Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS -- (Senate - July 29, 2005)

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Mr. DURBIN. Mr. President, today the Senate will overwhelmingly approve the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users, SAFETEA-LU, H.R. 3. I support this important legislation as I have done when similar measures came before the Senate last year and again in May. I believe it is a critical step toward funding our Nation's transportation infrastructure and creating much needed jobs.

This process was not perfect. It took 12 short term extensions and nearly 2 years to complete this bill. The Senate funding level began at $318 billion 18 months ago and shrunk to $295 billion in May. The House passed its version, TEA-LU, at $284 billion. The President unfortunately, supported the lower House number. In fact, he threatened to veto any transportation bill that exceeded the $284 billion funding level. I am glad he changed his mind.

Reauthorization of TEA-21 is one of the most important job and economic stimuli that the 109th Congress can pass. I am pleased that Congress has finally accomplished this elusive goal.

I would like to take this opportunity to discuss the benefits of this legislation for my home State of Illinois.

H.R. 3 would make the largest investment to date in our Nation's aging infrastructure, $286.45 billion over the life of the bill. In short, SAFETEA would increase the State of Illinois' total Federal transportation dollars and provide greater flexibility. It would help improve the condition of Illinois' roads and bridges, properly fund mass transit in Chicago and downstate, alleviate traffic congestion, and address highway safety and the environment.

Illinois has the third largest Interstate system in the country; however, its roads and bridges are rated among the worst in the Nation. The State can expect to receive more than $6.18 billion over the next 5 years from the highway formula contained in the Senate bill. That is a 33.34 percent increase or $1.545 billion over the last transportation bill.

With these additional funds, the Illinois Department of Transportation will be able to move forward on major reconstruction and rehabilitation projects throughout the State.

My Illinois colleague, Senator Obama, and I were able to add more than $215 million for projects through the State. And we worked closely with our House colleagues to support projects such as the Chicago railroad initiative CREATE and the new Mississippi River bridge in St. Clair County.

Mass transit funding is vitally important to the Chicago metropolitan area as well as to many downstate communities. It helps alleviate traffic congestion, lessen air emissions, and provides access for thousands of Illinoisans everyday. Illinois would receive about $2.467 billion under SAFETEA-LU, a 128 percent increase from TEA-21.

The transit section authorizes CTA and Metra projects as well as provides funding for transit systems in Springfield, Rock Island, Ottawa, and Rockford.

This legislation also preserves some important environmental and enhancement programs, including the Congestion Mitigation and Air Quality, CMAQ, program. CMAQ's goal is to help States meet their air quality conformity requirements as prescribed by the Clean Air Act. This legislation would increase funding for CMAQ by 7.5 percent.

With regard to highway safety, Illinois is one of 20 States that has enacted a primary seat belt law. H.R. 3 would enable the State of Illinois and other states who have passed primary seat belt laws to obtain Federal funds to implement this program and further improve highway safety.

I know this legislation is not perfect. Congress should have stood up to the President and passed a bill with greater funding for highways and transit. Illinois' highway formula should be higher, and this bill should have been finished 2 years ago. But thankfully we have reached the end of this very long road. Thankfully, the State of Illinois will not miss another construction season.

I would like to take a minute to thank Senator Obama for his work on this bill. As a member of the Environment and Public Works Committee and a conferee, he was able to ensure Illinois received its fair share of highway and transit funding. I was pleased to work with him and my House colleagues to deliver a transportation bill that will move our State forward and address critical highway, bridge, and transit needs.

With the passage of this legislation, Congress has upheld its obligation to reauthorize and improve our Nation's important transportation programs. I am pleased to support SAFETEA-LU.

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Mr. DURBIN. Mr. President, I rise in support of the U.S. Department of Transportation's disadvantaged business enterprise, DBE, program contained within the surface transportation reauthorization bill. The DBE program is critical to providing equal opportunities to small businesses that are owned and controlled by minorities, women, and others in our Nation who have been socially and economically disadvantaged. I am pleased that Congress is committed to its reauthorization.

This important DBE program has been in existence since 1983. It was created to remedy the demonstrated history of discrimination that has existed in our Nation against minority-owned small businesses. The program was amended in 1987 to include women-owned small businesses. In 1998, Congress reauthorized the DBE program for both minorities and women, in light of an extensive record of hearings and evidence showing the effects of discrimination on the ability of disadvantaged businesses to compete on an equal basis.

Although we have made progress as a Nation in the treatment of minorities and women, the evidence shows that discrimination endures. The U.S. Department of Transportation has conducted 15 detailed disparity studies since 1998 showing ongoing discrimination against businesses owned by these groups. The studies show a statistically significant disparity between the availability of minority and women-owned businesses in government contracting, and their utilization. Courts have consistently held that such evidence is strong evidence of unlawful discrimination and of the need for the continuation of the DBE program.

There is also ample anecdotal evidence showing that discrimination in contracting still exists. Loretta Molter started her own business in Frankfort, IL, in 1987, and her business was recently named subcontractor of the year by the Illinois Department of Transportation. But in a letter that Ms. Molter wrote last year to the Women First National Legislative Committee, she stated: "Prime contractors tend to take advantage of small minority or women businesses. ..... If the goals were eliminated, general contractors would not use minority or women business owners. ..... There is a good ol boy's network, be it on the golf course, on trips, or dinner/lunch meetings."

And consider the words of Takyung Lee, an Asian-American owner of a small trucking company in Wauconda, IL. Lee submitted a statement to the city of Chicago last year that discussed the disparate treatment faced by Asian Americans in the trucking business: "When we do get jobs, we are targeted and harassed. Our drivers are stopped and checked for identification when others are not. We have to show proof of health, welfare and pension payments when other companies get away with these and other violations. ..... It seems that some people think an Asian American does not belong in the construction business. I have worked hard to prove them wrong but face discrimination and unfairness every day. I wonder how much success I could have if I did not have to fight so hard against people who are prejudiced?"

It is unfortunate that Asian Americans, women, and other participants in the DBE program must ask themselves that painful question. We can hope for a day when we have a color-blind society and equality of opportunity, but that day is not yet here. The surface transportation reauthorization bill recognizes this reality and gives new life to a program that is trying to level the playing field for those who continue to be socially and economically disadvantaged in the 21st century.

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