[Congressional Record Volume 141, Number 103 (Thursday, June 22, 1995)]
[Senate]
[Pages S8954-S8956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

                                 ______


          THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

                                 ______


                        EXON AMENDMENT NO. 1462

  Mr. EXON 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 the bill insert the following:

     SEC. 301. SHORT TITLE.

       This amendment may be cited as the ``Federal Highway and 
     Railroad Grade Crossing Safety Act of 1995''.

     SEC.   . INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

       (a) In General.--In implementing the Intelligent Vehicle-
     Highway Systems Act of 1991 (23 U.S.C. 307 note), the 
     Secretary of Transportation shall ensure that the National 
     Intelligent Vehicle-Highway Systems Program addresses, in a 
     comprehensive and coordinated manner, the use of intelligent 
     vehicle-highway technologies to promote safety at railroad-
     highway grade crossings. The Secretary of Transportation 
     shall ensure that two or more operational tests funded under 
     such Act shall promote highway traffic safety and railroad 
     safety.

     SEC.   . STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

       (a) Amendment of Regulations.--The Secretary of 
     Transportation shall conduct a rulemaking proceeding to amend 
     the regulations under section 500.407 of title 23, Code of 
     Federal Regulations, to require that each highway safety 
     management system developed, established, and implemented by 
     a State shall, among countermeasures and priorities 
     established under subsection (b)(2) of that section--
       (1) include public railroad-highway grade-crossing closure 
     plans that are aimed at eliminating high-risk or redundant 
     crossings (as defined by the Secretary);
       (2) include railroad-highway grade-crossing policies that 
     limit the creation of new at-grade crossings for vehicle or 
     pedestrian traffic, recreational use, or any other purpose; 
     and
       (3) include plans for State policies, programs, and 
     resources to further reduce death and injury at high-risk 
     railroad-highway grade crossings.
       (b) Deadline.--The Secretary of Transportation shall 
     complete the rulemaking proceeding described in subsection 
     (a) and prescribe the required amended regulations, not later 
     than one year after the date of enactment of this Act.

     SEC.   . VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--Section 31311 of title 49, United 
     States Code, is amended by 
     [[Page S 8955]] adding at the end the following new 
     subsection:
       ``(h) Grade-Crossing Violations.--
       ``(1) Sanctions.--The Secretary shall issue regulations 
     establishing sanctions and penalties relating to violations, 
     by persons operating commercial motor vehicles, of laws and 
     regulations pertaining to railroad-highway grade crossings.
       ``(2) Minimum requirements.--Regulations issued under 
     paragraph (1) shall, at a minimum, require that--
       ``(A) the penalty for a single violation shall not be less 
     than a 60-day disqualification of the driver's commercial 
     driver's license; and
       ``(B) any employer that knowingly allows, permits, 
     authorizes, or requires an employee to operate a commercial 
     motor vehicle in violation of such a law or regulation shall 
     be subject to a civil penalty of not more than $10,000.''.
       (b) Deadline.--The initial regulations required under 
     section 31310(h) of title 49, United States Code, shall be 
     issued not later than one year after the date of enactment of 
     this Act.
       (c) State Regulations.--Section 31311(a) of title 49, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(18) Grade-crossing regulations.--The State shall adopt 
     and enforce regulations prescribed by the Secretary under 
     section 31310(h) of this title.''.

     SEC.   . SAFETY ENFORCEMENT.

       (a) Cooperation Between Federal and State Agencies.--The 
     National Highway Traffic Safety Administration, and the 
     Office of Motor Carriers within the Federal Highway 
     Administration, shall on a continuing basis cooperate and 
     work with the National Association of Governors' Highway 
     Safety Representatives, the Commercial Vehicle Safety 
     Alliance, and Operation Lifesaver, Inc., to improve 
     compliance with and enforcement of laws and regulations 
     pertaining to railroad-highway grade crossings.
       (b) Report.--The Secretary of Transportation shall submit a 
     report to Congress by January 1, 1996, indicating (1) how the 
     Department worked with the above mentioned entities to 
     improve the awareness of the highway and commercial vehicle 
     safety and law enforcement communities of regulations and 
     safety challenges at railroad-highway grade crossings, and 
     (2) how resources are being allocated to better address these 
     challenges and enforce such regulations.

     SEC.   . CROSSING ELIMINATION; STATEWIDE CROSSING FREEZE.

       (a) Statement of Policy.--
       (1) Railroad-highway grade crossings present inherent 
     hazards to the safety of railroad operations and to the 
     safety of persons using those crossings. It is in the public 
     interest--
       (A) to eliminate redundant and high risk railroad-highway 
     grade crossings; and
       (B) to limit the creation of new crossings to the minimum 
     necessary to provide for the reasonable mobility of the 
     American people and their property, including emergency 
     access.
       (2) Elimination of redundant and high-risk railroad-highway 
     grade crossings is necessary to permit optimum use of 
     available funds to improve the safety of remaining crossings, 
     including funds provided under Federal law.
       (3) Effective programs to reduce the number of unneeded 
     railroad-highway grade crossings, and to close those 
     crossings that cannot be made reasonably safe (due to reasons 
     of topography, angles of intersection, etc.), require the 
     partnership of Federal, State, and local officials and 
     agencies, and affected railroads.
       (4) Promotion of a balanced national transportation system 
     requires that highway planning specifically take into 
     consideration the interface between highways and the national 
     railroad system.
       (b) Partnership and Oversight.--The Secretary shall foster 
     a partnership among Federal, State, and local transportation 
     officials and agencies to reduce the number of railroad-
     highway grade crossings and to improve safety at remaining 
     crossings. The Secretary shall make provision for periodic 
     review to ensure that each State (including State 
     subdivisions and local governments) is making substantial, 
     continued progress toward achievement of the purposes of this 
     section.
       (c) Crossing Freeze.--If, upon review, and after 
     opportunity for a hearing, the Secretary determines that a 
     State or political subdivision thereof has failed to make 
     substantial, continued progress toward achievement of the 
     purposes of this section, then the Secretary shall impose a 
     limit on the maximum number of public railroad-highway grade 
     crossings in that State. The limitation imposed by the 
     Secretary under this subsection shall remain in effect until 
     the State demonstrates compliance with the requirements of 
     this section. In addition, the Secretary may, for a period of 
     not more than 3 years after such a determination, require 
     compliance with specific numeric targets for net reductions 
     in the number of railroad-highway grade crossings (including 
     specification of hazard categories with which such crossings 
     are associated).
       (d) Regulations.--The Secretary shall issue such 
     regulations as may be necessary to carry out this section.
                                 ______


                        EXON AMENDMENT NO. 1463

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

       At the appropriate place in the bill add the following:

     SEC.   . TRUCK LENGTH AND THE NORTH AMERICAN FREE TRADE 
                   AGREEMENT.

       Any federal regulatory standard for single trailer length 
     issued pursuant to negotiations and procedures authorized 
     under the North American Free Trade Agreement, shall not 
     exceed fifty three feet.
                                 ______


                  SMITH (AND GREGG) AMENDMENT NO. 1464

  Mr. CHAFEE (for Mr. Smith for himself and Mr. Gregg) proposed an 
amendment to the bill S. 440, supra; as follows:

       At the appropriate place on the bill add the following new 
     section:

     SEC.   .

       The State of New Hampshire shall be deemed as having met 
     the safety belt use law requirements of section 153 of title 
     23 of the U.S. Code, upon certification by the Secretary of 
     Transportation that the State has achieved--
       (a) a safety belt use rate in each of fiscal years ending 
     September 30, 1995 and September 30, 1996, of not less than 
     50 percent; and
       (b) a safety belt use rate in each succeeding fiscal year 
     thereafter of not less than the national average safety belt 
     use rate, as determined by the Secretary of Transportation.
                                 ______


                WARNER (AND OTHERS) AMENDMENT. NO. 1465

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

       On page 22, between lines 2 and 3, insert the following:

     SEC. 1____. APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD 
                   PARTY SELLERS.

       Section 133(d) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(5) Applicability of certain requirements to third party 
     sellers.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), in the case of a transportation enhancement activity 
     funded from the allocation required under paragraph (2), if 
     real property or an interest in real property is to be 
     acquired from a qualified organization exclusively for 
     conservation purposes (as determined under section 170(h) of 
     the Internal Revenue Code of 1986), the organization shall be 
     considered to be the owner of the property for the purpose of 
     the Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
       ``(B) Federal approval prior to involvement of qualified 
     organization.--If Federal approval of the acquisition of the 
     real property or interest predates the involvement of a 
     qualified organization described in subparagraph (A) in the 
     acquisition of the property, the organization shall be 
     considered to be an acquiring agency or person as described 
     in section 24.101(a)(2) of title 49, Code of Federal 
     Regulations, for the purpose of the Uniform Relocation 
     Assistance and Real Property Acquisition Policies Act of 1970 
     (42 U.S.C. 4601 et seq.).
       ``(C) Acquisitions on behalf of recipients of federal 
     funds.--If a qualified organization described in subparagraph 
     (A) has contracted with a State highway administration or 
     other recipient of Federal funds to acquire the real property 
     or interest on behalf of the recipient, the organization 
     shall be considered to be an agent of the recipient for the 
     purpose of the Uniform Relocation Assistance and Real 
     Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
     seq.).''.
       On page 26, between lines 8 and 9, insert the following:
     [[Page S 8956]]   (3) Orange street bridge, missoula, 
     montana.--Notwithstanding section 149 of title 23, United 
     States Code, or any other law, a project to construct new 
     capacity for the Orange Street Bridge in Missoula, Montana, 
     shall be eligible for funding under the congestion mitigation 
     and air quality improvement program established under the 
     section.
       On page 26, between lines 13 and 14, insert the following:
       (c) Traffic Monitoring, Management, and Control Facilities 
     and Programs.--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) to establish or operate a traffic monitoring, 
     management, and control facility or program if the Secretary, 
     after consultation with the Administrator of the 
     Environmental Protection Agency, determines that the facility 
     or program is likely to contribute to the attainment of a 
     national ambient air quality standard.''.
       On page 30, strike line 14 and insert the following:

     SEC. 119. INTELLIGENT TRANSPORTATION SYSTEMS.

       On page 30, lines 15 and 16, strike ``Intelligent Vehicle-
     Highway Systems'' and insert ``Intelligent Transportation 
     Systems''.
       On page 31, lines 1 and 2, strike ``Intelligent Vehicle-
     Highway Systems'' and insert ``Intelligent Transportation 
     Systems''.
       On page 31, lines 10 and 11, strike ``intelligent vehicle-
     highway systems'' and insert ``intelligent transportation 
     systems''.
       On page 31, between lines 20 and 21, insert the following:
       (c) Conforming Amendments.--
       (1) The table in section 1107(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2048) is amended--
       (A) in item 10, by striking ``(IVHS)'' and inserting 
     ``(ITS)''; and
       (B) in item 29, by striking ``intelligent/vehicle highway 
     systems'' and inserting ``intelligent transportation 
     systems''.
       (2) Section 6009(a)(6) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2176) is amended by striking ``intelligent vehicle 
     highway systems'' and inserting ``intelligent transportation 
     systems''.
       (3) Part B of title VI of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 23 
     U.S.C. 307 note) is amended--
       (A) by striking the part heading and inserting the 
     following:

            ``PART B--INTELLIGENT TRANSPORTATION SYSTEMS'';

       (B) in section 6051, by striking ``Intelligent Vehicle-
     Highway Systems'' and inserting ``Intelligent Transportation 
     Systems'';
       (C) by striking ``intelligent vehicle-highway systems'' 
     each place it appears and inserting ``intelligent 
     transportation systems'';
       (D) in section 6054--
       (i) in subsection (a)(2)(A), by striking ``intelligent 
     vehicle-highway'' and inserting ``intelligent transportation 
     systems''; and
       (ii) in the subsection heading of subsection (b), by 
     striking ``Intelligent Vehicle-Highway Systems'' and 
     inserting ``Intelligent Transportation Systems'';
       (E) in the subsection heading of section 6056(a), by 
     striking ``IVHS'' and inserting ``ITS'';
       (F) in the subsection heading of each of subsections (a) 
     and (b) of section 6058, by striking ``IVHS'' and inserting 
     ``ITS''; and
       (G) in the paragraph heading of section 6059(1), by 
     striking ``IVHS'' and inserting ``ITS''.
       (4) Section 310(c)(3) of the Department of Transportation 
     and Related Agencies Appropriations Act, 1995 (Public Law 
     103-331; 23 U.S.C. 104 note), is amended by striking 
     ``intelligent vehicle highway systems'' and inserting 
     ``intelligent transportation systems''.
       (5) Section 109(a) of the Hazardous Materials 
     Transportation Authorization Act of 1994 (Public Law 103-311; 
     23 U.S.C. 307 note) is amended--
       (A) by striking ``Intelligent Vehicle-Highway Systems'' 
     each place it appears and inserting ``Intelligent 
     Transportation Systems''; and
       (B) by striking ``intelligent vehicle-highway system'' and 
     inserting ``intelligent transportation system''.
       (6) Section 5316(d) of title 49, United States Code, is 
     amended--
       (A) in the subsection heading, by striking ``Intelligent 
     Vehicle-Highway'' and inserting ``Intelligent 
     Transportation''; and
       (B) by striking ``intelligent vehicle-highway'' each place 
     it appears and inserting ``intelligent transportation''
       On page 33, line 19, strike ``intelligent vehicle-highway 
     systems'' and insert ``intelligent transportation systems''.
       On page 36, line 12, strike the quotation marks and the 
     following period.
       On page 36, between lines 12 and 13, insert the following:
       ``(24) State Route 168 (South Battlefield Boulevard), 
     Virginia, from the Great Bridge Bypass to the North Carolina 
     State line.''.
       On page 38, beginning on line 2, strike ``and shall not'' 
     and all that follows through ``program'' on line 4.
       On page 40, strike lines 1 through 3.
       On page 43, between lines 14 and 15, insert the following:

     SEC. 1____. REPORT ON ACCELERATED VEHICLE RETIREMENT 
                   PROGRAMS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall transmit to Congress a report evaluating the 
     effectiveness of all accelerated vehicle retirement programs 
     described in section 108(f)(1)(A)(xvi) of the Clean Air Act 
     (42 U.S.C. 7408(f)(1)(A)(xvi)) in existence on the date of 
     enactment of this Act. The report shall evaluate--
       (1) the certainties of emissions reductions gained from 
     each program;
       (2) the variability of emissions of retired vehicles;
       (3) the reduction in the number of vehicle miles traveled 
     by the vehicles retired as a result of each program;
       (4) the subsequent actions of vehicle owners participating 
     in each program concerning the purchase of a new or used 
     vehicle or the use of such a vehicle;
       (5) the length of the credit given to a purchaser of a 
     retired vehicle under each program;
       (6) equity impacts of the programs on the used car market 
     for buyers and sellers; and
       (7) such other factors as the Administrator determines 
     appropriate.
       On page 57, line 4, insert ``and'' at the end.
       On page 57, line 8, strike ``and'' at the end.
       On page 57, strike lines 9 through 11.

                                 ______


                       NICKLES AMENDMENT NO. 1466

  Mr. NICKLES 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 FROM MASS 
                   TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(m) Intercity Rail Infrastructure Investment.--Any 
     assistance provided to a State that does not have Amtrak 
     service as of date of enactment of this Act from the Mass 
     Transit Account of the Highway Trust Fund may be used for 
     capital improvements to, and operating support for, intercity 
     passenger rail service.''.
                                 ______


                       STEVENS AMENDMENT NO. 1467

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

       At the appropriate place in title I of the bill insert the 
     following new section:

     SEC.   . MORATORIUM.

       (a) In General.--Notwithstanding any other provision of 
     law, no agency of the Federal government may take any action 
     to prepare, promulgate, or implement any rule or regulation 
     addressing rights of way authorized pursuant to Revised 
     Statutes 2477 (43 U.S.C. 932), as such law was in effect 
     prior to October 21, 1976.
       (b) This section shall cease to have any force or effect 
     after December 1, 1995.
     

                          ____________________