1454 of such table, strike $1,000,000 and insert $1,900,000. In item 468 of such table, strike $3,200,000 and insert $5,000,000. strike In item 2374 of such table, $2,000,000 and insert $3,800,000. strike of such table, In item 1289 $5,000,000 and insert $6,800,000. In item 1864 of such table, strike $550,000 and insert $2,100,000. In item 231 of such table, strike $500,000 and insert $1,500,000. 1718 of such table, strike In item $10,000,000 and insert $15,000,000. In item 1185 of such table, strike $2,250,000 and insert $4,000,000. In item 1293 of such table, strike $2,750,000 and insert $3,500,000. In item 822 of such table, strike $500,000 and insert $1,250,000. In item 1444 of such table, strike $20,000,000 and insert $25,000,000. strike table, of such 406 item In $2,100,000 and insert $5,500,000. such table, strike In item 2700 of $1,400,000 and insert $2,400,000. In item 359 of such table, strike $8,000,000 and insert $10,000,000. strike In item 1793 of such table, $10,650,000 and insert $13,900,000. In item 1943 of such table, strike $7,000,000 and insert $8,000,000. In item 2017, of such table, strike $2,500,000 and insert $8,000,000. In item 254 of such table, strike $2,000,000 and insert $2,500,000. In item 2685 of such table, strike $10,000,000 and insert $15,000,000. In item 2442 of such table, strike $10,000,000 and insert $15,000,000. In item 2443 of such table, strike $700,000 and insert $800,000. In item 878 of such table, strike $2,500,000 and insert $4,000,000. strike In item 3004 of such table, $2,500,000 and insert $4,000,000. In item 1503 of such table, strike Con struct railroad overpass spanning three mile section of SR5O1 from MP 0 and MP 3 and insert Improve NE 10th Avenue in Van couver. In item 1423 of such table, strike $10,000,000 and insert $12,054,000. In item 2756 of such table, strike $1,000,000 and insert $2,000,000. In item 744 of such table, strike $2,500,000 and insert $4,500,000. In item 1212 of such table, strike $1,354,000 and insert $2,000,000. In item 2095 of such table, strike Improve Willapa Hills bicycle and pedestrian trail be tween Rainbow Falls State Park and Adna and insert Improve Willapa Hills bicycle and pedestrian trail between Chehalis and Pacific County and strike $200,000 and in sert $700,000. In such table, strike item 922. In item 2152 of such table, strike $500,000 and insert $600,000. In item 2969 of such table, strike $200,000 and insert $250,000.

strike In item 2110 of such table, $4,300,000 and insert $5,000,000. strike In item 1103 of such table, $11,350,000 and insert $12,000,000. In item 249 of such table, strike $1,000,000 and insert $3,000,000. strike table, In item 2925 of such $2,000,000 and insert $4,000,000. In item 901 of such table, strike $2,000,000 and insert $4,000,000. In item 1970 of such table, strike $3,300,000 and insert $4,000,000. table, strike In item 2359 of such $1,000,000 and insert $1,500,000: In item 053 of such table, strike $3,000,000 and insert $3,500,000. table, strike In item 1871 of such $5,000,000 and insert $7,000,000. strike table, item 429 of such In $10,000,000 and insert $11,000,000,,. table, strike In item 3244 of such $5,000,000 and insert $7,000,000. In item 2606 of such table, strike $6,000,000 and insert $10,000,000. strike table, In item 1214 of such $5,200,000 and insert $6,200,000. table, strike item 2794 of such In $9,000,000,, and insert $10,000,000. table, strike In item 2478 of such $4,500,000 and insert $5,700,000. table, strike In item 2462 of such $1,000,000 and insert $1,500,000. In item 1198 of such table, strike Highway Improvements in Liberty Corridor and in sert Transportation Improvements in Lib erty Corridor. In item 759 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of PS 114 and insert Install Im provements for Pedestrian Safety including in the vicinity of PS Q114. In item 552 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of PS 200 and insert Install Im provements for Pedestrian Safety including in the vicinity of PS Q200. In item 1302 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of PS 124 and insert Install Im provements for Pedestrian Safety including in the vicinity of PS K124. In item 203 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of PS 277 and insert Install mi provements for Pedestrian Safety including in the vicinity of PS K277. In item 2553 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of PS 01 and insert Install Im provements for Pedestrian Safety including in the vicinity of PS XII. In item 1897 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of IS 194 and insert Install Im provements for Pedestrian Safety including in the vicinity of IS X194. In item 1071 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of IS 72JPS 69 and insert Install Improvements for Pedestrian Safety includ ing in the vicinity of IS R72IPS R69. In item 879 of such table, strike Install Improvements for Pedestrian Safety in the vicinity of PS 153 and insert Install Im provements for Pedestrian Safety including in the vicinity of PS Q153. In item 1507 of such table, strike $50,000 and insert $550,000. In item 2181 of such table, strike Queens and Brooklyn County Graffiti Elimination Program including Kings Highway fiom Ocean Parkway to McDonald Avenue and insert Queens, Bronx, and Kings, and Rich mond County Graffiti Elimination Program including Kings Highway from Ocean Park way to McDonald Avenue and strike $4,000,000 and insert $6,250,000. In item 2092 of such table, strike $300,000 and insert $1,300,000.

H1282

CONGRESSIONAL RECORD

HOUSE

March .70, 2005

In item 221 of such table, strike $1,000,000 and insert $2,000,000. In item 2120 of such table, strike $2,000,000 and insert $3,000,000. In item 2502 of such table, strike $8,000,000 and insert $10,000,000, In item 2960 of such table, strike $2,500,000 and insert $5,000,000. In item 756 of such table, strike $2,000,000 and insert $2,700,000. In item 431 of such table, strike $2,000,000 and insert $2,300,000. In item 2012 of such table, strike $750,000 and insert $1,000,000. In item 1147 of such table, strike $900,000 and insert $1,000,000. of such table, strike In item 2134 $11,150,000 and insert $12,000,000. 2625 of such table, strike In item $2,850,000 and insert $4,000,000. In item 3154 of such table, strike $4,800,000 and insert $6,000,000. In item 1495 of such table, strike $2,000,000 and insert $3,000,000. of such table, strike 1978 In item $1,750,000 and insert $3,000,000. In item 2326 of such table, strike $2,850,000 and insert $5,000,000. of such table, strike In item 3087 $4,750,000 and insert $5,000,000. In item 2458 of such table, strike $5,700,000 and insert $6,000,000,. of such table, strike In item 1859 $3,700,000 and insert $5,700,000. In item 1820 of such table, strike $3,700,000 and insert $4,700,000. of such table, strike In item 2530 $1,000,000 and insert $2,000,000. In item 563 of such table, strike Improve ment of intersection at Aviation Blvd. and Rosecrans Ave. to reduce congestion and in sert Improvement of intersection at Avia tion Blvd. and Rosecrans Ave. to reduce con gestion, City of Hawthorne. In item 2024 of such table, strike Realign ment of La Brea Avenue to reduce conges tion and insert Realignment of La Brea Avenue to reduce congestion, City of Inglewood. In item 2900 of such table, strike Improve ment of intersection at Inglewood Ave and Marine Ave to reduce congestion and insert Improvement of intersection at Inglewood Ave and Marine Ave to reduce congestion, City of Lawodale. strike In item 1892 of such table, $3,000,000 and insert $4,000,000. In item 2040 of such table, strike the project description and insert For US Rt. 30 intersection signals, tern and declaration lanes between Williams St. and IL Rt 43 md. 80th Ave., Wolf Rd, Lincoln Way HS and Lo cust SI, and also strike $6,000,000 and in sert $7,000,000. In item 2410 of such table, strike $1,000,000 and insert $1,500,000. In item 2789 of such table, strike $3,000,000 and insert $3,500,000. In item 110 of such table, strike Intersec tion improvements at Highland and Bishop Roads in the City of Highland Heights, OH and insert Construct Highland Road pedes trian path and intersection improvements at Highland and Bishop Roads in the City of Highland Heights, OH. strike In item 2893 of such table, $5,000,000 and insert $6,500,000. table, strike In item 3247 of such $5,000,000 and insert $8,000,000. In item 405 of such table, strike $3,000,000 and insert $6,500,000. In item 1026 of such table, strike $64000000 and insert $7,150,000. In item 1034 of such table, strike 076 and insert 178. strike In item 1099 of such table, $6,400,000 and insert $7,150,000. of such table, strike In item 1149 $12,300,000 and insert $14,300,000.

table, strike In item 1156 of such $5,000,000 and insert $6,000,000. In item 1246 of such table, strike $400,000 and insert $500,000. In item 1320 of such table, strike $500,000 and insert $650,000. In item 1332 of such table, strike 010 and insert 149. strike In item 1348 of such table, $2,000,000 and insert $5,000,000. In item 1385 of such table, strike $2,000,000 and insert $3,000,000. table, strike In item 1478 of such $5,600,000 and insert $15,550,000. strike table, In item 1508 of such $3,000,000 and insert $4,000,000. strike table, of such 1548 In item $2,000,000 and insert $2,700,000. In item 181 of such table, strike $7,700,000 and insert $8,700,000. table, strike In item 1832 of such $3,750,000 and insert $4,250,000. In item 194 of such table, strike $375,000 and insert $425,000. strike of such table, In item 2004 $2,000,000 and insert $3,000,000. strike In item 2038 of such table, $6,000,000 and insert $7,000,000. strike table, of such 207 In item $15,000,000 and insert $17,000,000. In item 2126 of such table, strike $400,000 and insert $500,000. In item 2139 of such table, strike $2,350,000 and insert $3,850,000. table, strike In item 2211 of such $4,480,000 and insert $6,480,000. In item 2231 of such table, strike Teir and insert Tier. In item 2303 of such table, strike Rebuild Yakima Highway within city limits of Sun nyside, WA and insert Cultural & Interpre tive Center (Hanford Reach National Monu ment) facility, Richland, WA. strike In item 2425 of such table, $5,000,000 and insert $2,000,000. strike In item 2580 of such table, $1,400,000 and insert $1,500,000. strike 2627 of such table, In item $14,000,000 and insert $16,000,000. strike In item 2656 of such table, $9,000,000 and insert $9,750,000. In item 2795 of such table, strike Con struct 166 east of Somerset, Kentucky in Pulaski County to 175 at London, Ken tucky and insert Construct Northern By pass of Somerset, liY and 166 from the Cum berland Parkway west of Somerset, RY to I 75 south of London, KY and strike $7,000,000 and insert $35,000,000. strike In item 2984 of such table, $3,120,000 and insert $1,800,000. strike table, In item 2997 of such $5,000,000 and insert $6,000,000. In item 3001 of such table, strike $725,000 and insert $750,000. strike In item 3007 of such table, $3,000,000 and insert $4,000,000. In item 3034 of such table, strike $1,500,000 and insert $2,800,000. strike In item 3040 of such table, $8,000,000 and insert $18,000,000. strike table, In item 3071 of such $4,000,000 and insert $5,000,000. strike In item 3141 of eoch table, $4,200,000 and insert $3,500,000. In item 3166 of such table, strike from mile post 117.5 to milepost 118.5. In item 317 of such table, strike $1,210,000 and insert $3,210,000. strike In item 3208 of such table, $5,000,000 and insert $6,000,000. strike table, In item 3228 of such $5,600,000 and insert $13,900,000. of such table, strike $400,000 In item 3236 and insert $100,000. strike In item 3270 of such table, $14,000,000 and insert $35,000,000. In item 351 of such table, strike $6,000,000 and insert $8,000,000.

In item 470 of such table, strike NY, Rehabilitation of Bay Ridge 86th Street Subway Station, Brooklyn, NY, and strike $2,000,000 and insert SC, Widen 8 miles of S83 (Hardacrabble Road) from intersec tion with SC Route 555 (Farrow Road) to and Road), (Langford Road 5-54 $2,000,000. In item 571 of such table, strike $475,000 and insert $500,000. In item 621 of such table, strike $4,000,000 and insert $5,000,000. In item 712 of such table, strike KY, Construct North Somerset Bypass in Pu laski County from Nuno Parkway to KY8O, and strike $7,000,000 and insert CA, The Alameda Corridor SR 47 Port Access Es pressway design funding, and $5,000,000. In item 747 of such table, strike $5,000,000 and insert $5,000,000. In item 789 of such table, strike $2,000,000 and insert $4,000,000 and strike Reroute State Hwy 11 near Burlington, WI (Kenosha County, WI) and insert Reroute State Hwy 11 near Burlington, WI (Walworth and Racine Counties, WI). table, strike of such In item 982 $14,000,000 and insert $16,000,000. Strike all the text of item 1138 of such table and insert NC, Eliminate highwayrailway crossings in the city of Fayetteville, NC, and $1,000,000. Strike all the text of item 3138 and insert KS, Elimination of highway-railway crossings at the city of Pittsburg Port Au thority to increase safety and reduce conges tion, and $5,730,000. Strike the contents of item number 2733 and insert FL, Construct reliever road to SR AlA in the City of tleerfield Beach be ginning at A1AfHillsboro Blvd. and ending at AIA/N.E. 2nd Street and $1,000,000 in the respective columns. Strike the contents of item number 1487 and insert FL, Widen State Road 80, Hendry County, and $1,000,000, in the re spective colemna. Strike the contents of item 1217 and insert IL, Transportation Enhancement and road improvements necessary for Downtown Plaza improvements in Jacksonville, IL, and $952,572 in the respective columns. Strike the contents of item 470 and insert GA, The Carrolltun Greenbelt Project, City of Carrollton, Georgia, and $350,000 in the respective columns. item 2155 of such table, strike In $14,000,000 and insert $44,250,000. In item 1810 of such table, strike $1,000,000 and insert $7,120,745. In item 1969 of such table, strike $1,000,000 and insert $1,500,000. In item 2181 of such table, strike $4,000,000 and insert $6,250,000. In item number 3202 of such table, strike $5,000,000 and insert $7,000,000. In item number 978 of such table, strike $1,800,000 and insert $2,500,000. In item number 1248 of nch table, strike $600,000 and insert $2,000,000. In item number 2066 of such table, strike $1,500,000 and insert $3,400,000. In item number 2799 of such table, strike $1,500,000 and insert $2,000,000. In item number 2244 of such table, strike $2,000,000 and insert $4,000,000. In item number 685 of such table, strike $1,500,000 and insert $3,000,000. In item number 370 of such table, strike demolishing existing elevated road over park. In item 2174 of such table, strike the first comma and insert a comma after Chester. In item 2019 of ssch table, strike the project description and dollar amount and insert Traffic mitigation on Bridge Street and Maple Avenue, Florida, NY and $150,000, respectively.

Marc/i 10, 2005

CONGRESSIONAL RECORD

HOUSE

H1283

In item 1278 of such table, strike the project description and dollar amount and insert Land acquisition and improvements on Louisa Street, Peekskitl, NY, $925,000, respectively. In item 1870 of such table, strike the project description and dotlar amount and insert Improvements and epgrades on Main Street, Beskman, NY, and $200,000, re spectively. In item 2652 of such table, strike Improve SR1023 from US 70 Besiness to US 301 in Smithfield and insert Improve SR 1923 from US 70 Business to US 301 Smithfield.

J.n item 1311 of such table, strike con struct Farmington canal Greenway enhance ments, New Haven and Hamden and insert constrnct Farmington canal creenway, city of New Haven and Hamden. In item 1672 of such table, strike Recon struct Waterfront Street corridor, New Haven and insert Reconstruct Waterfront Street corridor, city of New Haven. In item 1570 of such table, strike con struct bike/pedestrian path, Shelton and in Housatonic Riverwalk, construct sert Shelton. High Priority Projects

In item 2135 of such table, strike $3,000,000 and insert $2,000,000. In item 1250 of such table, strike $3,000,000 and insert $1,500,000. In item 3314 of such table, strike $3,000,000 and insert $37,000,000. In item 2158 of such table, strike $8,000,000 and insert $5,000,000. In item 864 of such table, strike Improve ments for intersections heavily traveled through which include Beaverton Hillsdale Hwy Scholls Ferry and Oleson, Beaverton and insert 15/99W connector At the end of such table, add the following:

No. 3316 3317 3318 3319 3320 3321 3322 TX AK VA OR IN CA SD

State

Project Description Reconstruct Union Pacific Railroad bridge over wid ened Business US 287 Anchorage Traffic congestion Relief Expansion of Battlefield Parkway from Hast Market Street at Route 7 to Sycolin Road, S.E. construction of the 184, US 395 Stanfield Inter change Improvement Project Design and reconstruct residential streets in the city of Muncie, Indiana Improvement of Main Street Shenandoah Road/SR 49 Intersection, Plymouth Besign and construct new Meridian Bridge across the Missouri River south of Yankton, South Da kota. Earthwork and roadway construction Gravina Ac cess Project Improvement and construction of SR 40 from east of St. Marys cutoff at rode post 5.0, charlton county to county Route 61, camden county, Georgia Route 22 Sustainable corridor Plan Hood River, OR, Frontage Road crossing Project construct and Improve Westside Parkway, Northern Section, in Fulton county Planning design and construction of East coast Highway/Route 36, Saipan Widen SR 133 from Spence Field to SR 35 in colquitt county, Georgia West Palm Beach, Florida, Flagler Drive Reconfig uration Implement Snake Road (BIA Route 1281) Widening and Improvements Reconstruction of Portland Ave. from Rochester city line to Titus Ave in Irondequoit, NY Alleviate congestion at Atlantic corridor Greenway Network, city of Miami Beach, FL Development of the Paseo del Volcan corridor equal ly split between Sandoval county from Iris Road to US Highway 550 and the 1-40 Paseo del Vulcan Interchange SR 704 cross-Base Highway, Spanaway Loop Road to SR 7 Restoration of Victoria Avenue in the city of River side, CA 1-494 Lane Addition Uptown Jogging, Bicycle. Trolley Trail, columbus Georgia Study and construct highway alternatives between Orange and Riverside counties, directed by RCTC, working with local transp. authorities, and guided by the current MIS Rehabilitation or replacement of highway-rail grade separations along the West Central Ohio Port An thority route in Champaign and Clark Counties Improvements to 175 in the City of Pembroke Pines, Florida Construction of new interchange Causeway at Earhart-LA 3139 Construction of infrastructure for inter-parcel ac cess, median upgrades, lighting, and beautification along Highway 78 corridor Design, Right-of-Way and Construction of the 1-196 Chicago Drive (Baldwin Street) Interchange Modificaiton, Michigan 1-66 and Route 29 Gainesville Interchange Project SR 688 Ulmerton Road Widening (Lake Seminole By pass Canal to El Centro Ranchero) Navajoe Gateway Improvements Project, U.S. 62 in Altos, OK
-

Amount $1,000,000 $10,000,000 $2,000,000 $2,000,000 $930,000 $1,000,000 $4,000,000

3323 3324

AK GA

$48,000,000 $1,000,000

3325 3326 3327 3328 3329 3330 3331 3332 3333 3334

NJ OR GA CNMI GA FL FL NY FL NM

$3,750,000 $500,000 $2,000,000 $t2,000,000 $1,000,000 $1,000,000 $1,000,000 $3,000,000 $500,000 $2,000,000

3335 3336 3337 3338 3339

WA CA MN GA CA

$5,000,000 $500,000 $2,000,000 $500,000 $15,750,000

3340

OH

$300,000

3341 3342 3343

FL LA GA

$2,250,000 $1,800,000 $500,000

3344

MI

$3,000,000

3345 3346 3347

VA FL OK

$7,000,000 $10,000,000 $1,000,000

H1284
No. 3348 3349 NV TN

CONGRESSIONAL RECORD
State

HOUSE

March 10, 2005

Amount $1,000,000 $200,000

High Priority ProjectsContinued Project Description Construction of Carson City Freeway Upgrade lights and gates aod mutiun sensor control ling circuitry at the highway rail grade crussing lucated on Wenasoga R0adJFAS 8224, Middleton, TN Construct connector road from north end of RHL Boulevard to State Roots 601 (Jefferson Road) Construct Sieua College campus perimeter road, Loodonville, NY Construct additional lanes on SR 77 from Soothside, Alabama to Green Valley Road Environmental mitigation related to the SH 195 project and related improvements in Williamson County that had adverse effects on the Karst cave system The City of Calera, AlabamaNorthern Bypass Seg ment (U.S. Highway 31 to Alabama State Highway 25) Construct a single point urban interchange (SPUf) under IS at South 272nd St Reconstruct bridges at County Roads 200E and SlOE in LaPorte County, luthana Widen and Reconstruct Walton Blvd in Auburn Hills from Opdyke to Squirrel Rd Commission a study and report regarding the con struction and designation of a new Interstate link ing Savannah, Augusta, & Knoxville Construct pedestrian and bicycle amenities on Seawall Blvd Galveston, Tx Pedestrian Beach Trail in San Clemente, CA CS 90Construct 6 mainlaues from east of Mercury to east of Wallisville Construct highway safety and capacity improve ments to improve the access to the KidsPeace Broadway Campus CA 400 and McGinnis Ferry Road Interchange, Forsyth County, GA Constroction of bypass around town of Hiram, from SR 92 to US 278, Paulding County, Georgia Construct US 411 Connector from US 41 to 175, Bartow County, Georgia Construct access road connecting Port of Beaoruont property on east bank of Neches River to 110 ac cess road east of the Neches River CS 220/MD 53 North-South Corridor Acqoire Right-of-Way for Lodlam Trail, Miami, Florida Construct Northern State Parkway and LIE access at Marcus Ave. and Lakeville Rd. and associated Park and Ride. Constroct interim CS 422 improvements at Valley Forge river crossing Design and construction of Renaissance Square in Rochester, NY Alabama Hwy 36 Extension and WideningPhase II Nurthfiuld site roadway extension from Rte 60 to In dustrial Park near the Pittsburgh International Airport Plan and construct pedestrian trail along the Chio and Erie Canal Towpath Trail in downtown Akron, CE Reconstruct 1-30 Trinity River BridgeDallas, TX Reconstruct 130 Trinity River BridgeDallas, TX Construction of interchange on 1985 north of SR13, Hall County Georgia Construction of circulation roadway at Galveston croise ship terminal Temple Terrace Highway Modification Burma Rd: Extension from 1-90 to Lakeway Rd Construct Western Blvd. extension from Northern Blvd to S.H. Rt. 9, Ocean County, NJ Powerline Rearvisiun motor carrier hackuver motor carrier safety research Environmental mitigation at Sybiak Farm in Lou donderry to offset effects of 193 improvements East Grand River Improvements, Brighton Town ship, Michigan Replace Brent Speoce Bridge, Kenton County, Xen tocky Construction of projects that relieve congestion in aud around the Texas Medical Center complex Hazel Avenue ITS Improvements, Folsom Blvd. to Placer County

3350 3351 3352 3353

WV NY AL TX

$750,000 $1,000,000 $1,700,000 $2,000,000

3354

AL

$6,800,000

3355 3356 3357 3358

WA IN MI GA

$1,350,000 $500,000 $7,400,000 $300,000

3359 3360 3361 3362

TX CA TX PA

$3,000,000 $1,000,000 $2,000,000 $900,000

3363 3364 3365 3366

GA GA GA TX

$900,000 $500,000 $1,000,000 $1,320,000

3367 3368 3369

MD FL NY

$1,000,000 $250,000 $1,700,000

3370 3371 3372 3373

PA NY AL PA

$1,000,000 $2,000,000 $300,000 $500,000

3374

OH

$950,000

3375 3376 3377 3378 3379 3380 3381 3382 3383 3384 3385 3386 3387

TX TX GA TX FL WY NJ FL NH MI KY TX CA

$34,000,000 $1,000,000 $1,000,000 $1,500,000 $1,000,000 $2,000,000 $4,000,000 $100,000 $1,500,000 $2,000,000 $2,000,000 $12,000,000 $500,000

March 10, 2005

No. 3388 3389 3190 3391 3392 3393 3394 3395 3396 3397 FL NH VA PA OK GA OH NE FL VA

CONGRESSIONAL RECORDHOUSE
High Priority ProjectsContinued State Project Description SR 688 Ulmertun Road widening (west of 38th street to west of 1275) Environmental mitigation at crystal Lake in Man chester to offset effects of 193 improvements Widening 1-95 between rte 123 and Fairfax county Parkway Armstrong county, PA Slatelick Interchange for PA 28 at SR 3017 Reconstruct the 144-Ft. Still Key Gate Interchange Greene county, Georgia conversion of 120 and carey Station Road overpass to full interchange Upgrade overpass and interchange at US 24 and SR 66 in the city of Defiance Interstate 80 Interchange at Pflug Road, Sarpy county, Nebraska cundoct planning and engineering for 5R70 widening in Hardee, DeSuto and Okeechubee counties cathodic Bridge Protection for Veterans Memorial Bridge and the Berkely Bridge in the common wealth of Virginia Reconstruct Mcclung Road from State Road 39 to Park Street in LaPorte, Indiana Riversouth Street Network Improvements in Golum bus National Infantry Meseem Transportation Network, Georgia Wideband multimedia mobile emergency commu nications pilot project Wasilla, Alaska Widen road and improve interchanges of 181 from south of 170 to north of Halfway Boulevard Expansion of US 385 4 lane divide sooth of crane to Mccarney Old Mill Road Extension commission a study & report regarding construction & desgnation of a new Interstate linking Augusta, Macon, columbus, Montgomery, & Natchez Improvements on US 36 corridor from 125 to Boul der. Improvements include interchange and over pass reconstruction Design and constrect bridge and roadway approaches across Tonto creek at Sheeps crossing sooth of Payson, AZ Missouri River Bridges between US 34, 129 in Iowa and US 75 in Nebraska fteconstruct.Orangeport Road from NYS Rte 31 to Slayton Settlement RoadNiagara county, NY construct sound-walls between 1-65 and Harding Place in Davidson county Reconstruct and Realign SH55 in Idaho between Islileposts 94 and 102 Pinellas countywide Intelligent Transportation Sys temphase 2 Realignment of US 287 around Boise city, OK Replace Heckscher Brive (SR 105) Bridge across Broward River FM 156 Road Relocation at Alliance Airport, Texas Upgrade Gaesar chavez Boulevard from San Antonio Street to Brasos Street coral Way, SR 972 Highway Beautification, Phase One, Miami, Florida cascade Locks Marine Park Underpass to address necessary improvements Reconstruction of East Genesee Street connective corridor to Syracose University in Syracuse, NY For cook county to reconstruct and widen 127th Street between Smith Road and State Street in Lemont Widen 165 from SR840 to SR96, including inter change modification at Goose creek Bypass, Williamson Gounty Auburn Boulevard Improvements, city of citrus Heights Bossier Parish congestion Relief Fund the 8.28 miles of the El camioo East-West cor ridor along LA 6 from LA 485 near Robsline, LA to 149 Bryan Oairy Road improvements from Starkey Road to 72nd Street Bockhsad community Improvements to rehabilitate State Roadl4l, including lane straightening, addi tion of median, installation of left turn hays at two intersections, addition of bicycle lanes, side walks, clear zones and landscape buffers

H1285
Amount $10,000,000 $1,900,000 $1,000,000 $2,400,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $500,000 $700,000

3398 3399 3400 3401 3402 3403 3404 3405

IN OH GA AK MD TK VA GA

$750,000 $3,000,000 $3,750,000 $5,000,000 $1,000,000 $2,000,000 $1,000,000 $300,000

3406

GO

$2,000,000

2407

AZ

$3,000,000

3408 3409 3410 34t1 3412 3413 3414 3415 3416 3437 3418 1419 3420

NE NY TN ID FL OK FL TX TX FL OR NY IL

$2,500,000 $850,000 $830,000 $2,000,000 $10,000,000 $1,000,000 $2,000,000 $1,000,000 $3,000,000 $500,000 $500,000 $3,500,000 $450,000

3421

TN

$970,000

3422 3423 3424

GA LA LA

$500,000 $3,000,000 $2,000,000

3425 3426

FL GA

$4,000,000 $1,000,000

111286
No. 3427 3428 VA

CONGRESSIONAL RECORDHOUSE
High Priority ProjectsContinued State Project Description

March 10, 2005

Amount $800,000 $2,000,000

3429 3430 3431

3432 3433 3434 3435

3436 3437 3438

3439 3440 3441

3442 3443 3444 3445 3446

3447 3448 3449 3450 3451 3452 3453 3454 3455 3456 3457

3458 3459

3460 3461 3462 3463

3464

Purchase specialized tunnel fire safety equipment, Hampton Roads Holmes Road ReconstructionFrom Prospect Road MI to Michigan Avenue, Charter Township of Ypsi lanti Construct a system of greenways in NashvilleDa TN vidson County Improve pedestrian and traffic safety in Holladay UT Construction of road improvements from Richmond OH College, Community Cuyahoga to Road Warrensville Heights Construct road with access to memorial Shoreway, OH Cleveland North Cameron County East-West Railroad Reloca TX tion Project Construct Pathway From Multimodal Transit Sta OR tion to Swanson Park, Albany Transportation Initiative to provide for a parking NY facility, in the vicinity of the Manhattan College Community Phase II Corning Preserve Transportation Enhance NY ment Project Study of Goods movement through 1278 in New NY York City and New Jersey Study and Implement Traffic Improvements to the NY area surrounding the Stiliwell Avenue train sta tion Expand Diesel Emission Reduction Program of Gate CA way Cities COG Construct pedestrian walkway on Houston Texas TX Main Street Corridor Sacramento County, CaliforniaWatt Avenue MultiCA modal Mobility Improvements, Kiefer Boulevard to Fair Oaks Boulevard. Passaic RiverNewark Day Restoration and Pollu NJ tion Abatement Project, Route 21 Downtown West Orange streetscape and traffic im NJ provetnent program. High-Speed EZ pass at the New Rochelle Toll Plaza, NY New Rochelle Access to Regional Multi-Modal CenterFM 1016 TX and SH 115 For acquisition and construction of an alternate AR transportation (pedestrian/bicycle) trail from East Little Rock to Pinnacle Mountain State Park Construct 4th Street overpass grade separation MN crossing a BNSF Rail Road, City of Carlton North Rail Relocation Project, Harlingen TX Construct Pfeifer Road, remove 10 foot raised cross MN ing, Twin Lakes Township Safety improvements and to widen Hardy Street at MS the intersection of US 49 in Hattiesburg Reconstruction of U.S. Route 20 and Ohio Route 113 OH (Center Ridge Road), Rocky River Safety improvements to TH 169 between Virginia MN and Winton Construct access road and roadway improvements to VA Chessie development site. Acquisition of rail corridors for use as bicycle and NC pedestrian trails, Durham TH 61 Reconstruction from 2.7 miles to 6.2 miles MN north of Tofte Phase IL/part 1ICSAH 15 to East of Scenic Highway MN 7 (1.2 miles) Reconstruction with some rehabilitation of roadway MN with storm water sewer system construction from eastern boundary of the Bois Forte Indian Res ervation and ending at T intersection of road way (3.5 miles) Widen 4th Street in Hattiesburg MS. Study of safe and efficient commercial multi-modal NJ transportation systems serving the East Coast Port Complex. Improve roads and enhance area in the vicinity of S. IL Archer Avenue and Midway Airport, Chicago Construct Leon Pass overpass, Hodgkins IL Undertake Streetscaping project on Harlem Avenue IL initiating from 71st Street to 180, Cook County Construct bike path, parking facility, and related IL transportation enhancement projects, North Riv ersid e Upgrade Roads, Summit IL

$1,000,000 $2,000,000 $1,350,000

$1,000,000 $100,000 $520,000 $750,000

$6,000,000 $1,500,000 $1,000,000

$3,100,000 $1,000,000 $4,000,000

$400,000 $300,000 $1,000,000 $2,000,000 $200,000

$199,794 $2,000,000 $251,717 $800,000 $500,000 $23,400,000 $1,300,000 $2,000,000 $10,067,000 $2,840,000 $1,000,000

$3,200,000 $500,000

$1,000,000 $800,000 $4,000,000 $2,000,000

$800,000

March 10, 2005

No.
3465 3466 3467 3468 3469 3470 3471 3472 IL

CONGRESSIONAL RECORD
State

HOUSE

111287
Amount
$800,000 $600,000 $1,200,000 $750,000 5250, 000 $8,000,000 $750,000 $500,000

High Priority ProjectsContinued Project Description

Undertake streetseaping on Ridgeland Avenue, Oak Park Avenue, and 26th Street, Berwyn Construct bike/pedestrian path and related facilities in Spring Rock Park, Western Springs Extend the Sioux Falls Bike Trail to the Great Bear Recreation Area Redesign T corner on BIA #2 5 miles SW of Kyle on the Pine Ridge Reservation Extend bike trail in Pine Ridge to the SuAnne Big Crow Boys & Girls Center Extend bicycle trail system in Aberdeen City of Moultrie Streetscape Improvements, Phase UI Restore and renovate for historic preservation and museum the 1906 AB&A Railroad Building, Fitz gerald Improve sidewalks, upgrade lighting, and add land scaping, Ocilla. Improve sidewalks, upgrade lighting, and add land scaping, Newton County. Improve sidewalks, upgrade lighting, and add land scaping, Monticello. City of Sylvester Bicycle and Pedestrian Project. Improve sidewalks, upgrade lighting, and add land scaping, Tifton. Improve sidewalks and curbs on Wheeler Avenue and Carlos Avenues, Ashburn. Improve sidewalks, upgrade lighting, and add land scaping, Jackson. Construct traffic circle in San Ysidro at the inter section of Via de San Ysidro and West San Ysidro Boulevard, San Diego Construct and resurface unimproved roads in the Childrens Village Ranch and improve access from Childrens Village Ranch to Lake Morena Drive, San Diego County Project design and environmental assessment of wid ening and improving the interchange at H Street and 1-5, Chula Vista, Chula Vista Jacksonvitle International Airport Access Rd. to I 95, Jacksonville Mathews Bridge Replacement, Jacksonville Hecksher Bridge Replacement, Jacksonville NE 3 Ave to NE 8th Ave Rd Reconstruction, Gaines ville University Ave to NE 8 Avenue Rd Reconstruction, Gainesville Central Kentucky Multi Highway Preservation Project Construct East Beckley Bypass, including 5500,000 for preliminary engineering and design of the Shady Spring connector (Route 3/Airport Road) Construct 173/74 High Priority Corridor, Wayne Co. Construct Ilidville Road (KY 974) Interchange at the Mountain Parkway, Clark County Construction and improvements to Ridge Road, Lackawanna Construction at 1580 and California SR 84 (Isabel Avenue) Interchange Construction of and improvements to Amherst Street, Buffalo Construction of and improvements to Grant Street, Buffalo Construction of and improvements to Hertel Avenue, Buffalo Construction of and improvements to Hopkins Street, Buffalo Construction of and improvements to Main Street in the Town of Aurora Construction of and improvements to McKinley Parkway, Buffalo Construction of and improvements to Route 5 in the Town of Hamburg Construction of and improvements to South Paik Avenue and Lake Avenue in the Village of Blasdell Construction of and improvements to South Park Avenue, Buffalo Construction of Bicycle Path and Pedestrian Trail in City of Buffalo Construction, redesign, and improvements to Fargo Street in Buffalo

IL SD SD SD SD
GA GA

3473 3474 3475 3476 3477 3478 3479 3480

GA GA GA GA GA GA GA CA

$500,000 $750,000 $500,000 $500,000 $750,000 $500,000 $500,000 $300,000

3481

CA

$1,000,000

3482

CA

$2,700,000

$2,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $2,300,000 $5,000,000

3483 3484 3485 3486 3487 3488 3489

FL FL FL FL FL KY WV

3490 3491 3492 3493 3494 3495 3496 3497 3498 3499 3500 3501 3502 3503 3504

WV KY NY CA NY NY NY NY NY NY NY NY NY NY NY

$5,000,000 $1,700,000 $500,000 $2,500,000 $200,000 $200,000 $200,000 $200,000 $500,000 $500,000 $500,000 $500,000 $200,000 5800, 000 $2,000,000

H1288
No. 3505 TN

CONGRESSIONAL RECORD
State

HOUSE

March 10, 2005

Amount 15,500.000

High Priority ProjectsContinued Project Description Improve existing two lane highway to a five lane fa cility on State Route 53 from South of 124 to Near Parks Creek Road, Coffee County Improve portions of Route 116 between Lincoln and Medway to bring road up to modern standard Improve portions of Route 26 between Bethel and Ox ford Road improvements and signage in City of Lacka wanna Belmont Ave Gateway Community Enhancement Project, Haledon Conduct feasibility study for an off ramp on 130 on to Hall Street for direct access to Baylor Univer city Medical Center in Dallas. Livingston Pedestrian Streetscape Project along Mt. Pleasant and Livingston Avenues MD4 at Suitland Parkway Pompton Lakes Downtown Streetscape Street improvements along North Broad Street, Hat field Borough Street improvements to Old York Road, Jenkintown Borough Street improvements to Ridge Pike and Joshua Road, Whitemarsh Township Street improvements to Skippack Pike (Rte 73). Whitpain Township Street Improvements, Upper Dublin Township Street Improvements, Upper Gwynedd Township Construct access road and roadway improvements to Chessie development site, Clifton Forge Fruitdale and MeGarigle Arterial Improvements Project in Sedro Woolley, Washington Improve Ridge Road, Pearl River County Port Nienville Intermodal Connector, Hancock County Realign Airport RoadlSpringhetti Ave/Marsh Road in Snohomish County, Washington. Widen 1-10 in New Orleans Widen Redwood Road from Saratoga Springs to Bangerter Highway in Utah County Widen Rolfe Highway from near the intersection of Rolfe Highway and Point Pleasant Road to the Surry ferry landing approach bridge Construct access road and roadway improvements to Chessie development site, Clifton Forge Fruitdale and McGarigle Arterial Improvements Project in Sedro Woolley, Washington Improve Ridge Road, Pearl River county Port Bienville Intermodal Connector. Hancock County Realign Airport RoadlSpringhetti AveJlvlaish Road in Snohornish County, Washington. Widen 1-10 in New Orleans Widen Redwood Road from Saratoga Springs to Bangerter Highway in Utah County Widen Rolfe Highway from near the intersection of Rolfe Highway and Point Pleasant Road to the Surry ferry landing approach bridge Cambridge Bicycle Path Improvements Capitalize Oregon Transportation Infrastructure Bank Chelsea Roadway Improvements Congestion reduction measures in Richmond County Construct Hudson River Waterfront Walkway over Long Slip Canal-Hoboken and Jersey City Construct Illinois Street Bridge/Amador Street Con nection and Improvements, San Francisco Construct multi-modal facility in the vicinity of Brooklyn Childrens Museum Construct Parking Facility at McGinley Square in Jersey City Construction of access road including sidewalks, bike lanes and railroad crossing from Highway 99W to industrial zoned property, Corvallis Continuation of the public awareness program to the subcontracting entity which was funded under Section 1212(b) of FL 105178 about infrastructure in Lower Manhattan. Continue bridge repair project authorized under P.L. 105178, Coos Bay Expand TRANSCOM Regional ITS System in NJ, NY, and CT

3506 3507 3508 3509 3510

ME ME NY NJ TX

$3,500,000 $1,000,000 $500,000 $500,000 $1,000,000

3511 3512 3513 3514 3515 3516 3517 2518 3519 3520 3521 3522 3523 3524 3525 3526 3527

NJ MD NJ PA PA PA PA PA PA VA WA MS MS WA LA UT VA

$900,000 $5,000,000 $1,000,000 $125,000 $1,000,000 $800,000 $600,000 $1,500,000 $375,000 $1,300,000 $950,000 $1,000,000 $3,000,000 $400,000 $2,800,000 $1,000,000 $500,000

3528 3529 3530 3531 3532 3533 3534 3535

VA WA MS MS WA LA UT VA

$1,300,000 $950,000 $1,000,000 $3,000,000 $400,000 $2,800,000 $1,000,000 $500,000

3536 3537 3538 3539 3540 3541 3542 3543 3544

MA OR MA NY NJ CA NY NJ OR

$1,000,000 $3,998,000 $2,000,000 $2,000,000.00 $1,000,000 $4,000,000 $300,000.00 $1,050,000 $814,000

3545

NY

$500,000.00

3546 3547

OR NJ

$8,000,000 $1,000,000

March 10, 2005

No. 3548 3549 3550 3551 3552 OR NY NY OR NJ

CONGRESSIONAL RICORD
State

HOUSE
Project Description

H1289
Amount $1,009,000 $500,000.00 $500,000.00 $900,000 $1,200,000

High Priority ProjectsContinued

3553 3554 3555 3556 3557 3558 3559 3560 3561 35e2 3563

NJ OR OR NY WA WA OR NJ OR OR OR

3564 3565

NJ OR

3566 3567 3568 3569 3570 3571 3572

MA NJ MA GA NY OR NY

3573 3574 3575 3576 3577 3578 3579 3580 3581 3582

OR OR OR IL NJ WA OR NY IL NY

3583 3584 3585 3586 3587 3588 3589 3590 3591

IL NY NY NY NY NY NY NY NY

Extend Willamette Valley Scenic Sikeway into Lane and Douglas Counties. Graffiti Elimination Program in Riverdale neighbor hood of Bronx County Graffiti Elimination Program on Smith Street in Kings County Great Street Trail Connection, Eugene Hudson County Fire & Rescue Department, North Bergen: Transportation Critical Iocident Mobile Data Collection Device Rudsun County Pedestrian Safety Improvements Hwy. 199 Safety Improvements. Josephine County Hwy. 99E/Geary Street Safety Improvements, Albany Implement Improvements for Pedestrian Safety in Riverdale neighborhood of Bronx County Improve Mill Plain Blvd between SE 172nd and SE 192nd in Vancouver Improve signage along scenic highways in Clark, Skamania and Pacific counties ITS Improvements to Tripoheck, Oregon Jereey City 6th Street Viaduct Pedestrian and Bicy cle Pathway Project Middle Fork Willamette River Path, Springfield OR 42 Hoover Hill Passing Lane, Winston Pedestrian improvements including boardwalk ex tension and sidewalk construction, Port of Brook ings Harbor Port ReadingImprovements to air quality through reduction of engine idling behind Rosewoud Lane Purchase communications equipment related to trafnc incident management in Linn, Benton. Lane, Douglas, Coos, Curry and Josephine Cuen ties. Reconstroctiun of the I95/Rte. 20 Interchange in Waltham Route 440 Rehabilitation and Boulevard Creation Project in Jersey City Rutherford Avenue Improvements, Boston SR 10/Peters Street/Olympic Drive interchange, Ath ens Study and Improve Trafnc Flow Around a New Sta dium in Willets Point, Queens To constroct and enhance bikeway between Hood River and McCurd Creek. To construct greenway along East River waterfront between East River Park (ERP) and Brooklyn Bridge, and reconstruct South entrance to ERP, in Manhattan. Transportation enhancements at Eugene Depot, Eu gene U.S. 101 Slide Repair, Curry County U.S. Hwy. 20 and Airport Road Intersection Improve ments, Lebanon Upgrade 31st Street and Golfview Hd intereection and constroct parking facilities, Hrcokfield Weehawken Baldwin Avenue Improvements Widen SR 503 through Woodland Widen to three lanes and add urban features to OR 42 from Luukingglass Creek to Glenhart, Winston Bicycle and pedestrian safety improvements. Main Street, Riverhead Construct extension of Queeny Avenue from IL Rt 3 to Hug Haven Road, St. Clair County Constroct improvements to NY Route 5 from Coast Guard Base to Ohio Street, including Fuhrmann Boulevard Extend and Construct Concrete Corridor between IL Rt 13 to IL Rt 15, Centreville Implement a roadway evacuation study fur the South Shore of Long Island, Mastic Improve Bruuksite Dr. from NY 25/25A to Rt. 347, Smithtown Improve Clover Lu. from Bay Ave to Bay Rd, hamlet of Brookhaven Improve CR 80, Montauk Highway, Village of Patchugoe Improve Dare Rd from Old Town Rd to Rt. 25, Selden Impruve Hospital Road Bridge between CR99 and CR101, Patchogue Improve intersection of Old Duck and Church Street, Kings Park Improve Maple Avenue in Smithtuwn

$1,900,000 $3,104,000 $1,002,000 ,000 .000 .00 $1 $1,250,000 $150,000 $1,200,000 $2,000,000 $3,000,000 $1,495,000 $600,000

$800,000 $10,000,000

$1,300,000 $1,250,000 $1,000,000 $3,000,000 $3,000,000.00 $1,000,000 $1,500,000.00

$1,000,000 $5,800,000 $837,000 $1,500,000.00 $2,000,000 $1,000,000 $3,250,000 $1,200,000 $750,000 $1,000,000

$1,000,000 $1,000,000 $900,000 $270,000 $600,000 $440,000 $690,000 $120,000 $150,000

111290
No. 3592 3593 3594 3595 3596 3597 3598 3599 3600 3601 3602 3603 NY NY NY IL IL IL NY NY NY NY IL NY

CONGRESSIONAL RECORD
Stato

HOUSE
Project Description

March 10, 2005

Amount $420,000 $1,500,000 $250,000 $1,970,000 $1,500,000 $1,125,000 $500,000 $430,000 $1,500,000 $400,000 $880,000 $1,130,000

High Priority ProjectsContinued

3604 3605

UT PA

3606 3607 3608 3609

PA PA PA PA

3610 3611

PA PA

3612 3613

PA PA

3614 3615 3616 3617 3618 3619 3620 3621 3622 3623 3624 3625 3626 3627

PA MN MN AR NY NY NY NY NY CT DC GA OH OH

3628 3629 3630

OH LA TN

3631

CA

Improve Old Town Rd from Rt 347 to Slattery Rd, Setauket Improve Old Willets Path from NY 454 to Rabro Dr., Smithtown Improve Pipe Stave Hollow Rd. to Harbor Beach Rd., Miller Place Reconstruction and Improvement of North Lincoln Aye, OFalloo Reconstroction of 2lth Street, Granite city Road Alignment from Caseyville Road to Sollivan Brive, Swansea Road Improvements Hamlet of Medford, Town of Brookhaven Road improvements, Hamlet of Gordon Heights, Town of Brookhaven Road improvements, Village of Patchogoe Roadway improvements, hamlet of Mastic Beach Widening Fullerton Road from Metrolink to IL Rt 159, Swansea WLIU Public Radio Emergency and Evacuation Transportation Information Initiative, Soothamp ton Reconstruct 500 West, including pedestrian and bicy cle access, in Moab construct improvements to Chambers Hill Road and Lindle Road (SR. 441) at its intersections with Interstate 283 and Eisenhower Boulevard Construct Regional Trail, Muhlenberg Township Rail Crossing signalization upgrade, Bowers Road, Lyons Station, Berks County Rail Crossing signalization upgrade at Hill Road, Township of Blandon, County of Berks Safety improvements at Liberty Street intersection with PA Route 61 in W. Brunswick and N. Manheim Twp., Schuylkill County Replace Stossertown Bridge (Main Street) over West Creek in Branch Township, Schuylkill Connty Replace bridge over Little Mahantongo Creek at intersection of Hepler and Valley Roads in Upper Mahantongo Twp., Schoylkill Coonty Replace Union Street Bridge over Middle Creek in the borough of Tremont, Schuvlkill County Replace Bard St. Bridge over Amtrak and Norfolk Southern railroad tracks in the Borough of Roy alton, Dauphin County Hommelstown Borough, PA for intersection and pe destrian realignment and drainage. City of Moorhead Southeast Main GSI 34th Street and 1-94 interchange Paynesville Highway 23 Bypass Construction of 1530 between Pine Bluff and Wilmer Conduct study to develop regional transit strategy in Herkimer and Oneida counties Improve Town weatherization capabilities on Tucker Drive, Poughkeepsie, NY Bedell Road improvements, Poughkeepsie, NY Land acquisition and improvements on Main Street, Beacon, NY Construction of sidewalks in Sogar Loaf 1-84 Expressway Reconstruction from Waterbory to Southbory Road and trail reconstruction and drainage improve ments (APHCC) Central Hall Recreation and Multi-Use Trail, Hall Coonty, GA Land acquisition for construction of pedestrian and bicycle trails at Mentor Marsh in Ohio Design and construct road enhancements Andrews Road and Lakeshore Blvd in Mentor on-the-Lake, OH Design and construct road enhancements Cleveland Port Authority in Cleveland, Ohio Red River National Wildlife Refuge Visitor Center For the advancement of project development activi ties fur SR33 from Knox County Line to SR61 at Maynardville, TN To convert a railroad bridge into a highway bridge spanning over the Feather River between Yuba City and Marysville

$250,000 $1,000,000

$750,000 $206,300 $206,300 $1,905,700

$500,000 $250,000

$500,000 $500,000

$2,000,000 $2,000,000 $2,000,000 $40,000,000 $100,000 $250,000 $130,000 $500,000 $100,000 $1,500,000 $600,000 $2,000,000 $700,000 $300,000

$2,500,000 $3,000,000 $2,000,000

$5,000,000

March 10, 2005

CONGRESSIONAL RECORD

HOUSE

H1291

In item 49 of the table contained in section 3038 of the bill, strike Hidalgo County. TX Regional Multi-Modal Center and insert Yonkers, NY Trolley Bus Acquisition and strike $640,000, 660,000, and $700,000 and $99,000, $96,000, insert and $105,000, respectively. In item 380 of such table, strike Expand Diesel Emission Reduction Program of Gate way Cities COG and insert Columbiana County, OH Construct Intermodal Facility $1,023,000, and and strike $992,000, $1,600,000, insert and $1,085,000 and $1,750,000, respectively. $1,650,000, In item 162 of such table, strike Browns ville, TX Brownsville Ruban System City Wide Transit Improvement Project and in sert Brownsville, TX Brownsville Urban System City-Wide Transit Improvement

Project and strike $640,000, $660,000,

insert and $800,000, and $700,000 825,000, and $875,000, respectively. In item 179 of such table, strike Albany, OR Construct Pathway From Multimodal Transit Station 1,0 Swanson Park and insert Cleveland, OH Construct passenger intermodal center near Dock 32 and strike $166,400, $171,600, and $182,000 and in sert $275,200, $283,800, and $301,000, re spectively. In item 379 of such table, strike Ramapo, NY Transportation Safety Field Command Center (TSFCC) and insert Ramapo, NY Transportation Safety Field Bus. In item 197 of such table, strike Brooklyn, NY Brooklyn Childrens Museum and insert Brooklyn, NY Construct a multi-modal transportation facility. In item 343 of such table, strike Brooklyn, NY Kings County Hospital Center and in sert Kings County, NY Construct a multimodal transportation facility. In item 408 of such table, strike Brooklyn, NY SONY Downstate Medical Center and insert Brooklyn, NY Construct a multimodal transportation facility in the vicinity of Downstate Medical Center. strike table, of such 163 item In $2,240,000, $2,310,000, and $2,450,000 and and $1,650,000, $1,600,000, insert $1, 750 .000 In item number 351 of such table, amend the project description to read as follows: Charlotte North CarolinaEastland Com munity Transit Center. In item 341 of such table, insert Foothill Transit before Park. In item 296 of such table, strike $960,000, insert and $1,050,000 and $990,000, $160,000, $165,000, and $175,000, respec tively. In item 7 of such table, strike $640,000, insert and $700,000 and $660,000, $1,920,000, $1,980,000, and $2,100,000, re spectively. In item 97 of such table, strike $640,000, insert and $700,000 and $660,000, $800,000, $825,000, and $875,000, respec tively. Project 415. Purchase Buses and construct bus fa cilities in Broward County, FL. 416. Improve marine intermodal facilities in Ketchikan. 417. Indianapolis, Indiana.Childrens Mu seum Intermodal Center. 418. Windham, New Hampshire--Construc tion of Park and Ride Bus facility at Exit 419. Brooklyn, NYRehabilition of Bay Ridge 86th Street Subway Station. 420. Purchase Buses and construct bus fa cilities in Broward County, FL. 421. Bayamon, Puerto RicuPurchase of Trolley Cass.

In item 69 of such table, strike $2,080,000, $2,145,000, and $2,275,000 and insert $2,320,000, $2,392,500, and $2,537,500, re spectively. strike table, item 211 In of such $2,880,000, $2,970,000, and $3,150,000 and and $1,650,000, insert $1,600,000, $1,750,000, respectively. In item 133 of such table, strike $800,000 for fiscal year 2006 and insert $1,290,000. In item 378 of such table, strike and freight access In item 389 of such table, strike $800,000. insert and and $875,000 $825,000, $960,000, $990,000, and $1,050,000, re spectively. In item 61 of such table, strike $400,000, insert and and $437,500 $412,500, $480,000, $495,000, and $525,000, respec tively, In item 89 of such table, strike $256,000, insert and and $280,000 $264,000, $296,000, $305,250, and $323,750, respec tively. In item 33 of such table. strike $320,000, insert and and $350,000 $330,000, $480,000, $495,000, and $525,000, respec tively. In item 141 of such table, strike $160,000. insert and and $175,000 $165,000, $320,000, $330,000, and $350,000, respec tively. In item 26 of such table, (1) strike Construct and insert Plan, design, and construct ; and and $660,000, strike $640,000, (2) $700,000 and insert $800,000, $825,000. and $875,000, respectively. In item 203 of Such table, (1) insert Construct before East Valley Metro Bus Facility; and (2) strike $1,600,000, $1,650,000, and and insert $2,080,000, $1,750,000 $2,145,000. and $2,275,000, respectively. In item 241 of such table, strike $160,000, insert and and $175,000 $165,000, $960,000, .$990,000. and $1,050,000, re spectively. In item 129 of such table, strike $640,000, insert and and $700,000 $660,000, $1,280,000, $1,320,000, and $1,400,000, re spectively. In item 265 of such table, strike $160,000, insert and and $175,000 $165,000, $256,000, $264,000, and $280,000, respec tively. In item 291 of such table, strike $800,000, insert and and $875,000, $825,000, $920,000, $948,750, and $1,006,250, re spectively. In item 385 of such table, insert Norristown, PA- at the beginning of the project description. In item 72 of such table, strike Hammond, Louisiana-Passenger Intermodal facility at Southern University and insert Hammond, LouisianaPassenger Intermodal facility at Southeastern University.
.

In item 233 of such table, strike $320,000, and insert $350,000 and $330,000, $960,000, $990,000, and $1,050,000, re spectively. table, of such strike In item 111 $320,000,$330,000, and $350,000 and in sert $640,000, $660,000, and $700,000, re spectively. In item number ii of such table, strike the project description and dollar amounts and insert Development of Gold Country Stage Transit Transfer Center, Nevada County, $307,006, and and CA $297,702. $125,612. respectively. In item number 56 of such table, strike the project description and dollar amounts and insert Brooklyn, NYRehabilition of Bay Ridge 86th Street Subway Station and $1,280,000, $1,320,000, and $1,400,000, re spectively. In item number 305 of such table, strike the project description and dollar amounts and insert ftoanoke, Virginia Intermodal $66,000, and $64,000. Facility and $70,000, respectively. In item 168 of such table. strike Eliza beth, NJ Broad Street Streetscape Improve ments and Bus Shelteis and insert Eu gene, OR Lane Transit District, Bus Rapid Enhance Progressive Corridor Transit ments, and strike $224,000,$231,000, and $245,000 and insert $960,000. $990,000, and $3,050,000 In item 100 of such table, strike the project description and dollar amounts and insert State of Wisconsin buses and bus facilities $5,280,000, and $5,120,000, and $5,600,000. respectively. In item 12 of such table, strike $320,000. $330,000, $350,000 and insert $576,000, $594,000, and $630,000 In item 273 of such table, strike $288,000, and insert $315,000 and $297,000, $400,000, $412,500, and $437,500, respec tively. In item 106 of such table, strike $112,000, and insert $122,500 and $115,500, $224,000. $231,000, and $245,000, respec tively. In item 304 of the such table, strike $75,000 and insert $2,500,000. In item 229 of the such table, strike $75,000 and insert $1,000,000. In item 284 of the such table, strike the project description and dollar amounts and insert Cornwall, NYPurchase Bus and the following dollar amounts, respectively: $27,840, $28,710, and $30,450. In item 163 of such table, strike Normal, IllinoisMultimodal Transportation Center and insert Normal, IllinoisMultirnodal Transportation Center, including facilities for adjacent public and nonprofit uses. At the end of such table, add the following:

FY 06 $480,000 $3,000,000 $320,000 $1,184,000

FY07
$495,000 $8,250,000 $330,000 $1,221,000

FY08
$525,000 $8,750,000 $350,000 $1,295,000

$640,000 $640,000 $272,000

$660,000 $660,080 $280,580

$700,000 $700,000 $297,500

H1292
Project

CONGRESSIONAL RECORDHOUSE
PY 06 $1,600,000 FY 07 $1,650,000

March 10, 2005

FY 08 $1,750,000

422. C Street Expanded bus facility and intermodal parking garage, Anchnrage, AK. 423. Morris Thompson Cultural and Visitors Center intermodal parking facility, Fair banks, AK. 424. Sharon, PABus Facility Construction 425. CITC Nnn-prnfit Services Center intermedal parking facility, Anchorage, AK. 426. Abilene, TX Vehicle replacement and facility improvements for transit system. 427. Alaska Native Medical Center intermodal parking facility. 428. Butler, PAMultimodal Transit Center Construction. 429. Normal, IllinoisMeltimodal Transportation Center. 430. Rochester. New YorkRenaissance Square transit center. 431. Erie, PAEMTA Vehicle Acquisition 432. Miami-Bade County, Floridabuses and bus facilities. 433. Centralia, IllinoisSouth Central Mass Transit District Improvements. 434. Roanoke, VABus restoration in the City of Roanoke. 435. Denver, ColoradoRegional Transportation District Bus Replacement. 436. Intermodal facility improvements at the Port of Anchorage. 437. American Village/Montevallo construction of closed loop Access Road, bus lanes and parking facility. 438. Corpus Christi, TX Corpus Regional Transit Authority for maintenance facil ity improvements. 439. Central Florida Commuter Rail intermodal facilities. 440. Ames, IowaExpansion of CyRide Bus Maintenance Facility.
...

$800,000

$825,000

$875,000

$160,000 $060,000 $128,000 $1,600,000 $320,000 $640,000 $640,000 $640,000 $1,280,000 $128,000 $80,000 $640,000 $8,000,000 $96,000

$165,000 $990,000 $t32,000 $1,650,000 $330,000 $660,000 $660,000 $660,000 $1,320,000 $132,000 $82,500 $660,000 $8,250,900 $99,000

$175,000 $1,050,000 $140,000 $1,750,000 $350,000 $700,000 $700,000 $700,000 $1,400,000 $140,000 $87,500 $700,000 $8,750,000 $105,000

$800,000

$825,000

$875,000

$1,600,000 $640,000

$1,650,000 $660,000

$1,750,000 $700,000

In section 1101 of the bill, strike subsection Cs) and insert the following: (a) IN GENERALThe following sums are authorized to be appropriated from the High way Trust Fund (other than the Mass Tran sit Account):
(1) INTERsTATE MAINTENANOE PROGRAM.

For

the

Interstate

maintenance

program

under section 119 of title 23, United States

Code, $4,323,076,000 for fiscal year 2004, $4,406,153,000 fur fiscal year 2005, $4,601,932,000 for fiscal year, 2006, $4,715,480,000 for fiscal year 2007, $4,831,867,000 for fiscal year 2008, and $4,951,164,000 for fiscal year 2009.
(2) NATIONAL mouwAY SYsTEMFor the

National Highway System under section 103 of that title, $5,187,691,000 for fiscal year 2004, $5,557,383,000 for fiscal year 2005, $5,705,318,000 for fiscal year 2006, $5,831,576,000 for fiscal year 2007, $5,971,240,000 for fiscal year 2008, and $6,111,396,000 for fiscal year 2009. (3) BRIOCE PROGRAMFor the bridge pro
gram under section 144 of that title, $3,709,440,000 for fiscal year 2004, $3,942,176,000 for fiscal year 2005, $4,037,231,000 for fiscal year 2006, $4,134,661,000 for fiscal year 2007, 2008, and year fiscal for $4,234,528,000 $4,336,891,000 for fiscal year 2009. (41 HinewAy 5AFEry IMpROvEMENT PRO

0RAM.For the highway safety improvement program under sections 130 and 152 of that
year fiscal 2005, title, $630,000,000 for $645,000,000 for fiscal year 2006, $660,000,000 for fiscal year 2007, $680,000,000 for fiscal year 2008, and $695,000,000 for fiscal year 2009. Of such funds per fiscal year shall be avail able to carry out section 130 and shall be available to carry out section 152. (5) SURFAcE TRANSPORTATION PROORAM. For the surface transportation program under section 133 of that title, $6,052,306,000 for fiscal year 2004, $6,950,614,000 for fiscal year 2005, $6,788,704,000 for fiscal year 2006,

$6,947,672,000 for fiscal year 2007, $7,110,614,000 for fiscal year 2008, and $7282629011 for fis cal year 2009. (6) CONGEsTIoN MITIGATION ANO A5R QUALITY IMpR0VEMgNT PR00RAM.FOr the congestion mitigation and air quality improvement pro gram under section 149 of that title, $2,469,846,000 for fiscal year 2004, $1,521,592,000 for fiscal year 2005, $1,559,257,000 for fiscal year 2006, $1,597,863,000 for fiscal year 2007, and fiscal year 2008. for $1,637,435,000 $1,677,996,000 for fiscal year 2009. (7) APPALAONIAN OEVELOPMENT NIONWAY SYSTEM PROORAM.For the Appalachian de velopment highway system program under section 14101 of title 40, United States Code, $460,000,000 for fiscal year 2004 and $470,000,000 for each of fiscal years 2005 through 2009. (8) REcREATIONAL TRAILS PR00RAM.For the recreational trails program under sec tion 206 of title 23, United States Code, $53,000,000 for fiscal year 2004, $70,000,000 for fiscal year 2005, $80,000,000 for fiscal year 2007, year for fiscal $90,000,000 2006, and year 2008, fiscal for $100,000,000 $110,000,000 for fiscal year 2009. HIONWAYS PROORAM. (9) FEORRAL LANOS (A) IN0IAN RESERVATION ROA0S.FOr In dian reservation roads under section 204 of title 23, United States Code, $225,000,000 for fiscal year 2004, $365,000,000 for fiscal year 2006, fiscal year for $390,000,000 2005, $395,000,000 for fiscal year 2007, $420,000,000 for fiscal year 2008, and $420,000,000 for fiscal year 2009. (B) PARE ROAOS ANO PARE WAYSFor park roads and parkways roads under section 204 of that title, $170,000,000 for fiscal year 2004, $185,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $215,000,000 for fiscal year 2007, $225,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009.

(C) PUsLic LANOS HI0IIWAY.Por public lands highway under section 204 of that title, $250,000,000 for fiscal year 2004, $260,000,000 for fiscal year 2001, $280,000,000 for fiscal year 2007, fiscal year 2006, for $280,000,000 and year 2008, for fiscal $290,000,000 $300,000,000 for fiscal year 2009. (B) REFU0E R0AOS.For refuge roads under section 204 of that title, $20,000,000 for each of fiscal years 2004 throogh 2009. (10) NATIONAL OORRIOOR INFRASTRUCTURE IMPROVEMENT PROORAM For the national

corridor infrastructure improvement pro gram under section 1301 of this title, $600,000,000 for fiscal year 2005, $600,000,000 for
fiscal year 2006, $600,000,000 for fiscal year 2007, $600,000,000 for fiscal year 2008, and

$600,000,000 for fiscal year 2009.

(11) C0OROINATEO SOROER INFRASTRUCTURE PROGRAMFor the coordinated border infra

structure program onder section 1302 of this title, $209,000,000 for fiscal year 2005, $200,000,000 for fiscal year 2006, $200,000,000 for fiscal year 2007, $200,000,000 for fiscal year 2008, and $225,000,000 for fiscal year 2009.
(12) PROJECTS OF NATIONAL ANO REGIONAL SIGNIFIcANcE PROORAM.FOr the projects of national and regional significance program under section 1204 of this title, $1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal year 2006, $1,200,000,000 for fiscal year 2007,

$1,300,000,000

for

fiscal

year

2008,

and

$1,300,000,000 for fiscal year 2009. (13) NATIONAL SCENIC SYWAYS PROGRAM. For the national scenic byways program onder section 162 of title 23, United States 2004, fiscal year for Code, $30,000,000 $40,000,000 for fiscal year 2005, $41,000,000 for fiscal year 2006, $55,000,000 for fiscal year 2007, $55,000,000 for fiscal year 2008, and $60,000,000 for fiscal year 2009.

March 10, 2005

CONGRESSIONAL RECORD

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H1293

(14) DEPLOYMENT OF 511 TRAVELER INFORMA TION PROGRAMFor the Sil traveler informa tion program under section 1204(c)(7) of this title, $6,000,000 for each of fiscal years 2005 through 2009. (15) HIGH PRIORITY PROJECTS PROGRAM. For the high priority projects program under section 117 of title 23, United States Code, $2,496,450,000 for fiscal year 2005, 52,244,550,000 for fiscal year 2006, $2,143,250,000 for fiscal year 2007, $2,192,450,000 for fiscal year 2008, and $2,050,450,000 for fiscal year 2009. (16) FREIGHT INTERMODAL CONNECTOR PRO GRAMFor the freight intermodal connector program under section 1303 of this title, 5421 .000,000 for fiscal year 2005, 5421,000,000 for fiscal year 2006, 5421,000,000 for fiscal year 2007, 5421,000,000 for fiscal year 2008, and $426,000,000 for fiscal year 2009. (27) Hiou RISK RURAL ROAD SAFETY IM PROVEMENT PROGRAMFor the high risk rural road safety improvement program under section 1403 of this title, $105,000,000 for fiscal year 2005, $110,000,000 for fiscal year 2007, year fiscal for $120,000,000 2006, and 2008. year fiscal for $125,000,000 5130,000,000 for fiscal year 2009. (18) PEDESTRIAN AND CYCLIST EQUITYSAFE ROUTES TO SCHOOL PROGRAMFor the safe routes to school program under section 1120(a) of this title, $175,000,000 for fiscal year 2006, year fiscal for 5200,000,000 2005, $200,000,000 for fiscal year 2007, $200,000,000 for 2008, and $225,000,000 for fiscal fiscal year year 2009. In section 1103(a)(l) of the bill, strike the matter proposed to be inserted as section 104(a)(1) of title 23, United States Code, and insert the following: U) DEDUCTION FOR ADMINISTRATIVE EX apportionment is PENSESWhenever an made of the sums made available for expend iture on the surface transportation program under section 133 for a fiscal year, the Sec retary shall deduct $390,000,000 for fiscal year 2005, fiscal year for $365,000,000 2004, $395,000,000 for fiscal year 2006, $395,000,000 for fiscal year 2007, $395,000,000 for fiscal year 2008, and 5400,000,000 for fiscal year 2009. In the matter proposed to he inserted as section 104(a)(2) of title 23, United States Code, by section 1103(a)(l) of the bill, strike authorized to be appropriated and insert deducted. In section 1103(a) of the bill (1) insert and after the semicolon at the end of paragraph (1); and (2) strike paragraphs (2) and (3) and insert the following: (2) in paragraph (4) by striking and the Federal Motor Carrier Safety Administra tion, In section 1103(d) of the bill (1) redesignate paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) insert before paragraph (2) (as so redes ignated) the following: (1) in subsection (b) by striking set-aside authorized by subsection (U and inserting set-asides authorized by subsections (I) and (rn); In section 1103 of the bill (1) redesignate subsections (d) and (e) as subsections (e) and (f) respectively; and (2) insert after subsection (c) the following: (d) SET-ASIDEs-Section 104 of such title is amended by adding at the end the following: (rn) SET-ASIDES. (1) HIGHWAY USE TAX EVASION PROGRAM. Whenever an apportionment is made of the sums made available for expenditure on the National Highway System under section 103 for a fiscal year, the Secretary shall set aside for highway use tax evasion projects under section 143 of this title $12,000,000 for fiscal year 2004, $30,000,000 for fiscal year 2005, 530,000.000 for fiscal year 2006, $20,000,000 for fiscal year 2007, $10,000,000 for fiscal year 2008, and 57,000,000 for fiscal year 2009.

(2) COMMONWEALTh OF PUERTO RICO HIGH WAY PROGRAMWhenever an apportionment is made of the sums made available for ex penditure on the National Highway System under section 103 for a fiscal year, the 5ccretary shall set aside for the Commonwealth of Puerto Rico highway program under sec tion 1214(r) of the Transportation Equity Act 209), Stat. (112 Century the 21st for $115,000,000 for fiscal year 2004, $125,000,000 for fiscal year 2005, $130,000,000 for fiscal year 2007, fiscal year for 2006, $130,000,000 and 2008, year for fiscal $140,000,000 $140,000,000 for fiscal year 2009, (3) DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.Whenever an ap portionment is made of the sums made avail able for expenditure on the National High way System under section 103 for a fiscal year, the Secretary shall set aside for car rying out section 1117 of the Transportation Equity Act: A Legacy for Users, relating to deployment of magnetic levitation transpor tation projects, $15,000,000 for fiscal year 2005 and $20,000,000 for each of fiscal years 2006 through 2009, (4) CONGEsTION PRICING PILOT PROGRAM. Whenever an apportionment is made of the sums made available for expenditure on the congestion mitigation and air quality im provement program under section 149 for a fiscal year, the Secretary shall set aside for the congestion pricing pilot program under section 1209 of the Transportation Equity Act: A Legacy for Users $15,000,000 for fiscal year 2004, 515,000,000 for fiscal year 2005, $15,000,000 for fiscal year 2006, $15,000,000 for fiscal year 2007, $15,000,000 for fiscal year 2008, and $15,000,000 for fiscal year 2009. (5) HIGHWAYS FOR LIFE PROGRAMWhen ever an apportionment is made of the sums made available for expenditure on the Inter state maintenance program under section 119 for a fiscal year, the Secretary shall set aside for the Highways for LIFE program under section 1504 of the Transportation Eq uity Act: A Legacy for Users $55,000,000 for fiscal year 2005 and $60,000,000 for each of fis cal years 2006 through 2009. (6) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIESWhenever an apportionment is made of the sums made available for expenditure on the National Highway System under section 103 for a fis Cal year, the Secretary shall set aside for construction of ferry boats and ferry ter minal facilities under section 165 of this title $60,000,000 for fiscal year 2004, $70,010,000 for fiscal year 2005. $75,000,000 for fiscal year 2006, 575,000,000 for fiscal year 2007, $75,001,000 for fiscal year 2008, and $75,000,000 for fiscal year 2009. (7) ITS DEpLOyMENTWhenever an appor tionment is made of the sums made available for expenditure on the surface transpor tation program under section 133 for a fiscal year, the Secretary shall set aside for car rying out sections 5208 and 5209 of the Trans portation Equity Act for the 21st Century (112 Stat. 458; 112 Stat. 460), 5100,000,000 for each of fiscal years 2004 and 2005. (8) SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTSWhenever an apportionment is made of the sums made available for expend iture on the surface transportation program under section 133 for a fiscal year, the Sec retary shall set aside for safety incentive grants for use of seat belts under section 157 of this title $112,000,000 for each of fiscal years 2004 and 2005. (9) SAFETY INCENTIVES TO PREVENT OPER ATION OF MOTOR VEHICLES BY INTOXICATED PERSONSWhenever an apportionment is made of the sums made available for expend iture on the surface transportation program under section 133 for a fiscal year, the Sec retary shall set aside for safety incentives to prevent operation of motor vehicles by in-

toxicated persons under section 103 of this title $110,000,000 for each of fiscal years 2004 and 2005. (10) TRANSPORTATION AND COMMUNITY AND SYSrEM PRESERVATION PROGRAMWhenever an apportionment is made of the sums made available for expenditure on the surface transportation program under section 133 for a fiscal year, the Secretary shall set aside for the transportation and community and system preservation program under section 1221 of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note) $25,000,000 for fiscal year 2004, $30,000,000 for fiscal year 2005, 535,000,000 for fiscal year 2006, $35,000,001 for fiscal year 2007, and $35,000,000 for each of fiscal years 2008 and 2009.. In section 1103 of the bill, strike subsection (f) (as so redesignated), relating to the Puer to Rico highway program, and insert the fol lowing: (0 PUERTO RICO HIOHWAY PROORAM.Sec lion 1214(r) of the Transportation Equity Act for the 21st Century (112 Stat. 209; 117 Stat. 1114; 118 Stat. 1149) is amended (1) in paragraph (1) by striking authorized by section 110l(a)(15) for each of fiscal years 1998 through 2005 and inserting set aside by section 104(m)(2) of title 23, United States Code, for each of fiscal years 2004 through 2009; and (2) in paragraph (2) by striking made available by section )101(a)(15) of this Act and inserting set aside by section 104(m)(2) of title 23. United States Code,. Strike section 1104 of the bill and insert the following: SEC. 1104. MINIMUM GUARAr4rEE. (a) GENERAL RULESection 105(a) of title 23, United States Code, is amended (1) by striking 1998 through 2003 and in serting 2004 through 2009; (2) by striking and recreational trails and inserting recreational trails, coordi nated border infrastructure, freight intermodal connectors, safe routes to school, highway safety improvement, and high risk rural road safety improvement; and (3) by inserting (other than subsection (g)) after under this section. (b) TREATMENT OF FUNDSSection 105(c)(l) of such title is amended (I) by striking $2,800,000,000 and insert 2004, year fiscal in ing $2,870,000,000 52,941,750,000 in fiscal year 2005, 53,015,293,750 in fiscal year 2006. $3,090,676,094 in fiscal year 2007, 53,167,942,996 in fiscal year 2008, and $3,247,141,571 in fiscal year 2009; and (2) by striking and recreational trails each place it appears and inserting rec reational trails, coordinated border infra structure, freight intermodal connectors, safe routes to school, highway safety im provement, and high risk rural road safety improvement. (c) AUTHORIZATION.SectiOn 105(d) of such title is amended by striking 1998 through 2003 and inserting 2004 through 2009. (d) SPECIAL RULESection 105(e) of such title is amended to read as follows: (e) SPECIAL RULENotwithstanding any other provision of this section, it, in any of fiscal years 2004 through 2009, the highest quotient obtained by dividing (1) a States percentage share of the total apportionments for such fiscal year for pro grams referred to in subsection

111294

CONGRESSIONAL RECORD

HOUSE

Marc/i 10., 2005

subsection (fl for such State, and percentage referred to in subsection (b) for sucb State shall be excluded from the computations re quired in subsection (f). (e) GUARANTEED SPECIFIED RETURNSec tion 105W of sech title is alnended (1) in the subsection heading by striking OF 90.5 and inserting SPECIFIED; and (2) in paragraph (1) by striking 1999 through 2003 and inserting 2004 through 2009. (1) EQUITY ADJUSTMENTSeCtiOn 105 of such title is further amended by adding at the end the following: (g) EQUITY ADJUSTMENT. U) IN GENERALFor each of fiscal years 2004 through 2009. after making the alloca tions under subsection (a), the Secretary shall allocate among the States additional amounts sufficient to ensure that no State receives an allocation under this subsection and subsection (a) that in the aggregate is less than the amount the State would have received under subsection (a) had high pri ority projects nut been included among the list of programs referred to in subsection (a). Any such additional allocations shall be ex cluded from the computations required in subsection (f). (2) RATE OF RETURNFor each of fiscal years 2004 through 2009, the Secretary shall allocate among the States amounts suffi cient to ensure that, for the aggregate of funds distributed under subsection (a), para graph (1) of this subsection, and this para graph, the rate of return, as defined in sub section (0(1), is not lees than 90.5. The spe cial rule in subsection (e) shall not apply to the calculation made under this paragraph.. (g) CONFORMINO AMENDMENTS. (1) SECTION 131.SeCtion 131(m) of title 23, United States Code, ia amended by striking in accordance with the program of projects approval process of section 105 and insert ing in accordance with the approval process of section 106. (2) SECTION 141.SeCtion 140 of such title is amended (A) in subsection (a) by striking programs for projects aa pruvided for in subsection (a) of section 105 of this title and inserting project under this chapter; and (B) in subsection (c) by striking sub section 104(h)(3) of this title and inserting section 104(b)(3). (h) SCOPE ADJUSTMENT. (1) DETERMINATION OF SET-ASIDEBefore allocating funds provided to carry out the program under section 1301 of this Act, the Secretary shall set aside an amount suffI cient to ensure that the quotient obtained by dividing (A) the sum nf (i) the amounts authorized for the pro grams identified in section 105(a) of title 23, United Statue Code, (ii) the amounts authorized under section 105(g) of such title, and (iii) the amount apportioned under this section, by (B) the total contract authority authorized for the Federal-aid highway program, equals 0.926. (2) APPORTIONMENT OF FUNDSThe amount set aside under paragraph U) shall be added to the amount authorized for the Surface Section under Program Transportation 104(b)(3)(a) of title 23 U.S. Code and shall be included in the calculation of minimum guarantee under section 105(a) of such title. Secretary shall (3) RESTORATIoNThe make available such sums as may be nec essary to restore to the funds made available to Carry nut the program under section 1301 an amount equal to the amount set aside under paragraph (I). (4) AUTNORIZATION OF APPROPRI.ATIONS. There is authorized to be appropriated out of

the Highway Trust Fund (other than the Mass Tranzit Account) such sums as may be necessary to carry out this subsection. (5) APPLICABILITY OF TITLE 23.Funds made available to carry out this subsection shall be available for obligation in the same man ner as if such funds were apportioned under chapter 1 of title 23, United States Code. In section 1115 of the bill, after subsection (c) insert the following (and redesignate sub section (d) as subsection (e)); (d) SET-ASIDE FOR TRANSPORTATION INFRA STRUCTURE FINANCE AND INNOVATION Acr. Section 144(g) of such title is amended by adding at the end the following:
(4) TRANSPORTATION INFRA5TR0LruRE FI

SEC. 1405. SAFETY INCENTIVE GItANTS FDR USE DF SEAT BELTS. Section 157(g) of title 23, United States

Code, is amended (1) in paragraph (1) by inserting and after 2002,; (2) in paragraph (1) by striking 2003, and all that follows through 2005 and inserting 2003; (2) in paragraph (2) by inserting or set aside for fiscal year 2004 or 2005 under Section
t04(m)(8) after paragraph (1);

NANCE AND INNOVATION ACT.Whenever an apportionment is made under subsection (e) of the sums made available for carrying nut the bridge program under this section for a fiecal year, the Secretary shall set aside $130,000,000 for fiscal year 2004 and $140,000,000 fur each of fiscal years 2005 through 2009 to carry out chapter 6 of title 23, United Statue Code.. fn section 1116 of the bill, strike subsection (a) and redesignate subsequent subsections accordingly. In section 1116(a) (as zo redesignated), strike of such Act and insert of the Transportation Equity Act for the 21st Cen tury (23 U.S.C. lot note; 112 Stat. 223; 118 Stat. 879; 118 Stat. 1149). In section 1117 of the bill, strike sub sections (d) and (u). In section 1121(a)(3)(A) of the bill, strike and (C) and insert , (C), and (D). In section ll2l(a)(3)(C) of the bill, strike the subparagraph designation and heading and insert the following; (C) SET-ASIDE FOR ADMI.NISTRATIVE EX PENSES. In section 112)(a)(3) of the bill, after sub paragraph (C), insert thu following (and re designate thu subsequent subparagraph ac cordingly); (D) SET-ASIDE FOR NONMOTORISED PILOT
PROORAM.Before apportioning amounts

(4) in paragraph (3)(B) by striking 2005 and inserting 2003; and (5) in paragraph (3)(B) by inserting or the amounts set aside for any of fiscal years 2004 and 2005 under section 104(m)(8) after para graph (1). In section 1601(g) of the bill, strike the matter proposed to be inserted as section 188 of title 23, United States Code, and insert the following; 9 188. Speciel rules (a) AVAILABILITYAmounts made avail able to carry out this chapter shall remain available until expended. (b) ADMINISTRATIVE CoSTSFrom funds made available to carry nut this chapter, the Secretary may use, for the administration of this subchapter, not more than $3,000,000 for each of fiscal years 2004 through 2009. (C) LIMITATIONS ON CREDIT AMOUNTSFor each of fiscal years 2004 through 2009, prin cipal amounts of Federal credit instrnments made available under this chapter ehall be limited to $2,600,000,000.. In Section 1406 of the bill, strike eubzection (b) and insert the following;
(b) AOTHORIZATIuN OF APPROPRIATIONS.

made available to carry out this subsection under this paragraph and the set-aside under subparagraph (C) for a fiscal year, the Sec retary shall set aside for the nonmotorized pilot program under subsection (b) of this section $25,000,000 for each of fiscal years 2005 through 2009. In section 1121(b) of the bill, strike para graph (4) and redesignate the subsequent paragraphs accordingly. In section 1303(e) of the bill, before , the Secretary insert after the deductions under subsection (i). At the end of suction 1303 of the bill, insert the following; (i) DEDUCTIONS. (1) FREIOIIT INTERMODAL DISTRIBUTION PILOT ORANT PRO0RAM.Whenever an apportion ment is made of the sums made available for Carrying out this section for a fiscal year, the Secretary shall deduct $6,000,000 for uach of fiscal years 2005 through 2009 for the freight intermodal distribution pilot grant program under section 1307 of this Act. (2) DEDICATED TRUCE LANESWhenever an apportionment is made of the sums made available for Carrying out this section for a fiscal year, the Secretary shall deduct for dedicated truck lanes under section 1305 nf this title $165,000,000 for each of fiscal years 2005 through 2008 and $170,000,090 for fiscal year 2009. In aectiun 1305 of the bill (1) in subsection (e) insert a comma after In thie Section; (2) strike subsection (d); and (3) redesignate subsection (e) as subsection (d). Strike section 1405 of the bill and insert the fullowing;

Section 163(0(1) of such title, as redesignated by eubsection (a)(l) of this section, is amend ed (1) by inserting and after 2002,; and (2) by striking , $110,000,000 for fiscal year 2004 and all that follows through 2005. In section 1406 of the bill, add at the end the following; AMENDMENTSection CONFORMINO (d) 163(0(2) of such title, as redesignated by sub section (a)(1) of thie section, is amended by inserting after by this subsection the fol lowing; and the funds set aside to carry out this Section. In section 1602(c) of the bill, strike the item relating to section 608 (relating to lund ing) and insert the following; 608. Special rules. In each nf sections 1102(c)(4) and 1102(c)(5) of the bill, insert after paragraph (3) the following; or 0.932 in any case in which such ratio is less than 0.932 (except that the high er ratio shall not apply to the program under section 14501 of title 40, United States Code). In section 1114(a) of the bill, redesignate paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and insert before paragraph (2) (as en redesignated) the fol lowing; (1) in subsection (c)U) by striking 2003 and inserting 2005; In section 1114 of the bill, strike subsection (e) and insert the following; EFFECTIVE DATE.The amendments (e) made by paragraphs (2) through (4) of sub section (a) and by subsection (b) shall take effect on September 30, 2105. In the matter proposed to be inserted as section 202(d)(3) of title 23, United States Code, by section 1119(a) of the bill, insert after subparagraph (C) the following (and re designate subsequent subparagraphe accord ingly);

(D)

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bridge, parkway, or transit project under subparagraph (A) that is located on an In dian reservation or provides access to the reservation or a community of the Indian tribe. In section 1119 of the bill, redesignate sub sections (c), Cd), and (e) as subsections Ce), (f), and (g), respectively, and insert after sub section (b) the following: (c) BIA A0MINI5TRATIvE EXPENsEsSec tion 202(d)(2) of such title is further amended by adthng at the end the following: (F) ADHINI5TRATrVE EXPENsEsOf the funds authorized to be appropriated for In dian reservation roads, $27,000,000 fur fiscal year 2006, $28,000,000 for fiscal year 2007, $29,000,000 fur fiscal year 2008, and $30,000,000 for fiscal year 2009 may he used by the Sec retary of the Interior for program manage ment oversight and project-related adminis trative expenses.. Cd) BRInGE PREcON5TR0cTION AcrlviTxEs Et,iurninrry.Section 202(d)(4)(B) of such title is amended by adding at the end the fol lowing: Of the amount reserved under this paragraph for a fiscal year, not more than 15 percent may be used for preconstruction ac tivities, such as engineering and design.. At the end of subtitle C of title I of the bill, insert the folllowing (and conform the table of contents of the bill): SEC. 1307, FREIGIrr INTERMODAL OISTItIBUTION PILOT GRANT PROGRAM. (a) IN GENERAL..The Secretary shall es tablish and implement a freight intermodal distribution pilot grant program. (b) PURPOsEsThe purposes of the pro gram established under subsection (a) shall be (1) to facilitate and support intermodal freight transportation initiatives at the State and local levels to relieve congestion and improve safety: and (2) to provide capital funding to address in frastructure and freight distribution needs at inland ports and intermudal freight facili ties. (c) SELEcTIoN PROcEsS. (1) APPLICATIONSA State shall submit an application to the Secretary containing such information as the Secretary may require to receive funding under this section. (2) PRIORITY.--In selecting projects to be funded under the pilot program, the Sec retary shall give priority to projects that will (A) reduce congestion into and out of inter national ports located on the west coast of the United States: (B) demonstrate ways to increase the like lihood that freight container movements in volve freight containers carrying goods; and (C) establish or expand inturmodal facili ties that encourage the development of in land freight distribution centers. Cd) ELIOIBLE PROJEcTSFunds made avail able under this section shall be used by the recipient for projects described in an applica tion approved by the Secretary. Such projects shall help relieve congestion, im prove transportation safety, facilitate inter national trade, and encourage public-private partnership. Such projects may include de veloping and constructing intermudal freight distribution and transfer facilities at inland ports. (e) TREATMENT OF PRoJEcTsNotwith standing any other provision of law, projects assisted under this section shall be treated as projects on a Federal-aid system under such chapter. In section 1809 of the bill, strike subsection (d) and insert the following: (d) CONSTRUCTION WORE IN ALASKASec tion 114 of title 23, United States Code, is amended by adding at the end of the fol lowing: (c) CONsTRucTION WORE IN ALASKA.

(1) IN 0ENERAL.The Secretary shall en sure that a worker who is employed on a re mote project for the construction of a high way or portion of a highway located on a Federal-aid system in the State of Alaska and who is not a domiciled resident of the lo cality shall receive meals and lodging. (2) L000INO.The lodging under para graph (1) shall be in accordance with section 19t0.l42 of title 29, Code of Federal Regula tions (relating to temporary labor camp re quirements). (3) PER DIEM. (A) IN OENERAL.Contractors are encour aged to use commercial facilities and lodges on remote projects, but, if such facilities are not available, per diem in lieu of room and lodging may be paid on remote Federal high way projects at a basic rate of $75.00 per day or part thereof the worker is employed on the project. If the contractor provides or fur nishes room and lodging or pays a per diem, the cost of the amount shall not be consid ered a part of wages, but shall be excluded therefrom. (B) SECRETARY OF LAN0R.Such per diem rate shall be adopted by the Secretary of Labor for all applicable remote Federal high way projects in Alaska. (C) EXCEPTIONPer diem shall not he al lowed on any of the following remote projects for the construction of a highway or portion of a highway located on a Federalaid system: (i) West of Livengood on the Elliot High way. Ui) Mile 0 on the Dalton Highway to the North Slope of Alaska; north of Mile 20 on the Taylor Highway. (iii) East of Chicken on the Top of the World Highway and south of Tutlin Junction to the Alaska Canadian border. (4) DEFINITIONsIn this subsection, thu following definitions apply: (A) REMOTEThe term remote, as used with respect to a project, means that thu project is 65 miles or more from the United States Poet Office in either Fairbanks or An chorage, Alaska, or is inaccessible by road in a 2-wheel drive vehicle. (H) RESIDENTThe term resident, as used with respect to a project, means a per son living within 65 miles of the midpoint of the project for at least 12 consecutive months prior to thu award of the project.. In, suction 1822(8) strike and the last place it appears. In section 1822 of the bill, after paragraph (3), insert the following: (4) in item number 566 by striking Prunedale Hypaes and inserting improve ments to Prunedale; (5) in item number 744 by striking Pre liminary and all that follows through Fitchburg and inserting Design, con struction or reconstruction, and right of way acquisition fur roadway improvements along the Route 12 corridor in Leominetur and Fitchburg to enhance access from Route 2 to North Leominster and downtown Fitch burg; Redesignate subsequent paragraphs of sec tion 1822 accordingly. At thu end of title I of the bill, insert the following (and conform the table of contents accordingly): SEC. 1838. INCLUSION OF CERTAIN ROUTE SEG MENTS ON THE INTERSTATE SYS TEM. Section H05(e)(5) of thu lntermodal Sur face Tranapnrtation Efficiency Act of 1991 (105 Stat. 2032; 118 Stat. 293) is amended (I) in subparagraph (A) by striking and subsection (c)(45) and inserting subsection (c)(45), and subsection (c)(57); and (2) by adding the following at the end of subparagraph (H)(i): The route referred to

in subsection (c)(57) is designated as Inter state Route 141.. SEC. 1839. RESCISSION OF UNOBLIGATED BAL ANCES. (a) IN GENERAL.On September 30, 2009, $12,000,000,000 of thu unobligated balances of funds apportioned before such date to the States for the Interstate maintenance, na tional highway system, bridge, congestion mitigation and air quality improvement, surface transportation (other than the STP set-aside programs), metropolitan planning, minimum guarantee, Appalachian develop ment highway system, recreational trails, safe routes to school, freight intermudal con nectors, coordinated border infrastructure, high risk rural road, and highway safety im provement programs, and each of the STP set-aside programs, is rescinded. (b) ALLOCATION AHONu STATESThe Sec retary shall determine each States share of the amount to be rescinded by subsection (a) on September 30, 2009, by multiplying $12,000,000,000 by the ratio of the aggregate amount appurtionud to such State for fiscal years 2004 through 2009 for all the programs referred to in subsection (a) to the aggregate amount apportioned to all States for such fiscal years fur those programs. (c) CALCULATIONSTO determine the allo cation of the amount to be rescinded for a State under eubauctiun (b) among thu pro grams referred to in subsection (a), the Sec retary shall make the following calculations: (1) The Secretary shalt multiply such amount to be rescinded by the ratio that the aggregate amount of unobligated funds available to the State on September 30, 2009, for each such program bears to the aggregate amount of unobligated funds available to thu State on September 30, 2009, for all such pro grams. (2) Thu Secretary shall multiply such amount to be rescinded by the ratio that the aggregate of the amount apportioned to the State for each such program for Oecal years 2004 through 2009 bears to the aggregate amount apportioned to the State for all Such programs for fiscal years 2004 through 2009. (d) ALLOCATION AHONO PROuRAMS. (1) IN uENERAL.The Secretary, in con sultation with the State, shall rescind for the State from each program referred to in subsection (a) the amount determined for the program under subsection (c)(1). (2) SPECIAL RuLE. (A) RESTORATION OF FUNDS FOE covERED calculated rescission the PROuRAM5.If under subsection (c)(l) for a covered program exceeds the amount calculated fur the cov ered program under subsection (c)(2), the State shall immediately restore to the ap portionment account for the covered pro gram from the unubligated balances of pro grams referred to in aubsectiun (a) (other than covered programs) the amount of funde required so that the net rescission from thu covered program does not exceed the amount calculated for the covered program under subsection (c)(2). (B) TREATMENT OF RESTORED FUNDSAny funds restored under subparagraph (A) shall be deemed to be the funds that were re acinded for

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(f) STP SET-ASIDE PROGRAM DEFINEDIn this section, the term STE set-aside pro gram means the amount set aside under
section 133(d) of title 23, United States Code,

for each of the safety programs, transpor tation enhancement activities, and division between urbanized areas of over 200,000 popu lation and other areas. At the end of title II of the bill, insert the following:
SEC. 2e13. DRUG IMPAIRED DRIVTNG ENFORCE MENT. (a) SNORT TITLEThis section may be cited as the Drug Impaired Driving Re search and Prevention Act. (b) DEFINITIONSIn this section, the fol lowing definitions apply: CONTROLLED supsTANcg.The term (1) controlled substance includes substances

listed in schedules I through V of section 112(e) of the Controlled Substances Act (21
U.S.C. 812(e)). (2) DRuu RECOGNITION ExpERTThe term drug recognition expert means an indi

vidual trained in a spociCc evaluation proce dure that enables the person to determine whether an individual is under the inCuence
of drugs and then to determine the type of

drug causing the observable impairment.

(c) MODEL STATuTE. (1) IN GENERALThe Secretary shall de velop a model statute for States relating to drug impaired driving. (2) CONTENTsThe model statute shall in clude (A) threshold levels of impairment for a controlled substance; (B) practicable methods for detecting the presence of controlled substances; and (C) penalties for drug impaired driving. (3) REcOMMENDATIONsThe model statute shall be based on the recommendations con tained in the report submitted under sub section (f). (4) DATE.The model statute should be provided to States no later than 1 year after submission of the report contained in sub section (f). (d) RE5EARcN AN DgvgLopMENT.-Sectiun 403(b) of title 23, United States Code, is amended by adding at the end the following: (5) New technology to detect drug use. (6) Research and development to improve testing technology, including toxicology lab resources and field test mechanisms to en able States to process toxicology evidence in a more timely manner. (7) Determining per se unlawful impair ment levels for controlled substances and the compound effects of alcohol and controlled substances on impairment to facilitate en forcement of per se drug impaired driving laws. Research under this paragraph shall be carried out in collaboration with the Na tional Institute on Drug Abuse of the Na tional Institutes of Health.. (e) DuTIESThe Administrator of the Na tional Highway Traffic Safety Administra tion shall (1) advise and coordinate with other Fed eral agencies on how to address the problem of driving under the influence of an illegal drug; and (2) conduct research on the prevention, de tection. and prosecution of driving under the influence of an illegal drug. (f) REPORT. (1) IN GENERAL.Not later than 18 months after the date of enactment of this Act, the National Institutes of Health shall submit to the Secretary and to Congress a report on the problem of drug-impaired driving. (2) CONTENTsThe report shall include (A) a description of the extent of the prob lem of driving under the influence of an ille gal drug in each State and any available in

of driving under the influence of an illegal drug; (B) an assessment of the status of drug im paired driving laws in the United States; (C) a review of the compound effects of al cohol and controlled substances on impair ment; (B) the role of drugs as a causal factor in traffic crashes; (H) an assessment of new research and technologies developed in the area of drug detection for dreg-impaired driving enforce ment, including noninvasive methods of de tection; (F) recommendations for addressing the problem of driving under the influence of an illegal drug, including recommendations on levels of impairment; (U) a State-by-State review of drug rec ognition expert programs and recommenda tions fur enhancing those programs through the training and utilization of drug recogni tion experts; and (H) recommendations for developing a model statute relating to drug-impaired driving. (g) FuNDINGOut of amounts appropriated to carry out section 403 of title 23, United States Code, for fiscal years 2006 through 2009, the Secretary shall use $1,200,000 per fis cal year to carry out this section. OF SCHOOL SEC. 2014. TRANSPORTATION CHILDREN. The third sentence of section 402(a) of title 23, United States Code, is amended (1) by striking and before (6); and (2) by inserting before the period at the end and (7) to prevent use of any the following: motor vehicle designed to transport between 9 and 15 passengers (including the driver) for the transportation of children to and from school and events related to school. SEC. 2ess. RURAL STATE EMERGgNGy MEDtCAL PILOT OPTIMIZATION SERVICES PROGRAM. (a) IN GENERALFrOm funds made avail able to carry out section 403 of title 23, United States Code, fur fiscal year 2006, the Secretary shall make $1,008,000 available to conduct a pilot program for optimiaing Emergency Medical Services (EMS) in a rural State. (b) COLLECTING DATA.The pilot program shall focus on collecting geo-coded data fur highway accidents and resulting injuries, analyzing data to develop injury patterns and distributions, and improving placement and management of EMS resources and per sonnel. (c) SELECTIONThe Secretary shall enter into an agreement with the State of Alaska to conduct the pilot program. (d) REPORTNot later than 12 months after the completion of the pilot program, the Secretary shall transmit to the Com mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the pilot program and rec ommendations for application to other rural States. SEC. 20W. STATE APPORTIONMENTS. Section 402(c) of the title 23, United States Code, is amended by striking The annual
,

3010(d) of the bill, after $25,000,000, insert the following: and the total estimated net
capital cost of the project is less than $200,000,000,. In the matter proposed to be inserted as section 5317(c)(3)(A)(i) of title 49, United States Code, by section 3018(a) of the hilt, strike in other than urhanized areas of the State. In section 3023(g)(5), strike the subpara graph designation and heading for subpara graph (B) and insert the following: (B) DEFINITIONs. In section 3023(g)(5)(B) (1) strike the term the first place it ap pears and insert the terms;

(2) insert ,negotiated procurement, and

contractor before for purposes of; and (3) strike the term the second place it appears and insert the terms At the end of section 3023(g)(5), insert the following: (C) POST-AWARD wAIvERsTo permit a grantee to request a non-availability waiver from the Buy America requirements under section 661.7c of title 49, Code of Federal Reg ulations, after contract award in any case in which the contractor has made a certifi cation of compliance with the requirements in good faith. (D) CERTIFICATION UNDER NEGOTIATED PRO cuREMENT PROCESSIn any case in which a negotiated procurement process is used, compliance with the Buy America require ments shall be determined on the basis of the certification submitted with the final offer. At the end of section 3023, add the fol lowing: (i) GOvERNMENT SNARE OF CosTs FOR CER TAIN PROJEcTsSection 53230) is amended (1) by striking (including clean fuel or al ternative fuel vehicle-related equipment); and (1) by inserting or facilities after equip ment each place it occurs. (j) ALTERNATIVE FUELING FAc5LITIE5.Section 5323 is futher amended by adding at the end the following: (p) ALTERNATIVE FGELINO FAcILITIEsA recipient of assistance under this chapter may allow the incidental use of Federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if (1) the incidental use does not interfere with the recipients public transportation operations; (2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private enti ty; (3) the recipient uses revenues received from the incidental use in excess of costs for eligible projects under this chapter; and (4) private entities pay all applicable ex cise taxes on fuel.. At the end of the matter proposed to be in serted in section 5325 of title 49, United States Code, by section 3025(a)(1) of the bill, strike the closing quotation marks and the final period and insert the following: (i) Bus DEALER REQuIREMENTsNO State law requiring buses to be purchased through in-State dealers shall apply to vehicles pur chased with a grant under this chapter. In section 3037(a)(l0), strike $20,000,000 and insert $24,084,000.

apportionment to each State shalt not he

less than one-half of 1 per centum and in sert The annual apportionment to each State shall not be less than three-quarters of 1 percent.

In the matter proposed to be inserted as section 5308(d) of title 49, United States Code, by section 3009 of the bill, strike 35
and insert 25.

formation relating thereto, including a de

scription of any laws relating to the problem

)n the first sentence of the matter pro posed to be inserted as section 5309(d)(l) of title 49, United States Code, by section

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() Alameda, californiaFixed Guideway corridor Project. Strike section 3037(c)(7) and insert the fol lowing: () AtlantaWest Line 120 corridor Project. In section 3037(c)(.10), strike Regional and insert Urban. In section 3037(c)(l1), strike Baltimore Light Rail System Extensions and insert BaltimoreRed Line Tranait Project. After section 3037(c)(11), insert the fol lowing: Transit Line BaltimoreGreen () Project. ()Baton RoogeBus Rapid Transit. After section 3037(c)(10), insert the fol lowing: () Bridgeport, ConnecticutBridgeport Intermodal Facility. In section 3037(c)(25), strike -West. After section 3037(c)(25), insert the fol lowing: () charlotteWest Corridor Project. After section 3037(c)(531, insert the fol lowing: () Florence-Myrtle Beach-charleston, Sooth carolinaHigh Speed Rail corridor. After section 3037(c)(61), insert the fol lowing: () Harrisborg, Pennsylvaniacorridor One MOS2 (East Mechanicsborg to carlisle). () Henderson-Las Vegas-North Las VegasRegional Fixed Goideway Project. After section 3037(c)(10l), insert the fol lowing: () Minneapolis-St. Paol-Hinckley, Mm nesotaRosh Line corridor. Strike section 3037(c)(105). After section 3037(c)(110), insert the fol lowing: () New Bedford-Fall River, Massachu settscommuter Rail Extension. After section 3037(c)(148), insert the fol lowing: () SscramentoDowntown Streetcar Project. After section 3037(c)(154), insert the fol lowing: () Salt Lake-Provocommuter Rail Extension. After section 3037(c)(158), insert the fol lowing: () San DiegoSan Diego Imperial county Mag-Lev Rail Airport corridor Project. Strike section 3037(c)(174). After section 3037(c)(180), insert the fol lowing: () Stamford, connecticutBoston Post Road Intermodal center and capacity Ex pansion Project, Redesignate the paragraphs in section 3037(c) accordingly. After section 3042, insert the following (and redesignate subsequent sections and conform the table of contents accordingly): SEC. 3043. FORGIVENESS OF CB.A1JT AGREEMENT. Notwithstanding any nther provision of law (including any regulation), any out standing balances on the following grant agreements made to the Lane County Tran sit District, Oregon, do not have to be re paid: (1) Federal Contract Number OR030087. (1) Federal Contract Number OR90-X094. In section 4113(a) of the hill, before the closing quotation marks, insert the fol lowing: i31162. Operators registered in Mexico and Canada No operator of a commercial motor vehi cle (as defined in section 31101) licensed in Mexico or Canada may operate in the United States a commercial motor vehicle trans porting hazardous material until the oper ator has undergone a background records

check similar to the background records check required of operators of commercial motor vehicles licensed in the United States to transpurt hazardous materials. In section 4113(b) of the bill, insert before the closing quotation marks the following: 31162. Operators registered in Mexico and Canada. In section 4129 uf the bill, strike State li censed and all that follows through the final periud at the end and insert: Stats li censed or certified Mental Eealth counselors. State licensed or certified marriage and fam ily therapists, or addiction specialists cer tified by the American Academy of Health Care Providers in the Addictive Disorders to act as substance abuse professiunals under subpart 0 of part 40 of title 49, Code of Fed eral Regulations.. Strike section 4130 and insert the fol lowing: SEC. 4530. INTERSTATE VAN OPERATIONS. The Federal motor carrier safety regula tions that apply to Interstate operations of cummercial motor vehicles designed to transport between 9 and 15 passengers (in cluding the driver) shall apply to all Inter state operations of such carriers regardless of the distance traveled. At the end of sebtitle A of title IV of the bill, insert the following: SEC. 4137. TRUCKLOAD FUEL SURCHARGE. (a) IN GENERAL.Chaptcr 137 of title 49, United States Code, is amended by adding at the end the following: i 13714. Fuel surcharge
(a) REQUIREMENT FOP, FUEL SURcHARGE.

(A) INITIAL FRICE.For the period begin ning on the date of enactment of this section and coding immediately before the effective date of the first adjusted Benchmark Price under subparagraph (B), the Benchmark Price shall be $1.10 per gallon of diesel fuel. (B) SU5SEQUENT ADJUSTMENTS.Dnring each calendar year subsequent to the cal endar year of enactment of this section, the Secretary of Transportation shall adjust the Benchmark Price by the percentage change in the previous calendar years Annual Truckload Producer Price Index as deter mined by the Department of Labor and shall publish that adjusted Benchmark Price in the Federal Register. The effective date of each adjusted Benchmark Price shall be the first day of the month following the date of such publication. (3) CURRENT DIESEL FUEL PRICEFor pur poses of this section, the Cerrent Diesel Fuel Price shall (A) be the latest weekly average price fur retail un-highway diesel feel pnblished by the Energy Information Administration for the Petroleum Administration for Defense district or subdistrict where a shipment is physically tendered to the motor carrier, broker, or freight forwarder; and (B) take effect the midnight after the weekly average price is published.
(4) AMOUNT OF FUEL UaEn.In calculating

Any contract or agreement, providing fur truckload transportation or service involv ing a motor carrier, broker, or freight for warder subject to jurisdiction under chapter 135 nf this title that regularly provides such transportation or service, shall include a re quirement that the payer of transportation charges pay a fuel surcharge that is no less than the amount of the Increased Cost of Fuel as determined under subsection (c). (b) IMPLEMENTATIONThe surcharge re quired by subsection (a) U) shall apply during any period in which the Current Diesel Fuel Price surpasses, by $0.05 per gallon of diesel fuel, the Benchmark Price determined under subsection (c): (2) shall expire when the Current Diesel Fuel Price equals or is less than $0.05 above the Benchmark Price set forth in subsection (c); (3) shall be calculated un the date the ap plicable shipment is physically tendered to the motor carrier, broker, or freight for warder; (4) shall be itemized separately on the in voices of the motor carrier, broker, or freight forwarder; (5) shall be paid to the motor carrier, broker, or freight forwarder by the payer of transportation charges; (6) shall not apply to any transpurtatiun contract or agreement, in effect on the date of enactment of this section, that provides for a fuel cost adjustment or surcharge; and (7) may be expressed on a mileage basis, as a percentage of the freight charge, or in any other manner the motor carrier, broker, or freight forwarder elects. (c) CALCULATION OF INcREA5En COST OF
COST OF FUELFor pur poses of this section, the Increased Cost of Fuel shall be the amount determined by sub tracting the Benchmark Price from the Cur rent Diesel Fuel Price and then multiplying the difference by the nember of gallons of diesel fuel used in the transportation or serv ice provided. (2) EENcNBARE PRIcEFor purposes of this section, the following apply: FUEL. U) INCREASED

the number of gallons of diesel fuel used in providing transportation or service under paragraph (I) (A) it shall be assumed that a gallon of diesel fuel is used for each 5 miles of trans portation; and (B) the mileage of the transportation or service provided shall be the number of miles as determined under the Defense Table of Official Distances issued by the Surface De ployment and Distribution Command, De partment of Defense or coder any applicable mileage guide established under section 13703(a)(l)(D).
(d) LIMITATION ON AUrHoRITY,Notwith

standing any other provision of this part, any action to enforce this section may only be brought by the motor carrier, broker, or freight forwarder that provided the transpor tation services against the payor of the transportation charges or by the payor of the transportation charges against the motor carrier, broker, of freight forwarder that pro vided the transportation services. In such ac tion, a court shall have the authority to de termine whether a fuel surcharge required under this section has been assessed or paid. A court shall not have the authority in such action to review any other charges imposed by the provider of the transportation serv ices. Notwithstanding the publication of the Benchmark Price under subsection (c)(2), neither the Secretary of Transportation nor the Surface Transportation Board shall have regulatory or enforcement authority relat ing to provisions of this section. (c) DEFIBITIONS.In this section, the fol lowing definitions apply: The term payer of transportation charges means any person who pays for the transpor tation or service involved. (2) PERSON RESPONSIBLE FOR PAYING FOR FUEL.The term person responsible for pay ing for feel means any person who bears the cost of fuel used for the transportation or service involved..
(b) CLERICAL AMENnMENT.The analysis

U)

PAYEE OF TRANSPORTATION cNARUES.

fur such chapter is amended by adding at the end the following: 13714. Fuel surcharge.. (c) CONFORMING A5IENnMENT.Section 14102 of title 49, United States Code is amended by adding at the end the following:
(c) MANnATORY BEARER. PASS-THROUOH TO COST

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(1) IN GENERALA motor carrier, broker, or freight forwarder providing transpor tation or service osing fuel not paid for by it (A) shall pass throogh to the person re sponsible for paying for fuel any fuel sur charge or adjustment required porsuant to section 13714 or provided for in a transpor tation contract or agreement at the same time payment for the transportation or serv ice is made to the person responsible for pay ing for fuel; (B) shall disclose in writing to the person responsible for paying for fuel the amount of all freight rates, charges, and fuel surcharges applicable to that transportation or service; and (C) may not reduce, for the purpose of ad justing fur or avoiding the pass-through of a fuel surcharge, nonfuel related compen satory transportation payments to the per son responsible for paying for fuel. (2) LIMITATION ON AUTNORITY.Notwith

cisiuns; continue and expand studies on the comparative costs of transportation and the

tatiun: Defining the Need, Converging on So lutions. In carrying out the research

effects of different development patterns, particularly for economically disadvantaged

communities; and develop and test new methods for integrating public involvement into transportation analysis and decisionmaking, and examine the implications of emerging citizen coalitions for environ mental and social justice after conflict

projects, the National Academy of Sciences shall consult with the Administrator. (hI REPORTNot later than 0 months after the date of enactment of this Act, the Sec retary shall transmit a report to the Com mittee on Transportation and Infrastructure
of the House of Representatives and the

resolution; (5) in subsection (e)(4) strike and the last place it appears; (6) in subsection (e)(4) insert ; and analyze user response to and future demand for envi ronmentally beneficial vehicles, fuels, and mobility services, such as the demand for and use of new environmentally beneficial vehicles and feels after new technologies; (7) in subsection (e)(5) strike and develop and insert develop; (8) in sebsection fe)(5) insert ; continue
and expand research on the impacts of trans portation facilities; and assess and compare

Committee on Commerce, Science, and Transportation of the Senate on the need to

establish a cooperative research program on

hazarduue materials transportation. (c) FUNDINO.Of the amounts made avail able by section 510l(a)(1) of this Act, $1,000,000 for each of fiscal years 2005 through 2009 shall be available to carry out this sec tion. At the end of subtitle D of title V of the bill, insert the following:
SEC. 5463, TRANSPORTATION TECHNOLOGY IN
NOVATION AND DEMONSTRATION

PROGRAM,

standing any other provision of this part, the person responsible for paying for fuel may
bring an action to enforce this subsection under section 14704 against the motor car

alternative

transportation

and

land

use

rier, freight forwarder, or broker providing the transportation services with vehicles nut owned by it or with fuel not paid for by it. Neither the Secretary of Transportation nor the Surface Transportation Board shall have regulatory or enforcement authority relat ing to provisions of this subsection.. In the matter prnpueed to be inserted as section 507 of title 23, United States Code, by section 5203 of the bill (1) in subsection (e)(2) strike and develop
and insert develop; (2) in subsection (e)(2) insert ; expand re search and thinking on the uses fur and vege tation of transportation corridors in the

strategies, such as models for regional co operation after systematic fashion;

(9) in subsection (e)(0) strike and develop

and insert develop; and

Section 5117(b)(I) of the Transportatiun Eq uity Act for the 21st Century (23 U.S.C. 502 note) is amended (1) in subparagraph (B)(i) (A) by striking Huild an and inserting Build or integrate an;
(H) by striking $2,000,000 and inserting $2,500,000;

(10) in subsection (e)(6) insert ; develop a more effective understanding of the percep tions and priorities of the transportation systems customers (users and taxpayers); develop a more effective understanding of the nature of personal travel, as well as asso
ciated trends and decision processes; develop a more effective understanding of the nature of commercial travel and the freight indus try, as well as associated trends and decision processes, including key trends such as e commerce and e-freight; develop a more ef fective understanding of the role of transpor tation services and facilities in the economy; develop techniques for identifying commu nity aspirations and crafting commenity and

(C) by striking 300,000 and that and in serting a comma; and (D) by inserting before the period at the and includes majur end the following: transportation corridors serving that metro politan area; (2) in subparagraph (C)(ii) by striking by July 1, 2002 end inserting by 6 months
,

after the date of enactment of the Transpor tation Equity Act: A Legacy fnr Users; and (3) in subparagraph (E) by striking clause

United States; expand research efforts aimed at understanding wildlife movement near corridors, ruadkill rates, and road-barrier ef
fects and at developing efficient mitigation

designs for road crossing by animals; cata lyze research on the effects of corridors and traffic on adjoining land, including trsffic disturbance and the spread of invasive spe cies; conduct further research on means of restoring natural hydrologic and sediment
flows and distributions in the vicinity of roads; expand research on transportations

regional visions related to transportation planning; develop tools that incorporate the complex dynamics of travel behavior, and de velop the reliable data sets needed for these
models; and develop methods and instits tional structures for integrating transpor tation planning, programming, design, and operation after determine effectiveness. At the end of section 5204 of the bill, insert the following: (0 TURNER-FAIROANE FAcILITYOf the funds made available to carry out section 5101(a)(l), $1,000,000 shall be made available by the Secretary for each of fiscal years 2005 through 2008 to provide for physical dem onstrations of the ongoing work at the Turn er-Fairbanks facitity with respect to ultra high performance concrete with ductility.

(ii) and inserting the following: (ii) The term follow-on deployment areas means the metropolitan areas of Al bany, Atlanta, Austin, Baltimore, Bir mingham, Boston, Burlington, Charlotte, Chicago, Cleveland, Columbus, Dallas/Ft. Worth, Denver, Detroit, Greensboro. Hart ford, Houston, Indianapolis, Jacksonville, Kansas City, Las Vegas, Los Angeles, Luuis
ville, Miami, Milwaukee, Minneapolis- St. Paul, Nashville, New Orleans, New York/ Northern New Jersey, Norfolk, Northern

effects on water quality, aquatic ecosystems, and fish in various bodies of water and on
ecologically effective solutions; support, ex pand, and initiate research on the ecological effects of air pollutants from roads and vehi cles at the roadside, neighborhood, regional, and global levels; develop road-network mod els and approaches for reducing habitat frag mentation, population extinction, wildlife-

Kentucky/Cincinnati, Oklahoma City, Or lando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence, Raleigh, Richmond, Sacramento, Salt Lake, San Diego, San Francisco, San Jose, St. Louis, Seattle,
Tampa, Tucson, Tulsa, and Washington, Dis

trict of Columbia.; In title VII of the bill, strike section 7115.

.

corridor, and remote-area impacts; foster collaborative landscape-wide environmental analyses by engineers, ecologists, and plan ners, with an emphasis on combining eco logical solutions with other societal objec tives; and stimulate research on under standing public preferences for improve ments in natural systems of both short- and long-term significance to society after en hancement measures; (3) in subsection (e)(3) strike and develop and insert develop; (4) in subsection (e)(3) insert ; develop operational definitions and indicators for en vironmental justice and social equity as the concepts pertain to transportation; develop
and demonstrate methods that can be used to display the incidence of transportation

In section 5205(h)(3)

of the

bill,

strike

Redesignate subsequent sections uf title VII, and conform the table of contents, accord ingly.

$3,000,000 and insert $3,510,000. At the end of section 5215 of the bill, insert the following:

(d) AuTH0RiSATI0N.From the amounts made available in section 5101(a)fi), $500,000 shall be available for each of fiscal years 2005 through 2009 to carry nut this section. In section 5251(a) of title 49, United States Code, as proposed to be added by section 6002 of the bill, strike section and insert sub chapter. At the end of subtitle B of title V of the the bill, insert the following (and conform table of contents of the bill accordingly): SEC. 5216, HAZARDOUS MATERIALS RESEARCH
PROJECTS. (a) IN GENERALThe Administrator of the

In section 7009(e), strike Pipelines and insert Pipeline. At the end of title VII of the bill, insert
the

project and program effects, both beneficial and adverse, and develop improved methods
for evaluating costs and benefits when they are not evenly distributed, including envi ronmental and social justice impact criteria in system performance measures used in transportation planning and investment de

Pipeline and Hazardous Materials Safety Ad ministration shall enter into a contract with the National Academy of Sciences to carry
out the 9 research projects called fur in the 2005 Special Heport 283 of the Transportation Research Board entitled Cooperative Re search for Hazardous Materials Tranepur

March 10, 2005

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H1299

homeland security advantages and disadvan tages of operating a common carrier pipeline system in the States of Texas, Louisiana, Mississippi, and Alabama for the transpor tation of aromatic chemicals. (b) EVALUATIONIn conducting the study, the Secretary shall evaluate the appropriate ness of different Federal incentives for the construction and operation of such a pipeline system, including loan guarantees, other types of financial assistance, and various types of tax incentives. (c) REPORTNot later than December 31, 2005, the Secretary shall transmit to Con gress a report on the results of the study, in cluding recommendations, if any, for legisla tion. At the end of the bill, add the following (and conform the table of contents of the bill accordingly): TITLE tXHAIL PROVISIONS SEC. 9101. HIGH-SPEED RAIL CORRIDOR DEVEL OPMENT. (a) CORRIDOR DEVELOPMENT.(1) AMENDMENTS.Sectiun 26101 of title 49, Dnited States Code, is amended (A) in the section heading, by striking planning and inserting development; (H) in the heading uf subsection (a), by striking PLANNING and inserting DEVEL OPMENT; (C) by striking corridor planning each place it appears and inserting corridor de velopment; (D) in subsection (b)(IJ (i) by inserting , or if it is an activity de scribed in subparagraph (Ml after highspeed rail improvements; (H) by striking and at the end of sub paragraph (K); (Hi) by striking the period at the end of subparagraph (L) and inserting ; and; and (iv) by adding at the end the following new subparagraph: (M) the acquisition of locomotives, roll ing stock, track, and signal equipment.; and (E) in subsection (c)(2), by striking plan ning and inserting development. (2) C0NFORMINu AMENDMENTThe item re lating to section 26101 in the table of sec tions of chapter 261 of title 49, United States Code, is amended by striking planning and inserting development. (b) AUTHORIZATION OF APPROPRIATIONS. Section 26104 of title 49, United States Code, is amended tu read as follows: 8 26104. Authorization of appropriations (a) FISCAL YEARS 2006 TNROUIIH 2013. There are authorized to be appropriated to the Secretary (1) $70,000,000 for carrying out section 26101; and (2) $30,000,000 fur carrying out section 26102, for each of the fiscal years 2006 through 2013. (b) FUNDS TO REMAIN AVAILABLEFunds made available onder this section shall re main available until expended.. TITLE XTAX PROVISIONS SEC. ieees. SHORT TITLE. This title may be cited as the Highway Reauthorization Tax Act of 2005. SEC. seoe2. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUNDS. (a) EXTENSION OF TAXES. (1) IN OENERAL.The following provisions of the Internal Revenue Code of 1916 are each amended by striking 2005 each place it ap pears and inserting 2031: (A) Section 4041(a)(1)(U)(iii)(I) (relating to rate of tax on certain buses). (B) Section 4041(a)(2)(B) (relating to rate of tax on special motor fuels). (C) Section 404t(m)(l) (relating to certain alcohol fuels).

(D) Section 4051(c) (relating to termination of tax on heavy trncka and trailers). (E) Section 4071(d) (relating to termination of tax on tires). (F) Section 4081(d)(1) (relating to termi nation of tax on gaaotine, diesel fuel, and kerosene). (0) Section 4481(f) (relating to period tax in effect). (H) Section 4482(c)(4) (relating to taxable period). (I) Section 4482(d) (relating to special rule for taxable period in which termination date occnrs). REFUNDSSection FLOOR STOCES (2) 6412(a)(1) of such Code (relating to floor stocks refunds) is amended (A) by striking 2005 each place it appears and inserting 2011, and (B) by striking 2006 each place it appears and inserting 2012. (b) EXTENSION OF CERTAIN EXEMPTIONS. The following provisions of such Code are each amended by striking 2005 and insert ing 2011: (1) Section 4221(a) (relating to certain taxfree sales). (2) Section 4483(h) (relating to termination of exemptions for highway use tax). (c) EXTENSION OF DEPOSITS INTO TRUST FUNDS. (1) IN GENERALParagraphs (1) and (2) of subsection (b), and paragraphs (2) and (3) of subsection (cl, of section 9503 of such Code (relating to the Highway Trust Fund) are each amended (A) by striking 2005 each place it appears and inserting 2011, and (H) by striking 2006 each place it appears and inserting 2012. (2) MOTORBOAT ANn SMALL-ENGINE FUEL TAX TRANSFERS. (A) IN OENERAL.Paragraphs (4)(A)(i) and (5)(A) of section 9503(c) of such Code are each amended by striking 2005 and inserting 2011. (B) CONFORMIND AMENDMENTS TO LAND AND WATER CONSERVATION FUNDSection 201(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460111(b)) is amended (i) by striking 2003 and inserting 2009, and (H) by striking 2004 each place it appears and inserting 2010. (d) EXTENSION AND EXPANSION OF EXPENDI TURES FROM TRUST Fifilos. (1) EIONwAY TRUST FUND. (A) HIcHwAY AccouNTParagraph (1) of

(J) Transportation Equity Act: A Legacy

for Users,, and (v) in the matter after subparagraph (J), as added by clause (iv), by striking Surface Transportation Extension Act of 2004, Part V and inserting Transportation Equity Act: A Legacy for Users. (C) EXCEPTION TO LIMITATION ON TRANS FERS.Subparagraph (B) of section 9503(b)(6) of such Code is amended by striking June 1, 2005 and inserting October 1, 2009. (2) AQUATIc RESOURCES TRUST FUND. (A) SPORT FISH RESTORATION AccOUNT. Paragraph (2) of section 9504(b) of such Code is amended by striking Surface Transpor tation Extension Act of 2004, Part V each place it appears and inserting Transpor tation Equity Act: A Legacy for Users. (B) BOAT SAFETY AccOUNT.Subsectiun (c) of section 9504 of such Code is amended (i) by striking June 1, 2005 and inserting October 1, 2009, and (H) by striking Surface Transportation Extension Act of 2004, Part V and inserting Transportation Equity Act: A Legacy for Users (C) EXCEPTION TO LIMITATION ON TRANS FERS.Paragraph (2) of section 9504(d) of

such Code is amended by striking June 1,

2005 and inserting October 1, 2009. (e) EFFEcTIVE DATE.The amendments made by this section shall take effect on the

date of the enactment of this Act.

SEC. Ieee3. TEcHNTCAL CORRECTIONS REGARD ING HIGHWAY-RELATED TAXES. (a) AMENDMENTS RELATED TO SEcTION 301 OF TNE AMERIcAN Jnss CREATION ACT OF 2004.Section 6427 of such Code is amended (1) by striking subsection (0. and (2) by striking subsection (0) and redesig nating subsection (p) as subsection (o). (b) AMENDMENTS RELATED TO SEcTION 853 OF TNE AMERICAN Joas CREATION ACT OF 2004. (1) Subparagraph (C) of section 4081(a)(2) of the Internal Revenue Code of 1986 is amended by striking for use in commercial aviation

and inserting for use in commercial avia

tion by a person registered fur such use under section 4101. (2) So much of paragraph (2) of section 4081(d) of such Code as precedes subpara graph (A) is amended to read as follows: (2) AVIATION FUELSThe rates of tax specified in clauses (H) and (iv) of subsection (a)(2)(A) shall be 4.3 cents per gallon. (c) EFFECTIVE DATE.The amendments made by this aeotiuo shall take effect as if included in the provisions of the American Jobs Creation Act of 2004 to which they re

section 9503(c) of such Code is amended (i) in the matter before subparagraph (A),
by striking June 1, 2005 and inserting Oc tober 1, 2009, (H) by striking or at the end of subpara

late.
The Acting UHAIRMAN. Pursuant to House Resolution 144, tho gentleman from Alaska (Mr. YOUNG) and a Mem ber opposed each will control 15 min utes.

graph (J),
(Hi) by striking the period at the end of subparagraph (K) and inserting , or, (iv) by inserting after subparagraph (K) the following new subparagraph: (L) authorized to be paid out of the High way Trust Fund under the Transportation Equity Act: A Legacy for Users., and (v) in the matter after subparagraph (L), as added by clause (iv), by striking Surface Transportation Extension Act of 2004, Part V and inserting Transportation Equity Act: A Legacy for Users. (B) MASS TRANSIT AccoUNTParagraph (3) of section 9503(e) of such Code is amended (i) in the matter before subparagraph (A), by striking June 1, 2005 and inserting Oc tober 1, 2009, (H) by striking or at the end of subpara graph (E), (Hi) by inserting or at the end of sub paragraph (I), (iv) by inserting after subparagraph (I) the following new subparagraph:

The chair recognizes the gentleman from Alaska (Mr. YOUNG). Mr. YOUNG of Alaska. Mr. Chair man, I yield myself such time as I may consume. This is a bipartisan amendment, sub mitted by the gentleman from Min nesota (Mr. OBERSTAR) and me, and I urge the passage of the amendment. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, I support the managers amendment. It is a delicate balance which we have reached, and we need to pass it now.

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Mr. EHLERS. Chairman YOUNG and Rank ing Member OSERSTAR have done an impres sive job moving the transportation reauthoriza tion so quickly in the 109th Congress. With this summers construction season nearly upon us, it is critical that we enact a strong transportation bill prior to the current exten sions expirationMay 31, 2005. Its just as critical that this legislation be fair for all States. Thats why Ive supported efforts to increase the rate-of-return in the minimum guarantee to 95 percent. Keeping the scope of programs covered by TEA 21s Minimum Guarantee calculation at the TEA 21 level of 92.6 percent is an essen tial part of achieving improved highway fund ing equity. Keeping the scope in TEALU consistent with current law wilt provide more funding to my States core programs and help address the funding inequities for donor States. I am pleased that the Managers Amend. ment includes a new distribution formula that brings the scope of programs covered by the Minimum Guarantee closer to current law under TEA 21. Michigan and other donor States need to prevent going backwards on scope and to improve our rate of return to 95 percent. I thank Chairman YOUNG for his cooperation with donor States on this issue. I hope to work with my colleagues to improve the rate-ot-re turn when we get to conference with the Sen ate. For my State, were depending on a high. er rate of return as well as the scope improve ments were making today. Ms. JACKSON-LEE of Texas. Mr. Chair man, I rise to commend Chairman YOUNG and Ranking Member OBERSTAR, as well as the Subcommittee leadership for their hard work in crafting the underlying legislation. However, I offer my support for the Managers Amend ment that seeks to incorporate very important initiatives that were contained in some of the amendments that were made in order by the Committee on Rules. While the underlying bitt before us proposes to provide $620 million for some 175 high pri ority projects in the State of Texas, there re main issues that will pose significant problems for Houston and for Texas unless this body of fers its commitment to address in fhe future. Toll credits are a significant resource for transit providers because they can use them in lieu of obtaining a Federal matchthereby greatly expediting the development of major projects that serve the communities. This amendment will cripple the value of the toll credit program. Without the revenue from toll credits, Texas will have less funding for the reduction of con gestion and the improvement of air quality. In reducing an otherwise viable revenue stream, this amendment would restrict local govern. ments like Houston from choosing the best tool to respond to local conditions and prior ities. I would have voted against the amend ment that would prohibit the tolling of new inlerstates, including the 169 Corridor, which tacks an alternate source of financing. I ask that the Committee on Transportation and Infrastructure continue its efforts to pro vide funds to complete the Interstate 69 Cor ridor. The termination of the Interstate Pro

gram in 1995 left no mechanism to finish the nations few remaining incomplete Interstates such as 169. Currently, there is no program to fund major projects which benefit the nation

as a whole but whose costs exceed states apportioned funds. Based on these needs, I ask my colleagues to include the National Cor ridor Infrastructure Improvement Program and the Projects of National and Regional Signifi cance provisions in the bill underlying today. Furthermore, I ask that the Committee include them at a funding level equal to those in cluded in H.R. 3550. The Managers Amendment proposes key technical and program improvements to the underlying bill language. In particular, I sup port the changes to the calculation of Rev enue Aligned Budget Authority (RABA; re establishment of budgetary firewalls for high ways and transit programs; reauthorization of the Swift Rail Act at $100 million per year (title IX of the bill); and extension ot revenue provi sions approved by the Ways and Means Com mittee. Moreover, I support the improvements to the bill proposed in the Managers amendment. In particular, due to the tremendous bipartisan efforts of my colleagues, the amendment now includes language to guarantee that TEA 21s 90.5 percent Minimum Guarantee is protected, with a scope defined as no less than 92.6 per cent of the highway program funds in the bill. This is a significant improvement over the bill passed by the House last year. I thank the distinguished Majority Leader for his work in ensuring that this measure will protect these provisions, allowing the House to move into conference in a stronger negotiating position toward achieving a higher MG above 90.5 per cent. The Managers Amendment makes this a better bill for Houstonians and for Texans. I would like to offer my support for the amendment offered by Mr. DAVIS of Virginia that will ensure that tolls are applied equally to all users of toll facilities. This amendment would eliminate language in the underlying bill that requires tower tolls to be charged to low income drivers. Since the administration of dif ferential tolls may be challenging for our exist ing and future loll authorities, this amendment will make important adjustments to the under lying bill. Secondly, I support the Burgess Amend ment, which would change the calculation for transportation development credits to ensure that Texas and other states with loll facilities are able to take full advantage of these credits for the benefit of our transit, highway, and highway safety programs. This proposal is vital to the provision of a pro rata calculation of the credits so that we are not penalized for using Federal dollars in our transportation de velopment projects. I support this amendment and ask that my colleagues join me as the Gentleman brings this proposal to the floor. Furthermore, I support the proposal of Mr. PrrTS that would provide a temporary transi tion period for transit entities (including three in Texas) thaI, under the most recent Census, are now subject to the over 200,000 popu lation prohibition on the use of transit formula dollars for operating expenses. The Pills amendment would allow those small transit entities in this new situation to use up to 50 percent of their formula funds for operating ex penses for FYs 2005 through 2007 and up to 25 percent of the formula funds for operating expenses in FY5 2008 and 2009. In addition, I join my colleague from Texas, Mr. BARTON in the initiative of his amendment to require studies and assessments of risks to human health or the environment to use sound and objective scientific practices.

Mr. Chairman, for the foregoing reasons, I support the Managers Amendment and urge my colleagues to do the same. Mr. YOUNG of Alaska. Mr. Chair man, I yield back my time. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from Alaska (Mr. YOUNG). The amendment was agreed to. The Acting CHAIRMAN. It is now in order to consider amendment No. 2 printed in House Report 109-15. 0 1145
AMENDMENT NO. 2 OFFERED BY MR. TOM DAVIS OF VIRGINIA

Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN (Mr. BASS). The Clerk will designate the amend m ent. The text of the amendment is as fol lows: Amendment No. 2 offered by Mr. TOM DAVIS of Virginia: Page 138, at the end of line 16, insert and. Page 138, line 18, strike ; and and insert a period. Page 138, strike lines 19 and 20. Page 145, strike tine 24 and alt that follows through line 5 on page 146. Page 146, line 6, strike (C) and insert (b). Page 146, line 15, strike (d) and insert
(c).

Page 235. at tIre end of line 14, insert and.

Page Page

235, strike lines 15 through 18. 235, tine 19, strike (7) and insert

(6). Page Page Page (5). The House

240, at the end of line 9, insert and. 240, strike lines 10 through 13. 240, line 14. strike (6) and insert

Acting CHAIRMAN. Pursuant to Resolution 144, the gentleman from Virginia (Mr. ToM DAVIS) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Virginia (Mr. TOM DAVIS). Mr. TOM DAVIS of Virginia. Mi. Chairman, I yield myself such time as I may consume. Mr. Chairman, let me address my friends on the other side, because they are aware of our traffic problems in Northern Virginia where we have tried to get infusions of money to take care of the second-largest traffic jams in the country, and we have arrived at something cafled the HOT lanes, these high-occupancy toll lanes that we are looking at for a public-private coopera tion that we would use along the Belt way and possibly 166. This is a partnership. The Federal Government will fund part of it, but there is just not enough money in the highway bill, or at least we have not been able to get enough money out of the highway bill, if the gentleman would help on that there would be no need for this amendment, to build these extra lanes. We have the private sector coming in and building the lanes, and then the users do the tolls on the lanes, and that is how we lay as phalt. Because there is not

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money at the State, local, and Federal levels to lay enough asphalt on these lanes; and so we are using tolls in some of these areas. The current bill contains several pro visions that make itdifficult for us to collect tolls on the interstate highway without trying to decide how much money people make, and there is al most a means testing into who uses them. It is very, very difficult to deter mine how much you are going to col lect to get your bonds, what percent are low income and what percent are high income, and so we basically knock that out of the current language in this legislation. I support the provisions that allow the high-occupancy tolls, but I am con cerned about the requirement for States to establish procedures to per mit low-income individuals to pay re duced tolls. These are user fees. These are not taxes. This requirement would impose unmanageable requirements on those States who would otherwise like to make use of these tolling provisions, and in our case it is the only way we can lay down new pavement. The Commonwealth of Virginia now seeks to use toll provisions to finance several important projects, including widening of the Capital Beltway, add ing HOT lanes to 195, and adding dedi cated truck lanes on 181 in the Shen andoah Valley. The Capital Beltway HOT lane proposal, which would great ly benefit my constituents, as an exam ple, is a public-private partnership. In addition, the 181 partnership is an other example. These partnerships are increasingly important as Virginia and, I think, other States in the Union grapple with massive infrastructure needs that are not met, even though this bill will help toward our final re sults. In this instance, the ability of tolls on a HOT lane to pay for construction has been determined by cost-benefit analysis, which would be skewed by some users not paying the full toll. As we look for these public-private part nerships to take over construction of some road projects, it is important not to set a precedent for eliminating or reducing tolls which could affect bond financing. In addition, the cost of a bureaucracy to administer a reduced-toll program would add tremendously to the cost of operating a toll facility and I believe would provide a strong disincentive for private investment. The existence of automated tolling technologies does not address the issue. The most funda mental question is how the Depart ment of Transportation would deter mine the income. It seems to me this would be extraordinarily problematic and would make tolling an impractical option. Tolls are user fees, not taxes. There are currently no tolling facilities in the country that provide an incomebased discount. Furthermore, no other highway-user expenses are regulated by the Federal Government to require dis

counts based on income: not the gas tax, not the price of automobiles, and not the price of auto insurance. Why do we single out tolls? Finally, I want to make clear that while I do not think that income-based tolling is a viable solution, my amend ment would not stop anybody from doing it. The Governor of Virginia does not think it is practical, but the Gov ernor of another State might have an other view, and that flexibility would remain in this legislation if my amend ment passes. Frankly, I would be interested in see ing how a State might implement in come-based tolling. But this provision would amount to a considerable man date upon the States, a mandate I do not believe we should add to their al ready full plate with growing transpor tation infrastructure needs. This just takes some of the flexibilities we are trying to employ outside the box now off the table. So, Mr. Chairman, I would hope the House would adopt this amendment. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, how much time remains for the gentleman from Virginia? The Acting CHAIRMAN. The gen tleman from Virginia (Mr. TOM DAVIS) has 1 minute remaining. Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition to the gentlemans amendment, and I yield myself 4 minutes. We have waited patiently for the gen tleman to arrive, and recognize that he has, like all of us, many demands on his time. I am glad the gentleman is here to offer his amendment, and we understand the problems in this com mittee of Northern Virginia, which the gentleman so ably represents. In the fashioning of TEA2l, along with the gentlemans Senator, Senator WARNER, and former Chairman Shu ster, we supported the Wilson Bridge, which all of America contributed out of the Highway Trust Fund over $900 mil lion. This is the only bridge of its kind in the country to get that kind of spe cial consideration. We recognize, and I have watched the growth of toll facili ties in the Dulles access corridor. I un derstand those problems that this growth-bedeviled area has had to cope with. However, there is a very serious prob lem here of low-income people living in an area distant from the job. My daughter worked at Jubilee Jobs in the Adams-Morgan area in D.C. placing people who came out of homeless shel ters, people who had just been released from prison, people who, through, in many cases, no fault of their own, had just fallen through the welfare safety net, There were a number of jobs avail able for those people out at Dulles Air port, but they could not afford to drive. There is no public transportation for them to take to get out to Dulles Air port to match the person with the job. Their jobs went unanswered and people

went jobless because of the cost of transportation. Chicago, Chicago experienced In white flight to the suburbs. The sub urbs needed people to perform work in stores, in homes, in facilities, hos pitals, and nursing homes; but the workers were in the city. Chicago initi ated a welfare-to-work program to pro vide compensation for those who would still live in their neighborhoods in the city, but provide the jobs in the sub urbs. For every thousand jobs in the suburbs a $10 million economic benefit resulted. Now, Chicago could set up a very simple process of matching the welfare workers, the welfare-level workers to the jobs and provide assistance to them. So can Virginia. So can other States. There is no need to say, oh, there is going to be a huge bureaucracy created. It is a very simple process. A person comes in and shows their irnme diate basis and applies for the assist ance, applies for whatever designation is required, the FAST pass or the des ignation to get through the toll facil ity. It does not cost anything addi tional. And if there is a derogation of dollars to the toll facility, then the State in the public interest can make that up. All we are saying in the legislation pending is that low-income people pay a higher percentage of their household income for transportation than other income groups, and tolling facilities should not drive people out of the job marketplace. Mr. Chairman, I reserve the balance of my time. Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield 30 seconds to the gentleman from Virginia (Mr. MORAN), my colleague and friend from Northern Virginia. Mr. MORAN of Virginia. Mr. Chair man, I support this amendment. Gov ernor Warner of Virginia has contacted us in support of Mr. DAVISS amend ment because he does not see how ex empting low-income people from hav ing to pay is enforceable. I fully agree with the gentleman from Minnesota (Mr. OBERSTAR), my very good friend, that we do not want to put people in situations that they cannot afford, particularly the working class that we are trying to provide ade quate transportation for, so that they can get to work in a timely manner. In so many of our States, however, I certainly know in Northern Virginia, we do not have a way to move anybody unless we can figure out some more in novative way, and these HOT lanes do seem to give us the means to provide more transportation access. And I do not see how it is enforceable to do what the gentleman from Minnesota wants to do. Mr. TOM DAVIS of Virginia. Mr. Chairman, I yield myself the balance of my time. Let me say to my friend, if you really want to help poor people, build addi tional lanes of traffic and get some of

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the traffic off the road so they can get onto the conventional lanes. That is what this does. This is the only way we have found to lay new pavement in Northern Vir ginia, unless we can come up with bfl lions more dollars that we cannot get into this bill. Poor people would still be able to use existing roads to get there. This will divert traffic that is currently on those roads into other lanes as well. I agree with the gentleman in terms of the impact that this has on low-in come families, but I think the current language is not the way to do it; and I kindly ask for favorable consideration of my amendment.

fJ 1200 Mr. OBERSTAR. Mr. Chairman, the language in the bill just directs States to establish a program and procedures. All you have to do is issue a pass to the individuals based on their qualification as a low-income person and use the pass to get through the tolling facility. That is all we are saying. facilities toll those Otherwise, produce Lexus lanes, produce Mercedes and Hummer lanes, who will whiz through while the poor folk cannot af ford to get through. I know from per I have traveled sonal experience. around this country to areas where we have those problems, either some com munities have responded by investing in transit systems so that low-income people, as in Sacramento, 3,200 low-in come persons were able to use their transit system to get to jobs. You are not doing that in Northern Virginia for various reasons. I concur with what the gentleman says, another $90 billion invested in transportation, as this committee introduced the bill in its original form, would take care of this problem. But we must insist on the committee position and defeat the AMENOMENT NO. 3 OFFERED BY MR. BURGESS gentlemans amendment. Mr. BURGESS. Mr. Chairman, I offer Ms. JACKSON-LEE of Texas. Mr. Chair an amendment. man, I rise to strongly oppose the Davis of Vir The Acting CHAIRMAN. The Clerk ginia amendment to TEALU, which would re will designate the amendment. move the requirement that toll rates on high The text of the amendment is as fol occupancy loll lanes be differentiated for low lows; income drivers. I find it unfortunate that Mem Amendment No. 3 offered by Mr. BURGESs: bers of this body would offer amendments to At the end of subtitle H of title I of the this legislation that effectively say that lower bill, add the following (and conform the income individuals are on the same financial table of contents of the bill accordingly): footing as those who are in upper income SECTION 1838. TRANSPORTATION DEVEL0pMENr CREIJITS. brackets. Section 120(j)(l) of title 23, United States The fact is that we as Americans have de cided that those who make less, share less of code, is amended (1) by striking A State and inserting the the burden to bring revenue into our local, following: government. Indeed, we all State, and Federal (A) IN GENERALA State; and know that we are taxed based on our income (2) by striking the last sentence and insert and value of our possessions. In the same ing the following: vein, tolls that will go towards paying for public (B) SPECIAL RULE FOR USE OF FEDERAL transportation projects, should have some var FUNDS.If the public, quasi-public, or pri iability based on the income of drivers. This vate agency has built, improved, or main funds, the principle is applied throughout our economic tained the facility using Federal under this paragraph shall be reduced practices and it is a fair principle because we credit by a percentage equal to the percentage of recognize that unduly burdening lower income the total cost of building, improving, or individuals will onty weaken our national econ maintaining the facility that was derived omy. from Federal funds. The fact is that lower income Americans de (C) FEDERAL FUNDS DEFINED. In this pond on their automobiles the same way high paragraph, the term Federal funds does not er income Americans do. Lower income Amer include loans of Federal funds or other finan

cans often need their cars to reach jobs they cant otherwise reach through public transpor tation. They use their cars to transport their families and fake part in commerce that would otherwise be unavailable to them without their own private transportation. However, if we in sist on making tower income drivers pay the same tolls as higher income drivers then we make the cost of transportation more prohibi tive for lower income Americans. These driv ers already have to deal with the soaring costs of fuel and the high premiums they pay to maintain car insurance. If we also burden them with high tolls then we will keep them from achieving their potential and we can only hurt our overall society that benefits from lower unemployment and increased com merce. I urge the Members of this body to reject this amendment because it only seeks to cre ate a larger burden upon tower income Ameri cans. We must all be given a chance to achieve the American Dream and this dream is made harder for too many lower class Americans when we unfairly raise the level of their tolls. The Acting CHAIRMAN (Mr. BASS). The question is on the amendment of fered by the gentleman from Virginia (Mr. TOM DAVIS). The question was taken; and the Act ing Chairman announced that the ayes appeared to have it. Mr. OBERSTAR. Mr. Chairman, I de mand a recorded vote, and pending that, I make the point of order that a quorum is not present. The Acting CHAIRMAN. Pm-suant to clause 6 of rule XVIII, further pro ceedings on the amendment offered by the gentleman from Virginia (Mr. TOM DAVIS) will be postponed. The point of no quorum is considered withdrawn. The Acting CHAIRMAN. It is now in order to consider Amendment No. 3 printed in Part B of House Report 109 15.

cial assistance that must be repaid to the Government.. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman
from Texas (Mr. BURGEss) and a Mem ber opposed each will control 5 min
utes.

The Chair recognizes the gentleman from Texas (Mr. BURGESS.) Mr. BURGESS; Mr. Chairman, I yield myself such time as I may consume. The amendment that I offer today addresses an important issue of fair ness, flexibility and opportunity ac cording to how we finance our Nations transportation systems. I believe that States Should be cred ited for their non-Federal investment in revenue-generating transportation facilities to address their regional transportation needs. As of 2003, 20 States have applied to the Federal Highway Administration for Federal
credits based on their toll revenoe as authorized under Section 120(J) of Title 23 of the United States Code. This program allows States to accu mulate these Federal credits in rec ognition of their non-Federal invest ment in local transportation facilities. In the past 10 yearS, some $14 billion in Section 120(j) credits have been accu mulated by these States. The accumu lation of these Federal credits reflects the level of commitment that States and localities nationwide are making to find non-Federal solutions to their growing transportation needs. The creation of this program in the

1991 ISTEA legislation recognizes the

importance of these efforts. The use of non-Federal revenues for needed trans portation facilities is not a new con cept. States and localities for decades revenue-generating to turned have forms of project financing to address

their tremendous transportation fi nancing needs. Especially today, given the tight fis cal situation that many States and 1calities face, the use of transportation facilities that pay for themselves with

out additional Federal funding is essen tial. This amendment changes the cal culation of the section 120(j) credits to reflect the proportionate State and local investments in revenue-gener ating transportation facilities. Why is this important, and why do we need to make this change in the bill today? In my home State of Texas, we have entered into a new era of trans portation project development, deliv ery and financing. With the introduc tion of new State and local transpor tation financing tools, Texas will be able to accelerate projects that have been needed for years, leveraging transportation funds that are currently available to finance additional projects today rather than tomorrow and dec ades in the future. These new tools allow my home State to include new financing part ners, like the private sector and new regional mobility authorities in solv ing Texas transportation challenges. In order to take full advantage of
these new tools, we must make the

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most effective use of our available both local, transportation dollars, State and Federal. To that end, we ex pect to use some Federal funds in near ly every major transportation mobility project that we build. However, the current system is untenable. For in stance, a State may use 99 percent of non-Federal funds on a needed trans portation project, but under the cur rent credit calculation that State can not receive any credit for that invest ment because of the use of 1 percent Federal funds in the project. This is an unfair penalty. It must be changed to properly recognize the local and State share of investments in meeting our transportation needs. Currently, 20 States are using 120(j) credits to finance needed transpor tation projects. Ohio uses toll credits to match GARVEE bonds on projects and shares with local government for both highway and transit projects. New Jersey has used approximately $1360 million of $1.9 billion in approved toll credits for approved highway projects. Florida is using many credits on Fed eral aid projects so that most of its Federal highway programs are 100 per cent Federally funded. Projects include the new Everglades Parkway, the Pinellas County Bayway, Beeline East Expressway and the Sunshine Skyway. Kentucky will use toll credit as a match on the Federal highway projects releasing about 100 million per year. Mr. BURGESS. Mr. Chairman. I re serve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition. How much time remains for the gentleman from Texas? The Acting CHAIRMAN. The gen tleman from Texas has 1 minute. Mr. OBERSTAR. Mr. Chairman, I yield myself 4 minutes. This amendment really crosses the line on tolling. I have always believed tolls are a bad idea, but if a State wants to do that and citizens want to subject themselves to toll facilities, that is their business. But on the interstate highway sys tem, we have a very effective financing mechanism through the Highway Trust Fund and through the national high way system. Again, the Highway Trust Fund supports construction of needed transportation facilities. But to mix Federal funds with tolls is anathema to the idea of a publicly sup ported transportation system through our Highway Trust Fund and the user
fee.

enact authority to build a toll facility but then prohibited the public sector from building additional capacity in the same corridor in the adjoining pub lic roadway. The toll was built; it did not work. It was on the verge of bankruptcy. At the same time, the State was ready to build additional lanes on the public fa cility. The toll operator took the State to court and prevailed against building the publicly-free facility, so the State wound up buying the toll facility and building additional lanes. Mr. Chairman, I reserve the balance of my time. Mr. BURGESS. Mr. Chairman, I yield 45 seconds to the gentleman from Texas (Mr. MARGHANT) and state that this amendment does nothing of the sort as to what happened in California. Mr. MARCHANT. Mr. Chairman, I thank the gentleman from Texas (Mr. BURGESS) for introducing this amend ment and for the gentlemans hard work over the last 2 years on transpor tation issues in Texas. Under current law, even if $1 of Fed eral money is spent towards a State toll project, no transportation develop ment credits will be accrued by the State. In other words, not only does the Federal Government punish States for investing in toll facilities, it also prevents them from using transpor which credits tation development would have been accumulated for the use and purchase of transit capital such as buses and transit cars. The United States has a 50-year-old highway system put under enormous strain by our population. Combine that with the fact that there is simply not enough money to go around for high ways and transit programs, and there is a large gap between our countrys transportation needs and that which can be provided under current funding. I urge my colleagues to support this amendment. Mr. BURGESS. Mr. Chairman, I urge my colleagues to vote for this amend ment, and I yield back the balance of
my time.

Toll credits allow the expenditure of non-fed eral funds on one project to serve as the match on another project. The benefit of having toll credits is to enable various transportation projects to exchange a toll credit for non-federal share of a projects cost. This measure does not render a good house keeping seal of approval on tolls, but it does recognize that States like Texas, that are experiencing significant increases in popu lation and diminishing roadway capacity, are able to better leverage their transportation dol lars. I have heard from my State, and others that utilize tolling, repeatedly, on how this toll credit development will better equip them in address ing challenges now and in the long run. Mr. OBERSTAR. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from Texas (Mr. BUR GESS). The question was taken; and the Act ing Chairman announced that the noes appeared to have it. Mr. BURGESS. Mr. Chairman, I de mand a recorded vote. The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further pro ceedings on the amendment offered by the gentleman from Texas (Mr. BUR GESS) will be postponed. It is now in order to consider amend ment No. 4 printed in House Report 109-15.
AMENDMENT NO. 4 OFFERED BY MR. BURGESS

Mr. BURGESS. Mr. Chairman, I offer

an amendment.

The Acting CHAIRMAN. The Clerk will designate the amendment.

The text of the amendment is as fol

lows:
Amendment No. 4 offered by Mr. BURGESS: Strike section 1501 of the bill, and insert

the following (and conform the table of con tents of the bill accordingly):
SECTION 1501. DESIGNBUILD CONTRACTING.

I could understand if the gentleman from Texas (Mr. BURGESS) were advo cating and others were advocating tolls and toll-only facilities. But to cross the line and mix Highway Trust Fund dollars with toll funds to encourage building of toll facilities to indirect competition with toll-free highways, just does not make any sense at all. In fact, there is an example in the State of California where a toll oper ator persuaded the State legislature to

Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time. To push the idea of toll facilities in the direction of merging Federal high way trust fund dollars with toll dollars is just anathema to the whole concept of a publicly supported transportation network. We should not allow this type of initiative in tolling. If Members want to have tolls, do it the old-fashioned way and use the toll dollars and create Lexus lanes and cre ate Mercedes lanes, but do not use the public dollars to merge with the toll fa cility dollars and create a severe dis parity and discrimination against pub licly built toll facilities. Remember the California example; that is what will happen here. We will have others of that nature. I urge a no vote on this amendment. Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Chairman, the amendment before us is about increasing financial flexibility.

(a) IN GENERALSection 112(b)(3) of title 23, United States Code, is amended to read as follows: (3) DESIGN-BUILD CONTRACTING. (A) IN GENERAL. .A State transportation department or local transportation agency may use design-build contracts for develop ment of projects under this chapter and may

award such contracts using any procurement process permitted by applicable State and
local law.

(B) LIMITATION ON WORK TO BE PERFORMED UNDER DESIGN-BUILD coNTRAcTsConstruc tion of permanent improvements shall not commence under a design-build contract awarded under this paragraph before compli ance with section 102 of the National Envi ronmental Policy Act of 1969 (42 U.S.C. 4332). (C) SCOPE OF WORK.The scope of the con tractors work under a design-build contract awarded under this paragraph may include assistance in the environmental review proc ess for the project, including preparation of environmental impact assessments and anal yses, if such work is performed under the di rection of, and subject to oversight by, the State transportation department or local transportation agency and the State trans portation department or local transportation agency conducts a review that assesses the objectivity of the environmental assessment. environmental analysis, or environmental

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impact statement prior to its submission to the Secretary. (U) PROJEcT APPROVALA design-build contract may be awarded under this para graph prior to compliance with section 102 of the National Environmental Policy Act of 1969, only (i) upon request by the State transpor tation department or local transportation agency; (ii) with the concurrence of the Secretary in issuance of the procurement documents and any amendments thereto and in award of the contract and any amendments thereto; and (iii) if project approval will be provided after compliance with section 102 of the Na tional Environmental Policy Act of 1969.
(E) EFFECT OF CoNcURRENcEConcur rence by the Secretary under subparagraph (D) shall be considered a preliminary action that does not affect the environment. (F) DESIGN-BUILD CONTRACT DEFINEDIn this section, the term design-build con tract means an agreement that provides for design and construction of a project by a contractor, regardless of whether the agree ment is in the form of a design-build con tract, a franchise agreement, or any other form of contract approved by the Sec retary..

(b) REGULATIONSNot later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations that amend the regulations issued under section 1307(c) of the Transportation Equity Act for the 21st Century (23 U.S.C. 112 note). The regula tions (1) shall allow a State transportation de partment or local transportation agency to use any procurement process permitted by applicable State and local law in awarding design-build contracts, including allowing unsolicited proposals, negotiated procure ments, and multiple requests for final pro posals; except that the Secretary may re quire reasonable justification to be provided for any sole source procurement; and (2) may include best practices guide lines; (3) shall not preclude State transportation departments and local transportation agen cies from allowing proposers to include al ternative technical concepts in their base proposals; (4) shall not preclude State transportation departments and local transportation agen cies from issuing a request for proposals doc ument, proceeding with award of a designbuild contract, or issuing a notice to proceed with preliminary design work under such a contract prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) if the design-build con tractor is not authorized to proceed with construction of permanent improvements prior to such compliance; and (5) shall provide guidelines regarding pro cedures to be followed by the State transpor tation department or local transportation agency in their direction of and oversight over any environmental impact assessments or analyses for the project which are to be prepared by the contractor or its affiliates. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from Texas (Mr. BURGESS) and a Mem ber opposed each will control 5 min utes. The Chair recognizes the gentleman from Texas (Mr. BURGESS). Mr. BURGESS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I intend to ask unani mous consent to withdraw this amend ment. but before I do, I would like to

engage the gentleman from Alaska (Chairman YOUNG) in a brief colloquy on this issue. Mr. Chairman, in 1998 Congress passed TEA21. And as enacted, TEA21 contained congressional intent and guidance language to the United States Department of Transportation to im plement design-build contracting rules. But, Mr. Chairman, the final rules did not mirror Congress intent in the slightest. H.R. 3, as introduced and passed by the committee, included section 1501 on design-build, and I thank the chair man, the ranking member, and the committee staff for recognizing the level of importance that design-build holds in the reauthorization debate. However, the language currently in the bill does not repair conflicts in the law. My concern is that the Federal Gov ernment has been slow to respond to initiatives at the State level that ad vance those goals. Current Federal rules dampen the efficiency of designbuild with a complicated procurement process, taking the wind out of the sails of innovation. Federal processes still favor a con secutive approach to project develop ment, requiring separate environ mental review, design and construction contracts. This causes unnecessary delay, added cost and reduced effi ciencies in delivering critical transpor tation projects. I want to work with the committee in conference to repair the design-build law so States can benefit from its in tended efficiency. Mr. Chairman, the gentleman from Alaska has visited my State, and I am grateful for that. The gentleman has heard from our constituents and our commissioners and our governor. This is necessary to take our work to the next level. Sure we talk about chang ing funding formulas, but that alone is not enough to satisfy everyone, and we all know that. All I am asking for is a chance to show that we can be innova tive in using the limited funds that we receive. Mr. YOUNG of Alaska. Mr. Chair man, will the gentleman yield? Mr. BURGESS. I yield to the gen tleman from Alaska. Mr. YOUNG of Alaska. Mr. Chair man, I agree with the goals of the gen tleman from Texas, and I look forward to working with the gentlemans entire delegation to meet these goals in con ference. Mr. BURGESS. Mr. Chairman, I ask unanimous consent to withdraw the amendment. The Acting CHAIRMAN. Is there ob jection to the request of the gentleman from Texas? There was no objection.

fi 1215 (Mr. The Acting CHAIRMAN ADERHOLT). It is now in order to con sider amendment No. 5 printed in House Report 10915.
AMENDMENT NO. 5 OFFERED BY MR. I55A

Mr. ISSA. Mr. Chairman, I offer an amendment.

The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows: Amendment No. 5 offered by Mr. IssA: At the end of section 1208 of the bill, insert the following: (d) SENSE OF CONGRESSIt is the sense of Congress that the Secretary and the States should provide additional incentives (includ ing the use of high occupancy vehicle lanes on State and Interstate highways) for the purchase and use of hybrid and other fuel ef ficient vehicles, which have been proven to minimize air emissions and decrease con sumption of fossil fuels. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from California (Mr. ISSA) and a Mem ber opposed each will control 5 min uteS. The Chair recognizes the gentleman from California (Mr. ISSA). Mr. ISSA. Mr. Chairman, I yield my self such time as I may consume. I am hopeful and believe that there will be no opposition to this well-crafted, nar rowly crafted amendment to this legis lation. I want to thank Chairman YOUNG and the members of the committee who helped make this a very good amend ment. This amendment, Mr. Chairman, seeks to empower our States when they have excess capacity in their HOV lanes to use that capacity to encourage and promote the superlow-emissions hybrid vehicles that are just emerging on our highways today. California and other States have passed laws in an ticipation of our doing our job to allow this. I believe that it will promote superlow emissions, higher-efficiency vehicles fur a period of only 4 years to give this an opportunity. I would urge all of our colleagues to bear irs mind that when we authorized HOV lanes, we did so for two purposes: one was to reduce congestion; the other was to save fuel. Hybrid vehicles do an excellent job of saving fuel. I urge my colleagues to vote for this amendment. Mr. CARNAHAN. Mr. Chairman, rise today in support of the Issa amendment. Quite simply, the increased use of fuel effi cient vehictes is a boon to our country. Hybrid vehictes benefit our environment. Our cities and towns are being choked by smog. The increased use of hybrid vehicles would reduce this problem. Hybrid vehicles also benefit our economy. The Ford Escape Hybrid is assembled in my home State of Missouri. Sales for the Escape hybrid have been so strong that this plant can not keep up with demand. This plant provides thousands of good paying jobs here in the United States. I assure you that is you ask the workers in that plant if they support increased incentives for the purchase of hybrid vehicles, their an swer woutd be a resounding yes. Finally, vehicles that reduce our use ot gas oline mean greater energy security for our country, and less U.S. dollars going to coun tries with hostile regimes. The increased use of hybrid vehicles is truly a win-win-win situation and I urge my col leagues to support this amendment. Mr. ISSA. Mr. Chairman, I yield back the balance of my time.

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The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from California (Mr. ISSA). The amendment was agreed to.
VACATING PRIOR PROCEEDINGS ON AMENDMENT NO. 3 OFFERED BY MR. BURGESS

Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent that the pro ceedings by which the request for a re corded vote on the amendment offered by the gentleman from Texas (Mr. BUR GESS) was considered be vacated and the vote be put anew. The Acting CHAIRMAN. Is there ob jection to the request of the gentleman from Minnesota? There was no objection. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from Texas (Mr. BuR GEsS). The amendment was agreed to. The Acting CHAIRMAN. It is now in order to consider amendment No. 6 printed in House Report 10915.
AMENDMENT NO. 6 OFFERED BY MR. PASCRELL

Mr. PASCRELL. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows:
Amendment No. 6 offered by Mr. PA5CRELL: After section 1108 of the bill, insert the fol lowing (and redesignate subsequent sections, and conform the table of Contents, of the bill accordingly): SEC. 1109. PAY TO PLAY REFORM. Section 112 of title 23, United States Code, is amended by adding at the end the fol lowing: (h) CON5TRUCTION.Nothing in this sec tion may lie construed to prohibit a State from enacting a law or issuing an order that limits the amount of money an individual, who is doing business with a State agency for a Federal-aid highway project, may con tribute to a political campaign..

The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from New Jersey (Mr. PASCRELL) and the gentleman from Wisconsin (Mr. PETRI) each will control 5 minutes. The Chair recognizes the gentleman from New Jersey (Mr. PA5CRELL). Mr. PASCRELL. Mr. Chairman, I yield myself such time as I may con sume. The so-called pay-to-play restric tions, Mr. Chairman, enacted in many States like Connecticut, New Jersey, Pennsylvania, Illinois, South Carolina, Kentucky and West Virginia, for in stance, there is a threat which is real; and whether it is real or whether it is apparent, we need to stamp out corrup tion. We have come to an agreement in the State of New Jersey. We have come to bipartisan support of an attempt by both sides of the aisle to end corrup tion as not only we know it because neither party is privy to virtue, neither State is privy to corruption. What we are trying to do here is look at what is the result of large political contributions from contractors who try to influence the awarding of public contracts. Mr. Chairman, there is Fed-

eral precedent for this, and I would venture to say that we all in this Chamber should be reading what that precedent is. This does not open up a Pandoras box. This is simply providing States the ability to clean up their own act, to reform their own government, and to give those people an Oppor tunity to bid in a more apparent, transparent process. Mi. Chairman, the Federal Highway Administration argued that the New Jersey order violated section 112 of title XXIII, a provision dealing with bid-letting. This amendment intends to support what New Jersey has at tempted to do to open up the bid proc ess, not to close it down, not to shrink it, but rather to expand it so that there is more transparency. Why should the Federal Government stop those States who want to end the process of corruption in their contractletting? Why should this Federal Gov ernment, which has our own rules, the SEC was a perfect example of this just a few years ago, that if you are going to contribute, then you need to stay out of the process of bidding. This passed in the New Jersey Assembly 78 0. It passed in the New Jersey Senate 340. It is bipartisan. Mr. Chairman, I yield to the gen tleman from New Jersey. Chairman, I Mr. L0BIONDO. Mr. would like to thank the gentleman from New Jersey (Mr. PASCRELL) who has worked very hard on this issue and I have joined with him. I appreciate the work that he has done. Let me say in starting that the vast majority of contractors in my State, in the State of New Jersey, are hard working, ethical people who do good work and do the right thing. The real problem we have in New Jersey is that some public officials more interested in helping themselves than working to improve transportation infrastructure in the State have influenced the situa tion. The good news is that Trenton is fi nally trying to do something about it. The legislature has enacted reforms, as the gentleman from New Jersey (Mr. PASCRELL) has discussed on this par ticular issue. I wish the State had pro vided the Federal Highway Authority with the cost savings they say exist, as I understand that that may have solved the problem and we maybe would not have had to do this today. Unfortu nately, that is in the past; and we have to deal with the situation as it is. I am strongly supporting this amend ment and will join with the gentleman from New Jersey (Mr. PASCRELL) in voting for this amendment, because New Jersey desperately needs every penny of Federal highway and transit dollars and should not be penalized for trying to do the right thing. That is what it is all about: New Jersey is try ing to do the right thing. Mr. PASCRELL. Mr. Chairman, re claiming my time, the Pascrell-Menen dez-LoBiondo amendment only impacts States that choose to pass a pay-to-

play reform law. This is a win-win for both sides. I cannot emphasize that enough. How many times have we come to this Chamber when we try to get it over on the other side? That is natural in politics. This is a win-win for both sides, not only in New Jersey but throughout the country. I ask for the support of this body. I think this is good legislation, I think the amendment makes sense, and it is backed up by Federal law. Mr. Chairman, I yield the balance of my time to the gentleman from New Jersey (Mr. MENENDEZ). Chairman, Mr. MENENDEZ. Mr. three quick points. This does not re quire any State to do anything. It sim ply allows a State to perform a reform in the context of contracting. We rec ognize this already under Federal law in section 441 of the Federal highway bill. The SEC has done the same type of thing in its context. No State should be prohibited from enacting reforms as it relates to improving the integrity of public contracting in their State. It will not apply to any Federal office holder, but it will allow States ulti mately to pursue reforms in the con text of contracting and the integrity of its process. We should support the amendment. Mr. PETRI. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I think what we are seeing here is certainly a very wellmeaning amendment designed to cor rect a problem in the State of New Jer sey; but if it is adopted, what we will find is the law of unintended con sequences coming into play. We have a Federal framework. The goal of that framework is to have com petitive bidding and to end up getting the lowest qualified bid to save the tax payer money and get the work done. Many of these projects cross State lines. Contractors work all over the United States. If we start allowing each State to come up with different bidding procedures and qualifications that contractors have to meet in order to participate in the bidding, it is in evitably going to add to paperwork and end up resulting in higher-cost con struction across our country and less for the hard-earned tax dollars that are spent on transportation here in the United States. We are not arguing there may not be a problem in New Jersey. We are not arguing that it should be cleaned up. We are eager to work with the Mem bers from New Jersey to try to have hearings or to promote investigations, do what we can to help clean up the situation in New Jersey, but not at the expense of weakening the system of competitive bidding nationwide that is designed to promote as efficient a pro curement process as possible. Mr. Chairman, I yield back the bal ance of my time. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from New Jersey (Mr.
PASCRELL).

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The amendment was agreed to. The Acting CHAIRMAN. It is now in order to consider amendment No. 7 printed in House Report 109-15. AMENOMENT NO. 7 OFFEREO BY MR. ROOER5 OF
MIcmcAN Mr. ROGERS of Michigan. Mr. Chair man, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows:

Amendment No. 7 offered by Mr. R0OER5 of Michigan: At the end of title II of the bill insert the following (and conform the table of contents accordingly): SECTION 2013. SAFE INTERSEcTIONs. (a) IN CENEe.AL.Chapter 2 of title 18,
United States Code, is amended by adding at the end the following: i39. Traffic signal preemption transmitters

(a) OFFENsES. U) SALE.A person who knowingly sells a traffic signal preemption transmitter in or affecting interstate or foreign commerce to a person who is not acting on behalf of a public agency or private corporation authorized by law to provide fire protection, law enforce ment, emergency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity, shall, notwithstanding section 3571(b) of title 18, United States Code, be fined according to
this title, imprisoned not more than 1 year, or both. (2) UsEA person who makes unauthor ized use of a traffic signal preemption trans

needs for the rest of America, but we have a growing problem that this amendment will address, traffic pre emption devices. They are devices that will change the signal as you are driv ing in your car remotely from your ve hicle. Currently used hy law enforce ment and emergency vehicle services to conduct their business and get to the place they need to in the most safe manner possible, it is now being offered on the Internet and other places and getting in the hands of those who would seek to do harm. One can imagine in the hands of a bank robber trying to escape, changing the light scheme on his way out uf town. One can imagine the frustrated congestion that someone might engage in Washington, D.C. or any other large city, the convenience of just pushing the button and changing the light. One can imagine a terrorist act and what harm and devastation they could cause to emergency vehicle response to their ability to get in and to get out of a place quickly.
El 1230 The dangers of this are real, the dan gers are growing. This amendment would simply apply some common sense and make it illegal for those who are selling this on the Internet, fur those who are in possession of this, who should not be. I think it is crucial. Mr. PETRI. Mr. Chairman, will the gentleman yield? Mr. ROGERS of Michigan. I yield to the gentleman from Wisconsin. Mr. PETRI. Mr. Chairman, I just want to compliment the gentleman for being an alert legislator. Technology creates new possibilities for mischief as well as for good. The gentleman has Spotted a problem, and we thank the gentleman for calling it to our atten tion. We support the amendment, and I believe it will be adopted without oppo sition. Mr. ROGERS of Michigan. Mr. Chair man, reclaiming my time, I thank the chairman for working with us on this. I do want to thank the Committee on Transportation and Infrastructure and the Committee on the Judiciary for working with us, the Committee on Rules, and Senator DEWINE for work ing with me on this amendment and of fering the same in the Senate. I also want to thank my staff mem ber, Heather Keiser, who has been pas sionate about traffic safety and work ing on intelligent technology systems. She has been passionately involved in these types of activities, who actually raised the flag and said this is a prob lem and it needs to be fixed for the safety and security of our local Ameri cans and our local emergency service personnel. I thank her as well. She is getting ready to leave this week, so this is a great way for her to go out on such a high note, I think, making an important difference. Mr. Chairman, I yield back the bal ance of my time. (Mr. CHAIRMAN Acting The AUERHOLT). The question is on the

amendment offered by the gentleman from Michigan (Mr. ROGERs). The amendment was agreed to. The Acting CHAIRMAN. It is now in order to consider Amendment No. 8 printed in House Report 10915.
AMENOMENT NO. I OFFEREu BY MR. PIflS

mitter in or affecting interstate or foreign commerce shall be fined according to this title, imprisoned not more than S months, or both. (b) DEFINITIONsIn this section, the fol lowing definitions apply: U) TRAFFIC SIGNAL PREEMPTION TRANS M1flER.The term traffic signal preemption transmitter means any mechanism that can change or alter a traffic signals phase time or sequence. (2) UNAtITMORIZEO usE.The term unau thorized use means use of a traffic signal preemption transmitter by a person who is not acting on behalf of a public agency or private corporation authorized by law to pro vide fire protection, law enforcement, emer gency medical services, transit services, maintenance, or other services for a Federal, State, or local government entity. The term unauthorized use does not apply to use of a traffic signal preemption transmitter for classroom or instructional purposes..

(b) TANLE OF SEcTIONsTIle table of sec tions for chapter 2 of title 18, United States

Code, is amended by adding at the end the following: 39. Traffic signal preemption transmit ters.. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from Michigan (Mr. MIKE ROCERS) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Michigan (Mr. R0uERS). Mr. ROGERS of Michigan. Mr. Chair man, I yield myself such time as I may consume. Mr. Chairman, I want to thank the committee today for taking up this very important piece of legislation. It may be innocuous in the grand scheme of this important bill that we are about to pass, setting the transportation

Mr. PITTS. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows: Amendment No. 8 offered by Mr. Prrrs: In the matter proposed to be inserted as paragraph (11 of section 5307(b) of title 49, United States Code, by section 3008(c)(3) of tbe bill (1) strike and at the end of subparagraph (C); and (2) strike the period at the end of subpara and and the fol graph (Dl and insert lowing: (Eki) in the case of fiscal years 2005 through 2007, 50 percent of the operating cost of equipment and facilities for use in mass transportation in an urbanized area with a population of more than 200,000 if the transit system with respect to which the grant is bethg made operates in an urbanized area that exceeded 200,000 in population according to the 2000 Census; or (ii) in the case of fiscal years 2008 and 2009, 25 percent of the operating cost referred to in clause (i). The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from Pennsylvania (Mr. PITT5) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Pennsylvania (Mr. PInS). Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, under current law, when an urbanized area exceeds 200,000 in population, the transit system serv ing the area not only receives less Fed eral transit funding, but also loses their flexibility to use Federal transit funds to meet unique local transit needs. The 2000 Census was the first census carried out under this law, and we are now seeing the consequences of this law, which uses an arbitrary and out dated threshold that was really first established and used in the 1950s. Today it is hurting our Nations most thriving communities. Fifty-two small transit systems across the Nation and the communities they serve face a fi nancial crisis that they are not equipped to handle. That means more than 11 million people acruss the coun try will have their public transit serv ice affected. These systems will have to cut routes and raise fares in the hope of making ends meet. But for most, even that will not he enough. This will hurt pas sengers who rely on transit, workers who need to get to their jobs, elderly who need to get to the grocery store or pharmacy and, in my distriut, particu larly the Amish, who rely on transit because it is against their religion to owns cars. We need to give these transit systems time to find alternative funding solu tions at the State and local levels. My
:

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amendment allows these small transit systems, only 52 of them, to have flexi bility in using 50 percent of their Fed eral transit funds through the year 2007 and then reduces that 25 percent for 2008 and 2009. This is the least we can do for these systems that are servicing some of the healthiest growing communities across the country. Two systems in my districts, Red Rose Transit and BARTA in Reading are facing a financial crisis because of this law. We should not punish healthy systems in growing communities. Mr. Chairman, I appreciate the chair mans support for holding these sys tems harmless over the past couple of years. However, due to the uncertainty surrounding this year and the transpor tation programs throughout the coun try, these small systems have not been able to find local solutions. We need more time, and I urge Members to sup port the amendment. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I rise
in opposition to the amendment.

The Acting CHAIRMAN. The gen tleman from Minnesota (Mr. OBERSTAR) is recognised for 5 minutes. Mr. OBIIRSTAR. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, the gentleman from Pennsylvania has made a very strong case for the issue which he presents with this amendment, and we in the committee have worked with the gen tleman and his staff to allow transit systems in urbanized areas to retain flexibility in the use of Federal transit formula funds, and I thought we had worked out throughout the develop ment of TEA-LU the extension that the gentleman was seeking to extend the period of flexibility for urbanized areas 1,0 use Federal funds for operating as sistance through this year, which is half the time before the next census More than 50 urbanized areas have been eligible to use their transit grants for operating expenses, but apparently the gentleman wants to go further than we agreed in our internal delib erations and discussions, and I think that it goes beyond the agreement that we reached in committee. For that rea son, I cannot support it. Mr. Chairman, I reserve the balance of my time. Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, the extensions we have had are only 6 months at a time. We have had a couple of those. We would like to extend to the end of the authorization period. Mr. Chairman, I yield 1 minute to the (Mr. Texas from gentleman
NEUGEBAUER).

Mr. NEUcIEBAUER. Mr. Chairman, I rise in support of this amendment, which will help small transit systems maintain flexibility in the use of their Federal money. I would like to thank the gentleman from Pennsylvania for his leadership on this issue, which is

particularly important to my constitu ents in Lubbock, Texas. I want to repeat, this amendment does not increase funding for transit systems. Rather, it gives them some flexibility to manage those transit sys tems in the most efficient and effective ways. Under the current law, once an ur banized area exceeds 200,000 people in population, it loses that flexibility. What impact that is going to have on my constituents in Lubbock, Texas, is my transit system has had to try to scale back the hours of operation, par ticularly some on Saturday. Saturday is when a lot of families need to get to the doctor and need to go buy gro ceries. But quite honestly, also for peo ple who live in my district who are em ployed, that have to get to work on Saturdays. So what we need to do is have these communities work with their transit systems and look for alternative ways to fund transit in the future. We need to give them some time and the flexi bility they need to do that. Mr. Chairman, I urge Members to support this amendment. Mr. PITTS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, let me just say, again, this is not asking for more money; it is flexibility, and it is a phased-down flexibility to soften the blow on the small transit system and provide them more time to find alternative solutions to the funding crises they face. There are some 52 systems, many represented by Members from the other side of the aisle. I urge support for the amendment. Mr. Chairman, I yield back the bal ance of my time. Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, certainly there is a concern among those metropolitan areas whose population has grown sig nificantly since the 2000 Census, and they are seeking more flexibility for the use of funds on their Federal tran sit formula grant to use those dollars for operating assistance. But to extend the flexibility beyond the 5 years, as we have provided in TEALU, would undermine the statutory formulas. It might benefit some areas, the pending amendment might benefit some areas, but would inflict a fairness issue upon other areas, to indicate that statutory formula that we use to ap portion funds using most recent census data is no longer applicable for a cer tain area. The amendment as offered would cre ate confusion and would create unfair ness among users, among other transit systems across the country. Mr. PITTS. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gen tleman from Pennsylvania. Mr. PITTS. Mr. Chairman, as a point of clarification, it is my understanding that what is in TEALU only extends the flexibility to 2005. What mine does

is just extends it to end of the author ization. Mr. OBERSTAR. Mr. Chairman, re
claiming my time, that is correct. I

said that at the very outset. I made it very clear we extended it through 2005. That was our understanding. That is what I thought was the agreement we reached and the compromise, that we would go through 2005. Then you just have a few more years until the next census, and then the issue would be re solved for all of the country and not just a few areas. So I urge defeat of the amendment. Mr. McGOVERN. Mr. Chairman, I rise today in support of the amendment proposed by Mr. Pins of Pennsylvania. The Pitts amendment protects smaller transit systems flexibility in utilizing Federal transit funds. Unlike current law, which punishes these transit systems and communities, the Pitts amendment extends flexibility by providing additional time to seek State and local solutions to the funding prob lems they face. Transit systems across the country are se verely restricted by the current regulation. In my district in Massachusetts, the Southeast Regional Transit Authority is being constrained by this regulation, making it impossible for them to meet local needs of the city of Fall River. Current law punishes smaller transit sys tems and the communities they serve simply because they are thriving. These smaller tran sit systems rely on budget tlexibility and can not make major revisions overnight. On Octo ber 1, 2005, these systems will lose all flexi bility. The Pills amendment extends their tlexi bility by phasing out their funding options over a 5-year period. Thats a good idea. I urge my colleagues to join me in supporting this impor tant amendment. Mr. OBERSTAR. Mr. Chairman, 1 yield back the balance of my time. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from Pennsylvania (Mr. Plrrs) The question was taken; and the Act ing Chairman announced that the ayes appeared to have it. Mr. PETRI. Mr. Chairman, I demand a recorded vote. The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further pro ceedings on the amendment offered by the gentleman from Pennsylvania (Mr. Prms) will be postponed. The Acting CHAIRMAN. It is now in order to consider Amendment No. 9 printed in House Report 10915.
AMENDMENT ND. 9 OFFERED BY MR. HONDA

Mr. HONDA. Mr. Chairman, I offer an

amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows:
Amendment No. 9 offered by Mr. HONOA: In subparagraph (I) that is proposed to be added at the end of section 410(b)(l) of title 23, United States code, by section 2tt03(b)(6) of the bill, insert after (A)(i)(ii) the fol including a program of the court lowing: system (such as a driving while intoxicated courtl for the purpose of changing the behav
,

ior of alcohol or drug dependent offenders ar

rested for driving while impaired..

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The Acting CHAIRMAN. Pursuant to H. Res. 144, the gentleman from Cali fornia (Mr. HONDA) and a Member op posed each will control 5 minutes. Mr. OBERSTAR. The Chair recog nizes the gentleman from California
(Mr. HONDA).

Mr. HONDA. Mr. Chairman. I yield myself 2 minutes. Mr. Chairman, the gentleman from
Michigan (Mr. EHLERS) and I offer a

simple but important amendment that will make explicit the eligibility of DWI Courts for basic grant funds under section 2003 of H.R. 3, TEALU. Section 2003 authorizes fonds for Alcohol-Im paired Driving Countermeasures. In the year 2003, approximately 17,400 Americans were killed in alcohol-re lated accidents across this country. These deaths constitute 40 percent of all traffic-related facilities. Make no mistake; drunk driving is a public health crisis, and DWI Courts, which are on the front lines of the national efforts to curb drunk driving, offer a proven method of reducing recidivism rates among DWI offenders. Unlike traditional court systems, DWI Courts hold offenders to the high est level of accountability, while pro viding long-term intensive treatment and compliance monitoring to address the root cause of the DWI, alcohol abuse. OWl Courts are so successful because they draw on a diverse range of profes sionals, governmental agencies and community organizations. Each DWI Court judge heads a team of prosecu tors, defense attorneys, probation offi cers, law enforcement representatives and alcohol treatment professionals. They work in concert with each other and governmental community organi zations to ensure that DWI offenders get the punishment they deserve and the treatment and services they need to be responsible members of our soci ety. Evidence suggests that these DWI Courts are working. Unfortunately, too few DWI Courts are taking advantage of Federal trans portation dollars and section 2003 of H.R. 3 does not clearly authorize use of grant funds for these courts. Our amendment will clear up any confusion in this regard and encourage additional jurisdictions to establish their own DWI Courts. Mr. Chairman, I urge my colleagues to support this amendment. Mr. PETRI. Mr. Chairman, will the gentleman yield? Mr. HONDA. I yield to the gentleman from Wisconsin. Mr. PETRI. Mr. Chairman, I would just like to commend the gentleman for this amendment and for making the law clear about these courts. They have been an effective program. We support the amendment, and thank the gentleman for his contribu tion. Mr. EHLEAS. Mr. Chairman, rise in sup port of the HondalEhlers amendment. The purpose of this amendment is simply to clarify and make explicit that DWI courts are

eligible for funding under the Alcohol-Impaired Driving Countermeasures section of the bill. It has become clear that the traditional proc ess is not working for repeat drunk driving of fenders. Punishment that is unaccompanied by treatment and accountability is an ineffec tive deterrent for the repeat OWl offender. The outcome for the offender is continued depend ence on alcohol; the outcome for communities is the continued threat of drivers under the in fluence of drugs and alcohol. DWI/Drug Courts are distinct court systems dedicated to changing the behavior of alcohol/ drug dependent offenders arrested for OWl. The goal of OWl/Drug Courts is to protect public safety by attacking the root cause of DWI: alcohol and other drug abuse. OWl/Drug Courts utilize all criminal justice stateholders (prosecutors, defense attorneys, probation, law enforcement, and others) along with alcohol/drug treatment professionals. This group of professionals comprises a OWl/Drug Courts Team, which is usually accountable to the OWl/Drug Court judge who heads the team. The OWl/Drug Court Team uses a team-oriented approach to systematically change participant behavior. This approach in cludes identification and referral of participants early in the legal process to a full continuum of drug/alcohol treatment and other rehabilita tive services. These courts have been very successful in Michigan, where approximately one-third of all DWI courts are located. A five-year study conducted on the Lansing, Ml DUl/Drug Court demonstrates a 13 percent recidivism rate for graduates of the OUt/Drug Court program versus 35 percent for a com parison group. Unfortunately, funding and re sources are often an obstacle to starting OWl courts. Adopotion of this amendment will deliver a clear and unmistakable message to the Amer ican people that Congress will take the nec essary steps to stop drunk driving. It wilt send the clear and unmistakable message that we support the valuable work being done by OWl! Drug Courts. Clarifying that DWI courts are eligible for funding will encourage more state and local courts to pursue these comprehensive, treat ment-driven programs. I encourage my col leagues to support the Honda amendment. Mr. HONDA. Mr. Chairman, I yield back the balance of my time. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from California (Mr.
HONDA). The amendment was agreed to.

D 1245 (Mr. CHAIRMAN ADERHOLT). It is now in order to con sider amendment No. 10 printed in House Report 10915.
The Acting
AMENDMENT NO. 10 OFFERED BY MR. BARTON OF TEXAS Mr. BARTON of Texas. Mr. Chair

man, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as fol lows: Amendment No. 10 offered by Mr. BARTON

of Texas: Before the closing quotation marks at the end of the matter proposed to be inserted as section 507 of title 23, United States Code, by section 5203 of the bill, insert the following:

(h) SOUND AND OBJECTIVE SCIENTIFIC PRAc TIcEs. (1) IN GENERAL.Assessments of risks to human health or the environment and re search conducted under this section shalt use sound and objective scientific practices. As sessments of risks to human health or the environment conducted under this section. where such an assessment concerns the eval uation of multiple studies, shall consider the best available science, and shall include a de scription of the weight of the scientific evi dence. (2) FEDERAL AGENcIES.Federal agencies using studies funded under this section to conduct an assessment of risks to human health or the environment shall use sound and objective scientific practices in assess ing risks, shall consider the best available science, and shall include a description of the weight of the scientific evidence. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from Texas (Mr. BARTON) and a Mem ber opposed each will control 5 min utes. The Chair recognizes the gentleman from Texas (Mr. BARTON). (Mr. BARTON of Texas asked and was given permission to revise and ex tend his remarks.) Mr. BARTON of Texas. Mr. Chair man, I yield myself such time as I may consume. I offer this amendment to make sure that the so-called scientific studies performed under the provisions of the bill are, in fact, based on science and not on anyones view or preconceived notions of what science should be. For too long, documents and studies performed on risk assessments on health aod the environment have been produced that do not really reflect science, but rather a given policy bias mixed viih elements of science. That document is then paraded forward, as if it were a true risk assessment. I want to make sure that when the Federal Government asks for a risk as sessment, that the response is based on sound and objective scientific prac tices. I also want to ensure that the as sessor of those risks to human health and the environment consider the best available scientific information. These types of requirements are not new. These are the same types of re quirements we have enacted in law for the purpose of the Safe Water Drinking Act; and not surprisingly, those prin ciples have worked very well. With this amendment, we will also follow a related recommendation with the 1997 recommendation of the Presi dents Commission on Risk Assessment and Risk Management. Specifically, the amendment asks assessors of risks to provide a description of the weight of the evidence concerning a given risk. In other words, when a new risk to our health or the environment is claimed in a study, those responsible for releasing the study must describe their understanding of what best science tells us about that risk. The bill before us today contains a the Surface section providing for
Transportation Environment and Plan ning Cooperative Research program.

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This section, among other items, ad dresses risk assessments of public health and the environment. These subject matters are within the jurisdic tion of the committee on Energy and Commerce. I want to ensure that these provisions reflect the congressional de sire for sound science. I want to thank the gentleman from New York (Chairman BOENLERT) of the Committee on Science for his work and assistance in the base text of the lan guage and also for his and his staffs assistance in working out the language of this amendment. Mr. Chairman, I urge my colleagues to support the amendment. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I claim the time in opposition to the amendment. Mr. Chairman, how much time re mains of the gentleman from Texas? The Acting CHAIRMAN. The gen tleman from Texas has 3 minutes re maining. Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, on the face of it, who could object to sound science, objective science? That is what science should be. But the thrust of this amendment is not in the words of the amendment. They are not going to get us to that point. The language says, in consid ering assessment of risks to human health and the environment, such an assessment, where an assessment con cerns the evaluation of multiple stud ies, shall include the best available science and description of the weight of the scientific evidence. And further on, in subsection 2, a description of the weight. That is not objectivity. That is totally subjective. To start considering the weight of scientific evidence, that is not a scientific term in and of itself. So I am all for science and for good science, but this language is going to obfuscate the evaluation of risks and open the door of opportunity for more lawsuits over what is meant by weight, multiple studies, available science. I think this goes directly in the opposite direction of the purpose of the gen tleman from Texas. Mr. Chairman, I reserve the balance of my time. Mr. BARTON of Texas. Mr. Chair man, I yield myself such time as I may consume I want to make a brief comment and then recognize the gentleman from New York (Mr. BOEHLERT), the chair man of the Committee on Science. When the gentleman from Minnesota asked who could object to this, we know the answer. The good gentleman from Minnesota, my good friend ob jects to it. So that answers that ques tion. I would point out that the gentleman from Alaska (Chairman YOUNG) sup ports this, and the gentleman from New York (Chairman BOEHLERT) sup ports this, and the Presidents Council on Risk Assessment supports this lan-

guage. It is language that is in current law for the Safe Water Drinking Act. So there are a number of eminent groups and individuals that do support it. Mr. Chairman, I yield such time as he may consume to the gentleman from New York (Mr. BOEHLERT). Mr. BOEHLERT. Mr. Chairman, I rise in support of this amendment which re lates to language that originated in the Committee on Science. The language of the amendment was negotiated be tween the Committee on Science and the Committee on Energy and Com merce. I, frankly, do not think that this amendment is especially nec essary, but I feel comfortable with the language. The language we worked out does not allow any political interference with science, nor does it set any new stand ards for science. It does not raise any legal hurdles for scientists or agencies. It is a simple statement of what we ex pect from scientific research and the use of that research, particularly risk assessments. What we expect is what any scientist would expect, which is that the re searchers strive for objectivity and use the best available scientific practices, and that when the literature review is done for a risk assessment, that that review look at the best available science and that it describe where the weight of the scientific evidence is. It is pretty hard to imagine a case where that would not be done, which is why I do not think the amendment is of any urgency; but I think the lan guage we worked out with the gen tleman from Texas (Chairman BARTON) is fair and balanced and limited; and therefore I support it. Mr. OBERSTAR. Mr. Chairman, can I inquire of the Chairman how much time remains on the side of the gen tleman from Texas. The Acting CHAIRMAN. The gen tleman from Texas has 1 minute re maining. Mr. OBERSTAR. Mr. Chairman, 1 yield 1 minutes to the gentleman from Tennessee (Mr. GORDON). (Mr. GORDON asked and was given permission to revise and extend his re marks.) Mr. GORDON. First of all, Mr. Chair man, let me point out that the scope of this amendment exceeds the jurisdic tional boundaries of the underlying bill. In fact, it exceeds the jurisdic tional boundaries of the Committee on Transportation and Infrastructure. it appears to amend all laws adminis tered by all Federal agencies that may use information from this program in a human health or environmental assess ment. This is a poor precedent to es tablish. If we have concerns about Federal agencies using high-quality scientific information, we should address those concerns through oversight and legisla tion done in our respective committees in a manner tailored to fit the indi vidual agencies where the laws were administered.

This amendment will do nothing to improve the quality of science pro duced by this program or ensure the proper use by the Federal agencies. For that reason, I would ask that this amendment be defeated. Mr. BARTON of Texas. Mr. Chair man, I believe I have the right to close, and I am ready to close if the gen tleman from Minnesota is ready. Mr. OBERSTAR. Mr. Chairman, our side has the right to close. I await the arguments on the part of the gen tleman from Texas. The Acting CHAIRMAN. The gen tleman from Minnesota has the right to close. Mr. BARTON of Texas. I thought the author of the amendment had the right to close. The Acting CHAIRMAN. The man ager in opposition has the right to close. Mr. BARTON of Texas. Mr. Chair man, I yield myself the remaining time. My first response to my good friend, the gentleman from Tennessee (Mr. GORDON), who is a member of both the Committee on Science and the Com mittee on Energy and Commerce, is that he is right that this amendment exceeds the jurisdiction of the Com mittee on Transportation and Infra structure. That is why it was offered by the chairman of the Committee on En ergy and Commerce, because it does not exceed the jurisdiction of the com mittee that I chair and has been worked out in conjunction with the chairman of the Committee on Trans portation and Infrastructure and the chairman of the Committee on Science. So if you put us all in the same tent collectively, it does not exceed the ju risdiction. The language that we are using is language that was put forward initially by a Presidential commission under President Clintons administration in the rnid-l990s, and it is their language that we are incorporating into the amendment. So this is not some sub terfuge to use Republican language or conservative language; it is language that was originally adopted and sup ported by President Clinton in his ad ministration. All we are trying to do with this amendment is make sure that as var ious projects come forward and we need to do investigations and risk assess ments, that it be done based on sound scientific principles. I think that is an issue that both sides can agree upon, and I would urge a yes vote on the amendment. In my view, the CMAQ programlike any use of tax dollarsshould be applied as cost effectively as possible to achieve appropriate Federal policy goals. A recent study suggests some CMAQ usessuch as building bike pathsdo little to relieve either congestion or air pollution, which are the policy goals of CMAQ. The Transpor tation Research Board study estimates that bike paths funded with CMAQ money cost the taxpayer on average $80,000 per ton of pollu tion removed. If this study is correct, in my

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view, CMAO dollars can and should be better spent. New technologies have recently proven very cost effective in reducing pollution. For exam ple, diesel retrofit and anti-idling technologies are having positive results around the Nation. Retrofit technologieswhich are being used in the Presidents Clean School Bus program are much like the catalytic converter on your car. These devices are capable of removing 80 to 90 percent of the pollutants from the exhaust of a diesel engine. The increased use of these technologies in other sectors of the economy should be encouraged. Any steps we can lake to clarity that CMAO money can be spent to deploy a new crop of technologies including retrofits and anti-idling devices that are highly effective at reducing emissions from diesel engines makes good sense. Our states are scrambling to find ways to deal with the new EPA designations without jeopardizing economic development. Using CMAO funds more wisely may help us out a great deal. Mr. OBERSTAR. Mr. Chairman, I yield 30 seconds to the gentleman from Oregon (Mr. DEFAZI0). Mr. DeFAZIO. Mr. Chairman, I be lieve this would become the lawyers full employment act, and the other side of the aisle is not usually avidly sup porting the lawyers, because this is so vague, a description of the weight of scientific evidence. How would we weigh it? Do we weigh it physically? Do we weigh it on a molecular basis? What is the weight? I expect that this would lead to lengthy and contentious litigation at great expense to the taxpayers and ba sically inhibit government agencies from using the best available science. It is too vague. It should be defeated. Mr. OBERSTAR. Mr. Chairman, how much time do I have remaining? The Acting CHAIRMAN. The gen tleman from Minnesota has 2 minutes remaining. Mr. OBERSTAR. Mr. Chairman, I yield myself the remaining time. Let me first make it clear that the language of this amendment was not worked out with staff on our side, nor by the majority staff. I represent on this issue the bipartisan position of the committee in opposition. We have seen the dangers of manipu lated science. The tobacco industry produced study after study trashing the impact of smoking and secondhand smoke, only to be overturned in case after case and by Federal Government health agencies. This year, we have seen the dangers of industry-funded studies on Vioxx and Celebrex, and those two drugs have been withdrawn. Was that done on the basis of weight of evidence? Such a vague and subjective standard. Mr. Chairman, the National Academy of Sciences is the authority that we frequently turn to in the Committee on Transportation and Infrastructure and community. transportation in the They oversee transportation environ mental research. They, the National Academy of Sciences, truly are the gold standard. They do not play around

the edges with such vague terms as weight of evidence. They evaluate the evidence. They make scientific judgments. They come to good sciencebased conclusions. That is where we ought to go; and if the gentleman were serious about this issue of getting very objective scientific evidence to bear on environmental issues of health or envi ronment, subject it to review of the National Academy of Sciences. That would be standard enough for us. We would let it ride at that. But as it stands, I must oppose the amendment. The Acting CHAIRMAN. The ques tion is on the amendment offered by the gentleman from Texas (Mr. BAR
TON).

designated as a nonattainment or mainte nance area for ozone as described in section 149(b), any county within the area was also classified under subpart 3 of part D of title I of the Clean Air Act (42 U.S.C. 7512 eL seq.) as a nonattainment or maintenance area de scribed in section 149(b) for carbon mon oxide, the weighted nonattainment or main tenance area population of the county, as de termined under clauses (i) through (vi) or (viii) of subparagraph (B), shalt be further multiplied by a factor of 1.2.; (3) by redesignating subparagraphs (B) and (E) as subparagraphs (E) and (F), respec tively; and (4) by inserting after subparagraph (C) the following:
(B) ADDITIONAL ADJUSTMENT FOR PM-2.5 OR

The question was taken; and the Act ing Chairman announced that the ayes appeared to have it. Mr. OBERSTAR. Mr. Chairman, I de mand a recorded vote. The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further pro ceedings on the amendment offered by the gentleman from Texas (Mr. BAR TON) will be postponed. It is now in order to consider amend ment No. H printed in House Report 10915.
AMENDMENT NO. Ii OFFERED BY MR. SHADEGO

PM-il AREASIf, in addition to being des ignated as a nonattainment or maintenance area for ozone or carbon nionoxide, or both, as described in section 149(b), any county within the area was also designated under the PM2.5 or PMlB standard as a nonattainment or maintenance area, the weigh t ed nonattainment or maintenance area popu lation of those counties shall be further mul tiplied by a factor of 1.2. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from Arizona (Mr. SHADEGG) and a Member opposed each will control 5 minutes. The Chair recognizes the gentleman from Arizona (Mr. SHADRGG).

Mr. SHADEGG. Mr. Chairman, I offer an amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol lows: Amendment No. 11 offered by Mr. SHADEGG: At the end of subtitle A of title I, add the following (and conform the fable of contents of the bill accordingly): SEC. 5125. ADDITION OF PARTICULATE MATTER AREAS TO CM.AQ. Section 104(b)(2) of title 23, United States Code, is amended (1) in subparagraph (B) (A) in the matter preceding clause (i) by striking ozone or carbon monoxide and in serting ozone, carbon monoxide, or particu late matter (in this paragraph referred to as PM2.5 or PMlB) (B) by striking clause (i) and inserting the following: (i) 1.0, if at the time of apportionment, the area is a maintenance area;; (C) in clause (vi) by striking or after the semicolon; (D) in clause (vii) (i) by striking area as described in section 149(b) for ozone and inserting area for ozone (as described in section 149(b)) or for PM2.5 or PMjo; and (ii) by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (viii) 1.0 if, at the time of apportionment, any county that is not designated as a nonattainment or maintenance area under the 1hour ozone standard is designated as nonattainment under the I-hour ozone standard; or (ix) 1.2 if, at the time of apportionment, the area is not a nonattainment or mainte nance area as described in section 149(b) for ozone or carbon monoxide, but is an area designated as nonattainment under the PM 2.5 or PMlB standard.; (2) by striking subparagraph (C) and insert ing the following:
MONOXIDE AP,EAS.If, in addition to being
(C) ADDITIONAL ADJUSTMENT FOR cARBoN

0 1300 Mr. SHADEGG. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my amendment seeks to address a significant air quality issue facing many of our communities and our constituents. Out Nation faces a serious air quality problem with tiny particles of dust and chemicals otherwise known as particu late matter. Particulate matter is a health hazard because people breathe it in and the human respiratory system cannot fitter the particles out because they are so small. Thirty States have areas with partic ulate matter problems and over 300 million Americans live in communities facing this issue. Many Scientific stud ies have linked the breathing of partic ulate matter to a series of health prob lems, including aggravated asthma, chronic bronchitis, decreased lung function and also premature death. Particulate matter is also the major cause of haze and reduced visibility in many parts of the country. That is pre cisely the reason why Congress re quired communities to achieve air quality standards for these small par ticulate matters under the Clean Air
Act.

The EPA has accordingly established two standards for particulate matter.

One is PMlO, which is a fairly fine par ticulate matter, and the second is PM 2.5 which is extremely fine particulate
matter. Both are produced by vehicles driving on both paved and unpaved roads, and neither PMiD nor PM2.5 can be filtered out by the human res piratory system. Current law allows States to use funds provided through the Congestion Management Air Quality Improvement

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program, known as CMAQ, to achieve compliance with particulate matter. However, the current allocation for mula for funding under that law does not make any reference to or include particulate matter. This leads to sig nificant funding shortfalls with regard to dealing with particulate matter problems. My amendment seeks to correct this inequity by adding both the EPA standards fur particulate matter fur PMb and PM2.5 to this allocation formula. The language is essential be cause it will greatly aid areas with par ticulate matter pollution problems in meeting the air quality standards, par ticularly the emissions of these pollut ants from roads. Measures which States and counties are required by law to take tu deal with particulate matter problems in clude purchasing specially designed street sweepers; curbing, paving and stabilizing the shoulders of paved roads; paving, vegetating and chemi cally stabilizing access points and un paved roads; the timing of traffic lights; and using unformnlated gaso line. Again, this is a serious issue facing our communities. It directly affects my constituents and those of many of my fellow colleagues. My amendment would make the CMAQ program more equitable in its allocation of resources and would rec ognize the significant air quality con cern which is currently overlooked in the programs funding formula. I urge my colleagues to support the amendment. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I claim time in opposition to the amend ment, and I yield myself such time as I may cunsume. Mr. Chairman, the gentleman frum Arizona (Mr. SHAnECC) raises a very se rious matter, modifying the Congestion Management and Air Quality Improve ment provisions in current law and the formula. The manner in which the gentleman proposes to do this is a little more complicated than I think is appropriate to resolve in amendment form on the floor. But I, in cooperation with the chairman of the full committee, be lieve we can work this out with the gentleman from Arizona (Mr. SHAnEGG) as we proceed to conference. If the gentleman is inclined to with draw the amendment, having given a very thoughtful discussion of it, I be lieve as we did last year in the effort tu reach a bill which we ultimately did nut, not for this reason but for other reasons, that we can work this matter out. Mr. SHADEGG. Mr. Speaker, will the gentleman yield? Mr. OBERSTAR. I yield tu the gen tleman from Arizona. Mr. SHADEGG. Mr. Chairman, as we have discussed, this is an issue which I raised last year and un which the gen

tleman graciously agreed to address, both the gentleman and the full com mittee chairman, in the conference. It is a complicated issue. When we dealt with this issue last year, one of these two pollutants had been included in the bill on the Senate side; the other had not. So our concern was tu make sure that, if we dealt with one, we should deal with both because some States are confronted by a problem by one of those, and some States are con fronted by a problem with the other. Quite frankly, some States have buth. But I am prepared at the right point in time tu withdraw the amendment based on my understanding from both the full committee chairman and the ranking member that this is an issue which can be addressed. It is indeed a more complicated issue than can be dealt with in a floor amendment and it can be addressed in conference. And based on the assurances I received I am more than willing to do that. I am nut anxious to do it now be cause I have one gentleman who would like to speak to the issue, but once he has had a chance to du so I will be happy to proceed as agreed. Mr. OBERSTAR. Mr. Chairman, I as sure the gentleman that we will reach in every good faith a resolution to this matter. Mr. Chairman, I reserve the balance of my time. Mr. SHADEGG. Mr. Chairman, I yield 1 minute to the gentleman from Geor gia (Mr. GINGREY). Mr. GINGREY. Mr. Chairman, I thank the gentleman from Arizona (Mr. SHAPEGG) for yielding me time. Mr. Speaker, I rise in support of the gentlemans amendment. I believe that the Federal government and the Con gress need to be part of the solution to cities around the country that are in non-attainment status. This amendment is a good step in providing relief for cities such as Co lumbus, Georgia, in Muskogee County, part of my 11th Congressional District, that only recently has been designated nun-attainment, and it is nun-attain ment of this PM2.5 that the gen tleman from Arizona (Mr. SHAnEGG) was just talking about, these tiny 2.5 or below microparticulate matter. We can save for another day, I guess, the debate over particulate matter non-attainment and whether cities such as Columbus should be designated as such. But today, I would like to say thank you to the gentleman from Ari zona (Mr. SHAnartu) for offering this amendment that will allow funding to be provided to these cities. I understand the gentleman may withdraw the amendment. I appreciate the ranking member being wining to work with him on trying to resolve this. But on behalf of the people of Muskogee Cuunty and the City Colum bus and Phoenix City, Alabama, as well, I think this is a good idea and I commend the amendment. Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.

Mr. Chairman, I affirm my willing ness to wurk with the gentleman and the chairman to resolve this matter as we proceed to conference on with drawal of the amendment. Mr. Chairman, I yield back the bal ance of my time. Mr. SBADEGG. Mr. Chairman, based on the representations of both the chairman of the committee and the ranking member, their gracious will ingness to work on this issue as it moves to conference and their ac knowledgment that it is a serious con cern, I ask unanimous consent to with draw the amendment. (Mr. CHAIRMAN The Acting HEFLEY). Is there objection to the re quest of the gentleman frum Arizona? There was no objection. The Acting CHAIRMAN. It is now in order tn consider amendment number 12 printed in Rouse Repurt 10915.
AMENDMENT NO. 12 OFFERED BY MR. FLAKE

Mr. FLAKE. Mr. Chairman, I offer an

amendment. The Acting CHAIRMAN. The Clerk will designate the amendment. The text of the amendment is as fol

lows:
Amendment No. 12 offered by Mr. FLAKE: At the end of section 1103 of the bill, add the following: (el SuBTRAcTION OF EARMARKS FROM SuR FAcE TRANSPORTATION PROGRAM FuNnrNn. Section 104(b)(3) of title 23, United States Code, is amended (1) in subparagraph (B) by striking sub paragraph (Al and inserting subparagraphs (Al and (C): and (2) by adding at the end the fotlowing:

(C)

SuBTRAcTION OF EARMARKS.

(i) IN 0ENERAL.Amounts to be appor tioned to a State under subparagraph (A) for each of fiscal years 2004 through 2009 shall be redeced by the aggregate amount made available to the State (and recipieuts in the State) out of the Highway Trust Fund fur that fiscal year for projects described in sec

tions 1702, 3037, and 1018 of the Transpor tation Equity Act: A Legacy for Users.
(ii) EFFECT ON MINIMUM GUARANTEEIn determining a States percentage return from the Highway Trust Fund (other than the Mass Transit Account) for purposes of section 105 for a fiscal year, the Secretary shall treat amounts subtracted under clause (i) for that fiscal year as amounts appor tioned to the State for the surface transpor tation program for that fiscal year. (iii) REAPP0RTIONMENT.Amuunts sub tracted from a State fur a nscal year under this subparagraph shall be reapportioned among the States under the formela in sub paragraph (A).. The Acting CHAIRMAN. Pursuant to House Resolution 144, the gentleman from Arizona (Mr. FLAKE) and a Mem ber opposed each will control 5 min utes.

The Chair recognizes the gentleman from Arizona (Mr. FLAKE). Mr. FLAKE. Mr. Chairman, I yield
myself such time as I may consume.

Mr. Chairman, in years past, I have offered this amendment as well. My concern with the highway bill is that there are so many earmarks totaling over $11 million in last years bill and somewhere similar this year that those earmarks come off the top, and it de creases the amount of money made available to Arizona in the end.

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standing is that the managers amend ment did contain language to actually fund the earmarks below the line, meaning that they actually will and much of this amendment is actually contained in the bill already. Is that not the case? l3ecause if so, there is no way we can come anywhere close to reaching the 92.6 that has been, if not guaranteed, bandied about. Mr. OBERSTAR. Mr. Chairman, will the gentleman yield? Mr. FLAKE. I yield to the gentleman from Minnesota. Mr. OBERSTAR. Mr. Chairman, we reached a delicate balance in extensive negotiation between the majority and minority, between the leadership in a formula that is spelled out in the man agers amendment that accomplishes the goal in real terms of achieving 92.6 percent return for all States. Mr. FLAKE. Reclaiming my time, if the chairman would chair, my under standing is, and if the gentleman would clarify, that the guts of this amend ment is already contained in the man agers amendment. If that is the case, then I am willing to consider with drawing. But what I want to make sure is that the earmarks that are still funded, and according to news reports this morning, earmarks will still be funded above the line that are regional in nature or regional in national sig nificance. I just want to make sure there is criteria for those that will not start pulling other earmarks above the line, therefore diminishing the amount of return that my State gets. Mr. YOUNG of Alaska. Mr. Chair man, will the gentleman yield? Mr. FLAKE. I yield to the gentleman from Alaska. Mr. YOUNG of Alaska. Mr. Chair man, 1 do not believe the gentlemans State will get any less money under what we propose. It will be at 92.6, and the problem with this amendment is that it is the Flake amendment and that is the number one problem. I will tell you very frankly, after stressing that we worked very closely with the leadership, with everybody trying to reach a solution with the amount of dollars we have and still in fact take care of those Members that believe in fact they should have a say about some monies that go into their State and where it goes. The idea that collec tively you will sit down with your fel low Members and you will arrive at a decision and you have got two senators over there, you can forget it because that is not going to happen. And this is the one time Members themselves have an opportunity to make a decision for the State in their district. California, in which I believe has 52 Congressman now, I have some areas that have never got a nickel of Federal monies because of Caltrain who spends it all in the larger populated areas. That is the unfortunate fact of life. Be cause the Department of Transpor tation is not always right on the trans portation needs for individual districts, and this is the House of the people. And

March 10, 2005

My amendment would fund the ear marks under the line, meaning that the earmarks would come out of a States formula, not off the top, meaning that my formula in Arizona would be dimin ished for earmarks in Vermont or Alas ka or another State. My amendment, I should point out, would neither strike nor prevent Mem bers from securing earmarks for their district. It would, however, put the dis cussion for State priorities where it be longs, at the State levels or among State delegations. Members of my dele gation from Arizona, for example, could get together and say we are not convinced that our State Department of Transportation is putting the right priority on this area or this area, or, politically, they are ignoring my dis trict, for example. Those are decisions that could be made there; but other States should not be penalized by our earmarks. And that is what has hap pened in years past. I just want to make sure that it does not. I would like to ask the chairman or the ranking minority member if they are willing, after offering this amend ment, my understanding is that the managers amendment actually con tains language to fund earmarks below the line and do much of what my amendment intended to do. My concern is that the criteria for earmarks that will still be funded above the line may be a little too loose and that, in the end, those earmarks will end up coming out of my States formula as well. Mr. Chairman, I reserve the balance of my time. Mr. OBERSTAR. Mr. Chairman, I rise in Opposition to the amendment. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, this amendment gets to the guts of the bill that we are pre senting to the House today. A similar amendment, maybe even the exact lan guage of this amendment, was over whelmingly defeated last year by a vote of 367 to 60. The intent of the amendment is simply to reduce a States apportionment under the Sur face Transportation Program dollar for dollar by the authorizations that Mem bers of that State receive for highways and transit high-priority projects and require the Secretary to use a revised apportionment that includes the offset in determining the States rate of re turn. The amendment punishes States that do well in high-priority projects and transit new starts and redistributes those dollars elsewhere. That is con trary to the entire intent of this legis lation. Members should have a say in the distribution of the dollars under this legislation. Mr. Chairman, I reserve the balance of my time. Mr. FLAKE. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, my understanding of the gentleman from Minnesota (Mr. OBERSTAR), if he will clarify, my under-

if I thought for one moment that any of these dollars were spent for any thing other than transportation, I would be frankly against it. But every dollar being spent is for transpor tation. And this is the one time every 6 years that there is an opportunity to, in fact, advance for each of the Mem hers district, and if you do not choose to do that, that is your prerogative. But to have other Members to be de prived of that opportunity, I think, is inappropriate. LI 1315 The gentleman and I have discussed this amendment for quite a while, and I can just about assure him I have com mitted to the donor States that we would be able to, in fact, reach that 92.6, and it will be in the final version of the bill when it goes to the Presi dents desk. (Mr. Acting CHAIRMAN The HEFLEY). The gentlemans time has ex pired. Mr. OBERSTAR. Mr. Chairman, how much time remains on my side? The Acting CHAIRMAN. The gen tleman from Minnesota (Mr. OBERSTAR) has 4 minutes remaining. Mr. OBERSTAR. Mr. Chairman, I yield myself such time as 1 may con sume. The chairman of the full committee has explained the issue very well. The point of inviting Members to submit for designation by the committee projects of great significance within their districts acknowledges the re ality that not all wisdom in investing transportation dollars resides in State DOTs. That is why the Federal Highway Ad ministration does not make these deci sions. The dollars go from the Highway Trust Fund through the Federal High way Administration out to the States to make decisions and when a road or a bridge is not built or improved, or a transit system investment is not made, our constituents come to us, Members of Congress, you are out there in Wash ington, you vote on this legislation, you vote for the Highway Trust Fund, you set up the policies by which those dollars are invested, and we are not getting the investment that we need. So they come to us, and it is for us to serve as a correction to State DOTs, and that is what we do in this process. Now, in including Member high-pri ority projects in the minimum guar antee, we have reached the 92.6 percent return on equity to the States, resolv ing the issue and the problem the gen tleman from Arizona has raised. Mr. YOUNG of Alaska. Mr. Chair man, will the gentleman yield? Mr. OBERSTAR. I yield to the gel] tleman from Alaska. Mr. YOUNG of Alaska. Mr. Chair man, in all due respects to my good colleague from Arizona, I would appre ciate it if he would withdraw the amendment. We know what he is try ing to do, and I have told the leader ship we are going to get to where he

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wants to go. If my colleague insists on a vote, I will reluctantly have to vigor ously oppose it. So I would like to make a suggestion. Discretion is the better part of valor. Mr. FLAKE. Mr. Chairman, will the gentleman yield? Mr. OBERSTAR. I yield to the gen tleman from Arizona. Mr. FLAKE. Mr. Chairman, 1 do, with the understanding that we do reach the 92.6 and understanding that we can only do that if we include earmarks under the line. Frankly, if my col leagues do the math, that is the only way we can. That is why I was pleased to see that the managers amendment did contain that provision. My concern is, and the gentleman from Alaska, my good friend, did men tion that every dollar goes toward transportation. It is simply not the case. I read the bill last night, and some of it, some of it, but I did not have to read all of it. Mr. OBERSTAR. Mr. Chairman, re claiming my time, I think the gen tleman has made his case. Our side has made the case, and we have the right to close, and I assure the gentleman from Arizona that the interests of the State of Arizona are well cared for in this legislation and of all the States and the agreement that is embodied in the managers amendment was reached at the very highest levels of policy within this body and on the majority side, and we have to reject the gentle mans amendment, and I would, in fact, urge him to withdraw the amendment. Mr. Chairman, I yield back the bal ance of my time. (Mr. CHAIRMAN Acting The HEFLEY). Does the gentleman from Ari zona (Mr. FLAKE) withdraw the amend ment?

Mr. FLAKE. I have the right to close. I do have a minute to close. The Acting CHAIRMAN. The gentle mans time has expired. Mr. FLAKE. Mr. Chairman, I ask unanimous consent to withdraw my amendment. The Acting CHAIRMAN. Is there ob jection to the request of the gentleman from Arizona? There was no objection.
vAOATINO OEMANO FOE EEcOE0E0 VOTE ON AMENOMENT NO. 10 OFFERER ST MR. BARTON OF TEXA5

MODIFICATIONS TO AMENDMENT NO. 1 OFFERED BY MR. YOUNG OF ALASKA TO H.R. 3, TRANS PORTATION EQUITY ACT: A LEG ACY FOR USERS
Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that during further consideration of H.R. 3 in the Committee of the Whole pursuant to House Resolution 144, the first amend

ment printed in House Report 10915 be considered to have been adopted with

Mr. OBERSTAR. Mr. Chairman, I ask unanimous consent to vacate the pro ceedings by which a recorded vote was requested on the Barton amendment. The Acting CHAIRMAN. Is there ob jection to the request of the gentleman from Minnesota? There was no objection. The Acting CHAIRMAN. Without ob jection, the request for a recorded vote is vacated and the amendment is
adopted pursuant to the voice vote an nounced by the Chair. Mr. YOUNG of Alaska. Mr. Chair

the modifications I have placed at the desk. The SPEAKER pro tempore. The Clerk will report the modifications. The Clerk read as follows:
Modifications to amendment No. 1 offered by Mr. Yoosc of Alaska: In the first paragraph on page 25 of the amendment, strike and strike $1,250,000 and all that follows through $2,750,000 On page 69 of the managers amendment, after the amendment relating to item 864 of the table contained in section 1702 of the bill, insert the following: In item number 492 of such table, strike $3,000,000 and insert $4,000,000. In item number 498 of such table, strike $2,500,000 and insert $3,500,000. In item number 1830 of such table, strike $2,000,000 and insert $3,000,000. In item number 2767 of such table, strike $3,000,000 and insert $4,000,000. In item number 3442 of such table, strike $400,000 and insert $500,000. In item number 3443 of such table, strike $100,000 and insert $1,500,000. In item number 968 of such table, strike $5,000,000 and insert $7,000,000. In item number 508 of such table, strike $1,107,000 and insert $1,827,000. In item number 1612 of such table, strike $2,000,000 and insert $2,880,000. On page 89 of the managers amendment, at the end of such table add the following:

man, I move that the Committee do now rise. The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.

McHuco-i) having assumed the chair, Mr. HEFLET, Acting Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consider ation the bill (H.R. 3) to authorize funds for Federal-aid highways, high
way safety programs, and transit pro

grams,

and

for

other purposes,

had

come to no resolution thereon.

HIGH PRIORITY PROJECTS

No.
3632 1633 cA

State

Project Description

Amount $9,000,000 $9,000,000

$9,000,000 $11,000,000

IL IL CA
IA CA

3634 3635 3636

3637 3638

Reconstruct SR 1 from Westport to Marshall Highway construction on RT 1 between RT 14 and RT 9 SR 127 from Raymond to Unity Improvements to US 101 construct Rt 20 from Rockway city to Epworth 1-8 from San Diego to Kama
1-15 from Escondido to Barstow Widening and improvements to RT 14 from RT 126 to RT 178 Bicycle and Pedestrian improvements in Georgetown and Middletown Safety Improvements to 110 from SR 80 to Route 83 Northwest Bypass between K96 and 119th Street

3639
3640

cA cA IL AZ KS
cA

$5,000,000 $8,000,000 $12,000,000 $9,525,000 $6,000,000 $11,000,000 $2,000,000 $12,000,000 $9,000,000 $9,000,000 $8,000,000
$6,000,000

1641
3642 1643 3644 1645 3646 3647

West
Safety improvements to SR 99 construct 170 from Greenville to Marshall 1-40 from Barstow to Needles

3648
3649 3650

IL CA AZ AZ tA
cA

Improvements on 140 from Kingston to Navaio flS related improvements on fnterstates in AZ Rehabilitate US 680 from SR59 to Des Moines Resurfacing and Reconstruction of US 395 from RT
18 to RT 168

$5,000,000 $12,000,000 $8,000,000 $11,000,000 $10,000,000

$8,000,000 $8,000,000

3651
3652 3653

IL cA

Improve 174 from Colona to Mahomet Safety improvements to IS from Santa Clarita to
Raron US 67 highway safety improvements from Godfey to
Viola

OH CA

1654

Safety improvements to US 35 from Jamestown to Winchester Construct Transportation Enhancements on SR 1 be tween RT 246 and RT 192

H1314
No. 3655 3656 3657 3658 3659 3660 3661 3662 3663 3664 3665 3666 3667 3668 3669 3670 3671 3672 IL CA IL
IA

CONGRESSIONAL RECORD
State

HOUSE

March 10, 2005

Amount $9,000,000 $30,575,000 $9,000,000
$4,000,000

HIGH PRIORITY PROJECTSContinued

Project Description Reconstruct 157 from Frankfurt to Masoon ITS improvements to reduce congestion on I 405 from ItT 118 to RT 36 Construction on 180 from Geneseo to Joliet Safety enhancements along Itt 30 from Carroll to Dewitt Reconstruction on RT 40 from US 52 to RT 90 Safety related improvements on RT 109 from US 136 to RT 16 Construct 165 from Bolingbrook to Gardner Construction of Route 77 from Route 277 to Route 80 Reconstruction of 171 from Cincinnati to Columbus Make safety improvements to 194 from Chesterton to Deerfield Acquire land for Environmental Mitigation to pre server wildlife habitate connectivity along US 51 from RT 161 to RT 10 Construct 180 from Truckee to Fairfield Construct highway widening and safety improve ments on Rt 301 between Rt 125 and Little River Construction of operational improvements and pur chase of ITS infrastructure on the 1-26 corridor Highway beautification of Rt 52 between Tr 46 and Fairfield Resurfacing and Reconstruction on RI 19 between Rt 71 and Rt 7 Highway-rail crossing safety related improvements on Rt 37 between US 35 and US 50 Pave remaining stretch of the Turquoise Trail, BIA Route 4, which is a north-south road that joins AZ HW 160 in the north to AZ HW 264 in the south por tion of BIA Route 4 Improve marine intermodal facilities in Ketchikan Highway improvements to improve access to the Kennedy Center Construction of four lanes on Hwy 53 between Vir ginia and Cook and construction of two passing lanes between Cook and International Falls McKenzie highway enhancements, Lane and Lion Counties

IL

$8,000,000
$9,000,000

IL
IL

AZ OH IL IL
CA

$10,000,000 $9,000,000 $8,000,000 $9,000,000 $8,000,000 $8,000,000 $5,000,000 $6,500,000

$4,000,000

NC SC MI TX IN AZ

$5,000,000 $7,000,000 $2,000,000

3673 3674 3675 3676

AK DC MN OR

$25,000,000 $5,000,000

$7,000,000
$3,100,000

In item 159 of the table contained in section 3038, strike $640,000 and insert $960,000, strike $660,000 and insert $990,000, and strike $700,000 and insert $1,050,000. On page 98 of the managers amendment, at the end of the table of projects for bus and bun-related facilities, add the following: Project 44L St. Paul, MN Intermodal Center 442. Albany, OR North Albany park and ride 443. Portland, OR Tn Met bus replacement On page 158 of the managers amendment, strike subparagraph (C) of section 5403(1) that is proposed to be added at the end of subtitle B of title V by the managers amendment and insert the following: (C) by striking 300,000 and that and in serting 300,000,; and Mr. YOUNG of Alaska (during the reading). Mr. Speaker, I ask unanimous consent that the modifications be con sidered as read and printed in the RECORD. The SPEAKER pro tempore. Is there objection to the request of the gen tleman from Alaska? There was no objection. The SPEAKER pro tempore. Is there objection to the original request of the gentleman from Alaska? There was no objection. FY 06 $1,440,000 $256,000 $364,000 MAKING FINAL PERIOD OF GEN DEBATE PURSUANT TO ERAL 144 IN RESOLUTION HOUSE ORDER PRIOR TO DISPOSITION HR. TO 3, AMENDMENTS OF TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that during further consideration of H.R. 3 in the Committee of the Whole, pursuant to House Resolution 144, the final period of general debate may be in order be fore the disposition of amendments. The SPEAKER pro tempore. Is there objection to the request of the gen tleman from Alaska? There was no objection. FY 0? $1,485,000 $264,000 $396,000 FY 08 $1,675,000 $280,000 $420,000

the State of the Union for the further consideration of the bill, H.R. 3. El 1322
IN THE COMMIV1EE OF THE WHOLE

TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS The SPEAKER pro tempore. Pursu ant to House Resolution 144 and rule XVIII, the Chair declares the House in the Committee of the Whole House on

the House resolved Accordingly, itself into the Committee of the Whole House on the State of the Union for the further consideration of the bill (H.R. 3) to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes, with Mr. HEFLEY (Acting Chairman) in the chair. The Clerk read the title of the bill. The Acting CHAIRMAN. When the Committee of the Whole rose earlier today, amendment No. 12 by the gen tleman from Arizona (Mr. FLAKE) had been disposed of. Pursuant to the order of the House of today, it is now in order to conduct a period of final debate on the bill. The gentleman from Alaska (Mr. YOUNG) and the gentleman from Min nesota (Mr. OBER5TAR) each will con trol 5 minutes.

March 10, 2005

DFFAZI0) claim the time?

CONGRESSIONAL RECORDHOUSE
Mr. DEFAZIO. Mr. Chairman, like the gentleman from Alaska (Chairman YOUNG), the gentleman from Minnesota (Mr. OBERSTAR) and I believe strongly in the importance of regional transit authorities and will work with the gen tlemen from South Carolina (Mr. CLY BURB) and (Mr. SPRATT) to find an agreeable solution to this issue in con ference. Mr. SPRATT. Mr. Chairman, if the gentleman would further yield, I thank both gentlemen and look forward to working on this issue as the conference committee begins its deliberations. I thank the gentleman very much for this opportunity. Mr. YOUNG of Alaska. Mr. Chair man, I reserve the balance of my time. Mr. DEFAZIO. Mr. Chairman, I yield myself 2 minutes. Again, I want to thank the chairman of the full committee, chairman of the subcommittee, ranking member, the gentleman from Minnesota (Mr. OBER STAR), the staff members, the leader ship in the House, everyone who has contributed to what I think is an ex traordinary product in this bill. This bill is going to make vital in vestment in the crumbling infrastruc ture of the country to refurbish it, maintain it, improve it. It is going to anticipate growth needs and conges tion. It is going to contribute to the growth of our economy. It is going to put tens of thousands, hundreds of thousands of people to work, and we do all this without borrowing any money, creating anymore deficit or debt. That is the most extraordinary thing about this bill and the most notable achieve m ent. We, unlike many other Federal pro grams, have an investment that is to tally paid for by the taxpayers and will be of tremendous benefit to those same taxpayers. The money will be spent in the manner in which it was intended when it was collected from individuals and from commercial drivers at the pump, and this will be, I believe, the signature domestic legislation of this Congress in terms of the positive im pact on the economy of our country. Mr. Chairman, I reserve the balance of my time. Mr. YOUNG of Alaska. Mr. Chair man, I yield myself such time as I may consume. I echo the words of my good friend, the gentleman from Oregon (Mr. DEFAZI0) and, of course, the gentleman from Minnesota (Mr. OBERSTAR), the ranking member. I would also like to not only thank my staff but everybody who has dealt with me for the past 4 years on this legislation. This is a very frustrating position to be in when the cash flow is not really what we wanted it to be and yet trying to achieve what is necessary for this country, and that is a good in frastructure system. I am convinced that we will be revis iting this issue when this bill is on the Presidents desk in the years coming because we have a real challenge in

H1315

Does the gentleman from Oregon (Mr. Mr. DEFAZIO. Mr. Chairman, I claim the time on behalf of the gentleman from Minnesota (Mr. OI3ERsTAR) as the subcommittee ranking member. The Acting CHAIRMAN. The Chair recognizes the gentleman from Alaska (Mr. YOUNG). Mr. YOUNG of Alaska. Mr. Chair man, I yield myself such time as I may consume, and I further yield to the gentleman from South Carolina (Mr. SPRATT) for a colloquy. Mr. SPRATT. Mr. Chairman, I thank the gentleman for yielding. The gentleman from South Carolina (Mr. CLYBURN) and I had an amendment that we ffied yesterday to forgive the debt owed by the Pee Dee Regional Transit Authority to the Federal Tran sit Administration. We are not going to bring this amendment up for a vote, but I would like to engage my col league, the gentleman from Alaska (Chairman YOUNG) in particular, in a colloquy on this issue if agreeable. Mr. Chairman, the Pee Dee Regional Transit Authority, PDRTA, is respon sible for transportation and transit services in an area which encompasses 20 percent of South Carolina, more than 5,300 square miles in some of the most poorest, most rural areas of our State. In the year 2000, the Federal Transit review triennial Administrations found that PDTRA had incorrectly used revenues from contract services as local match for operating assistance grants. The PDRTA finance director at that time determined that PDRTA owed an amount of $895,083 to the FTA, although this number has not been verified by audit by the FTA. PDTRA has completely replaced their management, reformed their business practices, and begun quarterly payments on the debt of around $20,500. With an overall budget of $3.5 million, these quarterly payments have crippled their ability to expand services and to improve access to jobs and medical fa cilities in this underserved region. For this reason, the regional admin istrator of the FTA expressed in a Jan uary 31, 2001, e-mail to me that he sup ports PDTRAs efforts to obtain debt forgiveness. The gentleman from South Carolina (Mr. CLYBURN) and I both sup port the regional PDTRA administra tors position in favor of debt forgive ness. I am just asking the chairman and ranking member for help in trying to resolve this matter in conference. Mr. YOUNG of Alaska. Mr. Chair man, reclaiming my time, the regional transit authorities are important to transportation in rural areas. I would be happy to discuss this matter further with the gentleman from South Caro lina (Mr. CLYBURN) and the gentleman to determine whether we can help with the problems in South Carolina. Mr. DnFAZIO. Mr. Chairman, will the gentleman yield? Mr. YOUNG of Alaska. I yield to the gentleman from Oregon.

this great Nation of ours. We have heard it time and again about how peo ple are delayed and how product is de layed and how our bridges are crum bling, our roads are crumbling. These are not myths. These are actual facts. It was testified before us that we actu ally need probably $500 billion to make sure this country keeps moving, to be competitive with that competitive China. So this is just a small step forward, and I will agree with my friend from Oregon; I do believe this will be the premier domestic legislation that we will pass that will affect more lives im mediately than any other piece of leg islation we will have before this body in the next 14 months. I am proud of the fact that we have been able to do this in a bipartisan fashion. I am proud of the fact that we have been able to, in fact, craft this bill, and there has been lots of cooks in this kitchen, but we have managed to bring everybody together, and I think come out with a very, not think, I know, a very good product in TEA-LU. Now, we are going to go to the Sen ate after I hope everybody votes for this legislation. We will go to the Sen ate. God willing, they will move some thing, and we will have this bill done before the first of June. fi 1330 And for that I thank each Member of this House, for participating in the process and showing the public how this House can work together to produce a product for the benefit of this Nation. Mr. Chairman, I yield back the bal ance of my time. Mr. DEPAZIO. Mr. Chairman, I yield the balance of my time to the gen tleman from Minnesota (Mr. OBER STAR), the ranking member. Mr. OBERSTAR. Mr. Chairman, the gentleman from Alaska (Mr. YOUNG), our chairman, expressed it very well. We are on the brink of a new era in transportation, with a substantially in creased investment in transportation. It is and will be, as the title of this bill describes, transportation equity and a legacy for users, a legacy of a substan tially increased investment in surface transportation; highways, bridges, and safety, over $6 billion, over the next years of this legislation. There is substantial investment in transit, the fastest growing segment of transportation over the last 5 years, adding 1 million new riders a day in transit systems. New innovations, truck lanes that the chairman has strongly advocated will be part of this legislation; increased funding for ferry service, to take more pressure off our roads. The environmental provisions of this provision are far-reaching, for ward-looking, and visionary. We have a good beginning on this legacy for users of our transportation system, properly named. In coming to this point, I, of course, want to thank our chairman, as I have

H1316

CONGRESSIONAL RECORD

HOUSE

March 10, 2005

done at the outset, for his leadership and standing firmly for the $375 billion we truly ought to be investing in trans portation, but with the opener we have the opportunity to come back and do this again. And also thank you to the chairman of the subcommittee, the gentleman from Wisconsin (Mr. PETIU), and my very good friend and partner, the gentleman from Oregon (Mr. DEFAzI0), who is our ranking member on the Subcommittee on Highways, Transit & Pipelines. Also our committee staff on both sides have worked tirelessly and self lessly toward this objective: Dave Heymsfeld, Ward McCarragher, Kathie Zero, Dara Schlieker, and Jen Walsh. Ken House, Art Chan, Stephanie Manning, and Eric Van Schyndle, who spent an enormous amount of time on the Member high-priority proj ects. Beth Goldstein, and from the staff of (Mr. the gentleman from Oregon DEFAsIO) Kathie Dedrick. We have also had unsung heroes and heroines: our unpaid interns Lauren Reed and Homer Carlisle. The Legislative Counsels office: Dave Mendelsohn, who I have known for years and who is a fount of knowl edge on the crafting of the right legis lative language; Curt Haensel and Rosemary Gallagher. and Ross Binder Susan And Chrichton from the Federal Highway Administration. That old African adage that it takes a village to raise a family, well, it real ly took a village of staff, of Members, of support, of participation by the lead ership to produce this child, this Transportation Equity Act, this Leg acy For Users. Let us move forward to make this the Transportation Century. Mr. HASTERT. Mr. Chairman, I rise today in support of HR. 3. rn glad this day has finally come. This is one of the most important bills this Congress can pass. I designated this Highway and Transit Reau thorization as HR. 3 because of its impor tance as the economic growth and jobs bill for this legislative year. Its estimated for every $1 billion we spend on road construction, nearly 48,000 jobs are created. But its more than just jobs. We need an adequate infrastructure to move people and the materials they make efficiently. With more than 67 percent of the Nations freight moving on highways, economists be lieve that our ability to compete internationally is tied to the quality of our infrastructure. In an era of just-in-time delivery and an in creasingly global economy it is unacceptable that traffic congestion currently affects 33 per cent of alt travel on Americas major road ways; leading to 3.6 billion hours of delay each year. I congratulate Chairman YOUNG and the Transportation and Infrastructure Committee for producing a bill that addresses this Na tions need for a transportation system suited to the 21st centurys economy. Further, Chairman YOUNG and the Com mittee have written a fiscally responsible bill at a $283.9 billion funding level that fits within our budget and that the President can sign.

Given the demands of the infrastructure needs and the delicate balance that must be maintained among competing interests for highway and transit funds, this is no small ac complishment. Today, the House of Representatives will prove that it is possible to pass a fiscally re sponsible Highway bitt. It is now up to the other body to quickly match our effort and get into conference so this legislation can be enacted into law before this years construction season passes for States in the North. The time is over for any further delay in re authorizing these vital infrastructure programs. For 2 years, uncertainty and delay over es tablishing multi-year funding levels has ham pered our and the States ability to ptan for and build transportation systems. In conclusion, I want to thank Chairman YOUNG, Ranking Member OBERSTAR and the members of the Transportation and Infrastruc ture Committee for producing this legislation. To quote our Majority Leader TOM DELAY who was also instrumental in getting us to Ihis pointit is time to get it done. Mr. CROWLEY. Mr. Chairman, I rise today in strong support of this legislation. I would like to commend the efforts of Chair man YOUNG and Ranking Member OBERSTAR as well as Subcommittee Chairman PETFtI and Ranking Member DEFAzIO for their tireless ef forts on crafting a strong bipartisan bill. As we all know, this legislation has been a long time coming and I would like to extend my gratitude to these four men for the work they have done to produce such a strong bi partisan bill. In todays current environment in the House, it is really a testament of how Chairman YOUNG and Mr. OBEFtSTAR run the committee and put the needs of United States infrastruc ture before partisan issues. This is one of the most important pieces of legislation tor me because of the benefits it will provide to my district. Without the leadership of Mr. YOUNG, OBEFt STAR, PETRI, and DEFAzt0 and the incredible staff they have on the Transportation and In frastructure Committee our Congressional Dis tricts would still be waiting for the much need ed funding to repair and improve of roadways. I would like to thank you on behalf of my constituents for all the work you have done. Mr. GERLACH. Mr. Chairman, I rise in sup port of HR. 3 and commend Chairman YOUNG and Ranking Member OBERSTAR for their hard work in bringing this bill to the floor. As a Member of the House Transportation and In frastructure Committee, I am proud of the work of our committee and am hopeful that we can enact TEALU quickly to give out State departments of transportation the stability and resources they need to plan for, design and build important highway and transit projects. I would also like to highlight a few issues that I look forward to working with the chair man and ranking member on as this bill moves forward. First, I strongly support a provision that was included in S. 1072, the Senates version of the reauthorization in the 108th Congress. This provision, section 1620 of S. 1072, would provide a 2 percent set aside of funds to be used to address stormwater mitigation. If in cluded in HR. 3, the provision would bring over $29 million back to Pennsylvania to help address some of the major stormwater runoff

problems. Stormwater runoff is a significant source of water pollution, untreated sewage overflows, beach closings and flooding. I be lieve addressing this need with specific fund ing in the bill to correct runoff problems asso ciated with existing highways is good policy. Many of the communities in my own district have to deal with the impacts of runoff from highways and roads, yet have no funding to do so. This provision would correct this prob lem and give local communities access to much-needed funding for storrnwater mitiga tlon. Second, I have worked with my colleagues on the Transportation and Infrastructure Com mittee from Pennsylvania to address a prob lem that has recently come to our attention re garding flexing of Federal highway dollars to shore up the operating budgets of Pennsylva nias transit agencies. I hope that the chair man will continue to work with us to see that our concerns are taken into account. While I certainly understand the ongoing crisis con fronting SEPTA and the Commonwealth of Pennsylvanias other transit agencies, and hence believe the flexing of Federal highway dollars may provide an appropriate, short-term answer to the agencys budgetary problems, I likewise believe that any agreed-to flexing plan should be contingent upon an agreed-to re payment of these much-needed dollars within a short and fixed time period. These highway dollars are absolutely critical to the continued improvement of our regions road infrastruc ture. While the Pennsylvania Legislature and Governor Rendell continue to work toward a permanent solution to mass transit funding, the need to provide transit agencies with a hand up with these dollars may be appro priate. But that assistance should only be pro vided if the Commonwealth agrees to return these dollars to the effected MPOs within a specified time period to ensure the use of these dollars for the initial purposes for which the appropriations were made by the Federal Government. Further, I would like to see a plan in place to assure that the projects de layed by the flexing action are fast-tracked once the flexed dollars are returned. Mr. Chairman, providing flexibility to our metropolitan planning organizations is a laud able goal, but these Federal dollars were never intended to plug holes in the operating budgets of transit agencies, I therefore ask the chairman and members of the committee to work with us to achieve an acceptable solu tion. Finally, in the seclion 307 of the National Highway System Designation Act of 1995, there was included a provision that prohibited states from imposing arbitrary overhead rate caps. Section 307 did have its desired effect, most States are following common overhead and auditing procedures that promote quality design work. The problem is that section 307 provided states a window of opportunity to opt out of the Federal Highway Administration FHWA, overhead and auditing procedures by adopting Slate laws establishing alternative procedures. Thirteen States have taken ad vantage of this opt out and passed law to im pose arbitrary overhead rate caps. As a result, Congress cannot be assured that the most qualified firms are being se lected for working on Federal-aid design projects. Al the same time, many of these States require their

March 10, 2005

CONGRESSIONAL RECORDHOUSE
ments. Within the underlying bill we have be fore us today are projects that propose to make critical improvements to the Main Street Corridor. The Fourth Ward emerged as Hous tons most prominent African-American neigh borhood when thousands of freed slaves flooded into the city after emancipation. These newcomers settled on the fringes of the Third, Fifth, and Fourth wards. The Freedmentown area north of San Felipe and the streets west of downtown not only attracted the largest number of the new black residents but also housed the first black churches, schools, and political organizations. Several factors com bined to facilitate the subsequent growth of the Fourth Wards black community. I would ask that my colleagues take these requests under strong consideration after passage and leading into the conference report. Improvements to Houstons and Texas in frastructure will be the priority for me and for my colleagues. Statistically, Houstonians travel more miles per day than there are miles be tween the earth and the sun. The distance be tween the earth and the sun is about 93 mil lion miles. Houstonians drive about 156 million miles per day. The managers amendment proposes key technical and program improvements to the underlying bill language. In particular, I sup port the changes to the calculation of Rev enue Aligned Budget Authority, RABA; re-es tablishment of budgetary lirewalls for highways and transit programs; reauthorization of the Swill Rail Act at $100 million per year, litle IX of the bill; and extension of revenue provisions approved by the Ways and Means Committee. Moreover, I support the improvements to the bill proposed in the managers amendment. In particular, due to the tremendous bipartisan efforts of my colleagues, the amendment now includes language to guarantee that TEA 21s 90.5 percent minimum guarantee is protected, with a scope defined as no less than 92.6 per cent of the highway program funds in the bill. This is a significant improvement over the bill passed by the House last year. I thank the distinguished majority leader for his work in ensuring that this measure will protect these provisions, allowing the House to move into conference in a stronger negotiating position toward achieving a higher MG above 90.5 per cent. The managers amendment makes this a better bill for Houstonians and for Texans. I would like to offer my support for the amendment offered by Mr. DAVIS of Virginia that will ensure that tolls are applied equally to all users of toll facilities. This amendment would eliminate language in the underlying bill that requires lower tolls to be charged to tow income drivers. Since the administration of dif ferential tolls may be challenging for our exist ing and future toll authorities, this amendment will make important adjustments to the under lying bill. Secondly, I support the Burgess amend ment, which would change the calculation for transportation development credits to ensure that Texas and other States with toll facilities are able to take full advantage of these credits for the benefit of our transit, highway, and highway safety programs. This proposal is vital to the provision of a pro rata calculation of the credits so that we are not penalized for using Federal dollars in our transportation de velopment projects. I support this amendment and ask that my colleagues join me as the Gentleman brings this proposal to the floor.

H1317

audit procedures used by most of their peers. This places unnecessary burdens on engi neering firms and diverts lime, staff and focus away from the technical aspect of the project. Section 1703 of S. 1072, the Senate version of the highway reauthorization in the 108th Congress, included a permanent fix for this problem and I hope that the provision finds its way into the final bill. Again, I would like to commend Chairman YOUNG and Ranking Member ORSRSTAR for their commitment to our Nations highways and transit systems. I am proud to support H.R. 3 and urge all my colleagues to support the bill as welt. Ms. JACKSON-LEE of Texas. Mr. Chair man, I rise to commend Chairman YOUNG and Ranking Member OBERSTAR, as well as the subcommittee leadership for their hard work in crafting the underlying legislation. However, I offer my support for the managers amend ment that seeks to incorporate very important initiatives that were contained in some of the amendments that were made in order by the Committee on Rules. White the underlying bill before us proposes to provide $620 million for some 175 high pri ority projects in the State of Texas, there re main issues that wilt pose significant problems for Houston and for Texas unless this body of fers its commitment to address in the future. Toll credits are a significant resource for transit providers because they can use them in lieu of obtaining a Federal matchthereby greatly expediting the development of major projects that serve the communities. This amendment will cripple the value of the loll credit program. Without the revenue from loll credits, Texas will have less funding for the reduction of con gestion and the improvement of air quality. In reducing an otherwise viable revenue stream, this amendment would restrict local govern ments like Houston from choosing the best tool to respond to local conditions and prior ities. I would have voted against the amend ment that would prohibit the tolling of new interstates, including the 169 Corridor, which lacks an alternate source of financing. I ask that the Committee on Transportation and Infrastructure continue its efforts to pro vide funds to complete the Interstate 69 Cor ridor. The termination of the Interstate Pro gram in 1995 left no mechanism to finish the Nations few remaining incomplete Interstates such as 169. Currently, there is no program to fund major projects which benefit the Nation as a whole but whose costs exceed Stales apportioned funds. Based on these needs, I ask my colleagues to include the National Cor ridor Infrastructure Improvement Program and the Projects ot National and Regional Signifi cance provisions in the bill underlying today. Furthermore, I ask that the committee include them at a funding level equal to those in cluded in H.R. 3550. The Greater Houston area is subdivided into 6 counties; Chambers, Fort Bend, Liberty, Montgomery, WaIler, and my District, Harris. Harris County contains the city of Houston and the largest concentration of people. In the year 2000, approximately 3.5 mitlion people lived in Harris County aloneby far the most popu lous area. Over the next 20 years, the popu lation of the Houston region will continue to grow. The historic Fourth Ward in Houston is long overdue for major transportation improve-

Furthermore, I support the proposal of Mr. Pins that would provide a temporary transi tion period for transit entities, including three in Texas, that, under the most recent census, are now subject to the over 200,000 popu lation prohibition on the use of transit formula dollars for operating expenses. The Pilts amendment would allow those small transit entities in this new situation to use up to 50 percent of their formula funds for operating ex penses for fiscal years 2005 through 2007 and up to 25 percent of the formula funds for oper ating expenses in fiscal years 2008 and 2009. In addition, I join my colleague from Texas, Mr. BARTON in the initiative of his amendment to require studies and assessments of risks to human health or the environment to use sound and objective scientific practices. Due to the short time allotment given to the floor debate on this measure, I was unable to engage the distinguished ranking member from Minnesota in a colloquy. I wanted to dis cuss two very specific and very significant issues that relate not only to Houston, but to Texas and many other States that have devel oping infrastructure and economic cores. I would have asked the ranking member for his assistance in maintaining the issues that I underscore here as priorities as he and his fel low conferees move closer to finalizing nego tiations on this measure. These issues speak to (1) the need for increased transit-retated funding in future authorizing and appropriating measures, and (2) the need to maintain Fed eral oversight of the way in which States and localities regulate the flow of interstate traffic. The Metropolitan Transit Authority of Harris County, METRO, is the agency charged with the public transportation and transit needs. METRO has worked over the past 2 years to create a long-range plan for mass transit in the Houston area. After having worked with the community to receive input, the METRO board of directors adopted a blue-print for its long-range plan called METRO Solutions. The METRO Solutions plan includes: (1) 50 percent increase in METROs bus service, in cluding approximately 44 new local, signature express, express, and Park & Ride bus routes, (2) nine new Transit Centers and nine new Park & Ride lots, as well as expansion and upgrading existing facilities, (3) expansion of the METRO Rail line and commuter line com ponents, including an overall plan with 72.8 miles of rail, and (4) extension of the pay ments to local governments for street and other mobility improvements for five additional years, 201 02014. Texas has a transportation code and it is authorized to act in this field of local government through METRO. I believe that long-term and comprehensive projects such as that of Houston METRO should be given full Federal support? I would add that the authorization

H1318

CONGRESSIONAL RECORD

HOUSE

March 10, 2005

the leadership of the majority leader from Texas. We should go to conference and continue to work with the committee to maintain the need for innovative financing for major transit infra structure. We should remain committed to maintaining the need for financing options for transit projects that promise to foster economic activ ity as a priority. Also, with respect to the issue of the need to maintain Federal oversight of the way in which States and localities regulate the flow of interstate traffic, a program called SAFE Clear has been initiated in the city of Houston and is in the city ordinance. I congratulate the mayor and city council on the vigorous work that its Office of Mobility has done to improve transportation throughout the city of Houston and remain eager to col laborate with them to facilitate this endeavor from the Federal level. However, I must make my colleagues aware that, through feedback that I have received from my constituents, the program has dis proportionately affected certain groups of mo torists, particularly those of lower socio-eco nomic status and those who are or who pri marily transport the elderly. While the pro posed improvements to the ordinance that provide a tree tow could serve our goals well, motorists who do not qualify for a free tow will possibly suffer from the disparate ef [ects of the ordinance complained of by con stituents. I ask that the Transportation Conference en sure that provisions are included in this meas ure and measures In the future that maintain Federal oversight over the regulation of inter state travel. The potentially disparate overall effect of the ordinance merits further analysis, research, and oversight. I hope we will continue to provide oversight over programs such as this through the legis lation that is crafted in committee. Mr. Chairman, for the foregoing reasons, I support the drafters of this legislation for their efforts to fund priority projects and urge my colleagues to do the same. Mr. WEINER. Mr. Chairman, I rise today to thank the leadership of the Transportation and Infrastructure Committee for their hard work shepherding through TEALU, a bill that I wilt support despite its flaws. The Department of Transportation studied the Nations infrastruc ture and prescribed a $375 billion solution. In the 108th Congress, I joined the leadership in endorsing the original version of this bill, which filled that prescription. Unfortunately, the ad ministration is unwilling to come up with the support necessary to ensure that we are able to maintain and improve the Nations infra structure, and threatened to veto any bill that authorized more than $283.9 billion. As a re sult, we are today considering a bill that does not do nearly enough to improve the quality of life for individuals living in New York City and around the country. I look forward to working with the Committee leadership to see that this bill is improved in conference. Mr. Chairman, as this bill moves to con ference, I want to highlight four issues that are of particular import to me and my constituents. It is my hope that the conferees will include these improvements in the conference report. First, this bill should ensure that resources are devoted by formula to states that require improvements. The minimum guarantee pro gram shifts funding from states that have the

greatest needlike New Yorkto other States. Each year, New York provides $20 bil lion more to Washington than it gets back. New Yorkers ought not be punished for our ef forts to conserve fuel, as any expansion of the minimum guarantee program would do. Second, this bill shortchanges New York on transit funding. Despite having almost halt of the Nations transit ridership, New Yorks share of transit funding leaves much to be de sired. Transit funding should better reflect need. Third, I hope that conferees Will ensure that States starved for a consistent funding stream for ferries and waterborne transportation can count on funding from the Ferry Boat Discre tionary Fund. I am acutely aware of how much a guaranteed stream of funding would mean to improve both congestion and homeland se curity alt across the country, and particularly in New York City, where roads are clogged on a normal day, and ferry transportation would provide not only congestion relief but another way to ensure escape from Manhattan in the case of a terrorist attack. At a minimum, New York should receive $5 million per year. I hope conferees will work with me and other Mem bers who represent districts that would benefit from a guaranteed terry funding stream. Fourth, I hope that conferees will work with me to ensure that the generous funding we have provided for Senior transportation in this bill is put to its best use. I believe that estab lishing a center for best practices and a tech nical assistance center, would provide an enormous service to this nations elderly popu lation. Nevertheless, Chairman YOUNG, Mr. OeER STAR, Chairman PETal, and Mr. DEFAZIO de serve the thanks and appreciation of every Member of this House for their tireless effort to ensure that the Nations surface transportation systems receive the resources required to keep America moving. In particular, I would like to thank both the Democratic and Republican staff of the Trans portation Committee, both of whom worked tirelessly on this piece of legislation, and who deserve the entire Houses thanks. In par ticular, I would like to thank Ken House, Ctyde Ward Vanschyndle, Eric Woodle, David Zern, Kathleen McCarragher, Heymsfeld, Dara Schleiker, and Sheila Lockwood of Mr. OBERSTARS staff. Addition ally, I would like to thank Jim Tymon of Mr. YOUNGS staff for his willingness to work with me on the issue of Ferry Transportation. I would also like to thank Tom Kearney, Tom Herriff and their colleagues at the Albany Office of the Federal Highway Administration, Nancy Ross, Fred Neveu, Ron Epstein and their colleagues at the New York State Depart ment of Transportation, and Andra Horsch and David Woloch and their colleagues at the New York City Department of Transportation. Ms. LEE. Mr. Chairman, I rise in support of H.R. 3, the Transportation Equity Act: A Leg acy for Users. Mr. Speaker, TEALU represents the Fed eral governments ongoing commitment to im proving our Nations entire transportation sys tem for the benefit of everyone. Our taxes pay for this infrastructure, and this infrastructure is the lifeblood of the com merce that fuels our Nation. The profits of every single business are dependent on this transportation network, and in turn, are de pendent on our willingness to pay the taxes that fund this network.

The very existence of our roads, our high ways, our rail lines, our ports and our airports is testament to the critical role of the Federal government as the embodiment of our collec tive responsibility. Its the elegantly simple idea that by paying your taxes you improve the quality of life of every person in this country and lay the foun dation for a strong economy that benefits ev eryone. Federal, State and locat governments, cor porations, small businesses, individualsall of us have a responsibility to contribute our share, It is our right to use this infrastructure, but it is also our duty to maintain and improve if for the future. While we plan for the future, the benefits are real, now. tn my district this bill will provide funding to a number of worthwhile projects that will im prove the quality of life for my constituents, the State of California and the entire Nation. One project in particular that Im very proud of is the Ed Roberts Campus. This state of the art project makes it easier for people with dis abilities to get around. It links eight disability organizations to create a multi-tenant facility that will serve as an intermodal transit center as well as a transportation information and travel-training center for people with disabil ities. The Ed Roberts Campus will play a major role in assisting and teaching people with dis abilities to live their lives independently. And because it will be located above the Ashby BART station in Berkeley, its reach will stretch throughout the entire Bay Area, simulta neously serving as a model for urban inde pendent living throughout the Nation. Im proud to support the Ed Roberts Cam pus, and Im happy to announce that $3 mil lion will go towards it through TEALU. Another set of projects that Im also very proud of are the transit oriented developments planned in the City of Oakland and the City of Emeryville. Transit oriented development is a relatively new concept that joins housing, busi ness, public transportation and recreational areas into one Iiveabfe community. We have been on the cutting edge of transit oriented development in my district from the very beginning. And last years successful opening of the Fruitvale Transit Village in Oak land has served as a model for other transit oriented development projects in the Bay Area and throughout the country. Im happy to announce that TEALU will di rectly provide another $2 million for such projects in Oakland and Emeryville. Another issue of concern and an area where this bill makes an immediate impact for my constituents is the construction of side walks in several unincorporated areas in Ash land and Cherryland in

Marc/i 10, 2005

CONGRESSIONAL RECORDHOUSE
want to thank Congressman TED POE for working with us on the US9O project, which will also benefit his constituents by providing another route into central Houston and by re lieving traffic on 110 east and US 59 North. Mr. Chairman, I encourage my colleagues to vote for the bill. Mr. YOUNG of Alaska. Mr. Chair man, I insert into the RECORD an ex change of letters between myself and Chairman POMBO regarding HR. 3.
HousE OF REPRESENTATIVES,
COMMITTEE ON RESOURCES,

H1319
HOUSE OF REPRESENTATIVES, COM MITTEE ON TRANSPORTATION AND INFRASTRUCTURE,

strained transportation networks throughout the country, and placed a greater burden on our environment. I commend my colleagues on the Transpor tation and lnfraslructure Committee for trying to address these problems through TEALU. But the President must also do his part and support more funding. Make no mistake, this is not just about transportation. This is about jobs. This is about the health of our environment, and the health of our economy. Every state, every city, and every member is invested in this piece 01 legislation, because this bill makes an investment in America. The decisions we make today will affect the health of our nation for decades to come. And I hope that the President listens to us and makes the right one. Mr. GENE GREEN of Texas. Mr. Chairman, I rise in support of the hard work of my col leagues, Chairman DON YOUNG, Ranking Member JIM OBERSTAR, Chairman TOM PETRI, and Ranking Member PETE DEFAzIO. This legislation will help our nation keep up with its ever growing transportation needs, but I want to add that it does fall short. It falls short because we have not indexed the gas tax or added the small increases nec essary to allow the country to successfully grow. The Department of Transportation estimated that it will take at least $350 billion to keep up with our transportation needs, but the Adminis tration has drawn a line in the sand at $289 billion. I would ask the President to look back at Texas, where the Republican leadership is now seriously considering indexing the Texas state gas tax, as I proposed many years ago in the state legislature. The gas tax is the easiest tax to defend for a politician, because the benefit to drivers is obvious, and if you dont use your car or truck on the roads, you dont have to pay it. Now we forced into a situation where every new highway in America will be tolled, some thing my middle and low-income commuters and professional truck drivers vigorously op pose. So I support this legislation, but I also sup port the re-opener provision that allows us to consider a gas tax index proposal in the fu ture. I also support further efforts in conference to increase the scope of the minimum guarantee and increase the rate of return on that min imum guarantee. Texas deserves at least 95 percent of the gas tax revenue that we pay into the system. I support the efforts of the Majority Leader to improve our rate of return, but I also en courage him to study what his colleagues, in cluding the Speaker of the Texas House, are considering for the state gas tax. This legislation also included two projects of critical importance to my area in Houston, the reconstruction of Clinton Dr. near the Port of Houston and the construction of US9O from the Beltway into Loop 610. Clinton Dr. is currently in a state of disrepair causing safety concerns and the constant maintenance work is a drain on local re sources. US9O will provide much needed mobility for Northeast Harris County, by completing a project that has been on the books for many years. Development along this corridor will be encouraged and greatly improve the area.

Washington, DC, March 10, 2005. Hon. RIcHAR0 W. PoMeo, Chairman, Committee on Resources, Longworth HOB, House of Representatives, Washington, DC 20515
DEAR MR. CHAIRMAN: Thank you for your

Washington, DC, March 9, 2005. Hon. DON YOUNG. Chairman, Committee on Transportation, and Infrastruc ture, Rayburn 1-FOB Washington, DC.
DEAR MR. CHAIRMAN: I have reviewed the text of HR. 3. the Transportation Equity Act: A Legacy for Users, as ordered reported from the Committee on Transportation and Infrastructure on March 2. 2005. I believe that the Committee on Resources has a sub stantial jurisdictional interest in many pro visions of this important legislation includ ing streamlining of procedures under the Na tional Environmental Policy Act and resolv ing confusion on highway construction and section 106 of the Nationat Historic Preserva tion Act Further, this Committee maintains juris dictional interests in provisions affecting recreational trails, highways on federal pub lic lands (including national parks, Indian lands and public domain forest lands), the Nationat Scenic Byways Program, projects to benefit wildtife, highway safety as it ap plies to Indian country. Recognizing that this historic bill is sched uled to be considered by the House of Rep resentatives this week, and noting the strong spirit of cooperation and coordination your staff has shown mine in the develop ment of this bill, I will forego seeking a se quential referral of HR. 3 to the Committee on Resources. Waiving the Committee on Re sources right to a referral in this case does not waive the Committees jurisdiction over any provision in H.R. 3 or similar provisions in other bills. In addition, I ask that you support my request to have the Committee on Resources represented on the conference on this bitt, if a conference is necessary. Fi nally, I ask that you include this letter in the Congressional Record during consider ation of the bill. Following your mark-up of HR. 3, I want to acknowledge your efforts on the bills en

letter of March 9, 2005, regarding H.R. 3, the Transportation Equity Act: A Legacy for Users. Your assistance in expediting consid eration of the bill is very much appreciated. I agree that there are provisions in the bill that are of jurisdictional interest to the Committee on Resources and I agree that by foregoing a sequential referral the Com mittee on Resources is not waiving its juris
diction.

I would be pleased to support the represen tation of your Committee in any conference on HR. 3 on matters within the jurisdiction of the Committee on Resources. And, as you have requested, I will include this exchange of letters in the Record. Thank you for your

cooperation and your continued leadership and support in surface transportation mat
ters. DON YOUN0, Chairman.

vironmental

provisions,

many

of

which

touch upon Committee on Resources juris

diction. I commend your efforts to stream line the environmental review process under the National Environmental Protection Act as well as Section 4(f) procedures. However, I do have serious concerns about the provision

dealing with the pilot program for mass transit in National Parks. This provision ad dress issues that tie squarely within the ju risdiction of the Committee on Resources
and should be addressed in that context.

Moreover, the bill passed last year by the Senate, S. 1075, contained a number of tiou
bling provisions that I feel should not be in
cluded in any version of transportation legis

Mr. SIMMONS. Mr. Chairman, I rise today in support of the Transportation Equity Act: A Legacy for Users, a vitally important bill that will provide much-needed federal resources to improve the highways and infrastructure in all fifty States. Highway and transit spending is a critical in vestment in national security and essential to our countrys economic welfare and way of life. This is especially relevant at a time when our economy is losing more than $78 billion annually due to highway congestion. Mr. Speaker, Americans waste more than 3.6 bil lion hours in traffic delays, and thousands of Americans die each year due to substandard road conditions. Further, this highway bill will create millions of quality, high-paying jobs across America and thousands in my home state of Con necticut. At a time when too many Americans are either unemployed or underemployed, such construction and infrastructure work will contribute significantly to the quality of life for many working families. I look forward to a healthy debate on the details of this bill, but there is no question that the overall benefits of this bitt will be felt by every American family. When they use our im proved and safer highways to get to work, school, church, vacation, or just home, Ameri cans will appreciate the investment we will make with passage today of this legislation. I know that my constiluents in Connecticuts Second District will especially appreciate the investment made under this bill. The measure we will pass today includes $45 million for high

lation. These provisions include language re lating to the Endangered Species Act and
programs to address invasive species. Thank

you for not including these provisions in your bill.

I appreciate your leadership and coopera
tion on this bill and I look forward to work

ing with you to see that H.R. 3 is enacted

into law soon.

Sincerely, RICHARD W. POMBO,

Chairman.

H1320

CONGRESSIONAL RECORD

HOUSE

March 10, 2005

Nations debt, and brought life-changing im provements to the way Americans tived, worked, and ptayed. Nearty 50 years tater, we must follow the same vision and courage that President Eisen hower and the Congress displayed then and once again invest in America by passing legis tation to improve our Nations highways and infrastructure. Mr. KUHL of New York. Mr. Chairman, I rise today to encourage my senior colleagues in the upcoming conference on the highway bill to agree to a provision which will appear in the Senate highway bill to more cost effectively use funding under the Congestion Mitigation and Air Quality Improvement Programthe so-called CMAQ program. CMAQ is a program which has been used in the past to fund air quality improvements. Its a good program, but I think we can make it a tot better. Heres how. Congress asked the National Research Council of the National Academy of Sciences to examine the cost-effectiveness of the CMAQ program. The Council reported that CMAQ funding could be used more cost effec lively in the future to reduce pollution caused by fine particulate matter. This pollution is the most serious threat to human health, It has also been found to be 10 to 20 times more damaging to human health than other pollut ants, like ozone, that have been historically the focus of CMAQ. And, EPA has found that excessive amounts of fine particulate matter are causing air quality problems for over 100 million people throughout the country. The Senate amendment recognizes this re ality and rebalances CMAQ toward the use ot technologies which will reduce fine particulate matter. This change wilt focus CMAQ on the right issue. And, as importantly, it will result in a far more cost-effective use of limited govern ment resources. The National Research Coun cil found in its study commissioned by Con gress that CMAQ is currently being used to fund projects that cost as much as $252,000 per ton of pollution reduction. In the future, CMAQ can be spent on diesel retrofit tech nologies, made in my district, which can re duce pollution for a maximum of $5,300 per tonnearly a 50 times improvement in cost effectiveness. In fact, diesel retrofits, in many circumstances, are the most cost-effective way to use CMAQ funding. in light of these tacts, I strongly urge my senior colleagues who will be involved in the upcoming conference on the highway bill to adopt the Senate amendment to use CMAQ to tund the installation of diesel retrofit devices on heavy duty diesel vehicles used on con struction sites. This amendment was included in last years Senate bill and, from what I un derstand, will very likely be included in Chair man INHOFES bill for consideration in his Com mittee next week. And, significantly, the Ad ministration strongly endorsed the amendment during the debate over the highway bill last year. Reduction of fine particulate matter emitted by heavy duty diesel vehicles has been a cen terpiece of the Presidents environmental pol icy. He spoke about this during the Presi dential debate. And, in his FY06 budget, he proposed the appropriation of $25 million to deploy diesel retrofit technology on a range of heavy duty vehicles from school buses to dump trucks. Mr. Chairman, I am very proud to promote the use of diesel retrofit technology because it

was invented in my district by Corning Incor porated. As many of my colleagues know, Corning was founded by the great, great grandfather of our distinguished former col league, Amo Houghton. Under the Houghton family leadership, Corning has been a tech nology leader. In tact, it will receive the Tech nology Medal of Honor next week by Presi dent Bush for its invention of the core element of a catalytic converter. Diesel retrofit tech nology was built on this core invention. In closing, Mr. Chairman, I strongly urge the leadership to accept the Senate amendment in conference, because it will lead to the most cost-effective use of CMAQ, because it will advance the use of technology to clean up the biggest threat in the environment to human health, and because it is a centerpiece of the Presidents environmental policy. Mr. KIND. Mr. Chairman, I rise in support of H.R. 3, the Transportation Equity Act. I want to acknowledge the work of the Transportation Committee on this complex bill and especially thank my friend and colleague from Wis consin, Mr. PETRI, for his leadership on the legislation; the Wisconsin delegation is lucky to have such a strong advocate for our citi zens. We all know that transportation bills are jobs bills, and now is certainly the time that we need more jobs throughout the country. I con sistently hear from constituents who are searching for work; who have sent out dozens of rsums and updated their skills but remain unemployed. Each billion dollars spent on highway funding creates not only safer and better roads: it also creates an estimated 47,500 new jobs. An investment in highway funding is an investment for steady work for those in Wisconsin and around the nation. Furthermore, I am pleased that the bill rec ognizes the importance of funding crucial high ways and bridges in Wisconsins Third Con gressional District. Specifically, the inclusion of funding for the Stillwater Bridge, which con nects Houlton, Wisconsin, and Stillwaler, Min nesota, is great news br those of us who have been working on this project for years. The bridge is only one example ot an impor tant project that will provide the nation with safer roads, shorter commutes, and better jobs. Finally, I would like to recognize the impor tant conservation provisions that are retained in H.R. 3. These provisions include tunding for refuge road maintenance, recreational trails and forest roads, as well as funding to facili tate fish passage. It also includes new money for signs to identify hunting and fishing areas accessible to the public. One ot the most im portant provisions is authorization to facilitate a study to help reduce the growing number of highway accidents involving wildlife. I urge my colleagues to support the bill. Mr. FALEOMAVAEGA. Mr. Chairman, I rise today in support of H.R. 3, the Transportation Equity Act: A Legacy for Users (TEALU). I commend Chairman DON YOUNG and Ranking Member JIM OBERSTAR of the Committee on Transportation for their leadership in drafting this legislation and I thank them for supporting my request to set aside $16 million for high priority projects in American Samoa. This funding is in addition to American Sa moas annual federal highway funds and will be used for village road improvements, drain age mitigation, shoreline protection and up grades and repairs of the Tau ferry terminal facility.

In consultation with the Honorable Togiota Tulafono, Governor of American Samoa, we have set aside $10 million for village road im provements in the Eastern, Western, Central and Manua districts of American Samoa. In consultation with Senator Tuaoto Fruean and High Paramount Chief Mauga and mem bers of the Pago Pago council of chiefs, we have set aside $1 million for drainage mitiga tion for Pago Pago village roads. Tago with Senator consultation In Fagasoala Representative Suilefaiga, Lealaitatea and Representative Mary Taufetee and members of the Nuuli council of chiefs, we have set aside $1 million for shoreline pro tection and drainage mitigation for Nuuli vil lage roads. In consultation with Senator Faiivae Galeai, Senator Lualemaga Faoa and members of the Leone and Malaeloa councils of chiefs, we have set aside $1.4 million for drainage miti gation for Malaeloa-Leone village roads. In consultation with Senator Liufau Sonoma and Representative Paopao Fiaui, we have set aside $1 million for shoreline protection and drainage mitigation in AUa village. In consultation with Senator Faamausili Pola and members of the Tau village council of chiefs, we have set aside $1.6 million to up grade and repair the Tau harbor facility. Like other insular areas, American Samoa will continue to receive its annual share of fed eral dollars provided by the Territorial Highway Program. The Territorial Highway Program in cludes American Samoa, Guam, the Virgin Is lands and CNMI. Based on population, area, road mileage, or any combination of these fac tors, each Territory receives a portion of the funds allocated to the Territorial Highway Pro gram. To assure that American Samoa is treated equitably, I have worked closely with Chair man YOUNG and Ranking Member OBERSTAR to make sure that the administrative formula for apportionment is closely reviewed, It is my understanding that the Federal Highway Ad ministration has not reviewed its administrative formula for ten years and I thank Chairman YOUNG and Ranking Member OBEFI5TAR for their commitment to revisit this issue. Again, I commend the Chairman and Rank ing Member for their leadership and for sup porting my efforts to make sure that American Samoas needs are addressed in this historic and important initiative. Without reservation, I urge my colleagues to vote yes on HR. 3. Mr. BOUCHER. Mr. Chairman, I rise today to express my strong support for the most ef fective use of the Congestion Mitigation and Air Quality program. HR. 3, contains provi sions which enable the continuation of CMAQ; however, these provisions do not include lan guage included in the bill by the Senate in the last Congress which

March 10, 2005

CONGRESSIONAL RECORD
OF VSRGINI.A

HOUSE
Tiberi Turner upton Walden (OR) Walsh Wamp

H1321
Wasserman
Schultz Weldon (FL) Weller Westmorelaed Wicker Wilson (NM) Wilson (Sc)

version of the transportation bill a provision which would begin to locus CMAQ on more cost-effective applications including deployment of diesel retrofits and anti-idling technologies, to reduce the emissions caused by construction equipment. That provision will likely be included by the Senate again this year, and the Administration has endorsed the provision, Use of new technologies such as diesel retrotits and anti-idling technologies could make significant improvements to the CMAQ program and reduce pollution in many areas, and I urge my colleagues to favorably consider adopting such provisions as this legislation moves forward, Mr. RARALL. Mr. Chairman, I rise today to voice my support for the transportation bill currently before us. TEALU was crafted as the result of hipartisan compromise, which is the tradition of the Transportation Com
mittee.

AMENDMENT NO. 2 OFFERED ai MR. TOM DAVIS

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

wow
Young (FL)

Whitneld

NOES201
Ackerman Green, Al

Neal (MA)
Oberatar Obey Olver

Allen
Audreiea Baca Baldwin

Green, Gene
Grijalva Gotierrez Narman Hastings (FL) Higgins Hinchey Hino)ooa

Ort)z
Owens Pallone Pascrefl Pastor Payne Pelosi Peterson (MN) Petri Pomerny Price (NC) Rahall

Barrow
Sean Beoerra Beikley Berman

The Acting CHAIRMAN. A recorded vote has been demanded. A recorded vote was ordered. The Vote was taken by electronic device, and there wereayes 224, noes 201, not voting 9, as follows: [Roll No. 62]
AYES224 Abercroiebie Aderholt Akin Alesonder Fuca Franks (AZ) Frelinghaysen Gsllegly Garrett (NJ) Gerlach Gibbons Gilchrest Gillmor Gohmert Goode Goodlatte Oranger Graves Green (IVI) McEeon MeMorris Mica Miller (FL) Miller (MI) Miller, Gory Moran (ES) Moron (VA) Murphy Masgraoe Myrick Neugebaoer Ney Norwood Nones Nossle Osborne

Sorry
Bishop (GA) Bishop (NY) Blomenaner Boehlert Boawoll

Holden Bolt
Honda Hooley Bayer israel Jackson (IL) Jackson-Lee (TX)

Boucher
Boyd

Rangel
Reichert Reyeo

Brady (PA) Brown (OH)

Brown, Corrine autteroeld Capps Capuanu Cardin Cardooo Carnahan Carson Castle Chandler Clay Cleaver Clyborn Conyers Cooper Costa Costello Crowley Cuellar Commingo Davis (AL) Davis (CA) Davis (FL) Oavis (IL) navis (TN) DeFocio DeGette Delohoot DeLaoro Dicko Dingell Dogett Boyle Ehlers Emanuel Engel Eshoo Etheridgn

Jefferson Johnson (IL)

Johnson, E. B. Jones (OH) Ean)oraki Koptur Kennedy (RI) Kildee Kilpatrick (Ml) Eind Kocinich Langevin Lantos Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipiosk) Lorgren, Zoe Lowey Lynch

Russ
Rothnnan Rnybal-Allard Ruppeisberger Rash Ryan (OH) Sabo Nalacar 5Ancheo, Linda T. Sanchez, Loretto Sanders Soliakowsky Schiff Schwartz (FA) Scott (GA) Scott (VA) Serrano Sherman Shimkus

I congratulate Chairman DON YOUNG, Ranking Member OBERSTAa, Chairman TOM PETRI and Ranking Member PETER DEFAZI0 for bringing this bill to the floor. I also congratulate the staffs on both sides of the aisle for their hard work. While I know I speak for many of us who would have preferred an increased funding levelmore in line with the needs of our Country this bill serves as a good first step as we move to ieauthorize TEA 21. Investment in transportation is one of the wisest decisions this Congress Can make. For every $1 biflion spend on infrastructure, 47,500 new jobs are created. That is Certainly welcome news in my home state of West Virginia. Transportation funding also spurs growth and devetopment. eConomic Goods and services are delivered more quiCkly and efficiently, which benefits both the producer sod the Consumer. In West Virginia, we have tied transportation investment to technology and tourism. New and improved roads allow for the tourism industry to thrive and the seeds of enhanced technology to be planted. In sum, transportation investment is a win-win for southern West Virginia. As a member of the Committee, I know how hard our Chairmen and worked to have Members Ranking bring this bill to the floor. I urge my Colleagues to support the underlying bill. Mr. Chairman, I yield back the halanCe of my time.
SEQUENTIAL VOTES PO5TFONEO IN COMMITTEE OF THE WHOLE

Bachas
Baker aarrett (SC) Bartlett (MO) Barton (TX) Boas Beaoprea Biggert Bilirakis Bishop (UT) Blackborn

Blunt
Boehner Ban)lla

Gotknecht
Hall Nanis Hart Hastings (WA) Hayes

Otter
Osley Paul Pearce

aonner
Bonn B000man

Maloney
Markey Morohall lelatbeson Matsui McCarthy MeCellum (MN) McOermntt McGovern lilclntyre McKinney MeNolty ileehan Meek (FL) Meeks (NY) Melancon Menendec M)chaud

Skelton Slaughter
Smith (WA(

Boreu
Boostany

Hayworth
Honey Hensarling Hersetli Hobson Boekotro Ilostettler Holshof Hunter Hyde inglin (SC) Inolee loss

Pence
Peterson (PA) Pickering Pittn Platto Poe Pembo Porter Pnrtmao Puce (GA) Pryce (OH) Putnam Radanovich

soOn Sprott
Stark Strickland Tanner Tauncher Taylor (M5) Thompson (CA) Thompson (1,15) Tierney Towns Udall (CO) Udall (NM) von Belles Velicqueo Vinclouky

Bradley (NH)
Brady (TX) Brown )5C) Brown-Waite, Ginny Burgess Burton (IN) Buyer Caleert Camp Cauoon Cantor Capito Carter Cane Chabnt Chocola

Istook
Jenkins

Regula
Rehberg Rend Reynolds Rogem (KY) Rogers (Mi)

Jindal
Johnson (CT) Johnson, Sam Jones (NC)

Everett
Farr Fottoh Filner

MillenderMcDonald Miller (NC) Miller, George

Waters
Watson Watt Waxinan

Coble
Cole (OK) Conaway

Keller
Kelly

Rohrahacher
Ros-Lebtinen Royce Ryan (WI) Ryan (KS) Saoton

Fitzpatrick (PA)
Ford Frank (MA) Gingrey Gonealez Gordon

Mullohas
Moore (KS) Moore (WI) Martha Nadler Napolitano

Weiner
Wexler Woolocy

Kennedy (MN)
King (IA) King (NY) Kingston

Cuc
Cramer Crenshsw Culon Culberson Cunningham Davis (KY) Doom, Jo Ann Davis. Tom Deal (GA) Dent Diac-Bolart, L Diaa-Balart, M. 000little

vo
Wynn Young (AK)

Kirk Kline
Knnllenberg Kolbe Kohl (NY) Lsllood Latbam LaTenrette Leach Lewis (CA) Lewis (KY)

Schworz (Ml)
senseobrenner Sessions Shodegg Show Shays Sherwood shunter Simmons Simpson Smith )NJ)

NOT VOTfNG9
Baird noLsy Evans Nerger Northup Rsmstsd Rogers (AL) Stupak Weldon (PA)

fi 1403
ACKERMAN, Messrs. GRIJALVA, and BUTTERFIELd, Ms. ESHOO and Mr. McINTYRE Changed their vote from aye to no. ssrs, SHAW, LEWIS of Kentucky, LEWIS of California, BROWN of South Carolina, OTTER, SHUSTER, KINGABERCROMBIE, McKEON, STON, SNYDER, and OSBORNE, Mrs. WIL SON of New Mexico, and Mrs. JOHN SON of Connecticut, changed their vote from no to aye. So the amendment was agreed to.

(Mr. CHAIRMAN Acting The LAH000). Pursuant to clause 6 of rule XVIII, proceedings will now resume on those amendments on which further proceedings were postponed in the following order: an amendment offered by the gentleman from Virginia (Mr. TOM DAVIS) and an amendment offered by the gentleman from Pennsylvania (Mr. PITTS). The Chair will reduce to 5 minutes the time for the second electronic vote.

Drake
Dreier Duncan Edwards Ememan

Linder
Loaiondo

South
Snyder

Lucas
Luogren, Daniel

5odrel
Snoder

E.
block Msnzu)lo Barchant McCsol (TX) MeCotter McCrery McNenry McHugh

English (PA)
Feeney Ferguson Flake Foley Forbes Fortenberry Fossello

Stearns Sullivan
Sweeney Tancredo

Taylor (NC) Terry

Thomas Thornberry

Tiahrt

H1322
as above recorded.

CONGRESSIONAL RECORDHOUSE
Pitto Platte Schiff Schwartz (PA) Thornberry Tiahrt

March 10, 2005 o

1411

The result of the vote was announced Stated for: Mr. WELDON of Pennsylvania. Mr. Chairman loday, I was requested 10 testify before the U.S. China Commission. Therefore, on rolicall vole 62 for HR. 3, I was not recorded 10 vote. Had I been recorded, I would have voted aye for the amendment.
AMENDMENT NO. I OFFERED KY MR.

Poe
Pomho Porter Portman Price (OA)

Schwarz (MI)
Scott (CA) Scott (vA)

Tierney
Turner Udall (CO) UdalI (NM) Wamp Watnon Watt Weldon (FL)

Beooions
Shadegg

Price (NC)
Putnam Radanocich Regola

shayu
Sherwood Shirokus

prrrs

Rehberg
Renci Keyes Reynolds Rogero (Ml) Rohrabacher Ros-Lehtinen Ruppersherger Ryan (WI)

shooter Simmons
Skelton Smith (TX) Seeder sullivan sweeney Tancredo Tauscher Taylor (M5( Terry

Weller
Weotmoreland Whitneld Wilson (NM) WoIr Woelsey

CHAIRMAN (Mr. The Acting LAH000). The pending business is the demand for a recorded vote on the amendment offered by the gentleman from Pennsylvania (Mr. F1Trs) on which further proceedings were postponed and on which the ayes prevailed by voice vote, the Clerk will redesignate The amendment. The Clerk redesignated the amendment.
RECORDED VOTE

Wu
Wynn Young (FL)

Ryun (KS)

NOES197
Abercrembie Ackerman Orilalva Ootierrec

Owens
Pallone

Allen Andrews
Bachue earrett (SC) eariow Deao

Harman Hastings (WA)

NeDey Herseth Higgins Hinchey Hohsoo Hoekotra

Pascre)l Pastor Payne

Pcaice Pelosi Peterson (MN) Petri Pickering

The Acting CHAIRMAN. A recorded vote has been demanded. A recorded vote was ordered. The Acting CHAIRMAN. This will be a 5-minute vote. The vote was taken by electronic device, and there wereayes 228, noes 197, not voting 9, as follows: [Re)) No. 631 AYES228
Aderhelt Duncan Kaptur

Becerra Berkley Berman

eerry

Molt
Honda

Pomerny
Pryco (OH) Rahall

Biggert Bishop (NY)

Blackburn

Inglis (SC) Israel

Jackson (IL) Jackson-Lee

Rangel
Reichert Rogers (KY)

Akin
Aleeander

Edwards
Emerson Engel English (PA) Etheridge Everett Feeney Flake Foley Forbes Fertenberry Fnssella Foxx

Keller
Kelly Kennedy (MN) King (IA) King (NYI Kingston Kline Kelbe LaHood Latl,ain Leach Lewin (CA) Lewis (KY)

Blomnenaner Bvne Boswe)l Bnueher

(TX) Johnson (ILl Johnson, E. B.

Johnssn, Sam Jones (OH) Eanjsrski Kennedy (RI) Ksldee Kilpatrmck (MI)

Rose Rothman Roybal-Allard

Royce Rush Ryan (OH) Sabo Salacar sinchea, Linda

Boyd
Brady (PA) Brown (Sdi Morton (IN) Butterfield dalvert

eaca Baker
ealewin Bartlett (MD) Barton (TX) Bass Beauprec Bilirakis

Camp
cannon capito dapps dapoano Cardozs

Kind
Kirk Knellenberg Encinich Kohl (NY) Langeein

T.
Sanchez, Loretta Sanders Saxten Schakswsky Senneobrenner 5errann 5haw Shei man

Bishop (GA)
Bishop (UT) slant

Boehlert Boebser Bonifla Bonner

Beozman Boren Bountany Bradley (NH) Brady (TX) Brown (OH) Brown, Corrine Brown-Waite,

Frank (MA) Franks (AZ) Frelinghoyaen carrett (NJ)

Gerlaeh Gibbons Oillmsr Cingrey Oohmert Gonzalez nnode Gondlatte Granger Craves Green (WI)

Linder Lowey
Lucas

Carson Case
castle

Lantos Larsen (WA)

Larson (CT)

Mr. BISHOP of Georgia changed his vote from no to aye. So the amendment was agreed to. The result of the vote was announced as above recorded. Stated for: Mr. WELDON of Pennsylvania. Mr. Chairman, today, I was requested to leshfy before the U.S. China Commission. Therefore, on roilcall vole 63 for HR. 3, I was no) recorded to vole. Had I been recorded, I would have voted aye for the amendment. The Acting CHAIRMAN. There being no further amendments, under the rule the Committee rises. Accordingly, the Committee rose; and the Speaker pro tempore (Mr. SIMPsoN) having assumed the chair, Mr. LAHOOD, the Acting Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill (H.R. 3) to authorize funds for Federal-aid highways, high way safety programs, and transit programs, and for other purposes, pursu ant to House Resolution 144, he re ported the bill, as amended pursuant to House Resolution 140, back to the House with further sundry amendments adopted by the Committee of the Whole. The SPEAKER pro tempore. Under the rule, the previous question is or dered. Is a separate vote demanded on any amendment? If not, the Chair will put them en gros. The amendments were agreed to. The SPEAKER pro tempore. The question is on the engrossment and third reading of the bill. The bill was ordered to be engrossed and read a third time, and was read the third time.
MOTION TO RECOMMIT OFFERED BY MR. NIOOIN5

Lynch
Mack Maloney Manzullo Marchant Markey

Chandler
Clyborn Cenaway

LaToorette
Lee Levis Lewis (CA) Liplnski LoBiondo Lofgrsn, Zoe Longren, Daniel

Sinepson Smith (NJ)

Smith (WA) Snyder Sodre) Sobs Spratt Stark

Conyers
cesteuo

Marshall McCaul (TX)

I(cCotter McCovern

Cnn
Crowley cobin

Oinny
Borgens Buyer

Cummings
Davis (CA)

K.
Mathesan

McHenry
Mcintyre

Davis (IL)
Davis (KY)

Mstsui
Mccarthy

5tearns Strickland Tanner

Taylor (NC)

Cantor
Csrdmn Carnahan Carter

Green, Al
Oreen, Gene Ootkneght Hall Harris Hart Hantings (FL)

IilcKeen
MgKinney McMorris hleehan Meek (FL) Iileluncsn Mica

Davis (TN)
Deal (GA) DeFazio DeOette DeLsors Dicks

McCollom (PIN)
McCrery McDermott Metlugh IiIcNolty Meeke (NY)

Thomas
rhoaspson (CA) Thompson (hiS) riberi Towns Upton

Mr. HIGGINS. Mr. Speaker, I offer a motion to recommit. The SPEAKER pro tempore. Is the gentleman opposed to the bill? Mr. HIGGINS. Mr. Speaker, I am op posed to the bill in its current form. The SPEAKER pro tempore. The Clerk will report the motion to recom mit. The Clerk read as follows: Mr. Higgins moves to recommit the bill
HR. 3 to the Committee on Transportation
and Infrastrocture and the Committee on Ways and Means with instruCtions to report

Chabot
Chocola Clay

Cleaver Coble Cole (OK) Cooper Costa Cramer Creoshaw Cuellar Culberson Cunningham Davis (AL) Davin (FL) Davis, Jn Ann Davis, Tom Delahunt Dent Dian-Balart, L. Dian-Balart, M Dnggett Drake

Nayes Hayworth Hensarling Merger Hinoinsa Holden Henley Hostettler Moyer Nolshor Hunter Myde Inslee Issa Istonk Jefferson Jenkins Jmndal Johnson (CT) Jones )NC)

Miller (FL) Miller (NC) Moore (KS) Moore (WI) Moran (KS) Murphy Musgrave Myrick Neal (MA) Neugebauer Nunes Nussle Olver Ortic Osborne Otter Osley Paul Pence Peterson (PA)

Dingell Doelmttle Duyln Dreier Ehlers Emanuel Eshno Parr Fattah Ferguson Filner Fitzpatrick (PA) Ford Ganegly Gilchrest Garden

Menendez Michaud klillenderMcDonald Miller (Ml) Miller, Oary Miller, ceorge Mollohan Moran (vA) Murtha Nadler Napolitano Ney Norwood Oberstar Obey NOT VOTING9

van Hollen veltcquen visglnsky Walden (OR) Walsh Wasserman Schultz Waters Wanman Weiner iVesler wicker Wilson (Sc) Ynung (AK)

Baird
DeLay

Northup
Ramstsd

slaeghter
Stopak

the same back to the House promptly With the fullowinE amendments: (1) To increase fending for the hsghWay, highway safety, transit, motor carrier nafe ty, and highway research programs to a total of not less than $318,000,9II,I00 of bedget an thority and $301,999,090,999 of ruaranteed fonding. (2) To distribute this increased funding to the States through the core highway and transit formula programs for State and local highway and transit infrastructure investments. (3) To offset this increased infrastructore investment by raising $34,090,000,000 over the next five years by eliminating the corrent tax incentives for compan(es to move jobs and operations offshore.

Evans

Rogers (AL)

Weldon (PA)

March 10, 2005

CONGRESSIONAL RECORD

HOUSE

H1323

The SPEAKER pro tempore. The gen tleman from New York (Mr. HIGGINS) is recognized for 5 minutes. Mr. HIGGINS. Mr. Speaker, our Chamber is in its final moments of con sideration of this landmark hill which proposes $284 billion worth of Federal investments in transportation iofra structure across this Nation. This measure represents so much to each of our districts. It is the embodi ment of roads and transit systems that will be either newly built or rehabili tated to aid safe and efficient travel. It will spark an abundance of economic development and create millions of jobs specifically to carry out this transportation work. I have been grateful for the oppor tunity during my first few weeks as a Member of this body to work alongside Chairman YOUNG and Ranking Member OBERSTAR on this legislation which will do so much for western New York. But I believe that before we submit to final passage of the bill, we must first acknowledge the fact that we should and can do more. The President has signaled that he will support a transportation bill that spends no more than $284 billion in guaranteed funding over 0 years. This number is simply arbitrary and could easily be increased, a fact that was demonstrated by the other bodys version of transportation reauthoriza tion last year. U 1415 My motion demonstrates one way in which we can match their level of guar anteed funding, $318 billion, for even more transportation, economic and safety initiatives within this measure. Specifically, this motion proposes to close a number of offshore loopholes that are enabling American companies to move jobs abroad, avoiding paying U.S. taxes in the process. in closing these loopholes, we are raising an addi tional $34 billion, not from an increase in the gasoline tax, but instead by abolishing unfair tax shelters that are strangling job creation and growth in our country. Seventy-two members of the other body voted to federally fund our trans portation expenditures at $318 billion last year. If we can find a way to match that funding without raising the gasoline tax, without falling deeper into deficit, then I for one believe it is our responsibility to pursue that op tin n. This motion to recommit would mean $34 billion more in Federal infra structure investments, as well as the final eradication of a number of unfair tax shelters that are weakening eco nomic development efforts throughout cur Nation. The motion would bring 100,000 additional jobs to my own State of New York, and countless more to the rest of the country. I hope that I may count on my colleagues to support this important measure. Mr. Speaker, I yield back the balance of my time.

Mr. YOUNG of Alaska. Mr. Speaker, I claim the time in opposition to the mo tion to recommit. The SPEAKER pro tempore (Mr. SIMPsON). The gentleman from Alaska is recognized for 5 minutes. Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may con sume. Mr. Speaker, I rise in opposition to the motion to recommit. I want to re mind my fellow colleagues that this is a very well-crafted, bipartisan effort and this would disrupt what I would say is a great chariot that is going to go off on to the horizon and become law. Mr. Speaker, I oppose the motion. Mr. Speaker, I yield to the gentleman from California (Mr. THOMAs). Mr. THOMAS. Mr. Speaker, I thank my chairman for yielding me this brief period of time. Mr. Speaker, I would say to the gen tleman from New York (Mr. HIGGINS), welcome to the House. Under the motion to recommit, if in fact promptly is included in the first paragraph, it means that this is not a motion to recommit. I was just waiting for the gentleman, because he is probably the one that told the gentleman to do this. On promptly, it kills the bill. So all of the statements the gentleman made about the jobs that were going to come to western New York and the dol lar amounts that the gentleman is put ting in the bill have no standing what soever, because by including prompt ly in the motion to recommit, the gentleman is in fact killing the bill. In addition, the gentleman said that he wanted to try to match the Senates amount of $318 billion last year. The reason we did not have a highway bill last year was because the Senate was at $318 billion. In the conference, we urged the Senate to agree at $283.9 bil lion. The conference failed. This year the Senate is at $283.9 billion; the House is at $283.9 billion. We actually have a chance to get a highway bill. But probably the most interesting and ironic part of the gentlemans mo tion to recommit, notwithstanding the fact it has no application, is the fact that the Highway Trust Fund is actu ally a users fee; that people who use the highways raise the money to help build the highways. And the gentleman is looking to raise the additional money for the user-fee Highway Trust Fund from those companies who have left the country. So they are not using the highways, but the gentleman wants to have them pay. So if the gentleman wants to work a motion to recommit that actually can work and that you can actually raise money and you can actually get it from people who use the Highway Trust Fund, I look forward to working with the gentleman. But if this is the effort conceived and delivered on the other side, I would urge my colleagues to vote this down, because if you really want a highway bill this year, the vote

on the motion to recommit is no. If you really do want to kill it once again and give the gentleman from Alaska (Chairman YOUNG) an opportunity to work yet again in another Congress, you will vote yes on this ill-conceived motion to recommit. Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is or dered on the motion to recommit. There was no objection. The SPEAKER pro tempore. The question is on the motion to recommit. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. ascunoso VOTE Mr. HIGGINS. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. Pursu ant to clause 9 of rule XK, the Chair will reduce to 5 minutes the minimum time for any electronic vote on the question of passage. The vote was taken by electronic de vice, and there wereayes 190, noes 235, not voting 10, as follows: [Roll No. 64]
AYESiSO Abercrombie Ackerman Allen Andre,es Baca Baldwin Barrow 5ean Beeerra Berkley Berman Berry Bishop (GA) Bishop (NY) Blumeosoer seoseell Beocher Boyd Brady (PA) Brown (OH) Brown, cerrine Butterfield Cappe Capnano cardin cardoza carnahan careen chandler clay cleaver Olyhurn conyers costa costello cramer crew)ey ceellar Cummings Davis (CA) Oasis (FL) Davis (IL) Davis (TN) DeFazie DeGette Delahunt DeLaure Dieks Dingell Doggett Doyle Edwards Emanuel Engel Eshen Etberidge Farr Fauah Filner Ford Frank (MA) Gonzalez Gordon Green, Al Green, Gese Crijalea Cutierreo Harman Hastings IFL) Herneth Higgins Hinehey Hinoieoa Holden Helt Honda Hooley Hnyer Inslee Israel Jacksnn (IL) Jackson-Lee (TX) Jeffernon Johnson. 5. 5. Jonee (ON) Kanierski Kapter Kennedy (RI) Kildee Kilpatrick (MI) Kind Kecisieh Lsngevin Lanten Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Lofgren, See Lowey Lynch Maloney Markey Marshall Matsei McCarthy McCollucn (PIN) McDermott McGovern McIntyre McKinney McNulty Meehan Meek (FL) Meeks (NY) Melaneon Menendez Miohaod Milleoder McDonald Miller (Nd Miller, Deorge Mnllnhao Moore (IV)) Moran (VA) Murtha Nadler Napolitano Neal (MA) Oberstar Obey Diver Ortia Owens Pallone Paserell Pastor Payne Peloni Peterson (MN) Pemerey Price (NC) Rahall Range) Reyeo Ross Rethman Roybal-Allard Ruppersberger Rush Ryan (OH) Salazar Sinchez, Linda T. Sanchez, Leretta sanders Schakewsky Schiff Schwartz (PA) Scott (GA) Scott (VA) Serraeo Shernsan Skelton Smith (WA) Solin Spratt Stark

H1324
Strickland Tanner Tausclser Thompson (CA) Thnmpson )MS) Tierney Tnwns Udall (COl Uda(l (NM) Van HnIlen Velicquec Visclosky Wasserman Schultz Waters Watson Watt Wanman Weiner Wexler Wnolsey Wn Wynn

CONGRESSIONAL RECORDHOUSE
are advised 2 minutes remain in this
vote.
males lnrael Isna Istook Jackson (IL) Jackson-Lee (TX) Jefferson Jenkins Jindal Johnson (CT) Johnson (tLl Johnson, K. S. Johnson, Sam Jones (OH) Kanjoroki Kaptsr Knllzr Kelly Kennedy (MN) Kennedy IRII Kildee Kilpatrick (MI) Kind King (IA) King (NY) Kingston Kirk Kline Kno)leoberg Kolbe Kucinich Kohl (NY) LaHood Langevio Lantos Larson (WA) Larsan (CT) Latlsam LaTourette Leach Lee Levin Lewis (cAl Lewis (CA) Lewis (KY) Linder Lipioski LuBioodo Lufgren, Zoo Luwey Lucas Luogren, Osoie( K. Lynch Mack Maloney Mancullo Marchant Markey Imlarshall Matheson Matsui Mccarthy MrCauI (TX) lmtcCollum (SIN) McCotter MeCiery slcoermott McGovern McHenry McHugh McIntyre MeKeon MeKinney McMurris McHulty Sleehan Meek (FL) Meeks (NY)

March 10, 2005

Melancon Menendec Mica Miehasd MillenderMcDonald Miller (FL) Miller (Ml) Miller (NC) Miller, Cary Miller, George Mullohan Moore (KS) Mozrc )Wl) Moran (KS) Moran )vA) Morphy Murtha Mzsgrave Myrick Hadler Hapolitano Neal (MA) Heugebaner Hey Horwosd Hones Hussle Oberstar Obey Olver Ortiz Osborne Owens Onley Pallone Pascrell Pastor Payne Pearce Pelusi Pence Peterson (MN) Peterson (PA) Petri Pickering Pitts Platts Poe Pombs Pomeroy Porter Portmao Price (GA) Price (NC) Pryce (OH) Putnam Radansvieh Rahall Rangel Regola Rebberg Reichert Reuzi Reyes Reynolds Rogeis (KY) Kogers (Ill) Kehrabacher Res-Lehtineo Ross Rothmnsn Rsybal-Allard Royce Rupporsberger Rush Ryan )OH( Ryan (WI) Ryun (KS) Sabo Sa(anar Sinehen, Linda T. Sanchez, Loretta Sanders Saaton Schaknwsky Schiff Schwartz (PA) Schwarz (Ml) Scott (CA) Scott (VA) Serrans Sessions Shaw Shays Sherman Sherwood Shimkos Shnster Simmons Simpson Skeltun Smith (NJ) Smith (TX) Smith (WA) Snyder Sodrel Snlis Szuder Spratt Stark Stearns Strickland Sullivan Sweeney Tancredo Tanner Tanscher Taylor )MS) Taylor (NC) Terry Thomas Thompson (CA) Thompson (MS( Tiahrt Tiberi Tierney Towns Turner Udall (CO) Udall (HII) Upton Yas Hullen Yelicqoec Yiselusky Walden (OR) Walsh \Vamp Wasserman Schultz Waters Watson Watt Waamas Weiner We(dus (FL) Weldun (PA) Weller Westmere(sod Wecler Whitfield Wicker Wilson (NM) Wilson (SC) Wolf Woulsey IVo Wynn Young (AK)

1441

NOES235
Aderholt Akin Alezander Nachus Saker Sarrett (SC) Bartlett (Mn) Barton (TX) Sass Eeauprez Siggert Silirakis Bishop COT) Blackburn Blunt Boeblert Soehner Bsnilla Ssnner Bonn Bzozinan Boren Sosstany Sradley (NH) Brady (TX) Brown (SC) Brown-Waite, Ginny Bargeaz Bsrtun (IN) Soyer Calcert Camp cannon cantor Capito Carter Case Castle Chabot Chocula Cobb Cole )OKI Cooaway Cooper Coo Crenshaw Cubin Culberson Cunningham Davis (AL) Davis (ICY) Davis, Jo Ann Davis, Tom Deal (GA) Dent Diag-Balart, L. O)az-Balart, ST. Doolittle Orake Denier Duncan Kh(ers Emeroon English (PA( Everett Feesey Ferguson Fitzpatrick (PA) Flake Foley Forbes Fortenberry Fnssella Fain Franks (AZ) Frelinghuysen Gallegly Garrett (HJ) Gerlach Gibbons G(lchrest Gillmor Gingrey Gohmert Goode Gundlatte Grazsger Craves Gicen (WI1 Cutknecht Hall Harris Mart Hastert Hastings (WA) Hayes Haywsrth Hefley Hensarling Hergcr Hobson Huekatra Hustettler Hnishof Hunter Hyde Inglis )SC) lass Istook Jenkins Jindal Johnson (CT) Johnson (IL) Johnson. Sam Jones (NC) Keller Kelly Kennedy (MN) King (IA) King (NY) Kingston Kirk Kline Knollesberg Kolbe Kohl (NY) LaHood Latham LaToa.rette Leach Lewis (CA) Lewis )KY) Lmeder LoBiondo Lucas Lungreo, DanIel K. Mack Maozul(o Marehamit Matliessn MeCaul (TX) MeCotter MeCrery MeHenry McHugh MeKess MeMorris Mica Stiller (FL) Miller )Mf) Miller, Gary Moore (KS) Moran (KS) Murphy Musgrave Myrick Nengebauer Mey Norwood Nones BonnIe Osborne Otter Ocley Paul Pearce Pence Peterson (PA) Petri Piekenog Pitts Platts Poe Pombs Porter Portmao Price (CA) Pryce (OH) Putnam Radansvich Regola Rebberg Reicbert

Mr. BOREN Changed his vote from aye to no. Messrs. HASTINGS of Florida, TANNER, WYNN, and MURTHA, and Ms. BEAN Changed their vote from no to aye. So the motion to recommit was rejected. The result of the vote was announced as above recorded. The SPEAKER pro tempore. The question is on the passage of the bill. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Mr. YOUNG of Alaska. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. This will be a 5-minute vote. The vote was taken by electronic device, and there wereyeas 417, nays 9, not voting 9, as follows: [Roll No. 651
YEA5417
Abercrambie Ackerman Aderholt Akin Aleaander Allen Aodrewo Baca Haahoo Haker Baldwin Barrett (SC) Bannw Bartlett (1,101 Barton (TX) Bass Sean Beauprec Becerra Berkbey Berman Berry Biggert Bilirakis Bishop (GA) Bishop (NY) Bishop (UT) Blackburn Blumenaner Blunt Boehlert Bonibla Bonner Bsnu Souzman Suren Boswell Boucher Bomistany Boyd Bradley (HH) Brady (PA) Brady (TX) Brown (OM) Brown (SC) Brown, Corrine Browo-Wuite, Ginny Burgess Burton (IN) Butterfield Buyer Cabsert Causp Cannon Cantor Capitu Capps Capuano Cardin Carduza Carnahao Carson Carter Case Chabot Chandler clincola Clay Cleaver Clybura Cobb Cole (OK) Csnawap Cnnyers Cooper Costa Costello Coo Cramer Crenshaw Crowley Cubin Cuellar Culberson Cummings Cunningham Davis (AL) Davis (CA) Davis (FL) Davis (IL) Dams (KY) Davis (TN) Davis, Jo Ann Oasis, Tom Coal (GA) DeFazis OeGette Delahunt DeLanro Dent Oioz-Ba(art, L. Oiaz-Balart, M. Oicks Oingell Ooggett Don(itt(e Doyle Orake Oieier Oonzan Edivards Ehlers Ensannel Kmemnn Knge) English (PA) Kshoo Ktheridge Kverett Farr Fattah Feeney Ferguson Filnei Fitcpatiick (PA) Foley Forbes Ford Fortenberey Fossefla Foca Frank (MA) Franks (AZ) Frelioghoyses Gallegly Garrett (NJ) Gerlach Gibbons Gilehrest Gillmnr Gicgiey Gohmert Gonzalez Goode Gondlatte Goidun Granger Graves Green (WI) Green. Al Green, Gene Grijalva Gutierrea Gutkneeht Hall Harman Harris Hart Hastert Hastings (FL) Hasungs (WA) Hayes Hayieurth Honey Hensarling Mergei Herseth Higgins Hiochey Hinojusa Hnbsun Moekstra Hsldvn Hult Honda Hoabey Hostottber Hnyer Hulshof Hunter Hyde Inglis (SC)

aenzi
Reynolds Rogers (ICY) Rogers (Ml) Rohrahaeher Ros-Lebtinen Royce Ryan (WI) Ryan (KS) Saston Schwarc (SIT) Sensenbrenner Sessions Shadegg Shaw Shayo Shersesod Shimkos Shuster Simmons Simpson Smith (NJ) Smith (TX) Snyder Sodrel Sunder Stearns Sullivan Sweeney Taneredu Taylor (hIS) Taylor (NC) Terry Thomas Thornberry Tiahrt Tiberi Turner Upton Walden (OR) Walsh Tamp Weldoo (PA) Weller Wentmorelaod Whitfield Wicker Wilson (MM) Wilson (SC) Wolf Young (AK) Young (FL)

NAYSS
Boehner Castle Flake Otter Paul Sensenbrenner Shadegg Thoroberry Young (FL)

NOT VOTINGS
Saird DeLay Scans Jones (MC) Hortliup Ramstsd Rogers (AL) Slaughter Stupak

NOT VOTING)O
Baird DeLay Evans Muithop Ramsead Rogers (AL) Sabo Slaughter Stupak Weldan (FL)

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The

SIMPSON)

SPEAKER pro tempore (Mr. (during the vote). Members

J 1451 So the bill was passed. The result of the vote was above re corded. The mGtion to reconsider was laid on the table.

March 10, 2005

CONGRESSIONAL RECORD

HOUSE

H1325

CLERK TO THE AUTHORIZING EN IN CORRECTIONS MAKE GROSSMENT OF H.R. 3, TRANS PORTATION EQUITY ACT: A LEG ACY FOR USERS Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that in the en grossment of the bill, HR. 3, the Clerk be authorized to correct section num bers, punctuation, and cross references, and to make such other necessary tech nical and conforming changes as may be necessary to reflect the actions of the House. The SPEAKER pro tempore (Mr. SIMPSON). Is there objection to the re quest of the gentleman from Alaska? There was no objection. GENERAL LEAVE Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all Mem bers may have 5 legislative days within which to revise and extend their re marks and include extraneous material on H.R. 3. The SPEAKER pro tempore. Is there objection to the request of the gen tleman from Alaska? There was no objection. MESSAGE FROM THE PRESIDENT A message in writing from the Presi dent of the United States was commu nicated to the House by Mrs. Wanda Evans, one of his secretaries. LEGISLATIVE PROGRAM (Mr. LEWIS of Georgia asked and was given permission to address the House for 1 minute.) Mr. LEWIS of Georgia. Mr. Speaker, I take this time to ask the gentleman from California (Mr. DRIER) about the schedule for next week. Mr. DREIER. Mr. Speaker, will the gentleman yield? Mr. LEWIS of Georgia. I yield to the gentleman from California. Mr. DREIER. Mr. Speaker, as Mem bers have noticed, we have completed our legislative work for the week, and the House will convene on Monday at 2 p.m. for legislative business. We will consider several measures under sus pension of the rules. A final list of those bills will be sent to Members of fices by the end of this week. Any votes on those measures that are debated on Monday will be taken at 6:30 p.m. on Monday. On Tuesday and the balance of the week, the House will convene at 10 am.; it is important to know that it is 10 am. on Tuesday, for legislative busi ness. We expect to consider two bills under a rule, the Emergency Wartime Supplemental and the Budget Resolu tion for Fiscal Year 2006. Finally, I would like to remind all Members that next week is a 5-day work week. We will have votes on Mon day, and it will be a very, very active week as we head into the recess. We

may work some late nights next week. It is quite possible that there will be votes; Members should expect them on Friday as we head into the spring dis trict work period. Mr. LEWIS of Georgia. Mr. Speaker, I would like for my friend, the gen tleman from California (Mr. DRELER), if he could, to be a little more definite about next Priday. Mr. DREIER. As the gentleman knows, we have these two critically important measures that need to be considered next week, the supple mental appropriations bill, which is a very high priority to ensure that our men and women in uniform in Iraq have the resources necessary to com plete their very important job over there. We all know there is strong bi partisan support for our troops. And of course, making sure that we complete the important budget resolution. In light of the fact that we have those two priorities that need to be ad dressed next week, I am saying I think it.is quite possible that Members could anticipate votes on Friday. Mr. LEWIS of Georgia. Is the gen tleman telling us that the supple mental appropriations will come up next Tuesday? Mr. DREIER. I would say we antici pate that we will see the supplemental bill considered before we consider the budget resolution. And the Committee on Rules is planning to meet Monday evening for consideration of the supple mental appropriation bill. We cannot say with absolute certainty when ex actly it will come up, but it is the first thing scheduled legislatively beyond the measures that we will consider under suspension of the rules. I think it is quite possible it will be on Tues day. Mr. LEWIS of Georgia. What kind of rule will we have? Will it be an open rule or a restricted rule? Mr. DREIER. I am privileged to serve as chairman of the Committee on Rules, but it is impossible for me at this juncture to predict exactly what this 13-member committee that spends hours deliberating over major public policy issues will do at the end of the day on this. I can assure the gentleman it will be a fair and balanced rule. But I will oppose putting it out unless it is a fair and balanced rule that allows for consideration of very important meas ures. I know my colleague joins me in wanting to ensure that we get the re sources necessary to our men and women in uniform who are having such great success in Iraq. I thank the gen tleman for yielding. Mr. LEWIS of Georgia. I ask my friend from California which day would he expect us to consider the budget and what type of rule would he anticipate for considering the budget? Mr. DREIER. I am happy to say that, again, that we anticipate that the first major measure of the week that we will consider, following suspensions, will be the supplemental appropriations bill.

And the budget itself will likely be considered in the Committee on Rules on Tuesday evening. And again, I can not predict exactly what shape the rule will take. In fact, when we are com pleted here, I will he making an an nouncement for the deadline for con sideration of amendments. I will tell the gentleman, as in the past, the Com mittee on Rules has had a tendency, and I hope to continue that pattern, for actually showing preference for sub stitute packages that would be offered by Members. And we want to encourage Members who would like to offer budg et substitutes to get those to us just as quickly as we possibly can. Again, it is difficult to say at this moment exactly what that rule will consist of. Mr. LEWIS of Georgia. If we have consideration of the rule on Tuesday, what day does the gentleman expect the budget to come to the Floor? Mr. DREIER. Well, again, the supple mental appropriations bill is the first item that we will be working on, and then it will be some time later in the week. Obviously, if we do as I suspect, the Committee on Rules will make in order different substitutes; we will need to have time for that. So it will be later in the week next week. So I can not tell the gentleman exactly what day it will be, but it will be into the week. And again, quite possibly, it could extend until Friday. Mr. SPRATT. Mr. Speaker, will the gentleman yield? Ms. LEWIS of Georgia. I yield to the gentleman from South Carolina. Mr. SPRATT. Mr. Speaker, I would ask if my friend from California ex pects the rule to be on the floor Wednesday of next week? Mr. DREIER. Mr. Speaker, will the gentleman yield? Mr. LEWIS of California. I yield to the gentleman from California. Mr. DREIER. Mr. Speaker, I am happy to say to the distinguished rank ing minority member of the Committee on the Budget that it is our plan to consider the rule on the budget in the Committee on Roles probably late Tuesday afternoon. So depending on exactly what happens time-wise on consideration of the supplemental ap propriations bill, it is quite possible that we could begin work on this on Wednesday, but I am not absolutely certain at this juncture what day it would be. Mr. SPRATT. Mr. Speaker, will the deadline for filing proposed substitutes or amendments be 5 oclock on Mon day? Mr. DREIER. Mr. Speaker, I would say that it is our intention in light of the fact that we are discussing this Thursday afternoon that the announce ment that I plan to make when we complete this colloquy is that we will ask for the amendments to the budget to be submitted to the Committee on Rules by 10 am, on Tuesday which will allow us to meet Tuesday afternoon. So I would encourage, we are now before 3

I Biographies I Jack L.

Schenendorf

Page 1 of2

From: Saved by Microsoft Internet Explorer 5 Sent: Wednesday, September 26, 2007 2:15 PM Subject: Biographies I Jack L. Schenendorf

Ccvi NGTQN
COVINGTON & BURLINGLLP

JACK L. SCHENENDORF oi counsel

http:/Iwww.covcom/jschenendorf/# Covinglon & Bulling LLP 1201 Pennsylvania Avenue, NW Washington, DC 20004-2401 Tel: 2026625321

PRACTICES
1 Government Affairs

INDUSTRIES
I I

Jack Schenendoris practice concentrates on transportation and legislation with a particular focus on legislative strategy, legislative procedure, and the federal budget process. He was recently appointed by Speaker Hastert to the National Surface Transportation Policy and Revenue Study Commission, where he serves as Vice-Chairman. For nearly 25 years, Mr. Schenendorf served on the staff of the Committee on Transportation and Infrastructure of the U.S. House of Representatives. He was Chief of Staff from 1995 to 2001. In BNAs Daily Report for Executives, Mr. Schenendorf was described as one of the most powerful staffers on the Hill, [who] has played a large role in crafting every piece of major transportation legislation in the past decade.

Transportation Telecommunications

EDUCATION
I

Georgetown University Law Center, J.D., 1975 Union College, B.S., 1966

BAR ADMISSIONS
I District of Columbia I Maryland

Prior to joining the firm in 2001, Mr. Schenendorf served on the BushiCheney Transition where he was Chief of the Transition Policy Team for the U.S. Department of Transportation and was responsible for reviewing all transportation policies and issues for the incoming Administration. REPRESENTATIVE MATTERS
1 Advised Associated General Contractors, American Association of

State Highway and Transportation Officials, and Association of Equipment Manufactures on transportation legislation and transportation financing. Advised United Airlines on aviation, pension, tax, and bankruptcy matters.

https://www.leo.gov/http ://leomr.leopriv. gov: 8080/uwc/webmail/attachIShenendorf%20B i

...

4/24/2008

Biographies Jack L. Schenendorf

Page 2 of 2

Advised Qualcomm on telecommunications, patent, tax, and government contracting matters. Advised Ports-to-Plains Trade Corridor Coalition on transportation authorization and appropriations matters. Advised Union Pacific on transportation-related matters. Advised Friends of the High Line on transportation authorization and appropriations matters. Advised the American Automobile Association on legislative strategy. S Advised Massachusetts Transportation Authority on transportationrelated investigations. Advised Aloha Airlines on aviation-related matters. Advised Koch Industries on transportation-related financing issues. PREVIOUS EXPERIENCE
S
-

Committee on Transportation and Infrastructure, U.S. House of Representatives, Chief of Staff (1995-2001) Committee on Transportation and Infrastructure, US. House of Representatives, Various Stall Positions (1976-1 994)

National Commission on Water Quality, Counsel (1975-1976) a United States Navy, Nuclear Submarine Program, Officer (19671972)
HONORS AND RANKINGS

Best Lawyers in America, 2007 U Appointed to National Surface Transportation Policy and Revenue Study Commission, elected Vice-Chairman, 2006
PRO BONO

a Service on National Surface Transportation Revenue and Policy Study Commission, which was established by SAFETEA-LU to study the future of surface transportation programs and financing. Advised DC Appleseed on Anacostia River infrastructure projects.
S

Advised National Underground Railroad Freedom Center on transportation financing matters.

MEMBERSHIPS AND AFFILIATIONS

Congressional Quarterlys Capitol Net, Instructor (advanced legislature procedures; federal budgeting) Sigma Chi, Lifetime Member
PUBLICATIONS AND SPEECHES

Testimony before Congress on water infrastructure financing a Numerous transportation-related speeches

https ://www.leo.gov/http://1 eomr.Ieopriv.gov: O8O/uwc/webmai1/attach!Shenendorf%2OBi... 4/24/2008

COVINGTON

&

BURLINGLLP
WASHINGTON NEW YORK SAN FRANCISCO LONDON ERUSSELS

1201 PENNSYLVANIA AVENUE NW WASHINGTON, DC 20004-2401 TEL 202.6626000 FAX 202.662 6291 WWWCOV COM

Statement of Jack Schenendorf Of Counsel, Covington & Burling LLP On the 1-75/Coconut Road Interchange Project
I am Of Counsel to the Washington, D.C. law firm of Covington & Burling LLP. Prior to joining Covington in 2001, I served for nearly 25 years on the staff of the U.S. House of Representatives Committee on Transportation and Infrastructure. Between 1 995 and 2001, 1 was the Committees chief of staff. During my time on the Committee, I worked on every major piece of highway legislation enacted into law. I presently serve as Vice-Chairman of the National Surface Transportation Revenue and Policy Study Commission, established by SAFETEA-LU to study the future of the nations surface transportation programs and the financing thereof. I have been asked to review and comment on the provision in SAFETEA-LU regarding the Coconut Road Interchange 1-75/Lee County, FL (hereinafter referred to as the Coconut Road Provision). I have reviewed Ms. Dana Letourneaus July 31, 2007, memorandum on the same subject. The following statement contains my analysis and conclusions regarding the Coconut Road Provision.

1. The Coconut Road Provision m SAFETEA-LU is Valid as Drafted and Signed by the President. SAFETEA-LU was signed by President Bush on August 10, 2005. The Presidents action culminated a complex legislative process leading to the presentment of an enrolled bill for his signature. The Coconut Road Provision was included in the enrolled bill. Under the enrolled bill doctrine, the text of the enrolled bill is conclusively presumed to reflect the terms of the bill as passed by both the House and the Senate. The Enrollment Process Some question has been raised regarding the fact that the language of the Coconut Road Provision was changed subsequent to the filing of the SAFETEA-LU Conference Report. In my experience on Capitol Hill, it is not surprising that the enrolled version of the SAFETEA-LU bill contains some variation in its provisions from the text of the printed conference report.

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Once a conference report passes the House and Senate, the Enrolling Clerk will begin the painstaking and important task of enrolling the bill. During this process, errors are often discovered. Some of these errors may be corrected by the Enrolling Clerk during the enrollment process. In my experience, the Enrolling Clerk is highly professional and will only make corrections when convinced that an error has been made, that fixing the error is necessary to reflect accurately the intent of the House and Senate, and that fixing the error has bipartisan, bicameral support. The remaining errors must be corrected by either a concurrent resolution or a technical corrections bill. SAFETEA-LU had the normal errors that might be expected in legislation of that size and complexity. Indeed, the staff of the SAFETEA-LU conference committee corrected a number of these errors right up until the final minutes before the 1,200-page conference report was filed with the Clerk of the House of Representatives. Those errors were corrected by hand directly on the copy of the report filed with the Clerk and appear in the printed conference report. Once the SAFETEA-LU conference report passed the House and Senate, the Enrolling Clerk began the enrolling process. During this process. additional errors were discovered. As part of the enrolling process, ii. appears that the Enrolling Clerk corrected a provision related to the Coconut Road Provision. Again, based on my experience, the Enrolling Clerk would only have made this correction if convinced that an error had been made, that fixing the error was necessary to reflect accurately the intent of the House and Senate, and that fixing the error had bipartisan, bicameral support. I would also note that the Coconut Road Provision was not the only provision corrected during the enrollment process. Other provisions in the SAFETEA-LU conference report were corrected as well. For example, in section 3044 of the conference report, project 548 reads Jacksonville Transportation Authority-Fleet Replacement and Equipment. It does not identify the state. Since there is a Jacksonville in at least six states, each of these states could have claimed the funds. During the enrolling process, however, this provision was revised to make clear that the funds were to go to Jacksonville, Florida. Moreover, SAFETEA-LU is not unique in this regard. During my years on Capitol Hill, I remember a number of instances where bills were corrected during enrollment. For example, in 1998 in the Transportation Equity Act for the 21st Century, a significant mistake was made in a provision relating to the Boundary Waters in Minnesota. We inserted the wrong version of the provision in the conference report. Working with the Enrolling Clerk, we fixed the provision during the enrollment process. By doing so, we insured that the bill signed by the President included the Boundary Waters provision Congress intended. And more recently, correction of an error during the enrollment of the Deficit Reduction Act of 2005 gained widespread attention. As passed by the Senate, the DRA specified a 13-month duration of Medicare payments for certain durable medical equipment. However, when the Senate bill was sent to, the House, the Senate Clerk erroneously included a 36-month duration instead of the 13month duration actually approved by the Senate. The House approved the bill with a 36month duration in it. In the process of enrolling the bill, the Enrolling Clerk found the error and corTected it by reinserting a 13-month duration. The President signed the bill in January 2006, and

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soon thei-eafier the law was challenged on the grounds that the I-louse and Senate had passed different versions. The challenge failed as the courts upheld the law as modified by the Enrolling Clerk. See Public Citizen v. U.S. Dist. Ct., 486 F.3d 1.342 (D.C. Cir. 2007). The Enrolled Bill Doctrine The enrolled version of SAFETEA-LU signed by the Speaker of the House, the President of the Senate, and the President of the United States, is conclusively presumed to reflect the actual statutory language passed by the House and the Senate. This enrolled bill doctrine, first announced by the United States Supreme Court in 1892, see Marshall Field & Co. v. Clark, 143 U.S. 649 (1892), was recently reaffirmed by the United States Court of Appeals for the District of Columbia Circuit in the Public Citizen litigation, see 486 F.3d 1342. The enrolled bill doctrine recognizes the absolute finality of congressional enactments signed by the President. The Supreme Court explained: The signing by the Speaker of the House of Representatives, and by the President of the Senate, in open session. of an enrolled bill, is an official attestation by the Iwo houses of such bill as one that has passed Congress. II is a declaration by the two houses, through their presiding officers, to the President, that a bill, thus attested, has received, in due form, the sanction of the legislative branch of the government, and that it is delivered to him in obedience to the constitutional requirement that all bills which pass Congress shall be presented to him. And when a bill, thus attested, receives his approval, and is deposited in the public archives, its authentication as a bill that has passed Congress should be deemed complete and unimpeachable. Marshall Field, 143 U.S. at 472. Absent this doctrine, every statute would be open to constitutional challenge based on any technical discrepancy between the enrolled act and the text of the bill as passed by the House and the Senate. Given the voluminous nature of much legislation, the enrolled bill doctrine represents both a prudential and constitutional necessity. Since the Coconut Road Provision was included in the enrolled version of SAFETEA-LU signed by the Speaker of the House, the President of the Senate, and the President of the United States, it is conclusively presumed to reflect the terms of the bill as passed by both the House and the Senate. 2. Funding for the Coconut Road Project is Over and Above the Funding Secured by the Florida Delegation For 1-75 Widening and Improvements in Collier and Lee County, Florida. Section 1702 of SAFETEA-LU contains 5,173 High Priority Projects designated by members of the House and Senate. Included in these projects are four projects for 1-75 widening and improvements in Collier and Lee County, Florida. Total funding for these four projects is $81.1 million. These provisions were not changed during the enrollment process. The full $81.1 million secured by the Florida delegation for 1-75 widening remains intact.

COVINGTON

& BURLING

The $10 million for the 1-75/Coconut Road interchange Project came from a

new category of

. This funding established in section 1934 of SAFETEA-LU for Transportation Improvements for 1-75 $10 million is over and above the $81.1 million secured by the Florida Delegation from widening. Thus, any allegation that the Coconut Road funding was taken from or stolen other 1-75 funding appears to be false. conference report, It is noteworthy that when the House and Senate approved the SAFETEA-LU the $81.1 members of the Florida Delegation issued press releases taking credit for securing Lee County, Florida. These press million for 1-75 widening and improvements in Collier and the 1-75/Coconut Road releases, however, did not mention or take credit for the $10 million for referred to it as 1-75 widening and Interchange Project (even though the conference report appears that the local Florida improvements in Collier and Lee County, Florida). It certainly additional funding and, in fact, was not even aware delegation was not responsible for securing this of the additional funding.

l Allocation. 3. Funding for the Coconut Road Project is Over and Above Floridas Norma

category of As mentioned above, the $10 million for the Coconut Road project came from a special to funding (Section 1934 Transportation Improvements). Funding for this category was limited just 466 projects. the equity What made this funding special is that it was above-the-line funding, not subject to ionments and bonus calculation. It was therefore over and above the states normal apport a result, this funding was highly allocations. It was truly additional money for the state. As sought after and was among the most coveted funding in the bill. over and above its This means that the $10 million for Coconut Road is extra money for Florida, for the Coconut Road project were to be base apportionments and allocations. If the funding for the repealed, Florida would lose $1 0 million. The equity bonus program would not compensate loss because Section 1934 funding is not included in the equity bonus calculation.
ized Purpose and May Not Be 4. The Coconut Road Funding May Only Be Used For Its Author Reprogrammed, Reallocated or Transferred

for its intended The funding in SAFETEA-LU for the Coconut Road Project may only be used While appropriations bills purpose and may not be reprogrammed, reallocated or transferred. bills do not. typically allow a certain amount of reprogramming, transportation authorization the Coconut Road The $10 million in funding for the Coconut Road project must be used for project. It is that simple. flexibility It is true, as Ms. Letourneau points out, that SAFETEA-LU contains a project projects provision permitting certain funds to be temporarily reallocated among the authorized ng projects within a state. This provision is intended to allow states to use funds from slower-movi to help speed up faster-moving projects.

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The project flexibility provision, however, does no! permit slates to permanently divert funding from a specific statutory authorization. All bolTowed funds must be restored to their authorized purpose by no later than the end of the 2009 fiscal year. Accordingly, neither the Lee County MPO nor the Florida Department of Transportation may permanently reprogram the use of the Coconut Road funds. The only way to change the purpose for which the Coconut Road Project funding may be used is for Congress to amend SAFETEA-LU to make the change. As the following section explains, it is at best unlikely the Congress will pass technical corrections to SAFETEA-LU that address the Coconut Road funding.
5. Congress is Unlikely to Pass a Technical Corrections Bill Addressing the Coconut Road Authorization. Moreover, Any Attempt to Modify the Coconut Road Provision May Present Additional Risks.

First, it is unlikely that Congress will ever pass a technical corrections bill to amend SAFETEA LU. To date. there have been three separate attempts to pass technical corrections legislation. Each attempi has resuhed in failure. Second, the bill currently pending in the Senate (H.R. 3248) is Congress latest effort and will likely suffer the same fate as the previous three efforts. Several Senators have stated publicly that if H.R. 3248 ever reaches the Senate floor for a vote, they will offer substantial amendments to the bill. Those proposed amendments would strip major features from H.R. 3248, or otherwise alter the bill substantially. With such clear opposition to the bill as passed by the House, it is unlikely that the full Senate will ever vote upon H.R. 3248. Third, the current version of H.R. 3248 does not contain a provision modifying the Coconut Road project. Given the precarious status of the bill, it will not be easy to modify it to include Coconut Road. For these reasons, Congress is in my view unlikely to pass a technical corrections bill addressing the Coconut Road Project. But failure to enact a legislative fix is not the only risk for the Coconut Road project. Once the door is opened to change, there may be additional risks that jeopardize the Coconut Road Project funding itself. Ms. Letourneaus memorandum asserts that the Coconut Road authorization is a prime candidate for a technical correction; that the Lee County MPO has the right to have the $10 million redirected; that the statute protects the $10 million until expended; and that by custom the congressional delegation representing the geographic area of the designated project could initiate the change, implying that this would be a fairly straight-forward process. Ms. Letourneau seems to proceed from the premise that the Coconut Road Project is just like the other member-designated projects in the bill. In my view, these assertions and assumptions are incorrect. Let me explain why.

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First, it seems clear that the congressional delegation representing the geographic area was not responsible for the Coconut Road earmark (or the initial 1-75 widening project language in the conference report). Consequently, they may not be given the customary deference with respect to legislative modifications. The initiators of the earmark may assert their prerogatives in determining how the funds should be reallocated in the event the State or local area rejects the Coconut Road project. Second, the $10 million in funding for the Coconut Road project is above-the-line funding. It is the type of funding that virtually every member wanted for his or her project. If it becomes known that the State or local area doesnt want the money for the Coconut Road project, then other interests in Florida or in other states may come forward seeking to have these above-the-line funds statutorily transferred to their projects. And finally, Ms. Letourneau fails to mention that there have been a number of instances where unused project funding has been repealed in order to serve as an offset for new spending. If the State or local area rejects the Coconut Road Project, then the $10 million could become a target for anyone looking for offsets. These are potentially significant risks. The bottom line is that Congress is unlikely to pass a technical corrections bill addressing the Coconut Road authorization. Moreover, any attempt to modify the Coconut Road Provision may present additional risks for the projects funding.

Congressman Youngs Coconut Road 1-75 Interchange Earmark Lee County MPO Options
Released by Lee MPO Chair, Carla Brooks Johnston (Former Mayor, Sanibel) August 8, 2007
carIajohnstonearthlink.net; Tel: 239-395-3707

Lee MPO Chair Carla Brooks Johnston released an independent research report on questions which she deems critical to the MPOs making an informed decision on how to spend the $10 rmllion dollars earmarked for a Coconut Road 1-75 Interchange. 1-ler charge to researcher, Dana Letourneau, a career professional familiar with Congressional appropriations procedures, was to determine the following: 1) What exactly did Congress vote for when inserting Congressman Youngs Coconut Road Earmark? 2) Could the Lee MPO reallocate the funds to higher priority projects, if it wished? 3) What is the exact procedure for re-programming an earmark? The research paper documents that 1) Congress didnt vote $10 million for a Coconut Road Interchange; Congress

voted $10 million for 1-75 widening arid improvement. 2) The money can be reallocated immediately on a loan basis, and permanently by

making a technical correction in the legislation to what Congress actually voted. 3) There are a number of ways someone in our Congressional delegation can

initiate such a legislative technical correction. Johnston stated, Fifteen honorable elected officials comprise the Lee MPO. We need the answers to the above questions prior to our August 17, 2007 meeting when we decide on how the Coconut Road earmark money will be spent. In setting our county-wide priorities, we include the economic development needs of the majority of county businesses, the needs of residents and visitors in our rapidly growing population, and we strive to protect the environmental resources which make possible our econoniic viability. Our staff and the Florida Department of Transportation staff constantly update the data we use in decision making. The Lee MPO, in setting priorities, affirms this staff work and affirms the support of our Congressional delegations

vote. I do not think anyone believes that Alaskan Congressman Youngs self-interests should detennine Lee County Florida priorities. BELOW IS REPORT. ACTUAL DOCUMENTS IN ADOBE A1TACHED Memorandum: July 31, 2007 To: Carla Brooks Johnston, Chair of Lee County MPO

From: Dana Letounieau, former Deputy Asst. Secy, U.S. Department of Labor, 19932000 (DOL representative to Appropriations Committees) (Lee County resident) Subject: Research on Coconut Road 1-75 Interchange Earmark: I. II. III.
IV.

History of Earmark Is the $10 M Lost to Lee County if not used for Coconut Rd.? How to Change the Purpose of the Eamiark Conclusion

I.

hISTORY

The authorization and funding for the Coconut Road interchange 1-75/Lee County project is contained in Public Law 109-59, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (known as SAFETEA-LU). This law was signed by the President on August 10, 2005. This statute included 5 projects for Lee County: Lee Countys Five Member Earmark Projects (total 5-year fundsFY-05-09) High Priority Projects (I-IPP) (Section 1701 of Title I): #781 1-75 Widening and Improvements in Collier & Lee County, FL $36.0 million

[Added by House in conference June/July 2005J

#93 1 Widening and Improvements for 1-75 in Collier & Lee County $21.6 million

[added by House in conference June/July 2005)]

#3898 1-75 Widening and improvements in Collier & Lee County, FL

$15.0 million

[added by Senate in conference June/July 2005] #3920 1-75 improvements, widen to six lanes 1-75 from Golden Gate Parkway in Collier County to Daniels Parkway in Lee County [added by Senate in conference June/July 2005J
Transportation Improvement Projects (TIP) (Section 1934 of Title I): #462 Coconut Rd. interchange 1-75/Lee County* $10.0 million

$ 8.5 million

[* This project added by the House in conference was niiiizbered prolect #461 in the Conference Report (H. Rept. l09-2O3, and designated as $10 million for widening and improvements for 1-75 in collier all d Lee County when it passed both the House and Sell ate Oil July 28, 2005. However, AFTER final passage by Congress and before the President signed the bill into law oiz August 10th, the purpose of the earmark was changed to coconut Rd. 1
GRAND TOTAL

$91.1 million

[See Attachments 1, 2, 3, 4, 4(a), and 5.] As you can see, several of the Lee County projects have the same descriptionI-75 widening and improvements in Collier and Lee County. The reason for multiple projects with the same title/description is that each individual project number represents a specific members request. Although the name of the member requesting the project was not required to be made public when this bill was enacted in 2005, it is fair to assume that each member of the Lee and Collier Countys congressional delegation (Senate and House) asked for a member earmark related to the 1-75 work needed in Lee and Collier Counties. When the funds come to the local level through the Florida Department of Transportation (FDOT), all the numbered projects with the same title/description are managed as one.
Detail: Legislative History: House Action The transportation bill, H.R. 3, originated in the House, and was passed by the full House on March 10, 2005. There was no section in the House-passed bill dealing with Transportation Improvement Projects (TIP).

The original House bill only contained 96 High Priority Projects (HPP) (compared to the final number of 5,091), and none of these were for the Coconut Road Interchange or any other Lee County projects. Only 3 relatively small Florida projects were on the original House-passed list of 96 projects, and none of them were for Lee County.

Senate Action On March 16, 2005, the Senate Committee on Environment and Public Works reported out its version of SAFETEA-LU, 5. 732. Nothing in the table of contents of S.732 indicates that either the HHP or TIP sections were included and no member earmarks were listed in S. 732. (See table of contents of S. 732, found on www. THOMAS.gov.) It is not unusual for the number of member earmarks to grow substantially as the bill goes through the legislative process. Committees (esp. in the Senate) often slip in the member earmarks at the last minute in order to minimize the press scrutiny of earmarks, and maximize the Chairmans leverage over the members seeking the earmarks. From April 26 through May 17, 2005, the Senate version of H.R. 3 (S. 732) was on the Senate floor. The Senate considered hundreds of amendments, and psgd its version of H.R. 3 on May 17, 2005. Based upon a review of the Congressional Record, it does not appear that any member earmark projects were considered during floor action. [See the detailed list of all legislative actions for H.R. 3, as found on THOMAS.J Again, this demonstrates that most member earmarks are handled behind closed doors and at the end of the legislative process.

Con ference Committee The Conference Committee, made up of members (usually authorizing committee members) appointed by both the House and Senate, met on June 6, 2005 to resolve disagreements between the House and Senate bills. On July 28, the conferees filed the conference report (called H. Rept. 109-203). The conference agreement includes a substitute for the Senate amendment, and for the first time includes a new category of member projects--Section 1934, Transportation Improvements (TIP) projects, and includes the conference agreed upon list of member projects. This TIP list, organized by State in the conference report, contained 465 member projects, including 7 Florida projects (#44-50), none of which are in Lee County. At the end of this list of projects in alphabetical order by State (which is the way the Senate organizes its projects), there is a list of 10 projects, apparently added late in the process, that are not in order by State. In this list of 10 last minute projects, which have hand-written new project numbers on the side, there is for the first time Proiect#461, FL, Widening and Improvements for I 75 in Collier and Lee County, $10 million.

This means that when the House members voted on the HR. 3 conference report (H. Rept. 109-203) on July 29, 2005, they voted for this wording of the proiect, not Coconut Rd. Interchange. Since the Senate passed the House-passed conference report on the same day, the Senate also voted on this original version of this earmark language. [See Attachment 3. (Note Adobe copy omits Attachment titleIt starts w. cover for Conference Report-H.R.3]

Note: All the source documents are found on the official congressional website (www.THOMAS.gov, maintained by the Library of Congress. To access the final conference report voted on by Congress, search for H.Rept. 109-203, and go to section 1934, and look for Project #461.1 Bill Enrollment Bills that pass Congress must go through a technical bill enrollment process to ensure that the final bill sent to the President for signature reflects precisely the effect of all amendments agreed to by both bodies. Under House and Senate rules, just after Congresss final passage of the bill, the bills conference committee manager requests unanimous consent for the Clerk of the House (under the direction of the Conference Committee Chairman), to make such changes after passage of the bill. By giving unanimous consent for these technical corrections to be made in the bill after it has been passed, the House and Senate are authorizing corrections to section numbers, punctuation, and cross references, and to make such other necessary technical and conforming changes as may be necessary to reflect the final actions of both bodies. [See Attachments 4(a), and also see explanation in THOMAS How Our Laws Are Made, XVII. Enrollment.] In the case of H.R. 3, the enrolled version of the bill [See Attachment 4, from THOMAS] redesignated the $10 million Lee County project #461 as #462 (most likely reflecting a clerical eiTor in the bill as passed). Most importantly, after congressional passage of the conference report, the purpose of this proiect changed from its passed version of widening and improvements forT15 in Collier and Lee County to Coconut Rd. interchange 1-75/Lee County.

It is unclear how such a substantive change could have been made at this point in the process without taking the matter back to Congress for a vote. For example, on July 29w, Congress passed H. Con Res. 226 to make a correction to the enrollment of H.R. 3, striking section 1942. f]q there is a legislative process (Concurrent Resolution) available for post-enactment substantive changes, which was not used in the case of TIP#462 (Coconut Rd.). The enrolled version of a bill is not usually available to the public, since it is quickly replaced by the version of the bill signed by the President that is then printed as public law. Although a copy of the enrolled version of the bill is now available on THOMAS, it is unlikely that it was available publicly at the time it was transmitted to the President. A change in the description/purpose of a member project would not be within the scope of the technical enrollment rules. It is hard to imagine how such a substantive change to Section 1934 could have been made at this point in the legislative process without the knowledge and/or involvement of the Chair of the Conference Committee at the time (Rep. Don Young (R-AK). According to press reports, Congressman Connie Mack requested the $10 million in #462, which was included in the final conference report as #461: 1-75 widening and Congressman Mack has said he was unaware of the change in its improvements designated purpose to Coconut Rd. interchange/1-75 until after the bill was signed by the President.
.

P.L. 109-59, as signejyjhe President The bill as signed by the President, P.L. 109-59, enacted on August 10, 2005, contains the same language as in the enrolled bill.
It wasnt until after the bill became law that it became public that the 1O million for Lee County in Project #462 chanced from widening and improvements in 1-75 to Coconut Rd. interchange/I-75.

II.

IS THE $10 MILLION LOST TO LEE COUNTY IF NOT USED FOR COCONUT ROAD INTERCHANGE?

As this section will explain in detail, the MPO should not be worried about losing $10 million if it doesnt want to proceed with the Coconut Rd. interchange. This $10 million is reserved for Lee Countys use until expended and cannot be taken away from the County or redirected by either the State or the Federal government without a change in the Federal statute. There is an established congressional process and common practice for member earmark technical corrections legislation. Given that the intended purpose of Lee Countys project #462 was changed in the bill enrollment process after it had been passed by both the House and Senate, it is a prime candidate for a technical correction. It is the MPOs responsibility to ask its congressional delegation for this legislative change. \Vhile this legislative process plays out, Lee County MPO can request FDOT to temporarily redirect (loan) these TIP #462 (Coconut Rd.) project funds, as provided by the statute in Section 1935, Project Flexibility, to the existing project for widening and improvements to 1-75 in Lee and Collier Counties (HPP #3898). The following discussion details the components of this process.
A. Flexibility Provisions

Member Earmark Projects: Fundingyailability

Although changes in the purpose of the funds cannot be made without legislative action, the statute provides for some flexibility in the use of these funds during the 5 year period, as outlined below. The I-louse and Senate members have different interests; therefore, the flexibility rules have been designed to reflect those interests. Since the Senators represent the whole State, they provided some flexibility for projects with the State that were Senate projects. However, House members represent only their districts, so they have no interest in flexibility among projects within a State, thus, the flexibility provisions in the statute dont apply to the House projects in Section 1701 (HPP). The funds listed for the High Priority Projects (HPP) are the 5-year total, and 20% of these funds are allocated to the State (FDOT) each year, FY 2005 to FY 2009. The HPP program is subject to obligation limitation that is set aside specifically fro this program.

The limitation is special no year limitation that remains available until used. (See Attachments 2 and 2(a).) As part of the Transportation Improvement Projects (TIP), the funds for these projects are also allocated to FDOT, and the amount listed in the table is the total for FY 2005-2009. These funds are allocated in the following amounts: o o o o o 10% for FY 2005, 20% for FY 2006, 25%forFY 2007,
25% for FY 2008, and

20% for FY 2009.

(Section 1934(a) (2)). These funds are available until expended. (Section 1934(b) (1)).

[See Attachments I and 1(a).] Thus, of the $10 million for Project #462 (Coconut Rd.), 55% has already been allocated to FDOT, or $5.5 million. To date, it does not appear that any of these funds have been used for the Coconut Road Project (#462) purposes.

Member Earmark Projects: Flexibility Rules Section 1935 of Title I allows for some flexibility of funding between certain member earmark projects. Essentially, a State can loan money between projects both within and across types (High Priority Projects (1-IPP) and Transportation Improvement (TIP) projects), This flexibility applies to all Hieh Priority Projects that are numbered 3677 or higher (these are Senate earmarks); and applies to any Transportation Improvement Project (this program was added by the Senate; therefore they established rules as if they were all Senate earmarks). This flexibility provision essentially provides timing flexibility, allowing a State to give a higher priority to a certain high priority project so it can get a faster/bigger start; however, by the end of FY 2009, any project that had funds shifted out of it must have its funding level fully restored. Thus, no overall 5 year authorization for a project from the category list may be reduced. According to FHWAs October 2006 Implementing Guidance for SAFETEA-LU High Priority Projects (Section H.B), the State DOT submits its request to the FHWA Division Office. This process does not require a decision by headquartersthey simply execute the financial transaction requested by the State.

[See Attachments 1, 1(a), and 8.]

Although the Federal funds are allocated to the States, the programs operate on a reimbursable basis, both between the Federal government and the States, and between the local entities and the State. In other words, actual funds are not transferred until after the work is completed and the State (or the local government) submits the request for reimbursement. [Response from FHWA Program Administration staff 7/20/07.] Application of Flexibility Provisions to TIP Project #462 (Coconut Road) With respect to the application of this flexibility provision to Florida, the State has had the option over the past 3 years of temporarily shifting the $5.5 million allocated to date from TIP Project #462(Coconut Rd.) to HHP #3828 ($15 million for widening and improvements to 1-75/Lee and Collier Counties), allowing that project to get a faster start. Thus, rather than the project #462 (Coconut Rd.) funds sitting in the bank while the County pursues a statutory change in the language designating the use of funds, these funds can be put to use now on the 1-75 widening & improvement project (#3 828), which could include a study of such things as Bonita Beach and

Corkscrew interchanges. The County has until 2009 (and even later if SAFETEA-LU reauthorization is delayed) to secure the language change in #462 (Coconut Rd.) that would return it to the original House and Senate passed conference report language of 1-75 widening and improvement in Lee & Collier Counties. These funds will not be lost or expire, and cannot be redirected by the State for some other project without specific legislative action. [See Attachment 9.] If the project funds for #462 (Coconut Rd.) remain unused after 2009, the reauthorized transportation bill will likely include a section, such as Section 1603 in the 2005 SAFETEA-LU, which gives the Secretary of Transportation the authority to redirect the use of funds for inactive projects, but it includes a sense of Congress that these funds should be spent in the same geographic region for which the eligible funds were initially made available. [See Attachment 9.] In sum, these funds will remain for a Lee County transportation project under any scenario. III. How to Change the Purpose of the Earmark Member earmarks in SAFETEA-LU are statutory earmarks, which mean that these funds cannot be used for any other purpose without a change in the Federal statute. Based on a review of public documents, it is not unusual that changes are needed in earmark language to reflect changes in local needs or entities to receive the funds, etc. There are several ways in which these statutory changes can be made: 1. A technical corrections bill. A SAFETEA-LU technical corrections bill, H.R. 1195 and S. 1611, is currently making its way through Congress. It was passed by the House on March 1, 2007, and the Senate Committee on Environment and

Public Works reported it out of Committee on June 6ul. The Committee on Banking, Housing, and Urban Affairs (which has some jurisdiction over the transit sections of the statute), also reported out its version of S. 1611 on June 13, 2007, and the bill is currently on the Senate Legislative Calendar. H.R. 1195 was passed by unanimous consent and voice vote in the House and the same procedure is likely for the Senate. In order words, it is signed off on by both sides of the aisle, and is passed without any debate or vote.
Detail: The Senate bill, 5. 1611, could be brought to the floor at any. [Note that the Senate is scheduled to recess August 6 September 3, 2007, so it could be taken up before the August recess, or in September when they return.j Once the Senate passes its bill, a conference committee will be required, since the House and Senate bills will need to be reconciled, which creates another possible opportunity for this technical amendment to be inserted.

House authorizing committee: Committee on Transportation and Infrastructure o Chair, Rep. James Oberstar (D-MN-8); Ranking Minority, John Mica (FL-7) [Note: Don Young (R-AK) was chair in 2005, and remains a member of the committee but is not in a leadership position.] There are 5 representatives on this subcommittee from FL4 are Republicans, including the Ranking Minority, John Mica, Connie Mack, Mario Diaz-Balart, and Vern Buchanan

The one Democrat is Corrine Brown (3 district) o Subcommittee: Highways and Transit Chair: Peter DeFazio (D-OR) Ranking Minority: John Duncan (R-TN)

(Note: Connie Mack is on committee but is not on this subcommittee) Senate authorizing committee: Committee on Environment and Public Works [note: other committees have joint jurisdiction over other parts of the bill, but not the highway portion] o o Chair, Barbara Boxer (CA); Ranking Minority, James lnhofe (OK) Subcommittee: Transportation and Infrastructure: Max Baucus (D-MT) (Chair) John lsakson (R-GA) (Ranking)

(Note: There are no Senators from FL on this Committee.)

2. Technical amendments section in the next version of SAFETEA-LU legislation when it is reauthorized in 2009. In the 2005 legislation, there is a Section 7103, Technical Amendments to Transportation Projects, which amends the previous legislation, TEA-2 1, which makes changes in 19 of the member earmarks in that bill. These changes are primarily changes in wording of the use of the funds for that community rather than a shifting of those projects to another purpose within the State. [See Attachment 7.] Detail:
It is important to note that even though the funds i these original TEA-21 projects had been available since 1998, the funds remain available until spent, so that just because the original authorization dates of between FY 1998 and FY 2003 had passed, those funds were still available to be spent for these newly revised purposes, as enacted in these technical amendments in 2005. 3. Appropriations. Although a transportation bill, generated by the House or Senate authorizing committee, is the traditional starting point for technical corrections in

legislation under its jurisdiction, these kinds of technical corrections can be attached to other legislative vehicles that are moving through.
Detail: The primary vehicle used for such technical coiTections is the annual appropriations bills. In this case, it could be the Transportation Appropriations bill which covers transportation issues. Although the funds for these transportation projects (and everything in the SAFETEA LU legislation) come from the Highway Trust Fund, the authority to obligate that money each year must be provided in the annual appropriations bill. Since having authorizing legislation on an appropriations bill is subject to a point of order on the floor, the appropriations committee must have a sign-off from the chair of the authorizing committee in order to legislate on an appropriations bill. An appropriations bill is often the only train leaving the station every year, so it becomes the vehicle for an assortment of legislative amendments in both the House and Senate, sometimes added in committee, on the floor, or in conference.

House Appropriations Committee: Chair: Dave Obey (D-WI) Ranking: Jerry Lewis (R-CA) Transportation/HUD Subcommittee Chair: John Olver (D-MA) Ranking: Joe Knollenberg (R-MI)

Note: There are 4 members from FL on the full Committee, but none on the subcommittee: Allen Boyd (D), Bill Young (R), Dave Weldon (R), and Ander Crenshaw (R). Senate Appropriations Committee: Chair: Robert Byrd (D-WVA) Ranking: Thad Cochran (R-MS) Transportation/HUD Subcommittee Chair: Patty Murray (D-WA) Ranking: Christopher Bond (R-MO) Note: There are no Senators from Florida on the Appropriations Committee

Status of FY 2008 bill: House Committee marked up bill on July 11, 2007 & Senate Committee marked it up on July 12, 2007. Floor action in both houses could occur at any time. Conference committee action is anticipated in September-October. 4. Process for Making Change: In all of the three approaches above, by custom, a request for the change in language usually is initiated by a member of the affected congressional delegation. Bills often start in the House. However, the Senate could address it in their version of the bill, or an individual Senator could offer an amendment on the floor, or a conferee could attempt to insert it in conference, with clearance from the authorizing committee.

IV. CONCLUSION
In light of this research, it should be clear that: The purpose of the $10 million TIP project #462 (Coconut Rd.) was changed from the language in the final conference report as voted on by Congress on July 28, 2005widening and improvements for 1-75 in Collier and Lee Countyto

Coconut Rd. interchange 1-75/Lee County AFTER congressional passage but before the bill was signed into law by the President. The Lee County MPO has the right to have the $10 million redirected. The statute protects this $10 million for a Lee County transportation project until expended. It cannot be redirected to any other State or any other project within the State without a statutory change, which, by custom, is initiated by the congressional delegation representing the geographic area of the designated project.

Contact Info: Dana Letourn can 1679 Serenity Lane Sanibel, FL 33957

Email: /etournd(thpeoplepc. corn

239-850-3219

Page lof7

naplesnews.com
Money a motivator in 1-75 earmark?
Coconut Road
...

A House committee chairman is credited with putting 810 million into the federal transportation bill for a study of an interchange at 1-75 and

the question is why?

By Julio Ochoa

Sunday, April 16, 2006 Rep. Don Young, R-Alaska, isnt talking. But his money is.

The chairman of the House Transportation and Infrastructure Committee, who is credited with putting a $10 million earmark in the federal transportation bill to study an Interstate 75 interchange at Coconut Road, has been quiet about how the money got there.

However, a fundraiser Young held at the Hyatt Coconut Point in Estero after a town hail meeting at Florida Gulf Coast University on Feb. 19, 2005, is speaking volumes.

Some believe contributions from that fundraiser hold the key to understanding how the unrequested money for the interchange study made its way into the federal transportation bill, which lawmakers approved last year.

Although it isnt clear exactly who was at the fundraiser, campaign disclosure records filed by Young show he recorded S41,750 in donations on the same day March 8,2005. slightly more than two weeks after the fundraiser at the Hyatt. Of that amount, $16,750 came from donors who listed addresses in Naples, Bonita Springs and Fort Myers, and additional thousands came in from individuals or groups with connections to Southwest Florida.

At least one of the donors had a particular interest in the intersection.

Daniel Aronoff, a part-time Naples resident, owns two 600-acre sections of property directly east of where the interchange could go. Aronoffs $500 contribution to Youngs campaign was reported at the same time that others from the fundraiser were filed.

A few months later, Aronoff contributed $2,500 to Youngs Midnight Sun Political Action Committee, which raises money to contribute to

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the campaigns of Republicans in contested races. Aronoff couldnt be located for comment.

When lawmakers approved the bill, many Lee County officials were surprised by the earmark for an interchange that wasnt in the countys long-range transportation plans.

For some, the contributions are enough to indicate that Young placed the $10 million in the bill based on special interests.

To me, it looks very transparent, Lee County Commissioner Ray Judah said. Its very transparent of whats going on to the detriment of public interest.

Judah, who is on Lee Countys Metropolitan Planning Organization, fought to keep the interchange out of the groups long-range transportation plans.

He and several environmental groups are against the project because they fear it would make way for development on environmentally sensitive lands to the east of the interstate.

Judah also doesnt want the federal government and special interests influencing transportation decisions in Lee County, he said. Twice, Judah was successful in getting enough members of the MPO to agree with him.

However, when he reintroduced the issue at Marchs MPO meeting in hopes of using the earmark to study an interchange with access oniy to the west, his initiative failed when members voted to put the project in Lee Countys 2030 Transportation Plan.

Earmarks

If skeptics are right, it wouldnt be the first time special interests influenced funding in the federal transportation bill, said Keith Ashdown, spokesman for Taxpayers for Common Sense, a watchdog group that follows political contributions.

With 6,374 earmarks tagged onto the federal transportation bill at a cost of $24 billion, Lee County is not the only area affected by special interests, Ashdown said.

The bill is loaded with projects that made it in because of politics, not their ability to reduce traffic or save lives, Ashdown said.

A lot of people have learned the way to get earmarks is to grease the wheels and throw a little campaign cash in the direction of the

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Page 3 of 7

representative from Alaska, he said. Its outrageous. Projects should be chosen on merit, not just because you have deep pockets.

But the practice seems to be becoming more of a standard in Congress because it is hard to prove a direct connection between fundraising and earmarks, Ashdown said.

There is nothing illegal about campaign cash, he said. If it looks, smells and quacks like a bribe, its a bribe, but because he is not personally benefiting, it is not legally considered a bribe.
Fundraising

It is not uncommon for a congressman to hold fundraisers to get campaign contributions outside of his or her home state, said Rep. Connie Mack, R-Fort Myers. Mack said he has done it several times. So has Young, according to campaign contribution records.

So far, during the 2006 election cycle, Young has raised 84 percent of his itemized campaign contributions from individuals in states other than his own, according to FEC Info, a company that tracks campaign contributions reported to the Federal Elections Commission.

The state with the highest amount of contributions is Arkansas, which also received a mysterious earmark in the federal transportation bill.

In 2004, when lawmakers were still drafting the bill. Arkansas politicians held a fundraiser for Young that raised about $42 millioi for his re election campaign.

Several proponents of a project to extend an Arkansas highway attended the meeting and donated to Youngs Midnight Sun PAC.

Months later, many in Arkansas were surprised to find S40 million in the Houses version of the federal transportation bill for the highway project. Like the proposed Coconut Road interchange, Arkansas highway project wasnt in the areas long-term plans. By the time lawmakers approved the bill, the $40 million earmark rose to $72 million and required a state match,

Youngs fundraiser at the Hyatt helped Florida achieve its rank of sixth in the nation in individual contributions to Youngs campaign, according to FEC Info.

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Mack said he helped organize the fundraiser for Young.

Any time a powerful chairman of a committee comes to Southwest Florida, it is a good thing, Mack said. I was happy that the chairman took time to come and happy to help in any way I could,

Contributors reported on Youngs March 8, 2005, filing who could be reached for comment said they attended the fundraiser and donated because they support improving Southwest Floridas infrastructure.

We support anything that will enhance the expansion if 1-75, said Michael Reitrnann, executive director of the Lee Building Industry Association. I personally wrote a check because I believe Rep. Young can help the area.

With a university, an airport and the addition of a major mall in the Coconut Road area, funding to study an 1-75 interchange makes absolute sense, Reitmann said.

I hear comments made about political agendas, he said. Its the typical response from anti-growth advocates and commissioners that have their own political agenda.

Tina Matte, spokeswoman for the Southwest Florida Transportation Initiative, said her agency has met with Young on several occasions to talk about expanding 1-7 5. The fundraiser was another opportunity to garner Youngs support, said Matte, who attended the event.

Chairman Young, being the chair of one of the most-powerful committees in Washington, travels all the time, Matte said. Its certainly not unusual that a community hosts him and supports his efforts.

Southwest Florida has many transportation needs, Mack said. The chairman put $81 million in the transportation bill to help with the 1-75 expansion and also recognized that the area needs more east-west corridors, Mack said.

Infrastructure is so important to the quality of life and safety in Southwest Florida, he said. Anytime we have an opportunity to improve our infrastructure in Southwest Florida, we have to take that seriously. But opponents of the interchange dont buy that argument.

County planners have identified a multitude of other projects that take precedence over the Coconut Road interchange, said Don Eslick, chairman of the Estero Council of Community Leaders, who, along with many other residents in Estero, opposes the interchange.

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Page 5 of 7 Eslick said he believes leaders in Lee County were taken in by special interests and the lure of $10 million.

It is the worst display of influence peddling that is associated with these earmarks, Eslick said. Its a national thing reaching down to our area and trying to distort what our people are trying to do.

After all of the facts surrounding the earmark come to light, Eslick said, he hopes leaders in Southwest Florida learn their lesson.

You cant blame people for being taken the first time something like this happen.s, Eslick said. I would hope that weve learned from this experience and would prevent it in the future.

U.S. Rep. Don Young, R-Alaska, held a fundraiser at the Hyatt Coconut Point in Estero on Feb. 19, 2005. Slightly more than two weeks later, on March 8, 2005, his campaign contribution reports recorded the following donations: Robert Anestis, CEO Florida East Coast Industries. Ponte Vedra Beach: $2,000 Robert Anestis, CEO Florida East Coast Industries, Ponte Vedra Beach: $2,500 Daniel Aronoff, executive with The Landon Companies, Birmingham, Mich.: $500 Frederick Barber, engineer with Agnolia, Barber & Brundigh, Bonita Springs: $500 Carl Barraco, engineer with Barraco & Associates, Fort Myers: $500 Wayne Byers, vice president Holland America Line Inc., Belleveue, Wash.: $250 Miles Collier, Collier Enterprises, Naples: $2,000 Parker Collier, Collier Enterprises, Naples: $500 Theresa Collier, Collier Enterprises, Naples: $500 Barron Collier II, Collier Enterprises, Naples: $2,000 K. Earl Durden, chairman Rail Mgmt. & Consulting, Panama City: $1,000

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Page 6 of 7

Karen Durden, president Rail Mgmt. & Consulting, Panama City: S 1,000 Michael Durden, Rail Mgmt. & Consulting, Panama City: $1,000 Florida Rock Industries, Jacksonville: S2,000 Harold Fried, attorney, Birmingham, Mich.: $500
John Garvalia, additional information not available, Bonita Springs: $500

David Genson, additional information not available, Naples: $500 Amy Gravina, consultant with Gravina Smith & Matte, Fort Myers: $500 Deborah Greenberg, additional information not available, Naples: $1,000 Greyhound Lines PAC, Dallas, Texas: $1,000 Johan Groothuizen, vice president of marine hotel operations, Holland American Lines, Seattle, Wash., $250 Christopher Hanlon, additional information not available, Naples: $1,000 HNTB Corporation PAC, Kansas City, Mo.: $2,000 Alfred Hoffman, CEO Florida Design, Fort Myers: S2,000 Ingram Barge Company PAC, Nashville, Tenn.: $1,000 Norman Lent, attorney with Lent Scrivner & Roth LLC, Alexandria, Va.: $250 Susan Heck Lent, homemaker, Alexandria, Va,: $250 Tina Matte, executive with Bonita Bay Group, Fort Myers: $500 Heather Mazurkiewicz, additional information not available, Fort Myers: $1,000

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Page 7 of 7 John McPherson, additional information not available, Ponte Vedra Beach, $2,000 John McPherson, additional information not available, Ponte Vedra Beach, $2,500 Albert ODonnell, owner ODonnell Landscapes, Estero: $500 Parson Brinckerhoff Inc. PAC, New York, N.Y.: $500 Michael Reitmann Jr., executive vice president of Lee Building Industry Association, Fort Myers: $500 Jerry L. Starkey, WCI Communities, Naples: $2,000 G. Donald Thompson, attorney with Henderson Franklin, Bonita Springs: $250 AMO Voluntary PCF PAC, $5,000, Dania Total: $41,750 2007 Naples Daily News and NDN Productions. Published in Naples, Florida, USA by the E.W. Scripps Co.

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Letter: Stop demonizing the Bonitans

By Banner Wednesday, February 8, 2006 Editor, The Banner: To my good friend Arnie Rosenthal: When things get controversial in Estero, the un-elected Estero leadership frequently resorts to Bonita-bashing, rather than looking to find constructive solutions and area-wide consensus to address South Lee County problems. Arnie, your recent opinion piece is a prime example. The Coconut Road/I-75 interchange will be needed sooner rather than later, but most certainly at some point in time rather than never, to reduce the traffic congestion that has come to plague South Lee County (both Estero and Bonita Springs) over the past few years. All of the experts agree that the interchange will reduce congestion on Three Oaks Parkway, Corkscrew Road, U.S. 41, Bonita Beach Road, and even modestly on Alico and Immokalee Roads to the north and south. The opponents to the interchange claim that the interchange first mysteriously appeared out of thin air in late 2005. The documented fact is that the interchange has been planned for and relied on as a critical long-range part of the South Lee County road network for at least two decades. If you doubt that, look at an aerial photograph of the Brooks; Lee County required the developers of The Brooks to set aside the necessary right of way in the early 1990s to accommodate a future full interchange at the east end of Coconut Road. Rosenthal then suggests that the interchange is the product of a scheme between the city of B onita Springs and a landowner east of 1-75 to give a windfall to that landowner at the expense of the rest of us. The simple but largely untold truth is the only sin that landowner committed is that he supported the election opponent of a certain county commissioner in 2004. That same commissioner now actively opposes the interchange and focuses his attacks on that same landowner. The commissioner, who is a planner by education and pro-public service work experience, voted numerous times in favor of The Brooks development in the early 1990s, which plans prominently included the interchange land set aside that you can see so clearly from above. I can recall no objection or opposition from that commissioner in the early 90s, only praise that The Brooks developer not only
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Letter: Stop demonizing the Bonitans BonitaNews.com set aside substantial road rights of way for future roads (including the interchange) but actually built several miles of the roads Estero now enjoys. Was this county commissioner mistaken, confused, or simply tricked in the early 90s; is his culTent opposition (albeit absent a confession that he was mistaken in the early 90s) really a courageous act of political integrity and public spirit; or is his current opposition really just a cynical political payback at the expense of all of us who continue to sit in traffic? Rosenthal next boldly predicts that all South Lee County needs for the next two or three decades is two more lanes each on Corkscrew, Terry Street and Bonita Beach Road to interconnect 951., 1-75, Three Oaks/Imperial Street, Sandy Lane/Old 41, and U.S. 41. Common sense and all of the traffic experts suggest otherwise. I call on the leaders of Estero (many of which I have worked with as recently as last summer to successfully push Lee County and the city of Bonita Springs to stop the continued delays in commencing construction of Three Oaks/Imperial Street between Estero and Bonita Springs) and on my friend, Arnie. to stop demonizing those of us who live, work and do community work in Bonita Springs; stop using inflammatory language and suggesting an absence of integrity about us Bonitans; and instead, lead your community in a positive and constructive way to plan an adequate road network so that the traffic congestion with which we now live both in Estero and Bonita Springs can someday be a distant bad memory. And Arnie, you are still my good friend despite our disagreement about the interchange. But you cannot call someone a at the front end of a seirtence and end that same sentence with a plea to be 11 bully T neighborly and work together. John D. Spear / Bonita Springs
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Road interchange vital to UtU, public

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Guest column: Coconut Road interchange vital to FGCTJ, public
William C. Merwin -President, Florida Gulf Coast University Tuesday, February 7, 2006 As Southwest Floridas public comprehensive university, Florida Gulf Coast University plays a major role in regional economic and workforce development. Citizens now have the opportunity to obtain degrees through FGCUs 42 undergraduate and 20 graduate programs of study, and we want to ensure continued access to not only these academic opportunities but also literally to the campus itself. Improvements to our areas transportation system are necessary to ensure this access Last year FGCU hosted a town hall meeting attended by U.S. Rep Don Young, R-Alaska, who chairs the 1-louse of Representatives committee on Transportation and Infrastructure. During this meeting there was a great deal of interest in a proposal that would create an FGCU transportation management center in conjunction with a new Interstate 75 interchange at Coconut Road near the universitys campus in Estero. The transportation management center would utilize FGCU scientists and students in a prototype initiative that would implement and evaluate new transportation management, surveillance and simulation technologies for use in roadway construction and emergency operations. Young was insti-urnental in securing $10 million in federal funds to study the need for an interchange at Coconut Road. However, despite support from the city of B onita Springs and the Technical Advisory Committee to the Lee County Metropolitan Planning Organization (MPO), the MPO declined to include the study in its 2030 Long Range Transportation Plan. lam respectfully urging the MPO to reconsider this decision for the following reasons: Access to campus: FGCU currently has 7,200 students, and our enrollments have grown in double digits each year since opening in 1997. Of the 7,200 students, only 1,900 live in on-campus student housing, and the rest drive to and from FGCU We are in the process of updating our Campus Master Plan, and our enrollment projections are a staggering 20,000 to 22,000 students on our Estero main campus within the next 10 to 15 years. Clearly, transportation access will be critical to our ability to meet the educational needs of these students. A connection between an extended County Road 952 and the proposed Coconut Road interchange would significantly improve access to the campus. Hurricane evacuation: Through support of the Lee County Commission, FGCUs Alico Arena was constructed as a hurricane shelter to provide additional shelter capacity for area residents. The proposed Coconut Road interchange would provide accelerated evacuation times for citizens seeking refuge on our campus during emergencies. Benefits of transportation management center: FG-CU has a responsibility to Southwest Florida and the state to produce research benefits through the work of our faculty and students. We have subcessfully recruited nationally recognized professors with a wide range of expertise that is recognized each year in the form of federal and state grants to support their scholarly endeavors. As our region and state struggle with the challenges of explosive growth, I can think of no area in greater need of creative, science-based innovations than transportation. The FGCU transportation management center that would be built at the Coconut Road interchange offers unique opportunities for FGCU to develop research http :Hwww.bonitanews.comlnews/2006/feb/07/guest column coconut road interchange vi
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Guebo1umn: Coconut Road interchange vital to FGCU, public

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and based transportation solutions such as automated traveler information systems, traffic simulation to our modeling, and emergency and evacuation management that will provide significant benefits region and beyond. In closing, we at FG-CU are committed to fulfilling our regional mission and role through instn.ictiori, research and service. Our abilily to meet these responsibilities would be enhanced greatly through further study of the benefits of a Cocotiut Road interchange and establishment of the transportation management center. I am hopeful that the Lee County MPO will include the study in its 2030 Plan, and take advantage of the designated federal funds available to us for this important purpose. 2007 Borjita Daily News and The Banner. Published in Bonita Springs, Florida, USA by the EW. Scripps Co.

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Criminal investigation urged for Coconut Road earmark : naplesnews.com

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of 4

Criminal investigation urged for Coconut Road earmark

By ELIZABETH WRIGHT Thursday, April 17, 2008

After several years of questions and allegations, the Coconut Road earmark could now become a criminal investigation. Thats what the U.S. Senate is urging, after a vote Thursday to ask the Department of Justice to look into whether any laws were broken when one specific Lee County roadway Coconut Road became tied to a $10 million item in a 2005 highway bill.

What has attracted all the attention is that while the road appeared in the version of the bill the president providing money for a study of a controversial interchange proposal signed it was a change from the version of the bill that the House and Senate voted on earlier that year.

Initially, the $10 million was to pay for improvements along Interstate 75 in Lee and Collier counties. Along with the vote urging an investigation, Senate also approved a technical corrections bill Thursday that revisits the 2005 highway legislation. The bill would take the Coconut Road restriction off the $10 million, and send it back to Southwest Florida. While the Senates actions dont mean the money will return to the area just yet, Carla Johnston, the vicemayor Df Sanibel who has kept asking questions about how the earmark came to be, called this a big step toward fixing the tampered version of the bill. With the words Coconut Road pulled from the earmark, she said the money would be put toward the road priorities the Lee County Metropolitan Planning Organization selects: the proper bottom-up procedure. And despite earlier being told that questioning the earmark could jeopardize federal highway funding for Lee County, Johnston said that Thursdays votes show that asking Congress to change the language of the earmark through a technical corrections process is working out. Im very proud of the elected officials of the Lee County MPO who had the courage to recognize this problem, she said of the earmark. Many residents of Estero objected to seeing an interchange being built at Coconut Road, and the issue of whether to accept the earmark widely believed to be connected to the fundraising visit U.S. Rep. Don Young, R-Alaska, paid to Lee County in 2005 became a drawn-out debate within the MPO.

Long-standing concerns about new development east of the interstate and scrutiny of the intentions of one large landowner in the area dovetalled with evidence that property owner, Daniel Aronoff of Agripartners, had been among Youngs contributors and had helped organize the fundraiser. Together with the change in the earmark after Congress voted and the fact that no one in Congress was taking credit for bringing the funding to the area, it was enough for some to say something didnt seem right. Over the past year, the earmark drew increasing attention nationwide, and, more recently, numerous members of both the House and Senate have talked of the need for a criminal investigation.

http ://www.naplesnews .comlnews/2008!apr/ 17/criminal-investigation-urged-coconut-road-... 4/29/2008

Criminal investigation urged for Coconut Road earmark: naplesnews.com

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While the details of how the change occurred remained murky, Young, the then-House Transportation Committee chairman, has acknowledged that he backed the Coconut Road project at the request of community residents. I think its the right thing for the state of Florida, and you know, right now, theyre supportive of it, he said this week in an interview with The Associated Press. Mr. Youngs office has welcomed any inquiry or examination of the earmark, and I would support that as well, said House Republican leader John Boehner of Ohio. I think its in everyones interest that we know what happened and did not happen here. As the Senate debated what form an investigation should take this week, some in Bonita Springs, the city closest to Coconut Road, said the issue is more nuanced than a story of tainted money and pointless road project. Ben Nelson, the citys mayor-elect who will take office next week and who has previously chaired Lee Countys road planning agency, isnt convinced the way this earmark came about was all that unusual. Theres so much politics on both sides of this. Of all the things that weve seen come out of Washington in the last 20 years or so, when you look at this, probably this is not the only thing that has happened that is a little suspicious, he said. The more the earmark gets singled Dut and national attention is being paid to the road that ends just west of the interstate and just north of the city limits, what Nelson sees is that every bit of the language thats used is inflammatory, it makes assumptions. Its been sensationalized.. There are a lot statements out there that are just not true.
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For instance, he said, it seems the history of local interest in the interchange prior to 2005 is being ignored. This wasnt something totally unexpected as far as never been planned, never been talked about, he said. Its often compared to the bridge to nowhere, Nelson said, referring to a pricey bridge project in Alaska that Young has been criticized for supporting. Its not the same thing. For all the earmark caught many in the area by surprise in 2005, Nelson said, it didnt raise any alarms until quite frankly, the people who were horrified at the prospect of this thing happening and started digging around. Before the earmark ended up in the highway legislation, any prospect of an interchange at Coconut Road had been a conventional local planning debate, full of hypotheticals about how the area would grow and how to treat headaches drivers might encounter in the future. Both Estero and Bonita Springs were booming, and there were questions about how the new mall the Indianabased Simon Property Group was planning to build on former farmland at the intersection of U.S. 41 and Coconut Road. an idea later There was talk about extending Coconut Road west across Estero Bay to the Gulf beaches and there was talk about extending the road east over the interstate scrapped over environmental concerns to connect with a proposed extension of County Road 951 north from Collier County.

are in the deeds homeowners in some Estero predating any earmark Hints at a future interchange the 2005 highway bill passed, Bonita Springs had already communities near Coconut Road hold, and before paid about $15,000 to study if an interchange in that location would improve traffic within the city limits.

Nelson also has mixed feelings about calls for an investigation into the earmark for the Coconut Road interchange study.

http://www.napIesnews.com/news/2OO8/apr/l 7/criminal-investigation-urged-coconut-road-... 4/29/2008

Criminal investigation urged for Coconut Road earmark: naplesuews.com

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Its as if the only reason for doing the study was to benefit a developer. And that is not true, Nelson said. It wasnt focused only on this developer. This was something that a lot of us thought needed to be done for this entire reason. That is what is lost in this whole thing.
There has never been a road built in Florida

never

that has not benefitted a developer somewhere.

As for the allegations that Aronoffs contributions may have influenced the final text of the earmark, Nelson said its never been clear to him just what that connection would have been. He donated some money to his campaign. I suppose thats the connection. It sounds much more insidious, Nelson said. Did a great number of people lobby this person when he was down here to get some money? Yes. Yeah, they passed the hat and did everything they do when a politician comes to town, he said. Wherever these politicians go, people pass the hat. Thats part of the problem with the system. It was what happened next, he said

the entire earmarking process in Congress

that wasnt transparent.

But even with the changes to the language of the earmark before it hit the presidents desk, Nelson said he isnt certain thats uncommon. The way it was explained to me by several attorneys of Washington is it is not all uncommon for the sponsor of a bill to make changes at various points in time, he said. Of course weve heard the antithesis to that too. What is really abundantly clear is its a really superconvoluted process. There could have been criminal intent, he said. I dont know. But, he added, This really seems to have a life of its own over and above whether theres a need for an interchange in the next 20 years. Like Nelson, John Spear, now a Bonita Springs city councilman, had seen a need to study the interchange early on. At the point the earmark appeared in the legislation, he had been working as chair of a transportation committee for the Bonita Springs Area Chamber of Commerce to drum up interest in studying an interchange in that locationas one of several possibilities to improve the areas roads. While Spear said he wouldnt recognize anyone associated with Agripartners if they walked in my office, once the earmark became an issue, I was inadvertently put on the same side of the table. At this point, the interchange itself is dead, he said, and watching the issue get national attention and get debated in Congress is getting old. Still, Spear is curious to know what actually happened with the earmark. I would like to know the truth myself, he said. whether its a Justice Department inquiry, or It doesnt matter to him how those questions get answered explain publicly what was done to the text of the bill after it was simply having whoever made the change passed and wily.

So far, he has seen nothing black and white to show anything illegal happened, but then again, he also hasnt seen proof that everything with the earmark was pristine, either. Its sort of maddening that no one will stand up and say, yeah, I did it, and Ive done it 100 times, thats how things are done in Washington. If thats the truth, Id like to know that, Spear said. Id like to see that

http://www.nap1esnews.com/riews/2OO8/aprR 7/criminaI-investigation-urgedcoconutroad-... 4/29/2008

Criminal investigation urged for Cocomit Road earmark naplesnews.com

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person explain.

The Associated Press contributed to this report.

Naples News

http ://www.naplesnews. comlnews/2008/apr/ 17/criminal-investigation-urged-coconut-road-... 4/29/2008

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April 30, 2008

Former FGCU president says school should still push for Coconut Road exit in Estero
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Former Florida Gulf Coast University President William Merwin said today that FGCU pushed for the Coconut Road interchange then, and it should still be pushing for it today. Its a matter of public safety, Merwin said. Coconut Road, which stops just west of Interstate 75, would be extended further inland and connected with a long-proposed northern extension of Collier County Road 951. That extension near and emergency exit would run behind campus, thus providing a back entrance FGCUs new housing complex or Alico Arena. The university has two entranceways, but both connect with the same road, Ben Hill Griffin Parkway.

Merwin met Congressman Don Young, R-Alaska, at a town hall meeting held at FGCU in February 2005. It was there that Joe Shepard, vice president for administrative services, pitched a proposal to create a transportation management center either at the interchange or on campus. Congressman Young really liked it, Merwin said. After the U.S. representative, who was the chairman of the House Transportation and Infrastructure committee from 2000 to 2006, left Southwest Florida, We continued to lobby Congressman Young for funding, Merwin recalled. Quite frankly, we would have gotten it if Republicans hadnt been ousted from Congress.