[Congressional Record (Bound Edition), Volume 150 (2004), Part 1]
[Senate]
[Pages 1024-1029]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2265. Mr. BOND (for himself, Mr. Inhofe, Mr. Jeffords, and Mr. 
Reid) proposed an amendment to the bill S. 1072, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; as follows:

       On page 656, line 14, strike ``movements'' and insert 
     ``improvements''.
       On page 657, lines 18 and 19, strike ``that is a public 
     road''.
       On page 664, lines 18 and 19, strike ``State transportation 
     department under section 106'' and insert ``recipient of 
     funds under this title''.
       On page 668, line 22, strike ``Conduct of scenic'' and 
     insert ``Scenic''.
       On page 680, strike lines 5 through 9 and insert the 
     following:
       ``(1) Set-aside.--On October 1 of each fiscal year, the 
     Secretary shall set aside 1.5 percent of the funds authorized 
     to be appropriated for the Interstate maintenance, national 
     highway system, surface transportation, congestion mitigation 
     and air quality improvement, highway safety improvement, and 
     highway bridge programs authorized under this title to carry 
     out the requirements of section 134.''.
       On page 685, line 2, strike ``replacement and 
     rehabilitation''.
       On page 685, line 16, strike ``1101(a)(14)'' and insert 
     ``1101(13)''.
       On page 686, line 24, strike ``1101(a)(14)'' and insert 
     ``1101(13)''.
       On page 693, line 16, strike ``in recommended 
     alternatives'' and insert ``associated with the future 
     development of the surface transportation system''.

[[Page 1025]]

       On page 693, lines 20 and 21, strike ``system operations 
     and management'' and insert ``transportation systems 
     operations and management''.
       On page 702, line 10, insert ``except as otherwise provided 
     in section 120,'' before ``the Federal share''.
       On page 702, line 22, strike ``Federal-aid system'' and 
     insert ``those qualifying''.
       On page 703, line 18, strike ``The Federal share'' and 
     insert ``Except as provided in section 120, the Federal 
     share''.
       Beginning on page 705, strike line 15 and all that follows 
     through page 706, line 23, and insert the following:
       Section 120 of title 23, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Interstate System Projects.--Except as otherwise 
     provided in this chapter, the Federal share payable on 
     account of any project on the Interstate System (including a 
     project to add high occupancy vehicle lanes and a project to 
     add auxiliary lanes but excluding a project to add any other 
     lanes) shall be 90 percent of the total cost of the 
     project.'';
       (2) in subsection (b), by striking ``shall be--'' and all 
     that follows and inserting ``shall be 80 percent of the cost 
     of the project.''; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Increased Federal Share.--
       ``(1) In general.--The Federal share payable under 
     subsection (a) or (b) may be increased for projects and 
     activities in each State in which is located--
       ``(A) nontaxable Indian land;
       ``(B) public land (reserved or unreserved);
       ``(C) a national forest; or
       ``(D) a national park or monument.
       ``(2) Amount.--
       ``(A) In general.--The Federal share for States described 
     in paragraph (1) shall be increased by a percentage of the 
     remaining cost that--
       ``(i) is equal to the percentage that--

       ``(I) the area of all land described in paragraph (1) in a 
     State; bears to
       ``(II) the total area of the State; but

       ``(ii) does not exceed 95 percent of the total cost of the 
     project or activity for which the Federal share is provided.
       ``(B) Adjustment.--The Secretary shall adjust the Federal 
     share for States under subparagraph (A) as the Secretary 
     determines necessary, on the basis of data provided by the 
     Federal agencies that are responsible for maintaining the 
     data.''.
       On page 718, strike lines 1 through 9 and insert the 
     following:
       ``(2) Administrative costs.--Of amounts made available 
     under paragraph (1), the Secretary may use for the 
     administration of this subchapter not more than $2,000,000 
     for each of fiscal years 2004 through 2009.
       ``(3) Collected fees and services.--In addition to funds 
     provided under paragraph (2)--
       ``(A) all fees collected under this subchapter shall be 
     made available without further appropriation to the Secretary 
     until expended, for use in administering this subchapter; and
       ``(B) the Secretary may accept and use payment or services 
     provided by transaction participants, or third parties that 
     are paid by participants from transaction proceeds, for due 
     diligence, legal, financial, or technical services.
       On page 729, lines 21 and 22, strike ``Administrator of 
     General Services'' and insert ``Archivist of the United 
     States''.
       On page 734, line 12, strike ``organizations,'' and insert 
     ``organizations and metropolitan planning organizations,''.
       On page 734, line 15, insert ``State and'' before 
     ``local''.
       On page 736, lines 4 and 5, strike ``receive funds under 
     this section'' and insert ``obligate funds apportioned under 
     section 104(b)(5) to carry out this section''.
       On page 738, line 2, strike ``and pedestrians'' and insert 
     ``pedestrians, and other highway users''.
       On page 738, line 24, strike ``this section'' and insert 
     ``section 104(b)(5)''.
       On page 740, lines 21 through 25, strike ``accidents'' each 
     place it appears and insert ``crashes''.
       On page 741, line 5, strike ``The Federal share'' and 
     insert ``Except as provided in sections 120 and 130, the 
     Federal share''.
       On page 741, strike line 7 and insert the following:

     made available under this section shall be 90 percent.
       ``(h) Funds for Bicycle and Pedestrian Safety.--A State 
     shall allocate for bicycle and pedestrian improvements in the 
     State a percentage of the funds remaining after 
     implementation of sections 130(e) and 150, in an amount that 
     is equal to or greater than the percentage of all fatal 
     crashes in the States involving bicyclists and 
     pedestrians.''.
       Beginning on page 741, strike line 24 and all that follows 
     through page 742, line 6, and insert the following:
       (ii) in subparagraph (B), by striking ``tobe'' and 
     inserting ``to be'';
       (iii) by striking subparagraph (C);
       (iv) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (C) and (D), respectively; and
       (v) in subparagraph (C) (as redesignated by clause (iv)), 
     by adding at period at the end.
       On page 742, between lines 9 and 10, insert the following:
       (3) Administration.--Section 133(e) of title 23, United 
     States Code, is amended in each of paragraphs (3)(B)(i), 
     (5)(A), and (5)(B) of subsection (e), by striking ``(d)(2)'' 
     each place it appears and inserting ``(d)(1)''.
       On page 742, line 10, strike ``(3)'' and insert ``(4)''.
       On page 742, between the matter following line 14 and line 
     15, insert the following:
       (B) Section 104(g) of title 23, United States Code, is 
     amended in the first sentence by striking ``sections 130, 
     144, and 152 of this title'' and inserting ``sections 130 and 
     144''.
       (C) Section 126 of title 23, United States Code, is 
     amended--
       (i) in subsection (a), by inserting ``under'' after 
     ``State's apportionment''; and
       (ii) in subsection (b)--

       (I) in the first sentence, by striking ``the last sentence 
     of section 133(d)(1) or to section 104(f) or to section 
     133(d)(3)'' and inserting ``section 104(f) or 133(d)(2)''; 
     and
       (II) in the second sentence, by striking ``or 133(d)(2)''.

       On page 742, line 15, strike ``(B)'' and insert ``(D)''.
       On page 744, lines 15 and 16, strike ``Highway Facilities'' 
     and insert ``Railway-Highway Crossings''.
       Beginning on page 744, strike line 17 and all that follows 
     through page 745, line 6, and insert the following:
       (1) Funds for railway-highway crossings.--Section 130 of 
     title 23, United States Code, is amended by striking 
     subsection (e) and inserting the following:
       ``(e) Funds for Railway-Highway Crossings.--
       ``(1) In general.--Before making an apportionment under 
     section 104(b)(5) for a fiscal year, the Secretary shall set 
     aside $200,000,000 for the fiscal year to be apportioned to 
     the States and made available for the elimination of hazards 
     and the installation of protective devices at railway-highway 
     crossings.
       ``(2) Apportionment.--Funds set aside under paragraph (1) 
     shall be apportioned to the States in accordance with the 
     formula provided in section 104(b)(5).''.
       On page 745, strike lines 15 through 24 and insert the 
     following:
       (3) Expenditure of funds.--Section 130 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(k) Expenditure of Funds.--Funds made available to carry 
     out this section shall be available for expenditure on 
     compilation and analysis of data in support of activities 
     carried out under subsection (g).''.
       On page 746, strike lines 1 through 8 and insert the 
     following:
       (1) Implementation.--Except as provided in paragraph (2), 
     the Secretary shall approve obligations of funds apportioned 
     under section 104(b)(5) of title 23, United States Code (as 
     added by subsection (b)) to carry out section 148 of that 
     title, only if, not later than October 1 of the second fiscal 
     year after the date of enactment of this Act, a State has 
     developed and implemented a State strategic highway safety 
     plan as required under section 148(c) of that title.
       On page 747, line 18, strike ``104(b)'' and insert 
     ``104(b)(3)''.
       On page 753, line 11, strike ``The Federal share'' and 
     insert ``Except as provided in sections 120 and 130, the 
     Federal share''.
       On page 819, line 17, strike ``120(b)'' and insert ``120''.
       On page 824, line 18, strike ``120(b)'' and insert ``120''.
       On page 824, line 24, strike ``120(b)'' and insert ``120''.
       On page 825, line 23, strike ``120(b)'' and insert ``120''.
       On page 838, line 12, strike ``(l)'' and insert ``(k)''.
       On page 839, line 2, strike ``apportioned'' and insert 
     ``set aside''.
       On page 839, strike lines 9 through 16 and insert the 
     following:

     until expended.''; and
       On page 839, line 17, strike ``(l)'' and insert ``(k)''.
       On page 840, line 9, strike ``1601(b)'' and insert 
     ``1522''.
       On page 880, lines 22 and 23, strike ``not more than 2 
     percent of the''.
       On page 890, line 1, strike ``apportioned'' and insert 
     ``available''.
       Beginning on page 891, strike line 15 and all that follows 
     through page 892, line 8, and insert the following:
       ``(A) In general.--In this subsection, the term `value 
     engineering analysis' means a systematic process of review 
     and analysis of a project, during the concept and design 
     phases, by a multidisciplined team of persons not involved in 
     the project, that is conducted to provide recommendations 
     such as those described in subparagraph (B) for--
       ``(i) providing the needed functions safely, reliably, and 
     at the lowest overall cost; and
       ``(ii) improving the value and quality of the project.
       On page 901, line 13, strike ``Congestion.--'' and insert 
     ``Congestion''.
       On page 905, line 17, strike ``grassland'' and insert 
     ``grasslands''.
       On page 906, strike line 17 and insert the following:
       ``(2) Forest highways.--
       On page 910, line 3, insert ``and'' after the semicolon.

[[Page 1026]]

       On page 910, strike lines 4 through 11.
       On page 910, line 12, strike ``(D)'' and insert ``(C)''.
       On page 912, strike lines 16 and 17 and insert the 
     following:
       (1) in subsection (a)(1), by inserting ``refuge roads, 
     recreation roads,'' after ``parkways,'';
       On page 920, strike lines 1 through 3 and insert the 
     following:
       ``(i) the Department of Agriculture; or
       ``(ii) the Department of the Interior;
       On page 929, line 21, strike ``1101(a)(7)'' and insert 
     ``1101(7)''.
       On page 930, line 8, strike ``1101(a)(7)'' and insert 
     ``1101(7)''.
       On page 933, line 11, strike ``The Federal share'' and 
     insert ``Except as provided in section 120, the Federal 
     share''.
       On page 937, line 17, strike ``The Federal share'' and 
     insert ``Except as provided in section 120, the Federal 
     share''.
       On page 942, line 11, strike ``1101(a)(15)'' and insert 
     ``1101(15)''.
       On page 942, line 18, strike ``1101(a)(15)'' and insert 
     ``1101(15)''.
       On page 943, lines 4 and 5, strike ``For purposes of this 
     section,'' and insert ``For the purpose of imposing any 
     penalty under this title or title 49,''.
       On page 943, lines 5 and 6, strike ``104(b), 144, and 206'' 
     and insert ``104(b) and 144''.
       On page 943, line 14, strike ``2003'' and insert ``1997''.
       On page 943, line 17, strike ``2003'' and insert ``1997''.
       On page 946, line 14, strike ``The Federal share'' and 
     insert ``Except as provided in section 120, the Federal 
     share''.
       On page 947, line 2, strike ``PILOT''.
       On page 947, line 7, strike ``pilot''.
       On page 947, line 15, strike ``are--'' and insert ``are 
     to--''.
       On page 947, line 16, strike ``to''.
       On page 947, line 18, strike ``to''.
       On page 947, line 22, strike ``to provide'' and insert 
     ``provide''.
       On page 947, line 24, strike ``to examine'' and insert 
     ``examine''.
       On page 956, line 12, strike ``assistance'' and insert 
     ``share''.
       On page 964, lines 9 and 10, strike ``titles I, III, and 
     V'' and insert ``title I''.
       On page 965, line 24, strike ``subsection'' and insert 
     ``section''.
       On page 971, line 9, strike ``apportioned'' and insert 
     ``authorized''.
       On page 971, line 11, insert ``under section 507 of title 
     23, United States Code'' before the period at the end.
       On page 977, strike lines 3 through 8 and insert the 
     following:
       (1) $426,200,000 for fiscal year 2004;
       (2) $435,200,000 for fiscal year 2005;
       (3) $443,200,000 for fiscal year 2006;
       (4) $450,200,000 for fiscal year 2007;
       (5) $456,200,000 for fiscal year 2008; and
       (6) $463,200,000 for fiscal year 2009.
       On page 978, in the matter following line 10, strike 
     ``Subchapter I--Surface Transportation'' and insert the 
     following:


                 ``SUBCHAPTER I--SURFACE TRANSPORTATION

       On page 978, in the matter following line 10, insert after 
     the item relating to section 510 the following:
``511. Multistate corridor operations and management.
       On page 981, line 20, insert ``and appropriate'' after 
     ``practicable''.
       On page 989, strike lines 11 through 15 and insert the 
     following:
       ``(15) the improvement of surface transportation planning;
       ``(16) environmental research;
       ``(17) transportation system management and operations; and
       ``(18) any other surface transportation research
       On page 996, line 13, insert ``and innovation'' after 
     ``technology''.
       On page 996, lines 16 and 17, strike ``innovative 
     technologies'' and insert ``technology and innovation''.
       On page 1004, line 23, strike ``expended by'' and insert 
     ``available for expenditure by''.
       On page 1017, line 16, strike ``ENVIRONMENT'' and insert 
     ``ENVIRONMENTAL''.
       On page 1017, line 19, strike ``environment'' and insert 
     ``environmental''.
       On page 1025, strike lines 9 and 10 and insert the 
     following:
       ``(D) planning and environment;
       ``(E) policy; and
       ``(F) asset management.
       On page 1025, line 15, strike ``highway'' and insert 
     ``surface transportation''.
       On page 1025, line 19, strike ``highway'' and insert 
     ``surface transportation''.
       On page 1055, line 9, strike ``2004'' and insert ``2005''.
       On page 1057, line 22, strike ``22''.
       On page 1060, strike line 12 and insert the following:
       (d) Allocations.--
       On each page on which ``Safe, Accountable, Flexible, and 
     Efficient Transportation Equity Act of 2003'' appears, strike 
     ``Safe, Accountable, Flexible, and Efficient Transportation 
     Equity Act of 2003'' and insert ``Safe, Accountable, 
     Flexible, and Efficient Transportation Equity Act of 2004''.
                                 ______
                                 
  SA 2266. Mr. GREGG proposed an amendment to amendment SA 2265 
proposed by Mr. Bond (for himself, Mr. Inhofe, Mr. Jeffords, and Mr. 
Reid) to the bill S. 1072, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
as follows:

       At the appropriate place in the amendment insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2003.''

     SEC. 2. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and their employees to reach and maintain 
     agreements concerning rates of pay, hours, and working 
     conditions, and to make all reasonable efforts through 
     negotiations to settle their differences by mutual agreement 
     reached through collective bargaining or by such methods as 
     may be provided for in any applicable agreement for the 
     settlement of disputes.
       (3) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State, political 
     subdivision of a State, the District of Columbia, or any 
     territory or possession of the United States that employs 
     public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C. 203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204(5) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(5)).
       (7) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (8) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (9) Substantially provides.--The term ``substantially 
     provides'' means compliance with the essential requirements 
     of this Act, specifically, the right to form and join a labor 
     organization, the right to bargain over wages, hours, and 
     conditions of employment, the right to sign an enforceable 
     contract, and availability of some form of mechanism to break 
     an impasse, such as arbitration, mediation, or fact finding.
       (10) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this Act. If 
     no such State law is in effect, the term means an individual, 
     employed by a public safety employer, who--

[[Page 1027]]

       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b). In making such determinations, the Authority shall 
     consider and give weight, to the maximum event practicable, 
     to the opinion of affected parties.
       (2) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Director shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any State, political subdivision of a 
     State, or person aggrieved by a determination of the 
     Authority under this section may, during the 60 day period 
     beginning on the date on which the determination was made, 
     petition any United States Court of Appeals in the circuit in 
     which the person resides or transacts business or in the 
     District of Columbia circuit, for judicial review. In any 
     judicial review of a determination by the Authority, the 
     procedures contained in subsections (c) and (d) of section 
     7123 of title 5, United States Code, shall be followed, 
     except that any final determination of the Authority with 
     respect to questions of fact or law shall be found to be 
     conclusive unless the court determines that the Authority's 
     decision was arbitrary and capricious.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management and 
     supervisory employees, that is, or seeks to be, recognized as 
     the exclusive bargaining representatives of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Requiring an interest impasse resolution mechanism, 
     such as fact-finding, mediation, arbitration or comparable 
     procedures.
       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and
       (B) any written contract or memorandum of understanding.
       (c) Failure To Meet Requirements.--
       (1) In general.--If the Authority determines, acting 
     pursuant to its authority under subsection (a), that a State 
     does not substantially provide for the rights and 
     responsibilities described in subsection (b), such State 
     shall be subject to the regulations and procedures described 
     in section 5.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date that is 2 years after the date of enactment of this Act.

     SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section 4(b) establishing collective bargaining procedures 
     for public safety employers and officers in States which the 
     Authority has determined, acting pursuant to its authority 
     under section 4(a), do not substantially provide for such 
     rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this Act and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators;
       (6) protect the right of each employee to form, join, or 
     assist any labor organization, or to refrain from any such 
     activity, freely and without fear of penalty or reprisal, and 
     protect each employee in the exercise of such right; and
       (7) take such other actions as are necessary and 
     appropriate to effectively administer this Act, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code, except that any 
     final order of the Authority with respect to questions of 
     fact or law shall be found to be conclusive unless the court 
     determines that the Authority's decision was arbitrary and 
     capricious.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by its 
     subsection to bring a suit to enforce compliance with any 
     order issued by the Authority pursuant to this section shall 
     terminate upon the filing of a petition seeking the same 
     relief by the Authority.

     SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

       A public safety employer, officer, or labor organization 
     may not engage in a lockout, sickout, work slowdown, or 
     strike or engage in any other action that is designed to 
     compel an employer, officer, or labor organization to agree 
     to the terms of a proposed contract and that will measurably 
     disrupt the delivery of emergency services, except that it 
     shall not be a violation of this section for an employer, 
     officer, or labor organization to refuse to provide services 
     not required by the terms and conditions of an existing 
     contract.

     SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) in effect on 
     the day before the date of enactment of this Act shall not be 
     invalidated by the enactment of this Act.

     SEC. 8. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this Act shall be construed--
       (1) to invalidate or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides collective 
     bargaining rights for public safety officers that are equal 
     to or greater than the rights provided under this Act;
       (2) to prevent a State from enforcing a right-to-work law 
     that prohibits employers and labor organizations from 
     negotiating provisions in a labor agreement that require 
     union membership or payment of union fees as a condition of 
     employment;
       (3) to invalidate any State law in effect on the date of 
     enactment of this Act that substantially provides for the 
     rights and responsibilities described in section 4(b) solely 
     because such State law permits an employee to appear on his 
     or her own behalf with respect to his or her employment 
     relations with the public safety agency involved; or
       (4) to permit parties subject to the National Labor 
     Relations Act (29 U.S.C. 151 et seq.) and the regulations 
     under such Act to negotiate provisions that would prohibit an 
     employee from engaging in part-time employment or volunteer 
     activities during off-duty hours; or
       (5) to prohibit a State from exempting from coverage under 
     this Act a political subdivision of the State that has a 
     population of less than 5,000 or that employs less than 25 
     full time employees.
       For purposes of paragraph (5), the term ``employee'' 
     includes each and every individual employed by the political 
     subdivision except any individual elected by popular vote or 
     appointed to serve on a board or commission.
       (b) Compliance.--No State shall preempt laws or ordinances 
     of any of its political subdivisions if such laws provide 
     collective bargaining rights for public safety officers that 
     are equal to or greater than the rights provided under this 
     Act.

[[Page 1028]]



     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this Act.
                                 ______
                                 
  SA 2267. Mr. DORGAN proposed an amendment to the bill S. 1072, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit program, and for other purposes; as follows:

       On page 880, after the item following line 6, insert the 
     following:

     SEC. 1621. EXEMPTION FROM CERTAIN HAZARDOUS MATERIALS 
                   TRANSPORTATION REQUIREMENTS.

       (a) Definition of Eligible Person.--In this section, the 
     term ``eligible person'' means an individual or entity that 
     is eligible to receive benefits in accordance with section 
     1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a).
       (b) Exemption.--Subject to subsection (c), part 172 of 
     title 49, Code of Federal Regulations, shall not apply to an 
     eligible person that transports or offers for transport a 
     fertilizer, pesticide, or fuel for agricultural purposes, to 
     the extent determined by the Secretary.
       (c) Applicability.--Subsection (b) applies to--
       (1) security plan requirements under subpart I of part 172 
     of title 49, Code of Federal Regulations (or a successor 
     regulation); and
                                 ______
                                 
  SA 2268. Mr. GREGG proposed an amendment to amendment SA 2267 
proposed by Mr. Dorgan to the bill S. 1072, to authorize funds for 
Federal-aid highways, highway safety programs, and transit program, and 
for other purposes; as follows:

       At the appropriate place, add the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2003''.

     SEC. 2. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and their employees to reach and maintain 
     agreements concerning rates of pay, hours, and working 
     conditions, and to make all reasonable efforts through 
     negotiations to settle their differences by mutual agreement 
     reached through collective bargaining or by such methods as 
     may be provided for in any applicable agreement for the 
     settlement of disputes.
       (3) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the moral of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State political 
     subdivision of a State, the District of Columbia, or any 
     territory or possession of the United States that employs 
     public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities.'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C. 203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204(5) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(5)).
       (7) Management employee.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (8) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (9) Substantially provides.--The term ``substantially 
     provides'' means compliance with the essential requirements 
     of this Act, specifically, the right to form and join a labor 
     organization, the right to bargain over wages, hours, and 
     conditions of employment, the right to sign an enforceable 
     contract, and availability of some form of mechanism to break 
     an impasse, such as arbitration, medication, or fact finding.
       (10) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date

     enactment of this Act. If no such State law is in effect, the 
     term means an individual, employed by a public safety 
     employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b). In making such determinations, the Authority shall 
     consider and give weight, to the maximum extent practicable, 
     to the opinion of affected parties.
       (2) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Director shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any State, political subdivision of a 
     State, or person aggrieved by a determination of the 
     Authority under this section may, during the 60-day period 
     beginning on the date on which the determination was made, 
     petition any United States Court of Appeals in the circuit in 
     which the person resides or transacts business or in the 
     District of Columbia circuit, for judicial review. In any 
     judicial review of a determination by the Authority, the 
     procedures contained in subsections (c) and (d) of section 
     7123 of title 5, United States Code, shall be followed, 
     except that any final determination of the Authority with 
     respect to questions of fact or law shall be found to be 
     conclusive unless the court determines that the Authority's 
     decision was arbitrary and capricious.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management and 
     supervisory employees, that is, or seeks to be, recognized as 
     the exclusive bargaining representative of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Requiring an interest impasse resolution mechanism, 
     such as fact-finding, mediation, arbitration or comparable 
     procedures.
       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and

[[Page 1029]]

       (B) any written contract or memorandum of understanding.
       (c) Failure To Meet Requirements.--
       (1) In general.--If the Authority determines, acting 
     pursuant to its authority under subsection (a), that a State 
     does not substantially provide for the rights and 
     responsibilities described in subsection (b), such State 
     shall be subject to the regulations and procedures described 
     in section 5.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date that is 2 years after the date of enactment of this Act.

     SEC. 5 ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section 4(b) establishing collective bargaining procedures 
     for public safety employers and officers in States which the 
     Authority has determined, acting pursuant to its authority 
     under section 4(a), do not substantially provide for such 
     rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority to the extent provided in this Act and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organizations representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators;
       (6) protect the right of each employee to form, join, or 
     assist any labor organization, or to refrain from any such 
     activity, freely and without fear of penalty or reprisal, and 
     protect each employee in the exercise of such right; and
       (7) take such other actions as are necessary and 
     appropriate to effectively administer this Act, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code, except that any 
     final order of the Authority with respect to questions of 
     fact or law shall be found to be conclusive unless the court 
     determines that the Authority's decision was arbitrary and 
     capricious.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by 
     this subsection to bring a suit to enforce compliance with 
     any order issued by the Authority pursuant to this section 
     shall terminate upon the filing of a petition seeking the 
     same relief by the Authority.

     SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

       A public safety employer, officer, or labor organization 
     may not engage in a lockout, sickout, work slowdown, or 
     strike or engage in any other action that is designed to 
     compel an employer, officer, or labor organization to agree 
     to the terms of a proposed contract and that will measurably 
     disrupt the delivery of emergency services, except that it 
     shall not be a violation of this section for an employer, 
     officer, or labor organization to refuse to provide services 
     not required by the terms and conditions of an existing 
     contract.

     SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) in effect on 
     the day before the date of enactment of this Act shall not be 
     invalidated by the enactment of this Act.

     SEC. 8. CONSTRUCTION AND COMPLIANCE.

        (a) Construction.--Nothing in this Act shall be 
     construed--
        (1) to invalidate or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides collective 
     bargaining rights for public safety officers that are equal 
     to or greater than the rights provided under this Act;
        (2) to prevent a State from enforcing a right-to-work law 
     that prohibits employers and labor organizations from 
     negotiating provisions in a labor agreement that require 
     union membership or payment of union fees as a condition of 
     employment;
        (3) to invalidate any State law in effect on the date of 
     enactment of this Act that substantially provides for the 
     rights and responsibilities described in section 4(b) solely 
     because such State law permits an employee to appear on his 
     or her own behalf with respect to his or her employment 
     relations with the public safety agency involved; or
        (4) to permit parties subject to the National Labor 
     Relations Act (29 U.S.C. 151 et seq.) and the regulations 
     under such Act to negotiate provisions that would prohibit an 
     employee from engaging in part-time employment or volunteer 
     activities during off-duty hours; or
        (5) to prohibit a State from exempting from coverage under 
     this Act a political subdivision of the State that has a 
     population of less than 5,000 or that employs less than 25 
     full-time employees.
        For purposes of paragraph (5), the term ``employee'' 
     includes each and every individual employed by the political 
     subdivision except any individual elected by popular vote or 
     appointed to serve on a board or commission.
        (b)  Compliance.--No State shall preempt laws or 
     ordinances of any of its political subdivisions if such laws 
     provide collective bargaining rights for public safety 
     officers that are equal to or greater than the rights 
     provided under this Act.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as may 
     be necessary to carry out the provisions of this Act.

                          ____________________