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[Senate Report 110-81]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 198
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-81

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              TO MAKE TECHNICAL CORRECTIONS TO SAFETEA-LU

                                _______
                                

                 June 13, 2007.--Ordered to be printed

                                _______
                                

 Mr. Dodd, from the Committee on Banking, Housing, and Urban Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1611]

    The Committee on Banking, Housing, and Urban Affairs, which 
considered an original bill (S. 1611) to make technical 
corrections to SAFETEA-LU and other related laws relating to 
transit, having considered the same, reports favorably thereon 
and recommends that the bill do pass.

                              INTRODUCTION

    On May 16, 2007, the Senate Committee on Banking, Housing, 
and Urban Affairs considered an original bill to make technical 
corrections to SAFETEA-LU and other related laws relating to 
transit. No amendments were offered, and the Committee passed 
the bill by voice vote.

                       PURPOSE OF THE LEGISLATION

    The Safe, Accountable, Flexible, and Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
became law on August 10, 2005. The Banking Committee has 
jurisdiction over Title III of SAFETEA-LU, dealing with public 
transportation. SAFETEA-LU as passed contained various drafting 
errors and other oversights. The purpose of this legislation is 
to correct errors in Title III as well as to clarify 
Congressional intent with regard to certain legislative 
provisions and project designations in that title and in the 
transit title of TEA-21, SAFETEA-LU's predecessor, so that the 
Federal Transit Administration can implement the transit 
program as Congress intended. The legislation allows certain 
TEA-21 outlays to be made during the 2008-2012 time period, and 
authorizes no new budget authority.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    Subsection (a). Reinserts the word ``sightseeing'' into the 
list of items excluded from the definition of public 
transportation. This word was inadvertently dropped during 
drafting of SAFETEA-LU.
    Subsection (b). Clarifies that certain requirements for a 
transportation improvement program apply to identified phases 
of a project as well as to complete projects, and removes an 
extraneous phrase from a subsection related to transportation 
management areas.
    Subsection (c). Changes ``mass transportation'' to ``public 
transportation'' to be consistent with a change made throughout 
Chapter 53 of Title 49, United States Code, in SAFETEA-LU. Also 
corrects a cross-reference.
    Subsection (d). Corrects a paragraph heading and a cross 
reference.
    Subsection (e). Clarifies that state administrative 
expenses are not subject to matching requirements under the 
rural formula program, consistent with current Federal Transit 
Administration practice. Also corrects a cross reference.
    Subsection (f). Changes ``mass transportation'' to ``public 
transportation'' to be consistent with a change made throughout 
Chapter 53 of Title 49, United States Code, in SAFETEA-LU.
    Subsection (g). Corrects a cross reference.
    Subsection (h). Corrects a cross reference.
    Subsection (i). Names the transit in parks program after 
its author, Senator Paul S. Sarbanes, corrects a cross 
reference, and clarifies that the Federal Transit 
Administration can transfer funds to appropriate federal land 
management agencies to help administer the program.
    Subsection (j). Corrects a cross reference.
    Subsection (k). Clarifies that architectural, engineering, 
and design contracts can be awarded under a State 
qualifications-based requirement if the State requirement was 
adopted before enactment of SAFETEA-LU, but that certain other 
federal requirements continue to apply to such contracts. The 
application of other federal requirements was ambiguous in 
SAFETEA-LU.
    Subsection (l). Corrects cross references and subsection 
numbering.
    Subsection (m). Updates authorization for fixed guideway 
modernization program from TEA-21's fiscal years to SAFETEA-
LU's fiscal years.
    Subsection (n). Corrects a cross reference.
    Subsection (o). Corrects a mathematical error in the 
obligation ceiling. Corrects or clarifies project designations 
in the alternatives analysis, new starts, bus discretionary, 
and research programs. Provides that small starts projects 
which are recommended by the Federal Transit Administration for 
funding or a project construction grant agreement in FY2008 and 
FY2009 are authorized to receive such funding or agreement. 
Clarifies Congressional intent regarding the role of the 
Department of Transportation in resolving issues related to a 
commuter rail extension. Specifies additional factors the 
Secretary may take into account when evaluating the local match 
for the extension of certain light rail lines.
    Subsection (p). Modifies allowable uses of funds under the 
TEA-21 Advanced Propulsion Control System program.

 COMPLIANCE WITH S. 1, THE LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY 
                              ACT OF 2007

    The Banking Committee is complying with the disclosure and 
certification requirements of S. 1, the Legislative 
Transparency and Accountability Act of 2007. Although that 
legislation has not yet been enacted, the Committee believes 
that complying with S. 1 as passed by the Senate has the 
potential to avoid disruption in the rapid completion of the 
SAFETEA-LU technical corrections legislation should S. 1 or 
similar legislation become law. It is not clear whether the 
definition of ``congressional earmark'' under S. 1 applies to 
technical corrections toSAFETEA-LU projects. However, in the 
interest of full disclosure and transparency, the Committee provides 
the following list identifying the requester of each project-related 
provision. Consistent with Senate Rule XXXVII(4) and S. 1, each 
requester has submitted to the Committee a letter certifying that 
neither the requester nor his or her spouse, if applicable, has a 
pecuniary interest in the project or projects that are the subject of 
the request.

------------------------------------------------------------------------
        Section                Project               Requester(s)
------------------------------------------------------------------------
(o)(1).................  Mid-Region Council  Bingaman, Domenici
                          of Governments,
                          New Mexico,
                          public
                          transportation
                          buses, bus-
                          related equipment
                          and facilities,
                          and intermodal
                          terminals in
                          Albuquerque and
                          Santa Fe.
(o)(3)(A)..............  LOSSAN Rail         Boxer
                          Corridor
                          Improvements.
(o)(3)(B)..............  San Diego Transit.  Boxer
(o)(3)(C)..............  Los Angeles--       Boxer
                          Exposition LRT.
(o)(3)(D)..............  Boston-Silver Line  Kennedy, Kerry
                          Phase III.
(o)(4)(A)..............  Central Arkansas    Lincoln, Pryor
                          Transit Authority
                          Bus Acquisition.
(o)(4)(B)..............  PACE, IL Cermak     Obama
                          Road, Bus Rapid
                          Transit, and
                          related bus
                          projects, and
                          alternatives
                          analysis.
(o)(4)(C)..............  Transportation      Clinton, Schumer
                          Center
                          Enhancements,
                          Corning, NY.
(o)(4)(D)..............  Bus and Bus         Shelby
                          Facilities (Gulf
                          Shores, AL).
(o)(4)(E)..............  Gartina Highway     Stevens, Murkowski
                          Bus Stops
                          (Hoonah, AK).
(o)(4)(F)..............  Maine DOT Acadia    Snowe, Collins
                          Intermodal
                          Passenger and
                          Maintenance
                          Facility.
(o)(5).................  DaVinci Center in   Casey, Specter
                          Allentown, PA.
(o)(6).................  South County        Reed
                          Commuter Rail
                          (Rhode Island).
(o)(7)(A)..............  Los Angeles--       Boxer, Feinstein
                          Exposition LRT.
(o)(7)(B)..............  San Gabriel         Boxer
                          Valley--Gold Line
                          Foothill
                          Extension Phase I/
                          Phase II, Los
                          Angeles to
                          Montclair.
(p)....................  Silverliner IV      Casey, Specter
                          Regional Rail
                          Cars.
------------------------------------------------------------------------

                      REGULATORY IMPACT STATEMENT

    The legislation does not require the promulgation of any 
new regulations.

                 CHANGES IN EXISTING LAW (CORDON RULE)

    On May 16, 2007, the Committee unanimously approved a 
motion by Chairman Dodd to waive the Cordon Rule. Thus, in the 
opinion of the Committee, it is necessary to dispense with the 
requirements of section 12 of rule XXVI of the Standing Rules 
of the Senate in order to expedite the business of the Senate.

                             COST ESTIMATE

                                                      May 24, 2007.
Hon. Christopher J. Dodd,
Chairman, Committee on Banking, Housing, and Urban Affairs, United 
        States Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for a bill to make 
technical corrections to SAFETEA-LU and other related laws 
relating to transit.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

A bill to make technical corrections to SAFETEA-LU and other related 
        laws relating to transit

    The legislation would make several changes to the current 
authorization for transit programs authorized in the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59), known as SAFETEA-LU. The 
bill would affect direct spending by amending the authorization 
for a specific project that CBO expects would not be completed 
under current law. CBO estimates that enacting the bill would 
increase direct spending by $4 million over the 2008-2012 
period. Enacting the bill would not affect revenues. CBO 
estimates that enacting the bill would not significantly 
increase spending subject to appropriation. The legislation 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
cost on state, local, or tribal governments.
    The bill also would revise the authorization for a transit 
project located within the Southeastern Pennsylvania Transit 
Authority (SEPTA) rail system near Philadelphia, Pennsylvania, 
that was previously authorized by the Transportation Equity Act 
for the 21st Century (Public Law 105-85). Based on information 
from the Federal Transit Administration and representatives of 
SEPTA, CBO expects that the funds available for this project 
will not be spent under current law because the technology 
authorized in the original project is incompatible with the 
current rail system. The bill would authorize those funds to be 
used for a different rail project within the SEPTA system. 
Therefore, CBO estimates that this provision would result in an 
increase in spending of $4 million over the 2008-2012 period.
    On March 21, 2007, CBO provided an estimate for H.R. 1195, 
an act to amend the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users to make technical 
corrections, and for other purposes, as ordered reported by the 
House Committee on Transportation and Infrastructure on March 
1, 2007, with a subsequent amendment transmitted to CBO on 
March 19, 2007. Some of the provisions in H.R. 1195 are 
contained in this bill. The differences between the bills are 
reflected in CBO's cost estimates.
    The CBO staff contact for this estimate is Sarah Puro. This 
estimate was approved by Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                                  
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