The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S3084-S3087 on April 16, 2008.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 4529. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 119, after line 2, insert the following:
(s) Project Modification.--Section 3044(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) is amended--
(1) by amending the description for item 160 to read as follows: ``Nebraska Statewide Transit Bus, Bus Facilities and Related Equipment''; and
(2) by amending the description for item 586 to read as follows: ``Nebraska Department of Roads/Bus, Bus Facilities and Related Equipment Statewide''.
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SA 4530. Mr. NELSON of Nebraska submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 78, strike lines 3 and 4 and insert the following:
(386) in item number 4497 by inserting ``, including lighting, landscaping, and pedestrian enhancements from 18th Street to 20th Street and 29th Street to 30th Street'' after
``Cuming Street Transportation improvement project in Omaha'';
(387) in project number 4506 by inserting ``, including Burt Street lighting, landscaping, and pedestrian enhancements (including burial of certain overhead utilities) from 30th Street to 20th Street'' after ``Cuming Street Transportation Improvement Project in Omaha''; and
(388) in item number 370 by striking the
On page 86, strike lines 11 and 12 and insert the following:
campus in New Rochelle'';
(25) in item number 276 by inserting ``, including narrowing of 24th Street from Cuming Street to Cass Street and adjacent lighting, landscaping, and pedestrian safety enhancements'' after ``in Omaha''; and
(26) in item number 462 by striking the project
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SA 4531. Mr. WEBB (for himself and Mr. Warner) submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 119, after line 2, insert the following:
(s) Project Modification.--
(1) In general.--Section 3044(a) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) is amended--
(A) by amending the description for item 232 to read as follows: ``WMATA alternatives analysis, environmental assessment, preliminary engineering, design, and construction related to the transfer of WMATA buses from the Alexandria, Virginia Royal Street Bus Garage to an alternate WMATA facility''; and
(B) by amending the description for item 494 to read as follows: ``WMATA alternatives analysis, environmental assessment, preliminary engineering, design, and construction related to the transfer of WMATA buses from the Alexandria, Virginia Royal Street Bus Garage to an alternate WMATA facility''.
(2) Authorization.--Amounts for the projects referred to in paragraph (1), as amended, shall remain available through fiscal year 2010.
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SA 4532. Mr. WARNER (for himself and Mr. Webb) submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 92, strike lines 15 and 16 and insert the following:
paving'';
(3) in item number 72--
(A) in the column under the heading ``Project description'', by striking ``Widen I-64 Bland Boulevard interchange'' and inserting ``Middle Ground Boulevard Extension Project''; and
(B) in the column under the heading ``(Dollars in millions)'', by striking ``25.8375'' and inserting
``28.8375'';
(4) by striking item number 1769; and
(5) in item number 614 by inserting ``and for
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SA 4533. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an amendment intended to be proposed by her to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 78, strike line 3 and all that follows through line 8, and insert the following:
(386) in item number 370 by striking the project description and inserting ``Pedestrian paths, stairs, seating, landscaping, lighting, and other transportation enhancement activities along Riverside Boulevard and at Riverside Park South''; and
(387) in item number 2406 by striking ``in Fort Worth'' and inserting ``, or Construct SH 199 (Henderson St.) through the Trinity Uptown Project between the West Fork and Clear Fork of the Trinity River, in Fort Worth''.
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SA 4534. Mr. BOND submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ENFORCEMENT OF FEDERAL LAWS WITH RESPECT TO
TRANSPORTATION OF HOUSEHOLD GOODS.
Chapter 147 of title 49, United States Code, is amended by striking sections 14710 and 14711 and inserting the following:
``Sec. 14710. Enforcement of Federal laws with respect to transportation of household goods
``(a) State Enforcement Authority.--Except as provided under subsection (f), if the attorney general or enforcement official of a State has reason to believe that the interests of the residents of that State have been, or are being, threatened or adversely affected by a violation of any consumer protection provision under this title that apply to individual shippers (as determined by the Secretary) and are related to the delivery and transportation of household goods by a household goods motor carrier subject to jurisdiction under subchapter I of chapter 135 of this title, or regulations or orders issued by the Secretary or the Board under such provisions, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to obtain injunctive relief as provided under this section.
``(b) Notice to Secretary or Board.--
``(1) In general.--Except as provided under paragraph (2), not later than 60 days before initiating a civil action under subsection (a), the State shall submit, to the Secretary or the Board, written notice of such action that includes a copy of the complaint to be filed to initiate such action.
``(2) Exception.--If it is not feasible for the State to provide notice to the Secretary or the Board before the deadline under paragraph (1), the State shall provide such notice immediately upon instituting such civil action.
``(c) Intervention.--Upon receiving the notice required under subsection (b), the Secretary or the Board--
``(1) may intervene in such civil action; and
``(2) upon intervening--
``(A) shall be heard on all matters arising in such civil action;
``(B) shall, upon motion, be substituted for the State in such civil action; and
``(C) may file petitions for appeal of a decision in such civil action.
``(d) Venue; Service of Process.--In a civil action brought under subsection (a)--
``(1) the venue shall be a judicial district in which--
``(A) the carrier, foreign motor carrier, or broker operates;
``(B) the carrier, foreign motor carrier, or broker was authorized to provide transportation at the time the complaint arose; or
``(C) the defendant in the civil action is found;
``(2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and
``(3) a person who participated with the carrier or broker in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.
``(e) Federal Primary Right of Enforcement.--If the Secretary or Board institutes a civil action or an administrative action under subsection (a), or under any other Act, regulation, or order for which the Secretary or the Board has enforcement authority, no State attorney general, or other official or agency of a State, may bring an action under this section while such action is pending against any defendant named in the complaint of the Secretary or Board for any violation alleged in the complaint.
``(f) Reasonable Costs and Attorney Fees.--If a State prevails in any civil action under subsection (a) for a violation of section 13707, the State can recover reasonable costs and attorneys fees from the carrier or broker.
``(g) State Compliance Orders.--
``(1) In general.--If an individual shipper fails to relinquish possession of household goods in violation of section 13707, a State may issue an order requiring the shipper to comply with such section.
``(2) Issuance.--Any order issued under this subsection shall--
``(A) be delivered by personal service;
``(B) state with reasonable specificity--
``(i) the requirements of section 13707;
``(ii) the nature of the violation of such section; and
``(iii) the penalties available for such violation (as described by section 14915); and
``(C) shall specify a date by which the shipper shall comply with the order.
``(3) Savings provision.--Action taken by a State under this subsection shall not affect or limit the authority of the State under subsection (a).
``(h) Notice to Carrier or Broker.--
``(1) Failure to relinquish possession of household goods.--
``(A) In general.--Except as provided under subparagraph
(C), if a civil action brought under subsection (a) is for a violation of section 13707, the State shall provide notice of the alleged violation to the carrier or broker as soon as the alleged violation becomes known to the State.
``(B) Contents.--Notice provided under subparagraph (A)--
``(i) shall require that the carrier or broker cure any violation within 24 hours of receipt of the notice;
``(ii) may be made in writing or by telephone; and
``(iii) if provided by telephone, shall--
``(I) be actual notice; and
``(II) be followed by subsequent written notification not later than 48 hours after the initial notice.
``(C) Compliance order.--The State is not required to provide notice under this paragraph if the State issues a compliance order under subsection (g).
``(2) Other violations.--
``(A) In general.--If a civil action brought under subsection (a) is not for a violation of section 13707, the State shall provide written notice to the carrier or broker of any civil action under subsection (a) not later than 30 days before initiating such action.
``(B) Contents.--Notice provided under subparagraph (A) shall--
``(i) include a copy of the complaint to be filed to initiate such civil action; and
``(ii) provide the carrier or broker with an opportunity to cure the reported violation by mutual agreement between the State and the carrier or broker.
``(3) Civil action authorized.--Regardless of whether a carrier or broker cures a violation about which it has received notification from a State under this subsection, the State may file a civil action against the carrier or broker under subsection (a) if the State has complied with the notification requirement under subsection (b).
``(i) Construction.--Nothing in this section may be construed to--
``(1) prevent the attorney general or enforcement official of a State from exercising the powers conferred on such officials by the laws of such State;
``(2) convey a right to initiate or maintain a class action lawsuit in the enforcement of a Federal law or regulation or order; or
``(3) prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of such State.''.
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SA 4535. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 39, lines 24 and 25, strike ``in Clifton''.
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SA 4536. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
In section 105(a), after paragraph (10), insert the following:
(11) in item number 334 by striking ``at intersection of Clinton Street and Keith Avenue'';
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SA 4537. Mr. MARTINEZ submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 57, strike lines 8 through 11 and insert the following:
(250) in item number 3909 by striking the project description and inserting ``S.R. 281, the Avalon Boulevard Expansion Project from Interstate 10 to U.S. Highway 90'';
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SA 4538. Mr. COBURN (for himself, Mr. Nelson of Florida, Mr. Martinez, Mr. McCain, Mr. Obama, Mrs. Clinton, and Mrs. McCaskill) proposed an amendment to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; as follows:
At the appropriate place, insert the following:
SEC. __. COCONUT ROAD INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) According to item number 462 of the table contained in section 1934 of the Conference Report on H.R. 3 (109th Congress), which was passed by the Senate and the House of Representatives on July 29, 2005, $10,000,000 was allocated for ``Widening and Improvements for I-75 in Collier and Lee County''.
(2) According to item number 462 of such table in the enrolled version of H.R. 3 (109th Congress), which was signed into law by the President on August 10, 2005, $10,000,000 was allocated for ``Coconut Rd. interchange I-75/Lee County''.
(3) A December 3, 2007, article in the Naples Daily News noted, ``Mysteriously, after Congress voted on the bill but before the president signed it into law, language in the earmark was changed to read: `Coconut Rd. interchange I-75/Lee County.' ''.
(4) Page 824 of Riddick's Senate Procedure notes that
``Concurrent resolutions are used to correct errors in bills when enrolled, or to correct errors by authorizing the re-enrollment of a specified bill with the designated changes to be made.''.
(5) The only concurrent resolution that Congress passed regarding the enrollment of H.R. 3 (H. Con. Res. 226) does not refer to the change made to item 462 of section 1934.
(6) The secret, unauthorized redirection of $10,000,000 to the ``Coconut Rd. interchange I-75/Lee County'' calls into question the integrity of the Constitution and the legislative process.
(7) A full and open investigation into this improper change to congressionally-passed legislation is necessary to restore the integrity of the legislative process.
(b) Preservation of Documentation Relating to the Enrollment of H.R. 3.--Officers and employees of the Senate and the House of Representatives shall take whatever actions may be necessary to preserve all records, documents, e-mails, and phone records relating to the enrollment of H.R. 3 in the 109th Congress, including all documents relating to changes made to item 462 of the table contained in section 1934 of such Act, to allocate funding for the Coconut Road interchange in Lee County, Florida.
(c) Special Committee on Enrollment Irregularities.--
(1) Establishment.--There is established a select committee of Congress to be known as the Special Committee on Enrollment Irregularities (referred to in this subsection as the ``Committee'').
(2) Purposes.--The purposes of the Committee are to--
(A) investigate the improper insertion of substantive new matter into the table contained in section 1934(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) after the Act passed the Senate and the House of Representatives on July 29, 2005; and
(B) determine when, how, why, and by whom such improper revisions were made;
(3) Membership.--The Committee shall be comprised of 8 members, of which--
(A) 2 shall be appointed by the majority leader of the Senate;
(B) 2 shall be appointed by the minority leader of the Senate;
(C) 2 shall be appointed by the Speaker of the House of Representatives; and
(D) 2 shall be appointed by the minority leader of the House of Representatives.
(4) Authority.--The Committee, consistent with the applicable rules of the Senate or the House of Representatives, may--
(A) hold such hearings, take such testimony, and receive such documents as the Committee determines necessary to carry out the purposes described in paragraph (2); and
(B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Committee determines necessary.
(5) Reports.--
(A) Interim report.--Not later than August 1, 2008, the Committee shall prepare an interim report that details the Committee's findings and make such report available to the public in searchable form on the Internet.
(B) Final report.--Not later than October 1, 2008, the Committee shall prepare a final report that details the Committee's findings and make such report available to the public in searchable form on the Internet.
(6) Use of information.--The Committee may share all findings, documents, and information gathered in an investigation under this subsection with--
(A) the Select Committee on Ethics of the Senate;
(B) the Committee on Standards of Official Conduct of the House of Representatives; and
(C) appropriate law enforcement authorities.
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SA 4539. Mrs. BOXER (for herself, Mrs. Clinton, Mr. Obama, and Mr. Nelson of Florida) proposed an amendment to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; as follows:
At the end of the amendment, insert the following:
SEC. __. DEPARTMENT OF JUSTICE REVIEW.
Consistent with applicable standards and procedures, the Department of Justice shall review allegations of impropriety regarding item 462 in section 1934(c) of Public Law 109-59 to ascertain if a violation of Federal criminal law has occurred.
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SA 4540. Mr. COBURN proposed an amendment to amendment SA 4539 proposed by Mrs. Boxer (for herself, Mrs. Clinton, Mr. Obama, and Mr. Nelson of Florida) to the amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the following:
SEC. __. COCONUT ROAD INVESTIGATION.
(a) Findings.--Congress makes the following findings:
(1) According to item number 462 of the table contained in section 1934 of the Conference Report on H.R. 3 (109th Congress), which was passed by the Senate and the House of Representatives on July 29, 2005, $10,000,000 was allocated for ``Widening and Improvements for I-75 in Collier and Lee County''.
(2) According to item number 462 of such table in the enrolled version of H.R. 3 (109th Congress), which was signed into law by the President on August 10, 2005, $10,000,000 was allocated for ``Coconut Rd. interchange I-75/Lee County''.
(3) A December 3, 2007, article in the Naples Daily News noted, ``Mysteriously, after Congress voted on the bill but before the president signed it into law, language in the earmark was changed to read: `Coconut Rd. interchange I-75/Lee County.' ''.
(4) Page 824 of Riddick's Senate Procedure notes that
``Concurrent resolutions are used to correct errors in bills when enrolled, or to correct errors by authorizing the re-enrollment of a specified bill with the designated changes to be made.''.
(5) The only concurrent resolution that Congress passed regarding the enrollment of H.R. 3 (H. Con. Res. 226) does not refer to the change made to item 462 of section 1934.
(6) The secret, unauthorized redirection of $10,000,000 to the ``Coconut Rd. interchange I-75/Lee County'' calls into question the integrity of the Constitution and the legislative process.
(7) A full and open investigation into this improper change to congressionally-passed legislation is necessary to restore the integrity of the legislative process.
(b) Preservation of Documentation Relating to the Enrollment of H.R. 3.--Officers and employees of the Senate and the House of Representatives shall take whatever actions may be necessary to preserve all records, documents, e-mails, and phone records relating to the enrollment of H.R. 3 in the 109th Congress, including all documents relating to changes made to item 462 of the table contained in section 1934 of such Act, to allocate funding for the Coconut Road interchange in Lee County, Florida.
(c) Special Committee on Enrollment Irregularities.--
(1) Establishment.--There is established a select committee of Congress to be known as the Special Committee on Enrollment Irregularities (referred to in this subsection as the ``Committee'').
(2) Purposes.--The purposes of the Committee are to--
(A) investigate the improper insertion of substantive new matter into the table contained in section 1934(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) after the Act passed the Senate and the House of Representatives on July 29, 2005; and
(B) determine when, how, why, and by whom such improper revisions were made;
(3) Membership.--The Committee shall be comprised of 8 members, of which--
(A) 2 shall be appointed by the majority leader of the Senate;
(B) 2 shall be appointed by the minority leader of the Senate;
(C) 2 shall be appointed by the Speaker of the House of Representatives; and
(D) 2 shall be appointed by the minority leader of the House of Representatives.
(4) Authority.--The Committee, consistent with the applicable rules of the Senate or the House of Representatives, may--
(A) hold such hearings, take such testimony, and receive such documents as the Committee determines necessary to carry out the purposes described in paragraph (2); and
(B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, documents, tapes, and materials as the Committee determines necessary.
(5) Reports.--
(A) Interim report.--Not later than August 2, 2008, the Committee shall prepare an interim report that details the Committee's findings and make such report available to the public in searchable form on the Internet.
(B) Final report.--Not later than October 1, 2008, the Committee shall prepare a final report that details the Committee's findings and make such report available to the public in searchable form on the Internet.
(6) Use of information.--The Committee may share all findings, documents, and information gathered in an investigation under this subsection with--
(A) the Select Committee on Ethics of the Senate;
(B) the Committee on Standards of Official Conduct of the House of Representatives; and
(C) appropriate law enforcement authorities.
______
SA 4541. Mr. COLEMAN submitted an amendment intended to be proposed by him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to make technical corrections, and for other purposes; which was ordered to lie on the table; as follows:
On page 49, line 18, strike ``160'' and insert ``169''.
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