[Congressional Record Volume 151, Number 60 (Tuesday, May 10, 2005)]
[Senate]
[Pages S4880-S4882]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 606. Mr. CORZINE (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed by him to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       After section 1703, insert the following:

     SEC. 17__. LETTING OF CONTRACTS.

       Section 112 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(g) Effect of Section.--Nothing in this section prohibits 
     a State from enacting a law or issuing an order that limits 
     the amount that an individual that is a party to a contract 
     with a State agency under this section may contribute to a 
     political campaign.''.
       At the end of subtitle G in title I, add the following:

     SEC. 17__. DUTIES OF THE SECRETARY OF TRANSPORTATION.

       Section 5323(h) of title 49, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and identing 
     appropriately;
       (2) by striking ``A grant or loan'' and inserting the 
     following:
       ``(1) In general.--A grant or loan''; and
       (3) by adding at the end the following:
       ``(2) Procurement requirements.--The enactment of a law or 
     issuance of an order by a State that limits the amount of 
     money that may be contributed to a political campaign by an 
     individual doing business with a grantee shall be considered 
     to be in accordance with Federal competitive procurement 
     requirements.''.
                                 ______
                                 
  SA 607. Mrs. HUTCHISON (for herself, Mr. Nelson of Nebraska, Mr. 
Burns, Mr. Pryor, and Mr. Shelby) submitted an amendment intended to be 
proposed by her to the bill H.R. 3, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 1609(a) and insert the following:
       (a) Interstate System Reconstruction and Rehabilitation 
     Pilot Program.--Section 1216(b) of the Transportation Equity 
     Act for the 21st Century (23 U.S.C. 129 note; 112 Stat. 212) 
     is repealed.
                                 ______
                                 
  SA 608. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GRANT PROGRAM FOR COMMERCIAL DRIVER TRAINING.

       (a) Establishment.--The Secretary of Transportation shall 
     establish a program for making grants to commercial driver 
     training schools and programs for the purpose of providing 
     financial assistance to entry level drivers of commercial 
     vehicles (as defined in section 31301 of title 49, United 
     States Code).
       (b) Federal Share.--The Federal share of the cost for which 
     a grant is made under this section shall be 80 percent.
       (c) Funding.--There are authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     for the purpose of carrying out this section $5,000,000 for 
     each of the fiscal years 2006 through 2009.
                                 ______
                                 
  SA 609. Mr. DeWINE (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed by him to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED DRIVING.

       (a) Findings.--Congress finds that--
       (1) there has been considerable progress over the past 25 
     years in reducing the number and rate of alcohol-related 
     highway fatalities;
       (2) the National Highway Traffic Safety Administration 
     projects that fatalities in alcohol-related crashes declined 
     in 2004 for the second year in a row;
       (3) in spite of this progress, an estimated 16,654 
     Americans died in 2004, in alcohol-related crashes;
       (4) these fatalities comprise 39 percent of the annual 
     total of highway fatalities;
       (5) about 250,000 are injured each year in alcohol-related 
     crashes;
       (6) the past 2 years of decreasing alcohol-related 
     fatalities follows a 3-year increase;
       (7) drunk driving is the Nation's most frequently committed 
     violent crime;
       (8) the annual cost of alcohol-related crashes is over 
     $100,000,000,000, including $9,000,000,000 in costs to 
     employers;
       (9) a Presidential Commission on Drunk Driving in 1982 and 
     1983 helped to lead to substantial progress on this issue; 
     and
       (10) these facts point to the need to renew the national 
     commitment to preventing these deaths and injuries.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that, in an effort to further change the culture of alcohol 
     impaired driving on our Nation's highways, the President 
     should consider establishing a Presidential Commission on 
     Alcohol-Impaired Driving--
       (1) comprised of--
       (A) representatives of State and local governments, 
     including state legislators;
       (B) law enforcement;
       (C) traffic safety experts, including researchers;
       (D) victims of alcohol-related crashes;
       (E) affected industries, including the alcohol, insurance, 
     and auto industries;
       (F) the business community;
       (G) labor;
       (H) the medical community;
       (I) public health; and
       (J) Members of Congress; and
       (2) that not later than September 30, 2006, would--
       (A) conduct a full examination of alcohol-impaired driving 
     issues; and
       (B) make recommendations for a broad range of policy and 
     program changes that would serve to further reduce the level 
     of deaths and injuries caused by drunk driving.

[[Page S4881]]

                                 ______
                                 
  SA 610. Mr. FEINGOLD (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 179(a) of title 23, United States Code (as added 
     by section 7139(a)), insert ``previously verified as 
     accurate'' after ``other information''.
       In section 179(a) of title 23, United States Code (as added 
     by section 7139(a)), strike ``with a system using scoring 
     models and algorithms''.
       In section 179(d)(1) of title 23, United States Code (as 
     added by section 7139(a)), strike ``use multiple sources'' 
     and insert ``ensure accurate sources''.
       In section 179(d)(3) of title 23, United States Code (as 
     added by section 7139(a)), strike ``and'' at the end.
       In section 179(d) of title 23, United States Code (as added 
     by section 7139(a)), strike paragraph (4) and insert the 
     following:
       ``(4) incorporate a comprehensive program ensuring 
     administrative, technical, and physical safeguards to protect 
     the privacy and security of means of identification (as 
     defined in section 1028(d) of title 18, United States Code), 
     against unauthorized and fraudulent access or uses;
       ``(5) impose limitations to ensure that any information 
     containing means of identification transferred or shared with 
     third-party vendors for the purposes of the information-based 
     identity authentication described in this section is only 
     used by the third-party vendors for the specific purposes 
     authorized under this section;
       ``(6) include procedures to ensure accuracy and enable 
     applicants for commercial driver's licenses who are denied 
     licenses as a result of the information-based identity 
     authentication described in this section, to appeal the 
     determination and correct information upon which the 
     comparison described in subsection (a) is based;
       ``(7) ensure that the information-based identity 
     authentication described in this section--
       ``(A) can accurately assess and authenticate identities; 
     and
       ``(B) will not produce a large number of false positives or 
     unjustified adverse consequences;
       ``(8) create penalties for knowing use of inaccurate 
     information as a basis for comparison in authenticating 
     identity; and
       ``(9) adopt policies and procedures establishing effective 
     oversight of the information-based identity authentication 
     systems of State departments of motor vehicles.''.
                                 ______
                                 
  SA 611. Mr. ALLEN (for himself and Mr. Ensign) submitted an amendment 
intended to be proposed by him to the bill H.R. 3, to authorize funds 
for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 7216(a) of the bill and insert the 
     following:
       (a) In General.--Section 405 is amended to read as follows:

     ``Sec. 405. Safety belt performance grants

       ``(a) In General.--The Secretary of Transportation shall 
     award grants to States in accordance with the provisions of 
     this section to encourage the use of safety belts in 
     passenger motor vehicles.
       ``(b) Grants for Safety Belt Use.--
       ``(1) In general.--The Secretary shall make a single grant 
     to each State that has a State safety belt use rate for the 
     immediately preceding calendar year of 85 percent or more, as 
     measured by the National Center for Statistics and Analysis.
       ``(2) Amount.--The amount of a grant available to a State 
     in fiscal year 2006 or in a subsequent fiscal year under 
     paragraph (1) of this subsection is equal to 500 percent of 
     the amount apportioned to the State for fiscal year 2003 
     under section 402(c).
       ``(3) Shortfall.--If the total amount of grants provided 
     for by this subsection for a fiscal year exceeds the amount 
     of funds available for such grants for that fiscal year, then 
     the Secretary shall make grants under this subsection to 
     States in the order in which the State's safety belt use rate 
     was 85 percent or more for 2 consecutive calendar years, as 
     measured by the National Center for Statistics and Analysis.
       ``(4) Catch-up grants.--The Secretary shall award a grant 
     to any State eligible for a grant under this subsection that 
     did not receive a grant for a fiscal year because its safety 
     belt use rate is 85 percent or more for the calendar year 
     preceding such next fiscal year.
       ``(c) Allocation of Unused Grant Funds.--The Secretary 
     shall award additional grants under this section from any 
     amounts available for grants under this section that, as of 
     July 1, 2009, are neither obligated nor expended. The 
     additional grants awarded under this subsection shall be 
     allocated among all States that, as of July 1, 2009, have a 
     seatbelt usage rate of 85 percent for the previous calendar 
     year. The allocations shall be made in accordance with the 
     formula for apportioning funds among the States under section 
     402(c).
       ``(d) Use of Grant Funds.--
       ``(1) In general.--Subject to paragraph (2), a State may 
     use a grant awarded under this section for any safety purpose 
     under this title or for any project that corrects or improves 
     a hazardous roadway location or feature or proactively 
     addresses highway safety problems, including--
       ``(A) intersection improvements;
       ``(B) pavement and shoulder widening;
       ``(C) installation of rumble strips and other warning 
     devices;
       ``(D) improving skid resistance;
       ``(E) improvements for pedestrian or bicyclist safety;
       ``(F) railway-highway crossing safety;
       ``(G) traffic calming;
       ``(H) the elimination of roadside obstacles;
       ``(I) improving highway signage and pavement marking;
       ``(J) installing priority control systems for emergency 
     vehicles at signalized intersections;
       ``(K) installing traffic control or warning devices at 
     locations with high accident potential;
       ``(L) safety-conscious planning;
       ``(M) improving crash data collection and analysis; and
       ``(N) increasing road or lane capacity.
       ``(2) Safety activity requirement.--Notwithstanding 
     paragraph (1), the Secretary shall ensure that at least 
     $1,000,000,000 of amounts received by States under this 
     section are obligated or expended for safety activities under 
     this chapter.
       ``(e) Carry-forward of Excess Funds.--If the amount 
     available for grants under this section for any fiscal year 
     exceeds the sum of the grants awarded under this section for 
     that fiscal year, the excess amount and obligational 
     authority shall be carried forward and made available for 
     grants under this section in the succeeding fiscal year.
       ``(f) Federal Share.--The Federal share payable for grants 
     awarded under this section is 100 percent.
       ``(g) Definition.--In this section, the term `passenger 
     motor vehicle' means--
       ``(1) a passenger car;
       ``(2) a pickup truck; or
       ``(3) a van, minivan, or sport utility vehicle, with a 
     gross vehicle weight rating of less than 10,000 pounds.''.
                                 ______
                                 
  SA 612. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 18__. DESIGNATION OF HIGH DESERT CORRIDOR AS HIGH 
                   PRIORITY CORRIDOR.

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032) is amended by adding 
     at the end the following:
       ``(46) The High Desert Corridor/E-220 from Los Angeles, 
     California to Las Vegas, Nevada via Palmdale and Victorville, 
     California.''.
                                 ______
                                 
  SA 613. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 18__. DESIGNATION OF ECONOMIC LIFELINE CORRIDOR AS HIGH 
                   PRIORITY CORRIDOR.

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032) is amended by adding 
     at the end the following:
       ``(46) The Economic Lifeline Corridor along I-15 and I-40 
     in California, Arizona, and Nevada, including I-215 south 
     from near San Bernardino to Riverside and State Route 91 from 
     Riverside to its intersection with I-15 near Corona in 
     California.''.
                                 ______
                                 
  SA 614. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 18__. DESIGNATION OF CROSS VALLEY CONNECTOR AS HIGH 
                   PRIORITY CORRIDOR.

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032) is amended by adding 
     at the end the following:
       ``(46) The Cross Valley Connector linking Interstate 5 and 
     State Route 14 in Santa Clarita Valley, California.''.
                                 ______
                                 
  SA 615. Mr. SCHUMER (for himself, Mr. Kennedy, Mrs. Clinton, and Mr. 
Levin) submitted an amendment intended to be proposed by him to the 
bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 628, line 23, strike ``$155'' and insert ``$155 
     ($170 for 2007, $185 for 2008 and $200 for 2009 and 
     thereafter)''.

[[Page S4882]]

       On page 629, line 5, strike ``2008'' and insert ``2009''.
       On page 629, line 7, strike ``2007'' and insert ``2008''.
                                 ______
                                 
  SA 616. Mrs. CLINTON (for herself, Mr. Schumer, Mr. Craig, and Mr. 
Crapo) submitted an amendment intended to be proposed to amendment SA 
605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 357, line 5, strike ``and''.
       On page 357, line 8, strike the period at the end and 
     insert ``; and''.
       On page 357, between lines 8 and 9, insert the following:
       ``(3) support the planning, development, and construction 
     of high priority corridors identified by section 1105(c) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 105 Stat. 2032).
       On page 357, strike lines 12 through 14 and insert the 
     following:
       ``(c) Eligible Activities.--The Secretary shall make 
     allocations under this program for--
       ``(1) multistate highway and multimodal planning studies 
     and construction; and
       ``(2) coordinated planning, development, and construction 
     of high priority corridors identified by section 1105(c) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 105 Stat. 2032).
                                 ______
                                 
  SA 617. Mrs. HUTCHISON (for herself, Mr. Nelson of Nebraska, Mr. 
Burns, Mr. Shelby, Mr. Pryor, and Mr. Graham) proposed an amendment to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; as follows:

       On page 250, strike lines 17 through 19 and insert the 
     following:
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Limitation.--The Secretary may permit the collection 
     of tolls under this subsection on 1 facility in the State of 
     Virginia.'';
                                 ______
                                 
  SA 618. Mr. HARKIN (for himself, Mr. Kennedy, Mr. Obama, and Mr. 
Carper) submitted an amendment intended to be proposed by him to the 
bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. __. NONMOTORIZED TRANSPORTATION SAFETY.

       Section 120(c) of title 23, United States Code, is 
     amended--
       (1) in the first sentence, by striking ``The Federal'' and 
     inserting the following:
       ``(1) In general.--The Federal''; and
       (2) by adding at the end the following:
       ``(2) Statement of policy by state transportation 
     departments.--
       ``(A) In general.--Each State transportation department 
     shall adopt a statement of policy ensuring that the needs and 
     safety of all road users (including the need for pedestrian 
     and bicycle safety) are fully integrated into the planning, 
     design, operation and maintenance of the transportation 
     system of the State transportation department.
       ``(B) Basis.--In the case of bicycle and pedestrian safety, 
     the statement of policy shall be based on the design guidance 
     on accommodating bicyclists and pedestrians of the Federal 
     Highway Administration adopted in February 2000.
       ``(C) Reports.--Not later 1 year after the date of 
     enactment of this paragraph, and each year thereafter, the 
     Secretary shall submit to Congress a report on the statements 
     of policy adopted under this paragraph.
       ``(3) Nonmotorized transportation goal.--
       ``(A) In general.--The Secretary shall take such actions as 
     are necessary to, to the maximum extent practicable, increase 
     the percentage of trips made by foot or bicycle while 
     simultaneously reducing crashes involving bicyclists and 
     pedestrians by 10 percent, in a manner consistent with the 
     goals of the national bicycling and walking study conducted 
     during 1994.
       ``(B) Administration.--Not later than 1 year after the date 
     of enactment of this paragraph, the Secretary shall establish 
     such baseline and completion dates as are necessary to carry 
     out subparagraph (A).
       ``(4) Research for nonmotorized users.--
       ``(A) Findings.--Congress finds that--
       ``(i) it is in the national interest to meet the goals of 
     the national bicycling and walking study by the completion 
     date established under paragraph (3)(B);
       ``(ii) research into the safety and operation of the 
     transportation system for nonmotorized users is inadequate, 
     given that almost 1 in 10 trips are made by foot or bicycle 
     and 1 in 8 traffic fatalities involves a bicyclist or 
     pedestrian; and
       ``(iii) inadequate data collection, especially on exposure 
     rates and infrastructure needs, are hampering efforts to 
     improve bicycle and pedestrian safety and use to meet local 
     transportation needs.
       ``(B) Allocation of research funds for nonmotorized 
     users.--
       ``(i) In general.--The Secretary shall submit to Congress 
     an annual report on the percentage of research funds that are 
     allocated (for the most recent fiscal year for which data are 
     available) to research that directly benefits the planning, 
     design, operation, and maintenance of the transportation 
     system for nonmotorized users--

       ``(I) by the Department of Transportation; and
       ``(II) by State transportation departments.

       ``(ii) National cooperative highway research program.--The 
     Transportation Research Board of the National Academy of 
     Sciences shall submit to Congress an annual report on the 
     percentage of research funds under the National Cooperative 
     Highway Research Program that are allocated (for the most 
     recent fiscal year for which data are available) to research 
     that directly benefits the planning, design, operation, and 
     maintenance of the transportation system for nonmotorized 
     users.
       ``(iii) Department of transportation allocation.--Effective 
     beginning with the third full fiscal year that begins after 
     the date of enactment of this paragraph, the Secretary shall 
     allocate at least 10 percent of the research funds that are 
     allocated by the Department of Transportation for each fiscal 
     year to research that directly benefits the planning, design, 
     operation, and maintenance of the transportation system for 
     nonmotorized users.
       ``(5) Metropolitan planning organizations.--
       ``(A) Bicycle/pedestrian coordinators.--A metropolitan 
     planning organization that serves a population of 200,000 or 
     more shall designate a bicycle/pedestrian coordinator to 
     coordinate bicycle and pedestrian programs and activities 
     carried out in the area served by the organization.
       ``(B) Certification.--A metropolitan planning organization 
     described in subparagraph (A) shall certify to the Secretary, 
     as part of the certification review, that--
       ``(i) the needs of bicyclists and pedestrians (including 
     people of all ages, people who use wheelchairs, and people 
     with vision impairment) have been adequately addressed by the 
     long-range transportation plan of the organization; and
       ``(ii) the bicycle and pedestrian projects to implement the 
     plan in a timely manner are included in the transportation 
     improvement program of the organization.
       ``(C) Long-range transportation plans.--
       ``(i) In general.--Except as provided in clause (ii), a 
     metropolitan planning organization described in subparagraph 
     (A) shall develop and adopt a long-range transportation plan 
     that--

       ``(I) includes the most recent data available on the 
     percentage of trips made by foot and by bicycle in each 
     jurisdiction;
       ``(II) includes an improved target level for bicycle and 
     pedestrian trips; and
       ``(III) identify the contribution made by each project 
     under the transportation improvement program of the 
     organization toward meeting the improved target level for 
     trips made by foot and bicycle.

       ``(ii) Application.--Clause (i) does not apply to a 
     metropolitan planning organization that adopts the design 
     guidance described in paragraph (3)(B) for all transportation 
     projects carried out by the organization.
       ``(D) Local jurisdictions.--A metropolitan planning 
     organization described in subparagraph (A) shall work with 
     local jurisdictions that are served by the organization to 
     maximize the efforts of the local jurisdictions to include 
     sidewalks, bikepaths, and road intersections that maximize 
     bicycle and pedestrian safety in the local transportation 
     systems of the local jurisdictions.''.

                          ____________________