H.R. 5689House109th Congress (2005-2007)Passed House

To amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes.

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11 earlier actions

SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 612.

September 14, 2006

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HouseIntro Referral

Introduced in House

June 27, 2006

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

Transportation and Infrastructure Committee

June 27, 2006

HouseFloor

Mr. Young (AK) moved to suspend the rules and pass the bill.

June 28, 2006 • 11:06 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H4779-4783)

June 28, 2006 • 11:06 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5689.

June 28, 2006 • 11:06 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H4779-4783)

June 28, 2006 • 11:11 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H4779-4783)

June 28, 2006 • 11:11 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 28, 2006 • 11:11 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Environment and Public Works Committee

June 29, 2006

SenateCommittee

Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

Environment and Public Works Committee

September 13, 2006

SenateCommittee

Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. Without written report.

Environment and Public Works Committee

September 14, 2006

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 612.

September 14, 2006

Floor Debate

5 members

What members said about H.R. 5689 on the floor

3 Republicans2 Democrats

Sen. Susan M. CollinsR-ME · Sep 13, 2006

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on September 13, 2006, at 10 a.m., to conduct a…

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Wednesday, September 13 at 11:30 a.m.

The purpose of this meeting is to consider the nominations of John Ray Correll to be director of the Office of Surface Mining Reclamation and Enforcement, Mark Myers to be director of the United States Geological Survey, and David Longly Bernhardt to be solicitor of the Department of the Interior.

President, I ask unanimous consent that the Committee on Environment and Public Works be authorized to hold a Business Meeting on Wednesday, September 13, 2006, at 9:30 a.m. to consider the following agenda:

Legislation: H.R. 5689, To amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; S.1848, Cleanup of Inactive and Abandoned Mines Act; S. 3630, To amend the Federal Water Pollution Control Act to reauthorize a program relating to the Lake Pontchartrain Basin, and for other purposes; H.R. 3929, Dana Point Desalination Project Authorization Act; S. 3617, North American Wetlands Conservation Reauthoriiation Act of 2006; H.R. 5061, Paint Bank and Wytheville National Fish Hatcheries Conveyance Act; S. 3551, Tylersville Fish Hatchery Conveyance Act; S. 3867, To Designate the Federal Courthouse at 555 Independence Street, Cape Girardeau, Missouri, as the ``Rush H. Limbaugh Sr., Federal Courthouse''; H.R. 5187, To Amend the John F. Kennedy Center Act to authorize additional appropriations for the John F. Kennedy Center for the Performing Arts for fiscal year 2007; S. 3879 ``Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation Act''; S. 2348, Nuclear Release Notice Act of 2006; and S. 3591, High-Performance Green Buildings Act of 2006.

Nominees: William B. Wark to be a Member of the Chemical Safety and Hazard Investigation Board; William E.

Wright to be a Member of the Chemical Safety and Hazard Investigation Board; Stephen M. Prescott to be a Member of the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; Anne Jeannette Udall to be a Member of the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation; Brigadier General Bruce Arlan Berwick to be a Member of the Mississippi River Commission; Colonel Gregg F. Martin to be a Member of the Mississippi River Commission; Brigadier General Robert Crear to be a Member of the Mississippi River Commission; and Rear Admiral Samuel P. DeBow, Jr. to be a Member of the Mississippi River Commission.

Resolutions: Committee Resolution for the Republican River Basin-- Colorado, Nebraska, Kansas; Committee Resolution for Beverly Hills, New Haven, Connecticut; Committee Resolution for Hanover Pond; Holly Pond; and Eisenhower Park--Connecticut; Committee Resolution for Mystic Harbor Water Resources Development--Mystic, Connecticut; Committee Resolution for the Burns Waterway Harbor--Indiana; Committee Resolution for Jefferson Parish Flood Control, Jefferson Parish, Louisiana; Committee Resolution for the Blackstone River Watershed--Massachusetts, Rhode Island; Committee Resolution for the St. Clair River, Lake Level Study--Michigan; Committee Resolution for the Crow Creek Watershed-- Cheyenne, Wyoming; Committee Resolution to direct GSA to prepare a Report of Building Project Survey; 12 resolutions to authorize the majority of the remainder of the General Services Administration's FY 2007 Capital Investment and Leasing Program; and 8 resolutions authorizing courthouse projects.

Mr. President: I ask unanimous consent that on Wednesday, September 13, immediately following the 9:30 a.m. Business Meeting the Committee on Environment and Public Works be authorized to hold a hearing to consider the following pending nominations:

Roger Romulus Martella, Jr., to be Assistant Administrator of the Environmental Protection Agency;

Alex A. Beehler to be Assistant Administrator of the Environmental Protection Agency; and

William H. Graves to be a Member of the Board of Directors of the Tennessee Valley Authority.

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Wednesday, September 13, 2006, at 10 a.m., in 215 Dirksen Senate Office Building, to hear testimony on ``Taking the Pulse of Charitable Care and Community Benefits at Nonprofit Hospitals.''

THE PRESIDING OFFICER. Without objection, it is so ordered.

committee on foreign relations

Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Wednesday, September 13, 2006, at 9:30 a.m. to hold a hearing on Lebanon.

Mr. President, I ask unanimous consent that the Committee on Homeland Security and Governmental Affairs be authorized to meet on Wednesday, September 13, 2006, at 2:30 p.m. to consider the nominations of Wayne C. Beyer to be Member, Federal Labor Relations Authority, and Stephen T. Conboy to be U.S. Marshal, Superior Court of the District of Columbia.

Mr. President, I ask unanimous consent that the Committee on the Judiciary be authorized to meet to conduct a markup on Wednesday, September 13, 2006, at 9:30 a.m. in the Dirksen Senate Office Building Room 226.

Agenda

I. Bills: S. 2453, National Security Surveillance Act of 2006, Specter; S. 2455, Terrorist Surveillance Act of 2006, DeWine, Graham; S. 2468, A bill to provide standing for civil actions for declaratory and injunctive relief to persons who refrain from electronic communications through fear of being subject to warrantless electronic surveillance for foreign intelligence purposes, and for other purposes, Schumer; S. 3001, Foreign Intelligence Surveillance Improvement and Enhancement Act of 2006, Specter, Feinstein.

Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 13, 2006 at 2:30 p.m. to hold a closed briefing.

Mr. President, I ask unanimous consent that the Special Committee on Aging be authorized to meet Wednesday, September 13, 2006 from 10 a.m.-11:30 a.m. in Dirksen 562 for the purpose of conducting meeting.

Mr. President, I ask unanimous consent that the Subcommittee on Crime and Drugs be authorized to meet to conduct a hearing on ``Challenges Facing Today's Federal Prosecutors,'' on Wednesday, September 13, 2006, at 2:30 p.m. in SD226.

Witness list

Panel I: Mike Battle, Director, Executive Office of U.S. Attorneys, United States Department of Justice, Washington, DC; Susan Brooks, U.S. Attorney, Southern District of Indiana, United States Department of Justice, Washington, DC.

Panel II: William Shockley, Former President, National Association of Assistant U.S. Attorneys, Lake Ridge, VA.

Rep. James L. OberstarD-MN-8 · Sep 29, 2006

I thank the gentleman for yielding. I am relieved that we are that point in the process on this technical corrections bill. This has had a longer gestation period than the technical corrections bill…

I thank the gentleman for yielding.

I am relieved that we are that point in the process on this technical corrections bill. This has had a longer gestation period than the technical corrections bill for the previous reauthorization, TEA-21, when we had well over

1,000 technical corrections. We have many fewer this time, but it seems more contentious, particularly with the other body.

It has just taken seemingly endless hours of discussion and meetings among committee staff, and discussions. And I particularly appreciate the patience of the chairman, the gentleman from Alaska (Mr. Young), who, on occasion, his impatience has moved the process along.

We should not have to do that. We should have been able to come together, look at the problems, just little oversights, misprintings, misstatements of what Members agreed upon in the conference and in the two versions of the bill that went to conference. We should have been able to do that in a matter of a couple of months.

But here we are almost a year later, well over a year later, and we are getting these items ironed out. Meanwhile, of course, a number of Members changed their mind about projects that they had, and circumstances changed in the various districts across the country.

So we have come back, and again with great bipartisan cooperation and an enormous effort on the part of the majority and minority staff, who have given tremendous hours of their time, Saturdays and Sundays, working, attempting to work through the August recess, when the other body went off and was not willing to cooperate with us.

But here we are. The SAFETEA-LU bill has proven to be enormously successful and effective. The policies that we set forth in that bill are being carried out by the States and with the practitioners of transportation across this country, and the bill has been received with great acclaim.

The technical corrections that we bring are, the gentleman from Wisconsin, the chairman of the subcommittee has spelled out some of them, Ranking Member DeFazio has spelled out others.

I want to particularly address the recapture of critical research funds for the future strategic highway research program, which is a long-term research initiative addressing the most significant problems of highway safety, reliability, capacity, and renewal.

The University Transportation Center Program, which has been very, very successful in offering new initiatives to deal with problems of transportation through the application of technology in education research, and innovative technological approaches to our transportation needs.

The development of publication of DOT's Conditions and Performance Report. That is so important. That is a little-understood item that is paid little attention, but it is the basis upon which we will move to the next authorization of transportation which will guide the practitioners, the State Departments of Transportation, the Federal Highway Administration in applying SAFETEA-LU. It gives us an objective appraisal of highway conditions, bridge conditions, financing of our transit and highway programs, performance of our highway, bridge and transit systems, and the needs for future investment.

This Conditions and Performance Report is a critical matter. I am glad we were able to get it straightened out.

The bill also modifies the Repeat Intoxicated Driver Law, to allow for the use of ignition interlock devices.

We were making a lot of progress against highway fatalities, but suddenly in the last 2 years the number has been going on up, somewhere around 44-45,000 fatalities a year. Should be going in the other direction. Half of those, nearly half of those, 40 percent of those fatalities are alcohol-related. It is not the bad road conditions. It is not bad bridges. It is alcohol related.

The interlock provision was included in both House and Senate bills, but it was not included in the conference report by simply an oversight. So the technical correction incorporates the change of giving States flexibility to continue with the 1-year license suspension requirement, or a 45-day license suspension. That is an important initiative if we are going to continue to save lives.

I am talking about just the fatalities. There are 1,300,000 people injured in accidents nationally. The repeat offenders are just a part of the U.S. drunk driving problem. They represent one-third of all DUI, driving under the influence, arrests every year. Fifty to 75 percent of repeat offenders whose licenses have been suspended continue to drive illegally.

So an ignition interlock will prevent those offenders who have imbibed too much from operating their vehicle. They will be able to drive to work, drive to school or go to an alcohol treatment program, but we want to keep those bad drivers, repeat bad drivers off the road and save lives, and this initiative will help do that.

The technical corrections bill also corrects and states in much clearer language an intention that was written in to permit the construction of a bridge over Interstate 35 near North Branch in the southern tier of my congressional district, and how the State and the Federal Highway Administration could have misunderstood the language we wrote in that bill is beyond me.

We authorized $7.5 million for design, engineering and construction of a bridge, and the Federal Highway Administration and the State said, oh, no, the way you wrote it, we interpret it to be only for design and engineering. Well, I tell you, you do not spend $7.5 million to design and engineer a $7.5 million bridge. We have made that very clear in this technical corrections.

So with those adjustments, I offer my heartfelt thanks to Chairman Young for his patience, for his perseverance; Chairman Petri, for a partnership that we have continually had and his leadership; and the gentleman from Oregon, who has invested an enormous amount of time; but especially to staff on both sides whose continued creativity has made it possible for us to bring this bill to this point. Now let us hope that the other body passes it with alacrity.

Rep. Don YoungR-AK · Sep 29, 2006

Mr. Speaker, I thank the gentleman for yielding, and I want to thank Mr. DeFazio and Mr. Petri, and especially Mr. Oberstar, the ranking member. This is a good team. We wrote a good bill, but the…

Mr. Speaker, I thank the gentleman for yielding, and I want to thank Mr. DeFazio and Mr. Petri, and especially Mr. Oberstar, the ranking member. This is a good team. We wrote a good bill, but the bill was quite large, and there were some errors in printing and errors in judgment in the sense that somebody had misinterpreted what we wrote, and this bill is truly a technical corrections bill.

The reasons it take a little time. As the gentleman from Minnesota mentioned, is because this is a two-body form of government, and there was some difference of opinion in the other body on what I will not mention, and it has taken us a long time to try to arrive at this technical corrections bill that gets done what we tried to do and intended to do and will do now in SAFETEA-LU.

I would like at this time, again it has already been said, but to thank the staff, minority and majority, Graham Hill, Ward, and Jim Tymon, and everybody that has worked on this legislation, along with the other body.

We now are at a point in the last days of this session that we will be able to get this bill done so we can go forth and implement what we did in SAFETEA-LU and that is getting transportation built within this country as it should.

The gentleman from Minnesota also mentioned about the foundation, and I have to say this because I know we are on this TV or C-SPAN and I will say that right now the institution of knowledge about previous law is crucially important for the next step in building infrastructure in this country. Much of SAFETEA-LU was based upon what was done in the previous transportation act and the next one, 4 years from now, will be based upon SAFETEA-LU, and that is crucially important to understand where we were before we can go forward from where we should be.

So for Members that say, well, this is an important institution, it is not important. If you want transportation to be built adequately and justifiably, then you go back through history and go forward on the blocks of building which we established in this legislation.

I just want that it is a good technical correction bill. It will be done, I believe, tonight; and the other body has

agreed to accept this, even though I cannot speak for them, but in doing so we will get the roads built, the bridges built and all the other programs the gentleman from Minnesota and the gentleman from Oregon and the gentleman from Wisconsin mentioned and that are in this

Mr. Speaker, I insert this exchange of letters between Don Young and Sherwood Boehlert for the Record.

House of Representatives,

Committee on Science,

Washington, DC, September 29, 2006.

Hon. Don Young,

Chairman, Committee on Transportation and Infrastructure,

Washington, DC.

Dear Mr. Chairman: I am writing to you concerning the

jurisdictional interest of the Science Committee in matters

being considered in H.R. 6233--To amend the Safe,

Accountable, Flexible, Efficient Transportation Equity Act: A

Legacy for Users to make technical corrections, and for other

purposes. The bill amends research portions of H.R. 3, Safe,

Accountable, Flexible, Efficient Transportation Equity Act: A

Legacy for Users (P.L. 109-59), which are within the Science

Committee's jurisdiction. The Science Committee acknowledges

the importance of H.R. 6233 and the need for the legislation

to move expeditiously. Therefore, while we have a valid claim

to jurisdiction over the bill, I agree not to request a

sequential referral. This, of course, is conditional on our

mutual understanding that nothing in this legislation or my

decision to forgo a sequential referral waives, reduces or

otherwise affects the jurisdiction of the Science Committee,

and that a copy of this letter and of your response will be

included in the Congressional Record when the bill is

considered on the House floor.

The Science Committee also asks that you support our

request to be conferees on any provisions over which we have

jurisdiction during House-Senate conference on this

legislation.

Thank you for your attention to this matter.

Sincerely,

Sherwood Boehlert,

Chairman.

Rep. Don YoungR-AK · Sep 29, 2006

Mr. Speaker, I insert in the Record a letter from me to Speaker Hastert regarding H.R. 5689, making technical corrections to SAFETEA-LU House of Representatives, Committee on Transportation and…

Mr. Speaker, I insert in the Record a letter from me to Speaker Hastert regarding H.R. 5689, making technical corrections to SAFETEA-LU

House of Representatives, Committee on Transportation and

Infrastructure,

Washington, DC, September 29, 2006.

Hon. Dennis J. Hastert,

House of Representatives,

Washington, DC.

Dear Mr. Speaker: On June 28, 2006 the House passed H.R.

5689, making technical corrections to the Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A Legacy for

Users (SAFETEA: LU). Yesterday, I introduced a bill that

revises H.R. 5689 to incorporate changes that the Senate has

asked us to include (H.R. 6233). These changes are necessary

to ensure that all policies, programs and projects embodied

in last year's long-term highway, transit, and highway safety

authorization bill are implemented as intended by the

Congress.

On September 14, 2006 the House passed H. Res. 1000,

instituting a new standing order of the House with regard to

earmarks in authorization, appropriations, and tax measures.

H. Res. 1000 provides that, in order to consider a bill, the

committee of jurisdiction must list all earmarks included in

the bill and committee report along with the names of Members

requesting the earmarks.

The bi-partisan bill that I introduced yesterday has not

been reported by the Committee, so there is no report or list

of earmarks. In reading the standing order, I concluded that

the requirement that a list appear with this bill does not

apply because the point of order described in section 1(c) of

H. Res. 1000 does not lie against a bill considered under

suspension of the rules. I intend to move to suspend the

rules of the House to pass H.R. 6233.

This bill does not increase the amount of funding that is

designated for projects in SAFETEA: LU. There are changes to

the descriptions of projects that are currently in SAFETEA:

LU and there are some projects to replace projects in

SAFETEA: LU that cannot be executed or implemented. In this

correction bill, however, the total amount of funding

designated for projects is identical to the amount that was

designated in SAFETEA: LU.

Where this bill does provide funding (which is offset by a

rescission of contract authority), the legislative sections

providing such funding do not meet the earmarking definition,

because no entity is named as the intended recipient of the

funds. Where this bill does designate specific entities, or

amend underlying project designations in SAFETEA: LU, it does

not provide new funding. In addition this bill provides for

no new outlays. In fact, the Congressional Budget Office has

scored the bill as reducing contract authority by $4 million

over five years.

Thank you for your consideration of this matter.

Sincerely,

Don Young,

Chairman

Rep. Peter A. DeFazioD-OR-4 · Sep 29, 2006

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6233, a bill to make technical corrections to the Safe, Accountable, Flexible Efficient Transportation…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 6233, a bill to make technical corrections to the Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users, SAFETEA-LU.

I want to thank my colleagues on the committee and particularly the leadership on the committee, Chairman Young; subcommittee chairman, Mr. Petri; the ranking member, Mr. Oberstar; the staff who did tremendous work on this bill which became law just a little over a year ago.

It is a tremendous investment in the future of our Nation in terms of improving the infrastructure to mitigate for congestion, dealing with ongoing problems with maintenance of the existing structure. In particular in my State, a substantial amount of funds will be applied to fix cracked bridges on the Interstate 5 system, a life-blood system which serves the entire west coast of the United States.

The bill had, as any major bill does, a few inadvertent drafting errors, probably due to the Senate, and some legislative language that needed some minor change.

In particular, there was a problem with funding for the Service Transportation Research Development and Deployment Account, that the funding was oversubscribed. It meant that the Federal Highway Administration would not have been able to continue its legacy research program, which is an extraordinarily important program that looks at activities, including the Biannual Conditions and Performance Report, an objective appraisal of highway bridge, transit finance, physical condition, operational performance and future investment requirements, information that will be absolutely critical as we move forward toward the next major Surface Transportation Act in the not-too-distant future.

So the bill is otherwise a straightforward technical correction, without additions. I would recommend it to my colleagues.

Mr. Speaker, I yield such time as he may consume to the gentleman from Minnesota (Mr. Oberstar).

Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

Show 4 more

Rep. Thomas E. PetriR-WI-6 · Sep 29, 2006

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6233) to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections,…

Rep. Don YoungR-AK · Jun 28, 2006

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5689) to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections,…

Rep. James L. OberstarD-MN-8 · Jun 28, 2006

Mr. Speaker, I yield myself such time as I may consume. This legislation simply corrects a number of oversights and drafting errors, technical mistakes made in the Safe, Accountable, Flexible,…

Rep. Peter A. DeFazioD-OR-4 · Jun 28, 2006

I thank the ranking member. I thank the chairman for bringing this bill forward with such dispatch. The bill, as the chairman has stated, has no budgetary impact. It makes other technical…

Bill Text

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Reported to SenateIssued September 14, 2006

Calendar No. 612

109th CONGRESS

2d Session

H. R. 5689

IN THE SENATE OF THE UNITED STATES

June 29, 2006

Received; read twice and referred to the Committee on Environment and Public Works

September 14, 2006

Reported by Mr. Inhofe, with an amendment

Strike out all after the enacting clause and insert the part printed in italic

AN ACT

To amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes.

Surface transportation technical corrections

(a)

Correction of Internal References in Disadvantaged Business Enterprises

Section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1156) is amended in each of paragraphs (3)(A) and (5) by striking (1) each place it appears and inserting (2).

(b)

Technical Correction of Distribution of Obligation Authority

Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1158) is amended by striking among the States.

(c)

Correction of Description of National Corridor Infrastructure Improvement Project

Item number 1 of the table contained in section 1302(e) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1205) is amended by inserting LA, after TX, in the listing of States.

(d)

Correction of Interstate Route 376 High-Priority Designation

(1)

Section 1105(c)(79) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is amended by striking and on United States Route 422.

(2)

Section 1105(e)(5)(B)(i)(I) of such Act (105 Stat. 2033; 119 Stat. 1213) is amended by striking and United States Route 422.

(e)

Correction of Amendment to Advance Construction

Section 115 of title 23, United States Code, is amended by redesignating subsection (d) as subsection (c).

(f)

Correction of Amendment to Move and Redesignate Infrastructure Finance Section

Section 1602(d)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1247) is amended by striking through 189 as sections 601 through 609, respectively and inserting through 190 as sections 601 through 610, respectively.

(g)

Correction to Add Definition for Transportation Systems Management and Operations

Section 101(a) of title 23, United States Code, is amended by adding at the end the following:

(39)

Transportation systems management and operations

(A)

In general

The term transportation systems management and operations means an integrated program to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system.

(B)

Inclusions

The term transportation systems management and operations includes—

(i)

regional operations collaboration and coordination activities between transportation and public safety agencies; and

(ii)

improvements to the transportation system such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.

(h)

Corrections to Reference in Apportionment of Highway Safety Improvement Program Funds

Section 104(b)(5)(A)(iii) of title 23, United States Code, is amended by striking the Federal-aid system each place it appears and inserting Federal-aid highways.

(i)

Transfer of Unused Protective-Device Funds to Other Highway Safety Improvement Program Projects

Section 130(e)(2) of title 23, United States Code, is amended by striking purposes under this subsection and inserting highway safety improvement program purposes.

(j)

Correction of National Scenic Byways Program Coverage

Section 162 of title 23, United States Code, is amended—

(1)

in subsection (a)(3)(B) by striking a National Scenic Byway under subparagraph (A) and inserting a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1); and

(2)

in subsection (c)(3) by striking or All-American Road each place it appears and inserting All-American Road, or one of America’s Byways.

(k)

Correction of Reference in Toll Provision

Section 166(b)(5)(C) of title 23, United States Code, is amended by striking paragraph (3) and inserting paragraph (4).

(l)

Correction of Recreational Trails Program Apportionment Exceptions

Section 206(d)(3)(A) of title 23, United States Code, is amended by striking (B), (C), and (D) and inserting (B) and (C).

(m)

Correction of Miscellaneous Typographical Errors

(1)

Section 1401 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1226) is amended by redesignating subsections (d) and (e) as subsections (c) and (d), respectively.

(2)

Section 1404(f)(2)(A) of such Act (119 Stat. 1229) is amended—

(A)

by striking the comma after training; and

(B)

by striking the comma after volunteers.

Nonmotorized transportation pilot program

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

Going-to-the-sun Road

Section 1940 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1511) is amended—

(1)

in subsection (a)—

(A)

by striking paragraphs (1) and (2);

(B)

by redesignating paragraphs (3) through (5) as paragraphs (1) through (3), respectively; and

(C)

by striking $10,000,000 each place that it appears and inserting $16,666,666; and

(2)

by adding at the end the following:

(c)

Contract Authority

Except as otherwise provided in this section, funds authorized to be appropriated under this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

Surface transportation program

Section 1108(f)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 133 note; 112 Stat. 140) is amended by striking 2003 and inserting 2009.

Maglev

(a)

Funding

Section 1101(a)(18) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1155) is amended—

(1)

by striking subparagraphs (A) and (B) and inserting the following:

(A)

$20,000,000 for fiscal year 2007; and

(B)

$35,000,000 for each of fiscal years 2008 and 2009.

(b)

Contract Authority

Section 1307 of such Act (119 Stat. 1217) is amended by adding at the end the following:

(e)

Contract Authority

Funds authorized under section 1101(a)(18) of this Act 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 such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project under this section shall be determined in accordance with sections 120(b) and 120(c) of such title.

Definition of repeat intoxicated driver law

Section 164(a)(5)(A) of title 23, United States Code, is amended to read as follows:

(A)

receive (i) a driver’s license suspension for not less than 1 year, or (ii) a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the propose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;

Highway Safety

(a)

State Minimum Apportionments for Highway Safety Programs

Section 402(c) of the title 23, United States Code, is amended by striking The annual apportionment to each State shall not be less than one-half of 1 per centum and inserting The annual apportionment to each State shall not be less than three-quarters of 1 percent.

(b)

Technical Corrections

(1)

Section 2002(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1521) is amended—

(A)

by striking paragraph (2); and

(B)

by redesignating paragraphs (3) and (4) as (2) and (3), respectively.

(2)

Section 2007(b)(1) of such Act (119 Stat. 1529) is amended—

(A)

by inserting and after the semicolon at the end of subparagraph (A);

(B)

by striking and at the end of subparagraph (B); and

(C)

by striking subparagraph (C).

(3)

Effective August 10, 2005, section 410(c)(7)(B) of title 23, United States Code, is amended by striking clause (i) and inserting clauses (i) and (ii).

(4)

Section 411 of title 23, United States Code, is amended by redesignating the second subsection (c), relating to administration expenses, and subsection (d) as subsections (d) and (e), respectively.

Project authorizations

The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended—

(1)

in item numbers 959 and 3327 by striking Northern Section,;

(2)

in item number 983 by striking the project description and inserting Land acquisition for Highway Mitigation in Cecil, Kent, Queen Annes, and Worcester Counties;

(3)

in item number 3410 by striking the project description and inserting Construct eligible sound walls on I–65 between Old Hickory Blvd. and Harding Place in Davidson County;

(4)

in item number 3631 by striking the project description and inserting Reconstruct or modify the existing 5th Street Bridge and railroad trestle to provide a 4–lane crossing of the Feather River between Yuba City and Marysville as well as providing improvements to connector roads from east and west;

(5)

in item number 3219 by striking Forest and inserting Warren;

(6)

in item number 770 by striking the project description and inserting Improve existing Horns Hill Road in North Newark, Ohio, from Waterworks Road to Licking Springs Road;

(7)

in item number 2698 by striking the project description and inserting I–95/Ellis Road and between Grant Road and Micco Road, Interchange Justification Reports, Brevard, FL;

(8)

in item number 2234 by striking the project description and inserting North Atherton Signal Coordination Project in Centre County, PA;

(9)

in item number 1852 by striking Milepost 9.3 and inserting Milepost 24.3;

(10)

in item number 3397 by striking the project description and inserting Cathodic Bridge Protection, allow the Virginia Department of Transportation (VDOT) to select the bridge or bridges that VDOT considers appropriate for cathodic bridge protection modification;

(11)

in item number 1210 by striking the project description and inserting Town of New Windsor Riley Road and Shore Drive;

(12)

in item number 3673 by striking the project description and inserting Ketchikan: Improve marine dry-dock and facilities;

(13)

in item number 1575 by striking the project description and inserting Highway and road signage, and traffic signal synchronization and upgrades, in Shippensburg Boro, Shippensburg Township, and surrounding municipalities;

(14)

in item number 3255 by striking the project description and inserting Facility acquisition, road construction, and other transportation enhancement related improvements in the Northwest Triangle Redevelopment Area in the city of York, PA;

(15)

in item number 655 by inserting , safety improvement construction, after Environmental studies;

(16)

in item numbers 1926 and 2893 by striking the project description and inserting Grading, paving, roads, and the transfer of rail-to-truck for the intermodal facility at Rickenbacker Airport, Columbus, Ohio;

(17)

by striking item number 2031;

(18)

in item number 3327 by striking $1,600,000 and inserting $2,400,000;

(19)

by striking item number 2800;

(20)

in item number 1487 by striking $800,000 and inserting $1,600,000;

(21)

by striking item number 61;

(22)

in item number 128 by striking $2,400,000 and inserting $4,800,000;

(23)

by striking item number 248;

(24)

in item number 240 by striking $800,000 and inserting $2,400,000;

(25)

in item number 34 by striking the project description and inserting Removal and Reconfiguration of Interstate Ramps- I–40, Memphis;

(26)

in item number 87 by striking the project description and inserting M–291 Highway Outer Road Improvement Project;

(27)

in item number 193 by striking the project description and inserting Improvements to or access to Route 108 to enhance access to the business park near Rumford;

(28)

in item number 259 by striking the project description and inserting Corridor study, EIS, and ROW acquisition for a bridge from east of the Crow Wing Highway 3 bridge crossing the Mississippi River in Brainerd to west of the Minnesota State Highway 6 bridge crossing the Mississippi River north of Crosby;

(29)

in item number 463 by striking Cookeville and inserting Putnam County;

(30)

in item number 590 by inserting , including after Safety;

(31)

in item number 595 by striking Street Closure at and inserting Transportation Improvement Project near;

(32)

in item number 649 by striking the project description and inserting Construction and enhancement of the Fillmore Avenue Corridor, Buffalo;

(33)

in item number 881 by striking the project description and inserting Pedestrian Safety Improvements near North Atlantic Boulevard, Monterey Park;

(34)

in item number 1039 by striking the project description and inserting Widen State Route 98, including storm drain developments, from D. Navarro Avenue to State Route 111;

(35)

in item number 1124 by striking bridge over Stillwater River, Orono and by inserting routes;

(36)

in item number 1206 by striking Pleasantville and inserting Briarcliff Manor;

(37)

in item number 1281 by striking the project description and inserting Upgrade roads in Attala County District 4 (Roads 4211 and 4204), Kosciusko, Ward 2, and Ethel, Attala County;

(38)

in item number 1639 by striking the project description and inserting Operational and highway safety improvements on Hwy 94 between the 20 mile marker post in Jamul and Hwy 188 in Tecate;

(39)

in item number 1810 by striking the project description and inserting Design, engineering, ROW acquisition, construction, and construction engineering for the reconstruction of06TH 95, from 12th Avenue to CSAH 13, including bridge and approaches, ramps, intersecting roadways, signals, turn lanes, and multi-use trail, North Branch;

(40)

in item number 1933 by striking the project description and by inserting Enhance Byzantine Latino Quarter transit plazas at Normandie and Pico, and Hoover and Pico, Los Angeles, by improving streetscapes, including expanding concrete and paving;

(41)

in item number 2375 by inserting , including streets after Astoria;

(42)

in item number 2482 by striking Country and inserting County;

(43)

in item number 2663 by striking the project description and inserting Rosemead Boulevard safety enhancement and beautification, Temple City;

(44)

in item number 2826 by striking State Street and Cajon Boulevard and inserting Palm Avenue;

(45)

in item number 2931 by striking Frazho Road and inserting Martin Road;

(46)

in item number 3014 by inserting , including after Safety;

(47)

in item number 3078 by striking the project description and inserting US 2/Sultan Basin Road Improvements in Sultan;

(48)

in item number 3174 by striking the project description and inserting Improving Outer Harbor access through planning, design, construction, and relocations of Southtowns Connector–NY Route 5, Fuhrmann Boulevard, and a bridge connecting the Outer Harbor to downtown Buffalo at the Inner Harbor;

(49)

in item number 3254 by striking the project description and inserting Reconstruct PA Route 274/34 Corridor, Perry County;

(50)

in item number 3456 by striking the project description and by inserting Phase II/part I project–Elizabeth Ave. in Coleraine to 0.2 Miles West of CSAH 15 (2.9 miles);

(51)

in item number 3537 by inserting and the study of alternatives along the North South Corridor, after Valley;

(52)

in item number 3582 by striking the project description and inserting Improving Outer Harbor access through planning, design, construction, and relocations of Southtowns Connector–NY Route 5, Fuhrmann Boulevard, and a bridge connecting the Outer Harbor to downtown Buffalo at the Inner Harbor;

(53)

in item number 2015 by striking the project description and inserting Heidelberg Borough/Scott Township/Carnegie Borough for design, engineering, acquisition, and construction of streetscaping enhancements, paving, lighting and safety upgrades, and parking improvements;

(54)

in item number 154 by striking Virginia and inserting Eveleth;

(55)

in item number 277 by striking the project description and inserting Construct connector road from Rushing Drive North to Grand Ave., Williamson County;

(56)

in item number 314 by striking the project description and amount and inserting Streetscape/landscape enhancements, traffic calming, and improvements to traffic flow in the Las Olas Boulevard, Ft. Lauderdale and $610,000, respectively;

(57)

in item number 3632 by striking the State, project description, and amount and inserting FL, Pine Island Road Pedestrian Overpass, City of Tamarac, and $610,000, respectively; and

(58)

in item number 3634 by striking the State, project description, and amount and inserting FL, West Avenue Bridge, City of Miami Beach, and $620,000, respectively.

Buy America

Section 1928 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1484) is amended—

(1)

by inserting after paragraph (1) the following:

(2)

the Federal Highway Administration’s current application of the Buy America test is only applied to components or parts of a bridge project and not the entire bridge project and this is inconsistent with this sense of Congress;

; and

(2)

by redesignating paragraphs (2), (3), (4), and (5) as (3), (4), (5), and (6), respectively.

10.

Correction of Interstate and nhs designations

(a)

Treatment

Section 1908(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1469) is amended by striking paragraph (3).

(b)

National Highway System

Section 1908(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1470) is amended by striking from the Arkansas State line and inserting from Interstate Route 540.

11.

Transit technical corrections

(a)

Section 5302

Section 5302(a)(10) of title 49, United States Code, is amended by striking charter, and inserting charter, sightseeing,.

(b)

Section 5307

Section 5307(b) of such title is amended—

(1)

in paragraph (2)(A) by striking mass transportation and inserting public transportation; and

(2)

in paragraph (3) by striking section 5305(a) and inserting section 5303(k).

(c)

Section 5309

Section 5309(m) of such title is amended—

(1)

in the heading for paragraph (2)(A) by striking Major capital and inserting Capital; and

(2)

in paragraph (7)(B) by striking section 3039 and inserting section 3045.

(d)

Section 5311

Section 5311 of such title is amended—

(1)

in subsection (g)(1)(A) by striking for any purpose other than operating assistance and inserting for a capital project; and

(2)

in subsection (i)(1) by striking Sections 5323(a)(1)(D) and 5333(b) of this title apply and inserting Section 5333(b) applies.

(e)

Section 5312

The heading for section 5312(c) of such title is amended by striking Mass Transportation and inserting Public Transportation.

(f)

Section 5314

Section 5314(a)(3) is amended by striking section 5323(a)(1)(D) and inserting section 5333(b).

(g)

Section 5319

Section 5319 of such title is amended by striking section 5307(k) and inserting section 5307(d)(1)(K).

(h)

Section 5320

Section 5320(a)(1)(A) of such title is amended by striking intra—agency and inserting intraagency.

(i)

Section 5323

Section 5323(n) of such title is amended by striking section 5336(e)(2) and inserting section 5336(d)(2).

(j)

Section 5336

(1)

Apportionments of formula grants

Section 5336 of such title is amended—

(A)

in subsection (a) by striking Of the amount and all that follows before paragraph (1) and inserting Of the amount apportioned under subsection (i)(2) to carry out section 5307—;

(B)

in subsection (d)(1) by striking subsections (a) and (h)(2) of section 5338 and inserting subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338; and

(C)

by redesignating subsection (c), as added by section 3034(c) of Public Law 109–59 (119 Stat. 1628), as subsection (k).

(2)

Technical amendments

Effective August 10, 2005, section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is amended by striking paragraph (2) and inserting subsection (a)(2).

(k)

Section 5337

Section 5337(a) of title 49, United States Code, is amended by striking for each of fiscal years 1998 through 2003 and inserting for each of fiscal years 2005 through 2009.

(l)

Section 5338

Section 5338(d)(1)(B) of such title is amended by striking section 5315(a)(16) and inserting section 5315(b)(2)(P).

(m)

SAFETEA–LU

(1)

Section 3040

Section 3040(4) of the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (119 Stat. 1639) is amended by striking $7,871,895,000 and inserting $7,872,893,000.

(2)

Section 3043

Section 3043(c)(217) of such Act (119 Stat.1648) is amended by striking San Diego and inserting San Diego Transit.

(3)

Section 3044

(A)

Projects

The table contained in section 3044(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1652) is amended—

(i)

in item number 36 by striking the project description and inserting 36. Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area;

(ii)

in item number 94 by striking the project description and inserting 94. Pacific Transit, WA Vehicle Replacement;

(iii)

in item number 361 by striking Roanoke Railway and Link Passenger facility and inserting Intermodal Facility; and

(iv)

in item number 416 by striking Improve marine intermodal and inserting Improve marine dry-dock and.

(B)

Special rule

Section 3044(c) of such Act (119 Stat. 1705) is amended—

(i)

by inserting , or other entity, after State or local government authority; and

(ii)

by striking projects numbered 258 and 347 and inserting projects numbered 258, 347, and 411.

(4)

Section 3046

Section 3046(a)(7) of such Act (119 Stat. 1708) is amended—

(A)

by striking hydrogen fuel cell vehicles and inserting hydrogen fueled vehicles;

(B)

by striking hydrogen fuel cell employee shuttle vans and inserting hydrogen fueled employee shuttle vans; and

(C)

by striking in Allentown, Pennsylvania and inserting to the DaVinci Center in Allentown, Pennsylvania.

12.

Transportation improvements

Item number 436 of the table contained in section 1934(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1485) is amended by inserting , Saole, after Sua.

13.

Technical amendments relating to motor carrier Safety

(a)

Conforming Amendment Relating to High-Priority Activities

Section 31104 (f) of title 49, United States Code, is amended by striking the designation and heading for paragraph (1) and by striking paragraph (2).

(b)

New Entrant Audits

(1)

Corrections of references

Section 4107(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1720) is amended—

(A)

by striking Section 31104 and inserting Section 31144; and

(B)

in paragraph (2) by inserting (c) after the second subsection.

(2)

Conforming amendment

Section 7112 of such Act (119 Stat. 1899) is amended by striking subsection (c).

(c)

Prohibited Transportation

Section 4114(c)(1) of the such Act (119 Stat. 1726) is amended by striking the second subsection (c) and inserting (f).

(d)

Effective Date Relating to Medical Examiners

Section 4116(f) of such Act (119 Stat. 1728) is amended by striking amendment made by subsection (a) and inserting amendments made by subsections (a) and (b).

(e)

Roadability Technical Correction

Section 31151(a)(3)(E)(ii) of title 49, United States Code, is amended by striking Act and inserting section.

(f)

Correction of Subsection Reference

Section 4121 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1734) is amended by striking 31139(f)(5) and inserting 31139(g)(5).

(g)

CDL Learner’s Permit Program Technical Correction

Section 4122(2)(A) of such Act (119 Stat. 1734) is amended by striking license and inserting licenses.

(h)

CDL Information System Funding Reference

Section 31309(f) of title 49, United States Code, is amended by striking 31318 and inserting 31313.

(i)

Clarification of Reference

Section 229(a)(1) of the Federal Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note; 119 Stat. 1743) is amended by inserting of title 49, United States Code, after 31502.

(j)

Registration of Brokers

Section 4142(c)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1747) is amended by inserting each place it appears before the semicolon.

(k)

Redesignation of Section

The second section 39 of chapter 2 of title 18, United States Code, relating to commercial motor vehicles required to stop for inspections, and the item relating to such section in the analysis for such chapter, are redesignated as section 40.

(l)

Office of Intermodalism

Section 5503 of title 49, United States Code, is amended—

(1)

in subsection (f)(2) by striking Surface Transportation Safety Improvement Act of 2005, and inserting Motor Carrier Safety Reauthorization Act of 2005; and

(2)

by redesignating the first subsection (h), relating to authorization of appropriations, as subsection (i) and moving it after the second subsection (h).

(m)

Use of Fees for Unified Carrier Registration System

Section 13908 of title 49, United States Code, is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following:

(e)

Use of Fees for Unified Carrier Registration System

Fees collected under this section may be credited to the Department of Transportation appropriations account for purposes for which such fees are collected and shall be available for expenditure for such purposes until expended.

(n)

Commercial Motor Vehicle Definition

Section 14504a(a)(1)(B) of title 49, United States Code, is amended by striking a motor carrier required to make any filing or pay any fee to a State with respect to the motor carrier’s authority or insurance related to operation within such State, the motor carrier and inserting determining the size of a motor carrier or motor private carrier’s fleet in calculating the fee to be paid by a motor carrier or motor private carrier pursuant to subsection (f)(1), the motor carrier or motor private carrier.

(o)

Clarification of Unreasonable Burden

Section 14504a(c)(2) of title 49, United States Code, is amended by striking interstate the last place it appears and inserting intrastate.

(p)

Contents of Agreement Typo

Section 14504a(f)(1)(A)(ii) of title 49, United States Code, is amended by striking or the last place it appears.

(q)

Other Unified Carrier Registration System Technical Corrections

Section 14504a of title 49, United States Code, is amended—

(1)

in subsection (c)(1)(B) by striking the a and inserting a; and

(2)

in subsection (f)(1)(i) by striking in connection with the filing of proof of financial responsibility.

14.

Highway research funding

(a)

F-SHRP Funding

Notwithstanding any other provision of law, for each of fiscal years 2006 through 2009, whenever an apportionment is made of the sums authorized to be appropriated for the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, the Interstate maintenance program, the bridge program, and the highway safety improvement program, the Secretary of Transportation shall deduct from each of such sums an amount not to exceed 0.205 percent of each such sum and shall transfer the amount so deducted, and make such amount available, to carry out section 510 of title 23, United States Code.

(b)

Conforming Amendments

(1)

Section 5101(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1179) is amended by striking 509, and 510 and inserting and 509.

(2)

Section 5210 of such Act (119 Stat. 1804) is amended—

(A)

by striking subsection (c); and

(B)

by redesignating subsection (d) as subsection (c).

(c)

Contract Authority

Funds made available under this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of such title, except that the Federal share shall be determined under section 510(f) of title 23, United States Code.

(d)

Applicability of Obligation Limitation

Funds made available under this section shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs in section 1102 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 104 note; 119 Stat. 1157) or any other Act.

(e)

Equity Bonus Formula

Notwithstanding any other provision of law, in allocating funds for the equity bonus program under section 105 of title 23, United States Code, for each of fiscal years 2006 through 2009, the Secretary of Transportation shall make the required calculations under such section as if this section had not been enacted.

(f)

Funding for Research Activities

Of the amount made available by section 5101(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1779), at least $1,000,000 shall be made available for each of fiscal years 2006 through 2009 to carry out section 502(h) of title 23, United States Code, and at least $4,900,000 shall be made available for each of fiscal years 2006 through 2009 to carry out section 502(i) of such title.

(g)

Technical Amendments

(1)

Section 502 of title 23, United States Code, is amended by striking the first subsection (h), relating to infrastructure investment needs reports beginning with the report for January 31, 1999.

(2)

Section 5512(a)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1829) is amended by striking Program appreciation.— and inserting Program application.—.

15.

Research technical corrections

(a)

University Transportation Research Grants

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

(b)

University Transportation Research Funding

Section 5101(a)(4) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1779) is amended by striking $69,700,000 and all that follows through 2009 and inserting $40,400,000 for fiscal year 2005, $76,400,000 for each of fiscal years 2006 through 2008, and $78,900,000 for fiscal year 2009.

16.

Technical amendments relating to hazardous materials transportation

(a)

Definition of Hazmat Employees

Section 7102(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1982) is amended—

(1)

by striking (3)(A) and inserting (3);

(2)

in subparagraph (A) by striking clause (i) and inserting clause (i) of subparagraph (A); and

(3)

in subparagraph (B) by striking clause (ii) and inserting subparagraph (A)(ii).

(b)

Technical Correction

Section 5103a(g)(1)(B)(ii) of title 49, United States Code, is amended by striking Act and inserting subsection.

(c)

Relationship to Other Laws

Section 7124(3) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1908) is amended by inserting the first place it appears before and inserting.

(d)

Section Heading

Section 5128 of title 49, United States Code, is amended by striking the section designation and heading and inserting the following:

5128.

Authorization of appropriations

(e)

Chapter Analysis

The analysis for chapter 57 of title 49, United States Code, is amended in the item relating to section 5701 by striking Transportation and inserting transportation.

(f)

Norman Y. Mineta Research and Special Programs Improvement Act

Section 5(b) of the Norman Y. Mineta Research and Special Programs Improvement Act (49 U.S.C. 108 note; 118 Stat. 2427) is amended by inserting (including delegations by the Secretary of Transportation) after All orders.

17.

Rescission

Section 10212 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1937) is amended by striking $8,543,000,000 each place it appears and inserting $8,713,000,000.

18.

Effective date

This Act and the amendments made by this Act shall take effect on the date of enactment of this Act; except that the amendments made by this Act (other than sections 8, 11(m), and 12) to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59) and the amendment made by section 13(a) of this Act shall take effect simultaneously with the enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. For purposes of all Federal laws, the amendments made by this Act (other than sections 8, 11(m), and 12) to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users shall be treated as being included in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users at the time of the enactment of such Act, and the provisions of such Act (including the amendments made by such Act) (as in effect on the day before the date of enactment of this Act) that are amended by this Act (other than sections 8, 11(m), and 12) shall be treated as not being enacted.

Surface transportation technical corrections

(a)

Correction of internal references in disadvantaged business enterprises

Paragraphs (3)(A) and (5) of section 1101(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1156) are amended by striking paragraph (1) each place it appears and inserting paragraph (2).

(b)

Correction of distribution of obligation authority

Section 1102(c)(5) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1158) is amended by striking among the States.

(c)

Correction of Federal lands highways

Section 1119 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1190) is amended by striking subsection (m) and inserting the following:

(m)

Forest roads

Of the amounts made available for public lands highways under section 1101, there shall be made available to the Secretary of Agriculture—

(1)

not more than $20,000,000 for each fiscal year for maintenance of forest roads;

(2)

not more than $1,000,000 for each fiscal year for signage identifying public hunting and fishing access; and

(3)

not more than $10,000,000 for each fiscal year to pay the costs of facilitating the passage of aquatic species beneath forest roads in the National Forest System, including the costs of constructing, maintaining, replacing, and removing culverts and bridges, as appropriate.

(d)

Correction of description of national corridor infrastructure improvement project

The item numbered 1 of the table contained in section 1302(e) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1205) is amended in the second column by inserting LA, after TX, in the listing of States.

(e)

Correction of Interstate Route 376 high priority designation

(1)

In general

Section 1105(c)(79) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1213) is amended by striking and on United States Route 422.

(2)

Conforming amendment

Section 1105(e)(5)(B)(i)(I) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033; 119 Stat. 1213) is amended by striking and United States Route 422.

(f)

Correction of infrastructure finance section

(g)

Correction of project Federal share

Section 1964(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1519) is amended—

(1)

by striking only for the States of Alaska, Montana, Nevada, North Dakota, Oregon, and South Dakota,; and

(2)

by striking section 120(b) and inserting section 120.

(h)

Correction to add definition for transportation systems management and operations

Section 101(a) of title 23, United States Code, is amended—

(1)

by redesignating paragraphs (1) through (38) as paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), (36), (38), (39), and (1), respectively, and moving the paragraphs so as to appear in numerical order; and

(2)

by inserting after paragraph (36) (as redesignated by paragraph (1)) the following:

(37)

Transportation systems management and operations

(A)

In general

(B)

Inclusions

The term transportation systems management and operations includes—

(i)

regional operations collaboration and coordination activities between transportation and public safety agencies; and

(ii)

improvements, such as traffic detection and surveillance, arterial management, freeway management, demand management, work zone management, emergency management, electronic toll collection, automated enforcement, traffic incident management, roadway weather management, traveler information services, commercial vehicle operations, traffic control, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations.

(i)

Correction of reference in apportionment of highway safety improvement program funds

Section 104(b)(5)(A)(iii) of title 23, United States Code, is amended by striking the Federal-aid system each place it appears and inserting Federal-aid highways.

(j)

Correction of amendment to advance construction

Section 115 of title 23, United States Code, is amended by redesignating subsection (d) as subsection (c).

(k)

Correction of maintenance

Section 116 of title 23, United States Code, is amended—

(1)

in subsection (a), by striking the second sentence; and

(2)

in subsection (b), by striking on the Federal-aid secondary system, or within a municipality and inserting under this title.

(l)

Correction of high priority projects

Section 117 of title 23, United States Code, is amended—

(1)

by redesignating subsections (d) through (h) as subsections (e) through (i), respectively;

(2)

by redesignating the second subsection (c) (relating to Federal share) as subsection (d); and

(3)

in subsection (a)(2)—

(A)

in subparagraph (A), by inserting (112 Stat. 257) after 21st Century; and

(B)

in subparagraph (B)—

(i)

by striking subsection (b) and inserting subsection (c); and

(ii)

by striking SAFETEA–LU and inserting Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256).

(m)

Correction of transfer of unused protective-device funds to other highway safety improvement program projects

Section 130(e)(2) of title 23, United States Code, is amended by striking purposes under this subsection and inserting highway safety improvement program purposes.

(n)

Correction of payments on Federal-aid projects by Federal agencies

Section 132 of title 23, United States Code, is amended by adding at the end the following:

(d)

Administration

Funds transferred, deposited, or paid to a Federal agency pursuant to this section shall be administered in accordance with the procedures of the Federal agency receiving the funds, except that—

(1)

the original period of availability of the funds and associated obligation limitation and the original Federal share requirements shall apply; and

(2)

the funds shall be used for the same purpose for which the funds were authorized.

(o)

Correction of highway bridge program

(1)

In general

Section 144 of title 23, United States Code, is amended—

(A)

in the section heading, by striking replacement and rehabilitation;

(B)

in subsections (b), (c)(1), and (e), by striking Federal-aid system each place it appears and inserting Federal-aid highway;

(C)

in subsections (c)(2) and (o), by striking the Federal-aid system each place it appears and inserting Federal-aid highways;

(D)

in paragraph (4) of subsection (d), in the paragraph heading, by inserting systematic before preventative;

(E)

in subsection (e), by striking off-system bridges each place it appears and inserting bridges not on Federal-aid highways;

(F)

by striking subsection (f);

(G)

by redesignating subsections (g) through (s) as subsections (f) through (r), respectively;

(H)

in paragraph (2) of subsection (f) (as redesignated by subparagraph (G)), by striking the paragraph heading and inserting Bridges not on Federal-aid highways;

(I)

in subsection (m) (as redesignated by subparagraph (G)), by striking the subsection heading and inserting Program for bridges not on Federal-aid highways; and

(J)

in subsection (n)(4)(B) (as redesignated by subparagraph (G)), by striking State highway agency and inserting State transportation department.

(2)

Conforming amendments

(A)

Equity bonus program

Subsections (a)(2)(C) and (b)(2)(C) of section 105 of title 23, United States Code, are amended by striking replacement and rehabilitation each place it appears.

(B)

Analysis

The analysis for chapter 1 of title 23, United States Code, is amended in the item relating to section 144 by striking replacement and rehabilitation.

(p)

Correction of National Scenic Byways program coverage

Section 162 of title 23, United States Code, is amended—

(1)

in subsection (a)(3)(B) by striking a National Scenic Byway under subparagraph (A) and inserting a National Scenic Byway, an All-American Road, or one of America’s Byways under paragraph (1); and

(2)

in subsection (c)(3) by striking or All-American Road each place it appears and inserting All-American Road, or 1 of America’s Byways.

(q)

Correction of reference in toll provision

Section 166(b)(5)(C) of title 23, United States Code, is amended by striking paragraph (3) and inserting paragraph (4).

(r)

Correction of recreational trails program apportionment exceptions

Section 206(d)(3)(A) of title 23, United States Code, is amended by striking (B), (C), and (D) and inserting (B) and (C).

(s)

Correction of infrastructure finance

Section 601(a)(3) of title 23, United States Code, is amended by inserting bbb minus, BBB (low), after Baa3.

(t)

Correction of miscellaneous typographical errors

(1)

(2)

Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1229) is amended—

(A)

in subsection (e), by inserting tribal, after local,; and

(B)

in subsection (f)(2)(A)—

(i)

by striking the comma after training; and

(ii)

by striking the comma after volunteers.

(3)

Section 10211(b)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1937) is amended by striking plan administer and inserting plan and administer.

(4)

Section 10212(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1937) is amended—

(A)

by inserting equity bonus, after minimum guarantee,;

(B)

by striking freight intermodal connectors and inserting railway-highway crossings; and

(C)

by striking high risk rural road,.

MAGLEV

(a)

Funding

Section 1101(a)(18) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1155) is amended by striking subparagraphs (A) and (B) and inserting the following:

(A)

$20,000,000 for fiscal year 2007; and

(B)

$35,000,000 for each of fiscal years 2008 and 2009.

(b)

Contract Authority

Section 1307 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1217) is amended by adding at the end the following:

(e)

Contract Authority

Funds authorized under section 1101(a)(18) shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that—

(1)

the funds shall not be transferable and shall remain available until expended; and

(2)

the Federal share of the cost of a project under this section shall be determined in accordance with sections 120(b) and 120(c) of that title.

Projects of national and regional significance

The item numbered 22 of the table contained in section 1301(m) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1204) is amended by striking Improvements to I–80, Monroe County, PA and inserting Redesign and reconstruction of interchanges 298 and 299 of I–80 and related improvements to other roads in the vicinity, notwithstanding any applicable functional classification, Monroe County.

Project authorizations

(a)

In general

The table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) is amended—

(1)

in the item numbered 34, by striking the project description and inserting Removal and Reconfiguration of Interstate ramps, I–40, Memphis;

(2)

by striking the item numbered 61;

(3)

in the item numbered 87, by striking the project description and inserting M–291 highway outer road improvement project;

(4)

in the item numbered 128, by striking $2,400,000 and inserting $4,800,000;

(5)

in the item numbered 154, by striking Virginia and inserting Eveleth;

(6)

in the item numbered 193, by striking the project description and inserting Improvements to or access to Route 108 to enhance access to the business park near Rumford;

(7)

in the item numbered 240, by striking $800,000 and inserting $2,400,000;

(8)

by striking the item numbered 248;

(9)

in the item numbered 259, by striking the project description and inserting Corridor study, EIS, and ROW acquisition for a bridge from east of the Crow Wing Highway 3 bridge crossing the Mississippi River in Brainerd to west of the Minnesota State Highway 6 bridge crossing the Mississippi River north of Crosby;

(10)

in the item numbered 274, by striking the project description and inserting Intersection improvements at Belleville and Ecorse Roads and approach roadways, and widen Belleville Road from Ecorse to Tyler, Van Buren Township, Michigan;

(11)

in the item numbered 277, by striking the project description and inserting Construct connector road from Rushing Drive North to Grand Ave., Williamson County;

(12)

in the item numbered 314, by striking the project description and amount and inserting Streetscape/landscape enhancements, traffic calming, and improvements to traffic flow in the Las Olas Boulevard, Ft. Lauderdale and $610,000, respectively;

(13)

in the item numbered 395, by striking the project description and inserting Plan and construct interchange at I–65, from existing SR–109 to I–65;

(14)

in the item numbered 463, by striking Cookeville and inserting Putnam County;

(15)

in the item numbered 576, by striking the project description and inserting Design, right-of-way, and construction of Nebraska Highway 35 between Norfolk and South Sioux City, including an interchange at Milepost 1 on I–129;

(16)

in the item numbered 590, by inserting , including after Safety;

(17)

in the item numbered 595, by striking Street Closure at and inserting Transportation improvement project near;

(18)

in the item numbered 649, by striking the project description and inserting Construction and enhancement of the Fillmore Avenue Corridor, Buffalo;

(19)

in the item numbered 655, by inserting , safety improvement construction, after Environmental studies;

(20)

in the item numbered 676, by striking the project description and inserting St. Croix River crossing project, Wisconsin State Highway 64, St. Croix County, Wisconsin, to Minnesota State Highway 36, Washington County;

(21)

in the item numbered 770, by striking the project description and inserting Improve existing Horns Hill Road in North Newark, Ohio, from Waterworks Road to Licking Springs Road;

(22)

in the item numbered 777, by striking the project description and inserting Construct access from airport in Akutan;

(23)

in the item numbered 829, by striking the project description and inserting $400,000 to conduct New Bedford/Fairhaven Bridge modernization study; $1,000,000 to design and build New Bedford Business Park access road;

(24)

in the item numbered 881, by striking the project description and inserting Pedestrian safety improvements near North Atlantic Boulevard, Monterey Park;

(25)

in the item numbered 923, by striking the project description and inserting Improve safety of a horizontal curve on Clarksville St. 0.25 miles north of 275th Rd. in Grandview Township, Edgar County;

(26)

in the item numbered 947, by striking the project description and inserting Third East/West River Crossing, St. Lucie River;

(27)

in the items numbered 959 and 3327, by striking Northern Section, each place it appears;

(28)

in the item numbered 963, by striking the project description and inserting For engineering, right-of-way acquisition, and reconstruction of 2 existing lanes on Manhattan Road from Baseline Road to Route 53;

(29)

in the item numbered 983, by striking the project description and inserting Land acquisition for highway mitigation in Cecil, Kent, Queen Annes, and Worcester Counties;

(30)

in the item numbered 1004, by striking the project description and inserting Widen SR–71, from SR–35 and SR–338 to Macon Lane in Sevier County;

(31)

in the item numbered 1039, by striking the project description and inserting Widen State Route 98, including storm drain developments, from D. Navarro Avenue to State Route 111;

(32)

in the item numbered 1047, by striking the project description and inserting Bridge and road work at Little Susitna River Access road in Matanuska-Susitna Borough;

(33)

in the item numbered 1124, by striking bridge over Stillwater River, Orono and by inserting routes;

(34)

in the item numbered 1206, by striking Pleasantville and inserting Briarcliff Manor;

(35)

in the item numbered 1210, by striking the project description and inserting Town of New Windsor Riley Road and Shore Drive;

(36)

in the item numbered 1281, by striking the project description and inserting Upgrade roads in Attala County District 4 (Roads 4211 and 4204), Kosciusko, Ward 2, and Ethel, Attala County;

(37)

in the item numbered 1342, by striking the project description and inserting Construction of new freeway between I–15 and the San Bernardino County/Los Angeles County line, including the section between I–15 and U.S. 395 and a new interchange at I–15;

(38)

in the item numbered 1487, by striking $800,000 and inserting $1,600,000;

(39)

in the item numbered 1544, by striking the project description and inserting Plan, design, and purchase right-of-way for a 17th Street connector in the city of Sarasota;

(40)

in the item numbered 1575, by striking the project description and inserting Highway and road signage, and traffic signal synchronization and upgrades, in Shippensburg Boro, Shippensburg Township, and surrounding municipalities;

(41)

in the item numbered 1639, by striking the project description and inserting Project SR 94/SR 125 interchange and freeway widening, San Diego;

(42)

in the item numbered 1661, by striking the project description and inserting Sheldon West Extension in Matanuska-Susitna Borough;

(43)

in the item numbered 1810, by striking the project description and inserting Design, engineering, ROW acquisition, construction, and construction engineering for the reconstruction of TH 95, from 12th Avenue to CSAH 13, including bridge and approaches, ramps, intersecting roadways, signals, turn lanes, and multiuse trail, North Branch;

(44)

in the item numbered 1852, by striking Milepost 9.3 and inserting Milepost 24.3;

(45)

in the items numbered 1926 and 2893, by striking the project descriptions and inserting Construction of roads for an intermodal freight facility at Rickenbacker Facility, Columbus, Ohio;

(46)

in the item numbered 1933, by striking the project description and inserting Enhance Byzantine Latino Quarter transit plazas at Normandie and Pico, and Hoover and Pico, Los Angeles, by improving streetscapes, including expanding concrete and paving;

(47)

in the item numbered 1975, by striking the project description and inserting Point MacKenzie Access Road improvements in Matanuska-Susitna Borough;

(48)

in the item numbered 2015, by striking the project description and inserting Heidelberg Borough/Scott Township/Carnegie Borough for design, engineering, acquisition, and construction of streetscaping enhancements, paving, lighting and safety upgrades, and parking improvements;

(49)

by striking the item numbered 2031;

(50)

in the items numbered 2068 and 5026, by inserting and approaches after Virgin River each place it appears;

(51)

in the item numbered 2087, by striking the project description and inserting Railroad crossing improvement on Illinois Route 82 in Geneseo;

(52)

in the item numbered 2211, by striking the project description and inserting Construct road projects and transportation enhancements as part of or connected to RiverScape Phase III, Montgomery County, Ohio;

(53)

in the item numbered 2234, by striking the project description and inserting North Atherton Signal Coordination Project in Centre County;

(54)

in the item numbered 2316, by striking the project description and inserting Construct a new bridge at Indian Street, Martin County;

(55)

in the item numbered 2375, by inserting , including streets after Astoria;

(56)

in the item numbered 2482, by striking Country and inserting County;

(57)

in the item numbered 2663, by striking the project description and inserting Rosemead Boulevard safety enhancement and beautification, Temple City;

(58)

in the items numbered 2671 and 5032, by striking from 2 to 5 lanes and improve alignment within rights-of-way in St. George each place it appears and inserting , St. George;

(59)

in the item numbered 2698, by striking the project description and inserting I–95/Ellis Road and between Grant Road and Micco Road, Interchange Justification Reports, Brevard;

(60)

in the item numbered 2743, by striking the project description and inserting Improve safety of culvert replacement on 250th Rd. between 460th St. and Cty Hwy 20 in Grandview Township, Edgar County;

(61)

by striking the item numbered 2800;

(62)

in the item numbered 2826, by striking State Street and Cajon Boulevard and inserting Palm Avenue;

(63)

in the items numbered 2860 and 5029, by inserting and roadway improvements after lights each place it appears;

(64)

in the item numbered 2931, by striking Frazho Road and inserting Martin Road;

(65)

in the items numbered 2981 and 5028, by inserting and roadway improvements after lighting each place it appears;

(66)

in the item numbered 3014, by inserting , including after Safety;

(67)

in the items numbered 3047 and 5027, by inserting and roadway improvements after safety project each place it appears;

(68)

in the item numbered 3078, by striking the project description and inserting U.S. 2/Sultan Basin Road improvements in Sultan;

(69)

in the item numbered 3174, by striking the project description and inserting Improving Outer Harbor access through planning, design, construction, and relocations of Southtowns Connector–NY Route 5, Fuhrmann Boulevard, and a bridge connecting the Outer Harbor to downtown Buffalo at the Inner Harbor;

(70)

in the item numbered 3219, by striking Forest and inserting Warren;

(71)

in the item numbered 3254, by striking the project description and inserting Reconstruct PA Route 274/34 Corridor, Perry County;

(72)

in the item numbered 3255, by striking the project description and inserting Facility acquisition, road construction, and other transportation enhancement related improvements in the Northwest Triangle Redevelopment Area in the city of York;

(73)

in the item numbered 3327, by striking $1,600,000 and inserting $2,400,000;

(74)

in the item numbered 3368, by striking the project description and inserting Plan, design, and engineering, Ludlam Trail, Miami;

(75)

in the item numbered 3397, by striking the project description and inserting Cathodic bridge protection: allow the Virginia Department of Transportation (VDOT) to select the bridge or bridges that VDOT considers appropriate for cathodic bridge protection modification;

(76)

in the item numbered 3410, by striking the project description and inserting Construct eligible sound walls on I–65 between Old Hickory Blvd. and Harding Place in Davidson County;

(77)

in the item numbered 3456, by striking the project description and by inserting Phase II/part I project–Elizabeth Ave. in Coleraine to 0.2 miles west of CSAH 15 (2.9 miles);

(78)

in the item numbered 3537, by inserting and the study of alternatives along the North South Corridor, after Valley;

(79)

in the item numbered 3582, by striking the project description and inserting Improving Outer Harbor access through planning, design, construction, and relocations of Southtowns Connector–NY Route 5, Fuhrmann Boulevard, and a bridge connecting the Outer Harbor to downtown Buffalo at the Inner Harbor;

(80)

in the items numbered 3604 and 5008, by inserting and Kane Creek Boulevard after 500 West each place it appears;

(81)

in the item numbered 3631, by striking the project description and inserting Reconstruct or modify the existing 5th Street Bridge and railroad trestle to provide a 4-lane crossing of the Feather River between Yuba City and Marysville and improvements to connector roads from east and west;

(82)

in the item numbered 3632, by striking the State, project description, and amount and inserting FL, Pine Island Road pedestrian overpass, city of Tamarac, and $610,000, respectively;

(83)

in the item numbered 3634, by striking the State, project description, and amount and inserting FL, West Avenue Bridge, city of Miami Beach, and $620,000, respectively;

(84)

in the item numbered 3673, by striking the project description and inserting Improve marine shipyard facilities in Ketchikan;

(85)

in the item numbered 3688, by striking road and inserting trail;

(86)

in the item numbered 3691, by striking the project description and inserting Port facilities in Hoonah;

(87)

in the item numbered 3695, by striking in Soldotna and inserting in the Kenai River corridor;

(88)

in the item numbered 3700, by inserting and ferry facilities after a ferry;

(89)

in the item numbered 3703, by inserting or another road after Cape Blossom Road;

(90)

in the item numbered 3704, by striking Fairbanks and inserting Alaska Highway;

(91)

in the item numbered 3911, by striking the project description and inserting Construct a new bridge at Indian Street, Martin County;

(92)

in the item numbered 3916, by striking the project description and inserting City of Hollywood to purchase buses and bus facilities;

(93)

in the item numbered 3937, by striking the project description and inserting Kingsland bypass from CR 61 to I–95, Camden County;

(94)

in the item numbered 3965, by striking transportation projects and inserting and air quality projects;

(95)

in the item numbered 3981, by striking the project description and inserting Atlanta Multi-Use Trail from Spring Street/Concord Road to Ridge Road;

(96)

in the item numbered 4043, by striking MP 9.3, Segment I, II, and III and inserting Milepost 24.3;

(97)

in the item numbered 4050, by striking the project description and inserting Preconstruction and construction activities of U.S. 51 between the Assumption Bypass and Vandalia;

(98)

in the item numbered 4058, by striking the project description and inserting For improvements to the road between Brighton and Bunker Hill in Macoupin County;

(99)

in the items numbered 4062 and 4084, by striking the project descriptions and inserting Preconstruction, construction, and related research and studies of I–290 Cap the Ike project in the village of Oak Park;

(100)

in the item numbered 4089, by inserting and parking facility/entrance improvements serving the Museum of Science and Industry after Lakeshore Drive;

(101)

in the item numbered 4103, by inserting and adjacent to the before Shawnee;

(102)

in the item numbered 4110, by striking the project description and inserting For improvements to the road between Brighton and Bunker Hill Road in Macoupin County;

(103)

in the item numbered 4125, by striking $250,000 and inserting $950,000;

(104)

in the item numbered 4129, by striking $128,000 and inserting $828,000;

(105)

by striking the item numbered 4179;

(106)

in the item numbered 4292, by striking BW Parkway and inserting Baltimore Washington Parkway;

(107)

in the item numbered 4299, by striking the project description and inserting Highway improvements in the vicinity of Aberdeen Proving Ground to support BRAC-related growth;

(108)

in the item numbered 4313, by striking Maryland Avenue and all that follows through Rd. corridor and inserting intermodal access and pedestrian safety improvements;

(109)

in the item numbered 4323, by striking the project description and inserting Maine DOT Acadia intermodal passenger and maintenance facility;

(110)

in the item numbered 4338, by striking the project description and inserting Construct 1 or more grade-separated crossings of I–75, and make associated improvements to improve local and regional east-west mobility between Mileposts 279 and 282;

(111)

in the item numbered 4428, by striking the project description and inserting U.S. 76 improvements;

(112)

in item numbered 4457, by striking the project description and inserting Construct an interchange at an existing grade separation at SR 1602 (Old Stantonsburg Rd.) and U.S. 264;

(113)

in item numbered 4555, by inserting Canal Street and after Reconstruction of;

(114)

in the item numbered 4588, by inserting Private Parking and before Transportation;

(115)

in the item numbered 4596, by striking the project description and inserting Transportation center, Corning;

(116)

in the item numbered 4649, by striking the project description and inserting Fairfield County, OH U.S. 33 and old U.S. 33 safety improvements and related construction, city of Lancaster and surrounding areas;

(117)

in the item numbered 4651, by striking roads for the transfer of rail to truck for the intermodal facility at Rickenbacker Airport and inserting roads, and construction of an intermodal freight facility at Rickenbacker Facility, Columbus;

(118)

in the item numbered 4691, by striking the project description and inserting Transportation improvements to Idabel Industrial Park Rail Spur, Idabel;

(119)

in the item numbered 4749, by striking study and inserting improvements;

(120)

in the item numbered 4821, by striking highway grade crossing project, Clearfield and Clinton Counties and inserting Project for highway grade crossings and other purposes relating to the Project in Cambria, Clearfield, and Clinton Counties;

(121)

in the item numbered 4838, by striking study and inserting improvements;

(122)

in the item numbered 4839, by striking fuel-celled and inserting fueled;

(123)

in the item numbered 4866, by striking $11,000,000 and inserting $9,900,000;

(124)

by inserting after the item numbered 4866 the following:

4866A

Repair and restore railroad bridge in Westerly

$1,100,000

;

(125)

in the item numbered 4915, by striking the project description and inserting For projects of highest priority, as determined by the South Dakota DOT;

(126)

in the item numbered 4916, by striking $1,000,000 and inserting $328,000;

(127)

in the item numbered 4924, by striking $3,450,000 and inserting $4,122,000;

(128)

in the item numbered 4974, by striking , Sevier County;

(129)

in the items numbered 5011 and 5033, by striking 200 South Interchange each place it appears and inserting 400 South Interchange; and

(130)

in the item numbered 5132, by striking the project description and inserting St. Croix River crossing project, Wisconsin State Highway 64, St. Croix County, Wisconsin, to Minnesota State Highway 36, Washington County.

(b)

Transfer of project funds

The Secretary of Transportation shall transfer to the Commandant of the Coast Guard amounts made available to carry out the project described in the item numbered 4985 of the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1447) to carry out that project, in accordance with the Act of June 21, 1940 (commonly known as the Truman-Hobbs Act) (33 U.S.C. 511 et seq.).

(c)

Unused obligation authority

Notwithstanding section 117(g) of title 23, United States Code, or any other provision of law, unused obligation authority made available for an item in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1256) that was repealed, or authorized funding for such an item that was reduced, by this section shall be made available—

(1)

for an item in section 1702 of that Act that was added or increased by this section and that is in the same State as the item for which obligation authority or funding was repealed or reduced; and

(2)

in an amount proportional to the amount of obligation authority or funding that was so repealed or reduced.

(d)

Additional discretionary use of surface transportation program funds

Of the funds apportioned to each State under section 104(b)(3) of title 23, United States Code, a State may expend for each of fiscal years 2005 through 2009 not more than $1,000,000 for the following activities:

(1)

Participation in the Joint Operation Center for Fuel Compliance (JOC), including the funding of additional positions for motor fuel tax enforcement officers and other staff dedicated on a full-time basis to participation in the activities of the Center.

(2)

Development, operation, and maintenance of electronic filing systems to coordinate data exchange with the Internal Revenue Service by States that impose a tax on the removal of taxable fuel from any refinery and on the removal of taxable fuel from any terminal.

(3)

Development, operation, and maintenance of electronic single point of filing in conjunction with the Internal Revenue Service by States that impose a tax on the removal of taxable fuel from any refinery and on the removal of taxable fuel from any terminal.

(4)

Development, operation, and maintenance of a certification system by a State of any fuel sold to a State or local government for the exclusive use of the State or local government (as defined in section 4221(d) of the Internal Revenue Code of 1986) or sold to a qualified volunteer fire department (as defined in section 150(e)(2) of such Code) for its exclusive use.

(5)

Development, operation, and maintenance of a certification system by a State to certify nonprofit educational organizations (as defined in section 4221(d) of such Code) to be in good standing in the state in which the organization is providing educational services.

Nonmotorized transportation pilot program

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

Correction of Interstate and NHS designations

(a)

Treatment

Section 1908(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1469) is amended by striking paragraph (3).

(b)

National Highway System

Future of surface transportation system

Section 1909(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1475) is amended—

(1)

in paragraph (9), in the matter preceding subparagraph (A), by striking July 1, 2007 and inserting December 31, 2007;

(2)

in paragraph (11)—

(A)

in subparagraph (C), by striking , on a reimbursable basis,; and

(B)

in subparagraph (D)(i), by striking may detail, on a reimbursable basis, and inserting shall detail; and

(3)

in paragraph (15), by striking $1,400,000 for each of fiscal years 2006 and 2007 and inserting $1,400,000 for fiscal year 2006 and $3,400,000 for fiscal year 2007.

Buy America

Section 1928 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1484) is amended—

(1)

by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and

(2)

by inserting after paragraph (1) the following:

(2)

the current application by the Federal Highway Administration of the Buy America test is only applied to components or parts of a bridge project and not the entire bridge project, which is inconsistent with this sense of Congress;

Transportation improvements

The table contained in section 1934(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1486) is amended—

(1)

in the item numbered 12, by striking Yukon River and inserting Kuskokwim River;

(2)

in the item numbered 57, by striking the project description and inserting Kingsland bypass from CR 61 to I–95, Camden County;

(3)

in the item numbered 138, by striking the project description and inserting West Spencer Beltway Project;

(4)

in the item numbered 142, by striking MP 9.3, Segment I, II, and III and inserting Milepost 24.3;

(5)

in the item numbered 161, by striking Bridge replacement on Johnson Drive and Nall Ave. and inserting Construction improvements;

(6)

in the item numbered 181, by striking BW Parkway and inserting Baltimore Washington Parkway;

(7)

in the item numbered 182, by striking the project description and inserting Highway improvements in the vicinity of Aberdeen Proving Ground to support BRAC-related growth;

(8)

in the item numbered 198, by striking the project description and inserting Construct 1 or more grade separated crossings of I–75 and make associated improvements to improve local and regional east-west mobility between Mileposts 279 and 282;

(9)

in the item numbered 238, by striking the project description and inserting Develop and construct the St. Mary water project road and bridge infrastructure, including a new bridge and approaches across St. Mary River, stabilization and improvements to United States Route 89, and road/canal from Siphon Bridge to Spider Lake, on the condition that $2,500,000 of the amount made available to carry out this item may be made available to the Bureau of Reclamation for use for the Swift Current Creek and Boulder Creek bank and bed stabilization project in the Lower St. Mary Lake drainage.;

(10)

in the item numbered 329, by inserting , Tulsa after technology;

(11)

in the item numbered 358, by striking fuel-celled and inserting fueled;

(12)

in the item numbered 402, by striking from 2 to 5 lanes and improve alignment within rights-of-way in St. George and inserting , St. George; and

(13)

in the item numbered 436, by inserting , Saole, after Sua.

10.

Highway research funding

(a)

F–SHRP funding

Notwithstanding any other provision of law, for each of fiscal years 2007 through 2009, at any time at which an apportionment is made of the sums authorized to be appropriated for the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, the Interstate maintenance program, the bridge program, or the highway safety improvement program, the Secretary of Transportation shall—

(1)

deduct from each apportionment an amount not to exceed 0.205 percent of the apportionment; and

(2)

transfer or otherwise make that amount available to carry out section 510 of title 23, United States Code.

(b)

Conforming amendments

(1)

Funding

Section 5101 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1779) is amended—

(A)

in subsection (a)—

(i)

in paragraph (1), by striking 509, and 510 and inserting and 509; and

(ii)

in paragraph (4), by striking $69,700,000 and all that follows through 2009 and inserting $40,400,000 for fiscal year 2005, $69,400,000 for fiscal year 2006, $76,400,000 for each of fiscal years 2007 and 2008, and $78,900,000 for fiscal year 2009; and

(B)

in subsection (b), by striking 50 percent and inserting 80 percent.

(2)

Future strategic highway research program

Section 5210 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1804) is amended—

(A)

by striking subsection (c); and

(B)

by redesignating subsection (d) as subsection (c).

(c)

Contract authority

Funds made available under this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share shall be determined under section 510(f) of that title.

(d)

Applicability of obligation limitation

Funds made available under this section shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs under section 1102 the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (23 U.S.C. 104 note; 119 Stat. 1157) or any other Act.

(e)

Equity bonus formula

Notwithstanding any other provision of law, in allocating funds for the equity bonus program under section 105 of title 23, United States Code, for each of fiscal years 2007 through 2009, the Secretary of Transportation shall make the required calculations under that section as if this section had not been enacted.

(f)

Funding for research activities

Of the amount made available by section 5101(a)(1) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1779)—

(1)

at least $1,000,000 shall be made available for each of fiscal years 2007 through 2009 to carry out section 502(h) of title 23, United States Code; and

(2)

at least $4,900,000 shall be made available for each of fiscal years 2007 through 2009 to carry out section 502(i) of that title.

(g)

Technical amendments

(1)

Surface transportation research

Section 502 of title 23, United States Code, is amended by striking the first subsection (h), relating to infrastructure investment needs reports beginning with the report for January 31, 1999.

(2)

Advanced travel forecasting procedures program

(3)

University transportation research

Section 5506 of title 49, United States Code, is amended—

(A)

in subsection (i)—

(i)

by striking In order to and inserting the following:

(1)

In general

In order to

; and

(ii)

by adding at the end the following:

(2)

Effect

Nothing in paragraph (1) requires a nonprofit institution of higher learning to maintain total expenditures as described in that paragraph in excess of the amount of the grant awarded to the institution.

; and

(B)

in subsection (k)(3), by striking The Secretary and all that follows through to carry out this section and inserting For each of fiscal years 2005 through 2009, the Secretary shall expend not more than 1.5 percent of amounts made available to carry out this section.

11.

Rescission

Section 10212 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (as amended by section 1302 of the Pension Protection Act of 2006 (Public Law 109–280)) (119 Stat. 1937; 120 Stat. 780) is amended by striking $8,593,000,000 each place it appears and inserting $8,715,000,000.

12.

TEA–21 technical corrections

(a)

Surface transportation program

Section 1108(f)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 133 note; 112 Stat. 141) is amended by striking 2003 and inserting 2009.

(b)

Project authorizations

The table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 257) is amended—

(1)

in the item numbered 1039, by striking transportation and maintenance facility in Union City in order to replace the NJ Transit depot and inserting Hoboken Terminal improvements; and

(2)

in the item numbered 1349, by inserting , and improvements to streets and roads providing access to, after along.

13.

High priority corridors technical corrections

Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 119 Stat. 1212) is amended—

(1)

in paragraph (63), by inserting and State after United States; and

(2)

in paragraph (64)—

(A)

by striking United States Route 42 and inserting State Route 42; and

(B)

by striking Interstate Route 676 and inserting Interstate Routes 76 and 676.

14.

Definition of repeat intoxicated driver law

Section 164(a)(5) of title 23, United States Code, is amended by striking subparagraph (A) and inserting the following:

(A)

receive—

(i)

a driver’s license suspension for not less than 1 year; or

(ii)

a combination of suspension of all driving privileges for the first 45 days of the suspension period followed by a reinstatement of limited driving privileges for the purpose of getting to and from work, school, or an alcohol treatment program if an ignition interlock device is installed on each of the motor vehicles owned or operated, or both, by the individual;

15.

Research technical correction

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

16.

Bridge projects

The table contained in section 1103 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027) is amended in the item numbered 3 by striking Construction of Aliquippa Ambridge Bridge of Beaver County, Pennsylvania and inserting Rehabilitation of Aliquippa Ambridge Bridge in Beaver County, Pennsylvania.

17.

Effective date

(a)

In general

Except as provided in subsection (b), this Act and the amendments made by this Act take effect on the date of enactment of this Act.

(b)

Exception

(1)

In general

The amendments made by this Act (other than the amendments made by sections 1(i), 3, 4, 8, and 14) to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) shall—

(A)

take effect as of the date of enactment of that Act; and

(B)

be treated as being included in that Act as of that date.

(2)

Section 1(i) amendment

The amendment made by section 1(i) shall take effect on October 1, 2006.

(3)

Effect of amendments

Each provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59; 119 Stat. 1144) (including the amendments made by that Act) (as in effect on the day before the date of enactment of this Act) that is amended by this Act (other than sections 1(i), 3, 4, 8, and 14) shall be treated as not being enacted.

September 14, 2006

Reported with an amendment