[Congressional Record Volume 141, Number 102 (Wednesday, June 21, 1995)]
[Senate]
[Pages S8826-S8828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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          THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

                                 ______


                 SNOWE (AND OTHERS) AMENDMENT NO. 1442

  Ms. SNOWE (for herself, Mr. Campbell, Ms. Moseley-Braun, Mr. Smith, 
Mr. Feingold, Mr. Kohl, Mr. Kempthorne, Mr. Gregg, Mr. Wellstone, Mr. 
Brown, Mr. Pressler, Mr. Cohen, and Mr. Thomas) proposed an amendment 
to the bill (S. 440) to amend title 23, United States Code, to provide 
for the designation of the National Highway System, and for other 
purposes; as follows:

       At the appropriate place in title I, insert the following:

     SEC.   . ELIMINATION OF PENALTIES FOR NONCOMPLIANCE WITH 
                   MOTORCYCLE HELMET USE REQUIREMENT.

       Section 153(h) of title 23, United States Code, is amended 
     by striking ``a law described in subsection (a)(1) and'' each 
     place it appears.
                                 ______


                 CHAFEE (AND OTHERS) AMENDMENT NO. 1443

  Mr. CHAFEE (for himself, Mr. Hutchison, Mr. Lautenberg) proposed an 
amendment to amendment No. 1442 proposed by Ms. Snowe to the bill S. 
440, supra; as follows:

       Before the period at the end of the amendment insert the 
     following: ``and inserting `a law described in subsection 
     (a)(1) (except a State that by law assumes any Federal cost 
     incurred in providing medical care to treat an injury to a 
     person in a motorcycle accident, to the extent that the 
     injury is attributable to that person's failure to wear a 
     motorcycle helmet) and' ''.
                                 ______


                  ROTH (AND OTHERS) AMENDMENT NO. 1444

  Mr. ROTH (for himself, Mr. Biden, Mrs. Boxer, Mr. Chafee, Mr. Cohen, 
Mr. Jeffords, Mr. Kerry, Mr. Lautenberg, Mr. Leahy, Mr. Moynihan, Mrs. 
Murray, Mr. Specter, Mr. Pell, Ms. Snowe, and Mr. D'Amato) proposed an 
amendment to the bill S. 440, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC. 1   . INTERCITY RAIL INFRASTRUCTURE INVESTMENT.

       (a) Interstate Rail Compacts.--
       (1) Consent to compacts.--Congress grants consent to States 
     with an interest in a specific form, route, or corridor of 
     intercity passenger rail service (including high speed rail 
     service) to enter into interstate compacts to promote the 
     provision of the service, including--
       (A) retaining an existing service or commencing a new 
     service;
       (B) assembling rights-of-way; and
       (C) performing capital improvements, including--
       (i) the construction and rehabilitation of maintenance 
     facilities;
       (ii) the purchase of locomotives; and
       (iii) operational improvements, including communications, 
     signals, and other systems.
       (2) Financing.--An interstate compact established by States 
     under paragraph (1) may provide that, in order to carry out 
     the compact, the States may--
       (A) accept contributions from a unit of State or local 
     government or a person;
       (B) use any Federal or State funds made available for 
     intercity passenger rail service (except funds made available 
     for the National Railroad Passenger Corporation);
       (C) on such terms and conditions as the States consider 
     advisable--
       (i) borrow money on a short-term basis and issue notes for 
     the borrowing; and
       (ii) issue bonds; and
       (D) obtain financing by other means permitted under Federal 
     or State law.
       (b) Eligibility of Passenger Rail as Surface Transportation 
     Program Project.--Section 133(b) of title 23, United States 
     Code, is amended--
       (1) in paragraph (1), by inserting ``, railroads,'' after 
     ``highways)''; and
       (2) in paragraph (2)--
       (A) by inserting ``, all eligible activities under section 
     5311 of title 49, United States Code,'' before ``and publicly 
     owned''; [[Page S 8827]] 
       (B) by inserting ``or rail passenger'' after ``intercity 
     bus''; and
       (C) by inserting before the period at the end the 
     following: ``, including terminals and facilities owned by 
     the National Railroad Passenger Corporation''.
       (3) in paragraph 6(a), by inserting, ``and for passenger 
     rail services.''
       (c) Eligibility of Passenger Rail Under Congestion 
     Mitigation and Air Quality Improvement Program.--The first 
     sentence of section 149(b) of title 23, United States Code, 
     is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) if the project or program will have air quality 
     benefits through construction of and operational improvements 
     for intercity passenger rail facilities, operation of 
     intercity passenger rail trains, and acquisition of rolling 
     stock for intercity passenger rail service, except that not 
     more than 50 percent of the amount received by a State for a 
     fiscal year under this paragraph may be obligated for 
     operating support.''.
                                 ______


                       DORGAN AMENDMENT NO. 1445

  Mr. DORGAN proposed an amendment to the bill S. 440, supra; as 
follows:

       At the appropriate place in title I, insert the following:

     SEC. 1  . OPEN CONTAINER LAWS.

       (a) Establishment.--Chapter 1 of title 23, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 161. Open container requirements

       ``(a) Penalty.--
       ``(1) General rule.--
       ``(A) Fiscal year 1998.--If, at any time in fiscal year 
     1998, a State does not have in effect a law described in 
     subsection (b), the Secretary shall transfer 1.5 percent of 
     the funds apportioned to the State for fiscal year 1999 under 
     each of paragraphs (1), (2), and (3) of section 104(b) to the 
     apportionment of the State under section 402.
       ``(B) Fiscal years thereafter.--If, at any time in a fiscal 
     year beginning after September 30, 1998, a State does not 
     have in effect a law described in subsection (b), the 
     Secretary shall transfer 3 percent of the funds apportioned 
     to the State for the succeeding fiscal year under each of 
     paragraphs (1), (2), and (3) of section 104(b) to the 
     apportionment of the State under section 402.
       ``(b) Open Container Laws.--For the purposes of this 
     section, each State shall have in effect a law that prohibits 
     the possession of any open alcoholic beverage container, or 
     the consumption of any alcoholic beverage, in the passenger 
     area of any motor vehicle (including possession or 
     consumption by the driver of the vehicle) located on a public 
     highway, or the right-of-way of a public highway,
      in the State. If a State has in effect a law that makes the 
     possession of any open alcoholic beverage container 
     unlawful in the passenger area by the driver (but not by a 
     passenger) of a motor vehicle designed to transport more 
     than 10 passengers (including the driver) while being used 
     to provide charter transportation of passengers, the State 
     shall be deemed in compliance with subsection (a) with 
     respect to the motor vehicle for each fiscal year during 
     which the law is in effect.
       ``(c) Federal Share.--The Federal share of the cost of any 
     project carried out under section 402 with funds transferred 
     under subsection (a) to the apportionment of a State under 
     section 402 shall be 100 percent.
       ``(d) Transfer of Obligation Authority.--If the Secretary 
     transfers under subsection (a) any funds to the apportionment 
     of a State under section 402 for a fiscal year, the Secretary 
     shall allocate an amount of obligation authority distributed 
     for the fiscal year to the State for Federal-aid highways and 
     highway safety construction programs for carrying out only 
     projects under section 402 that is determined by 
     multiplying--
       ``(1) the amount of funds transferred under subsection (a) 
     to the apportionment of the State under section 402 for the 
     fiscal year; and
       ``(2) the ratio of the amount of obligation authority 
     distributed for the fiscal year to the State for Federal-aid 
     highways and highway safety construction programs to the 
     total of the sums apportioned to the State for Federal-aid 
     highways and highway safety construction (excluding sums not 
     subject to any obligation limitation) for the fiscal year.
       ``(e) Limitation on Applicability of Highway Safety 
     Obligations.--Notwithstanding any other law, no limitation on 
     the total of obligations for highway safety programs carried 
     out by the Secretary under section 402 shall apply to funds 
     transferred under subsection (a) to the apportionment of a 
     State under section 402.
       ``(f) Definitions.--In this section:
       ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
     has the meaning provided in section 158(c).
       ``(2) Motor vehicle.--The term `motor vehicle' has the 
     meaning provided in section 154(b).
       ``(3) Open alcoholic beverage container.--The term `open 
     alcoholic beverage container' has the meaning provided in 
     section 410.
       ``(4) Passenger area.--The term `passenger area' shall have 
     the meaning provided by the Secretary by regulation.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``161. Open container requirements.''.

                                 ______


                  BYRD (AND OTHERS) AMENDMENT NO. 1446

  Mr. BYRD (for himself, Mr. Exon, Mr. Bumpers, Mr. Bradley, Mr. Biden, 
Mr. Glenn, Mr. Hatfield, Mr. Dodd, Mr. Lautenberg, Mr. Johnston, Mr. 
Simon, Mr. Rockefeller, Mrs. Boxer, Mr. Daschle, Mrs. Feinstein, Mr. 
Inouye, Mr. Moynihan, Mr. Reid, Mr. Pryor, Mr. Harkin, Mr. Stevens, Mr. 
Hatch, Mr. Levin, Mr. Baucus, Mr. Warner, Mr. Wellstone, Mr. Dorgan, 
Ms. Moseley-Braun, and Mr. Pell) proposed an amendment to the bill S. 
440, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC. 1  . OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.

       Section 158(a) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Operation of motor vehicles by intoxicated minors.--
       ``(A) Fiscal year 1998.--If the condition described in 
     subparagraph (C) exists in a State as of October 1, 1998, the 
     Secretary shall withhold, on October 1, 1998, 5 percent of 
     the amount required to be apportioned to the State under each 
     of paragraphs (1), (2), (5), and (6) of section 104(b) for 
     fiscal year 1998.
       ``(B) Fiscal years thereafter.--If the condition described 
     in subparagraph (C) exists in a State as of October 1, 1999, 
     or any October 1 thereafter, the Secretary shall withhold, on 
     that October 1, 10 percent of the amount required to be 
     apportioned to the State under each of paragraphs (1), (2), 
     (5), and (6) of section 104(b) for the fiscal year beginning 
     on that October 1.
       ``(C) Condition.--The condition referred to in 
     subparagraphs (A) and (B) is that an individual under the age 
     of 21 who has a blood alcohol concentration of 0.02 percent 
     or greater when operating a motor vehicle in the State is not 
     considered to be driving while intoxicated or driving under 
     the influence of alcohol.''; and
       (2) in paragraph (2), by striking ``After the first year'' 
     and inserting ``Purchase and possession of alcoholic 
     beverages by minors''.
                                 ______


                 BAUCUS (AND OTHERS) AMENDMENT NO. 1447

  Mr. BAUCUS (for himself, Mr. McConnell, and Mr. Burns) proposed an 
amendment to the bill S. 440, supra; as follows:

       Beginning on page 28, strike line 15 and all that follows 
     through page 29, line 14.
                                 ______


                THOMAS (AND SIMPSON) AMENDMENT NO. 1448

  Mr. WARNER (for Mr. Thomas, for himself and Mr. Simpson) proposed an 
amendment to the bill S. 440, supra; as follows:

       On page 8, line 3, insert ``(a) In General.--'' before 
     ``Section''.
       On page 10, between lines 13 and 14, insert the following:
       (b) Routes Segments in Wyoming.--
       (1) In general.--The Secretary of Transportation shall 
     cooperate with the State of Wyoming in monitoring the changes 
     in growth along, and traffic patterns of, the route segments 
     in Wyoming described in paragraph (2), for the purpose of 
     future consideration of the addition of the route segments to 
     the National Highway System in accordance with paragraphs (2) 
     and (3) of section 103(c) of title 23, United States Code (as 
     added by subsection (a)).
       (2) Route segments.--The route segments referred to in 
     paragraph (1) are--
       (A) United States Route 191 from Rock Springs to Hoback 
     Junction;
       (B) United States Route 16 from Worland to Interstate Route 
     90; and
       (C) Wyoming Route 59 from Douglas to Gillette.
                                 ______


               PRESSLER (AND DASCHLE) AMENDMENT NO. 1449

  Mr. WARNER (for Mr. Pressler, for himself and Mr. Daschle) proposed 
an amendment to the bill S. 440, supra; as follows:

       Insert ``(a)'' immediately before ``Notwithstanding'' on 
     page 32, line 17.
       Insert a new subsection (b) after page 32, line 25, to read 
     as follows:
       ``(b) Upon receipt of a written notification by a State, 
     referring to its right to provide notification under this 
     subsection, the Secretary of Transportation shall waive, with 
     respect to such State, any requirement that such State use or 
     plan to use the metric system with respect to designing, 
     preparing plans, specifications and estimates, advertising, 
     or taking any other action with respect to Federal-aid 
     highway projects or activities utilizing funds authorized 
     pursuant to title 23, United States Code. Such waiver shall 
     remain effective for the State until the State [[Page S 
     8828]] notifies the Secretary to the contrary. Provided 
     further, a waiver granted by the Secretary will be in effect 
     until September 30, 2000.''
                                 ______


                       SPECTER AMENDMENT NO. 1450

  Mr. WARNER (for Mr. Specter) proposed an amendment to the bill S. 
440, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.  . CLARIFICATION OF ELIGIBILITY.

       The improvements to, the former Pocono Northeast Railway 
     Company freight rail line by the Luzerne County Redevelopment 
     Authority that are necessary to support the rail movement of 
     freight, shall be eligible for funding under sections 130, 
     144, and 149 of title 23, United States Code.
                                 ______


                        LEVIN AMENDMENT NO. 1451

  Mr. BAUCUS (for Mr. Levin) proposed an amendment to the bill S. 440, 
supra; as follows:

     SEC. 204. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL ROADS THAT 
                   HAVE A DEDICATED REVENUE SOURCE, AND FERRIES.

       Section 129 of title 23, United States Code, is amended--
       (1) by revising the title to read as follows:

     ``Sec. 129. Toll roads, bridges, tunnels, non-toll roads that 
       have a dedicated revenue source, and ferries''; and

       (2) by revising paragraph 129(a)(7) to read as follows:
       ``(7) Loans.--
       ``(A) In General.--A State may loan an amount equal to all 
     or part of the Federal share of a toll project or a non-toll 
     project that has a dedicated revenue source, specifically 
     dedicated to such project or projects under this section, to 
     a public entity constructing or proposing to construct a toll 
     facility or non-toll facility with a dedicated revenue 
     source. Dedicated revenue sources for non-toll facilities 
     include: excise taxes, sales taxes, motor vehicle use fees, 
     tax on real property, tax increment financing, or such other 
     dedicated revenue source as the Secretary deems appropriate.
                                 ______


                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1452

  Mr. WARNER (for Mr. Abraham, for himself and Mr. Levin) proposed an 
amendment to the bill S. 440, supra; as follows:

       Strike lines 7 through 10 on page 33 and insert the 
     following:
       ``(5)(A) I-73/74 North South Corridor from Charleston, 
     South Carolina, through Winston-Salem, North Carolina, to 
     Portsmouth, Ohio, to Cincinnati, Ohio, to termini at Detroit, 
     Michigan, and Sault Ste. Marie, Michigan.
                                 ______


                BREAUX (AND JOHNSTON) AMENDMENT NO. 1453

  Mr. BAUCUS (for Mr. Breaux and Mr. Johnston) proposed an amendment to 
the bill S. 440, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC. 1____. TRANSFER OF FUNDS BETWEEN CERTAIN DEMONSTRATION 
                   PROJECTS IN LOUISIANA.

       Notwithstanding any other law, the funds available for 
     obligation to carry out the project in West Calcasieu Parish, 
     Louisiana, authorized by section 149(a)(87) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (Public Law 100-17; 101 Stat. 194) shall be made available 
     for obligation to carry out the project for Lake Charles, 
     Louisiana, authorized by item 17 of the table in section 
     1106(a)(2) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2038).
                                 ______


                       BUMPERS AMENDMENT NO. 1454

  Mr. BAUCUS (for Mr. Bumpers) proposed an amendment to the bill S. 
440, supra; as follows:

       At the appropriate place, insert the following;

     SEC.   . NORTHWEST ARKANSAS REGIONAL AIRPORT CONNECTOR.

       Notwithstanding any other provision of law, the Federal 
     share for the intermodal connector to the Northwest Arkansas 
     Regional Airport from U.S. Highway 71 in Arkansas shall be 95 
     percent.
                                 ______


                       STEVENS AMENDMENT NO. 1455

  Mr. WARNER (for Mr. Stevens) proposed an amendment to the bill S. 
440, supra; as follows:

       On page 36, on line 12, strike the quotation mark and 
     second period and insert:
       ``(24) The Dalton Highway from Deadhorse, Alaska to 
     Fairbanks, Alaska.''.
                                 ______


                        BOXER AMENDMENT NO. 1456

  Mr. CHAFEE (for Mrs. Boxer) proposed an amendment to the bill S. 440, 
supra; as follows:

       In the appropriate place, insert the following: ``At the 
     end of section 5309(g)(4) of title 49, U.S.C., add the 
     following new sentence: `The Secretary may enter future 
     obligations in excess of 50 percent of said uncommitted cash 
     balance for the purpose of contingent commitments for 
     projects authorized under section 3032 of Public Law 102-
     240.' ''
                                 ______


                 FRIST (AND OTHERS) AMENDMENTS NO. 1457

  Mr. CHAFEE (for Mr. Frist for himself, Mr. Faircloth, Mr. Helms, and 
Mr. Thompson) proposed an amendment to the bill S. 440, supra; as 
follows:

       On page 26, line 3, strike ``1995'' and insert ``1994''.
       On page 26, line 8, strike ``1995'' and insert ``1994''.
       On page 26, between lines 13 and 14, insert the following:
       (c) Effect of Limitation on Apportionment.--Notwithstanding 
     any other law, for each of fiscal years 1996 and 1997, any 
     limitation under this section or an amendment made by this 
     section on an apportionment otherwise authorized under 
     section 1003(a)(4) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1919) 
     shall not affect any hold harmless apportionment adjustment 
     under section 1015(a) of the Act (Public Law 102-240; 105 
     Stat. 1943).
                                 ______


                 COHEN (AND OTHERS) AMENDMENTS NO. 1458

  Mr. BAUCUS (for Mr. Cohen for himself, Mr. Kerry, and Ms. Snowe) 
proposed an amendment to the bill S. 440, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC. 1____. AVAILABILITY OF CERTAIN FUNDS FOR BOSTON-TO-
                   PORTLAND RAIL CORRIDOR.

       Section 5309 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(p) Boston-To-Portland Rail Corridor.--Notwithstanding 
     any other provision of law, up to $3,600,000 of the funds 
     made available under this section for the rail corridor 
     between Boston, Massachusetts and Portland, Maine may be used 
     to pay for operating costs arising in connection with such 
     rail corridor under section 5333(b).''.
                                 ______


                 INOUYE (AND AKAKA) AMENDMENT NO. 1459

  Mr. BAUCUS (for Mr. Inouye for himself and Mr. Akaka) proposed an 
amendment to the bill S. 440, supra; as follows:

       At the appropriate place, in title I, insert the following:

     SEC. 1  . REVISION OF AUTHORITY OF MULTIYEAR CONTRACTS.

       Section 3035(ww) of Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2136) 
     is amended by adding at the end the following: ``Of the funds 
     provided by this subsection, $100,000,000 is authorized to be 
     appropriated for regionally significant ground transportation 
     projects in the State of Hawaii.''.
                                 ______


                JOHNSTON (AND BREAUX) AMENDMENT NO. 1460

  Mr. BAUCUS (for Mr. Johnston for himself and Mr. Breaux) proposed an 
amendment to the bill S. 440, supra; as follows:

       Add new section as follows:
       Notwithstanding any other provisions of law, section 
     1105(e)(2) of Public Law 102-240 is amended by adding at the 
     end the following new sentence: ``A feasibility study may be 
     conducted under this subsection to identify routes that will 
     expedite future emergency evacuations of coastal areas of 
     Louisiana.''
                                 ______


               GRAMS (AND WELLSTONE) AMENDMENTS NO. 1461

  Mr. WARNER (for Mr. Grams for himself and Mr. Wellstone) proposed an 
amendment to the bill S. 440, supra; as follows:

       At the appropriate place in title I, insert the following:

     SEC. 1  . 34TH STREET CORRIDOR PROJECT IN MOORHEAD, 
                   MINNESOTA.

       Section 149(a)(5)(A) of the Surface Transportation and 
     Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 
     101 Stat. 181) is amended--
       (1) in clause (i), by striking ``and'' at the end; and
       (2) by inserting ``and (iii) a safety overpass,'' after 
     ``interchange,''.
     

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