59–010 

Calendar No. 198 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–81 

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. 


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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. 


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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 to SAFETEA–LU projects. However, 

in the interest of full disclosure and transparency, the Committee 

provides the following list identifying the requester of each projectrelated 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 of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe.

Bingaman, Domenici 

(o)(3)(A) ........................ LOSSAN Rail Corridor Improvements .................................................. Boxer 

(o)(3)(B) ....................... San Diego Transit ............................................................................... Boxer 

(o)(3)(C) ....................... Los Angeles—Exposition LRT ............................................................. Boxer 

(o)(3)(D) ....................... Boston-Silver Line Phase III ............................................................... Kennedy, Kerry 

(o)(4)(A) ........................ Central Arkansas Transit Authority Bus Acquisition ......................... Lincoln, Pryor 

(o)(4)(B) ....................... PACE, IL Cermak Road, Bus Rapid Transit, and related bus 

projects, and alternatives analysis.

Obama 

(o)(4)(C) ....................... Transportation Center Enhancements, Corning, NY .......................... Clinton, Schumer 

(o)(4)(D) ....................... Bus and Bus Facilities (Gulf Shores, AL) .......................................... Shelby 

(o)(4)(E) ........................ Gartina Highway Bus Stops (Hoonah, AK) ......................................... Stevens, Murkowski 

(o)(4)(F) ........................ Maine DOT Acadia Intermodal Passenger and Maintenance Facility Snowe, Collins 

(o)(5) ............................ DaVinci Center in Allentown, PA ........................................................ Casey, Specter 

(o)(6) ............................ South County Commuter Rail (Rhode Island) .................................... Reed 

(o)(7)(A) ........................ Los Angeles—Exposition LRT ............................................................. Boxer, Feinstein 

(o)(7)(B) ....................... San Gabriel Valley—Gold Line Foothill Extension Phase I/Phase II, 

Los Angeles to Montclair.

Boxer 

(p) ................................ Silverliner IV Regional Rail Cars ....................................................... Casey, Specter 

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. 


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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. 


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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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