[Congressional Record Volume 147, Number 106 (Thursday, July 26, 2001)]
[Senate]
[Pages S8294-S8299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1158. Mr. DAYTON (for himself and Mr. Wellstone) submitted an 
amendment intended to be proposed to amendment SA 1025 submitted by 
Mrs. Murray and intended to be proposed to the bill (H.R. 2299) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 81, between lines 13 and 14, insert the following:

     SEC. 3  . PRIORITY HIGHWAY PROJECTS, MINNESOTA.

       In selecting projects to carry out using funds apportioned 
     under section 110 of title 23, United States Code, the State 
     of Minnesota shall give priority consideration to the 
     following projects:
       (1) The Southeast Main and Rail Relocation Project in 
     Moorhead, Minnesota.
       (2) Improving access to and from I-35 W at Lake Street in 
     Minneapolis, Minnesota.
                                  ____

  SA 1159. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows;

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective one day after the date 
     of enactment of this Act.''.
                                  ____

  SA 1160. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective one day after the date 
     of enactment of this Act.''.
                                  ____

  SA 1161. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective one day after the date 
     of enactment of this Act.''.
                                  ____

  SA 1162. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective two days after the 
     date of enactment of this Act.''.
                                  ____

  SA 1163. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective three days after the 
     date of enactment of this Act.''.
                                  ____

  SA 1164. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective four days after the 
     date of enactment of this Act.''.
                                  ____

  SA 1165. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That this provision shall be effective five days after the 
     date of enactment of this Act.''.
                                  ____

  SA 1166. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies

[[Page S8295]]

for the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That notwithstanding any other provision of this Act, and 
     consistent with United States obligations under the North 
     American Free Trade Agreement, nothing in this Act shall be 
     applied so as to discriminate against Mexico by imposing any 
     requirements on a Mexican motor carrier that seeks to operate 
     in the United States that do not exist with regard to United 
     States and Canadian motor carriers, in recognition of the 
     fact that the North American Free Trade Agreement is an 
     agreement among three free and equal nations, each of which 
     has recognized rights and obligations under that trade 
     agreement.''.
                                  ____

  SA 1167. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That effective one day after the date of enactment of this 
     Act, notwithstanding any other provision of this Act, and 
     consistent with United States obligations under the North 
     American Free Trade Agreement, nothing in this Act shall be 
     applied so as to discriminate against Mexico by imposing any 
     requirements on a Mexican motor carrier that seeks to operate 
     in the United States that do not exist with regard to United 
     States and Canadian motor carriers, in recognition of the 
     fact that the North American Free Trade Agreement is an 
     agreement among three free and equal nations, each of which 
     has recognized rights and obligations under that trade 
     agreement.''.
                                  ____

  SA 1168. Mr. GRAMM proposed an amendment to amendment SA 1030 
submitted by Mrs. Murray and intended to be proposed to the amendment 
SA 1025 proposed by Mrs. Murray to the bill (H.R. 2299) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That notwithstanding any other provision of Act, nothing in 
     this Act shall be applied in a manner that the President 
     finds to be in violation of the North American Free Trade 
     Agreement.''
                                  ____

  SA 1169. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That effective one day after the date of enactment of this 
     Act, not withstanding any other provision of Act, nothing in 
     this Act shall be applied in a manner that the President 
     finds to be in violation of the North American Free Trade 
     Agreement.''
                                  ____

  SA 1170. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 2299, making appropriations for the Department 
of Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the matter proposed to be inserted, insert 
     the following:
       Sec.  . General Mitchell International Airport in 
     Milwaukee, Wisconsin shall be considered as an alternative 
     airport in any plan relating to alleviating congestion at 
     O'Hare International Airport.
                                  ____

  SA 1171. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place in the amendment, insert the 
     following:
       Sec. 343. Safety of Cross-Border Trucking Between United 
     States and NAFTA Countries.
       (a) Study by Secretary of Transportation.--
       (1) In general.--The Secretary of Transportation shall 
     conduct a study on the extent to which motor carriers from a 
     NAFTA country currently operating in the United States, or 
     applying for a long-haul permit to operate in the United 
     States, meet or exceed the safety standards required for 
     United States motor carriers.
       (2) Report.--
       (A) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall report to Congress 
     on the results of the study conducted under paragraph (1).
       (B) Contents.--The report shall specify whether, according 
     to the Department of Transportation standards relating to 
     inspected motor carriers that are ordered off the road, the 
     motor carriers from each of the NAFTA countries--
       (i) meet or exceed the Department of Transportation 
     standards compared to United States motor carriers; or
       (ii) have a failure rate greater than United States motor 
     carriers.
       (3) Action based on report.--If the report described in 
     paragraph (2) establishes that the motor carriers from a 
     NAFTA country meet or exceed United States motor carrier 
     standards, subsection (b) shall not apply with respect to the 
     motor carriers of that country. If the report establishes 
     that the motor carriers of a NAFTA country have a greater 
     rate of failure than United States motor carriers, the 
     provisions of subsection (b) shall apply with respect to the 
     motor carriers of that country for fiscal year 2002.
       (4) NAFTA country.--For purposes of this section, the term 
     ``NAFTA country'' has the meaning given that term in section 
     2(4) of the North American Free Trade Agreement 
     Implementation Act.
       (b) Review and Processing Certain Applications.--In the 
     case of a NAFTA country whose motor carriers have a greater 
     rate of failure of the Department of Transportation 
     inspections pursuant to the report described in subsection 
     (a), no funds limited or appropriated in this Act may be 
     obligated or expended for the review or processing of an 
     application by a motor carrier from that NAFTA country for 
     authority to operate beyond United States municipalities and 
     commercial zones on the United States border with that 
     country until--
       (1) the Federal Motor Carrier Safety Administration--
       (A) performs a full safety compliance review of the carrier 
     consistent with the safety fitness evaluation procedures set 
     forth in part 385 of title 49, Code of Federal Regulations, 
     and gives the carrier a satisfactory rating before granting 
     conditional and, again, before granting permanent authority 
     to any such carrier;
       (B) requires that any such safety compliance review take 
     place onsite at the motor carrier facilities of the NAFTA 
     country;
       (C) requires Federal and State inspectors to verify 
     electronically the status and validity of the license of each 
     driver of a commercial motor carrier from the NAFTA country 
     crossing the border;
       (D) gives a distinctive Department of Transportation number 
     to each motor carrier from that NAFTA country operating 
     beyond the commercial zone to assist inspectors in enforcing 
     motor carrier safety regulations including hours-of-service 
     rules under part 395 of title 49, Code of Federal 
     Regulations;
       (E) requires State inspectors whose operations are funded 
     in part or in whole by Federal funds to check for violations 
     of Federal motor carrier safety laws and regulations, 
     including those pertaining to operating authority and 
     insurance;
       (F) requires State inspectors who detect violations of 
     Federal motor carrier safety laws or regulations to enforce 
     them or notify Federal authorities of such violations;
       (G) equips all United States border crossings with that 
     NAFTA country with Weigh-In-Motion (WIM) systems as well as 
     fixed scales suitable for enforcement action and requires 
     that inspectors verify by either means the weight of each 
     commercial vehicle entering the United States at such a 
     crossing;
       (H) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure that no motor carrier from 
     that NAFTA country will be granted authority to operate 
     beyond United States municipalities and commercial zones on 
     the United States border with that country unless that 
     carrier provides proof of valid insurance with an insurance 
     company licensed and based in the United States; and
       (I) publishes in final form regulations--
       (i) under section 210(b) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31144 nt.) that establish 
     minimum requirements for motor carriers from that NAFTA 
     country, including foreign motor carriers, to ensure they are 
     knowledgeable about Federal safety standards, that include 
     the administration of a proficiency examination;
       (ii) under section 31148 of title 49, United States Code, 
     that implement measures to improve training and provide for 
     the certification of motor carrier safety auditors;
       (iii) under sections 218(a) and (b) of that Act (49 U.S.C. 
     31133 nt.) establishing standards for the determination of 
     the appropriate number of Federal and State motor carrier 
     inspectors for the United States border with that NAFTA 
     country;
       (iv) under section 219(d) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from leasing vehicles to 
     another carrier to transport products to the United States 
     while the lessor is subject to a suspension, restriction, or 
     limitation on its right to operate in the United States;
       (v) under section 219(a) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from operating in the 
     United States that is found to have operated illegally in the 
     United States; and
       (vi) under which a commercial vehicle operated by a motor 
     carrier from that NAFTA country may not enter the United 
     States at a border crossing unless an inspector is on duty; 
     and

[[Page S8296]]

       (2) the Department of Transportation Inspector General 
     certifies in writing that--
       (A) all new inspector positions funded under this Act have 
     been filled and the inspectors have been fully trained;
       (B) each inspector conducting on-site safety compliance 
     reviews in a NAFTA country consistent with the safety fitness 
     evaluation procedures set forth in part 385 of title 49, Code 
     of Federal Regulations, is fully trained as a safety 
     specialist;
       (C) the requirement of subparagraph (B) has not been met by 
     transferring experienced inspectors from other parts of the 
     United States to the United States border with a NAFTA 
     country, undermining the level of inspection coverage and 
     safety elsewhere in the United States;
       (D) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure compliance with hours-of-
     service rules under part 395 of title 49, Code of Federal 
     Regulations, by motor carriers from NAFTA countries seeking 
     authority to operate beyond United States municipalities and 
     commercial zones on the United States border ;
       (E) the information infrastructure of the government of the 
     NAFTA country is sufficiently accurate, accessible, and 
     integrated with that of United States law enforcement 
     authorities to allow United States authorities to verify the 
     status and validity of licenses, vehicle registrations, 
     operating authority and insurance of motor carriers from that 
     NAFTA country while operating in the United States, and that 
     adequate telecommunications links exist at all United States-
     NAFTA country border crossings used by motor carrier 
     commercial vehicles from that NAFTA country, and in all 
     mobile enforcement units operating adjacent to the border, to 
     ensure that licenses, vehicle registrations, operating 
     authority and insurance information can be easily and quickly 
     verified at border crossings or by mobile enforcement units;
       (F) there is adequate capacity at each United States-NAFTA 
     country border crossing used by motor carrier commercial 
     vehicles from that NAFTA country to conduct a sufficient 
     number of meaningful vehicle safety inspections and to 
     accommodate vehicles placed out-of-service as a result of 
     said inspections;
       (G) there is an accessible database containing sufficiently 
     comprehensive data to allow safety monitoring of all motor 
     carriers from that NAFTA country that apply for authority to 
     operate commercial vehicles beyond United States 
     municipalities and commercial zones on the United States-
     NAFTA country border and the drivers of those vehicles; and
       (H) measures are in place in the NAFTA country, similar to 
     those in place in the United States, to ensure the effective 
     enforcement and monitoring of license revocation and 
     licensing procedures.
                                  ____

  SA 1172. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That notwithstanding any other provision of Act, nothing in 
     this Act shall be applied in a manner that the Inspector 
     General of the Department of Transportation certifies to be 
     in violation of the North American Free Trade Agreement.''
                                  ____

  SA 1173. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That notwithstanding any other provision of Act, nothing in 
     this Act shall be applied in a manner that the Department of 
     Transportation Inspector General certifies to be in violation 
     of the United States' obligations regarding the granting of 
     operating authority to Mexican motor carriers.''
                                  ____

  SA 1174. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following: ``Provided, 
     That notwithstanding any other provision of Act, nothing in 
     this Act shall be applied in a manner that the President 
     finds to be in violation of the United States' obligations 
     regarding the granting of operating authority to Mexican 
     motor carriers.''
                                  ____

  SA 1175. Mr. FITZGERALD (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 1071 submitted by Mr. 
Fitzgerald and intended to be proposed to the bill (H.R. 2299) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       In the matter proposed to be inserted, strike ``preserving 
     service at Chicago Meigs Airport (`Meigs Field'),'' and 
     insert ``preserving and utilizing existing Chicago-area 
     reliever and general aviation airports,''.
                                  ____

  SA 1176. Ms. SNOWE (for herself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 1130 submitted by Ms. 
Collins and intended to be proposed to the bill (H.R. 2299) making 
appropriations for the Department of Transportation and related 
agencies for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       After ``Coast Guard.'' add the following: ``No percentage 
     limitation on funds made available for depot-level 
     maintenance and repair workload may be imposed as a result of 
     this section.''.
                                  ____

  SA 1177. Ms. SNOWE (for herself, Mr. McCain, Mr. Breaux, and Ms. 
Collins) submitted an amendment intended to be proposed to amendment SA 
1132 submitted by Ms. Collins and intended to be proposed to the bill 
(H.R. 2299) making appropriations for the Department of Transportation 
and related agencies for the fiscal year ending September 30, 2002, and 
for other purposes; which was ordered to lie on the table; as follows:

       Add before the period the following: ``and insert the 
     following:
       Sec. 332, Notwithstanding any other provision of this Act, 
     section 328 shall have no force or effect.
                                  ____

  SA 1178. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this Act, no 
     provision of this Act shall be implemented in a manner that 
     imposes additional requirements on Mexican nationals not 
     imposed on Canadian nationals.
                                  ____

  SA 1179. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this Act, no 
     provision of this Act shall be implemented in a manner that 
     treats Mexican nationals differently from Canadian nationals.
                                  ____

  SA 1180. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this Act, no 
     provision of this Act shall be implemented in a manner that 
     treats Mexican nationals differently from Canadian nationals.
                                  ____

  SA 1181. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this Act, no 
     provision of this Act shall be implemented in a manner that 
     treats Mexican nationals differently from Canadian nationals 
     effective one day after the date of enactment of this Act.
                                  ____

  SA 1182. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this Act, no 
     provision of this Act shall be implemented in a manner that 
     impose additional requirements on Mexican nationals

[[Page S8297]]

     than imposed on Canadian nationals effective one day after 
     the date of enactment of this Act.
                                  ____

  SA 1183. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provision of this Act, no 
     provision of this Act shall be implemented in a manner that 
     treats Mexican nationals differently from Canadian nationals 
     effective one day after the date of enactment of this Act.
                                  ____

  SA 1184. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 2299, making appropriations for 
the Department of Transportation and related agencies for the fiscal 
year ending September 30, 2002, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. ____. SENSE OF THE SENATE ON FUNDING FOR THE NATIONAL 
                   SCENIC BYWAYS PROGRAM.

       (a) Findings.--The Senate finds that--
       (1) Congress authorized the national scenic byways program 
     (referred to in this section as the ``program'') under 
     section 1219 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 219), which added section 162 of title 23, 
     United States Code, to identify and recognize roads that have 
     outstanding scenic, historic, cultural, natural, 
     recreational, and archaeological qualities;
       (2) the program directs that, upon nomination by a State or 
     a Federal land management agency, the Secretary of 
     Transportation has authority to designate roads to be 
     recognized under the program as All-American Roads or 
     National Scenic Byways;
       (3) the program provides discretionary grants for--
       (A) scenic byway projects on an All-American Road, a 
     National Scenic Byway, or a State-designated scenic byway; 
     and
       (B) planning, designing, and developing State scenic byway 
     programs;
       (4) Congress established priorities and eligibility 
     criteria for the program in order to ensure that a project 
     protects the scenic, historic, cultural, natural, 
     recreational, and archaeological integrity of a highway and 
     adjacent areas;
       (5) using the criteria and guidance authorized under 
     section 162 of title 23, United States Code, the Secretary of 
     Transportation applies a competitive selection process to 
     make grants to a wide variety of projects, with the project 
     funding requests for each year being 3 times the amount of 
     available funds;
       (6) since authorization of the program under the 
     Transportation Equity Act for the 21st Century, the Secretary 
     of Transportation has received applications totaling over 
     $60,000,000 each year, and has distributed grants totaling 
     over $20,000,000 for each fiscal year, of which--
       (A) in fiscal year 1999, 242 projects were funded out of 
     286 projects requested from 39 States;
       (B) in fiscal year 2000, 122 projects were funded out of 
     262 projects requested from 42 States; and
       (C) in fiscal year 2001, 142 projects were funded out of 
     288 projects requested from 43 States;
       (7) for fiscal year 2002, the Secretary of Transportation 
     has received application requests for 281 projects from 41 
     States;
       (8) for the first time since the Transportation Equity Act 
     for the 21st Century authorized annual funding for the 
     national scenic byways program, the Committee reports by the 
     Committees on Appropriations of the House of Representatives 
     and the Senate for fiscal year 2002 have directed the program 
     funds to specific activities, with the Senate Committee 
     report directing the full amount of $28,550,348 provided for 
     the program to only 6 States; and
       (9) directing funds for the program to specific 
     activities--
       (A) thwarts the purposes of the program; and
       (B) severely limits the number and variety of projects to 
     receive grants.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the authorized amount for the national scenic byways 
     program under the Transportation Equity Act for the 21st 
     Century of $28,848,128 for fiscal year 2002 should be 
     available for discretionary grant award by the Secretary of 
     Transportation; and
       (2) none of those funds should be directed to specific 
     activities by Congress.
                                  ____

  SA 1185. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, please insert:

     SEC. 343. SAFETY OF CROSS-BORDER TRUCKING BETWEEN UNITED 
                   STATES AND MEXICO.

       No funds limited or appropriated in this Act may be 
     obligated or expended for the review or processing of an 
     application by a Mexican motor carrier for authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border until--
       (1) the Federal Motor Carrier Safety Administration--
       (A)(i) requires a safety review of the carrier before 
     granting conditional and, again, before granting permanent 
     authority to any such carrier;
       (ii) requires that such safety review shall, at a minimum, 
     include the verification of available safety performance data 
     necessary to determine the carrier's preparedness to comply 
     with United States motor carrier safety rules and 
     regulations;
       (B) requires that any such safety compliance review should 
     take place onsite at the Mexican motor carrier's facilities 
     where such onsite review is necessary to ensure compliance 
     with United States motor carrier safety rules and 
     regulations;
       (C) requires a policy whereby Federal and State inspectors 
     randomly verify electronically the status and validity of the 
     license of drivers of Mexican motor carrier commercial 
     vehicles crossing the border;
       (D) gives a distinctive Department of Transportation number 
     to each Mexican motor carrier operating beyond the commercial 
     zone to assist inspectors in enforcing motor carrier safety 
     regulations including hours-of-service rules under part 395 
     of title 49, Code of Federal Regulations;
       (E) requires--
       (i) inspections of all commercial vehicles of Mexican motor 
     carriers authorized, or seeking authority to operate beyond 
     United States municipalities and commercial zones on the 
     United States-Mexico border that do not display a valid 
     Commercial Vehicle Safety Alliance in accordance with the 
     requirements for a Level I inspection under the criteria of 
     the North American Standard Inspection (as defined in section 
     350.105 of title 49, Code of Federal Regulations), including 
     examination of the driver, vehicle exterior and vehicle 
     under-carriage, and
       (ii) a Commercial Vehicle Safety Alliance decal to be 
     affixed to each such commercial vehicle upon completion of 
     the inspection required by clause (i) or a re-inspection if 
     the vehicle has met the criteria for the Level I inspection 
     when no component parts were hidden from view and no evidence 
     of a defect was present, and
       (iii) that any such decal, when affixed, expire at the end 
     of a period of not more than 90 days, but nothing in this 
     paragraph shall be construed to preclude the Administration 
     from requiring re-inspection of a vehicle bearing a valid 
     inspection decal or from requiring that such a decal be 
     removed when it is determined that such vehicle has a safety 
     violation subsequent to the inspection for which the decal 
     was granted;
       (F) requires State inspectors who detect violations of 
     Federal motor carrier safety laws or regulations to enforce 
     them or notify Federal authorities of such violations;
       (G) initiates a study to determine whether (i) to equip 
     significant United States-Mexico border crossings with Weigh-
     In-Motion (WIM) systems as well as fixed scales suitable for 
     enforcement action and (ii) to require that inspectors verify 
     by either means the weight of each commercial vehicle 
     entering the United States at such a crossing;
       (H) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure that no Mexican motor carrier 
     will be granted authority to operate beyond United States 
     municipalities and commercial zones on the United States-
     Mexico border unless that carrier provides proof of valid 
     insurance with an insurance company licensed in the United 
     States; and
       (I) publishes in final form regulations or issues 
     policies--
       (i) under section 210(b) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31144 nt.) that establish 
     minimum requirements for motor carriers, including foreign 
     motor carriers, to ensure they are knowledgeable about 
     Federal safety standards, that include the administration of 
     a proficiency examination;
       (ii) under section 31148 of title 49, United States Code, 
     that implement measures to improve training and provide for 
     the certification of motor carrier safety auditors;
       (iii) under sections 218(a) and (b) of that Act (49 U.S.C. 
     31133 nt.) establishing standards for the determination of 
     the appropriate number of Federal and State motor carrier 
     inspectors for the United States-Mexico border;
       (iv) under section 219(d) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from leasing vehicles to 
     another carrier to transport products to the United States 
     while the lessor is subject to a suspension, restriction, or 
     limitation on its right to operate in the United States;
       (v) under section 219(a) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from operating in the 
     United States that is found to have operated illegally in the 
     United States; and
       (vi) under which a commercial vehicle operated by a Mexican 
     motor carrier may not enter the United States at a border 
     crossing unless an inspector is on duty or transmits to the 
     Congress within 30 days of the date of enactment of this Act, 
     a notice in writing that it will not be able to complete such

[[Page S8298]]

     rulemaking or issue such policy, that explains why it will 
     not be able to complete such rulemaking or policy, and the 
     date by which it expects to complete such rulemaking or 
     policy; and
       (2) the Department of Transportation Inspector General 
     reports in writing to the Secretary of Transportation and the 
     Congress that he will periodically report on--
       (A) all new inspector positions funded under this Act have 
     been filled and the inspectors have been fully trained;
       (B) each inspector conducting on-site safety compliance 
     reviews in Mexico consistent with the safety fitness 
     evaluation procedures set forth in part 385 of title 49, Code 
     of Federal Regulations, is fully trained as a safety 
     specialist;
       (C) the requirement of subparagraph (B) has not been met by 
     transferring experienced inspectors from other parts of the 
     United States to the United States-Mexico border, undermining 
     the level of inspection coverage and safety elsewhere in the 
     United States;
       (D) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure compliance with hours-of-
     service rules under part 395 of title 49, Code of Federal 
     Regulations, by Mexican motor carriers seeking authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border;
       (E) there is adequate capacity at each United States-Mexico 
     border crossing used by Mexican motor carrier commercial 
     vehicles to conduct a sufficient number of meaningful vehicle 
     safety inspections and to accommodate vehicles placed out-of-
     service as a result of said inspections;

     For purposes of this section, the term ``Mexican motor 
     carrier'' shall be defined as a Mexico-domiciled motor 
     carrier operating beyond United States municipalities and 
     commercial zones on the United States-Mexico border.
                                  ____

  SA 1186. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter being proposed please insert:

     SEC. 343. SAFETY OF CROSS-BORDER TRUCKING BETWEEN UNITED 
                   STATES AND MEXICO.

       No funds limited or appropriated in this Act may be 
     obligated or expended for the review or processing of an 
     application by a Mexican motor carrier for authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border until--
       (1) the Federal Motor Carrier Safety Administration--
       (A)(i) requires a safety review of the carrier before 
     granting conditional and, again, before granting permanent 
     authority to any such carrier;
       (ii) requires that such safety review shall, at a minimum, 
     include the verification of available safety performance data 
     necessary to determine the carrier's preparedness to comply 
     with United States motor carrier safety rules and 
     regulations;
       (B) requires that any such safety compliance review should 
     take place onsite at the Mexican motor carrier's facilities 
     where such onsite review is necessary to ensure compliance 
     with United States motor carrier safety rules and 
     regulations;
       (C) requires a policy whereby Federal and State inspectors 
     randomly verify electronically the status and validity of the 
     license of drivers of Mexican motor carrier commercial 
     vehicles crossing the border;
       (D) gives a distinctive Department of Transportation number 
     to each Mexican motor carrier operating beyond the commercial 
     zone to assist inspectors in enforcing motor carrier safety 
     regulations including hours-of-service rules under part 395 
     of title 49, Code of Federal Regulations;
       (E) requires--
       (i) inspections of all commercial vehicles of Mexican motor 
     carriers authorized, or seeking authority to operate beyond 
     United States municipalities and commercial zones on the 
     United States-Mexico border that do not display a valid 
     Commercial Vehicle Safety Alliance in accordance with the 
     requirements for a Level I inspection under the criteria of 
     the North American Standard Inspection (as defined in section 
     350.105 of title 49, Code of Federal Regulations), including 
     examination of the driver, vehicle exterior and vehicle 
     under-carriage, and
       (ii) a Commercial Vehicle Safety Alliance decal to be 
     affixed to each such commercial vehicle upon completion of 
     the inspection required by clause (i) or a re-inspection if 
     the vehicle has met the criteria for the Level I inspection 
     when no component parts were hidden from view and no evidence 
     of a defect was present, and
       (iii) that any such decal, when affixed, expire at the end 
     of a period of not more than 90 days, but nothing in this 
     paragraph shall be construed to preclude the Administration 
     from requiring re-inspection of a vehicle bearing a valid 
     inspection decal or from requiring that such a decal be 
     removed when it is determined that such vehicle has a safety 
     violation subsequent to the inspection for which the decal 
     was granted;
       (F) requires State inspectors who detect violations of 
     Federal motor carrier safety laws or regulations to enforce 
     them or notify Federal authorities of such violations;
       (G) initiates a study to determine whether (i) to equip 
     significant United States-Mexico border crossings with Weigh-
     In-Motion (WIM) systems as well as fixed scales suitable for 
     enforcement action and (ii) to require that inspectors verify 
     by either means the weight of each commercial vehicle 
     entering the United States at such a crossing;
       (H) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure that no Mexican motor carrier 
     will be granted authority to operate beyond United States 
     municipalities and commercial zones on the United States-
     Mexico border unless that carrier provides proof of valid 
     insurance with an insurance company licensed in the United 
     States; and
       (I) publishes in final form regulations or issues 
     policies--
       (i) under section 210(b) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31144 nt.) that establish 
     minimum requirements for motor carriers, including foreign 
     motor carriers, to ensure they are knowledgeable about 
     Federal safety standards, that include the administration of 
     a proficiency examination;
       (ii) under section 31148 of title 49, United States Code, 
     that implement measures to improve training and provide for 
     the certification of motor carrier safety auditors;
       (iii) under sections 218(a) and (b) of that Act (49 U.S.C. 
     31133 nt.) establishing standards for the determination of 
     the appropriate number of Federal and State motor carrier 
     inspectors for the United States-Mexico border;
       (iv) under section 219(d) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from leasing vehicles to 
     another carrier to transport products to the United States 
     while the lessor is subject to a suspension, restriction, or 
     limitation on its right to operate in the United States;
       (v) under section 219(a) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from operating in the 
     United States that is found to have operated illegally in the 
     United States; and
       (vi) under which a commercial vehicle operated by a Mexican 
     motor carrier may not enter the United States at a border 
     crossing unless an inspector is on duty

     or transmits to the Congress within 30 days of the date of 
     enactment of this Act, a notice in writing that it will not 
     be able to complete such rulemaking or issue such policy, 
     that explains why it will not be able to complete such 
     rulemaking or policy, and the date by which it expects to 
     complete such rulemaking or policy; and
       (2) the Department of Transportation Inspector General 
     reports in writing to the Secretary of Transportation and the 
     Congress that he will periodically report on--
       (A) all new inspector positions funded under this Act have 
     been filled and the inspectors have been fully trained;
       (B) each inspector conducting on-site safety compliance 
     reviews in Mexico consistent with the safety fitness 
     evaluation procedures set forth in part 385 of title 49, Code 
     of Federal Regulations, is fully trained as a safety 
     specialist;
       (C) the requirement of subparagraph (B) has not been met by 
     transferring experienced inspectors from other parts of the 
     United States to the United States-Mexico border, undermining 
     the level of inspection coverage and safety elsewhere in the 
     United States;
       (D) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure compliance with hours-of-
     service rules under part 395 of title 49, Code of Federal 
     Regulations, by Mexican motor carriers seeking authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border;
       (E) there is adequate capacity at each United States-Mexico 
     border crossing used by Mexican motor carrier commercial 
     vehicles to conduct a sufficient number of meaningful vehicle 
     safety inspections and to accommodate vehicles placed out-of-
     service as a result of said inspections.

     For purposes of this section, the term ``Mexican motor 
     carrier'' shall be defined as a Mexico-domiciled motor 
     carrier operating beyond United States municipalities and 
     commercial zones on the United States-Mexico border.
                                  ____

  SA 1187. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 2299, making appropriations for the Department of 
Transportation and related agencies for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the Amendment please insert:

     SEC. 343. SAFETY OF CROSS-BORDER TRUCKING BETWEEN UNITED 
                   STATES AND MEXICO.

       No funds limited or appropriated in this Act may be 
     obligated or expended for the review or processing of an 
     application by a Mexican motor carrier for authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border until--
       (1) the Federal Motor Carrier Safety Administration--
       (A)(i) requires a safety review of the carrier before 
     granting conditional and, again, before granting permanent 
     authority to any such carrier;

[[Page S8299]]

       (ii) requires that such safety review shall, at a minimum, 
     include the verification of available safety performance data 
     necessary to determine the carrier's preparedness to comply 
     with United States motor carrier safety rules and 
     regulations;
       (B) requires that any such safety compliance review should 
     take place onsite at the Mexican motor carrier's facilities 
     where such onsite review is necessary to ensure compliance 
     with United States motor carrier safety rules and 
     regulations;
       (C) requires a policy whereby Federal and State inspectors 
     randomly verify electronically the status and validity of the 
     license of drivers of Mexican motor carrier commercial 
     vehicles crossing the border;
       (D) gives a distinctive Department of Transportation number 
     to each Mexican motor carrier operating beyond the commercial 
     zone to assist inspectors in enforcing motor carrier safety 
     regulations including hours-of-service rules under part 395 
     of title 49, Code of Federal Regulations;
       (E) requires--
       (i) inspections of all commercial vehicles of Mexican motor 
     carriers authorized, or seeking authority to operate beyond 
     United States municipalities and commercial zones on the 
     United States-Mexico border that do not display a valid 
     Commercial Vehicle Safety Alliance in accordance with the 
     requirements for a Level I inspection under the criteria of 
     the North American Standard Inspection (as defined in section 
     350.105 of title 49, Code of Federal Regulations), including 
     examination of the driver, vehicle exterior and vehicle 
     under-carriage, and
       (ii) a Commercial Vehicle Safety Alliance decal to be 
     affixed to each such commercial vehicle upon completion of 
     the inspection required by clause (i) or a re-inspection if 
     the vehicle has met the criteria for the Level I inspection 
     when no component parts were hidden from view and no evidence 
     of a defect was present, and
       (iii) that any such decal, when affixed, expire at the end 
     of a period of not more than 90 days, but nothing in this 
     paragraph shall be construed to preclude the Administration 
     from requiring re-inspection of a vehicle bearing a valid 
     inspection decal or from requiring that such a decal be 
     removed when it is determined that such vehicle has a safety 
     violation subsequent to the inspection for which the decal 
     was granted;
       (F) requires State inspectors who detect violations of 
     Federal motor carrier safety laws or regulations to enforce 
     them or notify Federal authorities of such violations;
       (G) initiates a study to determine whether (i) to equip 
     significant United States-Mexico border crossings with Weigh-
     In-Motion (WIM) systems as well as fixed scales suitable for 
     enforcement action and (ii) to require that inspectors verify 
     by either means the weight of each commercial vehicle 
     entering the United States at such a crossing;
       (H) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure that no Mexican motor carrier 
     will be granted authority to operate beyond United States 
     municipalities and commercial zones on the United States-
     Mexico border unless that carrier provides proof of valid 
     insurance with an insurance company licensed in the United 
     States; and
       (I) publishes in final form regulations or issues 
     policies--
       (i) under section 210(b) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31144 nt.) that establish 
     minimum requirements for motor carriers, including foreign 
     motor carriers, to ensure they are knowledgeable about 
     Federal safety standards, that include the administration of 
     a proficiency examination;
       (ii) under section 31148 of title 49, United States Code, 
     that implement measures to improve training and provide for 
     the certification of motor carrier safety auditors;
       (iii) under sections 218(a) and (b) of that Act (49 U.S.C. 
     31133 nt.) establishing standards for the determination of 
     the appropriate number of Federal and State motor carrier 
     inspectors for the United States-Mexico border;
       (iv) under section 219(d) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from leasing vehicles to 
     another carrier to transport products to the United States 
     while the lessor is subject to a suspension, restriction, or 
     limitation on its right to operate in the United States;
       (v) under section 219(a) of that Act (49 U.S.C. 14901 nt.) 
     that prohibit foreign motor carriers from operating in the 
     United States that is found to have operated illegally in the 
     United States; and
       (vi) under which a commercial vehicle operated by a Mexican 
     motor carrier may not enter the United States at a border 
     crossing unless an inspector is on duty

     or transmits to the Congress within 30 days of the date of 
     enactment of this Act, a notice in writing that it will not 
     be able to complete such rulemaking or issue such policy, 
     that explains why it will not be able to complete such 
     rulemaking or policy, and the date by which it expects to 
     complete such rulemaking or policy; and
       (2) the Department of Transportation Inspector General 
     reports in writing to the Secretary of Transportation and the 
     Congress that he will periodically report on--
       (A) all new inspector positions funded under this Act have 
     been filled and the inspectors have been fully trained;
       (B) each inspector conducting on-site safety compliance 
     reviews in Mexico consistent with the safety fitness 
     evaluation procedures set forth in part 385 of title 49, Code 
     of Federal Regulations, is fully trained as a safety 
     specialist;
       (C) the requirement of subparagraph (B) has not been met by 
     transferring experienced inspectors from other parts of the 
     United States to the United States-Mexico border, undermining 
     the level of inspection coverage and safety elsewhere in the 
     United States;
       (D) the Federal Motor Carrier Safety Administration has 
     implemented a policy to ensure compliance with hours-of-
     service rules under part 395 of title 49, Code of Federal 
     Regulations, by Mexican motor carriers seeking authority to 
     operate beyond United States municipalities and commercial 
     zones on the United States-Mexico border;
       (E) there is adequate capacity at each United States-Mexico 
     border crossing used by Mexican motor carrier commercial 
     vehicles to conduct a sufficient number of meaningful vehicle 
     safety inspections and to accommodate vehicles placed out-of-
     service as a result of said inspections.

     For purposes of this section, the term ``Mexican motor 
     carrier'' shall be defined as a Mexico-domiciled motor 
     carrier operating beyond United States municipalities and 
     commercial zones on the United States-Mexico border.
                                  ____

  SA 1188. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1246, to respond to the continuing economic crisis 
adversely affecting American agricultural producers; which was ordered 
to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 7____. INTERSTATE MOVEMENT OF ANIMALS FOR ANIMAL 
                   FIGHTING.

       (a) Removal of Limitation.--Section 26 of the Animal 
     Welfare Act (7 U.S.C. 2156) is amended by striking subsection 
     (d) and inserting the following:
       ``(d) Activities Not Subject to Prohibition.--This section 
     does not apply to the selling, buying, transporting, or 
     delivery of animals in interstate or foreign commerce for any 
     purpose or purposes, so long as those purposes do not include 
     that of an animal fighting venture.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on the date that is 30 days after the date of 
     enactment of this Act.

                          ____________________