[Congressional Record Volume 142, Number 115 (Wednesday, July 31, 1996)]
[Senate]
[Pages S9305-S9306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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 THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS 
                               ACT, 1997

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                 BAUCUS (AND OTHERS) AMENDMENT NO. 5141

  Mr. BAUCUS (for himself, Mr. Bingaman, Mr. Grassley, and Mr. reid) 
proposed an amendment to the bill (H.R. 3675) making appropriations for 
the Department of Transportation and related agencies for the fiscal 
year ending September 30, 1997, and for other purposes; as follows:

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

     SEC. 3  . CALCULATION OF FEDERAL-AID HIGHWAY APPORTIONMENTS 
                   AND ALLOCATIONS.

       (a) In General.--Except as provided in subsection (b), for 
     fiscal year 1997, the Secretary of Transportation shall 
     determine the Federal-aid highway apportionments and 
     allocations to a State without regard to the approximately 
     $1,596,000,000 credit to the Highway Trust Fund (other than 
     the Mass Transit Account) of estimated taxes paid by States 
     that was made by the Secretary of the Treasury for fiscal 
     year 1995 in correction of an accounting error made in fiscal 
     year 1994.
       (b) Adjustments for Effects in 1996.--The Secretary of 
     Transportation shall, for each State--
       (1) determine whether the State would have been apportioned 
     and allocated an increased or decreased amount for Federal-
     aid highways for fiscal year 1996 if the accounting error 
     referred to in subsection (a) had not been made (which 
     determination shall take into account the effects of section 
     1003(c) of the Intermodal Surface Transportation efficiency 
     Act of 1991 (Public law 1002-240; 105 Stat. 1921)); and
       (2) after apportionments and allocations are determined in 
     accordance with subsection (a)--
       (A) adjust the amount apportioned and allocated to the 
     State for Federal-aid highways for fiscal year 1997 by the 
     amount of the increase or decrease; and
       (B) adjust accordingly the obligation limitation for 
     Federal-aid highways distributed to the State under this Act.
       (c) No Effect on 1996 Distributions.--Nothing in this 
     section shall affect any apportionment, allocation, or 
     distribution of obligation limitation, or reduction thereof, 
     to a State for Federal-aid highways for fiscal year 1996.
       (d) Effective Date.--This section shall take effect on 
     September 30, 1996.
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                      WELLSTONE AMENDMENT NO. 5142

  Mr. LAUTENBERG (for Mr. Wellstone) proposed an amendment to the bill, 
H.R. 3675, supra; as follows:

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

     SEC. 4   . TRANSFER OF FUNDS AMONG MINNESOTA HIGHWAY 
                   PROJECTS.

       (a) In General.--Such portions of the amounts appropriated 
     for the Minnesota highway projects described in subsection 
     (b) that have not been obligated as of December 31, 1996, 
     may, at the option of the Minnesota Department of 
     Transportation, be made available to carry out the 34th 
     Street Corridor Project in Moorhead, Minnesota, authorized by 
     section 149(a)(5)(A)(iii) of the Surface Transportation and 
     Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 
     101 Stat. 181) (as amended by section 340(a) of the National 
     Highway System Designation Act of 1995 (Public Law 104-59; 
     109 Stat. 607)).
       (b) Projects.--The Minnesota highway projects described in 
     this subsection are--
       (1) the project for Saint Louis County authorized by 
     section 149(a)(76) of the Surface Transportation and Uniform 
     Relocation Assistance Act of 1987 (Public Law 100-17; 101 
     Stat. 192); and
       (2) the project for Nicollet County authorized by item 159 
     of section 1107(b) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2056).
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                 WYDEN (AND OTHERS) AMENDMENT NO. 5143

  Mr. LAUTENBERG (for Mr. Wyden, for himself, Mr. Kerry, and Ms. 
Moseley-Braun) proposed an amendment to the bill, H.R. 3675, supra; as 
follows:

       At the appropriate place, insert the following new section:

     SEC.   . TRAIN WHISTLE REQUIREMENTS.

       No funds shall be made available to implement the 
     regulations issued under section 20153(b) of title 49, United 
     States Code, requiring audible warnings to be sounded by a 
     locomotive horn at highway-rail grade crossings, unless--
       (1) in implementing the regulations or providing an 
     exception to the regulations under section 20153(c) of such 
     title, the Secretary of Transportation takes into account, 
     among other criteria--
       (A) the interests of the communities that have in effect 
     restrictions on the sounding of a locomotive horn at highway-
     rail grade crossings as of July 30, 1996; and
       (B) the past safety record at each grade crossing involved; 
     and
       (2) whenever the Secretary determines that supplementary 
     safety measures (as that term is defined in section 20153(a) 
     of title 49, United States Code) are necessary to provide an 
     exception referred to in paragraph (1), the Secretary--
       (A) having considered the extent to which local communities 
     have established public awareness initiatives and highway-
     rail crossing traffic law enrollment programs allows for a 
     period of not to exceed 3 years, beginning on the date of 
     that determination, for the installation of those measures; 
     and
       (B) works in partnership with affected communities to 
     provide technical assistance and to develop a reasonable 
     schedule for the installation of those measures.
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                  LAUTENBERG AMENDMENTS NOS. 5144-5145

  Mr. LAUTENBERG proposed two amendments to the bill, H.R. 3675, supra; 
as follows:

                           Amendment No. 5144

       On page 19, strike lines 10 through 12 and insert ``For the 
     cost of direct loans, $8,000,000, as authorized by 23 United 
     States Code 108.''
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                           Amendment No. 5145

       On page 60, line 20, strike ``103-311'' and insert ``103-
     331''.
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                 COHEN (AND OTHERS) AMENDMENT NO. 5146

  Mr. COHEN (for himself, Ms. Snowe, Mr. Smith, and Mr. Gregg) proposed 
an amendment to the bill, H.R. 3675, supra; as follows:

       Insert at the appropriate place:
       ``No funds appropriated under this act shall be used to 
     levy penalties prior to September 1, 1997 on the States of 
     Maine or New Hampshire based on non-compliance with federal 
     vehicle weight limitations''.
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                 GRAMM (AND OTHERS) AMENDMENT NO. 5147

  Mr. GRAMM (for himself, Mr. Bond, Mr. Coats, Mr. Abraham, Mr. 
Faircloth, Mrs. Hutchison, Mr. Levin, Mr. Warner, and Mr. Helms) 
proposed an amendment to amendment No. 5141

[[Page S9306]]

proposed by Mr. Baucus to the bill, H.R. 3675, supra; as follows:

       At the end of the amendment, add the following:
       Sec.  . Prior to September 30, 1996, the Secretary of the 
     Treasury and the Secretary of Transportation shall conduct a 
     review of the reporting of excise tax data by the Department 
     of the Treasury to the Department of Transportation for 
     fiscal year 1994 and its impact on the allocation of Federal 
     aid highways.
       If the President certifies that all of the following 
     conditions are met:
       1. A significant error was made by Treasury in its estimate 
     of Highway Trust Fund revenues collected in fiscal year 1994;
       2. The error is fundamentally different from errors 
     routinely made in such estimates in the past;
       3. The error is significant enough to justify that fiscal 
     year 1997 apportionments and allocations of highway trust 
     funds be adjusted; and finds that the provision in B 
     appropriately corrects these deficiencies, then subsection B 
     will be operative.
       (b) Calculation of Federal-Aid Highway Apportionments and 
     Allocations.--(1) In General.--Except as provided in 
     paragraph (2), for fiscal year 1997, the Secretary of 
     Transportation shall determine that Federal-aid highway 
     apportionments and allocations to a State without regard to 
     the approximately $1,596,000,000 credit to the Highway Trust 
     Fund (other than the Mass Transit Account) of estimated taxes 
     paid by States that was made by the Secretary of the Treasury 
     for fiscal year 1995 in correction of an accounting error 
     made in fiscal year 1994.
       (2) Adjustments for effects in 1996.--The Secretary of 
     Transportation shall, for the State--
       (A) determine whether the State would have been apportioned 
     and allocated an increased or decreased amount for Federal-
     aid highways for fiscal year 1996 if the accounting error 
     referred to in paragraph (1) had not been made (which 
     determination shall take into account the effects of section 
     1003(c) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (Public Law 102-240; 105 Stat. 1921)); and
       (B) after apportionments and allocations are determined in 
     accordance with paragraph (1)--
       (i) adjust the amount apportioned and allocated to the 
     State for Federal-aid highways for fiscal year 1997 by the 
     amount of the increase or decrease; and
       (ii) adjust accordingly the obligation limitation for 
     Federal-aid highways distributed to the State under this Act.
       (3) No effect on 1996 distributions.--Nothing in this 
     section shall affect any apportionment, allocation, or 
     distribution of obligation limitation, or reduction thereof, 
     to a State for Federal-aid highways for fiscal year 1996.
       (4) Effective date.--This section shall take effect on 
     September 30, 1996.

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