[Congressional Record Volume 144, Number 26 (Thursday, March 12, 1998)]
[Senate]
[Pages S1894-S1899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1997

                                 ______
                                 

                THURMOND (AND OTHERS) AMENDMENT NO. 1987

  (Ordered to lie on the table.)
  Mr. THURMOND (for himself, Mr. Graham, Mr. Mack, and Mr. Bumpers) 
submitted an amendment intended to be proposed by them to amendment No. 
1676 proposed by Mr. Chafee to the bill (S. 1173) to authorize funds 
for construction of highways, for highway safety programs, and for mass 
transit programs, and for other purposes; as follows:

       At the appropriate place, add the following:
       (d) Continuation of Operating Assistance to Certain Larger 
     Urbanized Areas.--
       (1) Provision of assistance.--Notwithstanding any other 
     provision of law, during the period described in paragraph 
     (2), the Secretary of Transportation may continue to provide 
     assistance under section 5307 of title 49, United States 
     Code, to finance the operating costs of equipment and 
     facilities for use in mass transportation in any urbanized 
     area (as that term is defined in section 5302 of title 49, 
     United States Code) with a population of not fewer than 
     200,000, if the Secretary determines that--

[[Page S1895]]

       (A) the number of the total bus revenue vehicle-miles 
     operated in or directly serving the area is less than 
     600,000; and
       (B) the number of buses operated in or directly serving the 
     area does not exceed 15.
       (2) Period described.--For purposes of paragraph (1), the 
     period described in this paragraph is the period beginning on 
     the date of enactment of this Act and ending on the earlier 
     of--
       (A) 3 years after the date of enactment of this Act; and
       (B) the date on which the Secretary determines that--
       (i) the number of the total bus revenue vehicle-miles 
     operated in or directly serving the area is greater than or 
     equal to 600,000; and
       (ii) the number of buses operated in or directly serving 
     the area exceeds 15.
                                 ______
                                 

                 BAUCUS (AND CHAFEE) AMENDMENT NO. 1988

  (Ordered to lie on the table.)
  Mr. BAUCUS (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed by them to amendment No. 1676 by Mr. Chafee to 
the bill, S. 1173, supra; as follows:

       On page 77, line 20, strike ``and II'' and insert ``, II, 
     and V''.
                                 ______
                                 

                    McCAIN AMENDMENTS NOS. 1989-1990

  (Ordered to lie on the table.)
  Mr. McCAIN submitted two amendments intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

                           Amendment No. 1989

       On page 154, line 6, strike ``1998;'' and insert ``1999;''.
       On page 154, line 7, strike ``1999;'' and insert ``2000;''.
       On page 154, line 8, strike ``2000;'' and insert ``2001;''.
       On page 154, line 9, strike ``2001;'' and insert ``2002; 
     and''.
       On page 154, line 10, strike ``2002; and'' and insert 
     ``2003;''.
       On page 154, strike line 11.
       On page 158, strike lines 1 through 19.
       On page 158, line 20, strike ``(2)'' and insert ``(1)''.
       On page 159, line 21, strike ``(3)'' and insert ``(2)''.
       On page 159, line 23, strike ``graphs (1) and (2)'' and 
     insert ``graph (1)''.
       On page 162, line 7, strike ``(C)'' and insert ``(B)''.
       On page 162, line 11, strike ``(C))'' and insert ``(B))''.
       On page 163, strike lines 24 and 25.
                                                                    ____


                           Amendment No. 1990

       On page 154, line 6, strike ``1998;'' and insert ``1999;''.
       On page 154, line 7, strike ``1999;'' and insert ``2000;''.
       On page 154, line 8, strike ``2000;'' and insert ``2001;''.
       On page 154, line 9, strike ``2001;'' and insert ``2002; 
     and''.
       On page 154, line 10, strike ``2002; and'' and insert 
     ``2003;''.
       On page 154, strike line 11.
       On page 158, strike lines 1 through 19, and insert the 
     following:
       ``(1) Fiscal year 1998.--In fiscal year 1998, an amount 
     equal to $20,000,000 of the balance remaining after the 
     distribution under subsection (a) shall be transferred to the 
     Secretary of Transportation and shall be expended for State 
     recreational boating safety programs under section 
     13106(a)(1) of title 46, United States Code.
       On page 162, line 7, strike ``(C)'' and insert ``(B)''.
       On page 162, line 11, strike ``(C))'' and insert ``(B))''.
       On page 163, strike lines 24 and 25.
       On page 164, line 24, strike ``4(b)'' and insert 
     ``4(b)(2)''.
                                 ______
                                 

                        SMITH AMENDMENT NO. 1991

  (Ordered to lie on the table.)
  Mr. SMITH of New Hampshire submitted an amendment intended to be 
proposed by him to amendment No. 1676 proposed by Mr. Chafee to the 
bill, S. 1173, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . ACCESS OF MOTORCYCLES.

       ``(a) Access of Motorcycles.--No State or political 
     subdivision of a State may restrict the access of motorcycles 
     to any highway or portion of a highway for which Federal-aid 
     highway funds have been utilized for planning, design, 
     construction, or maintenance.
                                 ______
                                 

                LEVIN (AND WELLSTONE) AMENDMENT NO. 1992

  (Ordered to lie on the table.)
  Mr. LEVIN (for himself and Mr. Wellstone) submitted an amendment 
intended to be proposed by them to amendment No. 1676 proposed by Mr. 
Chafee to the bill, S. 1173, supra; as follows:

                           Amendment No. 1992

       On page 125, lines 5 and 6, strike ``not less than 15 
     percent'' and insert ``not less than 25 percent, nor more 
     than 35 percent,''.
       On page 156, strike lines 21 through 23 and insert the 
     following:
       (B) in paragraph (3)--
       (i) in the first sentence of subparagraph (A), by striking 
     ``80'' and inserting ``82''; and
       (ii) in subparagraph (B)--
       (I) by striking ``tobe'' and inserting ``to be''; and
       (II) by adding at the end the following: ``A project under 
     this subparagraph shall be undertaken on a road that is 
     classified as below a principal arterial.''; and
       On page 274, strike lines 3 through 7 and insert the 
     following:
       ``(ii) Nonmetropolitan areas.--
       ``(I) In general.--With respect to each nonmetropolitan 
     area in the State, the program shall be developed in 
     coordination with the State, elected officials of affected 
     local governments, and elected officials of subdivisions of 
     affected local governments that have jurisdiction over 
     transportation planning, through a process developed by the 
     State that ensures participation by the elected officials.
       ``(II) Review.--Not less than once every 2 years, the 
     Secretary shall review the planning process through which the 
     program was developed under subclause (I).
       ``(III) Approval.--The Secretary shall approve the planning 
     process if the Secretary finds that the planning process is 
     consistent with this section and section 134.
       On page 286, between lines 10 and 11, insert the following:

     SEC. 1605. STUDY OF PARTICIPATION OF LOCAL ELECTED OFFICIALS 
                   IN TRANSPORTATION PLANNING AND PROGRAMMING.

       (a) Study.--The Secretary shall conduct a study on the 
     effectiveness of the participation of local elected officials 
     in transportation planning and programming.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the results of 
     the study required under subsection (a).
                                 ______
                                 

                 GRAMM (AND OTHERS) AMENDMENT NO. 1993

  (Ordered to lie on the table.)
  Mr. GRAMM (for himself, Mrs. Hutchinson, and Mr. Abraham) submitted 
an amendment intended to be proposed by them to amendment No. 1676 
proposed by Mr. Chafee to the bill, S. 1173 supra; as follows:

                           Amendment No. 1993

       Strike pages 98 and 99 and insert the following:
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--In selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under this subsection, the Secretary shall 
     consider--
       (A) the extent to which the annual volume of commercial 
     vehicle traffic at the border stations or ports of entry of 
     each State--
       (i) has increased since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182); and
       (ii) is projected to increase in the future;
       (B) the extent to which commercial vehicle traffic in each 
     State--
       (i) has increased since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182); and
       (ii) is projected to increase in the future;
       (C) the extent of border transportation improvements 
     carried out by each State since the date of enactment of that 
     Act;
       (D) the extent to which international truck-borne 
     commodities move through each State;
       (E) the reduction in commercial and other travel time 
     through a major international gateway expected as a result of 
     the proposed project; including the level of traffic delays 
     at at-grade highway crossings of major rail lines in trade 
     corridors;
       (F) the extent of leveraging of Federal funds provided 
     under this subsection, including--
       (i) use of innovative financing;
       (ii) combination with funding provided under other sections 
     of this Act and title 23, United States Code; and
       (iii) combination with other sources of Federal, State, 
     local, or private funding; including state, local and private 
     matching fund;
       (G) improvements in vehicle and highway safety and cargo 
     security in and through the gateway concerned;
       (H) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (I) the extent to which the innovative and problem solving 
     techniques of the proposed project would be applicable to 
     other border stations or ports of entry;
       (J) demonstrated local commitment to implement and sustain 
     continuing comprehensive border planning processes and 
     improvement programs; and
       (K) the value of the cargo carried by commercial vehicle 
     traffic, to the extent that the value of the cargo and 
     congestion impose economic costs on the nation's economy.

[[Page S1896]]

                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 1994-1995

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted two amendments intended to be proposed by 
him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

                           Amendment No. 1994

       On page 223, strike lines 4 and 5 and insert the following:
       (1) in subsection (a)--
       (A) by striking ``(a) Each'' and inserting the following:
       ``(a) In General.--
       ``(1) Program.--Each'';
       (B) by inserting ``, bicyclists,'' after ``motorists''; and
       (C) by adding at the end the following:
       ``(2) Hazards.--In carrying out paragraph (1), a State 
     may--
       ``(A) identify through a survey hazards to motorists, users 
     of public transportation, bicyclists, pedestrians, and 
     individuals who live or work near transportation facilities; 
     and
       ``(B) develop and implement projects and programs to 
     address the hazards.''
                                                                    ____


                           Amendment No. 1995

       On page 85, between lines 18 and 19, insert the following:
       (d) Evaluation of Procurement Practices and Project 
     Delivery.--
       (1) Study.--The Comptroller General shall conduct a study 
     to assess--
       (A) the impact that a utility company's failure to relocate 
     its facilities in a timely manner has on the delivery and 
     cost of Federal-aid highway and bridge projects;
       (B) methods States use to mitigate delays described in 
     subparagraph (A), including the use of the courts to compel 
     utility cooperation;
       (C) the prevalence and use of--
       (i) incentives to utility companies for early completion of 
     utility relocations on Federal-aid transportation project 
     sites; and
       (ii) penalties assessed on utility companies for utility 
     relocation delays on such projects;
       (D) the extent to which States have used available 
     technologies, such as subsurface utility engineering, early 
     in the design of Federal-aid highway and bridge projects so 
     as to eliminate or reduce the need for or delays due to 
     utility relocations; and
       (E)(i) whether individual States compensate transportation 
     contractors for business costs incurred by the contractors 
     when Federal-aid highway and bridge projects under contract 
     to the contractors are delayed by delays caused by utility 
     companies in utility relocations; and
       (ii) methods used by States in making any such 
     compensation.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study, including 
     any recommendations that the Comptroller General determines 
     to be appropriate as a result of the study.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1996

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 154, line 6, strike ``1998;'' and insert ``1999;''.
       On page 154, line 7, strike ``1999;'' and insert ``2000;''.
       On page 154, line 8, strike ``2000;'' and insert ``2001;''.
       On page 154, line 9, strike ``2001;'' and insert ``2002; 
     and''.
       On page 154, line 10, strike ``2002; and'' and insert 
     ``2003,''.
       On page 154, strike line 11.
       On page 158, strike lines 1 through 19, and insert the 
     following:
       ``(1) Fiscal year 1998.--In fiscal year 1998, an amount 
     equal to $20,000,000 of the balance remaining after the 
     distribution under subsection (a) shall be transferred to the 
     Secretary of Transportation and shall be expended for State 
     recreational boating safety programs under section 
     13106(a)(1) of title 46, United States Code.
       On page 162, line 7, strike ``(1)(C)'' and insert 
     ``(2)(B)''.
       On page 162, line 11, strike ``(1)(C)'' and insert 
     ``(2)(B)''.
       On page 163, strike lines 24 and 25.
       On page 164, line 24, strike ``4(b)'' and insert 
     ``4(b)(2)''.
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 1997

  (Ordered to lie on the table.)
  Ms. MOSELEY-BRAUN submitted an amendment intended to be proposed by 
her to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, 
supra; as follows:

       On page 220, after line 23, insert the following:
       ``(E) Authorization of appropriations.--There is authorized 
     to be appropriated $45,000,000 in each of fiscal years 1998 
     through 2003 to carry out this subsection.''
                                 ______
                                 

               D'AMATO (AND SARBANES) AMENDMENT NO. 1998

  Mr. CHAFEE (for Mr. D'Amato, for himself and Mr. Sarbanes) proposed 
an amendment to amendment No. 1676 proposed by Mr. Chafee to the bill 
S. 1173, supra; as follows:

       On page 55, all after line 11, insert the following:
       (A) Establishment of center--(1) Section 5317(b) of title 
     49, United States Code, is amended by adding the following 
     new paragraph:
       ``(6) The Secretary shall make grants to the University of 
     Alabama to Transportation Research Center to establish a 
     university Transportation Center.''

                     TORRICELLI AMENDMENT NO. 1999

  Mr. CHAFEE (for Mr. Torricelli) proposed an amendment to amendment 
No. 1676 propsoed by Mr. Chafee to the bill, S. 1173, supra; as 
follows:

       On page 85, between lines 18 and 19, insert the following:
       (d) Evaluation of Procurement Practices and Project 
     Delivery.--
       (1) Study.--The Comptroller General shall conduct a study 
     to assess--
       (A) the impact that a utility company's failure to relocate 
     its facilities in a timely manner has on the delivery and 
     cost of Federal-aid highway and bridge projects;
       (B) methods States use to mitigate delays described in 
     subparagraph (A), including the use of the courts to compel 
     utility cooperation;
       (C) the prevalence and use of--
       (i) incentives to utility companies for early completion of 
     utility relocations on Federal-aid transportation project 
     sites; and
       (ii) penalties assessed on utility companies for utility 
     relocation delays on such projects;
       (D) the extent to which States have used available 
     technologies, such as subsurface utility engineering, early 
     in the design of Federal-aid highway and bridge projects so 
     as to eliminate or reduce the need for or delays due to 
     utility relocations; and
       (E)(i) whether individual States compensate transportation 
     contractors for business costs incurred by the contractors 
     when Federal-aid highway and bridge projects under contract 
     to the contractors are delayed by delays caused by utility 
     companies in utility relocations; and
       (ii) methods used by States in making any such 
     compensation.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study, including 
     any recommendations that the Comptroller General determines 
     to be appropriate as a result of the study.
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 2000

  Mr. BAUCUS (for Mr. Torricelli) proposed an amendment to amendment 
No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as 
follows:

       In title III, strike section 3215 and insert the following:

     SEC. 3215. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 3214 of 
     this Act, is amended by redesignating section 5128 as section 
     5129 and by inserting after section 5127 the following:

     ``Sec. 5128. High risk hazardous material and hazardous 
       waste; motor carrier safety study

       ``(a) Study.--The Secretary of Transportation shall conduct 
     a study--
       ``(1) to determine the safety benefits and administrative 
     efficiency of implementing a Federal permit program for high 
     risk hazardous material and hazardous waste carriers;
       ``(2) to identify and evaluate alternative regulatory 
     methods and procedures that may improve the safety of high 
     risk hazardous material and hazardous waste carriers and 
     shippers, including evaluating whether an annual safety 
     fitness determination that is linked to permit renewals for 
     hazardous material and hazardous waste carriers is warranted;
       ``(3) to examine the safety benefits of increased 
     monitoring of high risk hazardous material and hazardous 
     waste carriers, and the costs, benefits, and procedures of 
     existing State permit programs;
       ``(4) to make such recommendations as may be appropriate 
     for the improvement of uniformity among existing State permit 
     programs; and
       ``(5) to assess the potential of advanced technologies for 
     improving the assessment of high risk hazardous material and 
     hazardous waste carriers' compliance with motor carrier 
     safety regulations.
       ``(b) Timeframe.--The Secretary shall begin the study 
     required by subsection (a) within 6 months after the date of 
     enactment of the Intermodal Transportation Safety Act of 1998 
     and complete it within 30 months after the date of enactment 
     of that Act.
       ``(c) Report.--The Secretary shall report the findings of 
     the study required by subsection (a), together with such 
     recommendations as may be appropriate, within 36 months after 
     the date of enactment of the Intermodal Transportation Safety 
     Act of 1998.''.
       (b) Section 5109 Regulations To Reflect Study Findings.--
     Section 5109(h) is amended by striking ``not later than 
     November 16, 1991.'' and inserting ``based upon the findings 
     of the study required by section 5128(a).''.

[[Page S1897]]

       (c) Conforming Amendment.--The chapter analysis for chapter 
     51, as amended by section 3214, is amended by striking the 
     item relating to section 5128 and inserting the following:

``5128. High risk hazardous material and hazardous waste; motor carrier 
              safety study.
``5129. Authorization of appropriations.''.
                                 ______
                                 

                       CHAFEE AMENDMENT NO. 2001

  Mr. CHAFEE proposed an amendment to amendment No. 1676 proposed by 
him to the bill, S. 1173, supra; as follows:

       On page 154, line 6, strike ``1998;'' and insert ``1999;''.
       On page 154, line 7, strike ``1999;'' and insert ``2000;''.
       On page 154, line 8, strike ``2000;'' and insert ``2001;''.
       On page 154, line 9, strike ``2001;'' and insert ``2002; 
     and''.
       On page 154, line 10, strike ``2002; and'' and insert 
     ``2003,''.
       On page 154, strike line 11.
       On pae 158, strike lines 1 through 19, and insert the 
     following:
       ``(1) Fiscal year 1998.--In fiscal year 1998, an amount 
     equal to $20,000,000 of the balance remaining after the 
     distribution under subsection (a) shall be transferred to the 
     Secretary of Transportation and shall be expended for State 
     recreational boating safety programs under section 
     13106(a)(1) of title 46, United States Code.
       On page 162, line 7, strike ``(1)(C)'' and insert 
     ``(2)(B)''.
       On page 162, line 11, strike ``(1)(C)'' and insert 
     ``(2)(B)''.
       On page 163, strike lines 24 and 25.
       On page 164, line 24, strike ``4(b)'' and insert 
     ``4(b)(2)''.
                                 ______
                                 

                       DeWINE AMENDMENT No. 2002

  Mr. CHAFEE (for Mr. DeWine) proposed an amendment to amendment No. 
1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       At the appropriate place in subtitle D of title III, insert 
     the following:

     SEC. 34____. SCHOOL TRANSPORTATION SAFETY.

       (a) Study.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into an agreement with the Transportation Research Board of 
     the National Academy of Sciences to conduct, subject to the 
     availability of appropriations, a study of the safety issues 
     attendant to the transportation of school children to and 
     from school and school-related activities by various 
     transportation modes.
       (b) Terms of Agreement.--The agreement under subsection (a) 
     shall provide that--
       (1) the Transportation Research Board, in conducting the 
     study, shall consider--
       (A) in consultation with the National Transportation Safety 
     Board, the Bureau of Transportation Statistics, and other 
     relevant entities, available crash injury data;
       (B) vehicle design and driver training requirements, 
     routing, and operational factors that affect safety; and
       (C) other factors that the Secretary considers to be 
     appropriate;
       (2) if the data referred to in paragraph (1)(A) is 
     unavailable or insufficient, the Transportation Research 
     Board shall recommend a new data collection regimen and 
     implementation guidelines; and
       (3) a panel shall conduct the study and shall include--
       (A) representatives of--
       (i) highway safety organizations;
       (ii) school transportation; and
       (iii) mass transportation operators;
       (B) academic and policy analysts; and
       (C) other interested parties.
       (c) Report.--Not later than 12 months after the Secretary 
     enters into an agreement under subsection (a), the Secretary 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that contains the results of the 
     study.
       (d) Authorization.--There are authorized to be appropriated 
     to the Department of Transportation to carry out this 
     section--
       (1) $200,000 for fiscal year 1999; and
       (2) $200,000 for fiscal year 2000.
                                 ______
                                 

                    CHAFEE AMENDMENTS NOS. 2003-2004

  Mr CHAFEE proposed two amendments to amendment No. 1676 proposed by 
him to the bill, S. 1173, supra; as follows:

                           Amendment No. 2003

       On page 77, line 20, strike ``and II'' and insert ``, II, 
     and V''.
                                                                    ____


                           Amendment No. 2004

       On page 79, between lines 13 and 14, insert the following:
       (e) Compliance With Court Orders.--Nothing in this section 
     limits the eligibility of an entity or person to receive 
     funds made available under titles I, II, and V of this Act, 
     if the entity or person is prevented, in whole or in part, 
     from complying with subsection (a) because a Federal court 
     issues a final order in which the court finds that the 
     requirement of subsection (a), or the program established 
     under subsection (a), is unconstitutional.
       (f) Review by Comptroller General.--Not later than 3 years 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall conduct a review of, and 
     publish and report to Congress findings and conclusions on, 
     the impact throughout the United States of administering the 
     requirement of subsection (a), including an analysis of--
       (1) in the case of small business concerns certified in 
     each State under subsection (d) as owned and controlled by 
     socially and economically disadvantaged individuals--
       (A) the number of the small business concerns; and
       (B) the participation rates of the small business concerns 
     in prime contracts and subcontracts funded under titles I, 
     II, and V of this Act;
       (2) in the case of small business concerns described in 
     paragraph (1) that receive prime contracts and subcontracts 
     funded under titles I, II, and V of this Act--
       (A) the number of the small business concerns;
       (B) the annual gross receipts of the small business 
     concerns; and
       (C) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (3) in the case of small business concerns described in 
     paragraph (1) that do not receive prime contracts and 
     subcontracts funded under titles I, II, and V of this Act--
       (A) the annual gross receipts of the small business 
     concerns; and
       (B) the net worth of socially and economically 
     disadvantaged individuals that own and control the small 
     business concerns;
       (4) in the case of business concerns that receive prime 
     contracts and subcontracts funded under titles I, II, and V 
     of this Act, other than small business concerns described in 
     paragraph (2)--
       (A) the annual gross receipts of the business concerns; and
       (B) the net worth of individuals that own and control the 
     business concerns;
       (5) the rate of graduation from any programs carried out to 
     comply with the requirement of subsection (a) for small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals;
       (6) the overall cost of administering the requirement of 
     subsection (a), including administrative costs, certification 
     costs, additional construction costs, and litigation costs;
       (7) any discrimination, on the basis of race, color, 
     national origin, or sex, against small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals;
       (8)(A) any other factors limiting the ability of small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals to compete for prime 
     contracts and subcontracts funded under titles I, II, and V 
     of this Act; and
       (B) the extent to which any of those factors are caused, in 
     whole or in part, by discrimination based on race, color, 
     national origin, or sex;
       (9) any discrimination, on the basis of race, color, 
     national origin, or sex, against construction companies owned 
     and controlled by socially and economically disadvantaged 
     individuals in public and private transportation contracting 
     and the financial, credit, insurance, and bond markets;
       (10) the impact on small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals of--
       (A) the issuance of a final order described in subsection 
     (e) by a Federal court that suspends a program established 
     under subsection (a); or
       (B) the repeal or suspension of State or local 
     disadvantaged business enterprise programs; and
       (11) the impact of the requirement of subsection (a), and 
     any program carried out to comply with subsection (a), on 
     competition and the creation of jobs, including the creation 
     of jobs for socially and economically disadvantaged 
     individuals.
                                 ______
                                 

                 GRAMM (AND OTHERS) AMENDMENT NO. 2005

  Mr. GRAMM (for himself, Mrs. Hutchison, and Mr. Abraham) proposed an 
amendment to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 
1173, supra; as follows:

       At the appropriate place, insert the following:
       (2) Selection of states, metropolitan planning 
     organizations, and projects to receive grants.--
     Notwithstanding any other provision of this Act, in selecting 
     States, metropolitan planning organizations, and projects to 
     receive grants under subsection 1116(d), the Secretary shall 
     consider--
       (A) the extent to which the annual volume of commercial 
     vehicle traffic at the border stations or ports of entry of 
     each State--
       (i) has increased since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182); and
       (ii) is projected to increase in the future;
       (B) the extent to which commercial vehicle traffic in each 
     State--
       (i) has increased since the date of enactment of the North 
     American Free Trade

[[Page S1898]]

     Agreement Implementation Act (Public Law 103-182); and
       (ii) is projected to increase in the future;
       (C) the extent of border transportation improvements 
     carried out by each State since the date of enactment of that 
     Act;
       (D) the extent to which international truck-borne 
     commodities move through each State;
       (E) the reduction in commercial and other travel time 
     through a major international gateway expected as a result of 
     the proposed project, including the level of traffic delays 
     at at-grade highway crossings of major rail lines in trade 
     corridors;
       (F) the extent of leveraging of Federal funds provided 
     under this subsection, including--
       (i) use of innovative financing;
       (ii) combination with funding provided under other sections 
     of this Act and title 23, United States Code; and
       (iii) combination with other sources of Federal, State, 
     local, or private funding, including State, local and private 
     matching funds;
       (G) improvements in vehicle and highway safety and cargo 
     security in and through the gateway concerned;
       (H) the degree of demonstrated coordination with Federal 
     inspection agencies;
       (I) the extent to which the innovative and problem solving 
     techniques of the proposed project would be applicable to 
     other border stations or ports of entry;
       (J) demonstrated local commitment to implement and sustain 
     continuing comprehensive border planning processes and 
     improvement programs; and
       (K) the value of the cargo carried by commercial vehicle 
     traffic, to the extent that the value of the cargo and 
     congestion impose economic costs on the nation's economy.
                                 ______
                                 

                       CHAFEE AMENDMENTS NO. 2006

  Mr WARNER (for Mr. Chafee) proposed an amendment to amendment No. 
1676 proposed by him to the bill, S. 1173, supra; as follows:

       On page 39, line 15, in the matter added by Chafee 
     Amendment No. 1311, strike ``October 6, 1997'' and insert 
     ``March 12, 1998''.
                                 ______
                                 

               LAUTENBERG (AND OTHERS) AMENDMENT NO. 2007

  Mr. WARNER (for Mr. Lautenberg, for himself, Mr. Chafee, Mr. Warner, 
Mr. Moynihan, and Mr. Smith of Oregon) proposed an amendment to 
amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; 
as follows:

       On page 91, between lines 23 and 24, insert the following:
       (1) Affected port of entry.--The term ``affected port of 
     entry'' means a seaport or airport in any State that 
     demonstrates that the transportation of cargo by rail or 
     motor carrier through the seaport or airport has increased 
     significantly since the date of enactment of the North 
     American Free Trade Agreement Implementation Act (Public Law 
     103-182).
       On page 91, line 24, strike ``(1)'' and insert ``(2)''.
       On page 92, line 5, strike ``(2)'' and insert ``(3)''.
       On page 92, line 11, strike ``(3)'' and insert ``(4)''.
       On page 92, line 17, strike ``(4)'' and insert ``(5)''.
       On page 93, line 3, strike ``(5)'' and insert ``(6)''.
       On page 93, line 6, strike ``(6)'' and insert ``(7)''.
       On page 95, line 10, before the period, insert the 
     following: ``and through affected ports of entry''.
       On page 95, line 12, insert ``and affected port of entry'' 
     after ``corridor''.
       On page 95, line 14, before the period, insert the 
     following: ``or by the State in which the affected port of 
     entry is located''.
       On page 95, strike lines 16 through 23 and insert the 
     following:
       (A) In general.--As a condition of receiving a grant under 
     paragraph (1), a State shall enter into an agreement with the 
     Secretary that specifies that, not later than 2 years after 
     receipt of the grant--
       (i) in cooperation with the other States along the 
     corridor, the State will submit a plan for corridor 
     improvements to the Secretary; or
       (ii) the State will submit a plan for affected port of 
     entry improvements to the Secretary.
       On page 98, line 19, insert ``and affected port of entry'' 
     after ``border''.
       On page 98, line 24, insert ``or affected port of entry'' 
     before ``expected''.
       On page 99, line 12, insert ``or affected port of entry'' 
     after ``gateway''.
       On page 99, line 21, insert ``or affected port of entry'' 
     after ``border''.
                                 ______
                                 

                        LOTT AMENDMENT NO. 2008

  Mr. WARNER. (for Mr. Lott) proposed an amendment to amendment No. 
1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

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

     SEC.   . REMOTE SENSING AND SPATIAL INFORMATION TECHNOLOGIES.

       (A) In General.--The Secretary shall establish and carry 
     out a program to validate remote sensing and spatial 
     information technologies for application to national 
     transportation infrastructure development and construction.
       (b) Program Stages.--
       (1) First stage.--Not later than 18 months after the date 
     of the enactment of this Act, the Secretary shall establish a 
     national policy for the use of remote sensing and spatial 
     information technologies in national transportation 
     infrastructure development and construction.
       (2) Second stage.--After establishment of the national 
     policy under paragraph (1), the Secretary shall develop new 
     applications of remote sensing and spatial information 
     technologies for the implementation of such policy.
       (c) Cooperation.--The Secretary shall carry out this 
     section in cooperation with the National Aeronautics and 
     Space Administration and a consortium of university research 
     centers.
       (d) Funding.--There is authorized to be appropriated to 
     carry out this section $10,000,000 for fiscal year 1999 and 
     $10,000,000 for each of fiscal years 2000 through 2004.
                                 ______
                                 

                           AMENDMENT NO. 2009

  Mr. WARNER (for Mr. Domenici) proposed an amendment to amendment No. 
1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       On page 100 at the end of line 14, insert: ``including the 
     deployment of technologies to detect and deter illegal 
     narcotic smuggling.''
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 2010

  Mr. WARNER (for Mrs. Feinstein) proposed an amendment to amendment 
No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as 
follows:

       On page 309, between lines 3 and 4, insert the following:

     SEC. 18____. SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE 
                   ASSESSMENT.

       (a) In General.--The Secretary shall conduct a 
     comprehensive assessment of the state of the transportation 
     infrastructure on the southwest border between the United 
     States and Mexico (referred to in this section as the 
     ``border'').
       (b) Consultation.--In carrying out subsection (a), the 
     Secretary shall consult with--
       (1) the Secretary of State;
       (2) the Attorney General;
       (3) the Secretary of the Treasury;
       (5) the Commandant of the Coast Guard;
       (6) the Administrator of General Services;
       (7) the American Commissioner on the International Boundary 
     Commission, United States and Mexico;
       (8) State agencies responsible for transportation and law 
     enforcement in border States; and
       (9) municipal governments and transportation authorities in 
     sister cities in the border area.
       (c) Requirements.--In carrying out the assessment, the 
     Secretary shall--
       (1) assess--
       (A) the flow of commercial and private traffic through 
     designated ports of entry on the border;
       (B) the adequacy of transportation infrastructure in the 
     border area, including highways, bridges, railway lines, and 
     border inspection facilities;
       (C) the adequacy of law enforcement and narcotics abatement 
     activities in the border area, as the activities relate to 
     commercial and private traffic; and
       (D) future demands on transportation infrastructure in the 
     border area; and
       (2) make recommendations to facilitate legitimate cross-
     border traffic in the border area, while maintaining the 
     integrity of the border.
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the assessment conducted under this section, 
     including any related legislative and administrative 
     recommendations.
                                 ______
                                 

                BREAUX (AND LANDRIEU) AMENDMENT NO. 2011

  Mr. WARNER (for Mr. Breaux for himself and Ms. Landrieu) proposed an 
amendment to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 
1173, supra; as follows:

       On page 309, strike line 3 and insert the following:

     designated Route.

     SEC. 18____. IDENTIFICATION OF HIGH PRIORITY CORRIDOR ROUTES 
                   IN LOUISIANA.

       Section 1105 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031) is amended--
       (1) in subsection (c)(1)--
       (A) by striking ``Corridor from Kansas'' and inserting the 
     following: ``Corridor--
       ``(A) from Kansas'';
       (B) in subparagraph (A) (as so designated), by striking the 
     period at the end and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(B) from Shreveport, Louisiana, along Interstate Route 49 
     to Lafayette, Louisiana, and along United States Route 90 to 
     the junction with Interstate Route 10 in New Orleans, 
     Louisiana.''; and

[[Page S1899]]

       (2) in subsection (e)(5)(A), by inserting ``in subsection 
     (c)(1)(B),'' after ``routes referred to''.
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 2012

  Mr. WARNER (for Mr. Torricelli) proposed an amendment to amendment 
No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as 
follows:

       On page 223, strike lines 4 and 5 and insert the following:
       (1) in subsection (a)--
       (A) by striking ``(a) Each'' and inserting the following:
       ``(a) In General.--
       ``(1) Program.--Each'';
       (B) by inserting ``, bicyclists,'' after ``motorists''; and
       (C) by adding at the end the following:
       ``(2) Hazards.--In carrying out paragraph (1), a State may, 
     at its discretion,
       ``(A) identify through a survey hazards to motorists, 
     bicyclists, pedestrians, and users of highway facilities; and
       ``(B) develop and implement projects and programs to 
     address the hazards.'';
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 2013

  Mr. WARNER (for Mr. Abraham, for himself and Mr. Levin) proposed an 
amendment to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 
1173, supra; as follows:

       On page 309, between lines 3 and 4, insert the following:

     SEC. 1802. MODIFICATION OF HIGH PRIORITY CORRIDOR.

       Section 1105(c)(18) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032) is 
     amended--
       (1) by striking ``(18) Corridor from Indianapolis,'' and 
     inserting the following:
       ``(18)(A) Corridor from Sarnia, Ontario, Canada, through 
     Port Huron, Michigan, southwesterly along Interstate Route 69 
     through Indianapolis,''; and
       (2) by adding at the end the following:
       ``(B) Corridor from Sarnia, Ontario, Canada, southwesterly 
     along Interstate Route 94 to the Ambassador Bridge 
     interchange in Detroit, Michigan.
       ``(C) Corridor from Windsor, Ontario, Canada, through 
     Detroit, Michigan, westerly along Interstate Route 94 to 
     Chicago, Illinois.''.
                                 ______
                                 

                      SESSIONS AMENDMENT NO. 2014

  Mr. WARNER (for Mr. Sessions) proposed an amendment to amendment No. 
1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

       At the end of subtitle H of title I, add the following:

     SEC. 18____. DESIGNATION OF CORRIDORS IN MISSISSIPPI AND 
                   ALABAMA AS ROUTES ON THE INTERSTATE SYSTEM.

       (a) In General.--
       (1) Designation.--Subject to subsection (b)(2), 
     notwithstanding section 103(c) of title 23, United States 
     Code, the segments described in paragraph (2) are designated 
     as routes on the Interstate System.
       (2) Segments.--The segments referred to in paragraph (1) 
     are--
       (A) the portion of Corridor V of the Appalachian 
     development highway system from Interstate Route 55 near 
     Batesville, Mississippi, to the intersection with Corridor X 
     of the Appalachian development highway system near Fulton, 
     Mississippi; and
       (B) the portion of Corridor X of the Appalachian 
     development highway system from near Fulton, Mississippi, to 
     the intersection with Interstate Route 65 near Birmingham, 
     Alabama.
       (b) Substandard Features.--
       (1) Upgrading.--Each portion of the segments described in 
     subsection (a)(2) that does not substantially meet the 
     Interstate System design standards under section 109(b) of 
     title 23, United States Code, in effect on the date of 
     enactment of this Act shall be upgraded in accordance with 
     plans and schedules developed by the applicable State.
       (2) Designation.--Each portion of the segments described in 
     subsection (a)(2) that on the date of enactment of this Act 
     does not meet the Interstate System design standards under 
     section 109(b) of that title and does not connect to a 
     segment of the Interstate System shall--
       (A) be designated as a future Interstate System route; and
       (B) become part of the Interstate System at such time as 
     the Secretary determines that the portion of the segment--
       (i) meets the Interstate System design standards; and
       (ii) connects to another segment of the Interstate System.
       (c) Treatment of Routes.--
       (1) Mileage limitation.--The mileage of the routes on the 
     Interstate System designated under subsection (a) shall not 
     be charged against the limitation established by section 
     103(c)(2) of title 23, United States Code.
       (2) Federal financial responsibility.--
       (A) In general.--Subject to subparagraph (B), the 
     designation of the routes on the Interstate System under 
     subsection (a) shall not create increased Federal financial 
     responsibility with respect to the designated segments.
       (B) Use of certain funds.--A State may use funds available 
     to the State under paragraphs (1)(C) and (3) of section 
     104(b) of title 23, United States Code, to eliminate 
     substandard features of, and to resurface, restore, 
     rehabilitate, or reconstruct, any portion of the designated 
     segments.
       (3) Eligibility for other funding.--(A) This section shall 
     not affect the amount of funding that a State shall be 
     entitled to receive under any other section of this Act or 
     under any other law.
       ``(B) Effect of provision.--Nothing in this section shall 
     result in an increase in a State's estimated cost to complete 
     the Appalachian development highway system or in the amount 
     of assistance that the State shall be entitled to receive 
     from the Appalachian Development Highway System under this 
     Act or any other Act.''.
                                 ______
                                 

            MOSELEY-BRAUN (AND FAIRCLOTH) AMENDMENT NO. 2015

  Mr. WARNER (for Ms. Moseley-Braun, for herself and Mr. Faircloth) 
proposed an amendment to amendment No. 1676 proposed by Mr. Chafee to 
the bill, S. 1173, supra; as follows:

       On page 220, after line 23, insert the following:
       ``(E) Authorization of Appropriations.--There is authorized 
     to be appropriated $45,000,000 in each of fiscal years 1998 
     through 2003 to carry out this subsection.''

                          ____________________