[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Pages 3037-3038]
[From the U.S. Government Publishing Office, www.gpo.gov]




SAFE, ACCOUNTABLE, FLEXIBLE, AND EFFICIENT TRANSPORTATION EQUITY ACT OF 
                                  2003

  Mr. DORGAN. Mr. President, I rise today to discuss S. 1072, the Safe, 
Accountable, Flexible, and Efficient Transportation Equity Act of 2003.
  The transportation bill is a needed investment for America's 
infrastructure. Our Nation's roads, bridges and transit systems need 
help now. Thirty-eight percent of our Nation's major roads are in poor 
or fair condition, and 28 percent of our bridges are structurally 
deficient and unsafe for travel.
  This bill is important for the economy as well. Transportation 
surpasses education and recreation and nearly equals health care and 
food as a contributor to economic growth, and the transportation sector 
is critical to jobs, employing millions of workers. A 6-year, $311 
billion transportation bill will create more than 830,000 jobs across 
the United States.
  I want to specifically mention how important transportation funding 
is to North Dakota. North Dakota has only 17 people per lane mile of 
Federal-aid highway; the national average is 124. As a result, there is 
a huge per capita investment by North Dakota citizens to support a 
national transportation system.
  That means that Federal aid is critical for ensuring the development, 
safety and reliability of transportation infrastructure, as it simply 
does not have the population to support its needs. The $1.463 billion 
that North Dakota is projected to receive over the next 6 years will 
benefit the infrastructure, economy, and citizens of North Dakota, and 
the many others who use North Dakota's roadways for interstate commerce 
and tourism.
  Chairman Inhofe and Ranking Member Jeffords worked hard to ensure 
that rural States would receive adequate funding in this bill, and I 
thank them for their efforts. I emphasize that we must continue to work 
to preserve this funding as this bill proceeds. I also thank them for 
their work to include two of my amendments in S. 1072.
  My first amendment will ease the burdens of cumbersome hazardous 
materials regulations on small farmers. Farmers driving their pickup 
trucks with a 120-gallon tank of fuel in the back should not have to 
file security plans. These farmers are not a threat to our Nation's 
security, and my amendment exempts them from these unnecessary rules.
  My second amendment will ensure that States prohibit open containers 
of alcoholic beverages in vehicles. In this day and age, it is 
unbelievable that someone can still drive with one hand on the wheel 
and one hand holding an open bottle of Jack Daniels, and my amendment 
takes action so that States crack down on this violation.
  Lastly, I want to say that it is unfortunate that we were not able 
take up amendments that Senator Burns, Senator Rockefeller and I 
submitted to address current problems with rail policy in this Nation.

[[Page 3038]]

  While more than 40 major railroads existed in 1980, these have now 
consolidated to seven, with four major railroads generating over 90 
percent of the total annual rail revenue. The previous Interstate 
Commerce Commission, and the current Surface Transportation Board, STB, 
have failed to implement captive customer protections, and in fact have 
interpreted the deregulation act to allow railroads to deny rail 
customer access to rail competition. As a result, today we have a 
national rail industry that is both deregulated and retains almost 
unchecked monopoly power over at least 30 percent of its customers.
  This issue hits home for my constituents and me. Grain production is 
a major industry in my State. Unfortunately, our grain producers are 
captive to a single railroad. That railroad consistently charges rates 
that are so outrageously high that our grain loses access to both U.S. 
and foreign markets. When we do move our grain at these high rail 
rates, every dollar for rail transportation comes out of the pockets of 
our grain farmers in the form of reduced net-backs from their grain 
sales.
  It is unfortunate that our rail amendments could not be offered for a 
full debate and vote. They would have begun to introduce the 
competition in the national rail system that should have resulted from 
deregulation 23 years ago. These amendments would have provided some 
much needed relief to our farmers, manufacturers and electric 
ratepayers and would help save American jobs for Americans. I will 
continue to work for a chance to take action on these amendments and 
move our rail system toward the efficient, procompetitive system this 
Nation needs and deserves.

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