Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 109 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, MONDAY, MAY 9, 2005 No. 59 House of Representatives The House met at noon and was PLEDGE OF ALLEGIANCE 1886. A letter from the Principal Deputy called to order by the Speaker pro tem- The SPEAKER pro tempore. The Associate Administrator, Environmental pore (Mr. WOLF). Protection Agency, transmitting the Agen- Chair will lead the House in the Pledge cy’s final rule — Bacillus thuringiensis f of Allegiance. VIP3A Protein and the Genetic Material DESIGNATION OF THE SPEAKER The SPEAKER pro tempore led the Necessary for its Production; Temporary Ex- PRO TEMPORE Pledge of Allegiance as follows: emption From the Requirement of a Toler- I pledge allegiance to the Flag of the ance [OPP-2005-0083; FRL-7706-7] received The SPEAKER pro tempore laid be- United States of America, and to the Repub- April 27, 2005, pursuant to 5 U.S.C. fore the House the following commu- lic for which it stands, one nation under God, 801(a)(1)(A); to the Committee on Agri- nication from the Speaker: indivisible, with liberty and justice for all. culture. 1887. A letter from the Principal Deputy WASHINGTON, DC, f May 9, 2005. Associate Administrator, Environmental I hereby appoint the Honorable FRANK R. APPOINTMENT AS MEMBERS TO Protection Agency, transmitting the Agen- WOLF to act as Speaker pro tempore on this THE HELPING TO ENHANCE THE cy’s final rule — Trifluralin; Pesticide Toler- day. LIVELIHOOD OF PEOPLE (HELP) ance [OPP-2004-0142; FRL-7710-9] received April 27, 2005, pursuant to 5 U.S.C. J. DENNIS HASTERT, AROUND THE GLOBE COMMIS- Speaker of the House of Representatives. 801(a)(1)(A); to the Committee on Agri- SION culture. f The SPEAKER pro tempore. Pursu- 1888. A letter from the Principal Deputy PRAYER Associate Administrator, Environmental ant to section 637(d)(1) of the HELP Protection Agency, transmitting the Agen- The Reverend Dr. Barry C. Black, Commission Act (22 U.S.C. 2394b) and cy’s final rule — Approval and Promulgation Chaplain, United States Senate, offered the order of the House of January 4, of Air Quality Implementation Plans; Maine; the following prayer: 2005, the Chair announces that on Fri- Low Emission Vehicle Program [R01-OAR- O God, who redeems our lives and day, May 6, 2005, the Speaker appointed 2004-ME-0004; A-1-FRL-7900-6] received April snatches us from the power of death, the following members on the part of 27, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the House to the Helping to Enhance the Committee on Energy and Commerce. help us to see that in spite of our best 1889. A letter from the Principal Deputy plans for today, Your purposes will pre- the Livelihood of People (HELP) Associate Administrator, Environmental vail. Teach us to submit to Your Around the Globe Commission: Protection Agency, transmitting the Agen- unstoppable providence, knowing that Mr. Robert H. Michel, Washington, cy’s final rule — Approval and Promulgation You desire to prosper us and give us D.C; of Air Quality Implementation Plans; Mary- success. Remind us that when we help Mrs. Jennifer Dunn, Virginia; land; Clarification of Visible Emissions Ex- those on life’s margins, we lend to You. Mr. William C. Lane, Virginia; ception Provisions [RME-OAR-2005-MD-0002; Mr. Nicholas Eberstadt, Virginia. FRL-7904-2] received April 27, 2005, pursuant Accompany the Members of the f to 5 U.S.C. 801(a)(1)(A); to the Committee on House of Representatives today in Energy and Commerce. their challenging work. Give them the ADJOURNMENT 1890. A letter from the Principal Deputy security of Your spirit as You protect The SPEAKER pro tempore. Without Associate Administrator, Environmental them from harm. Shine the warmth of objection, the House stands adjourned Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation Your presence upon them during their until 12:30 p.m. tomorrow for morning moments of uncertainty. Lord, answer of Air Quality Implementation Plans; Vir- hour debates. ginia; Revision Establishing the Western them from Your holy heaven and res- There was no objection. Virginia VOC and NOX Emissions Control cue them by Your great might. Accordingly (at 12 o’clock and 3 min- Area, and Providing the Enabling Authority We pray this in Your powerful name. utes p.m.), under its previous order, the for NOX RACT Determination in the Area Amen. House adjourned until tomorrow, Tues- [R03-OAR-2005-VA-0002; FRL-7904-9] received f day, May 10, 2005, at 12:30 p.m., for April 27, 2005, pursuant to 5 U.S.C. morning hour debates. 801(a)(1)(A); to the Committee on Energy and THE JOURNAL Commerce. f The SPEAKER pro tempore. The 1891. A letter from the Principal Deputy Chair has examined the Journal of the EXECUTIVE COMMUNICATIONS, Associate Administrator, Environmental ETC. Protection Agency, transmitting the Agen- last day’s proceedings and announces cy’s final rule — Approval and Promulgation to the House his approval thereof. Under clause 8 of rule XII, executive of Air Quality Implementation Plans; Vir- Pursuant to clause 1, rule I, the Jour- communications were taken from the ginia; Minor Revisions to the Fugitive Dust nal stands approved. Speaker’s table and referred as follows: and Waiver Requirements [R03-OAR-2005-VA-

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 04 2004 23:42 May 09, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09MY7.000 H09PT1 H3060 CONGRESSIONAL RECORD — HOUSE May 9, 2005 0003; FRL-7905-9] received April 27, 2005, pur- 1901. A letter from the Presidential Ap- [The following action occurred on May 6, 2005] suant to 5 U.S.C. 801(a)(1)(A); to the Com- pointments Officer, Department of State, H.R. 742. Referral to the Committee on the mittee on Energy and Commerce. transmitting a report pursuant to the Fed- Judiciary extended for a period ending not 1892. A letter from the Principal Deputy eral Vacancies Reform Act of 1998; to the later than May 20, 2005. Associate Administrator, Environmental Committee on Government Reform. Protection Agency, transmitting the Agen- 1902. A letter from the Presidential Ap- cy’s final rule — Approval and Promulgation pointments Officer, Department of State, f of Implementation Plans; Wallula, Wash- transmitting a report pursuant to the Fed- ington PM10 Nonattainment Area; Serious eral Vacancies Reform Act of 1998; to the PUBLIC BILLS AND RESOLUTIONS Area Plan for Attainment of the Annual and Committee on Government Reform. 24-Hour PM10 Standards [R10-OAR-2004-WA- 1903. A letter from the Presidential Ap- Under clause 2 of rule XII, 0001; FRL-7094-7] received April 27, 2005, pur- pointments Officer, Department of State, Mr. PICKERING introduced a bill (H.R. suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting a report pursuant to the Fed- 2206) to amend the Public Health Service Act mittee on Energy and Commerce. eral Vacancies Reform Act of 1998; to the to establish a competitive grant program to 1893. A letter from the Principal Deputy Committee on Government Reform. build capacity in veterinary medical edu- Associate Administrator, Environmental 1904. A letter from the General Counsel, Of- cation and expand the workforce of veteri- Protection Agency, transmitting the Agen- fice of Management and Budget, transmit- narians engaged in public health practice cy’s final rule — Approval and Promulgation ting a report pursuant to the Federal Vacan- and biomedical research; which was referred of Implementation Plan; Wisconsin [R05- cies Reform Act of 1998; to the Committee on to the Committee on Energy and Commerce. OAR-2004-WI-0001; FRL-7901-2] received April Government Reform. 27, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to 1905. A letter from the Chief Justice, Su- the Committee on Energy and Commerce. preme Court of the United States, transmit- f 1894. A letter from the Principal Deputy ting amendments to the Federal Rules of Associate Administrator, Environmental Criminal Procedure that have been adopted ADDITIONAL SPONSORS TO PUBLIC by the Court, pursuant to 28 U.S.C. 2072; (H. Protection Agency, transmitting the Agen- BILLS AND RESOLUTIONS cy’s final rule — Approval and Promulgation Doc. No. 109–22); to the Committee on the Ju- of Plan for the Control of Designated Pollut- diciary and ordered to be printed. Under clause 7 of rule XII, sponsors ants; Maine; Total Reduced Sulfur From Ex- 1906. A letter from the Chief Justice, Su- were added to public bills and resolu- isting Kraft Pulp Mills [R01-OAR-2004-ME- preme Court of the United States, transmit- tions as follows: 0002; A-1-FRL-7903-9] received April 27, 2005, ting amendments to the Federal Rules of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Civil Procedure that have been adopted by H.R. 47: Mr. SODREL, Mr. CONAWAY, Mr. mittee on Energy and Commerce. the Court, pursuant to 28 U.S.C. 2072; (H. BURTON of Indiana, Mr. JOHNSON of Illinois, 1895. A letter from the Principal Deputy Doc. No. 109–23); to the Committee on the Ju- and Mr. MCINTYRE. Associate Administrator, Environmental diciary and ordered to be printed. H.R. 98: Mr. ROYCE. Protection Agency, transmitting the Agen- 1907. A letter from the Chief Justice, Su- H.R. 222: Mr. MCCAUL of Texas. cy’s final rule — National Priorities List for preme Court of the United States, transmit- H.R. 250: Mr. UPTON and Mr. GILLMOR. Uncontrolled Hazardous Waste Sites [FRL- ting amendments to the Federal Rules of Ap- H.R. 371: Mr. LEWIS of Kentucky. 7903-7] received April 27, 2005, pursuant to 5 pellate Procedure that have been adopted by H.R. 442: Mr. HALL. U.S.C. 801(a)(1)(A); to the Committee on En- the Court, pursuant to 28 U.S.C. 2072; (H. H.R. 503: Ms. ZOE LOFGREN of California ergy and Commerce. Doc. No. 109–24); to the Committee on the Ju- and Mr. WYNN. 1896. A letter from the Principal Deputy diciary and ordered to be printed. H.R. 752: Mr. LEWIS of Georgia, Mr. RAN- Associate Administrator, Environmental 1908. A letter from the Chief Justice, Su- GEL, and Mr. DAVIS of Florida. Protection Agency, transmitting the Agen- preme Court of the United States, transmit- H.R. 820: Mr. DOGGETT. cy’s final rule — Revision to the California ting amendments to the Federal Rules of H.R. 887: Mr. PLATTS and Mr. HOLDEN. State Implementation Plan, Monterey Bay Bankruptcy Procedure that have been adopt- H.R. 1245: Mr. DAVIS of Alabama, Mr. Unified Air Pollution Control District and ed by the Court, pursuant to 28 U.S.C. 2075; BONNER, Mr. DREIER, Mr. COLE of Oklahoma, San Joaquin Valley Unified Air Pollution (H. Doc. No. 109–25); to the Committee on the Mr. CLAY, Mr. KING of New York, Mr. Control Districts [R09-OAR-2005-CA-01; FRL- Judiciary and ordered to be printed. ENGLISH OF PENNSYLVANIA, Mr. GUTKNECHT, 1909. A letter from the Program Analyst, 7900-3] received April 27, 2005, pursuant to 5 Mrs. CUBIN, Mr. HERGER, and Mr. LANGEVIN. FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on En- H.R. 1335: Mr. NORWOOD, Mr. JONES of mitting the Department’s final rule — Rules ergy and Commerce. North Carolina, and Mr. CUMMINGS. 1897. A letter from the Director, Office of of Practice in FAA Civil Penalty Actions — H.R. 1363: Mr. GILLMOR. White House Liaison, Department of Edu- received May 5, 2005, pursuant to 5 U.S.C. H.R. 1378: Mr. HULSHOF. cation, transmitting a report pursuant to 801(a)(1)(A); to the Committee on Transpor- H.R. 1496: Mr. MORAN of Kansas. the Federal Vacancies Reform Act of 1998; to tation and Infrastructure. H.R. 1636: Mrs. CHRISTENSEN and Mrs. the Committee on Government Reform. 1910. A letter from the Secretary, Federal LOWEY. 1898. A letter from the Director, Office of Maritime Commission, transmitting the H.R. 1671: Mr. FILNER, Mr. PAUL, and Mr. White House Liaison, Department of Edu- Commission’s final rule — Update of Exist- PAYNE. cation, transmitting a report pursuant to ing and Addition of New Filing Fees [Docket H.R. 1674: Mr. SHAYS and Mr. REICHERT. the Federal Vacancies Reform Act of 1998; to No. 04-11] (RIN: 3072-AC27) received March 22, the Committee on Government Reform. 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1749: Mr. BUTTERFIELD. 1899. A letter from the Director, Office of Committee on Transportation and Infra- H.R. 1957: Mr. MCCRERY, Mr. JONES of White House Liaison, Department of Edu- structure. North Carolina, and Mr. HAYES. cation, transmitting a report pursuant to H.R. 2003: Mr. HIGGINS. f the Federal Vacancies Reform Act of 1998; to H.R. 2043: Mr. FOLEY, Mr. ISSA, Mr. the Committee on Government Reform. TIME LIMITATION OF REFERRED FATTAH, and Mr. MORAN of Virginia. 1900. A letter from the Presidential Ap- BILL PURSUANT TO RULE XII H. Res. 245: Mr. HOLT, Mr. NEAL of Massa- pointments Officer, Department of State, chusetts, Mr. CHANDLER, Mr. HIGGINS, Mr. transmitting a report pursuant to the Fed- Pursuant to clause 2 of rule XII the OLVER, Ms. MCCOLLUM of Minnesota, Ms. eral Vacancies Reform Act of 1998; to the following action was taken by the HERSETH, Ms. WASSERMAN SCHULTZ, Mr. Committee on Government Reform. Speaker: DELAHUNT, and Mr. DOGGETT.

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Vol. 151 WASHINGTON, MONDAY, MAY 9, 2005 No. 59 Senate The Senate met at 2 p.m. and was appoint the Honorable RICHARD BURR, a Sen- Having said that, be prepared for full called to order by the Honorable RICH- ator from the State of North Carolina, to sessions to consider and dispose of ARD BURR, a Senator from the State of perform the duties of the Chair. highway amendments over the next few North Carolina. TED STEVENS, days. As I think about it, I want to President pro tempore. make it clear to our Members, we will PRAYER Mr. BURR thereupon assumed the be voting throughout this week, in- The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. cluding Friday. fered the following prayer: f With respect to the emergency sup- Let us pray. RESERVATION OF LEADER TIME plemental appropriations bill, that Our God, Creator of all life, we come should now be at the desk. Our expec- in thankfulness because You have The ACTING PRESIDENT pro tem- tation is to begin debate on that con- loved us through all the days of our pore. Under the previous order, the ference report this evening. I hope any lives. We find peace in the knowledge leadership time is reserved. Member who wants to speak will stay that You know us and accept us as we f this evening for debate in order to are. Thank You for enabling us to run schedule a vote on the emergency sup- RECOGNITION OF THE MAJORITY and not be weary, to walk and not plemental appropriations conference LEADER faint. Keep us always in Your care. report sometime tomorrow, hopefully Bless our Senators. Forgive them The ACTING PRESIDENT pro tem- early tomorrow. I will be consulting when they make mistakes and give pore. The majority leader is recog- further with the Democrat leader on them comfort when they feel down- nized. the exact timing but, again, we want to hearted. Keep them from selfishness. f vote as early as possible on Tuesday so Give them wisdom and courage to live we can get back to the highway bill. each day as Your children and as SCHEDULE I thank our colleagues in advance for brothers and sisters to each other. Mr. FRIST. Mr. President, today we their help on these two important God, bless our Nation, drive back the will shortly resume consideration of measures. forces of evil and release the powers of the highway bill. There are a couple of Mr. REID. Mr. President, if I could goodness throughout our land. Members desiring to speak on other make a brief comment on the highway We pray in Your strong Name, Amen. subjects prior to going back to the bill: I agree with the distinguished f highway legislation, and we will ac- leader that we need to move forward on commodate those statements. I will this bill. I have been advised over the PLEDGE OF ALLEGIANCE have a brief statement. The Democrat last several days, and had a couple The Honorable RICHARD BURR led the leader has a statement, as well. calls this morning, that they are hav- Pledge of Allegiance, as follows: Chairman INHOFE will be managing ing problems with the transit section I pledge allegiance to the Flag of the the highway bill today. As we an- of the bill. Senators SHELBY and SAR- United States of America, and to the Repub- nounced prior to the recess, we expect BANES want a little different formula lic for which it stands, one nation under God, a vote this evening at approximately than is in the bill. They are working on indivisible, with liberty and justice for all. 5:30 p.m. That vote will be in relation that now as we speak. I hope they can f to an amendment on the highway bill. get that worked out. A significant APPOINTMENT OF ACTING Several Senators have indicated they amount of work has gone into the bill PRESIDENT PRO TEMPORE would be available today to offer not only by members of the Environ- amendments. We hope to schedule one ment and Public Works Committee and The PRESIDING OFFICER. The of those for a vote this evening. the Banking Committee, which has ju- clerk will please read a communication We are now beginning our second risdiction over transit, but also by the to the Senate from the President pro week of work on the highway bill. The Finance Committee. It is a very com- tempore (Mr. STEVENS). managers have patiently waited for The legislative clerk read the fol- plicated bill. Members to come to the Senate to offer I underscore what the distinguished lowing letter: their amendments. I am concerned Republican leader said. It is my under- U.S. SENATE, about the pace of the bill. We need to standing that Senators BAUCUS and PRESIDENT PRO TEMPORE, Washington, DC, May 9, 2005. finish the bill this week. I put our col- GRASSLEY are going to lay down an To the Senate: leagues on notice that we will use clo- amendment today. I hope everyone Under the provisions of rule I, paragraph 3, ture if necessary to bring this bill to would offer their amendments on this of the Standing Rules of the Senate, I hereby conclusion. bill. I have had a lot of comments from

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4612 CONGRESSIONAL RECORD — SENATE May 9, 2005 Members saying they have concerns nominees continue to be blocked. Each JUDICIAL NOMINATIONS about what is in the bill. This is an op- has been rated ‘‘qualified’’ or ‘‘well- Mr. REID. Mr. President, of the ini- portunity to lay down the amend- qualified’’ by the American Bar Asso- tial Bush nominees, the 10 or 11 we are ments. We have been told by the distin- ciation, each has the majority support talking about today, 8 have been con- of the Senate, and each would be con- guished Republican leader today that if firmed; only 3 were not. Of course, one firmed if brought to the Senate floor to there is no progress on this bill he is of those, Miguel Estrada, has not been going to file cloture. This is the high- a vote. Meanwhile, the other side threatens renominated. Another, Terrence Boyle, way bill. This is not a bill where clo- has never been reported by the Judici- ture will not be invoked. There is wide- to shut down the Senate and obstruct government itself if it does not get its ary Committee, even after 4 years of ranging support for this bill. Republican control. So only one of the I hope everyone follows the admoni- way. Instead of thoughtful deliberation and debate, a small minority is at- initial nominees, Priscilla Owen, is tion the Republican leader just gave currently on the calendar. and be ready with amendments be- tempting to change 225 years of constitutional history. Former Senate ma- I think the Democrats have been re- cause, if we wind up waiting much sponsible and reasonable in exercising longer, we will not have an opportunity jority leader Bob Dole is correct when he says: advice and consent regarding this ini- to do that. tial nominee. The ACTING PRESIDENT pro tem- By creating a new threshold for the con- Regarding Priscilla Owen, she served pore. The majority leader. firmation of judicial nominees, the Demo- cratic minority has abandoned the tradition on the Texas Supreme Court with the f of mutual self-restraint that has long al- President’s lawyer, Alberto Gonzales, JUDICIAL NOMINATIONS lowed the Senate to function. who is now the Attorney General. Precedent has been replaced with Mr. FRIST. Mr. President, 4 years Judge Gonzales wrote that several of partisanship, and respect for the sepa- Judge Owen’s opinions were acts of un- ago today President Bush nominated ration of powers tossed aside. Miguel Estrada to the District of Co- conscionable activism. Now, 12 of the 16 court of appeals va- I am concerned the Senate is heading lumbia Circuit Court of Appeals. His cancies have been officially declared nomination should have gone smooth- toward an unnecessary showdown over judicial emergencies. The Department judicial nominations. One of the Hill ly. The American Bar Association proof Justice tells us that the delay newspapers recently reported that my nounced him highly qualified, a rating caused by these vacancies is compli- distinguished friend, the majority lead- my colleagues on the other side of the cating their ability to prosecute crimi- er, is under enormous pressure from aisle once called the gold standard. He nals. The Department also reports that right-wing groups to trigger the so- clerked for a Supreme Court Justice due to the delay in deciding immigra- and worked in both the Bush and Clin- tion appeals, it cannot quickly deport called nuclear option. So many of our ton administrations. illegal aliens who are convicted mur- colleagues, Democrats and Repub- The Honduran immigrant then won derers, rapists, and child molesters. licans, have contacted me and, I am top honors at Columbia University and Additionally, there are notoriously sure, the majority leader, saying: Let’s Harvard Law School. Miguel Estrada long delays in deciding habeas peti- try to work something out. They want epitomized the American dream. But tions, meaning that both victims’ fami- to avert this damaging confrontation Miguel Estrada’s nomination never relies and prisoners often wait years be- because it would be bad for the Senate ceived an up-or-down vote. A minority fore getting final resolution on murder and bad for the country. So we need to of Senators used the filibuster to stop convictions. take every step we can to avoid this the Senate from exercising its con- All of this obstruction must stop. It confrontation. stitutional duty to advise and consent. is hurting the nominees. It is hurting We are prepared to be reasonable Senators supporting his nomination the Senate. It is hurting the American even with respect to these controver- made seven attempts to bring his nom- people. sial nominations that are now before ination to a vote. Each time the effort For most of the 20th century the the Senate. But it seems that the failed. Finally, after enduring 2 years same party controlled the White House White House, and maybe the Senate of obstruction, Miguel Estrada with- and the Senate. Yet until the last Con- leadership, will not give the Senate a drew his name from consideration. gress, no minority ever denied a judi- chance to put this issue behind us. Unfortunately, today marks the cial nominee with majority support an It is important to understand that fourth anniversary of another can- up-or-down vote. They treated judicial this manufactured crisis has been didate whose nomination is, likewise, nominees fairly. They respected the forced upon the Senate by the White being blocked. Priscilla Owen, who has Senate’s role in the appointments proc- House. During President Bush’s first served on the Texas Supreme Court for ess designed by the Framers. term, the Senate confirmed 205 of his 10 years, has earned the praise of both Before the recess, I came to the Sen- judicial nominations and turned back Republicans and Democrats. Judge ate to offer a compromise. That pro- only 10. This is a significant, strong Owen won reelection to the Texas posal was simple: Appeals court judi- percentage—more than 95 percent. bench with 84 percent of the vote and cial nominees should get a fair, open, The President could have accepted the endorsement of every major news- and exhaustive debate, and then they that success and avoided confrontation paper in the State. should get an up-or-down vote. Wheth- by choosing not to resubmit the names Former justice Raul Gonzalez, a er on the floor or in committee, it is of those who were rejected. Instead, the Democrat, says: time for judicial obstruction to end no President sent back 7 of the 10 nomi- matter which party controls the White I found her to be apolitical, extremely nees the Senate declined to confirm, House or the Senate. including: the very controversial nomi- bright, diligent in her work, and of the high- Senate tradition is comprised of est integrity. I recommend her for confirma- nations of Priscilla Owen, whom I shared values based on civility and re- tion without reservation. briefly commented about; William spect for the Constitution. I sincerely Myers, who, by the way, is the first Still, a minority of Senators is using hope that Senate tradition can be re- the filibuster to stop this Senate from stored. It is a matter of fairness. It is nominee to the Federal bench that exercising its constitutional duty to a matter of honor. It is our constitu- American Indians have ever opposed; advise and consent, to vote up or down, tional duty to give these nominees a William Pryor; Janice Rogers Brown; to vote yes or no, to vote, confirm or vote. and Henry Saad. reject. I yield the floor. In fact, this whole crisis is really This campaign of obstruction is un- about five people. I have mentioned the f precedented. Before Miguel Estrada, five. Of the 10 previously rejected the Senate had never denied a judicial RECOGNITION OF THE MINORITY nominees, 3 were not renominated, and nominee with majority support an up- LEADER 2 are tied up in a separate controversy or-down vote. In the last Congress, the The ACTING PRESIDENT pro tem- over the Sixth Circuit involving proce- President submitted 34 appeals court pore. The Senate minority leader is dural matters. So we are talking only, nominees to the Senate. Ten of those recognized. I repeat, about 5 judges, 5 out of the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4613 218. But this historically high percent- either the District of Columbia or Utah Let’s take a step away from the prec- age the President has obtained, cre- during the time he was working as a ipice. Let’s arrive at this step and have ating one of the lowest vacancy rates lawyer in those jurisdictions. a decision made on Griffith and then in the entire history of the Federal ju- A number of Democrats will vote move on. Let’s try cooperation rather diciary, is not good enough for some. against confirmation on the floor, for than confrontation, which seems to be They have to have it all. these reasons and other reasons. But the hallmark of what we have been Meanwhile, the President has failed we on this side know the difference be- doing here lately. to send us new nominations. In the tween opposing nominees and blocking I just remind everyone: This has been more than 4 months since he was sworn nominees. We will oppose bad nomi- a pretty good year for work being done in to a second term, the President has nees, but we will only block unaccept- in the Senate. My friend, the distin- sent the Senate only one new judicial able nominees. Democrats will use ex- guished Presiding Officer, served in the nomination. Other than that one nomi- tended debate responsibly, and there is House of Representatives where you nee to the District Court of Nevada, no cause for the majority to break the can ram things through the House. If Brian Sandoval, every single one of the rules and 217 years of Senate traditions you are in the majority there, things President’s judicial nominees has been to take that right away. Mr. Smith go very quickly. But that is not how it here before. I have said to everyone should still be able to come to Wash- works in the Senate. So we have been who will listen that Senate Democrats ington, with either a Democratic or very fortunate this year to move legis- will be careful and judicious in the use Republican Senate. lation—important, landmark legisla- of our procedural rights. I have said I emphasize that Mr. Griffith is nom- tion, legislation that many of my col- that judicial filibusters will continue inated to the DC Circuit Court of Ap- leagues on my side of the aisle did not to be rare. So why doesn’t the White peals. This is the most important ap- especially like: class action legislation, House test our willingness to be rea- pellate court, separate and apart from bankruptcy legislation. sonable by sending new nominees who the Supreme Court. Republicans say We have done a lot of work here. We we can consider anew and fresh, in- that our 95-percent confirmation rate are going to do the supplemental ap- stead of old nominees who have run is not relevant because many of the 208 propriations bill. We have finished the into trouble before? judges we have confirmed are district budget. We have done a lot of work. We It is clear that the White House court nominees—trial court judges, not are on the highway bill. So I would would rather pick fights than pick appellate court judges. Well, here is a think we should move forward. I say to judges. One reason the White House nominee to the most important Fed- those people who are interested in will not send new judges to the Senate eral appellate court in the country, moving forward and who are interested is that they do not want to give Senate with the exception of the Supreme in cooperation rather than confronta- Democrats a chance to show we are Court, and we are prepared to move tion, let us move forward on a unani- reasonable. They do not want the con- forward. So I ask, do we get extra cred- mous consent request—which I would firmation rate to increase from 95 per- it that this nominee is to the DC Court be happy to propound at a subsequent cent to 96 or 98 percent. They want to of Appeals? time, or the majority leader could do paint us as obstructionists. But the Let me note that this same courtesy it—to move forward on Griffith. We facts are that the judicial confirmation was not extended to President Clin- want 5 hours on our side to talk about rate this year is 100 percent and that ton’s nominees to the DC Circuit. Re- this man. They could have whatever there has not been a single filibuster of publicans held up the nomination of time they want on their side. And we the four nominees the majority leader Justice Department official Merrick would move forward on an up-or-down has brought before the Senate this Garland for years before finally con- vote on a DC Circuit Court of Appeals year. But the radicals on the far right firming him. judge. I would think that would get us do not want to give us an opportunity President Clinton then nominated down the road to doing work that needs to continue that cooperation because it two distinguished lawyers to the court: to be done in the Senate. would undercut their argument justi- Elena Kagan, now dean of the Harvard Mr. LEAHY. Mr. President, will the fying the nuclear option. Maybe the Law School, and Allen Snyder, a part- Senator yield on that point? White House wants to force the nuclear ner in the law firm of Hogan & Hartson option on the Senate because it wants and a former clerk to Chief Justice Mr. REID. I would be happy to yield to clear the way for a Supreme Court Rehnquist. Both of these nominations to the distinguished ranking member nominee, because they are afraid the were buried in the Judiciary Com- of the Judiciary Committee. person they will submit is not going to mittee and were never given an up-or- Mr. LEAHY. Is it my understanding, be reasonable. down vote in committee or on the Sen- Mr. President, the distinguished Demo- There are lots of reasonable people ate floor. cratic leader is saying he is prepared to around. There are Members sitting in I have heard my Republican friends ask consent to move forward on the this Senate today who could be a Su- say so many times this year that nomi- nomination of Tom Griffith to the DC preme Court nominee of President nees are entitled to an up-or-down Circuit? Bush. They do not want a David vote. I would defy them to explain why Mr. REID. I answer my friend: the Souter, a Republican, or an Anthony Kagan and Snyder were denied votes on answer is yes, even though this man is Kennedy, a Republican, or a Sandra the Senate floor and why 69 Clinton a controversial nominee. I know my Day O’Connor, a Republican, or a Ruth nominees were buried and lost in the distinguished friend, the senior Sen- Bader Ginsberg, or a Stephen Breyer. judiciary committee. But we want to ator from Vermont, has on a number of So, Mr. President, I want a chance to move forward. To demonstrate our occasions criticized this nomination. I prove that Senate Democrats are rea- good will, we want to move forward on have mentioned already a number of sonable. There is a nominee on the Ex- a controversial nominee to the DC Cir- the reasons, including his practice of ecutive Calendar named Thomas Grif- cuit. I want the majority leader to law without a license in a couple of dif- fith. Mr. Griffith is a controversial know that Democrats are prepared to ferent jurisdictions. But I have stated nominee to an important appellate enter into a unanimous consent agree- that I would be willing to move for- court. But if he is brought before the ment to move to the Griffith nomina- ward on this nomination. We would Senate, I believe he will be confirmed. tion. Under this unanimous consent have adequate time on our side—up to He is the former Senate legal counsel. agreement, we would proceed to the 5 hours—to talk about the merits or He was here during the impeachment Griffith nomination immediately upon demerits of this gentleman, and the proceedings. His nomination to the DC disposition of the supplemental appro- majority could have whatever time Circuit was reported from the Judici- priations bill. We would then have up they wanted. We would move to an up- ary Committee by a 14-to-4 vote. Rank- to 10 hours of debate on that nomina- or-down vote on this man. I think this ing Member LEAHY and other Senators tion, equally divided. Following that would be an appropriate way to move who opposed Griffith were concerned, debate, we would be willing to have an forward and—again, I repeat for the among other things, that he had failed up-or-down vote on this controversial third time—have in this body coopera- to obtain a license to practice law in nominee to the DC Circuit. tion rather than confrontation.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4614 CONGRESSIONAL RECORD — SENATE May 9, 2005 Mr. LEAHY. Mr. President, if the of having a vote in the committee. port. I was one of those who voted for Senator will yield further for a ques- They come to the floor and cry croco- cloture so we could go forward with the tion, the Senator has stated he realizes dile tears about up-or-down votes. We President’s nomination. Mr. Griffith practiced law illegally, would have taken a cloture vote on ei- Was the Senator from Nevada aware first in one jurisdiction for 3 or 4 years, ther one of these people. But they were of all those? then in a second jurisdiction for 3 or 4 unwilling to bring this person before Mr. REID. Mr. President, the answer years, but that he is the President’s the committee or the floor. is yes. As I said earlier, we know the choice for going on the DC Circuit. So I say to my friend, you are abso- difference between opposing nominees I am sure the Senator is aware that lutely right, there is a different stand- and blocking nominees. I believe this is during the last administration, several ard now than there was. We are bring- the time to put all of this behind us. nominees for that same seat were ing people to the court. They say there Eight years of President Clinton, four blocked by pocket filibusters by the has not been an up-or-down vote. There years of President Bush, let’s move for- Republicans—one was Elana Kagan, has been a vote. Every one of President ward. That is what this proposal is all who is now the dean of the Harvard Bush’s nominees has come before the about. Let’s move forward. After we Law School. Another was Allen Sny- Senate for a vote. And I think it is on finish that, let’s see where we are and der, a former Supreme Court law clerk 69 different occasions that President see what else we can do. I think it is to Chief Justice Rehnquist. Clinton had a nominee turned down on time to move forward. Again, I have no I voted against Mr. Griffith because I even a hearing in the Judiciary Com- problem distinguishing between what felt on the second highest court of the mittee, even a vote in the Judiciary happened to the 69 Clinton would-be land it is not a good example to have a Committee, let alone coming to the judges who never showed up, never saw person, whatever his other qualifica- floor. the light of day, and all those we have tions might be, who was so cavalier as So my distinguished friend is abso- dealt with in the normal process in the to practice law illegally in two dif- lutely right. 4 years President Bush has been Presi- ferent jurisdictions. Mr. LEAHY. Mr. President, I ask the dent. I ask the Senator, is the Senator distinguished leader through the We have been very selective in those aware I did work with the distin- Chair—— we have opposed. We think we are right guished Chairman of the committee, The ACTING PRESIDENT pro tem- on every one of them. Hindsight will Senator SPECTER, to allow the hearing pore. If the Senator from Vermont tell. to go forward with Mr. Griffith and to would suspend for a second. The Chair This whole dispute is over 5 judges, 5 allow a vote to go forward without would remind both the Senators that out of 218. It seems that people of good- delay in the committee? While I voted Senators may yield time for the pur- will can agree, as my distinguished against Mr. Griffith because of the poses of a question only. friend from Nebraska Senator HAGEL practice of law, primarily, and while, I Mr. LEAHY. I am posing a question. indicated this weekend on television, felt concern that Chief Justice Mr. REID. I am happy to yield to my when he said: We should be able to Rehnquist’s former law clerk and Dean friend for a question. work this out. We should. The world is Kagan were blocked by the Republican Mr. LEAHY. I would ask if the Sen- watching us. We should not be chang- pocket filibuster, I ask the leader if he ator would yield for the purpose of a ing the rules by breaking the rules. We understands that I will certainly have question. When we talk about votes, 40 should not do that. I hope the distin- no objection nor do I know of any Dem- is the threshold on filibusters. Of guished Senator from Tennessee, the ocrat who would object to moving for- course, the Senate sets the rules. The majority leader, my friend, will accept ward and having a real debate and the Senate could say: You require 95 votes. the gesture of goodwill we have made. up-or-down vote that was denied to a Or it could say: You require 2 votes. It is a step in the right direction. I Democratic President’s nominees? There is nothing magic about 50, 40, 60, hope we can let bygones be bygones Does the Senator understand that not or anything else. But be that as it may, and move forward. withstanding the fact that I would vote I would ask, through the Chair, wheth- f against that nominee, I would support er the Senator from Nevada is aware of numerous instances in which Demo- TRANSPORTATION EQUITY ACT: A him bringing this nomination forward? LEGACY FOR USERS I suspect he would get a majority of crats have proceeded to debate and the votes in the Senate. vote on the President’s nominees The ACTING PRESIDENT pro tem- Mr. REID. Let me say to my friend against which there were more than 40 pore. Under the previous order, the through the Chair, there is no question negative votes—I can think of three Senate will resume consideration of that Elana Kagan is qualified—she is significant judicial nominations where H.R. 3, which the clerk will report. the dean of the No. 1 rated law school there were 41 Democratic votes against The assistant legislative clerk read in the country, No. 1. Yale and Stan- allowing them to go forward: Timothy as follows: ford come close, but Harvard is the No. Tymkovich was confirmed to the A bill (H.R. 3) to authorize funds for Fed- Eighth Circuit although 41 Senators eral-aid highways, highway safety programs, 1 law school in the country. She is the and transit programs, and for other purposes. dean of that school. But the Repub- voted against him; Jeffrey Sutton was Pending: licans controlled the Judiciary Com- confirmed to the Sixth Circuit al- mittee, and they would not allow this though 41 Senators voted against him; Inhofe amendment No. 567, to provide a J. Leon Holmes was confirmed to the complete substitute. woman to come to this floor. Salazar amendment No. 581 (to amendment I would love to have had her on the district court in Arkansas although 46 No. 567), to modify the percentage of appor- floor so somebody could have filed a Senators from both parties voted tioned funds that may be used to address cloture motion. I would have loved to against him. In addition, Senate Demo- needs relating to off-system bridges. vote on that, but they would not even crats proceeded to debate and vote on The ACTING PRESIDENT pro tem- bring that nomination to the floor for the controversial nomination of former pore. The Senator from Texas. a vote. They would not let it come to Attorney General Ashcroft, who was Mr. CORNYN. Mr. President, I ask a vote in the committee, because this confirmed although 42 Senators voted unanimous consent to speak as in woman was eminently qualified, not against his confirmation; Ted Olson, morning business. only by her legal experience and her who was confirmed to be Solicitor Gen- Mr. LEAHY. Reserving the right to education, but by her demeanor and eral although 47 Senators voted against object—I will not object—I ask unani- personal attitude toward the law. So his confirmation; Victor Wolski, who mous consent to follow the Senator she would have been really good for the was confirmed to the Court of Claims from Texas as in morning business. second highest court in the land. although 43 Senators voted against his The ACTING PRESIDENT pro tem- And I say about the other person—— confirmation. pore. Is there objection? Mr. LEAHY. Allen Snyder. Most recently, a number of us voted Mr. REID. Reserving the right to ob- Mr. REID. Allen Snyder, this man for cloture on the nomination of Ste- ject, would the distinguished Senator clerked for Chief Justice Rehnquist. phen Johnson to head the EPA. He was from Texas give us a general outline of Again, there was not even the courtesy confirmed with only 61 votes in sup- how long he is going to speak.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4615 Mr. CORNYN. Mr. President, I think Priscilla Owen enjoys significant bi- fine person and a distinguished leader maybe 15 minutes. partisan support. Three Democratic in the legal community. One would Mr. REID. Just so we have a general judges on the Texas Supreme Court and think that after 4 long years, she would idea. I ask unanimous consent then a bipartisan group of 15 presidents of be afforded the simple justice of an up- that the normal 10-minute rule be the State Bar of Texas support her or-down vote. I remain optimistic. waived for the distinguished Senator nomination. While I know the Democratic leader from Texas and that he have up to 15 The Houston Chronicle, in September has offered a UC to consider the nomi- minutes to speak as in morning busi- of 2000, called Owen ‘‘[c]learly academi- nation of one of the justices currently ness. cally gifted,’’ stating that she ‘‘has the being filibustered, I don’t see why that Mr. LEAHY. And that I then be rec- proper balance of judicial experience, same principle would not apply to all ognized for the same amount of time. solid legal scholarship and real-world of the justices, and we would just say The ACTING PRESIDENT pro tem- know-how to continue to be an asset on that any nominee of any President, pore. The minority leader is reminded the high court.’’ whether they be Republican or Demo- there is no 10-minute rule. The Dallas Morning News wrote in crat, where a bipartisan majority Mr. REID. There is no 10-minute rule support of Owen on September 24, 2002: stands ready to confirm them, should unless it is ordered. She has the brainpower, the experience and receive that up-or-down vote on the The ACTING PRESIDENT pro tem- temperament to serve ably on an appellate Senate floor. I remain hopeful the cur- pore. That is correct. court. rent 4-year violation of long-term Sen- Mr. REID. We have no morning busi- The Washington Post wrote on July ate tradition, the imposition of this ness today? 24, 2002: new supermajority requirement, will be The ACTING PRESIDENT pro tem- She should be confirmed. Justice Owen is laid aside in the interest of proceeding pore. That is correct. indisputably well qualified. with the people’s business, a job my Mr. REID. I amend my request to ask Lori Ploeger, Justice Owen’s former colleagues and I were elected to faith- unanimous consent that the Senator law clerk, wrote in a letter to Senator fully execute. from Texas be recognized for 15 min- LEAHY on June 27, 2002: For more than 200 years, it was a job utes and the Senator from Vermont be During my time with her, I developed a that we did indeed execute. Senators recognized for 15 minutes. deep and abiding respect for her abilities, her from both sides exercised mutual re- The ACTING PRESIDENT pro tem- work ethic, and, most importantly, her char- straint and did not abuse the privilege pore. Without objection, it is so or- acter. Justice Owen is a woman of integrity of debate out of respect for two coequal who has profound respect for the rule of law dered. branches of government—the executive The Senator from Texas. and our legal system. She takes her responsibilities seriously and carries them out dili- that has the constitutional right to NOMINATION OF PRISCILLA OWEN gently and earnestly. choose his or her nominees and an Mr. CORNYN. Mr. President, 4 years Ms. Ploeger continued: independent judiciary. Indeed, until 4 ago, the President nominated Texas years ago, colleagues on both sides of Supreme Court Justice Priscilla Owen Justice Owen is a role model for me and for other women attorneys in Texas. the aisle have consistently opposed the to serve on the United States Court of use of the filibuster to prevent nomi- Appeals for the Fifth Circuit. Justice Mary O’Reilly, a lifetime member of the NAACP and a Democrat, in a letter nees from receiving an up-or-down vote Owen is an exceptional jurist, a de- where they clearly had bipartisan ma- voted public servant, and an extraor- to Senator DIANNE FEINSTEIN, dated August 14, 2002, wrote: jority support. dinary Texan. Yet after 4 years, she Senator KENNEDY, the distinguished still awaits an up-or-down vote on the I met Justice Owen in January of 1995, while working with her on the Texas Su- senior Senator from Massachusetts, floor of the Senate. Four years today said in 1998: and we are still waiting for a vote. preme Court Gender Neutral Task Force . . . I worked with Justice Owen on Family Law Nominees deserve a vote. If our . . . col- Although a bipartisan majority of 2000, an important state-wide effort initiated leagues don’t like them, vote against them. the Senate stands ready to confirm in part by Justice Owen . . . In the almost But don’t just sit on them—that is obstruc- this outstanding nominee, a partisan eight years I have known Justice Owen, she tion of justice. minority obstructs the process and re- has always been refined, approachable, even- And Senator LEAHY, the distin- fuses to allow that vote on her nomina- tempered and intellectually honest. guished ranking member of the Judici- tion. What is more, the partisan minor- Priscilla Owen is not just intellectu- ary Committee, who was just on the ity now insists, for the first time in ally capable and legally talented; she is floor, said in 1998: history, that she must be supported by also a fine human being with a big I have stated over and over again on the a supermajority of 60 Senators rather heart. The depth of her humanity and floor that I would refuse to put an anony- than the constitutional standard and compassion is revealed through her sig- mous hold on any judge; that I would object the Senate tradition of majority vote. nificant free legal work and commu- and fight against any filibuster on a judge, I know Justice Owen personally, hav- nity activity. whether it is somebody I opposed or sup- ing served with her on the Texas Su- Priscilla has spent much of her life ported; that I felt the Senate should just do preme Court for 3 years. She is a dis- devoting time and energy in service of its duty. tinguished jurist and public servant her community. She has worked to en- I could not agree more with these who has excelled at virtually every- sure that all citizens are provided ac- comments made by Senator LEAHY and thing she has set out to do. She was a cess to justice as the court’s represent- Senator KENNEDY. But today we are top graduate of Baylor Law School at ative on the Texas Supreme Court Me- doing a disservice to this fine nominee the remarkable age of 23 and scored the diation Task Force and to statewide in our failure to afford her that up-or- top score on the Texas bar exam. She committees, as well as in her success- down vote that they advocated a few entered the legal profession at a time ful efforts to prompt the Texas legisla- short years ago. The new requirement when relatively few women did. After a ture to provide millions of dollars per this partisan minority is now impos- distinguished record in private prac- year in legal services for the poor. She ing, that nominees won’t be confirmed tice, she reached the pinnacle of the was instrumental in organizing a group without support of 60 Senators, is, by Texas bar, the Texas Supreme Court. Ms. O’Reilly spoke of known as Family their own admission, wholly unprece- In doing so, she was supported by a Law 2000 which seeks to find ways to dented in Senate history. larger percentage of Texans than any educate parents about the effect di- The reason for this is simple: The of her colleagues during her last elec- vorce can have on children and seeks to case for opposing this fine nominee is tion, receiving around 84 percent of the lessen the negative impacts it has on so weak that using a double standard vote, after enjoying the endorsement of them. She also teaches Sunday school and changing the rules is the only way virtually every newspaper in Texas. at St. Barnabas Episcopal Mission in they can defeat her nomination. What She has been honored as the Baylor Austin, TX, where she is an active is more, they know it, too. Young Lawyer of the Year and the member. Before her nomination got caught up Baylor University Outstanding Alum- It is plain from these and so many in this partisan fight, the ranking na. other examples that Justice Owen is a Democrat on the Judiciary Committee

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4616 CONGRESSIONAL RECORD — SENATE May 9, 2005 predicted that Justice Owen would be Mr. President, I ask unanimous con- The ACTING PRESIDENT pro tem- swiftly confirmed. On the day of the sent this letter be printed in the pore. Without objection, it is so or- announcement of the first group of RECORD at the close of my remarks. dered. nominees, 4 years ago, including Owen, The ACTING PRESIDENT pro tem- Mr. CORNYN. I thank the Chair. I he said he was ‘‘encouraged’’ and that pore. Without objection, it is so or- thank the Senator from Vermont. ‘‘I know them well enough that I would dered. Georgetown Law Professor Mark assume they would all go right (See exhibit 1). Tushnet has written that ‘‘the Demo- through.’’ Mr. CORNYN. The American people crats’ filibuster is a repudiation of a Notwithstanding the change of atti- know a controversial ruling when they settled preconstitutional under- tude by the partisan minority, this see one, be it the redefinition of a tra- standing.’’ He has also written, gridlock is not really about Priscilla ditional institution such as marriage, ‘‘There’s a difference between the use Owen, certainly not about Priscilla the expulsion of the Pledge of Alle- of the filibuster to derail a nomination Owen the person. Indeed, just a few giance, and other expressions of faith and the use of other Senate rules—on weeks ago, the Democratic leader an- from the public square, the elimination scheduling, on not having a floor vote nounced that Senate Democrats would of the ‘‘three strikes and you’re out’’ without prior committee action, etc.— give Justice Owen an up-or-down vote, law, and other penalties for convicted to do so. All those other rules can be albeit only if other nominees were de- criminals, or the forced removal of overridden by a majority of the Senate feated or withdrawn or simply thrown military recruiters from college cam- whereas the filibuster cannot be over- overboard. puses. Justice Owen’s rulings fall no- ridden in that way. A majority of the Obviously, this debate is not about where near this standard or category. Senate could ride herd on a rogue Judi- principle. It is all about politics. It is There is a whole world of difference be- ciary Committee chair who refused to shameful. Any fair examination of Jus- tween struggling to interpret the am- hold a hearing on some nominee; it tice Owen’s record demonstrates how biguous expressions of a legislature and can’t do that with respect to a fili- unconvincing the critics’ arguments refusing to obey a legislature’s direc- buster.’’ are. tives altogether. Georgetown Law Professor Susan For example, Justice Owen is accused It is clear Justice Owen deserves the Bloch has condemned supermajority of ruling against injured workers, broad bipartisan and enthusiastic sup- voting requirements for confirmation, against those seeking relief from em- port she obviously enjoys across the arguing that they would allow the Sen- ployment discrimination, and other political spectrum. It is equally clear ate to ‘‘upset the carefully crafted sympathetic parties on some occasions. her opposition comes only from a nar- rules concerning appointment of both Never mind, however, that good judges row band on the far left fringes of that executive officials and judges and to such as Judge Owen do their best to unilaterally limit the power the Con- follow the law regardless of which political spectrum. If the Senate were party will win and which party will merely to observe 200 years of constitution gives the President in the ap- lose. Never mind that many of her sistent Senate and constitutional tra- pointment process. This, I believe, criticized rulings were unanimous or dition dating back to our Founders, would allow the Senate to aggrandize near unanimous decisions of a nine- there would be no question about her its own rules and would unconsti- member Texas Supreme Court. Never ability to be confirmed. She would be tutionally distort the balance of pow- mind that many of these rulings sim- sitting on the Fifth Circuit Court of ers established by the Constitution.’’ In summary, the record is clear. The ply followed Federal precedent au- Appeals. thored and agreed to by appointees of Legal scholars across the political Senate tradition has always been ma- Presidents Carter and Clinton or by spectrum have long concluded what we jority vote, at least up until the last 4 other Federal judges unanimously con- in this body know instinctively, and years. The desire by some to alter that firmed by the Senate. Never mind that that is to change the rules of confirma- Senate tradition has been roundly con- judges often disagree, especially when tion as a partisan minority has done demned by legal experts across the po- the law is ambiguous and requires care- badly politicizes the judiciary and litical spectrum. And now the 100 Mem- ful and difficult interpretation. hands over control of the judiciary to bers of this body have a decision to The Democratic leader raised the fre- special interest groups. One Professor make. Do we accept this dramatic and quent objection and that is criticized Michael Gerhardt, who advises Senate dangerous departure from 200 years of Justice Owen for attempting to inter- Democrats on judicial confirmation, Senate precedent or do we work to re- pret and enforce a popular Texas law has written that a supermajority restore the tried and true Senate tradi- requiring parental notification before a quirement for confirming judges would tion and practice? minor can obtain an abortion. Her op- be ‘‘problematic, because it creates a I know the majority leader and, in- ponents allege that in one parental no- presumption against confirmation, deed, the Democratic leader have been tification case, then-Justice Alberto shifts the balance of power to the Sen- working trying to find a way. I prefer, Gonzales accused her of judicial activ- ate, and enhances the power of special though, a way that would allow our ism. That charge is untrue. I read my- interests.’’ nominees, all nominees, whether they self the opinions again this weekend DC Circuit Judge Harry Edwards, a be Republican or Democrat, to receive and the charge is simply untrue. respected Carter appointee, has written an up-or-down vote where a majority of Gonzales did not accuse Owen of judi- that the Constitution forbids the Sen- the Senate stands ready to confirm cial activism. Not once did he say Jus- ate from imposing a supermajority rule them. I believe we should choose col- tice Owen was guilty of judicial activ- for confirmation. After all, otherwise, laboration over contention any day of ism. To the contrary, he never men- ‘‘the Senate, acting unilaterally, could the week, if possible. But bipartisan- tioned her name or her opinion in the thereby increase its own power at the ship is a two-way street. Both sides opinion the critics cite. expense of the President’’ and ‘‘essen- must agree to certain fundamental Furthermore, our current Attorney tially take over the appointment proc- principles and the most fundamental General has since testified under oath ess from the President.’’ Judge principle is fairness. Fairness means that he never accused Owen of any Edwards thus concluded that ‘‘the the same rules apply, the same stand- such thing. What is more, the author of framers never intended for the Con- ards, whether the President is a Repub- the parental notification law in ques- gress to have such unchecked author- lican or Democrat. But bipartisanship tion supports Justice Owen, as does the ity to impose supermajority voting re- is difficult when long-held under- pro-choice Democratic law professor quirements that fundamentally change standings and the willingness to abide who was appointed to the Texas Su- the nature of our democratic process.’’ by basic agreements and principles preme Court’s advisory committee to Mr. President, I think I have about 5 have unraveled so badly. When fairness implement that law. In other words, more minutes of my remarks. I ask falters, bipartisanship, too, will fail. Owen simply did ‘‘what good appellate unanimous consent that I be given an So I ask my colleagues what are we judges do every day. If this is activism, additional 5 minutes and the Senator to do when these basic principles, com- then any judicial interpretation of a from Vermont be given the same. mitments, and understandings have statute’s terms is judicial activism.’’ Mr. LEAHY. I have no objection. been so badly trampled upon? What are

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4617 we to do when nominees are attacked ther, the statutory text is not artfully draft- struck by the eloquence of Justice Owen for doing their jobs, when they are ated. I was a member of the Texas Supreme when she discussed the harm that may come tacked for following precedents adopt- Court’s Advisory Committee that drafted to a minor from having an abortion. She rec- ed and agreed to by Presidents Carter rules in order to help judges when issuing de- ognized that the abortion decision may cisions under this parental notification stat- haunt a minor for all her life, and her par- and Clinton, and when they are singled ute. My involvement in this process made it ents should be her primary guides in making out for rulings agreed to by a unani- clear to me that in drafting the parental no- this decision. Surely, those of us who are mous, or near unanimous court? What tification statute, the Texas Legislature pro-choice have not come to a point where are we to do when these nominees are ducked the hard work of defining essential we would punish a judge who considers such demonized and caricatured beyond rec- terms and placed on the Texas courts a real harm as an important part of making a deci- ognition, when they are condemned as burden to explicate these terms through case sion on parental notification, especially unqualified while at the same time law. when legislative history supports the fact Moreover, the statute’s legislative history that members of the Texas Legislature want- they are deemed unanimously well is not useful because it provides help to all ed to protect the minor from this harm. As qualified by organizations Democrats sides of the debate on parental notification. a pro-choice woman, I applaud the serious- used to revere? What are we to do when Several members of the Texas Legislature ness with which Justice Owen looked at this Senate and constitutional traditions wanted a very strict parental notification issue. are abandoned for the first time in law that would permit only infrequent judi- If I thought Justice Owen was an agenda- more than two centuries, when both cial bypass of this notification requirement. driven jurist I would not support her nomi- sides once agreed nominees should But several members of the Texas Legisla- nation. Our founders gave us a great gift in ture were on the other side of the political our system of checks and balances. The judi- never be blocked by filibuster and then debate. These members wanted no parental cial branch is part of that system, and it is one side denies the existence of that notification requirement, and if one were im- imperative that it be respected and seen as very agreement, when their interpreta- posed, they wanted courts to have the power acting without bias or predilection, espe- tion of Senate tradition changes based to bypass the notification requirement eas- cially since it is not elected. Any agenda- on who is in the Oval Office? ily. The resulting legislation was a product driven jurist—no matter the issue—threat- It is time to fix the broken judicial of compromise with a confusing legislative ens the honor accorded the courts by the confirmation process. It is time to end history. American people. This is not Priscilla Owen. In her decisions in these cases, Justice So even though I suspect Justice Owen is the blame game and fix the problem Owen asserts that the Texas Legislature more conservative than I am and even and move on. And it is time to end the wanted to make a strong statement sup- though I disagree with some of her rulings, wasteful and unnecessary delay in the porting parental rights. She is not wrong in this does not change the reality that she is process of selecting judges that hurts making these assertions. There is legislative an extremely well-qualified nominee who our justice system and harms all Amer- history to support her. Personally, I agree should be confirmed. icans. with the majority in these cases. But I un- It would be unfair to place Priscilla Owen Mr. President, I thank the Chair. I derstand Justice Owen’s position and legal in the same category with other nominees reasoning. It is based on sound and clear who, in my opinion, are judicial activists and thank my colleague from Vermont and who I do not support. Some of these other yield the floor. principles of statutory construction. Her decisions do not demonstrate judicial activism. nominees appear to want to dismantle pro- EXHIBIT 1 She did what good appellate judges do every grams and policies based on a political or SOUTHERN METHODIST UNIVERSITY, day. She looked at the language of the stat- economic agenda not supported by legal analysis or constitutional history. They ap- Dallas, TX, May 3, 2005. ute, the legislative history, and then decided pear to want to push their views on the coun- Re Priscilla Owen how to interpret the statute to obtain what try while sitting on the bench. Priscilla Senator JOHN CORNYN, she believed to be the legislative intent. If this is activism, then any judicial inter- Owen should not be grouped with them. Jus- Hart Senate Office Building, tice Owen possesses exceptional qualities pretation of a statute’s terms is judicial ac- Washington, DC. that have made and will make her a great tivism. Justice Owen did not invent the leg- DEAR SENATOR CORNYN: I write in support judge. I strongly urge her confirmation. islative history she used to reach her conclu- of the nomination of Priscilla Owen to the Sincerely, United States Court of Appeals for the Fifth sion, just as the majority did not invent LINDA S. EADS, their legislative history. We ask our judges Circuit. I write as a law professor who spe- Associate Professor of Law. cializes in constitutional law. I write as a to make hard decisions when we give them pro-choice Texan, who is a political inde- statutes to interpret that are not well draft- Mr. WYDEN addressed the Chair. pendent and has supported many Democratic ed. We cannot fault any of these judges who The ACTING PRESIDENT pro tem- candidates. And I write as a citizen who does take on this task so long as they do this pore. The Senator from Vermont is rec- not want the abortion issue to so dominate work with rigor and integrity. Justice Owen ognized under unanimous consent. the political debate that good and worthy ju- did exactly this. Mr. LEAHY. Mr. President, I under- dicial candidates are caught in its cross Second, we must be mindful that the deci- stand the Senator from Oregon wishes hairs, no matter where they stand on the sions for which she is being criticized had to to make a unanimous consent request. issue. do with abortion law. I do not know if Jus- Mr. WYDEN. Mr. President, I ask Justice Owen deserves to be appointed to tice Owen is pro-choice or not, but it does unanimous consent to speak in morn- not matter to me. I am pro-choice as I stated the Fifth Circuit. She is a very able jurist in ing business after the distinguished every way that should matter. She is intel- before, but I would not want anyone placed ligent, measured, and approaches her work on the bench who would look at abortion law Senator from Vermont has completed with integrity and energy. She is not a judi- decisions only through the lens of being pro- his remarks. cial activist. She does not legislate from the choice. Few categories of judicial decisions The ACTING PRESIDENT pro tem- bench. She does not invent the law. Nothing are more difficult than those dealing with pore. Is there objection? in her opinions while on the Texas Supreme abortion. A judge has to consider the fact Mr. CORNYN. Reserving the right to Court could possibly lead to a contrary con- that the fetus is a potential human, and this object, I would ask the Senator clusion, including her parental notification potential will be ended by an abortion. All through the Chair whether he would opinions. I suspect that Priscilla Owen’s judges, including those who are pro-choice, agree Senator LOTT be recognized to nomination is being blocked because she is must honor the spiritual beauty that is po- speak after the Senator from Oregon tential human life and should grieve its loss. perceived as being anti-choice on the abor- on the same basis. He also apparently tion issue. But a judge has other important human val- This perception stems, I believe, from a se- ues to consider in abortion cases. A judge wishes to come to the floor and speak. ries of opinions issued by the Texas Supreme also has to consider whether a woman’s inde- The ACTING PRESIDENT pro tem- Court in the summer of 2000 interpreting the pendence and rights may well be unconsti- pore. Would the Senator so modify his Texas statute that requires parental notifi- tutionally compromised by the arbitrary ap- request. cation prior to a minor having an abortion. plication of the law. All this is further com- Mr. WYDEN. I would modify my re- The statute also provides for what is called pounded when a minor is involved who is quest, Mr. President, that after the dis- a ‘‘judicial bypass’’ to parental notification. contemplating an abortion. I want judges tinguished Senator from Vermont has Justice Owen wrote several concurring and who will make decisions in the abortion area completed his remarks, I would be next dissenting opinions during this time. She has with a heavy heart and who, therefore, will for 20 minutes, and the Senator from been criticized for displaying judicial activ- make sure of the legal reasoning that sup- Mississippi, Mr. LOTT, would come ism and pursuing an anti-choice agenda in ports such decisions. these opinions. This criticism is unfair for I think the members—all the members—of after me. two reasons. the Texas Supreme Court did exact1y this The ACTING PRESIDENT pro tem- First, the Texas statute at issue in these when they reached their decisions in the pa- pore. Without objection, it is so or- cases contains many undefined terms. Fur- rental notification cases. I was particularly dered. The Senator from Vermont.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4618 CONGRESSIONAL RECORD — SENATE May 9, 2005 Mr. LEAHY. Mr. President, could the ber of uninsured Americans has gone seemed to be an impossibly large num- Senate always be so agreeable in mov- up by 10 percent, the budget deficit has ber of 110 vacancies. There were so ing things along, we in the country increased by $350 billion, and the trade many because, of course, there had would be better off. deficit has gone up by 69 percent. But been pocket filibusters of over 60 of I listened to this discussion of nu- there is one indicator that has shown President Clinton’s nominations. But clear option and judges and all that. It improvement: the number of judicial we worked hard, and in 17 months we may seem arcane. There is nothing in vacancies has dropped 48 percent. were able to whittle that number down the Constitution that says 50 votes or So why are they complaining they to 60 vacancies. 40 votes or 60 votes or 80 votes. It is up are not getting enough judges? During Incidentally, it is interesting that to the rules of the Senate. It is when those 4 years of President Bush’s Presi- with the Republican majority, look the rules are either reviewed or ignored dency, the number of judicial vacancies how the vacancies skyrocketed in the that you have a problem. As I men- has gone way down because we con- judiciary. The Democrats came in and tioned earlier today, when President firmed so many judges. In fact, 4 years they shot down. Now, of course, they Clinton was in office, the Republicans ago, the vacancy rate in our Federal are heading back up under Republican used the rules to say if one Republican, courts was nearly 10 percent, and now leadership. one objected, then you would not have it is around 5 percent. Mr. President, 95 It takes a lot of work to lower the a vote on the nominee. 61 of President percent of the Federal judiciary is number of vacancies. I held hearings Clinton’s nominees for judgeships were filled. Most people would consider 95 during recess periods and confirmed not allowed to move because one Re- percent a pretty good record. President Bush’s nominees. Senator publican objected. Actually a couple I remember talking with President Daschle and I received a deadly an- hundred of his executive nominations, Bush 4 years ago. I said: You might get thrax attack, so deadly that people by the same token, because one Repub- 90, 95 percent of your judges through. who touched the outside of the enve- lican objected. So there they are re- He thought that was pretty good. He lopes of letters addressed to us that we quiring 100 votes to confirm somebody. wished he had a record like that when were supposed to open were killed. So you wonder when you are talking he owned a baseball team. They were murdered, and we still held about a tiny handful of judges—and no Four years ago today, I went to the the hearings. We held hearings in the President in history, from George White House in a gesture of coopera- aftermath of the 9/11 attacks when the Washington on, has ever gotten all tion to hear the President announce airlines were shut down. We had a judges through the Senate—why there his first judicial nominations. Some nominee volunteer to drive from Mis- is so much attention on this. I was criticized me for going, but I said I sissippi to Washington to be included thinking about it and I thought, you wanted to help. The President, during in a hearing I was holding. We had the know, this all began about 4 years ago his campaign, said he wanted to be a anthrax attacks, the PATRIOT Act, when we started talking about this. uniter, not a divider, and now was the and all the rest, and we kept on going, Four years ago things were a lot dif- time to do so, and I said I would help. and in 17 months we confirmed 100 of ferent in this country. Let’s look at Unfortunately, that is not what President Bush’s judges. the differences. President Bush had in mind. The nomi- The Republicans took nearly twice as In the last 4 years—and maybe this is nations he announced that spring day 4 long when they were in control to con- why they would rather talk about years ago were largely controversial, firm the same number of judges for judges instead of talking about what’s confrontational choices. Typically, President Bush. They say we are the going on—in the last 4 years under when a President—Republican or Dem- ones holding things up? They ought to President Bush, unemployment has ocrat—selects nominations to the cir- be ashamed of themselves. Maybe they gone up 26 percent. During this same cuit courts, he consults at length with ought to work as hard as we did to get time, this last 4 years, the price of gas home State Senators and the Senate them through. In fact, when Congress has gone up 57 percent. You can hold leadership to be sure those selected adjourned last December, there were hands with all the Saudi princes you will be considered favorably by the only 27 vacancies out of 875 Federal want, but it has still gone up. The Senate. This President has not done judgeships, the lowest number in over a number of uninsured in this country that. In fact, President Clinton, his generation. In President Bush’s first has gone up 10 percent. The budget def- predecessor, and his White House Coun- term, 204 judges were confirmed—more icit has gone up $50 billion. Actually, sel and staff were in regular contact than confirmed in either of President President Bush inherited the largest with the Republican leadership. Sen- Clinton’s two terms, more than during budget surplus of any President in the ator HATCH talked in his book about the term of the President’s father, history of the United States. President how much President Clinton consulted more than in Ronald Reagan’s first Clinton had followed the Reagan and with the Republicans. term when he had a Republican Senate. Bush administrations, which tripled Instead, here my Republican col- We confirmed a couple more nominees the national debt and created huge leagues say: No, we do not want the before we broke a week ago, and the deficits. President Clinton’s adminis- checks and balances of the Senate; we distinguished Democratic leader has tration not only balanced the budget, do not want an independent, non- suggested we bring up another one of but created a surplus, and started pay- partisan judiciary; we are going to put President Bush’s nominees for a vote. ing down the debt. President Bush in- a Republican stamp on the judiciary. We have seen the talking points that herited the largest surplus of any Remember, the Federal judiciary have come out from the Republicans. President in our whole history and he should not be Democratic or Repub- They say we are holding up Thomas has turned it into the largest deficit. lican, it should be independent and free Griffith. The record is clear that I Then there is the trade deficit. That of political pressure. have—we have objected to him. After has gone up 69 percent. I mention these They say: No, we cannot do that. We all, he did practice law illegally for 4 things that have gone up under the will break all the rules possible and years in one jurisdiction and practiced Bush Presidency. Obviously they don’t make sure that we get rid of checks law illegally in another jurisdiction, want to talk about it. It means the and balances. and the President wants to put him on Saudis and the Chinese, Japanese, Ko- This effort by the Republicans also, the second highest court in the land. reans, and others who are holding our of course, belies what has happened. We said that should be an impediment. debt thus influence our foreign policy. Back 4 years ago in June, with the In any other administration, it would We will not just be holding hands change in the Senate, I became chair- be an impediment. They want to go for- with Saudi princes, we will probably be man of the Senate Judiciary Com- ward with him. The record is equally holding hands with everybody from all mittee. Even though it was already clear that I do not intend to support a these other countries, too, so they do June and the Republicans had been in filibuster of this nomination. not call our IOUs. charge since the beginning of the year, The distinguished Democratic leader During those 4 years, unemployment there had not been a single judicial said: Fine, bring him up. We will give has gone up by 26 percent, the price of nomination hearing held on President you a time agreement and vote on it. gas has gone up by 57 percent, the num- Bush’s nominations. I inherited what He will either be confirmed or will not

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4619 be confirmed. If he is confirmed, it stand the need to work across the aisle a surprise when the President called to shows what the standards are of this and to bring people together and to talk about the appointment and what administration. consult with both Democratic and Re- he was thinking of doing.’’ Senator We can look at all the people turned publican Senators. I thought that judi- HATCH went on to describe that the down on the other side, but we never cial nominations, particularly those to President was thinking of nominating heard this complaint. We are prepared the important circuit courts where Re- someone who would require a ‘‘tough, to move forward on Mr. Griffith’s nom- publicans had prevented almost two political battle’’ but that he advised ination despite the fact that the Re- dozen of President Clinton’s qualified President Clinton to consider other publicans pocket filibustered 61 of and moderate nominees from being candidates. President Clinton’s nominees, even considered, would be a good place to According to his book, Senator though those nominees included the start. HATCH suggested then-D.C. Circuit current dean of Harvard Law School, a Unfortunately, that was not what Judge Ruth Bader Ginsburg, as well as former attorney general from Iowa, a President Bush had in mind. The nomi- then-First Circuit Judge Stephen former clerk to Chief Justice nations that President Bush announced Breyer. They were nominated to fill Rehnquist, women, men, Hispanics, Af- that spring day, years ago, were large- the vacancies that arose on the Su- rican Americans, and many others. ly controversial, confrontational preme Court in 1993 and 1994. Both were We heard talks about Judge Owen choices. Although I was then the Rank- approved by the Senate with strong, bi- this afternoon. One of her opinions was ing Democratic Member of the Senate partisan support. Justice Ginsburg was criticized by Alberto Gonzales when he Judiciary Committee, and was soon to confirmed by a vote on 96–3. Justice served on the Texas Supreme Court. become the Committee’s Chair, the Breyer was confirmed by a vote of 87– However, we held a hearing for her, a White House had not reached out to 9. very fair hearing. The Senator from discuss any of these controversial That sort of consultation did not California, Mrs. FEINSTEIN, conducted nominees beforehand. By and large, occur before this President’s initial it. It was acknowledged by both Repub- home-state Senators had not been con- nominations were made 4 years ago, licans and Democrats as being totally sulted about the nominees, nor had any and I am sorry it did not. fair. She was voted down in the com- sort of bipartisan, independent group of Sadly, this lack of consultation was mittee, and for the first time in his- attorneys or legal scholars. That was not just the situation for these first tory, a nominee voted down in com- the President’s choice and has, unfor- nominations, it has continued to this mittee was resubmitted by the Presi- tunately, remained his way of identi- day. Senate Democrats have not dent. fying and selecting nominees to be life- stopped trying to offer the advice This is not a time to be breaking the time judicial appointments to the fed- called for by the Constitution and have rules of the Senate. The rules are there eral bench. This White House appears never stopped being available to help because we want a check and balance. to rely on a tight circle of Federalist in the selection process. Just a few That is all we are saying. For example, Society members, Republican Party weeks ago, on April 11, the Democratic a home State newspaper of one of the activists and law professors steeped in Leader and I wrote to the President of- nominees referred to a speech she gave ideology. This President has nominated fering to help with the more than two recently that sounded as if it came what may be the most ideological-driv- dozen current judicial vacancies for from an Islamic jihadist, a very activ- en group of nominees ever presented to which the President has not yet sent a ist judge, who believes that child labor the Senate at one time. nomination to the Senate. We urged laws, minimum wage laws, even Social Typically, when a President selects him to disavow the ‘‘nuclear option’’ in Security represent something wrong in nominations to the circuit courts, he favor of working with us to identify this country. I am not really sure that consults at length with home-state consensus judicial candidates who is the sort of person we want on the Senators and the Senate leadership to could be confirmed easily and who bench making decisions about child ensure that those selected will be con- would be fair, impartial judges that labor laws, Social Security, and min- sidered favorably by the Senate and would preserve the independence of the imum wage. confirmed. That has not been the true judiciary. The number of current judi- Let’s forget this end justifies the with this Administration. By way of cial vacancies without a nominee has means. Let the Senate be what it al- example, I cannot recall a single occa- since risen to 29. It is now May, we are ways has been: A check and balance, sion during which this President more than a third of the way through whether it is a Democratic President picked up the phone to discuss these the year, and the President has still or Republican President, a real check judicial nominations during the entire sent only one new judicial nomination and balance but an honest one. four and a half years that he has been to the Senate all year. Meanwhile al- Do away with anonymous holds. I President—not at the beginning of his most a month has passed and Senator said that before. Do away with the se- Administration, not during the 17 REID and I have yet to receive the cour- cret one-person filibuster. I know the months that I chaired the Senate Judi- tesy of a reply to our offer to help and distinguished Senator from Oregon has ciary Committee, and not since. to work together. Unilateralism has spoken consistently that way, I believe That stands in sharp contrast to tra- become their standard operating prac- from the very first day he entered this ditional practice dating back to George tice, and abuse of power has become in- great body. Do away with the anony- Washington and, in particular, to the creasingly common. Indeed, to this day mous holds. Do away with those things, manner in which President Clinton had I have yet to meet, talk to or even re- but follow the Senate rules. Do not vio- worked with Senator HATCH when he ceive a telephone call from the Presi- late the rules. Do not let us, those who was the Ranking Minority Member of dent’s new White House Counsel. The are supposed to judge the judges, break the Senate Judiciary Committee or its go-it-alone conduct of this Administra- our own laws and our own rules. Chair. Not only were President Clin- tion makes clear that this President As I have noted, 4 years ago today, on ton, his White House Counsel and his has little use of the Senate’s role in the May 9, 2001, I went to the White House staff in regular contact with Senator constitutional process of selecting fed- in a gesture of cooperation to hear the HATCH and his staff; with respect to the eral judges. President announce his first judicial most important nominations, the Under pressure from the White nominations. Some criticized me for President and he had direct, meaning- House, over the last 2 years, the former going, but I wanted to indicate my ful consultation. In his book, ‘‘Square Republican chairman of the Judiciary willingness to work with the new Peg,’’ for example, Senator HATCH Committee led Senate Republicans in President. After all, during the cam- wrote that he ‘‘had several opportuni- breaking with longstanding precedent paign he had told the American people ties to talk privately with President and Senate tradition. With the Senate he wanted to be a uniter, not a divider. Clinton about a variety of issues, espe- and the White House under control of He had lost the popular vote in a much- cially judicial nominations.’’ the same political party we have wit- disputed 2000 election, and the country He described how, when the first Su- nessed Committee rule after Com- was deeply divided. I hoped that he preme Court vacancy arose during the mittee rule broken or misinterpreted would be a President who would under- Clinton presidency in 1993, ‘‘it was not away. The Framers of the Constitution

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4620 CONGRESSIONAL RECORD — SENATE May 9, 2005 warned against the dangers of such fac- The structure of our Constitution rules broken in the United States Sen- tionalism, undermining the structural and our own Senate rules of self-gov- ate by a party colluding with the White separation of powers. Republicans in ernance are designed to protect minor- House to try to appoint loyalists to the Senate have utterly failed to de- ity rights and to encourage consensus. courts who have been chosen with the fend this institution’s role as a check Despite the razor-thin margin of recent hope that they will re-interpret prece- on the President in the area of nomina- elections, the majority party is not dents and overturn the very laws that tions. It surely weakens our constitu- acting in a measured way but in com- have protected our most fundamental tional design of checks and balances. plete disregard for the traditions of bi- rights as Americans. The American As I have detailed elsewhere, the list partisanship that are the hallmark of people deserve better than we have of broken rules and precedents is the Senate. It has acted to ignore seen with the destruction of rule after long—from the way that home-state precedents and reinterpret long- rule by a majority willing to sacrifice Senators were treated, to the way standing rules to its advantage. This the role of the Senate as a check and hearings were scheduled, to the way practice of might makes right is balance in order to aid a President de- the Committee questionnaire was uni- wrong. termined to pack the federal courts. laterally altered, to the way the Judi- Now the White House’s hand-picked How does the record of judicial con- ciary Committee’s historic protection majority leader seems intent on re- firmations for President George W. of the minority by Committee Rule IV moving the one Senate protection left Bush compare to administrations be- was repeatedly violated. In the last for the minority, the protection of de- fore his? Very well. In President Bush’s Congress, the Republican majority of bate in accordance with the long- first term, the 204 judges confirmed the Judiciary Committee destroyed standing tradition of the Senate and were more than were confirmed in ei- virtually every custom and courtesy its Standing Rules. In order to remove ther of President Clinton two terms, that had been used throughout Senate the last remaining vestige of protec- more than during the term of this history to help create and enforce co- tion for the minority, the Republican President’s father, and more than in operation and civility in the confirma- majority is poised to break the Senate Ronald Reagan’s first term when he tion process. Rules and end the filibuster with the was being assisted by a Republican ma- We suffered through 3 years during votes of the barest of majorities. They jority in the Senate. With the four which Republican staff stole Demo- seem intent on doing this to force judges confirmed so far this year, the cratic files off the Judiciary computers through the Senate this President’s total number of confirmations of this during what has been a ‘‘by any means most controversial and divisive judi- President’s judicial nominees has risen necessary’’ approach. Their approach cial nominees. to 208. It would rise further and faster to our rules and precedents follows As the Reverend Martin Luther King yet, if the White House would only their own partisan version of the Gold- wrote in his famous Letter from a Bir- work with us to identify qualified, con- en Rule, which is that ‘‘he with the mingham Jail: ‘‘Let us consider a more sensus nominees for the 29 current va- gold, rules.’’ That has not been helpful concrete example of just and unjust cancies without a nominee. The Presi- to the process, the Senate or the coun- laws. An unjust law is a code that a nu- dent has sent only one new nominee to try. It is as if those currently in power merical or power majority group com- the Senate so far this year, and it is al- believe that that they are above our pels a minority group to obey but does ready May. If the President wanted to constitutional checks and balances and not make binding on itself. This is dif- pick judges instead of fights, he could that they can reinterpret any treaty, ference made legal. By the same token, work with us rather than divide us. law, rule, custom or practice they do a just law is a code that a majority And what happened to those 11 nomi- not like or they find inconvenient. compels a minority to follow and that nees the President started us off with 4 Some of these interpretations are so it is willing to follow itself. This is years ago? Considering the strong ideo- contrary to well-established under- sameness made legal.’’ Fair process is a logical bent of this group, the Presi- standings that it is like we have fallen fundamental component of the Amer- dent has been quite successful. One has down the rabbit hole in ‘‘Alice in Won- ican system of law. If we cannot have a been withdrawn from consideration and derland.’’ I am reminded that the impe- fair process in these halls or in our 8 of the remaining 10 have been con- rious Queen of Hearts rebuked Alice for courts, how will the resulting decisions firmed, 80 percent. The confirmations having insufficient imagination to be- be viewed? If the rule of law is to mean of Clinton circuit court nominees dur- lieve contradictory things, saying that anything it must mean that it applies ing his second term, from 1997–2000, some days she had believed six impos- to all equally. while a Republican Senate majority sible things before breakfast. I have In the last Congress, I am sorry to re- was in control, were nowhere near as seen things I thought impossible on the port that the rule of law was broken, successful. Over those 4 years 35 of 51 Judiciary Committee during the last spindled and mutilated to serve the in- Circuit Court nominees were con- few years, things impossible to square terests of President George W. Bush firmed, 69 percent. with the past practices of Committee and his party. No man and no party If we looked at 1999 and 2000, the and the history of the Senate. Our should be above the law. That has been 106th Congress, the numbers are even Committee is entrusted by the Senate one of the strengths of our democracy. worse. Fewer than half of the Presi- to help determine whether judicial Our country was born in reaction to dent’s circuit court nominees were con- nominees will follow the law. It is un- the autocracy and corruption of King firmed, 15 of 34. Outstanding and quali- fortunate that the Committee that George, and we must not forget our fied nominees were never allowed a judges the judges has not followed its roots as a nation of both law and lib- hearing, a committee vote or Senate own rules but has bent or broken them erty. The best guarantee of liberty is consideration of any kind. These nomi- to achieve a predetermined result. the rule of law, meaning that the deci- nees include the current dean of the Under our Constitution, the Senate sions of government are not arbitrary Harvard Law School, a former attorney has an important role in the selection and that rules are not discretionary or general from Iowa, a former clerk to of our judiciary. The brilliant design of enforced to help one side and then ig- Chief Justice Rehnquist and many oth- our Founders established that the first nored to aid another. James Madison, ers—women, men, Hispanics, African two branches of government would one of the Framers of our Constitution, Americans, a wide variety of qualified work together to equip the third warned in Federalist Number 47 of the nominees. branch to serve as an independent arbi- very danger that is threatening our So on this anniversary, let us under- ter of justice. As columnist George Will great nation, a threat to our freedoms stand that 8 of the 10 nominees we will once wrote: from within: hear complaints about have been con- [The] accumulation of all powers legisla- firmed. A proper constitution distributes power With respect to the remaining two, I among legislative, executive and judicial in- tive, executive and judiciary in the same stitutions so that the will of the majority hands . . . may justly be pronounced the should note that in the years that Re- can be measured, expressed in policy and, for very definition of tyranny. publicans held the Senate majority and the protection of minorities, somewhat lim- Our freedoms as Americans are the Senator HATCH was the committee ited. fruit of too much sacrifice to have the chair, Judge Terry Boyle was one of

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4621 the very few nominees he chose not to This is no basis on which to break Mr. President, I yield the floor. consider. Thus, Judge Boyle is still be- the rules of the Senate. This is not jus- The ACTING PRESIDENT pro tem- fore the Judiciary Committee. Senator tification to end the Senate’s role as a pore. The Senator from Oregon. SPECTER held a hearing on that con- check and balance on the Executive. Mr. WYDEN. Mr. President, as the troversial nomination and the com- This is not reason for the majority to Senate resumes debating the nuclear mittee is still receiving copies of Judge take the drastic and irreversible step of option for resolving the debate about Boyle’s unpublished opinions for its re- ending protection of the minority judges, I would like to ask that the view. through the tradition of extended de- Senate pursue a conventional option, The remaining nominee is one whose bate in the Senate. the disappearing art of bipartisanship. opinions were criticized by Alberto The White House and the Senate Re- Rather than calling for breaking out Gonzales when he served on the Texas publican leadership’s campaign for the nuclear weapons, I believe the Sen- Supreme Court with her. Indeed, many ‘‘nuclear option’’ seeks to end the role ate should call for breaking out some of her positions were too conservative of the Senate serving as a check on the bipartisanship, and I want to give an and activist for her conservative Re- Executive. But that is precisely what example this afternoon of what the publican colleagues on the Texas Su- the Constitution intends the Senate to possibilities could be for real biparti- preme Court. When I chaired the com- provide. Supporters of an all-powerful sanship in this area of judicial nomina- mittee in 2002, in another gesture of Executive have gone so far as to seek tions. good will, I proceeded on a number of to inject an unconstitutional religious When President Clinton was elected, controversial nominations in spite of test into the debate and to characterize even though I was a Member of the the recent mistreatment of President those who oppose the most extreme of House, I was the senior Democrat in Clinton’s nominees. One of those hear- the President’s nominees as ‘‘against my State. So I was faced with the chal- ings was for Priscilla Owen. people of faith’’ and to call for mass lenge then as a Member of the other I was not required to schedule that impeachments of judges and other body of working with two Senators hearing. I could have followed the ex- measures to intimidate the judiciary. with close to 60 years of experience in ample of my immediate predecessor Our independent judiciary is an essen- the Senate—Mark Hatfield and Bob and denied her consideration before the tial check on the political branches. Packwood. Both of them were ex- committee. It would have been a much Pat Robertson says that he believes tremely gracious in their efforts to easier path than the alternative I that federal judges are ‘‘a more serious chose. Instead, I proceeded. Senator work with me. threat to America than Al Qaeda and I created a formal judicial selection FEINSTEIN conducted the hearing in a the September 11 terrorists’’ and fair manner. After the hearing, I then committee. I gave Senators Hatfield ‘‘more serious than a few bearded ter- and Packwood representation on that did something else that my predecessor rorists who fly into buildings’’ and as Chair so often did not: I proceeded committee. We worked together in a ‘‘the worst threat America has faced in bipartisan way and my first selection to have the committee consider the 400 years—worse than Nazi Germany, nomination on its merits even though I was confirmed without controversy. Japan and the Civil War.’’ This is the I continued that bipartisan selection knew I would not support it. The com- sort of incendiary rhetoric that is pav- mittee debated the nomination fairly committee when I was elected to serve ing the way to the ‘‘nuclear option.’’ It in the Senate. Three of my rec- and openly. Objections to her confirma- is wrong, it is destructive and it is tion, based on her record as a Justice ommendations are now serving on the short-sighted. Federal bench thanks, in great meas- on the Texas Supreme Court, were Chief Justice Rehnquist is right to ure, to the bipartisan cooperation of aired and honestly debated. A vote was refer to the federal judiciary as the my friend and colleague Senator GOR- taken and instead of hiding behind crown jewel of our system of govern- anonymous holds or hidden blue slips, ment. It is an essential check and bal- DON SMITH. After President Bush was elected in Senators put themselves on the record. ance, a critical source of protection of 2000, Senator SMITH retained a similar The result was that the Owen nomina- the rights of all Americans, including bipartisan judicial selection process, tion was rejected by a majority of the our religious freedoms. In ‘‘A Man For committee and not recommended to All Seasons’’ Sir Thomas More speaks and I was pleased to be able to assist the Senate. about the rule of law and the need for him and the Bush administration in Since that time much of what has its protections. When his family con- moving their nominee through the happened has been unprecedented. De- fronts him and demands that he break process. spite the rejection of the nomination the law to get at the Devil, he replies: Now our bipartisanship has been put to the test. In fact, twice, both with re- by the committee, the President resub- What would you do? Cut a great road mitted the nomination the next year. I through the law to get after the Devil? . . . spect to myself and with respect to do not believe that had ever been done And when the last law was down, and the Senator SMITH, we had nominees who before in our history. Then, on a party- Devil turned ’round on you, where would you proved to be controversial to some Sen- line vote, Republicans forced the nomi- hide, Roper, the laws all being flat? ators. In each case, the Senator in the nation to the floor. It was debated ex- This country is planted thick with laws, minority party upheld his commit- from coast to coast, Man’s laws, not God’s! ments and shepherded these individuals tensively and the Senate withheld its And if you cut them down . . . do you really consent. After a series of cloture votes, think you could stand upright in the winds through the Senate. Doing tough bipar- cloture was not agreed upon in accord- that would blow then? tisan work at the front end of the judi- ance with the rules of the Senate. Yes, I’d give the Devil benefit of law, for cial selection process, neither Senator Nonetheless, the President took fur- my own safety’s sake! SMITH nor I were pulled into a partisan ther unprecedented action in, again, re- Our Federal judges are not the Devil squabble later on as the process went submitting the nomination to the Sen- and are not in the service of the Devil. forward. ate. That nomination is now pending, Democratic Senators are not the Devil This is precisely the sort of bipar- again, on the Senate Executive Cal- and are seeking to uphold the Senate tisan cooperation that is now missing endar. as a check on the most extreme actions between the White House and the Sen- By any measure the President’s first of the Executive. I pray that Repub- ate, and what is needed is more bipar- nominees were treated fairly. Judge lican Senators will think about that tisan conventional options for resolv- Parker, Judge Shedd, Judge Clement, and reflect on the protections that our ing this judicial debate and fewer nu- Judge Cook, Judge Sutton, Judge constitutional checks and balances clear threats. McConnell, Judge Gregory and Judge provide. I trust that they will honor It seems to me, going nuclear will Roberts are each serving lifetime ap- the protections of the minority that change the Senate in a very dramatic pointments on important circuit make this institution what it is. I hope way. I think it will make it harder, for courts. The first slate of nominees has that they will show the courage to pro- example, to have breakthroughs in now all been accorded hearings. All but tect the Senate and the minority that health care such as Senator HATCH Judge Boyle have been considered by the senior Senator from Pennsylvania helped me achieve when we passed the the Judiciary Committee. All but one spoke about in his important state- Health Care That Works for All Ameri- of those has been confirmed. ment a few weeks ago. cans law. I think it is going to make it

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4622 CONGRESSIONAL RECORD — SENATE May 9, 2005 harder to have a bipartisan break- It is about building decent highways Mississippi, California, Virginia, Flor- through to producing a new energy pol- and bridges and transit authorities, but ida or Washington, we have access to icy. If ever there was a red, white and it is about more than that. If we do not virtually all the same products, and it blue issue for our country, it is getting have decent infrastructure, if we do not is because of our infrastructure. a new bipartisan energy policy that have decent highways and bridges, if On September 11 and in the days im- would shake us free of our dependence we do not have transit capability, if we mediately following, we saw that our on foreign oil. do not have border roads, we are not highways were absolutely critical to As I held open community meetings going to have economic development. movement of goods and our people and last week at home in Pendleton, Most importantly, and that is why I that we need to have a balanced and Irrigon, Monroe, Fossil, Tillamook, and am here as the chairman of the Surface complete infrastructure package. So it throughout my home State, there were Transportation and Merchant Mari- is time that we act. Our interstate sys- no rallies and citizens calling for the time Subcommittee, safety provisions tem in America is 50 years old. States use of a nuclear option. There were an are not improved and extended. We have been doing their part, but a lot of awful lot of people asking: What are should care an awful lot about this. the States are struggling with their you going to do about health care costs The safety portion of the legislation budgets and a lot of the highway de- that are going through the strato- was reported out of the Commerce partments have been living on these sphere? And I talked to them about the Committee, with the support of Chair- extensions. So we have lost an opportunity. We have lost ground. efforts that I and Senator HATCH have man TED STEVENS and the ranking Thirty-two percent of our major put in place. Democrat, who is referred to in our roads are in poor or mediocre condi- They wanted to know about what is committee as cochairman, Senator tion, almost a third. Almost 30 percent going to be done to deal with crum- INOUYE. It is bipartisan, and I believe it of our Nation’s bridges are structurally bling roads. I see our friend from Okla- is very strong legislation. deficient and obsolete. Quite frankly, I homa who would like to pull together a I care about the safety portion of it, am afraid where we are headed. If we and maybe I care about the safety pro- bipartisan bill to deal with our coun- do not do something about this, there visions more than some people because try’s infrastructure. will be a loss of the jobs that would So folks were talking about health I have had a family tragedy myself have been generated, and it would con- care, creating jobs and a fresh energy that has affected my thinking on this. tribute to the slowing down of our My father was killed in an automobile policy. They know the only way the economy. Senate is going to achieve any of that accident, without a seatbelt, involving TEA–21 did an awful lot for our coun- is through bipartisanship. alcohol, on a narrow, two-lane, hilly try, but it is time that we move to the I also see the distinguished chairman road. This section of this legislation next step. The U.S. Department of of the Judiciary Committee, my friend would affect all of that. It would give Transportation has said that for every Senator SPECTER. Today the Senate additional incentives for States to do $1 billion in Federal transportation in- has a choice. Tomorrow or the next day more to stop driving while under the frastructure investment, 47,500 jobs there may not be a choice. I hope my influence of alcohol. It would give in- would be created. So just think about colleagues will choose the conventional centives for people to use seatbelts. It that when looking at what is involved option we have been using in Oregon would improve our roads and bridges in this bill. We are talking about many that Senator Hatfield and Senator and widen our roads. So this is per- thousands of jobs being created. We Packwood assisted me with and that sonal with me, and I care an awful lot need to have this 5-year extension. In Senator GORDON SMITH has assisted me about it. the general sense, I urge my colleagues with. I hope we will choose what I call Before I get to that section of the to work together in a bipartisan way the Oregon conventional option and legislation, I want to talk about the and work with the administration to seek a renewed bipartisan commitment broader perspective. When we look at get this legislation completed before to resolving this matter. history and at infrastructure and the this next extension expires. The ACTING PRESIDENT pro tem- ancient Roman Empire, many would The portion of the bill that I am di- pore. Under the previous order, the say it was their advanced infrastruc- rectly responsible for is from the Com- Senator from Mississippi is to be recog- ture and efficient highways that al- merce Committee, and it is the safety nized. lowed them to build the empire that provisions that would be in the reau- Mr. LOTT. Mr. President, parliamen- they had. That highway system was thorization. I will describe what is in tary inquiry. critical to the expansion and protec- this Safety Improvement Act of 2005. It The ACTING PRESIDENT pro tem- tion of their empire. It allowed rapid is a comprehensive reauthorization of pore. The Senator will state his in- troop movement. It facilitated trade. It many of the Department of Transpor- quiry. enabled ease of movement for dip- tation safety programs that we passed Mr. LOTT. I have been in the cloak- lomats and couriers. It provided rapid in 1998. It includes trucking and bus room waiting for the opportunity to expansion of the Roman sphere of in- safety, highway and vehicle safety and speak on the highway bill and to speak fluence. It afforded military protection hazardous material safety. The bill on behalf of the commerce safety por- from invaders and facilitated commu- also includes provisions to protect con- tion of that highway bill. Are we now nication between distant parts of the sumers from fraud in the moving indus- going to turn to the highway legisla- empire. try and to reauthorize the boat safety tion? We do not want to replicate every- and sport fishing programs. It is de- The ACTING PRESIDENT pro tem- thing we saw in the Roman Empire, signed to improve the safety of all of pore. We are on the highway legisla- but it also is interesting to note that our constituents and its enactment tion. We were under a unanimous con- that empire eventually went away, and will save lives and reduce injuries. sent request, with the Senator recog- some people say it was partially attrib- Just last month, the Department of nized to speak next. utable to the fact that they quit build- Transportation released preliminary Mr. LOTT. Mr. President, I am ing the infrastructure; they let the traffic fatality data for 2004. The good pleased this afternoon to talk about country start decaying and the infra- news is the fatality rate on our high- title VII of this very important Surface structure go into disrepair. I think ways is down slightly, but that data Transportation Improvement Act of that is what we are beginning to expe- still shows there is much to be done. 2005. I remind my colleagues that the rience in America. The programs authorized in this bill highway and transportation legisla- One of the reasons why we have been are authorized to do that. tion, TEA–21, that we passed back in able to continue to grow, do well, and Through the leadership of Chairman 1998, effectively expired September of move around this country is because of STEVENS, we have met with all of the 2003—not 2004 but 2003. We are now on our infrastructure: highways, bridges, interested parties in business, labor, the sixth extension of this very impor- railroads and ports and harbors. The safety advocates, as well as State rep- tant legislation. This week we need to whole package is critical. It is what en- resentatives. We made sure everybody complete action on this very important ables America to have our great sys- had some input in the drafting of this bill. tem. Whether people are from Maine, legislation.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4623 We still have to make note of the al- sions about the highway title. We have we want a chance to go over it in detail most 18,000, or 56 percent, of the people people ready to take those amend- and make this a reality. who died last year in highway acci- ments who are ready to discuss those The amendment is going to bring the dents were not wearing a seatbelt. The with our colleagues on the other side of total size of the bill up to $251 billion. quickest and most effective way of in- the aisle to see which ones we can ac- This includes $199 billion for highways, creasing safety is to get people to wear cept. Is it my understanding that we $5.8 billion for highway safety, and their seatbelts. So we have included a only have 31⁄2 days to complete work on $46.6 billion for mass transit. This program to give States incentive this very complex bill that covers not amendment would add $6.8 billion in grants to pass primary seatbelt en- only the EPW section but commerce, additional receipts to the highway ac- forcement laws. Some people would finance, and the other sections? Is that count of the highway trust fund, all of like to turn this around and say if correct? which are offset in the amendment— States do not pass the seatbelt acts, we Mr. INHOFE. That is my under- also, thanks to the good work of Sen- are going to take money away from standing. You remained here with me ator GRASSLEY and Senator BAUCUS of them. That sort of approach has been all last week inviting Members to bring the Finance Committee. They have tried in the past. It did not work, and their amendments down. We said we made a yeoman effort and have been it will not work now. would be getting close. Who knows, we able to have us increase this highway I believe in States such as mine, with may even get a cloture vote, and then funding and have it paid for. an incentive to pass these primary at the last minute hysteria will set in. Highway funding would increase by seatbelt laws, there is a good chance Now is the time to bring them down $8.9 billion over the EPW-reported bill. we would comply. But if we are told we and consider them. That is the bill that came out of our are going to be punished if we do not, Let me comment on the great work committee. It includes a 5.1-percent in- the odds are we will not. So we have the chairman of the transportation crease in both apportioned and allo- drafted this in a way that I believe subcommittee, Senator BOND, has done. cated programs. It also increases the every State will strive to have signifi- We need to get to it now. This is prob- minimum rate of return to donor cant increases in their safety numbers ably very likely the most important States to 91 percent immediately. and a decline in the fatalities on their single bill of this session. Right now, as you know, it is 90.5 per- highways. So we will be supporting this Mr. BOND. I thank the chairman. I cent. It would raise it to 91 percent in provision in our part of the highway hope we can get on with it while our 2006 through 2008. This increases the bill. colleague is speaking. I hope other growth ceilings so more States get to The data also shows that alcohol is a Members and staff will come to the 92 percent more quickly. factor in almost 40 percent of all crash- floor and share their amendments and In other words, we are to go to 91 per- es. Funds are included for States to en- begin the discussion that is going to cent immediately, and in 2006, and then force drunk driving laws and include have to move very quickly if we are to eventually all States will be at 92 per- incentives to toughen their laws. These finish this bill this week and stay on cent in this period of time. safety programs should have been au- schedule to try to avoid another exten- The donee States, the ones that are thorized almost 2 years ago, but due to sion. actually getting back an amount that disputes we have not been able to im- The ACTING PRESIDENT pro tem- is in excess of the amount that is paid prove our safety provisions, improve pore. Under the previous order, the in, they would have a guaranteed min- our safety incentives, and therefore Senator from Pennsylvania is recog- imum growth rate being increased from some of the culpability for the amount nized for 15 minutes. 10 percent to 15 percent every year. The and severity of accidents and the Mr. SPECTER. Mr. President, I average growth rate increases from deaths should be placed at our door- thank the Chair for the recognition, just under 25 percent to almost 31 per- steps. We need to work with the States but 15 minutes—if I could have the at- cent. to ensure these programs make sense tention of the chairman of the com- The amendment also includes fire- and they are carried out effectively. We mittee, my colleague, Senator INHOFE? walls to ensure the highway trust fund should have funding levels that reflect Fifteen minutes is insufficient. I had dollars are spent on this Nation’s the commitment that we are making been seeking time since last week and transportation needs. There has been a to highways and to safety on our high- had been assured by the floor staff that problem over a long period of time. ways. I could have 45 minutes starting at 3:10. People have been very offended by the I hope the Senate will pass this legis- I understand the importance of the fact that these trust funds have been lation this week and that Congress will highway bill. I am here to talk about raided and somehow these moneys are pass the final conference report this the constitutional or nuclear option in diverted to other causes. Senator BOND month so the States do not miss the my capacity as chairman of the Judici- and I, and I think the vast majority, summer’s construction season. ary Committee. I know the highway and certainly 76 percent of this Senate, I again thank my colleagues on both bill is important, and I have been agree that we should have firewalls; we sides of the aisle for working with us to pressing to bring it up, but the matter should protect that money and make develop the safety provisions that will I wanted to speak on is perhaps of sure it goes to highway spending. be included in the substitute package I greater importance. Finally, the mass transit funding in- believe the chairman will offer. I had asked for 45 minutes and creased by $2.3 billion to $46.6 billion. The ACTING PRESIDENT pro tem- thought I might do it in 25, but it was This represents a dramatic increase in pore. The Senator from Oklahoma. reduced in a negotiating session with the transit share of the bill from 18.18 Mr. INHOFE. Mr. President, we are Senator INHOFE to 15, and I cannot do percent under TEA–21—that is what it overdue getting on the highway bill. it in 15. So I will be back another time. was when we passed it 7 years ago—to We are preparing right now to offer a I yield the floor. 18.48 percent. The safety programs have substitute amendment. We are pre- The ACTING PRESIDENT pro tem- increased, which Senator LOTT has pared to do that, but Senator SPECTER pore. The Senator from Oklahoma. talked about in the purview of his com- had said he wanted to speak for a pe- Mr. INHOFE. Mr. President, in a few mittee. They have increased their fund- riod of time as in morning business. He minutes it is our intention to bring up ing over levels in S. 1072, last year’s has been planning to do that, and I will the substitute amendment, to have the bill, which was funded at $318 billion. yield 15 minutes to him for that pur- pending amendment withdrawn and Last year, during consideration of pose. bring up the substitute amendment. We the $318 billion Transportation bill, the The ACTING PRESIDENT pro tem- are not quite ready for that. We are Senate voted 76 to 21 in favor of fund- pore. Without objection, it is so or- waiting for a few things to be done in ing the highway bill at $255 billion, in dered. a few minutes. I think it will be mass transit at $56 billion. This vote Mr. BOND. Mr. President, will the worked out, but the managers’ amend- should be even more of a resounding chairman yield? Mr. Chairman, we are ment is going to do a lot of things to victory for adequate funding levels for ready. We are open to do business. offset some of the problems people had transportation, especially considering There have been a great many discus- with the bill. When that time comes, this bill is funded at a lower level.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4624 CONGRESSIONAL RECORD — SENATE May 9, 2005 I remind my colleagues of the vote on the safety of cars and trucks, and their method for tracking the safety and qualifica- the Talent amendment to this budget drivers. tion of truck and bus drivers. The funding resolution which received over 80 votes The Commerce Committee’s section will be used to modernize an outdated com- of H.R. 3 incorporates many of the ad- puter system and will help efforts to prevent from Senators who voted to support it. truckers from holding multiple driver’s li- This amendment gave flexibility to ministration’s recommendations, and censes. increase the funding for the bill as long those of safety advocates, regarding Updates the medical program for commer- as it was offset, which is exactly what auto and truck safety, as well as the cial drivers in the wake of several high-pro- Senators GRASSLEY and BAUCUS have safety of hazardous materials transpor- file truck accidents that raised concerns done in their portion of this amend- tation. The bill also strengthens con- about the current process. The bill estab- ment. sumer protections for those who en- lishes a Medical Review Board to recommend This is the amendment we do want to standards for the physical examinations of trust their belongings to a moving commercial drivers and a registry for quali- bring up. We are not quite ready to company, and provides more robust, fied medical examiners. Medical examiners seek unanimous consent to bring it up. predictable funding for boating safety who perform the exams are required to re- I ask Senator BOND, the sub- and sport fish restoration programs. ceive training to be listed on the registry. committee chairman, if he seeks rec- We have been at loggerheads with the Replaces the current Single State Reg- ognition now. Let me have him recog- administration over the funding levels istration System (SSRS) with a new system nized. If he wants to yield to Senator needed to improve our transportation that requires truckers to register in only one state, while preserving state revenues col- INOUYE, he can do that. system for more than a year. I am lected through the current system. The ACTING PRESIDENT pro tem- hopeful that these disagreements can Improves the maintenance and safety of pore. The Senator from Missouri. be resolved so that we may finalize this intermodal chassis. For many years, there Mr. BOND. Mr. President, I was going important safety bill this session. I has been a dispute about who should be re- to do what the chairman of the full support more resources for all of our sponsible for the safety of truck trailers, committee said, but I see our friend surface transportation programs and known as intermodal chassis, that are owned from Hawaii is here. We have already believe that we should seek funding by railroad and steamship companies, but had a discussion of the commerce title. are hauled by truckers. The bill contains closer to the levels that a majority of provisions, agreed to by the trucking, rail- I am happy to defer to my colleague this chamber supported last year. road, and steamship companies, that delin- from Hawaii. If we do provide additional funding, a eates responsibility for safety among the The ACTING PRESIDENT pro tem- pro-rata share should be allocated to various parties. pore. The Senator from Hawaii. our Nation’s transportation safety pro- Requires the FMCSA to provide outreach Mr. INOUYE. Mr. President, let me grams. and training to ensure that states are prop- begin by thanking Surface Transpor- The Commerce Committee’s titles of erly enforcing operating authority require- tation and Merchant Marine Sub- ments for foreign commercial vehicles. It the highway bill have received broad also requires a study of whether current or committee Chairman TRENT LOTT and support by incorporating many initia- future Canadian and Mexican truck fleets Commerce Committee Chairman TED tives proposed by the administration, that operate or are expected to operate in STEVENS for their efforts to develop a industry, and safety advocates. How- the United States meet U.S. truck safety consensus, bipartisan bill to reauthor- ever, we are always searching for ways standards. ize highway safety and boating safety to improve the bill and to reduce the TITLE II—HIGHWAY AND VEHICULAR SAFETY programs under the Commerce Com- risk of death and injuries on our Na- This title reauthorizes highway safety pro- mittee’s jurisdiction. tion’s highways. grams designed to reduce deaths and injuries Together, with the help of other I encourage those who might have resulting from motor vehicle crashes. These members of our committee, including amendments to offer to the Commerce programs are administered by the National Senators MARK PRYOR, JAY ROCKE- Committee’s titles to come forward so Highway Traffic Safety Administration (NHTSA), which was established by the FELLER, CONRAD BURNS, BYRON DOR- that we may work to incorporate these Highway Safety Act of 1970. To improve GAN, FRANK LAUTENBERG, and BARBARA requests, to the extent possible. highway safety, our bill: BOXER, we have crafted legislation that I urge my fellow Senators to support Provides $700 million a year in grants to advances the safety of all motorists on the significant safety provisions con- states to increase seat belt use and reduce our Nation’s highways. tained within our section. The safety of drunk driving. Grants are awarded to states Our committee considered the Sur- the traveling public depends on it. that enact primary seat belt laws and enact face Transportation Safety Improve- specific strategies to combat drunk driving. Mr. President, I request unanimous Provides $24 million a year for national ad- ment Act of 2005 on April 14 and re- consent to have printed in the RECORD vertising campaigns to increase seat belt use ported this measure without amend- a document which summarizes each of known as the ‘‘Click-It-Or-Ticket’’ cam- ment. the bill’s key provisions. paign, and to reduce drunk driving. These Our national highway transportation There being no objection, the mate- advertising campaigns purchased at the na- network is a tremendous national asset rial was ordered to be printed in the tional level are complimented by states co- and a first-class system. It allows us RECORD, as follows: ordinating police enforcement at the local level. the freedom to travel and fosters eco- SUMMARY OF COMMERCE COMMITTEE TITLES nomic growth. The benefits of mobility Provides substantial funding for NHTSA to TITLE 1—MOTOR CARRIER SAFETY conduct research on reducing traffic deaths that our highways provide, however, Title 1 of our bill focuses on truck and bus and injuries. States rely on this research to come with a staggering cost of injury, safety. The Federal Motor Carrier Safety Ad- target safety strategies in the most cost-ef- property destruction, and death. ministration (FMCSA) is the federal agency fective way. Recent safety trends indicate that responsible for truck safety through strong Requires NHTSA to issue a rule by 2009 the dangers of operating a vehicle on enforcement of safety regulations, targeting that requires automobiles sold in the United this network are still disturbingly high-risk motor carriers and commercial States to have new stability control tech- high. According to the National High- motor vehicle drivers. While much progress nologies that reduce the likelihood of roll- has been made in motor carrier safety, acci- over crashes, better door locks to reduce the way Traffic Safety Administration, likelihood of passenger ejection in a rollover highway fatalities and injuries in- dents involving large trucks remain a significant safety and economic concern. To im- crash, and stronger roofs to protect occu- creased from 42,643 in 2003 to 42,800 in prove truck safety, our bill: pants in a rollover crash. 2004. Large truck crash fatalities in- Reauthorizes the Motor Carrier Safety As- Requires NHTSA to issue a rule by 2008 creased by 3.7 percent from 4,986 in 2003 sistance Program (MCSAP) for the years 2006 that sets new safety standards for auto- to 5,169 in 2004. through 2009 at an average annual funding mobiles sold in the United States to better To put these numbers in context, the level of $200 million, more than double the protect occupants in a side-impact crash. Requires window stickers on new cars to United States suffered more than 58,000 Transportation Equity Act (TEA 21) level, and consistent with the Administration’s display safety ‘‘star’’ ratings in a similar casualities during the entire Vietnam manner that gas mileage is displayed on win- War. We are now losing nearly 43,000 proposal. Grants from this program are distributed via formula to states to enforce dow stickers. Americans on our highways every year. motor carrier safety rules and regulations. TITLE III—HAZARDOUS MATERIALS As we consider ways to improve the Provides $20 million to modernize the Com- TRANSPORTATION SAFETY infrastructure and operation of our mercial Driver’s License Information Sys- Title III of our bill is designed to improve highways, we must do more to increase tem (CDLIS). This system is the primary the safety and security of the transportation

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4625 of hazardous materials. The hazardous mate- ized also for failure to give up possession of vary from year to year. Under the new agree- rials (HAZMAT) transportation safety pro- a shipper’s household goods, and if convicted, ment, all programs will share in the rise and grams, now administered by the Pipeline and that person shall be fined or imprisoned for fall of these revenues, less the $9 million set Hazardous Materials Safety Administration up to five years. aside for administration, and the $3 million (PHMSA), have gone unauthorized since 1998. Authorizes the Secretary of Transpor- set aside for multi-state grants. Title V es- In 2004, there were 14,515 HAZMAT incidents, tation to register a person to provide trans- tablishes the following funding shares for the resulting in 8 deaths and 206 injuries and in portation of household goods only after that Trust Fund programs: the aftermath of recent HAZMAT accidents person meets certain requirements. In addi- Sport Fish Restoration, 57% (including 15% in South Carolina and heightened security tion, the bill authorizes a penalty, of not less for Boating Access); Boating Safety Grants, concerns in this new era of global terrorism, than $25,000, for carriers and brokers who 18.5%; Coastal Wetlands Act, 18.5%; Boating reauthorization of these programs is a Com- transport household goods but do not reg- Infrastructure, 2.0%; Outreach, 2.0%; Clean mittee priority. Title III: ister with DOT. Vessel Act, 2.0%. Reauthorizes the Department of Transpor- Codifies existing regulations that require a The growing popularity of recreational tation’s (DOT) HAZMAT safety programs at carrier to give up possession of the house- boating and fishing has created safety, envi- $25 million in FY 2005, $29 million in FY 2006, hold goods provided the shipper pays the ronmental, and access needs that have been and $30 million for each fiscal year from FY mover 100% of a binding estimate of the addressed successfully by the Recreational 2007–2009. charges or 110% of a non-binding estimate of Boating Safety and Sport Fish Restoration Provides $21,800,000 annually for commu- the charges. The bill permits a carrier to programs. The Trust Fund program reau- nity HAZMAT planning and training grants charge only a prorated amount for the par- thorizations and funding adjustments con- and allows states flexibility to use some of tial delivery of a shipment in the case of a tained in Title V are important for the safe- their planning money for training programs lost or damaged shipment, and limits the ty of boaters, the continued enjoyment of as needed. Additionally, the bill provides $4 amount of impracticable charges that must fishermen, and improvement of our coastal million annually for HAZMAT ‘‘train the be paid upon delivery. areas and waterways. trainer’’ grants, and allows these funds to be Establishes that a carrier is liable for the The ACTING PRESIDENT pro tem- used to train HAZMAT employees directly. pre-determined total value of goods shipped pore. The Senator from Missouri. Requires Mexican and Canadian commer- unless otherwise authorized by the shipper. Mr. BOND. Mr. President, I thank my cial motor vehicle operators transporting The current standard liability is at a rate of 60 cents per pound of a consumer’s goods. colleague from Hawaii. I am hoping we HAZMAT in the U.S. to undergo a back- can get started on this bill as quickly ground check similar to those for U.S. Directs the Secretary of Transportation to HAZMAT drivers. Additionally, the bill im- modify existing regulations to require a car- as possible because this time during proves current HAZMAT background check rier’s or broker’s website to provide certain this week has been set aside for the bill procedures and requires a study on back- information. In addition, the Secretary with all of the titles—EPW, commerce, ground check capacity. would be required to establish a system and finance—and we have a very complex Increases civil penalties to up to $100,000 database for complaints and solicitation of bill. We need to work on these amend- State information regarding the number and for HAZMAT violations that result in severe ments right away. injury or death and raises the minimum pen- type of complaints about a carrier. The bill directs the carrier to provide the shipper in- There is discussion about holds on alties for violations related to training. both sides. I hope if anybody has a Authorizes $5 million for FY 2005–2009 for formation about their rights. the Operation Respond Emergency Informa- TITLE V—AQUATIC RESOURCES TRUST FUND problem with the bill they will come tion System to improve the real time deliv- REAUTHORIZATION down and work with us and not hold up ery of information about HAZMAT in trans- Title V reauthorizes activities funded by the bill because we cannot do our job portation to first responders. two of the Nation’s most effective ‘‘user-pay, and get this measure passed if we are Authorizes the Secretary of Transpor- user-benefit’’ programs—the Sport Fish Res- blocked from bringing it up by people tation to establish a program of random in- toration Fund, administered by the Fish and phoning in their holds. spections to determine the extent to which Wildlife Service, and the Recreational Boat- I would like to have any Member who undeclared HAZMAT is transported in coming Safety Fund, administered by the U.S. has a problem to talk to our staffs, re- merce through U.S. points of entry. It also Coast Guard. These programs constitute the alize there are lots of things that many creates a HAZMAT research cooperative ‘‘Wallop-Breaux’’ program, which is funded through the National Academy of Sciences’ through the Aquatic Resources Trust Fund. people want to change, but that is what Transportation Research Board. This reauthorization will allow continued this whole process is about. We are try- Streamlines federal responsibilities for en- funding of programs that benefit boating ing to craft a bill that has been re- suing the safety of food shipments. Primary safety, coastal wetland protection and res- ported out of several different commit- responsibility is transferred from DOT to the toration and sportfish restoration, as well as tees. Our highway title has been out Department of Health and Human Services Clean Vessel Act grants that help to keep there for 10 days, and everyone has had (HHS) which would set practices to be fol- our waterways clean. The title is supported a chance to work on it. We have lowed by shippers, carriers, and others en- by a large coalition of recreational and boat- cleared numerous amendments on both gaged in food transport. Highway and rail- ing groups, who are members of the Amer- road safety inspectors would be trained to ican League of Anglers and Boaters. sides of the aisle to take care of needs spot threats to food safety and to report pos- As our nation’s coastal population and that various Members have. We cannot sible contamination. tourism industry grows, these coastal pro- get this bill completed if people phone TITLE IV—HOUSEHOLD GOODS grams are more popular than ever. But boat- in holds and say: No, we are not going ing safety is also vitally important. State The purpose of Title IV is to provide great- to let you go to the floor. It is very im- programs are nearly 100% funded through er protection to consumers entrusting their portant that Members come down. This the Boating Safety fund, which allows state belongings to a moving company. While is going to be a very difficult bill. law enforcement to perform boating safety most of movers operate reputable businesses, Mr. LOTT. Will the Senator yield? patrols, as well as train recreational boaters. a small number of ‘‘rogue’’ movers continue Mr. BOND. I am happy to yield. The presence of these law enforcement boats to defraud thousands of consumers annually. on the water not only benefits recreational Mr. LOTT. What is the present situa- The oversight of the interstate household boaters, but also helps meet Coast Guard tion that would block the Senate from goods moving industry is the responsibility needs and enforce port security. Title V: moving forward with this legislation of the Federal Motor Carrier Safety Admin- Renames the Trust Fund the Sport Fish and amendments being offered? Can’t istration (FMCSA). FMCSA is tasked with Restoration and Boating Trust Fund, and you just ask consent to go to the legis- issuing regulations, conducting oversight ac- eliminates the separate Boating Safety Ac- lation? tivities, and taking enforcement actions on count. consumer complaints that have averaged Mr. BOND. My understanding from Reauthorizes the Marine Sanitary Devices the cloakrooms is there are Members about 3,000 per year since 2001. Title IV: pump-out program, the Boating Infrastruc- Allows a state authority that enforces ture Grant Program, and Outreach pro- who have phoned in their concerns state consumer protection laws and State grams. about moving to it. Attorneys General to enforce federal laws Increases the Boating Safety Grants to a Mr. LOTT. Mr. President, if the Sen- and regulations governing the transpor- three-to-one match, the same match as the ator will further yield, who is the tation of household goods in interstate com- Sport Fish Restoration grants. cloakroom—is he a Senator? This is merce. Funds most of the programs on a percent- highway legislation that has been held Authorizes a penalty, of not less than age basis, which provides both simplicity and up for 21⁄2 years that is causing people $10,000, for a broker who provides an esti- fairness. Conforming changes to the Internal mate to a shipper before entering into an Revenue Code will be included in the sec- to get killed, that is keeping us from agreement with a carrier to move the ship- tions offered by the Finance Committee. creating jobs. per’s goods. A $10,000 penalty and up to a 24- Annual revenues to the Fund total ap- The Senator from Missouri and the month suspension of registration are author- proximately $500 million, but the amounts Senator from Oklahoma and all other

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4626 CONGRESSIONAL RECORD — SENATE May 9, 2005 Senators trying to manage this legisla- it is in pursuant to the provision in- It seems as if it is the nature of the tion have been very effective, very cluded in the transportation section of Senate that you just do not do any- helpful of everyone, very considerate, the highway bill that there could be an thing until you have to do it. Now you but it is time we get this legislation add-on. have to do it. So we want them to come going. The very idea that a Senator on I hope people will see this is a crit- down. It is our hope now to get to the Monday afternoon is calling in here or ical time to move forward on this managers’ substitute. We are not in a hiding out in his office or calling from measure. If there are people who have position to quite do that yet; however, some airport saying they object to us amendments, I hope they will be ready we can certainly entertain amend- going to this legislation—I would like to come forward. ments and have amendments discussed for them to explain that to their con- I yield the floor. and lined up. Then we can talk about stituents. The Senate has been playing The ACTING PRESIDENT pro tem- the necessity of having this bill. That around long enough this year delaying pore. The Senator from Oklahoma. is essentially what we are doing right Mr. DURBIN. Will the Senator yield? everything, slow-walking everything. now. Mr. INHOFE. Yes, I yield for a ques- By the way, this is not partisan; it is I can assure the Senator from Mis- tion. sissippi, his frustration is no greater on both sides. This legislation is crit- Mr. DURBIN. Just for a question. ical. It is time the Senate starts acting than mine because I will have people I came to the Senate and heard Sen- stop and talk to me about amend- as a Senate instead of a kindergarten. ator LOTT. He was exasperated and I hope the Senators will give the con- ments—fine, bring them down; let’s frustrated. He said Members were not discuss them—and they do not show up. sent this Senator from Missouri needs offering amendments, so I came to the to get on this legislation and get it out That is what we want to make sure Senate quickly to find out the extent happens. of here. If we do not, our constituents of it. are going to know who is the problem I think the Senator from Illinois is Would the Senator from Oklahoma right. We are on our sixth extension and why we are not getting this job clarify, is it not true that we now have, done. It is time we get some Senators now. We worked on this bill for 2 years in effect, a new bill—about 1,000 pages, prior to the time we brought it to the by the nape of the neck and tell them the substitute—that is being copied to put up or shut up because this legis- floor last year. So this has been a 3- now and being shared for the first year process. My concern is if we end lation is critical. It is time to get it time? Members who seek to amend the done. We ought to be having votes on up just getting another extension, we bill should at least be given a chance to are not going to get anything done that amendments this afternoon. The very review this new version of the bill so idea of Senators hiding in their offices really needs to be done. If we are con- their amendments are in order. cerned about doing something for saying, I am not ready, or I don’t want Mr. INHOFE. I respond to the Sen- donor States, we are not going to do it to come, or I object—get over here and ator from Illinois, I am not sure what with an extension because it is going to legislate and start acting like adults. was shared with all the Democrats. I do be the same thing as we have been hav- I thank the Senator from Missouri know that Senator JEFFORDS and Sen- for yielding to me for that calm expres- ing under TEA–21 as of 7 years ago. ator BAUCUS—we have been working to- If our concern is about the Safety sion of concern. gether. They are the ranking members Mr. BOND. I certainly hope the Sen- Corps, the Senator from Mississippi is of the subcommittee and whole com- right. It is his committee that deals ator from Mississippi feels better. I feel mittee. We have done this jointly. This with the Safety Corps programs. Cer- better because he has expressed my has been done all together. Whether tainly the State of Oklahoma is high sentiments very clearly. We have been that was shared with all the Members, on the list of deaths on the highways. waiting 21⁄3 years to have this bill in I have no way of knowing. We have to get this done. the Senate, and we have plenty to work Mr. DURBIN. If the Senator will I suggest it is a matter of life and on. I hope we are ready to move for- yield, I share the sentiment and under- death that we get a bill because if we ward. stand his frustration 3 years into this operate off of extensions, we are not I will add to what the chairman of process still trying to come up with a going to do anything to improve safety the EPW committee, my colleague bill. I want to see this done as quickly on the highways. The Senator from from Oklahoma, has said. Recognize as possible. I will urge the staff that is Mississippi made that very clear. We that last year during the consideration now reviewing this new substitute are not going to have any real stream- of the Transportation bill, the Senate amendment—some are just seeing it for lining of environmental reviews. We voted 76 to 21 in favor of funding the the first time—to move quickly and to have some good elements in this bill highway bill at $255 billion, mass tran- urge all colleagues on both sides, that are going to be able to help us sit at $56 billion. This vote was a Democrats and Republicans, to bring build roads faster with less money than strong signal that the Members of the their amendments to the floor and let’s we could on an extension. If we are op- Senate believe we need to spend more get on with it. erating on an extension and do not dollars for safety, for our economy, for I say to the Senator, I understand his have a bill, we are not going to have jobs, for our long-term growth and fu- feelings, and if it is in the form of a any increase in our ability to have in- ture on highways. question, does the Senator believe he is novative financing thereby giving the We did adopt in this budget resolu- deserving of my empathy? States more tools. tion the provision presented by my col- Mr. INHOFE. I thank the Senator What we have tried to do in this bill league, Senator TALENT, and the Sen- from Illinois. is to give a lot more of the power back ator from Michigan, to give the Fi- I remind the Senator, as chairman of to the States. It has been my belief, nance Committee the opportunity to this committee I went first to Illinois and I think shared by most members of increase funding for the bill as long as before going anywhere else to have a my committee, that the closer you get it was properly offset, and 80 Senators field hearing, which we had in Chicago to home, the more people are aware of voted in support of it. That is exactly and went over some of the needs. They their specific needs. There are a lot of what the chairman and the ranking made it very clear to me that there are people who have some excellent ideas member, Senators GRASSLEY and BAU- needs in Illinois, and the Senators from on innovative financing that the States CUS, have done in their amendment. Illinois are very anxious to get this bill are going to be able to do. This is in I urge we support this amendment under consideration. the bill. because we are still going to be short of Again, the only frustration I have on The Safe Routes to School Program— where we were last time. No one is amendments is that for 4 days last the Senator from Vermont is very going to be able to get, for their par- week we talked about this, begging much interested in that. It is one that ticular areas of interest, their par- people to bring down amendments. is handled in this bill. However, if we ticular priorities, the same amount of The Senator from Illinois knows as go on an extension, extension No. 7, we money that would have been available well as I know what could very well are not going to have the Safe Routes under $318 billion. This measure does happen: we could get into a cloture sit- to School Program. increase the funding somewhat over uation where then we would be out of The States are considered to have un- the figure written into the budget, but time. certainty. We have come back from

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4627 about a 7-day recess. I talked to our chokepoints between channels and rail- mula. Our formula takes everything people, our highway people, our depart- roads and roads. We deal with that. It into consideration. We are talking ment of transportation in Oklahoma, is an intermodal bill. A lot of people about interstate lane miles; vehicle and they cannot have any kind of plan- are not aware of the fact that in my miles traveled on the interstate; the ning for any kind of certainty as to State of Oklahoma, we are actually contributions to the highway trust knowing what is going to happen in the navigable. We have a navigation chan- fund; the lane miles and principal arte- next year and the year after that and nel. This bill deals with the ries, excluding the interstate VMT on for the next five years unless we pass chokepoints between rail, road, water, principal arteries; surface transpor- this bill. They are begging, pleading: and other air transportation. tation programs; total lane miles—all Why can’t you get this done because it And there is the firewall. If there is these things are considered—the Bridge has to be done in order for us to plan one thing that has bothered me over Replacement and Rehabilitation Pro- for the future. the years I have been on this com- gram; we have rankings to see what is I am particularly concerned about mittee—I have been on this committee really nationwide that should be at- this because as to bridges, for example, for 11 years; and before that, in the tributed to this. Certainly, I am a little in my State of Oklahoma, we are dead other body, I was on the Transpor- bit prejudiced, being from Oklahoma last in the Nation in terms of the con- tation Committee for 8 years, so that is where our bridges are in the worst dition of our bridges. And we cannot 19 years. During that time, when I have shape of any of the 50 States. We are get anything done and plan for the fu- gone back to my State, the thing peo- going to correct that, and we can cor- ture unless we get a bill. ple are offended by is that there are al- rect that with this bill. There are a lot of people in a lot of ways raids on the highway trust fund. We have congestion mitigation, air States who are concerned about the People have their own programs, quality improvement programs, and borders program. It is critical to the they may be good programs, but they these are very significant. These are border States that are dealing with the try to go in and get money out of the the things that come in under the for- NAFTA traffic. This bill deals with highway trust fund to support those mula that goes out to the States. We that. With an extension, it is not going programs. We have seen this happen have the Recreational Trails Program. to happen. If we do not do this bill, we over and over again in establishing We know all about that. We take into will have a delay in the establishment policies in the Senate, that they high- consideration low-income States. of this national commission to explain way fund it. How should we fund it? There are some States that are lower new ways to fund transportation. Let’s fund it with transportation funds. income States, and the people are not I can tell you we have not done it I believe that is a moral issue. really able to pay for quite as much as any differently than when Dwight D. When the American people go to the some other States. We have low-popu- Eisenhower was President of the pump, they do not mind paying a tax, lation States, but they still have to United States. He came along and rec- but when they find out that tax is not have roads. Consequently, that has to going to highway construction and ognized a problem in our transpor- be a part of the formula. We have low highway improvements and highway tation system as a result of the prob- population density States. Some States maintenance and intermodal transpor- lem he had during World War II in have much higher fatalities than other tation, they are understandably very moving troops and equipment around. States. That tells you they need to do nervous and very offended. something. The SAFETEA core pro- Looking at our transportation system, We have the firewall protection of gram is in this base bill and will be the first thing he did when he became the highway trust fund to make sure President of United States was to set that these trust funds are not going to continued. If we get around to the up a National Highway Program and be vulnerable to raids in order to pay managers’ amendment, then we will get it started. We have been funding for other programs. I know there are a have something in there. Guaranteed our roads and our highways and our lot of people who feel they are not as minimum growth, you have to have improvements and our bridges and in- excited about the way the formula was some consideration in there because frastructure the same as we did during put together. I would like to say some- there are States that are growing very the Eisenhower administration. The thing about that. This is significant. rapidly. Some States are on the other bill sets up a national commission to There are two ways to do a highway side. go over some creative types of changes bill. I know one of the ways that was a We have donor States, donee States. in funding where we can do a better little more prevalent in the other body These are things that are considered. A job. was to come up with projects. You have lot of people realize we have many Right now, we are looking at the con- 435 Members who have projects of sig- States, including my State of Okla- sideration, shortly, of the managers’ nificance. Instead, we believe that deci- homa, that are donor States. In other amendment. If we do, it has been re- sions on the priority of expenditure of words, we don’t get back as much ported that even that amount, which is transportation dollars should be made money as we send to Washington to go higher than the amount that was re- at the local level. In other words, it is into the highway trust fund. In TEA– ported out of my committee, is going easy to come up here and pass some- 21, we put in a minimum figure of 90.5 to do nothing more than just maintain thing and go home and say: Look what percent. In the bill we had last year, it what we have today. It is not really I got for you; I am bringing this home. would bring all these donee States all going to provide anything new. So we What we prefer is to have an equi- the way up to 95. That was good, but it need to recognize that. table distribution of moneys that come took $318 billion over 6 years to do I have to say this, too. There are a into the highway trust fund to go back that. We were not able to get it out of lot of different philosophies that are to the States and then let the States conference. represented in this Chamber. I am one make these decisions. If there are By the way, as the Senator from Mis- of the most conservative Members. Yet States that don’t want to do this, that souri said, that bill passed the Senate there are some areas where conserv- is fine. But in the State of Oklahoma, by 76 to 21. That gives you an idea. If atives do spend more money, and one is I can assure you the closer to the peo- we get the bill up here, all we have to in infrastructure, which is what we are ple at home, the better the decisions. do is get by all these procedures, and supposed to be doing here. We do not The people in the eight transportation we will pass a bill. It will take into want to delay this national commis- districts in my State of Oklahoma are consideration all the things I men- sion we set up in this legislation. I be- far better informed on the needs and tioned. This is not just a political lieve it is time to make a change for priorities of where money should be table. In fact, politics didn’t enter into the better. spent on transportation than they are it. We don’t have projects in this Sen- With the bill, we have increased the here in Washington. There are a lot of ate bill. The House bill does. When we opportunity to address the chokepoints people who think that no decision is a go to conference, we are going to iron for intermodal transportation. This is good decision that is made in Wash- those things out, and we are going to kind of interesting. People do not real- ington. I don’t agree with that. come out with a good bill. But you ize this is not just a roads bill. This is We have a different way of doing it can’t do that until you get all the an intermodal bill that considers than the other body. We have a for- amendments in and get a vote.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4628 CONGRESSIONAL RECORD — SENATE May 9, 2005 I encourage Members to offer their ously want to do all we can to see that for the coming fiscal year to develop amendments and to discuss the high- they have proper equipment, vehicles, and produce new armored vehicles to way bill. I know there are some Mem- and everything else they need to pro- avoid these deadly threats. bers who were requesting time for that tect their lives as they carry out their The need is so clear that the request purpose. missions. It is scandalous that the ad- was submitted under the Marine Corps I yield the floor and suggest the ab- ministration has kept sending them Urgent Universal Needs Statement sence of a quorum. into battle in Iraq without proper which was created to streamline the The ACTING PRESIDENT pro tem- equipment. No soldier should be sent acquisition process and get equipment pore. The clerk will call the roll. into battle unprotected. No parent to the field faster. They have a plan to The bill clerk proceeded to call the should have to go in desperation to the meet the future need, but what about roll. local Wal-Mart to buy armor plates and the urgent need today? Mr. KENNEDY. Mr. President, I ask mail them to their sons and daughters We do not have the luxury of time to unanimous consent that the order for serving in Iraq. wait for these new vehicles to roll off a the quorum call be rescinded. Our military is performing bril- future assembly line. The need for ar- The ACTING PRESIDENT pro tem- liantly under enormously difficult cir- mored humvees is now. The hillbilly pore. Without objection, it is so or- cumstances, and we need to give them armor they scavenge for and add to dered. our support—not just from our words their unprotected humvees does not Mr. KENNEDY. Mr. President, I see but from our pockets, too. One aspect provide adequate protection. the floor manager of the highway bill. of this bill that I am particularly proud The Army says of the new require- Mr. INHOFE. Will the Senator yield of is the increased funding for humvees ment approved this month, none of it is for a question? for our troops on patrol in Iraq. The designated for the Marine Corps. The Mr. KENNEDY. I will. Bayh-Kennedy amendment adds addi- Pentagon refuses to make this a top Mr. INHOFE. It is my understanding tional funds to keep production at in- priority. They continue to drag their you want to speak as in morning busi- creased levels. Some opponents claim feet. ness. that the Army already had enough In a report to Congress this month, Mr. KENNEDY. Yes. armed humvees and objected to any the Government Accounting Office de- Mr. INHOFE. Can you hold it to, say, further increase. But a front-page arti- scribes month after month of mis- 25 minutes? cle in the New York Times, on April 25, management by the Pentagon in sup- Mr. KENNEDY. Yes. told us the troop side of the real need plying the armored humvees our troops Mr. INHOFE. I further ask unani- for more armor and the difference it urgently need to carry out their mis- mous consent that the time you take can make. sions and stay alive. be the time, following you, given to Company E, a Marine Corps unit The GAO report found the Army still Senator SPECTER, who is wanting to based at Camp Pendleton, returned had no long-term plan to increase the have about that amount of time. from 6 months in Ramadi last year, number of armored humvees. The war The ACTING PRESIDENT pro tem- and its members were so frustrated in Iraq has been going on for 2 full pore. Without objection, it is so or- with this problem that they decided to years. Our troops are under fire every dered. tell their story. They did not have day, and the Pentagon still does not Mr. INHOFE. It is my understanding enough armored vehicles. Thirteen of have a plan to protect them. then that the Senator from Massachu- the twenty-one marines from Company I have in my hand an April 2005 GAO setts will go for 25 minutes. Then the E who were killed in Iraq had been report, ‘‘Defense Logistics Agency, Ac- Senator from Pennsylvania will go for riding in humvees that failed to pro- tions Needed to Improve Availability 25 minutes. tect them from bullets or bombs. They of Critical Items during Current and The ACTING PRESIDENT pro tem- saw problems up close. Future Operations.’’ On page 123, it pore. That was the Chair’s under- A year ago, eight of them were killed states that there two primary causes standing. when their humvees were ambushed on for the shortages of uparmored vehicles The Senator from Massachusetts. the way to aid another unit under fire. and add-on armor kits. First, a deci- Mr. KENNEDY. Mr. President, I The cargo section of the humvee where sion was made to pace production rath- thank the floor manager. This is very the troops were riding did not even er than use the maximum available ca- important legislation, enormously im- have hillbilly armor to protect them pacity. portant to my State as other States. from the blast. They were totally un- This is the General Accounting Office We need the kinds of investments in protected. As one marine described the in their report of April of this year. our roads and bridges to ensure their attack: All I saw was sandbags, blood, Second, the funding allocations did safety and security and that they will and dead bodies. There was no protec- not keep up with rapidly increasing re- continue to be the vital avenues for an tion in the back. quirements. expanding and growing economy. I look Captain Kelly Royer, Company E’s That is the General Accounting Of- forward to working with the com- unit commander, asked his superiors fice about whether we need to have mittee. when he would be getting more ar- more uparmored humvees and whether IRAQ SUPPLEMENTAL mored humvees. He was told that addi- we have to give it a higher priority and I appreciate having the opportunity tional armor had not been requested whether there is a need in Iraq today. to address the Senate on what I antici- and that there were production con- Our troops are under fire every day, pate will be the matter that will be be- straints. and the Pentagon still does not have a fore the Senate later this evening and Another marine says they com- plan to protect them. through tomorrow, and that is the Iraq plained about the shortages every day In a briefing prepared by marines for supplemental conference report. As I to anybody we could. They told us they Congress, they specifically state, in mentioned, I expect that it will be laid were listening, but we did not see it. their vehicle hardening strategy, that down in the next few hours, and I ex- These marines on the front line knew ‘‘funding assistance is required to pect there will be a final resolution of the armor meant the difference be- achieve optimum levels of armor pro- this sometime tomorrow. tween life and death, the difference be- tection.’’ I welcome the opportunity to address tween an essential mission and a sui- The GAO report clearly points out some of the important provisions that cide mission. They were desperate to that the Pentagon’s bureaucratic men- are included in the conference report get more armor. Day after day they tality infected its decisions. They tried and bring them to the attention of our saw the brutal consequences of the to solve the problem in a slow and colleagues and to the American people. Pentagon’s incompetence and delay. gradual manner instead of solving it I intend to support the Iraq spending The lessons learned from the war in quickly. As the GAO report states, bill. Although I disagree strongly with Iraq are said to help us in future con- there were two primary causes for the some of the bill’s provisions, these flicts, but for all forces facing death shortages: ‘‘First, a decision was made funds are clearly needed for our troops. every day, the future was yesterday. In to pace production.’’ Translated into All of us support our troops. We obvi- fact, the Marines are requesting funds layman’s language, that means there

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4629 was not a sense of urgency by the Pen- an open-ended commitment. After all takes and not a day longer is not tagon. That is what ‘‘pace production’’ the blunders that took us into war, we enough for our soldiers and their loved means. And then ‘‘rather than use the need to be certain that the President ones. They deserve a clearer indication maximum available capacity’’ means has a strategy for success. of what lies ahead, and so do the Amer- they didn’t get off their tail and in- The $5.7 billion in this bill for train- ican people. I am encouraged that the crease production. And ‘‘Second, funding Iraqi security forces is a key ele- administration is finally being re- ing allocations did not keep up with ment of a successful strategy to sta- quired by this bill to tell Congress how rapidly increasing requirements.’’ bilize Iraq and withdraw American many U.S. troops will be necessary in I am going to come to the statements forces. The report will provide the Iraq through the end of 2006. The Amer- by the responsible DOD officials before straight answer that we have not had ican people, and especially our men the Armed Services Committee on before about how many Iraqi security and women in uniform, and their fami- which I serve. forces are adequately trained and lies, deserve to know how much real It is equally obvious that in addition equipped. progress is being made in training Iraqi to the bureaucratic mentality of the We are obviously making progress, troops and how long our forces will be Pentagon, their cakewalk mentality is but it is far from clear how much. The in Iraq. Hopefully, the administration also a major part of the problem. Week American people deserve an honest as- will submit these reports in good faith after week, month after month they sessment that provides the basic facts, and not attempt to classify this vital refuse to believe that the insurgency but that is not what we have been information. will continue. They want to believe it given so far. Those are two of the major provi- will soon be over. They do not feel they According to a GAO report in March, sions that I think require support for need to waste dollars on armored U.S. Government agencies do not re- this legislation. There was an addi- humvees that soon will not be needed port reliable data on the extent to tional provision that I support that I in Iraq. So month after month, our which Iraqi security forces are trained will mention briefly, and then I will troops keep paying with their lives. and equipped. There it is, March: The conclude in mentioning a provision The light the Pentagon sees at the end General Accounting Office says U.S. which I find very unacceptable, trou- of the tunnel turns out to be the blind- Government agencies do not report re- blesome, and unworkable. ing flash of another roadside bomb ex- liable data on the extent to which the The provision that was added by Sen- ploding under another unprotected Iraqi security forces are trained and ator MIKULSKI, the H–2B visas for sea- humvee in Iraq. equipped. sonal workers, which I had the oppor- The American people do not know They cannot even get their story tunity to join with her, remains in this the answer. When they do not know, it right. Armor Holdings, the company legislation, and it will make a great means pretty clearly that they are not that makes the armored humvee, told deal of difference. It will be a lifeline getting the kind of training and pri- my office recently that its current con- for small family businesses in my State ority they should, and the longer it tract with the Army will actually on Cape Cod and many other firms that takes to train them the longer Amer- mean sharp cutbacks in production. rely overwhelmingly on seasonal work- ican servicemen are going to be over Right now, they produce 550 armored ers to meet their heavy summer needs. there risking their lives. humvees a month. Their contract re- The report goes on to say that the Many use the programs year after year duces that number to 239 in June, zero Departments of State and Defense no because it is the only way to legally in July and then back to 40 in August longer report on the extent to which fill temporary and seasonal positions and 71 in September. The company is Iraqi security forces are equipped with when no American workers are avail- now negotiating for slightly higher lev- their required weapons, vehicles, com- able. Without this amendment, they els of production in June, July, and munications, equipment, and body would be out of luck this summer, and August, but it still expects to decrease armor. Imagine that. According to the many will be out of business. production to 71 by September. General Accounting Office, the Depart- This is a short-term solution to the What possible justification can there ments of State and Defense no longer current visa crisis. The bill is a 2-year be for the Pentagon to slow down cur- report on the extent to which the Iraqi fix, and without it many businesses rent production so drastically in the security forces are equipped with their will be forced to shut their doors. I ap- months ahead when armored humvees required weapons, vehicles, commu- preciate the support of our colleagues are so urgently needed? The Pentagon nications, equipment, and body armor. on this issue. It will help many hard- keeps saying: We will work it out. On It is clear from the administration’s working small businesses and indus- nine different occasions, we have asked own statements that they are using the tries across the country. the Pentagon for their requirements notorious fuzzy math tactic to avoid an Unfortunately, not all the immigra- for humvees, and nine times they have honest appraisal. tion provisions included in the bill been wrong. Nine times they have On February 4, 2004, Secretary Rums- have this kind of broad support. In- made their presentation before the feld said: cluded in the conference agreement are Armed Services Committee, and nine We have accelerated the training of Iraqi the so-called REAL ID immigration times they have been wrong in under- security forces, now more than 200,000 provisions that are highly controver- estimating the importance of needs, strong. sial, harmful, and unnecessary. The In- and American service men and women A year later, on January 19, 2005, Sec- telligence Reform Act we approved have been paying with their lives. retary of State Condoleezza Rice said: overwhelmingly last year provides real This bill tells the Department of De- We think the number right now is some- border security solutions. The so-called fense that we will not let them get it where over 120,000. REAL ID bill added by the House to wrong for a tenth time. For the sake of On February 3, 2005, in response to this spending bill contains controver- our troops, Congress acted and the questions from Senator LEVIN at a Sen- sial provisions we rejected last year Pentagon should not ignore it. The ate Armed Services Committee hear- and likely would have rejected again if contract should be amended imme- ing, GEN Richard Myers, Chairman of we had had a chance to debate them on diately to obtain the maximum pos- the Joint Chiefs of Staff, conceded that the Senate floor. They are a false solu- sible production of armored humvees only 40,000 Iraqi security forces are action on border security, and they serve for the months ahead. Our troops are tually capable. He said: no purpose except to push an anti-im- waiting for an answer, and their lives 48 deployable (battalions) around the coun- migrant agenda. More than ever we depend on it. try, equals about 40,000, which is a number need to take the time to get border se- Another important part of this bill that can go anywhere and do anything. curity reform right as opposed to push- will be the periodic report it requires Obviously, we need a better accounting through legislation to meet the de- on the progress our forces are making ing of how much progress is being made mands of anti-immigrant extremists. in Iraq. Our military is performing to train and equip effective Iraqi secu- The stakes are simply too great. brilliantly under enormously difficult rity forces. In addition to the numerous sub- circumstances, but they do not want, The President’s commitment to keep stantive problems with the REAL ID, and the American people do not want, American troops in Iraq as long as it the process through which they have

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4630 CONGRESSIONAL RECORD — SENATE May 9, 2005 been forced into this conference report plete the U.S.-Mexico border fence in database that would share information is flawed and unacceptable. The Repub- San Diego. But it goes much farther at a cost of $80 million over 3 years. lican leadership in the House and Sen- than that. It gives the Department of The driver’s license provisions do ate shut Democrats out of the con- Homeland security unprecedented and nothing to address the threat of terror- ference negotiations. Why? Because the unchecked authority to waive all legal ists or to address legitimate security House bill has controversial provisions requirements necessary to build such concerns. It would not have prevented that have questionable support in the fences, not only in San Diego, but any- a single 9/11 hijacker from obtaining a Senate and with the American people. where else along our 2,000 mile border driver’s license, or a single terrorist Strongarm tactics are offensive and do with Mexico and our 4,000 mile border from boarding a plane. All 13 hijackers a great deal of disservice to the impor- with Canada. Building such fences will could have obtained licenses or IDs tant issues of our time. The White cost hundreds of millions of dollars, under this proposal, and foreign terror- House too, once rejected these provi- and they still will not stop illegal im- ists can always use their passports to sions, yet, they now support them. migration. What we need are safe and travel. What important issues will the White legal avenues for immigrants to come The result of these restrictive driv- House flip-flop on next? here and work, not more walls. er’s license provisions will be raised in- Those who pushed through these A major additional problem in the surance rates, higher numbers of fatali- REAL ID provisions continue to say REAL ID provisions is that it could re- ties on America’s roadways, and an in- that loopholes exist in our immigra- sult in the deportation even of long- creased black market for false and tion and asylum laws that are being ex- time legal permanent residents, for fraudulent documents. The REAL ID ploited by terrorists. They claim these lawful speech or associations that oc- actually undercuts the original purpose provisions will close them. In fact, curred 20 years ago or more. It raises of traffic safety. It is better to have li- they do nothing to improve national the burden of proof to nearly impos- censed, insured, and trained drivers on security and leave other big issues un- sible levels in numerous cases. our roads. resolved. A person who made a donation to a Preventing immigrants from obtain- They want us to believe that its humanitarian organization involved in ing driver’s licenses undermines na- changes will keep terrorists from being tsunami relief could be deported if the tional security by pushing people into granted asylum. But current immigra- organization or any of its affiliates was the shadows and fueling the black mar- tion laws already bar persons engaged ever involved in violence. The burden ket for fraudulent identification docu- in terrorist activity from asylum. Be- would be on the donor to prove by clear ments. The REAL ID provisions do nothing fore they receive asylum, all applicants and convincing evidence that he knew to combat the threat of terrorists or to must also undergo extensive security nothing about any of these activities. deal with legitimate security concerns. checks, covering all terrorist and The spouse and children of a legal per- They have taken away precious time criminal databases at the Department manent resident could also be deported that could have been used to address of Homeland Security, the FBI, and the too based on such an accusation, be- genuine pressing issues. CIA. cause of their relationship to the Hundreds of organizations across the Asylum seekers will find no refuge. donor. political spectrum continue to oppose The provision could be applied retro- Battered women and victims of stalk- this legislation. A broad coalition of actively, so that a permanent resident ing will be forced to divulge their ad- religious, immigrant, human rights, dresses in order to get driver’s licenses, who had once supported the lawful, civil liberties and state groups have ex- potentially endangering their lives. nonviolent work of the African Na- pressed their own strong opposition. Many Americans will have other prob- tional Congress in South Africa, Sinn In these difficult times for our coun- lems with their driver’s license. All Fein in Northern Ireland, the Northern try, we know that the threat of ter- legal requirements, including labor Alliance in Afghanistan, or the Contras rorism has not ended, and we must do laws, can now be waived to build a in Nicaragua would be deportable. It all we can to enact genuine measures wall. For the first time since the Civil would be no defense to show that the to stop terrorists before they act, and War, habeas corpus will be prohibited. only support was for lawful nonviolent to see that law enforcement officials The REAL ID provisions contain other activity. It would be no defense to have the full support they need. The broad and sweeping changes to laws show that the United States itself sup- provisions of the REAL ID bill in the that go to the core of our national ported some of these groups. conference report today will not im- identity. The driver’s license provisions do not prove these efforts. They will not make Each year, countless refugees are make us safer either. Let me explain us safer or prevent terrorism. They are forced to leave their countries, fleeing what these provisions really do. They an invitation to gross abuses, and a persecution. America has always been repeal a section of the Intelligence Re- false solution to national and border a haven for those desperate for such form Act which sets up a process for security. protection. At the very beginning of States and the Federal Government to The REAL ID bill with its controver- our history, the refugee Pilgrims seek- work together to establish Federal sial provisions should have been con- ing religious freedom landed on Plym- standards for driver’s licenses and iden- sidered by the Senate through debate outh Rock. Ever since, we have wel- tification cards. Progress is already and discussion, not attached to a crit- comed refugees, and it has made us a being made to implement these impor- ical piece of legislation needed by our better Nation. Refugees represent the tant measures, but this bill replaces troops. best of American values. They have them with highly problematic and bur- I urge the Senate to get serious stood alone, at great personal cost, densome requirements. The National about immigration reform that will against hostile governments for funda- Conference of State Legislatures says make genuine improvements where mental principles like freedom of that these provisions are ‘‘unworkable, they are needed, and not in the piece- speech and religion. We have a respon- unproven, costly mandates that compel meal fashion that is contained in this sibility to examine our asylum policies States to enforce Federal immigration report. carefully, to see that they are fair and policy rather than advance the para- This bill also provides nearly $12 mil- just. mount objective of making State- lion to remedy a crisis in off-site judi- But, the REAL ID bill tramples this issued identity documents more secure cial security for our Federal judges. noble tradition and will be devastating and verifiable.’’ With this bill, we have taken a small, for legitimate asylum-seekers fleeing Indeed, it is a costly unfunded man- but necessary step toward increasing persecution. It will make it more dif- date on the States. The CBO estimate security for the distinguished men and ficult for victims fleeing serious on the implementation of the driver’s women of our country who have been human rights abuses to obtain asylum license provisions is $20 million over a appointed to the courts. In the wake of and safety, and could easily lead to 5-year period to reimburse States for the recent murders of the husband and their return to their persecutors. complying with the legislation. But, mother of Federal Judge Joan Lefkow Another section of conference report that is not all; the provisions require at her home in Chicago, and the court- contains a provision that would com- States to participate in an interstate room killings in Atlanta, it is clear we

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4631 must do more to enhance judicial secu- [From the New York Times, Apr. 25, 2005] Centerville, Tex., said of the shortages. ‘‘We rity. This is a matter of the highest ur- BLOODIED MARINES SOUND OFF ABOUT WANT complained about it every day, to anybody gency. OF ARMOR AND MEN we could. They told us they were listening, (By Michael Moss) but we didn’t see it.’’ The company leaders The tragic deaths of Judge Lefkow’s say it is impossible to know how many lives family demonstrate that judges may be On May 29, 2004, a station wagon that Iraqi insurgents had packed with C–4 explosives may have been saved through better protec- safe inside the walls of our wellguarded blew up on a highway in Ramadi, killing four tion, since the insurgents became adept at courthouses, but they are vulnerable to American marines who died for lack of a few overcoming improved defenses with more disgruntled litigants in other places, inches of steel. powerful weapons. Likewise, Pentagon offi- even in their own homes. In, fact, secu- The four were returning to camp in an cials say they do not know how many of the rity in the homes of judges has long unarmored Humvee that their unit had more than 1,500 American troops who have rigged with scrap metal, but the makeshift died in the war had insufficient protective been a concern for the Judicial Con- gear. But while most of Company E’s work in ference, the principal decision-making shields rose only as high as their shoulders, photographs of the Humvee show, and the fighting insurgents was on foot, the biggest group for the Federal courts. Sadly, shrapnel from the bomb shot over the top. danger the men faced came in traveling to three judges had previously been killed ‘‘The steel was not high enough,’’ said Staff and from camp: 13 of the 21 men who were in their homes: Judge John Wood of Sgt. Jose S. Valerio, their motor transport killed had been riding in Humvees that failed Texas, in 1979; Judge Richard Daronco chief, who along with the unit’s commanding to deflect bullets or bombs. Toward the end of New York, in 1988; and Judge Robert officers said the men would have lived had of their tour when half of their fleet had be- Vance, of Alabama, in 1989. their vehicle been properly armored. ‘‘Most come factory-armored, the armor’s worth be- of the shrapnel wounds were to their heads.’’ came starkly clear. A car bomb that the The vast majority of threats are re- Among those killed were Rafael Reynosa, a unit’s commander, Capt. Kelly D. Royer, said ceived from people who are angry with 28-year-old lance corporal from Santa Ana, was at least as powerful as the one on May the outcome of a case in court. In the Calif., whose wife was expecting twins, and 29 showered a fully armored Humvee with 10 years since the first world trade cen- Cody S. Calavan, a 19-year-old private first shrapnel, photographs show. The marines inter bombing, the Federal judiciary has class from Lake Stevens, Wash., who had the side were left nearly unscathed. handled an increasing number of ‘‘high Marine Corps motto, Semper Fidelis, Captain Royer, from Orangevale, Calif., tattooed across his back. would not accompany his troops home. He threat’’ matters. They were not the only losses for Company was removed from his post six days before Judge Lefkow was the victim of an E during its six-month stint last year in they began leaving Ramadi, accused by his act of domestic terrorism stemming Ramadi. In all, more than one-third of the superiors of being dictatorial, records show. from what should have been a routine unit’s 185 troops were killed or wounded, the His defenders counter that his commanding civil matter. Matthew Hale, the leader highest casualty rate of any company in the style was a necessary response to the ex- war, Marine Corps officials say. of a White Supremacist group known treme circumstances of his unit’s deploy- In returning home, the leaders and Marine ment. as the World Church of the Creator, infantrymen have chosen to break an insti- Company E’s experiences still resonate was convicted in April 2004 of soliciting tutional code of silence and tell their story, today both in Iraq, where two more marines an undercover FBI informant to mur- one they say was punctuated not only by a were killed last week in Ramadi by the con- der Judge Lefkow in retaliation for her lack of armor, but also by a shortage of men tinuing insurgency, and in Washington, ruling against him in a trademark dis- and planning that further hampered their ef- where Congress is still struggling to solve pute. This example highlights the envi- forts in battle, destroyed morale and ruined the Humvee problem. Just on Thursday, the the careers of some of their fiercest warriors. Senate voted to spend an extra $213 million ronment in which our Federal judges The saga of Company E, part of a lionized toil every day. to buy more fully armored Humvees. The battalion nicknamed the Magnificent Bas- Army’s procurement system, which also sup- The Marshals Service, underfunded tards, is also one of fortitude and ingenuity. plies the Marines, has come under fierce crit- and understaffed as it is, struggles to The marines, based at Camp Pendleton in icism for underperforming in the war, and to southern California, had been asked to rid this day it has only one small contractor in keep up with security needs in the new the provincial capital of one of the most per- high-risk age, but there is no reason Ohio armoring new Humvees. sistent insurgencies, and in enduring 26 fire- Marine Corps officials disclosed last month why our judges should continue to re- fights, 90 mortar attacks and more than 90 main so vulnerable 16 years after Judge in Congressional hearings that they were homemade bombs, they shipped their dead now going their own way and had under- Vance was killed in his home. We need home and powered on. Their tour has become taken a crash program to equip all of their to stand up for an independent judici- legendary among other Marine units now more than 2,800 Humvees in Iraq with strong- ary. We can do so by providing the serving in Iraq and facing some of the same er armor. The effort went into production in funds to make their homes safe. problems. November and is to be completed at the end ‘‘As marines, we are always taught that we of this year. There were provisions in this legisla- do more with less,’’ said Sgt. James S. King, Defense Department officials acknowl- tion to do that. It says something a platoon sergeant who lost his left leg when edged that Company E lacked enough equip- he was blown out of the Humvee that Satur- about the nature of our dialog here ment and men, but said that those were day afternoon last May. ‘‘And get the job when we have to provide the kind of ex- problems experienced by many troops when done no matter what it takes.’’ The experi- traordinary additional security to the insurgency intensified last year, and ences of Company E’s marines, pieced to- judges because of the nature of the po- that vigorous efforts had been made to im- gether through interviews at Camp Pen- prove their circumstances. litical dialog. Words have con- dleton and by phone, company records and Lt. Gen. James N. Mattis of Richland, sequences. Words have results. Words dozens of photographs taken by the marines, Wash., who commanded the First Marine Di- have meanings. The idea that individ- show they often did just that. The unit had vision to which Company E belongs, said he uals in responsible positions continue less than half the troops who are now doing had taken every possible step to support its job in Ramadi, and resorted to making to threaten members of the judiciary Company E. He added that they had received dummy marines from cardboard cutouts and too often can result in serious con- more factory-armored Humvees than any camouflage shirts to place in observation sequences to those judicial members. other unit in Iraq. posts on the highway when it ran out of men. We have attempted to provide some ad- ‘‘We could not encase men in sufficiently During one of its deadliest firefights, it came strong armor to deny any enemy success,’’ ditional security to protect those indi- up short on both vehicles and troops. Ma- General Mattis said. ‘‘The tragic loss of our viduals. The best protection would be rines who were stranded at their camp tried men does not necessarily indicate failure—it for more restraint on the part of those in vain to hot-wire a dump truck to help res- is war.’’ who talk about an independent judici- cue their falling brothers. That day, 10 men ary. in the unit died. Sergeant Valerio and others TROUBLE FROM THE START Company E’s troubles began at Camp Pen- Mr. President, I ask unanimous con- had to scrounge for metal scraps to strengthen the Humvees they inherited from the Na- dleton when, just seven days before the unit sent that an article dated April 25, 2005, tional Guard, which occupied Ramadi before left for Iraq, it lost its first commander. The from the New York Times be printed in the marines arrived. Among other problems, captain who led them through training was the RECORD. the armor the marines slapped together in- relieved for reasons his supervisor declined There being no objection, it was so cluded heavier doors that could not be to discuss. ‘‘That was like losing your quar- ordered. latched, so they ‘‘chicken winged it’’ by terback on game day,’’ said First Sgt. Curtis holding them shut with their arms as they E. Winfree. There being no objection, the mate- traveled. In Kuwait, where the unit stopped over, an rial was ordered to be printed in the ‘‘We were sitting out in the open, an easy 18-year-old private committed suicide in a RECORD, as follows: target for everybody,’’ Cpl. Toby G. Winn of chapel. Then en route to Ramadi, they lost

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4632 CONGRESSIONAL RECORD — SENATE May 9, 2005 the few armored plates they had earmarked said troops in the area now have hundreds of Kennedy declined to discuss the matter. His for their vehicles when the steel was bor- the electronic devices to foil the I.E.D.’s. first fitness report, issued on May 31, 2004, rowed by another unit that failed to return In parceling out Ramadi, the Marine Corps after the company’s deadliest firefights, con- it. Company E tracked the steel down and leadership gave Company E more than 10 cluded, ‘‘He has single-handedly reshaped a took it back. square miles to control, far more than the company in sore need of a leader; succeeded Even at that, the armor was mostly just battalion’s other companies. Captain Royer in forming a cohesive fighting force that is scrap and thin, and they needed more for the said he had informally asked for an extra battle-tested and worthy.’’ The second, on unarmored Humvees they inherited from the platoon, or 44 marines, and had been told the Sept. 1, 2004, gave him opposite marks for Florida National Guard. battalion was seeking an extra company. leadership. ‘‘He has been described on numer- ‘‘It was pitiful,’’ said Capt. Chae J. Han, a The battalion’s operations officer, Maj. John ous occasions as ‘dictatorial,’ ’’ it said. member of a Pentagon team that surveyed D. Harrill, said the battalion had received ‘‘There is no morale or motivation in his ma- the Marine camps in Iraq last year to docu- sporadic assistance from the Army and had rines.’’ His defenders say he drove his troops ment their condition. ‘‘Everything was just given Company E extra help. General Mattis as hard as he drove himself, but was wrongly slapped on armor, just homemade, not armor says he could not pull marines from another blamed for problems like armor. ‘‘Captain that was given to us through the normal part of Iraq because ‘‘there were tough fights Royer was a decent man that was used for a logistical system.’’ going on everywhere.’’ dirty job and thrown away by his chain of The report they produced was classified, Colonel Kennedy said Company E’s area command,’’ Sergeant Sheldon said. but Captain Royer, who took over command was less dense, but the pressure it put on the Today, Captain Royer is at Camp Pen- of the unit, and other Company E marines marines came to a boil on April 6, 2004, when dleton contesting his fitness report, which say they had to build barriers at the camp— the company had to empty its camp—leaving could force him to retire. Company E is a former junkyard—to block suicide drivers, the cooks to guard the gates—to deal with awaiting deployment to Okinawa, Japan. improve the fencing and move the toilets three firefights. Some members have moved to other units, or under a thick roof to avoid the insurgent Ten of its troops were killed that day, in- are leaving the Marines altogether. ‘‘I’m shelling. Even some maps they were given to cluding eight who died when the Humvee checking out,’’ Corporal Winn said. ‘‘When I plan raids were several years old, showing they were riding in was ambushed en route started, I wanted to make it my career. I’ve farmland where in fact there were homes, to assist other marines under fire. That had enough.’’ said a company intelligence expert, Cpl. Humvee lacked even the improvised steel on Mr. KENNEDY. Mr. President, I yield Charles V. Lauersdorf, who later went to the back where most of the marines sat, work for the Defense Intelligence Agency. Company E leaders say. the remainder of my time. There, he discovered up-to-date imagery that ‘‘All I saw was sandbags, blood and dead Mr. INHOFE. Mr. President, I suggest had not found its way to the front lines. bodies,’’ Sergeant Valerio said. ‘‘There was the absence of a quorum. Ramadi had been quiet under the National no protection in the back.’’ Captain Royer The ACTING PRESIDENT pro tem- Guard, but the Marines had orders to root said more armor would not have even helped. pore. The clerk will call the roll. out an insurgency that was using the provin- The insurgents had a .50-caliber machine gun The bill clerk proceeded to call the cial capital as a way station to Falluja and that punched huge holes through its wind- roll. Baghdad, said Lt. Col. Paul J. Kennedy, who shield. Only a heavier combat vehicle could Mr. SPECTER. Mr. President, I ask oversaw Company E as the commander of its have withstood the barrage, he said, but the Second Battalion, Fourth Marine Regiment. unit had none. Defense Department officials unanimous consent the order for the Before the company’s first month was up, have said they favored Humvees over tanks quorum call be rescinded. Lance Cpl. William J. Wiscowiche of in Iraq because they were less imposing to The ACTING PRESIDENT pro tem- Victorville, Calif., lay dead on the main civilians. The Humvee that trailed behind pore. Without objection, it is so or- highway as its first casualty. The Marine that day, which did have improvised armor, dered. Corps issued a statement saying only that he was hit with less powerful munitions, and The Senator from Pennsylvania is had died in action. But for Company E, it the marines riding in it survived by recognized. was the first reality check on the con- hunkering down. ‘‘The rounds were pinging,’’ Mr. SPECTER. Mr. President, I ask straints that would mark their tour. Sergeant Sheldon said. ‘‘Then in a lull they unanimous consent that I may proceed SWEEPING FOR BOMBS returned fire and got out.’’ Captain Royer said that he photographed as in morning business for as much A British officer had taught them to sweep the Humvees in which his men died to show time as I may consume. the roads for bombs by boxing off sections to any official who asked about the condi- and fanning out troops into adjoining neigh- Mr. INHOFE. Reserving the right to tion of their armor, but that no one ever did. borhoods in hopes of scaring away insurgents object. Sergeant Valerio redoubled his effort to for- poised to set off the bombs. ‘‘We didn’t have The ACTING PRESIDENT pro tem- tify the Humvees by begging other branches the time to do that,’’ said Sgt. Charles R. pore. The Senator from Oklahoma. of the military for scraps. ‘‘How am I going Sheldon of Solana Beach, Calif. ‘‘We had to Mr. INHOFE. Mr. President, a few to leave those kids out there in those clear this long section of highway, and it Humvees,’’ he recalled asking himself. minutes ago we had an agreement that usually took us all day.’’ Now and then a The company of 185 marines had only two we would allow the Senator from Mas- Humvee would speed through equipped with Humvees and three trucks when it arrived, sachusetts to speak up to 25 minutes as an electronic device intended to block deto- so just getting them into his shop was a nation of makeshift bombs. The battalion, in morning business and that the Sen- logistical chore, Sergeant Valerio said. He which had five companies in its fold, had ator would follow him with the same also worried that the steel could come loose only a handful of the devices, Colonel Ken- amount of time. That is what we would in a blast and become deadly shrapnel. For nedy said. Company E had none, even though intend to do. We thought that would be the gunners who rode atop, Sergeant Valerio sweeping roads for bombs was one of its main satisfactory to the Senator from Penn- stitched together bulletproof shoulder pads duties. So many of the marines, like Cor- into chaps to protect their legs. sylvania. poral Wiscowiche, had to rely on their eyes. ‘‘That guy was amazing,’’ First Sgt. Ber- Mr. SPECTER. Mr. President, may I On duty on March 30, 2004, the 20-year-old nard Coleman said. ‘‘He was under a vehicle proceed then? lance corporal did not spot the telltale three- when a mortar landed, and he caught some inch wires sticking out of the dust until he The ACTING PRESIDENT pro tem- in the leg. When the mortar fire stopped, he was a few feet away, the company’s leaders pore. Is there objection? went right back to work.’’ say. He died when the bomb was set off. Mr. INHOFE. I object, yes. ‘‘We had just left the base,’’ Corporal Winn A CAPTAIN’S FATE The ACTING PRESIDENT pro tem- said. ‘‘He was walking in the middle of the Lt. Sean J. Schickel remembers Captain pore. Objection is heard. The Senator is road, and all I remember is hearing a big ex- Royer asking a high-ranking Marine Corps recognized under the previous order to plosion and seeing a big cloud of smoke.’’ visitor whether the company would be get- speak for 25 minutes. The endless task of walking the highways ting more factory-armored Humvees. The of- Mr. INHOFE. That is correct. for newly hidden I.E.D.’s, or improvised ex- ficial said they had not been requested and plosive devices, ‘‘was nerve wracking,’’ Cor- that there were production constraints, The ACTING PRESIDENT pro tem- poral Winn said, and the company began Lieutenant Schickel said. pore. As in morning business. using binoculars and the scopes on their ri- Recalls Captain Royer: ‘‘I’m thinking we JUDICIAL NOMINATIONS fles to spot the bombs after Corporal have our most precious resource engaged in Mr. SPECTER. Mr. President, I have Wiscowiche was killed. combat, and certainly the wealth of our na- sought recognition to urge my col- ‘‘Halfway through the deployment marines tion can provide young, selfless men with leagues to explore ways to avoid a Sen- began getting good at spotting little things,’’ what they need to accomplish their mission. Sergeant Sheldon added. ‘‘We had marines That’s an erudite way of putting it. I have a ate vote on the nuclear, or constitu- riding down the road at 60 miles an hour, and much more guttural response that I won’t tional, option. It is anticipated that we they would spot a copper filament sticking give you.’’ Captain Royer was later relieved may vote this week or this month to out of a block of cement.’’ General Mattis of command. General Mattis and Colonel reduce from 60 to 51 the number of

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4633 votes to invoke cloture or cut off de- Democrats are threatening to retaliate Neilson—but their confirmations are bate on judicial nominations. If the by stopping the Senate agenda on all being held up because of objections to a Senate roll is called on that vote, it matters except national security and fourth nominee. I urge my Democratic will be one of the most important in homeland defense. Each ascribes to the colleagues to confirm the three the history of this institution. other the responsibility for blowing the uncontested Michigan Sixth Circuit The fact is that all or almost all Sen- place up. This gridlock occurs at a nominees and fight out the remaining ators want to avoid the crisis. I have time when we expect a U.S. Supreme fourth vacancy and Michigan District repeatedly heard colleagues on both Court vacancy within the next few Court vacancies on another day. The sides of the aisle say it is a matter of months. If the filibuster would leave an Michigan Senators do make a valid saving face. But as yet we have not eight-person Court, we could expect point on the need for consultation on found the formula to do so. many 4-to-4 votes, since the Court now the other Michigan vacancies, and that I suggest the way to work through often decides cases with a 5-to-4 vote. A can be accommodated. the current impasse is to proceed to Supreme Court tie vote would render In the exchange of offers and bring to the floor circuit nominees, one the Court dysfunctional, leaving in ef- counteroffers between Senator FRIST, by one, for up-or-down votes. There are fect circuit court decisions with many the majority leader, and Senator at least five and perhaps as many as splits among the circuits. So the rule HARRY REID, the Democratic leader, seven pending circuit nominees who of law would be suspended on many Democrats have made an offer to avoid could be confirmed or at least voted up major issues. a vote on the nuclear or constitutional or down. If the straitjacket of party In moving in the Judiciary Com- option by confirming one of the four loyalty were removed by the Demo- mittee to select nominees for floor ac- filibustered judges—Priscilla Owen, crats, even more might be confirmed. tion, in my capacity as Chairman I Janice Rogers Brown, William Pryor, As a starting point, it is important to have first selected William Myers be- or William Myers—with a choice to be acknowledge that both sides, Demo- cause two Democrats had voted in the selected by Republicans. An offer to crats and Republicans, have been at 108th Congress not to filibuster him, confirm any one of those four nominees fault. Both sides claim they are vic- and one candidate for the Senate in is in reality an explicit concession that tims and that their party’s nominees 2004, since elected, made a campaign each is qualified for the court, and they have been treated worse than the oth- statement that he would vote to end are being held hostage as pawns in a er’s. Both sides cite endless statistics. I the Myers filibuster and to confirm convoluted chess game which has spi- have heard so many numbers spun in so him. Adding those three votes to 55 Re- raled out of control. many different ways that even my head publicans, we were within striking dis- If the Democrats believe each is qualified, a deal for confirmation for is spinning. I think even Benjamin Dis- tance to reach 60 or more. raeli, the man who coined the phrase, I carefully examined Myers’ record. any one of them is repugnant to the ‘‘there are lies, damned lies, and statis- Noting that he had opposition from basic democratic principle of indi- tics,’’ would be amazed at the cre- some groups such as the Friends of the vidual fair and equitable treatment and ativity employed by both sides in con- Earth and the Sierra Club, it was none- further violates Senators’ oath on the triving the numbers in this debate. theless my conclusion that his environ- constitutional confirmation process. The history of Senate practices has mental record was satisfactory, or at Such dealmaking would further confirm public cynicism about what goes demonstrated that in the last 2 years least not a disqualifier, as detailed in on in Washington behind closed doors. of President Reagan’s administration my statement at the Judiciary Com- and through 4 years of the administra- Instead, let the Senators consider mittee executive session on March 17 of each of the four without the con- tion of President George Herbert Walk- this year. To be sure, critics could pick er Bush, the Democrats slowed down straints of party line voting. Let us re- at the Myers record as they could at vert to the tried and tested method of the nomination process. When we Re- any Senator’s record, but overall publicans won the 1994 elections and evaluating each nominee individually. Myers was, in my opinion, worthy of By memorandum dated April 7, I cir- gained the Senate majority, we exacer- confirmation. culated an analysis of Texas Supreme bated the pattern of delay and blocking I then set out to solicit others’ views Court Justice Priscilla Owen’s records nominees. Over the course of President on Myers, including ranchers, loggers, demonstrating she was not hostile to Clinton’s presidency, the average num- miners, and farmers. In those quarters Roe v. Wade and that her decisions ber of days for the Senate to confirm I found a significant enthusiasm for were based on solid judicial precedence. judicial nominees increased for district Myers’ confirmation, so I urged those No one has challenged that legal anal- nominees as well as for circuit nomi- groups to have their members contact ysis. nees. That was followed by the fili- Senators who might be swing votes. I Similarly, I distributed a memo- buster of many qualified judicial nomi- then followed up with personal talks to randum containing an analysis of nees by the Democrats following the many of those Senators and found sev- Judge William Pryor’s record since he 2002 elections. In an unprecedented eral prospects to vote for cloture. Then has been sitting on the Eleventh Cir- move, President Bush responded by the screws of party loyalty were ap- cuit. It shows a pattern by Judge Pryor making, for the first time in the Na- plied and tightened and the prospects of concern to protect the rights of tion’s history, two recess appointments for obtaining the additional few votes those often overlooked in the legal sys- of nominees who had been successfully to secure cloture vanished. tem. Similarly, no one has refuted that filibustered by the Democrats. That I am confident if the party pressure analysis. impasse was then broken when Presi- had not been applied, the Myers fili- California Supreme Court Justice dent Bush agreed to refrain from fur- buster would have ended and he would Janice Rogers Brown has been pilloried ther recess appointments. have been confirmed. That result could for her speeches. If political or judicial Against this background of bitter still be obtained if the straitjacket of officials were rejected for provocative and angry recriminations, with each party loyalty were removed on the or extreme ideas and speeches, none of party serially trumping the other to Myers nomination. us would hold public office. The fact is, get even, or to dominate, the Senate Informally, but authoritatively, I the harm to the Republic, at worst, by now faces dual threats—one called the have been told the Democrats will not confirmation of all pending circuit filibuster and the other the constitu- filibuster Thomas Griffith or Judge court nominees, is infinitesimal com- tional or nuclear option, which rivals Terrence Boyle. Griffith is on the cal- pared to the harm to the Senate, the United States-Union of Soviet So- endar now awaiting floor action, and whichever way the vote would turn cialist Republic confrontation of mutu- Boyle is on the next agenda for com- out, on the nuclear or constitutional ally assured destruction. Both situa- mittee action. Both could be confirmed option. tions are accurately described by the by the end of this month. None of these circuit judges could acronym MAD. There are no objections to three make new law because all are bound We Republicans are threatening to nominees from the State of Michigan and each one has agreed on the record employ the option to require only a for the Sixth Circuit—Richard Griffin, to follow U.S. Supreme Court deci- majority vote to end filibusters. The David McKeague, and Susan Bakke sions. While it is frequently argued

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4634 CONGRESSIONAL RECORD — SENATE May 9, 2005 that Supreme Court decisions are in I have reason to believe the President gave in to party loyalty and voted repeat- many cases final because the Supreme is considering consultation with the edly to filibuster Federal judges in the last Court grants certiorari in so few cases, Michigan Senators on some federal ju- Congress. Likewise, there are many Republicans in the circuit courts sit in panels of three dicial vacancies in their state and per- this body who question the wisdom of the so that no one of these nominees could haps beyond. constitutional or nuclear option. They recog- unilaterally render an unjust decision One good turn deserves another. If nize that such a step would be a serious blow since at least one other circuit judge one side realistically and sincerely to the rights of the minority that have al- on the panel must concur. takes the high ground, there will be ways distinguished this body from the House While it would be naive to deny that tremendous pressure on the other side of Representatives. Knowing that the Senate ‘‘quid pro quo’’ and ‘‘logrolling’’ are is a body that depends upon collegiality and to follow suit. So far, the offers by both compromise to pass even the smallest resolu- not frequent congressional practices, sides have been public relations mation, they worry that the rule change will those approaches are not the best way neuvers to appear reasonable to avoid impair the ability of the institution to func- to formulate public policy or make blame and place it elsewhere. Mean- tion. governmental decisions. The Senate while, the far left and far right are urg- I have repeatedly heard colleagues on both has a roadmap to avoid ‘‘nuclear win- ing each side to shun compromise. sides of the aisle say it is really a matter of ter’’ in a principled way. Five of the ‘‘Pull the trigger,’’ one side says. ‘‘Fili- saving ‘‘face’’; but, as yet, we have not found the formula to do so. I suggest the way to controversial judges can be brought up buster forever,’’ the other side retorts. work through the current impasse is to pro- for up-or-down votes on this state of Their approaches would lead to exceed to bring to the floor circuit nominees the record. The others are entitled to treme judges at each end of the polit- one by one for up or down votes. There are at individualized treatment on the fili- ical spectrum as control of the Senate least five and perhaps as many as seven buster issue. It may be that the oppo- inevitably shifts from one party to an- pending circuit nominees who could be con- nents of one or more of these judges other. firmed; or, at least voted up or down. If the may persuade a majority of Senators The Senate today stands on the edge straightjacket of party loyalty were removed, even more might be confirmed. that confirmation should be rejected. A of an abyss. Institutions such as our For the past 4 months since becoming group of Republican moderates has, Senate are immortal but not invulner- Chairman of the Judiciary Committee, my with some frequency, joined Democrats able. If we fail to step back from the first priority has been to process the nomi- to defeat a party-line vote. The Presi- abyss, we will descend into a dark pro- nees through committee to bring them to dent has been explicit in seeking up-or- tracted era of divided partisanship. But the floor. As a starting point, it is important down votes as opposed to commitments if we cease this aimless and endless to acknowledge that both sides, Democrats on confirmations. game of political chicken, we could re- and Republicans, have been at fault. Both The Senate has arrived at this con- sides claim that they are the victims and store the Senate to its rightful place as that their party’s nominees have been treat- frontation by exacerbation as each side the world’s greatest deliberative body. ed worse than the other’s. Both sides cite has ratcheted up the ante in delaying That will require courage, courage endless statistics. I have heard so many and denying confirmation to the other from each Senator, courage to think numbers spun so many different ways that party’s Presidential nominees. A policy and act with independence. my head is spinning. I think even Benjamin of consultation/conciliation could dif- Our immortal Senate is depending on Disraeli, the man who coined the phrase, fuse the situation. that courage. Now the question re- ‘‘there are lies, damned lies and statistics,’’ This has already been offered by the would be amazed at the creativity employed mains as to whether we have it. by both sides in contriving numbers in this Democrats informally, signaling their Since the United States and the debate. intentions not to filibuster Griffith or Union of Soviet Socialist Republics In 1987, upon gaining control of the Senate Boyle, and by offering no objections to avoided the nuclear confrontation in and the Judiciary Committee, the Democrats the three Michigan nominees. Like- the Cold War by concessions and con- denied hearings to seven of President Rea- wise, it has been reported that Senator fidence-building measures, why gan’s circuit court nominees and denied floor REID has privately told Republicans he couldn’t Senators do the same by votes to two additional circuit court nomi- does not intend to block votes on any nees. As a result, the confirmation rate for crossing the aisle in the spirit of com- Reagan’s circuit nominees fell from 89 per- Supreme Court nominee except in ex- promise? cent prior to the Democratic takeover to 65 treme cases. A public statement of con- As a result of the time constraints, I percent afterwards. While the confirmation firmation with an amplification on have abbreviated the oral presentation rate decreased, the length of time it took to what constitutes ‘‘extreme case’’ could of this statement. I ask unanimous confirm judges increased. From the Carter go a long way to diffusing the situa- consent the full text be printed at the administration through the first 6 years of tion. conclusion of this statement, including the Reagan administration, the length of the Senator SCHUMER praised White my statement which I now make that confirmation process for both district and House Counsel Gonzales during his con- circuit court seats consistently hovered at the text is necessarily repeated to a approximately 50 days. For Reagan’s final firmation hearings for times in which substantial extent of what I have deliv- Congress, however, the number doubled to an now-Attorney General Gonzales con- ered orally, but it is included so that a average of 120 days for these nominees to be sulted with Senator SCHUMER on Presi- full text may be printed in the RECORD. confirmed. dent Bush’s judicial nominees affecting There being no objection, the mate- The pattern of delay and denial continued the State of New York. On April 11 of rial was ordered to be printed in the through 4 years of President George H.W. Bush’s administration. President Bush’s this year, a nominee pushed by Senator RECORD, as follows: lower court nominees waited, on average, 100 SCHUMER, Paul Crotty, was confirmed Mr. SPECTER. Mr. President, I seek rec- days to be confirmed, which was about twice for the federal court in New York. Both ognition to urge my colleagues to explore as long as had historically been the case. The New Jersey Senators, Senators ways to avoid a Senate vote on the nuclear Democrats also denied committee hearings TORRICELLI and CORZINE, approved all or constitutional option. It is anticipated for more nominees. President Carter had 10 five district court nominations for that we may vote this week or this month to nominees who did not receive hearings. For their State in the 107th Congress. And reduce from 60 to 51 the number of votes re- President Reagan, the number was 30. In the quired to invoke cloture or cut off debate on in that Congress, Florida’s Democratic Bush Sr. administration the number jumped judicial nominations. If the Senate roll is to 58. Senators, BOB GRAHAM and BILL NEL- called on that vote, it will be one of the most When we Republicans won the 1994 election SON, appointed representatives to a important in the history of this institution. and gained the Senate majority, we exacer- commission which recommended fed- The fact is that all, or almost all, Senators bated the pattern of delaying and blocking eral judges to President Bush. Presi- want to avoid the crisis. I have had many nominees. Over the course of President Clin- dent Bush recently nominated Minor- conversations with my Democratic col- ton’s presidency, the average number of days ity Leader HARRY REID’s pick for the leagues about the filibuster of judicial nomi- for the Senate to confirm judicial nominees District Court for the District of Ne- nees. Many of them have told me that they increased even further to 192 days for district do not personally believe it is a good idea to court nominees and 262 days for circuit court vada. filibuster President Bush’s judicial nomi- nominees. Through blue slips and holds, 60 of So there have been some significant nees. They believe that this unprecedented President Clinton’s nominees were blocked. signs of consultation and conciliation use of the filibuster does damage to this in- When it became clear that the Republican- by the Republicans on choices by stitution and to the prerogatives of the controlled Senate would not allow the nomi- Democratic Senators. President. Yet despite their concerns, they nations to move forward, President Clinton

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4635 withdrew 12 of those nominations and chose Informally, but authoritatively, I have sions. The Senate has a roadmap to avoid not to re-nominate 16. been told that the Democrats will not fili- ‘‘nuclear winter’’ in a principled way. Five of After the 2002 elections, with control of the buster Thomas Griffith or Judge Terrence the controversial judges can be brought up Senate returning to Republicans, the Demo- Boyle. Griffith is on the Senate calendar for up-or-down votes on this state of the crats resorted to the filibuster on ten circuit awaiting floor action, and Boyle is on the record. The others are entitled to individual- court nominations, which was the most ex- next agenda for committee action. Both ized treatment on the filibuster issue. tensive use of the tactic in the Nation’s his- could be confirmed by mid-May. It may be that the opponents of one or tory. The filibuster started with Miguel There are no objections to three nominees more of these judges may persuade a major- Estrada, one of the most talented and com- from the State of Michigan for the Sixth Cir- ity of Senators that confirmation should be petent appellate lawyers in the country. The cuit: Richard Griffin, David McKeague and rejected. A group of Republican moderates Democrats followed with filibusters against Susan Bakke Neilson; but their confirma- has, with some frequency, joined Democrats nine other circuit court nominees. During tions are held up because of objections to a to defeat a party line vote. The President the 108th Congress, there were 20 cloture mo- fourth nominee. I urge my Democratic col- has been explicit in seeking up-or-down votes tions on 10 nominations. All 20 failed. leagues to confirm the three uncontested as opposed to commitments on confirma- To this unprecedented move, President Michigan Sixth Circuit nominees and fight tions. Bush responded by making, for the first time out the Fourth Circuit vacancy and Michi- The Senate has arrived at this ‘‘confronta- in the Nation’s history, two recess appoint- gan district court vacancies on another day. tion by exacerbation’’ as each side ratcheted ments of nominees who had been successfully The Michigan Senators make a valid point up the ante in delaying and denying con- filibustered by the Democrats. That impasse on the need for consultation on the other firmation to the other party’s Presidential was broken when President Bush agreed to Michigan vacancies and that can be accom- nominees. A policy of conciliation/consulta- refrain from further recess appointments. modated. tion could diffuse the situation. This has al- Against this background of bitter and In the exchange of offers and counteroffers ready been offered by the Democrats, infor- angry recriminations, with each party seri- between Sen. FRIST, majority leader and mally signaling their intentions not to fili- ally trumping the other party to ‘‘get even’’ Sen. HARRY REID, the Democrat leader, buster Griffith or Boyle. Likewise, it has or, really, to dominate, the Senate now faces Democrats have made an offer to avoid a been reported that Senator REID has pri- dual threats, one called the filibuster and vote on the nuclear or constitutional option vately told Republicans that he doesn’t in- the other the constitutional or nuclear op- by confirming one of the four filibustered tend to block votes on any Supreme Court tion, which rival the US/USSR confrontation judges: Priscilla Owen, Janice Rogers Brown, nominees, except in extreme cases. A public of mutually assured destruction. Both situa- William Pryor, or William Myers with the statement with an amplification of what tions are accurately described by the acro- choice to be selected by Republicans. constitutes an ‘‘extreme case’’ could go a nym ‘‘MAD.’’ An offer to confirm any one of the those long way. We Republicans are threatening to employ four nominees is an explicit concession that Sen. SCHUMER praised White House Counsel the constitutional or nuclear option to re- each is qualified for the court and that they Gonzales’s consultation with him on Presi- quire only a majority vote to end filibusters. are being held hostage as pawns in a con- dent Bush’s judicial nominees. On April 11, The Democrats are threatening to retaliate voluted chess game which has spiraled out of 2005, the President’s nominee for the U.S. by obstructing the Senate on a host of mat- control. If the Democrats really believe each District Court for the Southern District of ters. Each ascribes to the other the responsi- is unqualified, a ‘‘deal’’ for confirmation for New York, Paul Crotty, supported by Sen- bility for ‘‘blowing the place up.’’ anyone of them is repugnant to the basic ator SCHUMER, was confirmed. Both New Jer- The gridlock occurs at a time when we ex- democratic principle of individual, fair, and sey Senators, Bob Torricelli and Jon Corzine, pect a United States Supreme Court vacancy equitable treatment and violates Senators’ approved all five district court nominations within the next few months. If a filibuster oaths on the constitutional confirmation for their state in the 107th Congress. In the would leave an 8 person court, we could ex- process. Such ‘‘deal-making’’ confirms public 107th Congress, Florida’s Democratic Sen- pect many 4 to 4 votes since the Court now cynicism about what goes on behind Wash- ators, BOB GRAHAM and BILL NELSON, ap- often decides cases with 5 to 4 votes. A Su- ington’s closed doors. pointed representatives to a commission preme Court tie vote would render the Court Instead, let the Senate consider each of the which recommended Federal judges to Presi- dysfunctional, leaving in effect the circuit four without the constraints of party line dent Bush. court decision with many splits among the voting. Let us revert to the tried and tested President Bush recently nominated Minor- circuits, so the rule of law would be sus- method of evaluating each nominee individ- ity Leader HARRY REID’s pick for the U.S. pended on many major issues. ually. By memorandum dated April 7, 2005, I District Court for the District of Nevada. I In moving in the Judiciary Committee to circulated an analysis of Texas Supreme have reason to believe the President is con- select nominees for floor action, I first se- Court Justice Priscilla Owen’s record dem- sidering consultation with the Michigan Sen- lected William Myers because two Demo- onstrating she was not hostile to Roe vs. ators on some Federal judicial vacancies in crats had voted in the 108th Congress not to Wade and that her decisions were based on their State and perhaps beyond. filibuster him, and one candidate for the solid judicial precedent. No one has chal- One good turn deserves another. If one side Senate in 2004, since elected, made a cam- lenged that legal analysis. realistically and sincerely takes the high paign statement that he would vote to end By memorandum dated January 12, 2005, I ground, there will be tremendous pressure on the Myers filibuster and to confirm him. distributed an analysis of decisions by Judge the other side to follow suit. So far, the of- Adding those three votes to 55 Republicans, William Pryor that shows his concern to pro- fers by both sides have been public relations we were within striking distance to reach 60 tect the rights of those often overlooked in maneuvers to appear reasonable to avoid or more. I carefully examined Myers’ record. the legal system. Similarly, no one has re- blame and place it elsewhere. Noting that he had opposition from some futed that analysis. California Supreme Meanwhile, the far left and the far right groups such as Friends of the Earth and the Court Justice Janice Rogers Brown has been are urging each side to shun compromise: Sierra Club, it was my conclusion that his pilloried for her speeches. If political or judi- pull the trigger; filibuster forever. Their ap- environmental record was satisfactory, or at cial officials were rejected by provocative/ex- proaches would lead to extreme judges at least not a disqualifier, as detailed in my treme ideas in speeches, none of us would each end of the political spectrum as control statement at the Judiciary Committee Exec- hold public office. utive Session on March 17, 2005. To be sure, The fact is that the harm to the Republic, of the Senate inevitably shifts from one critics could pick at his record as they could at worst, by the confirmation of all pending party to the other. at any Senator’s record; but overall Mr. circuit court nominees is infinitesimal com- The Senate today stands on the edge of the Myers was worthy of confirmation. pared to the harm to the Senate, whichever abyss. Institutions like the Senate are im- I then set out to solicit others’ views on way the vote would turn out, on the nuclear mortal but not invulnerable. If we fail to Myers, including the ranchers, loggers, min- or constitutional option. None of these cir- step back from the abyss, we will descend ers, and farmers. In those quarters, where I cuit judges could make new law because all into a dark, protracted era of divisive par- found significant enthusiasm for the Myers are bound, and each one agreed on the tisanship. But if we cease this aimless game confirmation, I urged them to have their record, to follow U.S. Supreme Court deci- of political chicken, we can restore the Sen- members contact Senators who might be sions. While it is frequently argued that cir- ate to its rightful place as the world’s great- swing votes. I then followed up with personal cuit court opinions are in many cases final est deliberative body. That will require cour- talks to many of those Senators and found because the Supreme Court grants certiorari age. Courage from each senator. Courage to several prospects to vote for cloture. Then in so few cases, circuit courts sit in panels of think and act with independence. Our im- the screws of party loyalty were applied and three so that no one of these nominees can mortal Senate is depending on our courage. tightened, and the prospects for obtaining unilaterally render an unjust decision since Do we have it? the additional few votes to secure cloture at least one other circuit judge on the panel Since the U.S. and USSR avoided a nuclear vanished. I am confident that if party pres- must concur. confrontation in the Cold War by concessions sure had not been applied, the Myers fili- While it would be naı¨ve to deny that the and confidence-building measures, why buster would have ended and he would have ‘‘quid pro quo’’ and ‘‘logrolling’’ are not fre- couldn’t Senators do the same by crossing been confirmed. That result could still be ob- quent congressional practices, those ap- the aisle in the spirit of compromise. tained if the straitjacket of party loyalty proaches are not the best way to formulate Mr. SPECTER. I suggest the absence were removed on the Myers nomination. public policy or make governmental deci- of a quorum.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4636 CONGRESSIONAL RECORD — SENATE May 9, 2005 The ACTING PRESIDENT pro tem- form State and local governments that cost money. It has the support of mi- pore. The clerk will call the roll. receive Federal dollars through the nority small business associations The bill clerk proceeded to call the highway bill of a new law, a law that around the country. I am pleased that roll. provides that minority contractors it has majority and minority support Mr. NELSON of Florida. I ask unani- who have already been certified as 8(a) on the Senate floor, and I am very mous consent that the order for the contractors under Federal law are pleased that the handlers on both sides quorum call be rescinded. automatically certified under State of the aisle have accepted the amend- The ACTING PRESIDENT pro tem- law as minority contractors on any ment. pore. Without objection, it is so or- contract that is funded in whole or in I thank the National Black Chamber dered. part by Federal dollars. Let me explain of Commerce, the United States His- AMENDMENT NO. 518, WITHDRAWN the background. panic Chamber of Commerce, as well as Mr. NELSON of Florida. Mr. Presi- As Senators know, the 8(a) Program the Hispanic Chamber of Greater Kan- dent, on behalf of Senator SALAZAR, I is one of the programs that small busi- sas City, the Minority Business Council ask unanimous consent that amend- nesses use to get certified as a minor- of St. Louis, and the Hispanic Chamber ment No. 581 be withdrawn. ity contractor in doing business with of Metropolitan St. Louis for their con- The ACTING PRESIDENT pro tem- the Federal Government. State and tinued support in providing 8(a) con- pore. Without objection, it is so or- local governments have similar certifi- tractors equal access to all projects re- dered. cations for doing business as a minor- ceiving Federal funding. The Senator from Florida is recog- ity contractor with their governments. I also want to thank the Senator nized. This has presented a serious obstacle from Connecticut for his work and ef- (The remarks of Mr. NELSON of Flor- for minority small businesses that fort on behalf of the amendment and ida pertaining to the introduction of S. want to do business or take advantage his continued leadership on behalf of 980 are located in today’s RECORD under of goals or setaside programs because small business issues. I urge the Senate ‘‘Statements on Introduced Bills and they have in the past been required to to adopt the amendment. I understand Joint Resolutions.’’) get additional certifications at both that the handlers are desirous of a roll- Mr. NELSON of Florida. I yield the the State and local levels after already call vote so I ask for the yeas and nays floor. having been certified under the Federal on the amendment. The ACTING PRESIDENT pro tem- Government’s 8(a) Program. As a re- The ACTING PRESIDENT pro tempore. The Senator from Missouri. sult, countless small minority-owned pore. Is there a sufficient second? There appears to be a sufficient sec- AMENDMENT NO. 600 TO AMENDMENT NO. 567 businesses have spent thousands and Mr. TALENT. Mr. President, I have thousands of dollars and countless ond. hours getting certified at the State and The yeas and nays were ordered. an amendment at the desk. The ACTING PRESIDENT pro tem- local levels just to learn that the con- The ACTING PRESIDENT pro tempore. The minority leader. tracting opportunity they originally pore. The clerk will report. Mr. REID. Mr. President, what was sought was, by the time they were cer- The legislative clerk read as follows: the request? The Senator from Missouri [Mr. TALENT], tified, no longer open. The ACTING PRESIDENT pro tem- In short, getting multiple certifi- for himself, and Mr. DODD, proposes an pore. Ordering the yeas and nays. amendment numbered 600 to amendment No. cations at the State and local levels Mr. TALENT. My understanding was 567. after you have already done it at the that the handlers wanted the yeas and Mr. TALENT. Mr. President, I ask Federal level is a time-consuming, ex- nays on the amendment. I will with- unanimous consent that the reading of pensive, and unnecessary process that draw the request if that is not the case. the amendment be dispensed with. in the past has left many highly quali- The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- fied minority small business contrac- pore. The Senator from Oklahoma. pore. Without objection, it is so or- tors shut out from the competition of Mr. INHOFE. I ask unanimous con- dered. Government contracts. So last year, I sent that at 5:30 this evening the Sen- The amendment is as follows: added an amendment on the JOBS bill ate proceed to a vote in relation to the (Purpose: To require notice regarding the that provides that section 8(a) contrac- Talent amendment, with the time criteria for small business concerns to par- tors, those who have already been cer- equally divided until the vote and no ticipate in Federally funded projects) tified on the Federal level, are auto- second-degree amendments in order to At the end of subtitle H of title I, add the matically certified as minority con- the amendment prior to the vote. following: tractors in any State or local program The ACTING PRESIDENT pro tem- SEC. 18ll. NOTICE REGARDING PARTICIPATION funded in whole or in part by Federal pore. Is there an objection? OF SMALL BUSINESS CONCERNS. dollars. Mr. REID. Reserving the right to ob- The Secretary of Transportation shall no- I have already heard from small busi- ject. tify each State or political subdivision of a nesses from Missouri and around the The ACTING PRESIDENT pro tem- State to which the Secretary of Transpor- country. I am pleased to report this pore. The minority leader. tation awards a grant or other Federal funds Mr. REID. I have no problem voting of the criteria for participation by a small provision is saving minority small business concern in any program or project business people thousands of dollars on this Talent amendment. I am dis- that is funded, in whole or in part, by the and many hours and a lot of headaches. appointed that we have not been able Federal Government under section 155 of the In many cases, it is making it possible to clear a resolution expressing support Small Business Reauthorization and Manu- for them to participate in programs for the withdrawal of troops from Geor- facturing Assistance Act of 2004 (15 U.S.C. and projects that they would not have gia. The President is there today. I am 567g). been able to participate in in the past so glad he is visiting Georgia. I was The ACTING PRESIDENT pro tem- without maneuvering through the ob- there with a bipartisan congressional pore. The Senator from Missouri is rec- stacles of getting additional State or delegation a few weeks ago, and I re- ognized. local certifications. Now we need to get peat I am disappointed we could not do Mr. TALENT. Mr. President, I wish the word out about the new law. this while he is in country. to take a few minutes to discuss this So today, the amendment of Senator The leaders of Georgia would be so amendment which I am offering with DODD and myself directs the Secretary ecstatic if we could do this. In Georgia, Senator DODD. It has been accepted by of Transportation to inform State and there are leftovers from the Soviet the managers on both sides, and I am local governments of the new law that Union military bases that are con- grateful for that. prohibits them from requiring feder- trolled by Russians, that are staffed by The amendment is the next step in ally certified 8(a) minority firms from Russians. They will not leave that lit- lifting a very significant burden off mi- obtaining State and local certifications tle country of Georgia. We have to do nority contractors around the country on any State or local project that re- what we can in exerting influence to who want to do business with the Gov- ceives Federal funding. get Russia to pull their troops out of ernment. Very simply, it would direct This amendment is the natural fol- this little country. I hope the majority the Secretary of Transportation to in- lowup to last year’s law. It should not will look this resolution over and that

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4637 it can be approved in the immediate fu- (Mr. HARKIN), and the Senator from tient, loving, considerate, and forgiving. ture. It would have tremendous signifi- Maryland (Mr. SARBANES) are nec- Though Mother’s Day comes but once yearly, cance with our President being there at essarily absent. don’t think you’re not appreciated the other [days of the year]. I thank God daily for the this present time. The PRESIDING OFFICER (Mr. COR- privilege of having been your son. So I have no objection to the request NYN). Are there any other Senators in [I] am well—have been moving so swiftly by my friend from Oklahoma. the Chamber desiring to vote? and far that mail still hasn’t reached us, nor The ACTING PRESIDENT pro tem- The result was announced—yeas 89, can we mail letters often. Shaved today for pore. The minority leader withdraws nays 0, as follows: the first time in a long while and haven’t his reservation. [Rollcall Vote No. 116 Leg.] had my hair cut for months, I guess. Hear peace rumors daily, but apparently, the Ger- Without objection, the unanimous YEAS—89 consent request is agreed to. mans don’t know a thing about it. Akaka Dole McConnell Happy Mother’s Day—Love from your son, The Senator from Missouri. Allard Domenici Mikulski Glenn. Mr. BOND. Mr. President, I rise to Allen Durbin Murray Mr. President, I imagine that many express my support for the effort that Baucus Ensign Nelson (FL) hundreds of letters just like this went my colleague from Missouri is making. Bayh Feingold Nelson (NE) Bennett Feinstein out 60 years ago to mothers all across When the Senator from Missouri was in Obama Bingaman Frist Pryor our country. Letters went out as they the House, he was chairman of the Bond Graham Reed Boxer Grassley waited patiently, praying for the safe House Small Business Committee when Reid return of their dear, beloved sons serv- Brownback Gregg Roberts I was chairman of the Senate Small Bunning Hagel Rockefeller ing overseas during the war. Fortu- Business Committee. We took great Burns Hatch Salazar nately, just a few short days after this Burr Hutchison pride in the tremendous contribution Santorum Byrd Inhofe particular letter was written, the ru- that small business made to our State, Schumer Cantwell Inouye mors about peace did become a reality both in terms of the jobs they produced Carper Isakson Sessions as Hitler’s Germany surrendered to Al- as well as the tremendous boost that Chafee Jeffords Shelby Smith lied forces, bringing to an end almost 6 the small businesses were able to pro- Chambliss Johnson Clinton Kennedy Snowe years of brutal, bloody battle and an vide to our productive sector. Coburn Kerry Specter unparalleled threat to mankind in the Again, I commend the Senator from Coleman Kohl Stabenow Nazi’s attempt to destroy the Jewish Missouri for the action he took last Collins Landrieu Stevens Sununu race. year to make sure that these minority Conrad Lautenberg Cornyn Leahy Talent When I think about all those who small business contractors could be Corzine Levin Thomas served during World War II, I am re- qualified. This will go a long way to- Craig Lieberman Thune minded of a famous speech in William ward easing the procedure to make Crapo Lincoln Vitter DeMint Lott Voinovich Shakespeare’s play ‘‘Henry V.’’ The sure that minority small business oper- DeWine Lugar Warner title character attempts to rally his ations have a chance to get in on the Dodd Martinez Wyden men with a St. Crispin Day speech, a work of the highway bill. It is very im- NOT VOTING—11 moving appeal to soldiers facing a portant that we move forward with our Alexander Dorgan McCain vastly superior French force. Shake- highway construction, and having the Biden Enzi Murkowski speare’s Henry assures his men of their minority small businesses providing Cochran Harkin Sarbanes place in history, creating the bond that jobs in their community and rep- Dayton Kyl links them all. An excerpt from that resenting the communities that will be The amendment (No. 600) was agreed speech reads as follows: served is a very worthy goal. to. And Crispin Crispian shall ne’er go by, This small measure would have a big The PRESIDING OFFICER. The Sen- From this day to the ending of the world, impact. So I urge the adoption of this ator from Ohio. But we in it shall be remember’d; amendment. We few, we happy few, we band of brothers. f I thank the Chair and yield the floor. Stephen Ambrose, of course, in his The ACTING PRESIDENT pro tem- MORNING BUSINESS book, ‘‘Band of Brothers,’’ also wrote pore. Who yields time? Mr. DEWINE. Mr. President, I ask about this fraternal bond that connects Mr. INHOFE. I suggest the absence of unanimous consent that there now be a all warriors to one another. Ambrose a quorum. period of morning business. documented the journey of the men of The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. Without Easy Company, E Company, 506th Regi- pore. The clerk will call the roll. objection, it is so ordered. ment, 101st Airborne Division, through The legislative clerk proceeded to their journey through World War II. f call the roll. While the men of the 506th seem at Mr. INHOFE. Mr. President, I ask 60TH ANNIVERSARY OF END OF times lost in the confusion and tragedy unanimous consent the order for the WWII IN EUROPE of war, Ambrose ends his book with a quorum call be rescinded. Mr. DEWINE. Mr. President, yester- poignant reflection on what they en- The ACTING PRESIDENT pro tem- day was the 60th anniversary of the end countered during the war. He wrote as pore. Without objection, it is so or- of World War II in Europe. It was also, follows: dered. of course, Mother’s Day. My speech- They found combat to be ugliness, destruc- All time has expired. The question is writer Ann O’Donnell shared a letter tion, and death, and hated it. Anything was better than the blood and carnage, the grime on agreeing to the amendment. The with me her grandfather wrote that is yeas and nays have been ordered and and filth, the impossible demands made on a fitting remembrance of both occa- the body—anything, that is, except letting the clerk will call the roll. sions. It is a letter from a young Army The legislative clerk called the roll. down their buddies. They also found in com- private, 12th Armored Division, named bat the closest brotherhood they ever knew. Mr. MCCONNELL. The following Sen- Glenn H. Waltner. Stationed in Ger- They found selflessness. They found they ators were necessarily absent: the Sen- many at the time, he wrote to his could love the other guy in their foxhole ator from Tennessee (Mr. ALEXANDER), mother, Mrs. J. J. Waltner in Freeman, more than themselves. They found that in the Senator from Mississippi (Mr. SD. war, men who love life would give their lives for them. COCHRAN), the Senator from Wyoming The letter is postmarked 60 years ago NZI Over the last couple of years, my (Mr. E ), the Senator from Arizona today, May 9, 1945, though it was writ- YL staff and I have had the great privilege (Mr. K ), the Senator from Arizona ten, actually, on May 3, 1945. It reads C AIN of getting to know a group of World (Mr. M C ), and the Senator from as follows: Alaska (Ms. MURKOWSKI). War II veterans who, like the men of Mr. DURBIN. I announce that the Dearest Mother, Easy Company, are, indeed, a band of Mother’s Day is only a short time away Senator from Delaware (Mr. BIDEN), again. Since we cannot be together, I’m tak- brothers. They are a band of selfless, the Senator from Minnesota (Mr. DAY- ing this opportunity to thank you for being patriotic, quiet heroes who to this day, TON), the Senator from North Dakota my mother. You’ve always been all that any 60 years after the end of the war, re- (Mr. DORGAN), the Senator from Iowa son could ever ask a mother to be—kind, pa- main in close contact, staying in touch

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4638 CONGRESSIONAL RECORD — SENATE May 9, 2005 with one another and their families My parents’ recollections and the let- the President cannot appoint extreme through e-mails, newsletters, and re- ter I read on the Senate floor from nominees. The Senate’s involvement unions. They also, to this day, con- Glenn Waltner are just a couple of ex- helps to ensure that judges are more tinue to remember and honor those in amples of the many stories we all have independent. their company who never made it heard about those who fought during The Framers wanted the courts to be home, those who were killed during the World War II. It is through the stories an independent branch of government, fighting, those who will remain as they of those who served over half a century helping to exercise the Constitution’s were at the time frozen in their youth. ago that we continue to learn about intricate system of checks and bal- I am speaking about the men of Com- history, about humanity, and about the ances. The Senate’s involvement in the pany K, the most decorated company sacrifices that were made by our par- confirmation of judges helps to ensure in the 409th Regiment of the 103rd In- ents, grandparents, those who made that the judiciary can be that more fantry Division, 6th Corps of the 7th the sacrifices. Sixty years later, we independent branch. And that inde- Army. The men of K Company, how- continue to learn from all those who pendence of the judiciary, in turn, ever, are not unique. The bonds they served in World War II. We continue to helps to ensure the protection of per- share and the sacrifices they made are learn about honor, respect, loyalty, hu- sonal rights and liberties. no different than the bonds and the mility, and sacrifice. Just witness the Bill of Rights and sacrifices of all those who served in I thank each of them for what they the Constitution and the degree to World War II together. did, what they did for each one of us, which the court protects the Bill of Two years ago at this time, I spoke and what they did for our country and Rights against improper encroachment about the 58th anniversary of V-E Day what they did for the world, what they by the legislative branch and in some and specifically about K Company. did over 60 years ago. cases by the executive branch. Since that time, my staff and I have They fought so that we could know The current fight over allowing the heard from many of the surviving peace, so that we could remain free. President to more easily gain confirmation of Supreme Court Justices members of K Company and their fami- They will never be forgotten. lies. We have learned a great deal I thank the Chair, and I yield the and Appellate Court judges recalls another such effort by a President to af- about what so many men and women floor. went through both during and after the I suggest the absence of a quorum. fect the independence of the judiciary. war. The PRESIDING OFFICER. The It was in 1937, when President Franklin I must say the connection my office clerk will call the roll. Roosevelt tried to pack the Supreme and I have established with the mem- The bill clerk proceeded to call the Court. Roosevelt’s effort to pack the Court bers of K Company, soldiers who saw roll. failed in 1937 because enough Senators battle in Germany, France, and Aus- Mr. BAUCUS. Mr. President, I ask from his own party stood up to their tria, has been one of the most reward- unanimous consent that the order for President. They stood up for the Con- ing experiences I have had during my the quorum call be rescinded. stitution that they loved. entire time in Congress. The PRESIDING OFFICER. Without One of those Senators was Montana’s One of the members of K Company is objection, it is so ordered. Burton K. Wheeler. my dad, Richard DeWine. In talking to f Until then, Burt Wheeler, a Demo- both my mother and my father this crat, had been an ardent champion of past weekend about the end of the PROTECTING THE INDEPENDENCE OF THE COURTS New Deal causes. But that changed fighting in Europe 60 years ago, they with Roosevelt’s effort to pack the Mr. BAUCUS. Mr. President, in- remember vividly what happened, Court. where they were 60 years ago yester- scribed on the Justice Department In his book about Lyndon Johnson, day. My mother remembers riding on a building are the words: ‘‘No free gov- Master of the Senate, the historian firetruck during an impromptu cele- ernment can survive that is not based Robert Caro recounts what happened: bration in my parents’ hometown of on the supremacy of law.’’ Burton K. Wheeler of Montana, long a lead- Yellow Springs, OH. She remembers Aristotle said: ‘‘Where the laws are er in Senate fights for liberal causes, was that celebration after the announce- not supreme, there demagogues spring coming to see that the Court plan implied an ment was made of the German sur- up.’’ alteration in the whole balance of govern- render. And Balzac wrote: ‘‘The soul of lib- mental power in favor of the White House. My dad, half a world away at the erty is love of law.’’ What, he wondered, would come next? He re- time, remembers spending the night It is a free and independent judiciary fused to fight for this cause. Wheeler was a before in a foxhole near Innsbruck, that ensures the supremacy of law. It senator other senators followed. Roosevelt is a free and independent judiciary that sent his aide Thomas G. Corcoran to him Austria, the night before the surrender. with an offer. Its details would be a matter And he, like PVT Glenn Waltner who guards against the demagogue. It is a of dispute; at a very minimum, Wheeler wrote in his letter to his mother, my free and independent judiciary that would be allowed to give ‘advice’ on the dad also heard rumors that the war was protects the soul of liberty. nominations of two of the six justices. nearing an end. My dad says the ru- As Montesquieu wrote in The Spirit Wheeler had accepted other offers from Cor- mors were all over the place. But nev- of the Laws: ‘‘There is no liberty if the coran before, but he refused to do so on the ertheless, my dad stayed awake that judiciary power be not separated from Court-packing plan. I’m going to fight it night in that foxhole fearing that the the legislative and the executive.’’ with everything I’ve got,’ he told Corcoran. And as George Washington wrote to The President hurriedly invited his old enemy would attack. He remembers friend Burt to dine at the White House that thinking he saw German soldiers com- John Jay in 1789, when Washington in- evening; the Senator replied that the Presi- ing towards them. vited Jay to be Chief Justice: ‘‘The Su- dent had better ‘save the plate for someone The next morning, and later when he preme Court must be recognized as the who persuaded more easily’. talked to his comrades, his buddies, keystone of our political fabric.’’ And on the Senate floor, Senator when he compared notes with them, The effort by some to abridge the Wheeler said: they thought the same thing, that the Senate’s role in the confirmation of I am saying to the Senator now that those Germans were coming after them, com- judges is nothing less than an effort to connected with the administration have said ing towards them. Yet they never at- diminish the independence of the judi- that they wanted six men upon the Supreme tacked that night, thank Heavens. ciary. That is the bottom line. Court whom they could trust, that they My dad says when the war did end The Senate’s rules and its paramount wanted men on the Court who would decide the next day, he can still remember value of unlimited debate are central cases as they wanted them to be decided. groups of German troops surrendering, to preserving that independence of the That is the issue. It can be camouflaged as and then when he and his K Company judiciary. The Senate’s involvement in much as one wants to attempt to camouflage it, but the truth is that it is impossible to buddies went into Innsbruck, quite the confirmation of judges helps to en- get away from the fact that this is a pro- shortly thereafter he remembers the sure that nominees have the support of posal to make the Supreme Court of the people of Innsbruck throwing flowers a broad political consensus. The Sen- United States subservient to the executive at them as they rode into Innsbruck. ate’s involvement helps to ensure that branch of government.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4639 Similar words could be said about the [A]bove all, together the Senate’s rules and The PRESIDING OFFICER. The current effort to abridge the Senate’s practices form a whole. It is a whole that clerk will report. involvement in securing the independ- faithfully reflects the Framer’s design and The bill clerk read as follows: ambition for the body. It is a whole that re- ence of the Court. There are those con- The Senator from Oklahoma [Mr. INHOFE] mains true to the Senate’s two paramount proposes an amendment numbered 605. nected with the current effort who values: unlimited debate and minority want people ‘‘on the Court who would rights. Mr. INHOFE. Mr. President, I ask decide cases as they want them to be [U]nlimited debate and minority unanimous consent that reading of the decided.’’ And it is impossible to deny rights. amendment be dispensed with. The PRESIDING OFFICER. Without that the effect of the current proposal That is what the leader wrote just a would be ‘‘to make the Supreme Court objection, it is so ordered. year ago: unlimited debate is one of the (The amendment is printed in today’s of the United States [more] subservient paramount values in the Senate’s to the executive branch of govern- RECORD under ‘‘Text of Amendments.’’) rules. Minority rights is the other one. The PRESIDING OFFICER. The Sen- ment.’’ ‘‘[U]nlimited debate’’ allows Senators There is no doubt about it. That is ator from Missouri. to protect ‘‘minority rights.’’ The Sen- Mr. BOND. Mr. President, finally, the intent. That is the result. ate’s rules help to protect the inde- after much laboring, this massive new On the Senate floor, Senator Wheeler pendent judiciary. The Senate’s rules substitute, or managers’ amendment, also said: help to ensure that no one party has I say the step proposed is one of the most is before us. absolute power. The Senate’s rules help This reflects the tremendous amount dangerous ever suggested, and it will set the to give effect to the Framer’s concep- most dangerous precedent of which I can of work our staffs have done over the conceive. You can bring political pressure to tion of checks and balances to protect recess as well as the many long weeks bear on me, you can say, ‘You you have to go the rule of law. and months our committees worked on along because of the fact that the adminis- John Locke wrote in The Second it. It is not what anybody would say is tration wants it.’ You can say that the privi- Treatise on Government: a perfect bill. Everybody would like lege of appointing postmasters will not be Wherever law ends, tyranny begins. more money, and many would like accorded me; you can say that I will get no John F. Kennedy said: more money in different places. But more projects for my State, worthy or un- Law is the strongest link between man and given the constraints under which we worthy; you can say what you please; but I freedom. operated, this is the best we have been say to Mr. Farley [the Postmaster General And the Greek philosopher and Chairman of the Democratic National able to produce. Obviously, we hope Committee] and to everyone else that, so far Heraclitus of Ephesus wrote: that after the Senate may complete ac- as I am concerned, I will vote against this The people should fight for their law as for tion on the supplemental, which I un- proposal because it is morally wrong, mor- their city wall. derstand may be coming up, we would ally unsound. It is a dangerous precedent, . . I urge my Colleagues on the other like to move as quickly as we can on . it gets us nowhere, it is an expedient, it is side of the aisle to fight for this city this bill. a stopgap and dictatorial, and so far as I am wall. I urge them to defend the inde- The leadership on both sides has told concerned, if I am the only man in the Sen- pendence of the judiciary. One hall- us they want to finish the bill by this ate to do so, I shall vote against it. mark that sets the United States apart week. That is an ambitious schedule Once again, similar words could be from most countries in the world is a but, frankly, the current extension of said about the current effort to abridge strong, independent judiciary: not the highway transportation bill runs the Senate’s involvement in securing bullied by the legislative branch, not out at the end of this month. The only the independence of the Court. ‘‘[T]he bullied by the executive branch; an hope we have of meeting that deadline step proposed is one of the most dan- independent judiciary. and getting a bill to the President is to gerous ever suggested.’’ ‘‘[I]t will set I urge my colleagues to defend that get it to conference this week. The con- the most dangerous precedent . . . .’’ independence and I urge them to reject ference is going to be difficult because ‘‘[I]t is morally wrong, morally un- this effort to overturn the Senate’s of the different approach taken by the sound.’’ ‘‘[I]t gets us nowhere . . . .’’ rules. House than the approach we have ‘‘[A]nd so far as I am concerned, if I am Mr. President, I suggest the absence taken. the only man in the Senate to do so, I of a quorum. The approach we have taken, and the shall vote against it.’’ The PRESIDING OFFICER. The EPW Committee, on highway funds is I only hope that enough Senators clerk will call the roll. one of bipartisan cooperation, to use from the majority will have the cour- The bill clerk proceeded to call the formulas to assure that the highway age that Burt Wheeler had, to stand up roll. money goes to States on the various to their President, and stop this effort Mr. INHOFE. Mr. President, I ask indicators of need built into the for- to undermine our Nation’s cherished unanimous consent that the order for mulas. I happen to think the formulas checks and balances. the quorum call be rescinded. undercut the crossroads of the United In the latter half of the 19th Century, The PRESIDING OFFICER. Without States. I will be showing, when people James Bryce was the Ambassador of objection, it is so ordered. talk about needs in other areas, a map the United Kingdom to the United f by the U.S. Department of Transpor- States. In 1888, he wrote of America’s TRANSPORTATION EQUITY ACT: A tation showing the level of heavy traf- independent judiciary: LEGACY FOR USERS—Continued fic on the roads in America. It is no surprise that that heavy traffic goes The Supreme Court is the living voice of Mr. INHOFE. Mr. President, I ask the Constitution . . . . It is the guarantee of right through the middle of America, the minority who, when threatened by the unanimous consent that we resume the through Oklahoma, Missouri, Illinois, impatient vehemence of the majority, can highway bill. Indiana. We are the crossroads States. appeal to this permanent law, finding the in- The PRESIDING OFFICER. Without We are not doing as well in our States terpreter and enforcer thereof in a Court set objection, it is so ordered. as many of the other States that are high above the assaults of faction. AMENDMENT NO. 567 WITHDRAWN asking for more money. For two centuries, the Senate’s rules Mr. INHOFE. Mr. President, I ask When people say they want more have protected the rights of the minor- unanimous consent that the pending money, my response is: I do, too. But ity party, Democrats and Republicans substitute amendment be withdrawn. we have attempted to follow the pat- alike, and thereby protected the inde- The PRESIDING OFFICER. Is there tern established in previous formulas. pendence of the judiciary. After two objection? And if people want to change it, I have centuries, it would be a mistake to Without objection, the amendment is some changes I would like to make as change those rules. withdrawn. well and include the crossroads where As the Senior Senator from Ten- AMENDMENT NO. 605 the traffic is the heaviest and where, in nessee, the Majority Leader, wrote in a (Purpose: To provide a complete substitute) my State and in Oklahoma, we now forward to a book published last year Mr. INHOFE. Mr. President, I now recognize the fact that deaths caused entitled Senate Procedure and Prac- send a substitute amendment to the by inadequate highways is a legitimate tice, and I quote: desk. concern for a bill called SAFETEA.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4640 CONGRESSIONAL RECORD — SENATE May 9, 2005 I am delighted, through the leader- 251 over the remaining 5 years of the 6- Sergeant Gore’s patriotism for his ship of Senator INHOFE and the co- year reauthorization. country and zeal for life must be recog- operation and leadership of our col- Last year’s bill, the donee status was nized and appreciated today and in leagues on the other side of the aisle, improved more dramatically so that days to come. In his honor, I urge all Senator JEFFORDS, Senator BAUCUS, for States such as my State of Okla- Americans to contemplate their love Senator REID, who worked very closely homa and the State of the Presiding for this great country and to think with me on the last highway bill, we Officer, we would have that up to a about the patriotic ideals which Jason brought our section to the floor as well minimum of 95 percent. That means we held in such high esteem. In memory of as the sections from the other commit- would get back at least 95 percent of his life and his great sacrifice so will- tees. We look forward as soon as we can that which is collected in our respec- ingly made, we are called to rekindle to going back to work on it. We would tive States. We can’t quite do that in ourselves the fiery devotion and en- ask any of our colleagues who have with the smaller amount, but certainly thusiasm of SGT. Robert J. Gore. I amendments, particularly to our sec- it is enhanced a little bit with the offer my condolences to the family and tion, you have had a chance to look at amendment we just agreed to consider. friends of Jason who have felt this loss it, we have had a chance to work on it. So we have a lot in here, and they are most deeply. Today, their son, brother, I hope we can move quickly because going to be a part of this bill. Again, grandson, and friend stands as a beacon the time will be short and the bill is the only thing that needs to be done of enduring patriotism, deserving of important. right now is for amendments to be emulation by all Americans. With that, I thank the chairman of brought to the floor. By the way, Sen- f our committee and yield the floor. ator BOND is right when he says there CARE COORDINATION The PRESIDING OFFICER (Mr. VIT- are a lot of Members who are not TER). The Senator from Oklahoma. happy, and they won’t have enough Mr. KENNEDY. Mr. President, I wel- Mr. INHOFE. Mr. President, I thank money in their States. I am not happy come this opportunity to call the at- the senior Senator from Missouri. He about the amount of money in Okla- tention of my colleagues to the impor- has worked tirelessly, as chairman of homa. There was a lot of compromising tant issue of improving the coordina- the Subcommittee on Transportation over a 3-year period to get us where we tion of health care for the Nation’s sen- of the Environment and Public Works are today. However, if you are not ior citizens. As we all know, large num- Committee. You always hear that happy, offer an amendment. We will bers of senior citizens receive health working with Senators is like herding consider it and we will vote on it. That care and treatment from several dif- cats. I think we have learned that on is what the process is all about. ferent physicians. In fact, more than this bill. It is very difficult. Of course, We have a lot to be done in the next half the patients with serious chronic by the very nature of the Senate, one 4 days. We expect that we are going to conditions have three or more different person can hold things up. But I don’t be doing it. We are encouraging people physicians. think there is anything this year we to come down with their amendments. Too often, a physician seen by a pa- are going to be dealing with that is I chair the EPW committee, but we tient is not aware of the tests and pre- more important than our highway re- also have some titles in here by the scriptions that other physicians have authorization bill. Banking Committee, the Commerce ordered for the same patient. The re- Last year we passed a good bill out of Committee, and the Finance Com- sult is that the patient receives care committee. We were unable to get it mittee. We have been talking to those that is often duplicative, and may ac- out of conference last year. This year I chairmen. I believe they are ready. So tually be harmful. am sure that situation will change. we could entertain amendments on any We need new ideas on improving care As we work on it this week, I agree it of these sections or any of the titles of coordination for patients—particularly is an ambitious schedule to get it done, the bill. for senior citizens. The Boston Globe recently published but I am anticipating we are going to f have to at some point file cloture. I a thoughtful article by Lois Quam, would certainly tell any of the staff MORNING BUSINESS CEO of the Ovations division of and Members who might be listening Mr. INHOFE. Mr. President, I ask UnitedHealth Group, describing new that we are open for business. We now unanimous consent that we go into a initiatives to improve the quality of have the substitute amendment on the period of morning business with each health services provided to senior citi- floor so we know what we are working Senator permitted to speak for up to 10 zens. It includes a number of worth- with. We would ask them to bring their minutes. while recommendations, and I urge my amendments down. We can’t do any- The PRESIDING OFFICER. Without colleagues to take the time to read it thing with an amendment unless we objection, it is so ordered. carefully. We can clearly do better, much better, in this important area of see it, unless we have it before us. f I know what is going to happen if we health care. don’t do that. When we come up HONORING OUR ARMED FORCES I ask unanimous consent that the ar- against some deadlines, trying to get SERGEANT ROBERT J. ‘‘JASON’’ GORE ticle ‘‘Rx For Medicare’’ be printed in this passed out of here at the end of the Mr. GRASSLEY. Mr. President, I rise the RECORD. week, people are going to be saying today to recognize a fellow Iowan who There being no objection, the mate- they didn’t have time. You have time has fallen in service to his country. rial was ordered to be printed in the now. We are waiting for you. We want SGT. Robert J. ‘‘Jason’’ Gore of Ne- RECORD, as follows: you to bring them down. vada, IA, was killed on April 21, when [From the Boston Globe, Mar. 11, 2005] The substitute amendment we adopt- insurgents shot down his helicopter. RX FOR MEDICARE ed has some changes in it. We did in- Jason had already completed one tour (By Lois Quam) crease some highway funding by $8.9 in Iraq before he began his tour as a se- Social Security reform will dominate poli- billion. That would be the highway curity guard for Blackwater USA. He tics and be the subject of much debate for funding portion. That was over the months to come. However, failure to address was only 23 years old and is survived by rising healthcare costs, by changing the way EPW bill that we passed out of the a mother, father, brother, and grand- Medicaid and Medicare-funded care is deliv- committee that we chair. And it in- parents. ered, could undermine efforts to ensure fi- cludes a 5.1-percent increase in both Jason grew in Nevada, IA, and chose nancial security for many retirees. the apportioned and allocated pro- to attend St. John’s Northwestern Over the next 75 years, the government is grams. It also includes the minimum Military Academy for his last 2 years expected to pay more than $27 trillion in rate of return for donor States to 91 of high school. Sergeant Gore excelled healthcare benefits promised to seniors percent and working up to 92 percent. there in academics, athletics, and lead- seven times its Social Security obligations for that period. Further, a recent analysis by This is not as ambitious as it was last ership, and he was described as a kind Urban Institute researchers suggests that by year, but last year we were dealing young man with a purpose-driven life 2040, typical seniors might have to spend ap- with a bill that was $318 billion over a and a great enthusiasm for the oppor- proximately one-fifth of their Social Secu- 6-year period. This is going to be about tunity to serve in the military. rity benefits on Medicare premiums.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4641 Simply cutting funds for federal ernization Act’s Special Needs plans. How- knows how to get things done. He is a healthcare programs would be shortsighted ever, both the public and private sectors tough-minded diplomat, he has a and potentially devastating to millions of need to do a much better job of analyzing the strong record of success and he has a older Americans, including more than 960,000 effectiveness of alternative-care models and proven track record of effective in Massachusetts. A better way to control applying evidence-based lessons on a nation- costs while improving the quality of wide basis. multilteralism . . . John, you have my healthcare is to rethink the traditional mod- By working together, public and private confidence and that of the President.’’ els for delivering care. leaders have the opportunity to improve the Given the enormity of problems fac- Chronically ill patients with five or more quality of life for more than 41 million older ing the U.N. today, we have an obliga- medical conditions made up only 20 percent Americans and conserve Medicare resources. tion to send a strong-minded individual of all Medicare beneficiaries in 2004 but ac- This issue also affects younger generations, to help constructively to solve these counted for more than two-thirds of the pro- who must have the security of knowing that problems and to regain the confidence gram’s $302 billion in costs. In any single their parents, and then they themselves, will of the American people in the con- year, such patients are likely to fill up to 20 be well cared for as they age. But we need to separate prescriptions, visit emergency move quickly, beginning this year. If we wait tinuing need for the U.N. rooms a dozen times or more, and require until Washington deals with Social Security I share the President’s and the Sec- hospitalization at least five times. Too often and other issues on its agenda, we may sim- retary’s expectation that John Bolton these patients must make sense of an array ply run out of time. will faithfully represent the United of confusing, even conflicting, information. f States’ interests and enthusiastically This fragmentation of care can lead to poor advance the President’s goal of making NOMINATION OF JOHN BOLTON health outcomes that are unnecessarily cost- the United Nations a stronger, more ef- ly and draining for patients and physicians Mr. WARNER. Mr. President, I rise fective international organization. alike. We can reduce this burden by orga- today in support of the nomination of nizing our resources more efficiently and ef- f fectively. John Bolton, the President’s nominee The traditional Medicare and Medicaid fee- for U.S. representative to the United PRAYER AT SCHOOL BOARD for-service systems are structured primarily Nations with the rank of Ambassador. MEETINGS to provide acute care, not to meet the needs The President, together with his Mr. VITTER. Mr. President, last of the chronically ill. These latter patients principal Cabinet officers, has put to- Thursday was designated as a National require comprehensive management of their gether an extraordinary national secu- Day of Prayer. I began the day at a health, emphasizing coordination of multiple rity team. John Bolton will be a valu- prayer breakfast with the people of treatments, health maintenance, and prevention of disease. While there has not been any able addition to this team. Tangipahoa, LA, whose school board effort to implement a care model of this kind The President and his Secretary of was recently the subject of a Federal on a national scale, many smaller programs State, Condoleezza Rice, have ex- court ruling against prayer at board have already demonstrated this approach’s pressed their confidence that John meetings. value in reducing costs and improving care. Bolton has the experience and skills to This February 24 ruling, by U.S. Dis- For example, On Lok SeniorHealth, a com- represent the United States at the trict Court Judge Ginger Berrigan of munity-based organization in San Francisco, United Nations and to carry out the New Orleans, was filed by an unnamed provides seniors with a complete program of President’s priorities to strengthen and health services preventive, acute, and reha- individual with the backing of the bilitative care along with home healthcare, reform the U.N. I concur in the con- American Civil Liberties Union. The social services, and such personal assistance fidence they placed in the nominee. purpose of the lawsuit was to stop as meal delivery, transportation, and help John Bolton has had a long and dis- prayers at Tangipahoa Parish School with prescriptions. On Lok’s patients report tinguished career in public service and Board meetings. better overall health and fewer acute-care in the private sector. Most recently, he In her ruling against the school needs and hospitalizations than comparable has served for the past 4 years as the board, Judge Berrigan said: groups of Medicare beneficiaries. Under Secretary of State for Arms I have also seen the impact of this care [i]n officially promoting a religious practice model at my own company. Our Evercare Control and International Security Af- at its governmental meetings, the board is plans identify the most costly, at-risk pa- fairs. In that capacity, Secretary doing what its schools and teachers cannot tients and deliver care within a system of Bolton worked to build a coalition of do, favor religion over non-religion and en- careful monitoring and management. At the over 60 countries to help combat the dorse particular religious faiths. heart of this system are practitioners who spread of weapons of mass destruction If this ruling stands, school boards in coordinate multiple services, facilitate com- through the Proliferation Security Ini- other parts of Louisiana as well as munication between providers and patients, tiative, PSI. He was a leader in cre- school boards across the country could and ensure integration of treatments. ating the G8 Global Partnership to, in be subjected to similar lawsuits. Evercare is also working with Massachu- setts to ensure this kind of care is brought to effect, ‘‘multilateralize’’ the Nunn- Many have joined me in criticizing seniors living in nursing homes, as well as to Lugar nuclear threat reduction concept this February 24 ruling, including the home-based elderly and disabled. The Massa- by inviting other nations to join the Democratic Governor of Louisiana, chusetts Senior Care Options program pro- United States in helping to eliminate Kathleen Blanco, who called for the vides enrollees with hands-on medical care and safeguard dangerous weapons and school board to appeal the decision to coordination as well as home care support technologies which remain in the coun- the Fifth Circuit Court of Appeals. As services, such as outfitting the home for spe- tries of the former Soviet Union. stated by Governor Blanco: cial needs, housekeeping, transportation to Previously, John Bolton has served physicians’ offices, and meals. I believe that such prayers are entirely ap- Again, there is evidence that the model as Assistant Secretary of State for propriate, constitutional, and in keeping can reduce costly, redundant services while International Organization Affairs, as with a practice in our nation that dates back improving patient care. Federally commis- an Assistant Attorney General in the to the Continental Congress. sioned studies of Evercare programs in sev- Department of Justice, and many years I could not agree more with that eral states showed that they slashed hos- ago he held several senior positions in statement, and I am delighted that the pitalizations in half while gaining a 97 per- the Agency for International Develop- school board on May 1, 2005 voted cent satisfaction rating from participating ment. He has also had a distinguished unanimously to appeal the district families. The Centers for Medicare and Med- icaid Services point to Evercare as the model legal career in the private sector. court’s ruling. for the Special Needs Plans included in the Mr. Bolton has at times advocated or To me, this February 24 ruling seems Medicare Modernization Act of 2003. In represented controversial positions like another attempt by Federal courts Texas, another program using this model which have sparked controversy. But to legislate from the bench—especially saved more than $100 million in two years he has done so with a frankness and as- when you consider that other law- and improved seniors’ access to services. sertiveness that demonstrate his making bodies are allowed to hold The long-term survival of Medicaid and strongly held beliefs. As this com- prayer. Here in the Senate, we rou- Medicare may depend on the wide adoption mittee, and later the full Senate, con- tinely open with a prayer, as does the of this approach, whether it is offered by private companies such as Ovations or not-for- siders this nomination, we should keep U.S. House of Representatives and as profit programs like On Lok. We have an op- in mind the words of Secretary Rice: do State legislatures across the Nation. portunity to do so for the chronically ill ‘‘The President and I have asked John In 1983, the U.S. Supreme Court held, within the framework of the Medicare Mod- Bolton to do this work because he in the case of Marsh v. Chambers, that

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4642 CONGRESSIONAL RECORD — SENATE May 9, 2005 the practice of opening legislative ses- SUPPORTING RESPONSIBLE GUN HONORING IOWA FINALISTS WE sions with prayer has become part of STORAGE LEGISLATION THE PEOPLE: THE CITIZEN AND the fabric of our society. To invoke di- THE CONSTITUTION NATIONAL vine guidance on a public body en- Mr. LEVIN. Mr. President, two sepa- COMPETITION trusted with making the laws is not a rate accidental shootings in Detroit on April 22 of this year left one 13-year-old Mr. GRASSLEY. Mr. President, I rise violation of the Establishment Clause, to congratulate the students from Cen- but rather is simply an acknowledge- boy dead and a 9-year-old boy critically wounded. These tragedies should re- tral Academy in Des Moines, IA who ment of beliefs widely held among the recently participated in the We the mind us again that much more must be American people, said the Court. People: The Citizen and the Constitu- done to prevent access to guns by chil- tion national finals in Washington, DC Voluntary prayer in elected bodies dren. should not be limited to prayer in The annual competition is the cul- State legislatures and Congress. School According to published reports, both mination of the students’ extensive boards are deliberative bodies of of these shootings involved children study of the American system of con- adults. They are similar to a legisla- playing with guns inside their own stitutional democracy. The team from ture in that they are elected by the homes. In both cases, the guns acciden- Central Academy won the State com- people, act in the public interest, and tally discharged and shot the victim in petition, earning the honor of rep- are open to the public for voluntary at- the head. In reference to the accidental resenting Iowa in the national finals tendance. shooting of the 9-year-old boy, Lieuten- from April 30 through May 2, 2005. I am ant James Tolbert of the Detroit Po- also proud to say that they won a unit And let’s not forget that this Nation lice Department commented, ‘‘This is award for their impressive performance was founded on the principle of free- an unfortunate and needless incident on unit 3. dom of religion. Not freedom from reli- that would have been prevented if peo- Unfortunately, I was in Iowa during gion but freedom of religion. The the national finals this year so I was Framers intended that the U.S. Con- ple would make sure that a weapon in unable to meet with the students from stitution would bar the Government the home is secure and out of reach.’’ Iowa as I customarily do. However, I from enacting any law that favors one In addition, Lieutenant Tolbert sug- am always impressed by how knowl- religious denomination over another, gested that similar shootings could be edgeable and politically astute the stu- not prevent any mention of religion or prevented through the use of trigger dents are who have been through this reference to God in civic dialogue. The locks or the storage of ammunition program and I understand this year’s Framers recognized that freedom to separate from the gun. group of students was no exception. I practice religion and to express reli- Recent research supports Lieutenant know Iowans can be very proud to have gious thought is a fundamental and Tolbert’s suggestions. A study pub- had them representing Iowa. alienable right belonging to all Ameri- lished in the Journal of the American The We the People: The Citizen and cans. Medical Association found that the ap- the Constitution program is run by the The ACLU, which backed this lawsuit plication of responsible gun storage Center for Civic Education with the against the school board, has criticized measures can significantly reduce the help of federal funding. The program those of us who have called for the risk of unintentional shooting or sui- provides an excellent curriculum and school board to appeal the district cide by minors using a gun. According valuable professional development op- court ruling. I do not share the ACLU’s to the study, when ammunition in the portunities for teachers, giving stu- opinion, and more importantly, the home is locked up, the risk of such in- dents a solid grounding in the history, people of Louisiana do not share the juries is reduced by 61 percent. Simply philosophy, and practice of our Amer- ACLU’s opinion. storing ammunition separately from ican system of constitutional democ- It is a fact that Americans often turn the gun reduces such occurrences by racy. The result is young people who to their elected officials for relief, es- more than 50 percent. are more politically aware, more en- pecially after being rebuffed by courts. According to the Brady Campaign to gaged, and more equipped to be good As stated by the nonpartisan Congres- Prevent Gun Violence, teenagers and citizens. sional Research Service: children are involved in more than In closing, I would like to recognize 10,000 accidental shootings in which the Central Academy students who par- With regard to religious liberty, the origin close to 800 people die each year. Re- ticipated in this program, Emily Bur- and growth of an individual’s right to believe ney, Julia Busiek, Kate Conlow, Tim or not believe, and the safeguarding of that ducing the number of accidental shoot- right, have occurred almost entirely outside ings involving children and teenagers Di Iulio, Jon Hill, Lisa Jefferson, Alix the courtroom. The regular political process requires that commonsense gun stor- Liftka-Reselman, Phillip Miller, Ben has protected the religious freedom of mi- age measures be adopted. Miller-Todd, David Nolan, Caroline norities as well as and often better than the Rendon, Andrew Tatge, Erin Turner, courts. During the 108th Congress, I joined Emily Varn, and their teacher, Michael with 69 of my colleagues in voting for Schaffer. They can all be very proud of In short, it is not unusual for Con- Senator BOXER’s trigger lock amend- their knowledge and accomplishments. gress to advance religious liberty be- ment. Senator BOXER’s amendment I would also like to recognize the We yond what is available from the judici- would have required that all handguns the People district coordinator, Ivette ary. sold by a dealer come with a child safe- Bender, and the state coordinator for On April 29 I introduced a resolution, ty device, such as a lock, a lock box, or Iowa, Linda Martin, for their hard S. Res. 132, expressing the United technology built into the gun itself work and dedication to the We the Peo- States Senate’s support for the prac- that would increase the security of the ple program. tice of prayer at the beginning of weapon while in storage. Although the f school board meetings. U.S. Congress- underlying gun industry immunity bill man BOBBY JINDAL has introduced a to which this amendment was attached NOMINATION OF STEVEN JOHNSON similar measure in the U.S. House of was later defeated, the support for Sen- TO BE ADMINISTRATOR OF THE Representatives. ator BOXER’s proposal is clear. ENVIRONMENTAL PROTECTION I want to take this opportunity to Requiring that guns be stored in a re- AGENCY thank Mr. COBURN, Mr. GRASSLEY, and sponsible manner could have prevented Mr. FEINGOLD. Mr. President, I Mr. DEMINT for their cosponsorship of many of the accidental shootings we would like to briefly discuss my vote in S. Res. 132. I urge my other colleagues have seen in Detroit and around the favor of cloture on the nomination of to support this resolution, which recog- country. I am hopeful that Congress Stephen Johnson to be the Adminis- nizes that prayer before school board will work to limit children’s access to trator of the Environmental Protection meetings is a protected act in accord- guns so that fewer families will have to Agency EPA. I have always believed ance with fundamental principles upon endure the loss of their child because of that the President should be granted which this Nation was founded. a preventable accident. significant deference in selecting his

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4643 Cabinet and close advisers. Unlike judi- a difficult, emotional experience. I American original competes in the Re- cial nominees, the EPA Administrator have also been to Walter Reed Army lays. will serve for 4 years at the President’s Hospital and I have seen firsthand the Kip is one of the top-ranked discretion. debilitating injuries suffered by our decathletes in the world, and he is the Furthermore, the President made a troops. oldest active U.S. competitor in this good choice. Stephen Johnson, who has The taxpayer costs of the war are extraordinarily demanding event. The served the country for 24 years as a ca- also staggering. So far, the war and re- decathlon is a 10-event competition reer EPA employee, is a well-qualified construction of Iraq have cost more which takes place over 2 days. It in- nominee who enjoys broad public sup- than $200 billion, and the spigot of tax- cludes the 100-meter dash, long jump, port. When his nomination was consid- payer funds continues to run. Origi- shot put, high jump, 400 meter dash, 110 ered by the Senate Environment and nally, Secretary of Defense Donald meter hurdles, discus, pole vault, jav- Public Works Committee this spring, Rumsfeld told us that war in Iraq elin and 1,500 meter run. Kip began the committee approved his nomina- would cost ‘‘under $50 billion,’’ but due competing in the decathlon in 1983, and tion by a vote of 17–1. He will serve the to a lack of planning and terrible deci- quickly excelled in all 10 events. country well as Administrator of the sions by the Bush administration, the While attending Simpson College, EPA. costs are skyrocketing. Kip competed many times in the Drake I share my colleagues’ concerns This war is tainted by the faulty in- Relays. His first victory came in 1987. about the administration’s refusal to formation that the President provided His 15 championships at the Drake Re- provide the Senate Environment and the Nation and the world about Sad- lays are the most by any athlete in the Public Works Committee with EPA’s dam Hussein’s supposed stockpile of history of that event. In 1998, he was analysis of the clean air bills pending weapons of mass destruction. But our inducted into the Drake Relays Hall of before the Senate. I am proud to co- troops are there and we must support Fame. During his years at Simpson, he sponsor Senator JEFFORDS’ Clean them. And, in my view, we must work earned three NCAA titles in the de- Power Act, and I believe that the ad- to stabilize Iraq and bring our troops cathlon, and two more NCAA titles in ministration’s Clear Skies proposal is home as soon as possible. individual events. He was inducted into woefully inadequate. I agree that the Thanks to groups such as Peace Ac- the Simpson Hall of Fame in 1998, and information Senator CARPER has re- tion, our communities are speaking up the NCAA Division III Track and Field quested from EPA is vitally important about the costs of this war. I hope that Hall of Fame in 2004. to evaluate the differing clean air regu- their activism will bring positive re- Kip’s accomplishments are nothing lation proposals. EPA’s refusal to turn sults for our Nation and for our troops short of amazing. He holds the world over its analysis indicates that its own in Iraq and their families. records in career victories, in scores data do not lend support to the Clear f over 7,000 points, and in consecutive Skies initiative. Disclosure of Govern- finishes. He also holds the world record ment data to the public is a corner- ADDITIONAL STATEMENTS for the double decathlon, a demanding stone of our democracy, and this ad- event involving every event in track ministration has continually at- (At the request of Mr. REID, the fol- and field, except for the marathon and tempted to avoid congressional over- lowing statement was ordered to be walks. sight. I implore Mr. Johnson, on his printed in the RECORD.) Kip won the decathlon at the 1995 Pan American Games. As a member of first day as EPA Administrator, to TRIBUTE TO KIP JANVRIN turn over these documents to the Sen- the U.S. Olympic team at the 2000 ∑ ator CARPER and Senator JEFFORDS. To Mr. HARKIN. Mr. President, I rise Games in Sydney, Australia, he was restore credibility to the agency that today to honor a native Iowan and a re- the oldest decathlete ever to compete is supposed to safeguard human health markable athletic champion, Kip for the United States. In 2001, he won and the environment, Administrator Janvrin. Late last month, just 3 the decathlon at the USA Outdoor Johnson should release this informa- months shy of his 40th birthday, he ac- Championships. Last year, Kip came in tion immediately. complished the amazing feat of win- second at the Drake Relays, the first Nonetheless, I do not believe that the ning the decathlon at the Drake Relays time in 9 years that he did not come in administration’s refusal to provide this for the 15th time. Overall, Kip has fin- first. However, Kip took the loss in information should stand in the way of ished 85 of the 88 decathlons he has en- stride, because the victor was his this qualified nominee leading the Na- tered since 1983. He has won 38 of them, prote´ge´, Travis Goepfert, also a native tion’s Environmental Protection Agen- which is a world record. of Panora, IA. cy. The Drake Relays are one of the Na- Kip is currently in his 15th year as f tion’s most prestigious track and field co-head coach at Central Missouri events, held each spring at Drake Sta- State University in Warrensburg. He SOUTH MOUNTAIN PEACE ACTION dium in Des Moines. This year, the 96th and his wife, Teresa, have two sons, Mr. LAUTENBERG. Mr. President, I annual Drake Relays, Kip took the Jaxon, age 9, and Mason, age 7. rise today to praise a group of my con- field for the last time in an event, the So as Kip Janvrin savors a victory in stituents working toward the noble decathlon, that he has dominated at his final Drake Relays, I extend my goal of peace. This group is called Drake for 22 years. congratulations and best wishes. With South Mountain Peace Action, and its Over the years, the words Drake Re- his self discipline, his commitment to members are active in Maplewood and lays and Kip Janvrin have become vir- excellence, and his enormous human South Orange, NJ. Peace Action mem- tually synonymous. From Jesse Owens decency, he represents Iowa at its very bers have circulated a petition in their to Wilma Rudolph, Gwen Torrance, best. Win or lose, he has always been a community about the war in Iraq. The Carl Lewis and Michael Johnson, the true champion.∑ petition was signed by more than 1,200 Drake Relays have seen almost all of f concerned New Jerseyans, so I think it the great Olympians in track and field. (At the request of Mr. REID, the fol- is important for Congress to take note But one Olympian, Kip Janvrin, has lowing statement was ordered to be of their actions. been a dominant presence for more printed in the RECORD.) The Peace Action petition discusses than two decades, competing in what is the staggering costs of the Iraq War, arguably the most grueling and de- CELEBRATION OF SEX DIF- both in terms of American lives and manding event in all of sports. FERENCES IN HEALTH AWARE- taxpayer dollars. As of today, more If the cheers at Drake are especially NESS DAY than 1,600 American troops have died loud for Kip, it is because he is a native ∑ Mr. HARKIN. Mr. President, May 8 to and nearly 12,000 have been wounded in son of Iowa, raised in Panora and a 14 is National Women’s Health Week action. We have now lost over 50 people graduate of Simpson College in and a time that we should take a care- with ties to New Jersey. I have at- Indianola. It is fitting that the last ful look at the state of women’s health tended several funerals for New Jer- year for the original Drake Stadium in this country and in particular look sey’s fallen soldiers, and each funeral is will also be the last year that this at the lack of equality that still exist

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4644 CONGRESSIONAL RECORD — SENATE May 9, 2005 for women in access to health care. I It is with much appreciation that I public of Liberia, to the Special Court for Si- have long been concerned about the recognize Sarah, Matt, Lauryn, Matt, erra Leone to be tried for war crimes, crimes status of women’s health care policies Stephanie, John, Ben, Stacey and against humanity, and other serious viola- in the United States. That is why I Kathryn for their hard work this tions of international humanitarian law. have supported several bills and policy spring. It has been a delight to watch The message further announced that changes to improve women’s health them take on their assignments with the House has agreed to the following status. enthusiasm and hard work. I am very bills and joint resolution, in which it For too long, the Federal Govern- proud to have worked with each of requests the concurrence of the Senate: ment failed to recognize the health dif- them. I hope they take from their ferences between men and women. For spring a sense of pride in what they example, for many years clinical trials have been able to accomplish, as well H.R. 1082. An act to designate the facility run by the Food and Drug Administra- as an increased interest in public serv- of the United States Postal Service located tion, FDA, often excluded women. As a ice and our democratic system and at 120 East Illinois Avenue in Vinita, Okla- result, safety and efficacy standards ∑ homa, as the ‘‘Francis C. Goodpaster Post process. Office Building’’. failed to take into account the physio- f logical differences between men and H.R. 1185. An act to reform the Federal de- women. That is why I have worked MESSAGES FROM THE PRESIDENT posit insurance system, and for other pur- with the FDA to increase the number Messages from the President of the poses. of women included in these important United States were communicated to H.R. 1542. An act to designate the facility clinical trials. the Senate by Ms. Evans, one of his of the United States Postal Service located One way to ensure that we continue secretaries. at 695 Pleasant Street in New Bedford, Mas- sachusetts, as the ‘‘Honorable Judge George to make steady improvements on wom- f en’s health issues is to ensure that our N. Leighton Post Office Building’’. EXECUTIVE MESSAGES REFERRED public health agencies work in a co- H.J. Res. 47. Joint resolution increasing ordinated manner to consider the pub- As in executive session the Presiding the statutory limit on the public debt. lic health impact on women of a range Officer laid before the Senate messages from the President of the United The message also announced that the of health issues. We can accomplish House agree to the report of the com- this goal by passing the Women’s States submitting sundry nominations which were referred to the appropriate mittee of conference on the disagreeing Health Offices Act, which statutorily votes of the two Houses on the amend- establishes Offices of Women’s Health committees. ments of the Senate to the bill (H.R. at all of our public health agencies. (The nominations received today are While we have made progress we need printed at the end of the Senate pro- 1268) making emergency supplemental to continue efforts to focus on the fact ceedings.) appropriations for the fiscal year end- that women’s health research is key to f ing September 30, 2005, to establish and rapidly implement regulations for the future of improving and saving MESSAGE FROM THE HOUSE State driver’s license and identifica- more lives. As a result of such re- DURING ADJOURNMENT search, death rates have decreased for tion document security standards, to women with tumors of the cervix, prevent terrorists from abusing the breast, uterus, and ovary. Quality of ENROLLED JOINT RESOLUTIONS asylum laws of the United States, to life has also improved for cancer pa- SIGNED unify terrorism-related grounds for in- tients through the development of less Under authority of the order of the admissibility and removal, to ensure invasive surgical techniques, organ- Senate of January 4, 2005, the Sec- expeditions construction of the San sparing treatments, and better control retary of the Senate, on May 4, 2005, Diego border fence, and for other pur- of pain and nausea related to chemo- during the adjournment of the Senate, poses. therapy. received a message from the House of The message further announced that Women’s health is an issue I take Representatives announcing that the pursuant to section 101(f)(3) of the very seriously. My two sisters both had Speaker has signed the following en- Ticket to Work and Work Incentives breast cancer and died of the disease, rolled joint resolutions: Improvement Act of 1999 (42 U.S.C. in a time before regular mammograms H.J. Res. 19. Joint Resolution providing for 1320b–19), the Minority Leader appoints and improved treatment methods were the appointment of Shirley Ann Jackson as widely used or available. the following member on the part of a citizen regent of the Board of Regents of the House of Representatives to the I believe that we must work together the Smithsonian Institution. in a bipartisan manner to refashion our H.J. Res. 20. Joint Resolution providing for Ticket to Work and Work Incentives health care system so that all Ameri- the appointment of Robert P. Kogod as a cit- Advisory Panel: Ms. Loretta Goff of cans, especially women, have access to izen regent of the Board of Regents of the New York. the high quality care they deserve at Smithsonian Institution. The message also announced that an affordable price.∑ Under the authority of the order of pursuant to 44 U.S.C. 2702, and the f January 4, 2005, the enrolled joint reso- order of the House of January 4, 2005, (At the request of Mr. REID, the fol- lutions were signed by the Acting the Speaker reappoints the following lowing statement was ordered to be President pro tempore (Mr. WARNER) member on the part of the House of printed in the RECORD.) during the adjournment of the Senate, Representatives to the Advisory Com- TRIBUTE TO INTERNS on May 4, 2005. mittee on the Records of Congress: Mr. ∑ Mr. HARKIN. Mr. President, today I f Timothy J. Johnson or Minnetonka, extend my appreciation to my spring MESSAGE FROM THE HOUSE Minnesota. 2005 class of interns: Sarah Krantz, At 2:03 p.m., a message from the The message further (42 U.S.C. 1975 Matt Hill, Lauryn Douglas, Matt House of Representatives, delivered by note), the order of the House of Janu- Drake, Stephanie Strasko, John Ander- Ms. Niland, one its reading clerks, an- ary 4, 2005, and upon the recommenda- son, Ben Taylor, Stacey Shin and nounced that the House has agreed to tion of the Minority Leader, the Speak- Kathryn Anderson. Each of them has the concurrent resolution (S. Con. Res. er reappoints the following member on been of tremendous assistance to me 29) providing for a conditional adjourn- the part of the House of Representa- and to the people of Iowa over the past ment or recess of the Senate, without tives to the Commission on Civil several months. amendment. Rights for a six year term expiring Since I was first elected to the Sen- The message also announced that the ate in 1984, my office has offered in- May 3, 2011: Mr. Michael Yaki of San House has agreed to the following con- Francisco, California. ternships to young Iowans and other current resolution, in which it requests interested students. Through their the concurrence of the Senate: The message also announced that work in the Senate, our interns have H. Con. Res. 127. Concurrent resolution pursuant to 44 U.S.C. 2702, and the not only seen the legislative process, calling on the Government of the Federal order of the House of January 4, 2005, but also personally contributed to our Republic of Nigeria to transfer Charles the Minority Leader appoints the fol- Nation’s democracy. Ghankay Taylor, former President of the Re- lowing member on the part of the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4645 House of Representatives to the Advi- proposed legislation relative to the amend- EC–2034. A communication from the Chair- sory Committee on the Records of Con- ment of section 161k of the Atomic Energy man, Appraisal Subcommittee, Federal Fi- gress: Dr. Joseph Cooper of Maryland. Act of 1954, received on May 4, 2005; to the nancial Institutions Examination Council, Committee on Energy and Natural Re- transmitting, pursuant to law, the 2004 An- MEASURES REFERRED sources. nual Report of the Appraisal Subcommittee EC–2021. A communication from the Ad- of the Federal Financial Institutions Exam- The following bills and joint resolu- ministrator, Small Business Administration, ination Council; received on May 3, 2005; to tion were read the first and the second transmitting, pursuant to law, a report of a the Committee on Banking, Housing, and times by unanimous consent, and re- violation of the Antideficiency Act; to the Urban Affairs. ferred as indicated: Committee on Appropriations. EC–2035. A communication from the Assist- H.R. 1082. An act to designate the facility EC–2022. A message from the President of ant Secretary, Division of Investment Man- of the United States Postal Service located the United States, transmitting, pursuant to agement, Securities and Exchange Commis- at 120 East Illinois Avenue in Vinita, Okla- law, a report relative to the District of Co- sion, transmitting, pursuant to law, the re- homa, as the ‘‘Francis C. Goodpaster Post lumbia Appropriations Act of 2005; to the port of a rule entitled ‘‘Certain Broker-Deal- ers Deemed Not To Be Investment Advisers’’ Office Building’’; to the Committee on Committee on Appropriations. (RIN3235–AH78) received on May 3, 2005; to Homeland Security and Governmental Af- EC–2023. A communication from the Asso- the Committee on Banking, Housing, and fairs. ciate Attorney General, Department of Jus- Urban Affairs. H.R. 1185. An act to reform the Federal de- tice, transmitting, pursuant to law, a report on certain activities pertaining to the Free- EC–2036. A communication from the Dep- posit insurance system, and for other pur- uty Secretary, Office of the General Counsel, poses; to the Committee on Banking, Hous- dom of Information Act (FOIA); to the Com- mittee on the Judiciary. Securities and Exchange Commission, trans- ing, and Urban Affairs. mitting, pursuant to law, the report of a rule H.R. 1542. An act to designate the facility EC–2024. A communication from the Dep- uty Assistant Administrator, Office of Diver- entitled ‘‘Adjustments to Civil Monetary of the United States Postal Service located Penalty Amounts’’ received on May 3 2005; to at 695 Pleasant Street in New Bedford, Mas- sion Control, Department of Justice transmitting, pursuant to law, the report of a rule the Committee on Banking, Housing, and sachusetts, as the ‘‘Honorable Judge George Urban Affairs. N. Leighton Post Office Building’’; to the entitled ‘‘Schedules of Controlled Sub- stances: Placement of Zopiclone into Sched- EC–2037. A communication from the Gen- Committee on Homeland Security and Gov- eral Council, Federal Emergency Manage- ernmental Affairs. ule IV’’ (Docket No. DEA-262F) received on May 3, 2005; to the Committee on the Judici- ment Agency, Department of Homeland Se- H.J. Res. 47. Joint resolution increasing curity, transmitting, pursuant to law, the re- the statutory limit on the public debt; to the ary. EC–2025. A communication from the White port of a rule entitled ‘‘Changes in Flood Committee on Finance. House Liaison and Executive Director, White Elevation Determinations’’ (44 CFR 65) re- MEASURES PLACED ON THE House Commission on the National Moment ceived on May 3, 2005; to the Committee on CALENDAR of Remembrance, transmitting, pursuant to Banking, Housing, and Urban Affairs. law, the third Annual Report of the White EC–2038. A communication from the Gen- The following bill was read the sec- House Commission on the National Moment eral Council, Federal Emergency Manage- ond time, and placed on the calendar: of Remembrance; to the Committee on the ment Agency, Department of Homeland Se- curity, transmitting, pursuant to law, the re- S. 975. A bill to provide incentives to in- Judiciary. port of a rule entitled ‘‘Suspension of Com- crease research by private sector entities to EC–2026. A communication from the Assist- munity Eligibility’’ ((44 CFR 64) (Docket No. develop medical countermeasures to prevent, ant Attorney General, Office of Legislative FEMA–7861)) received on May 3, 2005; to the detect, identify, contain, and treat illnesses, Affairs, Department of Justice, transmit- Committee on Banking, Housing, and Urban including those associated with biological, ting, pursuant to law, the Office of the Po- Affairs. chemical, nuclear, or radiological weapons lice Corps and Law Enforcement Education Calendar Year 2003 Annual Report; to the EC–2039. A communication from the Direc- attack or an infectious disease outbreak, and tor, Regulations Management, Veterans Ben- for other purposes. Committee on the Judiciary. EC–2027. A communication from the Chief efits Administration, Department of Vet- f Counsel, Foreign Claims Settlement Com- erans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Presumption of MEASURES READ THE FIRST TIME mission of the United States, Department of Justice, transmitting the annual report for Sound Condition: Aggravation of a Disability The following bill was read the first 2004; to the Committee on the Judiciary. by Active Service’’ (RIN2900–AL90) received time: EC–2028. A communication from the Chief on May 3, 2005; to the Committee on Vet- erans’ Affairs. S. 981. A bill to ensure that a Federal em- Executive Officer, Federal Bureau of Prisons, Department of Justice, transmitting, pursu- EC–2040. A communication from the Direc- ployee who takes leave without pay in order tor, Regulations Management, Veterans Ben- to perform service as a member of the uni- ant to law, the Federal Prison Industries, Inc. Fiscal Year 2004 Annual Report; to the efits Administration, Department of Vet- formed services or member of the National erans Affairs, transmitting, pursuant to law, Guard shall continue to receive pay in an Committee on the Judiciary. EC–2029. A communication from the Sec- the report of a rule entitled ‘‘Elimination of amount which, when taken together with the Copayment for Smoking Cessation Coun- pay and allowances such individual is receiv- retary, Judicial Conference of the United States, transmitting, a draft of proposed leg- seling’’ (RIN2900–AM11) received on May 3, ing for such service, will be no less than the 2005; to the Committee on Veterans’ Affairs. basic pay such individual would then be re- islation entitled ‘‘Federal Courts Jurisdic- tion Clarification Act of 2005’’; to the Com- EC–2041. A communication from the Direc- ceiving if no interruption in employment tor, Regulations Management, Veterans Ben- had occurred. mittee on the Judiciary. EC–2030. A communication from the Chair- efits Administration, Department of Vet- f man, United States Sentencing Commission, erans Affairs, transmitting, pursuant to law, transmitting, pursuant to law, the report on the report of a rule entitled ‘‘Loan Guar- EXECUTIVE AND OTHER amendments to federal sentencing guide- anty: Hybrid Adjustable Rate Mortgages’’ COMMUNICATIONS lines, policy statements and official com- (RIN2900–AL54) received on May 3, 2005; to The following communications were mentary; to the Committee on the Judiciary. the Committee on Veterans’ Affairs. laid before the Senate, together with EC–2031. A communication from the Chief f accompanying papers, reports, and doc- Judge, United States Court of Federal Claims, transmitting, pursuant to law, a re- INTRODUCTION OF BILLS AND uments, and were referred as indicated: port relative to J.L. Simmons, Inc. v. United JOINT RESOLUTIONS EC–2018. A communication from the Spe- States; to the Committee on the Judiciary. The following bills and joint resolu- cial Trustee for American Indians, Depart- EC–2032. A communication from the Dep- ment of the Interior, transmitting, a draft uty Assistant Attorney General, Office of tions were introduced, read the first bill entitled ‘‘Individual Indian Money Ac- Legal Policy, Department of Justice, trans- and second times by unanimous con- count Pool Adjustment Act of 2005’’ received mitting, pursuant to law, the report of a rule sent, and referred as indicated: on May 4, 2005; to the Committee on Indian entitled ‘‘Preservation of Biological Evi- By Mr. BURNS: Affairs. dence under 18 U.S.C. 3600A’’ ((OAG 109) S. 977. A bill to include claims for injuries EC–2019. A communication from the Sec- (RIN1105–AB10)) received on May 3, 2005; to and death due to exposure during certain retary of the Interior, transmitting, pursu- the Committee on the Judiciary. time periods from fallout emitted during the ant to law, the Department’s Annual Report EC–2033. A communication from the Sec- Government’s above-ground nuclear tests in for Fiscal Year 2004 entitled ‘‘Outer Conti- retary of the Treasury, transmitting, pursu- Nevada that exposed individuals who lived in nental Shelf Lease Sales: Evaluation of Bid- ant to law, a six month periodic report in the the downwind affected area in the State of ding Results’’; to the Committee on Energy national emergency with respect to Sudan Montana; to the Committee on Health, Edu- and Natural Resources. that was declared in Executive Order 13067; cation, Labor, and Pensions. EC–2020. A communication from the Sec- to the Committee on Banking, Housing, and By Mr. SANTORUM (for himself and retary of Energy, transmitting, a report of Urban Affairs. Mr. DEMINT):

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4646 CONGRESSIONAL RECORD — SENATE May 9, 2005 S. 978. A bill to amend the Internal Rev- S. 103 (Mr. SARBANES) and the Senator from enue Code of 1986 to provide tax incentives At the request of Mr. TALENT, the Illinois (Mr. DURBIN) were added as co- for the purchase of qualified health insur- names of the Senator from West Vir- sponsors of S. 438, a bill to amend title ance, and for other purposes; to the Com- ginia (Mr. ROCKEFELLER) and the Sen- XVIII of the Social Security Act to re- mittee on Finance. ator from South Dakota (Mr. JOHNSON) By Mr. AKAKA: peal the medicare outpatient rehabili- S. 979. A bill to strengthen United States were added as cosponsors of S. 103, a tation therapy caps. capabilities to secure sealed sources of nu- bill to respond to the illegal produc- S. 471 tion, distribution, and use of meth- clear materials from terrorists; to the Com- At the request of Mr. SPECTER, the amphetamine in the United States, and mittee on Energy and Natural Resources. names of the Senator from Wisconsin By Mr. NELSON of Florida: for other purposes. (Mr. KOHL) and the Senator from New S. 980. A bill to provide state and local gov- S. 173 York (Mr. SCHUMER) were added as co- ernments with financial assistance that will At the request of Mr. DURBIN, the sponsors of S. 471, a bill to amend the increase their ability and effectiveness in name of the Senator from California monitoring convicted sex offenders by devel- Public Health Service Act to provide (Mrs. BOXER) was added as a cosponsor oping and implementing a program using for human embryonic stem cell re- of S. 173, a bill to amend title XVIII of global positioning systems to monitor con- search. victed sexual offenders or sexual predators the Social Security Act to provide ade- S. 484 released from confinement; to the Com- quate coverage for immunosuppressive mittee on the Judiciary. drugs furnished to beneficiaries under At the request of Mr. WARNER, the By Mr. DURBIN (for himself, Ms. MI- the Medicare program that have renames of the Senator from Georgia KULSKI, Mr. ALLEN, Ms. LANDRIEU, ceived an organ transplant. (Mr. ISAKSON), the Senator from South Mr. LEAHY, Mr. SARBANES, Mr. BINGA- S. 185 Carolina (Mr. GRAHAM), the Senator MAN, Mr. LAUTENBERG, and Mr. At the request of Mr. NELSON of Flor- from Illinois (Mr. DURBIN) and the Sen- KERRY): ida, the names of the Senator from Ne- ator from Louisiana (Ms. LANDRIEU) S. 981. A bill to ensure that a Federal em- were added as cosponsors of S. 484, a ployee who takes leave without pay in order braska (Mr. NELSON) and the Senator to perform service as a member of the uni- from Massachusetts (Mr. KERRY) were bill to amend the Internal Revenue formed services or member of the National added as cosponsors of S. 185, a bill to Code of 1986 to allow Federal civilian Guard shall continue to receive pay in an amend title 10, United States Code, to and military retirees to pay health in- amount which, when taken together with the repeal the requirement for the reduc- surance premiums on a pretax basis pay and allowances such individual is receiv- tion of certain Survivor Benefit Plan and to allow a deduction for TRICARE ing for such service, will be no less than the annuities by the amount of dependency supplemental premiums. basic pay such individual would then be re- and indemnity compensation and to S. 558 ceiving if no interruption in employment had occurred; read the first time. modify the effective date for paid-up At the request of Mr. REID, the name By Ms. COLLINS: coverage under the Survivor Benefit of the Senator from Massachusetts S. 982. A bill to suspend temporarily the Plan. (Mr. KERRY) was added as a cosponsor duty on certain rayon staple fibers; to the S. 331 of S. 558, a bill to amend title 10, Committee on Finance. At the request of Mr. JOHNSON, the United States Code, to permit certain By Mr. DEMINT: name of the Senator from Colorado additional retired members of the S. 983. A bill to amend the National Labor (Mr. SALAZAR) was added as a cospon- Armed Forces who have a service-con- Relations Act to protect employer rights; to sor of S. 331, a bill to amend title 38, the Committee on Health, Education, Labor, nected disability to receive both dis- and Pensions. United States Code, to provide for an ability compensation from the Depart- assured adequate level of funding for ment of Veterans Affairs for their dis- f veterans health care. ability and either retired pay by reason SUBMISSION OF CONCURRENT AND S. 333 of their years of military service or SENATE RESOLUTIONS At the request of Mr. SANTORUM, the Combat-Related Special compensation name of the Senator from Oklahoma and to eliminate the phase-in period The following concurrent resolutions (Mr. COBURN) was added as a cosponsor under current law with respect to such and Senate resolutions were read, and of S. 333, a bill to hold the current re- concurrent receipt. referred (or acted upon), as indicated: gime in Iran accountable for its threat- S. 602 By Ms. CANTWELL (for herself, Ms. ening behavior and to support a transi- At the request of Ms. MIKULSKI, the COLLINS, Mr. AKAKA, Mr. BAUCUS, Mr. tion to democracy in Iran. name of the Senator from Arkansas WARNER, Mr. DURBIN, and Ms. S. 380 SNOWE): (Mr. PRYOR) was added as a cosponsor At the request of Ms. COLLINS, the of S. 602, a bill to amend the Public S. Res. 133. A resolution recognizing the name of the Senator from Virginia (Mr. 13th Annual National Association of Letter Health Service Act to fund break- WARNER) was added as a cosponsor of S. Carriers Food Drive; to the Committee on throughs in Alzheimer’s disease re- 380, a bill to amend the Public Health the Judiciary. search while providing more help to Service Act to establish a State family By Mr. SMITH (for himself and Mr. caregivers and increasing public edu- IDEN support grant program to end the prac- B ): cation about prevention. S. Res. 134. A resolution expressing the tice of parents giving legal custody of sense of the Senate regarding the massacre their seriously emotionally disturbed S. 633 at Srebrenica in July 1995; to the Committee children to State agencies for the pur- At the request of Mr. JOHNSON, the on Foreign Relations. pose of obtaining mental health serv- names of the Senator from Arizona f ices for those children. (Mr. MCCAIN), the Senator from Mis- S. 420 sissippi (Mr. LOTT), the Senator from ADDITIONAL COSPONSORS At the request of Mr. KYL, the name California (Mrs. FEINSTEIN) and the S. 98 of the Senator from Georgia (Mr. ISAK- Senator from New York (Mr. SCHUMER) At the request of Mr. ALLARD, the SON) was added as a cosponsor of S. 420, were added as cosponsors of S. 633, a names of the Senator from Georgia a bill to make the repeal of the estate bill to require the Secretary of the (Mr. CHAMBLISS) and the Senator from tax permanent. Treasury to mint coins in commemora- Kansas (Mr. BROWNBACK) were added as S. 432 tion of veterans who became disabled cosponsors of S. 98, a bill to amend the At the request of Mr. ALLEN, the for life while serving in the Armed Bank Holding Company Act of 1956 and name of the Senator from Alaska (Ms. Forces of the United States. the Revised Statutes of the United MURKOWSKI) was added as a cosponsor S. 637 States to prohibit financial holding of S. 432, a bill to establish a digital At the request of Mr. DURBIN, the companies and national banks from en- and wireless network technology pro- name of the Senator from California gaging, directly or indirectly, in real gram, and for other purposes. (Mrs. BOXER) was added as a cosponsor estate brokerage or real estate man- S. 438 of S. 637, a bill to establish a national agement activities, and for other pur- At the request of Mr. ENSIGN, the health program administered by the poses. names of the Senator from Maryland Office of Personnel Management to

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4647 offer health benefits plans to individ- enue Code of 1986 to repeal the 1993 in- (Mr. COLEMAN), the Senator from Iowa uals who are not Federal employees, come tax increase on Social Security (Mr. HARKIN), the Senator from Colo- and for other purposes. benefits. rado (Mr. SALAZAR) and the Senator S. 642 S. 784 from Indiana (Mr. LUGAR) were added At the request of Mr. FRIST, the At the request of Mr. THOMAS, the as cosponsors of S. 918, a bill to provide name of the Senator from Arkansas name of the Senator from Arkansas for Flexible Fuel Vehicle (FFV) refuel- (Mr. PRYOR) was added as a cosponsor (Mr. PRYOR) was added as a cosponsor ing capability at new and existing re- of S. 642, a bill to support certain na- of S. 784, a bill to amend title XVIII of fueling station facilities to promote tional youth organizations, including the Social Security Act to provide for energy security and reduction of green- the Boy Scouts of America, and for the coverage of marriage and family house gas emissions. other purposes. therapist services and mental health S. 927 S. 681 counselor services under part B of the At the request of Mr. CORZINE, the At the request of Mr. HATCH, the medicare program, and for other pur- name of the Senator from Washington names of the Senator from Maine (Ms. poses. (Ms. CANTWELL) was added as a cospon- COLLINS) and the Senator from New S. 798 sor of S. 927, a bill to amend title XVIII York (Mr. SCHUMER) were added as co- At the request of Mr. FEINGOLD, the of the Social Security Act to expand sponsors of S. 681, a bill to amend the name of the Senator from Illinois (Mr. and improve coverage of mental health Public Health Service Act to establish OBAMA) was added as a cosponsor of S. services under the medicare program. a National Cord Blood Stem Cell Bank 798, a bill to amend the Family and S.J. RES. 15 Network to prepare, store, and dis- Medical Leave Act of 1993 and title 5, At the request of Mr. BROWNBACK, the tribute human umbilical cord blood United States Code, to provide entitle- name of the Senator from Hawaii (Mr. stem cells for the treatment of patients ment to leave to eligible employees AKAKA) was added as a cosponsor of and to support peer-reviewed research whose spouse, son, daughter, or parent S.J. Res. 15, a joint resolution to ac- using such cells. is a member of the Armed Forces who knowledge a long history of official S. 757 is serving on active duty in support of depredations and ill-conceived policies At the request of Mr. CHAFEE, the a contingency operation or who is noti- by the United States Government renames of the Senator from New Jersey fied of an impending call or order to garding Indian tribes and offer an apol- (Mr. CORZINE), the Senator from Iowa active duty in support of a contingency ogy to all Native Peoples on behalf of (Mr. HARKIN), the Senator from Wash- operation, and for other purposes. the United States. S. 799 ington (Mrs. MURRAY), the Senator S. CON. RES. 11 from New Mexico (Mr. BINGAMAN), the At the request of Mr. KENNEDY, the At the request of Mr. SESSIONS, the name of the Senator from Illinois (Mr. Senator from Massachusetts (Mr. KEN- names of the Senator from Georgia NEDY), the Senator from Mississippi DURBIN) was added as a cosponsor of S. (Mr. ISAKSON) and the Senator from (Mr. COCHRAN), the Senator from Ohio 799, a bill to amend the Public Health Mississippi (Mr. COCHRAN) were added Service Act to provide for the coordi- (Mr. DEWINE), the Senator from Vir- as cosponsors of S. Con. Res. 11, a con- nation of Federal Government policies ginia (Mr. WARNER), the Senator from current resolution honoring the and activities to prevent obesity in Minnesota (Mr. COLEMAN), the Senator Tuskegee Airmen for their bravery in childhood, to provide for State child- from New Jersey (Mr. LAUTENBERG), fighting for our freedom in World War hood obesity prevention and control, the Senator from Minnesota (Mr. DAY- II, and for their contribution in cre- and to establish grant programs to pre- TON), the Senator from Delaware (Mr. ating an integrated United States Air vent childhood obesity within homes, BIDEN), the Senator from Ohio (Mr. Force. VOINOVICH), the Senator from South schools, and communities. S. CON. RES. 19 Dakota (Mr. JOHNSON) and the Senator S. 809 At the request of Mr. CHAMBLISS, the from Arizona (Mr. MCCAIN) were added At the request of Mr. LAUTENBERG, as cosponsors of S. 757, a bill to amend the name of the Senator from New names of the Senator from Maine (Ms. COLLINS) and the Senator from Lou- the Public Health Service Act to au- York (Mrs. CLINTON) was added as a co- thorize the Director of the National In- sponsor of S. 809, a bill to establish cer- isiana (Mr. VITTER) were added as co- stitute of Environmental Health tain duties for pharmacies when phar- sponsors of S. Con. Res. 19, a concur- Sciences to make grants for the devel- macists employed by the pharmacies rent resolution expressing the sense of opment and operation of research cen- refuse to fill valid prescriptions for the Congress regarding the importance ters regarding environmental factors drugs or devices on the basis of per- of life insurance and recognizing and that may be related to the etiology of sonal beliefs, and for other purposes. supporting National Life Insurance Awareness Month. breast cancer. S. 895 S. CON. RES. 30 S. 758 At the request of Mr. DOMENICI, the At the request of Mr. ALLEN, the name of the Senator from North Da- At the request of Mr. DURBIN, the name of the Senator from Georgia (Mr. kota (Mr. DORGAN) was added as a co- names of the Senator from Wisconsin ISAKSON) was added as a cosponsor of S. sponsor of S. 895, a bill to direct the (Mr. KOHL) and the Senator from Con- 758, a bill to amend the Internal Rev- Secretary of the Interior to establish a necticut (Mr. DODD) were added as co- enue Code of 1986 to ensure that the rural water supply program in the Rec- sponsors of S. Con. Res. 30, a concur- federal excise tax on communication lamation States to provide a clean, rent resolution to express the sense of services does not apply to internet ac- safe affordable, and reliable water sup- Congress concerning the provision of cess service. ply to rural residents. health insurance coverage to all Amer- S. 760 S. 914 icans. At the request of Mr. INOUYE, the At the request of Mr. ALLARD, the S. RES. 86 names of the Senator from Hawaii (Mr. names of the Senator from Colorado At the request of Mr. HAGEL, the AKAKA) and the Senator from North (Mr. SALAZAR) and the Senator from name of the Senator from Massachu- Dakota (Mr. DORGAN) were added as co- Minnesota (Mr. DAYTON) were added as setts (Mr. KERRY) was added as a cosponsors of S. 760, a bill to amend the cosponsors of S. 914, a bill to amend the sponsor of S. Res. 86, a resolution des- Public Health Service Act to provide a Public Health Service Act to establish ignating August 16, 2005, as ‘‘National means for continued improvement in a competitive grant program to build Airborne Day’’. emergency medical services for chil- capacity in veterinary medical edu- S. RES. 116 dren. cation and expand the workforce of At the request of Mrs. DOLE, the S. 774 veterinarians engaged in public health name of the Senator from Georgia (Mr. At the request of Mr. BUNNING, the practice and biomedical research. CHAMBLISS) was added as a cosponsor of name of the Senator from Idaho (Mr. S. 918 S. Res. 116, a resolution commemo- CRAPO) was added as a cosponsor of S. At the request of Mr. OBAMA, the rating the life, achievements, and con- 774, a bill to amend the Internal Rev- names of the Senator from Minnesota tributions of Frederick C. Branch.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4648 CONGRESSIONAL RECORD — SENATE May 9, 2005 S. RES. 131 dine-131 manifests itself as thyroid can- Since September 11, 2001, the Con- At the request of Mr. SALAZAR, his cer. I’ve had cancer, and I understand gress has faced the challenge of antici- name was added as a cosponsor of S. the physical, mental and emotional pating where the next attack on the Res. 131, a resolution commemorating pain that follows this terrible disease. I United States will come from and in and acknowledging the dedication and know the pain, and it is time that the what form it will come. It is important sacrifice made by the men and women government made right the harm it has to weigh where to invest precious secu- who have lost their lives while serving caused to people in my State of Mon- rity resources, knowing everything as law enforcement officers. tana. can’t be protected. Many S. RES. 132 In 1990, the Radiation Exposure Com- vulnerabilities deserve serious atten- pensation Act or RECA was signed into tion. Some can be addressed with rel- At the request of Mr. VITTER, the name of the Senator from Iowa (Mr. law. This measure provided financial ative ease. compensation for victims living down- Thousands of unwanted sealed radio- GRASSLEY) was added as a cosponsor of active sources are currently held by S. Res. 132, a resolution expressing sup- wind of the Nevada Test Site to the tune of $50,000 per person. The law cov- the private sector, research institu- port for prayer at school board meet- ered select counties in Nevada, Utah tions, and medical laboratories where ings. and Arizona. Later, this Act was these sources are generally unpro- AMENDMENT NO. 580 amended to include compensation for tected and accessible. An April 2003 re- At the request of Mr. VOINOVICH, the uranium miners in Washington, Or- port I requested from the Government names of the Senator from Colorado egon, Idaho, Wyoming, North Dakota, Accountability Office, GAO, entitled (Mr. SALAZAR) and the Senator from South Dakota, Utah, Colorado, Ari- ‘‘Nuclear Proliferation: DOE Action Michigan (Mr. LEVIN) were added as co- zona, New Mexico and Texas. Needed to Ensure Continued Recovery sponsors of amendment No. 580 in- However, Montana, with 15 of the 25 of Unwanted Sealed Radioactive tended to be proposed to H.R. 3, a bill counties with the highest dosage, Sources,’’ stated that ‘‘if these sealed Reserved. Meagher, Broadwater, Beaverhead, Jef- sources fell into the hands of terror- AMENDMENT NO. 588 ferson, Powell, Judith Basin, Madison, ists, they could be used as simple and At the request of Mr. VOINOVICH, the Fergus, Gallatin, Petroleum, Lewis and crude but potentially dangerous radio- names of the Senator from Michigan Clark, Blaine, Silver Bow, Chouteau logical weapons, commonly called (Ms. STABENOW) and the Senator from and Deer Lodge, single most affected dirty bombs.’’ Most experts agree that Ohio (Mr. DEWINE) were added as co- county in the United States, Meagher, it would not require much scientific sponsors of amendment No. 588 in- is the only State in the affected region expertise or funding to cobble together tended to be proposed to H.R. 3, a bill to receive no RECA compensation at a dirty bomb from radioactive mate- Reserved. all. If that doesn’t sound right, it’s be- rial. In other words, the required materials are accessible and the assembly is f cause it’s not. Montanans have experienced unbe- relatively rudimentary. STATEMENTS ON INTRODUCED lievably high rates of thyroid cancer. The GAO report focused on greater- BILLS AND JOINT RESOLUTIONS Between 1989 and 2003, the national than-class-C, GTCC, sealed sources. By Mr. BURNS: rate of thyroid cancer increased by 38 GTCC radiological sources are the S. 977. A bill to include claims for in- percent. In that same timeframe, Mon- ‘‘high end’’ of the continuum of low- juries and death due to exposure during tana’s rate increased by a whopping 127 level radioactive waste. Class A, B, and certain time periods form fallout emit- percent. And yet, Montana is the only C wastes can generally be disposed of ted during the Government’s above- State in the region that is excluded at existing commercial disposal facili- ground nuclear tests in Nevada that ex- from RECA. In 2000, the rate of re- ties. But wastes that exceed the Nu- posed individuals who lived in the ported thyroid cancer in Montana was clear Regulatory Commission’s criteria for Class C, known as greater-than- downwind affected area in the State of 17.5 times greater than the national class-C wastes, are potent enough that Montana; to the Committee on Health, rate. And yet, Montana is the only they cannot be disposed of at existing Education, Labor, and Pensions. State in the region that is excluded facilities. While GTCC wastes are not Mr. BURNS. Mr. President, in Mon- from RECA. as dangerous as high-level radioactive tana, when someone does something to On April 28, 2005, at the request of waste and therefore are not considered hurt someone else, they make it right. Congress, a report was released by the the highest security priority, they are Not just because it is the right thing to National Academy of Sciences. The 500- the most potent of low level waste and do, but because in this State we shoot page report confirms the inadequacy of necessitate progressively more strin- straight and take responsibility for our current RECA compensation. Most importantly, it supports the fact that gent disposal requirements. actions that’s why I’m working to Montana was one of the worst affected The Low-Level Radioactive Waste bring some of that Montana ethic to States. The fact is that folks in Mon- Policy Amendments of 1985, P.L. 99–240, Washington to get the Federal Govern- tana were involuntarily subjected to required the Department of Energy, ment to make amends for actions that increased risk of injury and disease in DOE, to provide a facility for disposing have caused too many Montanans great order to serve the national security in- of all GTCC radioactive waste, includ- pain and suffering. terests of the United States. Moreover, ing GTCC sealed sources that are no Nuclear testing in Nevada during the they deserve our compassion and sup- longer utilized by their owners. GAO 1950’s threw blooms of radioactive Io- port. I strongly encourage my col- found that little to no work had been dine-131, I–131, high into the atmos- leagues to support the expansion of done to designate a permanent disposal phere. Those who were affected are RECA to my State of Montana. site. Although DOE has said that the sometimes referred to as ‘‘Down Wind- facility will be up and running by 2007, ers’’ because the wind carried the poi- By Mr. AKAKA: it seems unlikely as they have only sonous iodine north to Montana where S. 979. A bill to strengthen United just begun the necessary environ- gravity finally kicked in and the radio- States capabilities to secure sealed mental impact statement process. active material settled to the ground. sources of nuclear materials from ter- In 1999, DOE created the Off-Site It eventually got into the milk sup- rorists; to the Committee on Energy Source Recovery Project, OSRP, to reply—one of the primary sources of Io- and Natural Resources. cover unwanted GTCC sealed sources dine 131—and disproportionately af- Mr. AKAKA. Mr. President, I rise and temporarily house them at the De- fected milk drinkers. And who drinks today to introduce the Safe Storage of partment of Energy’s Los Alamos Na- milk? Children and babies, who are the Radiological Materials Act of 2005 to tional Laboratory. According to GAO most vulnerable in society. prevent sealed radioactive sources, testimony before the Senate Energy Iodine-131 is absorbed by the thy- which can be used to create ‘‘dirty Committee in September 2004, approxi- roid—the organ of the body that uses bombs,’’ from getting into the hands of mately 10,000 GTCC sealed sources from iodine to produce important hormones. terrorists. This bill is similar to S. about 160 sites across the U.S. had been It can take between 20 and 40 years, but 1045, the Low-Level Radioactive Waste recovered to date. However, approxi- eventually the damage caused by Io- Act, which I introduced in 2003. mately 8,000 sources still remained in

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4649 insecure facilities at the time of the S. 979 greater-than-Class C low-level radioactive hearing. Be it enacted by the Senate and House of Rep- waste that was submitted by the Secretary to Congress in February 1987; and The job is not done, but the National resentatives of the United States of America in Congress assembled, (ii) await action by Congress. Nuclear Security Administration (2) SHORT-TERM PLAN FOR RECOVERY AND (NNSA), the division within DOE re- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Safe Storage STORAGE.— sponsible for the U.S. Radiological of Radiological Materials Act of 2005’’. (A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Threat Reduction, USRTR, previously SEC. 2. DISPOSAL OF CERTAIN LOW-LEVEL RA- the OSRP, has made great strides. DIOACTIVE WASTE. Secretary of Energy shall submit to Con- Since I first introduced S. 1045, the (a) FINDINGS.—Congress finds that— gress a plan to ensure the continued recov- Low Level Radioactive Waste Act, in (1) according to the report of the National ery and storage of greater-than-Class C low- level radioactive sealed sources that pose a May 2003, the prioritization of off-site Commission on Terrorist Attacks Upon the United States, more than 2 dozen terrorist security threat until a permanent disposal recovery of GTCC sources has height- facility is available. ened. DOE received a $10 million sup- groups, including al Qaeda, are pursuing chemical, biological, radiological, and nu- (B) CONTENTS.—The plan shall address esti- plemental for the program in 2003 and clear materials; mated cost, resource, and facility needs. the President’s fiscal year 06 budget (2) according to the report of the National proposes funding the USRTR at $12.75 Commission on Terrorist Attacks Upon the By Mr. NELSON of Florida: million, up 69 percent from the fiscal United States, the United States is a prime S. 980. A bill to provide state and year 05 enacted level of $7.54 million. target for weapons made with chemical, bio- local governments with financial assistance that will increase their ability Earlier this month, NNSA called to logical, radiological, and nuclear materials; (3) the Department of Energy estimates and effectiveness in monitoring con- let me know it intended to remove 100 that about 10,000 sealed sources of greater- victed sex offenders by developing and sources of cobalt–60, which is GTCC, than-Class C low-level radioactive waste (as implementing a program using global from the University of Hawaii. defined in section 61.55 of title 10, Code of positioning systems to monitor con- The University had been trying to Federal Regulations) will become unwanted victed sexual offenders or sexual preda- get DOE, the owners of the material, to and will have to be disposed of through the tors released from confinement; to the dispose of the sources for years. The ra- Department of Energy by 2010; (4) the Department of Energy— Committee on the Judiciary. dioactive material was used in an (A) does not have adequate resources or Mr. NELSON of Florida. Mr. Presi- irradiator and loaned to the University storage facilities to recover and store all un- dent, I commend the leadership. back in the 1960s for agricultural re- wanted sources of greater-than-Class C low- I rise to address the Senate on the search. I am grateful that NNSA level radioactive waste; and subject of sexual predators. We have stepped up its recovery of unneeded ra- (B) has not identified a permanent disposal certainly had our fill of these people diological sources and helped to relieve facility; who prey on children in the State of the burden of guarding potentially dan- (5) a report by the Government Account- Florida. The Nation has recently joined gerous material from the University ability Office entitled ‘‘Nuclear Prolifera- Florida in mourning the deaths of two tion: DOE Action Needed to Ensure Contin- young girls murdered by registered sex administration. ued Recovery of Unwanted Sealed Radio- The progress made by NNSA, while active Sources’’ states that ‘‘[t]he small size offenders. In March, an attacker appreciated and laudable, is nonethe- and portability of the sealed sources make walked in to— less a first step. Without the designa- them susceptible to misuse, improper dis- Mr. INHOFE. Will the Senator yield tion of a permanent disposal facility posal, and theft. If these sealed sources fell for a question? Mr. NELSON of Florida. Certainly. for GTCC waste, DOE will run out of into the hands of terrorists, they could be used as simple and crude but potentially Mr. INHOFE. Could I inquire as to temporary storage space. The Depart- dangerous radiological weapons, commonly how long you would like to address the ment already encountered problems called dirty bombs.’’; and Senate in morning business. finding a place to store strontium-90, (6) the Government Accountability Office Mr. NELSON of Florida. About 5 cesium-137, and plutonium-239, all report further states that ‘‘[c]ertain sealed minutes. GTCC sources that have unique storage sources are considered particularly attrac- I thank the distinguished Senator requirements. A permanent disposal fa- tive for potential use in producing dirty from Oklahoma. I know this is a sub- cility that can accommodate all GTCC bombs because, among other things, they ject that he is quite concerned with. waste must be identified. contain more concentrated amounts of nuclear material known as ‘greater-than-Class- The Nation was gripped with the news The Safe Storage of Radiological Ma- C material.’ ’’ of this sexual predator who walked into terials Act of 2005 would require DOE (b) RESPONSIBILITY FOR ACTIVITIES TO PRO- the unlocked home of a 9-year-old, Jes- to report to Congress on the current VIDE STORAGE FACILITY.—The Secretary of sica Lunsford, in Homossassa, FL, took situation and future plans for disposal Energy shall provide to Congress official no- her from her bed—I want the Senator alternatives for GTCC radioactive tification of the final designation of an enti- from Oklahoma to listen to the emo- waste and the cost and schedule to ty within the Department of Energy to have tion in my voice. He walked into her the responsibility of completing activities unlocked home, took her from her bed, complete an environmental impact needed to provide a facility for safely dis- statement and record of decision on a posing of all greater-than-Class C low-level raped her, and then buried her alive. permanent disposal facility for GTCC radioactive waste. The man who is charged is a registered radioactive wastes. My bill would also (c) REPORTS AND PLANS.— sex offender, previously convicted of require DOE to provide Congress with a (1) REPORT ON PERMANENT DISPOSAL FACIL- molesting a minor, but law enforce- plan for the short-term recovery of ITY.— ment had lost track of him. In fact, he GTCC radioactive waste until a perma- (A) PLAN REGARDING COST AND SCHEDULE was living within 150 feet of Jessica nent facility is available. This legisla- FOR COMPLETION OF EIS AND ROD.—Not later Lunsford. than 1 year after the date of enactment of To add insult to injury, he was work- tion parallels the recommendations of this Act, the Secretary of Energy, in con- the April 2003 GAO report, and I believe ing at an elementary school. sultation with Congress, shall submit to Unfortunately, it did not stop there. enactment of this bill is critical to se- Congress a report containing an estimate of curing sealed sources of nuclear mate- the cost and a proposed schedule to complete About a month later, 13-year-old Sarah rial. an environmental impact statement and Lunde was abducted from her home in Rushkin, FL, and she was murdered. Twenty years is too long to wait for record of decision for a permanent disposal for greater-than-Class C radioactive waste. Her confessed killer is her mother’s ex- an agency to do its job. I urge my col- (B) ANALYSIS OF ALTERNATIVES.—Before the boyfriend, who is also a convicted sex leagues to support this important piece Secretary of Energy makes a final decision offender. of legislation. on the disposal alternative or alternatives to In our State alone, we have over I ask unanimous consent that the be implemented, the Secretary of Energy 30,000 registered sex offenders, and text of the bill be printed in the shall— there are more than 300,000 nationwide. (i) submit to Congress a report that de- RECORD. scribes all alternatives under consideration, The Bureau of Justice Statistics has There being no objection, the bill was including all information required in the provided data showing that 70 percent ordered to be printed in the RECORD, as comprehensive report making recommenda- of all the men in prison for a sex crime follows: tions for ensuring the safe disposal of all were men whose victim was a child.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4650 CONGRESSIONAL RECORD — SENATE May 9, 2005 In 2003, the Justice Department pub- enforcement also did not know he was (A) describe the activities for which assist- lished a report on recidivism rates of working in a nearby elementary ance under this Act is sought; and sex offenders, and it has produced some school, nor did the school know they (B) provide such additional assurances as disturbing statistics. The Department had a registered sex offender on school the Attorney General determines to be essential to ensure compliance with the re- of Justice tracked 9,691 male sex of- property. quirements of this Act. GPS monitoring systems, when prop- fenders released from 15 State prisons, SEC. 4. PROPORTIONAL SHARE. including Florida. They tracked them erly used, will assist law enforcement The Attorney General shall ensure that for a 3–year period and found that 40 in knowing where these child sex of- each State with eligible programs receives a percent of the sex offenders who re-offenders are and preventing them from proportional share of funding under this Act fended did so within the first year, and going into restricted areas like elemen- based on the total number of eligible States within 3 years of their release from tary schools. We owe it to our children and the population of sex offenders to be prison, 5.3 percent of those sex offend- to do all we can to make sure that we monitored with global positioning systems ers were rearrested for another sex keep them safe. That is why I am in- in those States. troducing this bill today. SEC. 5. DEFINITION. crime. Is this beginning to tell us a In this Act, the term ‘‘sexual offender’’ story? Half of the sex offenders tracked Mr. President, I ask unanimous consent that the text of the bill be printed means an offender 18 years of age or older in this study included men who mo- who commits a sexual offense against a lested children, and within the first 3 in the RECORD. minor. There being no objection, the bill was years of their release from prison, 3.3 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ordered to be printed in the RECORD, as percent of these convicts were re- (a) IN GENERAL.—There are authorized to arrested for another sex crime against follows: be appropriated $10,000,000 for fiscal year 2006 a child. S. 980 and $20,000,000 for fiscal year 2007 to carry In the wake of the two recent trage- Be it enacted by the Senate and House of Rep- out this Act. (b) REPORT.—Not later than April 1, 2007, dies in Florida, of Jessica Lunsford and resentatives of the United States of America in Congress assembled, the Attorney General shall report to Con- Sarah Lunde, the State legislature SECTION 1. SHORT TITLE. gress— passed a law that will provide tougher This Act may be cited as the ‘‘Sexual Pred- (1) assessing the effectiveness and value of sentences for child sex offenders, and ator Effective Monitoring Act of 2005’’. this Act; and aid law enforcement in effectively SEC. 2. FINDINGS. (2) making recommendations for con- monitoring those sex offenders. This Congress finds that— tinuing funding and the appropriate levels law will require sex offenders, released (1) in recent years we have seen multiple for such funding. back into our communities, to wear a cases of convicted sexual offenders serving Mr. DEMINT. Mr. President, I rise bracelet that will have a global posi- probation abducting and murdering young today to introduce the Truth in Em- tioning system track them. children; ployment Act, a bill I previously intro- I applaud the initiative by our State, (2) several states have begun the develop- duced in the House of Representatives ment and implementation of outfitting con- and I believe now there ought to be an victed sexual offenders with Global Posi- to stem the harm done to companies by appropriate Federal response to be sup- tioning Systems to track their movements salting, a union tactic that is causing portive of the States and local govern- while on probation; material economic damage to small ments that want to address this prob- (3) the employment of these devices will businesses everyday in this country. lem. The technology is there, but it is assist law enforcement in tracking the move- There is a basic disagreement over expensive. To be effective, tough laws ments and location of probationers in real the definition of salting. While union on these sexual predators of children time to within 10 ft. of their location; supporters and the NLRB have defined must be properly funded, and I believe (4) Global Positioning System tracking the term as the ‘‘placing of union mem- will permit law enforcement to ensure that bers on non-union job sites for the pur- it is worth properly funding them to convicted sex offenders do not go to areas re- protect our children. stricted according to the terms of their propose of organizing,’’ it has been widely Today I am introducing this bill, the bation; documented that the true motivation Sexual Predator Effective Monitoring (5) Global Positioning Systems will serve of many salts is simply to increase the Act, which will provide $30 million in to deter sexual predators from re-offending cost of doing business for non-union grants to States that establish pro- as they will know that their movements are contractors, regardless of the wishes of grams under their State law to get monitored and tracked by law enforcement; the employer’s bona fide employees. tougher on child sex offenders released and Salting is much more than someone back into a community and to get (6) in the event that a convicted sexual of- seeking employment for the purpose of fender commits an additional sex offense tougher on them with more effective while on probation and monitored with a union organizing. It is an attempt to monitoring and tracking. This bill di- Global Positioning System, the Global Posi- interfere with business operations, har- rects the Attorney General to award tioning System technology will aid law en- ass employees, and cause economic grants to those States to assist them in forcement in the investigation of these harm through illegal activities and carrying out programs to outfit sexual crimes by quickly determining the location frivolous legal complaints against em- offenders with an ankle bracelet that of sexual offenders within the area of the ployers. Union organizers who fail to will track them using global posi- suspected crime. convince employees to organize will tioning systems. SEC. 3. SEXUAL PREDATOR MONITORING PRO- use salting to shut down non-union GRAM. In the first year, I am suggesting (a) GRANTS AUTHORIZED.— companies, often going to extreme that this bill offer $10 million in (1) IN GENERAL.—The Attorney General is lengths, including preventing deliv- grants. In the second year, $20 million, authorized to award grants and contracts to eries to job sites and destroying build- and then we would have to come back State and local governments to assist such ing supplies. and readdress the issue. The Attorney States and local governments in— In my own State of South Carolina, General then would be directed to issue (A) carrying out programs to outfit sexual salting has resulted in the loss of hun- a report so we could go on with future offenders with electronic monitoring units; dreds of jobs. In Sumter, South Caro- extension of the bill. There are no sil- and lina, the Yuasa Exide battery plant (B) the employment of law enforcement of- ver bullets to stop these sexual preda- ficials necessary to carry out such programs. was targeted by a union. tors from preying on our children, but (2) DURATION.—The Secretary shall award Union salts infiltrated the plant, and I believe tough laws, such as the new grants under this Act for a period not to ex- when employees there did not unionize, Florida statute, are going to go a long ceed 3 years. the union retaliated by sabotaging way in preventing these sexual offend- (b) APPLICATION.— product, causing work slow downs, ers from reoffending. (1) IN GENERAL.—Each State or local gov- making verbal threats and threatening Nine-year-old Jessica Lunsford’s con- ernment desiring a grant under this Act phone calls, and putting nails in peo- fessed rapist and murderer was living shall submit an application to the Attorney ple’s tires. Union leaders threatened to General at such time, in such manner, and only within 150 feet of her home, but accompanied by such information as the At- shut down the plant and they did just law enforcement officers did not know torney General may reasonably require. that. Six hundred and fifty people were where he was because he failed to no- (2) CONTENTS.—Each application submitted laid off because the Yuasa Exide plant tify them of his changed address. Law pursuant to paragraph (1) shall— could not afford the increased cost to

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4651 the business of defending itself and its tions Act was enacted and threatens the bal- between its hard working members, residents employees from the union salting cam- ance of rights which is fundamental to our in their communities, and those in need; paign. Yuasa Exide, which was the first system of collective bargaining. Whereas the National Association of Let- (3) Increasingly, union organizers are seek- ter Carriers Food Drive will take place on tenant in Sumter’s industrial park, had ing employment with nonunion employers May 14, 2005; been there since 1965 and provided not because of a desire to work for such em- Whereas the National Association of Let- high-tech, good-paying jobs in a rural ployers but primarily to organize the em- ter Carriers will send nearly 150,000,000 post- area, was forced to close its doors be- ployees of such employers or to inflict eco- cards to postal customers to urge donations cause of salting. nomic harm specifically designed to put non- for the Food Drive; and The impacts of salting are felt by union competitors out of business, or to do Whereas letter carriers will be collecting many. Companies see increased costs both. food, as well as mail, at mailboxes across the from having to defend themselves (4) While no employer may discriminate country, performing their daily job, and col- against employees based upon the views of lecting food for the hungry, come rain or against labor relations complaints as employees concerning collective bargaining, shine: Now, therefore, be it well as lost hours of productivity from an employer should have the right to expect Resolved, That the Senate— having to fight these charges. Con- job applicants to be primarily interested in (1) congratulates the members of the Na- sumers are impacted by salting when utilizing the skills of the applicants to fur- tional Association of Letter Carriers for they experience increased costs and ther the goals of the business of the em- their hard work on behalf of the millions of higher prices. Moreover, Federal agen- ployer. people who go hungry each day; and cies spend untold sums to investigate SEC. 3. PURPOSES. (2) encourages the people of the United The purposes of this Act are— States to follow the example of the members claims that are later found to be with- of the National Association of Letter Car- out merit, forcing taxpayers to effec- (1) to preserve the balance of rights between employers, employees, and labor orga- riers by donating food to local food banks tively subsidize union activity. nizations which is fundamental to our sys- and participating in the National Associa- To put it bluntly, salting is a job tem of collective bargaining; tion of Letter Carriers Food Drive on May 14, killer. At a time when we are working (2) to preserve the rights of workers to or- 2005, by placing nonperishable food by their in Congress to enact policies which will ganize, or otherwise engage in concerted ac- mailboxes. spur job growth and ensure future eco- tivities protected under the National Labor f nomic prosperity, salting abuses stand Relations Act; and (3) to alleviate pressure on employers to SENATE RESOLUTION 134—EX- directly in the way of these goals. We PRESSING THE SENSE OF THE can no longer allow American jobs to hire individuals who seek or gain employment in order to disrupt the workplace of SENATE REGARDING THE MAS- suffer at the hands of Washington labor the employer or otherwise inflict economic SACRE AT SREBRENICA IN JULY bosses. harm designed to put the employer out of 1995 To prevent salting abuses from caus- business. Mr. SMITH (for himself and Mr. ing more harm to employers, I am in- SEC. 4. PROTECTION OF EMPLOYER RIGHTS. troducing the Truth in Employment Section 8(a) of the National Labor Rela- BIDEN) submitted the following resolu- Act which amends section 8(a) of the tions Act (29 U.S.C. 158(a)) is amended by tion; which was referred to the Com- National Labor Relations Act (NLRA) adding after and below paragraph (5) the fol- mittee on Foreign Relations: to make clear that an employer is not lowing: S. RES. 134 ‘‘Nothing in this subsection shall be con- Whereas, in July 1995, thousands of men required to hire any person who seeks strued as requiring an employer to employ and boys who had sought safety in the a job in order to promote interests un- any person who seeks or has sought employ- United Nations-designated ‘‘safe area’’ of ment with the employer in furtherance of related to those of the employer. This Srebrenica in Bosnia and Herzegovina under other employment or agency status.’’. bill in no way infringes upon any rights the protection of the United Nations Protec- or protections otherwise accorded em- f tion Force (UNPROFOR) were massacred by ployees under the NLRA. Employees SUBMITTED RESOLUTIONS Serb forces operating in that country; will continue to enjoy their right to or- Whereas, beginning in April 1992, aggres- ganize. The bill merely seeks to allevi- sion and ethnic cleansing perpetrated by ate the legal pressures imposed upon SENATE RESOLUTION 133—RECOG- Bosnian Serb forces, while taking control of employers to hire individuals whose NIZING THE 13TH ANNUAL NA- the surrounding territory, resulted in a massive influx of Bosniaks seeking protection in overriding purpose for seeking the job TIONAL ASSOCIATION OF LET- Srebrenica and its environs, which the is to disrupt the employer’s workplace TER CARRIERS FOOD DRIVE United Nations Security Council designated or otherwise inflict economic harm de- Ms. CANTWELL (for herself, Ms. a ‘‘safe area’’ in Security Council Resolution signed to put the employer out of busi- COLLINS, Mr. AKAKA, Mr. BAUCUS, Mr. 819 on April 16, 1993; ness. This bill in no way infringes upon WARNER, Mr. DURBIN, and Ms. SNOWE) Whereas the UNPROFOR presence in any rights or protections otherwise ac- submitted the following resolution; Srebrenica consisted of a Dutch peace- corded employees under the NLRA, or which was referred to the Committee keeping battalion, with representatives of the United Nations High Commissioner for any other employment statute. on the Judiciary. I ask unanimous consent that the Refugees, the International Committee of S. RES. 133 the Red Cross, and the humanitarian medical text of the bill be printed in the Whereas in 2003, 3,900,000 men, women, and aid agency Medecins Sans Frontiers (Doctors RECORD. children went hungry every day, a troubling Without Borders) helping to provide humani- There being no objection, the bill was statistic that has steadily increased in re- tarian relief to the displaced population liv- ordered to be printed in the RECORD, as cent years; ing in conditions of massive overcrowding, follows: Whereas 23,000,000 men and women and destitution, and disease; S. 983 more than 9,000,000 children rely on food Whereas Bosnian Serb forces blockaded the banks to survive every year; enclave early in 1995, depriving the entire Be it enacted by the Senate and House of Rep- Whereas in 1992, the National Association population of humanitarian aid and outside resentatives of the United States of America in of Letter Carriers recognized this crisis and communication and contact, and effectively Congress assembled, began the ‘‘Stamping Out Hunger’’ national reducing the ability of the Dutch peace- SECTION 1. SHORT TITLE. food drive; keeping battalion to deter aggression or oth- This Act may be cited as the ‘‘Truth in Whereas 1,400 National Association of Let- erwise respond effectively to a deteriorating Employment Act of 2005’’. ter Carriers branches in more than 10,000 cit- situation; SEC. 2. FINDINGS. ies in all 50 States have collected millions of Whereas, beginning on July 6, 1995, Bosnian Congress finds that: pounds of food every year since 1992; Serb forces attacked UNPROFOR outposts, (1) An atmosphere of trust and civility in Whereas in 2004, the National Association seized control of the isolated enclave, held labor-management relationships is essential of Letter Carriers collected a record-break- captured Dutch soldiers hostage and, after to a productive workplace and a healthy ing 70,900,000 pounds of food; skirmishes with local defenders, ultimately economy. Whereas the National Association of Let- took control of the town of Srebrenica on (2) The tactic of using professional union ter Carriers provides desperately needed re- July 11, 1995; organizers and agents to infiltrate a targeted sources to food banks in the spring and sum- Whereas an estimated one-third of the pop- employer’s workplace, a practice commonly mer months, the time when donations levels ulation of Srebrenica, including a relatively referred to as ‘‘salting’’ has evolved into an are at their lowest; small number of soldiers, made a desperate aggressive form of harassment not con- Whereas the National Association of Let- attempt to pass through the lines of Bosnian templated when the National Labor Rela- ter Carriers has created much needed bridges Serb forces to the relative safety of Bosnian-

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4652 CONGRESSIONAL RECORD — SENATE May 9, 2005 held territory, but many were killed by pa- and complicity in genocide associated with designated and protected by the United trols and ambushes; the massacre at Srebrenica, some of whom Nations as a place of refuge. Instead, it Whereas the remaining population sought have been tried and sentenced while others, became the site of the worst case of protection with the Dutch peacekeeping bat- including Radovan Karadzic and Ratko genocide in Europe since World War II. talion at its headquarters in the village of Mladic, remain at large; and Potocari north of Srebrenica but many of Whereas the international community, in- I am pleased to submit a resolution these individuals were randomly seized by cluding the United States, has continued to today, along with my colleague Sen- Bosnian Serb forces to be beaten, raped, or provide personnel and resources, including ator BIDEN, which recognizes this som- murdered; through direct military intervention, to pre- ber anniversary. The resolution also re- Whereas Bosnian Serb forces deported vent further aggression and ethnic cleansing, iterates our support for the need to women, children, and the elderly in buses, to negotiate and help ensure the full imple- bring to justice those who perpetrated held Bosniak males over 16 years of age at mentation of the General Framework Agree- this crime against humanity. collection points and sites in northeastern ment for Peace in Bosnia and Herzegovina, In June 1995, after three years of war, Bosnia and Herzegovina under their control, initialled at Dayton, Ohio, November 21, the Bosnian Serbs launched a brutal and then summarily murdered and buried 1995, and done at Paris December 14, 1995, in- the captives in mass graves; cluding cooperation with the International attack against the Muslim enclave of Whereas approximately 20 percent of Criminal Tribunal for the former Yugo- Srebrenica. In what was an incompre- Srebrenica’s total population at the time—at slavia: Now, therefore, be it hensible and fatal error, United Na- least 7,000 and perhaps thousands more—was Resolved, That it is the sense of the Senate tions Protection Force (UNPROFOR) murdered; that— had collected weapons from the Bos- Whereas the United Nations and its mem- (1) the thousands of innocent people mur- nian Muslims in return for its designa- ber states have largely acknowledged their dered at Srebrenica in Bosnia and tion of Srebrenica as a safe area. This Herzegovina in July 1995, along with all indi- failure to take actions and decisions that rendered the population even more vul- could have deterred the assault on viduals who were victimized during the con- Srebrenica and prevented the subsequent flict and genocide in Bosnia and Herzegovina nerable to the Bosnian Serb assault. massacre, including the lengthy report from 1992 to 1995, should be solemnly remem- The presence of the U.N. soldiers and issued by the Government of the Netherlands bered and honored; the confiscation of the Muslims’ arms on April 10, 2002, entitled ‘‘Srebrenica, a (2) the policies of aggression and ethnic was supposed to deter a Bosnian Serb ‘safe’ area—Reconstruction, background, cleansing as implemented by Serb forces in attack by removing any semblance of consequences and analyses of the fall of a Bosnia and Herzegovina from 1992 to 1995 provocation. But the Bosnian Serbs safe area’’; meet the terms defining the crime of geno- struck anyway and the UNPROFOR Whereas Bosnian Serb forces, hoping to cide in Article 2 of the Convention on the troops were unable to assist the Mus- Prevention and Punishment of the Crime of conceal evidence of the massacre at lim population they had placed at such Srebrenica, subsequently moved corpses Genocide, done at Paris December 9, 1948, from initial mass grave sites to many sec- and entered into force January 12, 1951; disadvantage. ondary sites scattered throughout parts of (3) foreign nationals, including United The Bosnian Serbs easily overtook northeastern Bosnia and Herzegovina under States citizens, who have risked, and in some the city, deporting women, children, their control; cases lost, their lives in Bosnia and and the elderly in buses. Bosniak men Whereas the massacre at Srebrenica was Herzegovina while working toward peace older than 16 were rounded up and held among the worst of many horrible atrocities should be solemnly remembered and hon- at collection points in northeastern to occur in the conflict in Bosnia and ored; Bosnia. Here they were summarily Herzegovina from April 1992 to November (4) the United Nations and its member murdered and buried in mass graves. 1995, during which the policies of aggression states should accept their share of responsi- At least 7,000 Bosnian Muslims, 20 and ethnic cleansing pursued by Bosnian bility for allowing the Srebrenica massacre Serb forces with the direct support of au- and genocide to occur in Bosnia and percent of Srebrenica’s total popu- thorities in the Federal Republic of Yugo- Herzegovina from 1992 to 1995 by failing to lation at the time, were murdered. A slavia (Serbia and Montenegro) ultimately take sufficient, decisive, and timely action, similar enclave at Zepa, allegedly pro- led to the displacement of more than and the United Nations and its member tected by the United Nations force, fell 2,000,000 people, an estimated 200,000 killed, states should constantly seek to ensure that to the Serb onslaught two weeks later. tens of thousands raped or otherwise tor- this failure is not repeated in future crises After learning of the genocide com- tured and abused, and the innocent civilians and conflicts; mitted by the Nazis during the second of Sarajevo and other urban centers repeat- (5) it is in the national interest of the World War, the world made a promise: edly subjected to shelling and sniper attacks; United States that those individuals who are We said ‘‘never again.’’ Yet 50 years Whereas Article 2 of the Convention on the responsible for war crimes, genocide, crimes Prevention and Punishment of the Crime of against humanity, and grave breaches of the later on the European continent, men Genocide, done at Paris December 9, 1948, 1949 Geneva Conventions committed in Bos- and boys were murdered solely because and entered into force January 12, 1951, de- nia and Herzegovina should be held account- they were Muslim. fines genocide as ‘‘any of the following acts able for their actions; So as we look back and remember a committed with intent to destroy, in whole (6) all persons indicted by the Inter- decade later, we must learn from the or in part, a national, ethnical, racial or reli- national Criminal Tribunal for the former mistakes that were made at gious group, as such: (a) killing members of Yugoslavia (ICTY) should be apprehended Srebrenica. We should ensure that the group; (b) causing serious bodily or men- and transferred to The Hague without fur- tal harm to members of the group; (c) delib- those responsible are held accountable ther delay, and all countries should meet for their actions. We should continue erately inflicting on the group conditions of their obligations to cooperate fully with the life calculated to bring about its physical de- ICTY at all times; and to support the independence and terri- struction in whole or in part; (d) imposing (7) the United States should continue to torial integrity of Bosnia and measures intended to prevent births within support— Herzegovina and peace and stability in the group; (e) forcibly transferring children (A) the independence and territorial integ- southeastern Europe as a whole. We of the group to another group’’; rity of Bosnia and Herzegovina; should support the right of all people Whereas, on May 25, 1993, the United Na- (B) peace and stability in southeastern Eu- living in the region, regardless of nations Security Council adopted Security rope as a whole; and Council Resolution 827, establishing the tional, racial, ethnic or religious back- (C) the right of all people living in south- ground, to return to their homes and world’s first international war crimes tri- eastern Europe, regardless of national, ra- bunal, the International Criminal Tribunal cial, ethnic or religious background— enjoy the benefits of democratic insti- for the former Yugoslavia (ICTY), based in (i) to return to their homes and enjoy the tutions, the rule of law, and economic The Hague, the Netherlands, and charging benefits of democratic institutions, the rule opportunity. We should encourage all the ICTY with responsibility for inves- of law, and economic opportunity; and efforts to determine the fate of all tigating and prosecuting individuals sus- (ii) to know the fate of missing relatives those still missing. pected of committing war crimes, genocide, and friends. And finally, we should solemnly re- crimes against humanity, and grave breaches Mr. SMITH: Mr. President, I rise member and honor all those that were of the 1949 Geneva Conventions on the terri- today to mark a solemn anniversary. victims of the massacre at Srebrenica. tory of the former Yugoslavia since 1991; Ten years ago this July, thousands of Whereas numerous members of the Bosnian f Bosnian Muslims sought safety from Serb forces and political leaders at various AMENDMENTS SUBMITTED AND levels of responsibility have been indicted the brutal ethnic cleansing campaign for grave breaches of the 1949 Geneva Con- conducted by Bosnian Serb forces in PROPOSED ventions, violations of the laws or customs the small town of Srebrenica. This was SA 597. Mrs. CLINTON submitted an of war, crimes against humanity, genocide, supposed to be a ‘‘Safe Area,’’ a space amendment intended to be proposed by her

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to the bill H.R. 3, Reserved; which was or- In section 510(a)(4)(D) of title 23, United (G) MEETINGS.—The Commission shall dered to lie on the table. States Code (as amended by section 2101(a)), meet at the call of the Chairperson. SA 598. Mr. LIEBERMAN (for himself, Mr. strike clause (i) and insert the following: (H) QUORUM.—A majority of the members DODD, Mr. LAUTENBERG, and Mr. VOINOVICH) ‘‘(i) Southwest Bridge Research Center, of the Commission shall constitute a submitted an amendment intended to be pro- comprising New Mexico State University and quorum, but a lesser number of members posed by him to the bill H.R. 3, supra; which the Oklahoma Transportation Center.’’. may hold hearings. was ordered to lie on the table. SA 600. Mr. TALENT (for himself and SA 599. Mr. BINGAMAN submitted an (I) VICE CHAIRPERSON.—The Commission amendment intended to be proposed by him Mr. DODD) proposed an amendment to shall select a Vice Chairperson from among to the bill H.R. 3, supra; which was ordered amendment SA 567 proposed by Mr. the members of the Commission. to lie on the table. INHOFE to the bill H.R. 3, to authorize (3) DUTIES.— SA 600. Mr. TALENT (for himself and Mr. funds for Federal-aid highways, high- (A) IN GENERAL.—The Commission shall— DODD) proposed an amendment to amend- way safety programs, and transit pro- (i) conduct a complete and comprehensive ment SA 567 proposed by Mr. INHOFE to the grams, and for other purposes. investigation and study of— bill H.R. 3, supra. SA 601. Mrs. CLINTON submitted an At the end of subtitle H of title I, add the (I) the current condition and future needs amendment intended to be proposed by her following: of the surface transportation system; and to the bill H.R. 3, supra; which was ordered SEC. 18ll. NOTICE REGARDING PARTICIPATION (II) a comprehensive study of alternatives to lie on the table. OF SMALL BUSINESS CONCERNS. to replace or to supplement the fuel tax as SA 602. Mr. NELSON, of Nebraska sub- The Secretary of Transportation shall no- the principal revenue source to support the tify each State or political subdivision of a mitted an amendment intended to be pro- Highway Trust Fund and suggest new or al- posed by him to the bill H.R. 3, supra; which State to which the Secretary of Transpor- tation awards a grant or other Federal funds ternative sources of revenue to fund the was ordered to lie on the table. needs of the surface transportation system SA 603. Mr. CHAMBLISS submitted an of the criteria for participation by a small amendment intended to be proposed by him business concern in any program or project over at least the next 30 years; to the bill H.R. 3, supra; which was ordered that is funded, in whole or in part, by the (B) develop a conceptual plan, with alter- to lie on the table. Federal Government under section 155 of the native approaches, for the future to ensure SA 604. Mr. DURBIN (for himself and Ms. Small Business Reauthorization and Manu- that the surface transportation system will COLLINS) submitted an amendment intended facturing Assistance Act of 2004 (15 U.S.C. continue to serve the needs of the United to be proposed by him to the bill H.R. 3, 567g). States, including specific recommendations supra; which was ordered to lie on the table. SA 601. Mrs. CLINTON submitted an regarding design and operational standards, SA 605. Mr. INHOFE proposed an amend- amendment intended to be proposed by Federal policies, and legislative changes; ment to the bill H.R. 3, supra. her to the bill H.R. 3, Reserved; which (C) consult with the Secretary and the Sec- f was ordered to lie on the table; as fol- retary of the Treasury in conducting the TEXT OF AMENDMENTS lows: study to ensure that the views of the Secre- SA 597. Mrs. CLINTON submitted an Beginning on page 66, strike line 13 and all taries concerning essential attributes of amendment intended to be proposed by that follows through page 81, line 8, and in- Highway Trust Fund revenue alternatives her to the bill H.R. 3, to authorize sert the following: are considered; (b) NATIONAL SURFACE TRANSPORTATION (D) consult with representatives of State funds for Federal-aid highways, high- POLICY STUDY COMMISSION.— way safety programs, and transit pro- departments of transportation and metro- (1) ESTABLISHMENT.—There is established a politan planning organizations and other key grams, and for other purposes. commission to be known as the ‘‘Next Gen- interested stakeholders in conducting the On page 401, strike lines 3 through 13 and eration National Surface Transportation study to ensure that— insert the following: Policy Study Commission’’ (referred to in (e) SELECTION CRITERIA.—The Secretary this section as the ‘‘Commission’’). (i) the views of the stakeholders on alter- shall only select projects for corridors that— (2) MEMBERSHIP.— native revenue sources to support State (1) have significant levels or increases in (A) COMPOSITION.—The Commission shall transportation improvement programs are truck and traffic volume relating to inter- be composed of 12 members, of whom— considered; and national freight movement; (i) 1 member shall be the Secretary, who (ii) any recommended Federal financing (2) connect to at least 1 international ter- shall serve as Chairperson; strategy takes into account State financial minus or inland port; and (ii) 3 members shall be appointed by the requirements; and (3)(A) traverse at least 3 States; or President; (E) based on the study, make specific rec- (B) are identified by section 115(c) of the (iii) 2 members shall be appointed by the ommendations regarding— Intermodal Transportation Efficiency Act of Speaker of the House of Representatives; (i) actions that should be taken to develop 1991 (Public Law 102–240; 105 Stat 2032). (iv) 2 members shall be appointed by the alternative revenue sources to sup port the SA 598. Mr. LIEBERMAN (for him- minority leader of the House of Representa- Highway Trust Fund; and tives; (ii) the time frame for taking those ac- self, Mr. DODD, Mr. LAUTENBERG, and (v) 2 members shall be appointed by the Mr. VOINOVICH) submitted an amend- tions. majority leader of the Senate; and (4) RELATED WORK.—To the maximum ex- ment intended to be proposed by him (vi) 2 members shall be appointed by the to the bill H.R. 3, to authorize funds for tent practicable, the study shall build on re- minority leader of the Senate. lated work that has been completed by— Federal-aid highways, highway safety (B) QUALIFICATIONS.—Members appointed (A) the Secretary of Transportation; under paragraph (1)— programs, and transit programs, and (B) the Secretary of Energy; (i) shall include individuals representing for other purposes. (C) the Transportation Research Board, in- In section 120(a)(1) of title 23, United State and local governments, metropolitan planning organizations, transportation-re- cluding the findings, conclusions, and rec- States Code (as amended by section 1301), in- ommendations of the recent study conducted sert ‘‘a bridge project or’’ before ‘‘a project lated industries, academic and technical in- by the Transportation Research Board on al- to add’’. stitutions, and public interest organizations In section 144 of title 23, United States involved with scientific, regulatory, eco- ternatives to the fuel tax to support highway Code (as amended by section 1807(a)(9)), nomic, and environmental transportation ac- program financing; and strike subsection (r) and insert the fol- tivities; and (D) other entities and persons. lowing: (ii) shall be balanced geographically to the (5) SURFACE TRANSPORTATION NEEDS.—With ‘‘(r) FEDERAL SHARE.— extent consistent with maintaining the high- respect to surface transportation needs, the ‘‘(1) IN GENERAL.—Except as provided under est level of expertise on the Commission. investigation and study shall specifically ad- paragraph (2), the Federal share of the cost (C) DATE OF APPOINTMENTS.—The appoint- dress— of a project payable from funds made avail- ment of a member of the Commission shall (A) the current condition and performance able to carry out this section shall be the be made not later than 120 days after the of the Interstate System (including the phys- share applicable under section 120(b), as ad- date of establishment of the Commission. ical condition of bridges and pavements and justed under section 120(d). (D) TERMS.—A member shall be appointed operational characteristics and perform- ‘‘(2) INTERSTATE SYSTEM.—The Federal for the life of the Commission. ance), relying primarily on existing data share of the cost of a project on the Inter- (E) VACANCIES.—A vacancy on the Commis- state System payable from funds made avail- sources; sion— (B) the future of the Interstate System, able to carry out this section shall be the (i) shall not affect the powers of the Com- based on a range of legislative and policy ap- share applicable under section 120(a).’’. mission; and proaches for 15-, 30-, and 50-year time peri- Mr. BINGAMAN submitted an (ii) shall be filled in the same manner as SA 599. the original appointment was made. ods; amendment intended to be proposed by (F) INITIAL MEETING.—Not later than 30 (C) the expected demographics and busi- him to the bill H.R. 3, to authorize days after the date on which all members of ness uses that impact the surface transpor- funds for Federal-aid highways, high- the Commission have been appointed, the tation system; way safety programs, and transit pro- Commission shall hold the initial meeting of (D) the expected use of the surface trans- grams, and for other purposes. the Commission. portation system, including the effects of

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changing vehicle types, modes of transpor- (G) the flexibility of different options to (ii) CIVIL SERVICE STATUS.—The detail of tation, fleet size and weights, and traffic vol- allow various pricing alternatives to be im- the employee shall be without interruption umes; plemented; and or loss of civil service status or privilege. (E) desirable design policies and standards (H) potential compatibility issues with (12) COOPERATION.—The staff of the Sec- for future improvements of the surface State and local tax mechanisms under each retary shall cooperate with the Commission transportation system, including additional alternative. in the study required under this section, in- access points; (8) TECHNICAL ADVISORY COMMITTEE.—The cluding providing such nonconfidential data (F) the identification of urban, rural, na- Secretary shall establish a technical advi- and information as are necessary to conduct tional, and interregional needs for the sur- sory committee, in a manner consistent with the study. face transportation system; the Federal Advisory Committee Act (5 (13) RELATIONSHIP TO OTHER LAW.— (G) the potential for expansion, upgrades, U.S.C. App.), to collect and evaluate tech- (A) IN GENERAL.—Except as provided in or other changes to the surface transpor- nical input from— subparagraphs (B) and (C), funds made avail- tation system, including— (A) the Department of Defense; able to carry out this section shall be avail- (i) deployment of advanced materials and (B) appropriate Federal, State, and local able for obligation in the same manner as if intelligent technologies; officials with responsibility for transpor- the funds were apportioned under chapter 1 (ii) critical multistate, urban, and rural tation; of title 23, United States Code. (B) FED- corridors needing capacity, safety, and oper- (C) appropriate State and local elected offi- ERAL SHARE.—The Federal share of the ational enhancements; cials; cost of the study and the Commission under (iii) improvements to intermodal linkages; (D) transportation and trade associations; this section shall be 100 percent. (iv) security and military deployment en- (E) emergency management officials; (B) AVAILABILITY.—Funds made available hancements; (F) freight providers; to carry out this section shall remain avail- (v) strategies to enhance asset preserva- (G) the general public; and able until expended. tion; and (H) other entities and persons determined (14) DEFINITION OF SURFACE TRANSPOR- (vi) implementation strategies; to be appropriate by the Secretary to ensure TATION SYSTEM.—In this subsection, the term (H) the improvement of emergency pre- a diverse range of views. ‘‘surface transportation system’’ includes— paredness and evacuation using the surface (9) REPORT AND RECOMMENDATIONS.—Not (A) the National Highway System; transportation system, including— later than September 30, 2007, the Commis- (B) the Interstate System; (i) examination of the potential use of all sion shall submit to Congress a final report (C) the strategic highway network; modes of the surface transportation system that contains— (D) congressional high priority corridors; in the safe and efficient evacuation of citi- (A) a detailed statement of the findings (E) intermodal connectors; zens during times of emergency; and conclusions of the Commission; and (F) freight facilities; (ii) identification of the location of critical (B) the recommendations of the Commis- (G) navigable waterways; bottlenecks; and sion for such legislation and administrative (H) mass transportation; (iii) development of strategies to improve actions as the Commission considers to be (I) freight and intercity passenger rail in- system redundancy, especially in areas with appropriate. frastructure and facilities; and a high potential for terrorist attacks; (10) POWERS OF THE COMMISSION.— (J) surface access to airports. (I) alternatives for addressing environ- (A) HEARINGS.—The Commission may hold (15) AUTHORIZATION OF APPROPRIATIONS.— mental concerns associated with the future such hearings, meet and act at such times There is authorized to be appropriated from development of the surface transportation and places, take such testimony, and receive the Highway Trust Fund (other than the system; such evidence as the Commission considers Mass Transit Account) to carry out this sec- (J) the evaluation and assessment of the advisable to carry out this section. tion $2,679,245 for fiscal year 2005. current and future capabilities for con- (B) INFORMATION FROM FEDERAL AGENCIES.— (16) TERMINATION.— ducting system-wide real-time performance (i) IN GENERAL.—The Commission may se- (A) IN GENERAL.—The Commission shall data collection and analysis, traffic moni- cure directly from a Federal agency such in- terminate on the date that is 180 days after toring, and transportation systems oper- formation as the Commission considers nec- the date on which the Commission submits ations and management; and essary to carry out this section. the report of the Commission under para- (K) a range of policy and legislative alter- (ii) PROVISION OF INFORMATION.—On request graph (10). natives for addressing future needs for the of the Chairperson of the Commission, the (B) RECORDS.—Not later than the date of surface transportation system. head of a Federal agency shall provide the termination of the Commission under sub- (6) FINANCING.—With respect to financing, requested information to the Commission. paragraph (A), all records and papers of the the study shall address specifically— (C) POSTAL SERVICES.—The Commission Commission shall be delivered to the Archi- (A) the advantages and disadvantages of al- may use the United States mails in the same vist of the United States for deposit in the ternative revenue sources to meet antici- manner and under the same conditions as National Archives. pated Federal surface transportation finan- other agencies of the Federal Government. SA 602. Mr. NELSON of Nebraska cial requirements; (D) DONATIONS.—The Commission may ac- submitted an amendment intended to (B) recommendations concerning the most cept, use, and dispose of donations of serv- promising revenue sources to support long- ices or property. be proposed by him to the bill H.R. 3, term Federal surface transportation financ- (11) COMMISSION PERSONNEL MATTERS.— to authorize funds for Federal-aid high- ing requirements; (A) MEMBERS.—A member of the Commis- ways, highway safety programs, and (C) development of a broad transition sion shall serve without pay but shall be al- transit programs, and for other pur- strategy to move from the current tax base lowed travel expenses, including per diem in poses. to new funding mechanisms, including the lieu of subsistence, at rates authorized for an At the appropriate place, insert the fol- time frame for various components of the employee of an agency under subchapter I of lowing: transition strategy; chapter 57 of title 5, United States Code, SEC. ll. NEBRASKA CUSTOM HARVESTERS (D) recommendations for additional re- while away from the home or regular place LENGTH EXEMPTION. search that may be needed to implement rec- of business of the member in the perform- Section 31112(c) of title 49, United States ommended alternatives; and ance of the duties of the Commission. Code, is amended— (E) the extent to which revenues should re- (B) CONTRACTORS.—The Commission may (1) in paragraph (3), by striking ‘‘and’’ at flect the relative use of the highway system. enter into contracts with an appropriate or- the end; (7) FINANCING RECOMMENDATIONS.—In devel- ganizations, agencies, and entities to con- (2) in paragraph (4), by striking the period oping financing recommendations under this duct the study required under this section, at the end and inserting ‘‘; and’’; and subsection, the Commission shall consider— under the strategic guidance of the Commis- (3) by adding at the end the following: (A) the ability to generate sufficient reve- sion. ‘‘(5) Nebraska may allow the operation of nues from all modes to meet anticipated (C) ADMINISTRATIVE SUPPORT.—On the re- commercial motor vehicle combinations that long-term surface transportation financing quest of the Commission, the Administrator are not longer than 81 feet, 6 inches, and are needs; of the Federal Highway Administration shall only used for harvesting wheat, soybeans, (B) the roles of the various levels of gov- provide to the Commission, on a reimburs- and milo on a contract basis for agricultural ernment and the private sector in meeting able basis, the administrative support and producers during the harvest months for future surface transportation financing services necessary for the Commission to such crops (as defined by the State of Ne- needs; carry out the duties of the Commission braska).’’. (C) administrative costs (including en- under this section. SA 603. Mr. CHAMBLISS submitted forcement costs) to implement each option; (D) DETAIL OF PERSONNEL.— an amendment intended to be proposed (D) the expected increase in nontaxed fuels (i) IN GENERAL.—On the request of the and the impact of taxing those fuels; Commission, the Secretary may detail, on a by him to the bill H.R. 3, Reserved; (E) the likely technological advances that reimbursable basis, any of the personnel of which was ordered to lie on the table; could ease implementation of each option; the Department to the Commission to assist as follows: (F) the equity and economic efficiency of the Commission in carrying out the duties of Strike section 1803 and insert the fol- each option; the Commission under this section. lowing:

VerDate Aug 31 2005 03:55 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S09MY5.REC S09MY5 mmaher on PROD1PC70 with CONG-REC-ONLINE May 9, 2005 CONGRESSIONAL RECORD — SENATE S4655 SEC. 1803. DESIGN-BUILD CONTRACTING. National Environmental Policy Act of 1969 (C) determine any energy savings that (a) IN GENERAL.—Section 112(b) of title 23, (42 U.S.C. 4332), if the design-build contractor would result from the conversion of motor United States Code, is amended by striking is not authorized to proceed with final design vehicle trips to bicycle trips; paragraph (3) and inserting the following: of permanent improvements prior to that (D) include a cost-benefit analysis of bicy- ‘‘(3) DESIGN-BUILD CONTRACTING.— compliance, do not preclude— cle infrastructure investments; and ‘‘(A) DESIGN-BUILD CONTRACT.—In this sec- (A) State transportation departments and (E) include a description of any factors tion, the term ‘design-build contract’ means local transportation agencies from issuing a that would encourage more motor vehicle an agreement that provides for design and request for a proposal document, proceeding trips to be replaced with bicycle trips. construction of a project by a contractor, re- with award of a design-build contract, or (e) AUTHORIZATION OF APPROPRIATIONS.— gardless of whether the agreement is in the issuing a notice to proceed with preliminary There is authorized to be appropriated to form of a design-build contract, a franchise design work under such a contract; or carry out this section $6,200,000, to remain agreement, or any other form of contract ap- (B) concurrence in those actions by the available until expended, of which— proved by the Secretary. Secretary. (1) $5,150,000 shall be used to carry out pilot ‘‘(B) CONTRACTS.—A State transportation projects described in subsection (c); department or local transportation agency SA 604. Mr. DURBIN (for himself and (2) $300,000 shall be used by the Secretary may— Ms. COLLINS) submitted an amendment to coordinate, publicize, and disseminate the ‘‘(i) use design-build contracts for develop- intended to be proposed by him to the results of the program; and ment of projects under this chapter; and bill H.R. 3, Reserved; which was or- (3) $750,000 shall be used to carry out sub- ‘‘(ii) award those contracts using any pro- section (d). curement process permitted by applicable dered to lie on the table; as follows: State and local law. At the appropriate place, insert the fol- SA 605. Mr. INHOFE proposed an ‘‘(C) LIMITATION ON WORK TO BE PERFORMED lowing: amendment to the bill H.R. 3, Re- UNDER DESIGN-BUILD CONTRACTS.— SEC. ll. CONSERVE BY BICYCLING PROGRAM. served; as follows: ‘‘(i) IN GENERAL.—Except as provided in (a) DEFINITIONS.—In this section: clause (ii) and subject to subparagraph (D), (1) PROGRAM.—The term ‘‘program’’ means Strike all after the enacting clause and in- prior to compliance by the parties to a de- the Conserve by Bicycling Program estab- sert the following: sign-build contract with section 102 of the lished by subsection (b). SECTION 1. SHORT TITLE; TABLE OF CONTENTS. National Environmental Policy Act of 1969 (2) SECRETARY.—The term ‘‘Secretary’’ (a) SHORT TITLE.—This Act may be cited as (42 U.S.C. 4332)— means the Secretary of Transportation. the ‘‘Safe, Accountable, Flexible, and Effi- ‘‘(I) a State transportation department or (b) ESTABLISHMENT.—There is established cient Transportation Equity Act of 2005’’. local transportation agency may award a de- within the Department of Transportation a (b) TABLE OF CONTENTS.—The table of con- sign-build contract under this paragraph and program to be known as the ‘‘Conserve by tents of this Act is as follows: conduct other actions under a design-build Bicycling Program’’. Sec. 1. Short title; table of contents. contract; and (c) PROJECTS.— Sec. 2. General definitions. ‘‘(II) the Secretary may concur in the (1) IN GENERAL.—In carrying out the pro- Sec. 3. Definitions for title 23. award of, and any actions taken under, the gram, the Secretary shall establish not more TITLE I—FEDERAL-AID HIGHWAYS design-build contract. than 10 pilot projects that are— Subtitle A—Funding ‘‘(ii) EXCEPTION.—The final design of per- (A) dispersed geographically throughout the United States; and Sec. 1101. Authorization of appropriations. manent improvements shall not commence Sec. 1102. Obligation ceiling. (B) designed to conserve energy resources under a design-build contract awarded under Sec. 1103. Apportionments. this paragraph before compliance by the par- by encouraging the use of bicycles in place of Sec. 1104. Equity bonus programs. ties to the design-build contract with section motor vehicles. Sec. 1105. Revenue aligned budget authority. (2) REQUIREMENTS.—A pilot project de- 102 of the National Environmental Policy Subtitle B—New Programs Act of 1969 (42 U.S.C. 4332). scribed in paragraph (1) shall— Sec. 1201. Infrastructure performance and ‘‘(D) PROJECT AUTHORIZATION.—A design- (A) use education and marketing to con- build contract may be awarded under this vert motor vehicle trips to bicycle trips; maintenance program. Sec. 1202. Future of surface transportation paragraph prior to compliance described in (B) document project results and energy system. subparagraph (C)(ii) only— savings (in estimated units of energy con- Sec. 1203. Freight transportation gateways; ‘‘(i) upon request by the appropriate State served); (C) facilitate partnerships among inter- freight intermodal connections. transportation department or local transpor- Sec. 1204. Construction of ferry boats and ested parties in at least 2 of the fields of— tation agency; ferry terminal and maintenance (i) transportation; ‘‘(ii) with the concurrence of the Secretary facilities; coordination of ferry (ii) law enforcement; in issuing the procurement documents and construction and maintenance. (iii) education; awarding the contract (including in amend- Sec. 1205. Designation of Interstate High- (iv) public health; ing any such document or contract); and ways. ‘‘(iii) if authorization for projects to be (v) environment; and Sec. 1206. State-by-State comparison of carried out under the contract will be pro- (vi) energy; highway construction costs. vided after that compliance has occurred. (D) maximize bicycle facility investments; Subtitle C—Finance ‘‘(E) EFFECT OF CONCURRENCE.—Concur- (E) demonstrate methods that may be used rence by the Secretary under subparagraph in other regions of the United States; and Sec. 1301. Federal share. (D)(ii) shall be considered to be a prelimi- (F) facilitate the continuation of ongoing Sec. 1302. Transfer of highway and transit nary action that does not affect the environ- programs that are sustained by local refunds. Sec. 1303. Transportation Infrastructure Fi- ment.’’. sources. nance and Innovation Act (b) REGULATIONS.—Not later than 90 days (3) COST SHARING.—At least 20 percent of after the date of enactment of this Act, the the cost of each pilot project described in Amendments. Secretary shall promulgate revised regula- paragraph (1) shall be provided from State or Sec. 1304. State infrastructure banks. Sec. 1305. Public-private partnerships pilot tions under section 1307(c) of the Transpor- local sources. program. tation Equity Act for the 21st Century (23 (d) ENERGY AND BICYCLING RESEARCH U.S.C. 112 note) that— STUDY.— Subtitle D—Safety (1) permit a State transportation depart- (1) IN GENERAL.—Not later than 2 years Sec. 1401. Highway safety improvement pro- ment or local transportation agency to use after the date of enactment of this Act, the gram. any procurement process permitted by appli- Secretary shall enter into a contract with Sec. 1402. Operation lifesaver. cable State and local law in awarding design- the National Academy of Sciences for, and Sec. 1403. License suspension. build contracts, including allowing unsolic- the National Academy of Sciences shall con- Sec. 1404. Bus axle weight exemption. ited proposals, negotiated procurements, and duct and submit to Congress a report on, a Sec. 1405. Safe routes to schools program. multiple requests for final proposals (except study on the feasibility of converting motor Sec. 1406. Purchases of equipment. that the Secretary may require reasonable vehicle trips to bicycle trips. Sec. 1407. Workzone safety. Sec. 1408. Worker injury prevention and free justification to be provided for any sole (2) COMPONENTS.—The study shall— flow of vehicular traffic. source procurement or multiple requests for (A) document the results or progress of the Sec. 1409. Open container requirements. final proposals); pilot projects under subsection (b); Sec. 1410. Safe intersections. (2) may include best-practice guidelines; (B) determine the type and duration of (3) do not preclude State transportation motor vehicle trips that people in the United Subtitle E—Environmental Planning and departments and local transportation agen- States may feasibly make by bicycle, taking Review cies from allowing proposers to include al- into consideration factors such as— CHAPTER 1—TRANSPORTATION PLANNING ternative technical concepts in their base (i) weather; Sec. 1501. Integration of natural resource proposals; and (ii) land use and traffic patterns; concerns into State and metro- (4) prior to compliance by the parties to a (iii) the carrying capacity of bicycles; and politan transportation plan- design-build contract with section 102 of the (iv) bicycle infrastructure; ning.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0655 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4656 CONGRESSIONAL RECORD — SENATE May 9, 2005 Sec. 1502. Consultation between transpor- Sec. 1808. Appalachian development highway Sec. 3009. Multistate conservation grant pro- tation agencies and resource system. gram. agencies in transportation Sec. 1809. Multistate corridor program. TITLE IV—SOLID WASTE DISPOSAL planning. Sec. 1810. Border planning, operations, tech- Sec. 4001. Increased use of recovered mineral Sec. 1503. Integration of natural resource nology, and capacity program. component in federally funded concerns into transportation Sec. 1811. Puerto Rico highway program. projects involving procurement project planning. Sec. 1812. National historic covered bridge of cement or concrete. Sec. 1504. Public involvement in transpor- preservation. Sec. 4002. Use of granular mine tailings. tation planning and projects. Sec. 1813. Transportation and community Sec. 1505. Project mitigation. and system preservation pro- TITLE V—HIGHWAY REAUTHORIZATION gram. AND EXCISE TAX SIMPLIFICATION CHAPTER 2—TRANSPORTATION PROJECT Sec. 1814. Parking pilot programs. DEVELOPMENT PROCESS Sec. 5000. Short title; amendment of 1986 Sec. 1815. Interstate oasis program. Code. Sec. 1511. Transportation project develop- Sec. 1816. Tribal-State road maintenance Subtitle A—Trust Fund Reauthorization ment process. agreements. Sec. 1512. Assumption of responsibility for Sec. 1817. National forest system roads. Sec. 5101. Extension of highway-related categorical exclusions. Sec. 1818. Territorial highway program. taxes and trust funds. Sec. 1513. Surface transportation project de- Sec. 1819. Magnetic levitation transpor- Sec. 5102. Modification of adjustments of ap- livery pilot program. tation technology deployment portionments. Sec. 1514. Parks, recreation areas, wildlife program. Subtitle B—Excise Tax Reform and and waterfowl refuges, and his- Sec. 1820. Donations and credits. Simplification toric sites. Sec. 1821. Disadvantaged business enter- PART I—HIGHWAY EXCISE TAXES Sec. 1515. Regulations. prises. Sec. 5201. Modification of gas guzzler tax. CHAPTER 3—MISCELLANEOUS Sec. 1822. øReserved¿. Sec. 1823. Priority for pedestrian and bicycle Sec. 5202. Exclusion for tractors weighing Sec. 1521. Critical real property acquisition. 19,500 pounds or less from Fed- Sec. 1522. Planning capacity building initia- facility enhancement projects. Sec. 1824. The Delta Regional Authority. eral excise tax on heavy trucks tive. Sec. 1825. Multistate international corridor and trailers. Sec. 1523. Intermodal passenger facilities. development program. Sec. 5203. Exemption for equipment for Subtitle F—Environment Sec. 1826. Authorization of contract author- transporting bulk beds of farm Sec. 1601. Environmental restoration and ity for States with Indian Res- crops from excise tax on retail pollution abatement; control of ervations. sale of heavy trucks and trail- invasive plant species and es- Sec. 1827. Value pricing pilot program. ers. tablishment of native species. Sec. 1828. Credit to State of Louisiana for PART II—AQUATIC EXCISE TAXES Sec. 1602. National scenic byways program. State matching funds. Sec. 5211. Elimination of Aquatic Resources Sec. 1603. Recreational trails program. Sec. 1829. Approval and funding for certain Trust Fund and transformation Sec. 1604. Exemption of Interstate System. construction projects. of Sport Fish Restoration Ac- Sec. 1605. Standards. Subtitle I—Technical Corrections count. Sec. 1606. Use of high occupancy vehicle Sec. 1901. Repeal or update of obsolete text. Sec. 5212. Repeal of harbor maintenance tax lanes. Sec. 1902. Clarification of date. on exports. Sec. 1607. Bicycle transportation and pedes- Sec. 1903. Inclusion of requirements for signs Sec. 5213. Cap on excise tax on certain fish- trian walkways. identifying funding sources in ing equipment. Sec. 1608. Idling reduction facilities in Inter- title 23. PART III—AERIAL EXCISE TAXES state rights-of-way. Sec. 1904. Inclusion of Buy America require- Sec. 5221. Clarification of excise tax exemp- Sec. 1609. Toll programs. ments in title 23. Sec. 1610. Federal reference method. tions for agricultural aerial ap- Sec. 1905. Technical amendments to non- plicators and exemption for Sec. 1611. Addition of particulate matter discrimination section. areas to CMAQ. fixed-wing aircraft engaged in TITLE II—TRANSPORTATION RESEARCH Sec. 1612. Addition to CMAQ-eligible forestry operations. projects. Subtitle A—Funding Sec. 5222. Modification of rural airport defi- Sec. 1613. Improved interagency consulta- Sec. 2001. Authorization of appropriations. nition. tion. Sec. 2002. Obligation ceiling. Sec. 5223. Exemption from taxes on trans- Sec. 1614. Evaluation and assessment of Sec. 2003. Notice. portation provided by seaplanes. CMAQ projects. Subtitle B—Research and Technology Sec. 5224. Certain sightseeing flights exempt Sec. 1615. Synchronized planning and con- Sec. 2101. Research and technology program. formity timelines, require- from taxes on air transpor- Sec. 2102. Study of data collection and sta- tation. ments, and horizon. tistical analysis efforts. PART IV—TAXES RELATING TO ALCOHOL Sec. 1616. Transition to new air quality Sec. 2103. Centers for surface transportation standards. excellence. Sec. 5231. Repeal of special occupational Sec. 1617. Reduced barriers to air quality Sec. 2104. Motorcycle crash causation study taxes on producers and market- improvements. grants. ers of alcoholic beverages. Sec. 1618. Air quality monitoring data influ- Sec. 2105. Transportation technology inno- Sec. 5232. Modification of limitation on rate enced by exceptional events. vation and demonstration proof rum excise tax cover over to Sec. 1619. Conforming amendments. gram Puerto Rico and Virgin Islands. Sec. 1620. Highway stormwater discharge Subtitle C—Intelligent Transportation Sec. 5233. Income tax credit for distilled mitigation program. System Research spirits wholesalers and for dis- Sec. 1621. Funds for rebuilding fish stocks. tilled spirits in control State Sec. 1622. Federal procurement of recycled Sec. 2201. Intelligent transportation system bailment warehouses for costs coolant. research and technical assist- of carrying Federal excise taxes ance program. Subtitle G—Operations on bottled distilled spirits. TITLE III—RECREATIONAL BOATING Sec. 1701. Transportation systems manage- Sec. 5234. Quarterly excise tax filing for SAFETY PROGRAMS ment and operations. small alcohol excise taxpayers. Sec. 1702. Real-time system management in- Sec. 3001. Short title. PART V—SPORT EXCISE TAXES formation program. Sec. 3002. Amendment of Federal aid in Fish Sec. 5241. Custom gunsmiths. Restoration Act. Sec. 1703. Contracting for engineering and Subtitle C—Miscellaneous Provisions design services. Sec. 3003. Authorization of appropriations. Sec. 5301. Motor Fuel Tax Enforcement Ad- Sec. 1704. Designation of transportation Sec. 3004. Division of annual appropriations. visory Commission. management areas. Sec. 3005. Maintenance of projects. Sec. 3006. Boating infrastructure. Sec. 5302. National Surface Transportation Subtitle H—Federal-Aid Stewardship Sec. 3007. Requirements and restrictions Infrastructure Financing Com- Sec. 1801. Future Interstate System routes. concerning use of amounts for mission. Sec. 1802. Stewardship and oversight. expenses for administration. Sec. 5303. Expansion of Highway Trust Fund Sec. 1803. Design-build contracting. Sec. 3008. Payments of funds to and coopera- expenditure purposes to include Sec. 1804. Program efficiencies—finance. tion with Puerto Rico, the Dis- funding for studies of supple- Sec. 1805. Set-asides for interstate discre- trict of Columbia, Guam, Amer- mental or alternative financing tionary projects. ican Samoa, the Common- for the Highway Trust Fund. Sec. 1806. Federal lands highways program. wealth of the Northern Mariana Sec. 5304. Delta Regional transportation Sec. 1807. Highway bridge program. Islands, and the Virgin Islands. plan.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0655 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4657 Sec. 5305. Build America Corporation. Sec. 5602. Temporary dedication of gas guz- Sec. 6040. Alternative transportation in Sec. 5306. Increase in dollar limitation for zler tax to Highway Trust parks and public lands. qualified transportation fringe Fund. Sec. 6041. Obligation ceiling. benefits. PART II—PROVISIONS TO COMBAT FUEL FRAUD Sec. 6042. Adjustments for The Surface Sec. 5307. Treasury study of highway fuels Sec. 5611. Treatment of kerosene for use in Transportation Extension Act used by trucks for non-trans- aviation. of 2004. portation purposes. Sec. 5612. Repeal of ultimate vendor refund Sec. 6043. Disadvantaged business enter- Sec. 5308. Tax-exempt financing of highway claims with respect to farming. prise. projects and rail-truck transfer Sec. 5613. Refunds of excise taxes on exempt TITLE VII—SURFACE TRANSPORTATION facilities. sales of fuel by credit card. SAFETY IMPROVEMENT Subtitle D—Fuels-Related Technical Sec. 5614. Additional requirement for ex- Sec. 7001. Short title. Corrections empt purchases . Sec. 7002. Amendment of United States Sec. 5401. Fuels-related technical correc- Sec. 5615. Reregistration in event of change Code. tions. in ownership. SUBTITLE A—MOTOR CARRIER SAFETY Subtitle E—Revenue Offset Provisions Sec. 5616. Reconciliation of on-loaded cargo to entered cargo. CHAPTER 1—MOTOR CARRIERS PART I—GENERAL PROVISIONS Sec. 5617. Registration of deep-draft vessels. Sec. 7101. Short title. Sec. 5501. Treatment of contingent payment Sec. 5618. Taxation of gasoline blendstocks Sec. 7102. Contract authority. convertible debt instruments. and kerosene. Sec. 7103. Authorization of appropriations. Sec. 5502. Frivolous tax submissions. Sec. 5619. Nonapplication of export exemp- Sec. 7104. High risk carrier compliance re- Sec. 5503. Increase in certain criminal pen- tion to delivery of fuel to motor views. alties. vehicles removed from United Sec. 7105. Overdue reports, studies, and Sec. 5504. Doubling of certain penalties, States. rulemakings. fines, and interest on underpay- Sec. 5620. Penalty with respect to certain Sec. 7106. Amendments to the listed reports, ments related to certain off- adulterated fuels. studies, and rulemaking pro- shore financial arrangements. Sec. 5505. Modification of interaction be- TITLE VI—PUBLIC TRANSPORTATION ceedings. tween subpart F and passive Sec. 6001. Short title. Sec. 7107. Motor carrier safety grants. foreign investment company Sec. 6002. Amendments to title 49, United Sec. 7108. Technical corrections. rules. States Code; updated termi- Sec. 7109. Penalty for denial of access to Sec. 5506. Declaration by chief executive of- nology. records. ficer relating to Federal annual Sec. 6003. Policies, findings, and purposes. Sec. 7110. Medical program. corporate income tax return. Sec. 6004. Definitions. Sec. 7111. Operation of commercial motor Sec. 5507. Treasury regulations on foreign Sec. 6005. Metropolitan transportation plan- vehicles by individuals who use tax credit. ning. insulin to treat diabetes Sec. 5508. Whistleblower reforms. Sec. 6006. Statewide transportation plan- mellitus. Sec. 5509. Denial of deduction for certain ning. Sec. 7112. Financial responsibility for pri- fines, penalties, and other Sec. 6007. Transportation management vate motor carriers. amounts. areas. Sec. 7113. Increased penalties for out-of- Sec. 5510. Freeze of interest suspension rules Sec. 6008. Private enterprise participation. service violations and false with respect to listed trans- Sec. 6009. Urbanized area formula grants. records. actions. Sec. 6010. Planning programs. Sec. 7114. Intrastate operations of interstate Sec. 5511. Modifications of effective dates of Sec. 6011. Capital investment program. motor carriers. leasing provisions of the Amer- Sec. 6012. New freedom for elderly persons Sec. 7115. Authority to stop commercial ican Jobs Creation Act of 2004. and persons with disabilities. motor vehicles. Sec. 5512. Imposition of mark-to-market tax Sec. 6013. Formula grants for other than ur- Sec. 7116. Revocation of operating author- on individuals who expatriate. banized areas. ity. Sec. 5513. Disallowance of deduction for pu- Sec. 6014. Research, development, dem- Sec. 7117. Pattern of safety violations by nitive damages. onstration, and deployment motor carrier management. Sec. 5514. Application of earnings stripping projects. Sec. 7118. Motor carrier research and tech- rules to partners which are C Sec. 6015. Transit cooperative research pro- nology program. corporations. gram. Sec. 7119. International cooperation. Sec. 5515. Prohibition on deferral of gain Sec. 6016. National research programs. Sec. 7120. Performance and registration in- from the exercise of stock op- Sec. 6017. National transit institute. formation system management. tions and restricted stock gains Sec. 6018. Bus testing facility. Sec. 7121. Commercial vehicle information through deferred compensation Sec. 6019. Bicycle facilities. systems and networks deploy- Sec. 6020. Suspended light rail technology arrangements. ment. pilot project. Sec. 7122. Outreach and education. PART II—ECONOMIC SUBSTANCE DOCTRINE Sec. 6021. Crime prevention and security. Sec. 7123. Foreign commercial motor vehi- Sec. 5521. Clarification of economic sub- Sec. 6022. General provisions on assistance. stance doctrine. Sec. 6023. Special provisions for capital cles. Sec. 5522. Penalty for understatements at- projects. Sec. 7124. Pre-employment safety screening. tributable to transactions lack- Sec. 6024. Contract requirements. Sec. 7125. Class or category exemptions. ing economic substance, etc. Sec. 6025. Project management oversight Sec. 7126. Decals. Sec. 5523. Denial of deduction for interest on and review. Sec. 7127. Roadability. underpayments attributable to Sec. 6026. Project review. Sec. 7128. Motor carrier regulations. noneconomic substance trans- Sec. 6027. Investigations of safety and secu- Sec. 7129. Vehicle towing. actions. rity risk. CHAPTER 2—UNIFIED CARRIER REGISTRATION PART III—IMPROVEMENTS IN EFFICIENCY AND Sec. 6028. State safety oversight. Sec. 7131. Short title. SAFEGUARDS IN INTERNAL REVENUE SERVICE Sec. 6029. Terrorist attacks and other acts of Sec. 7132. Relationship to other laws. COLLECTION violence against public trans- Sec. 7133. Inclusion of motor private and ex- Sec. 5531. Waiver of user fee for installment portation systems. empt carriers. agreements using automated Sec. 6030. Controlled substances and alcohol Sec. 7134. Unified carrier registration sys- withdrawals. misuse testing. tem. Sec. 5532. Termination of installment agree- Sec. 6031. Employee protective arrange- Sec. 7135. Registration of motor carriers by ments. ments. States. Sec. 5533. Office of Chief Counsel review of Sec. 6032. Administrative procedures. Sec. 7136. Identification of vehicles. offers-in-compromise. Sec. 6033. Reports and audits. Sec. 7137. Use of UCR agreement revenues as Sec. 5534. Partial payments required with Sec. 6034. Apportionments of appropriations matching funds. submission of offers-in-com- for formula grants. Sec. 7138. Facilitation of international reg- promise. Sec. 6035. Apportionments for fixed guide- istration plans and inter- Sec. 5535. Joint task force on offers-in-com- way modernization. national fuel tax agreements. promise. Sec. 6036. Authorizations. Sec. 7139. Identity authentication standards. Sec. 6037. Apportionments based on growing Subtitle F—Additional Revenue Provisions Sec. 7140. Off-duty time for drivers of com- States formula factors. mercial vehicles. PART I—GENERAL PROVISIONS Sec. 6038. Job access and reverse commute Sec. 5601. Suspension of transfers from High- grants. CHAPTER 3—COMMERCIAL DRIVER’S LICENSES way Trust Fund for certain re- Sec. 6039. Over-the-road bus accessibility Sec. 7151. CDL task force. payments and credits. program. Sec. 7152. CDL learner’s permit program.

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Sec. 7153. Grants to States for commercial CHAPTER 2—OTHER MATTERS Sec. 7552. Availability of allocations. driver’s license improvements. Sec. 7361. Administrative authority for Pipe- Sec. 7553. Authorization of appropriations Sec. 7154. Modernization of CDL information line and Hazardous Materials for State recreational boating system. Safety Administration. safety programs. SUBTITLE B—HIGHWAY AND VEHICULAR Sec. 7362. Mailability of hazardous mate- Sec. 7554. Maintenance of effort for State SAFETY rials. recreational boating safety programs. Sec. 7201. Short title. Sec. 7363. Criminal matters. Sec. 7364. Cargo inspection program. SUBTITLE F—MISCELLANEOUS PROVISIONS CHAPTER 1—HIGHWAY SAFETY GRANT Sec. 7365. Information on hazmat registra- PROGRAM Sec. 7601. Office of intermodalism. tions. Sec. 7602. Capital grants for rail line reloca- Sec. 7211. Short title. Sec. 7366. Report on applying hazardous mation projects. Sec. 7212. Authorization of appropriations. terials regulations to persons Sec. 7603. Rehabilitation and improvement Sec. 7213. Highway safety programs. who reject hazardous materials. financing. Sec. 7214. Highway safety research and out- Sec. 7367. National first responder transpor- Sec. 7604. Report regarding impact on public reach programs. tation incident response sys- safety of train travel in com- Sec. 7215. National Highway Safety Advisory tem. munities without grade separa- Committee technical correc- Sec. 7368. Hazardous material transpor- tion. tion. tation plan requirement. Sec. 7605. First responder vehicle safety pro- Sec. 7216. Occupant protection grants. Sec. 7369. Welded rail and tank car safety gram. Sec. 7217. Older driver safety; law enforce- improvements. TITLE VIII—TRANSPORTATION DISCRE- ment training. Sec. 7370. Hazardous materials cooperative TIONARY SPENDING GUARANTEE AND Sec. 7218. Emergency medical services. research program. BUDGET OFFSETS Sec. 7219. Repeal of authority for alcohol CHAPTER 3—SANITARY FOOD TRANSPORTATION Sec. 8101. Sense of the Senate on overall traffic safety programs. Sec. 7381. Short title. Sec. 7220. Impaired driving program. Sec. 7382. Responsibilities of the Secretary Federal budget. Sec. 7221. State traffic safety information of Health and Human Services. Sec. 8102. Discretionary spending categories. system improvements. Sec. 7383. Department of Transportation re- Sec. 8103. Level of obligation limitations. Sec. 7222. NHTSA accountability. quirements. SEC. 2. GENERAL DEFINITIONS. Sec. 7223. Grants for improving child pas- Sec. 7384. Effective date. In this Act: (1) DEPARTMENT.—The term ‘‘Department’’ senger safety programs. SUBTITLE D—HOUSEHOLD GOODS MOVERS Sec. 7224. Motorcyclist safety training and means the Department of Transportation. Sec. 7401. Short title. (2) SECRETARY.—The term ‘‘Secretary’’ motorist awareness programs. Sec. 7402. Definitions. CHAPTER 2—SPECIFIC VEHICLE SAFETY- Sec. 7403. Payment of rates. means the Secretary of Transportation. RELATED RULINGS Sec. 7404. Household goods carrier oper- SEC. 3. DEFINITIONS FOR TITLE 23. Sec. 7251. Vehicle rollover prevention and ations. Section 101 of title 23, United States Code, crash mitigation. Sec. 7405. Liability of carriers under receipts is amended by striking subsection (a) and in- Sec. 7252. Side-impact crash protection rule- and bills of lading. serting the following: making. Sec. 7406. Arbitration requirements. ‘‘(a) DEFINITIONS.—In this title: Sec. 7253. Tire research. Sec. 7407. Enforcement of regulations re- ‘‘(1) APPORTIONMENT.—The term ‘appor- Sec. 7254. Vehicle backover avoidance tech- lated to transportation of tionment’ includes an unexpended apportion- nology study. household goods. ment made under a law enacted before the Sec. 7255. Nontraffic incident data collec- Sec. 7408. Working group for development of date of enactment of the Safe, Accountable, tion. practices and procedures to en- Flexible, and Efficient Transportation Eq- Sec. 7256. Safety belt use reminders. hance Federal-State relations. uity Act of 2005. Sec. 7257. Amendment of Automobile Infor- Sec. 7409. Information about household ‘‘(2) CARPOOL PROJECT.— mation Disclosure Act. goods transportation on car- ‘‘(A) IN GENERAL.—The term ‘carpool Sec. 7258. Power window switches. riers’ websites. project’ means any project to encourage the Sec. 7259. 15-passenger van safety. Sec. 7410. Consumer complaints. use of carpools and vanpools. Sec. 7411. Review of liability of carriers. ‘‘(B) INCLUSIONS.—The term ‘carpool Sec. 7260. Updated fuel economy labeling Sec. 7412. Civil penalties relating to house- project’ includes a project— procedures. hold goods brokers. ‘‘(i) to provide carpooling opportunities to Sec. 7261. Authorization of appropriations. Sec. 7413. Civil and criminal penalty for fail- the elderly and individuals with disabilities; SUBTITLE C—HAZARDOUS MATERIALS ing to give up possession of ‘‘(ii) to develop and implement a system Sec. 7301. Short title. household goods. for locating potential riders and informing CHAPTER 1—GENERAL AUTHORITIES ON Sec. 7414. Progress report. Sec. 7415. Additional registration require- the riders of carpool opportunities; TRANSPORTATION OF HAZARDOUS MATERIALS ments for motor carriers of ‘‘(iii) to acquire vehicles for carpool use; Sec. 7321. Purpose. household goods. ‘‘(iv) to designate highway lanes as pref- Sec. 7322. Definitions. erential carpool highway lanes; SUBTITLE E—SPORTFISHING AND Sec. 7323. General regulatory authority. ‘‘(v) to provide carpool-related traffic con- RECREATIONAL BOATING SAFETY Sec. 7324. Limitation on issuance of hazmat trol devices; and licenses. Sec. 7501. Short title. ‘‘(vi) to designate facilities for use for pref- Sec. 7325. Background checks for drivers CHAPTER 1—FEDERAL AID IN SPORT FISH erential parking for carpools. hauling hazardous materials. RESTORATION ACT AMENDMENTS ‘‘(3) CONSTRUCTION.— Sec. 7326. Representation and tampering. Sec. 7511. Amendment of Federal Aid in ‘‘(A) IN GENERAL.—The term ‘construction’ Sec. 7327. Transporting certain material. Sport Fish Restoration Act. means the supervision, inspection, and ac- Sec. 7328. Hazmat employee training re- Sec. 7512. Authorization of appropriations. tual building of, and incurring of all costs in- quirements and grants. Sec. 7513. Division of annual appropriations. cidental to the construction or reconstruc- Sec. 7329. Registration. Sec. 7514. Maintenance of projects. tion of a highway, including bond costs and Sec. 7330. Shipping papers and disclosure. Sec. 7515. Boating infrastructure. other costs relating to the issuance in ac- Sec. 7331. Rail tank cars. Sec. 7516. Requirements and restrictions cordance with section 122 of bonds or other Sec. 7332. Unsatisfactory safety ratings. concerning use of amounts for debt financing instruments and costs in- Sec. 7333. Training curriculum for the public expenses for administration. curred by the State in performing Federal- sector. Sec. 7517. Payments of funds to and coopera- aid project related audits that directly ben- Sec. 7334. Planning and training grants; tion with Puerto Rico, the Dis- efit the Federal-aid highway program. emergency preparedness fund. trict of Columbia, Guam, Amer- ‘‘(B) INCLUSIONS.—The term ‘construction’ Sec. 7335. Special permits and exclusions. ican Samoa, the Common- includes— Sec. 7336. Uniform forms and procedures. wealth of the Northern Mariana ‘‘(i) locating, surveying, and mapping (in- Sec. 7337. Hazardous materials transpor- Islands, and the Virgin Islands. tation safety and security. Sec. 7518. Multistate conservation grant pro- cluding the establishment of temporary and Sec. 7338. Enforcement. gram. permanent geodetic markers in accordance Sec. 7339. Civil penalties. Sec. 7519. Expenditures from boat safety ac- with specifications of the National Oceanic Sec. 7340. Criminal penalties. count. and Atmospheric Administration); ‘‘(ii) resurfacing, restoration, and rehabili- Sec. 7341. Preemption. CHAPTER 2—CLEAN VESSEL ACT AMENDMENTS Sec. 7342. Relationship to other laws. tation; Sec. 7531. Grant program. Sec. 7343. Judicial review. ‘‘(iii) acquisition of rights-of-way; Sec. 7344. Authorization of appropriations. CHAPTER 3—RECREATIONAL BOATING SAFETY ‘‘(iv) relocation assistance, acquisition of Sec. 7345. Additional civil and criminal pen- PROGRAM AMENDMENTS replacement housing sites, and acquisition alties. Sec. 7551. State matching funds require- and rehabilitation, relocation, and construc- Sec. 7346. Technical corrections. ment. tion of replacement housing;

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‘‘(v) elimination of hazards of railway ‘‘(B) a right-of-way, bridge, railroad-high- ‘‘(A) IN GENERAL.—The term ‘operational grade crossings; way crossing, tunnel, drainage structure, improvement’ means— ‘‘(vi) elimination of roadside obstacles; sign, guardrail, and protective structure, in ‘‘(i) a capital improvement for installation ‘‘(vii) improvements that directly facili- connection with a highway; and or implementation of— tate and control traffic flow, such as— ‘‘(C) a portion of any interstate or inter- ‘‘(I) a transportation system management ‘‘(I) grade separation of intersections; national bridge or tunnel (including the ap- and operations program; ‘‘(II) widening of lanes; proaches to the interstate or international ‘‘(II) traffic and transportation security ‘‘(III) channelization of traffic; bridge or tunnel, and such transportation fa- surveillance and control equipment; ‘‘(IV) traffic control systems; and cilities as may be required by the United ‘‘(III) a computerized signal system; ‘‘(V) passenger loading and unloading States Customs Service and the Bureau of ‘‘(IV) a motorist information system; areas; Citizenship and Immigration Services in con- ‘‘(V) an integrated traffic control system; ‘‘(viii) capital improvements that directly nection with the operation of an inter- ‘‘(VI) an incident management program; facilitate an effective vehicle weight en- national bridge or tunnel), the cost of which ‘‘(VII) equipment and programs for trans- forcement program, such as— is assumed by a State transportation depart- portation response to manmade and natural ‘‘(I) scales (fixed and portable); ment. disasters; or ‘‘(II) scale pits; ‘‘(12) HIGHWAY SAFETY IMPROVEMENT ‘‘(VIII) a transportation demand manage- ‘‘(III) scale installation; and PROJECT.—The term ‘highway safety im- ment facility, strategy, or program; and ‘‘(IV) scale houses; provement project’ means a project that ‘‘(ii) such other capital improvements to a meets the requirements of section 148. public road as the Secretary may designate ‘‘(ix) improvements directly relating to se- ‘‘(13) INDIAN RESERVATION ROAD.— by regulation. curing transportation infrastructures for de- ‘‘(A) IN GENERAL.—The term ‘Indian res- ‘‘(B) EXCLUSIONS.—The term ‘operational tection, preparedness, response, and recov- ervation road’ means a public road that is lo- improvement’ does not include— ery; cated within or provides access to an area ‘‘(i) a resurfacing, restorative, or rehabili- ‘‘(x) operating costs relating to traffic described in subparagraph (B) on which or in tative improvement; monitoring, management, and control; which reside Indians or Alaskan Natives ‘‘(ii) construction of an additional lane, ‘‘(xi) operational improvements; and that, as determined by the Secretary of the interchange, or grade separation; or ‘‘(xii) transportation system management Interior, are eligible for services generally ‘‘(iii) construction of a new facility on a and operations. available to Indians under Federal laws spe- new location. ‘‘(4) COUNTY.—The term ‘county’ includes— cifically applicable to Indians. ‘‘(21) PARK ROAD.—The term ‘park road’ ‘‘(A) a corresponding unit of government ‘‘(B) AREAS.—The areas referred to in sub- means a public road (including a bridge built under any other name in a State that does paragraph (A) are— primarily for pedestrian use, but with capac- not have county organizations; and ‘‘(i) an Indian reservation; ity for use by emergency vehicles) that is lo- ‘‘(B) in those States in which the county ‘‘(ii) Indian trust land or restricted Indian cated within, or provides access to, an area government does not have jurisdiction over land that is not subject to fee title alien- in the National Park System with title and highways, any local government unit vested ation without the approval of the Federal maintenance responsibilities vested in the with jurisdiction over local highways. Government; and United States. ‘‘(5) FEDERAL-AID HIGHWAY.— ‘‘(iii) an Indian or Alaska Native village, ‘‘(22) PARKWAY.—The term ‘parkway’ ‘‘(A) IN GENERAL.—The term ‘Federal-aid group, or community. means a parkway authorized by an Act of highway’ means a highway eligible for as- ‘‘(14) INTERSTATE SYSTEM.—The term Congress on land to which title is vested in sistance under this chapter. ‘Interstate System’ means the Dwight D. Ei- the United States. ‘‘(B) EXCLUSIONS.—The term ‘Federal-aid senhower National System of Interstate and ‘‘(23) PROJECT.—The term ‘project’ means— highway’ does not include a highway classi- Defense Highways described in section 103(c). ‘‘(A)(i) an undertaking to construct a par- fied as a local road or rural minor collector. ‘‘(15) MAINTENANCE.— ticular portion of a highway; or ‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Fed- ‘‘(A) IN GENERAL.—The term ‘maintenance’ ‘‘(ii) if the context so implies, a particular eral-aid system’ means any of the Federal- means the preservation of a highway. portion of a highway so constructed; and aid highway systems described in section 103. ‘‘(B) INCLUSIONS.—The term ‘maintenance’ ‘‘(B) any other undertaking eligible for as- ‘‘(7) FEDERAL LANDS HIGHWAY.—The term includes the preservation of— sistance under this title. ‘Federal lands highway’ means— ‘‘(i) the surface, shoulders, roadsides, and ‘‘(24) PROJECT AGREEMENT.—The term ‘‘(A) a forest highway; structures of a highway; and ‘project agreement’ means the formal instru- ‘‘(B) a recreation road; ‘‘(ii) such traffic-control devices as are ment to be executed by the Secretary and re- ‘‘(C) a public Forest Service road; necessary for safe, secure, and efficient use cipient of funds under this title. ‘‘(D) a park road; of a highway. ‘‘(25) PUBLIC AUTHORITY.—The term ‘public ‘‘(E) a parkway; ‘‘(16) MAINTENANCE AREA.—The term ‘main- authority’ means a Federal, State, county, ‘‘(F) a refuge road; tenance area’ means an area that was des- town, or township, Indian tribe, municipal or ‘‘(G) an Indian reservation road; and ignated as a nonattainment area, but was other local government or instrumentality ‘‘(H) a public lands highway. later redesignated by the Administrator of with authority to finance, build, operate, or ‘‘(8) FOREST HIGHWAY.—The term ‘forest the Environmental Protection Agency as an maintain toll or toll-free facilities. highway’ means a forest road that is— attainment area, under section 107(d) of the ‘‘(26) PUBLIC FOREST SERVICE ROAD.—The ‘‘(A) under the jurisdiction of, and main- Clean Air Act (42 U.S.C. 7407(d)). term ‘public Forest Service road’ means a tained by, a public authority; and ‘‘(17) NATIONAL FOREST SYSTEM ROAD OR classified forest road— ‘‘(B) is open to public travel. TRAIL.—The term ‘National Forest System ‘‘(A) that is open to public travel; ‘‘(9) FOREST ROAD OR TRAIL.— road or trail’ means a forest road or trail ‘‘(B) for which title and maintenance re- ‘‘(A) IN GENERAL.—The term ‘forest road or that is under the jurisdiction of the Forest sponsibility is vested in the Federal Govern- trail’ means a road or trail wholly or partly Service. ment; and within, or adjacent to, and serving National ‘‘(18) NATIONAL HIGHWAY SYSTEM.—The ‘‘(C) that has been designated a public road Forest System land that is necessary for the term ‘National Highway System’ means the by the Forest Service. protection, administration, use, and develop- Federal-aid highway system described in sec- ‘‘(27) PUBLIC LANDS DEVELOPMENT ROADS ment of the resources of that land. tion 103(b). AND TRAILS.—The term ‘public lands develop- ‘‘(B) INCLUSIONS.—The term ‘forest road or ‘‘(19) OPERATING COSTS FOR TRAFFIC MONI- ment roads and trails’ means roads and trail’ includes— TORING, MANAGEMENT, AND CONTROL.—The trails that the Secretary of the Interior de- ‘‘(i) a classified forest road; term ‘operating costs for traffic monitoring, termines are of primary importance for the ‘‘(ii) an unclassified forest road; management, and control’ includes— development, protection, administration, ‘‘(iii) a temporary forest road; and ‘‘(A) labor costs; and use of public lands and resources under ‘‘(iv) a public forest service road. ‘‘(B) administrative costs; the control of the Secretary of the Interior. ‘‘(10) FREIGHT TRANSPORTATION GATEWAY.— ‘‘(C) costs of utilities and rent; ‘‘(28) PUBLIC LANDS HIGHWAY.—The term ‘‘(A) IN GENERAL.—The term ‘freight trans- ‘‘(D) costs incurred by transportation ‘public lands highway’ means— portation gateway’ means a nationally or re- agencies for technology to monitor critical ‘‘(A) a forest road that is— gionally significant transportation port of transportation infrastructure for security ‘‘(i) under the jurisdiction of, and main- entry or hub for domestic and global trade or purposes; and tained by, a public authority; and military mobilization. ‘‘(E) other costs associated with transpor- ‘‘(ii) open to public travel; and ‘‘(B) INCLUSIONS.—The term ‘freight trans- tation systems management and operations ‘‘(B) any highway through unappropriated portation gateway’ includes freight inter- and the continuous operation of traffic con- or unreserved public land, nontaxable Indian modal and Strategic Highway Network control, such as— land, or any other Federal reservation (in- nections that provide access to and from a ‘‘(i) an integrated traffic control system; cluding a main highway through such land port or hub described in subparagraph (A). ‘‘(ii) an incident management program; or reservation that is on the Federal-aid sys- ‘‘(11) HIGHWAY.—The term ‘highway’ in- and tem) that is— cludes— ‘‘(iii) a traffic control center. ‘‘(i) under the jurisdiction of, and main- ‘‘(A) a road, street, and parkway; ‘‘(20) OPERATIONAL IMPROVEMENT.— tained by, a public authority; and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4660 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(ii) open to public travel. ‘‘(i) to address water pollution due to high- (B) $7,606,591,948 for fiscal year 2006; ‘‘(29) PUBLIC ROAD.—The term ‘public road’ way runoff; or (C) $7,628,384,160 for fiscal year 2007; means any road or street that is— ‘‘(ii) reduce vehicle-caused wildlife mor- (D) $8,007,988,062 for fiscal year 2008; and ‘‘(A) under the jurisdiction of, and main- tality while maintaining habitat (E) $8,124,348,085 for fiscal year 2009. tained by, a public authority; and connectivity. (3) BRIDGE PROGRAM.—For the bridge pro- ‘‘(B) open to public travel. ‘‘(L) Establishment of transportation mu- gram under section 144 of that title— ‘‘(30) RECREATIONAL ROAD.—The term ‘rec- seums. (A) $5,171,723,801 for fiscal year 2005; reational road’ means a public road— ‘‘(39) TRANSPORTATION SYSTEMS MANAGE- (B) $5,365,009,649 for fiscal year 2006; ‘‘(A) that provides access to a museum, MENT AND OPERATIONS.— (C) $5,349,259,875 for fiscal year 2007; lake, reservoir, visitors center, gateway to a ‘‘(A) IN GENERAL.—The term ‘transpor- (D) $5,647,754,080 for fiscal year 2008; and major wilderness area, public use area, or tation systems management and operations’ (E) $5,729,786,635 for fiscal year 2009. recreational or historic site; and means an integrated program to optimize (4) SURFACE TRANSPORTATION PROGRAM.— ‘‘(B) for which title is vested in the Federal the performance of existing infrastructure For the surface transportation program Government. through the implementation of multimodal under section 133 of that title— ‘‘(31) REFUGE ROAD.—The term ‘refuge road’ and intermodal, cross-jurisdictional systems, (A) $7,588,497,988 for fiscal year 2005; means a public road— services, and projects designed to preserve (B) $7,878,361,598 for fiscal year 2006; ‘‘(A) that provides access to or within a capacity and improve security, safety, and (C) $7,900,976,158 for fiscal year 2007; unit of the National Wildlife Refuge System reliability of the transportation system. (D) $8,294,904,735 for fiscal year 2008; and (E) $8,415,808,100 for fiscal year 2009. or a national fish hatchery; and ‘‘(B) INCLUSIONS.—The term ‘transpor- (5) CONGESTION MITIGATION AND AIR QUALITY ‘‘(B) for which title and maintenance re- tation systems management and operations’ IMPROVEMENT PROGRAM.—For the congestion sponsibility is vested in the United States includes— mitigation and air quality improvement pro- Government. ‘‘(i) regional operations collaboration and coordination activities between transpor- gram under section 149 of that title— ‘‘(32) RURAL AREA.—The term ‘rural area’ (A) $2,051,899,502 for fiscal year 2005; means an area of a State that is not included tation and public safety agencies; and (B) $2,124,435,995 for fiscal year 2006; in an urban area. ‘‘(ii) improvements to the transportation system such as traffic detection and surveil- (C) $2,130,535,073 for fiscal year 2007; ‘‘(33) SECRETARY.—The term ‘Secretary’ (D) $2,236,776,417 for fiscal year 2008; and means the Secretary of Transportation. lance, arterial management, freeway management, demand management, work zone (E) $2,269,463,235 for fiscal year 2009. ‘‘(34) STATE.—The term ‘State’ means— (6) HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(A) a State; management, emergency management, electronic toll collection, automated enforce- GRAM.—For the highway safety improvement ‘‘(B) the District of Columbia; and program under section 148 of that title— ‘‘(C) the Commonwealth of Puerto Rico. ment, traffic incident management, roadway weather management, traveler information (A) $1,253,007,425 for fiscal year 2005; ‘‘(35) STATE FUNDS.—The term ‘State funds’ (C) $1,291,977,089 for fiscal year 2006; includes funds that are— services, commercial vehicle operations, traffic control, freight management, and co- (D) $1,305,007,731 for fiscal year 2007; ‘‘(A) raised under the authority of the (E) $1,369,468,771 for fiscal year 2008; and State (or any political or other subdivision ordination of highway, rail, transit, bicycle, and pedestrian operations. (F) $1,389,408,993 for fiscal year 2009. of a State); and (7) APPALACHIAN DEVELOPMENT HIGHWAY ‘‘(B) made available for expenditure under ‘‘(40) URBAN AREA.—The term ‘urban area’ means— SYSTEM PROGRAM.—For the Appalachian de- the direct control of the State transpor- velopment highway system program under tation department. ‘‘(A) an urbanized area (or, in the case of an urbanized area encompassing more than 1 section 170 of that title, $552,048,803 for each ‘‘(36) STATE TRANSPORTATION DEPART- State, the portion of the urbanized area in of fiscal years 2005 through 2009. MENT.—The term ‘State transportation de- each State); and (8) RECREATIONAL TRAILS PROGRAM.—For partment’ means the department, agency, the recreational trails program under sec- commission, board, or official of any State ‘‘(B) an urban place designated by the Bu- reau of the Census that— tion 206 of that title, $56,140,557 for each of charged by the laws of the State with the re- fiscal years 2005 through 2009. sponsibility for highway construction. ‘‘(i) has a population of 5,000 or more; ‘‘(ii) is not located within any urbanized (9) FEDERAL LANDS HIGHWAYS PROGRAM.— ‘‘(37) TERRITORIAL HIGHWAY SYSTEM.—The area; and (A) INDIAN RESERVATION ROADS.—For In- term ‘territorial highway system’ means the dian reservation roads under section 204 of system of arterial highways, collector roads, ‘‘(iii) is located within boundaries that— ‘‘(I) are fixed cooperatively by responsible that title— and necessary interisland connectors in (i) $305,054,403 for fiscal year 2005; State and local officials, subject to approval American Samoa, the Commonwealth of the (ii) $328,520,126 for fiscal year 2006; by the Secretary; and Northern Mariana Islands, Guam, and the (iii) $351,985,849 for fiscal year 2007; ‘‘(II) encompass, at a minimum, the entire United States Virgin Islands that have been (iv) $375,451,572 for fiscal year 2008; and urban place designated by the Bureau of the designated by the appropriate Governor or (v) $398,917,296 for fiscal year 2009. Census (except in the case of cities in the chief executive officer of a territory, and ap- (B) RECREATION ROADS.—For recreation State of Maine and in the State of New proved by the Secretary, in accordance with roads under section 204 of that title, Hampshire). section 215. $46,931,447 for each of fiscal years 2005 ‘‘(41) URBANIZED AREA.—The term ‘urban- ‘‘(38) TRANSPORTATION ENHANCEMENT ACTIV- through 2009. ized area’ means an area that— ITY.—The term ‘transportation enhancement (C) PARK ROADS AND PARKWAYS.—For park activity’ means, with respect to any project ‘‘(A) has a population of 50,000 or more; roads and parkways under section 204 of that or the area to be served by the project, any ‘‘(B) is designated by the Bureau of the title— of the following activities as the activities Census; and (i) $290,974,969 for fiscal year 2005; and relate to surface transportation: ‘‘(C) is located within boundaries that— (ii) $300,361,258 for each of fiscal years 2006 ‘‘(A) Provision of facilities for pedestrians ‘‘(i) are fixed cooperatively by responsible through 2009. State and local officials, subject to approval and bicycles. (D) REFUGE ROADS.—For refuge roads under ‘‘(B) Provision of safety and educational by the Secretary; and section 204 of that title, $29,158,868 for each of activities for pedestrians and bicyclists. ‘‘(ii) encompass, at a minimum, the entire fiscal years 2005 through 2009. urbanized area within a State as designated ‘‘(C) Acquisition of scenic easements and (E) PUBLIC LANDS HIGHWAYS.—For Federal scenic or historic sites (including historic by the Bureau of the Census.’’. lands highways under section 204 of that battlefields). TITLE I—FEDERAL-AID HIGHWAYS title, $281,588,679 for each of fiscal years 2005 ‘‘(D) Scenic or historic highway programs Subtitle A—Funding through 2009. (including the provision of tourist and wel- SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. (F) SAFETY.—For safety under section 204 come center facilities). The following sums are authorized to be of that title, $37,545,157 for each of fiscal ‘‘(E) Landscaping and other scenic beau- appropriated out of the Highway Trust Fund years 2005 through 2009. tification. (other than the Mass Transit Account): (10) MULTISTATE CORRIDOR PROGRAM.—For ‘‘(F) Historic preservation. (1) INTERSTATE MAINTENANCE PROGRAM.— the multistate corridor program under sec- ‘‘(G) Rehabilitation and operation of his- For the Interstate maintenance program tion 171 of that title— toric transportation buildings, structures, or under section 119 of title 23, United States (A) $124,987,840 for fiscal year 2005; facilities (including historic railroad facili- Code— (B) $145,819,146 for fiscal year 2006; ties and canals). (A) $6,017,113,333 for fiscal year 2005; (C) $166,650,453 for fiscal year 2007; ‘‘(H) Preservation of abandoned railway (B) $6,258,525,160 for fiscal year 2006; (D) $187,481,760 for fiscal year 2008; and corridors (including the conversion and use (C) $6,276,479,750 for fiscal year 2007; (E) $208,313,066 for fiscal year 2009. of the corridors for pedestrian or bicycle (D) $6,589,235,166 for fiscal year 2008; and (11) BORDER PLANNING, OPERATIONS, AND trails). (E) $6,685,150,152 for fiscal year 2009. TECHNOLOGY PROGRAM.—For the border plan- ‘‘(I) Control and removal of outdoor adver- (2) NATIONAL HIGHWAY SYSTEM.—For the ning, operations, and technology program tising. National Highway System under section 103 under section 172 of that title— ‘‘(J) Archaeological planning and research. of that title— (A) $124,987,840 for fiscal year 2005; ‘‘(K) Environmental mitigation— (A) $7,316,858,660 for fiscal year 2005; (B) $145,819,146 for fiscal year 2006;

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4661 (C) $166,650,453 for fiscal year 2007; (9) Federal-aid highway programs for portioned for the equity bonus program for (D) $187,481,760 for fiscal year 2008; and which obligation authority was made avail- the fiscal year are greater than $639,000,000, (E) $208,313,066 for fiscal year 2009. able under the Transportation Equity Act and the Appalachian development highway (12) NATIONAL SCENIC BYWAYS PROGRAM.— for the 21st Century (Public Law 105–178; 112 system program) that are apportioned by the For the national scenic byways program Stat. 107) or subsequent public laws for mul- Secretary under this Act and title 23, United under section 162 of that title— tiple years or to remain available until used, States Code, in the ratio that— (A) $32,852,013 for fiscal year 2005; but only to the extent that the obligation (A) amounts authorized to be appropriated (B) $33,790,642 for fiscal year 2006; authority has not lapsed or been used; and for the programs that are apportioned to (C) $34,729,270 for fiscal year 2007; and (10) section 105 of title 23, United States each State for the fiscal year; bear to (D) $36,606,528 for each of fiscal years 2008 Code (but, for each of fiscal years 2005 (B) the total of the amounts authorized to and 2009. through 2009, only in an amount equal to be appropriated for the programs that are (13) INFRASTRUCTURE PERFORMANCE AND $639,000,000 per fiscal year). apportioned to all States for the fiscal year. MAINTENANCE PROGRAM.—For carrying out (c) DISTRIBUTION OF OBLIGATION AUTHOR- (d) REDISTRIBUTION OF UNUSED OBLIGATION the infrastructure performance and mainte- ITY.—For each of fiscal years 2005 through AUTHORITY.—Notwithstanding subsection (c), nance program under section 139 of that title 2009, the Secretary— the Secretary shall, after August 1 of each of $0 for fiscal year 2004. (1) shall not distribute obligation author- fiscal years 2005 through 2009— (14) CONSTRUCTION OF FERRY BOATS AND ity provided by subsection (a) for the fiscal (1) revise a distribution of the obligation FERRY TERMINAL FACILITIES.—For construc- year for— authority made available under subsection tion of ferry boats and ferry terminal facili- (A) amounts authorized for administrative (c) if an amount distributed cannot be obli- ties under section 147 of that title, $56,916,300 expenses and programs by section 104(a) of gated during that fiscal year; and for each of fiscal years 2005 through 2009. title 23, United States Code; (2) redistribute sufficient amounts to those (B) programs funded from the administra- (15) COMMONWEALTH OF PUERTO RICO HIGH- States able to obligate amounts in addition tive takedown authorized by section 104(a)(1) WAY PROGRAM.—For the Commonwealth of to those previously distributed during that Puerto Rico highway program under section of title 23, United States Code; and fiscal year, giving priority to those States 173 of that title— (C) amounts authorized for the highway having large unobligated balances of funds (A) $136,101,195 for fiscal year 2005; use tax evasion program and the Bureau of apportioned under sections 104 and 144 of (B) $139,855,711 for fiscal year 2006; Transportation Statistics; title 23, United States Code. (2) shall not distribute an amount of obli- (C) $144,548,855 for fiscal year 2007; (e) APPLICABILITY OF OBLIGATION LIMITA- gation authority provided by subsection (a) (D) $150,180,629 for fiscal year 2008; and TIONS TO TRANSPORTATION RESEARCH PRO- that is equal to the unobligated balance of (E) $152,996,516 for fiscal year 2009. GRAMS.— amounts made available from the Highway (16) PUBLIC-PRIVATE PARTNERSHIPS PILOT (1) IN GENERAL.—Except as provided in Trust Fund (other than the Mass Transit Ac- PROGRAM.—For the public-private partner- paragraph (2), obligation limitations im- count) for Federal-aid highway and highway ships pilot program under section 109(c)(3) of posed by subsection (a) shall apply to con- safety programs for previous fiscal years the that title, $9,386,289 for each of fiscal years tract authority for transportation research funds for which are allocated by the Sec- 2005 through 2009. programs carried out under— retary; (17) DENALI ACCESS SYSTEM.—For the (A) chapter 5 of title 23, United States (3) shall determine the ratio that— Code; and Denali Access System under section 309 of (A) the obligation authority provided by the Denali Commission Act of 1998 (42 U.S.C. (B) title II of this Act. subsection (a) for the fiscal year, less the ag- (2) EXCEPTION.—Obligation authority made 3121 note; Public Law 105–277), $28,158,868 for gregate of amounts not distributed under each of fiscal years 2005 through 2009. available under paragraph (1) shall— paragraphs (1) and (2); bears to (A) remain available for a period of 3 fiscal (18) DELTA REGION TRANSPORTATION DEVEL- (B) the total of the sums authorized to be OPMENT PROGRAM.—For planning and con- years; and appropriated for the Federal-aid highway (B) be in addition to the amount of any struction activities authorized under the and highway safety construction programs Delta Regional Authority, $75,090,314 for limitation imposed on obligations for Fed- (other than sums authorized to be appro- eral-aid highway and highway safety con- each of fiscal years 2005 through 2009. priated for provisions of law described in (19) INTERMODAL PASSENGER FACILITIES.— struction programs for future fiscal years. paragraphs (1) through (9) of subsection (b) (f) REDISTRIBUTION OF CERTAIN AUTHORIZED For intermodal passenger facilities under and sums authorized to be appropriated for FUNDS.— subchapter III of chapter 55 of title 49, section 105 of title 23, United States Code, (1) IN GENERAL.—Not later than 30 days United States Code, $9,386,289 for each of fis- equal to the amount referred to in sub- after the date of distribution of obligation cal years 2005 through 2009. section (b)(10) for the fiscal year), less the authority under subsection (c) for each of fis- SEC. 1102. OBLIGATION CEILING. aggregate of the amounts not distributed cal years 2005 through 2009, the Secretary (a) GENERAL LIMITATION.—Subject to sub- under paragraphs (1) and (2); shall distribute to the States any funds sections (g) and (h), and notwithstanding any (4) shall distribute the obligation author- that— other provision of law, the obligations for ity provided by subsection (a) less the aggre- (A) are authorized to be appropriated for Federal-aid highway and highway safety con- gate amounts not distributed under para- the fiscal year for Federal-aid highway pro- struction programs shall not exceed— graphs (1) and (2), for section 14501 of title 40, grams; and (1) $34,263,000,000 for fiscal year 2005; United States Code, so that the amount of (B) the Secretary determines will not be (2) $38,924,000,000 for fiscal year 2006; obligation authority available for that sec- allocated to the States, and will not be avail- (3) $39,352,000,000 for fiscal year 2007; tion is equal to the amount determined by able for obligation, in the fiscal year due to (4) $41,304,000,000 for fiscal year 2008; and multiplying— the imposition of any obligation limitation (5) $42,007,000,000 for fiscal year 2009. (A) the ratio determined under paragraph for the fiscal year. (b) EXCEPTIONS.—The limitations under (3); by (2) RATIO.—Funds shall be distributed subsection (a) shall not apply to obligations (B) the sums authorized to be appropriated under paragraph (1) in the same ratio as the under or for— for that section for the fiscal year; distribution of obligation authority under (1) section 125 of title 23, United States (5) shall distribute among the States the subsection (c)(6). Code; obligation authority provided by subsection (3) AVAILABILITY.—Funds distributed under (2) section 147 of the Surface Transpor- (a), less the aggregate amounts not distrib- paragraph (1) shall be available for any pur- tation Assistance Act of 1978 (23 U.S.C. 144 uted under paragraphs (1) and (2), for each of pose described in section 133(b) of title 23, note; 92 Stat. 2714); the programs that are allocated by the Sec- United States Code. (3) section 9 of the Federal-Aid Highway retary under this Act and title 23, United (g) SPECIAL RULE.—Obligation authority Act of 1981 (Public Law 97–134; 95 Stat. 1701); States Code (other than to programs to distributed for a fiscal year under subsection (4) subsections (b) and (j) of section 131 of which paragraph (1) applies), by multi- (c)(4) for the provision specified in sub- the Surface Transportation Assistance Act plying— section (c)(4) shall— of 1982 (Public Law 97–424; 96 Stat. 2119); (A) the ratio determined under paragraph (1) remain available until used for obliga- (5) subsections (b) and (c) of section 149 of (3); by tion of funds for that provision; and the Surface Transportation and Uniform Re- (B) the amounts authorized to be appro- (2) be in addition to the amount of any lim- location Assistance Act of 1987 (Public Law priated for each such program for the fiscal itation imposed on obligations for Federal- 100–17; 101 Stat. 198); year; and aid highway and highway safety construc- (6) sections 1103 through 1108 of the Inter- (6) shall distribute the obligation author- tion programs for future fiscal years. modal Surface Transportation Efficiency Act ity provided by subsection (a), less the aggre- (h) ADJUSTMENT IN OBLIGATION LIMIT.— of 1991 (Public Law 102–240; 105 Stat. 2027); gate amounts not distributed under para- (1) IN GENERAL.—A limitation on obliga- (7) section 157 of title 23, United States graphs (1) and (2) and the amounts distrib- tions imposed by subsection (a) for a fiscal Code (as in effect on June 8, 1998); uted under paragraphs (4) and (5), for Fed- year shall be adjusted by an amount equal to (8) section 105 of title 23, United States eral-aid highway and highway safety con- the amount determined in accordance with Code (as in effect for fiscal years 1998 struction programs (other than the amounts section 251(b)(1)(B) of the Balanced Budget through 2003, but only in an amount equal to apportioned for the equity bonus program, and Emergency Deficit Control Act of 1985 (2 $639,000,000 for each of those fiscal years); but only to the extent that the amounts ap- U.S.C. 901(b)(1)(B)) for the fiscal year.

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(2) DISTRIBUTION.—An adjustment under ‘‘(6) FEDERAL SHARE.—Funds apportioned of fiscal years 1998 through 2003 for the pro- paragraph (1) shall be distributed in accord- to a State under this subsection shall be grams specified in paragraph (2). ance with this section. matched in accordance with section 120(b) ‘‘(2) SPECIFIC PROGRAMS.—The programs re- (i) LIMITATIONS ON OBLIGATIONS FOR ADMIN- unless the Secretary determines that the in- ferred to in paragraph (1)(B)(ii) are (as in ef- ISTRATIVE EXPENSES.—Notwithstanding any terests of the Federal-aid highway program fect on the day before the date of enactment other provision of law, the total amount of would be best served without the match.’’. of the Safe, Accountable, Flexible, and Effi- all obligations under section 104(a) of title (c) ALASKA HIGHWAY.—Section 104(b)(1)(A) cient Transportation Equity Act of 2005)— 23, United States Code, shall not exceed— of title 23, United States Code, is amended by ‘‘(A) the Interstate maintenance program (1) $436,462,453 for fiscal year 2005; striking ‘‘1998 through 2002’’ and inserting under section 119; (2) $450,541,887 for fiscal year 2006; ‘‘2005 through 2009’’. ‘‘(B) the national highway system program (3) $464,621,321 for fiscal year 2007; SEC. 1104. EQUITY BONUS PROGRAM. under section 103; (4) $478,700,755 for fiscal year 2008; and (a) IN GENERAL.—Section 105 of title 23, ‘‘(C) the bridge program under section 144; (5) $492,780,189 for fiscal year 2009. United States Code, is amended to read as ‘‘(D) the surface transportation program (j) NATIONAL HIGHWAY SYSTEM COMPO- follows: under section 133; NENT.—Section 104(b)(1) of title 23, United ‘‘§ 105. Equity bonus program ‘‘(E) the recreational trails program under section 206; States Code, is amended by striking ‘‘(a) PROGRAM.— ‘‘(F) the high priority projects program ‘‘$36,400,000’’ and insert ‘‘$46,931,447’’. ‘‘(1) IN GENERAL.—Subject to subsections under section 117; SEC. 1103. APPORTIONMENTS. (c) and (d), for each of fiscal years 2005 ‘‘(G) the minimum guarantee provided (a) ADMINISTRATIVE EXPENSES.— through 2009, the Secretary shall allocate under this section; (1) IN GENERAL.—Section 104 of title 23, among the States amounts sufficient to en- ‘‘(H) revenue aligned budget authority United States Code, is amended by striking sure that no State receives a percentage of amounts provided under section 110; subsection (a) and inserting the following: the total apportionments for the fiscal year ‘‘(I) the congestion mitigation and air ‘‘(a) ADMINISTRATIVE EXPENSES.— for the programs specified in paragraph (2) quality improvement program under section ‘‘(1) IN GENERAL.—There are authorized to that is less than the percentage calculated 149; be appropriated from the Highway Trust under subsection (b). ‘‘(J) the Appalachian development highway Fund (other than the Mass Transit Account) ‘‘(2) SPECIFIC PROGRAMS.—The programs re- system program under subtitle IV of title 40; to be made available to the Secretary of ferred to in subsection (a) are— and Transportation for administrative expenses ‘‘(A) the Interstate maintenance program ‘‘(K) metropolitan planning programs of the Federal Highway Administration— under section 119; under section 104(f). ‘‘(A) $436,462,453 for fiscal year 2005; ‘‘(B) the national highway system program ‘‘(c) SPECIAL RULES.— ‘‘(B) $450,541,887 for fiscal year 2006; under section 103; ‘‘(1) MINIMUM COMBINED ALLOCATION.—For ‘‘(C) $464,621,321 for fiscal year 2007; ‘‘(C) the bridge program under section 144; each fiscal year, before making the alloca- ‘‘(D) $478,700,755 for fiscal year 2008; and ‘‘(D) the surface transportation program tions under subsection (a)(1), the Secretary ‘‘(E) $492,780,189 for fiscal year 2009. under section 133; shall allocate among the States amounts suf- ‘‘(2) PURPOSES.—The funds authorized by ‘‘(E) the highway safety improvement pro- ficient to ensure that no State receives a this subsection shall be used— gram under section 148; combined total of amounts allocated under ‘‘(A) to administer the provisions of law to ‘‘(F) the congestion mitigation and air subsection (a)(1), apportionments for the pro- be financed from appropriations for the Fed- quality improvement program under section grams specified in subsection (a)(2), and eral-aid highway program and programs au- 149; amounts allocated under this subsection, thorized under chapter 2; and ‘‘(G) metropolitan planning programs that is less than 115 percent of the average ‘‘(B) to make transfers of such sums as the under section 104(f) (other than planning pro- for fiscal years 1998 through 2003 of the an- Secretary determines to be appropriate to grams funded by amounts provided under the nual apportionments for the State for all the Appalachian Regional Commission for equity bonus program under this section); programs specified in subsection (b)(2). administrative activities associated with the ‘‘(H) the infrastructure performance and ‘‘(2) NO NEGATIVE ADJUSTMENT.—Notwith- Appalachian development highway system. maintenance program under section 139; standing subsection (d), no negative adjust- ‘‘(3) AVAILABILITY.—The funds made avail- ‘‘(I) the equity bonus program under this ment shall be made under subsection (a)(1) to able under paragraph (1) shall remain avail- section; the apportionment of any State. able until expended.’’. ‘‘(J) the Appalachian development highway ‘‘(3) MINIMUM SHARE OF TAX PAYMENTS.— (2) CONFORMING AMENDMENTS.—Section 104 system program under subtitle IV of title 40; ‘‘(A) IN GENERAL.—Notwithstanding sub- of title 23, United States Code, is amended— ‘‘(K) the recreational trails program under section (d), for each fiscal year, the Sec- (A) in the matter preceding paragraph (1) section 206; retary shall allocate among the States of subsection (b), by striking ‘‘the deduction ‘‘(L) the safe routes to schools program amounts sufficient to ensure that no State authorized by subsection (a) and’’; under section 150; receives a percentage of apportionments for (B) in the first sentence of subsection ‘‘(M) the rail-highway grade crossing pro- the fiscal year for the programs specified in (e)(1), by striking ‘‘, and also’’ and all that gram under section 130; and subsection (a)(2) that is less than the per- follows through ‘‘this section’’; and ‘‘(N) the border planning, operations, tech- centage specified in subparagraph (B) of the (C) in subsection (i), by striking ‘‘de- nology, and capacity program under section percentage share of the State of estimated ducted’’ and inserting ‘‘made available’’. 172. tax payments attributable to highway users (b) METROPOLITAN PLANNING.—Section ‘‘(b) STATE PERCENTAGE.— in the State paid into the Highway Trust 104(f) of title 23, United States Code, is ‘‘(1) IN GENERAL.—The percentage referred Fund (other than the Mass Transit Account) amended— to in subsection (a) for each State shall be— in the most recent fiscal year for which data (1) by striking paragraph (1) and inserting ‘‘(A) 92 percent of the quotient obtained by are available. the following: dividing— ‘‘(B) PERCENTAGES.—The percentages re- ‘‘(1) SET-ASIDE.—On October 1 of each fiscal ‘‘(i) the estimated tax payments attrib- ferred to in subparagraph (A) are— year, the Secretary shall set aside 1.5 per- utable to highway users in the State paid ‘‘(i) for fiscal year 2005, 90.5 percent; cent of the funds authorized to be appro- into the Highway Trust Fund (other than the ‘‘(ii) for each of fiscal years 2006 through priated for the Interstate maintenance, na- Mass Transit Account) in the most recent 2008, 91 percent; and tional highway system, surface transpor- fiscal year for which data are available; by ‘‘(iii) for fiscal year 2009, 92 percent. tation, congestion mitigation and air quality ‘‘(ii) the estimated tax payments attrib- ‘‘(d) LIMITATION ON ADJUSTMENTS.— improvement, highway safety improvement, utable to highway users in all States paid ‘‘(1) IN GENERAL.—Except as provided in and highway bridge programs authorized into the Highway Trust Fund (other than the paragraphs (2) and (3) of subsection (c), no under this title to carry out the require- Mass Transit Account) for the fiscal year; or State shall receive, for any fiscal year, addi- ments of section 134.’’; ‘‘(B) for a State with a total population tional amounts under subsection (a)(1) if— (2) in paragraph (2), by striking ‘‘per cen- density of less than 20 persons per square ‘‘(A) the total apportionments of the State tum’’ and inserting ‘‘percent’’; mile, as reported in the decennial census for the fiscal year for the programs specified (3) in paragraph (3)— conducted by the Federal Government in in subsection (a)(2); exceed (A) by striking ‘‘The funds’’ and inserting 2000, a total population of less than 1,000,000, ‘‘(B) the percentage of the average, for the the following: as reported in that decennial census, a me- period of fiscal years 1998 through 2003, of the ‘‘(A) IN GENERAL.—The funds’’; and dian household income of less than $35,000, as annual apportionments of the State for all (B) by striking ‘‘These funds’’ and all that reported in that decennial census, or a State programs specified in subsection (b)(2), as follows and inserting the following: with a fatality rate during 2002 on Interstate specified in paragraph (2). ‘‘(B) UNUSED FUNDS.—Any funds that are highways that is greater than 1 fatality for ‘‘(2) PERCENTAGES.—The percentages re- not used to carry out section 134 may be each 100,000,000 vehicle miles traveled on ferred to in paragraph (1)(B) are— made available by a metropolitan planning Interstate highways, the greater of— ‘‘(A) for fiscal year 2005, 124 percent; organization to the State to fund activities ‘‘(i) the percentage under paragraph (1); or ‘‘(B) for fiscal year 2006, 128 percent; under section 135.’’; and ‘‘(ii) the average percentage of the State’s ‘‘(C) for fiscal year 2007, 131 percent; (4) by adding at the end the following: share of total apportionments for the period ‘‘(D) for fiscal year 2008, 137 percent; and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4663 ‘‘(E) for fiscal year 2009, 250 percent. ‘‘§ 139. Infrastructure performance and main- SEC. 1202. FUTURE OF SURFACE TRANSPOR- ‘‘(e) PROGRAMMATIC DISTRIBUTION OF tenance program TATION SYSTEM. FUNDS.—The Secretary shall apportion the ‘‘(a) ESTABLISHMENT.—The Secretary shall (a) DECLARATION OF POLICY.—Section 101 of amounts made available under this section establish and implement an infrastructure title 23, United States Code, is amended— so that the amount apportioned to each performance and maintenance program in (1) by striking ‘‘(b) It is hereby declared to State under this section for each program re- accordance with this section. be’’ and inserting the following: ferred to in subparagraphs (A) through (G) of ‘‘(b) ELIGIBLE PROJECTS.—A State may ob- ‘‘(b) DECLARATION OF POLICY.— subsection (a)(2) is equal to the amount de- ligate funds allocated to the State under this ‘‘(1) ACCELERATION OF CONSTRUCTION OF termined by multiplying the amount to be section only for projects eligible under the FEDERAL-AID HIGHWAY SYSTEMS.—Congress apportioned under this section by the pro- Interstate maintenance program under sec- declares that it is’’; portion that— tion 119, the National Highway System pro- (2) in the second paragraph, by striking ‘‘It ‘‘(1) the amount of funds apportioned to gram under section 103, the surface transpor- is hereby declared’’ and inserting the fol- each State for each program referred to in tation program under section 133, the high- lowing: subparagraphs (A) through (G) of subsection way safety improvement program under sec- ‘‘(2) COMPLETION OF INTERSTATE SYSTEM.— (a)(2) for a fiscal year; bears to tion 148, the highway bridge program under Congress declares’’; and ‘‘(2) the total amount of funds apportioned section 144, and the congestion mitigation (3) by striking the last paragraph and in- to each State for all such programs for the and air quality improvement program under serting the following: fiscal year. section 149 that will— ‘‘(3) TRANSPORTATION NEEDS OF 21ST CEN- ‘‘(f) METRO PLANNING SET ASIDE.—Notwith- ‘‘(1) preserve, maintain, or otherwise ex- TURY.—Congress declares that— standing section 104(f), no set aside provided tend, in a cost-effective manner, the useful ‘‘(A) it is in the national interest to pre- for under that section shall apply to funds life of existing highway infrastructure ele- serve and enhance the surface transportation allocated under this section. ments and hurricane evacuation routes on system to meet the needs of the United ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the Federal-aid system; or States for the 21st Century; There are authorized to be appropriated from ‘‘(2) provide operational improvements (in- ‘‘(B) the current urban and long distance the Highway Trust Fund (other than the cluding traffic management and intelligent personal travel and freight movement de- Mass Transit Account) such sums as are nec- transportation system strategies and limited mands have surpassed the original forecasts essary to carry out this section for each of capacity enhancements) at points of recur- and travel demand patterns are expected to fiscal years 2005 through 2009.’’. ring highway congestion or through trans- change; (b) CONFORMING AMENDMENT.—The analysis portation systemic changes to manage or ‘‘(C) continued planning for and invest- for subchapter I of chapter 1 of title 23, ameliorate congestion. ment in surface transportation is critical to United States Code, is amended by striking ‘‘(c) PERIOD OF AVAILABILITY.— ensure the surface transportation system the item relating to section 105 and inserting ‘‘(1) OBLIGATION WITHIN 180 DAYS.— adequately meets the changing travel de- the following: ‘‘(A) IN GENERAL.—Funds allocated to a mands of the future; ‘‘105. Equity bonus program.’’ State under this section shall be obligated ‘‘(D) among the foremost needs that the by the State not later than 180 days after the surface transportation system must meet to SEC. 1105. REVENUE ALIGNED BUDGET AUTHOR- ITY. date of apportionment. provide for a strong and vigorous national ‘‘(B) UNOBLIGATED FUNDS.—Any amounts economy are safe, efficient, and reliable— Section 110 of title 23, United States Code, that remain unobligated at the end of that ‘‘(i) national and interregional personal is amended— period shall be allocated in accordance with mobility (including personal mobility in (1) in subsection (a)— subsection (d). rural and urban areas) and reduced conges- (A) in paragraphs (1) and (2), by striking ‘‘(2) OBLIGATION BY END OF FISCAL YEAR.— tion; ‘‘2000’’ and inserting ‘‘2006’’; ‘‘(A) IN GENERAL.—All funds allocated or ‘‘(ii) flow of interstate and international (B) in paragraph (1), by inserting ‘‘(as in ef- reallocated under this section shall remain commerce and freight transportation; and fect on September 30, 2002)’’ after ‘‘(2 U.S.C. available for obligation until the last day of ‘‘(iii) travel movements essential for na- 901(b)(2)(B)(ii)(I)(cc))’’; and the fiscal year for which the funds are appor- tional security; (C) in paragraph (2)— tioned. ‘‘(E) special emphasis should be devoted to (i) by striking ‘‘If the amount’’ and insert- ‘‘(B) UNOBLIGATED FUNDS.—Any amounts providing safe and efficient access for the ing the following: allocated that remain unobligated at the end type and size of commercial and military ve- ‘‘(A) IN GENERAL.—Except as provided in of the fiscal year shall lapse. hicles that access designated National High- subparagraph (B), if the amount’’; ‘‘(d) REDISTRIBUTION OF ALLOCATED FUNDS way System intermodal freight terminals; (ii) by inserting ‘‘(as in effect on Sep- AND OBLIGATION AUTHORITY.— ‘‘(F) it is in the national interest to seek tember 30, 2002)’’ after ‘‘(2 U.S.C. ‘‘(1) IN GENERAL.—On the date that is 180 ways to eliminate barriers to transportation 901(b)(1)(B)(ii)(I)(cc)’’; days after the date of allocation, or as soon investment created by the current modal (iii) by striking ‘‘the succeeding’’ and in- thereafter as practicable, for each fiscal structure of transportation financing; serting ‘‘that’’; year, the Secretary shall— ‘‘(G) the connection between land use and (iv) by striking ‘‘and the motor carrier ‘‘(A) withdraw— infrastructure is significant; safety grant program’’; and ‘‘(i) any funds allocated to a State under ‘‘(H) transportation should play a signifi- (v) by adding at the end the following: this section that remain unobligated; and cant role in promoting economic growth, im- ‘‘(B) LIMITATION.—No reduction under sub- ‘‘(ii) an equal amount of obligation author- proving the environment, and sustaining the paragraph (A) shall be made for a fiscal year ity provided for the use of the funds in ac- quality of life; and if, as of October 1 of the fiscal year, the cash cordance with section 1101(13) of the Safe, ‘‘(I) the Secretary should take appropriate balance in the Highway Trust Fund (other Accountable, Flexible, and Efficient Trans- actions to preserve and enhance the Inter- than the Mass Transit Account) exceeds portation Equity Act of 2005; and state System to meet the needs of the 21st $6,000,000,000.’’; ‘‘(B) reallocate the funds and redistribute Century.’’. (2) in subsection (b)(1), by striking sub- the obligation authority to those States paragraph (A) and inserting the following: (b) NATIONAL SURFACE TRANSPORTATION that— ‘‘(A) the sums authorized to be appro- POLICY STUDY COMMISSION.— ‘‘(i) have fully obligated all amounts allo- priated from the Highway Trust Fund (other (1) ESTABLISHMENT.—There is established a cated under this section for the fiscal year; than the Mass Transit Account) for each of commission to be known as the ‘‘National and the Federal-aid highway and highway safety Surface Transportation Policy Study Com- ‘‘(ii) demonstrate that the State is able to construction programs (other than the eq- mission’’ (referred to in this subsection as obligate additional amounts for projects eli- uity bonus program) and for which funds are the ‘‘Commission’’). gible under this section before the end of the allocated from the Highway Trust Fund by (2) MEMBERSHIP.— fiscal year. the Secretary under this title and the Safe, (A) COMPOSITION.—The Commission shall ‘‘(2) EQUITY BONUS.—The calculation and Accountable, Flexible, and Efficient Trans- be composed of 12 members, of whom— distribution of funds under section 105 shall portation Equity Act of 2005; bears to’’; (i) 1 member shall be the Secretary, who be adjusted as a result of the allocation of (3) in subsection (c), by inserting ‘‘the shall serve as Chairperson; funds under this subsection. highway safety improvement program,’’ (ii) 3 members shall be appointed by the ‘‘(e) FEDERAL SHARE PAYABLE.—The Fed- after ‘‘the surface transportation program,’’; President; eral share payable for a project funded under (iii) 2 members shall be appointed by the and this section shall be determined in accord- (4) by striking subsections (e), (f), and (g). Speaker of the House of Representatives; ance with section 120.’’. (iv) 2 members shall be appointed by the Subtitle B—New Programs (b) CONFORMING AMENDMENT.—The analysis minority leader of the House of Representa- SEC. 1201. INFRASTRUCTURE PERFORMANCE for chapter 1 of title 23, United States Code, tives; AND MAINTENANCE PROGRAM. is amended by adding after the item relating (v) 2 members shall be appointed by the (a) IN GENERAL.—Subchapter I of chapter 1 to section 138 the following: majority leader of the Senate; and of title 23, United States Code, is amended by ‘‘139. Infrastructure performance and main- (vi) 2 members shall be appointed by the inserting after section 138 the following: tenance program.’’. minority leader of the Senate.

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(B) QUALIFICATIONS.—Members appointed (B) the Secretary of Energy; to new funding mechanisms, including the under paragraph (1)— (C) the Transportation Research Board, in- time frame for various components of the (i) shall include individuals representing cluding the findings, conclusions, and rec- transition strategy; State and local governments, metropolitan ommendations of the recent study conducted (D) recommendations for additional re- planning organizations, transportation-re- by the Transportation Research Board on al- search that may be needed to implement rec- lated industries, academic and technical in- ternatives to the fuel tax to support highway ommended alternatives; and stitutions, and public interest organizations program financing; and (E) the extent to which revenues should re- involved with scientific, regulatory, eco- (D) other entities and persons. flect the relative use of the highway system. nomic, and environmental transportation ac- (5) SURFACE TRANSPORTATION NEEDS.—With (7) FINANCING RECOMMENDATIONS.—In devel- tivities; and respect to surface transportation needs, the oping financing recommendations under this (ii) shall be balanced geographically to the investigation and study shall specifically ad- subsection, the Commission shall consider— extent consistent with maintaining the high- dress— (A) the ability to generate sufficient reve- est level of expertise on the Commission. (A) the current condition and performance nues from all modes to meet anticipated (C) DATE OF APPOINTMENTS.—The appoint- of the Interstate System (including the phys- long-term surface transportation financing ment of a member of the Commission shall ical condition of bridges and pavements and needs; be made not later than 120 days after the operational characteristics and perform- (B) the roles of the various levels of gov- date of establishment of the Commission. ance), relying primarily on existing data ernment and the private sector in meeting (D) TERMS.—A member shall be appointed sources; future surface transportation financing for the life of the Commission. (B) the future of the Interstate System, needs; (E) VACANCIES.—A vacancy on the Commis- based on a range of legislative and policy ap- (C) administrative costs (including en- sion— proaches for 15-, 30-, and 50-year time peri- forcement costs) to implement each option; (i) shall not affect the powers of the Com- ods; (D) the expected increase in nontaxed fuels mission; and (C) the expected demographics and busi- and the impact of taxing those fuels; (ii) shall be filled in the same manner as ness uses that impact the surface transpor- (E) the likely technological advances that the original appointment was made. tation system; could ease implementation of each option; (F) INITIAL MEETING.—Not later than 30 (D) the expected use of the surface trans- (F) the equity and economic efficiency of days after the date on which all members of portation system, including the effects of each option; the Commission have been appointed, the changing vehicle types, modes of transpor- (G) the flexibility of different options to Commission shall hold the initial meeting of tation, fleet size and weights, and traffic vol- allow various pricing alternatives to be im- the Commission. umes; plemented; and (G) MEETINGS.—The Commission shall (E) desirable design policies and standards (H) potential compatibility issues with meet at the call of the Chairperson. for future improvements of the surface State and local tax mechanisms under each (H) QUORUM.—A majority of the members transportation system, including additional alternative. of the Commission shall constitute a access points; (8) TECHNICAL ADVISORY COMMITTEE.—The quorum, but a lesser number of members (F) the identification of urban, rural, na- Secretary shall establish a technical advi- may hold hearings. tional, and interregional needs for the sur- sory committee, in a manner consistent with (I) VICE CHAIRPERSON.—The Commission face transportation system; the Federal Advisory Committee Act (5 shall select a Vice Chairperson from among (G) the potential for expansion, upgrades, U.S.C. App.), to collect and evaluate tech- the members of the Commission. or other changes to the surface transpor- nical input from— (3) DUTIES.— tation system, including— (A) the Department of Defense; (A) IN GENERAL.—The Commission shall— (i) deployment of advanced materials and (B) appropriate Federal, State, and local (i) conduct a complete and comprehensive intelligent technologies; officials with responsibility for transpor- investigation and study of— (ii) critical multistate, urban, and rural tation; (I) the current condition and future needs corridors needing capacity, safety, and oper- (C) appropriate State and local elected offi- of the surface transportation system; and ational enhancements; cials; (II) a comprehensive study of alternatives (iii) improvements to intermodal linkages; (D) transportation and trade associations; to replace or to supplement the fuel tax as (iv) security and military deployment en- (E) emergency management officials; the principal revenue source to support the hancements; (F) freight providers; Highway Trust Fund and suggest new or al- (v) strategies to enhance asset preserva- (G) the general public; and ternative sources of revenue to fund the tion; and (H) other entities and persons determined needs of the surface transportation system (vi) implementation strategies; to be appropriate by the Secretary to ensure over at least the next 30 years; (H) the improvement of emergency pre- a diverse range of views. (B) develop a conceptual plan, with alter- paredness and evacuation using the surface (9) REPORT AND RECOMMENDATIONS.—Not native approaches, for the future to ensure transportation system, including— later than September 30, 2007, the Commis- that the surface transportation system will (i) examination of the potential use of all sion shall submit to Congress a final report continue to serve the needs of the United modes of the surface transportation system that contains— States, including specific recommendations in the safe and efficient evacuation of citi- (A) a detailed statement of the findings regarding design and operational standards, zens during times of emergency; and conclusions of the Commission; and Federal policies, and legislative changes; (ii) identification of the location of critical (B) the recommendations of the Commis- (C) consult with the Secretary and the Sec- bottlenecks; and sion for such legislation and administrative retary of the Treasury in conducting the (iii) development of strategies to improve actions as the Commission considers to be study to ensure that the views of the Secre- system redundancy, especially in areas with appropriate. taries concerning essential attributes of a high potential for terrorist attacks; (10) POWERS OF THE COMMISSION.— Highway Trust Fund revenue alternatives (I) alternatives for addressing environ- (A) HEARINGS.—The Commission may hold are considered; mental concerns associated with the future such hearings, meet and act at such times (D) consult with representatives of State development of the surface transportation and places, take such testimony, and receive departments of transportation and metro- system; such evidence as the Commission considers politan planning organizations and other key (J) the evaluation and assessment of the advisable to carry out this section. interested stakeholders in conducting the current and future capabilities for con- (B) INFORMATION FROM FEDERAL AGENCIES.— study to ensure that— ducting system-wide real-time performance (i) IN GENERAL.—The Commission may se- (i) the views of the stakeholders on alter- data collection and analysis, traffic moni- cure directly from a Federal agency such in- native revenue sources to support State toring, and transportation systems oper- formation as the Commission considers nec- transportation improvement programs are ations and management; and essary to carry out this section. considered; and (K) a range of policy and legislative alter- (ii) PROVISION OF INFORMATION.—On request (ii) any recommended Federal financing natives for addressing future needs for the of the Chairperson of the Commission, the strategy takes into account State financial surface transportation system. head of a Federal agency shall provide the requirements; and (6) FINANCING.—With respect to financing, requested information to the Commission. (E) based on the study, make specific rec- the study shall address specifically— (C) POSTAL SERVICES.—The Commission ommendations regarding— (A) the advantages and disadvantages of al- may use the United States mails in the same (i) actions that should be taken to develop ternative revenue sources to meet antici- manner and under the same conditions as alternative revenue sources to sup port the pated Federal surface transportation finan- other agencies of the Federal Government. Highway Trust Fund; and cial requirements; (D) DONATIONS.—The Commission may ac- (ii) the time frame for taking those ac- (B) recommendations concerning the most cept, use, and dispose of donations of serv- tions. promising revenue sources to support long- ices or property. (4) RELATED WORK.—To the maximum ex- term Federal surface transportation financ- (11) COMMISSION PERSONNEL MATTERS.— tent practicable, the study shall build on re- ing requirements; (A) MEMBERS.—A member of the Commis- lated work that has been completed by— (C) development of a broad transition sion shall serve without pay but shall be al- (A) the Secretary of Transportation; strategy to move from the current tax base lowed travel expenses, including per diem in

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lieu of subsistence, at rates authorized for an ‘‘(1) ESTABLISHMENT.—The Secretary shall sociated with freight transportation gate- employee of an agency under subchapter I of establish a freight transportation gateways ways. chapter 57 of title 5, United States Code, program to improve productivity, security, ‘‘(2) ELIGIBLE PROJECTS.—A project eligible while away from the home or regular place and safety of freight transportation gate- for funding under this section— of business of the member in the perform- ways, while mitigating congestion and com- ‘‘(A) may include publicly-owned inter- ance of the duties of the Commission. munity impacts in the area of the gateways. modal freight transfer facilities, access to (B) CONTRACTORS.—The Commission may ‘‘(2) PURPOSES.—The purposes of the the facilities, and operational improvements enter into contracts with an appropriate or- freight transportation gateways program for the facilities (including capital invest- ganizations, agencies, and entities to con- shall be— ment for intelligent transportation systems), duct the study required under this section, ‘‘(A) to facilitate and support multimodal except that projects located within the under the strategic guidance of the Commis- freight transportation initiatives at the boundaries of port terminals shall only in- sion. State and local levels in order to improve clude the surface transportation infrastruc- (C) ADMINISTRATIVE SUPPORT.—On the re- freight transportation gateways and miti- ture modifications necessary to facilitate di- quest of the Commission, the Administrator gate the impact of congestion on the envi- rect intermodal interchange, transfer, and of the Federal Highway Administration shall ronment in the area of the gateways; access into and out of the port; and provide to the Commission, on a reimburs- ‘‘(B) to provide capital funding to address ‘‘(B) may involve the combining of private able basis, the administrative support and infrastructure and freight operational needs and public funds.’’. services necessary for the Commission to at freight transportation gateways; (b) ELIGIBILITY FOR SURFACE TRANSPOR- carry out the duties of the Commission ‘‘(C) to encourage adoption of new financ- TATION PROGRAM FUNDS.—Section 133(b) of under this section. ing strategies to leverage State, local, and title 23, United States Code, is amended by (D) DETAIL OF PERSONNEL.— private investment in freight transportation inserting after paragraph (11) the following: (i) IN GENERAL.—On the request of the gateways; ‘‘(12) Intermodal freight transportation Commission, the Secretary may detail, on a ‘‘(D) to facilitate access to intermodal projects in accordance with section reimbursable basis, any of the personnel of freight transfer facilities; and 325(d)(2).’’. the Department to the Commission to assist ‘‘(E) to increase economic efficiency by fa- (c) FREIGHT INTERMODAL CONNECTIONS TO the Commission in carrying out the duties of cilitating the movement of goods. NHS.—Section 103(b) of title 23, United the Commission under this section. ‘‘(b) STATE RESPONSIBILITIES.— States Code, is amended by adding at the end (ii) CIVIL SERVICE STATUS.—The detail of ‘‘(1) PROJECT DEVELOPMENT PROCESS.—Each the following: the employee shall be without interruption State, in coordination with metropolitan ‘‘(7) FREIGHT INTERMODAL CONNECTIONS TO or loss of civil service status or privilege. planning organizations, shall ensure that THE NHS.— (12) COOPERATION.—The staff of the Sec- intermodal freight transportation, trade fa- ‘‘(A) FUNDING SET-ASIDE.—Of the funds ap- retary shall cooperate with the Commission cilitation, and economic development needs portioned to a State for each fiscal year in the study required under this section, in- are adequately considered and fully inte- under section 104(b)(1), an amount deter- cluding providing such nonconfidential data grated into the project development process, mined in accordance with subparagraph (B) and information as are necessary to conduct including transportation planning through the study. final design and construction of freight-re- shall only be available to the State to be obligated for projects on— (13) RELATIONSHIP TO OTHER LAW.— lated transportation projects. ‘‘(i) National Highway System routes con- (A) IN GENERAL.—Except as provided in ‘‘(2) FREIGHT TRANSPORTATION COORDI- necting to intermodal freight terminals subparagraphs (B) and (C), funds made avail- NATOR.— able to carry out this section shall be avail- ‘‘(A) IN GENERAL.—Each State shall des- identified according to criteria specified in able for obligation in the same manner as if ignate a freight transportation coordinator. the report to Congress entitled ‘Pulling To- the funds were apportioned under chapter 1 ‘‘(B) DUTIES.—The coordinator shall— gether: The National Highway System and of title 23, United States Code. ‘‘(i) foster public and private sector col- its Connections to Major Intermodal Termi- (B) FEDERAL SHARE.—The Federal share of laboration needed to implement complex so- nals’ dated May 24, 1996, referred to in para- the cost of the study and the Commission lutions to freight transportation and freight graph (1), and any modifications to the con- under this section shall be 100 percent. transportation gateway problems, includ- nections that are consistent with paragraph (C) AVAILABILITY.—Funds made available ing— (4); to carry out this section shall remain avail- ‘‘(I) coordination of metropolitan and ‘‘(ii) strategic highway network connectors able until expended. statewide transportation activities with to strategic military deployment ports; and (14) DEFINITION OF SURFACE TRANSPOR- trade and economic interests; ‘‘(iii) projects to eliminate railroad cross- TATION SYSTEM.—In this subsection, the term ‘‘(II) coordination with other States, agen- ings or make railroad crossing improve- ‘‘surface transportation system’’ includes— cies, and organizations to find regional solu- ments. (A) the National Highway System; tions to freight transportation problems; and ‘‘(B) DETERMINATION OF AMOUNT.—The (B) the Interstate System; ‘‘(III) coordination with local officials of amount of funds for each State for a fiscal (C) the strategic highway network; the Department of Defense and the Depart- year that shall be set aside under subpara- (D) congressional high priority corridors; ment of Homeland Security, and with other graph (A) shall be equal to the greater of— (E) intermodal connectors; organizations, to develop regional solutions ‘‘(i) the product obtained by multiplying— (F) freight facilities; to military and homeland security transpor- ‘‘(I) the total amount of funds apportioned (G) navigable waterways; tation needs; and to the State under section 104(b)(1); by (H) mass transportation; ‘‘(ii) promote programs that build profes- ‘‘(II) the percentage of miles that routes (I) freight and intercity passenger rail in- sional capacity to better plan, coordinate, specified in subparagraph (A) constitute of frastructure and facilities; and integrate, and understand freight transpor- the total miles on the National Highway (J) surface access to airports. tation needs for the State. System in the State; or (15) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(c) INNOVATIVE FINANCE STRATEGIES.— ‘‘(ii) 2 percent of the annual apportionment There is authorized to be appropriated from ‘‘(1) IN GENERAL.—States and localities are to the State of funds under 104(b)(1). the Highway Trust Fund (other than the encouraged to adopt innovative financing ‘‘(C) EXEMPTION FROM SET-ASIDE.—For any Mass Transit Account) to carry out this sec- strategies for freight transportation gateway fiscal year, a State may obligate the funds tion $2,815,886 for fiscal year 2005. improvements, including— otherwise set aside by this paragraph for any (16) TERMINATION.— ‘‘(A) new user fees; project that is eligible under paragraph (6) (A) IN GENERAL.—The Commission shall ‘‘(B) modifications to existing user fees, in- and is located in the State on a segment of terminate on the date that is 180 days after cluding trade facilitation charges; the National Highway System specified in the date on which the Commission submits ‘‘(C) revenue options that incorporate pri- paragraph (2), if the State certifies and the the report of the Commission under para- vate sector investment; and Secretary concurs that— graph (10). ‘‘(D) a blending of Federal-aid and innova- ‘‘(i) the designated National Highway Sys- (B) RECORDS.—Not later than the date of tive finance programs. tem intermodal connectors described in sub- termination of the Commission under sub- ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary paragraph (A) are in good condition and pro- paragraph (A), all records and papers of the shall provide technical assistance to States vide an adequate level of service for military Commission shall be delivered to the Archi- and localities with respect to the strategies. vehicle and civilian commercial vehicle use; vist of the United States for deposit in the ‘‘(d) INTERMODAL FREIGHT TRANSPORTATION and National Archives. PROJECTS.— ‘‘(ii) significant needs on the designated SEC. 1203. FREIGHT TRANSPORTATION GATE- ‘‘(1) USE OF SURFACE TRANSPORTATION PRO- National Highway System intermodal con- WAYS; FREIGHT INTERMODAL CON- GRAM FUNDS.—A State may obligate funds nectors are being met or do not exist.’’. NECTIONS. apportioned to the State under section (d) FEDERAL SHARE PAYABLE.—Section 120 (a) FREIGHT TRANSPORTATION GATEWAYS.— 104(b)(3) for publicly-owned intermodal of title 23, United States Code, is amended by Chapter 3 of title 23, United States Code, is freight transportation projects that provide adding at the end the following: amended by adding at the end the following: community and highway benefits by address- ‘‘(m) INCREASED FEDERAL SHARE FOR CON- ‘‘§ 325. Freight transportation gateways ing economic, congestion, system reliability, NECTORS.—In the case of a project to support ‘‘(a) IN GENERAL.— security, safety, or environmental issues as- a National Highway System intermodal

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freight connection or strategic highway net- SEC. 1205. DESIGNATION OF INTERSTATE HIGH- ‘‘(1) IN GENERAL.—Except as otherwise’’; work connector to a strategic military de- WAYS. (B) by striking ‘‘shall be—’’ and all that ployment port described in section 103(b)(7), (a) DESIGNATION OF DANIEL PATRICK MOY- follows and inserting ‘‘shall be 80 percent of except as otherwise provided in section 120, NIHAN INTERSTATE HIGHWAY.— the cost of the project.’’; and the Federal share of the total cost of the (1) DESIGNATION.—Interstate Route 86 in (C) by adding at the end the following: project shall be 90 percent.’’. the State of New York, extending from the ‘‘(2) STATE-DETERMINED LOWER FEDERAL (e) LENGTH LIMITATIONS.—Section 31111(e) Pennsylvania border near Lake Erie through SHARE.—In the case of any project subject to of title 49, United States Code, is amended— Orange County, New York, shall be known this subsection, a State may determine a (1) by striking ‘‘The’’ and inserting the fol- and designated as the ‘‘Daniel Patrick Moy- lower Federal share than the Federal share lowing: nihan Interstate Highway’’. determined under paragraph (1).’’; (2) REFERENCES.—Any reference in a law, ‘‘(1) IN GENERAL.—The’’; and (3) by striking subsection (d) and inserting (2) by adding at the end the following: map, regulation, document, paper, or other the following: record of the United States to the highway ‘‘(2) LENGTH LIMITATIONS.—In the interests ‘‘(d) INCREASED FEDERAL SHARE.— of economic competitiveness, security, and referred to in paragraph (1) shall be deemed ‘‘(1) IN GENERAL.—The Federal share pay- intermodal connectivity, not later than 3 to be a reference to the Daniel Patrick Moy- able under subsection (a) or (b) may be in- years after the date of enactment of this nihan Interstate Highway. creased for projects and activities in each (b) DESIGNATION OF AMO HOUGHTON BY- paragraph, States shall update the list of State in which is located— PASS.— those qualifying highways to include— ‘‘(A) nontaxable Indian land; (1) DESIGNATION.—The 3-mile segment of ‘‘(A) strategic highway network connectors ‘‘(B) public land (reserved or unreserved); Interstate Route 86 between the interchange ‘‘(C) a national forest; or to strategic military deployment ports; and of Interstate Route 86 with New York State ‘‘(B) National Highway System intermodal ‘‘(D) a national park or monument. Route 15 in the vicinity of Painted Post, New ‘‘(2) AMOUNT.— freight connections serving military and York, and the interchange of Interstate commercial truck traffic going to major ‘‘(A) IN GENERAL.—The Federal share for Route 86 with New York State Route 352 in States described in paragraph (1) shall be in- intermodal terminals as described in section the vicinity of Corning, New York, shall be 103(b)(7)(A)(i).’’. creased by a percentage of the remaining known and designated as the ‘‘Amo Hough- cost that— (f) CONFORMING AMENDMENT.—The analysis ton Bypass’’. ‘‘(i) is equal to the percentage that— of chapter 3 of title 23, United States Code, (2) REFERENCES.—Any reference in a law, ‘‘(I) the area of all land described in para- is amended by adding at the end the fol- map, regulation, document, paper, or other graph (1) in a State; bears to lowing: record of the United States to the highway ‘‘(II) the total area of the State; but ‘‘325. Freight transportation gateways.’’. referred to in paragraph (1) shall be deemed ‘‘(ii) does not exceed 95 percent of the total SEC. 1204. CONSTRUCTION OF FERRY BOATS AND to be a reference to the Amo Houghton By- cost of the project or activity for which the FERRY TERMINAL AND MAINTE- pass. Federal share is provided. NANCE FACILITIES; COORDINATION SEC. 1206. STATE-BY-STATE COMPARISON OF ‘‘(B) ADJUSTMENT.—The Secretary shall ad- OF FERRY CONSTRUCTION AND HIGHWAY CONSTRUCTION COSTS. just the Federal share for States under sub- MAINTENANCE. (a) COLLECTION OF DATA.— paragraph (A) as the Secretary determines (a) IN GENERAL.—Section 147 of title 23, (1) IN GENERAL.—The Administrator of the necessary, on the basis of data provided by United States Code, is amended to read as Federal Highway Administration (referred to the Federal agencies that are responsible for follows: in this section as the ‘‘Administrator’’) shall maintaining the data.’’. ‘‘§ 147. Construction of ferry boats and ferry collect from States any bid price data that is SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT terminal and maintenance facilities; coordi- necessary to make State-by-State compari- FUNDS. nation of ferry construction and mainte- sons of highway construction costs. Section 104 of title 23, United States Code, nance (2) DATA REQUIRED.—In determining which is amended by striking subsection (k) and in- data to collect and the procedures for col- ‘‘(a) CONSTRUCTION OF FERRY BOATS AND serting the following: lecting data, the Administrator shall take ‘‘(k) TRANSFER OF HIGHWAY AND TRANSIT FERRY TERMINAL FACILITIES.— into account the data collection deficiencies FUNDS.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a program for construction of ferry identified in the report prepared by the Gen- ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR boats and ferry terminal facilities in accord- eral Accounting Office numbered GAO–04– TRANSIT PROJECTS.— ance with section 129(c). 113R. ‘‘(A) IN GENERAL.—Subject to subparagraph (b) REPORT.— (B), funds made available for transit projects ‘‘(2) FEDERAL SHARE.—The Federal share of (1) IN GENERAL.—The Administrator shall the cost of construction of ferry boats and or transportation planning under this title submit to Congress an annual report on the ferry terminals and maintenance facilities may be transferred to and administered by bid price data collected under subsection (a). under this subsection shall be 80 percent. the Secretary in accordance with chapter 53 (2) INCLUSIONS.—The report shall include— of title 49. ‘‘(3) ALLOCATION OF FUNDS.—The Secretary (A) State-by-State comparisons of highway shall give priority in the allocation of funds ‘‘(B) NON-FEDERAL SHARE.—The provisions construction costs for the previous fiscal under this subsection to those ferry systems, of this title relating to the non-Federal year (including the cost to construct a 1-mile and public entities responsible for developing share shall apply to the transferred funds. road segment of a standard design, as deter- ferries, that— ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH- mined by the Administrator); and ‘‘(A) carry the greatest number of pas- WAY PROJECTS.—Funds made available for (B) a description of the competitive bid- sengers and vehicles; highway projects or transportation planning ding procedures used in each State; and ‘‘(B) carry the greatest number of pas- under chapter 53 of title 49 may be trans- (C) a determination by Administrator as to sengers in passenger-only service; or ferred to and administered by the Secretary whether the competitive bidding procedures ‘‘(C) provide critical access to areas that in accordance with this title. described under subparagraph (B) are effec- are not well-served by other modes of surface ‘‘(3) TRANSFER OF HIGHWAY FUNDS TO OTHER tive. transportation. FEDERAL AGENCIES.— (c) INNOVATIVE AND COST-EFFECTIVE MATE- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(b) NON-CONTRACT AUTHORITY AUTHORIZA- RIALS.—The Secretary shall encourage and clauses (i) and (ii) and subparagraph (B), TION OF APPROPRIATIONS.— provide incentives to States to make max- funds made available under this title or any ‘‘(1) IN GENERAL.—There are authorized to imum use of innovative and cost-effective other Act that are derived from Highway be appropriated from the Highway Trust materials and products in highway construc- Trust Fund (other than the Mass Transit ac- Fund (other than the Mass Transit Account) tion. count) may be transferred to another Fed- $46,931,447 for each fiscal year to carry out Subtitle C—Finance eral agency if— this section. SEC. 1301. FEDERAL SHARE. ‘‘(i)(I) an expenditure is specifically au- ‘‘(2) AVAILABILITY.—Notwithstanding sec- thorized in Federal-aid highway legislation tion 118(a), funds made available under para- Section 120 of title 23, United States Code, is amended— or as a line item in an appropriation act; or graph (1) shall not be available in advance of (1) in subsection (a), by striking paragraph ‘‘(II) a State transportation department an annual appropriation.’’. (1) and inserting the following: consents to the transfer of funds; (b) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(ii) the Secretary determines, after con- (1) The analysis for subchapter I of chapter vided in this chapter, the Federal share pay- sultation with the State transportation de- 1 of title 23, United States Code, is amended able on account of any project on the Inter- partment (as appropriate), that the Federal by striking the item relating to section 147 state System (including a project to add high agency should carry out a project with the and inserting the following: occupancy vehicle lanes and a project to add funds; and ‘‘147. Construction of ferry boats and ferry auxiliary lanes but excluding a project to ‘‘(iii) the other Federal agency agrees to terminal and maintenance fa- add any other lanes) shall be 90 percent of accept the transfer of funds and to admin- cilities.’’. the total cost of the project.’’; ister the project. (2) Section 1064 of the Intermodal Surface (2) in subsection (b)— ‘‘(B) ADMINISTRATION.— Transportation Efficiency Act of 1991 (105 (A) by striking ‘‘Except as otherwise’’ and ‘‘(i) PROCEDURES.—A project carried out Stat. 2005) is repealed. inserting the following: with funds transferred to a Federal agency

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4667 under subparagraph (A) shall be adminis- modal interchange, transfer, and access into (A) in paragraph (3), by striking ‘‘interest, tered by the Federal agency under the proce- and out of the port.’’; and any debt service reserve fund, and any other dures of the Federal agency. (4) in paragraph (10) (as redesignated by available reserve’’ and inserting ‘‘interest ‘‘(ii) APPROPRIATIONS.—Funds transferred paragraph (2)) by striking ‘‘bond’’ and insert- (but not including reasonably required fi- to a Federal agency under subparagraph (A) ing ‘‘credit’’. nancing reserves)’’; shall not be considered an augmentation of (b) DETERMINATION OF ELIGIBILITY AND (B) in paragraph (4), by striking ‘‘market- the appropriations of the Federal agency. PROJECT SELECTION.—Section 182 of title 23, able United States Treasury securities as of ‘‘(iii) NON-FEDERAL SHARE.—The provisions United States Code, is amended— the date on which the line of credit is obli- of this title, or an Act described in subpara- (1) in subsection (a)— gated’’ and inserting ‘‘ United States Treas- graph (A), relating to the non-Federal share (A) by striking paragraphs (1) and (2) and ury securities as of the date of execution of shall apply to a project carried out with the inserting the following: the line of credit agreement’’; and transferred funds, unless the Secretary de- ‘‘(1) INCLUSION IN TRANSPORTATION PLANS (C) in paragraph (5)(A)(i), by inserting termines that it is in the best interest of the AND PROGRAMS.—The project shall satisfy the ‘‘that also secure the senior project obliga- United States that the non-Federal share be applicable planning and programming re- tions’’ after ‘‘sources’’; and waived. quirements of sections 134 and 135 at such (2) in subsection (c)— ‘‘(4) TRANSFER OF FUNDS AMONG STATES OR time as an agreement to make available a (A) in paragraph (2)— TO FEDERAL HIGHWAY ADMINISTRATION.— Federal credit instrument is entered into (i) by striking ‘‘scheduled’’; ‘‘(A) IN GENERAL.—Subject to subpara- under this subchapter. (ii) by inserting ‘‘be scheduled to’’ after graphs (B) through (D), the Secretary may, ‘‘(2) APPLICATION.—A State, local govern- ‘‘shall’’; and at the request of a State, transfer funds ap- ment, public authority, public-private part- (iii) by striking ‘‘be fully repaid, with in- portioned or allocated to the State to an- nership, or any other legal entity under- terest,’’ and inserting ‘‘to conclude, with full other State, or to the Federal Highway Ad- taking the project and authorized by the repayment of principal and interest,’’; and ministration, for the purpose of funding 1 or Secretary shall submit a project application (B) by striking paragraph (3). more specific projects. to the Secretary.’’; (e) PROGRAM ADMINISTRATION.—Section 185 (B) in paragraph (3)(A)— of title 23, United States Code, is amended to ‘‘(B) ADMINISTRATION.—The transferred funds shall be used for the same purpose and (i) in clause (i), by striking ‘‘$100,000,000’’ read as follows: in the same manner for which the trans- and inserting ‘‘$50,000,000’’; and ‘‘§ 185. Program administration (ii) in clause (ii), by striking ‘‘50’’ and in- ferred funds were authorized. ‘‘(a) REQUIREMENT.—The Secretary shall serting ‘‘20’’; and ‘‘(C) APPORTIONMENT.—The transfer shall establish a uniform system to service the (C) in paragraph (4)— have no effect on any apportionment formula Federal credit instruments made available (i) by striking ‘‘Project financing’’ and in- used to distribute funds to States under this under this subchapter. serting ‘‘The Federal credit instrument’’; section or section 105 or 144. ‘‘(b) FEES.—The Secretary may establish and ‘‘(D) SURFACE TRANSPORTATION PROGRAM.— fees at a level to cover all or a portion of the (ii) by inserting before the period at the Funds that are apportioned or allocated to a costs to the Federal government of servicing end the following: ‘‘that also secure the State under subsection (b)(3) and attributed the Federal credit instruments. project obligations’’; and ‘‘(c) SERVICER.— to an urbanized area of a State with a popu- (2) in subsection (b)— ‘‘(1) IN GENERAL.—The Secretary may ap- lation of over 200,000 individuals under sec- (A) in paragraph (1), by striking ‘‘criteria’’ point a financial entity to assist the Sec- tion 133(d)(2) may be transferred under this the second place it appears and inserting retary in servicing the Federal credit instru- paragraph only if the metropolitan planning ‘‘requirements’’; and ments. organization designated for the area concurs, (B) in paragraph (2)(B), by inserting ‘‘(2) DUTIES.—The servicer shall act as the in writing, with the transfer request. ‘‘(which may be the Federal credit instru- agent for the Secretary. ‘‘(5) TRANSFER OF OBLIGATION AUTHORITY.— ment)’’ after ‘‘obligations’’. ‘‘(3) FEE.—The servicer shall receive a Obligation authority for funds transferred (c) SECURED LOANS.—Section 183 of title 23, servicing fee, subject to approval by the Sec- under this subsection shall be transferred in United States Code, is amended— retary. the same manner and amount as the funds (1) in subsection (a)— ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The for the projects are transferred under this (A) in paragraph (1)— Secretary may retain the services of expert subsection.’’. (i) by striking ‘‘of any project selected firms, including counsel, in the field of mu- SEC. 1303. TRANSPORTATION INFRASTRUCTURE under section 182.’’ at the end; nicipal and project finance to assist in the FINANCE AND INNOVATION ACT (ii) in subparagraphs (A) and (B), by insert- underwriting and servicing of Federal credit AMENDMENTS. ing ‘‘of any project selected under section instruments.’’. (a) DEFINITIONS.—Section 181 of title 23, 182’’ after ‘‘costs’’ ; and (f) FUNDING.—Section 188 of title 23, United United States Code, is amended— (iii) in subparagraph (B), by striking the States Code, is amended to read as follows: (1) in paragraph (3), by striking ‘‘category’’ semicolon at the end and inserting a period; ‘‘§ 188. Funding and ‘‘offered into the capital markets’’; and ‘‘(a) FUNDING.— (2) by striking paragraph (7) and redesig- (B) in paragraph (4)— ‘‘(1) IN GENERAL.—There is authorized to be nating paragraphs (8) through (15) as para- (i) by striking ‘‘funding’’ and inserting appropriated from the Highway Trust Fund graphs (7) through (14) respectively; ‘‘execution’’; and (other than the Mass Transit Account) to (3) in paragraph (8) (as redesignated by (ii) by striking ‘‘rating,’’ and all that fol- carry out this subchapter $122,021,761 for paragraph (2))— lows and inserting a period; each of fiscal years 2005 through 2009. (A) in subparagraph (B), by striking the pe- (2) in subsection (b)— ‘‘(2) ADMINISTRATIVE COSTS.—Of amounts riod at the end and inserting a semicolon; (A) by striking paragraph (2) and inserting made available under paragraph (1), the Sec- and the following: retary may use for the administration of this (B) by striking subparagraph (D) and in- ‘‘(2) MAXIMUM AMOUNT.—The amount of the subchapter not more than $1,877,258 for each serting the following: secured loan shall not exceed the lesser of— of fiscal years 2005 through 2009. ‘‘(D) a project that— ‘‘(A) 33 percent of the reasonably antici- ‘‘(3) COLLECTED FEES AND SERVICES.—In ad- ‘‘(i)(I) is a project for— pated eligible project costs; or dition to funds provided under paragraph ‘‘(aa) a public freight rail facility or a pri- ‘‘(B) the amount of the senior project obli- (2)— vate facility providing public benefit; gations.’’; ‘‘(A) all fees collected under this sub- ‘‘(bb) an intermodal freight transfer facil- (B) in paragraph (3)(A)(i), by inserting chapter shall be made available without fur- ity; ‘‘that also secure the senior project obliga- ther appropriation to the Secretary until ex- ‘‘(cc) a means of access to a facility de- tions’’ after ‘‘sources’’; and pended, for use in administering this sub- scribed in item (aa) or (bb); (C) in paragraph (4), by striking ‘‘market- chapter; and ‘‘(dd) a service improvement for a facility able’’; and ‘‘(B) the Secretary may accept and use described in item (aa) or (bb) (including a (3) in subsection (c)— payment or services provided by transaction capital investment for an intelligent trans- (A) by striking paragraph (3); participants, or third parties that are paid portation system); or (B) by redesignating paragraphs (4) and (5) by participants from transaction proceeds, ‘‘(II) comprises a series of projects de- as paragraphs (3) and (4), respectively; and for due diligence, legal, financial, or tech- scribed in subclause (I) with the common ob- (C) in paragraph (3) (as redesignated by nical services. jective of improving the flow of goods; subparagraph (B))— ‘‘(4) AVAILABILITY.—Amounts made avail- ‘‘(ii) may involve the combining of private (i) in subparagraph (A), by striking ‘‘dur- able under paragraph (1) shall remain avail- and public sector funds, including invest- ing the 10 years’’; and able until expended. ment of public funds in private sector facil- (ii) in subparagraph (B)(ii), by striking ‘‘(b) CONTRACT AUTHORITY.— ity improvements; and ‘‘loan’’ and all that follows and inserting ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(iii) if located within the boundaries of a ‘‘loan.’’. other provision of law, approval by the Sec- port terminal, includes only such surface (d) LINES OF CREDIT.—Section 184 of title retary of a Federal credit instrument that transportation infrastructure modifications 23, United States Code, is amended— uses funds made available under this sub- as are necessary to facilitate direct inter- (1) in subsection (b)— chapter shall be deemed to be acceptance by

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4668 CONGRESSIONAL RECORD — SENATE May 9, 2005 the United States of a contractual obligation ‘‘(iv) installation of a skid-resistant sur- ‘‘(vii) representatives conducting a motor to fund the Federal credit investment. face at an intersection or other location with carrier safety program under section 31104 or ‘‘(2) AVAILABILITY.—Amounts authorized a high frequency of accidents; 31107 of title 49; under this section for a fiscal year shall be ‘‘(v) an improvement for pedestrian or bi- ‘‘(viii) motor vehicle administration agen- available for obligation on October 1 of the cyclist safety; cies; and fiscal year.’’. ‘‘(vi)(I) construction of any project for the ‘‘(ix) other major State and local safety (g) REPEAL.—Section 189 of title 23, United elimination of hazards at a railway-highway stakeholders; States code, is repealed. crossing that is eligible for funding under ‘‘(B) analyzes and makes effective use of (h) CONFORMING AMENDMENTS.—The anal- section 130, including the separation or pro- State, regional, or local crash data; ysis for chapter 1 of title 23, United States tection of grades at railway-highway cross- ‘‘(C) addresses engineering, management, Code, is amended— ings; operation, education, enforcement, and (1) by striking the item relating to section ‘‘(II) construction of a railway-highway emergency services elements (including inte- 185 and inserting the following: crossing safety feature; or grated, interoperable emergency commu- ‘‘185. Program administration.’’; ‘‘(III) the conduct of a model traffic en- nications) of highway safety as key factors in evaluating highway projects; and forcement activity at a railway-highway ‘‘(D) considers safety needs of, and high-fa- (2) by striking the item relating to section crossing; tality segments of, public roads; 189. ‘‘(vii) construction of a traffic calming feature; ‘‘(E) considers the results of State, re- SEC. 1304. STATE INFRASTRUCTURE BANKS. gional, or local transportation and highway ‘‘(viii) elimination of a roadside obstacle; Section 1511(b)(1)(A) of the Transportation safety planning processes; ‘‘(ix) improvement of highway signage and Equity Act for the 21st Century (23 U.S.C. 181 ‘‘(F) describes a program of projects or pavement markings; note; 112 Stat. 251) is amended by striking strategies to reduce or eliminate safety haz- ‘‘(x) installation of a priority control sys- ‘‘Missouri,’’ and all that follows through ‘‘for ards; tem for emergency vehicles at signalized the establishment’’ and inserting ‘‘Missouri, ‘‘(G) is approved by the Governor of the intersections; Rhode Island, Texas, and any other State State or a responsible State agency; and ‘‘(xi) installation of a traffic control or that seeks such an agreement for the estab- ‘‘(H) is consistent with the requirements of lishment’’. other warning device at a location with high section 135(f). SEC. 1305. PUBLIC-PRIVATE PARTNERSHIPS accident potential; ‘‘(b) PROGRAM.— PILOT PROGRAM. ‘‘(xii) safety-conscious planning; ‘‘(1) IN GENERAL.—The Secretary shall Section 109(c) of title 23, United States ‘‘(xiii) improvement in the collection and carry out a highway safety improvement Code, is amended by adding at the end the analysis of crash data; program. following: ‘‘(xiv) planning, integrated, interoperable ‘‘(2) PURPOSE.—The purpose of the highway ‘‘(3) PUBLIC-PRIVATE PARTNERSHIPS PILOT emergency communications, equipment, safety improvement program shall be to PROGRAM.— operational activities, or traffic enforcement achieve a significant reduction in traffic fa- ‘‘(A) IN GENERAL.—The Secretary may un- activities (including police assistance) relat- talities and serious injuries on public roads. dertake a pilot program to demonstrate the ing to workzone safety; ‘‘(c) ELIGIBILITY.— advantages of public-private partnerships for ‘‘(xv) installation of guardrails, barriers ‘‘(1) IN GENERAL.—To obligate funds appor- critical capital development projects, includ- (including barriers between construction tioned under section 104(b)(5) to carry out ing highway, bridge, and freight intermodal work zones and traffic lanes for the safety of this section, a State shall have in effect a connector projects authorized under this motorists and workers), and crash attenu- State highway safety improvement program title. ators; under which the State— ‘‘(B) PROJECTS.—In carrying out the pro- ‘‘(xvi) the addition or retrofitting of struc- ‘‘(A) develops and implements a State stra- gram, the Secretary shall— tures or other measures to eliminate or re- tegic highway safety plan that identifies and ‘‘(i) select not less than 10 qualified public- duce accidents involving vehicles and wild- analyzes highway safety problems and oppor- private partnership projects that are author- life; or tunities as provided in paragraph (2); ized under applicable State and local laws; ‘‘(xvii) installation and maintenance of ‘‘(B) produces a program of projects or and signs (including fluorescent, yellow-green strategies to reduce identified safety prob- ‘‘(ii) use funds made available to carry out signs) at pedestrian-bicycle crossings and in lems; the program to provide to sponsors of the school zones. ‘‘(C) evaluates the plan on a regular basis projects assistance for development phase ‘‘(3) SAFETY PROJECT UNDER ANY OTHER SEC- to ensure the accuracy of the data and pri- activities described in section 181(1)(A), to TION.— ority of proposed improvements; and enhance project delivery and reduce overall ‘‘(A) IN GENERAL.—The term ‘safety project ‘‘(D) submits to the Secretary an annual costs.’’. under any other section’ means a project report that— carried out for the purpose of safety under ‘‘(i) describes, in a clearly understandable Subtitle D—Safety any other section of this title. fashion, not less than 5 percent of locations SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(B) INCLUSION.—The term ‘safety project determined by the State, using criteria es- GRAM. under any other section’ includes a project tablished in accordance with paragraph (a) SAFETY IMPROVEMENT.— to— (2)(B)(ii), as exhibiting the most severe safe- (1) IN GENERAL.—Section 148 of title 23, ‘‘(i) promote the awareness of the public ty needs; and United States Code, is amended to read as and educate the public concerning highway ‘‘(ii) contains an assessment of— follows: safety matters (including motorcyclist safe- ‘‘(I) potential remedies to hazardous loca- ‘‘§ 148. Highway safety improvement program ty); or tions identified; ‘‘(a) DEFINITIONS.—In this section: ‘‘(ii) enforce highway safety laws. ‘‘(II) estimated costs associated with those ‘‘(1) HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(4) STATE HIGHWAY SAFETY IMPROVEMENT remedies; and GRAM.—The term ‘highway safety improve- PROGRAM.—The term ‘State highway safety ‘‘(III) impediments to implementation ment program’ means the program carried improvement program’ means projects or other than cost associated with those rem- out under this section. strategies included in the State strategic edies. ‘‘(2) HIGHWAY SAFETY IMPROVEMENT highway safety plan carried out as part of ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH- PROJECT.— the State transportation improvement pro- WAY SAFETY PROBLEMS AND OPPORTUNITIES.— ‘‘(A) IN GENERAL.—The term ‘highway safe- gram under section 135(f). As part of the State strategic highway safety ty improvement project’ means a project de- ‘‘(5) STATE STRATEGIC HIGHWAY SAFETY plan, a State shall— scribed in the State strategic highway safety PLAN.—The term ‘State strategic highway ‘‘(A) have in place a crash data system plan that— safety plan’ means a plan developed by the with the ability to perform safety problem ‘‘(i) corrects or improves a hazardous road State transportation department that— identification and countermeasure analysis; location or feature; or ‘‘(A) is developed after consultation with— ‘‘(B) based on the analysis required by sub- ‘‘(ii) addresses a highway safety problem. ‘‘(i) a highway safety representative of the paragraph (A)— ‘‘(B) INCLUSIONS.—The term ‘highway safe- Governor of the State; ‘‘(i) identify hazardous locations, sections, ty improvement project’ includes a project ‘‘(ii) regional transportation planning or- and elements (including roadside obstacles, for— ganizations and metropolitan planning orga- railway-highway crossing needs, and un- ‘‘(i) an intersection safety improvement; nizations, if any; marked or poorly marked roads) that con- ‘‘(ii) pavement and shoulder widening (in- ‘‘(iii) representatives of major modes of stitute a danger to motorists (including mo- cluding addition of a passing lane to remedy transportation; torcyclists), bicyclists, pedestrians, and an unsafe condition); ‘‘(iv) State and local traffic enforcement other highway users; and ‘‘(iii) installation of rumble strips or an- officials; ‘‘(ii) using such criteria as the State deter- other warning device, if the rumble strips or ‘‘(v) persons responsible for administering mines to be appropriate, establish the rel- other warning devices do not adversely affect section 130 at the State level; ative severity of those locations, in terms of the safety or mobility of bicyclists and pe- ‘‘(vi) representatives conducting Operation accidents, injuries, deaths, traffic volume destrians; Lifesaver; levels, and other relevant data;

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4669 ‘‘(C) adopt strategic and performance- ‘‘(B) assesses the effectiveness of those im- (v) in subparagraph (C) (as redesignated by based goals that— provements; and clause (iv)), by adding a period at the end; ‘‘(i) address traffic safety, including behav- ‘‘(C) describes the extent to which the im- and ioral and infrastructure problems and oppor- provements funded under this section con- (D) in paragraph (4)(A) (as redesignated by tunities on all public roads; tribute to the goals of— subparagraph (B)), by striking ‘‘paragraph ‘‘(ii) focus resources on areas of greatest ‘‘(i) reducing the number of fatalities on (2)’’ and inserting ‘‘paragraph (1)’’. need; and roadways; (3) ADMINISTRATION.—Section 133(e) of title ‘‘(iii) are coordinated with other State ‘‘(ii) reducing the number of roadway-re- 23, United States Code, is amended in each of highway safety programs; lated injuries; paragraphs (3)(B)(i), (5)(A), and (5)(B) of sub- ‘‘(D) advance the capabilities of the State ‘‘(iii) reducing the occurrences of roadway- section (e), by striking ‘‘(d)(2)’’ each place it for traffic records data collection, analysis, related crashes; appears and inserting ‘‘(d)(1)’’. and integration with other sources of safety ‘‘(iv) mitigating the consequences of road- (4) CONFORMING AMENDMENTS.— data (such as road inventories) in a manner way-related crashes; and (A) The analysis for chapter 1 of title 23, that— ‘‘(v) reducing the occurrences of roadway- United States Code, is amended by striking ‘‘(i) complements the State highway safety railroad grade crossing crashes. the item relating to section 148 and inserting program under chapter 4 and the commercial ‘‘(2) CONTENTS; SCHEDULE.—The Secretary the following: vehicle safety plan under section 31102 of shall establish the content and schedule for ‘‘148. Highway safety improvement pro- title 49; a report under paragraph (1). gram.’’. ‘‘(ii) includes all public roads; ‘‘(3) TRANSPARENCY.—The Secretary shall (B) Section 104(g) of title 23, United States ‘‘(iii) identifies hazardous locations, sec- make reports under subsection (c)(1)(D) tions, and elements on public roads that con- Code, is amended in the first sentence by available to the public through— striking ‘‘sections 130, 144, and 152 of this stitute a danger to motorists (including mo- ‘‘(A) the Internet site of the Department; torcyclists), bicyclists, pedestrians, and title’’ and inserting ‘‘sections 130 and 144’’. and (C) Section 126 of title 23, United States other highway users; and ‘‘(B) such other means as the Secretary de- ‘‘(iv) includes a means of identifying the Code, is amended— termines to be appropriate. (i) in subsection (a), by inserting ‘‘under’’ relative severity of hazardous locations de- ‘‘(4) DISCOVERY AND ADMISSION INTO EVI- scribed in clause (iii) in terms of accidents, after ‘‘State’s apportionment’’; and DENCE OF CERTAIN REPORTS, SURVEYS, AND IN- (ii) in subsection (b)— injuries, deaths, and traffic volume levels; FORMATION.—Notwithstanding any other pro- ‘‘(E)(i) determine priorities for the correc- (I) in the first sentence, by striking ‘‘the vision of law, reports, surveys, schedules, last sentence of section 133(d)(1) or to section tion of hazardous road locations, sections, lists, or data compiled or collected for any and elements (including railway-highway 104(f) or to section 133(d)(3)’’ and inserting purpose directly relating to paragraph (1) or ‘‘section 104(f) or 133(d)(2)’’; and crossing improvements), as identified subsection (c)(1)(D), or published by the Sec- through crash data analysis; (II) in the second sentence, by striking ‘‘or retary in accordance with paragraph (3), 133(d)(2)’’. ‘‘(ii) identify opportunities for preventing shall not be subject to discovery or admitted the development of such hazardous condi- (D) Sections 154, 164, and 409 of title 23, into evidence in a Federal or State court United States Code, are amended by striking tions; and proceeding or considered for other purposes ‘‘(iii) establish and implement a schedule ‘‘152’’ each place it appears and inserting in any action for damages arising from any ‘‘148’’. of highway safety improvement projects for occurrence at a location identified or ad- hazard correction and hazard prevention; and (b) APPORTIONMENT OF HIGHWAY SAFETY IM- dressed in such reports, surveys, schedules, PROVEMENT PROGRAM FUNDS.—Section 104(b) ‘‘(F)(i) establish an evaluation process to lists, or other data. analyze and assess results achieved by high- of title 23, United States Code, is amended— ‘‘(g) FEDERAL SHARE OF HIGHWAY SAFETY (1) in the matter preceding paragraph (1), way safety improvement projects carried out IMPROVEMENT PROJECTS.—Except as provided by inserting after ‘‘Improvement program,’’ in accordance with procedures and criteria in sections 120 and 130, the Federal share of the following: ‘‘the highway safety improve- established by this section; and the cost of a highway safety improvement ment program,’’; and ‘‘(ii) use the information obtained under project carried out with funds made avail- (2) by adding at the end the following: clause (i) in setting priorities for highway able under this section shall be 90 percent. safety improvement projects. ‘‘(h) FUNDS FOR BICYCLE AND PEDESTRIAN ‘‘(5) HIGHWAY SAFETY IMPROVEMENT PRO- ‘‘(d) ELIGIBLE PROJECTS.— SAFETY.—A State shall allocate for bicycle GRAM.— ‘‘(1) IN GENERAL.—A State may obligate and pedestrian improvements in the State a ‘‘(A) IN GENERAL.—For the highway safety funds apportioned to the State under section percentage of the funds remaining after im- improvement program, in accordance with 104(b)(5) to carry out— plementation of sections 130(e) and 150, in an the following formula: ‘‘(A) any highway safety improvement amount that is equal to or greater than the ‘‘(i) 25 percent of the apportionments in project on any public road or publicly owned percentage of all fatal crashes in the State the ratio that— bicycle or pedestrian pathway or trail; or involving bicyclists and pedestrians. ‘‘(I) the total lane miles of Federal-aid ‘‘(B) as provided in subsection (e), for other ‘‘(i) ROADWAY SAFETY IMPROVEMENTS FOR highways in each State; bears to safety projects. OLDER DRIVERS AND PEDESTRIANS.—For each ‘‘(II) the total lane miles of Federal-aid ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— of fiscal years 2005 through 2009, $23,465,723 is highways in all States. ‘‘(A) EFFECT OF SECTION.—Nothing in this authorized to be appropriated out of the ‘‘(ii) 40 percent of the apportionments in section prohibits the use of funds made Highway Trust Fund (other than the Mass the ratio that— available under other provisions of this title Transit Account) for projects in all States to ‘‘(I) the total vehicle miles traveled on for highway safety improvement projects. improve traffic signs and pavement mark- lanes on Federal-aid highways in each State; ‘‘(B) USE OF OTHER FUNDS.—States are en- ings in a manner consistent with the rec- bears to couraged to address the full scope of their ommendations included in the publication of ‘‘(II) the total vehicle miles traveled on safety needs and opportunities by using the Federal Highway Administration enti- lanes on Federal-aid highways in all States. funds made available under other provisions tled ‘Guidelines and Recommendations to ‘‘(iii) 35 percent of the apportionments in of this title (except a provision that specifi- Accommodate Older Drivers and Pedestrians the ratio that— cally prohibits that use). (FHWA-RD-01-103)’ and dated October 2001.’’. ‘‘(I) the estimated tax payments attrib- ‘‘(e) FLEXIBLE FUNDING FOR STATES WITH A (2) ALLOCATIONS OF APPORTIONED FUNDS.— utable to highway users in each State paid STRATEGIC HIGHWAY SAFETY PLAN.— Section 133(d) of title 23, United States Code, into the Highway Trust Fund (other than the ‘‘(1) IN GENERAL.—To further the imple- is amended— Mass Transit Account) in the latest fiscal mentation of a State strategic highway safe- (A) by striking paragraph (1); year for which data are available; bears to ty plan, a State may use up to 25 percent of (B) by redesignating paragraphs (2) ‘‘(II) the estimated tax payments attrib- the amount of funds made available under through (5) as paragraphs (1) through (4), re- utable to highway users in all States paid this section for a fiscal year to carry out spectively; into the Highway Trust Fund (other than the safety projects under any other section as (C) in paragraph (2) (as redesignated by Mass Transit Account) in the latest fiscal provided in the State strategic highway safe- subparagraph (B))— year for which data are available. ty plan. (i) in the first sentence of subparagraph ‘‘(B) MINIMUM APPORTIONMENT.—Notwith- ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY (A)— standing subparagraph (A), each State shall SAFETY PLANS.—Nothing in this subsection (I) by striking ‘‘subparagraphs (C) and (D)’’ receive a minimum of 1⁄2 of 1 percent of the requires a State to revise any State process, and inserting ‘‘subparagraph (C)’’; and funds apportioned under this paragraph.’’. plan, or program in effect on the date of en- (II) by striking ‘‘80 percent’’ and inserting (c) ELIMINATION OF HAZARDS RELATING TO actment of this section. ‘‘90 percent’’; RAILWAY-HIGHWAY CROSSINGS.— ‘‘(f) REPORTS.— (ii) in subparagraph (B), by striking ‘‘tobe’’ (1) FUNDS FOR RAILWAY-HIGHWAY CROSS- ‘‘(1) IN GENERAL.—A State shall submit to and inserting ‘‘to be’’; INGS.—Section 130(e) of title 23, United the Secretary a report that— (iii) by striking subparagraph (C); States Code, is amended by inserting before ‘‘(A) describes progress being made to im- (iv) by redesignating subparagraphs (D) ‘‘At least’’ the following: ‘‘For each fiscal plement highway safety improvement and (E) as subparagraphs (C) and (D), respec- year, at least $187,725,786 of the funds author- projects under this section; tively; and ized and expended under section 148 shall be

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4670 CONGRESSIONAL RECORD — SENATE May 9, 2005 available for the elimination of hazards and ‘‘(B) a combination of suspension of all ‘‘(iv) on-street bicycle facilities; the installation of protective devices at rail- driving privileges of an individual for the ‘‘(v) off-street bicycle and pedestrian facili- way-highway crossings.’’. first 90 days of the suspension period, fol- ties; (2) BIENNIAL REPORTS TO CONGRESS.—Sec- lowed by reinstatement of limited driving ‘‘(vi) secure bicycle parking facilities; tion 130(g) of title 23, United States Code, is privileges requiring the individual to operate ‘‘(vii) traffic signal improvements; and amended in the third sentence— only motor vehicles equipped with an igni- ‘‘(viii) pedestrian-railroad grade crossing (A) by inserting ‘‘and the Committee on tion interlock system or other device ap- improvements. Commerce, Science, and Transportation,’’ proved by the Secretary during the remain- ‘‘(B) LOCATION OF PROJECTS.—Infrastruc- after ‘‘Public Works’’; and der of the suspension period.’’. ture-related projects under subparagraph (A) (B) by striking ‘‘not later than April 1 of SEC. 1404. BUS AXLE WEIGHT EXEMPTION. may be carried out on— each year’’ and inserting ‘‘every other year’’. Section 1023 of the Intermodal Surface ‘‘(i) any public road in the vicinity of a (3) EXPENDITURE OF FUNDS.—Section 130 of Transportation Efficiency Act of 1991 (23 school; or title 23, United States Code, is amended by U.S.C. 127 note; 105 Stat. 1951) is amended by ‘‘(ii) any bicycle or pedestrian pathway or adding at the end the following: striking subsection (h) and inserting the fol- trail in the vicinity of a school. ‘‘(k) EXPENDITURE OF FUNDS.—Funds made lowing: ‘‘(2) BEHAVIORAL ACTIVITIES.— available to carry out this section shall be— ‘‘(h) OVER-THE-ROAD BUS AND PUBLIC TRAN- ‘‘(A) IN GENERAL.—In addition to projects ‘‘(1) available for expenditure on compila- SIT VEHICLE EXEMPTION.— described in paragraph (1), amounts apportion and analysis of data in support of activi- ‘‘(1) IN GENERAL.—The second sentence of tioned to a State under this section may be ties carried out under subsection (g); and section 127 of title 23, United States Code (re- used for behavioral activities to encourage ‘‘(2) apportioned in accordance with sec- lating to axle weight limitations for vehicles walking and bicycling to school, including— tion 104(b)(5).’’. using the Dwight D. Eisenhower System of ‘‘(i) public awareness campaigns and out- (d) TRANSITION.— Interstate and Defense Highways), shall not reach to press and community leaders; (1) IMPLEMENTATION.—Except as provided apply to— ‘‘(ii) traffic education and enforcement in in paragraph (2), the Secretary shall approve ‘‘(A) any over-the-road bus (as defined in the vicinity of schools; and obligations of funds apportioned under sec- section 301 of the Americans With Disabil- ‘‘(iii) student sessions on bicycle and pe- tion 104(b)(5) of title 23, United States Code ities Act of 1990 (42 U.S.C. 12181)); or destrian safety, health, and environment. ‘‘(B) any vehicle that is regularly and ex- (as added by subsection (b)) to carry out sec- ‘‘(B) ALLOCATION.—Of the amounts apportion 148 of that title, only if, not later than clusively used as an intrastate public agency tioned to a State under this section for a fis- October 1 of the second fiscal year after the transit passenger bus. cal year, not less than 10 percent shall be date of enactment of this Act, a State has ‘‘(2) STATE ACTION.—No State or political used for behavioral activities under this developed and implemented a State strategic subdivision of a State, or any political au- paragraph. highway safety plan as required under sec- thority of 2 or more States, shall impose any ‘‘(f) FUNDING.— tion 148(c) of that title. axle weight limitation on any vehicle de- ‘‘(1) SET ASIDE.—Before apportioning (2) INTERIM PERIOD.— scribed in paragraph (1) in any case in which amounts to carry out section 148 for a fiscal (A) IN GENERAL.—Before October 1 of the such a vehicle is using the Dwight D. Eisen- year, the Secretary shall set aside and use second fiscal year after the date of enact- hower System of Interstate and Defense $65,704,024 to carry out this section. ment of this Act and until the date on which Highways.’’. ‘‘(2) APPORTIONMENT.—Amounts made a State develops and implements a State SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM. available to carry out this section shall be strategic highway safety plan, the Secretary (a) IN GENERAL.—Subchapter I of chapter I apportioned to States in accordance with shall apportion funds to a State for the high- of title 23, United States Code, is amended by section 104(b)(5). way safety improvement program and the inserting after section 149 the following: ‘‘(3) ADMINISTRATION OF AMOUNTS.— State may obligate funds apportioned to the ‘‘§ 150. Safe routes to schools program Amounts apportioned to a State under this State for the highway safety improvement ‘‘(a) DEFINITIONS.—In this section: section shall be administered by the State program under section 148 for projects that ‘‘(1) PRIMARY AND SECONDARY SCHOOL.—The transportation department. were eligible for funding under sections 130 term ‘primary and secondary school’ means ‘‘(4) FEDERAL SHARE.—Except as provided and 152 of that title, as in effect on the day a school that provides education to children in sections 120 and 130, the Federal share of before the date of enactment of this Act. in any of grades kindergarten through 12. the cost of a project or activity funded under (B) NO STRATEGIC HIGHWAY SAFETY PLAN.— ‘‘(2) PROGRAM.—The term ‘program’ means this section shall be 90 percent. If a State has not developed a strategic high- the safe routes to schools program estab- ‘‘(5) PERIOD OF AVAILABILITY.—Notwith- way safety plan by October 1 of the second lished under subsection (b). standing section 118(b)(2), amounts appor- fiscal year after the date of enactment of ‘‘(3) VICINITY OF A SCHOOL.—The term ‘vi- tioned under this section shall remain avail- this Act, but certifies to the Secretary that cinity of a school’ means the area within 2 able until expended.’’. progress is being made toward developing miles of a primary or secondary school. (b) CONFORMING AMENDMENTS.—The anal- and implementing such a plan, the Secretary ‘‘(b) ESTABLISHMENT.—The Secretary shall ysis for subchapter I of chapter 1 of title 23, shall continue to apportion funds for 1 addi- establish and carry out a safe routes to United States Code is amended by inserting tional fiscal year for the highway safety im- school program for the benefit of children in after the item relating to section 149 the fol- provement program under section 148 of title primary and secondary schools in accordance lowing: 23, United States Code, to the State, and the with this section. ‘‘150. Safe routes to school program.’’. ‘‘(c) PURPOSES.—The purposes of the pro- State may continue to obligate funds appor- SEC. 1406. PURCHASES OF EQUIPMENT. gram shall be— tioned to the State under this section for (a) IN GENERAL.—Section 152 of title 23, projects that were eligible for funding under ‘‘(1) to enable and to encourage children to United States Code is amended to read as fol- sections 130 and 152 of that title, as in effect walk and bicycle to school; lows: ‘‘(2) to encourage a healthy and active life- on the day before the date of enactment of ‘‘§ 152. Purchases of equipment this Act. style by making walking and bicycling to ‘‘(a) IN GENERAL.—Subject to subsection (C) PENALTY.—If a State has not adopted a school safer and more appealing transportation alternatives; and (b), a State carrying out a project under this strategic highway safety plan by the date chapter shall purchase device, tool or other that is 2 years after the date of enactment of ‘‘(3) to facilitate the planning, development, and implementation of projects and equipment needed for the project only after this Act, funds made available to the State completing and providing a written analysis under section 1101(6) shall be redistributed to activities that will improve safety in the vicinity of schools. demonstrating the cost savings associated other States in accordance with section with purchasing the equipment compared 104(b)(3) of title 23, United States Code. ‘‘(d) ELIGIBLE RECIPIENTS.—A State shall use amounts apportioned under this section with renting the equipment from a qualified SEC. 1402. OPERATION LIFESAVER. to provide financial assistance to State, re- equipment rental provider before the project Section 104(d)(1) of title 23, United States gional, and local agencies that demonstrate commences Code, is amended— an ability to meet the requirements of this ‘‘(b) APPLICABILITY.—This section shall (1) by striking ‘‘subsection (b)(3)’’ and in- section. apply to— serting ‘‘subsection (b)(5)’’; and ‘‘(e) ELIGIBLE PROJECTS AND ACTIVITIES.— ‘‘(1) earth moving, road machinery, and (2) by striking ‘‘$500,000’’ and inserting ‘‘(1) INFRASTRUCTURE-RELATED PROJECTS.— material handling equipment, or any other ‘‘$563,177’’. ‘‘(A) IN GENERAL.—Amounts apportioned to item, with a purchase price in excess of SEC. 1403. LICENSE SUSPENSION. a State under this section may be used for $75,000; and Section 164(a) of title 23, United States the planning, design, and construction of in- ‘‘(2) aerial work platforms with a purchase Code, is amended by striking paragraph (3) frastructure-related projects to encourage price in excess of $25,000.’’. and inserting the following: walking and bicycling to school, including— (b) CONFORMING AMENDMENT.—The analysis ‘‘(3) LICENSE SUSPENSION.—The term ‘li- ‘‘(i) sidewalk improvements; for subchapter I of chapter 1 of title 23, cense suspension’ means— ‘‘(ii) traffic calming and speed reduction United States Code, is amended by striking ‘‘(A) the suspension of all driving privi- improvements; the item relating to section 152 and inserting leges of an individual for the duration of the ‘‘(iii) pedestrian and bicycle crossing im- the following: suspension period; or provements; ‘‘152. Purchases of equipment.’’.

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SEC. 1407. WORKZONE SAFETY. ‘‘(1) SALE.—A person who knowingly sells a tat, water quality, and agricultural and for- Section 358(b) of the National Highway traffic signal preemption transmitter in or est land, while minimizing invasive spe- System Designation Act of 1995 (109 Stat. 625) affecting interstate or foreign commerce to a cies)’’; and is amended by adding at the end the fol- person who is not acting on behalf of a public (ii) by inserting before the semicolon the lowing: agency or private corporation authorized by following: ‘‘(including minimizing adverse ‘‘(7) Recommending all federally-assisted law to provide fire protection, law enforce- health effects from mobile source air pollu- projects in excess of $15,000,000 to enter into ment, emergency medical services, transit tion and promoting the linkage of the trans- contracts only with work zone safety serv- services, maintenance, or other services for a portation and development goals of the ices contractors, traffic control contractors, Federal, State, or local government entity, State)’’; and and trench safety and shoring contractors shall, notwithstanding section 3571(b), be (B) in subparagraph (G), by inserting ‘‘and that carry general liability insurance in an fined not more than $10,000, imprisoned not efficient use’’ after ‘‘preservation’’; amount not less than $15,000,000. more than 1 year, or both. (2) by redesignating paragraph (2) as para- ‘‘(8) Recommending federally-assisted ‘‘(2) USE.—A person who makes unauthor- graph (3); and projects the costs of which exceed $15,000,000 ized use of a traffic signal preemption trans- (3) by inserting after paragraph (1) the fol- to include work zone intelligent transpor- mitter in or affecting interstate or foreign lowing: tation systems that are— commerce shall be fined not more than ‘‘(2) SELECTION OF PROJECTS AND STRATE- ‘‘(A) provided by a qualified vendor; and $10,000, imprisoned not more than 6 months, GIES.—After soliciting and considering any ‘‘(B) monitored continuously. or both. relevant public comments, the State shall ‘‘(9) Recommending federally-assisted ‘‘(b) DEFINITIONS.—In this section, the fol- determine which of the projects and strate- projects to fully fund not less than 5 percent lowing definitions apply: gies described in paragraph (1) are most ap- of project costs for work zone safety and ‘‘(1) TRAFFIC SIGNAL PREEMPTION TRANS- propriate for the State to consider.’’. temporary traffic control measures, in addi- MITTER.—The term ‘traffic signal preemption SEC. 1502. CONSULTATION BETWEEN TRANSPOR- tion to the cost of the project, which meas- transmitter’ means any mechanism that can TATION AGENCIES AND RESOURCE ures shall be provided by a qualified work change or alter a traffic signal’s phase time AGENCIES IN TRANSPORTATION PLANNING. zone safety or traffic control provider. or sequence. (a) IN GENERAL.—Section 134(g) of title 23, ‘‘(10) Ensuring that any recommendation ‘‘(2) UNAUTHORIZED USE.— United States Code, is amended— made under any of paragraphs (7) through (9) ‘‘(A) IN GENERAL.—The term ‘unauthorized (1) in paragraph (2)— provides for an exemption for applicability use’ means use of a traffic signal preemption (A) by redesignating subparagraphs (B) to a State, with respect to a project or class transmitter by a person who is not acting on through (D) as subparagraphs (C) through of projects, to the extent that a State noti- behalf of a public agency or private corpora- (E), respectively; and fies the Secretary in writing that safety is tion authorized by law to provide fire protec- (B) by inserting after subparagraph (A) the not expected to be adversely affected by non- tion, law enforcement, emergency medical following: application of the requirement to the project services, transit services, maintenance, or ‘‘(B) MITIGATION ACTIVITIES.— or class of projects.’’. other services for a Federal, State, or local government entity. ‘‘(i) IN GENERAL.—A long-range transpor- SEC. 1408. WORKER INJURY PREVENTION AND ‘‘(B) EXCEPTION.—The term ‘unauthorized tation plan shall include a discussion of— FREE FLOW OF VEHICULAR TRAF- FIC. use’ does not apply to use of a traffic signal ‘‘(I) types of potential habitat, Not later than 1 year after the date of en- preemption transmitter for classroom or in- hydrological, and environmental mitigation actment of this Act, the Secretary shall pro- structional purposes.’’. activities that may assist in compensating mulgate regulations— (b) CHAPTER ANALYSIS.—The chapter anal- for loss of habitat, wetland, and other envi- (1) to decrease the probability of worker ysis for chapter 2 of title 18, United States ronmental functions; and Code, is amended by adding at the end the injury; ‘‘(II) potential areas to carry out these ac- following: (2) to maintain the free flow of vehicular tivities, including a discussion of areas that traffic by requiring workers whose duties ‘‘39. Traffic signal preemption transmit- may have the greatest potential to restore place the workers on, or in close proximity ters.’’. and maintain the habitat types and to, a Federal-aid highway (as defined in sec- Subtitle E—Environmental Planning and hydrological or environmental functions af- tion 101 of title 23, United States Code) to Review fected by the plan. wear high-visibility clothing; and CHAPTER 1—TRANSPORTATION ‘‘(ii) CONSULTATION.—The discussion shall (3) to require such other worker-safety PLANNING be developed in consultation with Federal, State, and tribal wildlife, land management, measures for workers described in paragraph SEC. 1501. INTEGRATION OF NATURAL RESOURCE (2) as the Secretary determines appropriate. CONCERNS INTO STATE AND METRO- and regulatory agencies.’’; (2) by redesignating paragraphs (4), (5), and SEC. 1409. OPEN CONTAINER REQUIREMENTS. POLITAN TRANSPORTATION PLAN- Section 154 of title 23, United States Code, NING. (6) as paragraphs (5), (6), and (7), respec- is amended by striking subsection (c) and in- (a) METROPOLITAN PLANNING.—Section tively; and serting the following: 134(f) of title 23, United States Code, is (3) by inserting after paragraph (3) the fol- ‘‘(c) TRANSFER OF FUNDS.— amended— lowing: ‘‘(1) IN GENERAL.—The Secretary shall (1) in paragraph (1)— ‘‘(4) CONSULTATION.— withhold the applicable percentage for the (A) in subparagraph (D)— ‘‘(A) IN GENERAL.—In each metropolitan fiscal year of the amount required to be ap- (i) by inserting after ‘‘environment’’ the area, the metropolitan planning organization portioned for Federal-aid highways to any following: ‘‘(including the protection of habi- shall consult, as appropriate, with State and State under each of paragraphs (1), (3), and tat, water quality, and agricultural and for- local agencies responsible for land use man- (4) of section 104(b), if a State has not en- est land, while minimizing invasive spe- agement, natural resources, environmental acted or is not enforcing a provision de- cies)’’; and protection, conservation, and historic preser- scribed in subsection (b), as follows: (ii) by inserting before the semicolon the vation concerning the development of a long- following: ‘‘(including minimizing adverse range transportation plan. ‘‘For: The applicable health effects from mobile source air pollu- ‘‘(B) ISSUES.—The consultation shall in- percentage is: Fiscal year 2008 ...... 2 percent. tion and promoting the linkage of the trans- volve— Fiscal year 2009 ...... 2 percent. portation and development goals of the met- ‘‘(i) comparison of transportation plans Fiscal year 2010 ...... 2 percent. ropolitan area)’’; and with State conservation plans or with maps, Fiscal year 2011 and each (B) in subparagraph (G), by inserting ‘‘and if available; subsequent fiscal year .... 2 percent. efficient use’’ after ‘‘preservation’’; ‘‘(ii) comparison of transportation plans to (2) by redesignating paragraph (2) as para- inventories of natural or historic resources, ‘‘(2) RESTORATION.—If (during the 4-year period beginning on the date the apportion- graph (3); and if available; or ment for any State is reduced in accordance (3) by inserting after paragraph (1) the fol- ‘‘(iii) consideration of areas where wildlife with this subsection) the Secretary deter- lowing: crossing structures may be needed to ensure mines that the State has enacted and is en- ‘‘(2) SELECTION OF FACTORS.—After solic- connectivity between wildlife habitat link- forcing a provision described in subsection iting and considering any relevant public age areas.’’. (b) IMPROVED CONSULTATION DURING STATE (b), the apportionment of the State shall be comments, the metropolitan planning orga- TRANSPORTATION PLANNING.— increased by an amount equal to the amount nization shall determine which of the factors (1) IN GENERAL.—Section 135(e)(2) of title of the reduction made during the 4-year pe- described in paragraph (1) are most appro- 23, United States Code, is amended by adding riod.’’. priate for the metropolitan area to consider.’’. at the end the following: SEC. 1410. SAFE INTERSECTIONS. (b) STATEWIDE PLANNING.—Section 135(c) of ‘‘(D) CONSULTATION, COMPARISON, AND CON- (a) IN GENERAL.—Chapter 2 of title 18, title 23, United States Code, is amended— SIDERATION.— United States Code, is amended by adding at (1) in paragraph (1)— ‘‘(i) IN GENERAL.—The long-range transpor- the end the following: (A) in subparagraph (D)— tation plan shall be developed, as appro- ‘‘§ 39. Traffic signal preemption transmitters (i) by inserting after ‘‘environment’’ the priate, in consultation with State, tribal, ‘‘(a) OFFENSES.— following: ‘‘(including the protection of habi- and local agencies responsible for—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4672 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(I) land use management; ‘‘(ii) employ visualization techniques to sistent with this section) for habitat, ‘‘(II) natural resources; describe plans; and streams, or wetlands mitigation related to 1 ‘‘(III) environmental protection; ‘‘(iii) make public information available in or more projects funded under this title, in- ‘‘(IV) conservation; and electronically accessible format and means, cluding a project under the transportation ‘‘(V) historic preservation. such as the World Wide Web.’’. improvement program of the State developed ‘‘(ii) COMPARISON AND CONSIDERATION.— (2) PUBLICATION OF LONG-RANGE TRANSPOR- under section 135(f). Consultation under clause (i) shall involve— TATION PLANS.—Section 134(g)(6)(i) of title 23, ‘‘(2) ENDANGERED SPECIES.—In carrying out ‘‘(I) comparison of transportation plans to United States Code (as redesignated by sec- this section, a State and cooperating agency State and tribal conservation plans or maps, tion 1502(a)(1)), is amended by inserting be- shall give consideration to mitigation if available; fore the semicolon the following: ‘‘, includ- projects, on-site or off-site, that restore and ‘‘(II) comparison of transportation plans to ing (to the maximum extent practicable) in preserve the best available sites to conserve inventories of natural or historic resources, electronically accessible formats and means biodiversity and habitat for— if available; or such as the World Wide Web’’. ‘‘(A) Federal or State listed threatened or ‘‘(III) consideration of areas where wildlife (b) STATEWIDE PLANNING.— endangered species of plants and animals; crossing structures may be needed to ensure (1) PARTICIPATION BY INTERESTED PAR- and connectivity between wildlife habitat link- TIES.—Section 135(e)(3) of title 23, United ‘‘(B) plant or animal species warranting age areas.’’. States Code, is amended by striking subpara- listing as threatened or endangered, as deter- (2) ADDITIONAL REQUIREMENTS.—Section graph (B) and inserting the following: mined by the Secretary of the Interior in ac- 135(e) of title 23, United States Code, is ‘‘(B) METHODS.—In carrying out subpara- cordance with section 4(b)(3)(B) of the En- amended— graph (A), the State shall, to the maximum dangered Species Act of 1973 (16 U.S.C. (A) by redesignating paragraphs (4) and (5) extent practicable— 1533(b)(3)(B)). as paragraphs (6) and (7), respectively; and ‘‘(i) hold any public meetings at conven- ‘‘(3) MITIGATION IN CLOSED BASINS.— (B) by inserting after paragraph (3) the fol- ient and accessible locations and times; ‘‘(A) IN GENERAL.—A State may use lowing: ‘‘(ii) employ visualization techniques to amounts deposited in the State fund for ‘‘(4) MITIGATION ACTIVITIES.— describe plans; and projects to protect existing roadways from ‘‘(A) IN GENERAL.—A long-range transpor- ‘‘(iii) make public information available in anticipated flooding of a closed basin lake, tation plan shall include a discussion of— electronically accessible format and means, including— ‘‘(i) types of potential habitat, such as the World Wide Web.’’. ‘‘(i) construction— hydrological, and environmental mitigation (2) PUBLICATION OF LONG-RANGE TRANSPOR- ‘‘(I) necessary for the continuation of road- activities that may assist in compensating TATION PLANS.—Section 135(e) of title 23, way services and the impoundment of water, for loss of habitat, wetlands, and other envi- United States Code (as amended by section as the State determines to be appropriate; or ronmental functions; and 1502(b)(2)), is amended by adding at the end ‘‘(II) for a grade raise to permanently re- ‘‘(ii) potential areas to carry out these ac- the following: store a roadway the use of which is lost or tivities, including a discussion of areas that ‘‘(8) PUBLICATION OF LONG-RANGE TRANSPOR- reduced, or could be lost or reduced, as a re- may have the greatest potential to restore TATION PLANS.—Each long-range transpor- sult of an actual or predicted water level and maintain the habitat types and tation plan prepared by a State shall be pub- that is within 3 feet of causing inundation of hydrological or environmental functions af- lished or otherwise made available, including the roadway in a closed lake basin; fected by the plan. (to the maximum extent practicable) in elec- ‘‘(ii) monitoring, studies, evaluations, de- ‘‘(B) CONSULTATION.—The discussion shall tronically accessible formats and means, sign, or preliminary engineering relating to be developed in consultation with Federal, such as the World Wide Web.’’. construction; and State, and tribal wildlife, land management, SEC. 1505. PROJECT MITIGATION. ‘‘(iii) monitoring and evaluations relating and regulatory agencies. (a) MITIGATION FOR NATIONAL HIGHWAY to proposed construction. ‘‘(5) TRANSPORTATION STRATEGIES.—A long- SYSTEM PROJECTS.—Section 103(b)(6)(M) of ‘‘(B) REIMBURSEMENT.—The Secretary may range transportation plan shall identify title 23, United States Code, is amended— permit a State that expends funds under sub- transportation strategies necessary to effi- (1) by inserting ‘‘(i)’’ after ‘‘(M); and paragraph (A) to be reimbursed for the ex- ciently serve the mobility needs of people.’’. (2) by adding at the end the following: penditures through the use of amounts made SEC. 1503. INTEGRATION OF NATURAL RESOURCE ‘‘(ii) State habitat, streams, and wetlands available under section 125(c)(1). CONCERNS INTO TRANSPORTATION mitigation efforts under section 155.’’. PROJECT PLANNING. ‘‘(e) CONSISTENCY WITH APPLICABLE RE- (b) MITIGATION FOR SURFACE TRANSPOR- Section 109(c)(2) of title 23, United States QUIREMENTS.—Contributions from the State TATION PROGRAM PROJECTS.—Section fund to mitigation efforts may occur in ad- Code, is amended— 133(b)(11) of title 23, United States Code, is (1) by striking ‘‘consider the results’’ and vance of project construction only if the ef- amended— forts are consistent with all applicable re- inserting ‘‘consider— (1) by inserting ‘‘(A)’’ after ‘‘(11)’’; and ‘‘(A) the results’’; quirements of Federal law (including regula- (2) by adding at the end the following: tions).’’. (2) by striking the period at the end and in- ‘‘(B) State habitat, streams, and wetlands serting a semicolon; and (d) CONFORMING AMENDMENT.—The analysis mitigation efforts under section 155.’’. for subchapter I of chapter 1 of title 23, (3) by adding at the end the following: (c) STATE HABITAT, STREAMS, AND WET- United States Code, is amended by striking ‘‘(B) the publication entitled ‘Flexibility in LANDS MITIGATION FUNDS.—Section 155 of the item relating to section 155 and inserting Highway Design’ of the Federal Highway Ad- title 23, United States Code, is amended to the following: ministration; read as follows: ‘‘(C) ‘Eight Characteristics of Process to ‘‘§ 155. State habitat, streams, and wetlands ‘‘155. State habitat, streams, and wetlands Yield Excellence and the Seven Qualities of mitigation funds mitigation funds.’’. Excellence in Transportation Design’ devel- ‘‘(a) ESTABLISHMENT.—A State should es- CHAPTER 2—TRANSPORTATION PROJECT oped by the conference held during 1998 enti- tablish a habitat, streams, and wetlands DEVELOPMENT PROCESS tled ‘Thinking Beyond the Pavement Na- mitigation fund (referred to in this section SEC. 1511. TRANSPORTATION PROJECT DEVELOP- tional Workshop on Integrating Highway De- as a ‘State fund’). MENT PROCESS. velopment with Communities and the Envi- ‘‘(b) PURPOSE.—The purpose of a State fund (a) IN GENERAL.—Chapter 3 of title 23, ronment while Maintaining Safety and Per- is to encourage efforts for habitat, streams, United States Code (as amended by section formance’; and and wetlands mitigation in advance of or in 1203(a)), is amended by inserting after sec- ‘‘(D) any other material that the Secretary conjunction with highway or transit projects tion 325 the following: determines to be appropriate.’’. to— ‘‘§ 326. Transportation project development SEC. 1504. PUBLIC INVOLVEMENT IN TRANSPOR- ‘‘(1) ensure that the best habitat, streams, process TATION PLANNING AND PROJECTS. and wetland mitigation sites now available (a) METROPOLITAN PLANNING.— are used; and ‘‘(a) DEFINITIONS.—In this section: (1) PARTICIPATION BY INTERESTED PAR- ‘‘(2) accelerate transportation project de- ‘‘(1) AGENCY.—The term ‘agency’ means TIES.—Section 134(g)(5) of title 23, United livery by making high-quality habitat, any agency, department, or other unit of States Code (as redesignated by section streams, and wetland mitigation credits Federal, State, local, or federally recognized 1502(a)(1)), is amended— available when needed. tribal government. (A) by striking ‘‘Before approving’’ and in- ‘‘(c) FUNDS.—A State may deposit into a ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— serting the following: State fund part of the funds apportioned to The term ‘environmental impact statement’ ‘‘(A) IN GENERAL.—Before approving’’; and the State under— means a detailed statement of the environ- (B) by adding at the end the following: ‘‘(1) section 104(b)(1) for the National High- mental impacts of a project required to be ‘‘(B) METHODS.—In carrying out subpara- way System; and prepared under the National Environmental graph (A), the metropolitan planning organi- ‘‘(2) section 104(b)(3) for the surface trans- Policy Act of 1969 (42 U.S.C. 4321 et seq.). zation shall, to the maximum extent prac- portation program. ‘‘(3) ENVIRONMENTAL REVIEW PROCESS.— ticable— ‘‘(d) USE.— ‘‘(A) IN GENERAL.—The term ‘environ- ‘‘(i) hold any public meetings at conven- ‘‘(1) IN GENERAL.—Amounts deposited in a mental review process’ means the process for ient and accessible locations and times; State fund shall be used (in a manner con- preparing, for a project—

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‘‘(i) an environmental impact statement; ‘‘(d) ROLES AND RESPONSIBILITIES OF CO- ‘‘(A) IN GENERAL.—The lead agency shall or OPERATING AGENCIES.— establish a coordination plan, which may be ‘‘(ii) any other document or analysis re- ‘‘(1) IN GENERAL.—With respect to a incorporated into a memorandum of under- quired to be prepared under the National En- project, each Federal agency shall carry out standing, to coordinate agency and public vironmental Policy Act of 1969 (42 U.S.C. 4321 any obligations of the Federal agency in the participation in and comment on the envi- et seq.) environmental review process in accordance ronmental review process for a project or ‘‘(B) INCLUSIONS.—The term ‘environ- with this section and applicable Federal law. category of projects. mental review process’ includes the process ‘‘(2) INVITATION.— ‘‘(B) WORKPLAN.— for and completion of any environmental ‘‘(A) IN GENERAL.—The lead agency shall— ‘‘(i) IN GENERAL.—The lead agency shall de- permit, approval, review, or study required ‘‘(i) identify, as early as practicable in the velop, as part of the coordination plan, a for a project under any Federal law other environmental review process for a project, workplan for completing the collection, than the National Environmental Policy Act any other agencies that may have an inter- analysis, and evaluation of baseline data and of 1969 (42 U.S.C. 4321 et seq.). est in the project, including— future impacts modeling necessary to com- ‘‘(4) PROJECT.—The term ‘project’ means ‘‘(I) agencies with jurisdiction over envi- plete the environmental review process, in- any highway or transit project that requires ronmentally-related matters that may affect cluding any data, analyses, and modeling the approval of the Secretary. the project or may be required by law to con- necessary for related permits, approvals, re- ‘‘(5) PROJECT SPONSOR.—The term ‘project duct an environmental-related independent views, or studies required for the project sponsor’ means an agency or other entity review or analysis of the project or deter- under other laws. mine whether to issue an environmental-re- (including any private or public-private enti- ‘‘(ii) CONSULTATION.—In developing the lated permit, license, or approval for the ty), that seeks approval of the Secretary for workplan under clause (i), the lead agency project; and a project. shall consult with— ‘‘(II) agencies with special expertise rel- ‘‘(6) STATE TRANSPORTATION DEPARTMENT.— ‘‘(I) each cooperating agency for the evant to the project; The term ‘State transportation department’ project; ‘‘(ii) invite the agencies identified in means any statewide agency of a State with ‘‘(II) the State in which the project is lo- responsibility for transportation. clause (i) to become cooperating agencies in the environmental review process for that cated; and ‘‘(b) PROCESS.— project; and ‘‘(III) if the State is not the project spon- ‘‘(1) LEAD AGENCY.— ‘‘(iii) grant requests to become cooperating sor, the project sponsor. ‘‘(A) IN GENERAL.—The Department of agencies from agencies not originally in- ‘‘(C) SCHEDULE.— Transportation shall be the lead Federal vited. ‘‘(i) IN GENERAL.—The lead agency shall es- agency in the environmental review process ‘‘(B) RESPONSES.—The deadline for receipt tablish as part of the coordination plan, for a project. of a response from an agency that receives after consultation with each cooperating ‘‘(B) JOINT LEAD AGENCIES.—Nothing in this an invitation under subparagraph (A)(ii)— agency for the project and with the State in section precludes another agency from being ‘‘(i) shall be 30 days after the date of re- which the project is located (and, if the a joint lead agency in accordance with regu- ceipt by the agency of the invitation; but State is not the project sponsor, with the lations under the National Environmental ‘‘(ii) may be extended by the lead agency project sponsor), a schedule for completion Policy Act of 1969 (42 U.S.C. 4321 et seq.). for good cause. of the environmental review process for the ‘‘(C) CONCURRENCE OF PROJECT SPONSOR.— ‘‘(3) DECLINING OF INVITATIONS.—A Federal project. The lead agency may carry out the environ- agency that is invited by the lead agency to ‘‘(ii) FACTORS FOR CONSIDERATION.—In es- mental review process in accordance with participate in the environmental review tablishing the schedule, the lead agency this section only with the concurrence of the process for a project shall be designated as a shall consider factors such as— project sponsor. cooperating agency by the lead agency, un- ‘‘(I) the responsibilities of cooperating ‘‘(2) REQUEST FOR PROCESS.— less the invited agency informs the lead agencies under applicable laws; ‘‘(A) IN GENERAL.—A project sponsor may agency in writing, by the deadline specified ‘‘(II) resources available to the cooperating request that the lead agency carry out the in the invitation, that the invited agency— agencies; environmental review process for a project ‘‘(A) has no jurisdiction or authority with ‘‘(III) overall size and complexity of a or group of projects in accordance with this respect to the project; project; section. ‘‘(B) has no expertise or information rel- ‘‘(IV) the overall schedule for and cost of a ‘‘(B) GRANT OF REQUEST; PUBLIC NOTICE.— evant to the project; and project; and The lead agency shall— ‘‘(C) does not intend to submit comments ‘‘(V) the sensitivity of the natural and his- ‘‘(i) grant a request under subparagraph on the project. toric resources that could be affected by the (A); and ‘‘(4) EFFECT OF DESIGNATION.—Designation project. ‘‘(ii) provide public notice of the request. as a cooperating agency under this sub- ‘‘(D) CONSISTENCY WITH OTHER TIME PERI- ‘‘(3) EFFECTIVE DATE.—The environmental section shall not imply that the cooperating ODS.—A schedule under subparagraph (C) review process described in this section may agency— shall be consistent with any other relevant be applied to a project only after the date on ‘‘(A) supports a proposed project; or time periods established under Federal law. which public notice is provided under sub- ‘‘(B) has any jurisdiction over, or special ‘‘(E) MODIFICATION.—The lead agency paragraph (B)(ii). expertise with respect to evaluation of, the may— ‘‘(c) ROLES AND RESPONSIBILITY OF LEAD project. ‘‘(i) lengthen a schedule established under AGENCY.—With respect to the environmental ‘‘(5) DESIGNATIONS FOR CATEGORIES OF subparagraph (C) for good cause; and review process for any project, the lead agen- PROJECTS.— ‘‘(ii) shorten a schedule only with the con- cy shall have authority and responsibility ‘‘(A) IN GENERAL.—The Secretary may incurrence of the affected cooperating agen- to— vite other agencies to become cooperating cies. ‘‘(A) identify and invite cooperating agen- agencies for a category of projects. ‘‘(F) DISSEMINATION.—A copy of a schedule cies in accordance with subsection (d); ‘‘(B) DESIGNATION.—An agency may be des- under subparagraph (C), and of any modifica- ‘‘(B) develop an agency coordination plan ignated as a cooperating agency for a cat- tions to the schedule, shall be— with review, schedule, and timelines in ac- egory of projects only with the consent of ‘‘(i) provided to all cooperating agencies cordance with subsection (e); the agency. and to the State transportation department ‘‘(C) determine the purpose and need for ‘‘(6) CONCURRENT REVIEWS.—Each Federal of the State in which the project is located the project in accordance with subsection (f); agency shall, to the maximum extent prac- (and, if the State is not the project sponsor, ‘‘(D) determine the range of alternatives to ticable— to the project sponsor); and be considered in accordance with subsection ‘‘(A) carry out obligations of the Federal ‘‘(ii) made available to the public. (g); agency under other applicable law concur- ‘‘(2) COMMENTS AND TIMELINES.— ‘‘(E) convene dispute-avoidance and deci- rently, and in conjunction, with the review ‘‘(A) IN GENERAL.—A schedule established sion resolution meetings and related efforts required under the National Environmental under paragraph (1)(C) shall include— in accordance with subsection (h); Policy Act of 1969 (42 U.S.C. 4321 et seq.), un- ‘‘(i) opportunities for comment, deadline ‘‘(F) take such other actions as are nec- less doing so would impair the ability of the for receipt of any comments submitted, essary and proper, within the authority of Federal agency to carry out those obliga- deadline for lead agency response to com- the lead agency, to facilitate the expeditious tions; and ments; and resolution of the environmental review proc- ‘‘(B) formulate and implement administra- ‘‘(ii) except as otherwise provided under ess for the project; and tive, policy, and procedural mechanisms to paragraph (1)— ‘‘(G) prepare or ensure that any required enable the agency to ensure completion of ‘‘(I) an opportunity to comment by agen- environmental impact statement or other the environmental review process in a time- cies and the public on a draft or final envi- document required to be completed under ly, coordinated, and environmentally respon- ronmental impact statement for a period of the National Environmental Policy Act of sible manner. not more than 60 days longer than the min- 1969 (42 U.S.C. 4321 et seq.) is completed in ‘‘(e) DEVELOPMENT OF FLEXIBLE PROCESS imum period required under the National En- accordance with this section and applicable AND TIMELINE.— vironmental Policy Act of 1969 (42 U.S.C. 4321 Federal law. ‘‘(1) COORDINATION PLAN.— et seq.); and

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‘‘(II) for all other comment periods estab- ‘‘(5) SAVINGS.—Nothing in this subsection ‘‘(A) The overall size and complexity of the lished by the lead agency for agency or pub- preempts or interferes with any power, juris- proposed action. lic comments in the environmental review diction, responsibility, or authority of an ‘‘(B) The sensitivity of the potentially af- process, a period of not more than the longer agency under applicable law (including regu- fected resources. of— lations) with respect to a project. ‘‘(C) The overall schedule and cost of the ‘‘(aa) 30 days after the final day of the min- ‘‘(6) CONTENTS.— project. imum period required under Federal law (in- ‘‘(A) IN GENERAL.—The statement of pur- ‘‘(D) Transportation plans and related cluding regulations), if available; or pose and need shall include a clear statement planning documents developed through the ‘‘(bb) if a minimum period is not required of the objectives that the proposed project is statewide and metropolitan transportation under Federal law (including regulations), 30 intended to achieve. planning process under sections 134 and 135 days. ‘‘(B) EFFECT ON EXISTING STANDARDS.— of title 23 of the United States Code. ‘‘(B) EXTENSION OF COMMENT PERIODS.—The Nothing in this subsection shall alter exist- ‘‘(E) Land use plans adopted by units of lead agency may extend a period of comment ing standards for defining the purpose and State, local, or tribal government (or, in the established under this paragraph for good need of a project. case of Federal land, by the applicable Fed- cause. ‘‘(7) FACTORS TO CONSIDER.—The lead agen- eral land management agencies). ‘‘(C) LATE COMMENTS.—A comment con- cy may determine that any of the following ‘‘(F) Economic development plans adopted cerning a project submitted under this para- factors and documents are appropriate for by— graph after the date of termination of the consideration in determining the purpose of ‘‘(i) units of State, local, or tribal govern- applicable comment period or extension of a and need for a project: ment; or comment period shall not be eligible for con- ‘‘(A) Transportation plans and related ‘‘(ii) established economic development sideration by the lead agency unless the lead planning documents developed through the planning organizations or authorities. agency or project sponsor determines there statewide and metropolitan transportation ‘‘(G) environmental protection plans, in- was good cause for the delay or the lead planning process under sections 134 and 135. cluding plans for the protection or treatment agency is required to consider significant ‘‘(B) Land use plans adopted by units of of— new circumstances or information in accord- State, local, or tribal government (or, in the ‘‘(i) air quality; ance with sections 1501.7 and 1502.9 of title 40, case of Federal land, by the applicable Fed- ‘‘(ii) water quality and runoff; Code of Federal Regulations. eral land management agencies). ‘‘(iii) habitat needs of plants and animals; ‘‘(D) DEADLINES FOR DECISIONS UNDER ‘‘(C) Economic development plans adopted ‘‘(iv) threatened and endangered species; OTHER LAWS.—In any case in which a decision by— ‘‘(v) invasive species; under any Federal law relating to a project ‘‘(i) units of State, local, or tribal govern- ‘‘(vi) historic properties; and (including the issuance or denial of a permit ment; or ‘‘(vii) other environmental resources. or license) is required to be made by the ‘‘(ii) established economic development ‘‘(H) Any publicly available plans or poli- later of the date that is 180 days after the planning organizations or authorities. cies relating to the national defense, na- date on which the Secretary made all final ‘‘(D) Environmental protection plans, in- tional security, or foreign policy of the decisions of the lead agency with respect to cluding plans for the protection or treatment United States. ‘‘(h) PROMPT ISSUE IDENTIFICATION AND the project, or 180 days after the date on of— ‘‘(i) air quality; RESOLUTION PROCESS.— which an application was submitted for the ‘‘(ii) water quality and runoff; ‘‘(1) IN GENERAL.—The lead agency, the permit or license, the Secretary shall submit ‘‘(iii) habitat needs of plants and animals; project sponsor, and the cooperating agen- to the Committee on Environment and Pub- ‘‘(iv) threatened and endangered species; cies shall work cooperatively, in accordance lic Works of the Senate and the Committee ‘‘(v) invasive species; with this section, to identify and resolve on Transportation and Infrastructure of the ‘‘(vi) historic properties; and issues that could— House of Representatives— ‘‘(vii) other environmental resources. ‘‘(A) delay completion of the environ- ‘‘(i) as soon as practicable after the 180-day ‘‘(E) Any publicly available plans or poli- mental review process; or period, an initial notice of the failure of the cies relating to the national defense, na- ‘‘(B) result in denial of any approvals re- Federal agency to make the decision; and tional security, or foreign policy of the quired for the project under applicable laws. ‘‘(ii) every 60 days thereafter until such United States. ‘‘(2) LEAD AGENCY RESPONSIBILITIES.— date as all decisions of the Federal agency ‘‘(g) DEVELOPMENT OF PROJECT ALTER- ‘‘(A) IN GENERAL.—The lead agency, with relating to the project have been made by NATIVES.— the assistance of the project sponsor, shall the Federal agency, an additional notice ‘‘(1) IN GENERAL.—With respect to the envi- make information available to the cooper- that describes the number of decisions of the ronmental review process for a project, the ating agencies, as early as practicable in the Federal agency that remain outstanding as alternatives shall be determined in accord- environmental review process, regarding— of the date of the additional notice. ance with this subsection. ‘‘(i) the environmental and socioeconomic ‘‘(3) INVOLVEMENT OF THE PUBLIC.—Nothing ‘‘(2) AUTHORITY.—The lead agency shall de- resources located within the project area; in this subsection shall reduce any time pe- termine the alternatives to be considered for and riod provided for public comment in the en- a project. ‘‘(ii) the general locations of the alter- vironmental review process under existing ‘‘(3) INVOLVEMENT OF COOPERATING AGEN- natives under consideration. Federal law (including a regulation). CIES AND THE PUBLIC.— ‘‘(B) BASIS FOR INFORMATION.—Information ‘‘(f) DEVELOPMENT OF PROJECT PURPOSE ‘‘(A) IN GENERAL.—Before determining the about resources in the project area may be AND NEED STATEMENT.— alternatives for a project, the lead agency based on existing data sources, including ge- ‘‘(1) IN GENERAL.—With respect to the envi- shall solicit for 30 days and consider any rel- ographic information systems mapping. ronmental review process for a project, the evant comments on the proposed alter- ‘‘(3) COOPERATING AGENCY RESPONSIBIL- purpose and need for the project shall be de- natives received from the public and cooper- ITIES.— fined in accordance with this subsection. ating agencies. ‘‘(A) IN GENERAL.—Based on information ‘‘(2) AUTHORITY.—The lead agency shall de- ‘‘(B) ALTERNATIVES.—The lead agency shall received from the lead agency, cooperating fine the purpose and need for a project, in- consider— agencies shall promptly identify to the lead cluding the transportation objectives and ‘‘(i) alternatives that meet the purpose and agency any major issues of concern regard- any other objectives intended to be achieved need of the project; and ing the potential environmental or socio- by the project. ‘‘(ii) the alternative of no action. economic impacts of a project. ‘‘(3) INVOLVEMENT OF COOPERATING AGEN- ‘‘(C) EFFECT ON EXISTING STANDARDS.— ‘‘(B) MAJOR ISSUES OF CONCERN.—A major CIES AND THE PUBLIC.—Before determining Nothing in this subsection shall alter the ex- issue of concern referred to in subparagraph the purpose and need for a project, the lead isting standards for determining the range of (A) may include any issue that could sub- agency shall solicit for 30 days, and consider, alternatives. stantially delay or prevent an agency from any relevant comments on the draft state- ‘‘(4) EFFECT ON OTHER REVIEWS.—Any other granting a permit or other approval that is ment of purpose and need for a proposed agency acting under or applying Federal law needed for a project, as determined by a co- project received from the public and cooper- with respect to a project shall consider only operating agency. ating agencies. the alternatives determined by the lead ‘‘(4) ISSUE RESOLUTION.—On identification ‘‘(4) EFFECT ON OTHER REVIEWS.—For the agency. of a major issue of concern under paragraph purpose of compliance with the National En- ‘‘(5) SAVINGS.—Nothing in this subsection (3), or at any time upon the request of a vironmental Policy Act of 1969 (42 U.S.C. 4321 preempts or interferes with any power, juris- project sponsor or the Governor of a State, et seq.) and any other law requiring an agen- diction, responsibility, or authority of an the lead agency shall promptly convene a cy that is not the lead agency to determine agency under applicable law (including regu- meeting with representatives of each of the or consider a project purpose or project need, lations) with respect to a project. relevant cooperating agencies, the project such an agency acting, permitting, or ap- ‘‘(6) FACTORS TO CONSIDER.—The lead agen- sponsor, and the Governor to address and re- proving under, or otherwise applying, Fed- cy may determine that any of the following solve the issue. eral law with respect to a project shall adopt factors and documents are appropriate for ‘‘(5) NOTIFICATION.—If a resolution of a the determination of purpose and need for consideration in determining the alter- major issue of concern under paragraph (4) the project made by the lead agency. natives for a project: cannot be achieved by the date that is 30

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4675 days after the date on which a meeting under ‘‘326. Transportation project development shall consent to accept the jurisdiction of that paragraph is convened, the lead agency process.’’. the Federal courts for the compliance, dis- shall provide notification of the failure to re- (2) Section 1309 of the Transportation Eq- charge, and enforcement of any responsi- solve the major issue of concern to— uity Act for the 21st Century (112 Stat. 232) bility of the Secretary that the State as- ‘‘(A) the heads of all cooperating agencies; is repealed. sumes. ‘‘(B) the project sponsor; (c) EXISTING ENVIRONMENTAL REVIEW PROC- ‘‘(4) MONITORING.—The Secretary shall— ‘‘(C) the Governor involved; ESS.—Nothing in this section affects any ex- ‘‘(A) monitor compliance by the State with ‘‘(D) the Committee on Environment and isting State environmental review process, the memorandum of understanding and the Public Works of the Senate; program, agreement, or funding arrangement provision by the State of financial resources ‘‘(E) the Committee on Transportation and approved by the Secretary under section 1309 to carry out the memorandum of under- Infrastructure of the House of Representa- of the Transportation Equity Act for the 21st standing; and tives; and Century (112 Stat. 232; 23 U.S.C. 109 note). ‘‘(B) take into account the performance by ‘‘(F) the Council on Environmental Qual- SEC. 1512. ASSUMPTION OF RESPONSIBILITY FOR the State when considering renewal of the ity. CATEGORICAL EXCLUSIONS. memorandum of understanding. ‘‘(i) PERFORMANCE MEASUREMENT.— (a) IN GENERAL.—Chapter 3 of title 23, ‘‘(d) TERMINATION.—The Secretary may ‘‘(1) PROGRESS REPORTS.—The Secretary United States Code (as amended by section terminate any assumption of responsibility shall establish a program to measure and re- 1511(a)), is amended by inserting after sec- under a memorandum of understanding on a port on progress toward improving and expe- tion 326 the following: determination that the State is not ade- diting the planning and environmental re- ‘‘§ 327. Assumption of responsibility for cat- quately carrying out the responsibilities as- view process. egorical exclusions signed to the State. INIMUM REQUIREMENTS ‘‘(2) M .—The program ‘‘(a) CATEGORICAL EXCLUSION DETERMINA- ‘‘(e) STATE AGENCY DEEMED TO BE FEDERAL shall include, at a minimum— TIONS.— AGENCY.—A State agency that is assigned a ‘‘(A) the establishment of criteria for ‘‘(1) IN GENERAL.—The Secretary may as- responsibility under a memorandum of un- measuring consideration of— sign, and a State may assume, responsibility derstanding shall be deemed to be a Federal ‘‘(i) State and metropolitan planning, for determining whether certain designated agency for the purposes of the Federal law project planning, and design criteria; and activities are included within classes of ac- under which the responsibility is exercised.’’. ‘‘(ii) environmental processing times and tion identified in regulation by the Sec- (b) CONFORMING AMENDMENT.—The analysis costs; retary that are categorically excluded from for chapter 3 of title 23, United States Code ‘‘(B) the collection of data to assess per- requirements for environmental assessments (as amended by section 1511(b)), is amended formance based on the established criteria; or environmental impact statements pursu- by inserting after the item relating to sec- and ant to regulations promulgated by the Coun- tion 326 the following: ‘‘(C) the annual reporting of the results of cil on Environmental Quality under part 1500 ‘‘327. Assumption of responsibility for cat- the performance measurement studies. of title 40, Code of Federal Regulations (as in egorical exclusions.’’. ‘‘(3) INVOLVEMENT OF THE PUBLIC AND CO- effect on October 1, 2003). SEC. 1513. SURFACE TRANSPORTATION PROJECT OPERATING AGENCIES.— ‘‘(2) SCOPE OF AUTHORITY.—A determina- DELIVERY PILOT PROGRAM. ‘‘(A) IN GENERAL.—The Secretary shall bi- tion described in paragraph (1) shall be made ennially conduct a survey of agencies par- (a) IN GENERAL.—Chapter 3 of title 23, by a State in accordance with criteria estab- United States Code (as amended by section ticipating in the environmental review proc- lished by the Secretary and only for types of ess under this section to assess the expecta- 1512(a)), is amended by inserting after sec- activities specifically designated by the Sec- tion 327 the following: tions and experiences of each surveyed agen- retary. ‘‘§ 328. Surface transportation project deliv- cy with regard to the planning and environ- ‘‘(3) CRITERIA.—The criteria under para- mental review process for projects reviewed graph (2) shall include provisions for public ery pilot program under this section. availability of information consistent with ‘‘(a) ESTABLISHMENT.— ‘‘(B) PUBLIC PARTICIPATION.—In conducting section 552 of title 5 and the National Envi- ‘‘(1) IN GENERAL.—The Secretary shall the survey, the Secretary shall solicit com- ronmental Policy Act of 1969 (42 U.S.C. 4321 carry out a surface transportation project ments from the public. et seq.). delivery pilot program (referred to in this ‘‘(j) ASSISTANCE TO AFFECTED FEDERAL AND ‘‘(b) OTHER APPLICABLE FEDERAL LAWS.— section as the ‘program’). STATE AGENCIES.— ‘‘(1) IN GENERAL.—If a State assumes re- ‘‘(2) ASSUMPTION OF RESPONSIBILITY.— ‘‘(1) IN GENERAL.—The Secretary may ap- sponsibility under subsection (a), the Sec- ‘‘(A) IN GENERAL.—Subject to the other prove a request by a State or recipient to retary may also assign and the State may provisions of this section, with the written provide funds made available under this title assume all or part of the responsibilities of agreement of the Secretary and a State, for a highway project, or made available the Secretary for environmental review, con- which may be in the form of a memorandum under chapter 53 of title 49 for a mass transit sultation, or other related actions required of understanding, the Secretary may assign, project, to agencies participating in the co- under any Federal law applicable to activi- and the State may assume, the responsibil- ordinated environmental review process es- ties that are classified by the Secretary as ities of the Secretary with respect to 1 or tablished under this section in order to pro- categorical exclusions, with the exception of more highway projects within the State vide the resources necessary to meet any government-to-government consultation under the National Environmental Policy time limits established under this section. with Indian tribes, subject to the same pro- Act of 1969 (42 U.S.C. 4321 et seq.). ‘‘(2) AMOUNTS.—Such requests under para- cedural and substantive requirements as ‘‘(B) ADDITIONAL RESPONSIBILITY.—If a graph (1) shall be approved only— would be required if that responsibility were State assumes responsibility under subpara- ‘‘(A) for such additional amounts as the carried out by the Secretary. graph (A)— Secretary determines are necessary for the ‘‘(2) SOLE RESPONSIBILITY.—A State that ‘‘(i) the Secretary may assign to the State, affected Federal and State agencies to meet assumes responsibility under paragraph (1) and the State may assume, all or part of the the time limits for environmental review; with respect to a Federal law shall be solely responsibilities of the Secretary for environ- and responsible and solely liable for complying mental review, consultation, or other action ‘‘(B) if those time limits are less than the with and carrying out that law, and the Sec- required under any Federal environmental customary time necessary for that review. retary shall have no such responsibility or li- law pertaining to the review or approval of a ‘‘(k) JUDICIAL REVIEW AND SAVINGS ability. specific project; but CLAUSE.— ‘‘(c) MEMORANDA OF UNDERSTANDING.— ‘‘(ii) the Secretary may not assign— ‘‘(1) JUDICIAL REVIEW.—Nothing in this sec- ‘‘(1) IN GENERAL.—The Secretary and the ‘‘(I) responsibility for any conformity de- tion shall affect the reviewability of any State, after providing public notice and op- termination required under section 176 of the final Federal agency action in any United portunity for comment, shall enter into a Clean Air Act (42 U.S.C. 7506); or States district court or State court. memorandum of understanding setting forth ‘‘(II) any responsibility imposed on the ‘‘(2) SAVINGS CLAUSE.—Nothing in this sec- the responsibilities to be assigned under this Secretary by section 134 or 135. tion shall affect— section and the terms and conditions under ‘‘(C) PROCEDURAL AND SUBSTANTIVE RE- ‘‘(A) the applicability of the National Envi- which the assignments are made, including QUIREMENTS.—A State shall assume responsi- ronmental Policy Act of 1969 (42 U.S.C. 4321 establishment of the circumstances under bility under this section subject to the same et seq.) or any other Federal environmental which the Secretary would reassume respon- procedural and substantive requirements as statute; or sibility for categorical exclusion determina- would apply if that responsibility were car- ‘‘(B) the responsibility of any Federal offi- tions. ried out by the Secretary. cer to comply with or enforce such a stat- ‘‘(2) TERM.—A memorandum of under- ‘‘(D) FEDERAL RESPONSIBILITY.—Any re- ute.’’. standing— sponsibility of the Secretary not explicitly (b) CONFORMING AMENDMENTS.— ‘‘(A) shall have term of not more than 3 assumed by the State by written agreement (1) The analysis for chapter 3 of title 23, years; and under this section shall remain the responsi- United States Code, is amended by inserting ‘‘(B) shall be renewable. bility of the Secretary. after the item relating to section 325 (as ‘‘(3) ACCEPTANCE OF JURISDICTION.—In a ‘‘(E) NO EFFECT ON AUTHORITY.—Nothing in added by section 1203(f)) the following: memorandum of understanding, the State this section preempts or interferes with any

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4676 CONGRESSIONAL RECORD — SENATE May 9, 2005 power, jurisdiction, responsibility, or au- ment under those State laws is reviewable by SEC. 1514. PARKS, RECREATION AREAS, WILDLIFE thority of an agency, other than the Depart- a court of competent jurisdiction; and AND WATERFOWL REFUGES, AND ment of Transportation, under applicable ‘‘(D) agrees to maintain the financial re- HISTORIC SITES. law (including regulations) with respect to a sources necessary to carry out the respon- (a) PROGRAMS AND PROJECTS WITH DE MINI- project. sibilities being assumed. MIS IMPACTS.— (1) TITLE 23.—Section 138 of title 23, United ‘‘(b) STATE PARTICIPATION.— ‘‘(d) JURISDICTION.— States Code, is amended— ‘‘(1) NUMBER OF PARTICIPATING STATES.— ‘‘(1) IN GENERAL.—The United States dis- (A) in the first sentence, by striking ‘‘It is The Secretary may permit not more than 5 trict courts shall have exclusive jurisdiction over any civil action against a State for fail- hereby’’ and inserting the following: States (including the State of Oklahoma) to ‘‘(a) DECLARATION OF POLICY.—It is’’; and ure to carry out any responsibility of the participate in the program. (B) by adding at the end the following: State under this section. ‘‘(2) APPLICATION.—Not later than 270 days ‘‘(b) DE MINIMIS IMPACTS.— ‘‘(2) LEGAL STANDARDS AND REQUIRE- after the date of enactment of this section, ‘‘(1) REQUIREMENTS.— MENTS.—A civil action under paragraph (1) the Secretary shall promulgate regulations ‘‘(A) IN GENERAL.—The requirements of that establish requirements relating to in- shall be governed by the legal standards and this section shall be considered to be satis- formation required to be contained in any requirements that would apply in such a fied with respect to an area described in application of a State to participate in the civil action against the Secretary had the paragraph (2) or (3) if the Secretary deter- program, including, at a minimum— Secretary taken the actions in question. mines, in accordance with this subsection, ‘‘(A) the projects or classes of projects for ‘‘(3) INTERVENTION.—The Secretary shall that a transportation program or project which the State anticipates exercising the have the right to intervene in any action de- will have a de minimis impact on the area. scribed in paragraph (1). authority that may be granted under the ‘‘(B) CRITERIA.—In making any determina- program; ‘‘(e) EFFECT OF ASSUMPTION OF RESPONSI- tion under this subsection, the Secretary ‘‘(B) verification of the financial resources BILITY.—A State that assumes responsibility shall consider to be part of a transportation necessary to carry out the authority that under subsection (a)(2) shall be solely re- program or project any avoidance, minimiza- may be granted under the program; and sponsible and solely liable for carrying out, tion, mitigation, or enhancement measures ‘‘(C) evidence of the notice and solicitation in lieu of the Secretary, the responsibilities that are required to be implemented as a of public comment by the State relating to assumed under subsection (a)(2), until the condition of approval of the transportation participation of the State in the program, in- program is terminated as provided in sub- program or project. section (i). cluding copies of comments received from ‘‘(2) HISTORIC SITES.—With respect to his- that solicitation. ‘‘(f) LIMITATIONS ON AGREEMENTS.—Nothing toric sites, the Secretary may make a find- ‘‘(3) PUBLIC NOTICE.— in this section permits a State to assume ing of de minimis impact only if— ‘‘(A) IN GENERAL.—Each State that submits any rulemaking authority of the Secretary ‘‘(A) the Secretary has determined, in ac- an application under this subsection shall under any Federal law. cordance with the consultation process re- give notice of the intent of the State to par- ‘‘(g) AUDITS.— quired under section 106 of the National His- ticipate in the program not later than 30 ‘‘(1) IN GENERAL.—To ensure compliance by toric Preservation Act (16 U.S.C. 470f), that— days before the date of submission of the ap- a State with any agreement of the State ‘‘(i) the transportation program or project plication. under subsection (c)(1) (including compliance will have no adverse effect on the historic ‘‘(B) METHOD OF NOTICE AND SOLICITATION.— by the State with all Federal laws for which site; or The State shall provide notice and solicit responsibility is assumed under subsection ‘‘(ii) there will be no historic properties af- public comment under this paragraph by (a)(2)), for each State participating in the fected by the transportation program or publishing the complete application of the program under this section, the Secretary project; State in accordance with the appropriate shall conduct— ‘‘(B) the finding of the Secretary has republic notice law of the State. ‘‘(A) semiannual audits during each of the ceived written concurrence from the applica- ‘‘(4) SELECTION CRITERIA.—The Secretary first 2 years of State participation; and ble State historic preservation officer or may approve the application of a State under ‘‘(B) annual audits during each subsequent tribal historic preservation officer (and from this section only if— year of State participation. the Advisory Council on Historic Preserva- ‘‘(A) the regulatory requirements under ‘‘(2) PUBLIC AVAILABILITY AND COMMENT.— tion, if participating in the consultation); paragraph (2) have been met; ‘‘(A) IN GENERAL.—An audit conducted and ‘‘(B) the Secretary determines that the under paragraph (1) shall be provided to the ‘‘(C) the finding of the Secretary has been State has the capability, including financial public for comment. developed in consultation with parties con- and personnel, to assume the responsibility; ‘‘(B) RESPONSE.—Not later than 60 days sulting as part of the process referred to in and after the date on which the period for public subparagraph (A). comment ends, the Secretary shall respond ‘‘(C) the head of the State agency having ‘‘(3) PARKS, RECREATION AREAS, AND WILD- to public comments received under subpara- primary jurisdiction over highway matters LIFE AND WATERFOWL REFUGES.—With respect enters into a written agreement with the graph (A). to parks, recreation areas, and wildlife or Secretary described in subsection (c). ‘‘(h) REPORT TO CONGRESS.—The Secretary waterfowl refuges, the Secretary may make ‘‘(5) OTHER FEDERAL AGENCY VIEWS.—If a shall submit to Congress an annual report a finding of de minimis impact only if— State applies to assume a responsibility of that describes the administration of the pro- ‘‘(A) the Secretary has determined, in ac- the Secretary that would have required the gram. cordance with the National Environmental Secretary to consult with another Federal ‘‘(i) TERMINATION.— Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in- agency, the Secretary shall solicit the views ‘‘(1) IN GENERAL.—Except as provided in cluding public notice and opportunity for of the Federal agency before approving the paragraph (2), the program shall terminate public review and comment), that the trans- application. on the date that is 6 years after the date of portation program or project will not ad- ‘‘(c) WRITTEN AGREEMENT.—A written enactment of this section. versely affect the activities, features, and at- agreement under this section shall— ‘‘(2) TERMINATION BY SECRETARY.—The Sec- tributes of the park, recreation area, or wild- ‘‘(1) be executed by the Governor or the retary may terminate the participation of life or waterfowl refuge eligible for protec- top-ranking transportation official in the any State in the program if— tion under this section; and State who is charged with responsibility for ‘‘(A) the Secretary determines that the ‘‘(B) the finding of the Secretary has re- highway construction; State is not adequately carrying out the received concurrence from the officials with ‘‘(2) be in such form as the Secretary may sponsibilities assigned to the State; jurisdiction over the park, recreation area, prescribe; ‘‘(B) the Secretary provides to the State— or wildlife or waterfowl refuge.’’. ‘‘(3) provide that the State— ‘‘(i) notification of the determination of (b) CLARIFICATION OF EXISTING STAND- ‘‘(A) agrees to assume all or part of the re- noncompliance; and ARDS.— sponsibilities of the Secretary described in ‘‘(ii) a period of at least 30 days during (1) IN GENERAL.—Not later than 1 year after subsection (a); which to take such corrective action as the the date of enactment of this Act, the Sec- ‘‘(B) expressly consents, on behalf of the Secretary determines is necessary to comply retary shall (in consultation with affected State, to accept the jurisdiction of the Fed- with the applicable agreement; and agencies and interested parties) promulgate eral courts for the compliance, discharge, ‘‘(C) the State, after the notification and regulations that clarify the factors to be and enforcement of any responsibility of the period provided under subparagraph (B), fails considered and the standards to be applied in Secretary assumed by the State; to take satisfactory corrective action, as de- determining the prudence and feasibility of ‘‘(C) certifies that State laws (including termined by Secretary.’’. alternatives under section 138 of title 23 and regulations) are in effect that— (b) CONFORMING AMENDMENT.—The analysis section 303 of title 49, United States Code. ‘‘(i) authorize the State to take the actions for chapter 3 of title 23, United States Code (2) REQUIREMENTS.—The regulations— necessary to carry out the responsibilities (as amended by section 1512(b)), is amended (A) shall clarify the application of the being assumed; and by inserting after the item relating to sec- legal standards to a variety of different ‘‘(ii) are comparable to section 552 of title tion 327 the following: types of transportation programs and 5, including providing that any decision re- ‘‘328. Surface transportation project delivery projects depending on the circumstances of garding the public availability of a docu- pilot program.’’. each case; and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4677 (B) may include, as appropriate, examples ‘‘(ii) there is an imminent threat of devel- ‘‘(ii) incorporation of work zone safety into to facilitate clear and consistent interpreta- opment or redevelopment of the property; planning; and tion by agency decisionmakers. and ‘‘(iii) training in the development of data (c) IMPLEMENTATION STUDY.— ‘‘(iii) the property is necessary for the im- systems relating to highway safety; (1) IN GENERAL.—The Secretary shall— plementation of the goals stated in the pro- ‘‘(D) operations planning, including— (A) conduct a study on the implementation posal for the project. ‘‘(i) developing training of the integration of this section and the amendments made by ‘‘(3) APPLICABLE LAW.—An acquisition of of transportation system operations and this section; and real property under this section shall be con- management into the transportation plan- (B) commission an independent review of sidered to be an exempt project under sec- ning process; and the study plan and methodology, and any as- tion 176 of the Clean Air Act (42 U.S.C. 7506). ‘‘(ii) training and best practices relating to sociated conclusions, by the Transportation ‘‘(4) ENVIRONMENTAL REVIEW.— regional concepts of operations; Research Board of the National Academy of ‘‘(A) IN GENERAL.—A project proposed to be ‘‘(E) freight planning, including— Sciences. conducted under this title shall not be con- ‘‘(i) modeling of freight at a regional and (2) COMPONENTS.—In conducting the study, ducted on property acquired under paragraph statewide level; and the Secretary shall evaluate— (1) until all required environmental reviews ‘‘(ii) techniques for engaging the freight (A) the processes developed under this sec- for the project have been completed. community with the planning process; tion and the amendments made by this sec- ‘‘(B) EFFECT ON CONSIDERATION OF PROJECT ‘‘(F) air quality planning, including— tion and the efficiencies that may result; ALTERNATIVES.—The number of critical ac- ‘‘(i) assisting new and existing nonattain- (B) the post-construction effectiveness of quisitions of real property associated with a ment and maintenance areas in developing impact mitigation and avoidance commit- project shall not affect the consideration of the technical capacity to perform air quality ments adopted as part of projects conducted project alternatives during the environ- conformity analysis; under this section and the amendments made mental review process. ‘‘(ii) providing training on areas such as by this section; and ‘‘(5) PROCEEDS FROM THE SALE OR LEASE OF modeling and data collection to support air (C) the quantity of projects with impacts REAL PROPERTY.—Section 156(c) shall not quality planning and analysis; that are considered de minimis under this apply to the sale, use, or lease of any real ‘‘(iii) developing concepts and techniques section and the amendments made by this property acquired under paragraph (1).’’. to assist areas in meeting air quality per- section, including information on the loca- SEC. 1522. PLANNING CAPACITY BUILDING INI- formance timeframes; and tion, size, and cost of the projects. TIATIVE. ‘‘(iv) developing materials to explain air (3) REPORT REQUIREMENT.—The Secretary Section 104 of title 23, United States Code, quality issues to decisionmakers and the shall prepare— is amended by adding at the end the fol- public; and (A) not earlier than the date that is 3 years lowing: ‘‘(G) integration of environment and plan- after the date of enactment of this Act, a re- ‘‘(m) PLANNING CAPACITY BUILDING INITIA- ning. port on the results of the study conducted TIVE.— ‘‘(3) USE OF FUNDS.—The Secretary shall under this subsection; and ‘‘(1) IN GENERAL.—The Secretary shall use amounts made available under paragraph (B) not later than March 1, 2010, an update carry out a planning capacity building ini- (4) to make grants to, or enter into con- on the report required under subparagraph tiative to support enhancements in transpor- tracts, cooperative agreements, and other (A). tation planning to— transactions with, a Federal agency, State (4) REPORT RECIPIENTS.—The Secretary ‘‘(A) strengthen the processes and products agency, local agency, federally recognized shall— of metropolitan and statewide transpor- Indian tribal government or tribal consor- (A) submit the report, review of the report, tation planning under this title; tium, authority, association, nonprofit or and update required under paragraph (3) to— ‘‘(B) enhance tribal capacity to conduct for-profit corporation, or institution of high- (i) the appropriate committees of Congress; joint transportation planning under chapter er education for research, program develop- (ii) the Secretary of the Interior; and 2; ment, information collection and dissemina- (iii) the Advisory Council on Historic Pres- ‘‘(C) participate in the metropolitan and tion, and technical assistance. ervation; and statewide transportation planning programs ‘‘(4) SET-ASIDE.— (B) make the report and update available under this title; and ‘‘(A) IN GENERAL.—On October 1 of each fis- to the public. ‘‘(D) increase the knowledge and skill level cal year, of the funds made available under SEC. 1515. REGULATIONS. of participants in metropolitan and state- subsection (a), the Secretary shall set aside Except as provided in section 1513, not wide transportation. $3,754,515 to carry out this subsection. later than 1 year after the date of enactment ‘‘(2) PRIORITY.—The Secretary shall give ‘‘(B) FEDERAL SHARE.—The Federal share of of this Act, the Secretary shall promulgate priority to planning practices and processes the cost of an activity carried out using regulations necessary to implement the that support— funds made available under subparagraph (A) amendments made by chapter 1 and this ‘‘(A) the transportation elements of home- shall be 100 percent. chapter. land security planning, including— ‘‘(C) AVAILABILITY.—Funds made available CHAPTER 3—MISCELLANEOUS ‘‘(i) training and best practices relating to under subparagraph (A) shall remain available until expended.’’. SEC. 1521. CRITICAL REAL PROPERTY ACQUISI- emergency evacuation; TION. ‘‘(ii) developing materials to assist areas in SEC. 1523. INTERMODAL PASSENGER FACILITIES. Section 108 of title 23, United States Code, coordinating emergency management and (a) IN GENERAL.—Chapter 55 of title 49, is amended by adding at the end the fol- transportation officials; and United States Code, is amended by adding at lowing: ‘‘(iii) developing training on how planning the end the following: ‘‘(d) CRITICAL REAL PROPERTY ACQUISI- organizations may examine security issues; ‘‘SUBCHAPTER III—INTERMODAL TION.— ‘‘(B) performance-based planning, includ- PASSENGER FACILITIES ‘‘(1) IN GENERAL.—Subject to paragraph (2), ing— § 5571. Policy and purposes funds apportioned to a State under this title ‘‘(i) data and data analysis technologies to ‘‘(a) DEVELOPMENT AND ENHANCEMENT OF may be used to pay the costs of acquiring be shared with States, metropolitan plan- INTERMODAL PASSENGER FACILITIES.—It is in any real property that is determined to be ning organizations, local governments, and the economic interest of the United States critical under paragraph (2) for a project pro- nongovernmental organizations that— to improve the efficiency of public surface posed for funding under this title. ‘‘(I) participate in transportation planning; transportation modes by ensuring their con- ‘‘(2) REIMBURSEMENT.—The Federal share ‘‘(II) use the data and data analysis to en- nection with and access to intermodal pas- of the costs referred to in paragraph (1) shall gage in metropolitan, tribal, or statewide senger terminals, thereby streamlining the be eligible for reimbursement out of funds transportation planning; transfer of passengers among modes, enhanc- apportioned to a State under this title if, be- ‘‘(III) involve the public in the developing travel options, and increasing passenger fore the date of acquisition— ment of transportation plans, projects, and transportation operating efficiencies. ‘‘(A) the Secretary determines that the alternative scenarios; and ‘‘(b) GENERAL PURPOSES.—The purposes of property is offered for sale on the open mar- ‘‘(IV) develop strategies to avoid, mini- this subchapter are to accelerate intermodal ket; mize, and mitigate the impacts of transpor- integration among North America’s pas- ‘‘(B) the Secretary determines that in ac- tation facilities and projects; and senger transportation modes through— quiring the property, the State will comply ‘‘(ii) improvement of the quality of conges- ‘‘(1) ensuring intercity public transpor- with the Uniform Relocation Assistance and tion management systems, including the de- tation access to intermodal passenger facili- Real Property Acquisition Policies Act of velopment of— ties; 1970 (42 U.S.C. 4601 et seq.); and ‘‘(I) a measure of congestion; ‘‘(2) encouraging the development of an in- ‘‘(C) the State determines that immediate ‘‘(II) a measure of transportation system tegrated system of public transportation in- acquisition of the property is critical be- reliability; and formation; and cause— ‘‘(III) a measure of induced demand; ‘‘(3) providing intercity bus intermodal ‘‘(i) based on an appraisal of the property, ‘‘(C) safety planning, including— passenger facility grants. the value of the property is increasing sig- ‘‘(i) development of State strategic safety § 5572. Definitions nificantly; plans consistent with section 148; ‘‘In this subchapter—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4678 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(1) ‘capital project’ means a project for— those passenger facilities seeking funding ‘‘§ 165. Eligibility for environmental restora- ‘‘(A) acquiring, constructing, improving, or under section 5574. tion and pollution abatement renovating an intermodal facility that is re- ‘‘§ 5574. Intercity bus intermodal passenger ‘‘(a) IN GENERAL.—Subject to subsection lated physically and functionally to inter- facility grants (b), environmental restoration and pollution city bus service and establishes or enhances abatement to minimize or mitigate the im- coordination between intercity bus service ‘‘(a) GENERAL AUTHORITY.—The Secretary pacts of any transportation project funded and transportation, including aviation, com- of Transportation may make grants under under this title (including retrofitting and muter rail, intercity rail, public transpor- this section to recipients in financing a cap- construction of storm water treatment sys- tation, seaports, and the National Highway ital project only if the Secretary finds that tems to meet Federal and State require- System, such as physical infrastructure as- the proposed project is justified and has ade- ments under sections 401 and 402 of the Fed- sociated with private bus operations at exist- quate financial commitment. eral Water Pollution Control Act (33 U.S.C. ing and new intermodal facilities, including ‘‘(b) COMPETITIVE GRANT SELECTION.—The 1341, 1342)) may be carried out to address special lanes, curb cuts, ticket kiosks and Secretary shall conduct a national solicita- water pollution or environmental degrada- counters, baggage and package express stor- tion for applications for grants under this tion caused wholly or partially by a trans- age, employee parking, office space, secu- section. Grantees shall be selected on a com- portation facility. rity, and signage; and petitive basis. ‘‘(B) establishing or enhancing coordina- ‘‘(c) SHARE OF NET PROJECT COSTS.—A ‘‘(b) MAXIMUM EXPENDITURE.—In a case in tion between intercity bus service and trans- grant shall not exceed 50 percent of the net which a transportation facility is undergoing portation, including aviation, commuter project cost, as determined by the Secretary. reconstruction, rehabilitation, resurfacing, rail, intercity rail, public transportation, ‘‘(d) REGULATIONS.—The Secretary may or restoration, the expenditure of funds and the National Highway System through promulgate such regulations as are nec- under this section for environmental restora- an integrated system of public transpor- essary to carry out this section. tion or pollution abatement described in sub- tation information. ‘‘§ 5575. Funding section (a) shall not exceed 20 percent of the total cost of the reconstruction, rehabilita- ‘‘(2) ‘commuter service’ means service de- ‘‘(a) HIGHWAY ACCOUNT.— signed primarily to provide daily work trips ‘‘(1) There is authorized to be appropriated tion, resurfacing, or restoration of the facil- within the local commuting area. from the Highway Trust Fund (other than ity. ‘‘(3) ‘intercity bus service’ means regularly the Mass Transit Account) to carry out this ‘‘§ 166. Control of invasive plant species and scheduled bus service for the general public subchapter $9,386,289 for each of fiscal years establishment of native species which operates with limited stops over fixed 2005 through 2009. routes connecting two or more urban areas ‘‘(2) The funding made available under ‘‘(a) DEFINITIONS.—In this section: not in close proximity, which has the capac- paragraph (1) shall be available for obliga- ‘‘(1) INVASIVE PLANT SPECIES—The term ity for transporting baggage carried by pas- tion in the same manner as if such funds ‘invasive plant species’ means a nonindige- sengers, and which makes meaningful con- were apportioned under chapter 1 of title 23 nous species the introduction of which nections with scheduled intercity bus service and shall be subject to any obligation limita- causes or is likely to cause economic or envi- to more distant points, if such service is tion imposed on funds for Federal-aid high- ronmental harm or harm to human health. available and may include package express ways and highway safety construction pro- ‘‘(2) NATIVE PLANT SPECIES.—The term ‘na- service, if incidental to passenger transpor- grams. tive plant species’ means, with respect to a particular ecosystem, a species that, other tation, but does not include air, commuter, ‘‘(b) PERIOD OF AVAILABILITY.—Amounts water or rail service. made available under subsection (a) shall re- than as result of an introduction, histori- ‘‘(4) ‘intermodal passenger facility’ means main available until expended.’’. cally occurred or currently occurs in that ecosystem. passenger terminal that does, or can be (b) CONFORMING AMENDMENT.—The chapter modified to, accommodate several modes of analysis for chapter 55 of title 49, United ‘‘(b) CONTROL OF SPECIES.— transportation and related facilities, includ- States Code, is amended by adding at the end ‘‘(1) IN GENERAL.—In accordance with all ing some or all of the following: intercity the following: applicable Federal law (including regula- rail, intercity bus, commuter rail, intracity tions), funds made available to carry out this rail transit and bus transportation, airport ‘‘SUBCHAPTER III—INTERMODAL PASSENGER section may be used for— limousine service and airline ticket offices, FACILITIES ‘‘(A) participation in the control of rent-a-car facilities, taxis, private parking, Sec. invasive plant species; and and other transportation services. ‘‘5571. Policy and Purposes. ‘‘(B) the establishment of native species; ‘‘(5) ‘local governmental authority’ in- ‘‘5572. Definitions. if such efforts are related to transportation cludes— ‘‘5573. Assurance of access to intermodal fa- projects funded under this title. ‘‘(A) a political subdivision of a State; cilities. ‘‘(2) INCLUDED ACTIVITIES.—The participa- ‘‘(B) an authority of at least one State or ‘‘5574. Intercity bus intermodal facility tion and establishment under paragraph (1) political subdivision of a State; grants. may include— ‘‘(C) an Indian tribe; and ‘‘5575. Funding.’’. ‘‘(A) participation in statewide inventories ‘‘(D) a public corporation, board, or com- Subtitle F—Environment of invasive plant species and desirable plant mission established under the laws of the species; State. SEC. 1601. ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT; CONTROL ‘‘(B) regional native plant habitat con- ‘‘(6) ‘owner or operator of a public trans- OF INVASIVE PLANT SPECIES AND servation and mitigation; portation facility’ means an owner or oper- ESTABLISHMENT OF NATIVE SPE- ‘‘(C) native revegetation; ator of intercity-rail, intercity-bus, com- CIES. ‘‘(D) elimination of invasive species to cre- muter-rail, commuter-bus, rail-transit, bus- (a) MODIFICATION TO NHS/STP FOR ENVI- ate fuel breaks for the prevention and con- transit, or ferry services. RONMENTAL RESTORATION, POLLUTION ABATE- trol of wildfires; and ‘‘(7) ‘recipient’ means a State or local gov- MENT, AND INVASIVE SPECIES.— ‘‘(E) training. ernmental authority or a nonprofit organiza- (1) MODIFICATIONS TO NATIONAL HIGHWAY ‘‘(3) CONTRIBUTIONS.— tion that receives a grant to carry out this SYSTEM.—Section 103(b)(6) of title 23, United ‘‘(A) IN GENERAL.—Subject to subparagraph section directly from the Federal govern- States Code, is amended by adding at the end (B), an activity described in paragraph (1) ment. the following: may be carried out concurrently with, in ad- ‘‘(8) ‘Secretary’ means the Secretary of ‘‘(Q) Environmental restoration and pollu- vance of, or following the construction of a Transportation. tion abatement in accordance with section project funded under this title. ‘‘(9) ‘State’ means a State of the United 165. ‘‘(B) CONDITION FOR ACTIVITIES CONDUCTED States, the District of Columbia, Puerto ‘‘(R) Control of invasive plant species and IN ADVANCE OF PROJECT CONSTRUCTION.—An Rico, the Northern Mariana Islands, Guam, establishment of native species in accord- activity described in paragraph (1) may be American Samoa, and the Virgin Islands. ance with section 166.’’. carried out in advance of construction of a ‘‘(10) ‘urban area’ means an area that in- (2) MODIFICATIONS TO SURFACE TRANSPOR- project only if the activity is carried out in cludes a municipality or other built-up place TATION PROGRAM.—Section 133(b) of title 23, accordance with all applicable requirements that the Secretary, after considering local is amended by striking paragraph (14) and in- of Federal law (including regulations) and patterns and trends of urban growth, decides serting the following: State transportation planning processes.’’. is appropriate for a local public transpor- ‘‘(14) Environmental restoration and pollu- (c) CONFORMING AMENDMENT.—The analysis tation system to serve individuals in the lo- tion abatement in accordance with section for subchapter I of chapter 1 of title 23, cality. 165. United States Code (as amended by section ‘‘§ 5573. Assurance of access to intermodal ‘‘(15) Control of invasive plant species and 1406(b)), is amended by adding at the end the passenger facilities establishment of native species in accord- following: ‘‘Intercity buses and other modes of trans- ance with section 166.’’. portation shall, to the maximum extent (b) ELIGIBLE ACTIVITIES.—Subchapter I of ‘‘165. Eligibility for environmental restora- practicable, have access to publicly funded chapter 1 of title 23, United States Code, is tion and pollution abatement. intermodal passenger facilities, including amended by adding at the end the following: ‘‘166. Control of invasive plant species and establishment of native species.’’.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0655 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4679 SEC. 1602. NATIONAL SCENIC BYWAYS PROGRAM. (4) in subsection (e), by inserting ‘‘or In- ‘‘(II) in effect; (a) IN GENERAL.—Section 162 of title 23, dian tribe’’ after ‘‘State’’. ‘‘(iii) approved by the administering agen- United States Code, is amended— (b) RESEARCH, TECHNICAL ASSISTANCE, cy of the State designated under subsection (1) in subsection (a)— MARKETING, AND PROMOTION.—Section 162 of (c)(1)(A); and (A) in paragraph (1), by striking ‘‘the roads title 23, United States Code, is amended— ‘‘(iv) approved by each Federal agency hav- as’’ and all that follows and inserting ‘‘the (1) by redesignating subsections (d), (e), ing jurisdiction over the affected land, under roads as— and (f) as subsections (e), (f), and (g), respec- such terms and conditions as the head of the ‘‘(A) National Scenic Byways; tively; Federal agency determines to be appro- ‘‘(B) All-American Roads; or (2) by inserting after subsection (c) the fol- priate, except that the approval shall be con- ‘‘(C) America’s Byways.’’; lowing: tingent on compliance by the Federal agency (B) in paragraph (3)— ‘‘(d) RESEARCH, TECHNICAL ASSISTANCE, with all applicable laws, including— (i) by striking ‘‘To be considered’’ and in- MARKETING, AND PROMOTION.— ‘‘(I) the National Environmental Policy serting the following: ‘‘(1) IN GENERAL.—The Secretary may carry Act of 1969 (42 U.S.C. 4321 et seq.); ‘‘(A) IN GENERAL.—To be considered’’; out technical assistance, marketing, market ‘‘(II) the Forest and Rangeland Renewable (ii) in subparagraph (A) (as designated by research, and promotion with respect to Resources Planning Act of 1974 (16 U.S.C. 1600 clause (i))— State Scenic Byways, National Scenic By- et seq.); and (I) by inserting ‘‘, an Indian tribe, ’’ after ways, All-American Roads, and America’s ‘‘(III) the Federal Land Policy and Manage- ‘‘nominated by a State’’; and Byways. ment Act of 1976 (43 U.S.C. 1701 et seq.); (II) by inserting ‘‘, an Indian scenic ‘‘(2) COOPERATION, GRANTS, AND CON- ‘‘(E) acquisition of easements and fee sim- byway,’’ after ‘‘designated as a State scenic TRACTS.—The Secretary may make grants to, ple title to property for recreational trails or byway’’; and or enter into contracts, cooperative agree- recreational trail corridors; (iii) by adding at the end the following: ments, and other transactions with, any Fed- ‘‘(F) assessment of trail conditions for ac- ‘‘(B) NOMINATION BY INDIAN TRIBES.—An In- eral agency, State agency, authority, asso- cessibility and maintenance; dian tribe may nominate a road as a Na- ciation, institution, for-profit or nonprofit ‘‘(G) use of trail crews, youth conservation tional Scenic Byway under subparagraph (A) corporation, organization, or person, to or service corps, or other appropriate means only if a Federal land management agency carry out projects and activities under this to carry out activities under this section; (other than the Bureau of Indian Affairs), a subsection. ‘‘(H) development and dissemination of State, or a political subdivision of a State ‘‘(3) FUNDS.—The Secretary may use not publications and operation of educational does not have— more than $1,877,258 for each fiscal year of programs to promote safety and environ- ‘‘(i) jurisdiction over the road; or funds made available for the National Scenic mental protection, as those objectives relate ‘‘(ii) responsibility for managing the road. Byways Program to carry out projects and to the use of recreational trails, supporting ‘‘(C) SAFETY.—Indian tribes shall maintain activities under this subsection. non-law enforcement trail safety and trail the safety and quality of roads nominated by ‘‘(4) PRIORITY.—The Secretary shall give use monitoring patrol programs, and pro- the Indian tribe under subparagraph (A).’’; priority under this subsection to partner- viding trail-related training, but in an and ships that leverage Federal funds for re- amount not to exceed 5 percent of the appor- (C) by adding at the end the following: search, technical assistance, marketing and tionment made to the State for the fiscal ‘‘(4) RECIPROCAL NOTIFICATION.—States, promotion.’’; and year; and Federal land management agencies, and In- (3) in subsection (g) (as redesignated by ‘‘(I) payment of costs to the State incurred dian tribes shall notify each other regarding paragraph (1)), by striking ‘‘80 percent’’ and in administering the program, but in an nominations under this subsection for roads inserting ‘‘the share applicable under section amount not to exceed 7 percent of the appor- that— 120, as adjusted under subsection (d) of that tionment made to the State for the fiscal ‘‘(A) are within the jurisdictional boundary section’’. year to carry out this section.’’; and of the State, Federal land management agen- SEC. 1603. RECREATIONAL TRAILS PROGRAM. (B) in paragraph (3)— cy, or Indian tribe; or (a) RECREATIONAL TRAILS PROGRAM FOR- (i) in subparagraph (D), by striking ‘‘(B) directly connect to roads for which MULA.—Section 104(h)(1) of title 23, United ‘‘(2)(F)’’ and inserting ‘‘(2)(I)’’; and the State, Federal land management agency, States Code, is amended— (ii) by adding at the end the following: or Indian tribe is responsible.’’; (1) by striking ‘‘Whenever’’ and inserting ‘‘(E) USE OF YOUTH CONSERVATION OR SERV- (2) in subsection (b)— the following: ICE CORPS.—A State shall make available not (A) in paragraph (1)— ‘‘(A) IN GENERAL.—In any case in which’’; less than 10 percent of the apportionments of (i) by inserting ‘‘and Indian tribes’’ after (2) by striking ‘‘research and technical as- the State to provide grants to, or to enter ‘‘provide technical assistance to States’’; sistance under the recreational trails pro- into cooperative agreements or contracts (ii) in subparagraph (A), by striking ‘‘des- gram and for administration of the National with, qualified youth conservation or service ignated as’’ and all that follows and insert- Recreational Trails Advisory Committee’’ corps to perform recreational trails program ing ‘‘designated as— and inserting ‘‘research, technical assist- activities.’’; ‘‘(i) National Scenic Byways; ance, and training under the recreational (2) in subsection (f)— ‘‘(ii) All-American Roads; trails program’’; and (A) in paragraph (1)— ‘‘(iii) America’s Byways; (3) by striking ‘‘The Secretary’’ and insert- (i) by inserting ‘‘and the Federal share of ‘‘(iv) State scenic byways; or ing the following: the administrative costs of a State’’ after ‘‘(v) Indian scenic byways; and’’; and ‘‘(B) CONTRACTS AND AGREEMENTS.—The ‘‘project’’; and (iii) in subparagraph (B), by inserting ‘‘or Secretary’’. (ii) by striking ‘‘not exceed 80 percent’’ and Indian’’ after ‘‘State’’; (b) RECREATIONAL TRAILS PROGRAM ADMIN- inserting ‘‘be determined in accordance with (B) in paragraph (2)— ISTRATION.—Section 206 of title 23, United section 120’’; (i) in subparagraph (A), by striking States Code, is amended— (B) in paragraph (2)— ‘‘Byway or All-American Road’’ and insert- (1) in subsection (d)— (i) in subparagraph (A), by striking ‘‘80 per- ing ‘‘Byway, All-American Road, or 1 of (A) by striking paragraph (2) and inserting cent of’’ and inserting ‘‘the amount deter- America’s Byways’’; the following: mined in accordance with section 120 for’’; (ii) in subparagraph (B)— ‘‘(2) PERMISSIBLE USES.—Permissible uses and (I) by striking ‘‘State-designated’’ and in- of funds apportioned to a State for a fiscal (ii) in subparagraph (B), by inserting serting ‘‘State or Indian’’; and year to carry out this section include— ‘‘sponsoring the project’’ after ‘‘Federal (II) by striking ‘‘designation as a’’ and all ‘‘(A) maintenance and restoration of rec- agency’’; that follows and inserting ‘‘designation as— reational trails; (C) by striking paragraph (5); ‘‘(i) a National Scenic Byway; ‘‘(B) development and rehabilitation of (D) by redesignating paragraph (4) as para- ‘‘(ii) an All-American Road; or trailside and trailhead facilities and trail graph (5); ‘‘(iii) 1 of America’s Byways; and’’; and linkages for recreational trails; (E) by inserting after paragraph (3) the fol- (iii) in subparagraph (C), by inserting ‘‘or ‘‘(C) purchase and lease of recreational lowing: Indian’’ after ‘‘State’’; trail construction and maintenance equip- ‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM (3) in subsection (c)— ment; FUNDS TO MATCH OTHER FEDERAL PROGRAM (A) in paragraph (1), by inserting ‘‘or In- ‘‘(D) construction of new recreational FUNDS.—Notwithstanding any other provi- dian’’ after ‘‘State’’; trails, except that, in the case of new rec- sion of law, funds made available under this (B) in paragraph (3)— reational trails crossing Federal land, con- section may be used to pay the non-Federal (i) by inserting ‘‘Indian scenic byway,’’ struction of the trails shall be— matching share for other Federal program after ‘‘improvements to a State scenic ‘‘(i) permissible under other law; funds that are— byway,’’; and ‘‘(ii) necessary and recommended by a ‘‘(A) expended in accordance with the re- (ii) by inserting ‘‘Indian scenic byway,’’ statewide comprehensive outdoor recreation quirements of the Federal program relating after ‘‘designation as a State scenic byway,’’; plan that is— to activities funded and populations served; and ‘‘(I) required under the Land and Water and (C) in paragraph (4), by striking ‘‘passing Conservation Fund Act of 1965 (16 U.S.C. 460l– ‘‘(B) expended on a project that is eligible lane,’’; and 4 et seq.); and for assistance under this section.’’; and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4680 CONGRESSIONAL RECORD — SENATE May 9, 2005 (F) in paragraph (5) (as redesignated by ‘‘(iii) a public authority, or a public or pri- occupancy vehicle lanes if the performance subparagraph (D)), by striking ‘‘80 percent’’ vate entity designated by a State, to collect of the lanes is seriously degraded. and inserting ‘‘the Federal share as deter- a toll from motor vehicles at an eligible toll ‘‘(II) MANAGEMENT.—In managing the use mined in accordance with section 120’’; and facility. of high occupancy vehicle lanes by low emis- (3) in subsection (h)— ‘‘(B) SERIOUSLY DEGRADED.—The term ‘seri- sion and energy efficient vehicles that do not (A) in paragraph (1), by inserting after sub- ously degraded’, with respect to a high occu- meet applicable occupancy requirements, the paragraph (B) the following: pancy vehicle lane, means, in the case of a responsible agency may increase the per- ‘‘(C) PLANNING AND ENVIRONMENTAL ASSESS- high occupancy vehicle lane, the minimum centages described in clause (i)(I)(aa). MENT COSTS INCURRED PRIOR TO PROJECT AP- average operating speed, performance ‘‘(iv) EXEMPTION FOR LOW EMISSION AND EN- PROVAL.—A project funded under any of sub- threshold, and associated time period of the ERGY-EFFICIENT VEHICLES.—A responsible paragraphs (A) through (H) of subsection high occupancy vehicle lane, calculated and agency may permit qualifying low emission (d)(2) may permit preapproval planning and determined jointly by all applicable respon- and energy-efficient vehicles that do not environmental compliance costs incurred sible agencies and based on conditions meet applicable occupancy requirements (as not more than 18 months before project ap- unique to the roadway, are unsatisfactory. determined by the responsible agency) to use proval to be credited toward the non-Federal ‘‘(2) REQUIREMENTS.— high occupancy vehicle lanes if the respon- share in accordance with subsection (f).’’; ‘‘(A) IN GENERAL.—Subject to subparagraph and (B), for each State, 1 or more responsible sible agency— (B) by striking paragraph (2) and inserting agencies shall establish the occupancy re- ‘‘(I) establishes a program that addresses the following: quirements of vehicles operating on high oc- how those qualifying low emission and en- ‘‘(2) WAIVER OF HIGHWAY PROGRAM REQUIRE- cupancy vehicle lanes. ergy-efficient vehicles are selected and cer- MENTS.—A project funded under this sec- ‘‘(B) MINIMUM NUMBER OF OCCUPANTS.—Ex- tified; tion— cept as provided in paragraph (3), an occu- ‘‘(II) establishes requirements for labeling ‘‘(A) is intended to enhance recreational pancy requirement established under sub- qualifying low emission and energy-efficient opportunity; paragraph (A) shall— vehicles (including procedures for enforcing ‘‘(B) is not considered to be a highway ‘‘(i) require at least 2 occupants per vehicle those requirements); project; and for a vehicle operating on a high occupancy ‘‘(III) continuously monitors, evaluates, ‘‘(C) is not subject to— vehicle lane; and and reports to the Secretary on performance; ‘‘(i) section 112, 114, 116, 134, 135, 138, 217, or ‘‘(ii) in the case of a high occupancy vehi- and 301 of this title; or cle lane that traverses an adjacent State, be ‘‘(IV) imposes such restrictions on the use ‘‘(ii) section 303 of title 49.’’. established in consultation with the adjacent on high occupancy vehicle lanes by vehicles SEC. 1604. EXEMPTION OF INTERSTATE SYSTEM. State. that do not satisfy established occupancy re- Subsection 103(c) of title 23, United States ‘‘(3) EXCEPTIONS TO HOV OCCUPANCY RE- quirements as are necessary to ensure that Code, is amended by adding at the end the QUIREMENTS.— the performance of individual high occu- following: ‘‘(A) MOTORCYCLES.—For the purpose of pancy vehicle lanes, and the entire high oc- ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— this subsection, a motorcycle— cupancy vehicle lane system, will not be- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) shall not be considered to be a single come seriously degraded. subparagraph (B), the Interstate System occupant vehicle; and ‘‘(C) TOLLING OF VEHICLES.— shall not be considered to be a historic site ‘‘(ii) shall be allowed to use a high occu- ‘‘(i) IN GENERAL.—A responsible agency under section 303 of title 49 or section 138 of pancy vehicle lane unless a responsible agen- may permit vehicles, in addition to the vehi- this title, regardless of whether the Inter- cy— cles described in paragraphs (A), (B), and (D) state System or portions of the Interstate ‘‘(I) certifies to the Secretary the use of a that do not satisfy established occupancy re- System are listed on, or eligible for listing high occupancy vehicle lane by a motorcycle quirements, to use a high occupancy vehicle on, the National Register of Historic Places. would create a safety hazard; and lane only if the responsible agency charges ‘‘(B) INDIVIDUAL ELEMENTS.—A portion of ‘‘(II) restricts that the use of the high oc- those vehicles a toll. the Interstate System that possesses an cupancy vehicle lane by motorcycles. ‘‘(ii) APPLICABLE AUTHORITY.—In imposing independent feature of historic significance, ‘‘(B) LOW EMISSION AND ENERGY-EFFICIENT a toll under clause (i), a responsible agency such as a historic bridge or a highly signifi- VEHICLES.— shall— cant engineering feature, that would qualify ‘‘(i) DEFINITION OF LOW EMISSION AND EN- ‘‘(I) be subject to section 129; independently for listing on the National ERGY-EFFICIENT VEHICLE.—In this subpara- ‘‘(II) establish a toll program that address- Register of Historic Places, shall be consid- graph, the term ‘low emission and energy-ef- es ways in which motorists may enroll and ered to be a historic site under section 303 of ficient vehicle’ means a vehicle that— participate in the program; ‘‘(I) meets Tier II emission levels estab- title 49 or section 138 of this title, as applica- ‘‘(III) develop, manage, and maintain a sys- lished in regulations promulgated by the Ad- ble.’’. tem that will automatically collect the tolls ministrator of the Environmental Protection SEC. 1605. STANDARDS. from covered vehicles; Agency under section 202(i) of the Clean Air Section 109 of title 23, United States Code, ‘‘(IV) continuously monitor, evaluate, and Act (42 U.S.C. 7521(i)) for that make and is amended by striking subsection (p) and in- report on performance of the system; serting the following: model year; and ‘‘(I)(aa) is certified by the Administrator of ‘‘(V) establish such policies and procedures ‘‘(p) CONTEXT SENSITIVE DESIGN.— as are necessary— ‘‘(1) IN GENERAL.—The Secretary shall en- the Environmental Protection Agency, in consultation with the manufacturer, to have ‘‘(aa) to vary the toll charged in order to courage States to design projects funded manage the demand for use of high occu- under this title that— achieved not less than a 50-percent increase in city fuel economy or not less than a 25- pancy vehicle lanes; and ‘‘(A) allow for the preservation of environ- ‘‘(bb) to enforce violations; and mental, scenic, or historic values; percent increase in combined city-highway ‘‘(VI) establish procedures to impose such ‘‘(B) ensure the safe use of the facility; fuel economy relative to a comparable vehi- restrictions on the use of high occupancy ve- ‘‘(C) provide for consideration of the con- cle that is an internal combustion gasoline hicle lanes by vehicles that do not satisfy es- text of the locality; fueled vehicle (other than a vehicle that has tablished occupancy requirements as are ‘‘(D) encourage access for other modes of propulsion energy from onboard hybrid necessary to ensure that the performance of transportation; and sources); or individual high occupancy vehicle lanes, and ‘‘(E) comply with subsection (a). ‘‘(bb) is a dedicated alternative fueled vehi- the entire high occupancy vehicle lane sys- ‘‘(2) APPROVAL BY SECRETARY.—Notwith- cle under section 301 of the Energy Policy tem, will not become seriously degraded. standing subsections (b) and (c), the Sec- Act of 1992 (42 U.S.C. 13211). ‘‘(D) DESIGNATED PUBLIC TRANSPORTATION retary may approve a project described in ‘‘(ii) COMPARABLE VEHICLE DETERMINA- VEHICLES.— paragraph (1) for the National Highway Sys- TION.—Not later than 180 days after the date tem if the project is designed to achieve the of enactment of the Safe, Affordable, Flexi- ‘‘(i) DEFINITION OF DESIGNATED PUBLIC criteria specified in that paragraph.’’. ble, and Efficient Transportation Equity Act TRANSPORTATION VEHICLE.—In this subparagraph, the term ‘designated public transpor- SEC. 1606. USE OF HIGH OCCUPANCY VEHICLE of 2005, the Administrator of the Environ- LANES. mental Protection Agency, in accordance tation vehicle’ means a vehicle that— Section 102 of title 23, United States Code, with section 32908(b) of title 49, United ‘‘(I) provides designated public transpor- is amended by striking subsection (a) and in- States Code, shall establish guidelines and tation (as defined in section 221 of the Amer- serting the following: procedures for making the vehicle compari- icans with Disabilities Act of 1990 (42 U.S.C. ‘‘(a) HIGH OCCUPANCY VEHICLE LANE PAS- sons and performance calculations described 12141)); and SENGER REQUIREMENTS.— in clause (i)(I)(aa). ‘‘(II)(aa) is owned or operated by a public ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(iii) HOV LANE PERFORMANCE.— entity; or ‘‘(A) RESPONSIBLE AGENCY.—The term ‘re- ‘‘(I) IN GENERAL.—The responsible agency ‘‘(bb) is operated under a contract with a sponsible agency’ means— may not permit qualifying low emission and public entity. ‘‘(i) a State transportation department; energy-efficient vehicles that do not meet ‘‘(ii) USE OF HIGH OCCUPANCY VEHICLE ‘‘(ii) a local agency in a State that is re- applicable occupancy requirements (as deter- LANES.—A responsible agency may permit sponsible for transportation matters; and mined by the responsible agency) to use high designated public transportation vehicles

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that do not satisfy established occupancy re- ‘‘(2) FUNDING.—The Secretary may use (i) by striking ‘‘The Secretary’’ and insert- quirements to use high occupancy vehicle funds set aside under section 104(n) to carry ing ‘‘Notwithstanding section 301, the Sec- lanes if the responsible agency— out this subsection. retary’’; and ‘‘(I) requires the clear and identifiable la- ‘‘(3) APPLICABILITY OF TITLE 23.—Funds au- (ii) by striking ‘‘that could not otherwise beling of each designated public transpor- thorized to be appropriated to carry out this be adequately maintained or functionally tation vehicle operating under a contract subsection shall be available for obligation improved without the collection of tolls’’; with a public entity with the name of the in the same manner as if the funds were ap- (B) in paragraph (2), by inserting after the public entity on all sides of the vehicle; portioned under section 104, except that the first sentence the following: ‘‘One such facil- ‘‘(II) continuously monitors, evaluates, and funds shall remain available until ex- ity shall be located in Virginia.’’; reports on performance of those designated pended.’’; and (C) in paragraph (3), by striking subpara- public transportation vehicles; and (6) in subsection (k) (as redesignated by graph (C) and inserting the following: ‘‘(III) imposes such restrictions on the use paragraph (4))— ‘‘(C) An analysis demonstrating that fi- of high occupancy vehicle lanes by des- (A) by redesignating paragraph (4) as para- nancing the reconstruction or rehabilitation ignated public transportation vehicles as are graph (5); and of the facility with the collection of tolls necessary to ensure that the performance of (B) by inserting after paragraph (3) the fol- under this pilot program is the most effi- individual high occupancy vehicle lanes, and lowing: cient, economical, or expeditious way to ad- the entire high occupancy vehicle lane sys- ‘‘(4) SHARED USE PATH.—The term ‘shared vance the project.’’; and tem, will not become seriously degraded. use path’ means a multiuse trail or other (D) in paragraph (4)— ‘‘(E) HOV LANE MANAGEMENT, OPERATION, path that is— (i) by striking subparagraph (A) and insert- AND MONITORING.— ‘‘(A) physically separated from motorized ing the following: ‘‘(i) IN GENERAL.—A responsible agency vehicular traffic by an open space or barrier, ‘‘(A) the State’s analysis showing that fi- that permits any of the exceptions specified either within a highway right-of-way or nancing the reconstruction or rehabilitation in this paragraph shall comply with clauses within an independent right-of-way; and of a facility with the collection of tolls under (ii) and (iii). ‘‘(B) usable for transportation purposes (in- the pilot program is the most efficient, eco- ‘‘(ii) PERFORMANCE MONITORING, EVALUA- cluding by pedestrians, bicyclists, skaters, nomical, or expeditious way to advance the TION, AND REPORTING.—A responsible agency equestrians, and other nonmotorized project;’’; described in clause (i) shall establish, man- users).’’. (ii) by striking subparagraph (B) and inserting the following: age, and support a performance monitoring, (b) RESERVATION OF FUNDS.—Section 104 of ‘‘(B) the facility needs reconstruction or evaluation, and reporting program under title 23, United States Code (as amended by rehabilitation, including major work that which the responsible agency continuously section 1522), is amended by adding at the may require replacing sections of the exist- monitors, assesses, and reports on the effects end the following: ing facility on new alignment;’’; that any vehicle permitted to use a high oc- ‘‘(n) BICYCLE AND PEDESTRIAN SAFETY cupancy vehicle lane under an exception (iii) by striking subparagraph (C); and GRANTS.—On October 1 of each of fiscal years (iv) by redesignating subparagraphs (D) under this paragraph may have on the oper- 2005 through 2009, the Secretary, after mak- ation of— and (E) as subparagraphs (C) and (D), respec- ing the deductions authorized by subsections tively; ‘‘(I) individual high occupancy vehicle (a) and (f), shall set aside $469,314 of the re- lanes; and (2) is redesignated as subsection (d) of sec- maining funds apportioned under subsection tion 129 of title 23, United States Code, and ‘‘(II) the entire high occupancy vehicle (b)(3) for use in carrying out the bicycle and lane system. moved to appear at the end of that section; pedestrian safety grant program under sec- and ‘‘(iii) OPERATION OF HOV LANE OR SYSTEM.— tion 217.’’. A responsible agency described in clause (i) (3) by striking ‘‘of title 23, United States shall limit use of, or cease to use, any of the SEC. 1608. IDLING REDUCTION FACILITIES IN Code’’ each place it appears. INTERSTATE RIGHTS-OF-WAY. (b) FAST AND SENSIBLE TOLL (FAST) LANES exceptions specified in this paragraph if the Section 111 of title 23, United States Code, PROGRAM.—Section 129 of title 23, United presence of any vehicle permitted to use a States Code (as amended by subsection high occupancy vehicle lane under an excep- is amended by adding at the end the following: (a)(2)), is amended by adding at the end the tion under this paragraph seriously degrades following: ‘‘(d) IDLING REDUCTION FACILITIES IN INTER- the operation of— ‘‘(e) FAST AND SENSIBLE TOLL (FAST) STATE RIGHTS-OF-WAY.— ‘‘(I) individual high occupancy vehicle LANES PROGRAM.— ‘‘(1) IN GENERAL.—Notwithstanding sub- lanes; and ‘‘(1) DEFINITIONS.—In this subsection: section (a), a State may— ‘‘(II) the entire high occupancy vehicle ‘‘(A) ELIGIBLE TOLL FACILITY.—The term ‘‘(A) permit electrification or other idling lane system.’’. ‘eligible toll facility’ includes— reduction facilities and equipment, for use SEC. 1607. BICYCLE TRANSPORTATION AND PE- ‘‘(i) a facility in existence on the date of by motor vehicles used for commercial pur- DESTRIAN WALKWAYS. enactment of this subsection that collects poses, to be placed in rest and recreation (a) IN GENERAL.—Section 217 of title 23, tolls; areas, and in safety rest areas, constructed United States Code, is amended— ‘‘(ii) a facility in existence on the date of or located on rights-of-way of the Interstate (1) in subsection (a), by inserting ‘‘pedes- enactment of this subsection that serves System in the State, so long as those idling trian and’’ after ‘‘safe’’; high occupancy vehicles; reduction measures do not— (2) in subsection (e), by striking ‘‘bicycles’’ ‘‘(iii) a facility modified or constructed ‘‘(i) reduce the existing number of des- each place it appears and inserting ‘‘pedes- after the date of enactment of this sub- ignated truck parking spaces at any given trians or bicyclists’’; section to create additional tolled capacity rest or recreation area; or (3) by striking subsection (f) and inserting (including a facility constructed by a private ‘‘(ii) preclude the use of those spaces by the following: entity or using private funds); and trucks employing alternative idle reduction ‘‘(f) FEDERAL SHARE.—The Federal share of ‘‘(iv) in the case of a new lane added to a technologies; and the construction of bicycle transportation previously non-tolled facility, only the new ‘‘(B) charge a fee, or permit the charging of facilities and pedestrian walkways, and for lane. a fee, for the use of those parking spaces ac- carrying out nonconstruction projects relat- ‘‘(B) NONATTAINMENT AREA.—The term tively providing power to a truck to reduce ing to safe pedestrian and bicycle use, shall ‘nonattainment area’ has the meaning given idling. be determined in accordance with section the term in section 171 of the Clean Air Act ‘‘(2) PURPOSE.—The exclusive purpose of 120(b).’’; (42 U.S.C. 7501). the facilities described in paragraph (1) (or (4) by redesignating subsection (j) as sub- ‘‘(2) ESTABLISHMENT.—Notwithstanding similar technologies) shall be to enable oper- section (k); sections 129 and 301, the Secretary shall per- ators of motor vehicles used for commercial (5) by inserting after subsection (i) the fol- mit a State, public authority, or a public or purposes— lowing: private entity designated by a State, to col- ‘‘(A) to reduce idling of a truck while ‘‘(j) BICYCLE AND PEDESTRIAN SAFETY lect a toll from motor vehicles at an eligible parked in the rest or recreation area; and GRANTS.— toll facility for any highway, bridge, or tun- ‘‘(B) to use installed or other equipment ‘‘(1) IN GENERAL.—The Secretary shall se- nel, including facilities on the Interstate specifically designed to reduce idling of a lect and make grants to a national, non- System— truck, or provide alternative power for sup- profit organization engaged in promoting bi- ‘‘(A) to manage high levels of congestion; porting driver comfort, while parked.’’. cycle and pedestrian safety— ‘‘(B) to reduce emissions in a nonattain- ‘‘(A) to operate a national bicycle and pe- SEC. 1609. TOLL PROGRAMS. ment area or maintenance area; or destrian clearinghouse; (a) INTERSTATE SYSTEM RECONSTRUCTION ‘‘(C) to finance the expansion of a highway, ‘‘(B) to develop information and edu- AND REHABILITATION PILOT PROGRAM.—Sec- for the purpose of reducing traffic conges- cational programs regarding walking and bi- tion 1216(b) of the Transportation Equity Act tion, by constructing 1 or more additional cycling; and for the 21st Century (23 U.S.C. 129 note; 112 lanes (including bridge, tunnel, support, and ‘‘(C) to disseminate techniques and strate- Stat. 212)— other structures necessary for that construc- gies for improving bicycle and pedestrian (1) is amended— tion) on the Interstate System. safety. (A) in paragraph (1)— ‘‘(3) LIMITATION ON USE OF REVENUES.—

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‘‘(A) USE.— ‘‘(i) the goals sought to be achieved under ‘‘(B) AVAILABILITY.—Funds allocated by ‘‘(i) IN GENERAL.—Toll revenues received the program; and the Secretary to a State under this sub- under paragraph (2) shall be used by a State, ‘‘(ii) the performance measures that would section shall remain available for obligation public authority, or private entity des- be used to gauge the success made toward by the State for a period of 3 years after the ignated by a State, for— reaching those goals; and last day of the fiscal year for which the ‘‘(I) debt service for debt incurred on 1 or ‘‘(C) such other information as the Sec- funds were authorized. more highway or transit projects carried out retary may require. ‘‘(C) CONTRACT AUTHORITY.—Funds author- under this title or title 49; ‘‘(5) AUTOMATION.—Fees collected from mo- ized to be appropriated under this paragraph ‘‘(II) a reasonable return on investment of torists using a FAST lane shall be collected shall be available for obligation in the same any private financing; only through the use of noncash electronic manner as if the funds were apportioned ‘‘(III) the costs necessary for proper oper- technology that optimizes the free flow of under this chapter, except that the Federal ation and maintenance of any facilities traffic on the tolled facility. share of the cost of any project carried out under paragraph (2) (including reconstruc- ‘‘(6) INTEROPERABILITY.— under this subsection and the availability of tion, resurfacing, restoration, and rehabilita- ‘‘(A) RULE.— funds authorized by this paragraph shall be tion); or ‘‘(i) IN GENERAL.—Not later than 180 days determined in accordance with this sub- ‘‘(IV) if the State, public authority, or pri- after the date of enactment of this para- section. vate entity annually certifies that the tolled graph, the Secretary shall promulgate a final ‘‘(D) PROGRAM PROMOTION.—Notwith- facility is being adequately operated and rule specifying requirements, standards, or standing any other provision of this section, maintained, any other purpose relating to a the Secretary shall use an amount not to ex- performance specifications for automated highway or transit project carried out under ceed 2 percent of the funds made available toll collection systems implemented under this title or title 49. under subparagraph (A)— this section. ‘‘(B) REQUIREMENTS.— ‘‘(i) to make grants to promote the pur- ‘‘(ii) DEVELOPMENT.—In developing that ‘‘(i) VARIABLE PRICE REQUIREMENT.—A facil- poses of the program under this subsection; rule, which shall be designed to maximize ity that charges tolls under this subsection ‘‘(ii) to provide technical support to State the interoperability of electronic collection may establish a toll that varies in price ac- and local governments or other public or pri- systems, the Secretary shall, to the max- cording to time of day or level of traffic, as vate entities involved in implementing or appropriate to manage congestion or im- imum extent practicable— considering FAST lane programs; and prove air quality. ‘‘(I) seek to accelerate progress toward the ‘‘(iii) to conduct research on variable pric- national goal of achieving a nationwide ‘‘(ii) HOV VARIABLE PRICING REQUIRE- ing that will support State or local efforts to interoperable electronic toll collection sys- MENT.—The Secretary shall require, for each initiate those pricing requirements. tem; high occupancy vehicle facility that charges ‘‘(E) EFFECT ON OTHER APPORTIONMENTS tolls under this subsection, that the tolls ‘‘(II) take into account the use of noncash AND ALLOCATIONS.—Revenues collected from vary in price according to time of day or electronic technology currently deployed tolls established under this subsection shall level of traffic, as appropriate to manage within an appropriate geographical area of not be taken into account in determining the congestion or improve air quality. travel and the noncash electronic technology apportionments and allocations that any ‘‘(iii) HOV PASSENGER REQUIREMENTS.—In likely to be in use within the next 5 years; State or transportation district within a addition to the exceptions to the high occu- and State shall be entitled to receive under or in pancy vehicle passenger requirements estab- ‘‘(III) seek to minimize additional costs accordance with this chapter. lished under section 102(a)(2), a State may and maximize convenience to users of toll fa- ‘‘(9) COMPLIANCE.—The Secretary shall en- permit motor vehicles with fewer than 2 oc- cility and to the toll facility owner or oper- sure that any project or activity carried out cupants to operate in high occupancy vehicle ator. under this section complies with require- lanes as part of a variable toll pricing pro- ‘‘(B) FUTURE MODIFICATIONS.—As the state ments under section 106 of this title and sec- gram established under this subsection. of technology progresses, the Secretary shall tion 307 of title 49. ‘‘(C) AGREEMENT.— modify the rule promulgated under subpara- ‘‘(10) VOLUNTARY USE.—Nothing in this sub- ‘‘(i) IN GENERAL.—Before the Secretary graph (A), as appropriate. section requires any highway user to use a may permit a facility to charge tolls under ‘‘(7) REPORTING.— FAST lane. this subsection, the Secretary and the appli- ‘‘(A) IN GENERAL.—The Secretary, in co- ‘‘(11) ENVIRONMENTAL REQUIREMENTS.— cable State, public authority, or private en- operation with State and local agencies and Nothing in this subsection affects any envi- tity designated by a State shall enter into an other program participants and with oppor- ronmental requirement applicable to the agreement for each facility incorporating tunity for public comment, shall— construction or operation of an eligible toll the conditions described in subparagraphs ‘‘(i) develop and publish performance goals facility under this title or any other provi- (A) and (B). for each FAST lane project; sion of law.’’. ‘‘(ii) TERMINATION.—An agreement under ‘‘(ii) establish a program for regular moni- (c) CONFORMING AMENDMENTS.— clause (i) shall terminate with respect to a toring and reporting on the achievement of (1) IN GENERAL.—Section 1012 of the Inter- facility upon the decision of the State, pub- performance goals, including— modal Surface Transportation Efficiency Act lic authority, or private entity designated by ‘‘(I) effects on travel, traffic, and air qual- (23 U.S.C. 149 note; 105 Stat. 1938; 112 Stat. a State to discontinue the variable tolling ity; 211) is amended by striking subsection (b). program under this subsection for the facil- ‘‘(II) distribution of benefits and burdens; (2) CONTINUATION OF PROGRAM.—Notwith- ity. ‘‘(III) use of alternative transportation standing the amendment made by paragraph ‘‘(iii) DEBT.— modes; and (1), the Secretary shall monitor and allow ‘‘(I) IN GENERAL.—If there is any debt out- ‘‘(IV) use of revenues to meet transpor- any value pricing program established under standing on a facility at the time at which tation or impact mitigation needs. a cooperative agreement in effect on the day the decision is made to discontinue the pro- ‘‘(B) REPORTS TO CONGRESS.—The Secretary before the date of enactment of this Act to gram under this subsection with respect to shall submit to the Committee on Environ- continue. the facility, the facility may continue to ment and Public Works of the Senate and SEC. 1610. FEDERAL REFERENCE METHOD. charge tolls in accordance with the terms of the Committee on Transportation and Infra- (a) IN GENERAL.—Section 6102 of the Trans- the agreement until such time as the debt is structure of the House of Representatives— portation Equity Act for the 21st Century (42 retired. ‘‘(i) not later than 1 year after the date of U.S.C. 7407 note; 112 Stat. 464) is amended by ‘‘(II) NOTICE.—On retirement of the debt of enactment of this subsection, and annually striking subsection (e) and inserting the fol- a tolled facility, the applicable State, public thereafter, a report that describes in detail lowing: authority, or private entity designated by a the uses of funds under this subsection in ac- ‘‘(e) FIELD STUDY.—Not later than 2 years State shall provide notice to the public of cordance with paragraph (8)(D); and after the date of enactment of the Safe, Ac- that retirement. ‘‘(ii) not later than 3 years after the date of countable, Flexible, and Efficient Transpor- ‘‘(D) LIMITATION ON FEDERAL SHARE.—The enactment of this subsection, and every 3 tation Equity Act of 2005, the Administrator Federal share of the cost of a project on a fa- years thereafter, a report that describes any shall— cility tolled under this subsection, including success of the program under this subsection ‘‘(1) conduct a field study of the ability of a project to install the toll collection facil- in meeting congestion reduction and other the PM2.5 Federal Reference Method to dif- ity shall be a percentage, not to exceed 80 performance goals established for FAST lane ferentiate those particles that are larger percent, determined by the applicable State. programs. than 2.5 micrometers in diameter; ‘‘(4) ELIGIBILITY.—To be eligible to partici- ‘‘(8) FUNDING.— ‘‘(2) develop a Federal reference method to pate in the program under this subsection, a ‘‘(A) AUTHORIZATION OF APPROPRIATIONS.— measure directly particles that are larger State, public authority, or private entity There is authorized to be appropriated from than 2.5 micrometers in diameter without redesignated by a State shall provide to the the Highway Trust Fund (other than the liance on subtracting from coarse particle Secretary— Mass Transit Account) to carry out pre-im- measurements those particles that are equal ‘‘(A) a description of the congestion or air plementation studies and post-implementa- to or smaller than 2.5 micrometers in diame- quality problems sought to be addressed tion evaluations of projects planned or im- ter; under the program; plemented under this subsection $10,324,918 ‘‘(3) develop a method of measuring the ‘‘(B) a description of— for each of fiscal years 2005 through 2009. composition of coarse particles; and

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‘‘(4) submit a report on the study and re- (2) in paragraph (4), by striking ‘‘or’’ at the ‘‘(1) IN GENERAL.—The Secretary, in con- sponsibilities of the Administrator under end; sultation with the Administrator of the En- paragraphs (1) through (3) to— (3) in paragraph (5), by striking the period vironmental Protection Agency, shall evalu- ‘‘(A) the Committee on Commerce of the at the end and inserting a semicolon; and ate and assess a representative sample of House of Representatives; and (4) by adding at the end the following: projects funded under the congestion mitiga- ‘‘(B) the Committee on Environment and ‘‘(6) if the project or program is for the tion and air quality program to— Public Works of the Senate.’’. purchase of alternative fuel (as defined in ‘‘(A) determine the direct and indirect im- SEC. 1611. ADDITION OF PARTICULATE MATTER section 301 of the Energy Policy Act of 1992 pact of the projects on air quality and con- AREAS TO CMAQ. (42 U.S.C. 13211)) or biodiesel; or gestion levels; and (a) IN GENERAL.—Section 104(b)(2) of title ‘‘(7) if the project or program involves the ‘‘(B) ensure the effective implementation 23, United States Code, is amended— purchase of integrated, interoperable emer- of the program. (1) in subparagraph (B)— gency communications equipment.’’. ‘‘(2) DATABASE.—Using appropriate assess- (A) in the matter preceding clause (i), by (b) STATES RECEIVING MINIMUM APPORTION- ments of projects funded under the conges- striking ‘‘ozone or carbon monoxide’’ and in- MENT.—Section 149(c) of title 23, United tion mitigation and air quality program and serting ‘‘ozone, carbon monoxide, or fine par- States Code, is amended— results from other research, the Secretary ticulate matter (PM2.5)’’; (1) in paragraph (1), by striking ‘‘for any shall maintain and disseminate a cumulative (B) by striking clause (i) and inserting the project eligible under the surface transpor- database describing the impacts of the following: tation program under section 133.’’ and in- projects. ‘‘(i) 1.0, if at the time of apportionment, serting the following: ‘‘for any project in the ‘‘(3) CONSIDERATION.—The Secretary, in the area is a maintenance area;’’; State that— consultation with the Administrator of the (C) in clause (vi), by striking ‘‘or’’ after the ‘‘(A) would otherwise be eligible under this Environmental Protection Agency, shall semicolon; and section as if the project were carried out in consider the recommendations and findings (D) in clause (vii)— a nonattainment or maintenance area; or of the report submitted to Congress under (i) by striking ‘‘area as described in section ‘‘(B) is eligible under the surface transpor- section 1110(e) of the Transportation Equity 149(b) for ozone,’’ and inserting ‘‘area for tation program under section 133.’’; and Act for the 21st Century (112 Stat. 144), in- ozone (as described in section 149(b) or for (2) in paragraph (2), by striking ‘‘for any cluding recommendations and findings that PM–2.5’’; and project in the State eligible under section would improve the operation and evaluation (ii) by striking the period at the end and 133.’’ and inserting the following: ‘‘for any of the congestion mitigation and air quality inserting a semicolon; project in the State that— improvement program under section 149.’’. (2) by adding at the end the following: ‘‘(A) would otherwise be eligible under this ‘‘(viii) 1.0 if, at the time of apportionment, SEC. 1615. SYNCHRONIZED PLANNING AND CON- section as if the project were carried out in any county that is not designated as a non- FORMITY TIMELINES, REQUIRE- a nonattainment or maintenance area; or MENTS, AND HORIZON. attainment or maintenance area under the 1- ‘‘(B) is eligible under the surface transpor- hour ozone standard is designated as non- (a) METROPOLITAN PLANNING.— tation program under section 133.’’. attainment under the 8-hour ozone standard; (1) DEVELOPMENT OF LONG-RANGE TRANSPOR- (c) RESPONSIBILITY OF STATES.— or TATION PLAN.—Section 134(g)(1) of title 23, (1) IN GENERAL.—Each State shall be re- ‘‘(ix) 1.2 if, at the time of apportionment, United States Code, is amended by striking sponsible for ensuring that subrecipients of the area is not a nonattainment or mainte- ‘‘periodically, according to a schedule that Federal funds within the State under section nance area as described in section 149(b) for the Secretary determines to be appropriate,’’ 149 of title 23, United States Code, have emis- ozone or carbon monoxide, but is an area and inserting ‘‘every 4 years (or more fre- sion reduction strategies for fleets that are— designated nonattainment under the PM–2.5 quently, in a case in which the metropolitan (A) used in construction projects located in standard.’’; planning organization elects to update a nonattainment and maintenance areas; and (3) by striking subparagraph (C) and insert- transportation plan more frequently) in (B) funded under title 23, United States ing the following: areas designated as nonattainment, as de- Code. ‘‘(C) ADDITIONAL ADJUSTMENT FOR CARBON fined in section 107(d) of the Clean Air Act (2) EMISSION REDUCTION STRATEGIES.—The MONOXIDE AREAS.—If, in addition to being (42 U.S.C. 7407(d)), and in areas that were Administrator of the Environmental Protec- designated as a nonattainment or mainte- nonattainment that have been redesignated tion Agency, in consultation with the Sec- nance area for ozone as described in section to attainment in accordance with section retary, shall develop a nonbinding list of 149(b), any county within the area was also 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)), emission reduction strategies and supporting classified under subpart 3 of part D of title I with a maintenance plan under section 175A technical information for each strategy, in- of the Clean Air Act (42 U.S.C. 7512 et seq.) as of that Act (42 U.S.C. 7505a), or every 5 years cluding— a nonattainment or maintenance area de- (or more frequently, in a case in which the (A) contract preferences; scribed in section 149(b) for carbon mon- metropolitan planning organization elects to (B) requirements for the use of anti-idling oxide, the weighted nonattainment or main- update a transportation plan more fre- equipment; tenance area population of the county, as de- quently) in areas designated as attainment (C) diesel retrofits; and termined under clauses (i) through (vi) or (as defined in section 107(d) of that Act (42 (D) such other matters as the Adminis- clause (viii) of subparagraph (B), shall be fur- U.S.C. 7407(d))),’’. trator of the Environmental Protection ther multiplied by a factor of 1.2.’’; (2) METROPOLITAN TRANSPORTATION IM- Agency, in consultation with the Secretary, (4) by redesignating subparagraph (D) and PROVEMENT PROGRAM.—Section 134(h) of title determine to be appropriate. (E) as subparagraphs (E) and (F) respec- 23, United States Code, is amended— (3) USE OF CMAQ FUNDS.—A State may use tively; and (A) in paragraph (1)(D), by striking ‘‘2 funds made available under this title and (5) by inserting after subparagraph (C) the years’’ and inserting ‘‘4 years’’; and title 23, United States Code, for the conges- following: (B) in paragraph (2)(A), by striking ‘‘3- tion mitigation and air quality program ‘‘(D) ADDITIONAL ADJUSTMENT FOR PM 2.5 year’’ and inserting ‘‘4-year’’. under section 149 of title 23, United States AREAS.—If, in addition to being designated as (3) STATEWIDE TRANSPORTATION IMPROVE- Code, to ensure the deployment of the emis- a nonattainment or maintenance area for MENT PROGRAM.—Section 135(f)(1)(A) of title sion reduction strategies described in para- ozone or carbon monoxide, or both as de- 23, United States Code, is amended by insert- graph (1). scribed in section 149(b), any county within ing after ‘‘program’’ the following: ‘‘(which the area was also designated under the PM– SEC. 1613. IMPROVED INTERAGENCY CONSULTA- program shall cover a period of 4 years and TION. 2.5 standard as a nonattainment or mainte- be updated every 4 years)’’. nance area, the weighted nonattainment or Section 149 of title 23, United States Code, (4) FINAL REGULATIONS.—Not later than 18 maintenance area population of those coun- is amended by adding at the end the fol- months after the date of enactment of the ties shall be further multiplied by a factor of lowing: Safe, Accountable, Flexible, and Efficient 1.2.’’. ‘‘(g) INTERAGENCY CONSULTATION.—The Transportation Equity Act of 2005, the Sec- (b) CONFORMING AMENDMENT.—Section Secretary shall encourage States and metro- retary shall promulgate regulations that are 149(c)(2) of title 23, United States Code, is politan planning organizations to consult consistent with the amendments made by amended by striking ‘‘104(b)(2)(D)’’ and in- with State and local air quality agencies in this subsection. serting ‘‘104(b)(2)(E)’’. nonattainment and maintenance areas on (b) SYNCHRONIZED CONFORMITY DETERMINA- SEC. 1612. ADDITION TO CMAQ-ELIGIBLE the estimated emission reductions from pro- TION.—Section 176(c) of the Clean Air Act (42 PROJECTS. posed congestion mitigation and air quality U.S.C. 7506(c)) is amended— (a) ELIGIBLE PROJECTS.—Section 149(b) of improvement programs and projects.’’. (1) in paragraph (2)— title 23, United States Code, is amended— SEC. 1614. EVALUATION AND ASSESSMENT OF (A) by striking ‘‘(2) Any transportation (1) in the matter preceding paragraph CMAQ PROJECTS. plan’’ and inserting the following: (1)(A), by inserting ‘‘or is required to pre- Section 149 of title 23, United States Code, ‘‘(2) TRANSPORTATION PLANS AND PRO- pare, and file with the Administrator of the is amended by adding at the end the fol- GRAMS.—Any transportation plan’’; Environmental Protection Agency, mainte- lowing: (B) in subparagraph (C)(iii), by striking the nance plans under the Clean Air Act (42 ‘‘(h) EVALUATION AND ASSESSMENT OF period at the end and inserting a semicolon; U.S.C. 7401 et seq.),’’ after ‘‘1997,’’; PROJECTS.— (C) in subparagraph (D)—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4684 CONGRESSIONAL RECORD — SENATE May 9, 2005 (i) by striking ‘‘Any project’’ and inserting ‘‘(II) access to and from major planned de- standards in the area substantially affected ‘‘any transportation project’’; and velopments, including new retail malls, by the project. (ii) by striking the period at the end and sports complexes, or transportation termi- ‘‘(B) DETERMINATION FOR A TRANSPORTATION inserting ‘‘; and’’; and nals; and PROJECT IN A CARBON MONOXIDE NONATTAIN- (D) by adding at the end the following: ‘‘(III) most transportation terminals. MENT AREA.—A determination under subpara- ‘‘(E) the appropriate metropolitan plan- ‘‘(ii) PRINCIPAL ARTERIALS AND FIXED graph (A)(ii)(II)(bb) may be made as part of ning organization shall redetermine con- GUIDEWAYS.—The term ‘regionally signifi- either the conformity determination for the formity of existing transportation plans and cant project’ includes, at a minimum— transportation program or for the individual programs not later than 2 years after the ‘‘(I) all principal arterial highways; and transportation project taken as a whole dur- date on which the Administrator— ‘‘(II) all fixed guideway transit facilities ing the environmental review phase of trans- ‘‘(i) finds a motor vehicle emissions budget that offer an alternative to regional highway portation project development.’’. to be adequate in accordance with section travel. SEC. 1617. REDUCED BARRIERS TO AIR QUALITY 93.118(e)(4) of title 40, Code of Federal Regu- ‘‘(iii) ADDITIONAL PROJECTS.—The inter- IMPROVEMENTS. lations (as in effect on October 1, 2004); agency consultation process and procedures Section 176(c) of the Clean Air Act (42 ‘‘(ii) approves an implementation plan that described in section 93.105(c) of title 40, Code U.S.C. 7506(c)) (as amended by section 1615(b)(4)) is amended— establishes a motor vehicle emissions budg- of Federal Regulations (as in effect on Octo- (1) by redesignating paragraph (8) as para- et, if that budget has not yet been used in a ber 1, 2004), shall be used to make determina- graph (9); and conformity determination prior to approval; tions as to whether minor arterial highways and other transportation projects should be (2) by inserting after paragraph (7) the fol- or considered ‘regionally significant projects’. lowing: ‘‘(iii) promulgates an implementation plan ‘‘(iv) EXCLUSIONS.—The term ‘regionally ‘‘(8) SUBSTITUTION FOR TRANSPORTATION that establishes or revises a motor vehicle significant project’ does not include any CONTROL MEASURES.— emissions budget.’’; project of a type listed in sections 93.126 or ‘‘(A) IN GENERAL.—Transportation control (2) in paragraph (4)(B)(ii), by striking ‘‘but 127 of title 40, Code of Federal Regulations measures that are specified in an implemen- in no case shall such determinations for (as in effect on October 1, 2004). tation plan may be replaced or added to the transportation plans and programs be less ‘‘(B) SIGNIFICANT REVISION.—The term ‘sig- implementation plan with alternate or addi- frequent than every 3 years; and’’ and insert- nificant revision’ means— tional transportation control measures if— ing ‘‘but the frequency for making con- ‘‘(i) with respect to a regionally significant ‘‘(i) the substitute measures achieve equiv- formity determinations on updated transpor- project, a significant change in design con- alent or greater emissions reductions than tation plans and programs shall be every 4 cept or scope to the project; and the control measure to be replaced, as dem- years, except in a case in which— ‘‘(ii) with respect to any other kind of onstrated with an analysis that is consistent ‘‘(I) the metropolitan planning organiza- project, a change that converts a project with the current methodology used for eval- tion elects to update a transportation plan that is not a regionally significant project uating the replaced control measure in the or program more frequently; or into a regionally significant project. implementation plan; ‘‘(II) the metropolitan planning organiza- ‘‘(C) TRANSPORTATION PROJECT.—The term ‘‘(ii) the substitute control measures are tion is required to determine conformity in ‘transportation project’ includes only a implemented— accordance with paragraph (2)(E); and’’; project that is— ‘‘(I) in accordance with a schedule that is (3) in paragraph (4)(B)— ‘‘(i) a regionally significant project; or consistent with the schedule provided for (A) in clause (ii), by striking ‘‘and’’ at the ‘‘(ii) a project that makes a significant re- control measures in the implementation end; vision to an existing project.’’. plan; or (B) in clause (iii), by striking the period at SEC. 1616. TRANSITION TO NEW AIR QUALITY ‘‘(II) if the implementation plan date for the end and inserting ‘‘; and’’; and STANDARDS. implementation of the control measure to be (C) by adding at the end the following: Section 176(c) of the Clean Air Act (42 replaced has passed, as soon as practicable ‘‘(iv) address the effects of the most recent U.S.C. 7506(c)) is amended by striking para- after the implementation plan date but not population, economic, employment, travel, graph (3) and inserting the following: later than the date on which emission reduc- transit ridership, congestion, and induced ‘‘(3) METHODS OF CONFORMITY DETERMINA- tions are necessary to achieve the purpose of travel demand information in the develop- TION BEFORE BUDGET IS AVAILABLE.— the implementation plan; ment and application of the latest travel and ‘‘(A) IN GENERAL.—Until such time as a ‘‘(iii) the substitute and additional control emissions models.’’; and motor vehicle emission budget from an im- measures are accompanied with evidence of (4) by adding at the end the following: plementation plan submitted for a national adequate personnel, funding, and authority ‘‘(7) CONFORMITY HORIZON FOR TRANSPOR- ambient air quality standard is determined under State or local law to implement, mon- TATION PLANS.— to be adequate in accordance with section itor, and enforce the control measures; ‘‘(A) IN GENERAL.—For the purposes of this 93.118(e)(4) of title 40, Code of Federal Regu- ‘‘(iv) the substitute and additional control section, a transportation plan in a non- lations (as in effect on October 1, 2004), or measures were developed through a collabo- attainment or maintenance area shall be the submitted implementation plan is ap- rative process that included— considered to be a transportation plan or a proved, conformity of such a plan, program, ‘‘(I) participation by representatives of all portion of a transportation plan that extends or project shall be demonstrated, in accord- affected jurisdictions (including local air for the longest of the following periods: ance with clauses (i) and (ii) and as selected pollution control agencies, the State air pol- ‘‘(i) The first 10-year period of any such through the consultation process required lution control agency, and State and local transportation plan. under paragraph (4)(D)(i), with— transportation agencies); ‘‘(ii) The latest year in the implementation ‘‘(i) a motor vehicle emission budget that ‘‘(II) consultation with the Administrator; plan applicable to the area that contains a has been found adequate in accordance with and motor vehicle emission budget. section 93.118(e)(4) of title 40, Code of Federal ‘‘(III) reasonable public notice and oppor- ‘‘(iii) The year after the completion date of Regulations (as in effect on October 1, 2004), tunity for comment; and a regionally significant project, if the or that has been approved, from an imple- ‘‘(v) the metropolitan planning organiza- project requires approval before the subse- mentation plan for the most recent prior ap- tion, State air pollution control agency, and quent conformity determination. plicable national ambient air quality stand- the Administrator concur with the equiva- ‘‘(B) EXCEPTION.—In a case in which an ard addressing the same pollutant; or lency of the substitute or additional control area has a revision to an implementation ‘‘(ii) other such tests as the Administrator measures. plan under section 175A(b) and the Adminis- shall determine to ensure that— ‘‘(B) ADOPTION.—After carrying out sub- trator has found the motor vehicle emissions ‘‘(I) the transportation plan or program— paragraph (A), a State shall adopt the sub- budgets from that revision to be adequate in ‘‘(aa) is consistent with the most recent es- stitute or additional transportation control accordance with section 93.118(e)(4) of title timates of mobile source emissions; measure in the applicable implementation 40, Code of Federal Regulations (as in effect ‘‘(bb) provides for the expeditious imple- plan. on October 1, 2004), or has approved the revi- mentation of transportation control meas- ‘‘(C) NO REQUIREMENT FOR EXPRESS PERMIS- sion, the transportation plan shall be consid- ures in the applicable implementation plan; SION.—The substitution or addition of a ered to be a transportation plan or portion of and transportation control measure in accord- a transportation plan that extends through ‘‘(cc) with respect to an ozone or carbon ance with this paragraph shall not be contin- the last year of the implementation plan re- monoxide nonattainment area, contributes gent on there being any provision in the im- quired under section 175A(b). to annual emissions reductions consistent plementation plan that expressly permits ‘‘(8) DEFINITIONS.—In this subsection: with sections 182(b)(1) and 187(a)(7); and such a substitution or addition. ‘‘(A) REGIONALLY SIGNIFICANT PROJECT.— ‘‘(II) the transportation project— ‘‘(D) NO REQUIREMENT FOR NEW CONFORMITY ‘‘(i) IN GENERAL.—The term ‘regionally sig- ‘‘(aa) comes from a conforming transpor- DETERMINATION.—The substitution or addi- nificant project’ means a transportation tation plan and program described in this tion of a transportation control measure in project that is on a facility that serves a re- subparagraph; and accordance with this paragraph shall not regional transportation need, including— ‘‘(bb) in a carbon monoxide nonattainment quire— ‘‘(I) access to and from the area outside of area, eliminates or reduces the severity and ‘‘(i) a new conformity determination for the region; number of violations of the carbon monoxide the transportation plan; or

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4685 ‘‘(ii) a revision of the implementation plan. health regardless of the source of the air pol- SEC. 1620. HIGHWAY STORMWATER DISCHARGE ‘‘(E) CONTINUATION OF CONTROL MEASURE lution; and MITIGATION PROGRAM. BEING REPLACED.—A control measure that is ‘‘(v) the principle that air quality data (a) HIGHWAY STORMWATER MITIGATION being replaced by a substitute control meas- should be carefully screened to ensure that PROJECTS.—Section 133(d) of title 23, United ure under this paragraph shall remain in ef- events not likely to recur are represented ac- States Code (as amended by section fect until the substitute control measure is curately in all monitoring data and analyses. 1401(a)(2)(B)), is amended by adding at the adopted by the State pursuant to subpara- ‘‘(B) REQUIREMENTS.—Regulations promul- end the following: graph (B). gated under this section shall, at a min- ‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI- ‘‘(F) EFFECT OF ADOPTION.—Adoption of a imum, provide that— GATION PROJECTS.—Of the amount appor- substitute control measure shall constitute ‘‘(i) the occurrence of an exceptional event tioned to a State under section 104(b)(3) for a rescission of the previously applicable con- must be demonstrated by reliable, accurate fiscal year, 2 percent shall be available only trol measure.’’. data that is promptly produced and provided for projects and activities carried out under SEC. 1618. AIR QUALITY MONITORING DATA IN- by Federal, State, or local government agen- section 167.’’. FLUENCED BY EXCEPTIONAL cies; (b) HIGHWAY STORMWATER DISCHARGE MITI- EVENTS. ‘‘(ii) a clear causal relationship must exist GATION PROGRAM.—Subchapter I of chapter 1 (a) IN GENERAL.—Section 319 of the Clean between the measured exceedances of a na- of title 23, United States Code (as amended Air Act (42 U.S.C. 7619) is amended— tional ambient air quality standard and the by section 1601(a)), is amended by adding at (1) by striking the section heading and all exceptional event to demonstrate that the the end the following: that follows through ‘‘after notice and op- exceptional event caused a specific air pollu- ‘‘§ 167. Highway stormwater discharge mitiga- portunity for public hearing’’ and inserting tion concentration at a particular air qual- tion program ity monitoring location; the following: ‘‘(a) DEFINITIONS.—In this section: ‘‘(iii) there is a public process for deter- ‘‘SEC. 319. AIR QUALITY MONITORING. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- mining whether an event is exceptional; and ‘‘(a) IN GENERAL.—After notice and oppor- ‘‘(iv) there are criteria and procedures for trator’ means the Administrator of the Envi- tunity for public hearing’’; and the Governor of a State to petition the Ad- ronmental Protection Agency. (2) by adding at the end the following: ministrator to exclude air quality moni- ‘‘(2) ELIGIBLE MITIGATION PROJECT.—The ‘‘(b) AIR QUALITY MONITORING DATA INFLU- toring data that is directly due to excep- term ‘eligible mitigation project’ means a ENCED BY EXCEPTIONAL EVENTS.— tional events from use in determinations by practice or technique that— ‘‘(1) DEFINITION OF EXCEPTIONAL EVENT.—In the Environmental Protection Agency with ‘‘(A) improves stormwater discharge water this section: respect to exceedances or violations of the quality; ‘‘(A) IN GENERAL.—The term ‘exceptional national ambient air quality standards. ‘‘(B) attains preconstruction hydrology; event’ means an event that— ‘‘(4) INTERIM PROVISION.—Until the effec- ‘‘(C) promotes infiltration of stormwater ‘‘(i) affects air quality; tive date of a regulation promulgated under into groundwater; ‘‘(ii) is not reasonably controllable or pre- paragraph (2), the following guidance issued ‘‘(D) recharges groundwater; ventable; by the Administrator shall continue to ‘‘(E) minimizes stream bank erosion; ‘‘(iii) is— apply: ‘‘(F) promotes natural filters; ‘‘(I) a natural event; or ‘‘(A) Guidance on the identification and ‘‘(G) otherwise mitigates water quality im- ‘‘(II) an event caused by human activity use of air quality data affected by excep- pacts of highway stormwater discharges, im- that is unlikely to recur at a particular loca- tional events (July 1986). proves surface water quality, or enhances tion; and ‘‘(B) Areas affected by PM–10 natural groundwater recharge; or ‘‘(iv) is determined by the Administrator events, May 30, 1996. ‘‘(H) reduces flooding caused by highway through the process established in the regu- ‘‘(C) Appendices I, K, and N to part 50 of stormwater discharge. lations promulgated under paragraph (2) to title 40, Code of Federal Regulations.’’. ‘‘(3) FEDERAL-AID HIGHWAY AND ASSOCIATED be an exceptional event. SEC. 1619. CONFORMING AMENDMENTS. FACILITY.—The term ‘Federal-aid highway ‘‘(B) EXCLUSIONS.—The term ‘exceptional Section 176(c)(4) of the Clean Air Act (42 and associated facility’ means— event’ does not include— U.S.C. 7506(c)(4) is amended— ‘‘(A) a Federal-aid highway; or ‘‘(i) stagnation of air masses or meteoro- (1) by redesignating subparagraphs (B) ‘‘(B) a facility or land owned by a State (or logical inversions; through (D) as subparagraphs (D) through political subdivision of a State) that is di- ‘‘(ii) a meteorological event involving high (F), respectively; rectly associated with the Federal-aid high- temperatures or lack of precipitation; or (2) by striking ‘‘(4)(A) No later than one way. ‘‘(iii) air pollution relating to source non- year after the date of enactment of the Clean ‘‘(4) HIGHWAY STORMWATER DISCHARGE.— compliance. Air Act Amendments of 1990, the Adminis- The term ‘highway stormwater discharge’ ‘‘(2) REGULATIONS.— trator shall promulgate’’ and inserting the means stormwater discharge from a Federal- ‘‘(A) PROPOSED REGULATIONS.—Not later following: aid highway, or a Federal-aid highway and than March 1, 2006, after consultation with ‘‘(4) CRITERIA AND PROCEDURES FOR DETER- associated facility, that was constructed be- Federal land managers and State air pollu- MINING CONFORMITY.— fore the date of enactment of this section. tion control agencies, the Administrator ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(5) HIGHWAY STORMWATER DISCHARGE MITI- shall publish in the Federal Register pro- promulgate, and periodically update,’’; GATION.—The term ‘highway stormwater disposed regulations governing the review and (3) in subparagraph (A)— charge mitigation’ means— handling of air quality monitoring data in- (A) in the second sentence, by striking ‘‘No ‘‘(A) the reduction of water quality im- fluenced by exceptional events. later than one year after such date of enact- pacts of stormwater discharges from Fed- ‘‘(B) FINAL REGULATIONS.—Not later than 1 ment, the Administrator, with the concur- eral-aid highways or Federal-aid highways year after the date on which the Adminis- rence of the Secretary of Transportation, and associated facilities; or trator publishes proposed regulations under shall promulgate’’ and inserting the fol- ‘‘(B) the enhancement of groundwater re- subparagraph (A), and after providing an op- lowing: charge from stormwater discharges from portunity for interested persons to make ‘‘(B) TRANSPORTATION PLANS, PROGRAMS, Federal-aid highways or Federal-aid high- oral presentations of views, data, and argu- AND PROJECTS.—The Administrator, with the ways and associated facilities. ments regarding the proposed regulations, concurrence of the Secretary of Transpor- ‘‘(6) PROGRAM.—The term ‘program’ means the Administrator shall promulgate final tation, shall promulgate, and periodically the highway stormwater discharge mitiga- regulations governing the review and han- update,’’; and tion program established under subsection dling or air quality monitoring data influ- (B) in the third sentence, by striking ‘‘A (b). enced by an exceptional event that are con- suit’’ and inserting the following: ‘‘(b) ESTABLISHMENT.—The Secretary shall sistent with paragraph (3). ‘‘(C) CIVIL ACTION TO COMPEL PROMULGA- establish a highway stormwater discharge ‘‘(3) PRINCIPLES AND REQUIREMENTS.— TION.—A civil action’’; and mitigation program— ‘‘(A) PRINCIPLES.—In promulgating regula- (4) by striking subparagraph (E) (as redes- ‘‘(1) to improve the quality of stormwater tions under this section, the Administrator ignated by paragraph (1)) and inserting the discharge from Federal-aid highways or Fed- shall follow— following: eral-aid highways and associated facilities; ‘‘(i) the principle that protection of public ‘‘(E) INCLUSION OF CRITERIA AND PROCE- and health is the highest priority; DURES IN SIP.—Not later than 2 years after ‘‘(2) to enhance groundwater recharge. ‘‘(ii) the principle that timely information the date of enactment of the Safe, Account- ‘‘(c) PRIORITY OF PROJECTS.—For projects should be provided to the public in any case able, Flexible, and Efficient Transportation funded from the allocation under section in which the air quality is unhealthy; Equity Act of 2005, the procedures under sub- 133(d)(6), a State shall give priority to ‘‘(iii) the principle that all ambient air paragraph (A) shall include a requirement projects sponsored by a State or local gov- quality data should be included in a timely that each State include in the State imple- ernment that assist the State or local gov- manner, an appropriate Federal air quality mentation plan criteria and procedures for ernment in complying with the Federal database that is accessible to the public; consultation in accordance with the Admin- Water Pollution Control Act (33 U.S.C. 1251 ‘‘(iv) the principle that each State must istrator’s criteria and procedures for con- et seq.). take necessary measures to safeguard public sultation required by subparagraph (D)(i).’’. ‘‘(d) GUIDANCE.—

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‘‘(1) IN GENERAL.—Not later than 180 days Section 149(b)(5) of title 23, United States dustry, and other interested parties to im- after the date of enactment of this section, Code, is amended by inserting ‘‘improve prove regional collaboration and real-time the Secretary, in consultation with the Ad- transportation systems management and op- information sharing between managers and ministrator, shall issue guidance to assist erations,’’ after ‘‘intersections,’’. operators of major modes of transportation, States in carrying out this section. (c) TRANSPORTATION SYSTEMS MANAGEMENT public safety officials, emergency managers, ‘‘(2) REQUIREMENTS FOR GUIDANCE.—The AND OPERATIONS.— and the general public to increase the secu- guidance issued under paragraph (1) shall in- (1) IN GENERAL.—Subchapter I of chapter 1 rity, safety, and reliability of Federal-aid clude information concerning innovative of title 23, United States Code (as amended highways. technologies and nonstructural best manage- by section 1620(b)), is amended by adding at ‘‘(d) GUIDANCE; REGULATIONS.— ment practices to mitigate highway the end the following: ‘‘(1) IN GENERAL.—In carrying out the pro- stormwater discharges.’’. ‘‘§ 168. Transportation systems management gram under subsection (a), the Secretary (c) CONFORMING AMENDMENT.—The analysis and operations may issue guidance or promulgate regula- for subchapter I of chapter 1 of title 23, tions for the procurement of transportation ‘‘(a) IN GENERAL.—The Secretary shall system management and operations facili- United States Code (as amended by section carry out a transportation systems manage- ties, equipment, and services, including— 1601(b), is amended by inserting after the ment and operations program to— ‘‘(A) equipment procured in preparation for item relating to section 166 the following: ‘‘(1) ensure efficient and effective manage- natural disasters, disasters caused by human ‘‘167. Highway stormwater discharge mitiga- ment and operation of transportation sys- activity, and emergencies; tion program.’’. tems through collaboration, coordination, ‘‘(B) system hardware; SEC. 1621. FUNDS FOR REBUILDING FISH and real-time information sharing at a re- ‘‘(C) software; and STOCKS. gional and Statewide level among— ‘‘(D) software integration services. Section 105 of the Miscellaneous Appro- ‘‘(A) managers and operators of major ‘‘(2) CONSIDERATIONS.—In developing the priations and Offsets Act, 2004 (Division H of modes of transportation; guidance or regulations under paragraph (1), the Consolidated Appropriations Act, 2004 ‘‘(B) public safety officials; and the Secretary may consider innovative pro- (Public Law 108–199)) is repealed. ‘‘(C) the general public; and curement methods that support the timely SEC. 1622. FEDERAL PROCUREMENT OF RECY- ‘‘(2) manage and operate transportation and streamlined execution of transportation CLED COOLANT. systems in a coordinated manner to preserve system management and operations pro- (a) IN GENERAL.—Not later than 90 days the capacity and maximize the performance grams and projects. after the date of enactment of this Act, the of transportation facilities for travelers and ‘‘(3) FINANCIAL ASSISTANCE.—The Secretary President shall conduct a review of Federal carriers. may authorize the use of funds made avail- procurement policy of off-site recycled cool- ‘‘(b) AUTHORIZED ACTIVITIES.— able under section 104(b)(3) to provide assistant. ‘‘(1) IN GENERAL.—In carrying out the pro- (b) ELEMENTS.—In conducting the review gram under subsection (a), the Secretary ance for regional operations collaboration under subsection (a), the President shall con- may carry out activities to— and coordination activities that are associ- sider recycled coolant produced from proc- ‘‘(A) encourage managers and operators of ated with regional improvements, such as— esses that— major modes of transportation, public safety ‘‘(A) traffic incident management; (1) are energy efficient; officials, and transportation planners in ur- ‘‘(B) technology deployment; (2) generate no hazardous waste (as defined banized areas that are responsible for con- ‘‘(C) emergency management and response; in section 1004 of the Solid Waste Disposal ducting the day-to-day management, oper- ‘‘(D) traveler information; and Act (42 U.S.C. 6903)); ations, public safety, and planning of trans- ‘‘(E) congestion relief.’’. (3) produce no emissions of air pollutants; portation facilities and services to collabo- (2) CONFORMING AMENDMENT.—The analysis (4) present lower health and safety risks to rate on and coordinate, on a regional level for subchapter I of chapter 1 of title 23, employees at a plant or facility; and and in a continuous and sustained manner, United States Code (as amended by section (5) recover at least 97 percent of the glycols improved transportation systems manage- 1620(c)), is amended by adding at the end: from used antifreeze feedstock. ment and operations; and ‘‘168. Transportation systems management Subtitle G—Operations ‘‘(B) encourage States to— and operations.’’. SEC. 1701. TRANSPORTATION SYSTEMS MANAGE- ‘‘(i) establish a system of basic real-time SEC. 1702. REAL-TIME SYSTEM MANAGEMENT IN- MENT AND OPERATIONS. monitoring for the surface transportation FORMATION PROGRAM. (a) SURFACE TRANSPORTATION PROGRAM system; and (a) IN GENERAL.—Subchapter I of chapter 1 ELIGIBILITY.—Section 133(b) of title 23, ‘‘(ii) provide the means to share the data of title 23, United States Code (as amended United States Code (as amended by section gathered under clause (i) among— by section 1701(c)(1)), is amended by adding 1601(a)(2)), is amended by adding at the end ‘‘(I) highway, transit, and public safety at the end the following: the following: agencies; ‘‘§ 169. Real-time system management infor- ‘‘(16) Regional transportation operations ‘‘(II) jurisdictions (including States, cities, mation program collaboration and coordination activities counties, and metropolitan planning organi- ‘‘(a) IN GENERAL.—The Secretary shall that are associated with regional improve- zations); carry out a real-time system management ments, such as traffic incident management, ‘‘(III) private-sector entities; and information program to— technology deployment, emergency manage- ‘‘(IV) the general public. ‘‘(1) provide a nationwide system of basic ment and response, traveler information, and ‘‘(2) ACTIVITIES.—Activities to be carried real-time information for managing and op- regional congestion relief. out under paragraph (1) include— erating the surface transportation system; ‘‘(17) RUSH HOUR CONGESTION RELIEF.— ‘‘(A) developing a regional concept of oper- ‘‘(2)(A) identify long-range real-time high- ‘‘(A) IN GENERAL.—Subject to subparagraph ations that defines a regional strategy way and transit monitoring needs; and (B), a State may spend the funds apportioned shared by all transportation and public safe- ‘‘(B) develop plans and strategies for meet- under this section to reduce traffic delays ty participants with respect to the manner ing those needs; caused by motor vehicle accidents and in which the transportation systems of the ‘‘(3) provide the capability and means to breakdowns on highways during peak driving region should be managed, operated, and share the basic real-time information with times. measured; State and local governments and the trav- ‘‘(B) USE OF FUNDS.—A State, metropolitan ‘‘(B) the sharing of information among op- eling public; and planning organization, or local government erators, service providers, public safety offi- ‘‘(4) provide the nationwide capability to may use the funds under subparagraph (A)— cials, and the general public; and monitor, in real-time, the traffic and travel ‘‘(i) to develop a region-wide coordinated ‘‘(C) guiding, in a regionally-coordinated conditions of major highways in the United plan to mitigate traffic delays caused by manner and in a manner consistent with and States, and to share that information with motor vehicle accidents and breakdowns; integrated into the metropolitan and state- State and local governments and the trav- ‘‘(ii) to purchase or lease telecommuni- wide transportation planning processes and eling public, to— cations equipment for first responders; regional intelligent transportation system ‘‘(A) improve the security of the surface ‘‘(iii) to purchase or lease towing and re- architecture, the implementation of regional transportation system; covery services; transportation system management and op- ‘‘(B) address congestion problems; ‘‘(iv) to pay contractors for towing and re- erations initiatives, including— ‘‘(C) support improved response to weather covery; ‘‘(i) emergency evacuation and response; events; and ‘‘(v) to rent vehicle storage areas adjacent ‘‘(ii) traffic incident management; ‘‘(D) facilitate the distribution of national to roadways; ‘‘(iii) technology deployment; and and regional traveler information. ‘‘(vi) to fund service patrols, equipment, ‘‘(iv) traveler information systems deliv- ‘‘(b) DATA EXCHANGE FORMATS.—Not later and operations; ery. than 1 year after the date of enactment of ‘‘(vii) to purchase incident detection equip- ‘‘(c) COOPERATION.—In carrying out the this section, the Secretary shall establish ment; program under subsection (a), the Secretary data exchange formats to ensure that the ‘‘(viii) to carry out training.’’. may assist and cooperate with other Federal data provided by highway and transit moni- (b) CONGESTION MITIGATION AND AIR QUAL- agencies, State and local governments, met- toring systems (including statewide incident ITY IMPROVEMENT PROGRAM ELIGIBILITY.— ropolitan planning organizations, private in- reporting systems) can readily be exchanged

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(b) SPECIAL DESIGNATION.—For the purpose ‘‘(B) MINIMUM REQUIREMENTS.—At a min- ‘‘(c) STATEWIDE INCIDENT REPORTING SYS- of any applicable program under title 23, imum, the program shall monitor and re- TEM.—Not later than 2 years after the date of United States Code, the city of Norman, spond to all areas relating to financial integ- enactment of this section, or not later than Oklahoma, shall be considered to be part of rity and project delivery. 5 years after the date of enactment of this the Oklahoma City urbanized area. ‘‘(2) FINANCIAL INTEGRITY.— section if the Secretary determines that ade- Subtitle H—Federal-Aid Stewardship ‘‘(A) FINANCIAL MANAGEMENT SYSTEMS.— quate real-time communications capability SEC. 1801. FUTURE INTERSTATE SYSTEM ‘‘(i) IN GENERAL.—The Secretary shall per- will not be available within 2 years after the ROUTES. form annual reviews of the financial man- date of enactment of this section, each State Section 103(c)(4)(B) of title 23, United agement systems of State transportation de- shall establish a statewide incident reporting States Code, is amended— partments that affect projects approved system to facilitate the real-time electronic (1) in clause (ii), by striking ‘‘12’’ and in- under subsection (a). reporting of highway and transit incidents to serting ‘‘20’’; and ‘‘(ii) REVIEW AREAS.—In carrying out a central location for use in— (2) in clause (iii)— clause (i), the Secretary shall use risk as- ‘‘(1) monitoring an incident; (A) in subclause (I), by striking ‘‘in the sessment procedures to identify areas to be ‘‘(2) providing accurate traveler informa- agreement between the Secretary and the reviewed. tion on the incident; and State or States’’; and ‘‘(B) PROJECT COSTS.—The Secretary ‘‘(3) responding to the incident as appro- (B) by adding at the end the following: shall— priate. ‘‘(III) EXISTING AGREEMENTS.—An agree- ‘‘(i) develop minimum standards for esti- ‘‘(d) REGIONAL ITS ARCHITECTURE.— ment described in clause (ii) that is entered mating project costs; and ‘‘(1) IN GENERAL.—In developing or updat- into before the date of enactment of this sub- ‘‘(ii) periodically evaluate practices of the ing regional intelligent transportation sys- paragraph shall be deemed to include the 20- States for— tem architectures under section 940.9 of title year time limitation described in that ‘‘(I) estimating project costs; 23, Code of Federal Regulations (or any suc- clause, regardless of any earlier construction ‘‘(II) awarding contracts; and cessor regulation), States and local govern- completion date in the agreement.’’. ‘‘(III) reducing project costs. ments shall address— SEC. 1802. STEWARDSHIP AND OVERSIGHT. ‘‘(C) RESPONSIBILITY OF THE STATES.— ‘‘(A) the real-time highway and transit in- (a) IN GENERAL.—Section 106 of title 23, ‘‘(i) IN GENERAL.—Each State shall be re- formation needs of the State or local govern- United States Code, is amended— sponsible for ensuring that subrecipients of ment, including coverage, monitoring sys- (1) by striking subsection (e) and inserting Federal funds within the State under this tems, data fusion and archiving, and meth- the following: section have— ods of exchanging or sharing information; ‘‘(e) VALUE ENGINEERING ANALYSIS.— ‘‘(I) sufficient accounting controls to prop- and ‘‘(1) DEFINITION OF VALUE ENGINEERING erly manage the Federal funds; and ‘‘(B) the systems needed to meet those ANALYSIS.— ‘‘(II) adequate project delivery systems for needs. ‘‘(A) IN GENERAL.—In this subsection, the projects approved under this section. term ‘value engineering analysis’ means a ‘‘(2) DATA EXCHANGE FORMATS.—In devel- ‘‘(ii) REVIEW BY SECRETARY.—The Sec- oping or updating regional intelligent trans- systematic process of review and analysis of retary shall periodically review monitoring portation system architectures, States and a project, during the concept and design by the States of those subrecipients. phases, by a multidisciplined team of persons local governments are encouraged to incor- ‘‘(3) PROJECT DELIVERY.—The Secretary porate the data exchange formats developed not involved in the project, that is conducted shall— by the Secretary under subsection (b) to en- to provide recommendations such as those ‘‘(A) perform annual reviews of the project described in subparagraph (B) for— sure that the data provided by highway and delivery system of each State, including ‘‘(i) providing the needed functions safely, transit monitoring systems can readily be— analysis of 1 or more activities that are in- reliably, and at the lowest overall cost; ‘‘(A) exchanged between jurisdictions; and volved in the life cycle of a project; and ‘‘(ii) improving the value and quality of ‘‘(B) shared with the traveling public. ‘‘(B) employ risk assessment procedures to the project; and ‘‘(e) ELIGIBLE FUNDING.—Subject to project identify areas to be reviewed. ‘‘(iii) reducing the time to complete the approval by the Secretary, a State may— ‘‘(4) SPECIFIC OVERSIGHT RESPONSIBIL- project. ‘‘(1) use funds available to the State under ITIES.—Nothing in this section discharges or ‘‘(B) INCLUSIONS.—The recommendations section 505(a) to carry out activities relating otherwise affects any oversight responsi- referred to in subparagraph (A) include, with to the planning of real-time monitoring ele- bility of the Secretary— respect to a project— ments; and ‘‘(i) combining or eliminating otherwise in- ‘‘(A) specifically provided for under this ‘‘(2) use funds apportioned to the State efficient use of costly parts of the original title or other Federal law; or under paragraphs (1) and (3) of section 104(b) proposed design for the project; and ‘‘(B) for the design and construction of all to carry out activities relating to the plan- ‘‘(ii) completely redesigning the project Appalachian development highways under ning and deployment of real-time moni- using different technologies, materials, or section 14501 of title 40 or section 170 of this toring elements.’’. methods so as to accomplish the original title. (b) CONFORMING AMENDMENT.—The analysis purpose of the project. ‘‘(h) MAJOR PROJECTS.— for subchapter I of chapter 1 of title 23, ‘‘(2) ANALYSIS.—The State shall provide a ‘‘(1) IN GENERAL.—Notwithstanding any United States Code (as amended by section value engineering analysis or other cost-re- other provision of this section, a recipient of 1701(c)(2)), is amended adding at the end the duction analysis for— Federal financial assistance for a project following: ‘‘(A) each project on the Federal-Aid Sys- under this title with an estimated total cost ‘‘169. Real-time system management infor- tem with an estimated total cost of of $1,000,000,000 or more, and recipients for mation program.’’. $25,000,000 or more; such other projects as may be identified by SEC. 1703. CONTRACTING FOR ENGINEERING AND ‘‘(B) a bridge project with an estimated the Secretary, shall submit to the Secretary DESIGN SERVICES. total cost of $20,000,000 or more; and for each project— Section 112(b)(2) of title 23, United States ‘‘(C) any other project the Secretary deter- ‘‘(A) a project management plan; and Code, is amended— mines to be appropriate. ‘‘(B) an annual financial plan. (1) in subparagraph (A), by striking ‘‘title ‘‘(3) MAJOR PROJECTS.—The Secretary may ‘‘(2) PROJECT MANAGEMENT PLAN.—A 40’’ and all that follows through the period require more than 1 analysis described in project management plan shall document— and inserting ‘‘title 40.’’; paragraph (2) for a major project described in ‘‘(A) the procedures and processes that are (2) by striking subparagraph (B); subsection (h). in effect to provide timely information to (3) by redesignating subparagraphs (C) ‘‘(4) REQUIREMENTS.—Analyses described in the project decisionmakers to effectively through (F) as subparagraphs (B) through paragraph (1) for a bridge project shall— manage the scope, costs, schedules, and qual- (E), respectively; and ‘‘(A) include bridge substructure require- ity of, and the Federal requirements applica- (4) by striking subparagraph (G). ments based on construction material; and ble to, the project; and SEC. 1704. DESIGNATION OF TRANSPORTATION ‘‘(B) be evaluated— ‘‘(B) the role of the agency leadership and MANAGEMENT AREAS. ‘‘(i) on engineering and economic bases, management team in the delivery of the (a) FUNDING.—Section 134(d)(3)(C)(ii) of taking into consideration acceptable designs project. title 23, United States Code, is amended by for bridges; and ‘‘(3) FINANCIAL PLAN.—A financial plan striking subclause (II) and inserting the fol- ‘‘(ii) using an analysis of life-cycle costs shall— lowing: and duration of project construction.’’; and ‘‘(A) be based on detailed estimates of the ‘‘(II) FUNDING.—In addition to funds made (2) by striking subsections (g) and (h) and cost to complete the project; and available to the metropolitan planning orga- inserting the following: ‘‘(B) provide for the annual submission of nization for the Lake Tahoe Region under ‘‘(g) OVERSIGHT PROGRAM.— updates to the Secretary that are based on this title and chapter 53 of title 49, 1 percent ‘‘(1) PROGRAM.— reasonable assumptions, as determined by of all funds distributed under section 202 ‘‘(A) IN GENERAL.—The Secretary shall es- the Secretary, of future increases in the cost shall be used to carry out the transportation tablish an oversight program to monitor the to complete the project.

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‘‘(i) OTHER PROJECTS.—A recipient of Fed- (3) by striking ‘‘(a) CONGESTION’’ and all ‘‘(2) make such deposit with, or payment eral financial assistance for a project under that follows through subsection (a)(1)(B); to, the Federal agency as is required to meet this title that receives $100,000,000 or more in (4) by striking subsection (b); and the obligation of the State under the agree- Federal assistance for the project, and that (5) by inserting after the section heading ment for the work undertaken or to be un- is not covered by subsection (h), shall pre- the following: dertaken by the Federal agency. pare, and make available to the Secretary at ‘‘(a) IN GENERAL.—The Secretary may au- ‘‘(b) REIMBURSEMENT.—On execution of a the request of the Secretary, an annual fi- thorize a State to proceed with a project au- project agreement with a State described in nancial plan for the project.’’. thorized under this title— subsection (a), the Secretary may reimburse (b) CONFORMING AMENDMENTS.— ‘‘(1) without the use of Federal funds; and the State, using any available funds, for the (1) Section 114(a) of title 23, United States ‘‘(2) in accordance with all procedures and estimated Federal share under this title of Code, is amended— requirements applicable to the project other the obligation of the State deposited or paid (A) in the first sentence by striking ‘‘high- than those procedures and requirements that under subsection (a)(2).’’; and ways or portions of highways located on a limit the State to implementation of a (2) in the last sentence, by striking ‘‘Any Federal-aid system’’ and inserting ‘‘Federal- project— sums’’ and inserting the following: aid highway or a portion of a Federal-aid ‘‘(A) with the aid of Federal funds pre- ‘‘(c) RECOVERY AND CREDITING OF FUNDS.— highway’’; and viously apportioned or allocated to the Any sums’’. (B) by striking the second sentence and in- State; or (c) ALLOCATIONS.—Section 202 of title 23, United States Code, is amended— serting ‘‘The Secretary shall have the right ‘‘(B) with obligation authority previously (1) in subsection (a), by striking ‘‘(a) On to conduct such inspections and take such allocated to the State. October 1’’ and all that follows through corrective action as the Secretary deter- ‘‘(b) OBLIGATION OF FEDERAL SHARE.—The ‘‘Such allocation’’ and inserting the fol- mines to be appropriate.’’. Secretary, on the request of a State and exe- lowing: (2) Section 117 of title 23, United States cution of a project agreement, may obligate ‘‘(a) ALLOCATION BASED ON NEED.— Code, is amended— all or a portion of the Federal share of the ‘‘(1) IN GENERAL.—On October 1 of each fis- (A) by striking subsection (d); and project authorized under this section from cal year, the Secretary shall allocate sums (B) by redesignating subsections (e) any category of funds for which the project authorized to be appropriated for the fiscal through (h) as subsections (d) through (g), is eligible.’’. year for forest development roads and trails respectively. (b) OBLIGATION AND RELEASE OF FUNDS.— according to the relative needs of the various (c) SHARING FRAUD MONETARY RECOV- Section 118 of title 23, United States Code, is national forests and grasslands. ERIES.— amended by striking subsection (d) and in- ‘‘(2) PLANNING.—The allocation under para- (1) IN GENERAL.—Section 307 of title 49, serting the following: graph (1)’’; United States Code, is amended to read as ‘‘(d) OBLIGATION AND RELEASE OF FUNDS.— (2) by striking subsection (b) and inserting follows: ‘‘(1) IN GENERAL.—Funds apportioned or allocated to a State for a particular purpose the following: ‘‘§ 307. Sharing fraud monetary recoveries for any fiscal year shall be considered to be ‘‘(b) ALLOCATION FOR PUBLIC LANDS HIGH- ‘‘(a) IN GENERAL.—Notwithstanding any obligated if a sum equal to the total of the WAYS.— other provision of law— funds apportioned or allocated to the State ‘‘(1) PUBLIC LANDS HIGHWAYS.— ‘‘(1) monetary judgments accruing to the for that purpose for that fiscal year and pre- ‘‘(A) IN GENERAL.—On October 1 of each fis- Federal Government from judgments in Fed- vious fiscal years is obligated. cal year, the Secretary shall allocate 331⁄3 eral criminal prosecutions and civil judg- ‘‘(2) RELEASED FUNDS.—Any funds released percent of the sums authorized to be appro- ments pertaining to fraud in highway and by the final payment for a project, or by priated for that fiscal year for public lands transit programs shall be shared with the modifying the project agreement for a highways among those States having unap- State or local transit agency involved; and project, shall be— propriated or unreserved public lands, or ‘‘(2) the State or local transit agency shall ‘‘(A) credited to the same class of funds nontaxable Indian lands or other Federal res- use the funds for transportation infrastruc- previously apportioned or allocated to the ervations, on the basis of need in the States, ture and oversight activities relating to pro- State; and respectively, as determined by the Sec- grams authorized under title 23 and this ‘‘(B) immediately available for obligation. retary, on application of the State transpor- title. ‘‘(3) NET OBLIGATIONS.—Notwithstanding tation departments of the respective States. ‘‘(b) AMOUNT.—The amount of recovered any other provision of law (including a regu- ‘‘(B) PREFERENCE.—In making the alloca- funds to be shared with an affected State or lation), obligations recorded against funds tion under subparagraph (A), the Secretary local transit agency shall be— made available under this section shall be shall give preference to those projects that ‘‘(1) determined by the Attorney General, recorded and reported as net obligations.’’. are significantly impacted by Federal land in consultation with the Secretary; and SEC. 1805. SET-ASIDES FOR INTERSTATE DISCRE- and resource management activities that are ‘‘(2) considered to be Federal funds to be TIONARY PROJECTS. proposed by a State that contains at least 3 used in compliance with other relevant Fed- Section 118(c)(1) of title 23, United States percent of the total public land in the United eral transportation laws (including regula- Code, is amended— States. tions). (1) by striking ‘‘$50,000,000’’ and all that ‘‘(2) FOREST HIGHWAYS.— ‘‘(c) FRAUDULENT ACTIVITY.—Subsection (a) follows through ‘‘2003’’ and inserting ‘‘(A) IN GENERAL.—On October 1 of each fis- shall not apply in any case in which a State ‘‘$93,862,893 for each of fiscal years 2005 cal year, the Secretary shall allocate 662⁄3 or local transit agency is found by the Attor- through 2009’’; and percent of the funds authorized to be appro- ney General, in consultation with the Sec- (2) by striking ‘‘Transportation Equity Act priated for public lands highways for forest retary, to have been involved or negligent for the 21st Century’’ and inserting ‘‘Safe, highways in accordance with section 134 of with respect to the fraudulent activities.’’. Accountable, Flexible, and Efficient Trans- the Federal-Aid Highway Act of 1987 (23 (2) CONFORMING AMENDMENT.—The analysis portation Equity Act of 2005’’. U.S.C. 202 note; 101 Stat. 173). for chapter 3 of title 49, United States Code, SEC. 1806. FEDERAL LANDS HIGHWAYS PRO- ‘‘(B) PUBLIC ACCESS TO AND WITHIN NA- is amended by striking the item relating to GRAM. TIONAL FOREST SYSTEM.—In making the allo- section 307 and inserting the following: (a) FEDERAL SHARE PAYABLE.— cation under subparagraph (A), the Sec- ‘‘307. Sharing fraud monetary recoveries.’’. (1) IN GENERAL.—Section 120(k) of title 23, retary shall give equal consideration to United States Code, is amended— projects that provide access to and within SEC. 1803. DESIGN-BUILD CONTRACTING. (A) by striking ‘‘Federal-aid highway’’; and the National Forest System, as identified by Section 112(b)(3) of title 23, United States (B) by striking ‘‘section 104’’ and inserting the Secretary of Agriculture through— Code, is amended by striking subparagraph ‘‘this title or chapter 53 of title 49’’. ‘‘(i) renewable resource and land use plan- (C) and inserting the following: (2) TECHNICAL REFERENCES.—Section 120(l) ning; and ‘‘(C) QUALIFIED PROJECTS.—A qualified of title 23, United States Code, is amended by ‘‘(ii) assessments of the impact of that project referred to in subparagraph (A) is a striking ‘‘section 104’’ and inserting ‘‘this planning on transportation facilities.’’; project under this chapter (including inter- title or chapter 53 of title 49’’. (3) in subsection (c)— modal projects) for which the Secretary has (b) PAYMENTS TO FEDERAL AGENCIES FOR (A) by striking ‘‘(c) On’’ and inserting the approved the use of design-build contracting FEDERAL-AID PROJECTS.—Section 132 of title following: under criteria specified in regulations pro- 23, United States Code, is amended— ‘‘(c) PARK ROADS AND PARKWAYS.— mulgated by the Secretary.’’. (1) by striking the first 2 sentences and in- ‘‘(1) IN GENERAL.—On’’; and SEC. 1804. PROGRAM EFFICIENCIES—FINANCE. serting the following: (B) by adding at the end the following: (a) ADVANCE CONSTRUCTION.—Section 115 of ‘‘(a) IN GENERAL.—In a case in which a pro- ‘‘(2) PRIORITY.— title 23, United States Code, is amended— posed Federal-aid project is to be undertaken ‘‘(A) DEFINITION OF QUALIFYING NATIONAL (1) by redesignating subsection (c) as sub- by a Federal agency in accordance with an PARK.—In this paragraph, the term ‘‘quali- section (d); agreement between a State and the Federal fying national park’’ means a National Park (2) by redesignating subsections (a)(2), agency, the State may— that is used more than 1,000,000 recreational (a)(2)(A), and (a)(2)(B) as subsections (c), ‘‘(1) direct the Secretary to transfer the visitor days per year, based on an average of (c)(1), and (c)(2), respectively, and indenting funds for the Federal share of the project di- the 3 most recent years of available data appropriately; rectly to the Federal agency; or from the National Park Service.

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‘‘(B) PRIORITY.—Notwithstanding any the demonstration project carried out under available for obligation in the same manner other provision of law, with respect to funds clause (i). as if the funds were apportioned under chap- authorized for park roads and parkways, the ‘‘(bb) CONSORTIA.—Two or more Indian ter 1.’’; and Secretary shall give priority in the alloca- tribes that are otherwise eligible to partici- (ii) by striking subparagraph (D) and in- tion of funds to projects for highways that— pate in a program or activity to which this serting the following: ‘‘(i) are located in, or provide access to, a title applies may form a consortium to be ‘‘(D) APPROVAL REQUIREMENT.— qualifying National Park; and considered as a single Indian tribe for the ‘‘(i) IN GENERAL.—Subject to clause (ii), on ‘‘(ii) were initially constructed before 1940. purpose of becoming part of the applicant request by an Indian tribe or the Secretary ‘‘(C) PRIORITY CONFLICTS.—If there is a con- pool under subclause (II). of the Interior, the Secretary may make flict between projects described in subpara- ‘‘(cc) FUNDING.—An Indian tribe partici- funds available under this subsection for pre- graph (B), the Secretary shall give highest pating in the pilot program under this sub- liminary engineering for Indian reservation priority to projects that— paragraph shall receive funding in an road bridge projects. ‘‘(i) are in, or that provide access to, parks amount equal to the sum of the funding that ‘‘(ii) CONSTRUCTION AND CONSTRUCTION ENGI- that are adjacent to a National Park of a for- the Indian tribe would otherwise receive in NEERING.—The Secretary may make funds eign country; or accordance with the funding formula estab- available under clause (i) for construction ‘‘(ii) are located in more than 1 State;’’; lished under the other provisions of this sub- and construction engineering after approval (4) in subsection (d)— section, and an additional percentage of that of applicable plans, specifications, and esti- (A) in paragraph (1)— amount equal to the percentage of funds mates in accordance with this title.’’; and (i) in the paragraph heading, by striking withheld during the applicable fiscal year for (5) by adding at the end the following: ‘‘1999’’ and inserting ‘‘2005’’; and the road program management costs of the ‘‘(f) ADMINISTRATION OF INDIAN RESERVA- (ii) by striking ‘‘1999’’ and inserting ‘‘2005’’; Bureau of Indian Affairs under subsection TION ROADS.— (B) in paragraph (2)— (f)(1). ‘‘(1) CONTRACT AUTHORITY.—Notwith- (i) in the paragraph heading, by striking ‘‘(II) APPLICANT POOL.—The applicant pool standing any other provision of law, for any ‘‘2000’’ and inserting ‘‘2005’’; described in this subclause shall consist of fiscal year, not more than 6 percent of the (ii) in subparagraphs (A), (B), and (D), by each Indian tribe (or consortium) that— contract authority amounts made available striking ‘‘2000’’ each place it appears and in- ‘‘(aa) has successfully completed the plan- from the Highway Trust Fund to the Bureau serting ‘‘2005’’; ning phase described in subclause (IV); of Indian Affairs under this title shall be (iii) in subparagraph (B), by striking ‘‘1999’’ ‘‘(bb) has requested participation in the used to pay the expenses incurred by the Bu- each place it appears and inserting ‘‘2005’’; demonstration project under this subpara- reau in administering the Indian reservation and graph through the adoption of a resolution roads program (including the administrative (iv) by adding at the end the following: or other official action by the tribal gov- expenses relating to individual projects asso- ‘‘(E) TRANSFERRED FUNDS.— erning body; and ciated with the Indian reservation roads pro- ‘‘(i) IN GENERAL.—Not later than 30 days ‘‘(cc) has demonstrated financial stability gram). after the date on which funds are made avail- and financial management capability in ac- ‘‘(2) HEALTH AND SAFETY ASSURANCES.— able to the Secretary of the Interior under cordance with subclause (III) during the 3- Notwithstanding any other provision of law, this paragraph, the funds shall be distributed fiscal-year period immediately preceding the an Indian tribe or tribal organization may to, and available for immediate use by, the fiscal year for which participation under this approve plans, specifications, and estimates eligible Indian tribes, in accordance with the subparagraph is being requested. and commence road and bridge construction formula for distribution of funds under the ‘‘(III) CRITERIA FOR DETERMINING FINANCIAL under the Transportation Equity Act for the Indian reservation roads program under sec- STABILITY AND FINANCIAL MANAGEMENT CAPAC- 21st Century (Public Law 105-178) or the Safe, tion 204. ITY.—For the purpose of subclause (II), evi- Accountable, Flexible, and Efficient Trans- ‘‘(ii) USE OF FUNDS.—Notwithstanding any dence that, during the 3-year period referred portation Equity Act of 2005 that is funded other provision of this section, funds avail- to in subclause (II)(cc), an Indian tribe had through a contract or agreement under the able to Indian tribes for Indian reservation no uncorrected significant and material Indian Self-Determination and Education roads shall be expended on projects identi- audit exceptions in the required annual audit Assistance Act (25 U.S.C. 450b et seq.) if the fied in a transportation improvement proof the Indian tribe’s self-determination con- Indian tribe or tribal organization— gram approved by the Secretary.’’; tracts or self-governance funding agreements ‘‘(A) provides assurances in the contract or (C) in paragraph (3)— with any Federal agency shall be conclusive agreement that the construction will meet (i) in subparagraph (A), by striking ‘‘under evidence of the required stability and capa- or exceed applicable health and safety stand- this title’’ and inserting ‘‘under this chapter bility. ards; and section 125(e)’’; and ‘‘(IV) PLANNING PHASE.— ‘‘(B) obtains the advance review of the (ii) by adding at the end the following: ‘‘(aa) IN GENERAL.—An Indian tribe (or con- plans and specifications from a licensed pro- ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM sortium) requesting participation in the fessional that has certified that the plans DEMONSTRATION PROJECT.— demonstration project under this subpara- and specifications meet or exceed the appli- ‘‘(i) IN GENERAL.—The Secretary shall es- graph shall complete a planning phase that cable health and safety standards; and tablish a demonstration project under which shall include legal and budgetary research ‘‘(C) provides a copy of the certification all funds made available under this chapter and internal tribal government and organiza- under subparagraph (B) to the Assistant Sec- for Indian reservation roads and for highway tion preparation. retary for Indian Affairs.’’. bridges located on Indian reservation roads ‘‘(bb) ELIGIBILITY.—An Indian tribe (or con- (d) PLANNING AND AGENCY COORDINATION.— as provided for in subparagraph (A) shall be sortium) described in item (aa) shall be eligi- Section 204 of title 23, United States Code, is made available, on the request of an affected ble to receive a grant under this subclause to amended— Indian tribal government, to the Indian trib- plan and negotiate participation in a project (1) in subsection (a)(1), by inserting ‘‘refuge al government for use in carrying out, in ac- described in that item. roads, recreation roads,’’ after ‘‘parkways,’’; cordance with the Indian Self-Determination ‘‘(V) REPORT TO CONGRESS.—Not later than (2) by striking subsection (b) and inserting and Education Assistance Act (25 U.S.C. 450b September 30, 2006, the Secretary shall sub- the following: et seq.), contracts and agreements for the mit to Congress a report describing the im- ‘‘(b) USE OF FUNDS.— planning, research, engineering, and con- plementation of the demonstration project ‘‘(1) IN GENERAL.—Funds available for pub- struction described in that subparagraph. and any recommendations for improving the lic lands highways, recreation roads, park ‘‘(ii) EXCLUSION OF AGENCY PARTICIPA- project.’’; and roads and parkways, forest highways, and In- TION.—In accordance with subparagraph (B), (D) in paragraph (4)— dian reservation roads shall be used by the all funds for Indian reservation roads and for (i) in subparagraph (B)— Secretary and the Secretary of the appro- highway bridges located on Indian reserva- (I) by striking ‘‘(B) RESERVATION.—Of the priate Federal land management agency to tion roads to which clause (i) applies shall be amounts’’ and all that follows through ‘‘to pay the cost of transportation planning, repaid without regard to the organizational replace,’’ and inserting the following: search, engineering, operation and mainte- level at which the Federal lands highway ‘‘(B) FUNDING.— nance of transit facilities, and construction program has previously carried out the pro- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—In of the highways, roads, parkways, forest grams, functions, services, or activities in- addition to any other funds made available highways, and transit facilities located on volved. for Indian reservation roads for each fiscal public land, national parks, and Indian res- ‘‘(iii) SELECTION OF PARTICIPATING TRIBES.— year, there is authorized to be appropriated ervations. ‘‘(I) PARTICIPANTS.— from the Highway Trust Fund (other than ‘‘(2) CONTRACT.—In connection with an ac- ‘‘(aa) IN GENERAL.—In addition to Indian the Mass Transit Account) $14,079,433 for tivity described in paragraph (1), the Sec- tribes or tribal organizations that, as of the each of fiscal years 2005 through 2009 to carry retary and the Secretary of the appropriate date of enactment of this subparagraph, are out planning, design, engineering, Federal land management agency may enter contracting or compacting for any Indian preconstruction, construction, and inspec- into a construction contract or other appro- reservation road function or program, for tion of projects to replace,’’; and priate agreement with— each fiscal year, the Secretary may select up (II) by adding at the end the following: ‘‘(A) a State (including a political subdivi- to 15 Indian tribes from the applicant pool ‘‘(ii) AVAILABILITY.—Funds made available sion of a State); or described in subclause (II) to participate in to carry out this subparagraph shall be ‘‘(B) an Indian tribe.

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‘‘(3) INDIAN RESERVATION ROADS.—In the ‘‘(3) 17 percent to the Bureau of Land Man- (A) in the first sentence, by inserting case of an Indian reservation road— agement. ‘‘recreation roads,’’ after ‘‘Indian reservation ‘‘(A) Indian labor may be used, in accord- ‘‘(4) 17 percent to the Forest Service. roads,’’; and ance with such rules and regulations as may ‘‘(5) 7 percent to the United States Fish (B) in the fourth sentence, by inserting ‘‘, be promulgated by the Secretary of the Inte- and Wildlife Service. recreation roads,’’ after ‘‘Indian roads’’. rior, to carry out any construction or other ‘‘(6) 17 percent to the National Park Serv- (4) USE OF FUNDING.—Section 204 of title 23, activity described in paragraph (1); and ice. United States Code (as amended by sub- ‘‘(B) funds made available to carry out this ‘‘(7) 12 percent to the Corps of Engineers.’’. section (e)(3)), is amended by adding at the section may be used to pay bridge (2) AVAILABILITY OF FUNDS.—Section 203 of end the following: preconstruction costs (including planning, title 23, United States Code, is amended by ‘‘(m) RECREATION ROADS.— design, and engineering). inserting ‘‘safety projects or activities,’’ ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(4) FEDERAL EMPLOYMENT.—No maximum after ‘‘refuge roads,’’ each place it appears. other provision of this title, funds made on Federal employment shall be applicable (3) USE OF FUNDING.—Section 204 of title 23, available for recreation roads under this to construction or improvement of Indian United States Code, is amended by adding at title shall be used by the Secretary and the reservation roads. the end the following: Secretary of the appropriate Federal land ‘‘(5) AVAILABILITY OF FUNDS.—Funds avail- management agency only to pay the cost ‘‘(l) SAFETY ACTIVITIES.— able under this section for each class of Fed- of— ‘‘(1) IN GENERAL.—Notwithstanding any eral lands highway shall be available for any ‘‘(A) maintenance or improvements of ex- other provision of this title, funds made kind of transportation project eligible for as- isting recreation roads; available for safety under this title shall be sistance under this title that is within or ad- ‘‘(B) maintenance and improvements of eli- used by the Secretary and the head of the ap- jacent to, or that provides access to, the gible projects described in paragraph (1), (2), propriate Federal land management agency areas served by the particular class of Fed- (3), (5), or (6) of subsection (h) that are lo- only to pay the costs of carrying out— eral lands highway. cated in or adjacent to Federal land under ‘‘(A) transportation safety improvement the jurisdiction of— ‘‘(6) RESERVATION OF FUNDS.—The Sec- activities; retary of the Interior may reserve funds ‘‘(i) the Department of Agriculture; or ‘‘(B) activities to eliminate high-accident from administrative funds of the Bureau of ‘‘(ii) the Department of the Interior; locations; Indian Affairs that are associated with the ‘‘(C) transportation planning and adminis- ‘‘(C) projects to implement protective Indian reservation road program to finance trative activities associated with those measures at, or eliminate, at-grade railway- the Indian technical centers authorized maintenance and improvements; and highway crossings; ‘‘(D) the non-Federal share of the cost of under section 504(b).’’; and ‘‘(D) collection of safety information; any project funded under this title or chap- (3) in subsection (k)(1)— ‘‘(E) transportation planning projects or ter 53 of title 49 that provides access to or (A) in subparagraph (B)— activities; within Federal land described in subpara- (i) by striking ‘‘(2), (5),’’ and inserting ‘‘(2), ‘‘(F) bridge inspection; graph (B). (3), (5),’’; and ‘‘(G) development and operation of safety ‘‘(2) CONTRACTS.—In carrying out para- (ii) by striking ‘‘and’’ after the semicolon; management systems; graph (1), the Secretary and the Secretary of (B) in subparagraph (C), by striking the pe- ‘‘(H) highway safety education programs; the appropriate Federal land management riod at the end and inserting a semicolon; and agency may enter into contracts or agree- and ‘‘(I) other eligible safety projects and ac- ments with— (C) by adding at the end the following: tivities authorized under chapter 4. ‘‘(A) a State; ‘‘(D) maintenance of public roads in na- ‘‘(2) CONTRACTS.—In carrying out para- ‘‘(B) a political subdivision of a State; or tional fish hatcheries under the jurisdiction graph (1), the Secretary and the Secretary of ‘‘(C) an Indian tribe. of the United States Fish and Wildlife Serv- the appropriate Federal land management ‘‘(3) NEW ROADS.—No funds made available ice; agency may enter into contracts or agree- under this section shall be used to pay the ‘‘(E) the non-Federal share of the cost of ments with— cost of the design or construction of new any project funded under this title or chap- ‘‘(A) a State; recreation roads. ter 53 of title 49 that provides access to or ‘‘(B) a political subdivision of a State; or ‘‘(4) COMPLIANCE WITH OTHER ENVIRON- within a wildlife refuge; and ‘‘(C) an Indian tribe. MENTAL LAWS.—A maintenance or improve- ‘‘(F) maintenance and improvement of rec- ‘‘(3) EXCEPTION.—The cost sharing requirement project that is funded under this sub- reational trails (except that expenditures on ments under the Federal Water Project section, and that is consistent with or has trails under this subparagraph shall not ex- Recreation Act (16 U.S.C. 460l–12 et seq.) been identified in a land use plan for an area ceed 5 percent of available funds for each fis- shall not apply to funds made available to under the jurisdiction of a Federal agency, cal year).’’. the Bureau of Reclamation under this sub- shall not require any additional environ- (e) MAINTENANCE OF INDIAN RESERVATION section.’’. mental reviews or assessments under the Na- ROADS.—Section 204(c) of title 23, United tional Environmental Policy Act of 1969 (42 States Code, is amended by striking the sec- (g) RECREATION ROADS.— U.S.C. 4321 et seq.) if— ond and third sentences and inserting the (1) AUTHORIZATIONS.—Section 201 of title ‘‘(A) the Federal agency that promulgated following: ‘‘Notwithstanding any other pro- 23, United States Code, is amended in the the land use plan analyzed the specific provision of this title, of the amount of funds al- first sentence by inserting ‘‘recreation posal for the maintenance or improvement located for Indian reservation roads from the roads,’’ after ‘‘public lands highways,’’. project under that Act; and Highway Trust Fund, not more than 25 per- (2) ALLOCATIONS.—Section 202 of title 23, ‘‘(B) as of the date on which the funds are cent may be expended for the purpose of United States Code (as amended by sub- to be expended, there are— maintenance, excluding road sealing, and section (f)(1)), is amended by adding at the ‘‘(i) no significant changes to the proposal shall not be subject to any limitation. The end the following: Bureau of Indian Affairs shall continue to re- bearing on environmental concerns; and tain primary responsibility, including an- ‘‘(h) RECREATION ROADS.— ‘‘(ii) no significant new information. nual funding request responsibility, for road ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(5) EXCEPTION.—The cost sharing require- maintenance programs on Indian reserva- and (3), on October 1 of each fiscal year, the ments under the Federal Water Project tions. The Secretary shall ensure that fund- Secretary, after completing the transfer Recreation Act (16 U.S.C. 460l–12 et seq.) ing made available under this subsection for under subsection 204(i), shall allocate the shall not apply to funds made available to maintenance of Indian reservation roads for sums authorized to be appropriated for the the Bureau of Reclamation under this sub- each fiscal year is supplementary to and not fiscal year for recreation roads as follows: section.’’. in lieu of any obligation of funds by the Bu- ‘‘(A) 8 percent to the Bureau of Reclama- (h) CONFORMING AMENDMENTS.— reau of Indian Affairs for road maintenance tion. (1) Sections 120(e) and 125(e) of title 23, programs on Indian reservations.’’. ‘‘(B) 9 percent to the Corps of Engineers. United States Code, are amended by striking (f) SAFETY.— ‘‘(C) 13 percent to the Bureau of Land Man- ‘‘public lands highways,’’ each place it ap- (1) ALLOCATIONS.—Section 202 of title 23, agement. pears and inserting ‘‘public lands highways, United States Code (as amended by sub- ‘‘(D) 70 percent to the Forest Service. recreation roads,’’. section (c)(5)), is amended by adding at the ‘‘(2) ALLOCATION WITHIN AGENCIES.—Recre- (2) Sections 120(e), 125(e), 201, 202(a), and 203 end the following: ation road funds allocated to a Federal agen- of title 23, United States Code, are amended ‘‘(g) SAFETY.—Subject to paragraph (2), on cy under paragraph (1) shall be allocated for by striking ‘‘forest development roads’’ each October 1 of each fiscal year, the Secretary projects and activities of the Federal agency place it appears and inserting ‘‘National For- shall allocate the sums authorized to be ap- according to the relative needs of each area est System roads’’. propriated for the fiscal year for safety as served by recreation roads under the juris- (3) Section 202(e) of title 23, United States follows: diction of the Federal agency, as indicated in Code, is amended by striking ‘‘Refuge Sys- ‘‘(1) 12 percent to the Bureau of Reclama- the approved transportation improvement tem,’’ and inserting ‘‘Refuge System and the tion. program for each Federal agency.’’. various national fish hatcheries,’’. ‘‘(2) 18 percent to the Bureau of Indian Af- (3) AVAILABILITY OF FUNDS.—Section 203 of (4) Section 204 of title 23, United States fairs. title 23, United States Code, is amended— Code, is amended—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4691 (A) in subsection (a)(1), by striking ‘‘public maintenance on a bridge, seismic retrofit of (A) in paragraph (3)— lands highways,’’ and inserting ‘‘public lands a bridge, or installation of scour counter- (i) by striking ‘‘title (including this sec- highways, recreation roads, forest high- measures to a bridge under this section with- tion)’’ and inserting ‘‘section’’; and ways,’’; and out regard to whether the bridge is eligible (ii) by inserting ‘‘200 percent of’’ after (B) in subsection (i), by striking ‘‘public for replacement or rehabilitation under this ‘‘shall not exceed’’; and lands highways’’ each place it appears and section.’’; (B) in paragraph (4)(B)— inserting ‘‘public lands highways, recreation (3) in subsection (e)— (i) in the second sentence, by inserting ‘‘200 roads, and forest highways’’. (A) in the third sentence, by striking percent of’’ after ‘‘not to exceed’’; and (5) Section 205 of title 23, United States ‘‘square footage’’ and inserting ‘‘area’’; (ii) in the last sentence, by striking ‘‘title’’ Code, is amended— (B) in the fourth sentence— and inserting ‘‘section’’; (A) by striking the section heading and in- (i) by striking ‘‘by the total cost of any (8) by redesignating subsections (h) serting the following: highway bridges constructed under sub- through (q) as subsections (g) through (p), re- ‘‘§ 205. National Forest System roads and section (m) in such State, relating to respectively; and trails’’; placement of destroyed bridges and ferryboat (9) by adding at the end the following: and services, and,’’; and ‘‘(q) CONTINUATION OF ANNUAL MATERIALS (B) in subsections (a) and (d), by striking (ii) by striking ‘‘1997’’ and inserting ‘‘2003’’; REPORT ON NEW BRIDGE CONSTRUCTION AND ‘‘forest development roads’’ each place it ap- and BRIDGE REHABILITATION.—Not later than 1 pears and inserting ‘‘National Forest System (C) in the seventh sentence, by striking year after the date of enactment of this sub- roads’’. ‘‘the Federal-aid primary system’’ and in- section, and annually thereafter, the Sec- (6) The analysis for chapter 2 of title 23, serting ‘‘Federal-aid highways’’; retary shall publish in the Federal Register United States Code, is amended by striking (4) by striking subsections (f) and (g) and a report describing construction materials the item relating to section 205 and inserting inserting the following: used in new Federal-aid bridge construction ‘‘(f) SET ASIDES.— the following: and bridge rehabilitation projects. ‘‘(1) DISCRETIONARY BRIDGE PROGRAM.— ‘‘(r) FEDERAL SHARE.—The Federal share of ‘‘205. National Forest System roads and ‘‘(A) IN GENERAL.—Of the amounts author- trails.’’. ized to be appropriated to carry out the the cost of a project payable from funds (7) Section 217(c) of title 23, United States bridge program under this section for each of made available to carry out this section Code, is amended by inserting ‘‘refuge fiscal years 2005 through 2009, all but shall be the share applicable under section roads,’’ after ‘‘Indian reservation roads,’’. $140,794,340 shall be apportioned as provided 120(b), as adjusted under subsection (d) of SEC. 1807. HIGHWAY BRIDGE PROGRAM. in subsection (e). that section.’’. (a) IN GENERAL.—Section 144 of title 23, ‘‘(B) AVAILABILITY.—The $140,794,340 re- (b) CONFORMING AMENDMENT.—The analysis United States Code, is amended— ferred to in subparagraph (A) shall be avail- for subchapter I of chapter 1 of title 23, (1) by striking the section heading and all able at the discretion of the Secretary, ex- United States Code, is amended by striking that follows through subsection (a) and in- cept that not to exceed $23,465,723 of that the item relating to section 144 and inserting serting the following: amount shall be available only for projects the following: ‘‘§ 144. Highway bridge program for the seismic retrofit of bridges. ‘‘144. Highway bridge program.’’. ‘‘(C) SET ASIDES.—For fiscal year 2005, the ‘‘(a) CONGRESSIONAL STATEMENT.—Congress SEC. 1808. APPALACHIAN DEVELOPMENT HIGH- finds and declares that it is in the vital in- Secretary shall provide— WAY SYSTEM. terest of the United States that a highway ‘‘(i) $46,931,446 to the State of Nevada for construction of a replacement of the feder- (a) IN GENERAL.—Subchapter I of chapter 1 bridge program be established to enable of title 23, United States Code (as amended States to improve the condition of their ally-owned bridge over the Hoover Dam in the Lake Mead National Recreation Area; by section 1702(a)), is amended by adding at bridges through replacement, rehabilitation, the end the following: and systematic preventative maintenance on and highway bridges over waterways, other topo- ‘‘(ii) $46,931,446 to the State of Missouri for ‘‘§ 170. Appalachian development highway graphical barriers, other highways, or rail- construction of a structure over the Mis- system roads at any time at which the States and sissippi River to connect the city of St. ‘‘(a) APPORTIONMENT.— the Secretary determine that a bridge is un- Louis, Missouri, to the State of Illinois. ‘‘(1) IN GENERAL.—The Secretary shall ap- safe because of structural deficiencies, phys- ‘‘(2) OFF-SYSTEM BRIDGES.— portion funds made available under section ical deterioration, or functional obsoles- ‘‘(A) IN GENERAL.—Not less than 15 percent 1101(7) of the Safe, Accountable, Flexible, cence.’’; of the amount apportioned to each State in and Efficient Transportation Equity Act of (2) by striking subsection (d) and inserting each of fiscal years 2005 through 2009 shall be 2005 for fiscal years 2005 through 2009 among the following: expended for projects to replace, rehabili- States based on the latest available estimate tate, perform systematic preventative main- ‘‘(d) PARTICIPATION IN PROGRAM.— of the cost to construct highways and access tenance or seismic retrofit, or apply calcium ‘‘(1) IN GENERAL.—On application by a roads for the Appalachian development high- magnesium acetate, sodium acetate/formate, State to the Secretary for assistance in re- way system program prepared by the Appa- or other environmentally acceptable, mini- placing or rehabilitating a highway bridge lachian Regional Commission under section mally corrosive anti-icing and de-icing com- that has been determined to be eligible for 14501 of title 40. replacement or rehabilitation under sub- positions or install scour countermeasures to ‘‘(2) AVAILABILITY.—Funds described in highway bridges located on public roads, section (b) or (c), the Secretary may approve paragraph (1) shall be available to construct Federal participation in— other than those on a Federal-aid highway, highways and access roads under chapter 145 ‘‘(A) replacing the bridge with a com- or to complete the Warwick Intermodal Sta- of title 40. parable bridge; or tion (including the construction of a people ‘‘(b) APPLICABILITY OF TITLE.—Funds made ‘‘(B) rehabilitating the bridge. mover between the Station and the T.F. available under section 1101(7) of the Safe, ‘‘(2) SPECIFIC KINDS OF REHABILITATION.—On Green Airport). Accountable, Flexible, and Efficient Trans- application by a State to the Secretary for ‘‘(B) REDUCTION OF EXPENDITURES.—The portation Equity Act of 2005 for the Appa- assistance in painting, seismic retrofit, or Secretary, after consultation with State and lachian development highway system shall preventative maintenance of, or installation local officials, may, with respect to the be available for obligation in the same man- of scour countermeasures or applying cal- State, reduce the requirement for expendi- ner as if the funds were apportioned under cium magnesium acetate, sodium acetate/ ture for bridges not on a Federal-aid high- this chapter, except that— formate, or other environmentally accept- way if the Secretary determines that the ‘‘(1) the Federal share of the cost of any able, minimally corrosive anti-icing and de- State has inadequate needs to justify the ex- project under this section shall be deter- icing compositions to, the structure of a penditure.’’; mined in accordance with subtitle IV of title highway bridge, the Secretary may approve (5) in subsection (i)— 40; and Federal participation in the painting, seis- (A) in paragraph (3), by striking ‘‘and’’; ‘‘(2) the funds shall remain available until mic retrofit, or preventative maintenance of, (B) in paragraph (4), by striking the period expended.’’. or installation of scour countermeasures or at the end and inserting ‘‘; and’’; application of acetate or sodium acetate/for- (C) by striking ‘‘Such reports’’ and all that (b) CONFORMING AMENDMENTS.— mate or such anti-icing or de-icing composi- follows through ‘‘to Congress.’’; and (1) USE OF TOLL CREDITS.—Section 120(j)(1) tion to, the structure. (D) by adding at the end the following: of title 23, United States Code is amended by ‘‘(3) ELIGIBILITY.— ‘‘(5) biennially submit such reports as are inserting ‘‘and the Appalachian development ‘‘(A) IN GENERAL.—Except as provided in required under this subsection to the appro- highway system program under subtitle IV subparagraph (B), the Secretary shall deter- priate committees of Congress simulta- of title 40’’ after ‘‘(other than the emergency mine the eligibility of highway bridges for neously with the report required by section relief program authorized by section 125’’. replacement or rehabilitation for each State 502(g).’’; (2) ANALYSIS.—The analysis of chapter 1 of based on the number of unsafe highway (6) in the first sentence of subsection (n), title 23, United States Code (as amended by bridges in the State. by striking ‘‘all standards’’ and inserting section 1702(b)), is amended by adding at the ‘‘(B) PREVENTATIVE MAINTENANCE.—A State ‘‘all general engineering standards’’; end the following: may carry out a project for preventative (7) in subsection (o)— ‘‘170. Appalachian development highway system.’’.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0655 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4692 CONGRESSIONAL RECORD — SENATE May 9, 2005 SEC. 1809. MULTISTATE CORRIDOR PROGRAM. SEC. 1810. BORDER PLANNING, OPERATIONS, ‘‘(A) 25 percent in the ratio that— (a) IN GENERAL.—Subchapter I of chapter 1 TECHNOLOGY, AND CAPACITY PRO- ‘‘(i) the average annual weight of all cargo of title 23, United States Code (as amended GRAM. entering the border State by commercial ve- (a) IN GENERAL.—Subchapter I of chapter 1 by 1808(a)), is amended by adding at the end hicle across the international border with of title 23, United States Code (as amended the following: Canada or Mexico, as the case may be; bears by section 1809(a)), is amended by adding at to ‘‘§ 171. Multistate corridor program the end the following: ‘‘(ii) the average annual weight of all cargo ‘‘(a) ESTABLISHMENT AND PURPOSE.—The ‘‘§ 172. Border planning, operations, tech- entering all border States by commercial ve- Secretary shall carry out a program to— nology, and capacity program hicle across the international borders with ‘‘(1) support and encourage multistate ‘‘(a) DEFINITIONS.—In this section: Canada and Mexico. transportation planning and development; ‘‘(1) BORDER STATE.—The term ‘border ‘‘(B) 25 percent in the ratio that— and State’ means any of the States of Alaska, ‘‘(i) the average trade value of all cargo ‘‘(2) facilitate transportation decision- Arizona, California, Idaho, Maine, Michigan, imported into the border State and all cargo making and coordinate project delivery in- Minnesota, Montana, New Hampshire, New exported from the border State by commer- volving multistate corridors. Mexico, New York, North Dakota, Texas, cial vehicle across the international border ‘‘(b) ELIGIBLE RECIPIENTS.—A State trans- Vermont, and Washington. with Canada or Mexico, as the case may be; portation department and a metropolitan ‘‘(2) PROGRAM.—The term ‘program’ means bears to planning organization may receive and ad- the border planning, operations, technology, ‘‘(ii) the average trade value of all cargo minister funds provided under this section. and capacity program established under sub- imported into all border States and all cargo ‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary section (b). exported from all border States by commer- shall make allocations under this program ‘‘(b) ESTABLISHMENT AND PURPOSE.—The cial vehicle across the international borders for multistate highway and multimodal Secretary shall establish and carry out a with Canada and Mexico. planning studies and construction. border planning, operations, technology, and ‘‘(C) 25 percent in the ratio that— capacity improvement program to support ‘‘(i) the number of commercial vehicles an- ‘‘(d) OTHER PROVISIONS REGARDING ELIGI- coordination and improvement in bi-national nually entering the border State across the BILITY.— transportation planning, operations, effi- international border with Canada or Mexico, ‘‘(1) STUDIES.—All studies funded under ciency, information exchange, safety, and se- as the case may be; bears to this program shall be consistent with the curity at the international borders of the ‘‘(ii) the number of all commercial vehicles continuing, cooperative, and comprehensive United States with Canada and Mexico. annually entering all border States across planning processes required by sections 134 ‘‘(c) ELIGIBLE ACTIVITIES.— the international borders with Canada and and 135. ‘‘(1) IN GENERAL.—The Secretary shall Mexico. ‘‘(2) CONSTRUCTION.—All construction fund- make allocations under the program for ‘‘(D) 25 percent in the ratio that— ed under this program shall be consistent projects to carry out eligible activities de- ‘‘(i) the number of passenger vehicles annu- with section 133(b)(1). scribed in paragraph (2) at or near inter- ally entering the border State across the ‘‘(e) SELECTION CRITERIA.—The Secretary national land borders in border States. international border with Canada or Mexico, shall select studies and projects to be carried ‘‘(2) ELIGIBLE ACTIVITIES.—A border State as the case may be; bears to out under the program based on— may obligate funds apportioned to the border ‘‘(ii) the number of all passenger vehicles ‘‘(1) the existence and significance of State under this section for— annually entering all border States across signed and binding multijurisdictional agree- ‘‘(A) highway and multimodal planning or the international borders with Canada and ments; environmental studies; Mexico. ‘‘(2) endorsement of the study or project by ‘‘(B) cross-border port of entry and safety ‘‘(3) DATA SOURCE.— applicable elected State and local represent- inspection improvements, including oper- ‘‘(A) IN GENERAL.—The data used by the atives; ational enhancements and technology appli- Secretary in making allocations under this ‘‘(3) prospects for early completion of the cations; subsection shall be based on the Bureau of study or project; or ‘‘(C) technology and information exchange Transportation Statistics Transborder Sur- ‘‘(4) whether the projects to be studied or activities; and face Freight Dataset (or other similar data- constructed are located on corridors identi- ‘‘(D) right-of-way acquisition, design, and base). fied by section 1105(c) of the Intermodal Sur- construction, as needed— ‘‘(B) BASIS OF CALCULATION.—All formula face Transportation Efficiency Act of 1991 ‘‘(i) to implement the enhancements or ap- calculations shall be made using the average (Public Law 102-240; 105 Stat. 2032). plications described in subparagraphs (B) and values for the most recent 5-year period for ‘‘(f) PROGRAM PRIORITIES.—In admin- (C); which data are available. istering the program, the Secretary shall— ‘‘(ii) to decrease air pollution emissions ‘‘(4) MINIMUM ALLOCATION.—Notwith- ‘‘(1) encourage and enable States and other from vehicles or inspection facilities at bor- standing paragraph (2), for each fiscal year, jurisdictions to work together to develop der crossings; or each border State shall receive at least 1⁄2 of plans for multimodal and multijurisdictional ‘‘(iii) to increase highway capacity at or 1 percent of the funds made available for al- transportation decisionmaking; and near international borders. location under this paragraph for the fiscal ‘‘(2) give priority to studies or projects ‘‘(d) OTHER PROVISIONS REGARDING ELIGI- year. that emphasize multimodal planning, includ- BILITY.— ‘‘(g) FEDERAL SHARE.—Except as provided ing planning for operational improvements ‘‘(1) IN GENERAL.—Each project funded in section 120, the Federal share of the cost that— under the program shall be carried out in ac- of a project carried out under the program ‘‘(A) increase— cordance with the continuing, cooperative, shall be 80 percent. ‘‘(i) mobility; and comprehensive planning processes re- ‘‘(h) OBLIGATION.—Funds made available under section 1101(11) of the Safe, Account- ‘‘(ii) freight productivity; quired by sections 134 and 135. able, Flexible, and Efficient Transportation ‘‘(iii) access to marine or inland ports; ‘‘(2) REGIONALLY SIGNIFICANT PROJECTS.— Equity Act of 2005 to carry out the program ‘‘(iv) safety and security (including im- To be funded under the program, a regionally shall be available for obligation in the same provements to emergency evacuation significant project shall be included on the manner as if the funds were apportioned applicable transportation plan and program routes); and under this chapter. ‘‘(v) reliability; and required by sections 134 and 135. ‘‘(i) INFORMATION EXCHANGE.—No indi- ‘‘(B) enhance the environment. ‘‘(e) PROGRAM PRIORITIES.—Border States vidual project the scope of work of which is ‘‘(g) FEDERAL SHARE.—Except as provided shall give priority to projects that empha- limited to information exchange shall re- in section 120, the Federal share of the cost size— ceive an allocation under the program in an of a study or project carried out under the ‘‘(1) multimodal planning; amount that exceeds $500,000 for any fiscal program, using funds from all Federal ‘‘(2) improvements in infrastructure; and year. sources, shall be 80 percent. ‘‘(3) operational improvements that— ‘‘(j) PROJECTS IN CANADA OR MEXICO.—A ‘‘(A) increase safety, security, freight ca- ‘‘(h) APPLICABILITY.—Funds authorized to project in Canada or Mexico, proposed by a be appropriated under section 1101(10) of the pacity, or highway access to rail, marine, border State to directly and predominantly Safe, Accountable, Flexible, and Efficient and air services; and facilitate cross-border vehicle and commer- Transportation Equity Act of 2005 to carry ‘‘(B) enhance the environment. cial cargo movements at an international ‘‘(f) MANDATORY PROGRAM.— out this section shall be available for obliga- gateway or port of entry into the border re- ‘‘(1) IN GENERAL.—For each fiscal year, the tion in the same manner as if the funds were gion of the State, may be constructed using Secretary shall allocate among border apportioned under this chapter.’’. funds made available under the program if, States, in accordance with the formula de- before obligation of those funds, Canada or (b) CONFORMING AMENDMENT.—The analysis scribed in paragraph (2), funds to be used in Mexico, or the political subdivision of Can- for subchapter I of chapter 1 of title 23, accordance with subsection (d). ada or Mexico that is responsible for the op- United States Code (as amended by section ‘‘(2) FORMULA.—Subject to paragraph (3), eration of the facility to be constructed, pro- 1809(b)) is amended by adding at the end the the amount allocated to a border State vides assurances satisfactory to the Sec- following: under this paragraph shall be determined by retary that any facility constructed under ‘‘171. Multistate corridor program.’’. the Secretary, as follows: this subsection will be—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4693 ‘‘(1) constructed in accordance with stand- ‘‘172. Border planning, operations, tech- ‘‘(4) conduct research on, and study tech- ards equivalent to applicable standards in nology, and capacity pro- niques for, protecting historic covered the United States; and gram.’’. bridges from rot, fire, natural disasters, or ‘‘(2) properly maintained and used over the SEC. 1811. PUERTO RICO HIGHWAY PROGRAM. weight-related damage. useful life of the facility for the purpose for (a) IN GENERAL.—Subchapter I of chapter 1 ‘‘(c) GRANTS.— which the Secretary allocated funds to the of title 23, United States Code (as amended ‘‘(1) IN GENERAL.—Subject to the avail- project. by section 1810(a)), is amended by adding at ability of appropriations, the Secretary shall ‘‘(k) TRANSFER OF FUNDS TO THE GENERAL the end the following: make a grant to a State that submits an ap- SERVICES ADMINISTRATION.— ‘‘§ 173. Puerto Rico highway program plication to the Secretary that demonstrates ‘‘(1) STATE FUNDS.—At the request of a bor- a need for assistance in carrying out 1 or ‘‘(a) IN GENERAL.—The Secretary shall al- der State, funds made available under the locate funds authorized by section 1101(15) of more historic covered bridge projects de- program may be transferred to the General the Safe, Accountable, Flexible, and Effi- scribed in paragraph (2). Services Administration for the purpose of cient Transportation Equity Act of 2005 for ‘‘(2) ELIGIBLE PROJECTS.—A grant under funding 1 or more specific projects if— each of fiscal years 2005 through 2009 to the paragraph (1) may be made for a project— ‘‘(A) the Secretary determines, after con- Commonwealth of Puerto Rico to carry out a ‘‘(A) to rehabilitate or repair a historic sultation with the State transportation de- covered bridge; or partment of the border State, that the Gen- highway program in the Commonwealth. ‘‘(b) APPLICABILITY OF TITLE.— ‘‘(B) to preserve a historic covered bridge, eral Services Administration should carry ‘‘(1) IN GENERAL.—Amounts made available including through— out the project; and by section 1101(15) of the Safe, Accountable, ‘‘(i) installation of a fire protection sys- ‘‘(B) the General Services Administration Flexible, and Efficient Transportation Eq- tem, including a fireproofing or fire detec- agrees to accept the transfer of, and to ad- uity Act of 2005 shall be available for obligation system and sprinklers; minister, those funds. tion in the same manner as if such funds ‘‘(ii) installation of a system to prevent ‘‘(2) NON-FEDERAL SHARE.— were apportioned under this chapter. vandalism and arson; or ‘‘(A) IN GENERAL.—A border State that ‘‘(2) LIMITATION ON OBLIGATIONS.—The ‘‘(iii) relocation of a bridge to a preserva- makes a request under paragraph (1) shall tion site. provide directly to the General Services Ad- amounts shall be subject to any limitation on obligations for Federal-aid highway and ‘‘(3) AUTHENTICITY REQUIREMENTS.—A grant ministration, for each project covered by the under paragraph (1) may be made for a request, the non-Federal share of the cost of highway safety construction programs. ‘‘(c) TREATMENT OF FUNDS.—Amounts made project only if— each project described in subsection (f). available to carry out this section for a fis- ‘‘(A) to the maximum extent practicable, ‘‘(B) NO AUGMENTATION OF APPROPRIA- cal year shall be administered as follows: the project— TIONS.—Funds provided by a border State ‘‘(1) APPORTIONMENT.—For the purpose of ‘‘(i) is carried out in the most historically under subparagraph (A)— appropriate manner; and ‘‘(i) shall not be considered to be an aug- imposing any penalty under this title or title ‘‘(ii) preserves the existing structure of the mentation of the appropriations made avail- 49, the amounts shall be treated as being ap- historic covered bridge; and able to the General Services Administration; portioned to Puerto Rico under sections ‘‘(B) the project provides for the replace- and 104(b) and 144, for each program funded under ment of wooden components with wooden ‘‘(ii) shall be— those sections in an amount determined by components, unless the use of wood is im- ‘‘(I) administered in accordance with the multiplying— practicable for safety reasons. procedures of the General Services Adminis- ‘‘(A) the aggregate of the amounts for the ‘‘(4) FEDERAL SHARE.—Except as provided tration; but fiscal year; by in section 120, the Federal share of the cost ‘‘(II) available for obligation in the same ‘‘(B) the ratio that— of a project carried out with a grant under manner as if the funds were apportioned ‘‘(i) the amount of funds apportioned to this subsection shall be 80 percent. under this chapter. Puerto Rico for each such program for fiscal year 1997; bears to ‘‘(d) FUNDING.—There is authorized to be ‘‘(C) OBLIGATION AUTHORITY.—Obligation ‘‘(ii) the total amount of funds apportioned appropriated to carry out this section authority shall be transferred to the General $13,140,805 for each of fiscal years 2005 Services Administration in the same manner to Puerto Rico for all such programs for fiscal year 1997. through 2009, to remain available until ex- and amount as the funds provided for pended.’’. projects under subparagraph (A). ‘‘(2) PENALTY.—The amounts treated as being apportioned to Puerto Rico under each (b) CONFORMING AMENDMENT.—The analysis ‘‘(3) DIRECT TRANSFER OF AUTHORIZED section referred to in paragraph (1) shall be for subchapter I of chapter 1 of title 23, FUNDS.— deemed to be required to be apportioned to United States Code (as amended by section ‘‘(A) IN GENERAL.—In addition to alloca- Puerto Rico under that section for purposes 1811(b)), is amended by adding at the end the tions to States and metropolitan planning following: organizations under subsection (c), the Sec- of the imposition of any penalty under this ‘‘174. National historic covered bridge pres- retary may transfer funds made available to title and title 49. ervation.’’. carry out this section to the General Serv- ‘‘(3) EFFECT ON ALLOCATIONS AND APPOR- ices Administration for construction of TIONMENTS.—Subject to paragraph (2), noth- SEC. 1813. TRANSPORTATION AND COMMUNITY transportation infrastructure projects at or ing in this section affects any allocation AND SYSTEM PRESERVATION PRO- GRAM. near the border in border States, if— under section 105 and any apportionment (a) IN GENERAL.—Subchapter I of chapter 1 ‘‘(i) the Secretary determines that the under sections 104 and 144.’’. (b) CONFORMING AMENDMENT.—The analysis of title 23, United States Code (as amended transfer is necessary to effectively carry out for subchapter I of chapter 1 of title 23, by section 1812(a)), is amended by adding at the purposes of this program; and United States Code (as amended by section the end the following: ‘‘(ii) the General Services Administration 1810(b)), is amended by adding at the end the agrees to accept the transfer of, and to ad- ‘‘§ 175. Transportation and community and following: minister, those funds. system preservation program ‘‘(B) NO AUGMENTATION OF APPROPRIA- ‘‘173. Puerto Rico highway program.’’. ‘‘(a) ESTABLISHMENT.—The Secretary shall TIONS.—Funds transferred by the Secretary SEC. 1812. NATIONAL HISTORIC COVERED establish a comprehensive program to facili- under subparagraph (A)— BRIDGE PRESERVATION. tate the planning, development, and imple- ‘‘(i) shall not be considered to be an aug- (a) IN GENERAL.—Subchapter I of chapter 1 mentation of strategies by States, metro- mentation of the appropriations made avail- of title 23, United States Code (as amended politan planning organizations, federally- able to the General Services Administration; by section 1811(a)), is amended by adding at recognized Indian tribes, and local govern- and the end the following: ments to integrate transportation, commu- ‘‘(ii) shall be— ‘‘§ 174. National historic covered bridge pres- nity, and system preservation plans and ‘‘(I) administered in accordance with the ervation practices that address the goals described in procedures of the General Services Adminis- ‘‘(a) DEFINITION OF HISTORIC COVERED subsection (b). tration; but BRIDGE.—In this section, the term ‘historic ‘‘(b) GOALS.—The goals of the program are ‘‘(II) available for obligation in the same covered bridge’ means a covered bridge that to— manner as if the funds were apportioned is listed or eligible for listing on the Na- ‘‘(1) improve the efficiency of the transpor- under this chapter. tional Register of Historic Places. tation system in the United States; ‘‘(C) OBLIGATION AUTHORITY.—Obligation ‘‘(b) HISTORIC COVERED BRIDGE PRESERVA- ‘‘(2) reduce the impacts of transportation authority shall be transferred to the General TION.—Subject to the availability of appro- on the environment; Services Administration in the same manner priations, the Secretary shall— ‘‘(3) reduce the need for costly future in- and amount as the funds transferred under ‘‘(1) collect and disseminate information vestments in public infrastructure; subparagraph (A).’’. on historic covered bridges; ‘‘(4) provide efficient access to jobs, serv- (b) CONFORMING AMENDMENT.—The analysis ‘‘(2) conduct educational programs relating ices, and centers of trade; and for subchapter I of chapter 1 of title 23, to the history and construction techniques ‘‘(5) examine development patterns, and to United States Code (as amended by section of historic covered bridges; identify strategies, to encourage private sec- 1809(b)), is amended by adding at the end the ‘‘(3) conduct research on the history of his- tor development patterns that achieve the following: toric covered bridges; and goals identified in paragraphs (1) through (4).

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‘‘(c) ALLOCATION OF FUNDS FOR IMPLEMEN- section 1701(a)), is amended by adding at the ‘‘(A) IN GENERAL.—A recipient of funds al- TATION.— end the following: located under this subsection shall use the ‘‘(1) IN GENERAL.—The Secretary shall allo- ‘‘(18) Transportation and community sys- funds to carry out the project proposed in cate funds made available to carry out this tem preservation to facilitate the planning, the application submitted by the recipient to subsection to States, metropolitan planning development, and implementation of strate- the Secretary. organizations, and local governments to gies of metropolitan planning organizations ‘‘(B) TYPES OF PROJECTS.—Funds under this carry out projects to address transportation and local governments to integrate transpor- subsection shall be available for obligation efficiency and community and system pres- tation, community, and system preservation for projects that serve the National Highway ervation. plans and practices that address the fol- System, including— ‘‘(2) CRITERIA.—In allocating funds made lowing: ‘‘(i) construction of safety rest areas that available to carry out this subsection, the ‘‘(A) Improvement of the efficiency of the include parking for commercial motor vehi- Secretary shall give priority to applicants transportation system in the United States. cles; that— ‘‘(B) Reduction of the impacts of transpor- ‘‘(ii) construction of commercial motor ve- ‘‘(A) have instituted preservation or devel- tation on the environment. hicle parking facilities that are adjacent to opment plans and programs that— ‘‘(C) Reduction of the need for costly fu- commercial truck stops and travel plazas; ‘‘(i) meet the requirements of this title and ture investments in public infrastructure. ‘‘(iii) costs associated with the opening of chapter 53 of title 49, United States Code; ‘‘(D) Provision of efficient access to jobs, facilities (including inspection and weigh and services, and centers of trade. stations and park-and-ride facilities) to pro- ‘‘(ii)(I) are coordinated with State and ‘‘(E) Examination of development patterns, vide commercial motor vehicle parking; local adopted preservation or development and identification of strategies to encourage ‘‘(iv) projects that promote awareness of plans; private sector development patterns, that the availability of public or private commer- ‘‘(II) are intended to promote cost-effective achieve the goals identified in subparagraphs cial motor vehicle parking on the National and strategic investments in transportation (A) through (D). Highway System, including parking in con- infrastructure that minimize adverse im- ‘‘(19) Projects relating to intersections, in- nection with intelligent transportation sys- pacts on the environment; or cluding intersections— tems and other systems; ‘‘(III) are intended to promote innovative ‘‘(A) that— ‘‘(v) construction of turnouts along the Na- private sector strategies. ‘‘(i) have disproportionately high accident tional Highway System for commercial ‘‘(B) have instituted other policies to inte- rates; motor vehicles; grate transportation and community and ‘‘(ii) have high levels of congestion, as evi- ‘‘(vi) capital improvements to public com- system preservation practices, such as— denced by— mercial motor vehicle truck parking facili- ‘‘(i) spending policies that direct funds to ‘‘(I) interrupted traffic flow at the inter- ties closed on a seasonal basis in order to high-growth areas; section; and allow the facilities to remain open year- ‘‘(ii) urban growth boundaries to guide ‘‘(II) a level of service rating, issued by the around; and metropolitan expansion; Transportation Research Board of the Na- ‘‘(vii) improvements to the geometric de- ‘‘(iii) ‘green corridors’ programs that pro- tional Academy of Sciences in accordance sign at interchanges on the National High- vide access to major highway corridors for with the Highway Capacity Manual, that is way System to improve access to commer- areas targeted for efficient and compact de- cial motor vehicle parking facilities. not better than ‘F’ during peak travel hours; velopment; or ‘‘(4) REPORT.—Not later than 5 years after and ‘‘(iv) other similar programs or policies as the date of enactment of this section, the ‘‘(iii) are directly connected to or located determined by the Secretary; Secretary shall submit to Congress a report on a Federal-aid highway; and ‘‘(C) have preservation or development on the results of the pilot program carried ‘‘(B) improvements that are approved in policies that include a mechanism for reduc- out under this subsection. the regional plan of the appropriate local ing potential impacts of transportation ac- ‘‘(5) FEDERAL SHARE.—The Federal share of metropolitan planning organization.’’. tivities on the environment; the cost of a project carried out under this ‘‘(D) examine ways to encourage private (c) CONFORMING AMENDMENT.—The analysis subsection shall be consistent with section sector investments that address the purposes for subchapter I of chapter 1 of title 23, 120. United States Code (as amended by section of this section; and ‘‘(6) FUNDING.— 1812(b)), is amended by adding at the end the ‘‘(E) propose projects for funding that ad- ‘‘(A) IN GENERAL.—There is authorized to dress the purposes described in subsection following: be appropriated from the Highway Trust (b)(2). ‘‘175. Transportation and community and Fund (other than the Mass Transit Account) ‘‘(3) EQUITABLE DISTRIBUTION.—In allo- system preservation pilot pro- to carry out this subsection $9,386,289 for cating funds to carry out this subsection, the gram.’’. each of fiscal years 2005 through 2009. Secretary shall ensure the equitable dis- SEC. 1814. PARKING PILOT PROGRAMS. ‘‘(B) CONTRACT AUTHORITY.—Funds author- tribution of funds to a diversity of popu- (a) IN GENERAL.—Subchapter I of chapter 1 ized under this paragraph shall be available lations and geographic regions. of title 23, United States Code (as amended for obligation in the same manner as if the ‘‘(4) USE OF ALLOCATED FUNDS.— by section 1813(a)), is amended by adding at funds were apportioned under this chapter. ‘‘(A) IN GENERAL.—An allocation of funds the end the following: ‘‘(b) CORRIDOR AND FRINGE PARKING PILOT made available to carry out this subsection PROGRAM.— ‘‘§ 176. Parking pilot programs shall be used by the recipient to implement ‘‘(1) ESTABLISHMENT.— the projects proposed in the application to ‘‘(a) COMMERCIAL TRUCK PARKING PILOT ‘‘(A) IN GENERAL.—In cooperation with ap- the Secretary. PROGRAM.— propriate State, regional, and local govern- ‘‘(B) TYPES OF PROJECTS.—The allocation of ‘‘(1) ESTABLISHMENT.—In cooperation with ments, the Secretary shall carry out a pilot funds shall be available for obligation for— appropriate State, regional, and local gov- program to provide corridor and fringe park- ‘‘(i) any project eligible for funding under ernments, the Secretary shall establish a ing facilities. this title or chapter 53 of title 49, United pilot program to address the shortage of ‘‘(B) PRIMARY FUNCTION.—The primary States Code; or long-term parking for drivers of commercial function of a corridor and fringe parking fa- ‘‘(ii) any other activity relating to trans- motor vehicles on the National Highway cility funded under this subsection shall be portation and community and system preser- System. to provide parking capacity to support car vation that the Secretary determines to be ‘‘(2) ALLOCATION OF FUNDS.— pooling, van pooling, ride sharing, com- appropriate, including corridor preservation ‘‘(A) IN GENERAL.—The Secretary shall al- muting, and high occupancy vehicle travel. activities that are necessary to implement— locate funds made available under this sub- ‘‘(C) OVERNIGHT PARKING.—A State may ‘‘(I) transit-oriented development plans; section to States, metropolitan planning or- permit a facility described in subparagraph ‘‘(II) traffic calming measures; or ganizations, and local governments. (B) to be used for the overnight parking of ‘‘(III) other coordinated transportation and ‘‘(B) CRITERIA.—In allocating funds under commercial vehicles if the use does not fore- community and system preservation prac- this subsection, the Secretary shall give pri- close or unduly limit the primary function of tices. ority to an applicant that— the facility described in subparagraph (B). ‘‘(d) FUNDING.— ‘‘(i) demonstrates a severe shortage of ‘‘(2) ALLOCATION OF FUNDS.— ‘‘(1) IN GENERAL.—There is authorized to be commercial vehicle parking capacity on the ‘‘(A) IN GENERAL.—The Secretary shall al- appropriated from the Highway Trust Fund corridor to be addressed; locate funds made available to carry out this (other than the Mass Transit Account) to ‘‘(ii) consults with affected State and local subsection to States. carry out this section $46,931,447 for each of governments, community groups, private ‘‘(B) CRITERIA.—In allocating funds under fiscal years 2005 through 2009. providers of commercial vehicle parking, and this subsection, the Secretary shall give pri- ‘‘(2) CONTRACT AUTHORITY.—Funds author- motorist and trucking organizations; and ority to a State that— ized under this subsection shall be available ‘‘(iii) demonstrates that the project pro- ‘‘(i) demonstrates demand for corridor and for obligation in the same manner as if the posed by the applicant is likely to have a fringe parking on the corridor to be ad- funds were apportioned under this chapter.’’. positive effect on highway safety, traffic dressed; (b) ELIGIBLE PROJECTS.—Section 133(b) of congestion, or air quality. ‘‘(ii) consults with affected metropolitan title 23, United States Code (as amended by ‘‘(3) USE OF ALLOCATED FUNDS.— planning organizations, local governments,

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4695 community groups, and providers of corridor standards established by the Secretary shall ‘‘(A) designated by the Governor or chief and fringe parking; and be eligible for designation under this section. executive officer of each territory; and ‘‘(iii) demonstrates that the project pro- ‘‘(d) LOGO.—The Secretary shall design a ‘‘(B) approved by the Secretary. posed by the State is likely to have a posi- logo to be displayed by a facility designated ‘‘(2) FEDERAL SHARE.—The Secretary shall tive effect on ride sharing, traffic conges- under this section.’’. provide Federal financial assistance to terri- tion, or air quality. (b) CONFORMING AMENDMENT.—The analysis tories under this section in accordance with ‘‘(3) USE OF ALLOCATED FUNDS.— for subchapter I of chapter I of title 23, section 120(h). ‘‘(A) IN GENERAL.—A recipient of funds al- United States Code (as amended by section ‘‘(c) TECHNICAL ASSISTANCE.— located under this subsection shall use the 1814(b)), is amended by adding at the end the ‘‘(1) IN GENERAL.—To continue a long-range funds to carry out the project proposed in following: highway development program, the Sec- the application submitted by the recipient to ‘‘177. Interstate oasis program.’’. retary may provide technical assistance to the Secretary. the governments of the territories to enable SEC. 1816. TRIBAL-STATE ROAD MAINTENANCE the territories to, on a continuing basis— ‘‘(B) TYPES OF PROJECTS.—Funds under this AGREEMENTS. ‘‘(A) engage in highway planning; subsection shall be available for obligation Section 204 of title 23, United States Code for projects that serve the Federal-aid sys- ‘‘(B) conduct environmental evaluations; (as amended by section 1806(f)(4)), is amended ‘‘(C) administer right-of-way acquisition tem, including— by adding at the end the following: ‘‘(i) construction of corridor and fringe and relocation assistance programs; and ‘‘(n) TRIBAL-STATE ROAD MAINTENANCE ‘‘(D) design, construct, operate, and main- parking facilities; AGREEMENTS.— ‘‘(ii) costs associated with the opening of tain a system of arterial and collector high- ‘‘(1) IN GENERAL.—Notwithstanding any ways, including necessary inter-island con- facilities; other provision of law, regulation, policy, or ‘‘(iii) projects that promote awareness of nectors. guideline, an Indian tribe and a State may ‘‘(2) FORM AND TERMS OF ASSISTANCE.— the availability of corridor and fringe park- enter into a road maintenance agreement ing through the use of signage and other Technical assistance provided under para- under which an Indian tribe assumes the re- graph (1), and the terms for the sharing of in- means; sponsibilities of the State for— ‘‘(iv) capital improvements to corridor and formation among territories receiving the ‘‘(A) Indian reservation roads; and technical assistance, shall be included in the fringe parking facilities closed on a seasonal ‘‘(B) roads providing access to Indian res- basis in order to allow the facilities to re- agreement required by subsection (e). ervation roads. ‘‘(d) NONAPPLICABILITY OF CERTAIN PROVI- main open year-around; and ‘‘(2) TRIBAL-STATE AGREEMENTS.—Agree- SIONS.— ‘‘(v) improvements to the geometric design ments entered into under paragraph (1)— ‘‘(1) IN GENERAL.—Except to the extent on adjoining roadways to facilitate access to, ‘‘(A) shall be negotiated between the State that provisions of chapter 1 are determined and egress from, corridor and fringe parking and the Indian tribe; and by the Secretary to be inconsistent with the facilities. ‘‘(B) shall not require the approval of the needs of the territories and the intent of the ‘‘(4) REPORT.—Not later than 5 years after Secretary. program, chapter 1 (other than provisions of the date of enactment of this section, the ‘‘(3) ANNUAL REPORT.—Effective beginning chapter 1 relating to the apportionment and Secretary shall submit to Congress a report with fiscal year 2005, the Secretary shall pre- allocation of funds) shall apply to funds au- on the results of the pilot program carried pare and submit to Congress an annual re- thorized to be appropriated for the program. out under this subsection. port that identifies— ‘‘(2) APPLICABLE PROVISIONS.—The specific ‘‘(5) FEDERAL SHARE.—The Federal share of ‘‘(A) the Indian tribes and States that have sections of chapter 1 that are applicable to the cost of a project carried out under this entered into agreements under paragraph (1); each territory, and the extent of the applica- subsection shall be consistent with section ‘‘(B) the number of miles of roads for which bility of those section, shall be identified in 120. Indian tribes have assumed maintenance re- the agreement required by subsection (e). ‘‘(6) FUNDING.— sponsibilities; and ‘‘(e) AGREEMENT.— ‘‘(A) IN GENERAL.—There is authorized to ‘‘(C) the amount of funding transferred to ‘‘(1) IN GENERAL.—Except as provided in be appropriated from the Highway Trust Indian tribes for the fiscal year under agree- paragraph (3), none of the funds made avail- Fund (other than the Mass Transit Account) ments entered into under paragraph (1).’’. able for the program shall be available for to carry out this subsection $9,386,289 for SEC. 1817. NATIONAL FOREST SYSTEM ROADS. obligation or expenditure with respect to each of fiscal years 2005 through 2009. Section 205 of title 23, United States Code, any territory until the Governor or chief ex- ‘‘(B) CONTRACT AUTHORITY.—Funds author- is amended by adding at the end the fol- ecutive officer of the territory enters into a ized under this paragraph shall be available lowing: new agreement with the Secretary (which for obligation in the same manner as if the ‘‘(e) PASSAGES FOR AQUATIC SPECIES.—Of new agreement shall be entered into not funds were apportioned under this chapter.’’. the amounts made available for National later than 1 year after the date of enactment (b) CONFORMING AMENDMENT.—The analysis Forest System roads, $14,079,433 for each fis- of the Safe, Accountable, Flexible, and Effi- for subchapter I of chapter I of title 23, cient Transportation Equity Act of 2005), United States Code (as amended by section cal year shall be used by the Secretary of Agriculture to pay the costs of facilitating providing that the government of the terri- 1813(c)), is amended by adding at the end the tory shall— following: the passage of aquatic species beneath roads in the National Forest System, including the ‘‘(A) implement the program in accordance ‘‘176. Parking pilot programs.’’. costs of constructing, maintaining, replac- with applicable provisions of chapter 1 and SEC. 1815. INTERSTATE OASIS PROGRAM. ing, or removing culverts and bridges, as ap- subsection (d); (a) IN GENERAL.—Subchapter I of chapter 1 propriate.’’. ‘‘(B) design and construct a system of arte- of title 23, United States Code (as amended rial and collector highways, including nec- SEC. 1818. TERRITORIAL HIGHWAY PROGRAM. by section 1814(a)), is amended by adding at essary inter-island connectors, in accordance (a) IN GENERAL.—Chapter 2 of title 23, the end the following: with standards that are— United States Code, is amended by striking ‘‘§ 177. Interstate oasis program ‘‘(i) appropriate for each territory; and section 215 and inserting the following: ‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(ii) approved by the Secretary; after the date of enactment of this section, ‘‘§ 215. Territorial highway program ‘‘(C) provide for the maintenance of facili- in consultation with the States and other in- ‘‘(a) DEFINITIONS.—In this section: ties constructed or operated under this sec- terested parties, the Secretary shall— ‘‘(1) PROGRAM.—The term ‘program’ means tion in a condition to adequately serve the ‘‘(1) establish an Interstate oasis program; the territorial highway program established needs of present and future traffic; and and under subsection (b). ‘‘(D) implement standards for traffic oper- ‘‘(2) develop standards for designating, as ‘‘(2) TERRITORY.—The term ‘territory’ ations and uniform traffic control devices an Interstate oasis, a facility that— means the any of the following territories of that are approved by the Secretary. ‘‘(A) offers— the United States: ‘‘(2) TECHNICAL ASSISTANCE.—The new ‘‘(i) products and services to the public; ‘‘(A) American Samoa. agreement required by paragraph (1) shall— ‘‘(ii) 24-hour access to restrooms; and ‘‘(B) The Commonwealth of the Northern ‘‘(A) specify the kind of technical assist- ‘‘(iii) parking for automobiles and heavy Mariana Islands. ance to be provided under the program; trucks; and ‘‘(C) Guam. ‘‘(B) include appropriate provisions regard- ‘‘(B) meets other standards established by ‘‘(D) The United States Virgin Islands. ing information sharing among the terri- the Secretary. ‘‘(b) PROGRAM.— tories; and ‘‘(b) STANDARDS FOR DESIGNATION.—The ‘‘(1) IN GENERAL.—Recognizing the mutual ‘‘(C) delineate the oversight role and re- standards for designation under subsection benefits that will accrue to the territories sponsibilities of the territories and the Sec- (a) shall include standards relating to— and the United States from the improvement retary. ‘‘(1) the appearance of a facility; and of highways in the territories, the Secretary ‘‘(3) REVIEW AND REVISION OF AGREEMENT.— ‘‘(2) the proximity of the facility to the may carry out a program to assist each ter- The new agreement entered into under para- Interstate System. ritorial government in the construction and graph (1) shall be reevaluated and, as nec- ‘‘(c) ELIGIBILITY FOR DESIGNATION.—If a improvement of a system of arterial and col- essary, revised, at least every 2 years. State elects to participate in the interstate lector highways, and necessary inter-island ‘‘(4) EXISTING AGREEMENTS.—With respect oasis program, any facility meeting the connectors, that is— to an agreement between the Secretary and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4696 CONGRESSIONAL RECORD — SENATE May 9, 2005 the Governor or chief executive officer of a (3) in subsection (h)(1)— of an entity or person to receive funds made territory that is in effect as of the date of (A) in subparagraph (A), by striking clause available under titles I, III, and V of this enactment of the Safe, Accountable, Flexi- (i) and inserting the following: Act, if the entity or person is prevented, in ble, and Efficient Transportation Equity Act ‘‘(i) IN GENERAL.—There is authorized to be whole or in part, from complying with sub- of 2005— appropriated from the Highway Trust Fund section (a) because a Federal court issues a ‘‘(A) the agreement shall continue in force (other than the Mass Transit Account) to final order in which the court finds that the until replaced by a new agreement in accord- carry out this section $14,079,434 for each of requirement of subsection (a), or the pro- ance with paragraph (1); and fiscal years 2005 through 2009.’’; and gram established under subsection (a), is un- ‘‘(B) amounts made available for the pro- (B) in subparagraph (B), by striking clause constitutional. gram under the agreement shall be available (i) and inserting the following: SEC. 1822. øRESERVED.¿ for obligation or expenditure so long as the ‘‘(i) IN GENERAL.—There are authorized to SEC. 1823. PRIORITY FOR PEDESTRIAN AND BICY- agreement, or a new agreement under para- be appropriated from the Highway Trust CLE FACILITY ENHANCEMENT graph (1), is in effect. Fund (other than the Mass Transit Account) PROJECTS. ‘‘(f) PERMISSIBLE USES OF FUNDS.— to carry out this section— Section 133(e)(5) of title 23, United States ‘‘(1) IN GENERAL.—Funds made available for ‘‘(I) $375,451,572 for fiscal year 2005; Code, is amended by adding at the end the the program may be used only for the fol- ‘‘(II) $389,531,006 for fiscal year 2006; following: lowing projects and activities carried out in ‘‘(III) $398,917,296 for fiscal year 2007; ‘‘(D) PRIORITY FOR PEDESTRIAN AND BICYCLE a territory: ‘‘(IV) $408,303,585 for fiscal year 2008; and FACILITY ENHANCEMENT PROJECTS.—The Sec- ‘‘(A) Eligible surface transportation pro- ‘‘(V) $422,383,019 for fiscal year 2009.’’; and retary shall encourage States to give pri- gram projects described in section 133(b). (4) by striking subsection (i). ority to pedestrian and bicycle facility en- ‘‘(B) Cost-effective, preventive mainte- SEC. 1820. DONATIONS AND CREDITS. hancement projects that include a coordi- nance consistent with section 116. Section 323 of title 23, United States Code, nated physical activity or healthy lifestyles ‘‘(C) Ferry boats, terminal facilities, and is amended— program.’’. approaches, in accordance with subsections (1) in the first sentence of subsection (c), SEC. 1824. THE DELTA REGIONAL AUTHORITY. (b) and (c) of section 129. by inserting ‘‘, or a local government from (a) IN GENERAL.—Subchapter I of chapter 1 ‘‘(D) Engineering and economic surveys offering to donate funds, materials, or serv- of title 23, United States Code (as amended and investigations for the planning, and the ices performed by local government employ- by section 1814(a)), is amended by adding at financing, of future highway programs. ees,’’ after ‘‘services’’; and the end the following: ‘‘(E) Studies of the economy, safety, and (2) striking subsection (e). ‘‘§ 178. Delta Region transportation develop- convenience of highway use. SEC. 1821. DISADVANTAGED BUSINESS ENTER- ment program ‘‘(F) The regulation and equitable taxation PRISES. ‘‘(a) IN GENERAL.—The Secretary shall (a) GENERAL RULE.—Except to the extent of highway use. carry out a program to— that the Secretary determines otherwise, not ‘‘(G) Such research and development as are ‘‘(1) support and encourage multistate less than 10 percent of the amounts made necessary in connection with the planning, transportation planning and corridor devel- available for any program under titles I, II, design, and maintenance of the highway sys- opment; and VI of this Act shall be expended with tem. ‘‘(2) provide for transportation project de- small business concerns owned and con- ‘‘(2) PROHIBITION ON USE OF FUNDS FOR ROU- velopment; trolled by socially and economically dis- TINE MAINTENANCE.—None of the funds made ‘‘(3) facilitate transportation decision- advantaged individuals. available for the program shall be obligated making; and (b) DEFINITIONS.—In this section: or expended for routine maintenance. ‘‘(4) support transportation construction. ‘‘(g) LOCATION OF PROJECTS.—Territorial (1) SMALL BUSINESS CONCERN.— ‘‘(b) ELIGIBLE RECIPIENTS.—A State trans- highway projects (other than those described (A) IN GENERAL.—The term ‘‘small business concern’’ has the meaning given the term portation department or metropolitan plan- in paragraphs (1), (3), and (4) of section ning organization may receive and admin- 133(b)) may not be undertaken on roads func- under section 3 of the Small Business Act (15 U.S.C. 632). ister funds provided under the program. tionally classified as local.’’. ‘‘(c) ELIGIBLE ACTIVITIES.—The Secretary (b) CONFORMING AMENDMENTS.— (B) EXCLUSION.—The term ‘‘small business concern’’ does not include any concern or shall make allocations under the program (1) ELIGIBLE PROJECTS.—Section 103(b)(6) of for multistate highway and transit planning, title 23, United States Code, is amended by group of concerns controlled by the same socially and economically disadvantaged indi- development, and construction projects. striking subparagraph (P) and inserting the ‘‘(d) OTHER PROVISIONS REGARDING ELIGI- vidual or individuals that has average an- following: BILITY.—All activities funded under this pro- nual gross receipts over the preceding 3 fis- ‘‘(P) Projects eligible for assistance under gram shall be consistent with the con- cal years in excess of $18,308,420, as adjusted the territorial highway program under sec- tinuing, cooperative, and comprehensive by the Secretary for inflation. tion 215.’’. planning processes required by section 134 (2) SOCIALLY AND ECONOMICALLY DISADVAN- (2) FUNDING.—Section 104(b)(1)(A) of title and 135. TAGED INDIVIDUALS.—The term ‘‘socially and 23, United States Code, is amended by strik- ‘‘(e) SELECTION CRITERIA.—The Secretary economically disadvantaged individuals’’ has ing ‘‘to the Virgin Islands, Guam, American shall select projects to be carried out under the meaning given the term under section Samoa, and the Commonwealth of Northern the program based on— 8(d) of the Small Business Act (15 U.S.C. Mariana Islands’’ and inserting ‘‘for the ter- ‘‘(1) whether the project is located— 637(d)) and relevant subcontracting regula- ritorial highway program authorized under ‘‘(A) in an area that is part of the Delta tions promulgated under that section, except section 215’’. Regional Authority; and that women shall be presumed to be socially (3) ANALYSIS.—The analysis for chapter 2 of ‘‘(B) on the Federal-aid system; and economically disadvantaged individuals title 23, United States Code, is amended by ‘‘(2) endorsement of the project by the for the purposes of this section. striking the item relating to section 215 and State department of transportation; and inserting the following: (c) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall ‘‘(3) evidence of the ability to complete the ‘‘215. Territorial highway program.’’. annually survey and compile a list of the project. SEC. 1819. MAGNETIC LEVITATION TRANSPOR- small business concerns referred to in sub- ‘‘(f) PROGRAM PRIORITIES.—In admin- TATION TECHNOLOGY DEPLOYMENT section (a) and the location of such concerns istering the program, the Secretary shall— PROGRAM. in the State and notify the Secretary, in ‘‘(1) encourage State and local officials to Section 322 of title 23, United States Code, writing, of the percentage of such concerns work together to develop plans for is amended— which are controlled by women, by socially multimodal and multijurisdictional trans- (1) in subsection (c)— and economically disadvantaged individuals portation decisionmaking; and (A) by striking ‘‘Not later than’’ and in- (other than women), and by individuals who ‘‘(2) give priority to projects that empha- serting the following: are women and are otherwise socially and size multimodal planning, including plan- ‘‘(1) INITIAL SOLICITATION.—Not later economically disadvantaged individuals. ning for operational improvements that— than’’; and (d) UNIFORM CERTIFICATION.—The Sec- ‘‘(A) increase the mobility of people and (B) by adding at the end the following: retary shall establish minimum uniform cri- goods; ‘‘(2) ADDITIONAL SOLICITATION.—Not later teria for State governments to use in certi- ‘‘(B) improve the safety of the transpor- than 1 year after the date of enactment of fying whether a concern qualifies for pur- tation system with respect to catastrophic— this paragraph, the Secretary may solicit ad- poses of this section. Such minimum uniform ‘‘(i) natural disasters; or ditional applications from States, or au- criteria shall include on-site visits, personal ‘‘(ii) disasters caused by human activity; thorities designated by 1 or more States, for interviews, licenses, analysis of stock owner- and financial assistance authorized by subsection ship, listing of equipment, analysis of bond- ‘‘(C) contribute to the economic vitality of (b) for planning, design, and construction of ing capacity, listing of work completed, re- the area in which the project is being carried eligible MAGLEV projects.’’; sume of principal owners, financial capacity, out. (2) in subsection (e), by striking ‘‘Prior to and type of work preferred. ‘‘(g) FEDERAL SHARE.—Amounts provided soliciting applications, the Secretary’’ and (e) COMPLIANCE WITH COURT ORDERS.— by the Delta Regional Authority to carry out inserting ‘‘The Secretary’’; Nothing in this section limits the eligibility a project under this section shall be applied

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4697 to the non-Federal share required by section amount equal to the cost of any planning, (2) redesignated as section 313; 120. engineering, design, or construction work (3) moved to appear after section 312 of ‘‘(h) AVAILABILITY OF FUNDS.—Amounts carried out by the State on any project that that title; and made available to carry out this section the Secretary determines is in accordance (4) amended by striking the section head- shall remain available until expended.’’. with the project numbered 202 under section ing and inserting the following: (b) CONFORMING AMENDMENT.—The analysis 1602 of the Transportation Equity Act for the ‘‘§ 313. Buy America’’. for chapter 1 of title 23, United States Code 21st Century (Public Law 105–178; 112 Stat. (b) CONFORMING AMENDMENTS.— (as amended by section 1814(b)), is amended 256). (1) The analysis for chapter 3 of title 23, by adding at the end the following: (b) ELIGIBILITY OF CREDIT.—The credit United States Code, is amended by inserting ‘‘178. Delta Region transportation develop- shall be eligible for use for any future pay- after the item relating to section 312 the fol- ment program.’’. ment relating to the completion of a project lowing: described in subsection (a) that is required SEC. 1825. MULTISTATE INTERNATIONAL COR- ‘‘313. Buy America.’’. RIDOR DEVELOPMENT PROGRAM. by the State under title 23, United States (2) Section 313 of title 23, United States (a) ESTABLISHMENT.—The Secretary shall Code. Code (as added by subsection (a)), is amend- establish a program to develop international SEC. 1829. APPROVAL AND FUNDING FOR CER- ed— trade corridors to facilitate the movement of TAIN CONSTRUCTION PROJECTS. (A) in subsection (a), by striking ‘‘by this freight from international ports of entry and (a) IN GENERAL.—Not later than 30 days Act’’ the first place it appears and all that inland ports through and to the interior of after the date of receipt by the Secretary of follows through ‘‘of 1978’’ and inserting ‘‘to the United States. a construction authorization request from carry out the Surface Transportation Assist- (b) ELIGIBLE RECIPIENTS.—State transpor- the State transportation department for the tation departments and metropolitan plan- State of Georgia for project number STP-189- ance Act of 1982 (96 Stat. 2097) or this title’’; ning organizations shall be eligible to re- 1(15)CT 3 in Gwinnett County, Georgia, the (B) in subsection (b), by redesignating ceive and administer funds provided under Secretary shall— paragraph (4) as paragraph (3); the program. (1) approve the project; and (C) in subsection (d), by striking ‘‘this Act,’’ and all that follows through ‘‘Code, (c) ELIGIBLE ACTIVITIES.—The Secretary (2) reserve such Federal funds available to shall make allocations under this program the Secretary as are necessary to carry out which’’ and inserting ‘‘the Surface Transpor- for any activity eligible for funding under the project. tation Assistance Act of 1982 (96 Stat. 2097) title 23, United States Code, including (b) CONFORMITY DETERMINATION.— or this title that’’; multistate highway and multistate (1) IN GENERAL.—Approval, funding, and (D) by striking subsection (e); and multimodal planning and project construc- implementation of the project referred to in (E) by redesignating subsections (f) and (g) tion. subsection (a) shall not be subject to the re- as subsections (e) and (f), respectively. (d) OTHER PROVISIONS REGARDING ELIGI- quirements of part 93 of title 40, Code of Fed- SEC. 1905. TECHNICAL AMENDMENTS TO NON- DISCRIMINATION SECTION. BILITY.—All activities funded under this pro- eral Regulations (or successor regulations). gram shall be consistent with the con- (2) REGIONAL EMISSIONS.—Notwithstanding Section 140 of title 23, United States Code, tinuing, cooperative, and comprehensive paragraph (1), all subsequent regional emis- is amended— planning processes required by sections 134 sion analyses required by section 93.118 or (1) in subsection (a)— and 135 of title 23, United States Code. 93.119 of title 40, Code of Federal Regulations (A) in the first sentence, by striking ‘‘subsection (a) of section 105 of this title’’ and in- (e) SELECTION CRITERIA.—The Secretary (or successor regulations), shall include the shall only select projects for corridors— project. serting ‘‘section 135’’; (B) in the second sentence, by striking (1) that have significant levels or increases Subtitle I—Technical Corrections ‘‘He’’ and inserting ‘‘The Secretary’’; in truck and traffic volume relating to inter- SEC. 1901. REPEAL OR UPDATE OF OBSOLETE national freight movement; (C) in the third sentence, by striking TEXT. ‘‘where he considers it necessary to assure’’ (2) connect to at least 1 international ter- (a) LETTING OF CONTRACTS.—Section 112 of minus or inland port; and inserting ‘‘if necessary to ensure’’; and title 23, United States Code, is amended— (D) in the last sentence— (3) traverse at least 3 States; and (1) by striking subsection (f); and (4) are identified by section 1105(c) of the (i) by striking ‘‘him’’ and inserting ‘‘the (2) by redesignating subsection (g) as sub- Secretary’’ and Intermodal Transportation Efficiency Act of section (f). 1991 (Public Law 102–240; 105 Stat. 2032). (ii) by striking ‘‘he’’ and inserting ‘‘the (b) FRINGE AND CORRIDOR PARKING FACILI- Secretary’’; (f) PROGRAM PRIORITIES.—In administering TIES.—Section 137(a) of title 23, United the program, the Secretary shall— (2) in subsection (b)— States Code, is amended in the first sentence (A) in the first sentence, by striking ‘‘high- (1) encourage and enable States and other by striking ‘‘on the Federal-aid urban sys- jurisdictions to work together to develop way construction’’ and inserting ‘‘surface tem’’ and inserting ‘‘on a Federal-aid high- transportation’’; and plans for multimodal and multijurisdictional way’’. transportation decisionmaking; and (B) in the second sentence— SEC. 1902. CLARIFICATION OF DATE. (2) give priority to studies that emphasize (i) by striking ‘‘as he may deem necessary’’ Section 109(g) of title 23, United States multimodal planning, including planning for and inserting ‘‘as necessary’’; and Code, is amended in the first sentence by operational improvements that increase mo- (ii) by striking ‘‘not to exceed $2,500,000 for striking ‘‘The Secretary’’ and all that fol- bility, freight productivity, access to marine the transition quarter ending September 30, lows through ‘‘of 1970’’ and inserting ‘‘Not ports, safety, and security while enhancing 1976, and’’; later than January 30, 1971, the Secretary the environment. (3) in the second sentence of subsection shall issue’’. (g) FEDERAL SHARE.—The Federal share re- (c)— quired for any study carried out under this SEC. 1903. INCLUSION OF REQUIREMENTS FOR (A) by striking ‘‘subsection 104(b)(3) of this section shall be available for obligation in SIGNS IDENTIFYING FUNDING title’’ and inserting ‘‘section 104(b)(3)’’; and SOURCES IN TITLE 23. the same manner as if the funds were appor- (B) by striking ‘‘he may deem’’; and (a) IN GENERAL.—Section 154 of the Fed- tioned under chapter I of title 23, United (4) in the heading of subsection (d), by eral-Aid Highway Act of 1987 (23 U.S.C. 101 States Code. striking ‘‘AND CONTRACTING’’. note; 101 Stat. 209) is— TITLE II—TRANSPORTATION RESEARCH SEC. 1826. AUTHORIZATION OF CONTRACT AU- (1) transferred to title 23, United States THORITY FOR STATES WITH INDIAN Code; Subtitle A—Funding RESERVATIONS. (2) redesignated as section 321; SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. Section 1214(d)(5)(A) of the Transportation (3) moved to appear after section 320 of (a) IN GENERAL.—The following sums are Equity Act for the 21st Century (23 U.S.C. 202 that title; and authorized to be appropriated out of the note; 112 Stat. 206) is amended by striking (4) amended by striking the section head- Highway Trust Fund (other than the Mass ‘‘$1,500,000 for each of fiscal years 1998 ing and inserting the following: Transit Account): through 2003’’ and inserting ‘‘$1,800,000 for (1) SURFACE TRANSPORTATION RESEARCH.— ‘‘§ 321. Signs identifying funding sources’’. each of fiscal years 2005 through 2009’’. (A) IN GENERAL.—For carrying out sections SEC. 1827. VALUE PRICING PILOT PROGRAM. (b) CONFORMING AMENDMENT.—The analysis 502, 503, 506, 507, 508, and 511 of title 23, Section 1012(b)(1) of the Intermodal Sur- for chapter 3 of title 23, United States Code, United States Code— face Transportation Efficiency Act of 1991 (23 is amended by inserting after the item relat- (i) $198,050,704 for fiscal year 2005; U.S.C. 149 note; 105 Stat. 1938) is amended in ing to section 320 the following: (ii) $201,805,220 for fiscal year 2006; the first sentence by striking ‘‘The Sec- ‘‘321. Signs identifying funding sources.’’. (iii) $204,621,107 for fiscal year 2007; retary’’ and inserting ‘‘For fiscal year 2005 SEC. 1904. INCLUSION OF BUY AMERICA RE- (iv) $206,498,365 for fiscal year 2008; and and each fiscal year thereafter, the Sec- QUIREMENTS IN TITLE 23. (v) $209,314,252 for fiscal year 2009. retary’’. (a) IN GENERAL.—Section 165 of the High- (B) SURFACE TRANSPORTATION-ENVIRON- SEC. 1828. CREDIT TO STATE OF LOUISIANA FOR way Improvement Act of 1982 (23 U.S.C. 101 MENTAL COOPERATIVE RESEARCH PROGRAM.— STATE MATCHING FUNDS. note; 96 Stat. 2136) is— For each of fiscal years 2005 through 2009, the (a) IN GENERAL.—The Secretary may pro- (1) transferred to title 23, United States Secretary shall set aside $18,772,579 of the vide a credit to the State of Louisiana in an Code; funds authorized under subparagraph (A) to

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4698 CONGRESSIONAL RECORD — SENATE May 9, 2005 carry out the surface transportation-envi- ther development and deployment of tech- (c)(3), not to exceed 10 percent of the amount ronmental cooperative research program niques to prevent and mitigate alkali silica allocated for a fiscal year under any other of under section 507 of title 23, United States reactivity; those subparagraphs. Code. (J) $1,500,000 for fiscal year 2005 shall be re- SEC. 2002. OBLIGATION CEILING. (2) TRAINING AND EDUCATION.—For carrying main available until expended for asphalt Notwithstanding any other provision of out section 504 of title 23, United States and asphalt-related reclamation research at law, the total of all obligations from Code— the South Dakota School of Mines; and amounts made available from the Highway (A) $26,281,610 for fiscal year 2005; (K) $2,500,000 for each of fiscal years 2005 Trust Fund (other than the Mass Transit Ac- (B) $27,220,239 for fiscal year 2006; through 2009 shall be made available to carry count) by section 2001(a) shall not exceed— (C) $28,158,868 for fiscal year 2007; out section 502(f)(3) of title 23, United States (1) $408,491,420 for fiscal year 2005; (D) $29,097,497 for fiscal year 2008; and Code. (2) $416,000,453 for fiscal year 2006; (E) $30,036,126 for fiscal year 2009. (2) TECHNOLOGY APPLICATION PROGRAM.—Of (3) $422,570,857 for fiscal year 2007; (3) BUREAU OF TRANSPORTATION STATIS- the amounts made available under sub- (4) $428,202,637 for fiscal year 2008; and TICS.—For the Bureau of Transportation Sta- section (a)(1), $56,317,736 for each of fiscal (5) $434,773,037 for fiscal year 2009. tistics to carry out section 111 of title 49, years 2005 through 2009 shall be available to SEC. 2003. NOTICE. United States Code, $26,281,610 for each of fis- carry out section 503 of title 23, United (a) NOTICE OF REPROGRAMMING.—If any cal years 2005 through 2009. States Code. funds authorized for carrying out this title (4) ITS STANDARDS, RESEARCH, OPERATIONAL (3) TRAINING AND EDUCATION.—Of the or the amendments made by this title are TESTS, AND DEVELOPMENT.—For carrying out amounts made available under subsection sections 524, 525, 526, 527, 528, and 529 of title (a)(2)— subject to a reprogramming action that re- 23, United States Code— (A) $11,732,862 for fiscal year 2005, $12,202,176 quires notice to be provided to the Com- (A) $115,451,358 for fiscal year 2005; for fiscal year 2006, $12,671,491 for fiscal year mittee on Appropriations of the House of (B) $118,267,245 for fiscal year 2006; 2007, $13,140,805 for fiscal year 2008, and Representatives and the Committee on Ap- (C) $121,083,132 for fiscal year 2007; $13,610,119 for fiscal year 2009 shall be avail- propriations of the Senate, notice of that ac- (D) $123,899,019 for fiscal year 2008; and able to carry out section 504(a) of title 23, tion shall be concurrently provided to the (E) $126,714,906 for fiscal year 2009. United States Code (relating to the National Committee on Transportation and Infra- (5) UNIVERSITY TRANSPORTATION CENTERS.— Highway Institute); structure and the Committee on Science of For carrying out section 510 of title 23, (B) $14,079,434 for each of fiscal years 2005 the House of Representatives and the Com- United States Code $42,238,302 for each of fis- through 2009 shall be available to carry out mittee on Environment and Public Works of cal years 2005 through 2009. section 504(b) of that title (relating to local the Senate. (b) APPLICABILITY OF TITLE 23, UNITED technical assistance); and (b) NOTICE OF REORGANIZATION.—On or be- STATES CODE.—Funds authorized to be appro- (C) $2,815,887 for each of fiscal years 2005 fore the 15th day preceding the date of any priated by subsection (a)— through 2009 shall be available to carry out major reorganization of a program, project, (1) shall be available for obligation in the section 504(c)(2) of that title (relating to the or activity of the Department of Transpor- same manner as if the funds were appor- Eisenhower Transportation Fellowship Pro- tation for which funds are authorized by this tioned under chapter 1 of title 23, United gram). title or the amendments made by this title, States Code, except that the Federal share of (4) INTERNATIONAL HIGHWAY TRANSPOR- the Secretary shall provide notice of the re- the cost of a project or activity carried out TATION OUTREACH PROGRAM.—Of the amounts organization to the Committee on Transpor- using the funds shall be the share applicable made available under subsection (a)(1), tation and Infrastructure and the Committee under section 120(b) of title 23, United States $469,314 for each of fiscal years 2005 through on Science of the House of Representatives Code, as adjusted under subsection (d) of 2009 shall be available to carry out section and the Committee on Environment and that section (unless otherwise specified or 506 of title 23, United States Code. Public Works of the Senate. otherwise determined by the Secretary); and (5) NEW STRATEGIC HIGHWAY RESEARCH PRO- Subtitle B—Research and Technology (2) shall remain available until expended. GRAM.—For each of fiscal years 2005 through SEC. 2101. RESEARCH AND TECHNOLOGY PRO- LLOCATIONS (c) A .— 2009, to carry out section 509 of title 23, GRAM. (1) SURFACE TRANSPORTATION RESEARCH.— United States Code, the Secretary shall set (a) IN GENERAL.—Chapter 5 of title 23, Of the amounts made available under sub- aside— United States Code, is amended to read as section (a)(1)— (A) $14,079,434 of the amounts made avail- follows: (A) $25,342,981 for each of fiscal years 2005 able to carry out the interstate maintenance ‘‘CHAPTER 5—RESEARCH AND through 2009 shall be available to carry out program under section 119 of title 23, United advanced, high-risk, long-term research States Code, for the fiscal year; TECHNOLOGY under section 502(d) of title 23, United States (B) $17,833,949 of the amounts made avail- ‘‘SUBCHAPTER I—SURFACE Code; able for the National Highway System under TRANSPORTATION (B) $10,000,000 for each of fiscal years 2005 section 101 of title 23, United States Code, for ‘‘Sec. through 2009 shall be available to carry out the fiscal year; ‘‘501. Definitions. the long-term pavement performance pro- (C) $12,202,176 of the amounts made avail- ‘‘502. Surface transportation research. gram under section 502(e) of that title; able to carry out the bridge program under ‘‘503. Technology application program. (C) $5,000,000 for each of fiscal years 2005 section 144 of title 23, United States Code, for ‘‘504. Training and education. through 2009 shall be available to carry out the fiscal year; ‘‘505. State planning and research. the high-performance concrete bridge re- (D) $18,772,579 of the amounts made avail- ‘‘506. International highway transportation search and technology transfer program able to carry out the surface transportation outreach program. under section 502(i) of that title, of which program under section 133 of title 23, United ‘‘507. Surface transportation-environmental $750,000 for each fiscal year shall be used by States Code, for the fiscal year; cooperative research program. the Secretary to carry out demonstration (E) $4,693,145 of the amounts made avail- ‘‘508. Surface transportation research tech- projects involving the use of ultra-high-per- able to carry out the congestion mitigation nology deployment and stra- formance concrete with ductility; and air quality improvement program under tegic planning. (D) $5,000,000 for each of fiscal years 2005 section 149 of title 23, United States Code, for ‘‘509. New strategic highway research pro- through 209 shall be made available to carry the fiscal year; and gram. out the high-performing steel bridge re- (F) $2,815,887 of the amounts made avail- ‘‘510. University transportation centers. search and technology transfer program able to carry out the highway safety im- ‘‘511. Multistate corridor operations and under section 502(k) of title 23, United States provement program under section 148 of title management. Code; 23, United States Code, for the fiscal year. ‘‘512. Transportation analysis simulation (E) $5,000,000 for each of fiscal years 2005 (6) COMMERCIAL VEHICLE INTELLIGENT system. through 2009 shall be made available to carry TRANSPORTATION SYSTEM INFRASTRUCTURE ‘‘SUBCHAPTER II—INTELLIGENT TRANS- out research on asphalt used in highway PROGRAM.—Of the amounts made available PORTATION SYSTEM RESEARCH AND pavements; under subsection (a)(4), not less than TECHNICAL ASSISTANCE PROGRAM (F) $5,000,000 for each of fiscal years 2005 $28,158,868 for each of fiscal years 2005 ‘‘521. Finding. through 2009 shall be made available to carry through 2009 shall be available to carry out ‘‘522. Goals and purposes. out research on concrete pavements; section 527 of title 23, United States Code. ‘‘523. Definitions. (G) $5,000,000 for each of fiscal years 2005 (d) TRANSFERS OF FUNDS.—The Secretary ‘‘524. General authorities and requirements. through 2009 shall be made available to carry may transfer— ‘‘525. National ITS Program Plan. out research on alternative materials; (1) to an amount made available under ‘‘526. National ITS architecture and stand- (H) $2,000,000 for each of fiscal years 2005 paragraphs (1), (2), or (4) of subsection (c), ards. through 2009 shall be made available to carry not to exceed 10 percent of the amount allo- ‘‘527. Commercial vehicle intelligent trans- out research on aggregates used in highway cated for a fiscal year under any other of portation system infrastructure pavements; those paragraphs; and program. (I) $3,000,000 for each of fiscal years 2005 (2) to an amount made available under sub- ‘‘528. Research and development. through 2009 shall be made available for fur- paragraphs (A), (B), or (C) of subsection ‘‘529. Use of funds.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0655 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4699 ‘‘SUBCHAPTER I—SURFACE ganization or person in a special account of ‘‘(4) the improvement of safety— TRANSPORTATION the Treasury established for this purpose. ‘‘(A) at intersections; ‘‘§ 501. Definitions ‘‘(B) USE OF FUNDS.—The Secretary shall ‘‘(B) with respect to accidents involving use funds made available to carry out this vehicles run off the road; and ‘‘In this subchapter: section to develop, administer, commu- ‘‘(C) on rural roads; ‘‘(1) FEDERAL LABORATORY.—The term ‘Fed- nicate, and promote the use of products of ‘‘(5) the reduction of work zone incursions eral laboratory’ includes— research, development, and technology and improvement of work zone safety; ‘‘(A) a Government-owned, Government-op- transfer programs under this section. ‘‘(6) the improvement of geometric design erated laboratory; and ‘‘(b) COLLABORATIVE RESEARCH AND DEVEL- of roads for the purpose of safety; ‘‘(B) a Government-owned, contractor-op- OPMENT.— ‘‘(7) the examination of data collected erated laboratory. ‘‘(1) IN GENERAL.—To encourage innovative through the national bridge inventory con- ‘‘(2) SAFETY.—The term ‘safety’ includes solutions to surface transportation problems ducted under section 144 using the national highway and traffic safety systems, research, and stimulate the deployment of new tech- bridge inspection standards established and development relating to— nology, the Secretary may carry out, on a under section 151, with the objectives of de- ‘‘(A) vehicle, highway, driver, passenger, cost-shared basis, collaborative research and termining whether— bicyclist, and pedestrian characteristics; development with— ‘‘(A) the most useful types of data are ‘‘(B) accident investigations; ‘‘(A) non-Federal entities (including State being collected; and ‘‘(C) integrated, interoperable emergency and local governments, foreign governments, ‘‘(B) any improvement could be made in communications; colleges and universities, corporations, insti- the types of data collected and the manner ‘‘(D) emergency medical care; and tutions, partnerships, sole proprietorships, in which the data is collected, with respect ‘‘(E) transportation of the injured. and trade associations that are incorporated to bridges in the United States; ‘‘§ 502. Surface transportation research or established under the laws of any State); ‘‘(8) the improvement of the infrastructure and investment needs report described in sub- ‘‘(a) IN GENERAL.— ‘‘(B) Federal laboratories. section (g) through— ‘‘(1) RESEARCH, DEVELOPMENT, AND TECH- ‘‘(2) AGREEMENTS.—In carrying out this ‘‘(A) the study and implementation of new NOLOGY TRANSFER ACTIVITIES.—The Secretary subsection, the Secretary may enter into co- methods of collecting better quality data, may carry out research, development, and operative research and development agree- particularly with respect to performance, technology transfer activities with respect ments (as defined in section 12 of the Steven- congestion, and infrastructure conditions; to— son-Wydler Technology Innovation Act of ‘‘(B) monitoring of the surface transpor- ‘‘(A) all phases of transportation planning 1980 (15 U.S.C. 3710a)). tation system in a system-wide manner, and development (including new tech- ‘‘(3) FEDERAL SHARE.— through the use of— nologies, construction, transportation sys- ‘‘(A) IN GENERAL.—The Federal share of the ‘‘(i) intelligent transportation system tems management and operations develop- cost of activities carried out under a cooper- technologies of traffic operations centers; ment, design, maintenance, safety, security, ative research and development agreement and financing, data collection and analysis, de- entered into under this subsection shall not ‘‘(ii) other new data collection tech- mand forecasting, multimodal assessment, exceed 50 percent, except that if there is sub- nologies as sources of better quality per- and traffic conditions); and stantial public interest or benefit, the Sec- formance data; ‘‘(B) the effect of State laws on the activi- retary may approve a greater Federal share. ‘‘(C) the determination of the critical ties described in subparagraph (A). ‘‘(B) NON-FEDERAL SHARE.—All costs di- metrics that should be used to determine the ‘‘(2) TESTS AND DEVELOPMENT.—The Sec- rectly incurred by the non-Federal partners, condition and performance of the surface retary may test, develop, or assist in testing including personnel, travel, and hardware de- transportation system; and and developing, any material, invention, pat- velopment costs, shall be credited toward the ‘‘(D) the study and implementation of new ented article, or process. non-Federal share of the cost of the activi- methods of statistical analysis and computer ‘‘(3) COOPERATION, GRANTS, AND CON- ties described in subparagraph (A). models to improve the prediction of future TRACTS.— ‘‘(4) USE OF TECHNOLOGY.—The research, de- infrastructure investment requirements; ‘‘(A) IN GENERAL.—The Secretary may velopment, or use of a technology under a ‘‘(9) the development of methods to im- carry out this section— cooperative research and development agree- prove the determination of benefits from in- ‘‘(i) independently; ment entered into under this subsection, infrastructure improvements, including— ‘‘(ii) in cooperation with— cluding the terms under which the tech- ‘‘(A) more accurate calculations of benefit- ‘‘(I) any other Federal agency or instru- nology may be licensed and the resulting to-cost ratios, considering benefits and im- mentality; and royalties may be distributed, shall be subject pacts throughout local and regional trans- ‘‘(II) any Federal laboratory; or to the Stevenson-Wydler Technology Innova- portation systems; ‘‘(iii) by making grants to, or entering into tion Act of 1980 (15 U.S.C. 3701 et seq.). ‘‘(B) improvements in calculating life- contracts, cooperative agreements, and other ‘‘(5) WAIVER OF ADVERTISING REQUIRE- cycle costs; and transactions with— MENTS.—Section 3709 of the Revised Statutes ‘‘(C) valuation of assets; ‘‘(I) the National Academy of Sciences; (41 U.S.C. 5) shall not apply to a contract or ‘‘(10) the improvement of planning proc- ‘‘(II) the American Association of State agreement entered into under this chapter. esses to better predict outcomes of transpor- Highway and Transportation Officials; ‘‘(c) CONTENTS OF RESEARCH PROGRAM.— tation projects, including the application of ‘‘(III) planning organizations; The Secretary shall include as priority areas computer simulations in the planning proc- ‘‘(IV) a Federal laboratory; of effort within the surface transportation ess to predict outcomes of planning deci- ‘‘(V) a State agency; research program— sions; ‘‘(VI) an authority, association, institu- ‘‘(1) the development of new technologies ‘‘(11) the multimodal applications of Geo- tion, or organization; and methods in materials, pavements, struc- graphic Information Systems and remote ‘‘(VII) a for-profit or nonprofit corporation; tures, design, and construction, with the ob- sensing, including such areas of application ‘‘(VIII) a foreign country; or jectives of— as— ‘‘(IX) any other person. ‘‘(A)(i) increasing to 50 years the expected ‘‘(A) planning; ‘‘(B) COMPETITION; REVIEW.—All parties en- life of pavements; ‘‘(B) environmental decisionmaking and tering into contracts, cooperative agree- ‘‘(ii) increasing to 100 years the expected project delivery; and ments or other transactions with the Sec- life of bridges; and ‘‘(C) freight movement; retary, or receiving grants, to perform re- ‘‘(iii) significantly increasing the dura- ‘‘(12) the development and application of search or provide technical assistance under bility of other infrastructure; methods of providing revenues to the High- this section shall be selected, to the max- ‘‘(B) lowering the life-cycle costs, includ- way Trust Fund with the objective of offset- imum extent practicable and appropriate— ing— ting potential reductions in fuel tax receipts; ‘‘(i) on a competitive basis; and ‘‘(i) construction costs; ‘‘(13) the development of tests and methods ‘‘(ii) on the basis of the results of peer re- ‘‘(ii) maintenance costs; to determine the benefits and costs to com- view of proposals submitted to the Sec- ‘‘(iii) operations costs; and munities of major transportation invest- retary. ‘‘(vi) user costs. ments and projects; ‘‘(4) TECHNOLOGICAL INNOVATION.—The pro- ‘‘(2) the development, and testing for effec- ‘‘(14) the conduct of extreme weather re- grams and activities carried out under this tiveness, of nondestructive evaluation tech- search, including research to— section shall be consistent with the surface nologies for civil infrastructure using exist- ‘‘(A) reduce contraction and expansion transportation research and technology de- ing and new technologies; damage; velopment strategic plan developed under ‘‘(3) the investigation of— ‘‘(B) reduce or repair road damage caused section 508(c). ‘‘(A) the application of current natural by freezing and thawing; ‘‘(5) FUNDS.— hazard mitigation techniques to manmade ‘‘(C) improve deicing or snow removal ‘‘(A) SPECIAL ACCOUNT.—In addition to hazards; and techniques; other funds made available to carry out this ‘‘(B) the continuation of hazard mitigation ‘‘(D) develop better methods to reduce the section, the Secretary shall use such funds research combining manmade and natural risk of thermal collapse, including collapse as may be deposited by any cooperating or- hazards; from changes in underlying permafrost;

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4700 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(E) improve concrete and asphalt instal- ‘‘(ii) make such allowances as are nec- ‘‘(i) vulnerabilities of, and measures that lation in extreme weather conditions; and essary to ensure the usefulness of the tech- may be taken to improve, emergency re- ‘‘(F) make other improvements to protect nological advances resulting from the pro- sponse capabilities and evacuations; highway infrastructure or enhance highway gram. ‘‘(ii) recommended upgrades of traffic man- safety or performance; ‘‘(f) SEISMIC RESEARCH.—The Secretary agement during crises; ‘‘(15) the improvement of surface transpor- shall— ‘‘(iii) integrated, interoperable emergency tation planning; ‘‘(1) in consultation and cooperation with communications among the public, the mili- ‘‘(16) environmental research; Federal agencies participating in the Na- tary, law enforcement, fire and emergency ‘‘(17) transportation system management tional Earthquake Hazards Reduction Pro- medical services, and transportation agen- and operations; and gram established by section 5 of the Earth- cies; ‘‘(18) any other surface transportation re- quake Hazards Reduction Act of 1977 (42 ‘‘(iv) protection of critical, security-research topics that the Secretary determines, U.S.C. 7704), coordinate the conduct of seis- lated infrastructure; and in accordance with the strategic planning mic research; ‘‘(v) structural reinforcement of key facili- process under section 508, to be critical. ‘‘(2) take such actions as are necessary to ties. ‘‘(d) ADVANCED, HIGH-RISK RESEARCH.— ensure that the coordination of the research ‘‘(3) SUBMISSION.—On completion of the ‘‘(1) IN GENERAL.—The Secretary shall es- is consistent with— plan under this subsection, the Secretary tablish and carry out, in accordance with the ‘‘(A) planning and coordination activities shall submit to the Committee on Environ- surface transportation research and tech- of the Director of the Federal Emergency ment and Public Works of the Senate and nology development strategic plan developed Management Agency under section 5(b)(1) of the Committee on Transportation and Infra- under section 508(c) and research priority that Act (42 U.S.C. 7704(b)(1)); and structure of the House of Representatives— areas described in subsection (c), an ad- ‘‘(B) the plan developed by the Director of ‘‘(A) a copy of the plan developed under vanced research program that addresses the Federal Emergency Management Agency paragraph (1); and longer-term, higher-risk research with po- under section 8(b) of that Act (42 U.S.C. ‘‘(B) a copy of a memorandum of under- tentially dramatic breakthroughs for im- 7705b(b)); and standing specifying coordination strategies proving the durability, efficiency, environ- ‘‘(3) in cooperation with the Center for and assignment of responsibilities covered mental impact, productivity, and safety (in- Civil Engineering Research at the University by the plan that is signed by the Secretary cluding bicycle and pedestrian safety) as- of Nevada, Reno, carry out a seismic re- and the Secretary of Homeland Security. pects of highway and intermodal transpor- search program— ‘‘(i) HIGH-PERFORMANCE CONCRETE BRIDGE tation systems. ‘‘(A) to study the vulnerability of the Fed- RESEARCH AND TECHNOLOGY TRANSFER PRO- GRAM.—In accordance with the objectives de- ‘‘(2) PARTNERSHIPS.—In carrying out the eral-aid highway system and other surface program, the Secretary shall seek to develop transportation systems to seismic activity; scribed in subsection (c)(1) and the requirements under sections 503(b)(4) and 504(b), the partnerships with the public and private sec- ‘‘(B) to develop and implement cost-effec- Secretary shall carry out a program to dem- tors. tive methods to reduce the vulnerability; onstrate the application of high-performance ‘‘(3) REPORT.—The Secretary shall include and concrete in the construction and rehabilita- in the strategic plan required under section ‘‘(C) to conduct seismic research and up- tion of bridges. grade earthquake simulation facilities as 508(c) a description of each of the projects, ‘‘(j) BIOBASED TRANSPORTATION RE- and the amount of funds expended for each necessary to carry out the program. SEARCH.—There shall be available from the project, carried out under this subsection ‘‘(g) INFRASTRUCTURE INVESTMENT NEEDS Highway Trust Fund (other than the Mass during the fiscal year. REPORT.— Transit Account) $12,000,000 for each of fiscal ‘‘(e) LONG-TERM PAVEMENT PERFORMANCE ‘‘(1) IN GENERAL.—Not later than July 31, years 2005 through 2009 equally divided and PROGRAM.— 2005, and July 31 of every second year there- available to carry out biobased research of ‘‘(1) AUTHORITY.—The Secretary shall con- after, the Secretary shall submit to the Com- national importance at the National Bio- tinue, through September 30, 2009, the long- mittee on Environment and Public Works of diesel Board and at research centers identi- term pavement performance program tests, the Senate and the Committee on Transpor- fied in section 9011 of Public Law 107–171. monitoring, and data analysis. tation and Infrastructure of the House of ‘‘(k) HIGH-PERFORMING STEEL BRIDGE RE- ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, Representatives a report that describes— SEARCH AND TECHNOLOGY TRANSFER PRO- AND CONTRACTS.—Under the program, the ‘‘(A) estimates of the future highway and GRAM.—In accordance with the objectives de- Secretary shall make grants and enter into bridge needs of the United States; and scribed in subsection (c)(1) and the require- cooperative agreements and contracts to— ‘‘(B) the backlog of current highway and ments under sections 503(b)(4) and 504(b), the ‘‘(A) monitor, material-test, and evaluate bridge needs. Secretary shall carry out a program to dem- highway test sections in existence as of the ‘‘(2) COMPARISON WITH PRIOR REPORTS.— onstrate the application of high-performing date of the grant, agreement, or contract; Each report under paragraph (1) shall pro- steel in the construction and rehabilitation ‘‘(B) analyze the data obtained in carrying vide the means, including all necessary in- of bridges. out subparagraph (A); and formation, to relate and compare the condi- ‘‘§ 503. Technology application program ‘‘(C) prepare products to fulfill program ob- tions and service measures used in the pre- ‘‘(a) TECHNOLOGY APPLICATION INITIATIVES jectives and meet future pavement tech- vious biennial reports. AND PARTNERSHIPS PROGRAM.— nology needs. ‘‘(h) SECURITY RELATED RESEARCH AND ‘‘(1) ESTABLISHMENT.—The Secretary, in ‘‘(3) CONCLUSION OF PROGRAM.— TECHNOLOGY TRANSFER ACTIVITIES.— consultation with interested stakeholders, ‘‘(A) SUMMARY REPORT.—The Secretary ‘‘(1) IN GENERAL.—Not later than 180 days shall develop and administer a national tech- shall include in the strategic plan required after the date of enactment of the Safe, Ac- nology and innovation application initia- under section 508(c) a report on the initial countable, Flexible, and Efficient Transpor- tives and partnerships program. conclusions of the long-term pavement per- tation Equity Act of 2005, the Secretary, in ‘‘(2) PURPOSE.—The purpose of the program formance program that includes— consultation with the Secretary of Homeland shall be to significantly accelerate the adop- ‘‘(i) an analysis of any research objectives Security, with key stakeholder input (in- tion of technology and innovation by the that remain to be achieved under the pro- cluding State transportation departments) surface transportation community. gram; shall develop a 5-year strategic plan for re- ‘‘(3) APPLICATION GOALS.— ‘‘(ii) an analysis of other associated longer- search and technology transfer and deploy- ‘‘(A) ESTABLISHMENT.—Not later than 180 term expenditures under the program that ment activities pertaining to the security as- days after the date of enactment of the Safe, are in the public interest; pects of highway infrastructure and oper- Accountable, Flexible, and Efficient Trans- ‘‘(iii) a detailed plan regarding the storage, ations. portation Equity Act of 2005, the Secretary, maintenance, and user support of the data- ‘‘(2) COMPONENTS OF PLAN.—The plan shall in consultation with the Surface Transpor- base, information management system, and include— tation Research Technology Advisory Com- materials reference library of the program; ‘‘(A) an identification of which agencies mittee, State transportation departments, ‘‘(iv) a schedule for continued implementa- are responsible for the conduct of various re- and other interested stakeholders, shall es- tion of the necessary data collection and search and technology transfer activities; tablish, as part of the surface transportation analysis and project plan under the program; ‘‘(B) a description of the manner in which research and technology development stra- and those activities will be coordinated; and tegic plan under section 508(c), goals to carry ‘‘(v) an estimate of the costs of carrying ‘‘(C) a description of the process to be used out paragraph (1). out each of the activities described in to ensure that the advances derived from rel- ‘‘(B) DESIGN.—Each of the goals and the clauses (i) through (iv) for each fiscal year evant activities supported by the Federal program developed to achieve the goals shall during which the program is carried out. Highway Administration are consistent with be designed to provide tangible benefits, ‘‘(B) DEADLINE; USEFULNESS OF ADVANCES.— the operational guidelines, policies, rec- with respect to transportation systems, in The Secretary shall, to the maximum extent ommendations, and regulations of the De- the areas of efficiency, safety, reliability, practicable— partment of Homeland Security; and service life, environmental protection, and ‘‘(i) ensure that the long-term pavement ‘‘(D) a systematic evaluation of the re- sustainability. performance program is concluded not later search that should be conducted to address, ‘‘(C) STRATEGIES FOR ACHIEVEMENT.—For than September 30, 2009; and at a minimum— each goal, the Secretary, in cooperation with

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4701 representatives of the transportation com- onstrate the application of innovative mate- tation Officials, may develop courses relat- munity, such as States, local governments, rials and methods. ing to technology, methods, techniques, en- the private sector, and academia, shall use ‘‘(B) APPLICATIONS.— gineering, construction, safety, mainte- domestic and international technology to de- ‘‘(i) IN GENERAL.—To receive a grant under nance, environmental mitigation and com- velop strategies and initiatives to achieve this subsection, an entity described in sub- pliance, regulations, management, inspec- the goal, including technical assistance in paragraph (A) shall submit to the Secretary tion, and finance. deploying technology and mechanisms for an application in such form and containing ‘‘(C) REVISION OF COURSES OFFERED.—The sharing information among program partici- such information as the Secretary may re- Institute shall periodically— pants. quire. ‘‘(i) review the course inventory of the In- ‘‘(4) INTEGRATION WITH OTHER PROGRAMS.— ‘‘(ii) APPROVAL.—The Secretary shall se- stitute; and The Secretary shall integrate activities car- lect and approve an application based on ‘‘(ii) revise or cease to offer courses based ried out under this subsection with the ef- whether the proposed project that is the sub- on course content, applicability, and need. forts of the Secretary to— ject of the application would meet the goals ‘‘(4) ELIGIBILITY; FEDERAL SHARE.—The ‘‘(A) disseminate the results of research described in paragraph (2). funds apportioned to a State under section sponsored by the Secretary; and ‘‘(4) TECHNOLOGY AND INFORMATION TRANS- 104(b)(3) for the surface transportation pro- ‘‘(B) facilitate technology transfer. FER.—The Secretary shall take such action gram shall be available for expenditure by ‘‘(5) LEVERAGING OF FEDERAL RESOURCES.— as is necessary to— the State transportation department for the In selecting projects to be carried out under ‘‘(A) ensure that the information and tech- payment of not to exceed 80 percent of the this subsection, the Secretary shall give nology resulting from research conducted cost of tuition and direct educational ex- preference to projects that leverage Federal under paragraph (3) is made available to penses (excluding salaries) in connection funds with other significant public or private State and local transportation departments with the education and training of employ- resources. and other interested parties, as specified by ees of State and local transportation agen- ‘‘(6) GRANTS, COOPERATIVE AGREEMENTS, the Secretary; and cies in accordance with this subsection. AND CONTRACTS.—Under the program, the ‘‘(B) encourage the use of the information ‘‘(5) FEDERAL RESPONSIBILITY.— Secretary may make grants and enter into and technology. ‘‘(A) IN GENERAL.—Except as provided in cooperative agreements and contracts to fos- ‘‘(5) FEDERAL SHARE.—The Federal share of subparagraph (B), education and training of ter alliances and support efforts to stimulate the cost of a project under this section shall employees of Federal, State, and local trans- advances in transportation technology. be determined by the Secretary. portation (including highway) agencies au- ‘‘(7) REPORTS.—The results and progress of ‘‘§ 504. Training and education thorized under this subsection may be pro- activities carried out under this section shall ‘‘(a) NATIONAL HIGHWAY INSTITUTE.— vided— be published as part of the annual transpor- ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(i) by the Secretary, at no cost to the tation research report prepared by the Sec- ‘‘(A) operate, in the Federal Highway Ad- States and local governments, if the Sec- retary under section 508(c)(5). ministration, a National Highway Institute retary determines that provision at no cost ‘‘(8) ALLOCATION.—To the extent appro- (referred to in this subsection as the ‘Insti- is in the public interest; or priate to achieve the goals established under tute’); and ‘‘(ii) by the State, through grants, coopera- paragraph (3), the Secretary may further al- ‘‘(B) administer, through the Institute, the tive agreements, and contracts with public locate funds made available to carry out this authority vested in the Secretary by this and private agencies, institutions, individ- section to States for use by those States. title or by any other law for the development uals, and the Institute. ‘‘(b) INNOVATIVE SURFACE TRANSPORTATION and conduct of education and training pro- ‘‘(B) PAYMENT OF FULL COST BY PRIVATE INFRASTRUCTURE RESEARCH AND CONSTRUC- grams relating to highways. PERSONS.—Private agencies, international or TION PROGRAM.— ‘‘(2) DUTIES OF THE INSTITUTE.—In coopera- foreign entities, and individuals shall pay ‘‘(1) IN GENERAL.—The Secretary shall es- tion with State transportation departments, the full cost of any education and training tablish and carry out a program for the ap- industries in the United States, and national (including the cost of course development) plication of innovative material, design, and or international entities, the Institute shall received by the agencies, entities, and indi- construction technologies in the construc- develop and administer education and train- viduals, unless the Secretary determines tion, preservation, and rehabilitation of ele- ing programs of instruction for— that payment of a lesser amount of the cost ments of surface transportation infrastruc- ‘‘(A) Federal Highway Administration, is of critical importance to the public inter- ture. State, and local transportation agency em- est. ‘‘(2) GOALS.—The goals of the program ployees; ‘‘(6) TRAINING FELLOWSHIPS; COOPERATION.— shall include— ‘‘(B) regional, State, and metropolitan The Institute may— ‘‘(A) the development of new, cost-effec- planning organizations; ‘‘(A) engage in training activities author- tive, and innovative materials; ‘‘(C) State and local police, public safety, ized under this subsection, including the ‘‘(B) the reduction of maintenance costs and motor vehicle employees; and granting of training fellowships; and and life-cycle costs of elements of infrastruc- ‘‘(D) United States citizens and foreign na- ‘‘(B) exercise the authority of the Institute ture, including the costs of new construc- tionals engaged or to be engaged in surface independently or in cooperation with any— tion, replacement, and rehabilitation; transportation work of interest to the ‘‘(i) other Federal or State agency; ‘‘(C) the development of construction tech- United States. ‘‘(ii) association, authority, institution, or niques to increase safety and reduce con- ‘‘(3) COURSES.— organization; struction time and traffic congestion; ‘‘(A) IN GENERAL.—The Institute shall— ‘‘(iii) for-profit or nonprofit corporation; ‘‘(D) the development of engineering design ‘‘(i) develop or update existing courses in ‘‘(iv) national or international entity; criteria for innovative products and mate- asset management, including courses that ‘‘(v) foreign country; or rials for use in surface transportation infra- include such components as— ‘‘(vi) person. structure; ‘‘(I) the determination of life-cycle costs; ‘‘(7) COLLECTION OF FEES.— ‘‘(E) the development of highway bridges ‘‘(II) the valuation of assets; ‘‘(A) IN GENERAL.—In accordance with this and structures that will withstand natural ‘‘(III) benefit-to-cost ratio calculations; subsection, the Institute may assess and col- disasters and disasters caused by human ac- and lect fees to defray the costs of the Institute tivity; and ‘‘(IV) objective decisionmaking processes in developing or administering education ‘‘(F) the development of new, non- for project selection; and and training programs under this subsection. destructive technologies and techniques for ‘‘(ii) continually develop courses relating ‘‘(B) PERSONS SUBJECT TO FEES.—Fees may the evaluation of elements of transportation to the application of emerging technologies be assessed and collected under this sub- infrastructure. for— section only with respect to— ‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, ‘‘(I) transportation infrastructure applica- ‘‘(i) persons and entities for whom edu- AND CONTRACTS.— tions and asset management; cation or training programs are developed or ‘‘(A) IN GENERAL.—Under the program, the ‘‘(II) intelligent transportation systems; administered under this subsection; and Secretary shall make grants to, and enter ‘‘(III) operations (including security oper- ‘‘(ii) persons and entities to whom edu- into cooperative agreements and contracts ations); cation or training is provided under this sub- with— ‘‘(IV) the collection and archiving of data; section. ‘‘(i) States, other Federal agencies, univer- ‘‘(V) expediting the planning and develop- ‘‘(C) AMOUNT OF FEES.—The fees assessed sities and colleges, private sector entities, ment of transportation projects; and and collected under this subsection shall be and nonprofit organizations, to pay the Fed- ‘‘(VI) the intermodal movement of individ- established in a manner that ensures that eral share of the cost of research, develop- uals and freight. the liability of any person or entity for a fee ment, and technology transfer concerning in- ‘‘(B) ADDITIONAL COURSES.—In addition to is reasonably based on the proportion of the novative materials and methods; and the courses developed under subparagraph costs referred to in subparagraph (A) that re- ‘‘(ii) States, to pay the Federal share of the (A), the Institute, in consultation with State late to the person or entity. cost of repair, rehabilitation, replacement, transportation departments, metropolitan ‘‘(D) USE.—All fees collected under this and new construction of elements of surface planning organizations, and the American subsection shall be used, without further ap- transportation infrastructure that dem- Association of State Highway and Transpor- propriation, to defray costs associated with

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4702 CONGRESSIONAL RECORD — SENATE May 9, 2005 the development or administration of edu- known as the ‘Dwight David Eisenhower available to carry out this section for any cation and training programs authorized Transportation Fellowship Program’, for the purpose authorized under section 506(a). under this subsection. purpose of attracting qualified students to ‘‘§ 506. International highway transportation ‘‘(8) RELATION TO FEES.—The funds made the field of transportation. outreach program available to carry out this subsection may be ‘‘§ 505. State planning and research ‘‘(a) ESTABLISHMENT.—The Secretary may combined with or held separate from the fees ‘‘(a) IN GENERAL.—Two percent of the sums establish an international highway transpor- collected under— apportioned to a State for fiscal year 2005 tation outreach program— ‘‘(A) paragraph (7); and each fiscal year thereafter under sec- ‘‘(1) to inform the United States highway ‘‘(B) memoranda of understanding; tions 104 (other than subsections (f) and (h)) community of technological innovations in ‘‘(C) regional compacts; and and 144 shall be available for expenditure by foreign countries that could significantly ‘‘(D) other similar agreements. the State, in consultation with the Sec- improve highway transportation in the ‘‘(b) LOCAL TECHNICAL ASSISTANCE PRO- GRAM.— retary, only for— United States; ‘‘(1) AUTHORITY.—The Secretary shall carry ‘‘(1) the conduct of engineering and eco- ‘‘(2) to promote United States highway out a local technical assistance program nomic surveys and investigations; transportation expertise, goods, and services that will provide access to surface transpor- ‘‘(2) the planning of— in foreign countries; and tation technology to— ‘‘(A) future highway programs and local ‘‘(3) to increase transfers of United States ‘‘(A) highway and transportation agencies public transportation systems; and highway transportation technology to for- in urbanized areas; ‘‘(B) the financing of those programs and eign countries. ‘‘(B) highway and transportation agencies systems, including metropolitan and state- ‘‘(b) ACTIVITIES.—Activities carried out in rural areas; wide planning under sections 134 and 135; under the program may include— ‘‘(C) contractors that perform work for the ‘‘(3) the development and implementation ‘‘(1) the development, monitoring, assess- agencies; and of management systems under section 303; ment, and dissemination in the United ‘‘(D) infrastructure security. ‘‘(4) the conduct of studies on— States of information about highway trans- ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, ‘‘(A) the economy, safety, and convenience portation innovations in foreign countries AND CONTRACTS.—The Secretary may make of surface transportation systems; and that could significantly improve highway grants and enter into cooperative agree- ‘‘(B) the desirable regulation and equitable transportation in the United States; ments and contracts to provide education taxation of those systems; ‘‘(2) research, development, demonstration, and training, technical assistance, and re- ‘‘(5) research, development, and technology training, and other forms of technology lated support services to— transfer activities necessary in connection transfer and exchange; ‘‘(A) assist rural, local transportation with the planning, design, construction, ‘‘(3) the provision to foreign countries, agencies and tribal governments, and the management, and maintenance of highway, through participation in trade shows, semi- consultants and construction personnel public transportation, and intermodal trans- nars, expositions, and other similar activi- working for the agencies and governments, portation systems; ties, of information relating to the technical to— ‘‘(6) the conduct of studies, research, and quality of United States highway transpor- ‘‘(i) develop and expand expertise in road training relating to the engineering stand- tation goods and services; and transportation areas (including pave- ards and construction materials for surface ‘‘(4) the offering of technical services of ment, bridge, concrete structures, inter- transportation systems described in para- the Federal Highway Administration that modal connections, safety management sys- graph (5) (including the evaluation and ac- cannot be readily obtained from private sec- tems, intelligent transportation systems, in- creditation of inspection and testing and the tor firms in the United States for incorpora- cident response, operations, and traffic safe- regulation of and charging for the use of the tion into the proposals of those firms under- ty countermeasures); standards and materials); and taking highway transportation projects out- ‘‘(ii) improve roads and bridges; ‘‘(7) the conduct of activities relating to side the United States, if the costs of the ‘‘(iii) enhance— the planning of real-time monitoring ele- technical services will be recovered under ‘‘(I) programs for the movement of pas- ments. the terms of the project; sengers and freight; and ‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, ‘‘(5) the conduct of studies to assess the ‘‘(II) intergovernmental transportation DEVELOPMENT, AND TECHNOLOGY TRANSFER need for, or feasibility of, highway transpor- planning and project selection; and ACTIVITIES.— tation improvements in foreign countries; ‘‘(iv) deal effectively with special transpor- ‘‘(1) IN GENERAL.—Subject to paragraph (2), and tation-related problems by preparing and not less than 25 percent of the funds subject ‘‘(6) the gathering and dissemination of in- providing training packages, manuals, guide- to subsection (a) that are apportioned to a formation on foreign transportation markets lines, and technical resource materials; State for a fiscal year shall be expended by and industries. ‘‘(B) develop technical assistance for tour- the State for research, development, and ‘‘(c) COOPERATION.—The Secretary may ism and recreational travel; technology transfer activities that— carry out this section in cooperation with ‘‘(C) identify, package, and deliver trans- ‘‘(A) are described in subsection (a); and any appropriate— portation technology and traffic safety infor- ‘‘(B) relate to highway, public transpor- ‘‘(1) Federal, State, or local agency; mation to local jurisdictions to assist urban tation, and intermodal transportation sys- ‘‘(2) authority, association, institution, or transportation agencies in developing and tems. organization; expanding their ability to deal effectively ‘‘(2) WAIVERS.—The Secretary may waive ‘‘(3) for-profit or nonprofit corporation; with transportation-related problems (par- the application of paragraph (1) with respect ‘‘(4) national or international entity; ticularly the promotion of regional coopera- to a State for a fiscal year if— ‘‘(5) foreign country; or tion); ‘‘(A) the State certifies to the Secretary ‘‘(6) person. ‘‘(D) operate, in cooperation with State for the fiscal year that total expenditures by ‘‘(d) FUNDS.— transportation departments and univer- the State for transportation planning under ‘‘(1) CONTRIBUTIONS.—Funds available to sities— sections 134 and 135 will exceed 75 percent of carry out this section shall include funds de- ‘‘(i) local technical assistance program the funds described in paragraph (1); and posited by any cooperating organization or centers designated to provide transportation ‘‘(B) the Secretary accepts the certifi- person into a special account of the Treasury technology transfer services to rural areas cation of the State. established for this purpose. and to urbanized areas; and ‘‘(3) NONAPPLICABILITY OF ASSESSMENT.— ‘‘(2) ELIGIBLE USES OF FUNDS.—The funds ‘‘(ii) local technical assistance program Funds expended under paragraph (1) shall deposited into the account, and other funds centers designated to provide transportation not be considered to be part of the extra- available to carry out this section, shall be technical assistance to tribal governments; mural budget of the agency for the purpose available to cover the cost of any activity el- and of section 9 of the Small Business Act (15 igible under this section, including the cost ‘‘(E) allow local transportation agencies U.S.C. 638). of— and tribal governments, in cooperation with ‘‘(c) FEDERAL SHARE.—The Federal share of ‘‘(A) promotional materials; the private sector, to enhance new tech- the cost of a project carried out using funds ‘‘(B) travel; nology implementation. subject to subsection (a) shall be the share ‘‘(C) reception and representation ex- ‘‘(c) RESEARCH FELLOWSHIPS.— applicable under section 120(b), as adjusted penses; and ‘‘(1) GENERAL AUTHORITY.—The Secretary, under subsection (d) of that section. ‘‘(D) salaries and benefits. acting independently or in cooperation with ‘‘(d) ADMINISTRATION OF SUMS.—Funds sub- ‘‘(3) REIMBURSEMENTS FOR SALARIES AND other Federal agencies and instrumental- ject to subsection (a) shall be— BENEFITS.—Reimbursements for salaries and ities, may make grants for research fellow- ‘‘(1) combined and administered by the benefits of Department of Transportation ships for any purpose for which research is Secretary as a single fund; and employees providing services under this sec- authorized by this chapter. ‘‘(2) available for obligation for the period tion shall be credited to the account. ‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR- described in section 118(b)(2). ‘‘(e) REPORT—For each fiscal year, the Sec- TATION FELLOWSHIP PROGRAM.—The Secretary ‘‘(e) ELIGIBLE USE OF STATE PLANNING AND retary shall submit to the Committee on En- shall establish and implement a transpor- RESEARCH FUNDS.—A State, in coordination vironment and Public Works of the Senate tation research fellowship program, to be with the Secretary, may obligate funds made and the Committee on Transportation and

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Infrastructure of the House of Representa- ‘‘(ii) focuses on surface transportation re- ‘‘(b) IMPLEMENTATION.—The Secretary tives a report that describes the destinations search funded through paragraphs (1), (2), (4), shall— and individual trip costs of international and (5) of section 2001(a) of the Safe, Ac- ‘‘(1) provide for the integrated planning, travel conducted in carrying out activities countable, Flexible, and Efficient Transpor- coordination, and consultation among the described in this section. tation Equity Act of 2005, taking into consid- operating administrations of the Department ‘‘§ 507. Surface transportation-environmental eration national surface transportation sys- of Transportation, all other Federal agencies cooperative research program tem needs and intermodality requirements; with responsibility for surface transpor- ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(B) coordinate Federal surface transportation research and technology development, tablish and carry out a surface transportation research, technology development, State and local governments, institutions of tation-environmental cooperative research and deployment activities; higher education, industry, and other private program. ‘‘(C) at such intervals as are appropriate and public sector organizations engaged in ‘‘(b) CONTENTS.—The program carried out and practicable, measure the results of those surface transportation-related research and under this section may include research— activities and the ways in which the activi- development activities; and ‘‘(1) to develop more accurate models for ties affect the performance of the surface ‘‘(2) ensure that the surface transportation evaluating transportation control measures transportation systems of the United States; research and technology development pro- and transportation system designs that are and grams of the Department do not duplicate appropriate for use by State and local gov- ‘‘(D) ensure, to the maximum extent prac- other Federal, State, or private sector re- ernments (including metropolitan planning ticable, that planning and reporting activi- search and development programs. organizations) in designing implementation ties carried out under this section are co- ‘‘(c) SURFACE TRANSPORTATION RESEARCH plans to meet Federal, State, and local envi- ordinated with all other surface transpor- AND TECHNOLOGY DEPLOYMENT STRATEGIC ronmental requirements; tation planning and reporting requirements. PLAN.— ‘‘(2) to improve understanding of the fac- ‘‘(2) SURFACE TRANSPORTATION RESEARCH ‘‘(1) IN GENERAL.—After receiving, and tors that contribute to the demand for trans- TECHNOLOGY ADVISORY COMMITTEE.— based on, extensive consultation and input portation; ‘‘(A) ESTABLISHMENT.—Not later than 90 from stakeholders representing the transpor- ‘‘(3) to develop indicators of economic, so- days after the date of enactment of the Safe, tation community and the Surface Transpor- cial, and environmental performance of Accountable, Flexible, and Efficient Trans- tation Research Advisory Committee, the transportation systems to facilitate analysis portation Equity Act of 2005, the Secretary Secretary shall, not later than 1 year after of potential alternatives; shall establish a committee to be known as the date of enactment of the Safe, Account- ‘‘(4) to meet additional priorities as deter- the ‘Surface Transportation Research Tech- able, Flexible, and Efficient Transportation mined by the Secretary in the strategic plan- nology Advisory Committee’ (referred to in Equity Act of 2005, complete, and shall peri- ning process under section 508; and this section as the ‘Committee’). odically update thereafter, a strategic plan ‘‘(5) to refine, through the conduct of ‘‘(B) MEMBERSHIP.—The Committee shall for each of the core surface transportation workshops, symposia, and panels, and in con- be composed of 12 members appointed by the research areas, including— sultation with stakeholders (including the Secretary— ‘‘(A) safety; Department of Energy, the Environmental ‘‘(i) each of which shall have expertise in a ‘‘(B) operations; Protection Agency, and other appropriate particular area relating to Federal surface ‘‘(C) infrastructure (including pavements Federal and State agencies and associations) transportation programs, including— and structures); the scope and research emphases of the pro- ‘‘(I) safety; ‘‘(D) planning and environment; gram. ‘‘(II) operations; ‘‘(E) policy; and ‘‘(c) PROGRAM ADMINISTRATION.—The Sec- ‘‘(III) infrastructure (including pavements ‘‘(F) asset management. retary shall— and structures); ‘‘(2) COMPONENTS.—The strategic plan shall ‘‘(1) administer the program established ‘‘(IV) planning and environment; specify— under this section; and ‘‘(V) policy; and ‘‘(A) surface transportation research objec- ‘‘(2) ensure, to the maximum extent prac- ‘‘(VI) asset management; and tives and priorities; ticable, that— ‘‘(ii) of which— ‘‘(B) specific surface transportation re- ‘‘(A) the best projects and researchers are ‘‘(I) 3 members shall be individuals rep- search projects to be conducted; selected to conduct research in the priority resenting the Federal Government; ‘‘(C) recommended technology transfer ac- areas described in subsection (b)— ‘‘(II) 3 members— tivities to promote the deployment of ad- ‘‘(i) on the basis of merit of each submitted ‘‘(aa) shall be exceptionally qualified to vances resulting from the surface transpor- proposal; and serve on the Committee, as determined by tation research conducted; and ‘‘(ii) through the use of open solicitations the Secretary, based on education, training, ‘‘(D) short- and long-term technology de- and selection by a panel of appropriate ex- and experience; and velopment and deployment activities. perts; ‘‘(bb) shall not be officers or employees of ‘‘(3) REVIEW AND SUBMISSION OF FINDINGS.— ‘‘(B) a qualified, permanent core staff with the United States; The Secretary shall enter into a contract the ability and expertise to manage a large ‘‘(III) 3 members— with the Transportation Research Board of multiyear budget is used; ‘‘(aa) shall represent the transportation in- the National Academy of Sciences, on behalf ‘‘(C) the stakeholders are involved in the dustry (including the pavement industry); of the Research and Technology Coordi- governance of the program, at the executive, and nating Committee of the National Research overall program, and technical levels, ‘‘(bb) shall not be officers or employees of Council, under which— through the use of expert panels and com- the United States; and ‘‘(A) the Transportation Research Board mittees; and ‘‘(IV) 3 members shall represent State shall— ‘‘(D) there is no duplication of research ef- transportation departments from 3 different ‘‘(i) review the research and technology fort between the program established under geographical regions of the United States. planning and implementation process used this section and the new strategic highway ‘‘(C) MEETINGS.—The advisory subcommit- by Federal Highway Administration; and research program established under section tees shall meet on a regular basis, but not ‘‘(ii) evaluate each of the strategic plans 509. less than twice each year. prepared under this subsection— ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The ‘‘(D) DUTIES.—The Committee shall pro- ‘‘(I) to ensure that sufficient stakeholder Secretary may make grants to, and enter vide to the Secretary, on a continuous basis, input is being solicited and considered into cooperative agreements with, the Na- advice and guidance relating to— throughout the preparation process; and tional Academy of Sciences to carry out ‘‘(i) the determination of surface transpor- ‘‘(II) to offer recommendations relevant to such activities relating to the research, tech- tation research priorities; research priorities, project selection, and de- nology, and technology transfer activities ‘‘(ii) the improvement of the research plan- ployment strategies; and described in subsections (b) and (c) as the ning and implementation process; ‘‘(B) the Secretary shall ensure that the Secretary determines to be appropriate. ‘‘(iii) the design and selection of research Research and Technology Coordinating Com- ‘‘§ 508. Surface transportation research tech- projects; mittee, in a timely manner, informs the nology deployment and strategic planning ‘‘(iv) the review of research results; Committee on Environment and Public ‘‘(a) PLANNING.— ‘‘(v) the planning and implementation of Works of the Senate and the Committee on ‘‘(1) ESTABLISHMENT.—The Secretary technology transfer activities and Transportation and Infrastructure of the shall— ‘‘(vi) the formulation of the surface trans- House of Representatives of the findings of ‘‘(A) establish, in accordance with section portation research and technology deploy- the review and evaluation under subpara- 306 of title 5, a strategic planning process ment and deployment strategic plan required graph (A). that— under subsection (c). ‘‘(4) RESPONSES OF SECRETARY.—Not later ‘‘(i) enhances effective implementation of ‘‘(E) AUTHORIZATION OF APPROPRIATIONS.— than 60 days after the date of completion of this section through the establishment in ac- There is authorized to be appropriated from the strategic plan under this subsection, the cordance with paragraph (2) of the Surface the Highway Trust Fund (other than the Secretary shall submit to the Committee on Transportation Research Technology Advi- Mass Transit Account) to carry out this Environment and Public Works of the Senate sory Committee; and paragraph $187,726 for each fiscal year. and the Committee on Transportation and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4704 CONGRESSIONAL RECORD — SENATE May 9, 2005 Infrastructure of the House of Representa- overall program, and technical levels, ‘‘(B) be located at the institutions of high- tives written responses to each of the rec- through the use of expert panels and com- er learning specified in paragraph (4). ommendations of the Research and Tech- mittees; and ‘‘(4) IDENTIFICATION OF GROUPS.—For the nology Coordinating Committee under para- ‘‘(4) there is no duplication of research ef- purpose of making grants under this sub- graph (3)(A)(ii)(II). fort between the program established under section, the following grants are identified: ‘‘(d) CONSISTENCY WITH GOVERNMENT PER- this section and the surface transportation- ‘‘(A) GROUP A.—Group A shall consist of FORMANCE AND RESULTS ACT OF 1993.—The environment cooperative research program the 10 regional centers selected under sub- plans and reports developed under this sec- established under section 507 or any other re- section (b). tion shall be consistent with and incor- search effort of the Department. ‘‘(B) GROUP B.—Group B shall consist of the porated as part of the plans developed under ‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The following: section 306 of title 5 and sections 1115 and Secretary may make grants to, and enter ‘‘(i) ølllllllll¿. 1116 of title 31. into cooperative agreements with, the Na- ‘‘(ii) ølllllllll¿. tional Academy of Sciences to carry out ø ¿ ‘‘§ 509. New strategic highway research pro- ‘‘(iii) lllllllll . such activities relating to research, tech- ø ¿ gram ‘‘(iv) lllllllll . nology, and technology transfer described in ‘‘(v) ølllllllll¿. ‘‘(a) IN GENERAL.—The National Research subsections (b) and (c) as the Secretary de- ‘‘(vi) ølllllllll¿. Council shall establish and carry out, termines to be appropriate. ‘‘(vii) ølllllllll¿. through fiscal year 2009, a new strategic ‘‘(e) REPORT ON IMPLEMENTATION OF RE- ‘‘(viii) ølllllllll¿. highway research program. SULTS.— ‘‘(ix) ølllllllll¿. ‘‘(b) BASIS; PRIORITIES.—With respect to ‘‘(1) IN GENERAL.—Not later than October 1, ‘‘(x) ølllllllll¿. the program established under subsection 2007, the Secretary shall enter into a con- ‘‘(xi) ølllllllll¿. (a)— tract with the Transportation Research ‘‘(C) GROUP C.—Group C shall consist of the ‘‘(1) the program shall be based on— Board of the National Academy of Sciences following: ‘‘(A) National Research Council Special under which the Transportation Research ‘‘(i) ølllllllll¿. Report No. 260, entitled ‘Strategic Highway Board shall complete a report on the strate- ‘‘(ii) ølllllllll¿. Research’; and gies and administrative structure to be used ‘‘(iii) ølllllllll¿. ‘‘(B) the results of the detailed planning for implementation of the results of new ‘‘(iv) ølllllllll¿. work subsequently carried out to scope the strategic highway research program. ‘‘(v) ølllllllll¿. research areas through National Cooperative ‘‘(2) COMPONENTS.—The report under para- ‘‘(vi) ølllllllll¿. Research Program Project 20–58. graph (1) shall include, with respect to the ‘‘(vii) ølllllllll¿. ‘‘(2) the scope and research priorities of the new strategic highway research program— ‘‘(viii) ølllllllll¿. program shall— ‘‘(A) an identification of the most prom- ‘‘(ix) ølllllllll¿. ‘‘(A) be refined through stakeholder input ising results of research under the program ‘‘(x) ølllllllll¿. in the form of workshops, symposia, and pan- (including the persons most likely to use the ‘‘(xi) ølllllllll¿. els; and results); ‘‘(D) GROUP D.—Group D shall consist of ‘‘(B) include an examination of— ‘‘(B) a discussion of potential incentives the following: ‘‘(i) the roles of highway infrastructure, for, impediments to, and methods of, imple- ‘‘(i) ølllllllll¿. drivers, and vehicles in fatalities on public menting those results; ‘‘(ii) ølllllllll¿. roads; ‘‘(C) an estimate of costs that would be in- ‘‘(iii) ølllllllll¿. ‘‘(ii) high-risk areas and activities associ- curred in expediting implementation of ‘‘(iv) ølllllllll¿. ated with the greatest numbers of highway those results; and ‘‘(v) ølllllllll¿. fatalities; ‘‘(D) recommendations for the way in ‘‘(vi) ølllllllll¿. ‘‘(iii) the roles of various levels of govern- which implementation of the results of the ‘‘(vii) ølllllllll¿. ment agencies and non-governmental organi- program under this section should be con- ‘‘(viii) ølllllllll¿. zations in reducing highway fatalities (inducted, coordinated, and supported in future ‘‘(b) REGIONAL CENTERS.— cluding recommendations for methods of years, including a discussion of the adminis- ‘‘(1) IN GENERAL.—Not later than Sep- strengthening highway safety partnerships); trative structure and organization best suit- tember 30, 2005, the Secretary shall provide ‘‘(iv) measures that may save the greatest ed to carry out those responsibilities. to nonprofit institutions of higher learning number of lives in the short- and long-term; ‘‘(3) CONSULTATION.—In developing the re- (or consortia of institutions of higher learn- ‘‘(v) renewal of aging infrastructure with port, the Transportation Research Board ing) grants to be used during the period of minimum impact on users of facilities; shall consult with a wide variety of stake- fiscal years 2005 through 2009 to establish and ‘‘(vi) driving behavior and likely crash holders, including— operate 1 university transportation center in causal factors to support improved counter- ‘‘(A) the American Association of State each of the 10 Federal regions that comprise measures; highway Officials; the Standard Federal Regional Boundary ‘‘(vii) reduction in congestion due to non- ‘‘(B) the Federal Highway Administration; System. recurring congestion; and ‘‘(2) SELECTION OF REGIONAL CENTERS.— ‘‘(viii) planning and designing of new road ‘‘(C) the Surface Transportation Research ‘‘(A) PROPOSALS.—In order to be eligible to capacity to meet mobility, economic, envi- Technology Advisory Committee. receive a grant under this subsection, an in- ronmental, and community needs; ‘‘(4) SUBMISSION.—Not later than February stitution described in paragraph (1) shall ‘‘(3) the program shall consider, at a min- 1, 2009, the Secretary shall submit to the submit to the Secretary a proposal, in re- imum, the results of studies relating to the Committee on Environment and Public sponse to any request for proposals that implementation of the Strategic Highway Works of the Senate and the Committee on shall be made by the Secretary, that is in Safety Plan prepared by the American Asso- Transportation and Infrastructure of the such form and contains such information as ciation of State Highway and Transportation House of Representatives the report under the Secretary shall prescribe. Officials; and this subsection. ‘‘(B) REQUEST SCHEDULE.—The Secretary ‘‘(4) the research results of the program, ‘‘§ 510. University transportation centers shall request proposals once for the period of expressed in terms of technologies, meth- ‘‘(a) CENTERS.— fiscal years 2005 and 2006 and once for the pe- odologies, and other appropriate categoriza- ‘‘(1) IN GENERAL.—During fiscal year 2005, riod of fiscal years 2007 through 2009. tions, shall be disseminated to practicing en- the Secretary shall provide grants to 40 non- ‘‘(C) ELIGIBILITY.—Any institution of high- gineers as soon as practicable for their use. profit institutions of higher learning (or con- er learning (or consortium of institutions of ‘‘(c) PROGRAM ADMINISTRATION.—In car- sortia of institutions of higher learning) to higher learning) that meets the criteria de- rying out the program under this section, establish centers to address transportation scribed in subsection (c) (including any insti- the National Research Council shall ensure, design, management, research, development, tution identified in subsection (a)(4)) may to the maximum extent practicable, that— and technology matters, especially the edu- apply for a grant under this subsection. ‘‘(1) the best projects and researchers are cation and training of greater numbers of in- ‘‘(D) SELECTION CRITERIA.—The Secretary selected to conduct research for the program dividuals to enter into the professional field shall select each recipient of a grant under and priorities described in subsection (b)— of transportation. this subsection through a competitive proc- ‘‘(A) on the basis of the merit of each sub- ‘‘(2) DISTRIBUTION OF CENTERS.—Not more ess on the basis of— mitted proposal; and than 1 university transportation center (or ‘‘(i) the location of the center within the ‘‘(B) through the use of open solicitations lead university in a consortia of institutions Federal region to be served; and selection by a panel of appropriate ex- of higher learning), other than a center or ‘‘(ii) the demonstrated research capabili- perts; university selected through a competitive ties and extension resources available to the ‘‘(2) the National Research Council ac- process, may be located in any State. recipient to carry out this section; quires a qualified, permanent core staff with ‘‘(3) IDENTIFICATION OF CENTERS.—The uni- ‘‘(iii) the capability of the recipient to pro- the ability and expertise to manage a large versity transportation centers established vide leadership in making national and re- research program and multiyear budget; under this section shall— gional contributions to the solution of im- ‘‘(3) the stakeholders are involved in the ‘‘(A) comply with applicable requirements mediate and long-range transportation prob- governance of the program, at the executive, under subsection (c); and lems;

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‘‘(iv) the demonstrated ability of the re- ‘‘(B) PURPOSES OF PEER REVIEW.—Peer re- ‘‘(B) the educational activities carried out cipient to disseminate results of transpor- view of a report under this section shall be by the center (including a detailed summary tation research and education programs carried out to evaluate— of the budget for those educational activi- through a statewide or regionwide con- ‘‘(i) the relevance of the research described ties); tinuing education program; and in the report with respect to the strategic ‘‘(C) teaching activities of faculty at the ‘‘(v) the strategic plan that the recipient plan under, and the goals of, this section; center; proposes to carry out using funds from the ‘‘(ii) the research covered by the report, ‘‘(D) each research project carried out by grant. and to recommend modifications to indi- the center, including— ‘‘(E) SELECTION PROCESS.—In selecting the vidual project plans; ‘‘(i) the identity and location of each inves- recipients of grants under this subsection, ‘‘(iii) the results of the research before tigator working on a research project; the Secretary shall consult with, and con- publication of those results; and ‘‘(ii) the overall funding amount for each sider the advice of— ‘‘(iv) the overall outcomes of the research. research project (including the amounts ex- ‘‘(i) the Research and Special Programs ‘‘(C) INTERNET AVAILABILITY.—Each report pended for the project as of the date of the Administration; under this section that is received by the report); ‘‘(ii) the Federal Highway Administration; Secretary shall be published— ‘‘(iii) the current schedule for each re- and ‘‘(i) by the Secretary, on the Internet search project; and ‘‘(iii) the Federal Transit Administration. website of the Department of Transpor- ‘‘(iv) the results of each research project tation; and through the date of submission of the report, ‘‘(c) CENTER REQUIREMENTS.— ‘‘(ii) by the University Transportation Cen- with particular emphasis on results for the ‘‘(1) IN GENERAL.—With respect to a univer- ter. fiscal year covered by the report; and sity transportation center established under ‘‘(3) APPROVAL OF PLANS—A plan of an in- ‘‘(E) overall technology transfer and imple- subsection (a) or (b), the institution or constitution or consortium described in para- mentation efforts of the center. sortium that receives a grant to establish graph (1)(C) shall not be submitted to the ‘‘(f) PROGRAM COORDINATION.—The Sec- the center— Secretary until such time as the advisory retary shall— ‘‘(A) shall annually contribute at least committee established under paragraph ‘‘(1) coordinate the research, education, $250,000 to the operation and maintenance of (1)(D) reviews and approves the plan. training, and technology transfer activities carried out by recipients of grants under this the center, except that payment by the insti- ‘‘(4) FAILURE TO COMPLY.—If a recipient of tution or consortium of the salary required a grant under this subsection fails to submit section; and ‘‘(2) establish and operate a clearinghouse for transportation-related faculty and staff a program plan acceptable to the Secretary for, and disseminate, the results of those ac- for a period greater than 90 days may not be and in accordance with paragraph (1)(C)— tivities. counted against that contribution; ‘‘(A) the recipient shall forfeit the grant ‘‘(g) FUNDING.— ‘‘(B) shall have established, as of the date and the selection of the recipient as a site ‘‘(1) NUMBER AND AMOUNT OF GRANTS.—The of receipt of the grant, undergraduate or for the establishment of a university trans- graduate programs in— Secretary shall make the following grants portation center; and under this subsection: ‘‘(i) civil engineering; ‘‘(B) the Secretary shall select a replace- ‘‘(ii) transportation engineering; ‘‘(A) GROUP A.—For each of fiscal years ment recipient for the forfeited grant. 2005 through 2009, the Secretary shall make a ‘‘(iii) transportation systems management ‘‘(5) APPLICABILITY.—This subsection does grant in the amount of $938,629 to each of the and operations; or not apply to any research funds received in institutions in group A (as described in sub- ‘‘(iv) any other field significantly related accordance with a competitive contract of- section (a)(4)(A)). to surface transportation systems, as deter- fered and entered into by the Federal High- ‘‘(B) GROUP B.—The Secretary shall make a mined by the Secretary; and way Administration. grant to each of the institutions in group B ‘‘(C) not later than 120 days after the date ‘‘(d) OBJECTIVES.—Each university trans- (as described in subsection (a)(4)(B)) in the on which the institution or consortium re- portation center established under sub- amount of— ceives notice of selection as a site for the es- section (a) or (b) shall carry out— ‘‘(i) $375,452 for fiscal year 2005; and tablishment of a university transportation ‘‘(1) undergraduate or graduate education ‘‘(ii) $563,177 for each of fiscal years 2006 center under this section, shall submit to the programs that include— and 2007. Secretary a 6-year program plan for the uni- ‘‘(A) multidisciplinary coursework; and ‘‘(C) GROUP C.—For each of fiscal years 2005 versity transportation center that includes, ‘‘(B) opportunities for students to partici- through 2007, the Secretary shall make a with respect to the center— pate in research; grant in the amount of $938,629 to each of the ‘‘(i) a description of the purposes of pro- ‘‘(2) basic and applied research, the results institutions in group C (as described in sub- grams to be conducted by the center; and products of which shall be judged by section (a)(4)(C)). ‘‘(ii) a description of the undergraduate peers or other experts in the field so as to ad- ‘‘(D) GROUP D.—For each of fiscal years and graduate transportation education ef- vance the body of knowledge in transpor- 2005 through 2009, the Secretary shall make a forts to be carried out by the center; tation; and grant in the amount of $1,877,258 to each of ‘‘(iii) a description of the nature and scope ‘‘(3) an ongoing program of technology the institutions in group D (as described in of research to be conducted by the center; transfer that makes research results avail- subsection (a)(4)(D)). ‘‘(iv) a list of personnel, including the roles able to potential users in such form as will ‘‘(E) LIMITED GRANTS FOR GROUPS B AND C.— and responsibilities of those personnel with- enable the results to be implemented, used, For each of fiscal years 2008 and 2009, of the in the center; and or otherwise applied. institutions classified in groups B and C (as ‘‘(v) a detailed budget, including the ‘‘(e) MAINTENANCE OF EFFORT.—To be eligi- described in subsection (a)(4)(B)), the Sec- amount of contributions by the institution ble to receive a grant under this section, an retary shall select and make grants in an or consortium to the center; and applicant shall— amount totaling $37,545,924 to not more than ‘‘(D) shall establish an advisory committee ‘‘(1) enter into an agreement with the Sec- 15 institutions. that— retary to ensure that the applicant will ‘‘(2) USE OF FUNDS— ‘‘(i) is composed of a representative from maintain total expenditures from all other ‘‘(A) IN GENERAL.—Of the funds made avail- each of the State transportation department sources to establish and operate a university able for a fiscal year to a university trans- of the State in which the institution or con- transportation center and related edu- portation center established under sub- sortium is located, the Department of Trans- cational and research activities at a level section (a) or (b)— portation, and the institution or consortia, that is at least equal to the average level of ‘‘(i) not less than $250,000 shall be used to as appointed by those respective entities; those expenditures during the 2 fiscal years establish and maintain new faculty positions ‘‘(ii) in accordance with paragraph (2), before the date on which the grant is pro- for the teaching of undergraduate, transpor- shall review and approve or disapprove the vided; tation-related courses; plan of the institution or consortium under ‘‘(2) provide the annual institutional con- ‘‘(ii) not more than $500,000 for the fiscal subparagraph (C); and tribution required under subsection (c)(1); year, or $1,000,000 in the aggregate, may be ‘‘(iii) shall, to the maximum extent prac- and used to construct or improve transportation- ticable, ensure that the proposed research to ‘‘(3) submit to the Secretary, in a timely related laboratory facilities; and be carried out by the university transpor- manner, for use by the Secretary in the prep- ‘‘(iii) not more than $300,000 for the fiscal tation center will contribute to the national aration of the annual research report under year may be used for student internships of highway research and technology agenda, as section 508(c)(5) of title 23, an annual report not more than 180 days in duration to enable periodically updated by the Secretary, in on the projects and activities of the univer- students to gain experience by working on consultation with stakeholders representing sity transportation center for which funds transportation projects as interns with de- the highway community. are made available under section 2001 of the sign or construction firms. ‘‘(2) PEER REVIEW.— Safe, Accountable, Flexible, and Efficient ‘‘(B) FACILITIES AND ADMINISTRATION FEE.— ‘‘(A) IN GENERAL.—The Secretary shall re- Transportation Equity Act of 2005 that con- Not more than 10 percent of any grant made quire peer review for each report on research tains, at a minimum, for the fiscal year cov- available to a university transportation cen- carried out using funds made available for ered by the report, a description of— ter (or any institution or consortium that this section. ‘‘(A) the goals of the center; establishes such a center) for a fiscal year

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may be used to pay to the appropriate non- gle, integrated system for the movement of (c) STUDY.— profit institution of higher learning any ad- individuals and goods; (1) IN GENERAL.—Not later than 90 days ministration and facilities fee (or any simi- ‘‘(4) provide funding to State transpor- after the date of enactment of this Act, the lar overhead fee) for the fiscal year. tation departments and metropolitan plan- Secretary shall provide a grant to, or enter ‘‘(3) LIMITATION ON AVAILABILITY OF ning organizations for implementation of into a cooperative agreement or contract FUNDS.—Funds made available under this TRANSIMS. with, the Board for the conduct of a study of subsection shall remain available for obliga- ‘‘(c) ALLOCATION OF FUNDS.—Of the funds the data collection and statistical analysis tion for a period of 2 years after September made available to carry out this section for efforts of the Department with respect to the 30 of the fiscal year for which the funds are each fiscal year, not less than 15 percent modes of surface transportation for which authorized. shall be allocated for activities described in funds are made available under this Act. ‘‘§ 511. Multistate corridor operations and subsection (b)(3). (2) PURPOSE.—The purpose of the study ‘‘(d) FUNDING.—Of the amounts made avail- management shall be to provide to the Department infor- able under section 2001(a) of the Safe, Ac- mation for use by agencies of the Depart- ‘‘(a) IN GENERAL.—The Secretary shall en- countable, Flexible, and Efficient Transpor- courage multistate cooperative agreements, ment in providing to surface transportation tation Equity Act of 2005 for each of fiscal coalitions, or other arrangements to pro- agencies and individuals engaged in the sur- years 2005 through 2009, the Secretary shall mote regional cooperation, planning, and face transportation field higher quality, and use $893,082 to carry out this section. shared project implementation for programs more relevant and timely, data, statistical ‘‘(e) AVAILABILITY OF FUNDS.—Funds made and projects to improve transportation sys- analyses, and products. available under this section shall be avail- (3) CONTENT.—The study shall include— tem management and operations. able to the Secretary through the Transpor- ‘‘(b) INTERSTATE ROUTE I–95 CORRIDOR COA- (A) an examination and analysis of the ef- tation Planning, Research, and Development LITION TRANSPORTATION SYSTEMS MANAGE- forts, analyses, and products (with respect to Account of the Office of the Secretary.’’. MENT AND OPERATIONS.— usefulness and policy relevance) of the Bu- (b) OTHER UNIVERSITY FUNDING.—No uni- N GENERAL.—The Secretary shall reau as of the date of the study, as compared ‘‘(1) I versity (other than university transpor- make grants under this subsection to States with the duties of the Bureau specified in tation centers specified in section 510 of title to continue intelligent transportation sys- subsections (c) through (f) of section 111 of 23, United States Code (as added by sub- tem management and operations in the title 49, United States Code; section (a)) shall receive funds made avail- Interstate Route I–95 corridor coalition re- (B) an examination and analysis of data able under section 2001 to carry out research gion initiated under the Intermodal Surface collected by, methods of data collection of, unless the university is selected to receive Transportation Efficiency Act of 1991 (Public and analyses performed by, agencies within the funds— the Department; and Law 102–240). (1) through a competitive process that in- (C) recommendations relating to— ‘‘(2) FUNDING.—Of the amounts made avail- corporates merit-based peer review; and (i) the future efforts of the Department in able under section 2001(a)(4) of the Safe, Ac- (2) based on a proposal submitted to the the area of surface transportation with re- countable, Flexible, and Efficient Transpor- Secretary by the university in response to a spect to— tation Equity Act of 2005, the Secretary shall request for proposals issued by the Sec- (I) types of data collected; use to carry out this subsection— retary. (II) methods of data collection; ‘‘(A) $9,386,289 for fiscal year 2005; and (c) CONFORMING AMENDMENT.—Section 5505 (III) types of analyses performed; and ‘‘(B) $11,263,547 for each of fiscal years 2006 of title 49, United States Code, is repealed. (IV) products made available by the Sec- through 2009. SEC. 2102. STUDY OF DATA COLLECTION AND retary to the transportation community and ‘‘§ 512. Transportation analysis simulation STATISTICAL ANALYSIS EFFORTS. Congress; system (a) DEFINITIONS.—In this section: (ii) the means by which the Department ‘‘(a) CONTINUATION OF TRANSIMS DEVELOP- (1) ADMINISTRATION.—The term ‘‘Adminis- may cooperate with State transportation de- MENT.— tration’’ means the Federal Highway Admin- partments to provide technical assistance in ‘‘(1) IN GENERAL.—The Secretary shall con- istration. the use of data collected by traffic oper- tinue the deployment of the advanced trans- (2) BOARD.—The term ‘‘Board’’ means the ations centers; and portation model known as the ‘Transpor- Transportation Research Board of the Na- (iii) duplication of efforts within the De- tation Analysis Simulation System’ (re- tional Academy of Sciences. partment, including ways in which— ferred to in this section as ‘TRANSIMS’) de- (3) BUREAU.—The term ‘‘Bureau’’ means (I) the duplication may be reduced or veloped by the Los Alamos National Labora- the Bureau of Transportation Statistics. eliminated; and tory. (4) DEPARTMENT.—The term ‘‘Department’’ (II) each agency of the Department may ‘‘(2) REQUIREMENTS AND CONSIDERATIONS.— means the Department of Transportation. cooperate with, and complement the efforts In carrying out paragraph (1), the Secretary (5) SECRETARY.—The term ‘‘Secretary’’ of, the others. shall— means the Secretary of Transportation. (4) CONSULTATION.—In conducting the ‘‘(A) further improve TRANSIMS to reduce (b) PRIORITY AREAS OF EFFORT.— study, the Board shall consult with such the cost and complexity of using the (1) STATISTICAL STANDARDS.—The Sec- stakeholders, agencies, and other entities as TRANSIMS; retary shall direct the Bureau to assume the the Board considers to be appropriate. ‘‘(B) continue development of TRANSIMS role of the lead agency in working with other (5) REPORT.—Not later than 1 year after for applications to facilitate transportation agencies of the Department to establish, by the date on which a grant is provided, or a planning, regulatory compliance, and re- not later the date that is 1 year after the cooperative agreement or contract is entered sponse to natural disasters and other trans- date of enactment of this Act, statistical into, for a study under paragraph (1)— portation disruptions; and standards for the Department. (A) the Board shall submit to the Sec- ‘‘(C) assist State transportation depart- (2) STATISTICAL ANALYSIS EFFORT.— retary, the Committee on Environment and ments and metropolitan planning organiza- (A) IN GENERAL.—The Bureau shall provide Public Works of the Senate, and the Com- tions, especially smaller metropolitan plan- to the Secretary, on an annual basis, an mittee on Transportation and Infrastructure ning organizations, in the implementation of overview of the level of effort expended on of the House of Representatives a final re- TRANSIMS by providing training and tech- statistical analyses by each agency within port on the results of the study; and nical assistance. the Department. (B) the results of the study shall be pub- ‘‘(b) ELIGIBLE ACTIVITIES.—The Secretary (B) DUTY OF AGENCIES.—Each agency of the lished— shall use funds made available to carry out Department shall provide to the Bureau such (i) by the Secretary, on the Internet this section— information as the Bureau may require in website of the Department; and ‘‘(1) to further develop TRANSIMS for ad- carrying out subparagraph (A). (ii) by the Board, on the Internet website ditional applications, including— (3) NATIONAL SECURITY.—The Bureau of the Board. ‘‘(A) congestion analyses; shall— (6) IMPLEMENTATION OF RESULTS.—The Bu- ‘‘(B) major investment studies; (A) conduct a study of the ways in which reau shall, to the maximum extent prac- ‘‘(C) economic impact analyses; transportation statistics are and may be ticable, implement any recommendations ‘‘(D) alternative analyses; used for the purpose of national security; made with respect to the results of the study ‘‘(E) freight movement studies; and under this subsection. ‘‘(F) emergency evacuation studies; (B) submit to the Transportation Security (7) COMPLIANCE.— ‘‘(G) port studies; and Administration recommendations for means (A) IN GENERAL.—The Comptroller General ‘‘(H) airport access studies; by which the use of transportation statistics of the United States shall conduct a review ‘‘(2) provide training and technical assist- for the purpose of national security may be of the study under this subsection. ance with respect to the implementation and improved. (B) NONCOMPLIANCE.—If the Comptroller application of TRANSIMS to States, local (4) MODERNIZATION.—The Bureau shall de- General of the United States determines that governments, and metropolitan planning or- velop new protocols for adapting data collec- the Bureau failed to conduct the study under ganizations with responsibility for travel tion and delivery efforts in existence as of this subsection, the Bureau shall be ineli- modeling; the date of enactment of this Act to deliver gible to receive funds from the Highway ‘‘(3) develop methods to simulate the na- information in a more timely and frequent Trust Fund until such time as the Bureau tional transportation infrastructure as a sin- fashion. conducts the study under this subsection.

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(d) CONFORMING AMENDMENTS.—Section 111 (A) to provide support to State transpor- the funds were apportioned under chapter 1 of title 49, United States Code, is amended— tation departments in the development of fi- of title 23, United States Code, except that (1) by redesignating subsection (k) as sub- nance plans and project oversight tools; and the Federal share shall be 100 percent. section (m); (B) to develop and offer training in state- SEC. 2104. MOTORCYCLE CRASH CAUSATION (2) by inserting after subsection (j) the fol- of-the-art financing methods to advance STUDY GRANTS. lowing: projects and leverage funds; and (a) GRANTS.—The Secretary shall provide ‘‘(k) ANNUAL REPORT.— (5) a Center for Excellence in Asset Man- grants for the purpose of conducting a comprehensive, in-depth motorcycle crash causa- ‘‘(1) IN GENERAL.—For fiscal year 2005 and agement to develop and conduct research, each fiscal year thereafter, the Bureau shall provide training and education, and dissemi- tion study that employs the common inter- prepare and submit to the Secretary an an- nate information on the benefits and tools national methodology for in-depth motorcycle accident investigation of the Organiza- nual report that— for asset management. (c) PROGRAM ADMINISTRATION.— tion for Economic Cooperation and Develop- ‘‘(A) describes progress made in responding (1) IN GENERAL.—Before funds authorized ment. to study recommendations for the fiscal under this section for fiscal years 2005 (b) FUNDING.—Of the amounts made avail- year; and through 2009 are obligated, the Secretary able under section 2001(a)(3), $1,407,943 for ‘‘(B) summarizes the activities and expend- shall review and approve a multiyear stra- each of fiscal years 2005 and 2006 shall be iture of funds by the Bureau for the fiscal tegic plan to be submitted by each of the available to carry out this section. year. centers. SEC. 2105. TRANSPORTATION TECHNOLOGY IN- ‘‘(2) AVAILABILITY.—The Bureau shall— (2) TIMING.—The plan shall be submitted NOVATION AND DEMONSTRATION ‘‘(A) make the report described in para- before the beginning of fiscal year 2005 and, PROGRAM. graph (1) available to the public; and subsequently, shall be annually updated. Section 5117(b) of the Transportation Eq- ‘‘(B) publish the report on the Internet (3) CONTENT.—The plan shall include— uity Act for the 21st Century (112 Stat 449; website of the Bureau. (A) a list of research and technical assist- 112 Stat. 864; 115 Stat. 2330) is amended by ‘‘(3) COMBINATION OF REPORTS.—The report ance projects and objectives; and striking paragraph (3) and inserting the fol- required under paragraph (1) may be included (B) a description of any other technology lowing: in or combined with the Transportation Sta- transfer activities, including a summary of ‘‘(3) INTELLIGENT TRANSPORTATION INFRA- tistics Annual Report required by subsection training efforts. STRUCTURE.— (j). (4) COOPERATION AND COMPETITION.— ‘‘(A) DEFINITIONS.—In this paragraph: ‘‘(l) EXPENDITURE OF FUNDS.—Funds from (A) IN GENERAL.—The Secretary shall carry ‘‘(i) CONGESTED AREA.—The term ‘con- the Highway Trust Fund (other than the out this section by making grants to, or en- gested area’ means a metropolitan area that Mass Transit Account) that are authorized tering into contracts, cooperative agree- experiences significant traffic congestion, as to be appropriated, and made available, in ments, and other transactions with— determined by the Secretary on an annual accordance with section 2001(a)(3) of the (i) the National Academy of Sciences; basis. Safe, Accountable, Flexible, and Efficient (ii) the American Association of State ‘‘(ii) DEPLOYMENT AREA.—The term ‘de- Transportation Equity Act of 2005 shall be Highway and Transportation Officials; ployment area’ means any of the metropoli- used only for the collection and statistical (iii) planning organizations; tan areas of Baltimore, Birmingham, Boston, analysis of information relating to surface (iv) a Federal laboratory; Chicago, Cleveland, Dallas/Ft. Worth, Den- transportation systems.’’; and (v) a State agency; ver, Detroit, Houston, Indianapolis, Las (3) in subsection (m) (as redesignated by (vi) an authority, association, institution, Vegas, Los Angeles, Miami, New York/North- subparagraph (A)), by inserting ‘‘surface or organization; or ern New Jersey, Northern Kentucky/Cin- transportation’’ after ‘‘sale of’’. (vii) a for-profit or nonprofit corporation. cinnati, Oklahoma City, Orlando, Philadel- (B) COMPETITION; REVIEW.—All parties en- phia, Phoenix, Pittsburgh, Portland, Provi- SEC. 2103. CENTERS FOR SURFACE TRANSPOR- dence, Salt Lake, San Diego, San Francisco, TATION EXCELLENCE. tering into contracts, cooperative agreements, or other transactions with the Sec- St. Louis, Seattle, Tampa, and Washington, (a) ESTABLISHMENT.—The Secretary shall retary, or receiving grants, to perform re- District of Columbia. establish the centers for surface transpor- search or provide technical assistance under ‘‘(iii) METROPOLITAN AREA.— tation excellence described in subsection (b) this section shall be selected, to the max- ‘‘(I) IN GENERAL.—The term ‘metropolitan to promote high-quality outcomes in support imum extent practicable— area’ means any area that— of strategic national programs and activi- (i) on a competitive basis; and ‘‘(aa) has a population exceeding 300,000; ties, including— (ii) on the basis of the results of peer re- and (1) the environment; view of proposals submitted to the Sec- ‘‘(bb) meets criteria established by the (2) operations; retary. Secretary in conjunction with the intelligent (3) surface transportation safety; (5) NONDUPLICATION.—The Secretary shall vehicle highway systems corridors program. (4) project finance; and ensure that activities conducted by each of ‘‘(II) INCLUSIONS.—The term ‘metropolitan (5) asset management. the centers do not duplicate, and to the max- area’ includes a major transportation cor- (b) CENTERS.—The centers for surface imum extent practicable, are integrated and ridor serving a metropolitan area. transportation excellence referred to in sub- coordinated with similar activities con- ‘‘(iv) ORIGINAL CONTRACT.—The term ‘origi- section (a) are— ducted by the Federal Highway Administra- nal contract’ means the Department of (1) a Center for Environmental Excellence tion, the local technical assistance program, Transportation contract numbered DTTS 59- to provide technical assistance, information university transportation centers, and other 99-D-00445 T020013. sharing of best practices, and training in the research efforts supported with funds author- ‘‘(v) PROGRAM.—The term ‘program’ means use of tools and decision-making processes to ized by this title. the 2-part intelligent transportation infra- assist States in planning and delivering envi- (d) ALLOCATIONS.— structure program carried out under this ronmentally-sound surface transportation (1) IN GENERAL.—For each of fiscal years paragraph. projects; 2005 through 2009, of the funds made avail- ‘‘(vi) STATE TRANSPORTATION DEPART- (2) a Center for Operations Excellence to able under section 2001(a)(1)(A), the Sec- MENT.—The term ‘State transportation de- provide support for an integrated and coordi- retary shall set aside $9,386,289 to carry out partment’ means— nated national program for implementing this section. ‘‘(I) a State transportation department (as operations in planning and management (in- (2) ALLOCATION OF FUNDS.—Of the funds defined in section 101 of title 23, United cluding standards development) for the made available under paragraph (1)— States Code); and transportation system in the United States; (A) 20 percent shall be allocated to the ‘‘(II) a designee of a State transportation (3) a Center for Excellence in Surface Center for Environmental Excellence estab- department (as so defined) for the purpose of Transportation Safety to implement a pro- lished under subsection (b)(1); entering into contracts. gram of support for State transportation de- (B) 30 percent shall be allocated to the Cen- ‘‘(vii) UNCOMMITTED FUNDS—The term ‘un- partments, including— ter for Operations Excellence established committed funds’ means the total amount of (A) the maintenance of an Internet site to under subsection (b)(2); funds that, as of the date that is 180 days provide critical information on safety pro- (C) 20 percent shall be allocated to the Cen- after the date of enactment of the Safe, Ac- grams; ter for Excellence in Surface Transportation countable, Flexible, and Efficient Transpor- (B) the provision of technical assistance to Safety established under subsection (b)(3); tation Equity Act of 2005, remain uncommit- support a lead State transportation depart- (D) 10 percent shall be allocated to the ted under the original contract. ment for each of the safety emphasis areas Center for Excellence in Project Finance es- ‘‘(B) INTELLIGENT TRANSPORTATION INFRA- (as identified by the Secretary); and tablished under subsection (b)(4); and STRUCTURE PROGRAM.— (C) the provision of training and education (E) 20 percent shall be allocated to the Cen- ‘‘(i) IN GENERAL.—The Secretary shall to enhance knowledge of personnel of State ter for Excellence in Asset Management es- carry out a 2-part intelligent transportation transportation departments in support of tablished under subsection (b)(5). infrastructure program in accordance with safety highway goals; (3) APPLICABILITY OF TITLE 23.—Funds made this paragraph to advance the deployment of (4) a Center for Excellence in Project Fi- available under this section shall be avail- an operational intelligent transportation in- nance— able for obligation in the same manner as if frastructure system, through measurement

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of various transportation system activities, the deployment of an intelligent transpor- ‘‘(ii) ADDITIONAL AMOUNTS.—In addition to to simultaneously— tation infrastructure system under this sub- the amounts authorized to be appropriated ‘‘(I) aid in transportation planning and paragraph contain such provisions relating under this subparagraph, funds made avail- analysis; and to asset ownership, maintenance, fixed price, able under title II of the Safe, Affordable, ‘‘(II) make a significant contribution to and revenue sharing as the Secretary con- Flexible, and Efficient Transportation Eq- the ITS program under this title. siders to be appropriate. uity Act of 2005, and titles 23 and 49, United ‘‘(ii) OBJECTIVES.—The objectives of the ‘‘(E) USE OF FUNDS FOR UNDEPLOYED SYS- States Code, for projects and activities the program shall be— TEMS.— objectives of which are consistent with the ‘‘(I) to build or integrate an infrastructure ‘‘(i) IN GENERAL.—If, under part I or part II objectives described in subparagraph (B)(ii), of the measurement of various transpor- of the program, a State transportation de- may be used to carry out part II of the pro- tation system metrics to aid in planning, partment for a deployment area or congested gram under subparagraph (D). analysis, and maintenance of the Depart- area does not consent by the later of the ‘‘(iii) AVAILABILITY; NO REDUCTION OR SET- ment of Transportation, including the build- date that is 180 days after the date of enact- ASIDE.—Amounts made available by this sub- out, maintenance, and operation of greater ment of the Safe, Accountable, Flexible, and paragraph— than 40 metropolitan area systems with a Efficient Transportation Equity Act of 2005, ‘‘(I) shall remain available until expended; total cost of not to exceed $2,000,000 for each or another date determined jointly by the and metropolitan area; State transportation department and the de- ‘‘(II) shall not be subject to any reduction ‘‘(II) to provide private technology com- ployment area or congested area, to partici- or setaside. mercialization initiatives to generate reve- pate in the deployment of an intelligent ‘‘(iv) NO EFFECT ON PREVIOUSLY COMMITTED nues that will be reinvested in the intel- transportation infrastructure system in the FUNDS.—Nothing in this paragraph affects ligent transportation infrastructure system; deployment area or congested area, upon ap- any funds committed under the original con- ‘‘(III) to aggregate data into reports for plication by any other deployment area or tract before the date of enactment of the multipoint data distribution techniques; and congested area that has consented by that Safe, Accountable, Flexible, and Efficient ‘‘(IV) with respect to part I of the program date to participate in the deployment of such Transportation Equity Act of 2005. under subparagraph (C), to use an advanced a system, the Secretary shall supplement the ‘‘(v) CONTRACT AUTHORITY.—Except as pro- information system designed and monitored funds made available for each of the deploy- vided in subparagraph (F)(i), funds author- by an entity with experience with the De- ized to be appropriated under this subpara- partment of Transportation in the design ment areas or congested areas submitting the application by using for that purpose the graph shall be available for obligation in the and monitoring of high-reliability, mission- same manner as if the funds were appor- critical voice and data systems. funds not used for deployment of the system in the nonparticipating deployment area or tioned under chapter 1 of title 23, United ‘‘(C) PART I.— States Code.’’. ‘‘(i) IN GENERAL.—In carrying out part I of congested area. the program, the Secretary shall permit the ‘‘(ii) NO INCLUSION IN COST LIMITATION.— Subtitle C—Intelligent Transportation entity to which the original contract was Costs paid using funds provided through a System Research awarded to use uncommitted funds to deploy supplementation under clause (i) shall not be SEC. 2201. INTELLIGENT TRANSPORTATION SYS- intelligent transportation infrastructure considered in determining the limitation on TEM RESEARCH AND TECHNICAL AS- systems that have been accepted by the Sec- maximum cost described in subparagraph SISTANCE PROGRAM. retary— (F)(ii). (a) IN GENERAL.—Chapter 5 of title 23, ‘‘(I) in accordance with the terms of the ‘‘(F) FEDERAL SHARE; LIMITS ON COSTS OF United States Code (as amended by section original contract; and SYSTEMS FOR METROPOLITAN AREAS.— 2101), is amended by adding at the end the ‘‘(II) in any deployment area, with the con- ‘‘(i) FEDERAL SHARE.—Subject to clause following: sent of the State transportation department (ii), the Federal share of the cost of any ‘‘SUBCHAPTER II—INTELLIGENT TRANS- for the deployment area. project or activity carried out under the pro- PORTATION SYSTEM RESEARCH AND ‘‘(ii) APPLICABLE CONDITIONS.—The same gram shall be 80 percent. TECHNICAL ASSISTANCE PROGRAM asset ownership, maintenance, fixed price ‘‘(ii) LIMIT ON COSTS OF SYSTEM FOR EACH ‘‘§ 521. Finding METROPOLITAN AREA.— contract, and revenue sharing model, and the ‘‘Congress finds that continued investment ‘‘(I) IN GENERAL.—Not more than $2,000,000 same competitively selected consortium in architecture and standards development, leader, as were used for the deployment of may be provided under this paragraph for deployment of an intelligent transportation in- research, technical assistance for State and intelligent transportation infrastructure local governments, and systems integration systems under the original contract before frastructure system for a metropolitan area. is needed to accelerate the rate at which in- the date of enactment of the Safe, Account- ‘‘(II) FUNDING UNDER EACH PART.—A metro- telligent transportation systems— able, Flexible, and Efficient Transportation politan area in which an intelligent trans- ‘‘(1) are incorporated into the national sur- Equity Act of 2005 shall apply to each deportation infrastructure system is deployed face transportation network; and ployment carried out under clause (i). under part I or part II of the program under ‘‘(2) as a result of that incorporation, im- ‘‘(iii) DEPLOYMENT IN CONGESTED AREAS.—If subparagraph (C) or (D), respectively, includ- prove transportation safety and efficiency the entity referred to in clause (i) is unable ing through a supplementation of funds and reduce costs and negative impacts on to commit the uncommitted funds by deploy- under subparagraph (E), may not receive any communities and the environment. ing intelligent transportation infrastructure additional deployment under the other part systems in deployment areas, as determined of the program. ‘‘§ 522. Goals and purposes by the Secretary, the entity may deploy the ‘‘(G) USE OF RIGHTS-OF-WAY.— ‘‘(a) GOALS.—The goals of the intelligent systems in accordance with this paragraph ‘‘(i) IN GENERAL.—An intelligent transpor- transportation system research and tech- in 1 or more congested areas, with the con- tation system project described in this para- nical assistance program include— sent of the State transportation departments graph or paragraph (6) that involves pri- ‘‘(1) enhancement of surface transportation for the congested areas. vately-owned intelligent transportation sys- efficiency and facilitation of intermodalism ‘‘(D) PART II.— tem components and is carried out using and international trade— ‘‘(i) IN GENERAL.—In carrying out part II of funds made available from the Highway ‘‘(A) to meet a significant portion of future the program, the Secretary shall award, on a Trust Fund shall not be subject to any law transportation needs, including public access competitive basis, contracts for the deploy- (including a regulation) of a State or polit- to employment, goods, and services; and ment of intelligent transportation infra- ical subdivision of a State prohibiting or reg- ‘‘(B) to reduce regulatory, financial, and structure systems that have been accepted ulating commercial activities in the rights- other transaction costs to public agencies by the Secretary in congested areas, with of-way of a highway for which Federal-aid and system users; the consent of the State transportation de- highway funds have been used for planning, ‘‘(2) the acceleration of the use of intel- partments for the congested areas. design, construction, or maintenance for the ligent transportation systems to assist in ‘‘(ii) REQUIREMENTS.—The Secretary shall project, if the Secretary determines that the achievement of national transportation award contracts under clause (i)— such use is in the public interest. safety goals, including the enhancement of ‘‘(I) for individual congested areas among ‘‘(ii) EFFECT OF SUBPARAGRAPH.—Nothing safe operation of motor vehicles and non- entities that seek to deploy intelligent in this subparagraph affects the authority of motorized vehicles, with particular emphasis transportation infrastructure systems in the a State or political subdivision of a State— on decreasing the number and severity of congested areas; and ‘‘(I) to regulate highway safety; or collisions; ‘‘(II) on the condition that the terms of ‘‘(II) under sections 253 and 332(c)(7) of the ‘‘(3) protection and enhancement of the each contract awarded requires the entity Communications Act of 1934 (47 U.S.C. 253, natural environment and communities af- deploying the intelligent transportation in- 332(c)(7)). fected by surface transportation, with par- frastructure system to ensure that the de- ‘‘(H) FUNDING.— ticular emphasis on assisting State and local ployed system is compatible (as determined ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— governments in achieving national environ- by the Secretary) with systems deployed in There is authorized to be appropriated out of mental goals; other congested areas under this paragraph. the Highway Trust Fund (other than the ‘‘(4) accommodation of the needs of all ‘‘(iii) PROVISIONS IN CONTRACTS.—The Sec- Mass Transit Account) to carry out subpara- users of surface transportation systems, in- retary shall require that each contract for graph (D) $4,465,409 for each fiscal year. cluding—

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‘‘(A) operators of commercial vehicles, pas- ‘‘(4) INTELLIGENT TRANSPORTATION SYS- intelligent transportation system tech- senger vehicles, and motorcycles; TEM.—The term ‘intelligent transportation nologies and services. ‘‘(B) users of public transportation users system’ means electronics, photonics, com- ‘‘(f) TRANSPORTATION PLANNING.—The Sec- (with respect to intelligent transportation munications, or information processing used retary may provide funding to support ade- system user services); and singly or in combination to improve the effi- quate consideration of transportation sys- ‘‘(C) individuals with disabilities; and ciency or safety of a surface transportation tem management and operations (including ‘‘(5)(A) improvement of the ability of the system. intelligent transportation systems) within United States to respond to emergencies and ‘‘(5) NATIONAL ITS ARCHITECTURE.—The metropolitan and statewide transportation natural disasters; and term ‘national ITS architecture’ means the planning processes. ‘‘(B) enhancement of national security and common framework for interoperability ‘‘(g) INFORMATION CLEARINGHOUSE.—The defense mobility. adopted by the Secretary that defines— Secretary shall— ‘‘(b) PURPOSES.—The Secretary shall carry ‘‘(A) the functions associated with intel- ‘‘(1) maintain a repository for technical out activities under the intelligent transpor- ligent transportation system user services; and safety data collected as a result of federally sponsored projects carried out under tation system research and technical assist- ‘‘(B) the physical entities or subsystems this subchapter; and ance program to, at a minimum— within which the functions reside; ‘‘(2) on request, make that information (ex- ‘‘(1) assist in the development of intel- ‘‘(C) the data interfaces and information cept for proprietary information and data) ligent transportation system technologies; flows between physical subsystems; and readily available to all users of the reposi- ‘‘(2) ensure that Federal, State, and local ‘‘(D) the communications requirements as- tory at an appropriate cost. transportation officials have adequate sociated with the information flows. ‘‘(h) ADVISORY COMMITTEES.— knowledge of intelligent transportation sys- ‘‘(6) STANDARD.—The term ‘standard’ tems for full consideration in the transpor- ‘‘(1) IN GENERAL.—In carrying out this sub- means a document that— chapter, the Secretary— tation planning process; ‘‘(A) contains technical specifications or ‘‘(3) improve regional cooperation, inter- ‘‘(A) may use 1 or more advisory commit- other precise criteria for intelligent trans- tees; and operability, and operations for effective in- portation systems that are to be used con- telligent transportation system perform- ‘‘(B) shall designate a public-private orga- sistently as rules, guidelines, or definitions nization, the members of which participate ance; of characteristics so as to ensure that mate- ‘‘(4) promote the innovative use of private in on-going research, planning, standards de- rials, products, processes, and services are fit resources; velopment, deployment, and marketing of for their purposes; and ‘‘(5) assist State transportation depart- ITS programs, products, and services, and ‘‘(B) may— ments in developing a workforce capable of coordinate the development and deployment ‘‘(i) support the national ITS architecture; developing, operating, and maintaining in- of intelligent transportation systems in the and telligent transportation systems; United States, as the Federal advisory com- ‘‘(ii) promote— ‘‘(6) maintain an updated national ITS ar- mittee authorized by section 5204(h) of the ‘‘(I) the widespread use and adoption of in- chitecture and consensus-based standards Transportation Equity Act for the 21st Cen- telligent transportation system technology while ensuring an effective Federal presence tury (112 Stat. 454). as a component of the surface transportation in the formulation of domestic and inter- ‘‘(2) FUNDING.—Of the amount made avail- national ITS standards; systems of the United States; and able to carry out this subchapter, the Sec- ‘‘(7) advance commercial vehicle oper- ‘‘(II) interoperability among intelligent retary may use $1,407,943 for each fiscal year ations components of intelligent transpor- transportation system technologies imple- for advisory committees described in para- tation systems— mented throughout the States. graph (1). ‘‘(A) to improve the safety and produc- ‘‘§ 524. General authorities and requirements ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY tivity of commercial vehicles and drivers; ‘‘(a) SCOPE.—Subject to this subchapter, COMMITTEE ACT.—Any advisory committee and the Secretary shall carry out an ongoing in- described in paragraph (1) shall be subject to ‘‘(B) to reduce costs associated with com- telligent transportation system research the Federal Advisory Committee Act (5 mercial vehicle operations and Federal and program— U.S.C. App.). State commercial vehicle regulatory re- ‘‘(1) to research, develop, and operationally ‘‘(i) PROCUREMENT METHODS.—The Sec- quirements; test intelligent transportation systems; and retary shall develop and provide appropriate ‘‘(8) evaluate costs and benefits of intel- ‘‘(2) to provide technical assistance in the technical assistance and guidance to assist ligent transportation systems projects; nationwide application of those systems as a State and local agencies in evaluating and ‘‘(9) improve, as part of the Archived Data component of the surface transportation sys- selecting appropriate methods of deployment User Service and in cooperation with the Bu- tems of the United States. and procurement for intelligent transpor- reau of Transportation Statistics, the collec- ‘‘(b) POLICY.—Intelligent transportation tation system projects carried out using tion of surface transportation system condi- system operational tests and projects funded funds made available from the Highway tion and performance data through the use under this subchapter shall encourage, but Trust Fund, including innovative and non- of intelligent transportation system tech- not displace, public-private partnerships or traditional methods such as Information nologies; and private sector investment in those tests and Technology Omnibus Procurement (as devel- ‘‘(10) ensure access to transportation infor- projects. oped by the Secretary). ‘‘(j) EVALUATIONS.— mation and services by travelers of all ages. ‘‘(c) COOPERATION WITH GOVERNMENTAL, ‘‘(1) GUIDELINES AND REQUIREMENTS.— ‘‘§ 523. Definitions PRIVATE, AND EDUCATIONAL ENTITIES.—The ‘‘(A) IN GENERAL.—The Secretary shall ‘‘In this subchapter: Secretary shall carry out the intelligent issue revised guidelines and requirements for ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS- transportation system research and tech- the evaluation of operational tests and other TEMS AND NETWORKS.—The term ‘commercial nical assistance program in cooperation intelligent transportation system projects vehicle information systems and networks’ with— carried out under this subchapter. means the information systems and commu- ‘‘(1) State and local governments and other ‘‘(B) OBJECTIVITY AND INDEPENDENCE.—The nications networks that support commercial public entities; guidelines and requirements issued under vehicle operations. ‘‘(2) the private sector; subparagraph (A) shall include provisions to ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.— ‘‘(3) Federal laboratories (as defined in sec- ensure the objectivity and independence of ‘‘(A) IN GENERAL.—The term ‘commercial tion 501); and vehicle operations’ means motor carrier op- ‘‘(4) colleges and universities, including the evaluator so as to avoid any real or ap- erations and motor vehicle regulatory ac- historically black colleges and universities parent conflict of interest or potential influ- tivities associated with the commercial and other minority institutions of higher ence on the outcome by— movement of goods (including hazardous ma- education. ‘‘(i) parties to any such test; or terials) and passengers. ‘‘(d) CONSULTATION WITH FEDERAL OFFI- ‘‘(ii) any other formal evaluation carried ‘‘(B) INCLUSIONS.—The term ‘commercial CIALS.—In carrying out the intelligent trans- out under this subchapter. vehicle operations’, with respect to the pub- portation system research program, the Sec- ‘‘(C) FUNDING.—The guidelines and require- lic sector, includes— retary, as appropriate, shall consult with— ments issued under subparagraph (A) shall ‘‘(i) the issuance of operating credentials; ‘‘(1) the Secretary of Commerce; establish evaluation funding levels based on ‘‘(ii) the administration of motor vehicle ‘‘(2) the Secretary of the Treasury; the size and scope of each test that ensure and fuel taxes; and ‘‘(3) the Administrator of the Environ- adequate evaluation of the results of the test ‘‘(iii) roadside safety and border crossing mental Protection Agency; or project. inspection and regulatory compliance oper- ‘‘(4) the Director of the National Science ‘‘(2) SPECIAL RULE.—Any survey, question- ations. Foundation; and naire, or interview that the Secretary con- ‘‘(3) INTELLIGENT TRANSPORTATION INFRA- ‘‘(5) the Secretary of Homeland Security. siders necessary to carry out the evaluation STRUCTURE.—The term ‘intelligent transpor- ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND of any test or program assessment activity tation infrastructure’ means fully integrated INFORMATION.—The Secretary may provide under this subchapter shall not be subject to public sector intelligent transportation sys- technical assistance, training, and informa- chapter 35 of title 44. tem components, as defined by the Sec- tion to State and local governments seeking ‘‘§ 525. National ITS Program Plan retary. to implement, operate, maintain, or evaluate ‘‘(a) IN GENERAL.—

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‘‘(1) UPDATES.—Not later than 1 year after the Secretary shall establish a provisional tive burdens by advancing technology to fa- the date of enactment of the Safe, Account- standard— cilitate inspections and increase the effec- able, Flexible, and Efficient Transportation ‘‘(A) after consultation with affected par- tiveness of enforcement efforts; Equity Act of 2005, the Secretary, in con- ties; and ‘‘(C) advance electronic processing of reg- sultation with interested stakeholders (in- ‘‘(B) by using, to the maximum extent istration information, driver licensing infor- cluding State transportation departments) practicable, the work product of appropriate mation, fuel tax information, inspection and shall develop a 5-year National ITS Program standards development organizations. crash data, and other safety information; Plan. ‘‘(3) PERIOD OF EFFECTIVENESS.—A provi- ‘‘(D) enhance the safe passage of commer- ‘‘(2) SCOPE.—The National ITS Program sional standard established under paragraph cial vehicles across the United States and Plan shall— (1) or (2) shall— across international borders; and ‘‘(A) specify the goals, objectives, and ‘‘(A) be published in the Federal Register; ‘‘(E) promote the communication of infor- milestones for the research and deployment and mation among the States and encourage of intelligent transportation systems in the ‘‘(B) remain in effect until such time as the multistate cooperation and corridor develop- contexts of— appropriate standards development organiza- ment. ‘‘(i) major metropolitan areas; tion adopts and publishes a standard. ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.— ‘‘(c) WAIVER OF REQUIREMENT TO ESTABLISH ‘‘(ii) smaller metropolitan and rural areas; ‘‘(A) IN GENERAL.—The term ‘commercial PROVISIONAL CRITICAL STANDARD.— and vehicle operations’ means motor carrier op- ‘‘(1) IN GENERAL.—The Secretary may ‘‘(iii) commercial vehicle operations; erations and motor vehicle regulatory ac- waive the requirement under subsection ‘‘(B) specify the manner in which specific tivities associated with the commercial programs and projects will achieve the goals, (b)(2) to establish a provisional standard if the Secretary determines that additional movement of goods (including hazardous ma- objectives, and milestones referred to in sub- terials) and passengers. paragraph (A), including consideration of a 5- time would be productive in, or that establishment of a provisional standard would be ‘‘(B) INCLUSIONS.—The term ‘commercial year timeframe for the goals and objectives; vehicle operations’, with respect to the pub- ‘‘(C) identify activities that provide for the counterproductive to, the timely achievement of the objectives identified in sub- lic sector, includes— dynamic development, testing, and nec- ‘‘(i) the issuance of operating credentials; essary revision of standards and protocols to section (a). ‘‘(2) NOTICE.—The Secretary shall publish ‘‘(ii) the administration of motor vehicle promote and ensure interoperability in the and fuel taxes; and implementation of intelligent transportation in the Federal Register a notice that describes— ‘‘(iii) the administration of roadside safety system technologies, including actions taken ‘‘(A) each standard for which a waiver of and border crossing inspection and regu- to establish standards; and the provisional standard requirement is latory compliance operations. ‘‘(D) establish a cooperative process with granted under paragraph (1); ‘‘(3) CORE DEPLOYMENT.—The term ‘core de- State and local governments for— ‘‘(B) the reasons for and effects of granting ployment’ means the deployment of systems ‘‘(i) determining desired surface transpor- the waiver; and in a State necessary to provide the State tation system performance levels; and ‘‘(C) an estimate as to the date on which with— ‘‘(ii) developing plans for accelerating the the standard is expected to be adopted ‘‘(A) safety information exchange to— incorporation of specific intelligent trans- through a process consistent with section ‘‘(i) electronically collect and transmit portation system capabilities into surface 12(d) of the National Technology Transfer commercial vehicle and driver inspection transportation systems. and Advancement Act of 1995 (15 U.S.C. 272 data at a majority of inspection sites; ‘‘(b) REPORTING.—The National ITS Pro- note; 110 Stat. 783). ‘‘(ii) connect to the Safety and Fitness gram Plan shall be transmitted and bienni- ‘‘(3) WITHDRAWAL OF WAIVER.— Electronic Records system for access to— ally updated as part of the surface transpor- ‘‘(A) IN GENERAL.—The Secretary may ‘‘(I) interstate carrier and commercial ve- tation research and technology development withdraw a waiver granted under paragraph hicle data; strategic plan developed under section 508(c). (1) at any time. ‘‘(II) summaries of past safety perform- ‘‘§ 526. National ITS architecture and stand- ‘‘(B) NOTICE.—On withdrawal of a waiver, ance; and ards the Secretary shall publish in the Federal ‘‘(III) commercial vehicle credentials infor- ‘‘(a) IN GENERAL.— Register a notice that describes— mation; and ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND ‘‘(i) each standard for which the waiver has ‘‘(iii) exchange carrier data and commer- MAINTENANCE.—In accordance with section been withdrawn; and cial vehicle safety and credentials informa- 12(d) of the National Technology Transfer ‘‘(ii) the reasons for withdrawing the waiv- tion within the State and connect to Safety and Advancement Act of 1995 (15 U.S.C. 272 er. and Fitness Electronic Records system for note; 110 Stat. 783), the Secretary shall de- ‘‘(d) CONFORMITY WITH NATIONAL ITS AR- access to interstate carrier and commercial velop, implement, and maintain a national CHITECTURE.— vehicle data; ITS architecture and supporting standards ‘‘(1) IN GENERAL.—Except as provided in ‘‘(B) interstate credentials administration and protocols to promote the widespread use paragraphs (2) and (3), the Secretary shall to— and evaluation of intelligent transportation ensure that intelligent transportation sys- ‘‘(i)(I) perform end-to-end (including car- system technology as a component of the tem projects carried out using funds made rier application) jurisdiction application surface transportation systems of the United available from the Highway Trust Fund con- processing, and credential issuance, of at States. form to the national ITS architecture, appli- least the International Registration Plan ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To cable standards or provisional standards, and and International Fuel Tax Agreement cre- the maximum extent practicable, the na- protocols developed under subsection (a). dentials; and tional ITS architecture shall promote inter- ‘‘(2) DISCRETION OF SECRETARY.—The Sec- ‘‘(II) extend the processing to other creden- operability among, and efficiency of, intel- retary may authorize exceptions to para- tials, including intrastate, titling, oversize ligent transportation system technologies graph (1) for projects designed to achieve or overweight requirements, carrier registra- implemented throughout the United States. specific research objectives outlined in— tion, and hazardous materials; ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA- ‘‘(A) the National ITS Program Plan under ‘‘(ii) connect to the International Registra- NIZATIONS.—In carrying out this section, the section 525; or tion Plan and International Fuel Tax Agree- Secretary shall use the services of such ‘‘(B) the surface transportation research ment clearinghouses; and standards development organizations as the and technology development strategic plan ‘‘(iii)(I) have at least 10 percent of the Secretary determines to be appropriate. developed under section 508(c). transaction volume handled electronically; ‘‘(b) PROVISIONAL STANDARDS.— ‘‘(3) EXCEPTIONS.—Paragraph (1) shall not and ‘‘(1) IN GENERAL.—If the Secretary finds apply to funds used for operation or mainte- ‘‘(II) have the capability to add more car- that the development or selection of an in- nance of an intelligent transportation sys- riers and to extend to branch offices where telligent transportation system standard tem in existence on the date of enactment of applicable; and jeopardizes the timely achievement of the this subchapter. ‘‘(C) roadside electronic screening to elec- objectives identified in subsection (a), the ‘‘§ 527. Commercial vehicle information sys- tronically screen transponder-equipped com- Secretary may establish a provisional stand- tems and networks deployment mercial vehicles at a minimum of 1 fixed or ard— ‘‘(a) DEFINITIONS.—In this section: mobile inspection site and to replicate the ‘‘(A) after consultation with affected par- ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS- screening at other sites. ties; and TEMS AND NETWORKS.—The term ‘commercial ‘‘(4) EXPANDED DEPLOYMENT.—The term ‘‘(B) by using, to the maximum extent vehicle information systems and networks’ ‘expanded deployment’ means the deploy- practicable, the work product of appropriate means the information systems and commu- ment of systems in a State that— standards development organizations. nications networks that provide the capa- ‘‘(A) exceed the requirements of a core de- ‘‘(2) CRITICAL STANDARDS.—If a standard bility to— ployment of commercial vehicle information identified by the Secretary as critical has ‘‘(A) improve the safety of commercial ve- systems and networks; not been adopted and published by the appro- hicle operations; ‘‘(B) improve safety and the productivity priate standards development organization ‘‘(B) increase the efficiency of regulatory of commercial vehicle operations; and by the date of enactment of this subchapter, inspection processes to reduce administra- ‘‘(C) enhance transportation security.

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‘‘(b) PROGRAM.—The Secretary shall carry works shall be eligible for an expanded de- ‘‘(9) examine— out a commercial vehicle information sys- ployment grant. ‘‘(A) the application to intelligent trans- tems and networks program to— ‘‘(3) AMOUNT OF GRANTS.—Each fiscal year, portation systems of appropriately modified ‘‘(1) improve the safety and productivity of the Secretary may distribute funds available existing technologies from other industries; commercial vehicles and drivers; and for expanded deployment grants equally and ‘‘(2) reduce costs associated with commer- among the eligible States in an amount that ‘‘(B) the development of new, more robust cial vehicle operations and Federal and does not exceed $1,000,000 for each State. intelligent transportation systems tech- State commercial vehicle regulatory re- ‘‘(4) USE OF FUNDS.—A State may use funds nologies and instrumentation; quirements. from a grant under this subsection only for ‘‘(10) develop and test communication ‘‘(c) PURPOSE.—It is the purpose of the pro- the expanded deployment of commercial ve- technologies that— gram to advance the technological capa- hicle information systems and networks. ‘‘(A) are based on an assessment of the bility and promote the deployment of intel- ‘‘(f) FEDERAL SHARE.—The Federal share of needs of officers participating in a motor ligent transportation system applications for the cost of a project payable from funds carrier safety program funded under section commercial vehicle operations, including made available to carry out this section 31104 of title 49; commercial vehicle, commercial driver, and shall be the share applicable under section ‘‘(B) take into account the effectiveness carrier-specific information systems and net- 120(b), as adjusted under subsection (d) of and adequacy of available technology; that section. works. ‘‘(C) address systems integration, ‘‘(g) FUNDING.—Funds authorized to be ap- connectivity, and interoperability chal- ‘‘(d) CORE DEPLOYMENT GRANTS.— propriated to carry out this section shall be lenges; and ‘‘(1) IN GENERAL.—The Secretary shall available for obligation in the same manner ‘‘(D) provide the means for officers partici- make grants to eligible States for the core and to the same extent as if the funds were pating in a motor carrier safety program deployment of commercial vehicle informa- apportioned under chapter 1, except that the tion systems and networks. funds shall remain available until expended. funded under section 31104 of title 49 to di- ‘‘(2) ELIGIBILITY.—To be eligible for a core rectly assess, without an intermediary, cur- ‘‘§ 528. Research and development deployment grant under this subsection, a rent and accurate safety and regulatory in- ‘‘(a) IN GENERAL.—The Secretary shall State shall— formation on motor carriers, commercial carry out a comprehensive program of intel- ‘‘(A) have a commercial vehicle informa- motor vehicles and drivers at roadside or ligent transportation system research, devel- tion systems and networks program plan and mobile inspection facilities; opment, and operational tests of intelligent a top level system design approved by the ‘‘(11) enhance intermodal use of intelligent vehicles and intelligent infrastructure sys- transportation systems for diverse groups, Secretary; tems, and other similar activities that are ‘‘(B) certify to the Secretary that the com- including for emergency and health-related necessary to carry out this subchapter. services; mercial vehicle information systems and ‘‘(b) PRIORITY AREAS.—Under the program, ‘‘(12) improve sensing and wireless commu- networks deployment activities of the State the Secretary shall give priority to funding (including hardware procurement, software projects that— nications that provide real-time information and system development, and infrastructure ‘‘(1) assist in the development of an inter- regarding congestion and incidents; modifications)— connected national intelligent transpor- ‘‘(13) develop and test high-accuracy, lane- ‘‘(i) are consistent with the national intel- tation system network that— level, real-time accessible digital map archi- ligent transportation systems and commer- ‘‘(A) improves the reliability of the surface tectures that can be used by intelligent vehi- cial vehicle information systems and net- transportation system; cles and intelligent infrastructure elements works architectures and available standards; ‘‘(B) supports national security; to facilitate safety and crash avoidance (in- and ‘‘(C) reduces, by at least 20 percent, the cluding establishment of national standards ‘‘(ii) promote interoperability and effi- cost of manufacturing, deploying, and oper- for an open-architecture digital map of all ciency, to the maximum extent practicable; ating intelligent transportation systems net- public roads that is compatible with elec- and work components; tronic 9-1-1 services); ‘‘(C) agree to execute interoperability tests ‘‘(D) could assist in deployment of the ‘‘(14) encourage the dual-use of intelligent developed by the Federal Motor Carrier Safe- Armed Forces in response to a crisis; and transportation system technologies (such as ty Administration to verify that the systems ‘‘(E) improves response to, and evacuation wireless communications) for— of the State conform with the national intel- of the public during, an emergency situation; ‘‘(A) emergency services; ligent transportation systems architecture, ‘‘(2) address traffic management, incident ‘‘(B) road pricing; and applicable standards, and protocols for com- management, transit management, toll col- ‘‘(C) local economic development; and mercial vehicle information systems and lection traveler information, or highway op- ‘‘(15) advance the use of intelligent trans- networks. erations systems with goals of— portation systems to facilitate high-perform- ‘‘(3) AMOUNT OF GRANTS.—The maximum ‘‘(A) reducing metropolitan congestion by 5 ance transportation systems, such as aggregate amount a State may receive under percent by 2010; through— this subsection for the core deployment of ‘‘(B) ensuring that a national, interoper- ‘‘(A) congestion-pricing; commercial vehicle information systems and able 511 system, along with a national traffic ‘‘(B) real-time facility management; networks may not exceed $2,500,000, includ- information system that includes a user- ‘‘(C) rapid-emergency response; and ing funds received under section 2001(a) of friendly, comprehensive website, is fully im- ‘‘(D) just-in-time transit. the Safe, Accountable, Flexible, and Effi- plemented for use by travelers throughout ‘‘(c) OPERATIONAL TESTS.—Operational cient Transportation Equity Act of 2005 for the United States by September 30, 2010; and tests conducted under this section shall be the core deployment of commercial vehicle ‘‘(C)(i) improving incident management re- designed for— information systems and networks. sponse, particularly in rural areas, so that ‘‘(1) the collection of data to permit objec- ‘‘(4) USE OF FUNDS.— rural emergency response times are reduced tive evaluation of the results of the tests; ‘‘(A) IN GENERAL.—Subject to subparagraph by an average of 10 minutes; and ‘‘(2) the derivation of cost-benefit informa- (B), funds from a grant under this subsection ‘‘(ii) subject to subsection (d), improving tion that is useful to others contemplating may only be used for the core deployment of communication between emergency care pro- deployment of similar systems; and commercial vehicle information systems and viders and trauma centers; ‘‘(3) the development and implementation networks. ‘‘(3) address traffic management, incident of standards. ‘‘(B) REMAINING FUNDS.—An eligible State management, transit management, toll col- ‘‘(d) FEDERAL SHARE.—The Federal share of that has completed the core deployment of lection, traveler information, or highway op- the costs of operational tests under sub- commercial vehicle information systems and erations systems; section (a) shall not exceed 80 percent. networks, or completed the deployment be- ‘‘(4) conduct operational tests of the inte- ‘‘§ 529. Use of funds fore core deployment grant funds are ex- gration of at least 3 crash-avoidance tech- pended, may use the remaining core deploy- nologies in passenger vehicles; ‘‘(a) IN GENERAL.—For each fiscal year, not ment grant funds for the expanded deploy- ‘‘(5) incorporate human factors research, more than $5,000,000 of the funds made avail- ment of commercial vehicle information sys- including the science of the driving process; able to carry out this subchapter shall be tems and networks in the State. ‘‘(6) facilitate the integration of intelligent used for intelligent transportation system ‘‘(e) EXPANDED DEPLOYMENT GRANTS.— infrastructure, vehicle, and control tech- outreach, public relations, displays, tours, ‘‘(1) IN GENERAL.—For each fiscal year, nologies; and brochures. from the funds remaining after the Secretary ‘‘(7) incorporate research on the impact of ‘‘(b) APPLICABILITY.—Subsection (a) shall has made core deployment grants under sub- environmental, weather, and natural condi- not apply to intelligent transportation sys- section (d), the Secretary may make grants tions on intelligent transportation systems, tem training, scholarships, or the publica- to each eligible State, on request, for the ex- including the effects of cold climates; tion or distribution of research findings, panded deployment of commercial vehicle in- ‘‘(8) as determined by the Secretary, will technical guidance, or similar documents.’’. formation systems and networks. improve the overall safety performance of (b) CONFORMING AMENDMENT.—Title V of ‘‘(2) ELIGIBILITY.—Each State that has vehicles and roadways, including the use of the Transportation Equity Act for the 21st completed the core deployment of commer- real-time setting of speed limits through the Century is amended by striking subtitle C (23 cial vehicle information systems and net- use of speed management technology; U.S.C. 502 note; 112 Stat. 452).

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4712 CONGRESSIONAL RECORD — SENATE May 9, 2005 TITLE III—RECREATIONAL BOATING able for 3 fiscal years, after which any por- SEC. 3009. MULTISTATE CONSERVATION GRANT SAFETY PROGRAMS tion thereof that is unobligated by the Sec- PROGRAM. Section 14 (16 U.S.C. 777m) is amended— SEC. 3001. SHORT TITLE. retary for that program may be expended by This title may be cited as the ‘‘Sport Fish- the Secretary under subsection (c).’’; (1) by striking so much of subsection (a) as ing and Recreational Boating Safety Act’’. (3) in subsection (b)(1) (as redesignated by precedes paragraph (2) and inserting the following: SEC. 3002. AMENDMENT OF FEDERAL AID IN FISH paragraph (1)), by striking subparagraph (A) ‘‘(a) IN GENERAL.— RESTORATION ACT. and inserting the following: ‘‘(1) AMOUNT FOR GRANTS.—For fiscal year Except as otherwise expressly provided, ‘‘(A) SET-ASIDE.—For fiscal year 2006 and 2004 and each subsequent fiscal year, not whenever in this subtitle an amendment or each subsequent fiscal year, before making a more than $3,000,000 of each annual appro- repeal is expressed in terms of an amend- distribution under subsection (a), the Sec- priation made in accordance with the provi- ment to, or repeal of, a section or other pro- retary of the Interior may use not more than sions of section 3 of this title shall be dis- vision, the reference shall be considered to the available amount specified in subpara- tributed to the Secretary of the Interior for be made to a section or other provision of graph (B) for the fiscal year for expenses of making multistate conservation project the Act entitled ‘‘An Act to provide that the administration incurred in the implementa- grants in accordance with this section.’’; United States shall aid the States in fish res- tion of this chapter, in accordance with this (2) by striking ‘‘section 4(e)’’ each place it toration and management projects, and for section and section 9.’’; appears in subsection (a)(2)(B) and inserting other purposes,’’ approved August 9, 1950 (64 (4) in subsection (c) (as redesignated by ‘‘section 4(c)’’; and Stat. 430; 16 U.S.C. 777 et seq.). paragraph (1)), by striking the subsection (3) by striking ‘‘Of the balance of each an- SEC. 3003. AUTHORIZATION OF APPROPRIATIONS. heading and all that follows through the colon in the first sentence and inserting the nual appropriation made under section 3 re- (a) IN GENERAL.—Section 3 (16 U.S.C. 777b) maining after the distribution and use under is amended— following: ‘‘(c) APPORTIONMENT AMONG STATES.—For subsections (a), (b), and (c) of section 4 for (1) by striking ‘‘the succeeding fiscal fiscal year 2006 and each subsequent fiscal each fiscal year and after deducting amounts year.’’ in the third sentence and inserting year, after the distribution, transfer, use, used for grants under subsection (a)—’’ in ‘‘succeeding fiscal years.’’; and and deduction under subsection (b), and after subsection (e) and inserting ‘‘Of amounts (2) by striking ‘‘in carrying on the research deducting amounts for grants under section made available under section 4(b) for each program of the Fish and Wildlife Service in 14, the Secretary of the Interior shall appor- fiscal year—’’. respect to fish of material value for sport tion 57 percent of the balance of each annual and recreation.’’ and inserting ‘‘to supple- TITLE IV—SOLID WASTE DISPOSAL appropriation among the several States in ment the 57 percent of the balance of each SEC. 4001. INCREASED USE OF RECOVERED MIN- the following manner:’’; annual appropriation to be apportioned ERAL COMPONENT IN FEDERALLY (5) by striking ‘‘per centum’’ each place it FUNDED PROJECTS INVOLVING PRO- among the States, as provided for in section appears in subsection (c) (as redesignated by CUREMENT OF CEMENT OR CON- 4(c).’’. paragraph (1)) and inserting ‘‘percent’’; CRETE. (b) CONFORMING AMENDMENTS.— (6) in paragraph (1) of subsection (e) (as re- (a) IN GENERAL.—Subtitle F of the Solid (1) IN GENERAL.—Section 3 of the Dingell- designated by paragraph (1)), by striking Waste Disposal Act (42 U.S.C. 6961 et seq.) is Johnson Sport Fish Restoration Act (16 amended by adding at the end the following: U.S.C. 777b) is amended in the first sen- ‘‘subsections (a), (b)(3)(A), (b)(3)(B), and (c)’’ and inserting ‘‘paragraphs (1), (3), (4), and (5) ‘‘SEC. 6005. INCREASED USE OF RECOVERED MIN- tence— ERAL COMPONENT IN FEDERALLY (A) by striking ‘‘Sport Fish Restoration of subsection (a)’’; and (7) by adding at the end the following: FUNDED PROJECTS INVOLVING PRO- Account’’ and inserting ‘‘Sport Fish Restora- CUREMENT OF CEMENT OR CON- ‘‘(f) TRANSFER OF CERTAIN FUNDS.— tion Trust Fund’’; and CRETE. Amounts available under paragraphs (3) and (B) by striking ‘‘that Account’’ and insert- ‘‘(a) DEFINITIONS.—In this section: (4) of subsection (a) that are unobligated by ing ‘‘that Trust Fund, except as provided in ‘‘(1) AGENCY HEAD.—The term ‘agency head’ the Secretary after 3 fiscal years shall be section 9504(c) of the Internal Revenue Code means— transferred to the Secretary of Homeland Se- of 1986’’. ‘‘(A) the Secretary of Transportation; and curity and shall be expended for State rec- (2) EFFECTIVE DATE.—The amendments ‘‘(B) the head of each other Federal agency reational boating safety programs under sec- made by paragraph (1) take effect on October that on a regular basis procures, or provides tion 13106(a) of title 46, United States Code.’’. 1, 2004. Federal funds to pay or assist in paying the SEC. 3005. MAINTENANCE OF PROJECTS. SEC. 3004. DIVISION OF ANNUAL APPROPRIA- cost of procuring, material for cement or TIONS. Section 8 (16 U.S.C. 777g) is amended— concrete projects. Section 4 (16 U.S.C. 777c) is amended— (1) by striking ‘‘in carrying out the re- ‘‘(2) CEMENT OR CONCRETE PROJECT.—The (1) by striking subsections (a) through (c) search program of the Fish and Wildlife term ‘cement or concrete project’ means a and redesignating subsections (d) through (g) Service in respect to fish of material value project for the construction or maintenance as subsections (b) through (e), respectively; for sport or recreation.’’ in subsection (b)(2) of a highway or other transportation facility (2) by inserting before subsection (b) (as re- and inserting ‘‘to supplement the 57 percent or a Federal, State, or local government designated by paragraph (1)), the following: of the balance of each annual appropriation building or other public facility that— ‘‘(a) IN GENERAL.—For fiscal years 2004 to be apportioned among the States under ‘‘(A) involves the procurement of cement through 2009, the balance of each annual ap- section 4(c).’’; and or concrete; and propriation made in accordance with the pro- (2) in subsection (d)(3), by striking ‘‘sub- ‘‘(B) is carried out in whole or in part visions of section 3 of this title remaining section (c) or (d) of section 4’’ and inserting using Federal funds. after the distributions are made for adminis- ‘‘section 4(a)(5) or section 4(b)’’. ‘‘(3) RECOVERED MINERAL COMPONENT.—The trative expenses and other purposes under SEC. 3006. BOATING INFRASTRUCTURE. term ‘recovered mineral component’ means— section 4(b) and for multistate conservation Section 7404(d)(1) of the Sportfishing and ‘‘(A) ground granulated blast furnace slag; grants under section 14 shall be distributed Boating Safety Act of 1998 (16 U.S.C. 777g- ‘‘(B) coal combustion fly ash; as follows: 1(d)(1)) is amended by striking ‘‘section ‘‘(C) blast furnace slag aggregate; and ‘‘(1) COASTAL WETLANDS.—18.5 percent to 4(b)(3)(B)’’ and inserting ‘‘section 4(a)(4)’’. ‘‘(D) any other waste material or byprod- the Secretary of the Interior for distribution SEC. 3007. REQUIREMENTS AND RESTRICTIONS uct recovered or diverted from solid waste as provided in the Coastal Wetlands Plan- CONCERNING USE OF AMOUNTS FOR that the Administrator, in consultation with ning, Protection, and Restoration Act (16 EXPENSES FOR ADMINISTRATION. an agency head, determines should be treat- U.S.C. 3951 et seq.). Section 9 (16 U.S.C. 777h) is amended— ed as recovered mineral component under (1) by striking ‘‘section 4(d)(1)’’ in sub- ‘‘(2) BOATING SAFETY.—18.5 percent to the this section for use in cement or concrete Secretary of Homeland Security for State section (a) and inserting ‘‘section 4(b)’’; and projects paid for, in whole or in part, by the recreational boating safety programs under (2) by striking ‘‘section 4(d)(1)’’ in sub- agency head. section 13106 of title 46, United States Code. section (b)(1) and inserting ‘‘section 4(b)’’. ‘‘(b) IMPLEMENTATION OF REQUIREMENTS.— ‘‘(3) CLEAN VESSEL ACT.—2 percent to the SEC. 3008. PAYMENTS OF FUNDS TO AND CO- ‘‘(1) IN GENERAL.—Not later than 1 year Secretary of the Interior for qualified OPERATION WITH PUERTO RICO, after the date of enactment of this section, THE DISTRICT OF COLUMBIA, GUAM, projects under section 5604(c) of the Clean AMERICAN SAMOA, THE COMMON- the Administrator and each agency head Vessel Act of 1992 (33 U.S.C. 1322 note). WEALTH OF THE NORTHERN MAR- shall take such actions as are necessary to ‘‘(4) BOATING INFRASTRUCTURE.—2 percent IANA ISLANDS, AND THE VIRGIN IS- implement fully all procurement require- to the Secretary of the Interior for obliga- LANDS. ments and incentives in effect as of the date tion for qualified projects under section Section 12 (16 U.S.C. 777k) is amended by of enactment of this section (including 7404(d) of the Sportfishing and Boating Safe- striking ‘‘in carrying on the research pro- guidelines under section 6002) that provide ty Act of 1998 (16 U.S.C. 777g–1(d)). gram of the Fish and Wildlife Service in re- for the use of cement and concrete incor- ‘‘(5) NATIONAL OUTREACH AND COMMUNICA- spect to fish of material value for sport or porating recovered mineral component in ce- TIONS.—2 percent to the Secretary of the In- recreation.’’ and inserting ‘‘to supplement ment or concrete projects. terior for the National Outreach and Com- the 57 percent of the balance of each annual ‘‘(2) PRIORITY.—In carrying out paragraph munications Program under section 8(d) of appropriation to be apportioned among the (1) an agency head shall give priority to this title. Such amounts shall remain avail- States under section 4(b) of this title.’’. achieving greater use of recovered mineral

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4713 component in cement or concrete projects SEC. 4002. USE OF GRANULAR MINE TAILINGS. (D) Section 4051(c) (relating to termination for which recovered mineral components his- (a) IN GENERAL.—Subtitle F of the Solid of tax on heavy trucks and trailers). torically have not been used or have been Waste Disposal Act (42 U.S.C. 6961 et seq.) (as (E) Section 4071(d) (relating to termination used only minimally. amended by section 4001(a)) is amended by of tax on tires). ‘‘(3) CONFORMANCE.—The Administrator adding at the end the following: (F) Section 4081(d)(1) (relating to termi- and each agency head shall carry out this ‘‘SEC. 6006. USE OF GRANULAR MINE TAILINGS. nation of tax on gasoline, diesel fuel, and subsection in accordance with section 6002. ‘‘(a) MINE TAILINGS.— kerosene). ‘‘(c) FULL IMPLEMENTATION STUDY.— ‘‘(1) IN GENERAL.—Not later than 180 days (G) Section 4481(f) (relating to period tax in ‘‘(1) IN GENERAL.—The Administrator, in after the date of enactment of this section, effect). cooperation with the Secretary of Transpor- the Administrator, in consultation with the (H) Section 4482(c)(4) (relating to taxable tation and the Secretary of Energy, shall Secretary of Transportation and heads of period). conduct a study to determine the extent to other Federal agencies, shall establish cri- (I) Section 4482(d) (relating to special rule which current procurement requirements, teria (including an evaluation of whether to for taxable period in which termination date when fully implemented in accordance with establish a numerical standard for con- occurs). subsection (b), may realize energy savings centration of lead and other hazardous sub- (2) FLOOR STOCKS REFUNDS.—Section and environmental benefits attainable with stances) for the safe and environmentally 6412(a)(1) (relating to floor stocks refunds) is substitution of recovered mineral component protective use of granular mine tailings from amended— in cement used in cement or concrete the Tar Creek, Oklahoma Mining District, (A) by striking ‘‘2005’’ each place it appears projects. known as ‘chat’, for— and inserting ‘‘2011’’, and ‘‘(2) MATTERS TO BE ADDRESSED.—The study ‘‘(A) cement or concrete projects; and (B) by striking ‘‘2006’’ each place it appears shall— ‘‘(B) transportation construction projects and inserting ‘‘2012’’. ‘‘(A) quantify the extent to which recov- (including transportation construction (b) EXTENSION OF CERTAIN EXEMPTIONS.— ered mineral components are being sub- projects involving the use of asphalt) that The following provisions are each amended stituted for Portland cement, particularly as are carried out, in whole or in part, using by striking ‘‘2005’’ and inserting ‘‘2011’’: a result of current procurement require- Federal funds. (1) Section 4221(a) (relating to certain tax- ments, and the energy savings and environ- ‘‘(2) REQUIREMENTS.—In establishing cri- free sales). mental benefits associated with that substi- teria under paragraph (1), the Administrator (2) Section 4483(h) (relating to termination tution; shall consider— of exemptions for highway use tax). ‘‘(B) identify all barriers in procurement ‘‘(A) the current and previous uses of requirements to greater realization of energy granular mine tailings as an aggregate for (c) EXTENSION OF TRANSFERS OF CERTAIN savings and environmental benefits, includ- asphalt; and TAXES.— ing barriers resulting from exceptions from ‘‘(B) any environmental and public health (1) IN GENERAL.—Paragraphs (1), (2), and current law; and risks and benefits derived from the removal, (4)(D)((iii) of subsection (b) and subsection ‘‘(C)(i) identify potential mechanisms to transportation, and use in transportation (c)(3) of section 9503 (relating to the Highway achieve greater substitution of recovered projects of granular mine tailings. Trust Fund) are each amended— mineral component in types of cement or ‘‘(3) PUBLIC PARTICIPATION.—In establishing (A) by striking ‘‘2005’’ each place it appears concrete projects for which recovered min- the criteria under paragraph (1), the Admin- and inserting ‘‘2011’’, and eral components historically have not been istrator shall solicit and consider comments (B) by striking ‘‘2006’’ each place it appears used or have been used only minimally; from the public. and inserting ‘‘2012’’. ‘‘(ii) evaluate the feasibility of estab- ‘‘(4) APPLICABILITY OF CRITERIA.—On the es- (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX lishing guidelines or standards for optimized tablishment of the criteria under paragraph TRANSFERS.— substitution rates of recovered mineral com- (1), any use of the granular mine tailings de- (A) IN GENERAL.—Paragraphs (4)(A)(i) and ponent in those cement or concrete projects; scribed in paragraph (1) in a transportation (5)(A) of section 9503(c) are each amended by and project that is carried out, in whole or in striking ‘‘2005’’ and inserting ‘‘2011’’. ‘‘(iii) identify any potential environmental part, using Federal funds, shall meet the cri- (B) CONFORMING AMENDMENTS TO LAND AND or economic effects that may result from teria established under paragraph (1). WATER CONSERVATION FUND.—Section 201(b) of greater substitution of recovered mineral ‘‘(b) EFFECT OF SECTIONS.—Nothing in this the Land and Water Conservation Fund Act component in those cement or concrete section or section 6005 affects any require- of 1965 (16 U.S.C. 460l–11(b)) is amended— projects. ment of any law (including a regulation) in (i) by striking ‘‘2003’’ and inserting ‘‘2009’’, ‘‘(3) REPORT.—Not later than 30 months effect on the date of enactment of this sec- and after the date of enactment of this section, tion.’’. (ii) by striking ‘‘2004’’ each place it appears the Administrator shall submit to Congress (b) CONFORMING AMENDMENT.—The table of and inserting ‘‘2010’’. a report on the study. contents in section 1001 of the Solid Waste (d) EXTENSION AND EXPANSION OF EXPENDI- ‘‘(d) ADDITIONAL PROCUREMENT REQUIRE- Disposal Act (42 U.S.C. prec. 6901) (as amend- TURES FROM TRUST FUNDS.— MENTS.—Unless the study conducted under ed by section 4001(b)) is amended by adding (1) HIGHWAY TRUST FUND.— subsection (c) identifies any effects or other after the item relating to section 6005 the (A) HIGHWAY ACCOUNT.—Paragraph (1) of problems described in subsection (c)(2)(C)(iii) following: section 9503(c) is amended— that warrant further review or delay, the Ad- ministrator and each agency head shall, not ‘‘Sec. 6006. Use of granular mine tailings.’’. (i) in the matter before subparagraph (A), later than 1 year after the release of the re- TITLE V—HIGHWAY REAUTHORIZATION by striking ‘‘June 1, 2005’’ and inserting ‘‘Oc- port in accordance with subsection (c)(3), AND EXCISE TAX SIMPLIFICATION tober 1, 2009’’, take additional actions authorized under (ii) by striking ‘‘or’’ at the end of subpara- SEC. 5000. SHORT TITLE; AMENDMENT OF 1986 graph (J), this Act to establish procurement require- CODE. (iii) by striking the period at the end of ments and incentives that provide for the (a) SHORT TITLE.—This title may be cited subparagraph (K) and inserting ‘‘, or’’, use of cement and concrete with increased as the ‘‘Highway Reauthorization and Excise (iv) by inserting after subparagraph (K) the substitution of recovered mineral component Tax Simplification Act of 2005’’. following new subparagraph: in the construction and maintenance of ce- (b) AMENDMENT OF 1986 CODE.—Except as ‘‘(L) authorized to be paid out of the High- ment or concrete projects, so as to— otherwise expressly provided, whenever in way Trust Fund under the Safe, Account- ‘‘(1) realize more fully the energy savings this title an amendment or repeal is ex- able, Flexible, and Efficient Transportation and environmental benefits associated with pressed in terms of an amendment to, or re- Equity Act of 2005.’’, and increased substitution; and peal of, a section or other provision, the ref- (v) in the matter after subparagraph (L), as ‘‘(2) eliminate barriers identified under erence shall be considered to be made to a added by clause (iv), by striking ‘‘Surface subsection (c). section or other provision of the Internal FFECT OF SECTION.—Nothing in this Transportation Extension Act of 2004, Part ‘‘(e) E Revenue Code of 1986. section affects the requirements of section V’’ and inserting ‘‘Safe, Accountable, Flexi- 6002 (including the guidelines and specifica- Subtitle A—Trust Fund Reauthorization ble, and Efficient Transportation Equity Act tions for implementing those require- SEC. 5101. EXTENSION OF HIGHWAY-RELATED of 2005’’. ments).’’. TAXES AND TRUST FUNDS. (B) MASS TRANSIT ACCOUNT.—Paragraph (3) (b) TABLE OF CONTENTS AMENDMENT.—The (a) EXTENSION OF TAXES.— of section 9503(e) is amended— table of contents in section 1001 of the Solid (1) IN GENERAL.—The following provisions (i) in the matter before subparagraph (A), Waste Disposal Act (42 U.S.C. prec. 6901) is are each amended by striking ‘‘2005’’ each by striking ‘‘June 1, 2005’’ and inserting ‘‘Oc- amended by adding after the item relating to place it appears and inserting ‘‘2011’’: tober 1, 2009’’, section 6004 the following: (A) Section 4041(a)(1)(C)(iii)(I) (relating to (ii) by striking ‘‘or’’ at the end of subpara- ‘‘Sec. 6005. Increased use of recovered min- rate of tax on certain buses). graph (H), eral component in federally (B) Section 4041(a)(2)(B) (relating to rate of (iii) by inserting ‘‘or’’ at the end of sub- funded projects involving pro- tax on special motor fuels). paragraph (I), curement of cement or con- (C) Section 4041(m)(1) (relating to certain (iv) by inserting after subparagraph (I) the crete.’’. alcohol fuels). following new subparagraph:

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4714 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(J) Safe, Accountable, Flexible, and Effi- Subtitle B—Excise Tax Reform and PART II—AQUATIC EXCISE TAXES cient Transportation Equity Act of 2005,’’, Simplification SEC. 5211. ELIMINATION OF AQUATIC RE- and PART I—HIGHWAY EXCISE TAXES SOURCES TRUST FUND AND TRANS- (v) in the matter after subparagraph (J), as FORMATION OF SPORT FISH RES- SEC. 5201. MODIFICATION OF GAS GUZZLER TAX. added by clause (iv), by striking ‘‘Surface TORATION ACCOUNT. (a) UNIFORM APPLICATION OF TAX.—Sub- Transportation Extension Act of 2004, Part (a) SIMPLIFICATION OF FUNDING FOR BOAT paragraph (A) of section 4064(b)(1) (defining V’’ and inserting ‘‘Safe, Accountable, Flexi- SAFETY ACCOUNT.— automobile) is amended by striking the sec- ble, and Efficient Transportation Equity Act (1) IN GENERAL.—Section 9503(c)(4) (relating ond sentence. of 2005’’. to transfers from Trust Fund for motorboat (b) EFFECTIVE DATE.—The amendment (C) EXCEPTION TO LIMITATION ON TRANS- fuel taxes) is amended— made by this section shall take effect on Oc- FERS.—Subparagraph (B) of section 9503(b)(6) (A) by striking ‘‘Fund—’’ and all that fol- tober 1, 2005. is amended by striking ‘‘June 1, 2005’’ and in- lows through ‘‘shall be transferred’’ in sub- serting ‘‘October 1, 2009’’. SEC. 5202. EXCLUSION FOR TRACTORS WEIGHING paragraph (B) and inserting ‘‘Fund which is 19,500 POUNDS OR LESS FROM FED- (D) EXPENDITURES FOR HIGHWAY USE TAX attributable to motorboat fuel taxes shall be ERAL EXCISE TAX ON HEAVY transferred’’, EVASION PROJECTS.—Section 9503(c) is TRUCKS AND TRAILERS. amended by adding at the end the following (B) by striking subparagraph (A), and (a) IN GENERAL.—Subsection (a) of section (C) by redesignating subparagraphs (B) new paragraph: 4051 (relating to imposition of tax) is amend- ‘‘(6) HIGHWAY USE TAX EVASION PROJECTS.— through (E) as subparagraphs (A) through ed by redesignating paragraph (4) as para- (D), respectively. From amounts available in the Highway graph (5) and by inserting after paragraph (3) Trust Fund, there is authorized to be ex- (2) CONFORMING AMENDMENTS.— the following new paragraph: (A) Subparagraph (B) of section 9503(c)(4), pended— ‘‘(4) EXCLUSION FOR TRACTORS WEIGHING ‘‘(A) for the period beginning with fiscal as redesignated by paragraph (1)(C), is 19,500 POUNDS OR LESS.—The tax imposed by amended— year 2006 and ending with fiscal year 2009 to paragraph (1) shall not apply to tractors of (i) by striking ‘‘ACCOUNT’’ in the heading the Internal Revenue Service— the kind chiefly used for highway transpor- thereof and inserting ‘‘AND BOATING TRUST ‘‘(i) $120,000,000 for enforcement of fuel tax tation in combination with a trailer or FUND’’, compliance, including the pre-certification semitrailer if such tractor has a gross vehi- of tax-exempt users, and (ii) by striking ‘‘or (B)’’ in clause (ii), and cle weight of 19,500 pounds or less (as deter- (iii) by striking ‘‘account in the Aquatic ‘‘(ii) $80,000,000 for the excise fuel informa- mined under regulations prescribed by the tion reporting system, of which $40,000,000 Resources’’ and inserting ‘‘and Boating’’. Secretary).’’. (B) Paragraph (5) of section 9503(c) is shall be allocated to the excise summary ter- (b) EFFECTIVE DATE.—The amendments amended by striking ‘‘Account in the Aquat- minal activity reporting system, and made by this section shall apply to sales ic Resources’’ in subparagraph (A) and in- ‘‘(B) for each of the fiscal years 2006, 2007, after September 30, 2005. 2008, and 2009 to the Federal Highway Admin- serting ‘‘and Boating’’. SEC. 5203. EXEMPTION FOR EQUIPMENT FOR (b) MERGING OF ACCOUNTS.— istration, $50,000,000 to be allocated $1,000,000 TRANSPORTING BULK BEDS OF to each State to combat fuel tax evasion on (1) IN GENERAL.—Subsection (a) of section FARM CROPS FROM EXCISE TAX ON 9504 is amended to read as follows: the State level.’’. RETAIL SALE OF HEAVY TRUCKS ‘‘(a) CREATION OF TRUST FUND.—There is (2) AQUATIC RESOURCES TRUST FUND.— AND TRAILERS. hereby established in the Treasury of the (A) SPORT FISH RESTORATION ACCOUNT.— (a) IN GENERAL.—Section 4053 of the Inter- United States a trust fund to be known as Paragraph (2) of section 9504(b) is amended nal Revenue Code of 1986 (relating to exemp- the ‘Sport Fish Restoration and Boating by striking ‘‘Surface Transportation Exten- tions) is amended by adding at the end the Trust Fund’. Such Trust Fund shall consist sion Act of 2004, Part V’’ each place it ap- following new paragraph: of such amounts as may be appropriated, pears and inserting ‘‘Safe, Accountable, ‘‘(9) EQUIPMENT FOR TRANSPORTING BULK credited, or paid to it as provided in this sec- Flexible, and Efficient Transportation Eq- BEDS OF FARM CROPS.—Any box, container, tion, section 9503(c)(4), section 9503(c)(5), or uity Act of 2005’’ . receptacle, bin, or other similar article the section 9602(b).’’. (B) EXCEPTION TO LIMITATION ON TRANS- length of which does not exceed 26 feet, (2) CONFORMING AMENDMENTS.— FERS.—Paragraph (2) of section 9504(d) is which is mounted or placed on an automobile (A) Subsection (b) of section 9504, as amended by striking ‘‘June 1, 2005’’ and in- truck, and which is sold to a person who cer- amended by section 5001 of this Act, is serting ‘‘October 1, 2009’’. tifies to the seller that— amended— (e) EFFECTIVE DATE.—The amendments ‘‘(A) such person is actively engaged in the (i) by striking ‘‘ACCOUNT’’ in the heading made by this section shall take effect on the trade or business of farming, and thereof and inserting ‘‘AND BOATING TRUST date of the enactment of this Act. ‘‘(B) the primary use of the article is to FUND’’, haul to and on farms bulk beds of farm crops (ii) by striking ‘‘Account’’ both places it SEC. 5102. MODIFICATION OF ADJUSTMENTS OF grown in connection with such trade or busi- APPORTIONMENTS. appears in paragraphs (1) and (2) and insert- ness.’’. ing ‘‘and Boating Trust Fund’’, and (a) IN GENERAL.—Section 9503(d) (relating (b) RECAPTURE OF TAX UPON RESALE OR (iii) by striking ‘‘ACCOUNT’’ both places it to adjustments for apportionments) is NONEXEMPT USE.—Section 4052 (relating to amended— appears in the headings for paragraphs (1) definitions and special rules) is amended by and (2) and inserting ‘‘AND BOATING TRUST (1) by striking ‘‘24-month’’ in paragraph redesignating subsection (g) as subsection (1)(B) and inserting ‘‘48-month’’, and FUND’’. (h) and by inserting after subsection (f) the (B) Subsection (d) of section 9504, as (2) by striking ‘‘2 YEARS’ ’’ in the heading following new subsection: amended by section 5001 of this Act, is for paragraph (3) and inserting ‘‘4 YEARS’ ’’. ‘‘(g) IMPOSITION OF TAX ON SALES, ETC., amended— ITHIN EARS OF QUIPMENT FOR RANS (b) MEASUREMENT OF NET HIGHWAY RE- W 2 Y E T - (i) by striking ‘‘AQUATIC RESOURCES’’ in CEIPTS.—Section 9503(d) is amended by redes- PORTING BULK BEDS OF FARM CROPS PUR- the heading thereof, ignating paragraph (6) as paragraph (7) and CHASED TAX-FREE.— (ii) by striking ‘‘any Account in the Aquat- by inserting after paragraph (5) the following ‘‘(1) IN GENERAL.—If— ic Resources’’ in paragraph (1) and inserting new paragraph: ‘‘(A) no tax was imposed under section 4051 ‘‘the Sports Fish Restoration and Boating’’, ‘‘(6) MEASUREMENT OF NET HIGHWAY RE- on the first retail sale of any article de- and CEIPTS.—For purposes of making any esti- scribed in section 4053(9) by reason of its ex- (iii) by striking ‘‘any such Account’’ in mate under paragraph (1) of net highway re- empt use, and paragraph (1) and inserting ‘‘such Trust ceipts for periods ending after the date speci- ‘‘(B) within 2 years after the date of such Fund’’. fied in subsection (b)(1), the Secretary shall first retail sale, such article is resold by the (C) Subsection (e) of section 9504 is amend- treat— purchaser or such purchaser makes a sub- ed by striking ‘‘Boat Safety Account and ‘‘(A) each expiring provision of subsection stantial nonexempt use of such article, Sport Fish Restoration Account’’ and insert- (b) which is related to appropriations or then such sale or use of such article by such ing ‘‘Sport Fish Restoration and Boating transfers to the Highway Trust Fund to have purchaser shall be treated as the first retail Trust Fund’’. been extended through the end of the 48- sale of such article for a price equal to its (D) Section 9504 is amended by striking month period referred to in paragraph (1)(B), fair market value at the time of such sale or ‘‘AQUATIC RESOURCES’’ in the heading and use. thereof and inserting ‘‘SPORT FISH RES- ‘‘(B) with respect to each tax imposed ‘‘(2) EXEMPT USE.—For purposes of this sub- TORATION AND BOATING’’. under the sections referred to in subsection section, the term ‘exempt use’ means any (E) The item relating to section 9504 in the (b)(1), the rate of such tax during the 48- use of an article described in section 4053(9) table of sections for subchapter A of chapter month period referred to in paragraph (1)(B) if the first retail sale of such article is not 98 is amended by striking ‘‘aquatic re- to be the same as the rate of such tax as in taxable under section 4051 by reason of such sources’’ and inserting ‘‘sport fish restora- effect on the date of such estimate.’’. use.’’. tion and boating’’. (c) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments (c) PHASEOUT OF BOAT SAFETY ACCOUNT.— made by this section shall take effect on the made by this section shall apply to sales Subsection (c) of section 9504 is amended to date of the enactment of this Act. after September 30, 2005. read as follows:

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‘‘(c) EXPENDITURES FROM BOAT SAFETY AC- amended by adding at the end the following a flight the sole purpose of which is sight- COUNT.—Amounts remaining in the Boat new flush sentence: seeing.’’. Safety Account on October 1, 2005, and ‘‘In the case of an aerial applicator, gasoline (b) EFFECTIVE DATE.—The amendment amounts thereafter credited to the Account shall be treated as used on a farm for farm- made by this section shall apply with respect under section 9602(b), shall be available, ing purposes if the gasoline is used for the di- to transportation beginning after September without further appropriation, for making rect flight between the airfield and 1 or more 30, 2005, but shall not apply to any amount expenditures before October 1, 2010, to carry farms.’’. paid before such date for such transpor- out the purposes of section 15 of the Dingell- (c) EXEMPTION FROM TAX ON AIR TRANSPOR- tation. Johnson Sport Fish Restoration Act (as in TATION OF PERSONS FOR FORESTRY PURPOSES PART IV—TAXES RELATING TO ALCOHOL effect on the date of the enactment of the EXTENDED TO FIXED-WING AIRCRAFT.—Sub- SEC. 5231. REPEAL OF SPECIAL OCCUPATIONAL Safe, Accountable, Flexible, and Efficient section (f) of section 4261 (relating to tax on Transportation Equity Act of 2005). For pur- TAXES ON PRODUCERS AND MAR- air transportation of persons) is amended to KETERS OF ALCOHOLIC BEVERAGES. poses of section 9602, the Boat Safety Ac- read as follows: (a) REPEAL OF OCCUPATIONAL TAXES.— count shall be treated as a Trust Fund estab- ‘‘(f) EXEMPTION FOR CERTAIN USES.—No tax (1) IN GENERAL.—The following provisions lished by this subchapter.’’. shall be imposed under subsection (a) or (b) of part II of subchapter A of chapter 51 (re- (d) EFFECTIVE DATE.—The amendments on air transportation— lating to occupational taxes) are hereby re- made by this section shall take effect on Oc- ‘‘(1) by helicopter for the purpose of trans- pealed: tober 1, 2005. porting individuals, equipment, or supplies (A) Subpart A (relating to proprietors of SEC. 5212. REPEAL OF HARBOR MAINTENANCE in the exploration for, or the development or distilled spirits plants, bonded wine cellars, TAX ON EXPORTS. removal of, hard minerals, oil, or gas, or etc.). (a) IN GENERAL.—Subsection (d) of section ‘‘(2) by helicopter or by fixed-wing aircraft (B) Subpart B (relating to brewer). 4462 (relating to definitions and special rules) for the purpose of the planting, cultivation, (C) Subpart D (relating to wholesale deal- is amended to read as follows: cutting, or transportation of, or caring for, ers) (other than sections 5114 and 5116). ‘‘(d) NONAPPLICABILITY OF TAX TO EX- trees (including logging operations), (D) Subpart E (relating to retail dealers) PORTS.—The tax imposed by section 4461(a) but only if the helicopter or fixed-wing air- (other than section 5124). shall not apply to any port use with respect craft does not take off from, or land at, a fa- (E) Subpart G (relating to general provi- to any commercial cargo to be exported from cility eligible for assistance under the Air- sions) (other than sections 5142, 5143, 5145, the United States.’’. port and Airway Development Act of 1970, or and 5146). (b) CONFORMING AMENDMENTS.— otherwise use services provided pursuant to (2) NONBEVERAGE DOMESTIC DRAWBACK.— (1) Section 4461(c)(1) is amended by adding section 44509 or 44913(b) or subchapter I of Section 5131 is amended by striking ‘‘, on ‘‘or’’ at the end of subparagraph (A), by chapter 471 of title 49, United States Code, payment of a special tax per annum,’’. striking subparagraph (B), and by redesig- during such use. In the case of helicopter (3) INDUSTRIAL USE OF DISTILLED SPIRITS.— nating subparagraph (C) as subparagraph (B). transportation described in paragraph (1), Section 5276 is hereby repealed. (2) Section 4461(c)(2) is amended by strik- this subsection shall be applied by treating (b) CONFORMING AMENDMENTS.— ing ‘‘imposed—’’ and all that follows through each flight segment as a distinct flight.’’. (1)(A) The heading for part II of subchapter ‘‘in any other case,’’ and inserting ‘‘im- (d) EFFECTIVE DATE.—The amendments A of chapter 51 and the table of subparts for posed’’. made by this section shall apply to fuel use such part are amended to read as follows: (c) EFFECTIVE DATE.—The amendments or air transportation after September 30, made by this section shall take effect before, 2005. ‘‘PART II—MISCELLANEOUS PROVISIONS on, and after the date of the enactment of SEC. 5222. MODIFICATION OF RURAL AIRPORT ‘‘Subpart A. Manufacturers of stills. this Act. DEFINITION. ‘‘Subpart B. Nonbeverage domestic draw- SEC. 5213. CAP ON EXCISE TAX ON CERTAIN FISH- (a) IN GENERAL.—Section 4261(e)(1)(B) (de- back claimants. ING EQUIPMENT. fining rural airport) is amended— ‘‘Subpart C. Recordkeeping and registra- (a) IN GENERAL.—Paragraph (1) of section (1) by inserting ‘‘(in the case of any airport tion by dealers. 4161(a) (relating to sport fishing equipment) described in clause (ii)(III), on flight seg- ‘‘Subpart D. Other provisions.’’. is amended to read as follows: ments of at least 100 miles)’’ after ‘‘by air’’ (B) The table of parts for such subchapter ‘‘(1) IMPOSITION OF TAX.— in clause (i), and A is amended by striking the item relating ‘‘(A) IN GENERAL.—There is hereby imposed (2) by striking ‘‘or’’ at the end of subclause to part II and inserting the following new on the sale of any article of sport fishing (I) of clause (ii), by striking the period at the item: equipment by the manufacturer, producer, or end of subclause (II) of clause (ii) and insert- ‘‘Part II. Miscellaneous provisions.’’. importer a tax equal to 10 percent of the ing ‘‘, or’’, and by adding at the end of clause (2) Subpart C of part II of such subchapter price for which so sold. (ii) the following new subclause: (relating to manufacturers of stills) is redes- ‘‘(B) LIMITATION ON TAX IMPOSED ON FISHING ‘‘(III) is not connected by paved roads to ignated as subpart A. RODS AND POLES.—The tax imposed by sub- another airport.’’. (3)(A) Subpart F of such part II (relating to paragraph (A) on any fishing rod or pole (b) EFFECTIVE DATE.—The amendments nonbeverage domestic drawback claimants) shall not exceed $10.’’. made by this section shall take effect on Oc- is redesignated as subpart B and sections (b) CONFORMING AMENDMENTS.—Section tober 1, 2005. 5131 through 5134 are redesignated as sec- 4161(a)(2) is amended by striking ‘‘paragraph SEC. 5223. EXEMPTION FROM TAXES ON TRANS- tions 5111 through 5114, respectively. (1)’’ both places it appears and inserting PORTATION PROVIDED BY SEA- (B) The table of sections for such subpart ‘‘paragraph (1)(A)’’. PLANES. B, as so redesignated, is amended— (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Section 4261 (relating to (i) by redesignating the items relating to made by this section shall apply to articles imposition of tax) is amended by redesig- sections 5131 through 5134 as relating to sec- sold by the manufacturer, producer, or im- nating subsection (i) as subsection (j) and by tions 5111 through 5114, respectively, and porter after September 30, 2005. inserting after subsection (h) the following (ii) by striking ‘‘and rate of tax’’ in the PART III—AERIAL EXCISE TAXES new subsection: item relating to section 5111, as so redesig- ‘‘(i) EXEMPTION FOR SEAPLANES.—No tax SEC. 5221. CLARIFICATION OF EXCISE TAX EX- nated. EMPTIONS FOR AGRICULTURAL shall be imposed by this section or section (C) Section 5111, as redesignated by sub- AERIAL APPLICATORS AND EXEMP- 4271 on any air transportation by a seaplane paragraph (A), is amended— TION FOR FIXED-WING AIRCRAFT with respect to any segment consisting of a (i) by striking ‘‘AND RATE OF TAX’’ in the ENGAGED IN FORESTRY OPER- takeoff from, and a landing on, water, but section heading, ATIONS. only if the places at which such takeoff and (ii) by striking the subsection heading for (a) NO WAIVER BY FARM OWNER, TENANT, OR landing occur have not received and are not subsection (a), and OPERATOR NECESSARY.—Subparagraph (B) of receiving financial assistance from the Air- (iii) by striking subsection (b). section 6420(c)(4) (relating to certain farming port and Airways Trust Fund.’’. (4) Part II of subchapter A of chapter 51 is use other than by owner, etc.) is amended to (b) EFFECTIVE DATE.—The amendments amended by adding after subpart B, as redes- read as follows: made by this section shall apply to transpor- ignated by paragraph (3), the following new ‘‘(B) if the person so using the gasoline is tation beginning after September 30, 2005. subpart: an aerial or other applicator of fertilizers or SEC. 5224. CERTAIN SIGHTSEEING FLIGHTS EX- ‘‘Subpart C—Recordkeeping and Registration other substances and is the ultimate pur- EMPT FROM TAXES ON AIR TRANS- chaser of the gasoline, then subparagraph (A) PORTATION. by Dealers of this paragraph shall not apply and the (a) IN GENERAL.—Section 4281 (relating to ‘‘Sec. 5121. Recordkeeping by wholesale aerial or other applicator shall be treated as small aircraft on nonestablished lines) is dealers. having used such gasoline on a farm for amended by adding at the end the following ‘‘Sec. 5122. Recordkeeping by retail dealers. farming purposes.’’. new sentence: ‘‘For purposes of this section, ‘‘Sec. 5123. Preservation and inspection of (b) EXEMPTION INCLUDES FUEL USED BE- an aircraft shall not be considered as oper- records, and entry of premises TWEEN AIRFIELD AND FARM.—Section ated on an established line at any time dur- for inspection. 6420(c)(4), as amended by subsection (a), is ing which such aircraft is being operated on ‘‘Sec. 5124. Registration by dealers.’’.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4716 CONGRESSIONAL RECORD — SENATE May 9, 2005 (5)(A) Section 5114 (relating to records) is serted after section 5122, and redesignated as (18) Section 5671 is amended by striking moved to subpart C of such part II and in- section 5123. ‘‘or 5091’’. serted after the table of sections for such (8) Subpart C of part II of subchapter A of (19)(A) Part V of subchapter J of chapter 51 subpart. chapter 51, as amended by paragraph (7), is is hereby repealed. (B) Section 5114 is amended— amended by adding at the end the following (B) The table of parts for such subchapter (i) by striking the section heading and in- new section: J is amended by striking the item relating to serting the following new heading: ‘‘SEC. 5124. REGISTRATION BY DEALERS. part V. ‘‘SEC. 5121. RECORDKEEPING BY WHOLESALE ‘‘Every dealer who is subject to the record- (20)(A) Sections 5142, 5143, and 5145 are DEALERS.’’, keeping requirements under section 5121 or moved to subchapter D of chapter 52, in- and 5122 shall register with the Secretary such serted after section 5731, redesignated as sec- (ii) by redesignating subsection (c) as sub- dealer’s name or style, place of residence, tions 5732, 5733, and 5734, respectively, and section (d) and by inserting after subsection trade or business, and the place where such amended by striking ‘‘this part’’ each place (b) the following new subsection: trade or business is to be carried on. In case it appears and inserting ‘‘this subchapter’’. ‘‘(c) WHOLESALE DEALERS.—For purposes of of a firm or company, the names of the sev- (B) Section 5732, as redesignated by sub- this part— eral persons constituting the same, and the paragraph (A), is amended by striking ‘‘(ex- ‘‘(1) WHOLESALE DEALER IN LIQUORS.—The places of residence, shall be so registered.’’. cept the tax imposed by section 5131)’’ each term ‘wholesale dealer in liquors’ means any (9) Section 7012 is amended by redesig- place it appears. dealer (other than a wholesale dealer in beer) nating paragraphs (4) and (5) as paragraphs (C) Paragraph (2) of section 5733(c), as re- who sells, or offers for sale, distilled spirits, (5) and (6), respectively, and by inserting designated by subparagraph (A), is amended wines, or beer, to another dealer. after paragraph (3) the following new para- by striking ‘‘liquors’’ both places it appears ‘‘(2) WHOLESALE DEALER IN BEER.—The term graph: and inserting ‘‘tobacco products and ciga- ‘wholesale dealer in beer’ means any dealer ‘‘(4) For provisions relating to registration rette papers and tubes’’. who sells, or offers for sale, beer, but not dis- by dealers in distilled spirits, wines, and (D) The table of sections for subchapter D tilled spirits or wines, to another dealer. beer, see section 5124.’’. of chapter 52 is amended by adding at the ‘‘(3) DEALER.—The term ‘dealer’ means any (10) Part II of subchapter A of chapter 51 is end the following: person who sells, or offers for sale, any dis- amended by inserting after subpart C the fol- ‘‘Sec. 5732. Payment of tax. tilled spirits, wines, or beer. lowing new subpart: ‘‘Sec. 5733. Provisions relating to liability ‘‘(4) PRESUMPTION IN CASE OF SALE OF 20 ‘‘Subpart D—Other Provisions for occupational taxes. WINE GALLONS OR MORE.—The sale, or offer ‘‘Sec. 5131. Packaging distilled spirits for in- ‘‘Sec. 5734. Application of State laws.’’. for sale, of distilled spirits, wines, or beer, in (E) Section 5731 is amended by striking quantities of 20 wine gallons or more to the dustrial uses. ‘‘Sec. 5132. Prohibited purchases by deal- subsection (c) and by redesignating sub- same person at the same time, shall be pre- ers.’’. section (d) as subsection (c). sumptive evidence that the person making (11) Section 5116 is moved to subpart D of (21) Subsection (c) of section 6071 is amend- such sale, or offer for sale, is engaged in or part II of subchapter A of chapter 51, in- ed by striking ‘‘section 5142’’ and inserting carrying on the business of a wholesale deal- serted after the table of sections, redesig- ‘‘section 5732’’. er in liquors or a wholesale dealer in beer, as (22) Paragraph (1) of section 7652(g) is the case may be. Such presumption may be nated as section 5131, and amended by insert- amended— overcome by evidence satisfactorily showing ing ‘‘(as defined in section 5121(c))’’ after (A) by striking ‘‘subpart F’’ and inserting that such sale, or offer for sale, was made to ‘‘dealer’’ in subsection (a). ‘‘subpart B’’, and a person other than a dealer.’’. (12) Subpart D of part II of subchapter A of (B) by striking ‘‘section 5131(a)’’ and in- (C) Paragraph (3) of section 5121(d), as so chapter 51 is amended by adding at the end serting ‘‘section 5111’’. redesignated, is amended by striking ‘‘sec- the following new section: ‘‘SEC. 5132. PROHIBITED PURCHASES BY DEAL- (c) EFFECTIVE DATE.—The amendments tion 5146’’ and inserting ‘‘section 5123’’. made by this section shall take effect on (6)(A) Section 5124 (relating to records) is ERS. ‘‘(a) IN GENERAL.—Except as provided in July 1, 2008, but shall not apply to taxes im- moved to subpart C of part II of subchapter posed for periods before such date. A of chapter 51 and inserted after section regulations prescribed by the Secretary, it shall be unlawful for a dealer to purchase SEC. 5232. MODIFICATION OF LIMITATION ON 5121. distilled spirits for resale from any person RATE OF RUM EXCISE TAX COVER (B) Section 5124 is amended— other than a wholesale dealer in liquors who OVER TO PUERTO RICO AND VIRGIN (i) by striking the section heading and in- is required to keep the records prescribed by ISLANDS. serting the following new heading: section 5121. (a) IN GENERAL.—Section 7652(f)(1) (relat- ‘‘SEC. 5122. RECORDKEEPING BY RETAIL DEAL- ‘‘(b) LIMITED RETAIL DEALERS.—A limited ing to limitation on cover over of tax on dis- ERS.’’, retail dealer may lawfully purchase distilled tilled spirits) is amended by inserting ‘‘, and (ii) by striking ‘‘section 5146’’ in subsection spirits for resale from a retail dealer in liq- $13.50 in the case of distilled spirits brought (c) and inserting ‘‘section 5123’’, and uors. into the United States after December 31, (iii) by redesignating subsection (c) as sub- ‘‘(c) PENALTY AND FORFEITURE.— 2005, and before January 1, 2007’’ after ‘‘2006’’. (b) SPECIAL RULE.— section (d) and inserting after subsection (b) ‘‘For penalty and forfeiture provisions appli- (1) IN GENERAL.—After December 31, 2005, the following new subsection: cable to violations of sub- ‘‘(c) RETAIL DEALERS.—For purposes of this and before January 1, 2007, the Common- section (a), see sections 5687 section— wealth of Puerto Rico shall make a Con- and 7302.’’. ‘‘(1) RETAIL DEALER IN LIQUORS.—The term servation Trust Fund transfer from the ‘retail dealer in liquors’ means any dealer (13) Subsection (b) of section 5002 is amend- treasury of Puerto Rico within 30 days from (other than a retail dealer in beer or a lim- ed— the date of each cover overpayment to such ited retail dealer) who sells, or offers for (A) by striking ‘‘section 5112(a)’’ and in- treasury under section 7652(e) of the Internal sale, distilled spirits, wines, or beer, to any serting ‘‘section 5121(c)(3)’’, Revenue Code of 1986. person other than a dealer. (B) by striking ‘‘section 5112’’ and inserting (2) CONSERVATION TRUST FUND TRANSFER.— ‘‘(2) RETAIL DEALER IN BEER.—The term ‘re- ‘‘section 5121(c)’’, (A) IN GENERAL.—For purposes of this sub- tail dealer in beer’ means any dealer (other (C) by striking ‘‘section 5122’’ and inserting section, the term ‘‘Conservation Trust Fund than a limited retail dealer) who sells, or of- ‘‘section 5122(c)’’. transfer’’ means a transfer to the Puerto fers for sale, beer, but not distilled spirits or (14) Subparagraph (A) of section 5010(c)(2) Rico Conservation Trust Fund of an amount wines, to any person other than a dealer. is amended by striking ‘‘section 5134’’ and in- equal to 50 cents per proof gallon of the taxes ‘‘(3) LIMITED RETAIL DEALER.—The term serting ‘‘section 5114’’. imposed under section 5001 or section 7652 of ‘limited retail dealer’ means any fraternal, (15) Subsection (d) of section 5052 is amend- such Code on distilled spirits that are cov- civic, church, labor, charitable, benevolent, ed to read as follows: ered over to the treasury of Puerto Rico or ex-servicemen’s organization making ‘‘(d) BREWER.—For purposes of this chap- under section 7652(e) of such Code. sales of distilled spirits, wine or beer on the ter, the term ‘brewer’ means any person who (B) TREATMENT OF TRANSFER.—Each Con- occasion of any kind of entertainment, brews beer or produces beer for sale. Such servation Trust Fund transfer shall be treat- dance, picnic, bazaar, or festival held by it, term shall not include any person who pro- ed as principal for an endowment, the in- or any person making sales of distilled spir- duces only beer exempt from tax under sec- come from which to be available for use by its, wine or beer to the members, guests, or tion 5053(e).’’. the Puerto Rico Conservation Trust Fund for patrons of bona fide fairs, reunions, picnics, (16) The text of section 5182 is amended to the purposes for which the Trust Fund was carnivals, or other similar outings, if such read as follows: established. organization or person is not otherwise en- ‘‘For provisions requiring recordkeeping (C) RESULT OF NONTRANSFER.— gaged in business as a dealer. by wholesale liquor dealers, see (i) IN GENERAL.—Upon notification by the ‘‘(4) DEALER.—The term ‘dealer’ has the section 5112, and by retail liq- Secretary of the Interior that a Conservation meaning given such term by section uor dealers, see section 5122.’’. Trust Fund transfer has not been made by 5121(c)(3).’’. (17) Subsection (b) of section 5402 is amend- the Commonwealth of Puerto Rico, the Sec- (7) Section 5146 is moved to subpart C of ed by striking ‘‘section 5092’’ and inserting retary of the Treasury shall, except as pro- part II of subchapter A of chapter 51, in- ‘‘section 5052(d)’’. vided in clause (ii), deduct and withhold

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from the next cover overpayment to be made out regard to the last sentence of such para- ‘‘(c) SMALL MANUFACTURERS, ETC.— to the treasury of Puerto Rico under section graph) for calendar quarters of such year. ‘‘(1) IN GENERAL.—The tax imposed by sec- 7652(e) of such Code an amount equal to the ‘‘(3) DEEMED FEDERAL EXCISE TAX PER tion 4181 shall not apply to any pistol, re- appropriate Conservation Trust Fund trans- CASE.—For purposes of paragraph (1), the volver, or firearm described in such section fer and interest thereon at the under- deemed Federal excise tax per case is $25.68. if manufactured, produced, or imported by a payment rate established under section 6621 ‘‘(d) OTHER DEFINITIONS AND SPECIAL person who manufactures, produces, and im- of such Code as of the due date of such trans- RULES.—For purposes of this section— ports less than an aggregate of 50 of such ar- fer. The Secretary of the Treasury shall ‘‘(1) CASE.—The term ‘case’ means 12 80- ticles during the calendar year. transfer such amount deducted and withheld, proof 750-milliliter bottles. ‘‘(2) CONTROLLED GROUPS.—All persons and the interest thereon, directly to the ‘‘(2) NUMBER OF CASES IN LOT.—The number treated as a single employer for purposes of Puerto Rico Conservation Trust Fund. of cases in any lot of distilled spirits shall be subsection (a) or (b) of section 52 shall be (ii) GOOD-CAUSE EXCEPTION.—If the Sec- determined by dividing the number of liters treated as one person for purposes of para- retary of the Interior finds, after consulta- in such lot by 9.’’. graph (1).’’. tion with the Governor of Puerto Rico, that (b) CREDIT TREATED AS PART OF GENERAL (b) EFFECTIVE DATE.— the failure by the Commonwealth of Puerto BUSINESS CREDIT.—Section 38(b) (relating to (1) IN GENERAL.—The amendments made by Rico to make a required transfer was for current year business credit) is amended by this section shall apply to articles sold by good cause, and notifies the Secretary of the striking ‘‘plus’’ at the end of paragraph (18), the manufacturer, producer, or importer Treasury of the finding of such good cause by striking the period at the end of para- after September 30, 2005. before the due date of the next cover over- graph (19), and inserting ‘‘, plus’’, and by (2) NO INFERENCE.—Nothing in the amend- payment following the notification of non- adding at the end the following new para- ments made by this section shall be con- transfer, then the Secretary of the Treasury graph: strued to create any inference with respect shall not deduct the amount of such non- ‘‘(20) the distilled spirits credit determined to the proper tax treatment of any sales be- transfer from any cover overpayment. under section 5011(a).’’. fore the effective date of such amendments. (c) CONFORMING AMENDMENT.—The table of (3) PUERTO RICO CONSERVATION TRUST sections for subpart A of part I of subchapter Subtitle C—Miscellaneous Provisions FUND.—For purposes of this subsection, the A of chapter 51 is amended by adding at the SEC. 5301. MOTOR FUEL TAX ENFORCEMENT AD- term ‘‘Puerto Rico Conservation Trust end the following new item: VISORY COMMISSION. Fund’’ means the fund established pursuant (a) ESTABLISHMENT.—There is established a to a Memorandum of Understanding between ‘‘Sec. 5011. Income tax credit for average cost of carrying excise tax.’’. Motor Fuel Tax Enforcement Advisory Com- the United States Department of the Interior mission (in this section referred to as the (d) EFFECTIVE DATE.—The amendments and the Commonwealth of Puerto Rico, ‘‘Commission’’). dated December 24, 1968. made by this section shall apply to taxable years beginning after September 30, 2005. (b) FUNCTION.—The Commission shall— SEC. 5233. INCOME TAX CREDIT FOR DISTILLED (1) review motor fuel revenue collections, SPIRITS WHOLESALERS AND FOR SEC. 5234. QUARTERLY EXCISE TAX FILING FOR SMALL ALCOHOL EXCISE TAX- historical and current; DISTILLED SPIRITS IN CONTROL (2) review the progress of investigations; STATE BAILMENT WAREHOUSES FOR PAYERS. COSTS OF CARRYING FEDERAL EX- (a) IN GENERAL.—Subsection (d) of section (3) develop and review legislative proposals CISE TAXES ON BOTTLED DISTILLED 5061 (relating to time for collecting tax on with respect to motor fuel taxes; SPIRITS. distilled spirits, wines, and beer) is amended (4) monitor the progress of administrative (a) IN GENERAL.—Subpart A of part I of by redesignating paragraphs (4) and (5) as regulation projects relating to motor fuel subchapter A of chapter 51 (relating to paragraphs (5) and (6), respectively, and by taxes; gallonage and occupational taxes) is amend- inserting after paragraph (3) the following (5) review the results of Federal and State ed by adding at the end the following new new paragraph: agency cooperative efforts regarding motor section: ‘‘(4) TAXPAYERS LIABLE FOR TAXES OF NOT fuel taxes; ‘‘SEC. 5011. INCOME TAX CREDIT FOR AVERAGE MORE THAN $50,000.— (6) review the results of Federal inter- COST OF CARRYING EXCISE TAX. ‘‘(A) IN GENERAL.—In the case of any tax- agency cooperative efforts regarding motor ‘‘(a) IN GENERAL.—For purposes of section payer who reasonably expects to be liable for fuel taxes; and 38, the amount of the distilled spirits credit not more than $50,000 in taxes imposed with (7) evaluate and make recommendations to for any taxable year is the amount equal to respect to distilled spirits, wines, and beer the President and Congress regarding— the product of— under subparts A, C, and D for the calendar (A) the effectiveness of existing Federal ‘‘(1) in the case of— year and who was liable for not more than enforcement programs regarding motor fuel ‘‘(A) any eligible wholesaler, the number of $50,000 in such taxes in the preceding cal- taxes, cases of bottled distilled spirits— endar year, the last day for the payment of (B) enforcement personnel allocation, and ‘‘(i) which were bottled in the United tax shall be the 14th day after the last day of (C) proposals for regulatory projects, legis- States, and the calendar quarter during which the action lation, and funding. ‘‘(ii) which are purchased by such whole- giving rise to the imposition of such tax oc- (c) MEMBERSHIP.— saler during the taxable year directly from curs. (1) APPOINTMENT.—The Commission shall the bottler of such spirits, or ‘‘(B) NO APPLICATION AFTER LIMIT EXCEED- be composed of the following representatives ‘‘(B) any person which is subject to section ED.—Subparagraph (A) shall not apply to any appointed by the Chairmen and the Ranking 5005 and which is not an eligible wholesaler, taxpayer for any portion of the calendar year Members of the Committee on Finance of the the number of cases of bottled distilled spir- following the first date on which the aggre- Senate and the Committee on Ways and its which are stored in a warehouse operated gate amount of tax due under subparts A, C, Means of the House of Representatives: by, or on behalf of, a State or political sub- and D from such taxpayer during such cal- (A) At least 1 representative from each of division thereof, or an agency of either, on endar year exceeds $50,000, and any tax under the following Federal entities: the Depart- which title has not passed on an uncondi- such subparts which has not been paid on ment of Homeland Security, the Department tional sale basis, and such date shall be due on the 14th day after of Transportation—Office of Inspector Gen- ‘‘(2) the average tax-financing cost per case the last day of the semimonthly period in eral, the Federal Highway Administration, for the most recent calendar year ending be- which such date occurs. the Department of Defense, and the Depart- fore the beginning of such taxable year. ‘‘(C) CALENDAR QUARTER.—For purposes of ment of Justice. ‘‘(b) ELIGIBLE WHOLESALER.—For purposes this paragraph, the term ‘calendar quarter’ (B) At least 1 representative from the Fed- of this section, the term ‘eligible wholesaler’ means the three-month period ending on eration of State Tax Administrators. means any person which holds a permit March 31, June 30, September 30, or Decem- (C) At least 1 representative from any under the Federal Alcohol Administration ber 31.’’. State department of transportation. Act as a wholesaler of distilled spirits which (b) CONFORMING AMENDMENT.—Section (D) 2 representatives from the highway is not a State or political subdivision there- 5061(d)(6), as redesignated by subsection (a), construction industry. of, or an agency of either. is amended by striking ‘‘paragraph (4)’’ and (E) 6 representatives from industries relat- ‘‘(c) AVERAGE TAX-FINANCING COST.— inserting ‘‘paragraph (5)’’. ing to fuel distribution — refiners (2 rep- ‘‘(1) IN GENERAL.—For purposes of this sec- (c) EFFECTIVE DATE.—The amendments resentatives), distributors (1 representative), tion, the average tax-financing cost per case made by this section shall apply with respect pipelines (1 representative), and terminal op- for any calendar year is the amount of inter- to quarterly periods beginning on and after erators (2 representatives). est which would accrue at the deemed fi- January 1, 2006. (F) 1 representative from the retail fuel in- nancing rate during a 60-day period on an PART V—SPORT EXCISE TAXES dustry. amount equal to the deemed Federal excise SEC. 5241. CUSTOM GUNSMITHS. (G) 2 representatives from the staff of the tax per case. (a) SMALL MANUFACTURERS EXEMPT FROM Committee on Finance of the Senate and 2 ‘‘(2) DEEMED FINANCING RATE.—For pur- FIREARMS EXCISE TAX.—Section 4182 (relat- representatives from the staff of the Com- poses of paragraph (1), the deemed financing ing to exemptions) is amended by redesig- mittee on Ways and Means of the House of rate for any calendar year is the average of nating subsection (c) as subsection (d) and by Representatives. the corporate overpayment rates under para- inserting after subsection (b) the following (2) TERMS.—Members shall be appointed for graph (1) of section 6621(a) (determined with- new subsection: the life of the Commission.

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(3) VACANCIES.—A vacancy in the Commis- cient to meet highway and transit needs. nonconfidential information to the Commis- sion shall be filled in the manner in which Such recommendations shall address, among sion. The Commission shall also gather evi- the original appointment was made. other matters as the Commission may deem dence through such means as it may deem (4) TRAVEL EXPENSES.—Members shall appropriate— appropriate, including through holding hear- serve without pay but shall receive travel ex- (A) what levels of revenue are required by ings and soliciting comments by means of penses, including per diem in lieu of subsist- the Federal Highway Trust Fund in order for Federal Register notices. ence, in accordance with sections 5702 and it to meet needs to maintain and improve (h) REPORT.—Not later than 2 years after 5703 of title 5, United States Code. the condition and performance of the Na- the date of its first meeting, the Commission (5) CHAIRMAN.—The Chairman of the Com- tion’s highway and transit systems; shall transmit its final report, including rec- mission shall be elected by the members. (B) what levels of revenue are required by ommendations, to the Secretary of Transpor- (d) FUNDING.—Such sums as are necessary the Federal Highway Trust Fund in order to tation, the Secretary of the Treasury, and shall be available from the Highway Trust ensure that Federal levels of investment in the Committee on Ways and Means of the fund for the expenses of the Commission. highways and transit do not decline in real House of Representatives, the Committee on (e) CONSULTATION.—Upon request of the terms; and Finance of the Senate, the Committee on Commission, representatives of the Depart- (C) the extent, if any, to which the High- Transportation and Infrastructure of the ment of the Treasury and the Internal Rev- way Trust Fund should be augmented by House of Representatives, the Committee on enue Service shall be available for consulta- other mechanisms or funds as a Federal Environment and Public Works of the Sen- tion to assist the Commission in carrying means of financing highway and transit in- ate, and the Committee on Banking, Hous- out its duties under this section. frastructure investments. ing, and Urban Affairs of the Senate. (f) OBTAINING DATA.—The Commission may (c) MEMBERSHIP.— (i) TERMINATION.—The Commission shall secure directly from any department or (1) APPOINTMENT.—The Commission shall terminate on the 180th day following the agency of the United States, information be composed of 15 members, appointed as fol- date of transmittal of the report under sub- (other than information required by any law lows: section (h). All records and papers of the to be kept confidential by such department (A) 7 members appointed by the Secretary Commission shall thereupon be delivered to or agency) necessary for the Commission to of Transportation, in consultation with the the Administrator of General Services for de- carry out its duties under this section. Upon Secretary of the Treasury. posit in the National Archives. request of the Commission, the head of that (B) 2 members appointed by the Chairman SEC. 5303. EXPANSION OF HIGHWAY TRUST FUND EXPENDITURE PURPOSES TO IN- department or agency shall furnish such of the Committee on Ways and Means of the nonconfidential information to the Commis- CLUDE FUNDING FOR STUDIES OF House of Representatives. SUPPLEMENTAL OR ALTERNATIVE sion. The Commission shall also gather evi- (C) 2 members appointed by the Ranking FINANCING FOR THE HIGHWAY dence through such means as it may deem Minority Member of the Committee on Ways TRUST FUND. appropriate, including through holding hear- and Means of the House of Representatives. (a) IN GENERAL.—From amounts available ings and soliciting comments by means of (D) 2 members appointed by the Chairman in the Highway Trust Fund, there is author- Federal Register notices. of the Committee on Finance of the Senate. ized to be expended for 2 comprehensive stud- (g) TERMINATION.—The Commission shall (E) 2 members appointed by the Ranking ies of supplemental or alternative funding terminate as of the close of September 30, Minority Member of the Committee on Fi- sources for the Highway Trust Fund— 2009. nance of the Senate. (1) $1,000,000 to the Western Transportation SEC. 5302. NATIONAL SURFACE TRANSPOR- (2) QUALIFICATIONS.—Members appointed Institute of the College of Engineering at TATION INFRASTRUCTURE FINANC- pursuant to paragraph (1) shall be appointed Montana State University for the study and ING COMMISSION. from among individuals knowledgeable in report described in subsection (b), and (a) ESTABLISHMENT.—There is established a the fields of public transportation finance or (2) $16,500,000 to the Public Policy Center of National Surface Transportation Infrastruc- highway and transit programs, policy, and the University of Iowa for the study and re- ture Financing Commission (in this section needs, and may include representatives of in- port described in subsection (c). referred to as the ‘‘Commission’’). The Com- terested parties, such as State and local gov- (b) STUDY OF FUNDING MECHANISMS.—Not mission shall hold its first meeting within 90 ernments or other public transportation au- later than December 31, 2006, the Western days of the appointment of the eighth indi- thorities or agencies, representatives of the Transportation Institute of the College of vidual to be named to the Commission. Engineering at Montana State University (b) FUNCTION.— transportation construction industry (in- shall report to the Secretary of the Treasury (1) IN GENERAL.—The Commission shall, cluding suppliers of technology, machinery and materials), transportation labor (includ- and the Secretary of Transportation on a with respect to the period beginning on the study of highway funding mechanisms of date of the enactment of this Act and ending ing construction and providers), transportation providers, the financial community, other industrialized nations, an examination before 2016— of the viability of alternative funding pro- (A) make a thorough investigation and and users of highway and transit systems. (3) TERMS.—Members shall be appointed for posals, including congestion pricing, greater study of revenues flowing into the Highway reliance on tolls, privatization of facilities, Trust Fund under current law, including the the life of the Commission. (4) VACANCIES.—A vacancy in the Commis- and bonding for construction of added capac- individual components of the overall flow of ity, and an examination of increasing the such revenues; sion shall be filled in the manner in which the original appointment was made. rates of motor fuels taxes in effect on the (B) consider whether the amount of such date of the enactment of this Act, including revenues is likely to increase, decline, or re- (5) TRAVEL EXPENSES.—Members shall serve without pay but shall receive travel ex- the indexation of such rates. main unchanged, absent changes in the law, TUDY ON FIELD TEST OF ONBOARD COM- penses, including per diem in lieu of subsist- (c) S particularly by taking into account the im- PUTER ASSESSMENT OF HIGHWAY USE TAXES.— ence, in accordance with sections 5702 and pact of possible changes in public vehicular Not later than December 31, 2011, the Public 5703 of title 5, United States Code. choice, fuel use, or travel alternatives that Policy Center of the University of Iowa shall (6) CHAIRMAN.—The Chairman of the Com- could be expected to reduce or increase reve- direct, analyze, and report to the Secretary mission shall be elected by the members. nues into the Highway Trust Fund; of the Treasury and the Secretary of Trans- (d) STAFF.—The Commission may appoint (C) consider alternative approaches to gen- and fix the pay of such personnel as it con- portation on a long-term field test of an ap- erating revenues for the Highway Trust siders appropriate. proach to assessing highway use taxes based Fund, and the level of revenues that such al- (e) FUNDING.—Funding for the Commission upon actual mileage driven by a specific ve- ternatives would yield; shall be provided by the Secretary of the hicle on specific types of highways by use of (D) consider highway and transit needs and Treasury and by the Secretary of Transpor- an onboard computer— whether additional revenues into the High- tation, out of funds available to those agen- (1) which is linked to satellites to cal- way Trust Fund, or other Federal revenues cies for administrative and policy functions. culate highway mileage traversed, dedicated to highway and transit infrastruc- (f) STAFF OF FEDERAL AGENCIES.—Upon re- (2) which computes the appropriate high- ture, would be required in order to meet such quest of the Commission, the head of any de- way use tax for each of the Federal, State, needs; and partment or agency of the United States and local governments as the vehicle makes (E) study such other matters closely re- may detail any of the personnel of that de- use of the highways, and lated to the subjects described in the pre- partment or agency to the Commission to as- (3) the data from which is periodically ceding subparagraphs as it may deem appro- sist in carrying out its duties under this sec- downloaded by the vehicle owner to a collec- priate. tion. tion center for an assessment of highway use (2) PREPARATION OF REPORT.—Based on (g) OBTAINING DATA.—The Commission may taxes due in each jurisdiction traversed. The such investigation and study, the Commis- secure directly from any department or components of the field test shall include 2 sion shall develop a final report, with rec- agency of the United States, information years for preparation, including selection of ommendations and the bases for those rec- (other than information required by any law vendors and test participants, and 3-year ommendations, indicating policies that to be kept confidential by such department testing period. should be adopted, or not adopted, to achieve or agency) necessary for the Commission to SEC. 5304. DELTA REGIONAL TRANSPORTATION various levels of annual revenue for the carry out its duties under this section. Upon PLAN. Highway Trust Fund and to enable the High- request of the Commission, the head of that (a) STUDY.—The Delta Regional Authority way Trust Fund to receive revenues suffi- department or agency shall furnish such shall conduct a study of the transportation

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(A) estimate the amount of taxable fuel quired under subsection (a), the Delta Re- (5) ADDITIONAL REQUIREMENTS FOR QUALI- consumed by trucks and the emissions of gional Authority shall establish a regional FIED PROJECTS.—For purposes of paragraph various pollutants due to the long-term strategic transportation plan to achieve effi- (1)— idling of diesel engines, and cient transportation systems in the Delta re- (A) COSTS OF QUALIFIED PROJECTS.—The re- (B) determine the cost of reducing such gion. In developing the regional strategic quirement of this subparagraph is met if the long-term idling through the use of plug-ins transportation plan, the Delta Regional Au- costs of the qualified project funded by Build at truck stops, auxiliary power units, or thority shall consult with local planning and America bonds only relate to capital invest- other technologies. development districts, local and regional ments and do not include any costs relating (b) REPORT.—Not later than January 1, governments, metropolitan planning organi- to operations, maintenance, or rolling stock. 2007, the Secretary of the Treasury shall re- zations, State transportation entities, and (B) APPLICABILITY OF FEDERAL LAW.—The port the findings of the study required under Federal transportation agencies. requirement of this subparagraph is met if subsection (a) to the Committee on Finance (c) ELEMENTS OF STUDY AND PLAN.—The the requirements of any Federal law, includ- of the Senate and the Committee on Ways study and plan under this section shall ining titles 23, 40, and 49 of the United States and Means of the House of Representatives. clude the following transportation modes Code, which would otherwise apply to SEC. 5308. TAX-EXEMPT FINANCING OF HIGHWAY and systems: transit, rail, highway, inter- projects to which the United States is a PROJECTS AND RAIL-TRUCK TRANS- state, bridges, air, airports, waterways, and party or to funds made available under such FER FACILITIES. ports. law and projects assisted with those funds (a) TREATMENT AS EXEMPT FACILITY BOND.—Subsection (a) of section 142 (relating (d) AUTHORIZATION OF APPROPRIATIONS.— are applied to— to exempt facility bond) is amended by strik- There is authorized to be appropriated to the (i) funds made available under Build Amer- ing ‘‘or’’ at the end of paragraph (13), by Delta Regional Authority $500,000 for each of ica bonds for similar qualified projects, and striking the period at the end of paragraph the fiscal years 2005 and 2006 to carry out the (ii) similar qualified projects assisted by (14), and by adding at the end the following: purposes of this section, to remain available the Build America Corporation through the ‘‘(15) qualified highway facilities, or until expended. use of such funds. (C) UTILIZATION OF UPDATED CONSTRUCTION ‘‘(16) qualified surface freight transfer fa- SEC. 5305. BUILD AMERICA CORPORATION. TECHNOLOGY FOR QUALIFIED PROJECTS.—The cilities.’’. (a) ESTABLISHMENT OF BUILD AMERICA COR- requirement of this subparagraph is met if (b) QUALIFIED HIGHWAY FACILITIES AND PORATION.—There is established a nonprofit the appropriate State agency relating to the QUALIFIED SURFACE FREIGHT TRANSFER FA- corporation, to be known as the ‘‘Build qualified project has updated its accepted CILITIES.—Section 142 is amended by adding America Corporation’’. The Build America construction technologies to match a list at the end the following: Corporation is not an agency or establish- prescribed by the Secretary of Transpor- ‘‘(m) QUALIFIED HIGHWAY AND SURFACE ment of the United States Government. The tation and in effect on the date of the ap- FREIGHT TRANSFER FACILITIES.— purpose of the Corporation is to issue Build proval of the project as a qualified project. ‘‘(1) QUALIFIED HIGHWAY FACILITIES.—For America bonds. The Corporation shall be SEC. 5306. INCREASE IN DOLLAR LIMITATION purposes of subsection (a)(15), the term subject, to the extent consistent with this FOR QUALIFIED TRANSPORTATION ‘qualified highway facilities’ means— section, to the laws of the State of Delaware FRINGE BENEFITS. ‘‘(A) any surface transportation project applicable to corporations not for profit. (a) IN GENERAL.—Section 132(f)(2) (relating which receives Federal assistance under title (b) USE OF BUILD AMERICA BOND PRO- to limitation on exclusion) is amended— 23, United States Code (as in effect on the CEEDS.—The proceeds from the sale of any (1) by striking ‘‘$100’’ in subparagraph (A) date of the enactment of this subsection), or Build America bonds issued by the Build and inserting ‘‘$155’’, and ‘‘(B) any project for an international America Corporation as authorized by sub- (2) by striking ‘‘$175’’ in subparagraph (B) bridge or tunnel for which an international section (a) may be used to fund any qualified and inserting ‘‘$200’’. entity authorized under Federal or State law project. (b) INFLATION ADJUSTMENT CONFORMING is responsible and which receives Federal as- (c) QUALIFIED PROJECTS.—For purposes of AMENDMENTS.—Subparagraph (A) of section sistance under such title 23. this section— 132(f)(6) (relating to inflation adjustment) is ‘‘(2) QUALIFIED SURFACE FREIGHT TRANSFER (1) IN GENERAL.—With respect to any Build amended— FACILITIES.—For purposes of subsection America bonds issued by the Build America (1) by striking the last sentence, (a)(16), the term ‘qualified surface freight Corporation as authorized by subsection (a), (2) by striking ‘‘1999’’ and inserting ‘‘2008’’, transfer facilities’ means facilities for the the term ‘‘qualified project’’ means any— and transfer of freight from truck to rail or rail (A) qualified highway project, (3) by striking ‘‘1998’’ and inserting ‘‘2007’’. to truck (including any temporary storage (B) qualified public transportation project, (c) EFFECTIVE DATE.—The amendments facilities directly related to such transfers) and made by this section shall apply to taxable which receives Federal assistance under ei- (C) congestion relief project, years beginning after December 31, 2005. ther title 23 or title 49, United States Code proposed by 1 or more States and approved SEC. 5307. TREASURY STUDY OF HIGHWAY FUELS (as in effect on the date of the enactment of by the Build America Corporation, which USED BY TRUCKS FOR NON-TRANS- this subsection). PORTATION PURPOSES. meets the requirements under subparagraphs ‘‘(3) NATIONAL LIMITATION ON AMOUNT OF (a) STUDY.—The Secretary of the Treasury (A), (B), and (C) of paragraph (5). shall conduct a study regarding the use of TAX-EXEMPT FINANCING FOR FACILITIES.— (2) QUALIFIED HIGHWAY PROJECT.—The term highway motor fuel by trucks that is not ‘‘(A) NATIONAL LIMITATION.—There is a na- ‘‘qualified highway project’’ means a project used for the propulsion of the vehicle. As tional highway and surface freight transfer for highway facilities or other facilities part of such study— facilities bond limitation for each calendar which are eligible for assistance under title (1) in the case of vehicles carrying equip- year. Such limitation is $130,000,000 for 2005, 23, United States Code. ment that is unrelated to the transportation $750,000,000 for 2006, 2007, 2008, and 2009, (3) QUALIFIED PUBLIC TRANSPORTATION function of the vehicle— $1,870,000,000 for 2010, $2,000,000,000 for 2011, PROJECT.—The term ‘‘qualified public trans- (A) the Secretary of the Treasury, in con- 2012, 2013, 2014, and 2015, and zero thereafter. portation project’’ means a project for public sultation with the Secretary of Transpor- ‘‘(B) ENFORCEMENT OF NATIONAL LIMITA- transportation facilities or other facilities tation, and with public notice and comment, TION.—An issue shall not be treated as an which are eligible for assistance under title shall determine the average annual amount issue described in subsection (a)(15) or (a)(16) 49, United States Code. of tax paid fuel consumed per vehicle, by if the aggregate face amount of bonds issued (4) CONGESTION RELIEF PROJECT.—The term type of vehicle, used by the propulsion en- pursuant to such issue for any calendar year ‘‘congestion relief project’’ means an inter- gine to provide the power to operate the (when added to the aggregate face amount of modal freight transfer facility, freight rail equipment attached to the highway vehicle, bonds previously issued by all States as part facility, freight movement corridor, inter- and of issues described in subsections (a)(15) and city passenger rail facility, intercity bus fa- (B) the Secretary of the Treasury shall re- (a)(16) for such calendar year) exceeds the cility, border crossing facility, or other pub- view the technical and administrative feasi- national highway and surface freight trans- lic or private facility approved as a conges- bility of exempting such nonpropulsive use fer facilities bond limitation for such cal- tion relief project by the Secretary of Trans- of highway fuels for the highway motor fuels endar year. portation. In making such approvals, the excise taxes, ‘‘(C) ALLOCATION BY SECRETARY OF TRANS- Secretary of Transportation shall— (2) in the case where non-transportation PORTATION.—The Secretary of Transpor- (A) consider the economic, environmental, equipment is run by a separate motor— tation shall allocate the amount described in mobility, and national security improve- (A) the Secretary of the Treasury shall de- subparagraph (A) among projects for quali- ments to be realized through the project, and termine the annual average amount of fuel fied highway facilities and qualified surface (B) give preference to projects with na- exempted from tax in the use of such equip- freight transfer facilities in such manner as tional or regional significance, including any ment by equipment type, and the Secretary determines appropriate.

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‘‘(4) EXPENDITURE OF PROCEEDS.—An issue ‘‘(1) IN GENERAL.—The Secretary’’, and ‘‘(II) section 7122 (relating to com- shall not be treated as an issue described in (2) by adding at the end the following new promises), or subsection (a)(15) or (a)(16) unless at least 95 paragraph: ‘‘(III) section 7811 (relating to taxpayer as- percent of the net proceeds of the issue is ex- ‘‘(2) TREATMENT OF CONTINGENT PAYMENT sistance orders). pended for projects described in paragraph CONVERTIBLE DEBT.— ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- (3)(C) within the 5-year period beginning on ‘‘(A) IN GENERAL.—In the case of a debt in- SION.—If the Secretary provides a person the date of issuance. If at least 95 percent of strument which— with notice that a submission is a specified such net proceeds is not expended with such ‘‘(i) is convertible into stock of the issuing frivolous submission and such person with- 5-year period, an issue shall be treated as corporation, into stock or debt of a related draws such submission within 30 days after continuing to meet the requirements of this party (within the meaning of section 267(b) such notice, the penalty imposed under para- paragraph if the issuer uses all unspent pro- or 707(b)(1)), or into cash or other property in graph (1) shall not apply with respect to such ceeds of the issue to redeem bonds of the an amount equal to the approximate value of submission. issue within 90 days after the end of such 5- such stock or debt, and ‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The year period. The Secretary, at the request of ‘‘(ii) provides for contingent payments, Secretary shall prescribe (and periodically the issuer, may extend such 5-year period if any regulations which require original issue revise) a list of positions which the Sec- the issuer establishes that any failure to discount to be determined by reference to retary has identified as being frivolous for meet such period is due to circumstances be- the comparable yield of a noncontingent purposes of this subsection. The Secretary yond the control of the issuer.’’. fixed-rate debt instrument shall be applied shall not include in such list any position (c) EXEMPTION FROM GENERAL STATE VOL- as if the regulations require that such com- that the Secretary determines meets the re- UME CAPS.—Paragraph (3) of section 146(g) of parable yield be determined by reference to a quirement of section 6662(d)(2)(B)(ii)(II). the Internal Revenue Code of 1986 (relating noncontingent fixed-rate debt instrument ‘‘(d) REDUCTION OF PENALTY.—The Sec- to exception for certain bonds) is amended which is convertible into stock. retary may reduce the amount of any penalty imposed under this section if the Sec- by striking ‘‘or (14)’’ and all that follows ‘‘(B) SPECIAL RULE.—For purposes of sub- retary determines that such reduction would through the end of the paragraph and insert- paragraph (A), the comparable yield shall be promote compliance with and administra- ing ‘‘(14), (15), or (16) of section 142(a), and’’. determined without taking into account the tion of the Federal tax laws. (d) EFFECTIVE DATE.—The amendments yield resulting from the conversion of a debt ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- made by this section apply to bonds issued instrument into stock.’’. ALTIES.—The penalties imposed by this sec- after the date of the enactment of this Act. (b) CROSS REFERENCE.—Section 163(e)(6) tion shall be in addition to any other penalty Subtitle D—Fuels-related Technical (relating to cross references) is amended by provided by law.’’. Corrections adding at the end the following: (b) TREATMENT OF FRIVOLOUS REQUESTS SEC. 5401. FUELS-RELATED TECHNICAL CORREC- ‘‘For the treatment of contingent payment FOR HEARINGS BEFORE LEVY.— TIONS. convertible debt, see section 1275(d)(2).’’. (1) FRIVOLOUS REQUESTS DISREGARDED.— (a) AMENDMENTS RELATED TO SECTION 301 (c) EFFECTIVE DATE.—The amendments Section 6330 (relating to notice and oppor- OF THE AMERICAN JOBS CREATION ACT OF made by this section shall apply to debt in- tunity for hearing before levy) is amended by 2004.—Section 6427 is amended— struments issued on or after the date of the adding at the end the following new sub- (1) by striking subsection (f), and enactment of this Act. section: (2) by striking subsection (o) and redesig- SEC. 5502. FRIVOLOUS TAX SUBMISSIONS. ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, nating subsection (p) as subsection (o). (a) CIVIL PENALTIES.—Section 6702 is ETC.—Notwithstanding any other provision (b) AMENDMENTS RELATED TO SECTION 853 amended to read as follows: of this section, if the Secretary determines OF THE AMERICAN JOBS CREATION ACT OF ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. that any portion of a request for a hearing 2004.— ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- under this section or section 6320 meets the (1) Subparagraph (C) of section 4081(a)(2) is TURNS.—A person shall pay a penalty of requirement of clause (i) or (ii) of section amended by striking ‘‘for use in commercial $5,000 if— 6702(b)(2)(A), then the Secretary may treat aviation’’ and inserting ‘‘for use in commer- ‘‘(1) such person files what purports to be a such portion as if it were never submitted cial aviation by a person registered for such return of a tax imposed by this title but and such portion shall not be subject to any use under section 4101’’. which— further administrative or judicial review.’’. (2) So much of paragraph (2) of section ‘‘(A) does not contain information on (2) PRECLUSION FROM RAISING FRIVOLOUS 4081(d) as precedes subparagraph (A) is which the substantial correctness of the self- ISSUES AT HEARING.—Section 6330(c)(4) is amended to read as follows: assessment may be judged, or amended— ‘‘(2) AVIATION FUELS.—The rates of tax ‘‘(B) contains information that on its face (A) by striking ‘‘(A)’’ and inserting specified in clauses (ii) and (iv) of subsection indicates that the self-assessment is substan- ‘‘(A)(i)’’; (a)(2)(A) shall be 4.3 cents per gallon—’’. tially incorrect; and (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; (3) Section 6421(f)(2) is amended— ‘‘(2) the conduct referred to in paragraph (C) by striking the period at the end of the (A) by striking ‘‘noncommercial aviation (1)— first sentence and inserting ‘‘; or’’; and (as defined in section 4041(c)(2))’’ in subpara- ‘‘(A) is based on a position which the Sec- (D) by inserting after subparagraph (A)(ii) graph (A) and inserting ‘‘aviation which is retary has identified as frivolous under sub- (as so redesignated) the following: not commercial aviation (as defined in section (c), or ‘‘(B) the issue meets the requirement of seciton 4083(b))’’, and ‘‘(B) reflects a desire to delay or impede clause (i) or (ii) of section 6702(b)(2)(A).’’. (B) by striking ‘‘aviation which is not non- the administration of Federal tax laws. (3) STATEMENT OF GROUNDS.—Section 6330(b)(1) is amended by striking ‘‘under sub- commercial aviation’’ in subparagraph (B) ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- section (a)(3)(B)’’ and inserting ‘‘in writing and inserting ‘‘commercial aviation’’. LOUS SUBMISSIONS.— under subsection (a)(3)(B) and states the (c) AMENDMENT RELATED TO SECTION 9005 ‘‘(1) IMPOSITION OF PENALTY.—Except as OF THE TRANSPORTATION EQUITY ACT FOR THE provided in paragraph (3), any person who grounds for the requested hearing’’. (c) TREATMENT OF FRIVOLOUS REQUESTS 21ST CENTURY.—The last sentence of para- submits a specified frivolous submission FOR HEARINGS UPON FILING OF NOTICE OF graph (2) of section 9504(b) is amended by shall pay a penalty of $5,000. LIEN.—Section 6320 is amended— striking ‘‘subparagraph (B)’’, and inserting ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For (1) in subsection (b)(1), by striking ‘‘under ‘‘subparagraph (C)’’. purposes of this section— subsection (a)(3)(B)’’ and inserting ‘‘in writ- (d) EFFECTIVE DATES.— ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— ing under subsection (a)(3)(B) and states the (1) AMERICAN JOBS CREATION ACT OF 2004.— The term ‘specified frivolous submission’ grounds for the requested hearing’’, and The amendments made by subsections (a) means a specified submission if any portion (2) in subsection (c), by striking ‘‘and (e)’’ and (b) shall take effect as if included in the of such submission— and inserting ‘‘(e), and (g)’’. provisions of the American Jobs Creation ‘‘(i) is based on a position which the Sec- Act of 2004 to which they relate. (d) TREATMENT OF FRIVOLOUS APPLICATIONS retary has identified as frivolous under sub- FOR OFFERS-IN-COMPROMISE AND INSTALL- (2) TRANSPORTATION EQUITY ACT FOR THE section (c), or 21ST CENTURY.—The amendment made by sub- MENT AGREEMENTS.—Section 7122 is amended ‘‘(ii) reflects a desire to delay or impede by adding at the end the following new subsection (c) shall take effect as if included in the administration of Federal tax laws. the provision of the Transportation Equity section: ‘‘(B) SPECIFIED SUBMISSION.—The term ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- Act for the 21st Century to which it relates. ‘specified submission’ means— withstanding any other provision of this sec- Subtitle E—Revenue Offset Provisions ‘‘(i) a request for a hearing under— tion, if the Secretary determines that any PART I—GENERAL PROVISIONS ‘‘(I) section 6320 (relating to notice and op- portion of an application for an offer-in-com- SEC. 5501. TREATMENT OF CONTINGENT PAY- portunity for hearing upon filing of notice of promise or installment agreement submitted MENT CONVERTIBLE DEBT INSTRU- lien), or under this section or section 6159 meets the MENTS. ‘‘(II) section 6330 (relating to notice and requirement of clause (i) or (ii) of section (a) IN GENERAL.—Section 1275(d) (relating opportunity for hearing before levy), and 6702(b)(2)(A), then the Secretary may treat to regulation authority) is amended— ‘‘(ii) an application under— such portion as if it were never submitted (1) by striking ‘‘The Secretary’’ and insert- ‘‘(I) section 6159 (relating to agreements and such portion shall not be subject to any ing the following: for payment of tax liability in installments), further administrative or judicial review.’’.

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(e) CLERICAL AMENDMENT.—The table of SEC. 5504. DOUBLING OF CERTAIN PENALTIES, Congress on the implementation of this sec- sections for part I of subchapter B of chapter FINES, AND INTEREST ON UNDER- tion during the preceding year, including 68 is amended by striking the item relating PAYMENTS RELATED TO CERTAIN statistics on the number of taxpayers af- to section 6702 and inserting the following OFFSHORE FINANCIAL ARRANGE- fected by such implementation and the MENTS. new item: amount of interest and applicable penalties (a) DETERMINATION OF PENALTY.— asserted, waived, and assessed during such ‘‘Sec. 6702. Frivolous tax submissions.’’. (1) IN GENERAL.—Notwithstanding any other provision of law, in the case of an ap- preceding year. (d) EFFECTIVE DATE.—The provisions of (f) EFFECTIVE DATE.—The amendments plicable taxpayer— this section shall apply to interest, pen- made by this section shall apply to submis- (A) the determination as to whether any alties, additions to tax, and fines with re- sions made and issues raised after the date interest or applicable penalty is to be im- spect to any taxable year if, as of the date of on which the Secretary first prescribes a list posed with respect to any arrangement de- the enactment of this Act, the assessment of under section 6702(c) of the Internal Revenue scribed in paragraph (2), or to any under- any tax, penalty, or interest with respect to Code of 1986, as amended by subsection (a). payment of Federal income tax attributable such taxable year is not prevented by the op- to items arising in connection with any such SEC. 5503. INCREASE IN CERTAIN CRIMINAL PEN- eration of any law or rule of law. ALTIES. arrangement, shall be made without regard to the rules of subsections (b), (c), and (d) of SEC. 5505. MODIFICATION OF INTERACTION BE- (a) IN GENERAL.—Section 7206 (relating to TWEEN SUBPART F AND PASSIVE fraud and false statements) is amended— section 6664 of the Internal Revenue Code of FOREIGN INVESTMENT COMPANY (1) by striking ‘‘Any person who—’’ and in- 1986, and RULES. (B) if any such interest or applicable pen- serting ‘‘(a) IN GENERAL.—Any person who— (a) LIMITATION ON EXCEPTION FROM PFIC ’’, and alty is imposed, the amount of such interest RULES FOR UNITED STATES SHAREHOLDERS OF (2) by adding at the end the following new or penalty shall be equal to twice that deter- CONTROLLED FOREIGN CORPORATIONS.—Para- subsection: mined without regard to this section. graph (2) of section 1297(e) (relating to pas- (2) APPLICABLE TAXPAYER.—For purposes of sive foreign investment company) is amend- ‘‘(b) INCREASE IN MONETARY LIMITATION FOR this subsection— ed by adding at the end the following flush UNDERPAYMENT OR OVERPAYMENT OF TAX DUE (A) IN GENERAL.—The term ‘‘applicable sentence: TO FRAUD.—If any portion of any under- taxpayer’’ means a taxpayer which— ‘‘Such term shall not include any period if payment (as defined in section 6664(a)) or (i) has underreported its United States in- overpayment (as defined in section 6401(a)) of the earning of subpart F income by such cor- come tax liability with respect to any item poration during such period would result in tax required to be shown on a return is at- which directly or indirectly involves— tributable to fraudulent action described in only a remote likelihood of an inclusion in (I) any financial arrangement which in any gross income under section 951(a)(1)(A)(i).’’. subsection (a), the applicable dollar amount manner relies on the use of offshore payment under subsection (a) shall in no event be less (b) EFFECTIVE DATE.—The amendment mechanisms (including credit, debit, or made by this section shall apply to taxable than an amount equal to such portion. A rule charge cards) issued by banks or other enti- similar to the rule under section 6663(b) shall years of controlled foreign corporations be- ties in foreign jurisdictions, or ginning after March 2, 2005, and to taxable apply for purposes of determining the por- (II) any offshore financial arrangement (in- tion so attributable.’’. years of United States shareholders with or cluding any arrangement with foreign banks, within which such taxable years of con- (b) INCREASE IN PENALTIES.— financial institutions, corporations, partner- trolled foreign corporations end. (1) ATTEMPT TO EVADE OR DEFEAT TAX.— ships, trusts, or other entities), and SEC. 5506. DECLARATION BY CHIEF EXECUTIVE Section 7201 is amended— (ii) has not signed a closing agreement pur- OFFICER RELATING TO FEDERAL (A) by striking ‘‘$100,000’’ and inserting suant to the Voluntary Offshore Compliance ANNUAL CORPORATE INCOME TAX ‘‘$500,000’’, Initiative established by the Department of RETURN. (B) by striking ‘‘$500,000’’ and inserting the Treasury under Revenue Procedure 2003- (a) IN GENERAL.—The Federal annual tax ‘‘$1,000,000’’, and 11 or voluntarily disclosed its participation return of a corporation with respect to in- (C) by striking ‘‘5 years’’ and inserting ‘‘10 in such arrangement by notifying the Inter- come shall also include a declaration signed years’’. nal Revenue Service of such arrangement by the chief executive officer of such cor- (2) WILLFUL FAILURE TO FILE RETURN, SUP- prior to the issue being raised by the Inter- poration (or other such officer of the cor- PLY INFORMATION, OR PAY TAX.—Section 7203 nal Revenue Service during an examination. poration as the Secretary of the Treasury is amended— (B) AUTHORITY TO WAIVE.—The Secretary of may designate if the corporation does not (A) in the first sentence— the Treasury or the Secretary’s delegate have a chief executive officer), under pen- (i) by striking ‘‘Any person’’ and inserting may waive the application of paragraph (1) alties of perjury, that the corporation has in the following: to any taxpayer if the Secretary or the Sec- place processes and procedures that ensure ‘‘(a) IN GENERAL.—Any person’’, and retary’s delegate determines that the use of that such return complies with the Internal (ii) by striking ‘‘$25,000’’ and inserting such offshore payment mechanisms is inci- Revenue Code of 1986 and that the chief exec- ‘‘$50,000’’, dental to the transaction and, in addition, in utive officer was provided reasonable assur- (B) in the third sentence, by striking ‘‘sec- the case of a trade or business, such use is ance of the accuracy of all material aspects tion’’ and inserting ‘‘subsection’’, and conducted in the ordinary course of the trade of such return. The preceding sentence shall (C) by adding at the end the following new or business of the taxpayer. not apply to any return of a regulated in- subsection: (C) ISSUES RAISED.—For purposes of sub- vestment company (within the meaning of paragraph (A)(ii), an item shall be treated as section 851 of such Code). ‘‘(b) AGGRAVATED FAILURE TO FILE.— an issue raised during an examination if the (b) EFFECTIVE DATE.—This section shall ‘‘(1) IN GENERAL.—In the case of any failure individual examining the return— apply to Federal annual tax returns for tax- described in paragraph (2), the first sentence (i) communicates to the taxpayer knowl- able years ending after the date of the enact- of subsection (a) shall be applied by sub- edge about the specific item, or ment of this Act. stituting— (ii) has made a request to the taxpayer for SEC. 5507. TREASURY REGULATIONS ON FOREIGN ‘‘(A) ‘felony’ for ‘misdemeanor’, information and the taxpayer could not TAX CREDIT. ‘‘(B) ‘$500,000 ($1,000,000’ for ‘$25,000 make a complete response to that request Section 901 (relating to taxes of foreign ($100,000’, and without giving the examiner knowledge of countries and of possessions of United ‘‘(C) ‘10 years’ for ‘1 year’. the specific item. States) is amended by redesignating sub- AILURE DESCRIBED ‘‘(2) F .—A failure de- (b) DEFINITIONS AND RULES.—For purposes section (m) as subsection (n) and by insert- scribed in this paragraph is a failure to make of this section— ing after subsection (l) the following new a return described in subsection (a) for a pe- (1) APPLICABLE PENALTY.—The term ‘‘appli- subsection: riod of 3 or more consecutive taxable years cable penalty’’ means any penalty, addition ‘‘(m) REGULATIONS.—The Secretary may and the aggregated tax liability for such pe- to tax, or fine imposed under chapter 68 of prescribe regulations disallowing a credit riod is at least $100,000.’’. the Internal Revenue Code of 1986. under subsection (a) for all or a portion of RAUD AND FALSE STATEMENTS (3) F .—Section (2) FEES AND EXPENSES.—The Secretary of any foreign tax, or allocating a foreign tax 7206(a) (as redesignated by subsection (a)) is the Treasury may retain and use an amount among 2 or more persons, in cases where the amended— not in excess of 25 percent of all additional foreign tax is imposed on any person in re- (A) by striking ‘‘$100,000’’ and inserting interest, penalties, additions to tax, and spect of income of another person or in other ‘‘$500,000’’, fines collected under this section to be used cases involving the inappropriate separation (B) by striking ‘‘$500,000’’ and inserting for enforcement and collection activities of of the foreign tax from the related foreign ‘‘$1,000,000’’, and the Internal Revenue Service. The Secretary income.’’. (C) by striking ‘‘3 years’’ and inserting ‘‘5 shall keep adequate records regarding SEC. 5508. WHISTLEBLOWER REFORMS. years’’. amounts so retained and used. The amount (a) IN GENERAL.—Section 7623 (relating to (c) EFFECTIVE DATE.—The amendments credited as paid by any taxpayer shall be de- expenses of detection of underpayments and made by this section shall apply to actions, termined without regard to this paragraph. fraud, etc.) is amended— and failures to act, occurring after the date (c) REPORT BY SECRETARY.—The Secretary (1) by striking ‘‘The Secretary’’ and insert- of the enactment of this Act. shall each year conduct a study and report to ing ‘‘(a) IN GENERAL.—The Secretary’’,

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(2) by striking ‘‘and’’ at the end of para- ‘‘(B) REPRESENTATION.—Any individual de- SEC. 5509. DENIAL OF DEDUCTION FOR CERTAIN graph (1) and inserting ‘‘or’’, scribed in paragraph (1) or (2) may be rep- FINES, PENALTIES, AND OTHER (3) by striking ‘‘(other than interest)’’, and resented by counsel. AMOUNTS. (a) IN GENERAL.—Subsection (f) of section (4) by adding at the end the following new ‘‘(C) AWARD NOT SUBJECT TO INDIVIDUAL AL- 162 (relating to trade or business expenses) is subsections: TERNATIVE MINIMUM TAX.—No award received ‘‘(b) AWARDS TO WHISTLEBLOWERS.— amended to read as follows: under this subsection shall be included in INES ENALTIES AND THER ‘‘(1) IN GENERAL.—If the Secretary proceeds ‘‘(f) F , P , O gross income for purposes of determining al- AMOUNTS.— with any administrative or judicial action ternative minimum taxable income. described in subsection (a) based on informa- ‘‘(1) IN GENERAL.—Except as provided in tion brought to the Secretary’s attention by ‘‘(c) WHISTLEBLOWER OFFICE.— paragraph (2), no deduction otherwise allow- an individual, such individual shall, subject ‘‘(1) IN GENERAL.—There is established in able shall be allowed under this chapter for to paragraph (2), receive as an award at least the Internal Revenue Service an office to be any amount paid or incurred (whether by 15 percent but not more than 30 percent of known as the ‘Whistleblower Office’ which— suit, agreement, or otherwise) to, or at the the collected proceeds (including penalties, ‘‘(A) shall at all times operate at the direc- direction of, a government or entity de- interest, additions to tax, and additional tion of the Commissioner and coordinate and scribed in paragraph (4) in relation to the amounts) resulting from the action (includ- consult with other divisions in the Internal violation of any law or the investigation or ing any related actions) or from any settle- Revenue Service as directed by the Commis- inquiry by such government or entity into the potential violation of any law. ment in response to such action. The deter- sioner, ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING mination of the amount of such award by the ‘‘(B) shall analyze information received RESTITUTION.—Paragraph (1) shall not apply Whistleblower Office shall depend upon the from any individual described in subsection to any amount which— extent to which the individual substantially (b) and either investigate the matter itself or contributed to such action. ‘‘(A) the taxpayer establishes constitutes assign it to the appropriate Internal Revenue restitution (including remediation of prop- ‘‘(2) AWARD IN CASE OF LESS SUBSTANTIAL Service office, erty) for damage or harm caused by or which CONTRIBUTION.— ‘‘(C) shall monitor any action taken with may be caused by the violation of any law or ‘‘(A) IN GENERAL.—In the event the action respect to such matter, described in paragraph (1) is one which the the potential violation of any law, and ‘‘(D) shall inform such individual that it ‘‘(B) is identified as restitution in the Whistleblower Office determines to be based has accepted the individual’s information for principally on disclosures of specific allega- court order or settlement agreement. further review, tions (other than information provided by Identification pursuant to subparagraph (B) ‘‘(E) may require such individual and any the individual described in paragraph (1)) re- alone shall not satisfy the requirement legal representative of such individual to not sulting from a judicial or administrative under subparagraph (A). This paragraph hearing, from a governmental report, hear- disclose any information so provided, shall not apply to any amount paid or ining, audit, or investigation, or from the news ‘‘(F) in its sole discretion, may ask for ad- curred as reimbursement to the government media, the Whistleblower Office may award ditional assistance from such individual or or entity for the costs of any investigation such sums as it considers appropriate, but in any legal representative of such individual, or litigation. no case more than 10 percent of the collected and ‘‘(3) EXCEPTION FOR AMOUNTS PAID OR IN- proceeds (including penalties, interest, addi- ‘‘(G) shall determine the amount to be CURRED AS THE RESULT OF CERTAIN COURT OR- tions to tax, and additional amounts) result- awarded to such individual under subsection DERS.—Paragraph (1) shall not apply to any ing from the action (including any related (b). amount paid or incurred by order of a court actions) or from any settlement in response ‘‘(2) FUNDING FOR OFFICE.—There is author- in a suit in which no government or entity to such action, taking into account the sig- ized to be appropriated $10,000,000 for each described in paragraph (4) is a party. nificance of the individual’s information and fiscal year for the Whistleblower Office. ‘‘(4) CERTAIN NONGOVERNMENTAL REGU- the role of such individual and any legal rep- These funds shall be used to maintain the LATORY ENTITIES.—An entity is described in resentative of such individual in contrib- Whistleblower Office and also to reimburse this paragraph if it is— uting to such action. other Internal Revenue Service offices for re- ‘‘(A) a nongovernmental entity which exercises self-regulatory powers (including im- ‘‘(B) NONAPPLICATION OF PARAGRAPH WHERE lated costs, such as costs of investigation posing sanctions) in connection with a quali- INDIVIDUAL IS ORIGINAL SOURCE OF INFORMA- and collection. fied board or exchange (as defined in section TION.—Subparagraph (A) shall not apply if ‘‘(3) REQUEST FOR ASSISTANCE.— 1256(g)(7)), or the information resulting in the initiation of ‘‘(A) IN GENERAL.—Any assistance re- the action described in paragraph (1) was ‘‘(B) to the extent provided in regulations, quested under paragraph (1)(F) shall be under a nongovernmental entity which exercises originally provided by the individual de- the direction and control of the Whistle- scribed in paragraph (1). self-regulatory powers (including imposing blower Office or the office assigned to inves- sanctions) as part of performing an essential ‘‘(3) REDUCTION IN OR DENIAL OF AWARD.—If tigate the matter under subparagraph (A). governmental function. the Whistleblower Office determines that the To the extent the disclosure of any returns claim for an award under paragraph (1) or (2) ‘‘(5) EXCEPTION FOR TAXES DUE.—Paragraph or return information to the individual or (1) shall not apply to any amount paid or in- is brought by an individual who planned and legal representative is required for the per- initiated the actions that led to the under- curred as taxes due.’’. formance of such assistance, such disclosure (b) EFFECTIVE DATE.—The amendment payment of tax or actions described in sub- shall be pursuant to a contract entered into made by this section shall apply to amounts section (a)(2), then the Whistleblower Office between the Secretary and the recipients of paid or incurred on or after the date of the may appropriately reduce such award. If such disclosure subject to section 6103(n). No enactment of this Act, except that such such individual is convicted of criminal con- individual or legal representative whose as- amendment shall not apply to amounts paid duct arising from the role described in the sistance is so requested may by reason of or incurred under any binding order or agree- preceding sentence, the Whistleblower Office such request represent himself or herself as ment entered into before such date. Such ex- shall deny any award. an employee of the Federal Government. ception shall not apply to an order or agree- ‘‘(4) APPEAL OF AWARD DETERMINATION.— ‘‘(B) FUNDING OF ASSISTANCE.—From the ment requiring court approval unless the ap- Any determination regarding an award under amounts available for expenditure under sub- proval was obtained before such date. paragraph (1), (2), or (3) shall be subject to section (b), the Whistleblower Office may, SEC. 5510. FREEZE OF INTEREST SUSPENSION the filing by the individual described in such with the agreement of the individual de- RULES WITH RESPECT TO LISTED paragraph of a petition for review with the scribed in subsection (b), reimburse the costs TRANSACTIONS. Tax Court under rules similar to the rules (a) IN GENERAL.—Paragraph (2) of section incurred by any legal representative of such under section 7463 (without regard to the 903(d) of the American Jobs Creation Act of individual in providing assistance described amount in dispute) and such review shall be 2005 is amended to read as follows: in subparagraph (A). subject to the rules under section 7461(b)(1). ‘‘(2) EXCEPTION FOR REPORTABLE OR LISTED ‘‘(5) APPLICATION OF THIS SUBSECTION.—This ‘‘(d) REPORT BY SECRETARY.—The Sec- TRANSACTIONS.— subsection shall apply with respect to any retary shall each year conduct a study and ‘‘(A) IN GENERAL.—The amendments made action— report to Congress on the use of this section, by subsection (c) shall apply with respect to ‘‘(A) against any taxpayer, but in the case including— interest accruing after October 3, 2004. of any individual, only if such individual’s ‘‘(1) an analysis of the use of this section ‘‘(B) SPECIAL RULE FOR CERTAIN LISTED gross income exceeds $200,000 for any taxable during the preceding year and the results of TRANSACTIONS.— year subject to such action, and such use, and ‘‘(i) IN GENERAL.—Except as provided in ‘‘(B) if the tax, penalties, interest, addi- ‘‘(2) any legislative or administrative rec- clause (ii) or (iii), in the case of any listed tions to tax, and additional amounts in dis- ommendations regarding the provisions of transaction, the amendments made by sub- pute exceed $20,000. this section and its application.’’. section (c) shall also apply with respect to ‘‘(6) ADDITIONAL RULES.— interest accruing on or before October 3, ‘‘(A) NO CONTRACT NECESSARY.—No con- (b) EFFECTIVE DATE.—The amendments 2004. tract with the Internal Revenue Service is made by this section shall apply to informa- ‘‘(ii) PARTICIPANTS IN SETTLEMENT INITIA- necessary for any individual to receive an tion provided on or after the date of the en- TIVES.—Clause (i) shall not apply to a listed award under this subsection. actment of this Act. transaction if, as of May 9, 2005—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4723 ‘‘(I) the taxpayer is participating in a pub- treated in the same manner as an amount re- any property unless adequate security is pro- lished settlement initiative which is offered quired to be includible in gross income. vided to the Secretary with respect to such by the Secretary of the Treasury or his dele- ‘‘(B) COST-OF-LIVING ADJUSTMENT.— property. gate to a group of similarly situated tax- ‘‘(i) IN GENERAL.—In the case of an expa- ‘‘(B) ADEQUATE SECURITY.—For purposes of payers claiming benefits from the listed triation date occurring in any calendar year subparagraph (A), security with respect to transaction, or after 2005, the $600,000 amount under sub- any property shall be treated as adequate se- ‘‘(II) the taxpayer has entered into a set- paragraph (A) shall be increased by an curity if— tlement agreement pursuant to such an ini- amount equal to— ‘‘(i) it is a bond in an amount equal to the tiative with respect to the tax liability aris- ‘‘(I) such dollar amount, multiplied by deferred tax amount under paragraph (2) for ing in connection with the listed trans- ‘‘(II) the cost-of-living adjustment deter- the property, or action. mined under section 1(f)(3) for such calendar ‘‘(ii) the taxpayer otherwise establishes to Subclause (I) shall not apply to the taxpayer year, determined by substituting ‘calendar the satisfaction of the Secretary that the se- if, after May 9, 2005, the taxpayer withdraws year 2004’ for ‘calendar year 1992’ in subpara- curity is adequate. from, or terminates, participation in the ini- graph (B) thereof. ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- tiative or the Secretary or his delegate de- ‘‘(ii) ROUNDING RULES.—If any amount after tion may be made under paragraph (1) unless adjustment under clause (i) is not a multiple the taxpayer consents to the waiver of any termines that a settlement agreement will of $1,000, such amount shall be rounded to right under any treaty of the United States not be reached pursuant to the initiative the next lower multiple of $1,000. which would preclude assessment or collec- within a reasonable period of time. ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS tion of any tax imposed by reason of this sec- ‘‘(iii) CLOSED TRANSACTIONS.—Clause (i) UNITED STATES CITIZEN.— tion. shall not apply to a listed transaction if, as ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(6) ELECTIONS.—An election under para- of May 9, 2005— elects the application of this paragraph— graph (1) shall only apply to property de- ‘‘(I) the assessment of all Federal income ‘‘(i) this section (other than this paragraph scribed in the election and, once made, is ir- taxes for the taxable year in which the tax and subsection (i)) shall not apply to the ex- revocable. An election may be made under liability to which the interest relates arose patriate, but paragraph (1) with respect to an interest in a is prevented by the operation of any law or ‘‘(ii) in the case of property to which this trust with respect to which gain is required rule of law, or section would apply but for such election, to be recognized under subsection (f)(1). ‘‘(II) a closing agreement under section the expatriate shall be subject to tax under ‘‘(7) INTEREST.—For purposes of section 7121 has been entered into with respect to the this title in the same manner as if the indi- 6601— tax liability arising in connection with the vidual were a United States citizen. ‘‘(A) the last date for the payment of tax listed transaction.’’. ‘‘(B) REQUIREMENTS.—Subparagraph (A) shall be determined without regard to the (b) EFFECTIVE DATE.—The amendment shall not apply to an individual unless the election under this subsection, and made by this section shall take effect as if individual— ‘‘(B) section 6621(a)(2) shall be applied by included in the provisions of the American ‘‘(i) provides security for payment of tax in substituting ‘5 percentage points’ for ‘3 per- Jobs Creation Act of 2004 to which it relates. such form and manner, and in such amount, centage points’ in subparagraph (B) thereof. SEC. 5511. MODIFICATIONS OF EFFECTIVE DATES as the Secretary may require, ‘‘(c) COVERED EXPATRIATE.—For purposes OF LEASING PROVISIONS OF THE ‘‘(ii) consents to the waiver of any right of of this section— AMERICAN JOBS CREATION ACT OF the individual under any treaty of the ‘‘(1) IN GENERAL.—Except as provided in 2004. United States which would preclude assess- paragraph (2), the term ‘covered expatriate’ (a) REPEAL OF EXCEPTION FOR QUALIFIED ment or collection of any tax which may be means an expatriate. TRANSPORTATION PROPERTY.—Section 849(b) imposed by reason of this paragraph, and ‘‘(2) EXCEPTIONS.—An individual shall not of the American Jobs Creation Act of 2004 is ‘‘(iii) complies with such other require- be treated as a covered expatriate if— amended by striking paragraphs (1) and (2) ments as the Secretary may prescribe. ‘‘(A) the individual— and by redesignating paragraphs (3) and (4) ‘‘(C) ELECTION.—An election under sub- ‘‘(i) became at birth a citizen of the United as paragraphs (1) and (2). paragraph (A) shall apply to all property to States and a citizen of another country and, (b) EFFECTIVE DATE.—The amendments which this section would apply but for the as of the expatriation date, continues to be a made by this section shall take effect as if election and, once made, shall be irrev- citizen of, and is taxed as a resident of, such included in the enactment of the American ocable. Such election shall also apply to other country, and Jobs Creation Act of 2004. property the basis of which is determined in ‘‘(ii) has not been a resident of the United SEC. 5512. IMPOSITION OF MARK-TO-MARKET TAX whole or in part by reference to the property States (as defined in section 7701(b)(1)(A)(ii)) ON INDIVIDUALS WHO EXPATRIATE. with respect to which the election was made. during the 5 taxable years ending with the (a) IN GENERAL.—Subpart A of part II of ‘‘(b) ELECTION TO DEFER TAX.— taxable year during which the expatriation subchapter N of chapter 1 is amended by in- ‘‘(1) IN GENERAL.—If the taxpayer elects the date occurs, or serting after section 877 the following new application of this subsection with respect to ‘‘(B)(i) the individual’s relinquishment of section: any property treated as sold by reason of United States citizenship occurs before such ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- subsection (a), the payment of the additional individual attains age 181⁄2, and TION. tax attributable to such property shall be ‘‘(ii) the individual has been a resident of ‘‘(a) GENERAL RULES.—For purposes of this postponed until the due date of the return the United States (as so defined) for not subtitle— for the taxable year in which such property more than 5 taxable years before the date of ‘‘(1) MARK TO MARKET.—Except as provided is disposed of (or, in the case of property dis- relinquishment. in subsections (d) and (f), all property of a posed of in a transaction in which gain is not ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR covered expatriate to whom this section ap- recognized in whole or in part, until such PENSION PLANS.— plies shall be treated as sold on the day be- other date as the Secretary may prescribe). ‘‘(1) EXEMPT PROPERTY.—This section shall fore the expatriation date for its fair market ‘‘(2) DETERMINATION OF TAX WITH RESPECT not apply to the following: value. TO PROPERTY.—For purposes of paragraph (1), ‘‘(A) UNITED STATES REAL PROPERTY INTER- ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the the additional tax attributable to any prop- ESTS.—Any United States real property in- case of any sale under paragraph (1)— erty is an amount which bears the same terest (as defined in section 897(c)(1)), other ‘‘(A) notwithstanding any other provision ratio to the additional tax imposed by this than stock of a United States real property of this title, any gain arising from such sale chapter for the taxable year solely by reason holding corporation which does not, on the shall be taken into account for the taxable of subsection (a) as the gain taken into ac- day before the expatriation date, meet the year of the sale, and count under subsection (a) with respect to requirements of section 897(c)(2). ‘‘(B) any loss arising from such sale shall such property bears to the total gain taken ‘‘(B) SPECIFIED PROPERTY.—Any property be taken into account for the taxable year of into account under subsection (a) with re- or interest in property not described in sub- the sale to the extent otherwise provided by spect to all property to which subsection (a) paragraph (A) which the Secretary specifies this title, except that section 1091 shall not applies. in regulations. apply to any such loss. ‘‘(3) TERMINATION OF POSTPONEMENT.—No ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- Proper adjustment shall be made in the tax may be postponed under this subsection MENT PLANS.— amount of any gain or loss subsequently re- later than the due date for the return of tax ‘‘(A) IN GENERAL.—If a covered expatriate alized for gain or loss taken into account imposed by this chapter for the taxable year holds on the day before the expatriation date under the preceding sentence. which includes the date of death of the expa- any interest in a retirement plan to which ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— triate (or, if earlier, the time that the secu- this paragraph applies— ‘‘(A) IN GENERAL.—The amount which, but rity provided with respect to the property ‘‘(i) such interest shall not be treated as for this paragraph, would be includible in the fails to meet the requirements of paragraph sold for purposes of subsection (a)(1), but gross income of any individual by reason of (4), unless the taxpayer corrects such failure ‘‘(ii) an amount equal to the present value this section shall be reduced (but not below within the time specified by the Secretary). of the expatriate’s nonforfeitable accrued zero) by $600,000. For purposes of this para- ‘‘(4) SECURITY.— benefit shall be treated as having been re- graph, allocable expatriation gain taken into ‘‘(A) IN GENERAL.—No election may be ceived by such individual on such date as a account under subsection (f)(2) shall be made under paragraph (1) with respect to distribution under the plan.

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‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- the trust with respect to nonvested interests TIONS.—In the case of any distribution on or term resident’ has the meaning given to such not held by such person. after the expatriation date to or on behalf of term by section 877(e)(2). ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For the covered expatriate from a plan from ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- purposes of this paragraph, the allocable ex- which the expatriate was treated as receiv- FICIARIES’ INTERESTS IN TRUST.— patriation gain with respect to any bene- ing a distribution under subparagraph (A), ‘‘(1) IN GENERAL.—Except as provided in ficiary’s interest in a trust is the amount of the amount otherwise includible in gross in- paragraph (2), if an individual is determined gain which would be allocable to such bene- come by reason of the subsequent distribu- under paragraph (3) to hold an interest in a ficiary’s vested and nonvested interests in tion shall be reduced by the excess of the trust on the day before the expatriation the trust if the beneficiary held directly all date— amount includible in gross income under assets allocable to such interests. subparagraph (A) over any portion of such ‘‘(A) the individual shall not be treated as ‘‘(E) TAX DEDUCTED AND WITHHELD.— amount to which this subparagraph pre- having sold such interest, ‘‘(i) IN GENERAL.—The tax imposed by sub- viously applied. ‘‘(B) such interest shall be treated as a sep- paragraph (A)(ii) shall be deducted and with- ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- arate share in the trust, and held by the trustees from the distribution to TIONS BY PLAN.—For purposes of this title, a ‘‘(C)(i) such separate share shall be treated which it relates. retirement plan to which this paragraph ap- as a separate trust consisting of the assets ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE plies, and any person acting on the plan’s be- allocable to such share, TREATY RIGHTS.—If an amount may not be half, shall treat any subsequent distribution ‘‘(ii) the separate trust shall be treated as deducted and withheld under clause (i) by described in subparagraph (B) in the same having sold its assets on the day before the manner as such distribution would be treat- expatriation date for their fair market value reason of the distributee failing to waive any ed without regard to this paragraph. and as having distributed all of its assets to treaty right with respect to such distribution— ‘‘(D) APPLICABLE PLANS.—This paragraph the individual as of such time, and shall apply to— ‘‘(iii) the individual shall be treated as ‘‘(I) the tax imposed by subparagraph ‘‘(i) any qualified retirement plan (as de- having recontributed the assets to the sepa- (A)(ii) shall be imposed on the trust and each fined in section 4974(c)), rate trust. trustee shall be personally liable for the ‘‘(ii) an eligible deferred compensation Subsection (a)(2) shall apply to any income, amount of such tax, and plan (as defined in section 457(b)) of an eligi- gain, or loss of the individual arising from a ‘‘(II) any other beneficiary of the trust ble employer described in section distribution described in subparagraph shall be entitled to recover from the dis- 457(e)(1)(A), and (C)(ii). In determining the amount of such tributee the amount of such tax imposed on ‘‘(iii) to the extent provided in regulations, distribution, proper adjustments shall be the other beneficiary. any foreign pension plan or similar retire- made for liabilities of the trust allocable to ‘‘(F) DISPOSITION.—If a trust ceases to be a ment arrangements or programs. an individual’s share in the trust. qualified trust at any time, a covered expa- ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- triate disposes of an interest in a qualified ‘‘(e) DEFINITIONS.—For purposes of this sec- FIED TRUSTS.— trust, or a covered expatriate holding an in- tion— ‘‘(A) IN GENERAL.—If the trust interest de- terest in a qualified trust dies, then, in lieu ‘‘(1) EXPATRIATE.—The term ‘expatriate’ scribed in paragraph (1) is an interest in a of the tax imposed by subparagraph (A)(ii), means— qualified trust— there is hereby imposed a tax equal to the ‘‘(A) any United States citizen who relin- ‘‘(i) paragraph (1) and subsection (a) shall lesser of— quishes citizenship, and not apply, and ‘‘(i) the tax determined under paragraph (1) ‘‘(B) any long-term resident of the United ‘‘(ii) in addition to any other tax imposed States who— as if the day before the expatriation date by this title, there is hereby imposed on each were the date of such cessation, disposition, ‘‘(i) ceases to be a lawful permanent resi- distribution with respect to such interest a dent of the United States (within the mean- or death, whichever is applicable, or tax in the amount determined under sub- ‘‘(ii) the balance in the tax deferred ac- ing of section 7701(b)(6)), or paragraph (B). count immediately before such date. ‘‘(ii) commences to be treated as a resident ‘‘(B) AMOUNT OF TAX.—The amount of tax Such tax shall be imposed on the trust and of a foreign country under the provisions of under subparagraph (A)(ii) shall be equal to each trustee shall be personally liable for the a tax treaty between the United States and the lesser of— the foreign country and who does not waive ‘‘(i) the highest rate of tax imposed by sec- amount of such tax and any other bene- the benefits of such treaty applicable to resi- tion 1(e) for the taxable year which includes ficiary of the trust shall be entitled to re- dents of the foreign country. the day before the expatriation date, multi- cover from the covered expatriate or the es- ‘‘(2) EXPATRIATION DATE.—The term ‘expa- plied by the amount of the distribution, or tate the amount of such tax imposed on the triation date’ means— ‘‘(ii) the balance in the deferred tax ac- other beneficiary. ‘‘(A) the date an individual relinquishes count immediately before the distribution ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For United States citizenship, or determined without regard to any increases purposes of this paragraph— ‘‘(B) in the case of a long-term resident of under subparagraph (C)(ii) after the 30th day ‘‘(i) QUALIFIED TRUST.—The term ‘qualified the United States, the date of the event de- preceding the distribution. trust’ means a trust which is described in scribed in clause (i) or (ii) of paragraph ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes section 7701(a)(30)(E). (1)(B). of subparagraph (B)(ii)— ‘‘(ii) VESTED INTEREST.—The term ‘vested ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- interest’ means any interest which, as of the citizen shall be treated as relinquishing ance in a deferred tax account with respect day before the expatriation date, is vested in United States citizenship on the earliest of— to any trust interest is an amount equal to the beneficiary. ‘‘(A) the date the individual renounces the tax which would have been imposed on ‘‘(iii) NONVESTED INTEREST.—The term such individual’s United States nationality the allocable expatriation gain with respect ‘nonvested interest’ means, with respect to before a diplomatic or consular officer of the to the trust interest if such gain had been in- any beneficiary, any interest in a trust United States pursuant to paragraph (5) of cluded in gross income under subsection (a). which is not a vested interest. Such interest section 349(a) of the Immigration and Na- ‘‘(ii) INCREASE FOR INTEREST.—The balance shall be determined by assuming the max- tionality Act (8 U.S.C. 1481(a)(5)), in the deferred tax account shall be inimum exercise of discretion in favor of the ‘‘(B) the date the individual furnishes to creased by the amount of interest deter- the United States Department of State a beneficiary and the occurrence of all contin- mined (on the balance in the account at the gencies in favor of the beneficiary. signed statement of voluntary relinquish- time the interest accrues), for periods after ment of United States nationality con- ‘‘(iv) ADJUSTMENTS.—The Secretary may the 90th day after the expatriation date, by provide for such adjustments to the bases of firming the performance of an act of expa- using the rates and method applicable under assets in a trust or a deferred tax account, triation specified in paragraph (1), (2), (3), or section 6621 for underpayments of tax for and the timing of such adjustments, in order (4) of section 349(a) of the Immigration and such periods, except that section 6621(a)(2) to ensure that gain is taxed only once. Nationality Act (8 U.S.C. 1481(a)(1)–(4)), shall be applied by substituting ‘5 percentage ‘‘(C) the date the United States Depart- points’ for ‘3 percentage points’ in subpara- ‘‘(v) COORDINATION WITH RETIREMENT PLAN ment of State issues to the individual a cer- graph (B) thereof. RULES.—This subsection shall not apply to tificate of loss of nationality, or ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY an interest in a trust which is part of a re- ‘‘(D) the date a court of the United States PAID.—The balance in the tax deferred ac- tirement plan to which subsection (d)(2) ap- cancels a naturalized citizen’s certificate of count shall be reduced— plies. naturalization. ‘‘(I) by the amount of taxes imposed by ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- Subparagraph (A) or (B) shall not apply to subparagraph (A) on any distribution to the TEREST IN TRUST.— any individual unless the renunciation or person holding the trust interest, and ‘‘(A) DETERMINATIONS UNDER PARAGRAPH voluntary relinquishment is subsequently ‘‘(II) in the case of a person holding a non- (1).—For purposes of paragraph (1), a bene- approved by the issuance to the individual of vested interest, to the extent provided in ficiary’s interest in a trust shall be based a certificate of loss of nationality by the regulations, by the amount of taxes imposed upon all relevant facts and circumstances, United States Department of State. by subparagraph (A) on distributions from including the terms of the trust instrument

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4725 and any letter of wishes or similar docu- ‘‘(B) it is established to the satisfaction of compliance with section 877A (and if not in ment, historical patterns of trust distribu- the Secretary that no further tax liability compliance, any items of noncompliance) to tions, and the existence of and functions per- may arise by reason of this section. officers and employees of the Federal agency formed by a trust protector or any similar ‘‘(3) CERTAIN RULES APPLY.—The rules set responsible for administering section adviser. forth in paragraphs (1), (3), and (4) of section 212(a)(10)(E) of the Immigration and Nation- ‘‘(B) OTHER DETERMINATIONS.—For purposes 6324A(d) shall apply with respect to the lien ality Act solely for the purpose of, and to the of this section— imposed by this subsection as if it were a extent necessary in, administering such sec- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- lien imposed by section 6324A. tion 212(a)(10)(E).’’. ficiary of a trust is a corporation, partner- ‘‘(j) REGULATIONS.—The Secretary shall (B) SAFEGUARDS.—Section 6103(p)(4) (relat- ship, trust, or estate, the shareholders, part- prescribe such regulations as may be nec- ing to safeguards) is amended by striking ‘‘or ners, or beneficiaries shall be deemed to be essary or appropriate to carry out the pur- (20)’’ each place it appears and inserting the trust beneficiaries for purposes of this poses of this section.’’. ‘‘(20), or (21)’’. section. (b) INCLUSION IN INCOME OF GIFTS AND BE- (3) EFFECTIVE DATES.—The amendments ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- QUESTS RECEIVED BY UNITED STATES CITIZENS made by this subsection shall apply to indi- payer shall clearly indicate on its income AND RESIDENTS FROM EXPATRIATES.—Section viduals who relinquish United States citizen- tax return— 102 (relating to gifts, etc. not included in ship on or after the date of the enactment of ‘‘(I) the methodology used to determine gross income) is amended by adding at the this Act. end the following new subsection: that taxpayer’s trust interest under this sec- (e) CONFORMING AMENDMENTS.— ‘‘(d) GIFTS AND INHERITANCES FROM COV- tion, and (1) Section 877 is amended by adding at the ERED EXPATRIATES.— ‘‘(II) if the taxpayer knows (or has reason end the following new subsection: to know) that any other beneficiary of such ‘‘(1) IN GENERAL.—Subsection (a) shall not exclude from gross income the value of any ‘‘(h) APPLICATION.—This section shall not trust is using a different methodology to de- apply to an expatriate (as defined in section termine such beneficiary’s trust interest property acquired by gift, bequest, devise, or inheritance from a covered expatriate after 877A(e)) whose expatriation date (as so de- under this section. fined) occurs on or after the date of the en- ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In the expatriation date. For purposes of this actment of the Safe, Accountable, Flexible, the case of any covered expatriate, notwith- subsection, any term used in this subsection and Efficient Transportation Equity Act of standing any other provision of this title— which is also used in section 877A shall have 2005.’’. ‘‘(1) any period during which recognition of the same meaning as when used in section (2) Section 2107 is amended by adding at income or gain is deferred shall terminate on 877A. the end the following new subsection: the day before the expatriation date, and ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE ‘‘(f) APPLICATION.—This section shall not ‘‘(2) any extension of time for payment of SUBJECT TO ESTATE OR GIFT TAX.—Paragraph tax shall cease to apply on the day before the (1) shall not apply to any property if either— apply to any expatriate subject to section expatriation date and the unpaid portion of ‘‘(A) the gift, bequest, devise, or inherit- 877A.’’. such tax shall be due and payable at the time ance is— (3) Section 2501(a)(3) is amended by adding and in the manner prescribed by the Sec- ‘‘(i) shown on a timely filed return of tax at the end the following new subparagraph: retary. imposed by chapter 12 as a taxable gift by ‘‘(C) APPLICATION.—This paragraph shall ‘‘(h) IMPOSITION OF TENTATIVE TAX.— the covered expatriate, or not apply to any expatriate subject to sec- ‘‘(1) IN GENERAL.—If an individual is re- ‘‘(ii) included in the gross estate of the tion 877A.’’. quired to include any amount in gross in- covered expatriate for purposes of chapter 11 (f) CLERICAL AMENDMENT.—The table of come under subsection (a) for any taxable and shown on a timely filed return of tax im- sections for subpart A of part II of sub- year, there is hereby imposed, immediately posed by chapter 11 of the estate of the cov- chapter N of chapter 1 is amended by insert- before the expatriation date, a tax in an ered expatriate, or ing after the item relating to section 877 the amount equal to the amount of tax which ‘‘(B) no such return was timely filed but no following new item: would be imposed if the taxable year were a such return would have been required to be ‘‘Sec. 877A. Tax responsibilities of expatria- short taxable year ending on the expatria- filed even if the covered expatriate were a tion.’’. tion date. citizen or long-term resident of the United ‘‘(2) DUE DATE.—The due date for any tax States.’’. (g) EFFECTIVE DATE.— imposed by paragraph (1) shall be the 90th (c) DEFINITION OF TERMINATION OF UNITED (1) IN GENERAL.—Except as provided in this day after the expatriation date. STATES CITIZENSHIP.—Section 7701(a) is subsection, the amendments made by this ‘‘(3) TREATMENT OF TAX.—Any tax paid amended by adding at the end the following section shall apply to expatriates (within the under paragraph (1) shall be treated as a pay- new paragraph: meaning of section 877A(e) of the Internal ment of the tax imposed by this chapter for ‘‘(49) TERMINATION OF UNITED STATES CITI- Revenue Code of 1986, as added by this sec- the taxable year to which subsection (a) ap- ZENSHIP.— tion) whose expatriation date (as so defined) plies. ‘‘(A) IN GENERAL.—An individual shall not occurs on or after the date of the enactment ‘‘(4) DEFERRAL OF TAX.—The provisions of cease to be treated as a United States citizen of this Act. subsection (b) shall apply to the tax imposed before the date on which the individual’s (2) GIFTS AND BEQUESTS.—Section 102(d) of by this subsection to the extent attributable citizenship is treated as relinquished under the Internal Revenue Code of 1986 (as added to gain includible in gross income by reason section 877A(e)(3). by subsection (b)) shall apply to gifts and be- of this section. ‘‘(B) DUAL CITIZENS.—Under regulations quests received on or after the date of the ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX prescribed by the Secretary, subparagraph enactment of this Act, from an individual or AMOUNTS.— (A) shall not apply to an individual who be- the estate of an individual whose expatria- ‘‘(1) IMPOSITION OF LIEN.— came at birth a citizen of the United States tion date (as so defined) occurs after such ‘‘(A) IN GENERAL.—If a covered expatriate and a citizen of another country.’’. date. makes an election under subsection (a)(4) or (d) INELIGIBILITY FOR VISA OR ADMISSION TO (3) DUE DATE FOR TENTATIVE TAX.—The due (b) which results in the deferral of any tax UNITED STATES.— date under section 877A(h)(2) of the Internal imposed by reason of subsection (a), the de- (1) IN GENERAL.—Section 212(a)(10)(E) of the Revenue Code of 1986, as added by this sec- ferred amount (including any interest, addi- Immigration and Nationality Act (8 U.S.C. tion, shall in no event occur before the 90th tional amount, addition to tax, assessable 1182(a)(10)(E)) is amended to read as follows: day after the date of the enactment of this penalty, and costs attributable to the de- ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE Act. ferred amount) shall be a lien in favor of the WITH EXPATRIATION REVENUE PROVISIONS.— SEC. 5513. DISALLOWANCE OF DEDUCTION FOR United States on all property of the expa- Any alien who is a former citizen of the PUNITIVE DAMAGES. triate located in the United States (without United States who relinquishes United (a) DISALLOWANCE OF DEDUCTION.— regard to whether this section applies to the States citizenship (within the meaning of (1) IN GENERAL.—Section 162(g) (relating to property). section 877A(e)(3) of the Internal Revenue treble damage payments under the antitrust ‘‘(B) DEFERRED AMOUNT.—For purposes of Code of 1986) and who is not in compliance laws) is amended— this subsection, the deferred amount is the with section 877A of such Code (relating to (A) by redesignating paragraphs (1) and (2) amount of the increase in the covered expa- expatriation).’’. as subparagraphs (A) and (B), respectively, triate’s income tax which, but for the elec- (2) AVAILABILITY OF INFORMATION.— (B) by striking ‘‘If’’ and inserting: tion under subsection (a)(4) or (b), would (A) IN GENERAL.—Section 6103(l) (relating ‘‘(1) TREBLE DAMAGES.—If’’, and have occurred by reason of this section for to disclosure of returns and return informa- (C) by adding at the end the following new the taxable year including the expatriation tion for purposes other than tax administra- paragraph: date. tion) is amended by adding at the end the ‘‘(2) PUNITIVE DAMAGES.—No deduction ‘‘(2) PERIOD OF LIEN.—The lien imposed by following new paragraph: shall be allowed under this chapter for any this subsection shall arise on the expatria- ‘‘(21) DISCLOSURE TO DENY VISA OR ADMIS- amount paid or incurred for punitive dam- tion date and continue until— SION TO CERTAIN EXPATRIATES.—Upon written ages in connection with any judgment in, or ‘‘(A) the liability for tax by reason of this request of the Attorney General or the At- settlement of, any action. This paragraph section is satisfied or has become unenforce- torney General’s delegate, the Secretary shall not apply to punitive damages de- able by reason of lapse of time, or shall disclose whether an individual is in scribed in section 104(c).’’.

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(2) CONFORMING AMENDMENT.—The heading amount equal to the present value of such ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS for section 162(g) is amended by inserting right (or such other amount as the Secretary ADJUSTMENTS.—The form of a transaction ‘‘OR PUNITIVE DAMAGES’’ after ‘‘LAWS’’. may by regulations specify). For purposes of with a tax-indifferent party shall not be re- (b) INCLUSION IN INCOME OF PUNITIVE DAM- this subsection, the term ‘employer securi- spected if— AGES PAID BY INSURER OR OTHERWISE.— ties’ includes any security issued by the em- ‘‘(i) it results in an allocation of income or (1) IN GENERAL.—Part II of subchapter B of ployer.’’. gain to the tax-indifferent party in excess of chapter 1 (relating to items specifically in- (b) CONTROLLED GROUP RULES.—Section such party’s economic income or gain, or cluded in gross income) is amended by add- 414(t)(2) is amended by inserting ‘‘83(i),’’ ‘‘(ii) it results in a basis adjustment or ing at the end the following new section: after ‘‘79,’’. shifting of basis on account of overstating ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY (c) EFFECTIVE DATE.—The amendments the income or gain of the tax-indifferent INSURANCE OR OTHERWISE. made by this section shall apply to any ex- party. ‘‘Gross income shall include any amount change after the date of the enactment of ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For paid to or on behalf of a taxpayer as insur- this Act. purposes of this subsection— ance or otherwise by reason of the taxpayer’s PART II—ECONOMIC SUBSTANCE ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The liability (or agreement) to pay punitive dam- DOCTRINE term ‘economic substance doctrine’ means ages.’’. SEC. 5521. CLARIFICATION OF ECONOMIC SUB- the common law doctrine under which tax (2) REPORTING REQUIREMENTS.—Section 6041 STANCE DOCTRINE. benefits under subtitle A with respect to a (relating to information at source) is amend- (a) IN GENERAL.—Section 7701 is amended transaction are not allowable if the trans- ed by adding at the end the following new by redesignating subsection (o) as subsection action does not have economic substance or subsection: (p) and by inserting after subsection (n) the lacks a business purpose. ‘‘(f) SECTION TO APPLY TO PUNITIVE DAM- following new subsection: ‘‘(B) TAX-INDIFFERENT PARTY.—The term AGES COMPENSATION.—This section shall ‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE ‘tax-indifferent party’ means any person or apply to payments by a person to or on be- DOCTRINE; ETC.— entity not subject to tax imposed by subtitle half of another person as insurance or other- ‘‘(1) GENERAL RULES.— A. A person shall be treated as a tax-indif- wise by reason of the other person’s liability ‘‘(A) IN GENERAL.—In any case in which a ferent party with respect to a transaction if (or agreement) to pay punitive damages.’’. court determines that the economic sub- the items taken into account with respect to (3) CONFORMING AMENDMENT.—The table of stance doctrine is relevant for purposes of the transaction have no substantial impact sections for part II of subchapter B of chap- this title to a transaction (or series of trans- on such person’s liability under subtitle A. ter 1 is amended by adding at the end the fol- actions), such transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- lowing new item: actions) shall have economic substance only ACTIONS OF INDIVIDUALS.—In the case of an ‘‘Sec. 91. Punitive damages compensated by if the requirements of this paragraph are individual, this subsection shall apply only insurance or otherwise.’’. met. to transactions entered into in connection ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— with a trade or business or an activity en- (c) EFFECTIVE DATE.—The amendments made by this section shall apply to damages For purposes of subparagraph (A)— gaged in for the production of income. paid or incurred on or after the date of the ‘‘(i) IN GENERAL.—A transaction has eco- ‘‘(D) TREATMENT OF LESSORS.—In applying enactment of this Act. nomic substance only if— paragraph (1)(B)(ii) to the lessor of tangible ‘‘(I) the transaction changes in a meaning- property subject to a lease— SEC. 5514. APPLICATION OF EARNINGS STRIP- ful way (apart from Federal tax effects) the ‘‘(i) the expected net tax benefits with re- PING RULES TO PARTNERS WHICH ARE C CORPORATIONS. taxpayer’s economic position, and spect to the leased property shall not include ‘‘(II) the taxpayer has a substantial nontax the benefits of— (a) IN GENERAL.—Section 163(j) (relating to limitation on deduction for interest on cer- purpose for entering into such transaction ‘‘(I) depreciation, tain indebtedness) is amended by redesig- and the transaction is a reasonable means of ‘‘(II) any tax credit, or nating paragraph (8) as paragraph (9) and by accomplishing such purpose. ‘‘(III) any other deduction as provided in inserting after paragraph (7) the following In applying subclause (II), a purpose of guidance by the Secretary, and new paragraph: achieving a financial accounting benefit ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) shall be disregarded in determining whether ‘‘(8) ALLOCATIONS TO CERTAIN CORPORATE shall not be taken into account in deter- any of such benefits are allowable. PARTNERS.—If a C corporation is a partner in mining whether a transaction has a substan- a partnership— tial nontax purpose if the origin of such fi- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- ‘‘(A) the corporation’s allocable share of nancial accounting benefit is a reduction of FECTED.—Except as specifically provided in indebtedness and interest income of the part- income tax. this subsection, the provisions of this sub- nership shall be taken into account in apply- ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES section shall not be construed as altering or ing this subsection to the corporation, and ON PROFIT POTENTIAL.—A transaction shall supplanting any other rule of law, and the ‘‘(B) if a deduction is not disallowed under not be treated as having economic substance requirements of this subsection shall be con- this subsection with respect to any interest by reason of having a potential for profit un- strued as being in addition to any such other expense of the partnership, this subsection less— rule of law. shall be applied separately in determining ‘‘(I) the present value of the reasonably ex- ‘‘(5) REGULATIONS.—The Secretary shall whether a deduction is allowable to the cor- pected pre-tax profit from the transaction is prescribe such regulations as may be nec- poration with respect to the corporation’s al- substantial in relation to the present value essary or appropriate to carry out the pur- locable share of such interest expense.’’. of the expected net tax benefits that would poses of this subsection. Such regulations (b) EFFECTIVE DATE.—The amendments be allowed if the transaction were respected, may include exemptions from the applica- made by this section shall apply to taxable and tion of this subsection.’’. FFECTIVE DATE.—The amendments years beginning on or after the date of the ‘‘(II) the reasonably expected pre-tax profit (b) E made by this section shall apply to trans- enactment of this Act. from the transaction exceeds a risk-free rate of return. actions entered into after the date of the en- SEC. 5515. PROHIBITION ON DEFERRAL OF GAIN actment of this Act. FROM THE EXERCISE OF STOCK OP- ‘‘(C) TREATMENT OF FEES AND FOREIGN TIONS AND RESTRICTED STOCK TAXES.—Fees and other transaction expenses SEC. 5522. PENALTY FOR UNDERSTATEMENTS AT- GAINS THROUGH DEFERRED COM- and foreign taxes shall be taken into account TRIBUTABLE TO TRANSACTIONS PENSATION ARRANGEMENTS. LACKING ECONOMIC SUBSTANCE, as expenses in determining pre-tax profit ETC. (a) IN GENERAL.—Section 83 (relating to under subparagraph (B)(ii). (a) IN GENERAL.—Subchapter A of chapter property transferred in connection with per- ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH 68 is amended by inserting after section formance of services) is amending by adding TAX-INDIFFERENT PARTIES.— 6662A the following new section: at the end the following new subsection: ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- ‘‘(i) PROHIBITION ON ADDITIONAL DEFERRAL ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ACTIONS.—The form of a transaction which is ATTRIBUTABLE TO TRANSACTIONS THROUGH DEFERRED COMPENSATION ARRANGE- in substance the borrowing of money or the LACKING ECONOMIC SUBSTANCE, MENTS.—If a taxpayer exchanges— acquisition of financial capital directly or ETC. ‘‘(1) an option to purchase employer securi- indirectly from a tax-indifferent party shall ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer ties— not be respected if the present value of the has an noneconomic substance transaction ‘‘(A) to which subsection (a) applies, or deductions to be claimed with respect to the understatement for any taxable year, there ‘‘(B) which is described in subsection (e)(3), transaction is substantially in excess of the shall be added to the tax an amount equal to or present value of the anticipated economic re- 40 percent of the amount of such understate- ‘‘(2) employer securities or any other prop- turns of the person lending the money or ment. erty based on employer securities trans- providing the financial capital. A public of- ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED ferred to the taxpayer, fering shall be treated as a borrowing, or an TRANSACTIONS.—Subsection (a) shall be ap- for a right to receive future payments, then, acquisition of financial capital, from a tax- plied by substituting ‘20 percent’ for ‘40 per- notwithstanding any other provision of this indifferent party if it is reasonably expected cent’ with respect to the portion of any non- title, there shall be included in gross income that at least 50 percent of the offering will be economic substance transaction understate- for the taxable year of the exchange an placed with tax-indifferent parties. ment with respect to which the relevant

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4727 facts affecting the tax treatment of the item (B) by striking subparagraph (C) and in- ‘‘(D) to file a return of tax imposed under are adequately disclosed in the return or a serting the following new subparagraphs: this title by its due date (including exten- statement attached to the return. ‘‘(C) is required to pay a penalty under sec- sions), or’’. ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION tion 6662B with respect to any noneconomic (b) CONFORMING AMENDMENT.—The heading UNDERSTATEMENT.—For purposes of this sec- substance transaction, or for section 6159(b)(4) is amended by striking tion— ‘‘(D) is required to pay a penalty under sec- ‘‘FAILURE TO PAY AN INSTALLMENT OR ANY ‘‘(1) IN GENERAL.—The term ‘noneconomic tion 6662(h) with respect to any transaction OTHER TAX LIABILITY WHEN DUE OR TO PROVIDE substance transaction understatement’ and would (but for section 6662A(e)(2)(C)) REQUESTED FINANCIAL INFORMATION’’ and in- means any amount which would be an under- have been subject to penalty under section serting ‘‘FAILURE TO MAKE PAYMENTS OR DE- statement under section 6662A(b)(1) if section 6662A at a rate prescribed under section POSITS OR FILE RETURNS WHEN DUE OR TO PRO- 6662A were applied by taking into account 6662A(c) or under section 6662B,’’. VIDE REQUESTED FINANCIAL INFORMATION’’. items attributable to noneconomic sub- (c) CLERICAL AMENDMENT.—The table of (c) EFFECTIVE DATE.—The amendments stance transactions rather than items to sections for part II of subchapter A of chap- made by this section shall apply to failures which section 6662A would apply without re- ter 68 is amended by inserting after the item occurring on or after the date of the enact- gard to this paragraph. relating to section 6662A the following new ment of this Act. ‘‘(2) NONECONOMIC SUBSTANCE TRANS- item: SEC. 5533. OFFICE OF CHIEF COUNSEL REVIEW ACTION.—The term ‘noneconomic substance ‘‘Sec. 6662B. Penalty for understatements OF OFFERS-IN-COMPROMISE. transaction’ means any transaction if— attributable to transactions (a) IN GENERAL.—Section 7122(b) (relating ‘‘(A) there is a lack of economic substance lacking economic substance, to record) is amended by striking ‘‘Whenever (within the meaning of section 7701(o)(1)) for etc.’’. a compromise’’ and all that follows through the transaction giving rise to the claimed ‘‘his delegate’’ and inserting ‘‘If the Sec- benefit or the transaction was not respected (d) EFFECTIVE DATE.—The amendments retary determines that an opinion of the under section 7701(o)(2), or made by this section shall apply to trans- General Counsel for the Department of the ‘‘(B) the transaction fails to meet the re- actions entered into after the date of the en- Treasury, or the Counsel’s delegate, is requirements of any similar rule of law. actment of this Act. quired with respect to a compromise, there ‘‘(d) RULES APPLICABLE TO COMPROMISE OF SEC. 5523. DENIAL OF DEDUCTION FOR INTEREST shall be placed on file in the office of the PENALTY.— ON UNDERPAYMENTS ATTRIB- Secretary such opinion’’. UTABLE TO NONECONOMIC SUB- ‘‘(1) IN GENERAL.—If the 1st letter of pro- (b) CONFORMING AMENDMENTS.—Section STANCE TRANSACTIONS. posed deficiency which allows the taxpayer 7122(b) is amended by striking the second and an opportunity for administrative review in (a) IN GENERAL.—Section 163(m) (relating to interest on unpaid taxes attributable to third sentences. the Internal Revenue Service Office of Ap- (c) EFFECTIVE DATE.—The amendments nondisclosed reportable transactions) is peals has been sent with respect to a penalty made by this section shall apply to offers-in- amended— to which this section applies, only the Com- compromise submitted or pending on or after (1) by striking ‘‘attributable’’ and all that missioner of Internal Revenue may com- the date of the enactment of this Act. promise all or any portion of such penalty. follows and inserting the following: ‘‘attributable to— SEC. 5534. PARTIAL PAYMENTS REQUIRED WITH ‘‘(2) APPLICABLE RULES.—The rules of para- SUBMISSION OF OFFERS-IN-COM- graphs (2) and (3) of section 6707A(d) shall ‘‘(1) the portion of any reportable trans- PROMISE. apply for purposes of paragraph (1). action understatement (as defined in section (a) IN GENERAL.—Section 7122 (relating to ‘‘(e) COORDINATION WITH OTHER PEN- 6662A(b)) with respect to which the require- compromises), as amended by this Act, is ALTIES.—Except as otherwise provided in this ment of section 6664(d)(2)(A) is not met, or amended by redesignating subsections (c), part, the penalty imposed by this section ‘‘(2) any noneconomic substance trans- (d), and (e) as subsections (d), (e), and (f), re- shall be in addition to any other penalty im- action understatement (as defined in section spectively, and by inserting after subsection posed by this title. 6662B(c)).’’, and (b) the following new subsection: ‘‘(f) CROSS REFERENCES.— (2) by inserting ‘‘AND NONECONOMIC SUB- ‘‘(c) RULES FOR SUBMISSION OF OFFERS-IN- ‘‘(1) For coordination of penalty with un- STANCE TRANSACTIONS’’ in the heading there- COMPROMISE.— derstatements under section 6662 and other of after ‘‘TRANSACTIONS’’. ‘‘(1) PARTIAL PAYMENT REQUIRED WITH SUB- special rules, see section 6662A(e). (b) EFFECTIVE DATE.—The amendments MISSION.— ‘‘(2) For reporting of penalty imposed made by this section shall apply to trans- ‘‘(A) LUMP-SUM OFFERS.— under this section to the Securities and Ex- actions after the date of the enactment of ‘‘(i) IN GENERAL.—The submission of any change Commission, see section 6707A(e).’’. this Act in taxable years ending after such lump-sum offer-in-compromise shall be ac- (b) COORDINATION WITH OTHER UNDERSTATE- date. companied by the payment of 20 percent of MENTS AND PENALTIES.— PART III—IMPROVEMENTS IN EFFICIENCY amount of such offer. (1) The second sentence of section AND SAFEGUARDS IN INTERNAL REV- ‘‘(ii) LUMP-SUM OFFER-IN-COMPROMISE.—For 6662(d)(2)(A) is amended by inserting ‘‘and ENUE SERVICE COLLECTION purposes of this section, the term ‘lump-sum without regard to items with respect to SEC. 5531. WAIVER OF USER FEE FOR INSTALL- offer-in-compromise’ means any offer of pay- which a penalty is imposed by section 6662B’’ MENT AGREEMENTS USING AUTO- ments made in 5 or fewer installments. before the period at the end. MATED WITHDRAWALS. ‘‘(B) PERIODIC PAYMENT OFFERS.—The sub- (2) Subsection (e) of section 6662A is (a) IN GENERAL.—Section 6159 (relating to mission of any periodic payment offer-in- amended— agreements for payment of tax liability in compromise shall be accompanied by the (A) in paragraph (1), by inserting ‘‘and non- installments) is amended by redesignating payment of the amount of the first proposed economic substance transaction understate- subsection (e) as subsection (f) and by insert- installment and each proposed installment ments’’ after ‘‘reportable transaction under- ing after subsection (d) the following: due during the period such offer is being statements’’ both places it appears, ‘‘(e) WAIVER OF USER FEES FOR INSTALL- evaluated for acceptance and has not been (B) in paragraph (2)(A), by inserting ‘‘and a MENT AGREEMENTS USING AUTOMATED WITH- rejected by the Secretary. Any failure to noneconomic substance transaction under- DRAWALS.—In the case of a taxpayer who en- make a payment required under the pre- statement’’ after ‘‘reportable transaction un- ters into an installment agreement in which ceding sentence shall be deemed a with- derstatement’’, automated installment payments are agreed drawal of the offer-in-compromise. (C) in paragraph (2)(B), by inserting ‘‘6662B to, the Secretary shall waive the fee (if any) ‘‘(2) RULES OF APPLICATION.— or’’ before ‘‘6663’’, for entering into the installment agree- ‘‘(A) USE OF PAYMENT.—The application of (D) in paragraph (2)(C)(i), by inserting ‘‘or ment.’’. any payment made under this subsection to section 6662B’’ before the period at the end, (b) EFFECTIVE DATE.—The amendments the assessed tax or other amounts imposed (E) in paragraph (2)(C)(ii), by inserting made by this section shall apply to agree- under this title with respect to such tax may ‘‘and section 6662B’’ after ‘‘This section’’, ments entered into on or after the date be specified by the taxpayer. (F) in paragraph (3), by inserting ‘‘or non- which is 180 days after the date of the enact- ‘‘(B) NO USER FEE IMPOSED.—Any user fee economic substance transaction understatement of this Act. which would otherwise be imposed under this ment’’ after ‘‘reportable transaction under- SEC. 5532. TERMINATION OF INSTALLMENT section shall not be imposed on any offer-in- statement’’, and AGREEMENTS. compromise accompanied by a payment re- (G) by adding at the end the following new (a) IN GENERAL.—Section 6159(b)(4) (relat- quired under this subsection.’’. paragraph: ing to failure to pay an installment or any (b) ADDITIONAL RULES RELATING TO TREAT- ‘‘(4) NONECONOMIC SUBSTANCE TRANSACTION other tax liability when due or to provide re- MENT OF OFFERS.— UNDERSTATEMENT.—For purposes of this sub- quested financial information) is amended by (1) UNPROCESSABLE OFFER IF PAYMENT RE- section, the term ‘noneconomic substance striking ‘‘or’’ at the end of subparagraph (B), QUIREMENTS ARE NOT MET.—Paragraph (3) of transaction understatement’ has the mean- by redesignating subparagraph (C) as subsection 7122(d) (relating to standards for ing given such term by section 6662B(c).’’. paragraph (E), and by inserting after sub- evaluation of offers), as redesignated by sub- (3) Subsection (e) of section 6707A is paragraph (B) the following: section (a), is amended by striking ‘‘; and’’ at amended— ‘‘(C) to make a Federal tax deposit under the end of subparagraph (A) and inserting a (A) by striking ‘‘or’’ at the end of subpara- section 6302 at the time such deposit is re- comma, by striking the period at the end of graph (B), and quired to be made, subparagraph (B) and inserting ‘‘, and’’, and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4728 CONGRESSIONAL RECORD — SENATE May 9, 2005 by adding at the end the following new sub- the period during which review of such offers (B) Section 4081(a)(4) is amended by strik- paragraph: have remained pending, and the efforts the ing ‘‘paragraph (2)(C)’’ and inserting ‘‘para- ‘‘(C) any offer-in-compromise which does Internal Revenue Service has made to cor- graph (2)(C)(i)’’. not meet the requirements of subsection (c) rectly identify such offers, including the (C) The heading for paragraph (4) of section shall be returned to the taxpayer as training of employees in identifying and 4081(a) is amended by striking ‘‘AVIATION- unprocessable.’’. evaluating such offers.’’. GRADE’’. (2) DEEMED ACCEPTANCE OF OFFER NOT RE- (2) EFFECTIVE DATE.—The amendment (D) Section 4081(d)(2), as amended by this JECTED WITHIN CERTAIN PERIOD.—Section 7122, made by paragraph (1) shall apply to reports Act, is amended by striking so much as pre- as amended by subsection (a), is amended by in calendar year 2006 and thereafter. cedes subparagraph (A) and inserting the fol- adding at the end the following new sub- Subtitle F—Additional Revenue Provisions lowing: section: PART I—GENERAL PROVISIONS ‘‘(2) AVIATION FUELS.—The rates of tax ‘‘(g) DEEMED ACCEPTANCE OF OFFER NOT specified in subsections (a)(2)(A)(ii) and SEC. 5601. SUSPENSION OF TRANSFERS FROM (a)(2)(C)(ii) shall be 4.3 cents per gallon—’’. REJECTED WITHIN CERTAIN PERIOD.—Any HIGHWAY TRUST FUND FOR CER- offer-in-compromise submitted under this TAIN REPAYMENTS AND CREDITS. (E) Subsection (e) of section 4082 is amend- section shall be deemed to be accepted by (a) IN GENERAL.—Section 9503(c)(2)(A) (reed— the Secretary if such offer is not rejected by lating to transfers from Highway Trust Fund (i) by striking ‘‘aviation-grade’’, the Secretary before the date which is 24 for certain repayments and credits) is (ii) by striking ‘‘section 4081(a)(2)(A)(iv)’’ months after the date of the submission of amended— and inserting ‘‘section 4081(a)(2)(A)(iii)’’, and such offer (12 months for offers-in-com- (1) by striking ‘‘July 1, 2006’’ in clause (i) (iii) by striking ‘‘AVIATION-GRADE KER- promise submitted after the date which is 5 and inserting ‘‘July 1, 2012’’, OSENE’’ in the heading thereof and inserting years after the date of the enactment of this (2) by striking ‘‘October 1, 2005’’ in the ‘‘KEROSENE REMOVED INTO AN AIRCRAFT’’. subsection). For purposes of the preceding matter following clause (i)(III) and inserting (b) REDUCED RATE FOR USE OF CERTAIN LIQ- sentence, any period during which any tax li- ‘‘April 1, 2005, or for periods ending after UIDS IN AVIATION.— (1) IN GENERAL.—Subsection (c) of section ability which is the subject of such offer-in- September 30, 2009, and before October 1, 4041 (relating to imposition of tax) is amend- compromise is in dispute in any judicial pro- 2011’’, and ed— ceeding shall not be taken in to account in (3) by striking ‘‘October 1, 2005’’ in clause (A) by striking ‘‘aviation-grade kerosene’’ determining the expiration of the 24-month (ii) and inserting ‘‘April 1, 2005, or used after in paragraph (1) and inserting ‘‘any liquid period (or 12-month period, if applicable).’’. September 30, 2009, and before October 1, (c) EFFECTIVE DATE.—The amendments other than aviation gasoline’’, 2011’’. (B) by striking ‘‘aviation-grade kerosene’’ made by this section shall apply to offers-in- (b) EFFECTIVE DATE.—The amendments compromise submitted on and after the date made by this section shall apply to amounts in paragraph (2) and inserting ‘‘liquid other which is 60 days after the date of the enact- paid for which no transfer has been made be- than aviation gasoline’’, ment of this Act. fore April 1, 2005. (C) by striking paragraph (3) and inserting the following new paragraph: SEC. 5535. JOINT TASK FORCE ON OFFERS-IN- SEC. 5602. TEMPORARY DEDICATION OF GAS GUZ- COMPROMISE. ZLER TAX TO HIGHWAY TRUST ‘‘(3) RATE OF TAX.—The rate of tax imposed (a) IN GENERAL.—The Secretary of the FUND. by this subsection shall be 21.8 cents per gal- Treasury shall establish a joint task force— (a) IN GENERAL.—Section 9503(b)(1) (relat- lon (4.3 cents per gallon with respect to any (1) to review the Internal Revenue Serv- ing to transfer to Highway Trust Fund of sale or use for commercial aviation).’’, and ice’s determinations with respect to offers- amounts equivalent to certain taxes), as (D) by striking ‘‘AVIATION-GRADE KER- in-compromise, including offers which raise amended by this Act, is amended by redesig- OSENE’’ in the heading thereof and inserting equitable, public policy, or economic hard- nating subparagraphs (C), (D), and (E) as sub- ‘‘CERTAIN LIQUIDS USED IN AVIATION’’. ship grounds for compromise of a tax liabil- paragraphs (D), (E), and (F), respectively, (2) PARTIAL REFUND OF FULL RATE.— ity under section 7122 of the Internal Rev- and by inserting after subparagraph (B) the (A) IN GENERAL.—Paragraph (2) of section enue Code of 1986, following new subparagraph: 6427(l) (relating to nontaxable uses of diesel (2) to review the extent to which the Inter- ‘‘(C) section 4064 (relating to gas guzzler fuel, kerosene and aviation fuel) is amended nal Revenue Service has used its authority tax),’’. to read as follows: to resolve longstanding cases by forgoing (b) TEMPORARY PERIOD FOR DEDICATION.— ‘‘(2) NONTAXABLE USE.—For purposes of this penalties and interest which have accumu- Section 9503(b)(4) (relating to certain taxes subsection, the term ‘nontaxable use’ means lated as a result of delay in determining the not transferred to Highway Trust Fund) is any use which is exempt from the tax im- taxpayer’s liability, amended by redesignating subparagraphs (B), posed by section 4041(a)(1) other than by rea- (3) to provide recommendations as to (C), and (D) as subparagraphs (C), (D), and son of a prior imposition of tax.’’. whether the Internal Revenue Service’s eval- (E), respectively, and by inserting after sub- (B) REFUNDS FOR NONCOMMERCIAL AVIA- uation of offers-in-compromise should in- paragraph (A) the following new subpara- TION.—Section 6427(l) (relating to nontaxable clude— graph: uses of diesel fuel, kerosene and aviation (A) the taxpayer’s compliance history, ‘‘(B) section 4064 with respect to taxes im- fuel) is amended by redesignating paragraph (B) errors by the Internal Revenue Service posed after September 30, 2009,’’. (5) as paragraph (6) and by inserting after with respect to the underlying tax, and (c) EFFECTIVE DATE.—The amendments paragraph (4) the following new paragraph: (C) wrongful acts by a third party which made by this section shall apply to taxes im- ‘‘(5) REFUNDS FOR KEROSENE USED IN NON- gave rise to the liability, and posed on and after July 1, 2005. COMMERCIAL AVIATION.— (4) to annually report to the Committee on PART II—PROVISIONS TO COMBAT FUEL ‘‘(A) IN GENERAL.—In the case of kerosene Finance of the Senate and the Committee on FRAUD used in aviation not described in paragraph Ways and Means of the House of Representa- SEC. 5611. TREATMENT OF KEROSENE FOR USE (4)(A) (other than any use which is exempt tives (beginning in 2006) regarding such re- IN AVIATION. from the tax imposed by section 4041(c) other view and recommendations. (a) ALL KEROSENE TAXED AT HIGHEST than by reason of a prior imposition of tax), (b) MEMBERS OF JOINT TASK FORCE.—The RATE.— paragraph (1) shall not apply to so much of membership of the joint task force under (1) IN GENERAL.—Section 4081(a)(2)(A) (re- the tax imposed by section 4081 as is attrib- subsection (a) shall consist of 1 representa- lating to rates of tax) is amended by adding utable to— tive each from the Department of the Treas- ‘‘and’’ at the end of clause (ii), by striking ‘‘, ‘‘(i) the Leaking Underground Storage ury, the Internal Revenue Service Oversight and’’ at the end of clause (iii) and inserting Tank Trust Fund financing rate imposed by Board, the Office of the Chief Counsel for the a period, and by striking clause (iv). such section, and Internal Revenue Service, the Office of the (2) EXCEPTION FOR USE IN AVIATION.—Sub- ‘‘(ii) so much of the rate of tax specified in Taxpayer Advocate, the Office of Appeals, paragraph (C) of section 4081(a)(2), as amend- section 4081(a)(2)(A)(iii) as does not exceed and the division of the Internal Revenue ed by this Act, is amended to read as follows: the rate specified in section 4081(a)(2)(C)(ii). Service charged with operating the offer-in- ‘‘(C) TAXES IMPOSED ON FUEL USED IN AVIA- ‘‘(B) PAYMENT TO ULTIMATE, REGISTERED compromise program. TION.—In the case of kerosene which is re- VENDOR.—The amount which would be paid (c) REPORT OF NATIONAL TAXPAYER ADVO- moved from any refinery or terminal di- under paragraph (1) with respect to any ker- CATE.— rectly into the fuel tank of an aircraft for osene shall be paid to the ultimate vendor of (1) IN GENERAL.—Clause (ii) of section use in aviation, the rate of tax under sub- such kerosene, if such vendor— 7803(c)(2)(B) (relating to annual reports) is paragraph (A)(iii) shall be— ‘‘(i) is registered under section 4101, and amended by striking ‘‘and’’ at the end of sub- ‘‘(i) in the case of use for commercial avia- ‘‘(ii) meets the requirements of subpara- clause (X), by redesignating subclause (XI) as tion by a person registered for such use graph (A), (B), or (D) of section 6416(a)(1).’’. subclause (XII), and by inserting after sub- under section 4101, 4.3 cents per gallon, and (3) CONFORMING AMENDMENTS.— clause (X) the following new subclause: ‘‘(ii) in the case of use for aviation not de- (A) Section 4041(a)(1)(B) is amended by ‘‘(XI) include a list of the factors taxpayers scribed in clause (i), 21.8 cents per gallon.’’. striking the last sentence. have raised to support their claims for of- (3) CONFORMING AMENDMENTS.— (B) The heading for subsection (l) of sec- fers-in-compromise relief, the number of (A) Sections 4081(a)(3)(A) and 4082(b) are tion 6427 is amended by striking ‘‘, KEROSENE such offers submitted, accepted, and re- amended by striking ‘‘aviation-grade’’ each AND AVIATION FUEL’’ and inserting ‘‘AND jected, the number of such offers appealed, place it appears. KEROSENE’’.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4729 (C) Section 4082(d)(2)(B) is amended by SEC. 5613. REFUNDS OF EXCISE TAXES ON EX- fund made under section 6416(a)(4) and any striking ‘‘section 6427(l)(5)(B)’’ and inserting EMPT SALES OF FUEL BY CREDIT portion’’, ‘‘section 6427(l)(6)(B)’’. CARD. (B) by striking ‘‘payments under sections (D) Section 6427(i)(4)(A) is amended— (a) GASOLINE.— 6420’’ in the first sentence and inserting ‘‘re- (i) by striking ‘‘paragraph (4)(B) or (5)’’ (1) IN GENERAL.—Paragraph (4) of section funds under section 6416(a)(4) and payments both places it appears and inserting ‘‘para- 6416(a) (relating to condition to allowance) is under sections 6420’’, graph (4)(B), (5), or (6)’’, and amended— (C) by striking ‘‘section 6420’’ in the second (ii) by striking ‘‘subsection (b)(4) and sub- (A) by inserting ‘‘except as provided in sub- sentence and inserting ‘‘section 6416(a)(4), section (l)(5)’’ in the last sentence and in- paragraph (B),’’ after ‘‘For purposes of this 6420’’, and serting ‘‘subsections (b)(4), (l)(5), and (l)(6)’’. subsection,’’ in subparagraph (A), (D) by striking ‘‘SECTIONS 6420, 6421, (E) Paragraph (4) of section 6427(l) is (B) by redesignating subparagraph (B) as AND 6427’’ in the heading thereof and insert- amended— subparagraph (C) and by inserting after sub- ing ‘‘CERTAIN SECTIONS’’. (i) by striking ‘‘aviation-grade’’ in subparagraph (A) the following new subpara- (2) Section 6675(a) is amended by inserting paragraph (A), graph: ‘‘section 6416(a)(4) (relating to certain sales (ii) by striking ‘‘section 4081(a)(2)(A)(iv)’’ ‘‘(B) CREDIT CARD ISSUER.—For purposes of of gasoline),’’ after ‘‘made under’’. and inserting ‘‘section 4081(a)(2)(iii)’’, this subsection, if the sale of gasoline de- (3) Section 6675(b)(1) is amended by insert- (iii) by striking ‘‘aviation-grade kerosene’’ scribed in subparagraph (A) (determined ing ‘‘6416(a)(4),’’ after ‘‘under section’’. in subparagraph (B) and inserting ‘‘kerosene without regard to the registration status of (4) The item relating to section 6206 in the used in commercial aviation as described in the ultimate vendor) is made by means of a table of sections for subchapter A of chapter subparagraph (A)’’, and credit card issued to the ultimate purchaser, 63 is amended by striking ‘‘sections 6420, (iv) by striking ‘‘AVIATION-GRADE KER- paragraph (1) shall not apply and the person 6421, and 6427’’ and inserting ‘‘certain sec- OSENE’’ in the heading thereof and inserting extending the credit to the ultimate pur- tions’’. ‘‘KEROSENE USED IN COMMERCIAL AVIATION’’. chaser shall be treated as the person (and the (d) EFFECTIVE DATE.—The amendments (F) Section 6427(l)(6)(B), as redesignated by only person) who paid the tax, but only if made by this section shall apply to sales paragraph (2)(B), is amended by striking such person— after December 31, 2005. ‘‘aviation-grade kerosene’’ and inserting ‘‘(i) is registered under section 4101, and SEC. 5614. ADDITIONAL REQUIREMENT FOR EX- ‘‘kerosene used in aviation’’. ‘‘(ii) has established, under regulations EMPT PURCHASES. (c) TRANSFERS FROM HIGHWAY TRUST FUND prescribed by the Secretary, that such per- (a) STATE AND LOCAL GOVERNMENTS.— OF TAXES ON FUELS USED IN AVIATION TO AIR- son— (1) Subparagraph (C) of section 6416(b)(2) PORT AND AIRWAY TRUST FUND.— ‘‘(I) has not collected the amount of the (relating to specified uses and resales) is (1) IN GENERAL.—Section 9503(c) (relating tax from the person who purchased such arti- amended to read as follows: to expenditures from Highway Trust Fund), cle, or ‘‘(C) sold to a State or local government as amended by this Act, is amended by add- ‘‘(II) has obtained the written consent from for the exclusive use of a State or local gov- ing at the end the following new paragraph: the ultimate purchaser to the allowance of ernment (as defined in section 4221(d)(4) and ‘‘(7) TRANSFERS FROM THE TRUST FUND FOR the credit or refund, and certified as such by the State) or sold to a CERTAIN AVIATION FUEL TAXES.—The Sec- ‘‘(iii) has so established that such person— qualified volunteer fire department (as de- retary shall pay from time to time from the ‘‘(I) has repaid or agreed to repay the fined in section 150(e)(2) and certified as such Highway Trust Fund into the Airport and amount of the tax to the ultimate vendor, by the State) for its exclusive use;’’. Airway Trust Fund amounts (as determined ‘‘(II) has obtained the written consent of (2) Section 4041(g)(2) (relating to other ex- by the Secretary) equivalent to the taxes re- the ultimate vendor to the allowance of the emptions) is amended by striking ‘‘or the ceived on or after October 1, 2005, and before credit or refund, or District of Columbia’’ and inserting ‘‘the October 1, 2011, under sections 4041 and 4081 ‘‘(III) has otherwise made arrangements District of Columbia, or a qualified volun- with respect to fuels used in a nontaxable which directly or indirectly assure the ulti- teer fire department (as defined in section use (as described in section 6427(l)(2)(B)) to mate vendor of reimbursement of such tax.’’, 150(e)(2)) (and certified as such by the State the extent such amounts exceed the amounts (C) by striking ‘‘subparagraph (A)’’ in sub- or the District of Columbia)’’. paid with respect to such use under para- paragraph (C), as redesignated by paragraph (b) NONPROFIT EDUCATIONAL ORGANIZA- graphs (4) and (5) of section 6427(l).’’. (2), and inserting ‘‘subparagraph (A) or (B)’’, TIONS.— (2) CONFORMING AMENDMENTS.— (D) by inserting ‘‘or credit card issuer’’ (1) Section 6416(b)(2)(D) is amended by in- (A) Section 9502(a) is amended by striking after ‘‘vendor’’ in subparagraph (C), as so re- serting ‘‘(as defined in section 4221(d)(5) and ‘‘appropriated or credited to the Airport and designated, and certified to be in good standing by the State Airway Trust Fund as provided in this sec- (E) by inserting ‘‘OR CREDIT CARD ISSUER’’ in which such organization is providing edu- tion or section 9602(b)’’ and inserting ‘‘appro- after ‘‘VENDOR’’ in the heading thereof. cational services)’’ after ‘‘organization’’. priated, credited, or paid into the Airport (2) CONFORMING AMENDMENT.—Section (2) Section 4041(g)(4) is amendedl and Airway Trust Fund as provided in this 6416(b)(2) is amended by adding at the end (A) by inserting ‘‘(certified to be in good section, section 9503(c)(7), or section 9602(b)’’. the following new sentence: ‘‘Subparagraphs standing by the State in which such organi- (B) Section 9502(b)(1) is amended— (C) and (D) shall not apply in the case of any zation is providing educational services)’’ (i) by striking ‘‘subsections (c) and (e) of tax imposed on gasoline under section 4081 if after ‘‘organization’’ the first place it ap- section 4041’’ in subparagraph (A) and insert- the requirements of subsection (a)(4) are not pears, and ing ‘‘section 4041(c)’’, and met.’’ (B) by striking ‘‘use by a’’ and inserting (ii) by striking ‘‘and aviation-grade ker- (b) DIESEL FUEL OR KEROSENE.—Paragraph ‘‘use by such a’’. osene’’ in subparagraph (C) and inserting (6) of section 6427(l) (relating to nontaxable (c) EFFECTIVE DATE.—The amendments ‘‘and kerosene to the extent attributable to uses of diesel fuel and kerosene), as redesig- made by this section shall apply to sales the rate specified in section 4081(a)(2)(C)’’. nated by section 5611, is amended— after December 31, 2005. (C) Section 9503(b) is amended by striking (1) by striking ‘‘The amount’’ in subpara- SEC. 5615. REREGISTRATION IN EVENT OF paragraph (3). graph (C) and inserting ‘‘Except as provided CHANGE IN OWNERSHIP. (d) EFFECTIVE DATE.—The amendments in subparagraph (D), the amount’’, and (a) IN GENERAL.—Section 4101(a) (relating made by this section shall apply to fuels or (2) by adding at the end the following new to registration) is amended by adding at the liquids removed, entered, or sold after Sep- subparagraph: end the following new paragraph: tember 30, 2005. ‘‘(D) CREDIT CARD ISSUER.—For purposes of ‘‘(4) REREGISTRATION IN EVENT OF CHANGE IN SEC. 5612. REPEAL OF ULTIMATE VENDOR RE- this paragraph, if the sale of any fuel de- OWNERSHIP.—Under regulations prescribed by FUND CLAIMS WITH RESPECT TO scribed in subparagraph (A) (determined FARMING. the Secretary, a person (other than a cor- without regard to the registration status of (a) IN GENERAL.—Subparagraph (A) of sec- poration the stock of which is regularly tion 6427(l)(6) (relating to registered vendors the ultimate vendor) is made by means of a traded on an established securities market) to administer claims for refund of diesel fuel credit card issued to the ultimate purchaser, shall be required to reregister under this sec- or kerosene sold to farmers and State and the Secretary shall pay to the person extend- tion if after a transaction (or series of re- local governments), as redesignated by sec- ing the credit to the ultimate purchaser the lated transactions) more than 50 percent of tion 5611, is amended to read as follows: amount which would have been paid under ownership interests in, or assets of, such per- paragraph (1) (but for subparagraph (A) or ‘‘(A) IN GENERAL.—Paragraph (1) shall not son are held by persons other than persons apply to diesel fuel or kerosene used by a (B)), but only if such person meets the re- (or persons related thereto) who held more State or local government.’’. quirements of clauses (i), (ii), and (iii) of sec- than 50 percent of such interests or assets (b) CONFORMING AMENDMENT.—The heading tion 6416(a)(4)(B).’’. before the transaction (or series of related of paragraph (6) of section 6427(l), as so redes- (c) CONFORMING PENALTY AMENDMENTS.— transactions).’’. ignated, is amended by striking ‘‘FARMERS (1) Section 6206 (relating to special rules (b) CONFORMING AMENDMENTS.— AND’’. applicable to excessive claims under sections (1) CIVIL PENALTY.—Section 6719 (relating (c) EFFECTIVE DATE.—The amendments 6420, 6421, and 6427) is amended— to failure to register) is amended— made by this section shall apply to sales (A) by striking ‘‘Any portion’’ in the first (A) by inserting ‘‘or reregister’’ after ‘‘reg- after September 30, 2005. sentence and inserting ‘‘Any portion of a re- ister’’ each place it appears,

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(B) by inserting ‘‘OR REREGISTER’’ after of a motor vehicle which is shipped or driven to foster the development and revitalization ‘‘REGISTER’’ in the heading for subsection out of the United States.’’. of public transportation systems, which are (a), and (b) CONFORMING AMENDMENTS.— coordinated with other modes of transpor- (C) by inserting ‘‘OR REREGISTER’’ after (1) Section 4041(g) (relating to other ex- tation, that maximize the efficient, secure, ‘‘REGISTER’’ in the heading thereof. emptions) is amended by adding at the end and safe mobility of individuals and mini- (2) CRIMINAL PENALTY.—Section 7232 (relat- the following new sentence: ‘‘Paragraph (3) mize environmental impacts.’’. ing to failure to register under section 4101, shall not apply to the sale of a liquid for de- (b) GENERAL FINDINGS.—Section 5301(b)(1) false representations of registration status, livery into a fuel tank of a motor vehicle is amended— etc.) is amended— which is shipped or driven out of the United (1) by striking ‘‘70 percent’’ and inserting (A) by inserting ‘‘or reregister’’ after ‘‘reg- States.’’. ‘‘two-thirds’’; and ister’’, (2) Clause (iv) of section 4081(a)(1)(A) (re- (2) by striking ‘‘urban areas’’ and inserting (B) by inserting ‘‘or reregistration’’ after lating to tax on removal, entry, or sale) is ‘‘urbanized areas’’. ‘‘registration’’, and amended by inserting ‘‘or at a duty-free sales (c) PRESERVING THE ENVIRONMENT.—Sec- (C) by inserting ‘‘OR REREGISTER’’ after enterprise (as defined in section 555(b)(8) of tion 5301(e) is amended— ‘‘REGISTER’’ in the heading thereof. the Tariff Act of 1930)’’ after ‘‘section 4101’’. (1) by striking ‘‘an urban’’ and inserting (3) CLERICAL AMENDMENTS.—The item relat- (c) EFFECTIVE DATE.—The amendments ‘‘a’’; and ing to section 6719 in the table of sections for made by this section shall apply to sales or (2) by striking ‘‘under sections 5309 and part I of subchapter B of chapter 68 and the deliveries made after the date of the enact- 5310 of this title’’. item relating to section 7232 in the table of ment of this Act. (d) GENERAL PURPOSES.—Section 5301(f) is sections for part II of subchapter A of chap- SEC. 5620. PENALTY WITH RESPECT TO CERTAIN amended— ter 75 are each amended by inserting ‘‘or re- ADULTERATED FUELS. (1) in paragraph (1)— register’’ after ‘‘register’’. (a) IN GENERAL.—Part I of subchapter B of (A) by striking ‘‘improved mass’’ and in- (c) EFFECTIVE DATE.—The amendments chapter 68 (relating to assessable penalties) serting ‘‘improved public’’; and made by this section shall apply to actions, is amended by adding at the end the fol- (B) by striking ‘‘public and private mass or failures to act, after the date of the enact- lowing new section: transportation companies’’ and inserting ment of this Act. ‘‘SEC. 6720A. PENALTY WITH RESPECT TO CER- ‘‘public transportation companies and pri- SEC. 5616. RECONCILIATION OF ON-LOADED TAIN ADULTERATED FUELS. vate companies engaged in public transpor- CARGO TO ENTERED CARGO. ‘‘(a) IN GENERAL.—Any person who know- tation’’; (a) IN GENERAL.—Subsection (a) of section ingly transfers for resale, sells for resale, or (2) in paragraph (2)— 343 of the Trade Act of 2002 is amended by in- holds out for resale any liquid for use in a (A) by striking ‘‘urban mass’’ and inserting serting at the end the following new para- diesel-powered highway vehicle or a diesel- ‘‘public’’; and graph: powered train which does not meet applica- (B) by striking ‘‘public and private mass ‘‘(4) TRANSMISSION OF DATA.—Pursuant to ble EPA regulations (as defined in section transportation companies’’ and inserting paragraph (2), not later than 1 year after the 45H(c)(3)), shall pay a penalty of $10,000 for ‘‘public transportation companies and pri- date of enactment of this paragraph, the Sec- each such transfer, sale, or holding out for vate companies engaged in public transpor- retary of Homeland Security, after consulta- resale, in addition to the tax on such liquid tation’’; tion with the Secretary of the Treasury, (if any). (3) in paragraph (3)— shall establish an electronic data inter- ‘‘(b) PENALTY IN THE CASE OF RETAILERS.— (A) by striking ‘‘urban mass’’ and inserting change system through which the United Any person who knowingly holds out for sale ‘‘public’’; and States Customs and Border Protection shall (other than for resale) any liquid described (B) by striking ‘‘public or private mass transmit to the Internal Revenue Service in- in subsection (a), shall pay a penalty of transportation companies’’ and inserting formation pertaining to cargoes of any tax- $10,000 for each such holding out for sale, in ‘‘public transportation companies or private able fuel (as defined in section 4083 of the In- addition to the tax on such liquid (if any).’’. companies engaged in public transpor- ternal Revenue Code of 1986) that the United (b) DEDICATION OF REVENUE.—Paragraph (5) tation’’; and States Customs and Border Protection has of section 9503(b) (relating to certain pen- (4) in paragraph (5), by striking ‘‘urban obtained electronically under its regulations alties) is amended by inserting ‘‘6720A,’’ mass’’ and inserting ‘‘public’’. adopted in accordance with paragraph (1). after ‘‘6719,’’. SEC. 6004. DEFINITIONS. For this purpose, not later than 1 year after (c) CLERICAL AMENDMENT.—The table of Section 5302(a) is amended— the date of enactment of this paragraph, all sections for part I of subchapter B of chapter (1) in paragraph (1)— filers of required cargo information for such 68 is amended by adding at the end the fol- (A) in subparagraph (G)(i), by inserting taxable fuels (as so defined) must provide lowing new item: ‘‘including the intercity bus and intercity such information to the United States Cus- ‘‘Sec. 6720A. Penalty with respect to certain rail portions of such facility or mall,’’ after toms and Border Protection through such adulterated fuels.’’. ‘‘transportation mall,’’; electronic data interchange system.’’. (B) in subparagraph (G)(ii), by inserting ‘‘, (d) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendment except for the intercity bus portion of inter- made by this section shall apply to any made by this section shall take effect on the modal facilities or malls,’’ after ‘‘commer- transfer, sale, or holding out for sale or re- date of the enactment of this Act. cial revenue-producing facility’’; sale occurring after the date of the enact- (C) in subparagraph (H)— SEC. 5617. REGISTRATION OF DEEP-DRAFT VES- ment of this Act. SELS. (i) by striking ‘‘and’’ after ‘‘innovative’’ In applying section 4101 of the Internal TITLE VI—PUBLIC TRANSPORTATION and inserting ‘‘or’’; and Revenue Code of 1986 on and after the date of SEC. 6001. SHORT TITLE. (ii) by striking ‘‘or’’ after the semicolon at the enactment of this Act, the Secretary of This title may be cited as the ‘‘Federal the end; the Treasury shall require the registration Public Transportation Act of 2005’’. (D) in subparagraph (I), by striking the pe- under such section of every operator of a ves- SEC. 6002. AMENDMENTS TO TITLE 49, UNITED riod at the end and inserting a semicolon; sel described in section 4042(c)(1) of such STATES CODE; UPDATED TERMI- and Code. NOLOGY. (E) by adding at the end the following: SEC. 5618. TAXATION OF GASOLINE (a) AMENDMENTS TO TITLE 49.—Except as ‘‘(J) crime prevention and security, includ- BLENDSTOCKS AND KEROSENE. otherwise specifically provided, whenever in ing— With respect to fuel entered or removed this title an amendment or repeal is ex- ‘‘(i) projects to refine and develop security after September 30, 2005, the Secretary of the pressed in terms of an amendment to, or re- and emergency response plans; or Treasury shall, in applying section 4083 of peal of, a section or other provision of law, ‘‘(ii) projects to detect chemical or biologi- the Internal Revenue Code of 1986— the reference shall be considered to be made cal agents in public transportation; (1) prohibit the nonbulk entry or removal to a section or other provision of title 49, ‘‘(K) conducting emergency response drills of any gasoline blend stock without the im- United States Code. with public transportation agencies and position of tax under section 4081 of such (b) UPDATED TERMINOLOGY.—Except for local first response agencies or security Code, and sections 5301(f), 5302(a)(7), and 5315, chapter training for public transportation employ- (2) include mineral spirits in the definition 53, including the chapter analysis, is amend- ees, except for expenses relating to oper- of kerosene. ed by striking ‘‘mass transportation’’ each ations; or place it appears and inserting ‘‘public trans- SEC. 5619. NONAPPLICATION OF EXPORT EXEMP- ‘‘(L) establishing a debt service reserve, TION TO DELIVERY OF FUEL TO portation’’. made up of deposits with a bondholder’s MOTOR VEHICLES REMOVED FROM SEC. 6003. POLICIES, FINDINGS, AND PURPOSES. trustee, to ensure the timely payment of UNITED STATES. (a) DEVELOPMENT AND REVITALIZATION OF principal and interest on bonds issued by a (a) IN GENERAL.—Section 4221(d)(2) (defin- PUBLIC TRANSPORTATION SYSTEMS.—Section grant recipient to finance an eligible project ing export) is amended by adding at the end 5301(a) is amended to read as follows: under this chapter.’’; the following new sentence: ‘‘Such term does ‘‘(a) DEVELOPMENT AND REVITALIZATION OF (2) by redesignating paragraphs (8) through not include the delivery of a taxable fuel (as PUBLIC TRANSPORTATION SYSTEMS.—It is in (17) as paragraphs (9) through (18), respec- defined in section 4083(a)(1)) into a fuel tank the economic interest of the United States tively;

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4731 (3) by striking paragraph (7) and inserting and operation of transportation systems and tan planning organization for the area appro- the following: facilities (including pedestrian walkways priate. ‘‘(7) MASS TRANSPORTATION.—The term and bicycle transportation facilities) that ‘‘(d) METROPOLITAN PLANNING AREA BOUND- ‘mass transportation’ means public transpor- will function as an intermodal transpor- ARIES.— tation. tation system for the metropolitan planning ‘‘(1) IN GENERAL.—For the purposes of this ‘‘(8) MOBILITY MANAGEMENT.—The term area and as an integral part of an intermodal section, the boundaries of a metropolitan ‘mobility management’ means a short-range transportation system for the State and the planning area shall be determined by agree- planning or management activity or project United States. ment between the metropolitan planning or- that does not include operating public trans- ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- ganization and the Governor. portation services and— ess for developing the plans and programs ‘‘(2) INCLUDED AREA.—Each metropolitan ‘‘(A) improves coordination among public shall provide for consideration of all modes planning area— transportation providers, including private of transportation and shall be continuing, ‘‘(A) shall encompass at least the existing companies engaged in public transportation; cooperative, and comprehensive to the de- urbanized area and the contiguous area ex- ‘‘(B) addresses customer needs by tailoring gree appropriate, based on the complexity of pected to become urbanized within a 20-year public transportation services to specific the transportation problems to be addressed. forecast period for the transportation plan; market niches; or ‘‘(4) PLANNING AND PROJECT DEVELOP- and ‘‘(C) manages public transportation de- MENT.—The metropolitan planning organiza- ‘‘(B) may encompass the entire metropoli- mand.’’; tion, the State Department of Transpor- tan statistical area or consolidated metro- (4) by amending paragraph (11), as redesig- tation, and the appropriate public transpor- politan statistical area, as defined by the Of- nated, to read as follows: tation provider shall agree upon the ap- fice of Management and Budget. proaches that will be used to evaluate alter- ‘‘(11) PUBLIC TRANSPORTATION.—The term ‘‘(3) IDENTIFICATION OF NEW URBANIZED natives and identify transportation improve- ‘public transportation’ means transportation AREAS WITHIN EXISTING PLANNING AREA ments that address the most complex prob- by a conveyance that provides local regular BOUNDARIES.—The designation by the Bureau and continuing general or special transpor- lems and pressing transportation needs in of the Census of new urbanized areas within tation to the public, but does not include the metropolitan area. an existing metropolitan planning area shall ‘‘(c) DESIGNATION OF METROPOLITAN PLAN- school bus, charter bus, intercity bus or pas- not require the redesignation of the existing NING ORGANIZATIONS.— senger rail, or sightseeing transportation.’’; metropolitan planning organization. ‘‘(1) IN GENERAL.—To carry out the trans- (5) in subparagraphs (A) and (E) of para- portation planning process under this sec- ‘‘(4) EXISTING METROPOLITAN PLANNING graph (16), as redesignated, by striking tion, a metropolitan planning organization AREAS IN NONATTAINMENT.—Notwithstanding ‘‘and’’ each place it appears and inserting shall be designated for each urbanized area— paragraph (2), in the case of an urbanized ‘‘or’’; and ‘‘(A) by agreement between the Governor area designated as a nonattainment area for (6) by amending paragraph (18), as redesig- and units of general purpose local govern- ozone or carbon monoxide under the Clean nated, to read as follows: ment that combined represent not less than Air Act (42 U.S.C. 7401 et seq.), the bound- ‘‘(18) URBANIZED AREA.—The term ‘urban- 75 percent of the affected population (includ- aries of the metropolitan planning area in ized area’ means an area encompassing a ing the incorporated city or cities named by existence as of the date of enactment of the population of not less than 50,000 people that the Bureau of the Census in designating the Federal Public Transportation Act of 2005 has been defined and designated in the most urbanized area); or shall be retained, except that the boundaries recent decennial census as an ‘urbanized ‘‘(B) in accordance with procedures estab- may be adjusted by agreement of the Gov- area’ by the Secretary of Commerce.’’. lished by applicable State or local law. ernor and affected metropolitan planning or- SEC. 6005. METROPOLITAN TRANSPORTATION ‘‘(2) STRUCTURE.—Each metropolitan plan- ganizations in accordance with paragraph PLANNING. ning organization designated under para- (5). Section 5303 is amended to read as follows: graph (1) that serves an area identified as a ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN ‘‘§ 5303. Metropolitan transportation planning transportation management area shall con- NONATTAINMENT.—If an urbanized area is des- ‘‘(a) DEFINITIONS.—As used in this section sist of— ignated after the date of enactment of this and in section 5304, the following definitions ‘‘(A) local elected officials; paragraph in a nonattainment area for ozone shall apply: ‘‘(B) officials of public agencies that ad- or carbon monoxide, the boundaries of the ‘‘(1) CONSULTATION.—A ‘consultation’ oc- minister or operate major modes of transpor- metropolitan planning area— curs when 1 party— tation in the metropolitan area; and ‘‘(A) shall be established in accordance ‘‘(A) confers with another identified party ‘‘(C) appropriate State officials. with subsection (c)(1); in accordance with an established process; ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- ‘‘(B) shall encompass the areas described in ‘‘(B) prior to taking action, considers the TION.—Nothing in this subsection shall be paragraph (2)(A); views of the other identified party; and construed to interfere with the authority, ‘‘(C) may encompass the areas described in ‘‘(C) periodically informs that party about under any State law in effect on December paragraph (2)(B); and action taken. 18, 1991, of a public agency with multimodal ‘‘(D) may address any nonattainment iden- ‘‘(2) METROPOLITAN PLANNING AREA.—The transportation responsibilities— tified under the Clean Air Act (42 U.S.C. 7401 term ‘metropolitan planning area’ means the ‘‘(A) to develop plans and programs for et seq.) for ozone or carbon monoxide. geographic area determined by agreement adoption by a metropolitan planning organi- ‘‘(e) COORDINATION IN MULTISTATE AREAS.— between the metropolitan planning organiza- zation; and ‘‘(1) IN GENERAL.—The Secretary shall en- tion and the Governor under subsection (d). ‘‘(B) to develop long-range capital plans, courage each Governor with responsibility ‘‘(3) METROPOLITAN PLANNING ORGANIZA- coordinate transit services and projects, and for a portion of a multistate metropolitan TION.—The term ‘metropolitan planning or- carry out other activities pursuant to State area and the appropriate metropolitan plan- ganization’ means the Policy Board of the law. ning organizations to provide coordinated organization designated under subsection (c). ‘‘(4) CONTINUING DESIGNATION.—The des- transportation planning for the entire met- ‘‘(4) NONMETROPOLITAN AREA.—The term ignation of a metropolitan planning organi- ropolitan area. ‘nonmetropolitan area’ means any geo- zation under this subsection or any other ‘‘(2) INTERSTATE COMPACTS.—States are au- graphic area outside all designated metro- provision of law shall remain in effect until thorized— politan planning areas. the metropolitan planning organization is ‘‘(A) to enter into agreements or compacts ‘‘(5) NONMETROPOLITAN LOCAL OFFICIAL.— redesignated under paragraph (5). with other States, which agreements or com- The term ‘nonmetropolitan local official’ ‘‘(5) REDESIGNATION PROCEDURES.—A metro- pacts are not in conflict with any law of the means any elected or appointed official of politan planning organization may be redes- United States, for cooperative efforts and general purpose local government located in ignated by agreement between the Governor mutual assistance in support of activities a nonmetropolitan area who is responsible and units of general purpose local govern- authorized under this section as the activi- for transportation services for such local ment that combined represent not less than ties pertain to interstate areas and localities government. 75 percent of the existing planning area pop- within the States; and ‘‘(b) GENERAL REQUIREMENTS.— ulation (including the incorporated city or ‘‘(B) to establish such agencies, joint or ‘‘(1) DEVELOPMENT OF PLANS AND PRO- cities named by the Bureau of the Census in otherwise, as the States may determine de- GRAMS.—To accomplish the objectives de- designating the urbanized area) as appro- sirable for making the agreements and com- scribed in section 5301(a), each metropolitan priate to carry out this section. pacts effective. planning organization, in cooperation with ‘‘(6) DESIGNATION OF MORE THAN 1 METRO- ‘‘(3) LAKE TAHOE REGION.— the State and public transportation opera- POLITAN PLANNING ORGANIZATION.—More than ‘‘(A) DEFINITION.—In this paragraph, the tors, shall develop transportation plans and 1 metropolitan planning organization may be term ‘Lake Tahoe region’ has the meaning programs for metropolitan planning areas of designated within an existing metropolitan given the term ‘region’ in subdivision (a) of the State in which it is located. planning area only if the Governor and the article II of the Tahoe Regional Planning ‘‘(2) CONTENTS.—The plans and programs existing metropolitan planning organization Compact, as set forth in the first section of developed under paragraph (1) for each met- determine that the size and complexity of Public Law 96–551 (94 Stat. 3234). ropolitan planning area shall provide for the the existing metropolitan planning area ‘‘(B) TRANSPORTATION PLANNING PROCESS.— development and integrated management make designation of more than 1 metropoli- The Secretary shall—

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‘‘(i) establish with the Federal land man- officials responsible for other types of plan- ‘‘(A) REQUIREMENT.—Each metropolitan agement agencies that have jurisdiction over ning activities that are affected by transpor- planning organization shall develop a trans- land in the Lake Tahoe region a transportation, including State and local land use portation plan for its metropolitan planning tation planning process for the region; and planning, economic development, environ- area in accordance with this subsection, and ‘‘(ii) coordinate the transportation plan- mental protection, airport operations, hous- update such plan— ning process with the planning process re- ing, and freight. ‘‘(i) not less frequently than once every 4 quired of State and local governments under ‘‘(B) OTHER CONSIDERATIONS.—The metro- years in areas designated as nonattainment, this section and section 5304. politan planning process shall develop trans- as defined in section 107(d) of the Clean Air ‘‘(C) INTERSTATE COMPACT.— portation plans with due consideration of, Act (42 U.S.C. 7407(d)), and in areas that were ‘‘(i) IN GENERAL.—Subject to clause (ii) and and in coordination with, other related plan- nonattainment that have been redesignated notwithstanding subsection (c), to carry out ning activities within the metropolitan area. as attainment, in accordance with paragraph the transportation planning process required This should include the design and delivery (3) of such section, with a maintenance plan by this section, California and Nevada may of transportation services within the metro- under section 175A of the Clean Air Act (42 designate a metropolitan planning organiza- politan area that are provided by— U.S.C. 7505a); or tion for the Lake Tahoe region, by agree- ‘‘(i) recipients of assistance under this ‘‘(ii) not less frequently than once every 5 ment between the Governor of the State of chapter; years in areas designated as attainment, as California, the Governor of the State of Ne- ‘‘(ii) governmental agencies and nonprofit defined in section 107(d) of the Clean Air Act. vada, and units of general purpose local gov- organizations (including representatives of ‘‘(B) COORDINATION FACTORS.—In developing ernment that combined represent not less the agencies and organizations) that receive the transportation plan under this section, than 75 percent of the affected population Federal assistance from a source other than each metropolitan planning organization (including the incorporated city or cities the Department of Transportation to provide shall consider the factors described in sub- named by the Bureau of the Census in desig- nonemergency transportation services; and section (f) over a 20-year forecast period. nating the urbanized area), or in accordance ‘‘(iii) recipients of assistance under section ‘‘(C) FINANCIAL ESTIMATES.—For the pur- with procedures established by applicable 204 of title 23. pose of developing the transportation plan, State or local law. ‘‘(g) SCOPE OF PLANNING PROCESS.— the metropolitan planning organization, ‘‘(ii) INVOLVEMENT OF FEDERAL LAND MAN- ‘‘(1) IN GENERAL.—The goals and objectives transit operator, and State shall coopera- AGEMENT AGENCIES.— developed through the metropolitan plan- tively develop estimates of funds that will be ‘‘(I) REPRESENTATION.—The policy board of ning process for a metropolitan planning a metropolitan planning organization des- area under this section shall address, in rela- available to support plan implementation. ignated under clause (i) shall include a rep- tion to the performance of the metropolitan ‘‘(2) MITIGATION ACTIVITIES.— resentative of each Federal land manage- area transportation systems— ‘‘(A) IN GENERAL.—A transportation plan ment agency that has jurisdiction over land ‘‘(A) supporting the economic vitality of under this subsection shall include a discus- in the Lake Tahoe region. the metropolitan area, especially by ena- sion of— ‘‘(II) FUNDING.—In addition to funds made bling global competitiveness, productivity, ‘‘(i) types of potential habitat, available to the metropolitan planning orga- and efficiency, including through services hydrological, and environmental mitigation nization under other provisions of title 23 provided by public and private operators; activities that may assist in compensating and this chapter, not more than 1 percent of ‘‘(B) increasing the safety of the transpor- for loss of habitat, wetland, and other envi- the funds allocated under section 202 of title tation system for motorized and non- ronmental functions; and 23 may be used to carry out the transpor- motorized users; ‘‘(ii) potential areas to carry out these ac- tation planning process for the Lake Tahoe ‘‘(C) increasing the security of the trans- tivities, including a discussion of areas that region under this subparagraph. portation system for motorized and non- may have the greatest potential to restore ‘‘(D) ACTIVITIES.—Highway projects in- motorized users; and maintain the habitat types and cluded in transportation plans developed ‘‘(D) increasing the accessibility and mo- hydrological or environmental functions af- under this paragraph— bility of people and for freight, including fected by the plan. ‘‘(i) shall be selected for funding in a man- through services provided by public and pri- ‘‘(B) CONSULTATION.—The discussion de- ner that facilitates the participation of the vate operators; scribed in subparagraph (A) shall be devel- Federal land management agencies that ‘‘(E) protecting and enhancing the environ- oped in consultation with Federal and State have jurisdiction over land in the Lake ment (including the protection of habitat, tribal wildlife, land management, and regu- Tahoe region; and water quality, and agricultural and forest latory agencies. ‘‘(ii) may, in accordance with chapter 2 of land, while minimizing invasive species), ‘‘(3) CONTENTS.— A transportation plan title 23, be funded using funds allocated promoting energy conservation, and pro- under this subsection shall be in a form that under section 202 of title 23. moting consistency between transportation the Secretary determines to be appropriate ‘‘(f) COORDINATION OF METROPOLITAN PLAN- improvements and State and local land use and shall contain— NING ORGANIZATIONS.— planning and economic development pat- ‘‘(A) an identification of transportation fa- ‘‘(1) NONATTAINMENT AREAS.—If more than terns (including minimizing adverse health cilities, including major roadways, transit, 1 metropolitan planning organization has au- effects from mobile source air pollution and multimodal and intermodal facilities, inter- thority within a metropolitan area or an promoting the linkage of the transportation modal connectors, and other relevant facili- area which is designated as a nonattainment and development goals of the metropolitan ties identified by the metropolitan planning area for ozone or carbon monoxide under the area); organization, which should function as an in- Clean Air Act (42 U.S.C. 7401 et seq.), each ‘‘(F) enhancing the integration and tegrated metropolitan transportation sys- metropolitan planning organization shall connectivity of the transportation system, tem, emphasizing those facilities that serve consult with the other metropolitan plan- across and between modes, for people and important national and regional transpor- ning organizations designated for such area freight, including through services provided tation functions; and the State in the coordination of plans re- by public and private operators; ‘‘(B) a financial plan that— quired by this section. ‘‘(G) promoting efficient system manage- ‘‘(i) demonstrates how the adopted trans- ‘‘(2) TRANSPORTATION IMPROVEMENTS LO- ment and operation; and portation plan can be implemented; CATED IN MULTIPLE METROPOLITAN PLANNING ‘‘(H) emphasizing the preservation and effi- ‘‘(ii) indicates resources from public and AREAS.—If a transportation improvement cient use of the existing transportation sys- private sources that are reasonably expected funded from the highway trust fund is lo- tem, including services provided by public to be made available to carry out the plan; cated within the boundaries of more than 1 and private operators. ‘‘(iii) recommends any additional financing metropolitan planning area, the metropoli- ‘‘(2) SELECTION OF FACTORS.—After solic- strategies for needed projects and programs; tan planning organizations shall coordinate iting and considering any relevant public and plans regarding the transportation improve- comments, the metropolitan planning orga- ‘‘(iv) may include, for illustrative pur- ment. nization shall determine which of the factors poses, additional projects that would be in- ‘‘(3) INTERREGIONAL AND INTERSTATE described in paragraph (1) are most appro- cluded in the adopted transportation plan if PROJECT IMPACTS.—Planning for National priate to consider. approved by the Secretary and reasonable Highway System, commuter rail projects, or ‘‘(3) FAILURE TO CONSIDER FACTORS.—The additional resources beyond those identified other projects with substantial impacts out- failure to consider any factor specified in in the financial plan were available; side a single metropolitan planning area or paragraph (1) shall not be reviewable by any ‘‘(C) operational and management strate- State shall be coordinated directly with the court under title 23, this title, subchapter II gies to improve the performance of existing affected, contiguous, metropolitan planning of chapter 5 of title 5, or chapter 7 of title 5 transportation facilities to relieve vehicular organizations and States. in any matter affecting a transportation congestion and maximize the safety and mo- ‘‘(4) COORDINATION WITH OTHER PLANNING plan, a transportation improvement plan, a bility of people and goods; PROCESSES.— project or strategy, or the certification of a ‘‘(D) capital investment and other strate- ‘‘(A) IN GENERAL.—The Secretary shall en- planning process. gies to preserve the existing metropolitan courage each metropolitan planning organi- ‘‘(h) DEVELOPMENT OF TRANSPORTATION transportation infrastructure and provide for zation to coordinate its planning process, to PLAN.— multimodal capacity increases based on re- the maximum extent practicable, with those ‘‘(1) IN GENERAL.— gional priorities and needs; and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4733 ‘‘(E) proposed transportation and transit ‘‘(C) make public information available in ‘‘(ii) by the designated recipient, in the enhancement activities. electronically accessible format and means, case of projects under section 5307; and ‘‘(4) CONSULTATION.— such as the World Wide Web. ‘‘(iii) in cooperation with the metropolitan ‘‘(A) IN GENERAL.—In each metropolitan ‘‘(4) CERTIFICATION.—Before the metropoli- planning organization. area, the metropolitan planning organization tan planning organizations approve a trans- ‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.— shall consult, as appropriate, with State and portation plan or program, each metropoli- Notwithstanding any other provision of law, local agencies responsible for land use man- tan planning organization shall certify that a project may be advanced from the trans- agement, natural resources, environmental it has complied with the requirements of the portation improvement program in place of protection, conservation, and historic preser- participation plan it has adopted. another project in the same transportation vation concerning the development of a long- ‘‘(j) TRANSPORTATION IMPROVEMENT PRO- improvement program without the approval range transportation plan. GRAM.— of the Secretary. ‘‘(B) ISSUES.—The consultation shall in- ‘‘(1) DEVELOPMENT AND UPDATE.— ‘‘(4) PUBLICATION REQUIREMENTS.— volve— ‘‘(A) IN GENERAL.—In cooperation with the ‘‘(A) PUBLICATION OF TRANSPORTATION IM- ‘‘(i) comparison of transportation plans State and affected operators of public trans- PROVEMENT PROGRAM.—A transportation im- with State conservation plans or with maps, portation, a metropolitan planning organiza- provement program involving Federal par- if available; tion designated for a metropolitan planning ticipation shall be published or otherwise ‘‘(ii) comparison of transportation plans to area shall develop a transportation improve- made readily available by the metropolitan inventories of natural or historic resources, ment program for the area. planning organization for public review, in- if available; or ‘‘(B) PARTICIPATION.—In developing the cluding, to the maximum extent practicable, ‘‘(iii) consideration of areas where wildlife transportation improvement program, the in electronically accessible formats and crossing structures may be needed to ensure metropolitan planning organization, in co- means, such as the World Wide Web. connectivity between wildlife habitat link- operation with the Governor and any af- ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF age areas. fected operator of public transportation, PROJECTS.—An annual listing of projects, in- shall provide an opportunity for participa- ‘‘(5) COORDINATION WITH CLEAN AIR ACT cluding investments in pedestrian walkways tion by interested parties in the development AGENCIES.—In metropolitan areas in non- and bicycle transportation facilities, for attainment for ozone or carbon monoxide of the program, in accordance with sub- which Federal funds have been obligated in under the Clean Air Act (42 U.S.C. 7401 et section (i). the preceding 4 years shall be published or PDATES.—The transportation im- seq.), the metropolitan planning organiza- ‘‘(C) U otherwise made available for public review provement program shall be updated not less tion shall coordinate the development of a by the cooperative effort of the State, tran- than once every 4 years and shall be ap- transportation plan with the process for de- sit operator, and the metropolitan planning proved by the metropolitan planning organi- velopment of the transportation control organization. This listing shall be consistent zation and the Governor. measures of the State implementation plan with the funding categories identified in the ‘‘(D) FUNDING ESTIMATE.—In developing the required by the Clean Air Act. transportation improvement program. transportation improvement program, the ‘‘(C) RULEMAKING.—Not later than 120 days ‘‘(6) APPROVAL OF THE TRANSPORTATION metropolitan planning organization, opera- after the date of enactment of the Federal PLAN.—Each transportation plan prepared by tors of public transportation, and the State a metropolitan planning organization shall Public Transportation Act of 2005, the Sec- shall cooperatively develop estimates of retary shall issue regulations specifying— be— funds that are reasonably expected to be ‘‘(i) the types of data to be included in the ‘‘(A) approved by the metropolitan plan- available to support program implementa- list described in subparagraph (B), includ- ning organization; and tion. ing— ‘‘(B) submitted to the Governor for infor- ‘‘(E) PROJECT ADVANCEMENT.—Projects list- ‘‘(I) the name, type, purpose, and geocoded mation purposes at such time and in such ed in the transportation improvement pro- location of each project; manner as the Secretary may reasonably re- gram may be selected for advancement con- ‘‘(II) the Federal, State, and local identi- quire. sistent with the project selection require- fication numbers assigned to each project; ‘‘(i) PARTICIPATION BY INTERESTED PAR- ments. ‘‘(III) amounts obligated and expended on TIES.— ‘‘(F) MAJOR AMENDMENTS.—Major amend- each project, sorted by funding source and ‘‘(1) DEVELOPMENT OF PARTICIPATION ments to the list described in subparagraph transportation mode, and the date on which PLAN.—Not less frequently than every 4 (E), including the addition, deletion, or con- each obligation was made; and years, each metropolitan planning organiza- cept and scope change of a regionally signifi- ‘‘(IV) the status of each project; and tion shall develop and adopt a plan for par- cant project, may not be advanced without— ‘‘(ii) the media through which the list de- ticipation in the process for developing the ‘‘(i) appropriate public involvement; scribed in subparagraph (B) will be made metropolitan transportation plan and pro- ‘‘(ii) financial planning; available to the public, including written grams by— ‘‘(iii) transportation conformity analyses; and visual components for each of the ‘‘(A) citizens; and projects listed. ‘‘(B) affected public agencies; ‘‘(iv) a finding by the Federal Highway Ad- ‘‘(k) TRANSPORTATION MANAGEMENT ‘‘(C) representatives of public transpor- ministration and Federal Transit Adminis- AREAS.— tation employees; tration that the amended plan was produced ‘‘(1) REQUIRED IDENTIFICATION.—The Sec- ‘‘(D) freight shippers; in a manner consistent with this section. retary shall identify each urbanized area ‘‘(E) providers of freight transportation ‘‘(2) INCLUDED PROJECTS.— with a population of more than 200,000 indi- services; ‘‘(A) PROJECTS UNDER CHAPTER 1 OF TITLE 23 viduals as a transportation management ‘‘(F) private providers of transportation; AND THIS CHAPTER.—A transportation im- area. ‘‘(G) representatives of users of public provement program developed under this ‘‘(2) TRANSPORTATION PLANS AND PRO- transit; section for a metropolitan area shall include GRAMS.—Transportation plans and programs ‘‘(H) representatives of users of pedestrian the projects and strategies within the metro- for a metropolitan planning area serving a walkways and bicycle transportation facili- politan area that are proposed for funding transportation management area shall be ties; and under chapter 1 of title 23 and this chapter. based on a continuing and comprehensive ‘‘(I) other interested parties. ‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE transportation planning process carried out ‘‘(2) CONTENTS OF PARTICIPATION PLAN.— 23.— by the metropolitan planning organization The participation plan— ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.— in cooperation with the State and transit op- ‘‘(A) shall be developed in a manner the Regionally significant projects proposed for erators. Secretary determines to be appropriate; funding under chapter 2 of title 23 shall be ‘‘(3) CONGESTION MANAGEMENT SYSTEM.— ‘‘(B) shall be developed in consultation identified individually in the metropolitan ‘‘(A) IN GENERAL.—The transportation with all interested parties; and transportation improvement program. planning process under this section shall ad- ‘‘(C) shall provide that all interested par- ‘‘(ii) OTHER PROJECTS.—Projects proposed dress congestion management through a ties have reasonable opportunities to com- for funding under chapter 2 of title 23 that process that provides for effective management on— are not regionally significant shall be ment and operation, based on a coopera- ‘‘(i) the process for developing the trans- grouped in 1 line item or identified individ- tively developed and implemented metro- portation plan; and ually in the metropolitan transportation im- politan-wide strategy, of new and existing ‘‘(ii) the contents of the transportation provement program. transportation facilities eligible for funding plan. ‘‘(3) SELECTION OF PROJECTS.— under title 23 and this chapter through the ‘‘(3) METHODS.—The participation plan ‘‘(A) IN GENERAL.—Except as otherwise pro- use of travel demand reduction and oper- shall provide that the metropolitan planning vided under subsection (k)(4), the selection ational management strategies. organization shall, to the maximum extent of federally funded projects in metropolitan ‘‘(B) PHASE-IN SCHEDULE.—The Secretary practicable— planning areas shall be carried out, from the shall establish a phase-in schedule that pro- ‘‘(A) hold any public meetings at conven- approved transportation plan— vides for full compliance with the require- ient and accessible locations and times; ‘‘(i) by the State, in the case of projects ments of this section not later than 1 year ‘‘(B) employ visualization techniques to under chapter 1 of title 23 or section 5308, after the identification of transportation describe plans; and 5310, 5311, or 5317 of this title; management areas under paragraph (1).

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‘‘(4) SELECTION OF PROJECTS.— complexity of transportation problems in the ‘‘(2) develop the transportation portion of ‘‘(A) IN GENERAL.—All federally funded area. the State implementation plan, as required projects carried out within the boundaries of ‘‘(2) NONATTAINMENT AREAS.—The Sec- by the Clean Air Act (42 U.S.C. 7401 et seq.). a metropolitan planning area serving a retary may not permit abbreviated plans for ‘‘(c) INTERSTATE AGREEMENTS.—States may transportation management area under title a metropolitan area that is in nonattain- enter into agreements or compacts with 23 (except for projects carried out on the Na- ment for ozone or carbon monoxide under other States for cooperative efforts and mu- tional Highway System and projects carried the Clean Air Act (42 U.S.C. 7401 et seq.). tual assistance in support of activities au- out under the bridge program or the inter- ‘‘(m) ADDITIONAL REQUIREMENTS FOR CER- thorized under this section related to interstate maintenance program) or under this TAIN NONATTAINMENT AREAS.— state areas and localities in the States and chapter shall be selected for implementation ‘‘(1) IN GENERAL.—Notwithstanding any establishing authorities the States consider from the approved transportation improve- other provisions of title 23 or this chapter, desirable for making the agreements and ment program by the metropolitan planning Federal funds may not be advanced for trans- compacts effective. organization designated for the area in con- portation management areas classified as ‘‘(d) SCOPE OF PLANNING PROCESS.— sultation with the State and any affected nonattainment for ozone or carbon monoxide ‘‘(1) IN GENERAL.—Each State shall carry public transit operator. pursuant to the Clean Air Act (42 U.S.C. 7401 out a statewide transportation planning ‘‘(B) NATIONAL HIGHWAY SYSTEM et seq.) for any highway project that will re- process that provides for the consideration of PROJECTS.—Projects on the National High- sult in a significant increase in carrying ca- projects, strategies, and implementing way System carried out within the bound- pacity for single-occupant vehicles unless projects and services that will— aries of a metropolitan planning area serving the project is addressed through a congestion ‘‘(A) support the economic vitality of the a transportation management area and management process. United States, the States, nonmetropolitan projects carried out within such boundaries ‘‘(2) APPLICABILITY.—This subsection ap- areas, and metropolitan areas, especially by under the bridge program or the interstate plies to any nonattainment area within the enabling global competitiveness, produc- maintenance program under title 23 shall be metropolitan planning area boundaries de- tivity, and efficiency; selected for implementation from the ap- termined under subsection (d). ‘‘(B) increase the safety of the transpor- proved transportation improvement program ‘‘(n) LIMITATION ON STATUTORY CONSTRUC- tation system for motorized and non- by the State in cooperation with the metro- TION.—Nothing in this section shall be con- motorized users; politan planning organization designated for strued to confer on a metropolitan planning ‘‘(C) increase the security of the transpor- the area. organization the authority to impose legal tation system for motorized and non- ‘‘(5) CERTIFICATION.— requirements on any transportation facility, motorized users; ‘‘(A) IN GENERAL.—The Secretary shall— provider, or project that is not eligible under ‘‘(D) increase the accessibility and mobil- ‘‘(i) ensure that the metropolitan planning title 23 or this chapter. ity of people and freight; process of a metropolitan planning organiza- ‘‘(o) AVAILABILITY OF FUNDS.—Funds set ‘‘(E) protect and enhance the environment tion serving a transportation management aside under section 104(f) of title 23 or sec- (including the protection of habitat, water area is being carried out in accordance with tion 5308 of this title shall be available to quality, and agricultural and forest land, Federal law; and carry out this section. while minimizing invasive species), promote ‘‘(p) CONTINUATION OF CURRENT REVIEW ‘‘(ii) subject to subparagraph (B), certify, energy conservation, promote consistency PRACTICE.—Any decision by the Secretary not less frequently than once every 4 years between transportation improvements and concerning a plan or program described in in nonattainment and maintenance areas (as State and local land use planning and eco- this section shall not be considered to be a defined under the Clean Air Act) and not less nomic development patterns, and improve Federal action subject to review under the frequently than once every 5 years in attain- the quality of life (including minimizing ad- National Environmental Policy Act of 1969 ment areas (as defined under such Act), that verse health effects from mobile source air (42 U.S.C. 4321 et seq.).’’. the requirements of this paragraph are met pollution and promoting the linkage of the with respect to the metropolitan planning SEC. 6006. STATEWIDE TRANSPORTATION PLAN- transportation and development goals of the process. NING. State); ‘‘(B) REQUIREMENTS FOR CERTIFICATION.— Section 5304 is amended to read as follows: ‘‘(F) enhance the integration and The Secretary may make the certification ‘‘§ 5304. Statewide transportation planning connectivity of the transportation system, under subparagraph (A) if— ‘‘(a) GENERAL REQUIREMENTS.— across and between modes throughout the ‘‘(i) the transportation planning process ‘‘(1) DEVELOPMENT OF PLANS AND PRO- State, for people and freight; complies with the requirements of this sec- GRAMS.—To support the policies described in ‘‘(G) promote efficient system manage- tion and all other applicable Federal law; section 5301(a), each State shall develop a ment and operation; and and statewide transportation plan (referred to in ‘‘(H) emphasize the preservation and effi- ‘‘(ii) a transportation plan and a transpor- this section as a ‘‘Plan’’) and a statewide cient use of the existing transportation sys- tation improvement program for the metro- transportation improvement program (re- tem. politan planning area have been approved by ferred to in this section as a ‘‘Program’’) for ‘‘(2) SELECTION OF PROJECTS AND STRATE- the metropolitan planning organization and all areas of the State subject to section 5303. GIES.—After soliciting and considering any the Governor. ‘‘(2) CONTENTS.—The Plan and the Program relevant public comments, the State shall ‘‘(C) PENALTY FOR FAILING TO CERTIFY.— developed for each State shall provide for determine which of the projects and strate- ‘‘(i) WITHHOLDING PROJECT FUNDS.—If the the development and integrated manage- gies described in paragraph (1) are most ap- metropolitan planning process of a metro- ment and operation of transportation sys- propriate. politan planning organization serving a tems and facilities (including pedestrian ‘‘(3) MITIGATION ACTIVITIES.— transportation management area is not cer- walkways and bicycle transportation facili- ‘‘(A) IN GENERAL.—A transportation plan tified, the Secretary may withhold any funds ties) that will function as an intermodal under this subsection shall include a discus- otherwise available to the metropolitan transportation system for the State and an sion of— planning area for projects funded under title integral part of an intermodal transpor- ‘‘(i) types of potential habitat, 23 and this chapter. tation system for the United States. hydrological, and environmental mitigation ‘‘(ii) RESTORATION OF WITHHELD FUNDS.— ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- activities that may assist in compensating Any funds withheld under clause (i) shall be ess for developing the Plan and the Program for loss of habitat, wetland, and other envi- restored to the metropolitan planning area shall— ronmental functions; and when the metropolitan planning process is ‘‘(A) provide for the consideration of all ‘‘(ii) potential areas to carry out these ac- certified by the Secretary. modes of transportation and the policies de- tivities, including a discussion of areas that ‘‘(D) REVIEW OF CERTIFICATION.—In making scribed in section 5301(a); and may have the greatest potential to restore a certification under this paragraph, the Sec- ‘‘(B) be continuing, cooperative, and com- and maintain the habitat types and retary shall provide for public involvement prehensive to the degree appropriate, based hydrological or environmental functions af- appropriate to the metropolitan area under on the complexity of the transportation fected by the plan. review. problems to be addressed. ‘‘(B) CONSULTATION.—The discussion de- ‘‘(l) ABBREVIATED PLANS FOR CERTAIN ‘‘(b) COORDINATION WITH METROPOLITAN scribed in subparagraph (A) shall be devel- AREAS.— PLANNING; STATE IMPLEMENTATION PLAN.— oped in consultation with Federal and State ‘‘(1) IN GENERAL.—Subject to paragraph (2), Each State shall— tribal wildlife, land management, and regu- in the case of a metropolitan area not des- ‘‘(1) coordinate planning under this section latory agencies. ignated as a transportation management with— ‘‘(4) FAILURE TO CONSIDER FACTORS.—The area under this section, the Secretary may ‘‘(A) the transportation planning activities failure to consider any factor described in provide for the development of an abbre- under section 5303 for metropolitan areas of paragraph (1) shall not be reviewable by any viated transportation plan and transpor- the State; and court under title 23, this title, subchapter II tation improvement program for the metro- ‘‘(B) other related statewide planning ac- of chapter 5 of title 5, or chapter 7 of title 5 politan planning area that the Secretary de- tivities, including trade and economic devel- in any matter affecting a Plan, a Program, a termines is appropriate to achieve the pur- opment and related multistate planning ef- project or strategy, or the certification of a poses of this section, after considering the forts; and planning process.

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‘‘(e) ADDITIONAL REQUIREMENTS.—In car- ‘‘(A) IN GENERAL.—A Plan shall include a users of public transit, representatives of rying out planning under this section, each discussion of— users of pedestrian walkways and bicycle State shall consider— ‘‘(i) types of potential habitat, transportation facilities, and other inter- ‘‘(1) with respect to nonmetropolitan areas, hydrological, and environmental mitigation ested parties with a reasonable opportunity the concerns of affected local officials with activities that may assist in compensating to comment on the proposed Program. responsibility for transportation; for loss of habitat, wetlands, and other envi- ‘‘(4) INCLUDED PROJECTS.— ‘‘(2) the concerns of Indian tribal govern- ronmental functions; and ‘‘(A) IN GENERAL.—A Program developed ments and Federal land management agen- ‘‘(ii) potential areas to carry out these ac- under this subsection for a State shall in- cies that have jurisdiction over land within tivities, including a discussion of areas that clude federally supported surface transpor- the boundaries of the State; and may have the greatest potential to restore tation expenditures within the boundaries of ‘‘(3) coordination of Plans, Programs, and and maintain the habitat types and the State. planning activities with related planning ac- hydrological or environmental functions af- ‘‘(B) LISTING OF PROJECTS.— tivities being carried out outside of metro- fected by the plan. ‘‘(i) IN GENERAL.—The Program shall cover politan planning areas and between States. ‘‘(B) CONSULTATION.—The discussion de- a minimum of 4 years, identify projects by scribed in subparagraph (A) shall be devel- ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— year, be fiscally constrained by year, and be oped in consultation with Federal and State ‘‘(1) DEVELOPMENT.—Each State shall de- updated not less than once every 4 years. tribal wildlife, land management, and regu- velop a Plan, with a minimum 20-year fore- ‘‘(ii) PUBLICATION.—An annual listing of latory agencies. cast period for all areas of the State, that projects for which funds have been obligated ‘‘(5) TRANSPORTATION STRATEGIES.—A Plan provides for the development and implemen- in the preceding 4 years in each metropolitan shall identify transportation strategies nec- tation of the intermodal transportation sys- planning area shall be published or otherwise essary to efficiently serve the mobility needs tem of the State. made available by the cooperative effort of of people. ‘‘(2) CONSULTATION WITH GOVERNMENTS.— the State, transit operator, and the metro- ‘‘(6) FINANCIAL PLAN.—The Plan may in- ‘‘(A) METROPOLITAN PLANNING AREAS.—The politan planning organization for public re- clude a financial plan that— Plan shall be developed for each metropoli- view. The listing shall be consistent with the ‘‘(A) demonstrates how the adopted Plan funding categories identified in each metro- tan planning area in the State in coopera- can be implemented; tion with the metropolitan planning organi- ‘‘(B) indicates resources from public and politan transportation improvement pro- zation designated for the metropolitan plan- private sources that are reasonably expected gram. ning area under section 5303. to be made available to carry out the Plan; ‘‘(C) INDIVIDUAL IDENTIFICATION.— ‘‘(B) NONMETROPOLITAN AREAS.—With re- ‘‘(C) recommends any additional financing ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.— spect to nonmetropolitan areas, the state- strategies for needed projects and programs; Regionally significant projects proposed for wide transportation plan shall be developed and funding under chapter 2 of title 23 shall be in consultation with affected nonmetropoli- ‘‘(D) may include, for illustrative purposes, identified individually in the transportation tan officials with responsibility for transpor- additional projects that would be included in improvement program. tation. The consultation process shall not re- the adopted Plan if reasonable additional re- ‘‘(ii) OTHER PROJECTS.—Projects proposed quire the review or approval of the Sec- sources beyond those identified in the finan- for funding under chapter 2 of title 23 that retary. cial plan were available. are not determined to be regionally signifi- ‘‘(C) INDIAN TRIBAL AREAS.—With respect to ‘‘(7) SELECTION OF PROJECTS FROM ILLUS- cant shall be grouped in 1 line item or identi- each area of the State under the jurisdiction TRATIVE LIST.—A State shall not be required fied individually. of an Indian tribal government, the Plan to select any project from the illustrative ‘‘(D) CONSISTENCY WITH STATEWIDE TRANS- shall be developed in consultation with the list of additional projects described in para- PORTATION PLAN.—Each project included in tribal government and the Secretary of the graph (6)(D). the list described in subparagraph (B) shall Interior. ‘‘(8) EXISTING SYSTEM.—The Plan should in- be— ‘‘(D) CONSULTATION, COMPARISON, AND CON- clude capital, operations and management ‘‘(i) consistent with the Plan developed SIDERATION.— strategies, investments, procedures, and under this section for the State; ‘‘(i) IN GENERAL.—The Plan shall be devel- other measures to ensure the preservation ‘‘(ii) identical to the project or phase of the oped, as appropriate, in consultation with and most efficient use of the existing trans- project as described in each year of the ap- State and local agencies responsible for— portation system. proved metropolitan transportation im- ‘‘(I) land use management; ‘‘(9) PUBLICATION OF LONG-RANGE TRANSPOR- provement program; and ‘‘(II) natural resources; TATION PLANS.—Each Plan prepared by a ‘‘(iii) in conformance with the applicable ‘‘(III) environmental protection; State shall be published or otherwise made State air quality implementation plan devel- ‘‘(IV) conservation; and available, including, to the maximum extent oped under the Clean Air Act (42 U.S.C. 7401 ‘‘(V) historic preservation. practicable, in electronically accessible for- et seq.), if the project is carried out in an ‘‘(ii) COMPARISON AND CONSIDERATION.— mats and means, such as the World Wide area designated as nonattainment for ozone Consultation under clause (i) shall involve— Web. or carbon monoxide under that Act. ‘‘(I) comparison of transportation plans to ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- ‘‘(E) REQUIREMENT OF ANTICIPATED FULL State conservation plans or maps, if avail- MENT PROGRAM.— FUNDING.—The Program shall not include a able; ‘‘(1) DEVELOPMENT.—Each State shall de- project, or an identified phase of a project, ‘‘(II) comparison of transportation plans to velop a Program for all areas of the State. unless full funding can reasonably be antici- inventories of natural or historic resources, ‘‘(2) CONSULTATION WITH GOVERNMENTS.— pated to be available for the project within if available; or ‘‘(A) METROPOLITAN PLANNING AREAS.— the time period contemplated for completion ‘‘(III) consideration of areas where wildlife With respect to each metropolitan planning of the project. crossing structures may be needed to ensure area in the State, the Program shall be de- ‘‘(F) FINANCIAL PLAN.—The Program may connectivity between wildlife habitat link- veloped in cooperation with the metropoli- include a financial plan that— age areas. tan planning organization designated for the ‘‘(i) demonstrates how the approved Pro- ‘‘(3) PARTICIPATION BY INTERESTED PAR- metropolitan planning area under section gram can be implemented; TIES.—In developing the Plan, the State 5303. ‘‘(ii) indicates resources from public and shall— ‘‘(B) NONMETROPOLITAN AREAS.—With re- private sources that are reasonably expected ‘‘(A) provide citizens, affected public agen- spect to each nonmetropolitan area in the to be made available to carry out the Pro- cies, representatives of public transportation State, the Program shall be developed in gram; employees, freight shippers, private pro- consultation with affected nonmetropolitan ‘‘(iii) recommends any additional financing viders of transportation, representatives of local officials with responsibility for trans- strategies for needed projects and programs; users of public transportation, representa- portation. The consultation process shall not and tives of users of pedestrian walkways and bi- require the review or approval of the Sec- ‘‘(iv) may include, for illustrative pur- cycle transportation facilities, providers of retary. poses, additional projects that would be in- freight transportation services, and other in- ‘‘(C) INDIAN TRIBAL AREAS.—With respect to cluded in the adopted transportation plan if terested parties with a reasonable oppor- each area of the State under the jurisdiction reasonable additional resources beyond those tunity to comment on the proposed Plan; of an Indian tribal government, the Program identified in the financial plan were avail- and shall be developed in consultation with the able. ‘‘(B) to the maximum extent practicable— tribal government and the Secretary of the ‘‘(G) SELECTION OF PROJECTS FROM ILLUS- ‘‘(i) hold any public meetings at conven- Interior. TRATIVE LIST.— ient and accessible locations and times; ‘‘(3) PARTICIPATION BY INTERESTED PAR- ‘‘(i) NO REQUIRED SELECTION.—Notwith- ‘‘(ii) employ visualization techniques to TIES.—In developing the Program, the State standing subparagraph (F), a State shall not describe plans; and shall provide citizens, affected public agen- be required to select any project from the il- ‘‘(iii) make public information available in cies, representatives of public transportation lustrative list of additional projects de- electronically accessible format and means, employees, freight shippers, private proscribed in subparagraph (F)(iv). such as the World Wide Web. viders of transportation, providers of freight ‘‘(ii) REQUIRED APPROVAL BY THE SEC- ‘‘(4) MITIGATION ACTIVITIES.— transportation services, representatives of RETARY.—A State shall not include any

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4736 CONGRESSIONAL RECORD — SENATE May 9, 2005 project from the illustrative list of addi- (2) in subsection (b) by striking ‘‘5303–5305 ‘‘(ii) a portion of the urbanized area was a tional projects described in subparagraph of this title’’ and inserting ‘‘5303, 5304, and separate urbanized area with a population of (F)(iv) in an approved Program without the 5308’’; and less than 200,000, as determined by the 1990 approval of the Secretary. (3) by adding at the end the following: decennial census of population; ‘‘(H) PRIORITIES.—The Program shall re- ‘‘(c) REGULATIONS.—Not later than 1 year ‘‘(iii) the area was not designated as an ur- flect the priorities for programming and ex- after the date of enactment of the Federal banized area, as determined by the 1990 de- penditures of funds, including transportation Public Transportation Act of 2005, the Sec- cennial census of population; or and transit enhancement activities, required retary shall issue regulations describing how ‘‘(iv) a portion of the area was not des- by title 23 and this chapter, and transpor- the requirements under this chapter relating ignated as an urbanized area, as determined tation control measures included in the to subsection (a) shall be enforced.’’. by the 1990 decennial census, and received as- State’s air quality implementation plan. SEC. 6009. URBANIZED AREA FORMULA GRANTS. sistance under section 5311 in fiscal year ‘‘(5) PROJECT SELECTION FOR AREAS WITH (a) TECHNICAL AMENDMENTS.—Section 5307 2002. FEWER THAN 50,000 INDIVIDUALS.— is amended— ‘‘(B) MAXIMUM AMOUNTS IN FISCAL YEAR ‘‘(A) IN GENERAL.—Each State, in coopera- (1) by striking subsections (h), (j) and (k); 2005.—In fiscal year 2005— tion with the affected nonmetropolitan local and ‘‘(i) amounts made available to any urban- officials with responsibility for transpor- (2) by redesignating subsections (i), (l), ized area under clause (i) or (ii) of subpara- tation, shall select projects to be carried out (m), and (n) as subsections (h), (i), (j), and graph (A) shall be not more than the amount in areas with fewer than 50,000 individuals (k), respectively. apportioned in fiscal year 2002 to the urban- from the approved Program (excluding (b) DEFINITIONS.—Section 5307(a) is amend- ized area with a population of less than projects carried out under the National ed— 200,000, as determined in the 1990 decennial Highway System, the bridge program, or the (1) by amending paragraph (2)(A) to read as census of population; interstate maintenance program under title follows: ‘‘(ii) amounts made available to any urban- 23 or sections 5310 and 5311 of this title). ‘‘(A) an entity designated, in accordance ized area under subparagraph (A)(iii) shall be ‘‘(B) CERTAIN PROGRAMS.—Each State, in with the planning process under sections not more than the amount apportioned to consultation with the affected nonmetropoli- 5303, 5304, and 5306, by the chief executive of- tan local officials with responsibility for the urbanized area under this section for fis- ficer of a State, responsible local officials, cal year 2003; and transportation, shall select, from the ap- and publicly owned operators of public trans- proved Program, projects to be carried out in ‘‘(iii) each portion of any area not des- portation, to receive and apportion amounts ignated as an urbanized area, as determined areas with fewer than 50,000 individuals under section 5336 that are attributable to by the 1990 decennial census, and eligible to under the National Highway System, the transportation management areas des- receive funds under subparagraph (A)(iv), bridge program, or the Interstate mainte- ignated under section 5303; or’’; and shall receive an amount of funds to carry out nance program under title 23 or under sec- (2) by adding at the end the following: this section that is not less than the amount tions 5310 and 5311 of this title. ‘‘(3) SUBRECIPIENT.—The term ‘sub- the portion of the area received under sec- ‘‘(6) STATEWIDE TRANSPORTATION IMPROVE- recipient’ means a State or local govern- MENT PROGRAM APPROVAL.—A Program devel- mental authority, a nonprofit organization, tion 5311 for fiscal year 2002. oped under this subsection shall be reviewed or a private operator of public transpor- ‘‘(C) MAXIMUM AMOUNTS IN FISCAL YEAR and based on a current planning finding ap- tation service that may receive a Federal 2006.—In fiscal year 2006— proved by the Secretary not less frequently transit program grant indirectly through a ‘‘(i) amounts made available to any urban- than once every 4 years. recipient, rather than directly from the Fed- ized area under clause (i) or (ii) of subpara- ‘‘(7) PLANNING FINDING.—Not less fre- eral Government.’’. graph (A) shall be not more than 50 percent quently than once every 4 years, the Sec- (c) GENERAL AUTHORITY.—Section 5307(b) is of the amount apportioned in fiscal year 2002 retary shall determine whether the transpor- amended— to the urbanized area with a population of tation planning process through which Plans (1) by amending paragraph (1) to read as less than 200,000, as determined in the 1990 and Programs are developed are consistent follows: decennial census of population; with this section and section 5303. ‘‘(1) IN GENERAL.—The Secretary of Trans- ‘‘(ii) amounts made available to any urban- ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— portation may award grants under this sec- ized area under subparagraph (A)(iii) shall be Notwithstanding any other provision of law, tion for— not more than 50 percent of the amount ap- a project included in the approved Program ‘‘(A) capital projects, including associated portioned to the urbanized area under this may be advanced in place of another project capital maintenance items; section for fiscal year 2003; and in the program without the approval of the ‘‘(B) planning, including mobility manage- ‘‘(iii) each portion of any area not des- Secretary. ment; ignated as an urbanized area, as determined ‘‘(h) FUNDING.—Funds set aside pursuant to ‘‘(C) transit enhancements; by the 1990 decennial census, and eligible to section 104(i) of title 23 and section 5308 of ‘‘(D) operating costs of equipment and fa- receive funds under subparagraph (A)(iv), this title shall be available to carry out this cilities for use in public transportation in an shall receive an amount of funds to carry out section. urbanized area with a population of less than this section that is not less 50 percent of the ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS 200,000; and amount the portion of the area received CONGESTION MANAGEMENT SYSTEMS.—For ‘‘(E) operating costs of equipment and fa- under section 5311 for fiscal year 2002. purposes of this section and section 5303, cilities for use in public transportation in a ‘‘(D) MAXIMUM AMOUNTS IN FISCAL YEAR State laws, rules, or regulations pertaining portion or portions of an urbanized area with 2007.—In fiscal year 2007— to congestion management systems or pro- a population of at least 200,000, but not more ‘‘(i) amounts made available to any urban- grams may constitute the congestion man- than 225,000, if— ized area under clause (i) or (ii) of subpara- agement system under section 5303(i)(3) if ‘‘(i) the urbanized area includes parts of graph (A) shall be not more than 25 percent the Secretary determines that the State more than 1 State; of the amount apportioned in fiscal year 2002 laws, rules, or regulations are consistent ‘‘(ii) the portion of the urbanized area in- to the urbanized area with a population of with, and fulfill the intent of, the purposes of cludes only 1 State; less than 200,000, as determined in the 1990 section 5303. ‘‘(iii) the population of the portion of the decennial census of population; ‘‘(j) CONTINUATION OF CURRENT REVIEW urbanized area is less than 30,000; and ‘‘(ii) amounts made available to any urban- PRACTICE.—Any decision by the Secretary ‘‘(iv) the grants will not be used to provide ized area under subparagraph (A)(iii) shall be under this section, regarding a metropolitan public transportation outside of the portion not more than 25 percent of the amount ap- or statewide transportation plan or the Pro- of the urbanized area.’’; portioned to the urbanized area under this gram, shall not be considered to be a Federal (2) by amending paragraph (2) to read as section for fiscal year 2003; and action subject to review under the National follows: ‘‘(iii) each portion of any area not des- Environmental Policy Act of 1969 (42 U.S.C. ‘‘(2) SPECIAL RULE FOR FISCAL YEARS 2005 ignated as an urbanized area, as determined 4321 et seq.).’’. THROUGH 2007.— by the 1990 decennial census, and eligible to ‘‘(A) INCREASED FLEXIBILITY.—The Sec- SEC. 6007. TRANSPORTATION MANAGEMENT receive funds under subparagraph (A)(iv), retary may award grants under this section, AREAS. shall receive an amount of funds to carry out from funds made available to carry out this Section 5305 is repealed. this section that is not less than 25 percent section for each of the fiscal years 2005 of the amount the portion of the area re- SEC. 6008. PRIVATE ENTERPRISE PARTICIPA- through 2007, to finance the operating cost of ceived under section 5311 in fiscal year TION. equipment and facilities for use in mass 2002.’’; and Section 5306 is amended— transportation in an urbanized area with a (3) by striking paragraph (4). (1) in subsection (a)— population of at least 200,000, as determined (A) by striking ‘‘5305 of this title’’ and in- by the 2000 decennial census of population (d) GRANT RECIPIENT REQUIREMENTS.—Sec- serting ‘‘5308’’; and if— tion 5307(d)(1) is amended— (B) by inserting ‘‘, as determined by local ‘‘(i) the urbanized area had a population of (1) in subparagraph (A), by inserting ‘‘, in- policies, criteria, and decision making,’’ less than 200,000, as determined by the 1990 cluding safety and security aspects of the after ‘‘feasible’’; decennial census of population; program’’ after ‘‘program’’;

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(2) in subparagraph (E), by striking ‘‘sec- ‘‘(2) plan, engineer, design, and evaluate a ‘‘(3) REALLOCATION.—A State may author- tion’’ and all that follows and inserting ‘‘sec- public transportation project; or ize part of the amount made available under tion, the recipient will comply with sections ‘‘(3) conduct technical studies relating to this subsection to be used to supplement 5323 and 5325;’’; public transportation, including— amounts available under subsection (c). (3) in subparagraph (H), by striking ‘‘sec- ‘‘(A) studies related to management, plan- ‘‘(e) PLANNING CAPACITY BUILDING PRO- tions 5301(a) and (d), 5303-5306, and 5310(a)-(d) ning, operations, capital requirements, and GRAM.— of this title’’ and inserting ‘‘subsections (a) economic feasibility; ‘‘(1) ESTABLISHMENT.—The Secretary shall and (d) of section 5301 and sections 5303 ‘‘(B) evaluations of previously financed establish a Planning Capacity Building Pro- through 5306’’; projects; gram (referred to in this subsection as the (4) in subparagraph (I) by striking ‘‘and’’ at ‘‘(C) peer reviews and exchanges of tech- ‘‘Program’’) to support and fund innovative the end; nical data, information, assistance, and re- practices and enhancements in transpor- (5) in subparagraph (J), by striking the pe- lated activities in support of planning and tation planning. riod at the end and inserting ‘‘; and’’; and environmental analyses among metropolitan ‘‘(2) PURPOSE.—The purpose of the Program (6) by adding at the end the following: planning organizations and other transpor- shall be to promote activities that support ‘‘(K) if located in an urbanized area with a tation planners; and and strengthen the planning processes re- population of at least 200,000, will expend not ‘‘(D) other similar and related activities quired under this section and sections 5303 less than 1 percent of the amount the recipi- preliminary to, and in preparation for, con- and 5304. ent receives each fiscal year under this sec- structing, acquiring, or improving the oper- ‘‘(3) ADMINISTRATION.—The Program shall tion for transit enhancement activities de- ation of facilities and equipment. be administered by the Federal Transit Ad- scribed in section 5302(a)(15).’’. ‘‘(b) PURPOSE.—To the extent practicable, ministration in cooperation with the Federal (e) GOVERNMENT’S SHARE OF COSTS.—Sec- the Secretary shall ensure that amounts ap- Highway Administration. tion 5307(e) is amended— propriated pursuant to section 5338 to carry ‘‘(4) USE OF FUNDS.— (1) by striking the first sentence and in- out this section and sections 5303, 5304, and ‘‘(A) IN GENERAL.—Appropriations author- serting the following: 5306 are used to support balanced and com- ized under subsection (g)(1) to carry out this ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- prehensive transportation planning that con- subsection may be used— ital project under this section shall cover 80 siders the relationships among land use and ‘‘(i) to provide incentive grants to States, percent of the net project cost.’’; all transportation modes, without regard to metropolitan planning organizations, and (2) by striking ‘‘A grant for operating ex- the programmatic source of the planning public transportation operators; and penses’’ and inserting the following: amounts. ‘‘(ii) to conduct research, disseminate in- ‘‘(2) OPERATING EXPENSES.—A grant for op- ‘‘(c) METROPOLITAN PLANNING PROGRAM.— formation, and provide technical assistance. erating expenses’’; ‘‘(1) ALLOCATIONS TO STATES.— ‘‘(B) GRANTS, CONTRACTS, COOPERATIVE (3) by striking the fourth sentence and in- ‘‘(A) IN GENERAL.—The Secretary shall al- AGREEMENTS.—In carrying out the activities serting the following: locate 80 percent of the amount made avail- described in subparagraph (A), the Secretary ‘‘(3) REMAINING COSTS.—The remainder of able under subsection (g)(3)(A) to States to may— the net project cost shall be provided in cash carry out sections 5303 and 5306 in a ratio ‘‘(i) expend appropriated funds directly; or from non-Federal sources or revenues de- equal to the population in urbanized areas in ‘‘(ii) award grants to, or enter into con- rived from the sale of advertising and con- each State, divided by the total population tracts, cooperative agreements, and other cessions and amounts received under a serv- in urbanized areas in all States, as shown by transactions with, a Federal agency, State ice agreement with a State or local social the latest available decennial census of pop- agency, local governmental authority, asso- service agency or a private social service or- ulation. ciation, nonprofit or for-profit entity, or in- ganization.’’; and ‘‘(B) MINIMUM ALLOCATION.—Each State stitution of higher education. (4) by adding at the end the following: shall receive not less than 0.5 percent of the ‘‘(f) GOVERNMENT’S SHARE OF COSTS.— ‘‘The prohibitions on the use of funds for total amount allocated under this paragraph. Amounts made available to carry out sub- matching requirements under section ‘‘(2) AVAILABILITY OF FUNDS.—A State re- sections (c), (d), and (e) may not exceed 80 403(a)(5)(C)(vii) of the Social Security Act (42 ceiving an allocation under paragraph (1) percent of the costs of the activity unless U.S.C. 603(a)(5)(C)(vii)) shall not apply to the shall promptly distribute such funds to met- the Secretary of Transportation determines remainder.’’. ropolitan planning organizations in the that it is in the interest of the Government (f) UNDERTAKING PROJECTS IN ADVANCE.— State under a formula— not to require State or local matching funds. Section 5307(g) is amended by striking para- ‘‘(A) developed by the State in cooperation ‘‘(g) ALLOCATION OF FUNDS.—Of the graph (4). with the metropolitan planning organiza- amounts made available under section (g) RELATIONSHIP TO OTHER LAWS.—Section tions; 5338(b)(2)(B) for fiscal year 2006 and each fis- 5307(k), as redesignated, is amended to read ‘‘(B) approved by the Secretary of Trans- cal year thereafter to carry out this sec- as follows: portation; tion— ‘‘(k) RELATIONSHIP TO OTHER LAWS.— ‘‘(C) that considers population in urbanized ‘‘(1) $5,000,000 shall be allocated for the ‘‘(1) APPLICABLE PROVISIONS.—Sections areas; and Planning Capacity Building Program estab- 5301, 5302, 5303, 5304, 5306, 5315(c), 5318, 5319, ‘‘(D) that provides an appropriate distribu- lished under subsection (e); 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333 and tion for urbanized areas to carry out the co- ‘‘(2) $20,000,000 shall be allocated for grants 5335 apply to this section and to any grant operative processes described in this section. under subsection (a)(2) for alternatives anal- made under this section. ‘‘(3) SUPPLEMENTAL ALLOCATIONS.— yses required by section 5309(e)(2)(A); and ‘‘(2) INAPPLICABLE PROVISIONS.— ‘‘(A) IN GENERAL.—The Secretary shall al- ‘‘(3) of the remaining amount— ‘‘(A) IN GENERAL.—Except as provided locate 20 percent of the amount made avail- ‘‘(A) 82.72 percent shall be allocated for the under this section, no other provision of this able under subsection (g)(3)(A) to States to metropolitan planning program described in chapter applies to this section or to a grant supplement allocations made under para- subsection (d); and made under this section. graph (1) for metropolitan planning organiza- ‘‘(B) 17.28 percent shall be allocated to ‘‘(B) TITLE 5.—The provision of assistance tions. carry out subsection (b). under this chapter shall not be construed as ‘‘(B) ALLOCATION FORMULA.—Amounts ‘‘(h) REALLOCATIONS.—Any amount allo- bringing within the application of chapter 15 under this paragraph shall be allocated cated under this section that has not been of title 5, any nonsupervisory employee of a under a formula that reflects the additional used 3 years after the end of the fiscal year public transportation system (or any other cost of carrying out planning, programming, in which the amount was allocated shall be agency or entity performing related func- and project selection responsibilities in com- reallocated among the States.’’. tions) to which such chapter is otherwise in- plex metropolitan planning areas under sec- (b) CONFORMING AMENDMENT.—The item re- applicable.’’. tions 5303, 5304, and 5306. lating to section 5308 in the table of sections SEC. 6010. PLANNING PROGRAMS. ‘‘(d) STATE PLANNING AND RESEARCH PRO- for chapter 53 is amended to read as follows: (a) IN GENERAL.—Section 5308 is amended GRAM.— ‘‘5308. Planning programs.’’. to read as follows: ‘‘(1) IN GENERAL.—The Secretary shall allo- SEC. 6011. CAPITAL INVESTMENT PROGRAM. ‘‘§ 5308. Planning programs cate amounts made available pursuant to (a) SECTION HEADING.—The section heading ‘‘(a) GRANTS AUTHORIZED.—Under criteria subsection (g)(3)(B) to States for grants and of section 5309 is amended to read as follows: established by the Secretary, the Secretary contracts to carry out sections 5304, 5306, may award grants to States, authorities of 5315, and 5322 so that each State receives an ‘‘§ 5309. Capital investment grants’’. the States, metropolitan planning organiza- amount equal to the ratio of the population (b) GENERAL AUTHORITY.—Section 5309(a) is tions, and local governmental authorities, in urbanized areas in that State, divided by amended— make agreements with other departments, the total population in urbanized areas in all (1) in paragraph (1)— agencies, or instrumentalities of the Govern- States, as shown by the latest available de- (A) by striking ‘‘(1) The Secretary of ment, or enter into contracts with private cennial census. Transportation may make grants and loans’’ nonprofit or for-profit entities to— ‘‘(2) MINIMUM ALLOCATION.—Each State and inserting the following: ‘‘(1) develop transportation plans and pro- shall receive not less than 0.5 percent of the ‘‘(1) GRANTS AUTHORIZED.—The Secretary grams; amount allocated under this subsection. may award grants’’;

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(B) in subparagraph (A), by striking ‘‘alter- ‘‘(d) GRANT REQUIREMENTS.—The Secretary ‘‘(I) the technical capability of the grant natives analysis related to the development may not approve a grant for a project under recipient to construct the project; of systems,’’; this section unless the Secretary determines ‘‘(J) any adjustment to the project jus- (C) by striking subparagraphs (B), (C), (D), that— tification necessary to reflect differences in and (G); ‘‘(1) the project is part of an approved local land, construction, and operating costs; (D) by redesignating subparagraphs (E), transportation plan and program of projects and (F), and (H) as subparagraphs (B), (C), and required under sections 5303, 5304, and 5306; ‘‘(K) other factors that the Secretary de- (D), respectively; and termines to be appropriate to carry out this (E) in subparagraph (C), as redesignated, ‘‘(2) the applicant has, or will have— chapter. by striking the semicolon at the end and in- ‘‘(A) the legal, financial, and technical ca- ‘‘(4) EVALUATION OF LOCAL FINANCIAL COM- serting ‘‘, including programs of bus and bus- pacity to carry out the project, including MITMENT.— related projects for assistance to subrecipi- safety and security aspects of the project; ‘‘(A) IN GENERAL.—In evaluating a project ents which are public agencies, private com- ‘‘(B) satisfactory continuing control over under paragraph (2)(C), the Secretary shall panies engaged in public transportation, or the use of the equipment or facilities; and require that— private nonprofit organizations; and’’; and ‘‘(C) the capability and willingness to ‘‘(i) the proposed project plan provides for (F) in subparagraph (D), as redesignated— maintain the equipment or facilities.’’. the availability of contingency amounts that (i) by striking ‘‘to support fixed guideway (e) MAJOR CAPITAL INVESTMENT PROJECTS the Secretary determines to be reasonable to systems’’; and OF $75,000,000 OR MORE.—Section 5309(e) is cover unanticipated cost increases; (ii) by striking ‘‘dedicated bus and high oc- amended to read as follows: ‘‘(ii) each proposed local source of capital cupancy vehicle’’; ‘‘(e) MAJOR CAPITAL INVESTMENT PROJECTS and operating financing is stable, reliable, (2) by amending paragraph (2) to read as OF $75,000,000 OR MORE.— and available within the proposed project follows: ‘‘(1) FULL FUNDING GRANT AGREEMENT.—The timetable; and ‘‘(2) GRANTEE REQUIREMENTS.— Secretary shall enter into a full funding ‘‘(iii) local resources are available to re- ‘‘(A) GRANTEE IN URBANIZED AREA.—The grant agreement, based on the evaluations capitalize and operate the overall proposed Secretary shall require that any grants and ratings required under this subsection, public transportation system, including es- awarded under this section to a recipient or with each grantee receiving not less than sential feeder bus and other services nec- subrecipient located in an urbanized area $75,000,000 under this subsection for a new essary to achieve the projected ridership lev- shall be subject to all terms, conditions, re- fixed guideway capital project that— els, while ensuring that the extent and qual- quirements, and provisions that the Sec- ‘‘(A) is authorized for final design and con- ity of existing public transportation services retary determines to be necessary or appro- struction; and are not degraded. priate for the purposes of this section, in- ‘‘(B) has been rated as medium, medium- ‘‘(B) EVALUATION CRITERIA.—In assessing cluding requirements for the disposition of high, or high, in accordance with paragraph the stability, reliability, and availability of net increases in the value of real property re- (5)(B). proposed sources of local financing under sulting from the project assisted under this ‘‘(2) DETERMINATIONS.—The Secretary may paragraph (2)(C), the Secretary shall con- section. not award a grant under this subsection for sider— a new fixed guideway capital project unless ‘‘(B) GRANTEE NOT IN URBANIZED AREA.— ‘‘(i) the reliability of the forecasts of costs The Secretary shall require that any grants the Secretary determines that the proposed and utilization made by the recipient and awarded under this section to a recipient or project is— the contractors to the recipient; subrecipient not located in an urbanized area ‘‘(A) based on the results of an alternatives ‘‘(ii) existing grant commitments; shall be subject to the same terms, condi- analysis and preliminary engineering; ‘‘(iii) the degree to which financing sources ‘‘(B) justified based on a comprehensive re- tions, requirements, and provisions as a re- are dedicated to the proposed purposes; view of its mobility improvements, environ- cipient or subrecipient of assistance under ‘‘(iv) any debt obligation that exists, or is mental benefits, cost-effectiveness, oper- section 5311. proposed by the recipient, for the proposed ating efficiencies, economic development ef- ‘‘(C) SUBRECIPIENT.—The Secretary shall project or other public transportation pur- fects, and public transportation supportive require that any private, nonprofit organiza- pose; and land use patterns and policies; and tion that is a subrecipient of a grant award- ‘‘(v) the extent to which the project has a ‘‘(C) supported by an acceptable degree of ed under this section shall be subject to the local financial commitment that exceeds the local financial commitment, including evi- same terms, conditions, requirements, and required non-Federal share of the cost of the dence of stable and dependable financing provisions as a subrecipient of assistance project, provided that if the Secretary gives sources to construct the project, and main- under section 5310. priority to financing projects that include tain and operate the entire public transpor- ‘‘(D) STATEWIDE TRANSIT PROVIDER GRANT- more than the non-Federal share required tation system, while ensuring that the ex- EES.—A statewide transit provider that re- under subsection (h), the Secretary shall tent and quality of existing public transpor- ceives a grant under this section shall be give equal consideration to differences in the tation services are not degraded. subject to the terms, conditions, require- fiscal capacity of State and local govern- ‘‘(3) EVALUATION OF PROJECT JUSTIFICA- ments, and provisions of this section or sec- ments. TION.—In making the determinations under tion 5311, consistent with the scope and pur- ‘‘(5) PROJECT ADVANCEMENT AND RATINGS.— paragraph (2)(B) for a major capital invest- pose of the grant and the location of the ‘‘(A) PROJECT ADVANCEMENT.—A proposed ment grant, the Secretary shall analyze, project.’’; and project under this subsection shall not ad- evaluate, and consider— (3) by adding at the end the following: vance from alternatives analysis to prelimi- ‘‘(A) the results of the alternatives anal- nary engineering or from preliminary engi- ‘‘(3) CERTIFICATION.—An applicant that has ysis and preliminary engineering for the pro- neering to final design and construction un- submitted the certifications required under posed project; less the Secretary determines that the subparagraphs (A), (B), (C), and (H) of section ‘‘(B) the reliability of the forecasts of costs project meets the requirements of this sec- 5307(d)(1) shall be deemed to have provided and utilization made by the recipient and tion and there is a reasonable likelihood that sufficient information upon which the Sec- the contractors to the recipient; the project will continue to meet such re- retary may make the findings required under ‘‘(C) the direct and indirect costs of rel- quirements. this subsection.’’. (c) DEFINED TERM.—Section 5309(b) is evant alternatives; ‘‘(B) RATINGS.—In making a determination amended to read as follows: ‘‘(D) factors such as— under subparagraph (A), the Secretary shall ‘‘(b) DEFINED TERM.—As used in this sec- ‘‘(i) congestion relief; evaluate and rate the project on a 5-point tion, the term ‘alternatives analysis’ means ‘‘(ii) improved mobility; scale (high, medium-high, medium, medium- a study conducted as part of the transpor- ‘‘(iii) air pollution; low, or low) based on the results of the alter- tation planning process required under sec- ‘‘(iv) noise pollution; natives analysis, the project justification tions 5303 and 5304, which includes— ‘‘(v) energy consumption; and criteria, and the degree of local financial ‘‘(1) an assessment of a wide range of pub- ‘‘(vi) all associated ancillary and mitiga- commitment, as required under this sub- lic transportation alternatives designed to tion costs necessary to carry out each alter- section. In rating the projects, the Secretary address a transportation problem in a cor- native analyzed; shall provide, in addition to the overall ridor or subarea; ‘‘(E) reductions in local infrastructure project rating, individual ratings for each of ‘‘(2) sufficient information to enable the costs achieved through compact land use de- the criteria established by regulation. Secretary to make the findings of project velopment and positive impacts on the ca- ‘‘(6) APPLICABILITY.—This subsection shall justification and local financial commitment pacity, utilization, or longevity of other sur- not apply to projects for which the Secretary required under this section; face transportation assets and facilities; has issued a letter of intent or entered into ‘‘(3) the selection of a locally preferred al- ‘‘(F) the cost of suburban sprawl; a full funding grant agreement before the ternative; and ‘‘(G) the degree to which the project in- date of enactment of the Federal Public ‘‘(4) the adoption of the locally preferred creases the mobility of the public transpor- Transportation Act of 2005. alternative as part of the long-range trans- tation dependent population or promotes ‘‘(7) RULEMAKING.—Not later than 240 days portation plan required under section 5303.’’. economic development; after the date of enactment of the Federal (d) GRANT REQUIREMENTS.—Section 5309(d) ‘‘(H) population density and current tran- Public Transportation Act of 2005, the Sec- is amended to read as follows: sit ridership in the transportation corridor; retary shall issue regulations on the manner

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by which the Secretary shall evaluate and which the project is likely to achieve local ‘‘(ii) INFORMATION COLLECTION AND ANAL- rate projects based on the results of alter- developmental goals; YSIS PLAN.— natives analysis, project justification, and ‘‘(ii) determine the cost effectiveness of ‘‘(I) SUBMISSION OF PLAN.—Applicants seek- local financial commitment, in accordance the project at the time of the initiation of ing a full funding grant agreement shall sub- with this subsection. revenue service; mit a complete plan for the collection and ‘‘(8) POLICY GUIDANCE.— ‘‘(iii) determine the degree to which the analysis of information to identify the im- ‘‘(A) PUBLICATION.—The Secretary shall project will have a positive effect on local pacts of the new start project and the accu- publish policy guidance regarding the new economic development; racy of the forecasts prepared during the de- starts project review and evaluation proc- ‘‘(iv) consider the reliability of the fore- velopment of the project. Preparation of this ess— casts of costs and ridership associated with plan shall be included in the full funding ‘‘(i) not later than 120 days after the date the project; and grant agreement as an eligible activity. of enactment of the Federal Public Transpor- ‘‘(v) consider other factors that the Sec- ‘‘(II) CONTENTS OF PLAN.—The plan sub- tation Act of 2005; and retary determines to be appropriate to carry mitted under subclause (I) shall provide for— ‘‘(ii) each time significant changes are out this subsection. ‘‘(aa) the collection of data on the current made by the Secretary to the new starts ‘‘(D) LOCAL FINANCIAL COMMITMENT.—For transit system regarding transit service lev- project review and evaluation process and purposes of subparagraph (A)(iii), the Sec- els and ridership patterns, including origins criteria, but not less frequently than once retary shall require that each proposed local and destinations, access modes, trip pur- every 2 years. source of capital and operating financing is poses, and rider characteristics; ‘‘(B) PUBLIC COMMENT AND RESPONSE.—The stable, reliable, and available within the pro- ‘‘(bb) documentation of the predicted Secretary shall— posed project timetable. scope, service levels, capital costs, operating ‘‘(i) invite public comment to the policy ‘‘(3) ADVANCEMENT OF PROJECT TO DEVELOP- costs, and ridership of the project; guidance published under subparagraph (A); MENT AND CONSTRUCTION.— ‘‘(cc) collection of data on the transit sys- and ‘‘(A) IN GENERAL.—A proposed project tem 2 years after the opening of the new ‘‘(ii) publish a response to the comments under this subsection may not advance from start project, including analogous informa- received under clause (i).’’. the planning and alternatives analysis stage tion on transit service levels and ridership (f) MAJOR CAPITAL INVESTMENT PROJECTS to project development and construction un- patterns and information on the as-built OF LESS THAN $75,000,000.— Section 5309(f) is less— scope and capital costs of the new start amended to read as follows: ‘‘(i) the Secretary finds that the project project; and ‘‘(f) MAJOR CAPITAL INVESTMENT PROJECTS meets the requirements of this subsection ‘‘(dd) analysis of the consistency of pre- OF LESS THAN $75,000,000.— and there is a reasonable likelihood that the dicted project characteristics with the after ‘‘(1) PROJECT CONSTRUCTION GRANT AGREE- project will continue to meet such require- data. MENT.— ments; and ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(ii) the metropolitan planning organiza- ‘‘(D) COLLECTION OF DATA ON CURRENT SYS- enter into a project construction grant tion has adopted the locally preferred alter- TEM.—To be eligible for a full funding grant agreement, based on evaluations and ratings native for the project into the long-range agreement, recipients shall have collected required under this subsection, with each transportation plan. data on the current system, according to the grantee receiving less than $75,000,000 under ‘‘(B) EVALUATION.—In making the findings plan required, before the beginning of con- this subsection for a new fixed guideway or under subparagraph (A), the Secretary shall struction of the proposed new start project. corridor improvement capital project that— evaluate and rate the project as high, me- Collection of this data shall be included in ‘‘(i) is authorized by law; and dium-high, medium, medium-low, or low, the full funding grant agreement as an eligi- ‘‘(ii) has been rated as medium, medium- based on the results of the analysis of the ble activity. high, or high, in accordance with paragraph project justification criteria and the degree ‘‘(E) PUBLIC PRIVATE PARTNERSHIP PILOT (3)(B). of local financial commitment, as required PROGRAM.— ‘‘(B) CONTENTS.— under this subsection. ‘‘(i) AUTHORIZATION.—The Secretary may ‘‘(i) IN GENERAL.—An agreement under this ‘‘(4) IMPACT REPORT.— establish a pilot program to demonstrate the paragraph shall specify— ‘‘(A) IN GENERAL.—Not later than 240 days advantages of public-private partnerships for ‘‘(I) the scope of the project to be con- after the date of enactment of the Federal certain fixed guideway systems development structed; Public Transportation Act of 2005, the Fed- projects. ‘‘(II) the estimated net cost of the project; eral Transit Administration shall submit a ‘‘(ii) IDENTIFICATION OF QUALIFIED ‘‘(III) the schedule under which the project report on the methodology to be used in PROJECTS.—The Secretary shall identify shall be constructed; evaluating the land use and economic devel- qualified public-private partnership projects ‘‘(IV) the maximum amount of funding to opment impacts of non-fixed guideway or as permitted by applicable State and local be obtained under this subsection; partial fixed guideway projects to— enabling laws and work with project spon- ‘‘(V) the proposed schedule for obligation ‘‘(i) the Committee on Banking, Housing, sors to enhance project delivery and reduce of future Federal grants; and and Urban Affairs of the Senate; and overall costs.’’. ‘‘(VI) the sources of non-Federal funding. ‘‘(ii) the Committee on Transportation and (h) GOVERNMENT SHARE OF NET PROJECT ‘‘(ii) ADDITIONAL FUNDING.—The agreement Infrastructure of the House of Representa- may include a commitment on the part of COST.—Section 5309(h) is amended to read as tives. follows: the Secretary to provide funding for the ‘‘(B) CONTENTS.—The report submitted project in future fiscal years. under subparagraph (A) shall address any ‘‘(h) GOVERNMENT SHARE OF ADJUSTED NET ‘‘(C) FULL FUNDING GRANT AGREEMENT.—An qualitative and quantitative differences be- PROJECT COST.— agreement under this paragraph shall be con- tween fixed guideway and non-fixed guide- ‘‘(1) IN GENERAL.—The Secretary shall esti- sidered a full funding grant agreement for way projects with respect to land use and mate the net project cost based on engineer- the purposes of subsection (g). economic development impacts. ing studies, studies of economic feasibility, ‘‘(2) SELECTION PROCESS.— ‘‘(5) REGULATIONS.—Not later than 120 days and information on the expected use of ‘‘(A) SELECTION CRITERIA.—The Secretary after the date of enactment of the Federal equipment or facilities. may not award a grant under this subsection Public Transportation Act of 2005, the Sec- ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER for a proposed project unless the Secretary retary shall issue regulations establishing an BUDGET.—The Secretary may adjust the final determines that the project is— evaluation and rating process for proposed net project cost of a major capital invest- ‘‘(i) based on the results of planning and al- projects under this subsection that is based ment project evaluated under subsections (e) ternatives analysis; on the results of project justification and and (f) to include the cost of eligible activi- ‘‘(ii) justified based on a review of its pub- local financial commitment, as required ties not included in the originally defined lic transportation supportive land use poli- under this subsection.’’. project if the Secretary determines that the cies, cost effectiveness, and effect on local (g) FULL FUNDING GRANT AGREEMENTS.— originally defined project has been com- economic development; and Section 5309(g)(2) is amended by adding at pleted at a cost that is significantly below ‘‘(iii) supported by an acceptable degree of the end the following: the original estimate. local financial commitment. ‘‘(C) BEFORE AND AFTER STUDY.— ‘‘(3) MAXIMUM GOVERNMENT SHARE.— ‘‘(B) PLANNING AND ALTERNATIVES.—In ‘‘(i) IN GENERAL.—Each full funding grant ‘‘(A) IN GENERAL.—A grant for the project evaluating a project under subparagraph agreement shall require the applicant to shall be for 80 percent of the net project cost, (A)(i), the Secretary shall analyze and con- conduct a study that— or the net project cost as adjusted under sider the results of planning and alternatives ‘‘(I) describes and analyzes the impacts of paragraph (2), unless the grant recipient re- analysis for the project. the new start project on transit services and quests a lower grant percentage. ‘‘(C) PROJECT JUSTIFICATION.—In making transit ridership; ‘‘(B) EXCEPTIONS.—The Secretary may pro- the determinations under subparagraph ‘‘(II) evaluates the consistency of predicted vide a higher grant percentage than re- (A)(ii), the Secretary shall— and actual project characteristics and per- quested by the grant recipient if— ‘‘(i) determine the degree to which local formance; and ‘‘(i) the Secretary determines that the net land use policies are supportive of the public ‘‘(III) identifies sources of differences be- project cost of the project is not more than transportation project and the degree to tween predicted and actual outcomes. 10 percent higher than the net project cost

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4740 CONGRESSIONAL RECORD — SENATE May 9, 2005 estimated at the time the project was ap- after shall be allocated in accordance with ‘‘(iv) the Subcommittee on Transportation, proved for advancement into preliminary en- section 5337. Treasury, and General Government of the gineering; and ‘‘(4) PRELIMINARY ENGINEERING.—Not more Committee on Appropriations of the Senate. ‘‘(ii) the ridership estimated for the project that 8 percent of the allocation described in ‘‘(B) CONTENTS.—Each report submitted is not less than 90 percent of the ridership es- paragraphs (1)(A) and (2)(A) may be expended under subparagraph (A) shall contain— timated for the project at the time the on preliminary engineering. ‘‘(i) a summary of the ratings of all capital project was approved for advancement into ‘‘(5) FUNDING FOR FERRY BOATS.—Of the investment projects for which funding was preliminary engineering. amounts described in paragraphs (1)(A) and requested under this section; ‘‘(4) OTHER SOURCES.—The costs not funded (2)(A), $10,400,000 shall be available in each of ‘‘(ii) detailed ratings and evaluations on by a grant under this section may be funded the fiscal years 2005 through 2009 for capital the project of each applicant that had sig- from— projects in Alaska and Hawaii for new fixed nificant changes to the finance or project ‘‘(A) an undistributed cash surplus; guideway systems and extension projects proposal or has completed alternatives anal- ‘‘(B) a replacement or depreciation cash utilizing ferry boats, ferry boat terminals, or ysis or preliminary engineering since the fund or reserve; or approaches to ferry boat terminals. date of the latest report; and ‘‘(C) new capital, including any Federal ‘‘(6) BUS AND BUS FACILITY GRANTS.— ‘‘(iii) all relevant information supporting funds that are eligible to be expended for ‘‘(A) CONSIDERATIONS.—In making grants the evaluation and rating of each updated transportation. under paragraphs (1)(C) and (2)(B), the Sec- project, including a summary of the finan- ‘‘(5) PLANNED EXTENSION TO FIXED GUIDE- retary shall consider the age and condition cial plan of each updated project. WAY SYSTEM.—In addition to amounts al- of buses, bus fleets, related equipment, and ‘‘(3) BEFORE AND AFTER STUDY REPORTS.— lowed under paragraph (1), a planned exten- bus-related facilities. Not later than the first Monday of August of sion to a fixed guideway system may include ‘‘(B) PROJECTS NOT IN URBANIZED AREAS.— each year, the Secretary shall submit a re- the cost of rolling stock previously pur- Of the amounts made available under para- port containing a summary of the results of chased if the Secretary determines that only graphs (1)(C) and (2)(B), not less than 5.5 per- the studies conducted under subsection (g)(2) non-Federal funds were used and that the to— purchase was made for use on the extension. cent shall be available in each fiscal year for A refund or reduction of the costs not funded projects that are not in urbanized areas. ‘‘(A) the Committee on Transportation and by a grant under this section may be made ‘‘(C) INTERMODAL TERMINALS.—Of the Infrastructure of the House of Representa- only if a refund of a proportional amount of amounts made available under paragraphs tives; the grant is made at the same time. (1)(C) and (2)(B), not less than $75,000,000 ‘‘(B) the Committee on Banking, Housing, and Urban Affairs of the Senate; ‘‘(6) EXCEPTION.—The prohibitions on the shall be available in each fiscal year for use of funds for matching requirements intermodal terminal projects, including the ‘‘(C) the Subcommittee on the Depart- under section 403(a)(5)(C)(vii) of the Social intercity bus portion of such projects.’’. ments of Transportation, Treasury, Housing and Urban Development, The Judiciary, Dis- Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall (k) REPORTS.—Section 5309 is amended by trict of Columbia, and Independent Agencies not apply to amounts allowed under para- inserting at the end the following: graph (4).’’. of the Committee on Appropriations of the (i) LOAN PROVISIONS AND FISCAL CAPACITY ‘‘(m) REPORTS.— House of Representatives; and CONSIDERATIONS.—Section 5309 is amended— ‘‘(1) ANNUAL REPORT ON FUNDING REC- ‘‘(D) the Subcommittee on Transportation, (1) by striking subsections (i), (j), (k), and OMMENDATIONS.— Treasury, and General Government of the (l); ‘‘(A) IN GENERAL.—Not later than the first Committee on Appropriations of the Senate. (2) by redesignating subsections (m) and (n) Monday of February of each year, the Sec- ‘‘(4) CONTRACTOR PERFORMANCE ASSESSMENT as subsections (i) and (j), respectively; retary shall submit a report on funding rec- REPORT.— (3) by striking subsection (o) (as added by ommendations to— ‘‘(A) IN GENERAL.—Not later than 180 days section 3009(i) of the Federal Transit Act of ‘‘(i) the Committee on Transportation and after the enactment of the Federal Public 1998); and Infrastructure of the House of Representa- Transportation Act of 2005, and each year (4) by redesignating subsections (o) and (p) tives; thereafter, the Secretary shall submit a re- as subsections (k) and (l), respectively. ‘‘(ii) the Committee on Banking, Housing, port analyzing the consistency and accuracy (j) ALLOCATING AMOUNTS.—Section 5309(i), and Urban Affairs of the Senate; of cost and ridership estimates made by each as redesignated, is amended to read as fol- ‘‘(iii) the Subcommittee on the Depart- contractor to public transportation agencies lows: ments of Transportation, Treasury, Housing developing major investment projects to the ‘‘(i) ALLOCATING AMOUNTS.— and Urban Development, The Judiciary, Dis- committees and subcommittees listed under ‘‘(1) FISCAL YEAR 2005.—Of the amounts trict of Columbia, and Independent Agencies paragraph (3). made available or appropriated for fiscal of the Committee on Appropriations of the ‘‘(B) CONTENTS.—The report submitted year 2005 under section 5338(a)(3)— House of Representatives; and under subparagraph (A) shall compare the ‘‘(A) $1,437,829,600 shall be allocated for ‘‘(iv) the Subcommittee on Transportation, cost and ridership estimates made at the projects of not less than $75,000,000 for major Treasury, and General Government of the time projects are approved for entrance into capital projects for new fixed guideway sys- Committee on Appropriations of the Senate. preliminary engineering with— tems and extensions of such systems under ‘‘(B) CONTENTS.—The report submitted ‘‘(i) estimates made at the time projects subsection (e) and projects for new fixed under subparagraph (A) shall contain— are approved for entrance into final design; guideway or corridor improvement capital ‘‘(i) a proposal on the allocation of ‘‘(ii) costs and ridership when the project projects under subsection (f); amounts to finance grants for capital invest- commences revenue operation; and ‘‘(B) $1,204,684,800 shall be allocated for ment projects among grant applicants; ‘‘(iii) costs and ridership when the project capital projects for fixed guideway mod- ‘‘(ii) a recommendation of projects to be has been in operation for 2 years. ernization; and funded based on— ‘‘(5) ANNUAL GOVERNMENT ACCOUNTABILITY ‘‘(C) $669,600,000 shall be allocated for cap- ‘‘(I) the evaluations and ratings deter- OFFICE REVIEW.— ital projects for buses and bus-related equip- mined under subsection (e) and (f); and ‘‘(A) REVIEW.—The Comptroller General of ment and facilities. ‘‘(II) existing commitments and antici- the United States shall conduct an annual ‘‘(2) IN GENERAL.—Of the amounts made pated funding levels for the subsequent 3 fis- review of the processes and procedures for available or appropriated for fiscal year 2006 cal years; and evaluating and rating projects and recom- and each fiscal year thereafter for grants ‘‘(iii) detailed ratings and evaluations on mending projects and the Secretary’s imple- under this section pursuant to subsections each project recommended for funding. mentation of such processes and procedures. (b)(4) and (c) of section 5338— ‘‘(2) TRIANNUAL REPORTS ON PROJECT RAT- ‘‘(B) REPORT.—Not later than 90 days after ‘‘(A) the amounts appropriated under sec- INGS.— the submission of each report required under tion 5338(c) shall be allocated for major cap- ‘‘(A) IN GENERAL.—Not later than the first paragraph (1), the Comptroller General shall ital projects for— Monday of February, the first Monday of submit a report to Congress that summarizes ‘‘(i) new fixed guideway systems and exten- June, and the first Monday of October of the results of the review conducted under sions of not less than $75,000,000, in accord- each year, the Secretary shall submit a re- subparagraph (A). ance with subsection (e); and port on project ratings to— ‘‘(6) CONTRACTOR PERFORMANCE INCENTIVE ‘‘(ii) projects for new fixed guideway or ‘‘(i) the Committee on Transportation and REPORT.—Not later than 180 days after the corridor improvement capital projects, in ac- Infrastructure of the House of Representa- enactment of the Federal Public Transpor- cordance with subsection (f); and tives; tation Act of 2005, the Secretary shall sub- ‘‘(B) the amounts made available under ‘‘(ii) the Committee on Banking, Housing, mit a report to the committees and subsection 5338(b)(4) shall be allocated for cap- and Urban Affairs of the Senate; committees listed under paragraph (3) on the ital projects for buses and bus-related equip- ‘‘(iii) the Subcommittee on the Depart- suitability of allowing contractors to public ment and facilities. ments of Transportation, Treasury, Housing transportation agencies that undertake ‘‘(3) FIXED GUIDEWAY MODERNIZATION.—The and Urban Development, The Judiciary, Dis- major capital investments under this section amounts made available for fixed guideway trict of Columbia, and Independent Agencies to receive performance incentive awards if a modernization under section 5338(b)(2)(K) for of the Committee on Appropriations of the project is completed for less than the origi- fiscal year 2006 and each fiscal year there- House of Representatives; and nal estimated cost.’’.

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(l) RESTRICTIONS ON USE OF BUS CATEGORY a private social service organization, or new (b) CONFORMING AMENDMENT.—The item re- FUNDS FOR FIXED GUIDEWAY PROJECTS.— capital; and lating to section 5310 in the table of sections Funds provided to grantees under the bus ‘‘(B) may be derived from amounts appro- for chapter 53 is amended to read as follows: and bus facility category for fixed guideway priated to or made available to any Federal ‘‘5310. New freedom for elderly persons and ferry and gondola projects in the Depart- agency (other than the Department of Trans- persons with disabilities.’’. ment of Transportation and Related Agen- portation, except for Federal Lands Highway SEC. 6013. FORMULA GRANTS FOR OTHER THAN cies Appropriations Acts for any of fiscal funds) that are eligible to be expended for URBANIZED AREAS. years 1998 through 2005, or accompanying transportation. (a) DEFINITIONS.—Section 5311(a) is amend- committee reports, that remain available ‘‘(3) EXCEPTION.—For purposes of paragraph ed to read as follows: and unobligated may be used for fixed guide- (2), the prohibitions on the use of funds for ‘‘(a) DEFINITIONS.—As used in this section, way projects under this section. matching requirements under section the following definitions shall apply: SEC. 6012. NEW FREEDOM FOR ELDERLY PER- 403(a)(5)(C)(vii) of the Social Security Act (42 ‘‘(1) RECIPIENT.—The term ‘recipient’ SONS AND PERSONS WITH DISABIL- U.S.C. 603(a)(5)(C)(vii)) shall not apply to means a State or Indian tribe that receives a ITIES. Federal or State funds to be used for trans- Federal transit program grant directly from (a) IN GENERAL.—Section 5310 is amended portation purposes. the Federal Government. to read as follows: ‘‘(d) GRANT REQUIREMENTS.— ‘‘(2) SUBRECIPIENT.—The term ‘sub- ‘‘(1) IN GENERAL.—A grant recipient under ‘‘§ 5310. New freedom for elderly persons and recipient’ means a State or local govern- this section shall be subject to the require- persons with disabilities mental authority, a nonprofit organization, ments of a grant recipient under section 5307 or a private operator of public transpor- ‘‘(a) GENERAL AUTHORITY.— to the extent the Secretary determines to be tation or intercity bus service that receives ‘‘(1) AUTHORIZATION.—The Secretary may appropriate. Federal transit program grant funds indi- award grants to a State for capital public ‘‘(2) CERTIFICATION REQUIREMENTS.— rectly through a recipient.’’. transportation projects that are planned, de- ‘‘(A) FUND TRANSFERS.—A grant recipient (b) GENERAL AUTHORITY.—Section 5311(b) is signed, and carried out to meet the needs of under this section that transfers funds to a amended— elderly individuals and individuals with dis- project funded under section 5336 in accord- (1) by amending paragraph (1) to read as abilities, with priority given to the needs of ance with subsection (b)(2) shall certify that follows: these individuals to access necessary health the project for which the funds are requested ‘‘(1) GRANTS AUTHORIZED.—Except as pro- care. has been coordinated with private nonprofit vided under paragraph (2), the Secretary may ‘‘(2) ACQUISITION OF PUBLIC TRANSPORTATION providers of services under this section. award grants under this section to recipients SERVICES.—A capital public transportation ‘‘(B) PROJECT SELECTION AND PLAN DEVEL- located in areas other than urbanized areas project under this section may include ac- OPMENT.—Each grant recipient under this for— quiring public transportation services as an section shall certify that— ‘‘(A) public transportation capital projects; eligible capital expense. ‘‘(i) the projects selected were derived from ‘‘(B) operating costs of equipment and fa- ‘‘(3) ADMINISTRATIVE COSTS.—A State may a locally developed, coordinated public tran- cilities for use in public transportation; and use not more than 15 percent of the amounts sit-human services transportation plan; and ‘‘(C) the acquisition of public transpor- received under this section to administer, ‘‘(ii) the plan was developed through a tation services.’’; plan, and provide technical assistance for a process that included representatives of pub- (2) by redesignating paragraph (2) as para- project funded under this section. lic, private, and nonprofit transportation graph (3); ‘‘(b) ALLOTMENTS AMONG STATES.— and human services providers and participa- (3) by inserting after paragraph (1) the fol- ‘‘(1) IN GENERAL.—From amounts made tion by the public. lowing: available or appropriated in each fiscal year ‘‘(C) ALLOCATIONS TO SUBRECIPIENTS.—Each ‘‘(2) STATE PROGRAM.— under subsections (a)(1)(C)(iv) and (b)(2)(D) of grant recipient under this section shall cer- ‘‘(A) IN GENERAL.—A project eligible for a section 5338 for grants under this section, the tify that allocations of the grant to sub- grant under this section shall be included in Secretary shall allot amounts to each State recipients, if any, are distributed on a fair a State program for public transportation under a formula based on the number of el- and equitable basis. service projects, including agreements with derly individuals and individuals with dis- ‘‘(e) STATE PROGRAM OF PROJECTS.— private providers of public transportation abilities in each State. ‘‘(1) SUBMISSION TO SECRETARY.—Each service. ‘‘(2) TRANSFER OF FUNDS.—Any funds allot- State shall annually submit a program of ‘‘(B) SUBMISSION TO SECRETARY.—Each ted to a State under paragraph (1) may be transportation projects to the Secretary for State shall annually submit the program de- transferred by the State to the apportion- approval with an assurance that the program scribed in subparagraph (A) to the Secretary. ments made under sections 5311(c) and 5336 if provides for maximum feasible coordination ‘‘(C) APPROVAL.—The Secretary may not such funds are only used for eligible projects between transportation services funded approve the program unless the Secretary selected under this section. under this section and transportation serv- determines that— ‘‘(3) REALLOCATION OF FUNDS.—A State re- ices assisted by other Federal sources. ‘‘(i) the program provides a fair distribu- ceiving a grant under this section may re- ‘‘(2) USE OF FUNDS.—Each State may use tion of amounts in the State; and allocate such grant funds to— amounts made available to carry out this ‘‘(ii) the program provides the maximum ‘‘(A) a private nonprofit organization; section to provide transportation services for feasible coordination of public transpor- ‘‘(B) a public transportation agency or au- elderly individuals and individuals with dis- tation service assisted under this section thority; or abilities if such services are included in an with transportation service assisted by other ‘‘(C) a governmental authority that— approved State program of projects. Federal sources.’’; ‘‘(i) has been approved by the State to co- ‘‘(f) LEASING VEHICLES.—Vehicles acquired (4) in paragraph (3), as redesignated— ordinate services for elderly individuals and under this section may be leased to local (A) by striking ‘‘(3) The Secretary of individuals with disabilities; governmental authorities to improve trans- Transportation’’ and inserting the following: ‘‘(ii) certifies that nonprofit organizations portation services designed to meet the ‘‘(3) RURAL TRANSPORTATION ASSISTANCE are not readily available in the area that can needs of elderly individuals and individuals PROGRAM.— provide the services described under this sub- with disabilities. ‘‘(A) ESTABLISHMENT.—The Secretary’’; section; or ‘‘(g) MEAL DELIVERY FOR HOMEBOUND INDI- (B) by striking ‘‘make’’ and inserting ‘‘use ‘‘(iii) will provide services to persons with VIDUALS.—Public transportation service pro- not more than 2 percent of the amount made disabilities that exceed those services re- viders receiving assistance under this sec- available to carry out this section to quired by the Americans with Disabilities tion or section 5311(c) may coordinate and award’’; and assist in regularly providing meal delivery Act. (C) by adding at the end the following: service for homebound individuals if the de- ‘‘(c) GOVERNMENT SHARE.— ‘‘(B) DATA COLLECTION.— livery service does not conflict with pro- ‘‘(1) MAXIMUM.— ‘‘(i) REPORT.—Each grantee under this sec- viding public transportation service or re- ‘‘(A) IN GENERAL.—A grant for a capital tion shall submit an annual report to the duce service to public transportation pas- project under this section may not exceed 80 Secretary containing information on capital sengers. percent of the net capital costs of the investment, operations, and service provided ‘‘(h) TRANSFERS OF FACILITIES AND EQUIP- project, as determined by the Secretary. MENT.—With the consent of the recipient in with funds received under this section, in- ‘‘(B) EXCEPTION.—A State described in sec- possession of a facility or equipment ac- cluding— tion 120(d) of title 23 shall receive an in- quired with a grant under this section, a ‘‘(I) total annual revenue; creased Government share in accordance State may transfer the facility or equipment ‘‘(II) sources of revenue; with the formula under that section. to any recipient eligible to receive assist- ‘‘(III) total annual operating costs; ‘‘(2) REMAINING COSTS.—The costs of a cap- ance under this chapter if the facility or ‘‘(IV) total annual capital costs; ital project under this section that are not equipment will continue to be used as re- ‘‘(V) fleet size and type, and related facili- funded through a grant under this section— quired under this section. ties; ‘‘(A) may be funded from an undistributed ‘‘(i) FARES NOT REQUIRED.—This section ‘‘(VI) revenue vehicle miles; and cash surplus, a replacement or depreciation does not require that elderly individuals and ‘‘(VII) ridership.’’; and cash fund or reserve, a service agreement individuals with disabilities be charged a (5) by adding after paragraph (3) the fol- with a State or local social service agency or fare.’’. lowing:

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‘‘(4) Of the amount made available to carry ‘‘(ii) EXCEPTION.—A State described in sec- (1) SECTION HEADING.—The heading of sec- out paragraph (3)— tion 120(d) of title 23 shall receive a Govern- tion 5312 is amended to read as follows: ‘‘(A) not more than 15 percent may be used ment share of the net capital costs in accord- ‘‘§ 5312. Research, development, demonstra- to carry out projects of a national scope; and ance with the formula under that section. tion, and deployment projects’’. ‘‘(B) any amounts not used under subpara- ‘‘(B) OPERATING ASSISTANCE.— (2) TABLE OF SECTIONS.—The item relating graph (A) shall be allocated to the States.’’. ‘‘(i) IN GENERAL.—Except as provided under to section 5312 in the table of sections for (c) APPORTIONMENTS.—Section 5311(c) is clause (ii), a grant made under this section chapter 53 is amended to read as follows: amended to read as follows: for operating assistance may not exceed 50 ‘‘(c) APPORTIONMENTS.— percent of the net operating costs of the ‘‘5312. Research, development, demonstra- ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES- project, as determined by the Secretary. tion, and deployment ERVATIONS.—Of the amounts made available ‘‘(ii) EXCEPTION.—A State described in sec- projects.’’. or appropriated for each fiscal year pursuant tion 120(d) of title 23 shall receive a Govern- SEC. 6015. TRANSIT COOPERATIVE RESEARCH to subsections (a)(1)(C)(v) and (b)(2)(F) of sec- ment share of the net operating costs equal PROGRAM. tion 5338, the following amounts shall be ap- to 62.5 percent of the Government share pro- (a) IN GENERAL.—Section 5313 is amended— portioned for grants to Indian tribes for any vided for under subparagraph (A)(ii). (1) by striking subsection (b); purpose eligible under this section, under ‘‘(2) OTHER FUNDING SOURCES.—Funds for a (2) in subsection (a)— such terms and conditions as may be estab- project under this section that are not pro- (A) in paragraph (1), by striking ‘‘(1) The lished by the Secretary: vided for by a grant under this section— amounts made available under paragraphs (1) ‘‘(A) $8,000,000 for fiscal year 2006. ‘‘(A) may be provided from— and (2)C)(ii) of section 5338(c) of this title’’ ‘‘(B) $10,000,000 for fiscal year 2007. ‘‘(i) an undistributed cash surplus; and inserting ‘‘The amounts made available ‘‘(C) $12,000,000 for fiscal year 2008. ‘‘(ii) a replacement or depreciation cash under subsections (a)(5)(C)(iii) and ‘‘(D) $15,000,000 for fiscal year 2009. fund or reserve; (b)(2)(G)(i) of section 5338’’; and ‘‘(2) REMAINING AMOUNTS.—Of the amounts ‘‘(iii) a service agreement with a State or (B) in paragraph (2), by striking ‘‘(2)’’ and made available or appropriated for each fis- local social service agency or a private social inserting the following: cal year pursuant to subsections (a)(1)(C)(v) service organization; or ‘‘(b) GOVERNMENT ASSISTANCE.—’’; and and (b)(2)(F) of section 5338 that are not ap- ‘‘(iv) new capital; and (3) by amending subsection (c) to read as portioned under paragraph (1)— ‘‘(B) may be derived from amounts appro- follows: ‘‘(A) 20 percent shall be apportioned to the priated to or made available to a Govern- ‘‘(c) GOVERNMENT SHARE.—If there would States in accordance with paragraph (3); and ment agency (other than the Department of be a clear and direct financial benefit to an ‘‘(B) 80 percent shall be apportioned to the Transportation, except for Federal Land entity under a grant or contract financed States in accordance with paragraph (4). Highway funds) that are eligible to be ex- under this section, the Secretary shall estab- ‘‘(3) APPORTIONMENTS BASED ON LAND AREA pended for transportation. lish a Government share consistent with such benefit.’’. IN NONURBANIZED AREAS.— ‘‘(3) USE OF GOVERNMENT GRANT.—A State (b) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph carrying out a program of operating assist- (1) SECTION HEADING.—The heading of sec- (B), each State shall receive an amount that ance under this section may not limit the tion 5313 is amended to read as follows: is equal to the amount apportioned under level or extent of use of the Government paragraph (2)(A) multiplied by the ratio of grant for the payment of operating expenses. ‘‘§ 5313. Transit cooperative research pro- the land area in areas other than urbanized ‘‘(4) EXCEPTION.—For purposes of paragraph gram’’. areas in that State and divided by the land (2)(B), the prohibitions on the use of funds (2) TABLE OF SECTIONS.—The item relating area in all areas other than urbanized areas for matching requirements under section to section 5313 in the table of sections for in the United States, as shown by the most 403(a)(5)(c)(vii) of the Social Security Act (42 chapter 53 is amended to read as follows: recent decennial census of population. U.S.C. 603(a)(5)(c)(vii)) shall not apply to ‘‘5313. Transit cooperative research pro- ‘‘(B) MAXIMUM APPORTIONMENT.—No State Federal or State funds to be used for trans- gram.’’. shall receive more than 5 percent of the portation purposes.’’. SEC. 6016. NATIONAL RESEARCH PROGRAMS. amount apportioned under this paragraph. (g) WAIVER CONDITION.—Section 5311(j)(1) is (a) IN GENERAL.—Section 5314 is amended— ‘‘(4) APPORTIONMENTS BASED ON POPULATION amended by striking ‘‘but the Secretary of (1) in subsection (a)— IN NONURBANIZED AREAS.—Each State shall Labor may waive the application of section (A) by amending paragraph (1) to read as receive an amount equal to the amount ap- 5333(b)’’ and inserting ‘‘if the Secretary of follows: portioned under paragraph (2)(B) multiplied Labor utilizes a Special Warranty that pro- ‘‘(1) AVAILABILITY OF FUNDS.—The Sec- by the ratio of the population of areas other vides a fair and equitable arrangement to retary may use amounts made available than urbanized areas in that State divided protect the interests of employees’’. under subsections (a)(5)(C)(iv) and by the population of all areas other than ur- SEC. 6014. RESEARCH, DEVELOPMENT, DEM- (b)(2)(G)(iv) of section 5338 for grants, con- banized areas in the United States, as shown ONSTRATION, AND DEPLOYMENT tracts, cooperative agreements, or other by the most recent decennial census of popu- PROJECTS. transactions for the purposes described in lation.’’. (a) IN GENERAL.—Section 5312 is amended— sections 5312, 5315, and 5322.’’; (d) USE FOR ADMINISTRATIVE, PLANNING, (1) by amending subsection (a) to read as (B) in paragraph (2), by striking ‘‘(2) Of’’ AND TECHNICAL ASSISTANCE.—Section 5311(e) follows: is amended— ‘‘(a) RESEARCH, DEVELOPMENT, AND DEM- and inserting the following: (1) by striking ‘‘AND TECHNICAL ASSIST- ONSTRATION PROJECTS.— ‘‘(2) ADA COMPLIANCE.—From’’; ANCE.—(1) The Secretary of Transportation’’ ‘‘(1) IN GENERAL.—The Secretary may make (C) by amending paragraph (3) to read as and inserting ‘‘, PLANNING, AND TECHNICAL grants, contracts, cooperative agreements, follows: ASSISTANCE.—The Secretary’’; or other transactions (including agreements ‘‘(3) SPECIAL DEMONSTRATION INITIATIVES.— (2) by striking ‘‘to a recipient’’; and with departments, agencies, and instrumen- The Secretary may use not more than 25 per- (3) by striking paragraph (2). talities of the United States Government) for cent of the amounts made available under (e) INTERCITY BUS TRANSPORTATION.—Sec- research, development, demonstration or de- paragraph (1) for special demonstration ini- tion 5311(f) is amended— ployment projects, or evaluation of tech- tiatives, subject to terms that the Secretary (1) in paragraph (1)— nology of national significance to public determines to be consistent with this chap- (A) by striking ‘‘(1)’’ and inserting the fol- transportation that the Secretary deter- ter. For a nonrenewable grant of not more lowing: mines will improve public transportation than $100,000, the Secretary shall provide ex- ‘‘(1) IN GENERAL.—’’; and service or help public transportation service pedited procedures for complying with the (B) by striking ‘‘after September 30, 1993,’’; meet the total transportation needs at a requirements of this chapter.’’; and minimum cost. (D) in paragraph (4)— (2) in paragraph (2)— ‘‘(2) INFORMATION.—The Secretary may re- (i) by striking subparagraph (B); and (A) by striking ‘‘A State’’ and inserting quest and receive appropriate information (ii) by redesignating subparagraph (C) as ‘‘After consultation with affected intercity from any source. subparagraph (B); and bus service providers, a State’’; and ‘‘(3) SAVINGS PROVISION.—This subsection (E) by adding at the end the following: (B) by striking ‘‘of Transportation’’. does not limit the authority of the Secretary ‘‘(6) MEDICAL TRANSPORTATION DEMONSTRA- (f) GOVERNMENT SHARE OF COSTS.—Section under any other law.’’; TION GRANTS.— 5311(g) is amended to read as follows: (2) by striking subsections (b) and (c); ‘‘(A) GRANTS AUTHORIZED.—The Secretary ‘‘(g) GOVERNMENT SHARE OF COSTS.— (3) by redesignating subsections (d) and (e) may award demonstration grants, from funds ‘‘(1) MAXIMUM GOVERNMENT SHARE.— as (b) and (c), respectively. made available under paragraph (1), to eligi- ‘‘(A) CAPITAL PROJECTS.— (4) in subsection (b)(2), as redesignated, by ble entities to provide transportation serv- ‘‘(i) IN GENERAL.—Except as provided under striking ‘‘other agreements’’ and inserting ices to individuals to access dialysis treat- clause (ii), a grant awarded under this sec- ‘‘other transactions’’; and ments and other medical treatments for tion for any purpose other than operating as- (5) in subsection (c)(2), as redesignated, by renal disease. sistance may not exceed 80 percent of the net striking ‘‘public and private’’ and inserting ‘‘(B) ELIGIBLE ENTITIES.—An entity shall be capital costs of the project, as determined by ‘‘public or private’’. eligible to receive a grant under this para- the Secretary. (b) CONFORMING AMENDMENTS.— graph if the entity—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4743 ‘‘(i) meets the conditions described in sec- ‘‘(D) create a web site to publicize and cir- the Committee on Transportation and Infra- tion 501(c)(3) of the Internal Revenue Code of culate information on senior transportation structure of the House of Representatives’’. 1986; or programs; (c) CONFORMING AMENDMENTS.— ‘‘(ii) is an agency of a State or unit of local ‘‘(E) establish a clearinghouse for print, (1) SECTION HEADING.—The heading for sec- government. video, and audio resources on senior mobil- tion 5314 is amended to read as follows: ‘‘(C) USE OF FUNDS.—Grant funds received ity; and ‘‘§ 5314. National research programs’’. ‘‘(F) administer the demonstration grant under this paragraph may be used to provide (2) TABLE OF SECTIONS.—The item relating transportation services to individuals to ac- program established under paragraph (4). to section 5314 in the table of sections for cess dialysis treatments and other medical ‘‘(4) GRANTS AUTHORIZED.— chapter 53 is amended to read as follows: treatments for renal disease. ‘‘(A) IN GENERAL.—The national technical ‘‘5314. National research programs.’’. ‘‘(D) APPLICATION.— assistance center established under this sec- SEC. 6017. NATIONAL TRANSIT INSTITUTE. ‘‘(i) IN GENERAL.—Each eligible entity de- tion, in consultation with the Federal Tran- (a) Section 5315 is amended— siring a grant under this paragraph shall sit Administration, shall award senior trans- (1) by striking subsections (a) and (b) and submit an application to the Secretary at portation demonstration grants to— inserting the following: such time, at such place, and containing ‘‘(i) local transportation organizations; ‘‘(ii) State agencies; ‘‘(a) ESTABLISHMENT.—The Secretary shall such information as the Secretary may rea- award grants to Rutgers University to con- sonably require. ‘‘(iii) units of local government; and ‘‘(iv) nonprofit organizations. duct a national transit institute. ‘‘(ii) SELECTION OF GRANTEES.—In awarding ‘‘(b) DUTIES.— ‘‘(B) USE OF FUNDS.—Grant funds received grants under this paragraph, the Secretary ‘‘(1) IN GENERAL.—In cooperation with the under this paragraph may be used to— shall give preference to eligible entities from Federal Transit Administration, State trans- ‘‘(i) evaluate the state of transportation communities with— portation departments, public transpor- services for senior citizens; ‘‘(I) high incidence of renal disease; and tation authorities, and national and inter- ‘‘(ii) recognize barriers to mobility that ‘‘(II) limited access to dialysis facilities. national entities, the institute established ‘‘(E) RULEMAKING.—The Secretary shall senior citizens encounter in their communities; pursuant to subsection (a) shall develop and issue regulations to implement and admin- conduct training programs for Federal, ister the grant program established under ‘‘(iii) establish partnerships and promote coordination among community stake- State, and local transportation employees, this paragraph. United States citizens, and foreign nationals ‘‘(F) REPORT.—The Secretary shall submit holders, including public, not-for-profit, and for-profit providers of transportation serv- engaged or to be engaged in Government-aid a report on the results of the demonstration public transportation work. projects funded under this paragraph to the ices for senior citizens; ‘‘(iv) identify future transportation needs ‘‘(2) TRAINING PROGRAMS.—The training Committee on Banking, Housing, and Urban programs developed under paragraph (1) may Affairs of the Senate and the Committee on of senior citizens within local communities; and include courses in recent developments, Transportation and Infrastructure of the techniques, and procedures related to— House of Representatives.’’; and ‘‘(v) establish strategies to meet the unique needs of healthy and frail senior citi- ‘‘(A) intermodal and public transportation (2) by amending subsection (b) to read as planning; follows: zens. ‘‘(C) SELECTION OF GRANTEES.—The Sec- ‘‘(B) management; ‘‘(b) GOVERNMENT SHARE.—If there would retary shall select grantees under this sub- ‘‘(C) environmental factors; be a clear and direct financial benefit to an section based on a fair representation of var- ‘‘(D) acquisition and joint use rights of entity under a grant, contract, cooperative ious geographical locations throughout the way; agreement, or other transaction financed United States. ‘‘(E) engineering and architectural design; under subsection (a) or section 5312, 5313, ‘‘(5) ALLOCATIONS.—From the funds made ‘‘(F) procurement strategies for public 5315, or 5322, the Secretary shall establish a available for each fiscal year under sub- transportation systems; Government share consistent with such ben- sections (a)(5)(C)(iv) and (b)(2)(G)(iv) of sec- ‘‘(G) turnkey approaches to delivering pub- efit.’’. tion 5338, $3,000,000 shall be allocated to lic transportation systems; carry out this subsection. ‘‘(H) new technologies; (c) NATIONAL TECHNICAL ASSISTANCE CEN- ‘‘(d) ALTERNATIVE FUELS STUDY.— ‘‘(I) emission reduction technologies; TER FOR SENIOR TRANSPORTATION; ALTER- ‘‘(1) STUDY.—The Secretary shall conduct a ‘‘(J) ways to make public transportation NATIVE FUELS STUDY.—Section 5314 is amend- study of the actions necessary to facilitate accessible to individuals with disabilities; ed by adding at the end the following: the purchase of increased volumes of alter- ‘‘(K) construction, construction manage- ‘‘(c) NATIONAL TECHNICAL ASSISTANCE CEN- native fuels (as defined in section 301 of the ment, insurance, and risk management; TER FOR SENIOR TRANSPORTATION.— Energy Policy Act of 1992 (42 U.S.C. 13211)) ‘‘(L) maintenance; ‘‘(1) ESTABLISHMENT.—The Secretary shall for use in public transit vehicles ‘‘(M) contract administration; award grants to a national not-for-profit or- ‘‘(2) SCOPE OF STUDY.—The study conducted ‘‘(N) inspection; ganization for the establishment and mainte- under this subsection shall focus on the in- ‘‘(O) innovative finance; nance of a national technical assistance cen- centives necessary to increase the use of al- ‘‘(P) workplace safety; and ter. ternative fuels in public transit vehicles, in- ‘‘(Q) public transportation security.’’; and ‘‘(2) ELIGIBILITY.—An organization shall be cluding buses, fixed guideway vehicles, and (2) in subsection (d), by striking ‘‘mass’’ eligible to receive the grant under paragraph ferries. each place it appears. (1) if the organization— ‘‘(3) CONTENTS.—The study shall consider— SEC. 6018. BUS TESTING FACILITY. ‘‘(A) focuses significantly on serving the ‘‘(A) the environmental benefits of in- Section 5318 is amended— needs of the elderly; creased use of alternative fuels in transit ve- (1) in subsection (a)— ‘‘(B) has demonstrated knowledge and ex- hicles; (A) by striking ‘‘ESTABLISHMENT.—The pertise in senior transportation policy and ‘‘(B) existing opportunities available to Secretary of Transportation shall establish planning issues; transit system operators that encourage the one facility’’ and inserting ‘‘IN GENERAL.— ‘‘(C) has affiliates in a majority of the purchase of alternative fuels for transit vehi- The Secretary shall maintain 1 facility’’; and States; cle operation; (B) by striking ‘‘established by ren- ‘‘(D) has the capacity to convene local ‘‘(C) existing barriers to transit system op- ovating’’ and inserting ‘‘maintained at’’; and groups to consult on operation and develop- erators that discourage the purchase of al- (2) in subsection (d), by striking ‘‘section ment of senior transportation programs; and ternative fuels for transit vehicle operation, 5309(m)(1)(C) of this title’’ and inserting ‘‘(E) has established close working rela- including situations where alternative fuels ‘‘paragraphs (1)(C) and (2)(B) of section tionships with the Federal Transit Adminis- that do not require capital improvements to 5309(i)’’. tration and the Administration on Aging. transit vehicles are disadvantaged over fuels SEC. 6019. BICYCLE FACILITIES. ‘‘(3) USE OF FUNDS.—The national technical that do require such improvements; and Section 5319 is amended by striking assistance center established under this sec- ‘‘(D) the necessary levels and type of sup- ‘‘5307(k)’’ and inserting ‘‘5307(d)(1)(K)’’. tion shall— port necessary to encourage additional use of SEC. 6020. SUSPENDED LIGHT RAIL TECHNOLOGY ‘‘(A) gather best practices from throughout alternative fuels for transit vehicle oper- PILOT PROJECT. the country and provide such practices to ation. Section 5320 is repealed. local communities that are implementing ‘‘(4) RECOMMENDATIONS.—The study shall SEC. 6021. CRIME PREVENTION AND SECURITY. senior transportation programs; recommend regulatory and legislative alter- Section 5321 is repealed. ‘‘(B) work with teams from local commu- natives that will result in the increased use SEC. 6022. GENERAL PROVISIONS ON ASSIST- nities to identify how they are successfully of alternative fuels in transit vehicles. ANCE. meeting the transportation needs of senior ‘‘(5) REPORT.—Not later than 1 year after Section 5323 is amended— and any gaps in services in order to create a the date of enactment of the Federal Public (1) in subsection (a)— plan for an integrated senior transportation Transportation Act of 2005, the Secretary (A) by amending paragraph (1) to read as program; shall submit the study completed under this follows: ‘‘(C) provide resources on ways to pay for subsection to the Committee on Banking, ‘‘(1) IN GENERAL.—Financial assistance pro- senior transportation services; Housing, and Urban Affairs of the Senate and vided under this chapter to a State or a local

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4744 CONGRESSIONAL RECORD — SENATE May 9, 2005 governmental authority may be used to ac- States and made available as a result of a SEC. 6023. SPECIAL PROVISIONS FOR CAPITAL quire an interest in, or to buy property of, a military base closure is necessary for transit PROJECTS. private company engaged in public transpor- purposes eligible under this chapter, includ- (a) IN GENERAL.—Section 5324 is amended tation, for a capital project for property ac- ing corridor preservation, the Secretary to read as follows: quired from a private company engaged in shall submit a request to the head of the ‘‘§ 5324. Special provisions for capital projects public transportation after July 9, 1964, or to Federal agency supervising the administra- ‘‘(a) REAL PROPERTY AND RELOCATION operate a public transportation facility or tion of such lands or interests in lands. Such SERVICES.—Whenever real property is ac- equipment in competition with, or in addi- request shall include a map showing the por- quired or furnished as a required contribution to, transportation service provided by tion of such lands or interests in lands, tion incident to a project, the Secretary an existing public transportation company, which is desired to be transferred for public shall not approve the application for finan- only if— transportation purposes. cial assistance unless the applicant has made ‘‘(A) the Secretary determines that such fi- ‘‘(2) TRANSFER OF LAND.—If 4 months after all payments and provided all assistance and nancial assistance is essential to a program submitting a request under paragraph (1), assurances that are required of a State agen- of projects required under sections 5303, 5304, the Secretary does not receive a response cy under sections 210 and 305 of the Uniform and 5306; from the Federal agency described in para- Relocation Assistance and Real Property Ac- ‘‘(B) the Secretary determines that the graph (1) that certifies that the proposed ap- quisition Policies Act of 1970 (42 U.S.C. 4630 program provides for the participation of pri- propriation of land is contrary to the public and 4655). The Secretary must be advised of vate companies engaged in public transpor- interest or inconsistent with the purposes specific references to any State law that are tation to the maximum extent feasible; and for which such land has been reserved, or if believed to be an exception to section 301 or ‘‘(C) just compensation under State or the head of such agency agrees to the utiliza- 302 of such Act (42 U.S.C. 4651 and 4652). local law will be paid to the company for its tion or transfer under conditions necessary ‘‘(b) ADVANCE REAL PROPERTY ACQUISI- franchise or property.’’; and for the adequate protection and utilization TIONS.— (B) in paragraph (2), by striking ‘‘(2)’’ and of the reserve, such land or interests in land (1) IN GENERAL.—The Secretary may par- inserting the following: may be utilized or transferred to a State, ticipate in the acquisition of real property ‘‘(2) LIMITATION.—’’; local governmental authority, or public for any project that may use the property if (2) by amending subsection (b) to read as transportation operator for such purposes the Secretary determines that external mar- follows: and subject to the conditions specified by ket forces are jeopardizing the potential use ‘‘(b) NOTICE AND PUBLIC HEARING.— such agency. ‘‘(1) IN GENERAL.—An application for a of the property for the project and if— ‘‘(3) REVERSION.—If at any time the lands ‘‘(A) there are offers on the open real es- grant under this chapter for a capital project or interests in land utilized or transferred that will substantially affect a community, tate market to convey that property for a under paragraph (2) are no longer needed for use that is incompatible with the project or the public transportation service of a public transportation purposes, the State, community, shall include, in the environ- under study; local governmental authority, or public ‘‘(B) there is an imminent threat of devel- mental record for the project, evidence that transportation operator that received the the applicant has— opment or redevelopment of the property for land shall notify to the Secretary, and such a use that is incompatible with the project ‘‘(A) provided an adequate opportunity for lands shall immediately revert to the control public review and comment on the project; under study; of the head of the Federal agency from which ‘‘(C) recent appraisals reflect a rapid in- ‘‘(B) held a public hearing on the project if the land was originally transferred.’’; the project affects significant economic, so- crease in the fair market value of the prop- (7) in subsection (j)(5), by striking ‘‘Inter- erty; cial, or environmental interests; modal Surface Transportation Efficiency Act ‘‘(C) considered the economic, social, and ‘‘(D) the property, because it is located of 1991 (Public Law 102–240, 105 Stat. 1914)’’ near an existing transportation facility, is environmental effects of the project; and and inserting ‘‘Federal Public Transpor- ‘‘(D) found that the project is consistent likely to be developed and to be needed for a tation Act of 2005’’; future transportation improvement; or with official plans for developing the urban (8) by amending subsection (l) to read as area. ‘‘(E) the property owner can demonstrate follows: that, for health, safety, or financial reasons, ‘‘(2) CONTENTS OF NOTICE.—Notice of a hear- ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Sec- retaining ownership of the property poses an ing under this subsection— tion 1001 of title 18 applies to a certificate, undue hardship on the owner in comparison ‘‘(A) shall include a concise description of submission, or statement provided under this to other affected property owners and re- the proposed project; and chapter. The Secretary may terminate finan- ‘‘(B) shall be published in a newspaper of cial assistance under this chapter and seek quests the acquisition to alleviate that hard- general circulation in the geographic area reimbursement directly, or by offsetting ship. the project will serve.’’; amounts, available under this chapter, if the ‘‘(2) ENVIRONMENTAL REVIEWS.—Property (3) by amending subsection (e) to read as Secretary determines that a recipient of acquired in accordance with this subsection follows: such financial assistance has made a false or may not be developed in anticipation of the ‘‘(e) NEW TECHNOLOGY.—A grant for finan- fraudulent statement or related act in con- project until all required environmental re- cial assistance under this chapter for new nection with a Federal transit program.’’; views for the project have been completed. technology, including innovative or im- (9) in subsection (m), by adding at the end ‘‘(3) LIMITATION.—The Secretary shall limit proved products, techniques, or methods, the following: ‘‘Requirements to perform the size and number of properties acquired shall be subject to the requirements of sec- preaward and postdelivery reviews of rolling under this subsection as necessary to avoid tion 5309 to the extent the Secretary deter- stock purchases to ensure compliance with any prejudice to the Secretary’s objective mines to be appropriate.’’; subsection (j) shall not apply to private non- evaluation of project alternatives. (4) in subsection (f)— profit organizations or to grantees serving ‘‘(4) EXEMPTION.—An acquisition under this (A) by striking ‘‘(1)’’ and inserting the fol- urbanized areas with a population of fewer section shall be considered an exempt lowing: than 1,000,000.’’; project under section 176 of the Clean Air ‘‘(1) IN GENERAL.—’’; (10) in subsection (o), by striking ‘‘the Act (42 U.S.C. 7506). (B) by striking paragraph (2); Transportation Infrastructure Finance and ‘‘(c) RAILROAD CORRIDOR PRESERVATION.— (C) by striking ‘‘This subsection’’ and in- Innovation Act of 1998’’ and inserting ‘‘sub- ‘‘(1) IN GENERAL.—The Secretary may as- serting the following: chapter II of chapter 1 of title 23’’; and sist an applicant to acquire railroad right-of- ‘‘(2) EXCEPTIONS.—This subsection; and (11) by adding at the end the following: way before the completion of the environ- (D) by adding at the end the following: ‘‘(p) BOND PROCEEDS ELIGIBLE FOR LOCAL mental reviews for any project that may use ‘‘(3) PENALTY.—If the Secretary determines SHARE.— the right-of-way if the acquisition is other- that an applicant, governmental authority, ‘‘(1) IN GENERAL.—Notwithstanding any wise permitted under Federal law. The Sec- or publicly owned operator has violated the other provision of law, a recipient of assist- retary may establish restrictions on such an agreement required under paragraph (1), the ance under section 5307 or 5309, may use the acquisition as the Secretary determines to Secretary shall bar the applicant, authority, proceeds from the issuance of revenue bonds be necessary and appropriate. or operator from receiving Federal transit as part of the local matching funds for a cap- ‘‘(2) ENVIRONMENTAL REVIEWS.—Railroad assistance in an amount the Secretary deter- ital project. right-of-way acquired under this subsection mines to be appropriate.’’; ‘‘(2) REIMBURSEMENT BY SECRETARY.—The may not be developed in anticipation of the (5) in subsection (g), by striking ‘‘103(e)(4) Secretary may reimburse an eligible recipi- project until all required environmental re- and 142 (a) or (c)’’ each place it appears and ent for deposits of bond proceeds in a debt views for the project have been completed. inserting ‘‘133 and 142’’; service reserve that the recipient established ‘‘(d) CONSIDERATION OF ECONOMIC, SOCIAL, (6) by amending subsection (h) to read as pursuant to section 5302(a)(1)(K) from AND ENVIRONMENTAL INTERESTS.— follows: amounts made available to the recipient ‘‘(1) IN GENERAL.—The Secretary may not ‘‘(h) TRANSFER OF LANDS OR INTERESTS IN under section 5307 or 5309.’’; approve an application for financial assist- LANDS OWNED BY THE UNITED STATES.— ‘‘(q) PROHIBITED USE OF FUNDS.—Grant ance for a capital project under this chapter ‘‘(1) REQUEST BY SECRETARY.—If the Sec- funds received under this chapter may not be unless the Secretary determines that the retary determines that any part of the lands used to pay ordinary governmental or non- project has been developed in accordance or interests in lands owned by the United project operating expenses.’’. with the National Environmental Policy Act

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4745 of 1969 (42 U.S.C. 4321 et seq.). The Sec- ‘‘(A) means a project under which a recipi- (1) by amending paragraph (1) to read as retary’s findings under this paragraph shall ent enters into a contract with a seller, firm, follows: be made a matter of public record. or consortium of firms to design and build an ‘‘(1) IN GENERAL.—The Secretary may not ‘‘(2) COOPERATION AND CONSULTATION.—In operable segment of a public transportation use more than 1 percent of amounts made carrying out section 5301(e), the Secretary system that meets specific performance cri- available for a fiscal year to carry out any of shall cooperate and consult with the Sec- teria; and sections 5307 through 5311, 5316, or 5317, or a retary of the Interior and the Administrator ‘‘(B) may include an option to finance, or project under the National Capital Transpor- of the Environmental Protection Agency on operate for a period of time, the system or tation Act of 1969 (Public Law 91–143) to each project that may have a substantial im- segment or any combination of designing, make a contract to oversee the construction pact on the environment.’’. building, operating, or maintaining such sys- of major projects under any of sections 5307 (b) CONFORMING AMENDMENT.—The item re- tem or segment. through 5311, 5316, or 5317 or under that lating to section 5324 in the table of sections ‘‘(2) FINANCIAL ASSISTANCE FOR CAPITAL Act.’’; and for chapter 53 is amended to read as follows: COSTS.—Federal financial assistance under (2) in paragraph (2)— ‘‘5324. Special provisions for capital this chapter may be provided for the capital (A) by striking ‘‘(2)’’ and inserting the fol- projects.’’. costs of a design-build project after the re- lowing: SEC. 6024. CONTRACT REQUIREMENTS. cipient complies with Government require- ‘‘(2) OTHER ALLOWABLE USES.—’’; and (a) IN GENERAL.—Section 5325 is amended ments. (B) by inserting ‘‘and security’’ after ‘‘safe- to read as follows: ‘‘(e) ROLLING STOCK.— ty’’. ‘‘§ 5325. Contract requirements ‘‘(1) ACQUISITION.—A recipient of financial SEC. 6026. PROJECT REVIEW. assistance under this chapter may enter into Section 5328 is amended— ‘‘(a) COMPETITION.—Recipients of assist- a contract to expend that assistance to ac- ance under this chapter shall conduct all (1) in subsection (a)— quire rolling stock— procurement transactions in a manner that (A) in paragraph (1) by striking ‘‘(1) When ‘‘(A) with a party selected through a com- provides full and open competition as deter- the Secretary of Transportation allows a petitive procurement process; or mined by the Secretary. new fixed guideway project to advance into ‘‘(B) based on— ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DE- the alternatives analysis stage of project re- ‘‘(i) initial capital costs; or SIGN CONTRACTS.— view, the Secretary shall cooperate with the ‘‘(ii) performance, standardization, life ‘‘(1) IN GENERAL.—A contract or require- applicant’’ and inserting the following: ment for program management, architec- cycle costs, and other factors. ‘‘(1) ALTERNATIVES ANALYSIS.—The Sec- tural engineering, construction manage- ‘‘(2) MULTIYEAR CONTRACTS.—A recipient retary shall cooperate with an applicant un- ment, a feasibility study, and preliminary procuring rolling stock with Federal finan- dertaking an alternatives analysis under engineering, design, architectural, engineer- cial assistance under this chapter may make subsections (e) and (f) of section 5309’’; ing, surveying, mapping, or related services a multiyear contract, including options, to (B) in paragraph (2)— for a project for which Federal assistance is buy not more than 5 years of requirements (i) by striking ‘‘(2)’’ and inserting the fol- provided under this chapter shall be awarded for rolling stock and replacement parts. The lowing: in the same manner as a contract for archi- Secretary shall allow a recipient to act on a ‘‘(2) ADVANCEMENT TO PRELIMINARY ENGI- tectural and engineering services is nego- cooperative basis to procure rolling stock NEERING STAGE.—’’; and tiated under chapter 11 of title 40, or an under this paragraph and in accordance with (ii) by striking ‘‘is consistent with’’ and in- equivalent qualifications-based requirement other Federal procurement requirements. serting ‘‘meets the requirements of’’; ‘‘(f) EXAMINATION OF RECORDS.—Upon re- of a State. This subsection does not apply to (C) in paragraph (3)— quest, the Secretary and the Comptroller the extent a State has adopted or adopts by (i) by striking ‘‘(3)’’ and inserting the fol- General, or any of their representatives, law a formal procedure for procuring those lowing: shall have access to and the right to examine services. ‘‘(3) RECORD OF DECISION.—’’; and inspect all records, documents, and pa- ‘‘(2) ADDITIONAL REQUIREMENTS.—When (ii) by striking ‘‘of construction’’; and pers, including contracts, related to a awarding a contract described in paragraph (iii) by adding before the period at the end project for which a grant is made under this (1), recipients of assistance under this chap- chapter. the following: ‘‘if the Secretary determines ter shall comply with the following require- ‘‘(g) GRANT PROHIBITION.—A grant awarded that the project meets the requirements of ments: under this chapter may not be used to sup- subsection (e) or (f) of section 5309’’; and ‘‘(A) Any contract or subcontract awarded port a procurement that uses an exclu- (D) by striking paragraph (4); and under this chapter shall be performed and sionary or discriminatory specification. (2) by striking subsection (c). audited in compliance with cost principles ‘‘(h) BUS DEALER REQUIREMENTS.—No State SEC. 6027. INVESTIGATIONS OF SAFETY AND SE- contained in part 31 of title 48, Code of Fed- law requiring buses to be purchased through CURITY RISK. eral Regulations (commonly known as the in-State dealers shall apply to vehicles pur- (a) IN GENERAL.—Section 5329 is amended Federal Acquisition Regulation). chased with a grant under this chapter. to read as follows: ‘‘(B) A recipient of funds under a contract ‘‘(i) AWARDS TO RESPONSIBLE CONTRAC- ‘‘§ 5329. Investigation of safety hazards and or subcontract awarded under this chapter TORS.— security risks shall accept indirect cost rates established ‘‘(1) IN GENERAL.—Federal financial assist- ‘‘(a) IN GENERAL.—The Secretary may con- in accordance with the Federal Acquisition ance under this chapter may be provided for duct investigations into safety hazards and Regulation for 1-year applicable accounting contracts only if a recipient awards such security risks associated with a condition in periods by a cognizant Federal or State gov- contracts to responsible contractors pos- equipment, a facility, or an operation fi- ernment agency, if such rates are not cur- sessing the ability to successfully perform nanced under this chapter to establish the rently under dispute. under the terms and conditions of a proposed nature and extent of the condition and how ‘‘(C) After a firm’s indirect cost rates are procurement. to eliminate, mitigate, or correct it. accepted under subparagraph (B), the recipi- ‘‘(2) CRITERIA.—Before making an award to ‘‘(b) SUBMISSION OF CORRECTIVE PLAN.—If ent of the funds shall apply such rates for a contractor under paragraph (1), a recipient the Secretary establishes that a safety haz- the purposes of contract estimation, negotia- shall consider— ard or security risk warrants further protection, administration, reporting, and contract ‘‘(A) the integrity of the contractor; tive measures, the Secretary shall require payment, and shall not be limited by admin- ‘‘(B) the contractor’s compliance with pub- the local governmental authority receiving istrative or de facto ceilings. lic policy; amounts under this chapter to submit a plan ‘‘(D) A recipient requesting or using the ‘‘(C) the contractor’s past performance, infor eliminating, mitigating, or correcting it. cost and rate data described in subparagraph cluding the performance reported in the Con- ‘‘(c) WITHHOLDING OF FUNDS.—Financial as- (C) shall notify any affected firm before such tractor Performance Assessment Reports resistance under this chapter, in an amount to request or use. Such data shall be confiden- quired under section 5309(m)(4); and be determined by the Secretary, may be tial and shall not be accessible or provided ‘‘(D) the contractor’s financial and tech- withheld until a plan is approved and carried by the group of agencies sharing cost data nical resources.’’. out. under this subparagraph, except by written (b) CONFORMING AMENDMENTS.—Chapter 53 ‘‘(d) PUBLIC TRANSPORTATION SECURITY.— permission of the audited firm. If prohibited is amended by striking section 5326. ‘‘(1) IN GENERAL.—Not later than 90 days by law, such cost and rate data shall not be SEC. 6025. PROJECT MANAGEMENT OVERSIGHT after the date of enactment of the Federal disclosed under any circumstances. AND REVIEW. Public Transportation Act of 2005, the Sec- ‘‘(c) EFFICIENT PROCUREMENT.—A recipient (a) PROJECT MANAGEMENT PLAN REQUIRE- retary shall enter into a memorandum of un- may award a procurement contract under MENTS.—Section 5327(a) is amended— derstanding with the Secretary of Homeland this chapter to other than the lowest bidder (1) in paragraph (11), by striking ‘‘and’’ at Security to define and clarify the respective if the award furthers an objective consistent the end; roles and responsibilities of the Department with the purposes of this chapter, including (2) in paragraph (12), by striking the period of Transportation and the Department of improved long-term operating efficiency and at the end and inserting ‘‘; and’’; and Homeland Security relating to public trans- lower long-term costs. (3) by adding at the end the following: portation security. ‘‘(d) DESIGN-BUILD PROJECTS.— ‘‘(13) safety and security management.’’. ‘‘(2) CONTENTS.—The memorandum of un- ‘‘(1) DEFINED TERM.—As used in this sub- (b) LIMITATIONS ON USE OF AVAILABLE derstanding described in paragraph (1) section, the term ‘design-build project’— AMOUNTS.—Section 5327(c) is amended— shall—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4746 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(A) establish national security standards SEC. 6031. EMPLOYEE PROTECTIVE ARRANGE- (3) by redesignating subsection (i) and (j) for public transportation agencies; MENTS. as subsection (h) and (i) respectively; ‘‘(B) establish funding priorities for grants Section 5333(b) is amended— (4) by adding before subsection (b), as re- from the Department of Homeland Security (1) in paragraph (3), by striking the period designated, the following: to public transportation agencies; at the end and inserting ‘‘: Provided, That— ‘‘(a) APPORTIONMENTS.—Of the amounts ‘‘(C) create a method of coordination with ‘‘(A) the protective period shall not exceed made available for each fiscal year under public transportation agencies on security 4 years; and subsections (a)(1)(C)(vi) and (b)(2)(L) of sec- matters; and ‘‘(B) the separation allowance shall not ex- tion 5338— ‘‘(D) address any other issues determined ceed 12 months.’’; and ‘‘(1) there shall be apportioned, in fiscal to be appropriate by the Secretary and the (2) by adding at the end the following: year 2006 and each fiscal year thereafter, Secretary of Homeland Security.’’. ‘‘(4) An arrangement under this subsection $35,000,000 to certain urbanized areas with (b) CONFORMING AMENDMENT.—The item re- shall not guarantee continuation of employ- populations of less than 200,000 in accordance lating to section 5329 in the table of sections ment as a result of a change in private con- with subsection (k); and for chapter 53 is amended to read as follows: tractors through competitive bidding unless ‘‘(2) any amount not apportioned under such continuation is otherwise required paragraph (1) shall be apportioned to urban- ‘‘5329. Investigation of safety hazards and se- under subparagraph (A), (B), or (D) of para- ized areas in accordance with subsections (b) curity risks.’’. graph (2). through (d).’’; SEC. 6028. STATE SAFETY OVERSIGHT. ‘‘(5) Fair and equitable arrangements to (5) in subsection (b), as redesignated— (a) IN GENERAL.—Section 5330 is amended— protect the interests of employees utilized (A) by striking ‘‘Of the amount made avail- (1) by amending the heading to read as fol- by the Secretary of Labor for assistance to able or appropriated under section 5338(a) of lows: purchase like-kind equipment or facilities, this title’’ and inserting ‘‘Of the amount ap- ‘‘§ 5330. Withholding amounts for noncompli- and amendments to existing assistance portioned under subsection (a)(3)’’; and ance with State safety oversight require- agreements, shall be certified without refer- (B) in paragraph (2), by striking ‘‘sub- ments’’; ral. sections (b) and (c) of this section’’ and in- (2) by amending subsection (a) to read as ‘‘(6) Nothing in this subsection shall affect serting ‘‘subsections (c) and (d)’’; follows: the level of protection provided to freight (6) in subsection (c)(2), as redesignated, by railroad employees.’’. ‘‘(a) APPLICATION.—This section shall only striking ‘‘subsection (a)(2) of this section’’ apply to— SEC. 6032. ADMINISTRATIVE PROCEDURES. and inserting ‘‘subsection (b)(2)’’; ‘‘(1) States that have rail fixed guideway Section 5334 is amended— (7) in subsection (d), as redesignated, by public transportation systems that are not (1) in subsection (a)— striking ‘‘subsection (a)(2) of this section’’ subject to regulation by the Federal Rail- (A) in paragraph (1), by striking ‘‘5309–5311 and inserting ‘‘subsection (b)(2)’’; road Administration; and of this title’’ and all that follows and insert- (8) in subsection (e)(1), by striking ‘‘sub- ‘‘(2) States that are designing rail fixed ing ‘‘5309 through 5311;’’; sections (a) and (h)(2) of section 5338 of this guideway public transportation systems that (B) in paragraph (9), by striking ‘‘and’’ at title’’ and inserting ‘‘subsections (a) and (b) will not be subjected to regulation by the the end; of section 5338’’; Federal Railroad Administration.’’; (C) in paragraph (10), by striking the period (9) in subsection (g), by striking ‘‘sub- (3) in subsection (d), by striking ‘‘affected at the end and inserting ‘‘; and’’; and section (a)(1) of this section’’ each place it States’’ and inserting the following: ‘‘af- (D) by inserting at the end the following: appears and inserting ‘‘subsection (b)(1)’’; fected States— ‘‘(11) issue regulations as necessary to and ‘‘(1) shall ensure uniform safety standards carry out the purposes of this chapter.’’; (10) by adding at the end the following: and enforcement; or (2) by redesignating subsections (b), (c), ‘‘(j) SMALL TRANSIT INTENSIVE CITIES FAC- ‘‘(2)’’; and (d), (e), (f), (g), (h), (i), and (j) as subsections TORS.—The amount apportioned under sub- (4) in subsection (f), by striking ‘‘Not later (c), (d), (e), (f), (g), (h), (i), (j), and (k), respec- section (a)(1) shall be apportioned to urbanized areas as follows: than December 18, 1992, the’’ and inserting tively; ‘‘(1) The Secretary shall calculate a factor ‘‘The’’. (3) by adding after subsection (a) the fol- equal to the sum of revenue vehicle hours op- (b) CONFORMING AMENDMENT.—The item re- lowing: lating to section 5330 in the table of sections ‘‘(b) PROHIBITIONS AGAINST REGULATING OP- erated within urbanized areas with a popu- for chapter 53 is amended to read as follows: ERATIONS AND CHARGES.— lation of between 200,000 and 1,000,000 divided ‘‘(1) IN GENERAL.—Except as directed by the by the sum of the population of all such ur- ‘‘5330. Withholding amounts for noncompli- President for purposes of national defense or banized areas. ance with State safety over- in the event of a national or regional emer- ‘‘(2) The Secretary shall designate as eligi- sight requirements.’’. gency, the Secretary may not regulate— ble for an apportionment under this sub- SEC. 6029. TERRORIST ATTACKS AND OTHER ‘‘(A) the operation, routes, or schedules of section all urbanized areas with a population ACTS OF VIOLENCE AGAINST PUB- a public transportation system for which a of under 200,000 for which the number of rev- LIC TRANSPORTATION SYSTEMS. grant is made under this chapter; or enue vehicle hours operated within the ur- (a) IN GENERAL.—Section 1993 of title 18, ‘‘(B) the rates, fares, tolls, rentals, or other banized area divided by the population of the United States Code, is amended— charges prescribed by any public or private urbanized area exceeds the factor calculated (1) by striking ‘‘mass’’ each place it ap- transportation provider. under paragraph (1). pears and inserting ‘‘public’’; ‘‘(2) COMPLIANCE WITH AGREEMENT.—Noth- ‘‘(3) For each urbanized area qualifying for (2) in subsection (a)(5), by inserting ‘‘con- ing in this subsection shall prevent the Sec- an apportionment under paragraph (2), the trolling,’’ after ‘‘operating’’; and retary from requiring a recipient of funds Secretary shall calculate an amount equal to (3) in subsection (c)(5), by striking under this chapter to comply with the terms the product of the population of that urban- ‘‘5302(a)(7) of title 49, United States Code,’’ and conditions of its Federal assistance ized area and the factor calculated under and inserting ‘‘5302(a) of title 49,’’. agreement.’’; and paragraph (1). (b) CONFORMING AMENDMENT.—The table of (4) in subsection (j)(1), as redesignated, by ‘‘(4) For each urbanized area qualifying for contents for chapter 97 of title 18, United striking ‘‘carry out section 5312(a) and (b)(1) an apportionment under paragraph (2), the States Code is amended by amending the of this title’’ and inserting ‘‘advise and assist Secretary shall calculate an amount equal to item related to section 1993 to read as fol- the Secretary in carrying out section the difference between the number of rev- lows: 5312(a)’’. enue vehicle hours within that urbanized ‘‘1993. Terrorist attacks and other acts of vi- SEC. 6033. REPORTS AND AUDITS. area less the amount calculated in paragraph olence against public transpor- Section 5335 is amended— (3). tation systems.’’. (1) by striking subsection (b); and ‘‘(5) Each urbanized area qualifying for an SEC. 6030. CONTROLLED SUBSTANCES AND ALCO- (2) in subsection (a)— apportionment under paragraph (2) shall re- HOL MISUSE TESTING. (A) in paragraph (1), by striking ‘‘(1)’’; and ceive an amount equal to the amount to be Section 5331 is amended— (B) in paragraph (2), by striking ‘‘(2) The apportioned under this subsection multiplied (1) in subsection (a)(3), by inserting before Secretary may make a grant under section by the amount calculated for that urbanized the period at the end the following: ‘‘or sec- 5307 of this title’’ and inserting the fol- area under paragraph (4) divided by the sum tions 2303a, 7101(i), or 7302(e) of title 46. The lowing: of the amounts calculated under paragraph Secretary may also decide that a form of ‘‘(b) REPORTING AND UNIFORM SYSTEMS.— (4) for all urbanized areas qualifying for an public transportation is covered adequately, The Secretary may award a grant under sec- apportionment under paragraph (2). for employee alcohol and controlled sub- tion 5307 or 5311’’. ‘‘(k) STUDY ON INCENTIVES IN FORMULA PRO- stances testing purposes, under the alcohol SEC. 6034. APPORTIONMENTS OF APPROPRIA- GRAMS.— and controlled substance statutes or regula- TIONS FOR FORMULA GRANTS. ‘‘(1) STUDY.—The Secretary shall conduct a tions of an agency within the Department of Section 5336 is amended— study to assess the feasibility and appro- Transportation or other Federal agency’’; (1) by striking subsections (d), (h), and (k); priateness of developing and implementing and (2) by redesignating subsections (a) an incentive funding system under sections (2) in subsection (f), by striking paragraph through (c) as subsections (b) through (d), re- 5307 and 5311 for operators of public transpor- (3). spectively; tation.

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‘‘(2) REPORT.— ‘‘(B) GENERAL FUND.—In addition to the receiving financial assistance under this sec- ‘‘(A) IN GENERAL.—Not later than 1 year amounts made available under paragraph tion. after the date of enactment of the Federal (A), there are authorized to be appropriated ‘‘(7) ADMINISTRATION.— Public Transportation Act of 2005, the Sec- $15,500,000 for fiscal year 2005 to carry out ‘‘(A) TRUST FUND.—For fiscal year 2005, retary shall submit a report on the results of section 3037 of the Transportation Equity $67,704,000 shall be available from the Mass the study conducted under paragraph (1) to Act of the 21st Century (49 U.S.C. 5309 note). Transit Account of the Highway Trust Fund the Committee on Banking, Housing, and ‘‘(3) CAPITAL PROGRAM GRANTS.— to carry out section 5334. Urban Affairs of the Senate and the Com- ‘‘(A) TRUST FUND.—For fiscal year 2005, ‘‘(B) GENERAL FUND.—In addition to mittee on Transportation and Infrastructure $2,898,100,224 shall be available from the Mass amounts made available under subparagraph of the House of Representatives. Transit Account of the Highway Trust Fund (A), there are authorized to be appropriated ‘‘(B) CONTENTS.—The report submitted to carry out section 5309. $9,672,000 for fiscal year 2005 to carry out sec- under subparagraph (A) shall include— ‘‘(B) GENERAL FUND.—In addition to the tion 5334. ‘‘(i) an analysis of the availability of ap- amounts made available under subparagraph ‘‘(8) GRANTS AS CONTRACTUAL OBLIGA- propriate measures to be used as a basis for (A), there are authorized to be appropriated TIONS.— the distribution of incentive payments; $414,014,176 for fiscal year 2005 to carry out ‘‘(A) GRANTS FINANCED FROM HIGHWAY ‘‘(ii) the optimal number and size of any section 5309. TRUST FUND.—A grant or contract that is ap- incentive programs; ‘‘(4) PLANNING.— proved by the Secretary and financed with ‘‘(iii) what types of systems should com- ‘‘(A) TRUST FUND.—For fiscal year 2005, amounts made available under paragraph pete for various incentives; $63,364,000 shall be available from the Mass (1)(A), (2)(A), (3)(A), (4)(A), (5)(A), (6)(A), or ‘‘(iv) how incentives should be distributed; Transit Account of the Highway Trust Fund (7)(A) is a contractual obligation of the and to carry out section 5308. United States Government to pay the Fed- ‘‘(v) the likely effects of the incentive ‘‘(B) GENERAL FUND.—In addition to the eral share of the cost of the project. funding system.’’. amounts made available under subparagraph ‘‘(B) GRANTS FINANCED FROM GENERAL (A), there are authorized to be appropriated FUND.—A grant or contract that is approved SEC. 6035. APPORTIONMENTS FOR FIXED GUIDE- $9,052,000 for fiscal year 2005 to carry out sec- by the Secretary and financed with amounts WAY MODERNIZATION. tion 5308. appropriated in advance under paragraph Section 5337 is amended— ‘‘(C) ALLOCATION OF FUNDS.—Of the (1)(B), (2)(B), (3)(B), (4)(B), (5)(B), (6)(B), or (1) in subsection (a), by striking ‘‘for each amounts made available or appropriated (7)(B) is a contractual obligation of the of fiscal years 1998 through 2003’’; and under this paragraph— United States Government to pay the Fed- (2) by striking ‘‘section 5336(b)(2)(A)’’ each ‘‘(i) 82.72 percent shall be allocated for eral share of the cost of the project only to place it appears and inserting ‘‘section metropolitan planning under section 5308(c); the extent that amounts are appropriated for 5336(c)(2)(A)’’. and such purpose by an Act of Congress. SEC. 6036. AUTHORIZATIONS. ‘‘(ii) 17.28 percent shall be allocated for ‘‘(9) AVAILABILITY OF AMOUNTS.—Amounts Section 5338 is amended to read as follows: State planning under section 5308(d). made available or appropriated under para- ‘‘§ 5338. Authorizations ‘‘(5) RESEARCH.— graphs (1) through (6) shall remain available ‘‘(A) TRUST FUND.—For fiscal year 2005, until expended.’’. ‘‘(a) FISCAL YEAR 2005.— $47,740,000 shall be available from the Mass ‘‘(b) FORMULA GRANTS AND RESEARCH.— ‘‘(1) FORMULA GRANTS.— Transit Account of the Highway Trust Fund ‘‘(1) IN GENERAL.—There shall be available ‘‘(A) TRUST FUND.—For fiscal year 2005, to carry out sections 5311(b), 5312, 5313, 5314, from the Mass Transit Account of the High- $3,499,927,776 shall be available from the Mass 5315, and 5322. way Trust Fund to carry out sections 5307, Transit Account of the Highway Trust Fund ‘‘(B) GENERAL FUND.—In addition to the 5308, 5309, 5310 through 5316, 5322, 5335, 5340, to carry out sections 5307, 5309, 5310, and 5311 amounts made available under subparagraph and 5505 of this title, and sections 3037 and of this chapter and section 3038 of the Trans- (A), there are authorized to be appropriated 3038 of the Federal Transit Act of 1998 (112 portation Equity Act for the 21st Century (49 $6,820,000 for fiscal year 2005 to carry out sec- Stat. 387 et seq.)— U.S.C. 5310 note). tions 5311(b), 5312, 5313, 5314, 5315, and 5322. ‘‘(A) $6,443,600,000 for fiscal year 2006; ‘‘(B) GENERAL FUND.—In addition to the ‘‘(C) ALLOCATION OF FUNDS.—Of the funds ‘‘(B) $6,709,644,000 for fiscal year 2007; amounts made available under subparagraph made available or appropriated under this ‘‘(C) $7,276,707,000 for fiscal year 2008; and (A), there are authorized to be appropriated paragraph— ‘‘(D) $7,737,026,000 for fiscal year 2009. $499,989,824 for fiscal year 2005 to carry out ‘‘(i) not less than $3,968,000 shall be avail- ‘‘(2) ALLOCATION OF FUNDS.—Of the sections 5307, 5309, 5310, and 5311 of this chap- able to carry out programs of the National amounts made available under paragraph (1) ter and section 3038 of the Transportation Transit Institute under section 5315; for each fiscal year— Equity Act for the 21st Century (49 U.S.C. ‘‘(ii) not less than $5,208,000 shall be avail- ‘‘(A) 0.092 percent shall be available for 5310 note). able to carry out section 5311(b)(2); grants to the Alaska Railroad under section ‘‘(C) ALLOCATION OF FUNDS.—Of the ‘‘(iii) not less than $8,184,000 shall be avail- 5307 for improvements to its passenger oper- amounts made available or appropriated able to carry out section 5313; and ations; under this paragraph— ‘‘(iv) the remainder shall be available to ‘‘(B) 1.75 percent shall be available to carry ‘‘(i) $4,811,150 shall be available to the Alas- carry out national research and technology out section 5308; ka Railroad for improvements to its pas- programs under sections 5312, 5314, and 5322. ‘‘(C) 2.05 percent shall be available to pro- senger operations under section 5307; ‘‘(6) UNIVERSITY TRANSPORTATION RE- vide financial assistance for job access and ‘‘(ii) $6,894,400 shall be available to provide SEARCH.— reverse commute projects under section 3037 over-the-road bus accessibility grants under ‘‘(A) TRUST FUND.—For fiscal year 2005, of the Federal Transit Act of 1998 (49 U.S.C. section 3038 of the Transportation Equity $5,208,000 shall be available from the Mass 5309 note); Act for the 21st Century (49 U.S.C. 5310 note); Transit Account of the Highway Trust Fund ‘‘(D) 3.00 percent shall be available to pro- ‘‘(iii) $94,526,689 shall be available to pro- to carry out sections 5505 and 5506. vide financial assistance for services for el- vide transportation services to elderly indi- ‘‘(B) GENERAL FUND.—In addition to derly persons and persons with disabilities viduals and individuals with disabilities amounts made available under subparagraph under section 5310; under section 5310; (A), there are authorized to be appropriated ‘‘(E) 0.125 percent shall be available to ‘‘(iv) $173,040,330 shall be available to pro- $744,000 for fiscal year 2005 to carry out sec- carry out section 3038 of the Transportation vide financial assistance for other than ur- tions 5505 and 5506. Equity Act for the 21st Century (49 U.S.C. banized areas under section 5311; ‘‘(C) ALLOCATION OF FUNDS.—Of the 5310 note); ‘‘(v) $3,325,048,327 shall be available to pro- amounts made available or appropriated ‘‘(F) 6.25 percent shall be available to provide financial assistance for urbanized areas under this paragraph— vide financial assistance for other than ur- under section 5307; ‘‘(i) $1,984,000 shall be available for grants banized areas under section 5311; ‘‘(vi) $49,600,000 shall be available to pro- under 5506(f)(5) to the institution identified ‘‘(G) 0.89 percent shall be available to carry vide financial assistance for buses and bus in section 5505(j)(3)(E), as in effect on the day out transit cooperative research programs facilities under section 5309; and before the date of enactment of the Federal under section 5313, the National Transit In- ‘‘(vii) $345,996,704 shall be allocated in ac- Public Transportation Act of 2005; stitute under section 5315, university re- cordance with section 5340 to provide finan- ‘‘(ii) $1,984,000 shall be available for grants search centers under section 5505, and na- cial assistance for urbanized areas under sec- under section 5505(d) to the institution iden- tional research programs under sections 5312, tion 5307 and other than urbanized areas tified in section 5505(j)(4)(A), as in effect on 5313, 5314, and 5322, of which— under section 5311.’’. the date specified in clause (i); and ‘‘(i) 17.0 percent shall be allocated to carry ‘‘(2) JOB ACCESS AND REVERSE COMMUTE.— ‘‘(iii) $1,984,000 shall be available for grants out transit cooperative research programs ‘‘(A) TRUST FUND.—For fiscal year 2005, under section 5505(d) to the institution iden- under section 5313; $108,500,000 shall be available from the Mass tified in section 5505(j)(4)(F), as in effect on ‘‘(ii) 7.5 percent shall be allocated to carry Transit Account of the Highway Trust Fund the date specified in subclause (I). out programs under the National Transit In- to carry out section 3037 of the Transpor- ‘‘(C) SPECIAL RULE.—Nothing in this para- stitute under section 5315, including not tation Equity Act for the 21st Century (49 graph shall be construed to limit the trans- more than $1,000,000 to carry out section U.S.C. 5309 note). portation research conducted by the centers 5315(a)(16);

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4748 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(iii) 11.0 percent shall be allocated to to the extent that amounts are appropriated under paragraph (1), the Secretary shall cal- carry out the university centers program in advance for such purpose by an Act of culate an amount equal to— under section 5505; and Congress. ‘‘(A) the total land area of the State (in ‘‘(iv) any funds made available under this ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts square miles); multiplied by subparagraph that are not allocated under made available by or appropriated under sub- ‘‘(B) 370; multiplied by clauses (i) through (iii) shall be allocated to sections (b) and (c) shall remain available ‘‘(C)(i) the population of the State in ur- carry out national research programs under until expended.’’. banized areas; divided by sections 5312, 5313, 5314, and 5322; SEC. 6037. APPORTIONMENTS BASED ON GROW- ‘‘(ii) the total population of the State. ‘‘(H) $25,000,000 shall be available for each ING STATES FORMULA FACTORS. ‘‘(3) STATE APPORTIONMENT FACTOR.—For of the fiscal years 2006 through 2009 to carry (a) IN GENERAL.—Chapter 53 is amended by each State qualifying for an apportionment out section 5316; adding at the end the following: under paragraph (1), the Secretary shall cal- ‘‘(I) there shall be available to carry out ‘‘§ 5340. Apportionments based on growing culate an amount equal to the difference be- section 5335— States and high density State formula fac- tween the total population of the State less ‘‘(i) $3,900,000 in fiscal year 2006; tors the amount calculated in paragraph (2). ‘‘(ii) $4,200,000 in fiscal year 2007; ‘‘(a) DEFINITION.—In this section, the term ‘‘(4) STATE APPORTIONMENT.—Each State ‘‘(iii) $4,600,000 in fiscal year 2008; and ‘State’ shall mean each of the 50 States of qualifying for an apportionment under para- ‘‘(iv) $5,000,000 in fiscal year 2009; the United States. graph (1) shall receive an amount equal to ‘‘(J) 6.25 percent shall be allocated in ac- ‘‘(b) ALLOCATION.—Of the amounts made the amount to be apportioned under this sub- cordance with section 5340 to provide finan- available for each fiscal year under section section multiplied by the amount calculated cial assistance for urbanized areas under sec- 5338(b)(2)(J), the Secretary shall apportion— for the State under paragraph (3) divided by tion 5307 and other than urbanized areas ‘‘(1) 50 percent to States and urbanized the sum of the amounts calculated under under section 5311; and areas in accordance with subsection (c); and paragraph (3) for all States qualifying for an ‘‘(K) 22.0 percent shall be allocated in ac- ‘‘(2) 50 percent to States and urbanized apportionment under paragraph (1). cordance with section 5337 to provide finan- areas in accordance with subsection (d). ‘‘(5) APPORTIONMENTS BETWEEN URBANIZED ‘‘(c) GROWING STATE APPORTIONMENTS.— cial assistance under section 5309(i)(3); and AREAS AND OTHER THAN URBANIZED AREAS IN ‘‘(1) APPORTIONMENT AMONG STATES.—The ‘‘(L) any amounts not made available EACH STATE.— amounts apportioned under subsection (b)(1) under subparagraphs (A) through (K) shall be ‘‘(A) IN GENERAL.—The Secretary shall ap- allocated in accordance with section 5336 to shall provide each State with an amount portion amounts apportioned to each State provide financial assistance for urbanized equal to the total amount apportioned mul- under paragraph (4) so that urbanized areas tiplied by a ratio equal to the population of areas under section 5307. in that State receive an amount equal to the that State forecast for the year that is 15 ‘‘(3) UNIVERSITY CENTERS PROGRAM.— amount apportioned to that State multiplied years after the most recent decennial census, ‘‘(A) ALLOCATION.—Of the amounts allo- by a ratio equal to the sum of the population divided by the total population of all States cated under paragraph (2)(G)(iii), $1,000,000 of all urbanized areas in that State divided forecast for the year that is 15 years after shall be available in each of the fiscal years by the total population of that State. the most recent decennial census. Such fore- 2006 through 2009 for Morgan State Univer- ‘‘(B) REMAINING AMOUNTS.—Amounts re- cast shall be based on the population trend sity to provide transportation research, maining for each State after apportionment for each State between the most recent de- training, and curriculum development. under subparagraph (a) shall be apportioned cennial census and the most recent estimate ‘‘(B) REQUIREMENTS.—The university speci- to that State and added to the amount made fied under subparagraph (A) shall be consid- of population made by the Secretary of Com- merce. available for grants under section 5311. ered a University Transportation Center ‘‘(6) APPORTIONMENTS AMONG URBANIZED ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED under section 510 of title 23, and shall be sub- AREAS IN EACH STATE.—The Secretary shall AREAS AND OTHER THAN URBANIZED AREAS IN ject to the requirements under subsections apportion amounts made available to urban- EACH STATE.— (c), (d), (e), and (f) of such section. ized areas in each State under paragraph ‘‘(A) IN GENERAL.—The Secretary shall ap- ‘‘(C) REPORT.—In addition to the report re- (5)(A) so that each urbanized area receives an quired under section 510(e)(3) of title 23, the portion amounts to each State under paragraph (1) so that urbanized areas in that amount equal to the amount apportioned university specified under subparagraph (A) under paragraph (5)(A) multiplied by a ratio shall annually submit a report to the Sec- State receive an amount equal to the amount apportioned to that State multiplied equal to the population of each urbanized retary that describes the university’s con- area divided by the sum of populations of all tribution to public transportation. by a ratio equal to the sum of the forecast population of all urbanized areas in that urbanized areas in the State. Amounts ap- ‘‘(4) BUS GRANTS.—In addition to the portioned to each urbanized area shall be amounts made available under paragraph (1), State divided by the total forecast population of that State. In making the appor- added to amounts apportioned to that urban- there shall be available from the Mass Tran- ized area under section 5336, and made avail- sit Account of the Highway Trust Fund to tionment under this subparagraph, the Sec- retary shall utilize any available forecasts able for grants under section 5307.’’. carry out section 5309(i)(2)(B)— (b) CONFORMING AMENDMENT.—The table of made by the State. If no forecasts are avail- ‘‘(A) $864,101,000 for fiscal year 2006; sections for chapter 53 is amended by adding able, the Secretary shall utilize data on ur- ‘‘(B) $899,778,000 for fiscal year 2007; at the end the following: ‘‘(C) $975,823,000 for fiscal year 2008; and banized areas and total population from the ‘‘5340. Apportionments based on growing ‘‘(D) $1,037,552,000 for fiscal year 2009. most recent decennial census. States and high density States ‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS.— ‘‘(B) REMAINING AMOUNTS.—Amounts re- There are authorized to be appropriated to maining for each State after apportionment formula factors.’’. carry out section 5309(i)(2)(A)— under subparagraph (A) shall be apportioned SEC. 6038. JOB ACCESS AND REVERSE COMMUTE ‘‘(1) $1,503,299,000 for fiscal year 2006; to that State and added to the amount made GRANTS. ‘‘(2) $1,565,367,000 for fiscal year 2007; available for grants under section 5311. Section 3037 of the Federal Transit Act of ‘‘(3) $1,097,663,000 for fiscal year 2008; and ‘‘(3) APPORTIONMENTS AMONG URBANIZED 1998 (49 U.S.C. 5309 note) is amended— ‘‘(4) $1,805,057,000 for fiscal year 2009. AREAS IN EACH STATE.—The Secretary shall (1) in subsection (b)— ‘‘(d) ADMINISTRATION.—There shall be apportion amounts made available to urban- (A) in paragraph (1)— available from the Mass Transit Account of ized areas in each State under paragraph (i) by striking ‘‘means an individual’’ and the Highway Trust Fund to carry out section (2)(A) so that each urbanized area receives an inserting the following: ‘‘means— 5334— amount equal to the amount apportioned ‘‘(A) an individual’’; and ‘‘(1) $89,000,000 for fiscal year 2006; under paragraph (2)(A) multiplied by a ratio (ii) by striking the period at the end and ‘‘(2) $92,675,000 for fiscal year 2007; equal to the population of each urbanized inserting ‘‘; or ‘‘(3) $100,507,000 for fiscal year 2008; and area divided by the sum of populations of all ‘‘(B) an individual who is eligible for as- ‘‘(4) $106,865,000 for fiscal year 2009. urbanized areas in the State. Amounts ap- sistance under the State program of Tem- ‘‘(e) GRANTS AS CONTRACTUAL OBLIGA- portioned to each urbanized area shall be porary Assistance to Needy Families funded TIONS.— added to amounts apportioned to that urban- under part A of title IV of the Social Secu- ‘‘(1) MASS TRANSIT ACCOUNT FUNDS.—A ized area under section 5336, and made avail- rity Act (42 U.S.C. 601 et. seq.) in the State grant or contract approved by the Secretary able for grants under section 5307. in which the recipient of a grant under this that is financed with amounts made avail- ‘‘(d) HIGH DENSITY STATE APPORTION- section is located.’’; and able under subsection (b)(1), (b)(4), or (d) is a MENTS.—Amounts to be apportioned under (B) in paragraph (2), by striking ‘‘develop- contractual obligation of the United States subsection (b)(2) shall be apportioned as fol- ment of’’ each place it appears and inserting Government to pay the Federal share of the lows: ‘‘development and provision of’’; cost of the project. ‘‘(1) ELIGIBLE STATES.—The Secretary shall (2) in subsection (i), by amending para- ‘‘(2) APPROPRIATED FUNDS.—A grant or con- designate as eligible for an apportionment graph (2) to read as follows: tract approved by the Secretary that is fi- under this subsection all States with a popu- ‘‘(2) COORDINATION.— nanced with amounts made available under lation density in excess of 370 persons per ‘‘(A) IN GENERAL.—The Secretary shall co- subsection (c) is a contractual obligation of square mile. ordinate activities under this section with the United States Government to pay the ‘‘(2) STATE URBANIZED LAND FACTOR.—For related activities under programs of other Federal share of the cost of the project only each State qualifying for an apportionment Federal departments and agencies.

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‘‘(B) CERTIFICATION.—A recipient of funds 21st Century (Public Law 105–178) is amended ‘‘(B) involves— under this section shall certify that— to read as follows: ‘‘(i) the purchase of rolling stock that in- ‘‘(i) the project has been derived from a lo- ‘‘Sec. 3038. Over-the-road bus accessibility corporates clean fuel technology or the re- cally developed, coordinated public transit program.’’. placement of buses of a type in use on the human services transportation plan; and SEC. 6040. ALTERNATIVE TRANSPORTATION IN date of enactment of this section with clean ‘‘(ii) the plan was developed through a PARKS AND PUBLIC LANDS. fuel vehicles; or process that included representatives of pub- (a) IN GENERAL.—Chapter 53 is amended by ‘‘(ii) the deployment of alternative trans- lic, private, and nonprofit transportation inserting after section 5315 the following: portation vehicles that introduce innovative and human services providers and participa- ‘‘§ 5316. Alternative transportation in parks technologies or methods; tion by the public.’’; and public lands ‘‘(C) relates to the capital costs of coordi- (3) by amending subsection (j) to read as ‘‘(a) IN GENERAL.— nating the Federal land management agency follows: ‘‘(1) AUTHORIZATION.— public transportation systems with other ‘‘(j) GRANT REQUIREMENTS.— ‘‘(A) IN GENERAL.—The Secretary, in con- public transportation systems; ‘‘(1) IN GENERAL.— sultation with the Secretary of the Interior, ‘‘(D) provides a nonmotorized transpor- ‘‘(A) URBANIZED AREAS.—A grant awarded may award a grant or enter into a contract, tation system (including the provision of fa- under this section to a public agency or pri- cooperative agreement, interagency agree- cilities for pedestrians, bicycles, and non- vate company engaged in public transpor- ment, intraagency agreement, or other motorized watercraft); tation in an urbanized area shall be subject transaction to carry out a qualified project ‘‘(E) provides waterborne access within or to the all of the terms and conditions to under this section to enhance the protection in the vicinity of an eligible area, as appro- which a grant awarded under section 5307 of of America’s National Parks and public lands priate to and consistent with this section; or title 49, United States Code, is subject, to and increase the enjoyment of those visiting ‘‘(F) is any other alternative transpor- the extent the Secretary considers appro- the parks and public lands by ensuring ac- tation project that— priate. cess to all, including persons with disabil- ‘‘(i) enhances the environment; ‘‘(B) OTHER THAN URBANIZED AREAS.—A ities, improving conservation and park and ‘‘(ii) prevents or mitigates an adverse im- grant awarded under this section to a public public land opportunities in urban areas pact on a natural resource; agency or a private company engaged in pub- through partnering with state and local gov- ‘‘(iii) improves Federal land management lic transportation in an area other than ur- ernments, and improving park and public agency resource management; banized areas shall be subject to all of the land transportation infrastructure. ‘‘(iv) improves visitor mobility and acces- terms and conditions to which a grant ‘‘(B) CONSULTATION WITH OTHER AGENCIES.— sibility and the visitor experience; awarded under section 5311 of title 49, United To the extent that projects are proposed or ‘‘(v) reduces congestion and pollution (in- States Code, is subject, to the extent the funded in eligible areas that are not within cluding noise pollution and visual pollution); Secretary considers appropriate. the jurisdiction of the Department of the In- or ‘‘(C) NONPROFIT ORGANIZATIONS.—A grant terior, the Secretary of the Interior shall ‘‘(vi) conserves a natural, historical, or awarded under this section to a private non- consult with the heads of the relevant Fed- cultural resource (excluding rehabilitation profit organization shall be subject to all of eral land management agencies in carrying or restoration of a non-transportation facil- the terms and conditions to which a grant out the responsibilities under this section. ity). made under section 5310 of title 49, United ‘‘(2) USE OF FUNDS.—A grant, cooperative ‘‘(c) FEDERAL AGENCY COOPERATIVE AR- States Code, is subject, to the extent the agreement, interagency agreement, RANGEMENTS.—The Secretary shall develop Secretary considers appropriate. intraagency agreement, or other transaction cooperative arrangements with the Sec- ‘‘(2) SPECIAL WARRANTY.— for a qualified project under this section retary of the Interior that provide for— ‘‘(A) IN GENERAL.—Section 5333(b) of title shall be available to finance the leasing of ‘‘(1) technical assistance in alternative 49, United States Code, shall apply to grants equipment and facilities for use in public transportation; under this section if the Secretary of Labor transportation, subject to any regulation ‘‘(2) interagency and multidisciplinary utilizes a Special Warranty that provides a that the Secretary may prescribe limiting teams to develop Federal land management fair and equitable arrangement to protect the grant or agreement to leasing arrange- agency alternative transportation policy, the interests of employees. ments that are more cost-effective than pur- procedures, and coordination; and ‘‘(B) WAIVER.—The Secretary may waive chase or construction. ‘‘(3) the development of procedures and cri- the applicability of the Special Warranty ‘‘(b) DEFINITIONS.—In this section, the fol- teria relating to the planning, selection, and under subparagraph (A) for private non-prof- lowing definitions shall apply: funding of qualified projects and the imple- it recipients on a case-by-case basis as the ‘‘(1) ELIGIBLE AREA.—The term ‘eligible mentation and oversight of the program of Secretary considers appropriate.’’; and area’ means any federally owned or managed projects in accordance with this section. park, refuge, or recreational area that is (4) by striking subsections (k) and (l). ‘‘(d) LIMITATION ON USE OF AVAILABLE open to the general public, including— SEC. 6039. OVER-THE-ROAD BUS ACCESSIBILITY AMOUNTS.— ‘‘(A) a unit of the National Park System; PROGRAM. ‘‘(1) IN GENERAL.—The Secretary, in con- ‘‘(B) a unit of the National Wildlife Refuge (a) SECTION HEADING.—The section heading sultation with the Secretary of the Interior, System; for section 3038 of the Federal Transit Act of may use not more than 10 percent of the ‘‘(C) a recreational area managed by the 1998 (49 U.S.C. 5310 note), is amended to read amount made available for a fiscal year Bureau of Land Management; and as follows: ‘‘(D) a recreation area managed by the Bu- under section 5338(b)(2)(H) to carry out plan- ‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY reau of Reclamation. ning, research, and technical assistance PROGRAM.’’. under this section, including the develop- ‘‘(2) FEDERAL LAND MANAGEMENT AGENCY.— (b) FUNDING.—Section 3038(g) of the Fed- The term ‘Federal land management agency’ ment of technology appropriate for use in a eral Transit Act of 1998 (49 U.S.C. 5310 note) means a Federal agency that manages an eli- qualified project. is amended to read as follows: gible area. ‘‘(2) ADDITIONAL AMOUNTS.—Amounts made ‘‘(g) FUNDING.—Of the amounts made avail- ‘‘(3) ALTERNATIVE TRANSPORTATION.—The available under this subsection are in addi- able for each fiscal year under subsections term ‘alternative transportation’ means tion to amounts otherwise available to the (a)(1)(C)(iii) and (b)(2)(E) of section 5338 of transportation by bus, rail, or any other pub- Secretary to carry out planning, research, title 49, United States Code— licly or privately owned conveyance that and technical assistance under this title or ‘‘(1) 75 percent shall be available, and shall provides to the public general or special any other provision of law. remain available until expended, for opera- service on a regular basis, including sight- ‘‘(3) MAXIMUM AMOUNT.—No qualified tors of over-the-road buses, used substan- seeing service. project shall receive more than 12 percent of tially or exclusively in intercity, fixed-route ‘‘(4) QUALIFIED PARTICIPANT.—The term the total amount made available to carry over-the-road bus service, to finance the in- ‘qualified participant’ means— out this section under section 5338(b)(2)(H) cremental capital and training costs of the ‘‘(A) a Federal land management agency; for any fiscal year. Department of Transportation’s final rule re- or ‘‘(e) PLANNING PROCESS.—In undertaking a garding accessibility of over-the-road buses; ‘‘(B) a State, tribal, or local governmental qualified project under this section— and authority with jurisdiction over land in the ‘‘(1) if the qualified participant is a Federal ‘‘(2) 25 percent shall be available, and shall vicinity of an eligible area acting with the land management agency— remain available until expended, for opera- consent of the Federal land management ‘‘(A) the Secretary, in cooperation with the tors of over-the-road bus service not de- agency, alone or in partnership with a Fed- Secretary of the Interior, shall develop scribed in paragraph (1), to finance the incre- eral land management agency or other Gov- transportation planning procedures that are mental capital and training costs of the De- ernmental or nongovernmental participant. consistent with— partment of Transportation’s final rule re- ‘‘(5) QUALIFIED PROJECT.—The term ‘quali- ‘‘(i) the metropolitan planning provisions garding accessibility of over-the-road fied project’ means a planning or capital under section 5303 of this title; buses.’’. project in or in the vicinity of an eligible ‘‘(ii) the statewide planning provisions (b) CONFORMING AMENDMENT.—The item re- area that— under section 5304 of this title; and lating to section 3038 in the table of contents ‘‘(A) is an activity described in section ‘‘(iii) the public participation requirements for the Transportation Equity Act for the 5302, 5303, 5304, 5308, or 5309(a)(1)(A); under section 5307(e); and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4750 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(B) in the case of a qualified project that ‘‘(G) any other matters that the Secretary of new technologies in eligible areas that is at a unit of the National Park system, the considers appropriate to carry out this sec- will— planning process shall be consistent with the tion, including— ‘‘(A) conserve resources; general management plans of the unit of the ‘‘(i) visitation levels; ‘‘(B) prevent or mitigate adverse environ- National Park system; and ‘‘(ii) the use of innovative financing or mental impact; ‘‘(2) if the qualified participant is a State joint development strategies; and ‘‘(C) improve visitor mobility, accessi- or local governmental authority, or more ‘‘(iii) coordination with gateway commu- bility, and enjoyment; and than one State or local governmental au- nities. ‘‘(D) reduce pollution (including noise pol- thority in more than one State, the qualified ‘‘(h) QUALIFIED PROJECTS CARRIED OUT IN lution and visual pollution). participant shall— ADVANCE.— ‘‘(2) The Secretary may request and receive ‘‘(A) comply with the metropolitan plan- ‘‘(1) When a qualified participant carries appropriate information from any source. ning provisions under section 5303 of this out any part of a qualified project without ‘‘(3) Grants, cooperative agreements, con- title; assistance under this section in accordance tracts or other transactions under paragraph ‘‘(B) comply with the statewide planning with all applicable procedures and require- (1) shall be awarded from amounts allocated provisions under section 5304 of this title; ments, the Secretary, in consultation with under subsection (c)(1). ‘‘(C) comply with the public participation the Secretary of the Interior, may pay the ‘‘(k) INNOVATIVE FINANCING.—A qualified requirements under section 5307(e) of this share of the net capital project cost of a project receiving financial assistance under title; and qualified project if— this section shall be eligible for funding ‘‘(D) consult with the appropriate Federal ‘‘(A) the qualified participant applies for through a state infrastructure bank or other land management agency during the plan- the payment; innovative financing mechanism available to ning process. ‘‘(B) the Secretary approves the payment; finance an eligible project under this chap- ‘‘(f) COST SHARING.— and ter. ‘‘(1) The Secretary, in cooperation with the ‘‘(C) before carrying out that part of the Secretary of the Interior, shall establish the qualified project, the Secretary approves the ‘‘(l) REPORTS.— agency share of net project cost to be pro- plans and specifications in the same manner ‘‘(1) IN GENERAL.—The Secretary, in con- vided under this section to a qualified partic- as plans and specifications are approved for sultation with the Secretary of the Interior, ipant. other projects assisted under this section. shall annually submit a report on the alloca- ‘‘(2) In establishing the agency share of net ‘‘(2)(A) The cost of carrying out part of a tion of amounts made available to assist project cost to be provided under this sec- qualified project under paragraph (1) in- qualified projects under this section to— tion, the Secretary shall consider— cludes the amount of interest earned and ‘‘(A) the Committee on Banking, Housing, ‘‘(A) visitation levels and the revenue de- payable on bonds issued by a State or local and Urban Affairs of the Senate; and rived from user fees in the eligible area in governmental authority, to the extent that ‘‘(B) the Committee on Transportation and which the qualified project is carried out; proceeds of the bond are expended in car- Infrastructure of the House of Representa- ‘‘(B) the extent to which the qualified par- rying out that part. tives. ticipant coordinates with a public transpor- ‘‘(B) The rate of interest under this para- ‘‘(2) ANNUAL AND SUPPLEMENTAL REPORTS.— tation authority or private entity engaged in graph may not exceed the most favorable The report required under paragraph (1) shall public transportation; rate reasonably available for the qualified be included in the report submitted under ‘‘(C) private investment in the qualified project at the time of borrowing. section 5309(m).’’. project, including the provision of contract ‘‘(C) The qualified participant shall certify, services, joint development activities, and (b) CONFORMING AMENDMENTS.—The table in a manner satisfactory to the Secretary, of sections for chapter 53 is amended by in- the use of innovative financing mechanisms; that the qualified participant has exercised ‘‘(D) the clear and direct benefit to the serting after the item relating to section 5315 reasonable diligence in seeking the most fa- the following: qualified participant; and vorable interest rate. ‘‘(E) any other matters that the Secretary ‘‘(i) RELATIONSHIP TO OTHER LAWS.— ‘‘5316. Alternative transportation in parks considers appropriate to carry out this sec- ‘‘(1) SECTION 5307.—A qualified participant and public lands.’’. tion. under this section shall be subject to the re- SEC. 6041. OBLIGATION CEILING. ‘‘(3) Notwithstanding any other provision quirements of sections 5307 and 5333(a) to the of law, Federal funds appropriated to any extent the Secretary determines to be appro- Notwithstanding any other provision of Federal land management agency may be priate. law, the total of all obligations from counted toward the non-agency share of the ‘‘(2) OTHER REQUIREMENTS.—A qualified amounts made available from the Mass Tran- net project cost of a qualified project. participant under this section is subject to sit Account of the Highway Trust Fund by, ‘‘(g) SELECTION OF QUALIFIED PROJECTS.— any other terms, conditions, requirements, and amounts appropriated under, subsections ‘‘(1) The Secretary of the Interior, after and provisions that the Secretary deter- (a) through (c) of section 5338 of title 49, consultation with and in cooperation with mines to be appropriate to carry out this United States Code, shall not exceed— the Secretary, shall determine the final se- section, including requirements for the dis- (1) $7,646,336,000 for fiscal year 2005; lection and funding of an annual program of tribution of proceeds on disposition of real (2) $8,900,000,000 for fiscal year 2006; qualified projects in accordance with this property and equipment resulting from a (3) $9,267,464,000 for fiscal year 2007; section. qualified project assisted under this section. (4) $10,050,700,000 for fiscal year 2008; and ‘‘(2) In determining whether to include a ‘‘(3) PROJECT MANAGEMENT PLAN.—If the (5) $10,686,500,000 for fiscal year 2009. project in the annual program of qualified amount of assistance anticipated to be re- SEC. 6042. ADJUSTMENTS FOR THE SURFACE projects, the Secretary of the Interior shall quired for a qualified project under this sec- consider— TRANSPORTATION EXTENSION ACT tion is not less than $25,000,000— OF 2004. ‘‘(A) the justification for the qualified ‘‘(A) the qualified project shall, to the ex- (a) IN GENERAL.—Notwithstanding any project, including the extent to which the tent the Secretary considers appropriate, be other provision of law, the Secretary shall qualified project would conserve resources, carried out through a full funding grant reduce the total apportionments and alloca- prevent or mitigate adverse impact, and en- agreement, in accordance with section tions made for fiscal year 2005 to each grant hance the environment; 5309(g); and recipient under section 5338 of title 49, ‘‘(B) the location of the qualified project, ‘‘(B) the qualified participant shall prepare United States Code, by the amount appor- to ensure that the selected qualified a project management plan in accordance tioned to that recipient pursuant to section projects— with section 5327(a). 8 of the Surface Transportation Extension ‘‘(i) are geographically diverse nationwide; ‘‘(i) ASSET MANAGEMENT.—The Secretary, and in consultation with the Secretary of the In- Act of 2004 part V (118 Stat. 1154). ‘‘(ii) include qualified projects in eligible terior, may transfer the interest of the De- (b) FIXED GUIDEWAY MODERNIZATION AD- areas located in both urban areas and rural partment of Transportation in, and control JUSTMENT.—In making the apportionments areas; over, all facilities and equipment acquired described in subsection (a), the Secretary ‘‘(C) the size of the qualified project, to en- under this section to a qualified participant shall adjust the amount apportioned for fis- sure that there is a balanced distribution; for use and disposition in accordance with cal year 2005 to each urbanized area for fixed ‘‘(D) the historical and cultural signifi- any property management regulations that guideway modernization to reflect the appor- cance of a qualified project; the Secretary determines to be appropriate. tionment method set forth in 5337(a) of title ‘‘(E) safety; ‘‘(j) COORDINATION OF RESEARCH AND DE- 49, United States Code. ‘‘(F) the extent to which the qualified PLOYMENT OF NEW TECHNOLOGIES.— project would- ‘‘(1) The Secretary, in cooperation with the SEC. 6043. DISADVANTAGED BUSINESS ENTER- ‘‘(i) enhance livable communities; Secretary of the Interior, may undertake, or PRISE. ‘‘(ii) reduce pollution (including noise pol- make grants, cooperative agreements, con- Section 1821(a) of the Safe, Accountable, lution, air pollution, and visual pollution); tracts (including agreements with depart- Flexible, and Efficient Transportation Eq- ‘‘(iii) reduce congestion; and ments, agencies, and instrumentalities of the uity Act of 2005 shall apply to all funds au- ‘‘(iv) improve the mobility of people in the Federal Government) or other transactions thorized or otherwise made available under most efficient manner; and for research, development, and deployment this title.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4751 TITLE VII—SURFACE TRANSPORTATION (1) Border enforcement grants under sec- (10) Truck Crash Causation Study, section SAFETY IMPROVEMENT tion 31107 of title 49, United States Code— 224, Motor Carrier Safety Improvement Act SEC. 7001. SHORT TITLE. (A) $33,000,000 for fiscal year 2006; of 1999. This title may be cited as the ‘‘Surface (B) $34,000,000 for fiscal year 2007; (b) FINAL RULE REQUIRED.—Unless specifi- Transportation Safety Improvement Act of (C) $35,000,000 for fiscal year 2008; and cally otherwise permitted by law, rule- 2005’’. (D) $36,000,000 for fiscal year 2009. making proceedings shall be considered com- SEC. 7002. AMENDMENT OF UNITED STATES (2) Performance and registration informa- pleted for purposes of this section only when CODE. tion system management grant program the Secretary has issued a final rule and the (a) AMENDMENT OF TITLE 49.—Except as under 31109 of title 49, United States Code, docket for the rulemaking proceeding is otherwise specifically provided, whenever in $4,000,000 for each of fiscal years 2006 through closed or the rulemaking proceeding is with- this title (other than in chapter 1 of subtitle 2009. drawn or terminated and the docket closed B) an amendment is expressed in terms of an (3) Commercial driver’s license and driver without further action. amendment to a section or other provision of improvement program grants under section (c) SCHEDULE FOR COMPLETION.—The Sec- law, the reference shall be considered to be 31318 of title 49, United States Code— retary shall transmit a revised schedule, in- made to a section or other provision of title (A) $23,000,000 for fiscal year 2006; dicating progress made in completing the re- 49, United States Code. (B) $23,000,000 for fiscal year 2007; ports, studies, and rulemaking proceedings (b) AMENDMENT OF TITLE 23.—Except as (C) $24,000,000 for fiscal year 2008; and reported under subsection (a) every 6 months otherwise expressly provided, whenever in (D) $25,000,000 for fiscal year 2009. after the first such report under subsection chapter 1 of subtitle B of this title an amend- (4) For carrying out the commercial vehi- (a) until they are completed. The Inspector ment or repeal is expressed in terms of an cle information systems and networks de- General of the Department of Transportation amendment to, or a repeal of, a section or ployment program established under section shall monitor whether the schedule is being other provision, the reference shall be con- 31151 of title 49, United States Code, met and report periodically to the Senate sidered to be made to a section or other pro- $25,000,000 for each of fiscal years 2006 Committee on Commerce, Science, and vision of title 23, United States Code. through 2009. Transportation and the House Committee on Subtitle A—Motor Carrier Safety (c) MOTOR CARRIER SAFETY ACCOUNT.— Transportation and Infrastructure on CHAPTER 1—MOTOR CARRIERS Funds made available under subsection (a) progress made in completing the reports, SEC. 7101. SHORT TITLE. shall be administered in the account estab- studies, and rulemaking proceedings. This chapter may be cited as the ‘‘Motor lished in the Treasury entitled ‘‘Motor Car- (e) COMPLETION OF NEW RULEMAKING PRO- Carrier Safety Reauthorization Act of 2005’’. rier Safety Operations and Program 69–8159– CEEDINGS.—Nothing in this section delays or SEC. 7102. CONTRACT AUTHORITY. 0–7–401’’ and the funds made available under changes the deadlines specified for new re- Authorizations from the Highway Trust subsection (b) shall be administered in the ports, studies, or rulemaking mandates con- Fund (other than the Mass Transit Account) account established in the Treasury entitled tained in this chapter. to carry out this chapter shall be available ‘‘Motor Carrier Safety Grants 69–8158–0–7– (f) REPORT OF OTHER AGENCY ACTIONS.— for obligation on the date of their apportion- 401’’. Within 12 months after the date of enactment or allocation or on October 1 of the fis- (d) PERIOD OF AVAILABILITY.—The amounts ment of this Act, the Secretary shall submit cal year for which they are authorized, made available under subsection (b) of this to the Senate Committee on Commerce, whichever occurs first. Approval by the Sec- section shall remain available until ex- Science, and Transportation and the House retary of a grant with funds made available pended. Committee on Transportation and Infra- under this chapter imposes upon the United SEC. 7104. HIGH RISK CARRIER COMPLIANCE RE- structure a report on the status of the fol- States Government a contractual obligation VIEWS. lowing projects: for payment of the Government’s share of From the funds authorized by section (1) Rescinding the current regulation costs incurred in carrying out the objectives 31104(i)(1) of title 49, United States Code, the which prohibits truck and bus drivers from of the grant. Secretary of Transportation shall ensure viewing television and monitor screens while SEC. 7103. AUTHORIZATION OF APPROPRIATIONS. that compliance reviews are completed on operating commercial vehicles. (a) ADMINISTRATIVE EXPENSES.—Section motor carriers that have demonstrated (2) Consolidating Out-Of-Service Criteria 31104 is amended by adding at the end the through performance data that they pose the regulations enforced by the Federal Motor following: highest safety risk. At a minimum, compli- Carrier Safety Administration. ‘‘(i) ADMINISTRATIVE EXPENSES.— ance reviews shall be conducted whenever a (3) Revision of the safety fitness rating ‘‘(1) There are authorized to be appro- motor carrier is rated as category A or B for system of motor carriers. priated from the Highway Trust Fund (other 2 consecutive months. (4) Amendment of Federal Motor Carrier than the Mass Transit Account) for the Sec- SEC. 7105. OVERDUE REPORTS, STUDIES, AND Safety Administration rules of practice for retary of Transportation to pay administra- RULEMAKINGS. conducting motor carrier administrative tive expenses of the Federal Motor Carrier (a) REQUIREMENT FOR COMPLETION.—Within proceedings, investigations, disqualifica- Safety Administration— 6 months after the date of enactment of this tions, and for issuing penalties. ‘‘(A) $211,400,000 for fiscal year 2006, Act, the Secretary of Transportation shall (5) Requiring commercial drivers to have a ‘‘(B) $217,500,000 for fiscal year 2007, transmit to the Senate Committee on Com- sufficient functional speaking and reading ‘‘(C) $222,600,000 for fiscal year 2008, and merce, Science, and Transportation and the comprehension of the English language. ‘‘(D) $228,500,000 for fiscal year 2009, House of Representatives Committee on SEC. 7106. AMENDMENTS TO THE LISTED RE- of which $6,800,000 shall be available for each Transportation and Infrastructure a sched- PORTS, STUDIES, AND RULEMAKING fiscal year to make grants to, or execute ule for the completion of the following re- PROCEEDINGS. contracts with, States, local governments, or ports, studies, and rulemaking proceedings: In addition to completing the reports, other persons for the commercial vehicle (1) Motor Carrier Replacement Information studies, and rulemaking proceedings listed analysis reporting system, with the Federal and Registration System, section 103, ICC in section 7105(a), the Secretary of Transpor- share payable under any such grant to be 100 Termination Act of 1995. tation shall— percent. (2) General Jurisdiction Over Freight For- (1) cause the Interim Final Rule addressing ‘‘(2) The funds authorized by this sub- warder Service, section 13531, ICC Termi- New Motor Carrier Entrant Requirements to section shall be used for personnel costs; ad- nation Act of 1995. be amended so as to require that a safety ministrative infrastructure; rent; informa- (3) Performance-based CDL Testing, sec- audit be immediately converted to a compli- tion technology; programs for research and tion 4019, Transportation Equity Act for the ance review and appropriate enforcement ac- technology, information management, regu- Twenty-First Century. tions be taken if the safety audit discloses latory development (including a medical re- (4) Improved Flow of Driver History Pilot acute safety violations by the new entrant; view board and rules for medical examiners), Program, section 4022, Transportation Eq- and performance and registration information uity Act for the Twenty-First Century. (2) ensure that Federal motor carrier safe- system management, and outreach and edu- (5) Employee Protections, section 4023, ty regulations that apply to interstate oper- cation; other operating expenses and similar Transportation Equity Act for the Twenty- ations of commercial motor vehicles de- matters; and such other expenses as may First Century. signed to transport between 9 and 15 pas- from time to time become necessary to im- (6) Federal Motor Carrier Safety Adminis- sengers (including the driver) apply to all plement statutory mandates not funded from tration 2010 Strategy, section 104, Motor Car- interstate operations of such carries regard- other sources. rier Safety Improvement Act of 1999. less of the distance traveled. ‘‘(3) The amounts made available under (7) New Motor Carrier Entrant Require- SEC. 7107. MOTOR CARRIER SAFETY GRANTS. this section shall remain available until ex- ments, section 210, Motor Carrier Safety Im- (a) MOTOR CARRIER SAFETY ASSISTANCE pended.’’. provement Act of 1999. PROGRAM.— (b) GRANT PROGRAMS.—There are author- (8) Certified Motor Carrier Safety Audi- (1) Section 31102 is amended— ized to be appropriated from the Highway tors, section 211, Motor Carrier Safety Im- (A) by striking ‘‘activities by fiscal year Trust Fund (other than the Mass Transit Ac- provement Act of 1999. 2000;’’ in subsection (b)(1)(A) and inserting count) for the following Federal Motor Car- (9) Medical Certificate, section 215, Motor ‘‘activities for commercial motor vehicles of rier Safety Administration programs: Carrier Safety Improvement Act of 1999. passengers and freight;’’;

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4752 CONGRESSIONAL RECORD — SENATE May 9, 2005 (B) by striking ‘‘years before December 18, (4) Section 31104(f) is amended by striking (B) by striking the item relating to section 1991;’’ in subsection (b)(1)(E) and inserting paragraph (2) and inserting the following: 31107, and inserting the following: ‘‘years;’’; ‘‘(2) HIGH-PRIORITY ACTIVITIES.—The Sec- ‘‘31107. Border enforcement grants.’’. (C) by striking ‘‘and’’ after the semicolon retary may designate up to $15,000,000 for (2) Subchapter I of chapter 311 is amended in subsection (b)(1)(S); each of fiscal years 2006 through 2009 from by striking the subchapter heading and in- (D) by striking ‘‘personnel.’’ in subsection amounts available for allocation under para- serting the following: (b)(1)(T) and inserting ‘‘personnel;’’; graph (1) for States, local governments, and ‘‘SUBCHAPTER I—GENERAL AUTHORITY (E) adding at the end of subsection (b)(1) organizations representing government AND STATE GRANTS’’ the following: agencies or officials for carrying out high ‘‘(U) ensures that inspections of motor car- priority activities and projects that improve SEC. 7108. TECHNICAL CORRECTIONS. riers of passengers are conducted at stations, commercial motor vehicle safety and compli- (a) JURISDICTION OF COURT OF APPEALS terminals, border crossings, or maintenance ance with commercial motor vehicle safety OVER COMMERCIAL MOTOR VEHICLE SAFETY facilities, except in the case of an imminent regulations, including activities and projects REGULATION AND OPERATORS AND MOTOR CAR- or obvious safety hazard; that are national in scope, increase public RIER SAFETY.—Section 2342(3)(A) of title 28, ‘‘(V) provides that the State will include in awareness and education, or demonstrate United States Code, is amended by striking the training manual for the licensing exam- new technologies, and will reduce the num- ‘‘subtitle IV’’ and inserting ‘‘subtitle IV, ination to drive a non-commercial motor ve- ber and rate of accidents involving commer- subchapter III of chapter 311, chapter 313, or hicle and a commercial motor vehicle, infor- cial motor vehicles. The amounts designated chapter 315’’. mation on best practices for driving safely in under this paragraph shall be allocated by (b) JUDICIAL REVIEW.—Section 351(a) is the vicinity of commercial motor vehicles the Secretary to State agencies, local gov- amended to read as follows: and in the vicinity of non-commercial vehi- ernments, and organizations representing ‘‘(a) JUDICIAL REVIEW.—An action of the cles, respectively; and government agencies or officials that use Secretary of Transportation in carrying out ‘‘(W) provides that the State will enforce and train qualified officers and employees in a duty or power transferred under the De- the registration requirements of section coordination with State motor vehicle safety partment of Transportation Act (Public Law 13902 by suspending the operation of any ve- agencies. The Secretary shall establish safe- 89–670; 80 Stat. 931), or an action of the Ad- hicle discovered to be operating without reg- ty performance criteria to be used to dis- ministrator of the Federal Railroad Admin- istration or beyond the scope of its registra- tribute high priority program funds. At least istration, Federal Motor Carrier Safety Ad- tion.’’; and 80 percent of the amounts designated under ministration, or the Federal Aviation Ad- (F) by striking subsection (c) and inserting this paragraph shall be awarded to State ministration in carrying out a duty or power the following: agencies and local government agencies. specifically assigned to the Administrator by ‘‘(c) USE OF GRANTS TO ENFORCE OTHER that Act, may be reviewed judicially to the ‘‘(3) NEW ENTRANT AUDITS.—The Secretary LAWS.—A State may use amounts received shall designate up to $29,000,000 of the same extent and in the same way as if the under a grant under subsection (a) of this amounts available for allocation under para- action had been an action by the depart- section for the following activities: graph (1) for audits of new entrant motor ment, agency, or instrumentality of the ‘‘(1) If the activities are carried out in con- carriers conducted pursuant to 31144(f). The United States Government carrying out the junction with an appropriate inspection of duty or power immediately before the trans- the commercial motor vehicle to enforce Secretary may withhold such funds from a State or local government that is unable to fer or assignment.’’. Government or State commercial motor ve- UTHORITY TO CARRY OUT CERTAIN use government employees to conduct new (c) A hicle safety regulations— TRANSFERRED DUTIES AND POWERS.—Section entrant motor carrier audits, and may in- ‘‘(A) enforcement of commercial motor ve- 352 is amended to read as follows: hicle size and weight limitations at locations stead utilize the funds to conduct audits in those jurisdictions. ‘‘§ 352. Authority to carry out certain trans- other than fixed weight facilities, at specific ferred duties and powers locations such as steep grades or moun- ‘‘(4) CDLIS MODERNIZATION.—The Secretary ‘‘In carrying out a duty or power trans- tainous terrains where the weight of a com- may designate up to $2,000,000 for fiscal year ferred under the Department of Transpor- mercial motor vehicle can significantly af- 2006 and up to $6,000,000 for fiscal years 2007 tation Act (Public Law 89–670; 80 Stat. 931), fect the safe operation of the vehicle, or at through 2009 from amounts available for al- the Secretary of Transportation and the Ad- ports where intermodal shipping containers location under paragraph (1) for commercial ministrators of the Federal Railroad Admin- enter and leave the United States; and driver’s license information system mod- istration, the Federal Motor Carrier Safety ‘‘(B) detection of the unlawful presence of ernization under section 31309(f).’’. Administration, and the Federal Aviation a controlled substance (as defined under sec- (b) GRANTS TO STATES FOR BORDER EN- Administration have the same authority tion 102 of the Comprehensive Drug Abuse FORCEMENT.—Section 31107 is amended to that was vested in the department, agency, Prevention and Control Act of 1970 (21 U.S.C. read as follows: or instrumentality of the United States Gov- 802)) in a commercial motor vehicle or on the ‘‘§ 31107. Border enforcement grants ernment carrying out the duty or power im- person of any occupant (including the oper- ‘‘(a) GENERAL AUTHORITY.—From the funds mediately before the transfer. An action of ator) of the vehicle. authorized by section 7103(b)(1) of the Motor the Secretary or Administrator in carrying ‘‘(2) Documented enforcement of State Carrier Safety Reauthorization Act of 2005, out the duty or power has the same effect as traffic laws and regulations designed to pro- the Secretary may make a grant in a fiscal when carried out by the department, agency, mote the safe operation of commercial year to a State that shares a border with an- or instrumentality.’’. motor vehicles, including documented en- other country for carrying out border com- (d) TRANSFER OF PROVISION.— forcement of such laws and regulations mercial motor vehicle safety programs and (1) Section 345 of Public Law 104-59 is against non-commercial motor vehicles related enforcement activities and projects. transferred to subchapter III of chapter 311 when necessary to promote the safe oper- of title 49, United States Code, redesignated ation of commercial motor vehicles.’’. ‘‘(b) MAINTENANCE OF EXPENDITURES.—The as section 31149, and inserted after section (2) Section 31103(b) is amended— Secretary may make a grant to a State under this section only if the State agrees 31148 as section 31149. Section 31149, as trans- (A) by inserting ‘‘(1)’’ after ‘‘ACTIVITIES.—’’; ferred by the preceding sentence, is amend- and that the total expenditure of amounts of the ed— (B) by adding at the end the following: State and political subdivisions of the State, exclusive of United States Government (A) by conforming the section heading to ‘‘(2) NEW ENTRANT MOTOR CARRIER AUDIT amounts, for carrying out border commercial the style and format of the section headings FUNDS.—From the amounts designated under in chapter 311 of title 49, United States Code; section 31104(f)(4), the Secretary may allo- motor vehicle safety programs and related (B) by striking ‘‘of title 49, United States cate new entrant motor carrier audit funds enforcement activities and projects will be Code,’’ in subsection (a)(1), subsection (a)(5), to States and local governments without re- maintained at a level at least equal to the and subsection (e)(4); and quiring a matching contribution from such average level of that expenditure by the (C) by striking subsection (f). States or local governments.’’. State and political subdivisions of the State (2) The chapter analysis for chapter 311 is (3) Section 31104(a) is amended to read as for the last 2 State or Federal fiscal years amended by inserting after the item relating follows: before October 1, 2005.’’. to section 31148 the following: ‘‘(a) IN GENERAL.—There are authorized to (c) NONCOMPLIANCE WITH CDL REQUIRE- be appropriated from the Highway Trust MENTS.—Section 31314 is amended by insert- ‘‘31149. Exemptions from requirements relat- Fund (other than the Mass Transit Account) ing ‘‘up to’’ after ‘‘withhold’’ in subsections ing to commercial motor vehi- to carry out section 31102: (a) and (b). cles and their operators.’’. ‘‘(1) Not more than $193,620,000 for fiscal (d) CONFORMING AMENDMENTS.—(1) The (e) ELIMINATION OF COMMODITY AND SERVICE year 2006. chapter analysis for chapter 311 is amended— EXEMPTIONS.— ‘‘(2) Not more than $197,490,000 for fiscal (A) by striking the item relating to Sub- (1) Section 13506(a) is amended— year 2007. chapter I, and inserting the following: (A) by striking paragraphs (6), (11), (12), ‘‘(3) Not more than $201,440,000 for fiscal ‘‘SUBCHAPTER I—GENERAL AUTHORITY (13), and (15); year 2008. AND STATE GRANTS’’; (B) by redesignating paragraphs (7), (8), (9), ‘‘(4) Not more than $205,470,000 for fiscal (10), and (14) as paragraphs (6), (7), (8), (9) and year 2009.’’. and (10), respectively;

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(C) by inserting ‘‘or’’ after the semicolon examination standards and are listed on a (c) DEFINITION OF MEDICAL EXAMINER.— in paragraph (9), as redesignated; and national registry maintained by the Depart- Section 31132 is amended— (D) striking ‘‘13904(d); or’’ in paragraph ment of Transportation; and (1) by redesignating paragraphs (6) through (10), as redesignated, and inserting ‘‘(B) issue certificates to such holders and (10) as paragraphs (7) through (11), respec- ‘‘14904(d).’’. applicants that have been found, upon exam- tively; and (2) Section 13507 is amended by striking ination, to be physically qualified to operate (2) by inserting after paragraph (5) the fol- ‘‘(6), (8), (11), (12), or (13)’’ and inserting a commercial motor vehicle and to meet ap- lowing: ‘‘(6)’’. plicable medical standards unless the au- ‘‘(6) ‘medical examiner’ means an indi- SEC. 7109. PENALTY FOR DENIAL OF ACCESS TO thority to issue certificates has been dele- vidual licensed, certified, or registered in ac- RECORDS. gated to medical examiners under subpara- cordance with regulations issued by the Fed- Section 521(b)(2) is amended by adding at graph (d)(2) of this section; eral Motor Carrier Safety Administration as the end the following: ‘‘(C) require each holder of a commercial a medical examiner.’’. ‘‘(E) COPYING OF RECORDS AND ACCESS TO driver’s license or learner’s permit who oper- (d) FUNDING.—Amounts made available EQUIPMENT, LANDS, AND BUILDINGS.—A motor ates a commercial vehicle in interstate com- pursuant to section 31104(i)(1) of title 49, carrier subject to chapter 51 of subtitle III, a merce to have a current valid medical cer- United States Code, shall be used by the Sec- motor carrier, broker, or freight forwarder tificate; retary to carry out section 31150 of title 49, subject to part B of subtitle IV, or the owner ‘‘(D) conduct periodic reviews of a select United States Code. or operator of a commercial motor vehicle number of medical examiners on the na- (e) CONFORMING AMENDMENT.—The chapter subject to part B of subtitle VI of this title tional registry to ensure that proper exami- analysis for chapter 311, as amended by sec- who fails to allow the Secretary, or an em- nations of applicants and holders are being tion 7108(d) of this chapter, is amended by in- ployee designated by the Secretary, prompt- conducted; serting after the item relating to section ly upon demand to inspect and copy any ‘‘(E) develop, as appropriate, specific 31149 the following: record or inspect and examine equipment, courses and materials for medical examiners lands, buildings and other property in ac- listed in the national registry established ‘‘31150. Medical program’’. cordance with sections 504(c), 5121(c), and under this section, and require those medical (f) EFFECTIVE DATE.—The amendment 14122(b) of this title shall be liable to the examiners to complete specific training, in- made by subsection (a) shall take effect 1 United States for a civil penalty not to excluding refresher courses, to be listed in the year after the date of enactment of this Act. ceed $500 for each offense, and each day the registry; SEC. 7111. OPERATION OF COMMERCIAL MOTOR Secretary is denied the right to inspect and ‘‘(F) require medical examiners to trans- VEHICLES BY INDIVIDUALS WHO copy any record or inspect and examine mit the name of the applicant and numerical USE INSULIN TO TREAT DIABETES equipment, lands, buildings and other prop- identifier, as determined by the Adminis- MELLITUS. erty shall constitute a separate offense, ex- trator, for any completed medical examina- (a) REVISION OF FINAL RULE.—Not later cept that the total of all civil penalties tion report required under section 391.43 of than 90 days after the date of the enactment against any violator for all offenses related title 49, Code of Federal Regulations, elec- of this Act, the Secretary shall revise the to a single violation shall not exceed $5,000. tronically to the Chief Medical Examiner on final rule to allow individuals who use insu- It shall be a defense to such penalty that the monthly basis; and lin to treat their diabetes to operate com- records did not exist at the time of the Sec- ‘‘(G) periodically review a representative mercial motor vehicles in interstate com- retary’s request or could not be timely pro- sample of the medical examination reports merce. The revised final rule shall provide duced without unreasonable expense or ef- associated with the name and numerical for the individual assessment of applicants fort. Nothing herein amends or supersedes identifiers of applicants transmitted under who use insulin to treat their diabetes and any remedy available to the Secretary under subparagraph (F) for errors, omissions, or who are, except for their use of insulin, oth- sections 502(d), 507(c), or other provision of other indications of improper certification. erwise qualified under the Federal Motor this title.’’. ‘‘(2) MONITORING PERFORMANCE.—The Sec- Carrier Safety Regulations. The revised final SEC. 7110. MEDICAL PROGRAM. retary shall investigate patterns of errors or rule shall be consistent with the criteria de- (a) IN GENERAL.—Subchapter III of chapter improper certification by a medical exam- scribed in section 4018 of the Transportation 311, as amended by section 7108(d) of this iner. If the Secretary finds that a medical Equity Act for the 21st Century (49 U.S.C. chapter, is amended by adding at the end the examiner has issued a medical certificate to 31305 note) and shall conclude the rule- following: an applicant or holder who fails to meet the making process in the Federal Motor Carrier applicable standards at the time of the ex- ‘‘§ 31150. Medical program Safety Administration docket relating to amination, such a medical examiner may be qualifications of drivers with diabetes. ‘‘(a) MEDICAL REVIEW BOARD.— removed from the registry and the medical (b) NO HISTORY OF DRIVING WHILE USING IN- ‘‘(1) ESTABLISHMENT AND FUNCTION.—The certificate of the applicant or holder may be SULIN REQUIRED FOR QUALIFICATION.—The Secretary of Transportation shall establish a deemed void. Secretary may not require individuals to Medical Review Board to provide the Federal ‘‘(d) NATIONAL REGISTRY OF MEDICAL EXAM- have experience operating commercial motor Motor Carrier Safety Administration with INERS.—The Secretary, through the Federal vehicles while using insulin in order to qual- medical advice and recommendations on Motor Carrier Safety Administration— ify to operate a commercial motor vehicle in driver qualification medical standards and ‘‘(1) shall establish and maintain a current interstate commerce. guidelines, medical examiner education, and national registry of medical examiners who (c) HISTORY OF DIABETES CONTROL.—The medical research. are qualified to perform examinations and Secretary may require an individual to have ‘‘(2) COMPOSITION.—The Medical Review issue medical certificates; Board shall be appointed by the Secretary used insulin for a minimum period of time ‘‘(2) shall delegate to those examiners the and demonstrated stable control of diabetes and shall consist of 5 members selected from authority to issue such certificates upon suc- medical institutions and private practice. in order to qualify to operate a commercial cessfully completing the required training; motor vehicle in interstate commerce. Any The membership shall reflect expertise in a ‘‘(3) shall remove from the registry the variety of specialties relevant to the func- such requirement, including any require- name of any medical examiner that fails to ment with respect to the duration of such in- tions of the Federal Motor Carrier Safety meet or maintain the qualifications estab- Administration. sulin use, shall be consistent with the find- lished by the Secretary for being listed in ings of the expert medical panel reported in ‘‘(b) CHIEF MEDICAL EXAMINER.—The Sec- the registry or otherwise does not meet the retary shall appoint a chief medical exam- July 2000 in ‘‘A Report to Congress on the requirements of this section or regulation Feasibility of a Program to Qualify Individ- iner who shall be an employee of the Federal issued there under; and Motor Carrier Safety Administration accord- uals with Insulin-Treated Diabetes Mellitus ‘‘(4) shall accept as valid only medical cer- to Operate Commercial Motor Vehicles in ing to the SL schedule. tificates issued by persons on the national ‘‘(c) MEDICAL STANDARDS AND REQUIRE- Interstate Commerce as Directed by the registry of medical examiners. Transportation Equity Act for the 21st Cen- MENTS.— ‘‘(e) REGULATIONS.—The Secretary is au- tury’’. ‘‘(1) IN GENERAL.— The Secretary, with the thorized to promulgate such regulations as advice of the Medical Review Board and the may be necessary to carry out this section.’’. (d) APPLICABLE STANDARD.—The Secretary chief medical examiner, shall— (b) MEDICAL EXAMINERS.—Section shall ensure that individuals who use insulin ‘‘(A) establish, review, and revise— 31136(a)(3) is amended to read as follows: to treat their diabetes are not held to a high- ‘‘(i) medical standards for applicants for ‘‘(3) the physical condition of operators of er standard than other qualified commercial and holders of commercial driver’s licenses commercial motor vehicles is adequate to drivers, except to the extent that limited op- that will ensure that the physical condition enable them to operate the vehicles safely, erating, monitoring, or medical require- of operators of commercial motor vehicles is and the periodic physical examinations re- ments are deemed medically necessary by adequate to enable them to operate the vehi- quired of such operators are performed by experts in the field of diabetes medicine. cles safely; medical examiners who have received train- SEC. 7112. FINANCIAL RESPONSIBILITY FOR PRI- ‘‘(ii) requirements for periodic physical ex- ing in physical and medical examination VATE MOTOR CARRIERS. aminations of such operators performed by standards and are listed on a national reg- (a) TRANSPORTATION OF PASSENGERS.— medical examiners who have successfully istry maintained by the Department of (1) Section 31138(a) is amended to read as completed training in physical and medical Transportation; and’’. follows:

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4754 CONGRESSIONAL RECORD — SENATE May 9, 2005

‘‘(a) GENERAL REQUIREMENT.—The Sec- section 504 of this title or under any regula- ‘‘(2) periodically update such safety fitness retary of Transportation shall prescribe reg- tion issued by the Secretary pursuant to sub- determinations; ulations to require minimum levels of finan- chapter III of chapter 311 (except sections ‘‘(3) make such final safety fitness deter- cial responsibility sufficient to satisfy liabil- 31138 and 31139) or section 31502 of this title minations readily available to the public; ity amounts established by the Secretary about transportation by motor carrier, and covering public liability and property dam- motor carrier of migrant workers, or motor ‘‘(4) prescribe by regulation penalties for age for the transportation of passengers by private carrier, or an officer, agent, or em- violations of this section consistent with motor vehicle in the United States between ployee of that person— section 521.’’. a place in a State and— ‘‘(i) who does not make that report, does (b) Subsection (c) of section 31144 is amend- ‘‘(1) a place in another State; not specifically, completely, and truthfully ed by adding at the end the following: ‘‘(2) another place in the same State answer that question in 30 days from the ‘‘(5) TRANSPORTATION AFFECTING INTER- through a place outside of that State; or date the Secretary requires the question to STATE COMMERCE.—Owners or operators of ‘‘(3) a place outside the United States.’’. be answered, or does not make, prepare, or commercial motor vehicles prohibited from (2) Section 31138(c) is amended by adding at preserve that record in the form and manner operating in interstate commerce pursuant the end the following: prescribed by the Secretary, shall be liable to paragraphs (1) through (3) of this section ‘‘(4) The Secretary may require a person, to the United States for a civil penalty in an may not operate any commercial motor ve- other than a motor carrier as defined in sec- amount not to exceed $1,000 for each offense, hicle that affects interstate commerce until tion 13102(12) of this title, transporting pas- and each day of the violation shall con- the Secretary determines that such owner or sengers by motor vehicle to file with the stitute a separate offense, except that the operator is fit.’’. Secretary the evidence of financial responsi- total of all civil penalties assessed against (c) Section 31144 is amended by redesig- bility specified in subsection (c)(1) of this any violator for all offenses related to any nating subsections (d), (e), and the second section in an amount not less than that re- single violation shall not exceed $10,000; or subsection (c) as subsections (e), (f), and (g), quired by this section, and the laws of the ‘‘(ii) who knowingly falsifies, destroys, mu- respectively, and inserting after subsection State or States in which the person is oper- tilates, or changes a required report or (c) the following: ating, to the extent applicable. The extent of record, knowingly files a false report with ‘‘(d) DETERMINATION OF UNFITNESS BY A the financial responsibility must be suffi- the Secretary, knowingly makes or causes or STATE.—If a State that receives Motor Car- cient to pay, not more than the amount of permits to be made a false or incomplete rier Safety Assistance Program funds pursu- the financial responsibility, for each final entry in that record about an operation or ant to section 31102 of this title determines, judgment against the person for bodily in- business fact or transaction, or knowingly by applying the standards prescribed by the jury to, or death of, an individual resulting makes, prepares, or preserves a record in vio- Secretary under subsection (b) of this sec- from the negligent operation, maintenance, lation of a regulation or order of the Sec- tion, that an owner or operator of commer- or use of motor vehicles, or for loss or dam- retary, shall be liable to the United States cial motor vehicles that has its principal age to property, or both.’’. for a civil penalty in an amount not to ex- place of business in that State and operates (b) TRANSPORTATION OF PROPERTY.—Sec- ceed $10,000 for each violation, if any such in intrastate commerce is unfit under such tion 31139 is amended— action can be shown to have misrepresented standards and prohibits the owner or oper- (1) by striking so much of subsection (b) as a fact that constitutes a violation other than ator from operating such vehicles in the precedes paragraph (2) and inserting the fol- a reporting or recordkeeping violation.’’. State, the Secretary shall prohibit the owner lowing: (b) Section 31310(i)(2) is amended to read as or operator from operating such vehicles in ‘‘(b) GENERAL REQUIREMENTS AND MINIMUM follows: interstate commerce until the State deter- AMOUNT.— ‘‘(2) The Secretary shall prescribe regula- mines that the owner or operator is fit.’’. ‘‘(1) The Secretary of Transportation shall tions establishing sanctions and penalties re- SEC. 7115. AUTHORITY TO STOP COMMERCIAL prescribe regulations to require minimum lated to violations of out-of-service orders by MOTOR VEHICLES. levels of financial responsibility sufficient to individuals operating commercial motor ve- (a) IN GENERAL.—Chapter 2 of title 18, satisfy liability amounts established by the hicles. The regulations shall require at least United States Code, is amended by adding at Secretary covering public liability, property that— the end the following: damage, and environmental restoration for ‘‘(A) an operator of a commercial motor the transportation of property by motor ve- ‘‘§ 39. Commercial motor vehicles required to vehicle found to have committed a first vio- stop for inspections hicle in the United States between a place in lation of an out-of-service order shall be dis- ‘‘(a) A driver of a commercial motor vehi- a State and— qualified from operating such a vehicle for at cle, as defined in section 31132(1) of title 49, ‘‘(A) a place in another State; least 180 days and liable for a civil penalty of shall stop and submit to inspection of the ve- ‘‘(B) another place in the same State at least $2,500; hicle, driver, cargo, and required records through a place outside of that State; or ‘‘(B) an operator of a commercial motor when directed to do so by an authorized em- ‘‘(C) a place outside the United States.’’; vehicle found to have committed a second ployee of the Federal Motor Carrier Safety (2) by aligning the left margin of paragraph violation of an out-of-service order shall be Administration, Department of Transpor- (2) of subsection (b) with the left margin of disqualified from operating such a vehicle tation, at or in the vicinity of an inspection paragraph (1) of that subsection (as amended for at least 2 years and not more than 5 years site. The driver shall not leave the inspec- by paragraph (1) of this subsection); and and liable for a civil penalty of at least tion site until authorized to do so by an au- (3) by redesignating subsection (c) through $5,000; thorized employee. (g) as subsections (d) through (h), respec- ‘‘(C) an employer that knowingly allows or ‘‘(b) A driver of a commercial motor vehi- tively, and inserting after subsection (b) the requires an employee to operate a commer- cle, as defined in subsection (a), who know- following: cial motor vehicle in violation of an out-of- ‘‘(c) FILING OF EVIDENCE OF FINANCIAL RE- ingly fails to stop for inspection when di- service order shall be liable for a civil pen- SPONSIBILITY.—The Secretary may require a rected to do so by an authorized employee of alty of not more than $25,000; and motor private carrier, as defined in section the Federal Motor Carrier Safety Adminis- ‘‘(D) an employer that knowingly and will- 13102 of this title, to file with the Secretary tration at or in the vicinity of an inspection fully allows or requires an employee to oper- the evidence of financial responsibility speci- site, or leaves the inspection site without au- ate a commercial motor vehicle in violation fied in subsection (b) of this section in an thorization, shall be fined under this title or of an out-of-service order shall, upon convic- amount not less than that required by this imprisoned not more than 1 year, or both.’’. tion, be subject for each offense to imprison- section, and the laws of the State or States (b) AUTHORITY OF FMCSA.—Chapter 203 of ment for a term not to exceed 1 year or a in which the motor private carrier is oper- title 18, United States Code, is amended by fine under title 18, United States Code, or ating, to the extent applicable. The amount adding at the end the following: both.’’. of the financial responsibility must be suffi- ‘‘§ 3064. Powers of Federal Motor Carrier SEC. 7114. INTRASTATE OPERATIONS OF INTER- cient to pay, not more than the amount of Safety Administration the financial responsibility, for each final STATE MOTOR CARRIERS. ‘‘Authorized employees of the Federal judgment against the motor private carrier (a) Subsection (a) of section 31144 is amend- Motor Carrier Safety Administration may for bodily injury to, or death of, an indi- ed to read as follows: direct a driver of a commercial motor vehi- vidual resulting from negligent operation, ‘‘(a) IN GENERAL.—The Secretary shall— cle, as defined in 49 U.S.C. 31132(1), to stop maintenance, or use of motor vehicles, or for ‘‘(1) determine whether an owner or oper- for inspection of the vehicle, driver, cargo, loss or damage to property, or both.’’. ator is fit to operate safely commercial and required records at or in the vicinity of SEC. 7113. INCREASED PENALTIES FOR OUT-OF- motor vehicles, utilizing among other things SERVICE VIOLATIONS AND FALSE the accident record of an owner or operator an inspection site.’’. RECORDS. operating in interstate commerce and the (c) CONFORMING AMENDMENTS.— (a) Section 521(b)(2)(B) is amended to read accident record and safety inspection record (1) The chapter analysis for chapter 2 of as follows: of such owner or operator in operations that title 18, United States Code, is amended by ‘‘(B) RECORDKEEPING AND REPORTING VIOLA- affect interstate commerce within the inserting after the item relating to section TIONS.—A person required to make a report United States, and in Canada and Mexico if 38 the following: to the Secretary, answer a question, or the owner or operator also conducts oper- ‘‘39. Commercial motor vehicles required to make, prepare, or preserve a record under ations within the United States; stop for inspections.’’.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4755 (2) The chapter analysis for chapter 203 of ‘‘§ 31108. Motor carrier research and tech- the resulting royalties may be distributed, title 18, United States Code, is amended by nology program shall be subject to the Stevenson-Wydler inserting after the item relating to section ‘‘(a) RESEARCH, TECHNOLOGY, AND TECH- Technology Innovation Act of 1980 (15 U.S.C. 3063 the following: NOLOGY TRANSFER ACTIVITIES.— 3701 et seq.). ‘‘3064. Powers of Federal Motor Carrier Safe- ‘‘(1) The Secretary of Transportation shall ‘‘(c) AVAILABILITY OF AMOUNTS.—The ty Administration.’’. establish and carry out a motor carrier and amounts made available under section SEC. 7116. REVOCATION OF OPERATING AUTHOR- motor coach research and technology pro- 7103(a) of the Motor Carrier Safety Reauthor- ITY. gram. The Secretary may carry out research, ization Act of 2005 to carry out this section Section 13905(e) is amended— development, technology, and technology shall remain available until expended. (1) by striking paragraph (1) and inserting transfer activities with respect to— ‘‘(d) CONTRACT AUTHORITY.—Approval by the following: ‘‘(A) the causes of accidents, injuries and the Secretary of a grant with funds made ‘‘(1) PROTECTION OF SAFETY.—Notwith- fatalities involving commercial motor vehi- available under section 7103(a) of the Motor standing subchapter II of chapter 5 of title 5, cles; and Carrier Safety Reauthorization Act of 2005 to the Secretary— ‘‘(B) means of reducing the number and se- carry out this section imposes upon the ‘‘(A) may suspend the registration of a verity of accidents, injuries and fatalities in- United States Government a contractual ob- motor carrier, a freight forwarder, or a volving commercial motor vehicles. ligation for payment of the Government’s broker for failure to comply with require- ‘‘(2) The Secretary may test, develop, or share of costs incurred in carrying out the ments of the Secretary pursuant to section assist in testing and developing any mate- objectives of the grant.’’. 13904(c) or 13906 of this title, or an order or rial, invention, patented article, or process (b) CONFORMING AMENDMENT.—The chapter regulation of the Secretary prescribed under related to the research and technology pro- analysis for chapter 311 is amended by strik- those sections; and gram. ing the item relating to section 31108, and in- ‘‘(B) shall revoke the registration of a ‘‘(3) The Secretary may use the funds ap- serting the following: motor carrier that has been prohibited from propriated to carry out this section for ‘‘31108. Motor carrier research and tech- operating in interstate commerce for failure training or education of commercial motor nology program.’’. to comply with the safety fitness require- vehicle safety personnel, including, but not SEC. 7119. INTERNATIONAL COOPERATION. ments of section 31144 of this title.’’; limited to, training in accident reconstruc- (a) IN GENERAL.—Chapter 311 is amended (2) by striking ‘‘may suspend a registration and detection of controlled substances by inserting at the end the following: tion’’ in paragraph (2) and inserting ‘‘shall or other contraband, and stolen cargo or ve- ‘‘Subchapter IV—Miscellaneous revoke the registration’’; and hicles. ‘‘§ 31161. International cooperation (3) by striking paragraph (3) and inserting ‘‘(4) The Secretary may carry out this sec- the following: tion— ‘‘The Secretary is authorized to use funds ‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The ‘‘(A) independently; appropriated under section 31104(i) of this Secretary may suspend or revoke under this ‘‘(B) in cooperation with other Federal de- title to participate and cooperate in inter- subsection the registration only after giving partments, agencies, and instrumentalities national activities to enhance motor carrier, notice of the suspension or revocation to the and Federal laboratories; or commercial motor vehicle, driver, and high- registrant. A suspension remains in effect ‘‘(C) by making grants to, or entering into way safety by such means as exchanging in- until the registrant complies with the appli- contracts, cooperative agreements, and other formation, conducting research, and exam- cable sections or, in the case of a suspension transactions with, any Federal laboratory, ining needs, best practices, and new tech- under paragraph (2), until the Secretary re- State agency, authority, association, insti- nology.’’. vokes the suspension.’’. tution, for-profit or non-profit corporation, (b) CLERICAL AMENDMENT.—The chapter analysis for chapter 311 is amended by add- SEC. 7117. PATTERN OF SAFETY VIOLATIONS BY organization, foreign country, or person. MOTOR CARRIER MANAGEMENT. ‘‘(5) The Secretary shall use funds made ing at the end the following: (a) IN GENERAL.—Section 31135 is amend- available to carry out this section to de- ‘‘SUBCHAPTER IV—MISCELLANEOUS ed— velop, administer, communicate, and pro- ‘‘31161. International cooperation.’’. (1) by inserting ‘‘(a) IN GENERAL.—’’ before mote the use of products of research, tech- SEC. 7120. PERFORMANCE AND REGISTRATION ‘‘Each’’; and nology, and technology transfer programs INFORMATION SYSTEM MANAGE- (2) by adding at the end the following: under this section. MENT. ‘‘(b) PATTERN OF NON-COMPLIANCE.—If an ‘‘(b) COLLABORATIVE RESEARCH AND DEVEL- (a) IN GENERAL.—Section 31106(b) is amend- officer of a motor carrier engages in a pat- OPMENT.— ed— tern or practice of avoiding compliance, or ‘‘(1) To advance innovative solutions to (1) by striking paragraphs (2) and (3) and masking or otherwise concealing non-com- problems involving commercial motor vehi- inserting the following: pliance, with regulations on commercial cle and motor carrier safety, security, and ‘‘(2) DESIGN.—The program shall link Fed- motor vehicle safety prescribed under this efficiency, and to stimulate the deployment eral motor carrier safety information sys- subchapter, the Secretary may suspend, of emerging technology, the Secretary may tems with State commercial vehicle reg- amend, or revoke any part of the motor car- carry out, on a cost-shared basis, collabo- istration and licensing systems and shall be rier’s registration under section 13905 of this rative research and development with— designed to enable a State to— title. ‘‘(A) non-Federal entities, including State ‘‘(A) determine the safety fitness of a ‘‘(c) REGULATIONS.—Within 1 year after the and local governments, foreign governments, motor carrier or registrant when licensing or date of enactment of the Motor Carrier Safe- colleges and universities, corporations, insti- registering the registrant or motor carrier or ty Reauthorization Act of 2005, the Secretary tutions, partnerships, and sole proprietor- while the license or registration is in effect; shall by regulation establish standards to ships that are incorporated or established and implement subsection (b). under the laws of any State; and ‘‘(B) deny, suspend, or revoke the commer- ‘‘(d) DEFINITIONS.—In this section: ‘‘(B) Federal laboratories. cial motor vehicle registrations of a motor ‘‘(1) MOTOR CARRIER.—The term ‘motor car- ‘‘(2) In carrying out this subsection, the carrier or registrant that has been issued an rier’ has the meaning given the term in sec- Secretary may enter into cooperative re- operations out-of-service order by the Sec- tion 13102(12) of this title. search and development agreements (as de- retary. ‘‘(2) OFFICER.—The term ‘officer’ means an fined in section 12 of the Stevenson-Wydler ‘‘(3) CONDITIONS FOR PARTICIPATION.—The owner, director, chief executive officer, chief Technology Innovation Act of 1980 (15 U.S.C. Secretary shall require States, as a condi- operating officer, chief financial officer, 3710a)). tion of participation in the program, to— safety director, vehicle maintenance super- ‘‘(3)(A) The Federal share of the cost of ac- ‘‘(A) comply with the uniform policies, pro- visor, and driver supervisor of a motor car- tivities carried out under a cooperative re- cedures, and technical and operational rier, regardless of the title attached to those search and development agreement entered standards prescribed by the Secretary under functions, and any person, however des- into under this subsection shall not exceed 50 subsection (a)(4); ignated, exercising controlling influence percent, except that if there is substantial ‘‘(B) possess the authority to impose sanc- over the operations of the motor carrier.’’. public interest or benefit, the Secretary may tions relating to commercial motor vehicle (b) CROSS-REFERENCE.—Section approve a greater Federal share. registration on the basis of a Federal safety 13902(a)(1)(B) is amended to read as follows: ‘‘(B) All costs directly incurred by the non- fitness determination; and ‘‘(B) any safety regulations imposed by the Federal partners, including personnel, trav- ‘‘(C) cancel the motor vehicle registration Secretary, the duties of employers and em- el, and hardware or software development and seize the registration plates of an employees established by the Secretary under costs, shall be credited toward the non-Fed- ployer found liable under section section 31135, and the safety fitness require- eral share of the cost of the activities de- 31310(i)(2)(C) of this title for knowingly al- ments established by the Secretary under scribed in subparagraph (A). lowing or requiring an employee to operate a section 31144; and’’. ‘‘(4) The research, development, or use of a commercial motor vehicle in violation of an SEC. 7118. MOTOR CARRIER RESEARCH AND technology under a cooperative research and out-of-service order.’’; and TECHNOLOGY PROGRAM. development agreement entered into under (2) by striking paragraph (4). (a) IN GENERAL.—Section 31108 is amended this subsection, including the terms under (b) PERFORMANCE AND REGISTRATION INFOR- to read as follows: which the technology may be licensed and MATION SYSTEM MANAGEMENT GRANTS.—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4756 CONGRESSIONAL RECORD — SENATE May 9, 2005 (1) Subchapter I of chapter 311, as amended this section for the core deployment of com- ‘‘(B) with respect to the public sector, in- by section 7118 of this chapter, is further mercial vehicle information systems and cludes the issuance of operating credentials, amended by adding at the end the following: networks may not exceed $2,500,000. the administration of motor vehicle and fuel ‘‘§ 31109. Performance and Registration Infor- ‘‘(4) USE OF FUNDS.—Funds from a grant taxes, and roadside safety and border cross- mation System Management under this subsection may only be used for ing inspection and regulatory compliance op- ‘‘(a) IN GENERAL.—From the funds author- the core deployment of commercial vehicle erations. ized by section 7103(b)(2) of the Motor Carrier information systems and networks. Eligible ‘‘(3) CORE DEPLOYMENT.—The term ‘core de- Safety Reauthorization Act of 2005, the Sec- States that have either completed the core ployment’ means the deployment of systems retary may make a grant in a fiscal year to deployment of commercial vehicle informa- in a State necessary to provide the State a State to implement the performance and tion systems and networks or completed with the following capabilities: registration information system manage- such deployment before core deployment ‘‘(A) SAFETY INFORMATION EXCHANGE.— ment requirements of section 31106(b). grant funds are expended may use the re- Safety information exchange to— ‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts maining core deployment grant funds for the ‘‘(i) electronically collect and transmit made available to a State under section expanded deployment of commercial vehicle commercial vehicle and driver inspection 7103(b)(2) of the Motor Carrier Safety Reau- information systems and networks in their data at a majority of inspection sites; thorization Act of 2005 to carry out this sec- State. ‘‘(ii) connect to the Safety and Fitness tion shall remain available until expended. ‘‘(d) EXPANDED DEPLOYMENT GRANTS.— Electronic Records system for access to ‘‘(c) SECRETARY’S APPROVAL.—Approval by ‘‘(1) IN GENERAL.—For each fiscal year, interstate carrier and commercial vehicle the Secretary of a grant to a State under from the funds remaining after the Secretary data, summaries of past safety performance, section 7103(b)(2) of the Motor Carrier Safety has made core deployment grants under sub- and commercial vehicle credentials informa- Reauthorization Act of 2005 to carry out this section (c) of this section, the Secretary may tion; and section is a contractual obligation of the make grants to each eligible State, upon re- ‘‘(iii) exchange carrier data and commer- Government for payment of the amount of quest, for the expanded deployment of com- cial vehicle safety and credentials informa- the grant.’’. mercial vehicle information systems and tion within the State and connect to Safety (2) CONFORMING AMENDMENT.—The chapter networks. and Fitness Electronic Records for access to analysis for chapter 311 is amended by in- ‘‘(2) ELIGIBILITY.—Each State that has interstate carrier and commercial vehicle serting after the item relating to section completed the core deployment of commer- data. 31108 the following: cial vehicle information systems and net- ‘‘(B) INTERSTATE CREDENTIALS ADMINISTRA- ‘‘31109. Performance and Registration Infor- works is eligible for an expanded deployment TION.—Interstate credentials administration mation System Management.’’. grant. to— SEC. 7121. COMMERCIAL VEHICLE INFORMATION ‘‘(3) AMOUNT OF GRANTS.—Each fiscal year, ‘‘(i) perform end-to-end processing, includ- SYSTEMS AND NETWORKS DEPLOY- the Secretary may distribute funds available ing carrier application, jurisdiction applica- MENT. for expanded deployment grants equally tion processing, and credential issuance, of (a) IN GENERAL.—Subchapter III of chapter among the eligible States, but not to exceed at least the International Registration Plan 311, as amended by section 7110, is amended $1,000,000 per State. and International Fuel Tax Agreement cre- by adding at the end the following: ‘‘(4) USE OF FUNDS.—A State may use funds dentials and subsequently extend this proc- ‘‘§ 31151. Commercial vehicle information sys- from a grant under this subsection only for essing to other credentials, including intra- tems and networks the expanded deployment of commercial ve- state, titling, oversize/overweight, carrier registration, and hazardous materials; ‘‘(a) IN GENERAL.—The Secretary shall hicle information systems and networks. carry out a commercial vehicle information ‘‘(e) FEDERAL SHARE.—The Federal share of ‘‘(ii) connect to the International Registra- systems and networks program to— the cost of a project payable from funds tion Plan and International Fuel Tax Agree- ‘‘(1) improve the safety and productivity of made available to carry out this section ment clearinghouses; and commercial vehicles; and shall not exceed 50 percent. The total Fed- ‘‘(iii) have at least 10 percent of the trans- ‘‘(2) reduce costs associated with commer- eral share of the cost of a project payable action volume handled electronically, and cial vehicle operations and Federal and from all eligible sources shall not exceed 80 have the capability to add more carriers and State commercial vehicle regulatory re- percent. to extend to branch offices where applicable. quirements. ‘‘(f) AVAILABILITY OF FUNDS.—Funds au- ‘‘(C) ROADSIDE SCREENING.—Roadside elec- ‘‘(b) PURPOSE.—The program shall advance thorized to be appropriated under section tronic screening to electronically screen the technological capability and promote the 7103(b)(4) of the Motor Carrier Safety Reau- transponder-equipped commercial vehicles at deployment of intelligent transportation thorization Act of 2005 shall be available for a minimum of 1 fixed or mobile inspection system applications for commercial vehicle obligation in the same manner and to the sites and to replicate this screening at other operations, including commercial vehicle, same extent as if such funds were appor- sites. commercial driver, and carrier-specific infor- tioned under chapter 1 of title 23, United ‘‘(4) EXPANDED DEPLOYMENT.—The term mation systems and networks. States Code, except that such funds shall re- ‘expanded deployment’ means the deploy- ‘‘(c) CORE DEPLOYMENT GRANTS.— main available until expended. ment of systems in a State that exceed the ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(g) DEFINITIONS.—In this section: requirements of an core deployment of com- make grants to eligible States for the core ‘‘(1) COMMERCIAL VEHICLE INFORMATION SYS- mercial vehicle information systems and deployment of commercial vehicle informa- TEMS AND NETWORKS.—The term ‘commercial networks, improve safety and the production systems and networks. vehicle information systems and networks’ tivity of commercial vehicle operations, and ‘‘(2) ELIGIBILITY.—To be eligible for a core means the information systems and commu- enhance transportation security.’’. deployment grant under this section, a nications networks that provide the capa- (b) CONFORMING AMENDMENT.—The chapter State— bility to— analysis for chapter 311 is amended by in- ‘‘(A) shall have a commercial vehicle infor- ‘‘(A) improve the safety of commercial ve- serting after the item relating to section mation systems and networks program plan hicle operations; 31150 the following: and a system design approved by the Sec- ‘‘(B) increase the efficiency of regulatory ‘‘31151. Commercial vehicle information sys- retary; inspection processes to reduce administra- tems and networks’’. ‘‘(B) shall certify to the Secretary that its tive burdens by advancing technology to fa- SEC. 7122. OUTREACH AND EDUCATION. commercial vehicle information systems and cilitate inspections and increase the effec- (a) IN GENERAL.—The Secretary of Trans- networks deployment activities, including tiveness of enforcement efforts; portation, through the National Highway hardware procurement, software and system ‘‘(C) advance electronic processing of reg- Traffic Safety Administration and the Fed- development, and infrastructure modifica- istration information, driver licensing infor- eral Motor Carrier Safety Administration, tions, are consistent with the national intel- mation, fuel tax information, inspection and may undertake outreach and education ini- ligent transportation systems and commer- crash data, and other safety information; tiatives, including the ‘‘Share the Road Safe- cial vehicle information systems and net- ‘‘(D) enhance the safe passage of commer- ly’’ program, that will reduce the number of works architectures and available standards, cial vehicles across the United States and highway accidents, injuries, and fatalities and promote interoperability and efficiency across international borders; and involving commercial motor vehicles. to the extent practicable; and ‘‘(E) promote the communication of infor- (b) STUDY.—The Comptroller General shall ‘‘(C) shall agree to execute interoperability mation among the States and encourage update the Government Accountability Of- tests developed by the Federal Motor Carrier multistate cooperation and corridor develop- fice’s evaluation of the ‘‘Share the Road Safety Administration to verify that its sys- ment. Safely’’ program to determine if it has tems conform with the national intelligent ‘‘(2) COMMERCIAL VEHICLE OPERATIONS.—The achieved reductions in the number and sever- transportation systems architecture, appli- term ‘commercial vehicle operations’— ity of commercial motor vehicle crashes, in- cable standards, and protocols for commer- ‘‘(A) means motor carrier operations and cluding reductions in the number of deaths cial vehicle information systems and net- motor vehicle regulatory activities associ- and the severity of injuries sustained in works. ated with the commercial movement of these crashes, and shall report its updated ‘‘(3) AMOUNT OF GRANTS.—The maximum goods, including hazardous materials, and evaluation to Congress no later than June 30, aggregate amount a State may receive under passengers; and 2006.

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(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) provide a procedure for drivers to rem- shall publish in the Federal Register a notice There are authorized to be appropriated to edy incorrect information in a timely man- explaining the request that has been filed the Secretary for each of fiscal years 2006 ner. and shall give the public an opportunity to through 2009 to carry out this section— ‘‘(c) DESIGN.—To be eligible to have access inspect the safety analysis and any other rel- (1) $1,000,000 for the Federal Motor Carrier to information under subsection (a), a com- evant information known to the Secretary Safety Administration; and pany conducting pre-employment screening and to comment on the request. This sub- (2) $3,000,000 for the National Highway services for the motor carrier industry shall paragraph does not require the release of in- Traffic Safety Administration. utilize a screening process— formation protected by law from public dis- SEC. 7123. FOREIGN COMMERCIAL MOTOR VEHI- ‘‘(1) that is designed to assist the motor closure. CLES. carrier industry in assessing an individual (2) UPON GRANTING A REQUEST.—Upon (a) OPERATING AUTHORITY ENFORCEMENT driver’s crash and safety violation history as granting a request for exemption, the Sec- ASSISTANCE FOR STATES.—Within 180 days a pre-employment condition; retary shall publish in the Federal Register after the date of enactment of this Act, the ‘‘(2) the use of which is not mandatory; and the name of the motor carrier or other enti- Federal Motor Carrier Safety Administra- ‘‘(3) which is used only during the pre-em- ty granted the exemption, the provisions tion shall conduct outreach and provide ployment assessment of a driver-applicant.’’. from which the category or class of vehicles training as necessary to State personnel en- (b) CONFORMING AMENDMENT.—The chapter will be exempt, the effective period, and all gaged in the enforcement of Federal Motor analysis for chapter 311, as amended by sec- terms and conditions of the exemption. Carrier Safety Administration safety regulation 7121, is amended by inserting after the (3) AFTER DENYING A REQUEST.—After deny- tions to ensure their awareness of the proc- item relating to section 31151 the following: ing a request for exemption, the Secretary ess to be used for verification of the oper- ‘‘31152. Pre-employment safety screening.’’. shall publish in the Federal Register the ating authority of motor carriers, including SEC. 7125. CLASS OR CATEGORY EXEMPTIONS. name of the motor carrier or other entity de- buses, and to ensure proper enforcement (a) IN GENERAL.—The Secretary of Trans- nied the exemption, the category or class of when motor carriers are found to be in viola- portation may grant exemptions for cat- vehicles for which the exemption was re- tion of operating authority requirements. egories or classes of drivers of commercial quested, and the reasons for such denial. The The Inspector General of the Department of motor vehicles not required to hold a com- Secretary may meet the requirement of this Transportation may periodically assess the mercial driver’s license under section 31301(4) subparagraph by periodically publishing in implementation and effectiveness of the of title 49, United States Code, from compli- the Federal Register the names of motor car- training and outreach program. ance in whole or in part with a regulation riers or other entities denied exemptions, the (b) STUDY OF FOREIGN COMMERCIAL MOTOR issued under chapter 315 of title 49, United categories or classes of vehicles for which VEHICLES.— States Code, or with regulations issued the exemption was requested, and the rea- (1) REVIEW.—Within 1 year after the date of under section 31502 of that title governing sons for such denials. enactment of this Act, the Federal Motor hours of service if the Secretary determines (e) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary shall grant or Carrier Safety Administration shall conduct that it is in the public interest to grant the deny an exemption request after a thorough a review to determine the degree to which exemption and that the exemption is likely review of its safety implications, but in no Canadian and Mexican commercial motor ve- to achieve a level of safety that is equivalent case later than 90 days after the filing date hicles, including buses, currently operating to, or greater than, the level of safety that of such request. or expected to operate, in the United States would be obtained in the absence of the ex- (f) TERMS AND CONDITIONS.—The Secretary comply with the Federal Motor Vehicle Safe- emption subject to such conditions as the shall establish terms and conditions for each ty Standards. Secretary may impose. An exemption may exemption to ensure that it will likely (2) REPORTS.—Within 1 year after the date be granted for no longer than 2 years from achieve a level of safety that is equivalent of enactment of this Act, the Adminstrator its initial approval date and may be renewed to, or greater than, the level that would be shall transmit a report to the Senate Com- upon application to the Secretary. achieved absent such exemption. The Sec- mittee on Commerce, Science, and Transpor- (b) AUTHORITY TO REVOKE EXEMPTION.—The retary shall monitor the implementation of tation and the House of Representatives Secretary shall immediately revoke an ex- the exemption to ensure compliance with its Committee on Transportation and Infra- emption if— terms and conditions. structure containing the findings and con- (1) the exemption has resulted in a lower (g) NOTIFICATION OF STATE COMPLIANCE AND clusions of the review. Within 4 months after level of safety than was maintained before ENFORCEMENT PERSONNEL.—Before granting the report is transmitted to the Committees, the exemption was granted; or a request for exemption, the Secretary shall the Inspector General of the Department of (2) continuation of the exemption would notify State safety compliance and enforce- Transportation shall provide comments and not be consistent with the goals and objec- ment personnel, including roadside inspec- observations to the Committees on the scope tives of that chapter or section 31136, as the tors, and the public that a motor carrier or and methodology of the review. case may be. other entity will be operating pursuant to an SEC. 7124. PRE-EMPLOYMENT SAFETY SCREEN- (c) REQUESTS FOR EXEMPTION.— exemption and any terms and conditions ING. (1) INTERIM FINAL RULE.—Not later than 180 that will apply to the exemption. (a) IN GENERAL.—Subchapter III of chapter days after the date of enactment of this Act, (h) PREEMPTION OF STATE RULES.—During 311, as amended by section 7121, is amended the Secretary shall specify by interim final the time period that an exemption is in ef- by adding at the end the following: rule the procedures by which an exemption fect under this section, no State shall en- for a category or class of drivers may be re- force any law or regulation that conflicts ‘‘§ 31152. Pre-employment safety screening quested under this section. The rule shall, at with or is inconsistent with the exemption ‘‘(a) IN GENERAL.—The Secretary of Trans- a minimum, require the motor carrier or with respect to the category or class of vehi- portation shall provide companies con- other entity requesting the exemption to cles to which the exemption applies. ducting pre-employment screening services provide the following information: SEC. 7126. DECALS. for the motor carrier industry electronic ac- (A) The provisions from which the motor The Commercial Vehicle Safety Alliance cess to— carrier or other entity requests exemption. may not restrict the sale of any inspection ‘‘(1) commercial motor vehicle accident re- (B) The reason for which the exemption is decal to the Federal Motor Carrier Safety port information contained in the Motor requested. Administration unless the Administration Carrier Management Information System; (C) The time period during which the re- fails to meet its responsibilities under its and quested exemption would apply. memorandum of understanding with the Al- ‘‘(2) all driver safety violations contained (D) An analysis of the safety impacts the liance (other than a failure due to the Ad- in the Motor Carrier Management Informa- requested exemption may cause. ministration’s compliance with Federal law). tion System. (E) The specific countermeasures the SEC. 7127. ROADABILITY. ‘‘(b) ESTABLISHMENT.—Prior to making in- motor carrier or other entity will undertake (a) INSPECTION, REPAIR AND MAINTENANCE formation available to such companies under to ensure an equivalent or greater level of OF INTERMODAL EQUIPMENT.— subsection (a), the Secretary shall— safety than would be achieved absent the re- (1) IN GENERAL.—Not later than 1 year after ‘‘(1) ensure that any information released quested exemption. the date of enactment of this Act, the Sec- is done in accordance with the Fair Credit (F) The benefits to be derived from the ex- retary, after providing notice and oppor- Reporting Act (15 U.S.C. 1681 et seq.) and all emption. tunity for comment, shall issue regulations applicable Federal laws; (2) FINAL RULE.—Not later than 2 years establishing a program to ensure that inter- ‘‘(2) require the driver applicant’s written after the date of enactment of this Act, and modal equipment used to transport inter- consent as a condition of releasing the infor- after notice and an opportunity for com- modal containers is safe and systematically mation; ment, the Secretary shall promulgate a final maintained. ‘‘(3) ensure that the information made rule specifying the procedures by which an (2) INTERMODAL EQUIPMENT SAFETY REGULA- available to companies providing pre-em- exemption for a category or class of drivers TIONS.—The Secretary shall promulgate reg- ployment screening services is not released may be requested under this section. ulations under this section as a subpart of to any other unauthorized company or indi- (d) NOTICE AND COMMENT.— the regulations of the Federal Motor Carrier vidual, unless expressly authorized or re- (1) UPON RECEIPT OF A REQUEST.—Upon re- Safety Administration of the Department of quired by law; and ceipt of an exemption request, the Secretary Transportation.

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(3) CONTENTS.—The regulations issued (L) a requirement that any actual damage determination by the Secretary under sub- under this section shall include, at a min- or defect identified in the process established paragraph (A) may not take effect unless— imum— under subparagraph (K) be repaired before ‘‘(i) it is submitted to the Secretary before (A) a requirement to identify intermodal the equipment is made available for inter- the effective date of the amendment; and equipment providers responsible for the in- change to a motor carrier, and that repairs ‘‘(ii) the Secretary determines that the spection and maintenance of intermodal of equipment made pursuant to the require- amendment would not cause the State re- equipment that is interchanged or intended ments of this subparagraph and reports made quirement to be less effective than the Fed- for interchange to motor carriers in inter- pursuant to subparagraph (K) process be doc- eral requirement and would not unduly bur- modal transportation; umented in the maintenance records for such den interstate commerce. (B) a requirement to match intermodal equipment; and (2) CONFORMING AMENDMENT.—Section equipment readily to an intermodal equip- (M) a procedure under which motor car- 31141(c)(1) is amended by striking ‘‘The Sec- ment provider through a unique identifying riers, drivers and intermodal equipment pro- retary’’ the first place it appears and insert- number; viders may seek correction of their safety ing ‘‘Except as provided by subsection (h), (C) a requirement that an intermodal records through the deletion from those the Secretary’’. equipment provider identified under the re- records of violations of safety regulations at- (d) DEFINITIONS.—In this section: quirement of subparagraph (A) systemati- tributable to deficiencies in the intermodal (1) INTERMODAL EQUIPMENT.—The term cally inspect, repair, and maintain, or cause chassis or trailer for which they should not ‘‘intermodal equipment’’ means trailing to be systematically inspected, repaired, and have been held responsible. equipment that is used in the intermodal maintained, intermodal equipment described (4) DEADLINE FOR RULEMAKING PRO- transportation of freight over public high- in subparagraph (A) that is intended for CEEDING.—Within 120 days after the date of ways in interstate commerce (as defined in interchange with a motor carrier; enactment of this Act, the Secretary shall section 31132 of title 49, United States Code), (D) a requirement to ensure that each initiate a rulemaking proceeding for regula- including trailers and chassis. intermodal equipment provider identified tions under this section. (2) INTERMODAL EQUIPMENT INTERCHANGE (b) JURISDICTION OF DEPARTMENT OF TRANS- under the requirement of subparagraph (A) AGREEMENT.—The term ‘‘Intermodal equip- PORTATION.—Section 31136 is amended by maintains a system of maintenance and re- ment interchange agreement’’ means the adding at the end the following: pair records for such equipment; Uniform Intermodal Interchange and Facili- ‘‘(g) INSPECTION, REPAIR, AND MAINTENANCE (E) requirements that— ties Access Agreement or any other written OF INTERMODAL EQUIPMENT.—The Secretary (i) a specific list of intermodal equipment or an employee of the Department of Trans- document executed by an intermodal equip- components or items be identified for the portation designated by the Secretary may ment provider or its agent and a motor car- visual or audible inspection of which a driver inspect intermodal equipment, and copy re- rier or its agent, the primary purpose of is responsible before operating the equip- lated maintenance and repair records for which is to establish the responsibilities and ment over the road; and such equipment, on demand and display of liabilities of both parties with respect to the (ii) the inspection be conducted as part of proper credentials. interchange of the intermodal equipment. the Federal requirement in effect on the date ‘‘(h) OUT-OF-SERVICE UNTIL REPAIR.—Any (3) INTERMODAL EQUIPMENT PROVIDER.—The of enactment of this Act that a driver be sat- intermodal equipment that is determined term ‘‘intermodal equipment provider’’ isfied that the components are in good work- under this section to fail to comply with ap- means any person that interchanges inter- ing order before operating the equipment plicable safety regulations may be placed modal equipment with a motor carrier pur- over the road; out of service and may not be used on a pub- suant to a written interchange agreement or (F) a requirement that a facility at which lic highway until the repairs necessary to has a contractual responsibility for the an intermodal equipment provider regularly bring such equipment into compliance have maintenance of the intermodal equipment. makes equipment available for interchange been completed. Repairs of equipment taken (4) INTERCHANGE.—The term ‘‘inter- have an operational process and space read- out of service shall be documented in the change’’— ily available for a motor carrier to have an maintenance records for such equipment.’’. (A) means the act of providing intermodal equipment defect identified pursuant to sub- (c) PREEMPTION OF STATE LAWS.— equipment to a motor carrier pursuant to an paragraph (E) repaired or the equipment re- (1) IN GENERAL.—Section 31141 is amended Intermodal equipment interchange agree- placed prior to departure; by adding at the end the following: ment for the purpose of transporting the (G) a provision that establishes a program ‘‘(h) PREEMPTION GENERALLY.—Except as equipment for loading or unloading by any for the evaluation and audit of compliance otherwise authorized by law and as provided person or repositioning the equipment for by intermodal equipment providers with ap- in subsection (i), a law, regulation, order, or the benefit of the equipment provider; but plicable Federal Motor Carrier Safety Ad- other requirement of a State, a political sub- (B) does not include the leasing of equip- ministration regulations; division of a State, or a tribal organization, ment to a motor carrier for primary use in (H) a provision that— is preempted if such law, regulation, order, the motor carrier’s freight hauling oper- (i) establishes a civil penalty structure or other requirement exceeds or is incon- ations. consistent with section 521(b) of title 49, sistent with a requirement imposed under or SEC. 7128. MOTOR CARRIER REGULATIONS. United States Code, for intermodal equip- pursuant to this chapter. ment providers that fail to attain satisfac- ‘‘(i) PRE-EXISTING STATE REQUIREMENTS.— (a) IN GENERAL.—Section 31149, as amended tory compliance with applicable regulations; ‘‘(1) IN GENERAL.—Except as provided in by section 7108(d), is further amended— and paragraph (2), a State requirement for the (1) by striking paragraph (1) of subsection (ii) prohibits intermodal equipment pro- periodic inspection of intermodal chassis by (a) and inserting the following: viders from placing intermodal equipment in intermodal equipment providers that was in ‘‘(1) TRANSPORTATION OF AGRICULTURAL service on the public highways to the extent effect on January 1, 2005, shall remain in ef- COMMODITIES AND FARM SUPPLIES.—Regula- such providers or their equipment are found fect only until the date on which require- tions prescribed by the Secretary under sec- to pose an imminent hazard; ments prescribed under section 7127 of the tions 31136 and 31502 of this title regarding (I) a provision that establishes a process by Surface Transportation Safety Improvement maximum driving and on-duty time for driv- which motor carriers and agents of motor Act of 2005 take effect. ers used by motor carriers shall not apply carriers may request the Federal Motor Car- ‘‘(2) NON-PREEMPTION DETERMINATIONS.— during planting and harvest periods, as de- rier Safety Administration to undertake an ‘‘(A) IN GENERAL.—A State requirement determined by each State, to drivers trans- investigation of an intermodal equipment scribed in paragraph (1) is not preempted by porting agricultural commodities or farm provider identified under the requirement of a Federal requirement prescribed under sec- supplies for agricultural purposes in a State subparagraph (A) that is alleged to be not in tion 7127 of that Act if the Secretary deter- if such transportation is limited to an area compliance with the regulations established mines that the State requirement is as effec- within a 100 air mile radius from the source pursuant to this section; tive as the Federal requirement and does not of the commodities or the distribution point (J) a provision that establishes a process unduly burden interstate commerce. for the farm supplies.’’; by which equipment providers and agents of ‘‘(B) APPLICATION REQUIRED.—Subpara- (2) by adding at the end of subsection (e) equipment providers may request the Fed- graph (A) applies to a State requirement the following: eral Motor Carrier Safety Administration to only if the State applies to the Secretary for ‘‘(7) AGRICULTURAL COMMODITY.—The term undertake an investigation of a motor car- a determination under this paragraph with ‘agricultural commodity’ means any agricul- rier that is alleged to be not in compliance respect to the requirement before the date tural commodity, non-processed food, feed, with applicable Federal motor carrier safety on which requirements prescribed under sec- fiber, or livestock (including livestock as de- regulations; tion 7127 of that Act take effect. The Sec- fined in section 602 of the Emergency Live- (K) a provision that establishes a process retary shall make a determination with re- stock Feed Assistance Act of 1988 (7 U.S.C. by which drivers or motor carriers are respect to any such application within 6 1471) and insects). quired to report any actual damage or defect months after the date on which the Sec- ‘‘(8) FARM SUPPLIES FOR AGRICULTURAL PUR- in the intermodal equipment of which the retary receives the application. POSES.—The term ‘farm supplies for agricul- driver or motor carrier is aware at the time ‘‘(C) AMENDED STATE REQUIREMENTS.—Any tural purposes’ means products directly re- the intermodal equipment is returned to the amendment to a State requirement not pre- lated to the growing or harvesting of agricul- equipment provider; empted under this subsection because of a tural commodities during the planting and

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(a) PERSONS REGISTERED TO PROVIDE istration on the basis of whether the holder (b) REGULATIONS FOR MOVIE PRODUCTION TRANSPORTATION OR SERVICE AS A MOTOR would have been classified as a common car- SITES.—Notwithstanding sections 31136 and CARRIER OR MOTOR PRIVATE CARRIER.—Sec- rier or as a contract carrier under— 31502 of title 49, United States Code, and any tion 13905 is amended by— ‘‘(A) subsection (d) of this section, as that other provision of law, the maximum daily (1) redesignating subsections (b), (c), (d), section was in effect before the transition hours of service for an operator of a commer- and (e) as subsections (c), (d), (e), and (f), re- termination date; or cial motor vehicle providing transportation spectively; and ‘‘(B) any other provision of this title that of property or passengers to or from a theat- (2) inserting after subsection (a) the fol- was in effect before the transition termi- rical or television motion picture production lowing: nation date. ‘‘(b) PERSON REGISTERED WITH SEC- site located within a 100 air mile radius of ‘‘(3) TRANSITION TERMINATION DATE DE- RETARY.— the work reporting location of such operator FINED.—In subsection (d) and this subsection, shall be those in effect under the regulations ‘‘(1) IN GENERAL.—Except as provided in the term ‘transition termination date’ in effect under those sections on April 27, paragraph (2), any person having registered means the first day of January occurring 2003. with the Secretary to provide transportation more than 12 months after the date of enact- or service as a motor carrier or motor pri- (c) UTILITY SERVICE VEHICLES.—Section ment of the Unified Carrier Registration Act 31149(a)(4) (as so transferred) is amended to vate carrier under this title, as in effect on of 2005.’’. January 1, 2005, but not having registered read as follows: (d) CONFORMING AMENDMENTS.— pursuant to section 13902(a) of this title, ‘‘(4) OPERATORS OF UTILITY SERVICE VEHI- (1) CAPTION OF SECTION 13906.—The section shall be deemed, for purposes of this part, to CLES.— caption for section 13906 is amended by in- be registered to provide such transportation ‘‘(A) INAPPLICABILITY OF FEDERAL REGULA- serting ‘‘motor private carriers,’’ after or service for purposes of sections 13908 and TIONS.—Such regulations may not apply to a ‘‘motor carriers,’’. 14504a of this title. driver of a utility service vehicle. (2) CHAPTER ANALYSIS.—The chapter anal- ‘‘(2) EXCLUSIVELY INTRASTATE OPERATORS.— ‘‘(B) PROHIBITION ON STATE REGULATIONS.— ysis for chapter 139 is amended by striking Paragraph (1) does not apply to a motor car- A State, a political subdivision of a State, an the item relating to section 13906 and insert- rier or motor private carrier (including a interstate agency, or other entity consisting ing the following: transporter of waste or recyclable materials) of 2 or more States, shall not enact or en- ‘‘13906. Security of motor carriers, motor pri- engaged exclusively in intrastate transpor- force any law, rule, regulation, or standard vate carriers, brokers, and tation operations.’’. that imposes requirements on a driver of a freight forwarders.’’. (b) SECURITY REQUIREMENT.—Section utility service vehicle that are similar to the 13906(a) is amended by— SEC. 7134. UNIFIED CARRIER REGISTRATION SYS- requirements contained in such regula- (1) redesignating paragraphs (2) and (3) as TEM. tions.’’; paragraphs (3) and (4), respectively; and (a) Section 13908 is amended to read as fol- (2) by striking ‘‘Nothing’’ in subsection (b) (2) inserting the following: lows: and inserting ‘‘Except as provided in sub- ‘‘(2) SECURITY REQUIREMENT.—Not later ‘‘§ 13908. Registration and other reforms section (a)(4), nothing’’; and than 120 days after the date of enactment of ‘‘(a) ESTABLISHMENT OF UNIFIED CARRIER (3) by striking ‘‘paragraph (2)’’ in the first the Unified Carrier Registration Act of 2005, REGISTRATION SYSTEM.—The Secretary, in sentence of subsection (c) and inserting ‘‘an any person, other than a motor private car- cooperation with the States, representatives exemption under paragraph (1), (2), or (4)’’. rier, registered with the Secretary to provide of the motor carrier, motor private carrier, SEC. 7129. VEHICLE TOWING. transportation or service as a motor carrier freight forwarder and broker industries, and (a) STATE LAWS RELATING TO VEHICLE TOW- under section 13905(b) of this title shall file after notice and opportunity for public com- ING.—Section 14501(c) is amended by adding with the Secretary a bond, insurance policy, ment, shall issue within 1 year after the date at the end the following: or other type of security approved by the of enactment of the Unified Carrier Registra- ‘‘(5) RULE OF CONSTRUCTION.—Nothing in Secretary, in an amount not less than re- tion Act of 2005 regulations to establish, an this section shall be construed to prevent a quired by sections 31138 and 31139 of this online, Federal registration system to be State from requiring that, in the case of ve- title.’’. named the Unified Carrier Registration Sys- hicles towed from private property without (c) TERMINATION OF TRANSITION RULE.— tem to replace— the consent of the owner or operator of the Section 13902 is amended— ‘‘(1) the current Department of Transpor- vehicle, towing companies have prior written (1) by adding at the end of subsection (d) tation identification number system, the authorization from the property owner or the following: Single State Registration System under sec- lessee (or an employee or agent thereof), or ‘‘(3) TERMINATION.—This subsection shall tion 14504 of this title; that such owner or lessee (or an employee or cease to be in effect on the transition termi- ‘‘(2) the registration system contained in agent thereof) be present at the time the ve- nation date.’’; and this chapter and the financial responsibility hicle is towed from the property, or both.’’. (2) by redesignating subsection (f) as sub- information system under section 13906; and (b) PREDATORY TOW TRUCK OPERATIONS.— section (g), and inserting after subsection (e) ‘‘(3) the service of process agent systems Within 1 year after the date of enactment of the following: under sections 503 and 13304 of this title. this Act, the Secretary of Transportation, in ‘‘(f) MODIFICATION OF CARRIER REGISTRA- ‘‘(b) ROLE AS CLEARINGHOUSE AND DEPOSI- conjunction with other appropriate Federal TION.— TORY OF INFORMATION.—The Unified Carrier agencies, shall— ‘‘(1) IN GENERAL.—On and after the transi- Registration System shall serve as a clear- (1) conduct a review of Federal, State and tion termination date, the Secretary— inghouse and depository of information on, local regulation of the tow truck industry ‘‘(A) may not register a motor carrier and identification of, all foreign and domes- before the date of enactment of the ICC Ter- under this section as a motor common car- tic motor carriers, motor private carriers, mination Act of 1995; and rier or a motor contract carrier; brokers, and freight forwarders, and others (2) conduct a study to identify issues re- ‘‘(B) shall register applicants under this required to register with the Department, in- lated to the protection of the rights of con- section as motor carriers; and cluding information with respect to a car- sumers who are towed, to establish the scope ‘‘(C) shall issue any motor carrier reg- rier’s safety rating, compliance with re- and geographic reach of any such issues iden- istered under this section after that date a quired levels of financial responsibility, and tified, and to identify potential remedies for motor carrier certificate of registration that compliance with the provisions of section those issues. specifies whether the holder of the certifi- 14504a of this title. The Secretary shall en- CHAPTER 2—UNIFIED CARRIER cate may provide transportation of persons, sure that Federal agencies, States, rep- REGISTRATION household goods, other property, or any com- resentatives of the motor carrier industry, bination thereof. and the public have access to the Unified SEC. 7131. SHORT TITLE. ‘‘(2) PRE-EXISTING CERTIFICATES AND PER- Carrier Registration System, including the This chapter may be cited as the ‘‘Unified MITS.—The Secretary shall redesignate any records and information contained in the Carrier Registration Act of 2005’’. motor carrier certificate or permit issued be- System. SEC. 7132. RELATIONSHIP TO OTHER LAWS. fore the transition termination date as a ‘‘(c) PROCEDURES FOR CORRECTING INFORMA- Except as provided in section 14504 of title motor carrier certificate of registration. On TION.—Not later than 60 days after the effec- 49, United States Code, and sections 14504a and after the transition termination date, tive date of this section, the Secretary shall and 14506 of title 49, United States Code, as any person holding a motor carrier certifi- prescribe regulations establishing procedures added by this chapter, this chapter is not in- cate of registration redesignated under this that enable a motor carrier to correct erro- tended to prohibit any State or any political paragraph may provide both contract car- neous information contained in any part of subdivision of any State from enacting, im- riage (as defined in section 13102(4)(B) of this the Unified Carrier Registration System. posing, or enforcing any law or regulation title) and transportation under terms and ‘‘(d) FEE SYSTEM.—The Secretary shall es- with respect to a motor carrier, motor pri- conditions meeting the requirements of sec- tablish, under section 9701 of title 31, a fee vate carrier, broker, freight forwarder, or tion 13710(a)(1) of this title. The Secretary system for the Unified Carrier Registration leasing company that is not otherwise pro- may not, pursuant to any regulation or form System according to the following guide- hibited by law. issued before or after the transition termi- lines:

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‘‘(1) REGISTRATION AND FILING EVIDENCE OF ‘‘(A) IN GENERAL.—The term ‘Base-State’ reasonable burden upon interstate commerce FINANCIAL RESPONSIBILITY.—The fee for new means, with respect to the Unified Carrier for any State or any political subdivision of registrants shall as nearly as possible cover Registration Agreement, a State— a State, or any political authority of 2 or the costs of processing the registration and ‘‘(i) that is in compliance with the require- more States— conducting the safety audit or examination, ments of subsection (e); and ‘‘(1) to enact, impose, or enforce any re- if required, but shall not exceed $300. ‘‘(ii) in which the motor carrier, motor pri- quirement or standards, or levy any fee or vate carrier, broker, freight forwarder or ‘‘(2) EVIDENCE OF FINANCIAL RESPONSI- charge on any interstate motor carrier or leasing company maintains its principal BILITY.—The fee for filing evidence of finan- interstate motor private carrier in connec- place of business. cial responsibility pursuant to this section tion with— shall not exceed $10 per filing. No fee shall be ‘‘(B) DESIGNATION OF BASE-STATE.—A motor ‘‘(A) the registration with the State of the charged for a filing for purposes of desig- carrier, motor private carrier, broker, interstate operations of a motor carrier or nating an agent for service of process or the freight forwarder or leasing company may motor private carrier; filing of other information relating to finan- designate another State in which it main- ‘‘(B) the filing with the State of informa- cial responsibility. tains an office or operating facility as its tion relating to the financial responsibility ‘‘(3) ACCESS AND RETRIEVAL FEES.— Base-State in the event that— of a motor carrier or motor private carrier ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) the State in which the motor carrier, subparagraph (B), the fee system shall in- motor private carrier, broker, freight for- pursuant to sections 31138 or 31139 of this clude a nominal fee for the access to or re- warder or leasing company maintains its title; trieval of information from the Unified Car- principal place of business is not in compli- ‘‘(C) the filing with the State of the name rier Registration System to cover the costs ance with the requirements of subsection (e); of the local agent for service of process of a of operating and upgrading the System, in- or motor carrier or motor private carrier pursu- cluding the personnel costs incurred by the ‘‘(ii) the motor carrier, motor private car- ant to sections 503 or 13304 of this title; or Department and the costs of administration rier, broker, freight forwarder or leasing ‘‘(D) the annual renewal of the intrastate of the Unified Carrier Registration Agree- company does not have a principal place of authority, or the insurance filings, of a ment. business in the United States. motor carrier or motor private carrier, or ‘‘(B) EXCEPTIONS.—There shall be no fee ‘‘(3) INTRASTATE FEE.—The term ‘intrastate other intrastate filing requirement nec- charged— fee’ means any fee, tax, or other type of as- essary to operate within the State, if the ‘‘(i) to any agency of the Federal Govern- sessment, including per vehicle fees and motor carrier or motor private carrier is— ment or a State government or any political gross receipts taxes, imposed on a motor car- ‘‘(i) registered in compliance with section subdivision of any such government for the rier or motor private carrier for the renewal 13902 or section 13905(b) of this title; and access to or retrieval of information and of the intrastate authority or insurance fil- ‘‘(ii) in compliance with the laws and regu- data from the Unified Carrier Registration ings of such carrier with a State. lations of the State authorizing the carrier System for its own use; or ‘‘(4) LEASING COMPANY.—The term ‘leasing to operate in the State pursuant to section ‘‘(ii) to any representative of a motor car- company’ means a lessor that is engaged in 14501(c)(2)(A) of this title rier, motor private carrier, leasing company, the business of leasing or renting for com- except with respect to— pensation motor vehicles without drivers to broker, or freight forwarder (as each is de- ‘‘(I) intrastate service provided by motor a motor carrier, motor private carrier, or fined in section 14504a of this title) for the carriers of passengers that is not subject to freight forwarder. access to or retrieval of the individual infor- the preemptive provisions of section 14501(a) ‘‘(5) MOTOR CARRIER.—The term ‘motor car- mation related to such entity from the Uni- of this title, rier’ has the meaning given the term in sec- fied Carrier Registration System for the in- ‘‘(II) motor carriers of property, motor pri- dividual use of such entity. tion 13102(12) of this title, but shall include all carriers that are otherwise exempt from vate carriers, brokers, or freight forwarders, ‘‘(e) APPLICATION TO CERTAIN INTRASTATE the provisions of part B of this title pursuant or their services or operations, that are de- OPERATIONS.—Nothing in this section re- to the provisions of chapter 135 of this title scribed in subparagraphs (B) and (C) of sec- quires the registration of a motor carrier, a or exemption actions by the former Inter- tion 14501(c)(2) and section 14506(c)(3) or per- motor private carrier of property, or a trans- state Commerce Commission under this mitted pursuant to section 14506(b) of this porter of waste or recyclable materials oper- title. title, and ating exclusively in intrastate transpor- ‘‘(6) PARTICIPATING STATE.—The term ‘par- ‘‘(III) the intrastate transportation of tation not otherwise required to register ticipating state’ means a State that has waste or recyclable materials by any car- with the Secretary under another provision complied with the requirements of sub- rier); or of this title.’’. section (e) of this section. ‘‘(2) to require any interstate motor carrier SEC. 7135. REGISTRATION OF MOTOR CARRIERS ‘‘(7) SSRS.—The term ‘SSRS’ means the or motor private carrier to pay any fee or BY STATES. Single State Registration System in effect tax, not proscribed by paragraph (1)(D) of (a) TERMINATION OF REGISTRATION PROVI- on the date of enactment of the Unified Car- this subsection, that a motor carrier or SIONS.—Section 14504 is amended by adding rier Registration Act of 2005. motor private carrier that pays a fee which at the end the following: ‘‘(8) UNIFIED CARRIER REGISTRATION AGREE- is proscribed by that paragraph is not re- ‘‘(d) TERMINATION OF PROVISIONS.—Sub- MENT.—The terms ‘Unified Carrier Registra- quired to pay. sections (b) and (c) shall cease to be effective tion Agreement’ and ‘UCR Agreement’ mean ‘‘(d) UNIFIED CARRIER REGISTRATION on the first January 1st occurring more than the interstate agreement developed under PLAN.— 12 months after the date of enactment of the the Unified Carrier Registration Plan gov- ‘‘(1) BOARD OF DIRECTORS.— Unified Carrier Registration Act of 2005.’’. erning the collection and distribution of reg- ‘‘(A) GOVERNANCE OF PLAN.—The Unified (b) UNIFIED CARRIER REGISTRATION SYSTEM istration and financial responsibility infor- Carrier Registration Plan shall be governed PLAN AND AGREEMENT.—Chapter 145 is mation provided and fees paid by motor car- by a Board of Directors consisting of rep- amended by inserting after section 14504 the riers, motor private carriers, brokers, freight resentatives of the Department of Transpor- following: forwarders and leasing companies pursuant tation, Participating States, and the motor ‘‘§ 14504a. Unified carrier registration system to this section. carrier industry. ‘‘(9) UNIFIED CARRIER REGISTRATION PLAN.— plan and agreement ‘‘(B) NUMBER.—The Board shall consist of The terms ‘Unified Carrier Registration 15 directors. ‘‘(a) DEFINITIONS.—In this section and sec- Plan’ and ‘UCR Plan’ mean the organization tion 14506 of this title: ‘‘(C) COMPOSITION.—The Board shall be of State, Federal and industry representa- composed of directors appointed as follows: ‘‘(1) COMMERCIAL MOTOR VEHICLE.— tives responsible for developing, imple- ‘‘(i) FEDERAL MOTOR CARRIER SAFETY AD- ‘‘(A) IN GENERAL.—Except as provided in menting and administering the Unified Car- MINISTRATION.—The Secretary shall appoint 1 subparagraph (B), the term ‘commercial rier Registration Agreement. motor vehicle’ has the meaning given the director from each of the Federal Motor Car- ‘‘(10) VEHICLE REGISTRATION.—The term rier Safety Administration’s 4 Service Areas term in section 31101 of this title. ‘vehicle registration’ means the registration (as those areas were defined by the Federal ‘‘(B) EXCEPTION.—With respect to motor of any commercial motor vehicle under the Motor Carrier Safety Administration on Jan- carriers required to make any filing or pay International Registration Plan or any other uary 1, 2005), from among the chief adminis- any fee to a State with respect to the motor registration law or regulation of a jurisdic- trative officers of the State agencies respon- carrier’s authority or insurance related to tion. sible for overseeing the administration of the operation within such State, the term ‘com- ‘‘(b) APPLICABILITY OF PROVISIONS TO mercial motor vehicle’ means any self-pro- FREIGHT FORWARDERS.—A Freight forwarder UCR Agreement. pelled vehicle used on the highway in com- that operates commercial motor vehicles ‘‘(ii) STATE AGENCIES.—The Secretary shall merce to transport passengers or property and is not required to register as a carrier appoint 5 directors from the professional for compensation regardless of the gross ve- pursuant to section 13903(b) of this title shall staffs of State agencies responsible for over- hicle weight rating of the vehicle or the be subject to the provisions of this section as seeing the administration of the UCR Agree- number of passengers transported by such if a motor carrier. ment in their respective States. Nominees vehicle. ‘‘(c) UNREASONABLE BURDEN.—For purposes for these 5 directorships shall be submitted ‘‘(2) BASE-STATE.— of this section, it shall be considered an un- to the Secretary by the national association

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At least 1 of the ap- ‘‘(A) IN GENERAL.—The Board shall meet at tor; and pointees shall be an employee of the national least once per year. Additional meetings ‘‘(B) the harm was not caused by willful or trade association representing the general may be called, as needed, by the Chairperson criminal misconduct, gross negligence, reck- motor carrier of property industry. of the Board, a majority of the directors, or less misconduct, or a conscious, flagrant in- ‘‘(iv) DEPARTMENT OF TRANSPORTATION.— the Secretary. difference to the right or safety of the party The Secretary shall appoint the Deputy Ad- ‘‘(B) QUORUM.—A majority of directors harmed by the individual. ministrator of the Federal Motor Carrier shall constitute a quorum. ‘‘(9) INAPPLICABILITY OF FEDERAL ADVISORY Safety Administration, or such other presi- ‘‘(C) VOTING.—Approval of any matter be- COMMITTEE ACT.—The Federal Advisory Com- dential appointee from the United States De- fore the Board shall require the approval of mittee Act (5 U.S.C. App.) shall not apply to partment of Transportation, as the Sec- a majority of all directors present at the the Unified Carrier Registration Plan or its retary may designate, to serve as a director. meeting. committees. ‘‘(D) CHAIRPERSON AND VICE-CHAIRPERSON.— ‘‘(D) OPEN MEETINGS.—Meetings of the ‘‘(10) CERTAIN FEES NOT AFFECTED.—This The Secretary shall designate 1 director as Board and any subcommittees or task forces section does not limit the amount of money Chairperson and 1 director as Vice-Chair- appointed pursuant to paragraph (5) of this a State may charge for vehicle registration person of the Board. The Chairperson and section shall be subject to the provisions of or the amount of any fuel use tax a State Vice-Chairperson shall serve in such capac- section 552b of title 5. may impose pursuant to the International ity for the term of their appointment as di- ‘‘(5) SUBCOMMITTEES.— Fuel Tax Agreement. rectors. ‘‘(A) INDUSTRY ADVISORY SUBCOMMITTEE.— ‘‘(e) STATE PARTICIPATION.— ‘‘(E) TERM.—In appointing the initial The Chairperson shall appoint an Industry ‘‘(1) STATE PLAN.—No State shall be eligi- Board, the Secretary shall designate 5 of the Advisory Subcommittee. The Industry Advi- ble to participate in the Unified Carrier Reg- appointed directors for initial terms of 3 sory Subcommittee shall consider any mat- istration Plan or to receive any revenues de- years, 5 of the appointed directors for initial ter before the Board and make recommenda- rived under the Agreement, unless the State terms of 2 years, and 5 of the appointed di- tions to the Board. submits to the Secretary, not later than 3 rectors for initial terms of 1 year. There- ‘‘(B) OTHER SUBCOMMITTEES.—The Chair- years after the date of enactment of the Uni- after, all directors shall be appointed for person shall appoint an Audit Sub- fied Carrier Registration Act of 2005, a plan— terms of 3 years, except that the term of the committee, a Dispute Resolution Sub- ‘‘(A) identifying the State agency that has Deputy Administrator or other individual committee, and any additional subcommit- or will have the legal authority, resources, designated by the Secretary under subpara- tees and task forces that the Board deter- and qualified personnel necessary to admin- graph (C)(iv) shall be at the discretion of the mines to be necessary. ister the Unified Carrier Registration Agree- Secretary. A director may be appointed to ‘‘(C) MEMBERSHIP.—The chairperson of ment in accordance with the rules and regu- succeed himself or herself. A director may each subcommittee shall be a director. The lations promulgated by the Board of Direc- continue to serve on the Board until his or other members of subcommittees and task tors of the Unified Carrier Registration Plan; her successor is appointed. forces may be directors or non-directors. and ‘‘(2) RULES AND REGULATIONS GOVERNING ‘‘(D) REPRESENTATION ON SUBCOMMITTEES.— ‘‘(B) containing assurances that an amount THE UCR AGREEMENT.—The Board of Directors Except for the Industry Advisory Sub- at least equal to the revenue derived by the shall issue rules and regulations to govern committee (the membership of which shall State from the Unified Carrier Registration the UCR Agreement. The rules and regula- consist solely of representatives of entities Agreement shall be used for motor carrier tions shall— subject to the fee requirements of subsection safety programs, enforcement, and financial ‘‘(A) prescribe uniform forms and formats, (f) of this section), each subcommittee and responsibility, or the administration of the for— task force shall include representatives of UCR Plan and UCR Agreement. ‘‘(i) the annual submission of the informa- the Participating States and the motor car- ‘‘(2) AMENDED PLANS.—A State may change tion required by a Base-State of a motor carrier industry. the agency designated in the plan submitted rier, motor private carrier, leasing company, ‘‘(6) DELEGATION OF AUTHORITY.—The Board under this subsection by filing an amended broker, or freight forwarder; may contract with any private commercial plan with the Secretary and the Chairperson ‘‘(ii) the transmission of information by a or non-profit entity or any agency of a State of the Unified Carrier Registration Plan. Participating State to the Unified Carrier to perform administrative functions required ‘‘(3) WITHDRAWAL OF PLAN.—If a State with- Registration System; under the Unified Carrier Registration draws, or notifies the Secretary that it is ‘‘(iii) the payment of excess fees by a State Agreement, but may not delegate its deci- withdrawing, the plan submitted under this to the designated depository and the dis- sion or policy-making responsibilities. subsection, then the State may no longer tribution of fees by the depository to those ‘‘(7) DETERMINATION OF FEES.— participate in the Unified Carrier Registra- States so entitled; and ‘‘(A) RECOMMENDATION BY BOARD.—The tion Agreement or receive any portion of the ‘‘(iv) the providing of notice by a motor Board shall recommend to the Secretary the revenues derived under the Agreement. The carrier, motor private carrier, broker, initial annual fees to be assessed carriers, Secretary shall notify the Chairperson upon freight forwarder, or leasing company to the leasing companies, brokers, and freight for- receiving notice from a State that it is with- Board of the intent of such entity to change warders pursuant to the Unified Carrier Reg- drawing its plan or withdrawing from the its Base-State, and the procedures for a istration Agreement. In making its rec- Agreement. State to object to such a change under sub- ommendation to the Secretary for the level ‘‘(4) TERMINATION OF ELIGIBILITY.—If a paragraph (C) of this paragraph; of fees to be assessed in any Agreement year, State fails to submit a plan to the Secretary ‘‘(B) provide for the administration of the and in setting the fee level, the Board and as required by paragraph (1) or withdraws its Unified Carrier Registration Agreement, in- the Secretary shall consider— plan under paragraph (3), the State shall be cluding procedures for amending the Agree- ‘‘(i) the administrative costs associated prohibited from subsequently submitting or ment and obtaining clarification of any pro- with the Unified Carrier Registration Plan resubmitting a plan or participating in the vision of the Agreement; and the Agreement; Agreement. ‘‘(C) provide procedures for dispute resolu- ‘‘(ii) whether the revenues generated in the ‘‘(5) PROVISION OF PLAN TO CHAIRPERSON.— tion that provide due process for all involved previous year and any surplus or shortage The Secretary shall provide a copy of each parties; and from that or prior years enable the Partici- plan submitted under this subsection to the ‘‘(D) designate a depository. pating States to achieve the revenue levels initial Chairperson of the Board of Directors ‘‘(3) COMPENSATION AND EXPENSES.—Except set by the Board; and of the Unified Carrier Registration Plan not for the representative of the Department of ‘‘(iii) the parameters for fees set forth in later than 90 days of appointing the Chair- Transportation appointed pursuant to para- subsection (f)(1). person. graph (1)(D), no director shall receive any ‘‘(B) SETTING FEES.—The Secretary shall ‘‘(f) CONTENTS OF UNIFIED CARRIER REG- compensation or other benefits from the set the initial annual fees for the next Agree- ISTRATION AGREEMENT.—The Unified Carrier Federal Government for serving on the ment year and any subsequent adjustment of Registration Agreement shall provide the Board or be considered a Federal employee those fees— following: as a result of such service. All Directors ‘‘(i) within 90 days after receiving the ‘‘(1) DETERMINATION OF FEES.— shall be reimbursed for expenses they incur Board’s recommendation under subparagraph ‘‘(A) Fees charged motor carriers, motor attending duly called meetings of the Board. (A); and private carriers, or freight forwarders in con- In addition, the Board may approve the re- ‘‘(ii) after notice and opportunity for pub- nection with the filing of proof of financial imbursement of expenses incurred by mem- lic comment. responsibility under the UCR Agreement bers of any subcommittee or task force ap- ‘‘(8) LIABILITY PROTECTIONS FOR DIREC- shall be based on the number of commercial pointed pursuant to paragraph (5). The reim- TORS.—No individual appointed to serve on motor vehicles owned or operated by the bursement of expenses to directors and sub- the Board shall be liable to any other direc- motor carrier, motor private carrier, or

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Brokers and leasing com- continues to comply with the provisions of State laws and regulations on any motor panies shall pay the same fees as the small- subsection (e). carrier, motor private carrier, freight forest bracket of motor carriers, motor private ‘‘(3) States that comply with the require- warder, broker, or leasing company for fail- carriers, and freight forwarders. ments of subsection (e) of this section but ure to— ‘‘(B) The fees shall be determined by the did not participate in SSRS during the last ‘‘(i) submit documents as required under Secretary based upon the recommendation of SSRS registration year ending before the subsection (d)(2); or the Board under subsection (d)(7). date of enactment of the Unified Carrier ‘‘(ii) pay the fees required under subsection ‘‘(C) The Board shall develop no more than Registration Act of 2005 shall be entitled to (f); or 6 and no less than 4 brackets of carriers by an annual allotment not to exceed $500,000 ‘‘(B) authorizes a State to require a motor size of fleet. from the UCR Agreement revenues generated carrier, motor private carrier, or freight for- ‘‘(D) The fee scale shall be progressive and under the Agreement as long as the State warder to display as evidence of compliance use different vehicle ratios for each bracket continues to comply with the provisions of any form of identification in excess of those of carrier fleet size. subsection (e). permitted under section 14506 of this title on ‘‘(E) The Board may ask the Secretary to ‘‘(4) The amount of UCR Agreement reve- or in a commercial motor vehicle. adjust the fees within a reasonable range on nues to which a State is entitled under this ‘‘(j) APPLICATION TO INTRASTATE CAR- an annual basis if the revenues derived from section shall be calculated by the Board and RIERS.—Notwithstanding any other provision the fees— approved by the Secretary. of this section, a State may elect to apply ‘‘(i) are insufficient to provide the reve- ‘‘(h) DISTRIBUTION OF UCR AGREEMENT the provisions of the UCR Agreement to nues to which the States are entitled under REVENUES.— motor carriers and motor private carriers this section; or ‘‘(1) ELIGIBILITY.—Each State that is in subject to its jurisdiction that operate solely ‘‘(ii) exceed those revenues. compliance with the provisions of subsection in intrastate commerce within the borders of ‘‘(2) DETERMINATION OF OWNERSHIP OR OPER- (e) shall be entitled to a portion of the reve- the State.’’. ATION.—Commercial motor vehicles owned or nues derived from the UCR Agreement in ac- (c) CONFORMING AMENDMENT.—The chapter operated by a motor carrier, motor private cordance with subsection (g). analysis for chapter 145 is amended by in- carrier, or freight forwarder shall mean ‘‘(2) ENTITLEMENT TO REVENUES.—A State serting after the item relating to section those commercial motor vehicles registered that is in compliance with the provisions of 14504 the following: in the name of the motor carrier, motor pri- subsection (e) may retain an amount of the ‘‘14504a. Unified carrier registration system vate carrier, or freight forwarder or con- gross revenues it collects from motor car- plan and agreement’’. trolled by the motor carrier, motor private riers, motor private carriers, brokers, freight carrier, or freight forwarder under a long forwarders and leasing companies under the SEC. 7136. IDENTIFICATION OF VEHICLES. term lease during a vehicle registration UCR Agreement equivalent to the portion of (a) IN GENERAL.—Chapter 145 is amended year. revenues to which the State is entitled under by adding at the end the following: ‘‘(3) CALCULATION OF NUMBER OF COMMER- subsection (g). All revenues a Participating ‘‘§ 14506. Identification of vehicles CIAL MOTOR VEHICLES OWNED OR OPERATED.— State collects in excess of the amount to ‘‘(a) RESTRICTION ON REQUIREMENTS.—No The number of commercial motor vehicles which the State is so entitled shall be for- State, political subdivision of a State, inter- owned or operated by a motor carrier, motor warded to the depository designated by the state agency, or other political agency of 2 private carrier, or freight forwarder for pur- Board under subsection (d)(2)(D). or more States may enact or enforce any poses of paragraph (1) of this subsection shall ‘‘(3) DISTRIBUTION OF FUNDS FROM DEPOSI- law, rule, regulation standard, or other pro- be based either on the number of commercial TORY.—The excess funds collected in the de- vision having the force and effect of law that motor vehicles the motor carrier, motor pri- pository shall be distributed as follows: requires a motor carrier, motor private car- vate carrier, or freight forwarder has indi- ‘‘(A) Excess funds shall be distributed on a rier, freight forwarder, or leasing company cated it operates on its most recently filed pro rata basis to each Participating State to display any form of identification on or in MCS–150 or the total number of such vehicles that did not collect revenues under the UCR a commercial motor vehicle, other than it owned or operated for the 12-month period Agreement equivalent to the amount such forms of identification required by the Sec- ending on June 30 of the year immediately State is entitled under subsection (g), except retary of Transportation under section 390.21 prior to the each registration year of the that the sum of the gross UCR Agreement of title 49, Code of Federal Regulations. Unified Carrier Registration System. Com- revenues collected by a Participating State ‘‘(b) EXCEPTION.—Notwithstanding para- mercial motor vehicles used exclusively in and the amount distributed to it from the graph (a), a State may continue to require the intrastate transportation of property, depository shall not exceed the amount to display of credentials that are required— waste, or recyclable material may not be in- which the State is entitled under subsection ‘‘(1) under the International Registration cluded in determining the number of com- (g). Plan under section 31704 of this title; mercial motor vehicles owned or operated by ‘‘(B) Any excess funds held by the deposi- ‘‘(2) under the International Fuel Tax a motor carrier or motor private carrier for tory after all distributions under subpara- Agreement under section 31705 of this title; purposes of paragraph (1) of this subsection. graph (A) have been made shall be used to ‘‘(3) in connection with Federal require- ‘‘(4) PAYMENT OF FEES.—Motor carriers, pay the administrative costs of the UCR ments for hazardous materials transpor- motor private carriers, leasing companies, Plan and the UCR Agreement. tation under section 5103 of this title; or brokers, and freight forwarders shall pay all ‘‘(C) Any excess funds held by the deposi- ‘‘(4) in connection with the Federal vehicle fees required under this section to their tory after distributions and payments under inspection standards under section 31136 of Base-State pursuant to the UCR Agreement. subparagraphs (A) and (B) shall be retained this title.’’. ‘‘(g) PAYMENT OF FEES.—Revenues derived in the depository, and the UCR Agreement (b) CONFORMING AMENDMENT.—The chapter under the UCR Agreement shall be allocated fees for motor carriers, motor private car- analysis for chapter 145 is amended by in- to Participating States as follows: riers, leasing companies, freight forwarders, serting after the item relating to section ‘‘(1) A State that participated in the Single and brokers for the next fee year shall be re- 14505 the following: State Registration System in the last SSRS duced by the Secretary accordingly. ‘‘14506. Identification of vehicles’’. registration year ending before the date of ‘‘(i) ENFORCEMENT.— enactment of the Unified Carrier Registra- ‘‘(1) CIVIL ACTIONS.—Upon request by the SEC. 7137. USE OF UCR AGREEMENT REVENUES tion Act of 2005 and complies with the re- Secretary of Transportation, the Attorney AS MATCHING FUNDS. quirements of subsection (e) of this section is General may bring a civil action in a court Section 31103(a) is amended by inserting entitled to receive a portion of the UCR of competent jurisdiction to enforce compli- ‘‘Amounts generated by the Unified Carrier Agreement revenues generated under the ance with this section and with the terms of Registration Agreement, under section Agreement equivalent to the revenues it re- the Unified Carrier Registration Agreement. 14504a of this title and received by a State ceived under the SSRS in the last SSRS reg- ‘‘(2) VENUE.—An action under this section and used for motor carrier safety purposes istration year ending before the date of en- may be brought only in the Federal court may be included as part of the State’s share actment of the Unified Carrier Registration sitting in the State in which an order is re- not provided by the United States.’’ after Act of 2005, as long as the State continues to quired to enforce such compliance. ‘‘United States Government.’’. comply with the provisions of subsection (e). ‘‘(3) RELIEF.—Subject to section 1341 of SEC. 7138. FACILITATION OF INTERNATIONAL ‘‘(2) A State that collected intrastate reg- title 28, the court, on a proper showing— REGISTRATION PLANS AND INTER- istration fees from interstate motor carriers, ‘‘(A) shall issue a temporary restraining NATIONAL FUEL TAX AGREEMENTS. interstate motor private carriers, or inter- order or a preliminary or permanent injunc- (a) IN GENERAL.—Chapter 317 is amended state exempt carriers and complies with the tion; and by adding at the end the following: requirements of subsection (e) of this section ‘‘(B) may issue an injunction requiring ‘‘§ 31708. Facilitation of international reg- is entitled to receive an additional portion of that the State or any person comply with istration plans and international fuel tax the UCR Agreement revenues generated this section. agreements under the Agreement equivalent to the reve- ‘‘(4) ENFORCEMENT BY STATES.—Nothing in ‘‘The Secretary may provide assistance to nues it received from such interstate carriers this section— any State that is participating in the Inter- in the last calendar year ending before the ‘‘(A) prohibits a Participating State from national Registration Plan and International date of enactment of the Unified Carrier issuing citations and imposing reasonable Fuel Tax Agreement, as provided in sections Registration Act of 2005, as long as the State fines and penalties pursuant to applicable 31704 and 31705, respectively, and that serves

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4763 as a base jurisdiction for motor carriers that CHAPTER 3—COMMERCIAL DRIVER’S program, providing the State is making a are domiciled in Mexico, to assist the State LICENSES good faith effort toward substantial compli- with administrative costs resulting from SEC. 7151. CDL TASK FORCE. ance with the requirements of section 31311 serving as a base jurisdiction for motor car- and this section. The Secretary shall estab- (a) IN GENERAL.—The Secretary of Trans- riers from Mexico.’’. portation shall convene a task force to study lish criteria for the distribution of grants (b) CONFORMING AMENDMENT.—The analysis and address current impediments and fore- and notify the States annually of such cri- for chapter 317 of title 49, United States seeable challenges to the commercial driv- teria. ‘‘(b) CONDITIONS.—Except as otherwise pro- Code, is amended by adding at the end the er’s license program’s effectiveness and vided in subsection (e), a State may use a following: measures needed to realize the full safety po- grant under this section only for expenses re- ‘‘31708. Facilitation of international registra- tential of the commercial driver’s license lated to its commercial driver’s license pro- tion plans and international program. The task force shall address such gram, including, but not limited to, com- fuel tax agreements.’’. issues as State enforcement practices, oper- puter hardware and software, publications, ational procedures to detect and deter fraud, SEC. 7139. IDENTITY AUTHENTICATION STAND- testing, personnel, training, and quality con- ARDS. needed improvements for seamless informa- trol. The grant may not be used to rent, (a) IN GENERAL.—Subchapter I of chapter 1 of tion sharing between States, effective meth- lease, or buy land or buildings. The Sec- title 23, United States Code (as amended by ods for accurately sharing electronic data retary shall give priority to grants that will section 1824(a)), is amended by adding at the between States, adequate proof of citizen- be used to achieve compliance with the re- end the following: ship, updated technology, and timely notifi- quirements of the Motor Carrier Safety Im- cation from judicial bodies concerning traf- ‘‘§ 179. Identity authentication standards provement Act of 1999. The Secretary may fic and criminal convictions of commercial ‘‘(a) DEFINITION OF INFORMATION-BASED allocate the funds appropriated for such driver’s license holders. IDENTITY AUTHENTICATION.—In this section, grants in a fiscal year among the eligible (b) MEMBERSHIP.—Members of the task the term ‘information-based identity au- States whose applications for grants have force should include State motor vehicle ad- thentication’ means the determination of been approved, under criteria established by ministrators, organizations representing the identity of an individual, through the the Secretary. government agencies or officials, members of comparison of information provided by a per- ‘‘(c) MAINTENANCE OF EXPENDITURES.—Ex- the Judicial Conference, representatives of son, with other information pertaining to cept as otherwise provided in subsection (e), the trucking industry, representatives of that individual with a system using scoring the Secretary may make a grant to a State labor organizations, safety advocates, and models and algorithms. under this section only if the State agrees other significant stakeholders. ‘‘(b) STANDARDS.—Not later than 180 days that the total expenditure of amounts of the (c) REPORT.—Within 2 years after the date after the date of enactment of this section, State and political subdivisions of the State, of enactment of this Act, the Secretary, on the Secretary, in consultation with the Sec- exclusive of United States Government behalf of the task force, shall complete a re- retary of Homeland Security and the Federal amounts, for the operation of the commer- port of the task force’s findings and rec- Motor Carrier Safety Administration, shall cial driver’s license program will be main- ommendations for legislative, regulatory, promulgate regulations establishing min- tained at a level at least equal to the aver- and enforcement changes to improve the imum standards for State departments of age level of that expenditure by the State commercial driver’s license program. The motor vehicles regarding the use of informa- and political subdivisions of the State for Secretary shall promptly transmit the re- tion-based identity authentication to deter- the last 2 fiscal years before October 1, 2005. port to the Senate Committee on Commerce, mine the identity of an applicant for a com- ‘‘(d) GOVERNMENT SHARE.—Except as other- Science, and Transportation and the House mercial driver’s license, or the renewal, wise provided in subsection (e), the Sec- of Representatives Committee on Transpor- transfer or upgrading, of a commercial driv- retary shall reimburse a State, from a grant tation and Infrastructure. er’s license. made under this section, an amount that is (d) FUNDING.—From the funds authorized ‘‘(c) MINIMUM STANDARDS.—The regulations not more than 80 percent of the costs in- by section 7103(b)(3) of this subtitle, $200,000 shall, at a minimum, require State depart- curred by the State in a fiscal year in imple- shall be made available for each of fiscal ments of motor vehicles to implement, and menting the commercial driver’s license im- years 2006 and 2007 to carry out this section. applicants for commercial driver’s licenses, provements described in subsection (b). In (or the renewal, transfer, or upgrading of SEC. 7152. CDL LEARNER’S PERMIT PROGRAM. determining those costs, the Secretary shall commercial driver’s licenses), to comply Chapter 313 is amended— include in-kind contributions by the State. with, reasonable procedures for operating an (1) by striking ‘‘time.’’ in section 31302 and ‘‘(e) HIGH-PRIORITY ACTIVITIES.— information-based identity authentication inserting ‘‘license, and may have only 1 ‘‘(1) The Secretary may make a grant to a program before issuing, renewing, transfer- learner’s permit at any time.’’; State agency, local government, or organiza- ring, or upgrading a commercial driver’s li- (2) by inserting ‘‘and learners’ permits’’ tion representing government agencies or of- cense. after ‘‘licenses’’ the first place it appears in ficials for the full cost of research, develop- ‘‘(d) KEY FACTORS.—In promulgating regu- section 31308; ment, demonstration projects, public edu- lations under this section, the Secretary (3) by striking ‘‘licenses.’’ in section 31308 cation, or other special activities and shall require that an information-based iden- and inserting ‘‘licenses and permits.’’; projects relating to commercial driver li- tity authentication program carried out (4) by redesignating paragraphs (2) and (3) censing and motor vehicle safety that are of under this section establish processes that— of section 31308 as paragraphs (3) and (4), re- benefit to all jurisdictions or designed to ad- ‘‘(1) use multiple sources of matching in- spectively, and inserting after paragraph (1) dress national safety concerns and cir- formation; the following: cumstances. ‘‘(2) enable the measurement of the accu- ‘‘(2) before a commercial driver’s license ‘‘(2) The Secretary may designate up to 10 racy of the determination of an applicant’s learner’s permit can be issued to an indi- percent of the amounts made available under identity; vidual, the individual must pass a written section 7103(b)(3) of the Motor Carrier Safety ‘‘(3) support continuous auditing of compli- test on the operation of a commercial motor Reauthorization Act of 2005 in a fiscal year ance with applicable laws, policies, and prac- vehicle that complies with the minimum for high-priority activities under subsection tices governing the collection, use, and dis- standards prescribed by the Secretary under (e)(1). tribution of information in the operation of section 31305(a) of this title;’’; ‘‘(f) EMERGING ISSUES.—The Secretary may the program; and (5) by inserting ‘‘or learner’s permit’’ after designate up to 10 percent of the amounts ‘‘(4) incorporate industry best practices to ‘‘license’’ each place it appears in paragraphs made available under section 7103(b)(3) of the protect significant privacy interests in the (3) and (4), as redesignated, of section 31308; Motor Carrier Safety Reauthorization Act of information used in the program and the ap- and 2005 in a fiscal year for allocation to a State propriate safeguarding of the storage of the (6) by inserting ‘‘or learner’s permit’’ after agency, local government, or other person at information.’’. ‘‘license’’ each place it appears in section the discretion of the Secretary to address emerging issues relating to commercial driv- (b) CONFORMING AMENDMENT.—The analysis 31309(b). for subchapter I of chapter I of title 23, SEC. 7153. GRANTS TO STATES FOR COMMERCIAL er’s license improvements. ‘‘(g) APPORTIONMENT.—Except as otherwise United States Code (as amended by section DRIVER’S LICENSE IMPROVEMENTS. provided in subsections (e) and (f), all 1824(b)), is amended by adding at the end the (a) IN GENERAL.—Chapter 313 is amended amounts available in a fiscal year to carry following: by adding at the end the following: out this section shall be apportioned to ‘‘179. Identity authentication standards.’’. ‘‘§ 31318. Grants for commercial driver’s li- States according to a formula prescribed by SEC. 7140. OFF-DUTY TIME FOR DRIVERS OF COM- cense program improvements the Secretary. MERCIAL VEHICLES. ‘‘(a) GENERAL AUTHORITY.—From the funds ‘‘(h) DEDUCTION FOR ADMINISTRATIVE EX- Paragraph (2) of section 31149(a), as trans- authorized by section 7103(b)(3) of the Motor PENSES.—On October 1 of each fiscal year or ferred by section 7108, is amended by adding Carrier Safety Reauthorization Act of 2005, as soon after that date as practicable, the at the end the following: ‘‘No additional off- the Secretary may make a grant to a State, Secretary may deduct, from amounts made duty time for a driver of such a vehicle shall except as otherwise provided in subsection available under section 7103(b)(3) of the be required in order for the driver to operate (e), in a fiscal year to improve its implemen- Motor Carrier Safety Reauthorization Act of the vehicle.’’. tation of the commercial driver’s license 2005 for that fiscal year, up to 0.75 percent of

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4764 CONGRESSIONAL RECORD — SENATE May 9, 2005 those amounts for administrative expenses (1) an assessment of the validity of data in ization Act of 2005, $17,868,000 for fiscal year incurred in carrying out this section in that the information system on a State-by-State 2006, $18,150,000 for fiscal year 2007, $18,837,000 fiscal year.’’. basis; for fiscal year 2008, and $19,350,000 for fiscal (b) CLERICAL AMENDMENT.—The chapter (2) an assessment of the extent to which year 2009. analysis for chapter 313 is amended by in- convictions are validly posted on a driver’s (b) PROHIBITION ON OTHER USES.—Except as serting the following after the item relating record; otherwise provided in this chapter, the to section 31317: (3) recommendations to the Secretary of amounts allocated from the Highway Trust ‘‘31318. Grants for commercial driver’s li- Transportation on how to update the base- Fund for programs provided for in chapter 4 cense program improvements.’’. line audit annually to ensure that any short- of title 23, United States Code, shall only be SEC. 7154. MODERNIZATION OF CDL INFORMA- comings in the information system are ad- used for such programs and may not be used TION SYSTEM. dressed, and a methodology for conducting by States or local governments for construc- (a) INFORMATION SYSTEM MODERNIZATION the update; and tion purposes. ACCOUNT.—Section 31309 of title 49, United (4) identification, on a State-by-State (c) PROPORTIONAL INCREASES.—For each fis- States Code, is amended— basis, of any actions that the Inspector Gen- cal year from 2006 through 2009, if revenue to (1) by striking ‘‘The Secretary’’ in the last eral finds necessary to improve the integrity the Highway Trust Fund increases above the sentence and inserting ‘‘Except as provided of data collected by the system and to ensure amounts for each such fiscal year assumed in in subsection (e), the Secretary’’; and the proper posting of convictions. the fiscal year 2006 joint budget resolution, (2) by adding at the end the following: Subtitle B—Highway and Vehicular Safety then the amounts made available in such ‘‘(e) INFORMATION SYSTEM MODERNIZATION year for the programs in sections 402, 403, SEC. 7201. SHORT TITLE. ACCOUNT.— 405, and 410 shall increase by the same per- This subtitle may be cited as the ‘‘High- ‘‘(1) ESTABLISHMENT.—The Secretary of centage. If revenue to the Highway Trust way and Vehicular Safety Reauthorization Transportation shall establish an account to Fund for a fiscal year is lower than the Act of 2005’’. be known as the Information System Mod- amounts for such fiscal year assumed in the ernization Account within the Department CHAPTER 1—HIGHWAY SAFETY GRANT fiscal year 2006 joint budget resolution, then of Transportation. PROGRAM the amounts authorized to be made available ‘‘(2) CREDITS.—Fees collected for any fiscal SEC. 7211. SHORT TITLE. in such year for those programs shall not de- year beginning after fiscal year 2006 under This chapter may be cited as the ‘‘Highway crease. subsection (d) by the Secretary of Transpor- Safety Grant Program Reauthorization Act SEC. 7213. HIGHWAY SAFETY PROGRAMS. tation, or an organization that represents of 2005’’. the interests of the States, in excess of the (a) PROGRAMS TO BE INCLUDED.— SEC. 7212. AUTHORIZATION OF APPROPRIATIONS. costs of operating the information system in (1) MOTOR VEHICLE AIRBAGS PUBLIC AWARE- that fiscal year shall be and credited to the (a) AMOUNTS FOR FISCAL YEARS 2006 NESS.—Section 402(a)(2) is amended by strik- Information System Modernization Account. THROUGH 2009.—There are authorized to be ap- ing ‘‘vehicles and to increase public aware- propriated from the Highway Trust Fund ness of the benefit of motor vehicles ‘‘(3) USE OF FUNDS.—Amounts credited to the Information System Modernization Ac- (other than the Mass Transit Account) to the equipped with airbags’’ and inserting ‘‘vehi- count shall be available exclusively for the Secretary of Transportation for the National cles,’’. purpose of modernizing the information sys- Highway Traffic Safety Administration the (2) AGRESSIVE DRIVING.—Section 402(a) is tem under subsection (f). At the end of fiscal following: further amended— year 2008, the Inspector General of the De- (1) To carry out the Highway Safety Pro- (A) by redesignating clause (6) as clause partment of Transportation shall complete grams under section 402 of title 23, United (8); an assessment of whether the fees collected States Code, $209,217,985 in fiscal year 2006, (B) by inserting after ‘‘involving school in excess of the costs of operating the infor- $210,224,035 in fiscal year 2007, $221,906,185 in buses,’’ at the end of clause (5) the following: mation system are property credited to the fiscal year 2008, and $226,969,685 in fiscal year ‘‘(6) to reduce aggressive driving and to edu- Information System Modernization Ac- 2009. cate drivers about defensive driving, (7) to count.’’. (2) To carry out the Highway Safety Re- reduce accidents resulting from fatigued and (b) MODERNIZATION PLAN.—Section 31309 of search and Outreach Programs under section distracted drivers, including distractions title 49, United States Code, is further 403 of title 23, United States Code, $141,852,000 arising from the use of electronic devices in amended by adding at the end the following: in fiscal year 2006, $142,323,000 in fiscal year vehicles,’’; and ‘‘(f) MODERNIZATION PLAN.— 2007, $141,560,000 in fiscal year 2008, and (C) by inserting ‘‘aggressive driving, dis- ‘‘(1) IN GENERAL.—The Secretary shall de- $141,952,000 in fiscal year 2009. tracted driving,’’ after ‘‘school bus acci- velop a comprehensive plan for moderniza- (3) To carry out the Occupant Protection dents,’’. tion of the information system that— Programs under section 405 of title 23, (3) ADMINISTRATION OF STATE PROGRAMS.— ‘‘(A) complies with applicable Federal in- United States Code, $149,667,110 in fiscal year Section 402(b)(1) is amended— formation technology security standards; 2006, $149,787,000 in fiscal year 2007, (A) by striking ‘‘and’’ after the semicolon ‘‘(B) provides for the electronic exchange $149,509,185 in fiscal year 2008, and $149,006,000 in subparagraph (C); of all information including the posting of in fiscal year 2009. (B) by striking ‘‘State.’’ in subparagraph convictions; (4) To carry out the Demonstration Pro- (D) and inserting ‘‘State; and’’; and ‘‘(C) contains self auditing features to en- grams related to older drivers, law enforce- (C) by adding at the end the following: sure that data is being posted correctly and ment, and motorcycle training under section ‘‘(E) provide satisfactory assurances that consistently by the States; 406 of title 23, United States Code, $7,400,000 the State will implement activities in sup- ‘‘(D) integrates the commercial driver’s li- in each of fiscal years 2006 through 2009. port of national highway safety priorities cense and the medical certificate; and (5) To carry out the Emergency Medical and performance goals, including— ‘‘(E) provides a schedule for modernization Services Program under section 407A of title ‘‘(i) mobilizations, including high visibility of the system. 23, United States Code, $5,000,000 in each of enforcement and paid media, in support of ‘‘(2) COMPETITIVE CONTRACTING.—The Sec- fiscal years 2006 through 2009. efforts to improve occupant protection and retary may use non-Federal entities selected (6) To carry out the Impaired Driving Pro- reduce impaired driving; by an open, merit-based, competitive process gram under section 410 of title 23, United ‘‘(ii) sustained enforcement of statutes ad- to develop and implement the modernization States Code, $115,721,000 in fiscal year 2006, dressing impaired driving, occupant protec- plan. $129,065,000 in fiscal year 2007, $134,819,000 in tion, and driving in excess of posted speed ‘‘(3) STATE PARTICIPATION.— fiscal year 2008, and $147,615,000 in fiscal year limits; ‘‘(A) DEADLINE.—The Secretary shall estab- 2009. ‘‘(iii) an annual statewide safety belt use lish a date by which each State must convert (7) To carry out the State Traffic Safety survey in accordance with criteria estab- to the new information system. Information System Improvements under lished by the Secretary for the measurement ‘‘(B) FUNDING.—A State may use funds section 412 of title 23, United States Code, of State safety belt use rates to ensure that made available under section 31318 of this $45,000,000 in each of fiscal years 2006 through the measurements are accurate and rep- title to develop or modify its system to be 2009. resentative; compatible with the modernized information (8) To carry out chapter 303 of title 49, ‘‘(iv) development of statewide data sys- system developed by the Secretary under United States Code, $4,000,000 for each of fis- tems to provide timely and effective data this subsection.’’. cal years 2006 through 2009, to be available analysis to support allocation of highway (c) BASELINE AUDIT.—Within 1 year after for obligation in the same manner as if such safety resources; the date of enactment of this Act, the Sec- funds were apportioned under chapter 1 of ‘‘(v) effective efforts to adopt Model Min- retary of Transportation, in consultation title 23, United States Code. imum Uniform Crash Criteria and National with the Inspector General of the Depart- (9) To pay administrative and related oper- Emergency Medical System Information ment of Transportation, shall perform a ating expenses under section 402, section 405, System data elements; and baseline audit of the information system section 406, section 407A, section 410, section ‘‘(vi) safety priority programs identified by maintained under section 31309 of title 49, 412, section 413, and section 414 of title 23, the Secretary based on national data trends United States Code. The audit shall in- United States Code, and section 223 of the unless a State can demonstrate with data clude— Highway Safety Grant Program Reauthor- that any such safety priority program is not

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4765 a matter of significant concern in its juris- poses specified in paragraph (2) in each of highway safety organizations to determine diction. years 2006 through 2009. the safety of highway toll collection facili- (b) APPORTIONMENT.— ‘‘(2) PURPOSE.—The purpose of each law en- ties for the toll collectors who work in and (1) TRIBAL GOVERNMENT PROGRAMS.—Sec- forcement campaign is to achieve either or around such facilities and to develop best tion 402(c) is amended— both of the following objectives: practices that would be of benefit to State (A) by striking the second sentence; and ‘‘(A) Reduce alcohol-impaired or drug-im- and local highway safety organizations. The (B) by striking ‘‘three-fourths of 1 percent’’ paired operation of motor vehicles. study shall consider— and inserting ‘‘2 percent’’. ‘‘(B) Increase use of seat belts by occu- (i) any problems resulting from design or (c) LAW ENFORCEMENT CHASE TRAINING.— pants of motor vehicles. construction of facilities that contribute to Section 402 is amended by adding at the end ‘‘(3) ADVERTISING.—The Administrator may the occurrence of vehicle collisions with the the following: use, or authorize the use of, funds available facilities; ‘‘(l) LIMITATION RELATING TO LAW ENFORCE- under this section to pay for the develop- (ii) the safety of crosswalks used by toll MENT VEHICULAR PURSUIT TRAINING.—No ment, production, and use of broadcast and collectors in transit to and from toll booths; State may receive any funds available for print media advertising in carrying out traf- (iii) the extent of the enforcement of speed fiscal years after fiscal year 2007 for pro- fic safety law enforcement campaigns under limits at and in the vicinity of toll facilities; grams under this chapter until the State this subsection. Consideration shall be given (iv) the use of warning devices, such as vi- submits to the Secretary a written state- to advertising directed at non-English speak- bration and rumble strips, to alert drivers ment that the State actively encourages all ing populations, including those who listen, approaching toll facilities; relevant law enforcement agencies in that read, or watch nontraditional media. (v) the use of cameras to record traffic vio- State to follow the guidelines established for ‘‘(4) COORDINATION WITH STATES.—The Ad- lations in the vicinity of toll facilities; vehicular pursuits issued by the Inter- ministrator shall coordinate with the States (vi) the use of traffic control arms in the national Association of Chiefs of Police that in carrying out the traffic safety law en- vicinity of toll facilities; are in effect on the date of enactment of the forcement campaigns under this subsection, (vii) law enforcement practices and juris- Highway Safety Grant Program Reauthor- including advertising funded under para- dictional issues that affect safety at and in ization Act of 2005, or as revised and in effect graph (3), with a view to— the vicinity of toll facilities; and after that date as determined by the Sec- ‘‘(A) relying on States to provide the law (viii) data (which shall be collected in con- retary. enforcement resources for the campaigns out ducting the research) regarding the inci- ‘‘(m) CONSOLIDATION OF GRANT APPLICA- of funding available under this section and dence of accidents and injuries at and around TIONS.—The Secretary shall establish an ap- sections 402, 405, and 410 of this title; and toll booth facilities. proval process by which a State may apply ‘‘(B) providing out of National Highway (2) TIME FOR COMPLETION OF STUDIES.—The for all grants included under this chapter Traffic Safety Administration resources studies conducted in subparagraphs (A), (B), through a single application with a single most of the means necessary for national ad- and (C) of paragraph (1) may be conducted in annual deadline. The Bureau of Indian Af- vertising and education efforts associated concert with other Federal departments and fairs shall establish a similarly simplified with the law enforcement campaigns. agencies with relevant expertise. The Sec- process for applications from Indian tribes.’’. ‘‘(5) ANNUAL EVALUATION.—The Secretary retary shall submit an annual report to the SEC. 7214. HIGHWAY SAFETY RESEARCH AND shall conduct an annual evaluation of the ef- Senate Committee on Commerce, Science, OUTREACH PROGRAMS. fectiveness of such initiatives. and Transportation and the House of Rep- (a) REVISED AUTHORITY AND REQUIRE- ‘‘(6) FUNDING.—The Secretary shall use resentatives Committee on Transportation MENTS.—Section 403 is amended to read as $24,000,000 in each of fiscal years 2006 through and Infrastructure on the progress of each follows: 2009 for advertising and educational initia- study conducted under this subsection. tives to be carried out nationwide in support (3) REPORTS.—Not later than 2 years after ‘‘§ 403. Highway safety research and develop- of the campaigns under this section. the date of enactment of this Act, the Sec- ment ‘‘(c) INTERNATIONAL COOPERATION.— retary shall submit a report on the studies to ‘‘(a) AUTHORITY OF THE SECRETARY.—The ‘‘(1) AUTHORITY.—The Administrator of the the Senate Committee on Commerce, Secretary is authorized to use funds appro- National Highway Traffic Safety Adminis- Science, and Transportation and the House priated to carry out this section to— tration may participate and cooperate in of Representatives Committee on Transpor- ‘‘(1) conduct research on all phases of high- international activities to enhance highway tation and Infrastructure. way safety and traffic conditions, including safety. (4) RESEARCH ON DISTRACTED, INATTENTIVE, accident causation, highway or driver char- ‘‘(2) AMOUNT FOR PROGRAM.—Of the amount AND FATIGUED DRIVERS.—In conducting re- acteristics, communications, and emergency available for a fiscal year to carry out this search under section 403(a)(3) of title 23, care; section, $200,000 may be used for activities United States Code, the Secretary shall ‘‘(2) conduct ongoing research into driver authorized under paragraph (1).’’. carry out not less than 2 demonstration behavior and its effect on traffic safety; (b) SPECIFIC RESEARCH PROGRAMS.— projects to evaluate new and innovative ‘‘(3) conduct research on, launch initiatives (1) REQUIRED PROGRAMS.—The Secretary means of combating traffic system problems to counter, and conduct demonstration shall conduct research under section 403 of caused by distracted, inattentive, or fatigued projects on fatigued driving by drivers of title 23, United States Code, on the fol- drivers. The demonstration projects shall be motor vehicles and distracted driving in such lowing: in addition to any other research carried out vehicles, including the effect that the use of (A) EFFECTS OF USE OF CONTROLLED SUB- under this subsection. electronic devices and other factors deemed STANCES.—A study on the effects of the use (5) PEDESTRIAN SAFETY.— relevant by the Secretary have on driving; of controlled substances on driver behavior (A) IN GENERAL.—The Secretary of Trans- ‘‘(4) conduct training or education pro- to determine— portation shall— grams in cooperation with other Federal de- (i) methodologies for measuring driver im- (i) produce a comprehensive report on pe- partments and agencies, States, private sec- pairment resulting from use of the most destrian safety that builds on the current tor persons, highway safety personnel, and common controlled substances (including level of knowledge of pedestrian safety coun- law enforcement personnel; the use of such substances in combination termeasures by identifying the most effec- ‘‘(5) conduct research on, and evaluate the with alcohol); and tive advanced technology and intelligent effectiveness of, traffic safety counter- (ii) effective and efficient methods for transportation systems, such as automated measures, including seat belts and impaired training law enforcement personnel to detect pedestrian detection and warning systems driving initiatives; or measure the level of impairment of a driv- (infrastructure-based and vehicle-based), ‘‘(6) conduct research on, evaluate, and deer who is under the influence of a controlled road design, and vehicle structural design velop best practices related to driver edu- substance by the use of technology or other- that could potentially mitigate the crash cation programs, including driver education wise. forces on pedestrians in the event of a crash; curricula, instructor training and certifi- The Secretary may develop model State leg- and cation, program administration and delivery islation based on research conducted under (ii) include in the report recommendations mechanisms, and make recommendations for this subparagraph. on how new technological developments harmonizing driver education and multi- (B) ON-SCENE MOTOR VEHICLE COLLISION CAU- could be incorporated into educational and stage graduated licensing systems; SATION.—A nationally representative study enforcement efforts and how they could be ‘‘(7) conduct research, training, and edu- to collect on-scene motor vehicle collision integrated into national design guidelines cation programs related to older drivers; and data, and to determine crash causation, for developed by the American Association of ‘‘(8) conduct demonstration projects. which the Secretary shall enter into a con- State Highway and Transportation Officials. ‘‘(b) NATIONWIDE TRAFFIC SAFETY CAM- tract with the National Academy of Sciences (B) DUE DATE.—The Secretary shall com- PAIGNS.— to conduct a review of the research, design, plete the report not less than 2 years after ‘‘(1) REQUIREMENT FOR CAMPAIGNS.—The methodology, and implementation of the the date of enactment of this Act and trans- Administrator of the National Highway Traf- study. mit a copy of the report to the Senate Com- fic Safety Administration shall establish and (C) TOLL FACILITIES WORKPLACE SAFETY.—A mittee on Commerce, Science, and Transpor- administer a program under which at least 2 study on the safety of highway toll collec- tation and the House of Representatives high-visibility traffic safety law enforcement tion facilities, including toll booths, con- Committee on Transportation and Infra- campaigns will be carried out for the pur- ducted in cooperation with State and local structure.

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(6) STUDY ON REFUSAL OF INTOXICATION ‘‘(4) SHORTFALL.—If the total amount of shall ensure that at least $1,000,000,000 of TESTING.— grants provided for by this subsection for a amounts received by States under this sec- (A) REQUIREMENT FOR STUDY.—In addition fiscal year exceeds the amount of funds tion are obligated or expended for safety ac- to studies under section 403 of title 23, available for such grants for that fiscal year, tivities under this chapter. United States Code, the Secretary of Trans- then the Secretary shall make grants under ‘‘(3) SUPPORT ACTIVITY.—The Secretary or portation shall carry out a study of the fre- this subsection to States in the order in his designee may engage in activities with quency with which persons arrested for the which— States and State legislators to consider pro- offense of operating a motor vehicle under ‘‘(A) the primary safety belt use law came posals related to safety belt use laws. the influence of alcohol and persons arrested into effect; or ‘‘(f) CARRY-FORWARD OF EXCESS FUNDS.—If for the offense of operating a motor vehicle ‘‘(B) the State’s safety belt use rate was 90 the amount available for grants under this while intoxicated refuse to take a test to de- percent or more for 2 consecutive calendar section for any fiscal year exceeds the sum of termine blood alcohol concentration levels years (as measured by criteria determined by the grants made under this section for that and the effect such refusals have on the abil- the Secretary), fiscal year, the excess amount and ity of States to prosecute such persons for whichever first occurs. obligational authority shall be carried for- those offenses. ‘‘(5) CATCH-UP GRANTS.—The Secretary ward and made available for grants under (B) CONSULTATION.—In carrying out the shall make a grant to any State eligible for this section in the succeeding fiscal year. ‘‘(g) FEDERAL SHARE.—The Federal share study under this paragraph, the Secretary a grant under this subsection that did not re- payable for grants under this subsection is shall consult with the Governors of the ceive a grant for a fiscal year because of the 100 percent. States, the States’ Attorneys General, and application of paragraph (4), in the next fis- ‘‘(h) PASSENGER MOTOR VEHICLE DEFINED.— the United States Sentencing Commission. cal year if the State’s primary safety belt In this section, the term ‘passenger motor (C) REPORT.— use law remains in effect or its safety belt vehicle’ means— (i) REQUIREMENT FOR REPORT.—Not later use rate is 90 percent or more for the 2 con- ‘‘(1) a passenger car, than 1 year after the date of the enactment secutive calendar years preceding such next ‘‘(2) a pickup truck, of this Act, the Secretary shall submit a re- fiscal year (subject to paragraph (4)). ‘‘(3) a van, minivan, or sport utility vehi- port on the results of the study to the Senate ‘‘(c) GRANTS FOR PRE-2003 LAWS.—To the ex- cle, Committee on Commerce, Science, and tent that amounts made available for any of with a gross vehicle weight rating of less Transportation and the House of Representa- fiscal years 2006 through 2009 exceed the than 10,000 pounds.’’. tives Committee on Transportation and In- total amounts to be awarded under sub- (b) CONFORMING AMENDMENT.—The chapter frastructure. section (b) for the fiscal year, including analysis for chapter 4 is amended by striking (ii) CONTENT.—The report shall include any amounts to be awarded for catch-up grants the item relating to section 405 and inserting recommendation for legislation, including under subsection (b)(5), the Secretary shall the following: any recommended model State legislation, make a single grant to each State that en- ‘‘405. Safety belt performance grants’’. acted, has in effect, and is enforcing a pri- and any other recommendations that the SEC. 7217. OLDER DRIVER SAFETY; LAW EN- Secretary considers appropriate for imple- mary safety belt use law for all passenger FORCEMENT TRAINING. menting a program designed to decrease the motor vehicles that was in effect before Jan- (a) IN GENERAL.—Section 406 is amended to occurrence refusals by arrested persons to uary 1, 2003. The amount of a grant available read as follows: to a State under this subsection shall be submit to a test to determine blood alcohol ‘‘§ 406. Older driver safety; law enforcement concentration levels. equal to 250 percent of the amount of funds apportioned to the State under section 402(c) training SEC. 7215. NATIONAL HIGHWAY SAFETY ADVI- ‘‘(a) IMPROVING OLDER DRIVER SAFETY.— SORY COMMITTEE TECHNICAL COR- of this title for fiscal year 2003. The Sec- ‘‘(1) IN GENERAL.—Of the funds made avail- RECTION. retary may award the grant in up to 4 in- able under this section, the Secretary shall Section 404(d) is amended by striking stallments over a period of 4 fiscal years be- allocate $2,000,000 in each of fiscal years 2006 ‘‘Commerce’’ and inserting ‘‘Transpor- ginning with fiscal year 2006. through 2009 to conduct a comprehensive re- tation’’. ‘‘(d) ALLOCATION OF UNUSED GRANT FUNDS.—The Secretary shall make addi- search and demonstration program to im- SEC. 7216. OCCUPANT PROTECTION GRANTS. tional grants under this section of any prove traffic safety pertaining to older driv- (a) IN GENERAL.—Section 405 is amended to amounts available for grants under this sec- ers. The program shall— read as follows: tion that, on July 1, 2009, are neither obli- ‘‘(A) provide information and guidelines to ‘‘§ 405. Safety belt performance grants gated nor expended. The additional grants assist physicians and other related medical ‘‘(a) IN GENERAL.—The Secretary of Trans- made under this subsection shall be allo- personnel, families, licensing agencies, en- portation shall make grants to States in ac- cated among all States that, as of that date, forcement officers, and various public and cordance with the provisions of this section have enacted, have in effect, and are enforc- transit agencies in enhancing the safety of to encourage the enactment and enforcement ing primary safety belt laws for all passenger older drivers; of laws requiring the use of safety belts in motor vehicles. The allocations shall be ‘‘(B) improve the scientific basis of medical passenger motor vehicles. made in accordance with the formula for ap- standards and screenings strategies used in ‘‘(b) GRANTS FOR ENACTING PRIMARY SAFE- portioning funds among the States under the licensing of all drivers in a non-discrimi- TY BELT USE LAWS.— section 402(c) of this title. natory manner; ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(e) USE OF GRANT FUNDS.— ‘‘(C) conduct field tests to assess the safety make a single grant to each State that ei- ‘‘(1) IN GENERAL.—Subject to paragraph (2), benefits and mobility impacts of different ther— a State may use a grant under this section driver licensing strategies and driver assess- ‘‘(A) enacts for the first time after Decem- for any safety purpose under this title or for ment and rehabilitation methods; ber 31, 2002, and has in effect and is enforcing any project that corrects or improves a haz- ‘‘(D) assess the value and improve the safe- a conforming primary safety belt use law for ardous roadway location or feature or ty potential of driver retraining courses of all passenger motor vehicles; or proactively addresses highway safety prob- particular benefit to older drivers; and ‘‘(B) in the case of a State that does not lems, including— ‘‘(E) conduct other activities to accom- have such a primary safety belt use law, has ‘‘(A) intersection improvements; plish the objectives of this section. a State safety belt use rate for each of the 2 ‘‘(B) pavement and shoulder widening; ‘‘(2) FORMULATION OF PLAN.—After con- calendar years immediately preceding the ‘‘(C) installation of rumble strips and other sultation with affected parties, the Sec- fiscal year of a grant of 90 percent or more, warning devices; retary shall formulate an older driver traffic as measured under criteria determined by ‘‘(D) improving skid resistance; safety plan to guide the design and imple- the Secretary. ‘‘(E) improvements for pedestrian or bicy- mentation of this program. The plan shall be ‘‘(2) AMOUNT.—The amount of a grant clist safety; submitted to the House of Representatives available to a State in fiscal year 2006 or in ‘‘(F) railway-highway crossing safety; Committee on Transportation and Infra- a subsequent fiscal year under paragraph (1) ‘‘(G) traffic calming; structure and the Senate Committee on of this subsection is equal to 500 percent of ‘‘(H) the elimination of roadside obstacles; Commerce, Science, and Transportation the amount apportioned to the State for fis- ‘‘(I) improving highway signage and pave- within 1 year after the date of enactment of cal year 2003 under section 402(c) of this title. ment marking; the Highway Safety Grant Program Reau- ‘‘(3) JULY 1 CUT-OFF.—For the purpose of ‘‘(J) installing priority control systems for thorization Act of 2005. determining the eligibility of a State for a emergency vehicles at signalized intersec- ‘‘(b) LAW ENFORCEMENT TRAINING.— grant under paragraph (1)(A), a primary safe- tions; ‘‘(1) REQUIREMENT FOR PROGRAM.—The Ad- ty belt use law enacted after June 30th of ‘‘(K) installing traffic control or warning ministrator of the National Highway Traffic any year shall— devices at locations with high accident po- Safety Administration shall carry out a pro- ‘‘(A) not be considered to have been en- tential; gram to train law enforcement personnel of acted in the Federal fiscal year in which that ‘‘(L) safety-conscious planning; and each State and political subdivision thereof June 30th falls; but ‘‘(M) improving crash data collection and in police chase techniques that are con- ‘‘(B) be considered as if it were enacted analysis. sistent with the police chase guidelines after the beginning of the next Federal fiscal ‘‘(2) SAFETY ACTIVITY REQUIREMENT.—Not- issued by the International Association of year. withstanding paragraph (1), the Secretary Chiefs of Police.

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‘‘(2) AMOUNT FOR PROGRAM.—Of the amount ‘‘(D) To identify ways to streamline the shall be used to aid the States in conducting available for a fiscal year to carry out this process through which Federal agencies sup- coordinated emergency medical services and section, $200,000 shall be available for car- port State, local, tribal or regional emer- 9–1–1 programs as described in paragraph (2). rying out this subsection.’’. gency medical services. ‘‘(B) APPORTIONMENT.— (b) CONFORMING AMENDMENT.—The chapter ‘‘(E) To assist State, local, tribal or re- ‘‘(i) APPORTIONMENT FORMULA.—The funds analysis for chapter 4 is amended by striking gional emergency medical services in setting shall be apportioned as follows: 75 percent in the item relating to section 406 and inserting priorities based on identified needs. the ratio that the population of each State the following: ‘‘(F) To advise, consult, and make rec- bears to the total population of all the ommendations on matters relating to the ‘‘406. Older driver safety; law enforcement States, as shown by the latest available Fed- implementation of the coordinated State training’’. eral census, and 25 percent in the ratio that emergency medical services programs. the public road mileage in each State bears SEC. 7218. EMERGENCY MEDICAL SERVICES. ‘‘(4) ADMINISTRATION.—The Administrator to the total public road mileage in all (a) FEDERAL COORDINATION AND ENHANCED of the National Highway Traffic Safety Ad- States. For the purpose of this subparagraph, SUPPORT OF EMERGENCY MEDICAL SERVICES.— ministration, in cooperation with the Direc- a ‘public road’ means any road under the ju- Chapter 4 is amended by inserting after sector, Preparedness Division, Emergency Pre- risdiction of and maintained by a public au- tion 407 the following: paredness and Response Directorate, Depart- thority and open to public travel. Public ‘‘§ 407A. Federal coordination and enhanced ment of Homeland Security, shall provide road mileage as used in this subsection shall support of emergency medical services administrative support to the Interagency be determined as of the end of the calendar Committee, including scheduling meetings, ‘‘(a) FEDERAL INTERAGENCY COMMITTEE ON year prior to the year in which the funds are setting agendas, keeping minutes and EMERGENCY MEDICAL SERVICES.— apportioned and shall be certified by the records, and producing reports. ‘‘(1) ESTABLISHMENT.—The Secretary of Governor of the State and subject to ap- ‘‘(5) LEADERSHIP.—The members of the Transportation and the Secretary of Home- proval by the Secretary. Interagency Committee shall select a chair- land Security, through the Under Secretary ‘‘(ii) MINIMUM APPORTIONMENT.—The an- person of the Committee annually. for Emergency Preparedness and Response, nual apportionment to each State shall not ‘‘(6) MEETINGS.—The Interagency Com- be less than 1⁄2 of 1 percent of the total ap- shall establish a Federal Interagency Com- mittee shall meet as frequently as is deter- mittee on Emergency Medical Services. In portionment, except that the apportionment mined necessary by the chairperson of the to the Secretary of the Interior on behalf of establishing the Interagency Committee, the Committee. Secretary of Transportation and the Sec- Indian tribes shall not be less than 3⁄4 of 1 ‘‘(7) ANNUAL REPORTS.—The Interagency retary of Homeland Security through the percent of the total apportionment, and the Committee shall prepare an annual report to apportionments to the Virgin Islands, Guam, Under Secretary for Emergency Prepared- Congress on the Committee’s activities, ac- ness and Response shall consult with the American Samoa, and the Commonwealth of tions, and recommendations. the Northern Mariana Islands shall not be Secretary of Health and Human Services. ‘‘(b) COORDINATED NATIONWIDE EMERGENCY less than 1⁄4 of 1 percent of the total appor- ‘‘(2) MEMBERSHIP.—The Interagency Com- MEDICAL SERVICES PROGRAM.— tionment. mittee shall consist of the following offi- ‘‘(1) PROGRAM REQUIREMENT.—The Sec- ‘‘(5) APPLICABILITY OF CHAPTER 1.—Section cials, or their designees: retary of Transportation, acting through the 402(d) of this title shall apply in the adminis- ‘‘(A) The Administrator, National Highway Administrator of the National Highway Traf- Traffic Safety Administration. fic Safety Administration, shall coordinate tration of this subsection. ‘‘(B) The Director, Preparedness Division, with officials of other Federal departments ‘‘(6) FEDERAL SHARE.—The Federal share of Emergency Preparedness and Response Di- and agencies, and may assist State and local the cost of a project or program funded rectorate, Department of Homeland Secu- governments and emergency medical serv- under this subsection shall be 80 percent. rity. ices organizations (whether or not a fire- ‘‘(7) APPLICATION IN INDIAN COUNTRY.— ‘‘(C) The Administrator, Health Resources fighter organization), private industry, and ‘‘(A) USE OF TERMS.—For the purpose of ap- and Services Administration, Department of other interested parties, to ensure the devel- plication of this subsection in Indian coun- Health and Human Services. opment and implementation of a coordinated try, the terms ‘State’ and ‘Governor of the ‘‘(D) The Director, Centers for Disease Con- nationwide emergency medical services pro- State’ include the Secretary of the Interior trol and Prevention, Department of Health gram that is designed to strengthen trans- and the term ‘political subdivisions of the and Human Services. portation safety and public health and to im- State’ includes an Indian tribe. ‘‘(E) The Administrator, United States plement improved emergency medical serv- ‘‘(B) INDIAN COUNTRY DEFINED.—In this sub- Fire Administration, Emergency Prepared- ices communication systems, including 9–1–1. section, the term ‘Indian country’ means— ness and Response Directorate, Department ‘‘(2) COORDINATED STATE EMERGENCY MED- ‘‘(i) all land within the limits of any Indian of Homeland Security. ICAL SERVICES PROGRAM.—Each State shall reservation under the jurisdiction of the ‘‘(F) The Director, Center for Medicare and establish a program, to be approved by the United States, notwithstanding the issuance Medicaid Services, Department of Health Secretary, to coordinate the emergency med- of any patent and including rights-of-way and Human Services. ical services and resources deployed through- running through the reservation; ‘‘(G) The Undersecretary of Defense for out the State, so as to ensure— ‘‘(ii) all dependent Indian communities Personnel and Readiness. ‘‘(A) improved emergency medical services within the borders of the United States, ‘‘(H) The Director, Indian Health Service, communication systems, including 9–1–1; whether within the original or subsequently Department of Health and Human Services. ‘‘(B) utilization of established best prac- acquired territory thereof and whether with- ‘‘(I) The Chief, Wireless Telecom Bureau, tices in system design and operations; in or without the limits of a State; and Federal Communications Commission. ‘‘(C) implementation of quality assurance ‘‘(iii) all Indian allotments, the Indian ti- ‘‘(J) A representative of any other Federal programs; and tles to which have not been extinguished, in- agency identified by the Secretary of Trans- ‘‘(D) incorporation of data collection and cluding rights-of-way running through such portation or the Secretary of Homeland Se- analysis programs that facilitate system de- allotments. curity through the Under Secretary for velopment and data linkages with other sys- ‘‘(c) STATE DEFINED.—In this section, the Emergency Preparedness and Response, in tems and programs useful to emergency med- term ‘State’ means each of the 50 States, the consultation with the Secretary of Health ical services. District of Columbia, Puerto Rico, the Vir- and Human Services, as having a significant ‘‘(3) ADMINISTRATION OF STATE PROGRAMS.— gin Islands, Guam, American Samoa, the role in relation to the purposes of the Inter- The Secretary may not approve a coordi- Commonwealth of the Northern Mariana Is- agency Committee. nated State emergency medical services pro- lands, and the Secretary of the Interior on ‘‘(K) A State Emergency Medical Services gram under this subsection unless the pro- behalf of Indian tribes. Director. gram— ‘‘(d) CONSTRUCTION WITH RESPECT TO DIS- ‘‘(3) PURPOSES.—The purposes of the Inter- ‘‘(A) provides that the Governor of the TRICT OF COLUMBIA.—In the administration agency Committee are as follows: State is responsible for its administration of this section with respect to the District of ‘‘(A) To ensure coordination among the through a State office of emergency medical Columbia, a reference in this section to the Federal agencies involved with State, local, services that has adequate powers and is Governor of a State shall refer to the Mayor tribal, or regional emergency medical serv- suitably equipped and organized to carry out of the District of Columbia.’’. ices and 9–1–1 systems. such program and coordinates such program (b) CLERICAL AMENDMENT.—The chapter ‘‘(B) To identify State, local, tribal, or re- with the highway safety office of the State; analysis for chapter 4 is amended by insert- gional emergency medical services and 9–1–1 and ing after the item relating to section 407 the needs. ‘‘(B) authorizes political subdivisions of following: ‘‘(C) To recommend new or expanded pro- the State to participate in and receive funds grams, including grant programs, for im- under such program, consistent with a goal ‘‘407A. Federal coordination and enhanced proving State, local, tribal, or regional of achieving statewide coordination of emer- support of emergency medical emergency medical services and imple- gency medical services and 9–1–1 activities. services.’’. menting improved emergency medical serv- ‘‘(4) FUNDING.— SEC. 7219. REPEAL OF AUTHORITY FOR ALCOHOL ices communications technologies, including ‘‘(A) USE OF FUNDS.—Funds authorized to TRAFFIC SAFETY PROGRAMS. wireless 9–1–1. be appropriated to carry out this subsection (a) REPEAL.—Section 408 is repealed.

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(b) CLERICAL AMENDMENT.—The chapter on the courts’ adjudication of cases of im- with a lower blood alcohol concentration. analysis for chapter 4 is amended by striking paired driving offenses; or For purposes of this paragraph, the term ‘ad- the item relating to section 408. ‘‘(C) annual Statewide outreach is provided ditional penalties’ includes— SEC. 7220. IMPAIRED DRIVING PROGRAM. for judges and prosecutors on innovative ap- ‘‘(A) a 1-year suspension of a driver’s li- (a) MAINTENANCE OF EFFORT.—Section proaches to the prosecution and adjudication cense, but with the individual whose license 410(a)(2) is amended by striking ‘‘the Trans- of cases of impaired driving offenses that is suspended becoming eligible after 45 days portation Equity Act for the 21st Century’’ have the potential for significantly improv- of such suspension to obtain a provisional and inserting ‘‘the Highway Safety Grant ing the prosecution and adjudication of such driver’s license that would permit the indi- Program Reauthorization Act of 2005’’. cases. vidual to drive— (b) REVISED GRANT AUTHORITY.—Section ‘‘(3) IMPAIRED OPERATOR INFORMATION SYS- ‘‘(i) only to and from the individual’s place 410 is amended— TEM.— of employment or school; or (1) by striking paragraph (3) of subsection ‘‘(A) A State impaired operator informa- ‘‘(ii) only an automobile equipped with a (a) and redesignating paragraph (4) as para- tion system that— certified alcohol ignition interlock device; graph (3); and ‘‘(i) tracks drivers who are arrested or con- and (2) by striking subsections (b) through (f) victed for violation of laws prohibiting im- ‘‘(B) a mandatory assessment by a certified and inserting the following: paired operation of motor vehicles; substance abuse official of whether the indi- ‘‘(b) PROGRAM-RELATED ELIGIBILITY RE- ‘‘(ii) includes information about each case vidual has an alcohol abuse problem that in- QUIREMENTS.—To be eligible for a grant of an impaired driver beginning at the time cludes the possibility of a referral to coun- under this section, a State shall— of arrest through case disposition, including seling if the official determines that such a ‘‘(1) for fiscal year 2006 or 2007, carry out 4 information about any trial, plea, plea referral is appropriate. of the programs required under subsection agreement, conviction or other disposition, ‘‘(7) IMPAIRED DRIVING COURTS.— (c); sentencing or other imposition of sanctions, ‘‘(A) IN GENERAL.—A program to consoli- ‘‘(2) for fiscal year 2008 or 2009, carry out 5 and substance abuse treatment; date and coordinate impaired driving cases of the programs required under subsection ‘‘(iii) provides— into courts that specialize in impaired driv- (c); and ‘‘(I) accessibility to the information for ing cases, with the emphasis on tracking and ‘‘(3) for any such fiscal year— law enforcement personnel Statewide and for processing offenders of impaired driving ‘‘(A) comply with the additional require- United States law enforcement personnel; laws, (hereinafter referred to as DWI courts) ments set forth in subsection (d) with re- and that meets the requirements of this para- spect to such programs and activities; and ‘‘(II) linkage for the sharing of the infor- graph. ‘‘(B) comply with any additional require- mation and of the information in State traf- ‘‘(B) CHARACTERISTICS.—A DWI Court is a ments of the Secretary. fic record systems among jurisdictions and distinct function performed by a court sys- ‘‘(c) STATE PROGRAMS AND ACTIVITIES.—To appropriate agencies, court systems and of- tem for the purpose of changing the behavior qualify for a grant under this subsection, a fices of the States; of alcohol or drug dependent offenders ar- State shall select programs from among the ‘‘(iv) shares information with the National rested for driving while impaired. A DWI following: Highway Traffic Safety Administration for Court can be a dedicated court with dedi- ‘‘(1) CHECK-POINT, SATURATION PATROL PRO- compilation and use for the tracking of im- cated personnel, including judges, prosecu- GRAM.— paired operators of motor vehicles who move tors and probation officers. A DWI court may ‘‘(A) A State program to conduct a series from State to State; and be an existing court system that serves the of high-visibility, Statewide law enforce- ‘‘(v) meets the requirements of subpara- following essential DWI Court functions: ment campaigns in which law enforcement graphs (B), (C), and (D) of this paragraph, as ‘‘(i) A DWI Court performs an assessment personnel monitor for impaired driving, ei- applicable. of high-risk offenders utilizing a team head- ther through use of sobriety check-points or ‘‘(B) A program meets the requirements of ed by the judge and including all criminal saturation patrols, on a nondiscriminatory, this subparagraph only if, during fiscal years justice stakeholders (prosecutors, defense at- lawful basis for the purpose of determining 2006 and 2007, a State— torneys, probations officers, law enforce- whether the operators of the motor vehicles ‘‘(i) assesses the system used by the State ment personnel and others) along with alco- are driving while under the influence of alco- for tracking drivers who are arrested or con- hol/drug treatment professionals. hol or controlled substances that meets the victed for violation of laws prohibiting im- ‘‘(ii) The DWI Court team recommends a requirements of subparagraphs (B) and (C). paired operation of motor vehicles; specific plea agreement or contract for each ‘‘(B) A program meets the requirements of ‘‘(ii) identifies ways to improve the sys- offender that can include incarceration, this subparagraph only if a State organizes tem, as well as to enhance the capability of treatment, and close community super- the campaigns in cooperation with related the system to provide information in coordi- vision. The agreement maximizes the prob- periodic national campaigns organized by nation with impaired operator information ability of rehabilitation and minimizes the the National Highway Traffic Safety Admin- systems of other States; and likelihood of recidivism. istration, but this subparagraph does not ‘‘(iii) develops a strategic plan that sets ‘‘(iii) Compliance with the agreement is preclude a State from initiating sustained forth the actions to be taken and the re- verified with thorough monitoring and fre- high-visibility, Statewide law enforcement sources necessary to achieve the identified quent alcohol testing. Periodic status hear- campaigns independently of the cooperative improvements and to enhance the capability ings assess offender progress and allow an efforts. for coordination with the systems of other opportunity for modifying the sentence if ‘‘(C) A program meets the requirements of States. necessary. this subparagraph only if, for each fiscal ‘‘(C) A program meets the requirements of ‘‘(C) ASSESSMENT.—In the first year of op- year, a State demonstrates to the Secretary this subparagraph only if, in each of fiscal eration, the States shall assess the number that the State and the political subdivisions years 2008 and 2009, a State demonstrates to of court systems in its jurisdiction that are of the State that receive funds under this the Secretary that the State has made sub- consistently performing the DWI Court func- section have increased, in the aggregate, the stantial and meaningful progress in improv- tions. total number of impaired driving law ening the State’s impaired operator informa- ‘‘(D) PLAN.—In the second year of oper- forcement activities at high incident location system, and makes public a report on ation, the State shall develop a strategic tions, as described in subparagraph (A) (or the progress of the information system. plan for increasing the number of courts per- any other similar activity approved by the ‘‘(4) IMPAIRED DRIVING PERFORMANCE.—The forming the DWI function. Secretary), initiated in such State during percentage of fatally-injured drivers with ‘‘(E) PROGRESS.—In subsequent years of op- the preceding fiscal year by a factor that the 0.08 percent or greater blood alcohol con- eration, the State shall demonstrate Secretary determines meaningful for the centration in the State has decreased in each progress in increasing the number of DWI State over the number of such activities ini- of the 2 most recent calendar years for which Courts and in increasing the number of high- tiated in such State during the preceding fis- data are available. risk offenders participating in and success- cal year, which shall not be less than 5 per- ‘‘(5) SELF-SUSTAINING IMPAIRED DRIVING fully completing DWI Court agreements. cent. PREVENTION PROGRAM.—A program under ‘‘(d) USES OF GRANTS.—Grants made under ‘‘(2) PROSECUTION AND ADJUDICATION PRO- which a significant portion of the fines or this section may be used for programs and GRAM.—A State prosecution and adjudication surcharges collected from individuals who activities described in subsection (c) and to program under which— are fined for operating a motor vehicle while defray the following costs: ‘‘(A) judges and prosecutors are actively under the influence of alcohol are returned ‘‘(1) Labor costs, management costs, and encouraged to prosecute and adjudicate to communities for comprehensive programs equipment procurement costs for the high- cases of defendants who repeatedly commit for the prevention of impaired driving. visibility, Statewide law enforcement cam- impaired driving offenses by reducing the ‘‘(6) LAWS FOR HIGH RISK DRIVERS.—A law paigns under subsection (c)(1). use of State diversion programs, or other that establishes stronger sanctions or addi- ‘‘(2) The costs of the training of law en- means that have the effect of avoiding or tional penalties for individuals convicted of forcement personnel and the procurement of expunging a permanent record of impaired operating a motor vehicle while under the technology and equipment, such as and in- driving in such cases; influence of alcohol whose blood alcohol con- cluding video equipment and passive alcohol ‘‘(B) the courts in a majority of the judi- centration is 0.15 percent or more than for sensors, to counter directly impaired oper- cial jurisdictions of the State are monitored individuals convicted of the same offense but ation of motor vehicles.

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‘‘(3) The costs of public awareness, adver- or convicted for violation of laws prohibiting ‘‘(c) SUCCESSIVE YEAR GRANTS.— tising, and educational campaigns that pub- the impaired operation of motor vehicles. ‘‘(1) ELIGIBILITY.—A State shall be eligible licize use of sobriety check points or in- SEC. 7221. STATE TRAFFIC SAFETY INFORMATION for a grant under this subsection in a fiscal creased law enforcement efforts to counter SYSTEM IMPROVEMENTS. year succeeding the first fiscal year in which impaired operation of motor vehicles. (a) GRANT PROGRAM AUTHORITY.—Chapter 4 the State receives a grant under subsection ‘‘(4) The costs of public awareness, adver- is amended by adding at the end the fol- (b) if the State, to the satisfaction of the tising, and educational campaigns that tar- lowing: Secretary— get impaired operation of motor vehicles by ‘‘§ 412. State traffic safety information system ‘‘(A) certifies that an assessment or audit persons under 34 years of age. improvements of the State’s highway safety data and traf- ‘‘(5) The costs of the development and im- ‘‘(a) GRANT AUTHORITY.—Subject to the re- fic records system has been conducted or up- plementation of a State impaired operator quirements of this section, the Secretary dated within the preceding 5 years; information system described in subsection shall make grants of financial assistance to ‘‘(B) submits an updated multiyear plan (c)(3). eligible States to support the development that meets the requirements of subsection ‘‘(6) The costs of operating programs that and implementation of effective programs by (b)(1)(C); result in vehicle forfeiture or impoundment such States to— ‘‘(C) certifies that its highway safety data or license plate impoundment. ‘‘(1) improve the timeliness, accuracy, and traffic records coordinating committee ‘‘(e) ADDITIONAL AUTHORITIES FOR CERTAIN completeness, uniformity, integration, and continues to operate and supports the AUTHORIZED USES.— accessibility of the safety data of the State multiyear plan; ‘‘(1) COMBINATION OF GRANT PROCEEDS.— that is needed to identify priorities for na- ‘‘(D) specifies how the grant funds and any Grant funds used for a campaign under sub- tional, State, and local highway and traffic other funds of the State are to be used to ad- section (d)(3) may be combined, or expended safety programs; dress needs and goals identified in the in coordination, with proceeds of grants ‘‘(2) evaluate the effectiveness of efforts to multiyear plan; under section 402 of this title. make such improvements; ‘‘(E) demonstrates measurable progress to- ‘‘(2) COORDINATION OF USES.—Grant funds ‘‘(3) link the State data systems, including ward achieving the goals and objectives iden- used for a campaign under paragraph (3) or traffic records, with other data systems tified in the multiyear plan; and (4) of subsection (d) may be expended— within the State, such as systems that con- ‘‘(F) includes a current report on the ‘‘(A) in coordination with employers, tain medical, roadway, and economic data; progress in implementing the multiyear schools, entities in the hospitality industry, and plan. and nonprofit traffic safety groups; and ‘‘(4) improve the compatibility and inter- ‘‘(2) GRANT AMOUNT.—Subject to subsection ‘‘(B) in coordination with sporting events operability of the data systems of the State (d)(3), the amount of a year grant made to a and concerts and other entertainment with national data systems and data systems State for a fiscal year under this subsection events. of other States and enhance the ability of shall equal the higher of— ‘‘(f) FUNDING.— the Secretary to observe and analyze na- ‘‘(A) the amount determined by multi- ‘‘(1) IN GENERAL.—Grant funding under this tional trends in crash occurrences, rates, plying— section shall be allocated among States that outcomes, and circumstances. ‘‘(i) the amount appropriated to carry out meet the eligibility criteria in subsection (b) ‘‘(b) FIRST-YEAR GRANTS.— this section for such fiscal year, by on the basis of the apportionment formula ‘‘(1) ELIGIBILITY.—To be eligible for a first- ‘‘(ii) the ratio that the funds apportioned that applies for apportionments under sec- year grant under this section in a fiscal year, to the State under section 402 of this title for tion 402(c) of this title. a State shall demonstrate to the satisfaction fiscal year 2003 bears to the funds appor- ‘‘(2) HIGH FATALITY-RATE STATES.—A State of the Secretary that the State has— tioned to all States under such section for that is among the 10 States with the highest ‘‘(A) established a highway safety data and fiscal year 2003; or impaired driving-related fatality rates for traffic records coordinating committee with ‘‘(B) $500,000. the calendar year immediately preceding the a multidisciplinary membership that in- fiscal year in which the grant may be made cludes, among others, managers, collectors, ‘‘(d) ADDITIONAL REQUIREMENTS AND LIMI- shall be eligible for a grant under this sec- and users of traffic records and public health TATIONS.— tion if the State meets the requirements of and injury control data systems; ‘‘(1) MODEL DATA ELEMENTS.—The Sec- subsection (g). A State that receives a grant ‘‘(B) completed or updated, within the pre- retary, in consultation with States and other based upon its eligibility under this para- ceding 5 years, an assessment or an audit of appropriate parties, shall determine the graph may also receive a grant under sub- the highway safety data and traffic records model data elements that are useful for the section (b) if it meets the eligibility require- system of the State; and observation and analysis of State and na- ments of that subsection. ‘‘(C) developed a multiyear highway safety tional trends in occurrences, rates, out- ‘‘(g) USE OF FUNDS BY HIGH FATALITY-RATE data and traffic records system strategic comes, and circumstances of motor vehicle STATES.— plan that addresses existing deficiencies in traffic accidents. In order to be eligible for a ‘‘(1) REQUIRED USES.—At least 1⁄2 of the the State’s highway safety data and traffic grant under this section, a State shall sub- amounts allocated to States under sub- records system, is approved by the highway mit to the Secretary a certification that the section (f)(2) shall be used for the program safety data and traffic records coordinating State has adopted and uses such model data described in subsection (c)(1). committee, and— elements, or a certification that the State ‘‘(2) REQUIREMENT FOR PLAN.—A State re- ‘‘(i) specifies how existing deficiencies in will use grant funds provided under this sec- ceiving an allocation of grant funds under the State’s highway safety data and traffic tion toward adopting and using the max- subsection (f)(2) shall expend those funds records system were identified; imum number of such model data elements only after receiving approval from the Ad- ‘‘(ii) prioritizes, on the basis of the identi- as soon as practicable. ministrator of the National Highway Traffic fied highway safety data and traffic records ‘‘(2) DATA ON USE OF ELECTRONIC DEVICES.— Safety Administration for a plan regarding system deficiencies, the highway safety data The model data elements required under such expenditures. and traffic records system needs and goals of paragraph (1) shall include data elements, as ‘‘(h) DEFINITIONS.—In this section: the State, including the activities under sub- determined appropriate by the Secretary in ‘‘(1) IMPAIRED OPERATOR.—The term ‘im- section (a); consultation with the States and with appro- paired operator’ means a person who, while ‘‘(iii) identifies performance-based meas- priate elements of the law enforcement com- operating a motor vehicle— ures by which progress toward those goals munity, on the impact on traffic safety of ‘‘(A) has a blood alcohol content of 0.08 will be determined; and the use of electronic devices while driving. percent or higher; or ‘‘(iv) specifies how the grant funds and any ‘‘(3) MAINTENANCE OF EFFORT.—No grant ‘‘(B) is under the influence of a controlled other funds of the State are to be used to ad- may be made to a State under this section in substance. dress needs and goals identified in the any fiscal year unless the State enters into ‘‘(2) IMPAIRED DRIVING-RELATED FATALITY multiyear plan. such agreements with the Secretary as the RATE.—The term ‘impaired driving-related ‘‘(2) GRANT AMOUNT.—Subject to subsection Secretary may require to ensure that the fatality rate’ means the rate of alcohol-re- (d)(3), the amount of a first-year grant to a State will maintain its aggregate expendi- lated fatalities, as calculated in accordance State for a fiscal year shall be the higher tures from all other sources for highway with regulations which the Administrator of of— safety data programs at or above the average the National Highway Traffic Safety Admin- ‘‘(A) the amount determined by multi- level of such expenditures maintained by istration shall prescribe.’’. plying— such State in the 2 fiscal years preceding the (c) NHTSA TO ISSUE REGULATIONS.—Not ‘‘(i) the amount appropriated to carry out date of enactment of the Highway Safety later than 12 months after the date of enact- this section for such fiscal year, by Grant Program Reauthorization Act of 2005. ment of the Highway Safety Grant Program ‘‘(ii) the ratio that the funds apportioned ‘‘(4) FEDERAL SHARE.—The Federal share of Reauthorization Act of 2005, the National to the State under section 402 of this title for the cost of adopting and implementing in a Highway Traffic Safety Administration shall fiscal year 2003 bears to the funds appor- fiscal year a State program described in sub- issue guidelines to the States specifying the tioned to all States under such section for section (a) may not exceed 80 percent. types and formats of data that States should fiscal year 2003; or ‘‘(5) LIMITATION ON USE OF GRANT PRO- collect relating to drivers who are arrested ‘‘(B) $300,000. CEEDS.—A State may use the proceeds of a

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4770 CONGRESSIONAL RECORD — SENATE May 9, 2005 grant received under this section only to im- the effectiveness of the National Highway cific programs supports by grant funds. The plement the program described in subsection Traffic Safety Administration’s oversight of report shall be in a form prescribed by the (a) for which the grant is made. traffic safety grants by determining the use- Secretary and may be combined with other ‘‘(e) APPLICABILITY OF CHAPTER 1.—Section fulness of the Administration’s advice to the State grant reporting requirements under 402(d) of this title shall apply in the adminis- States regarding grants administration and this chapter. tration of this section.’’. State activities, the extent to which the (e) DEFINITION OF CHILD SAFETY SEAT.—The (b) CLERICAL AMENDMENT.—The chapter States incorporate the Administration’s rec- term ‘‘child safety seat’’ means any device analysis for chapter 4 is amended by adding ommendation into their highway safety (except safety belts (as such term is defined at the end the following: plans and programs, and improvements that in section 405(f)(6)) of title 23, United States ‘‘412. State traffic safety information system result in a State’s highway safety program Code, designed for use in a motor vehicle (as improvements.’’. that may be attributable to the Administra- such term is defined in section 405(f)(4) of SEC. 7222. NHTSA ACCOUNTABILITY. tion’s recommendations. Based on this anal- that title) to restrain, seat, or position a (a) IN GENERAL.—Chapter 4, as amended by ysis, the General Accounting Office shall child who weighs 50 pounds or less. section 7221, is amended by adding at the end submit a report by not later than the end of (f) AUTHORIZATION OF APPROPRIATIONS.— the following: fiscal year 2008 to the House of Representa- There are authorized to be appropriated to ‘‘§ 413. Agency accountability tives Committee on Transportation and In- the Secretary of Transportation— frastructure and the Senate Committee on ‘‘(a) TRIENNIAL STATE MANAGEMENT RE- (1) $18,000,000 for fiscal year 2006; Commerce, Science, and Transportation.’’. VIEWS.—At least once every 3 years the Na- (2) $20,000,000 for fiscal year 2007; (b) CONFORMING AMENDMENT.—The chapter tional Highway Traffic Safety Administra- (3) $25,000,000 for fiscal year 2008; and analysis for chapter 4, as amended by section (4) $30,000,000 for fiscal year 2009. tion shall conduct a review of each State 7221, is amended by inserting after the item highway safety program. The review shall in- relating to section 412 the following: SEC. 7224. MOTORCYCLIST SAFETY TRAINING clude a management evaluation of all grant AND MOTORIST AWARENESS PRO- programs partially or fully funded under this ‘‘413. Agency accountability.’’. GRAMS. title. The Administrator shall provide re- SEC. 7223. GRANTS FOR IMPROVING CHILD PAS- (a) IN GENERAL.—Chapter 4 of title 23, view-based recommendations on how each SENGER SAFETY PROGRAMS. United States Code, as amended by section State may improve the management and (a) IN GENERAL.—The Secretary of Trans- 7222, is amended by adding at the end the fol- oversight of its grant activities and may pro- portation shall establish a program to pro- lowing: vide grants to States to assist in the enact- vide a management and oversight plan. ‘‘§ 414. Motorcyclist safety training and moment and enforcement of laws implementing ‘‘(b) RECOMMENDATIONS BEFORE SUBMIS- torist awareness programs SION.—In order to provide guidance to State Anton’s Law (49 U.S.C. 30127 note). highway safety agencies on matters that (b) ELIGIBILITY REQUIREMENTS.— ‘‘(a) DEFINITIONS.—In this section: should be addressed in the State highway (1) IN GENERAL.—The Secretary shall make ‘‘(1) MOTORCYCLIST SAFETY TRAINING.—The safety program goals and initiatives as part a grant to each State that, as determined by term ‘motorcyclist safety training’ means of its highway safety plan before the plan is the Secretary, enacts or has enacted, has in any formal program of instruction that— submitted for review, the Administrator effect, and is enforcing a law requiring that ‘‘(A) provides accident avoidance and other shall provide data-based recommendations to children riding in passenger motor vehicles safety-oriented operational skills to motor- each State at least 90 days before the date on (as defined in section 405(f)(4)) of title 23, cyclists, including innovative training op- which the plan is to be submitted for ap- United States Code, who are too large to be portunities to meet unique regional needs; proval. secured in a child safety seat be secured in a and ‘‘(c) STATE PROGRAM REVIEW.—The Admin- child restraint (as defined in section 7(1) of ‘‘(B) is approved for use in a State by the istrator shall— Anton’s Law (49 U.S.C. 30127 note)) that designated State authority having jurisdic- ‘‘(1) conduct a program improvement re- meets requirements prescribed by the Sec- tion over motorcyclist safety issues, which view of any State that does not make sub- retary under section 3 of Anton’s Law. may include the State Motorcycle Safety stantial progress over a 3-year period in (2) YEAR IN WHICH FIRST ELIGIBLE.— Administrator or a motorcycle advisory meeting its priority program goals; and (A) EARLY QUALIFICATION.—A State that council appointed by the Governor of the ‘‘(2) provide technical assistance and safety has enacted a law described in paragraph (1) State. program requirements to be incorporated in that is in effect before October 1, 2005, is first ‘‘(2) MOTORIST AWARENESS.—The term ‘mo- a State’s highway safety plan for any goal eligible to receive a grant under subsection torist awareness’ means individual or collec- not achieved. (a) in fiscal year 2006. tive motorist awareness of— ‘‘(d) REGIONAL HARMONIZATION.—The Ad- (B) SUBSEQUENT QUALIFICATION.—A State ‘‘(A) the presence of motorcycles on or ministration and the Inspector General of that enacts a law described in paragraph (1) near roadways; and the Department of Transportation shall un- that takes effect after September 30, 2005, is ‘‘(B) safe driving practices that avoid in- dertake a State grant administrative review first eligible to receive a grant under sub- jury to motorcyclists, bicyclists, and pedes- of the practices and procedures of the man- section (a) in the first fiscal year beginning trians. agement reviews and program reviews con- after the date on which the law is enacted. ‘‘(3) MOTORIST AWARENESS PROGRAM.—The ducted by Administration regional offices (3) CONTINUING ELIGIBILITY.—A State that term ‘motorist awareness program’ means and formulate a report of best practices to be is eligible under paragraph (1) to receive a any informational or public awareness pro- completed within 180 days after the date of grant may receive a grant during each fiscal gram designed to enhance motorist aware- enactment of the Highway Safety Grant Pro- year listed in subsection (f) in which it is eli- ness that is developed by or in coordination gram Reauthorization Act of 2005. gible. with the designated State authority having ‘‘(e) BEST PRACTICES GUIDELINES.— (4) MAXIMUM NUMBER OF GRANTS.—A State jurisdiction over motorcyclist safety issues, ‘‘(1) UNIFORM GUIDELINES.—The Adminis- may not receive more than 4 grants under which may include the State Motorcycle trator shall issue uniform management re- this section. Safety Administrator or, in the absence of a view guidelines and program review guide- (c) GRANT AMOUNT.—Amounts available for State Administrator, a motorcycle advisory lines based on the report under subsection grants under this section in any fiscal year council appointed by a Governor of the (d). Each regional office shall use the guide- shall be apportioned among the eligible State. lines in executing its State administrative States on the basis of population. ‘‘(4) STATE.—The term ‘State’ means— review duties. (d) USE OF GRANT AMOUNTS.— ‘‘(A) a State; ‘‘(2) PUBLICATION.—The Administrator (1) IN GENERAL.—Of the amounts received ‘‘(B) the District of Columbia; and shall make the following documents avail- by a State under this section for any fiscal ‘‘(C) the Commonwealth of Puerto Rico. able via the Internet upon their completion: year— ‘‘(b) ELIGIBILITY.—Not later than 90 days ‘‘(A) The Administrator’s management re- (A) 50 percent shall be used for the enforce- after the date of enactment of this section view guidelines and the program review ment of, and education to promote public and on September 1 of each fiscal year there- guidelines. awareness of, State child passenger protec- after, based on a letter of certification pro- ‘‘(B) State highway safety plans. tion laws; and vided by the Governor of each State, the Sec- ‘‘(C) State annual accomplishment reports. (B) 50 percent shall be used to fund pro- retary shall develop and publish a list of ‘‘(D) The Administration’s Summary re- grams that purchase and distribute child States that, as of the date of publication of port of findings from Management Reviews booster seats, child safety seats, and other the list, have established motorcyclist safety and Improvement Plans. appropriate passenger motor vehicle child training programs and motorist awareness ‘‘(3) REPORTS TO STATE HIGHWAY SAFETY restraints to indigent families without programs, including information that indi- AGENCIES.—The Administrator may not charge. cates— make a plan, report, or review available (2) REPORT.—Within 60 days after the State ‘‘(1) the level of base funding provided for under paragraph (2) that is directed to a fiscal year in which a State receives a grant each such program for the applicable fiscal State highway safety agency until after it under this section, the State shall transmit year; and has been submitted to that agency. to the Secretary a report documenting the ‘‘(2) whether the level of base funding pro- ‘‘(f) GENERAL ACCOUNTING OFFICE REVIEW.— manner in which grant amounts were obli- vided for each such program for the applica- The General Accounting Office shall analyze gated or expended and identifying the spe- ble fiscal year was increased, decreased, or

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4771 maintained from the level of funding pro- section (a) shall be to establish performance report its findings to the Senate Committee vided for the program for the previous fiscal criteria to reduce the occurrence of rollovers on Commerce, Science, and Transportation year. consistent with stability enhancing tech- and the House of Representatives Committee ‘‘(c) ALLOCATION.—Not later than 120 days nologies. The Secretary shall issue a pro- on Energy and Commerce not later than 15 after the date of enactment of this section, posed rule in this proceeding by rule by Oc- months after the date of enactment of this on October 1 of each fiscal year, the Sec- tober 1, 2006, and a final rule by April 1, 2009. Act. retary shall allocate to each State for which ‘‘(c) OCCUPANT EJECTION PREVENTION.— (b) SPECIFIC ISSUES TO BE COVERED.—The the base funding allocated for motorcyclist ‘‘(1) IN GENERAL.—The Secretary shall also study required by subsection (a) shall— safety training and motorist awareness pro- initiate a rulemaking proceeding to estab- (1) include an analysis of backover preven- grams was not less than the amount allo- lish performance standards to reduce com- tion technology; cated for the previous year, not less than plete and partial ejections of vehicle occu- (2) identify, evaluate, and compare the $100,000, to be used only for motorcyclist pants from outboard seating positions. In available technologies for detecting people safety training and motorist awareness pro- formulating the standards the Secretary or objects behind a motor vehicle with a grams, including— shall consider various ejection mitigation gross vehicle weight rating of not more than ‘‘(1) improvements to motorcyclist safety systems. The Secretary shall issue a final 10,000 pounds for their accuracy, effective- training curricula; rule under this paragraph no later than Oc- ness, cost, and feasibility for installation; ‘‘(2) improvements in program delivery to tober 1, 2009. and both urban and rural areas, including— ‘‘(2) DOOR LOCKS AND DOOR RETENTION.—The (3) provide an estimate of cost savings that ‘‘(A) procurement or repair of practice mo- Secretary shall complete the rulemaking would result from widespread use of torcycles; proceeding initiated to upgrade Federal backover prevention devices and tech- ‘‘(B) instructional aides; and Motor Vehicle Safety Standard No. 206, re- nologies in motor vehicles with a gross vehi- ‘‘(C) mobile training units; lating to door locks and door retention, no cle weight rating of not more than 10,000 ‘‘(3) an increase in the recruitment or re- later than 30 months after the date of enact- pounds, including savings attributable to the tention of motorcyclist safety training in- ment of this Act. prevention of— structors certified by a State Motorcycle ‘‘(d) PROTECTION OF OCCUPANTS.—One of the (A) injuries and fatalities; and Safety Administrator or motorcycle advi- rulemaking proceedings initiated under sub- (B) damage to bumpers and other motor sory council appointed by the Governor; and section (a) shall be to establish performance vehicle parts and damage to other objects. ‘‘(4) public awareness, public service an- criteria to upgrade Federal Motor Vehicle SEC. 7255. NONTRAFFIC INCIDENT DATA COLLEC- nouncements, and other outreach programs Safety Standard No. 216 relating to roof TION. to enhance motorist awareness, such as the strength for driver and passenger sides. The (a) IN GENERAL.—In conjunction with the ‘share-the-road’ safety messages developed Secretary may consider industry and inde- study required in section 7254, the National in subsection (f). pendent dynamic tests that realistically du- Highway Traffic Safety Administration shall ‘‘(d) CONTRACTS WITH ORGANIZATIONS.—The plicate the actual forces transmitted during establish a method to collect and maintain Secretary may enter into an agreement with a rollover crash. The Secretary shall issue a data on the number and types of injuries and an organization that is recommended by and proposed rule by December 31, 2005, and a deaths involving motor vehicles with a gross represents the interests of State Motorcycle final rule by July 1, 2008. vehicle weight rating of not more than 10,000 Safety Administrators to review, determine, ‘‘(e) DEADLINES.—If the Secretary deter- pounds in non-traffic incidents. and disseminate a description of best prac- mines that the deadline for a final rule under (b) DATA COLLECTION AND PUBLICATION.— tices in motorcycle safety training and mo- this section cannot be met, the Secretary The Secretary of Transportation shall pub- torist awareness, and to recommend such shall— lish the data collected under subsection (a) practices, to State administrators, gov- ‘‘(1) notify the Senate Committee on Com- no less frequently than biennially. ernors, State legislative bodies, and chief li- merce, Science, and Transportation and the SEC. 7256. SAFETY BELT USE REMINDERS. House of Representatives Committee on En- censing officers of States. (a) BUZZER LAW.— ergy and Commerce and explain why that ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Section 30124 is amended— From funds available to carry out section 406 deadline cannot be met; and (A) by striking ‘‘not’’ the first place it ap- of this title, $5,200,000 shall be made avail- ‘‘(2) establish a new deadline.’’. pears; and able for each of fiscal years 2006 through 2009 SEC. 7252. SIDE-IMPACT CRASH PROTECTION (B) by striking ‘‘except’’ and inserting ‘‘in- to carry out this section. RULEMAKING. cluding’’. ‘‘(f) SHARE-THE-ROAD MODEL LANGUAGE.— The Secretary of Transportation shall (2) CONFORMING AMENDMENT.—Section 30122 Not later than 1 year after the date of enact- complete a rulemaking proceeding under is amended by striking subsection (d). ment of the Highway Safety Grant Program chapter 301 of title 49, United States Code, to (b) STUDY OF SAFETY BELT USE TECH- Reauthorization Act of 2005, the Secretary, establish a standard designed to enhance NOLOGIES.—The Secretary of Transportation in consultation with the Administrator of passenger motor vehicle occupant protec- shall conduct a review of safety belt use the Natinoal Highway Traffice Safety Ad- tion, in all seating positions, in side impact technologies to evaluate progress and to con- ministration, shall develop and provide to crashes. The Secretary shall issue a final sider possible revisions in strategies for the States model language for use in traffic rule by July 1, 2008. achieving further gains in safety belt use. safety education courses, driver’s manuals, SEC. 7253. TIRE RESEARCH. The Secretary shall complete the study by and other driver’s training materials in- Within 2 years after the date of enactment July 1, 2008. structing the drivers of motor vehicles on of this Act, the Secretary shall transmit a SEC. 7257. AMENDMENT OF AUTOMOBILE INFOR- the importance of sharing the roads safely report to the Senate Committee on Com- MATION DISCLOSURE ACT. with motorcyclists.’’. merce, Science, and Transportation and the (a) SAFETY LABELING REQUIREMENT.—Sec- (b) CONFORMING AMENDMENT.—The chapter House of Representatives Committee on En- tion 3 of the Automobile Information Disclo- analysis for chapter 4 of title 23, United ergy and Commerce on research conducted to sure Act (15 U.S.C. 1232) is amended— States Code, as amended by section 7222, is address tire aging. The report shall include a (1) by striking ‘‘and’’ after the semicolon amended by adding at the end the following: summary of any Federal agency findings, ac- in subsection (e); ‘‘414. Motorcyclist safety training and mo- tivities, conclusions, and recommendations (2) by inserting ‘‘and’’ after the semicolon torist awareness programs.’’. concerning tire aging and recommendations in subsection (f)(3); for potential rulemaking regarding tire CHAPTER 2—SPECIFIC VEHICLE SAFETY- (3) by striking ‘‘(3).’’ in subsection (f)(4) aging. RELATED RULINGS and inserting ‘‘(3);’’; and (b) CONFORMING AMENDMENT.—The chapter (4) by adding at the end the following: SEC. 7251. VEHICLE ROLLOVER PREVENTION AND analysis for chapter 301 is amended by in- ‘‘(g) if 1 or more safety ratings for such CRASH MITIGATION. serting after the item relating to section automobile have been assigned and formally (a) IN GENERAL.—Subchapter II of chapter 30127 the following: published or released by the National High- 301 is amended by adding at the end the fol- ‘‘30128. Vehicle accident ejection protec- way Traffic Safety Administration under the lowing: tion’’. New Car Assessment Program, information ‘‘§ 30128. Vehicle rollover prevention and SEC. 7254. VEHICLE BACKOVER AVOIDANCE about safety ratings that— crash mitigation TECHNOLOGY STUDY. ‘‘(1) includes a graphic depiction of the (a) IN GENERAL.—The Secretary shall ini- (a) IN GENERAL.—The Administrator of the number of stars, or other applicable rating, tiate rulemaking proceedings, for the pur- National Highway Traffic Safety Adminis- that corresponds to each such assigned safe- pose of establishing rules or standards that tration shall conduct a study of effective ty rating displayed in a clearly differen- will reduce vehicle rollover crashes and miti- methods for reducing the incidence of injury tiated fashion indicating the maximum pos- gate deaths and injuries associated with such and death outside of parked passenger motor sible safety rating; crashes for motor vehicles with a gross vehi- vehicles with a gross vehicle weight rating of ‘‘(2) refers to frontal impact crash tests, cle weight rating of not more than 10,000 not more than 10,000 pounds attributable to side impact crash tests, and rollover resist- pounds. movement of such vehicles. The Adminis- ance tests (whether or not such automobile ‘‘(b) ROLLOVER PREVENTION.—One of the trator shall complete the study within 1 year has been assigned a safety rating for such rulemaking proceedings initiated under sub- after the date of enactment of this Act and tests);

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4772 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(3) contains information describing the cle standards prescribed for school buses and CHAPTER 1—GENERAL AUTHORITIES ON nature and meaning of the crash test data multifunction school activity buses under TRANSPORTATION OF HAZARDOUS MA- presented and a reference to additional vehi- this title. This paragraph does not apply to TERIALS cle safety resources, including http:// the purchase or lease of a 15-passenger van SEC. 7321. PURPOSE. www.safecar.gov; and under a contract executed before the date of The text of section 5101 is amended to read ‘‘(4) is presented in a legible, visible, and enactment of the Surface Transportation as follows: prominent fashion and covers at least— Safety Improvement Act of 2005.’’. ‘‘(A) 8 percent of the total area of the (c) PENALTY.—Section 30165(a) is amend- ‘‘The purpose of this chapter is to protect label; or ed— against the risks to life, property, and the environment that are inherent in the trans- ‘‘(B) an area with a minimum length of 4 1⁄2 (1) by redesignating paragraph (2) as para- portation of hazardous material in intra- inches and a minimum height of 3 1⁄2 inches; graph (3); and and (2) by inserting after paragraph (1) the fol- state, interstate, and foreign commerce.’’. ‘‘(h) if an automobile has not been tested lowing: SEC. 7322. DEFINITIONS. by the National Highway Traffic Safety Ad- ‘‘(2) SCHOOL BUSES.— Section 5102 is amended as follows: ministration under the New Car Assessment ‘‘(A) IN GENERAL.—Notwithstanding para- (1) COMMERCE.—Paragraph (1) is amended— Program, or safety ratings for such auto- graph (1), the maximum amount of a civil (A) by striking ‘‘or’’ after the semicolon in mobile have not been assigned in one or penalty under this paragraph shall be $10,000 subparagraph (A); more rating categories, a statement to that in the case of— (B) by striking the ‘‘State.’’ in subpara- effect.’’. ‘‘(i) the manufacture, sale, offer for sale, graph (B) and inserting ‘‘State; or’’; and (b) REGULATIONS.—Not later than January introduction or delivery for introduction (C) by adding at the end the following: 1, 2006, the Secretary of Transportation shall into interstate commerce, or importation of ‘‘(C) on a United States-registered air- issue regulations to implement the labeling a school bus or school bus equipment (as craft.’’. requirements under subsections (g) and (h) of those terms are defined in section 30125(a) of (2) HAZMAT EMPLOYEE.—Paragraph (3) is section 3 of the Automobile Information Dis- this title) in violation of section 30112(a)(1) amended— closure Act, as added by subsection (a). of this title; or (A) by inserting ‘‘on a fulltime, part time, (c) APPLICABILITY.—The labeling require- ‘‘(ii) a violation of section 30112(a)(2) of or temporary basis’’ after ‘‘employed’’ in ments under subsections (g) and (h) of sec- this title. subparagraph (A)(i); tion 3 of such Act (as added by subsection ‘‘(B) RELATED SERIES OF VIOLATIONS.—A (B) by redesignating clause (ii) of subpara- (a)), and the regulations prescribed under separate violation occurs for each motor ve- graph (A) as clause (iii) and inserting after subsection (b), shall apply to new auto- hicle or item of motor vehicle equipment and clause (i) the following: mobiles delivered on or after— for each failure or refusal to allow or per- ‘‘(ii) is self-employed (including an owner- (1) September 1, 2006, if the regulations form an act required by that section. The operator of a motor vehicle, vessel, or air- under subsection (b) are prescribed not later maximum penalty under this paragraph for a craft) transporting hazardous material in than August 31, 2005; or related series of violations is $15,000,000.’’. commerce; and’’; (2) September 1, 2007, if the regulations SEC. 7260. UPDATED FUEL ECONOMY LABELING (C) by inserting ‘‘such full time, part time, under subsection (b) are prescribed after Au- PROCEDURES. or temporary’’ in clause (iii) of subparagraph gust 31, 2005. (a) IN GENERAL.—The Administrator of the (A), as redesignated, after ‘‘course of’’; (d) AUTHORIZATION OF APPROPRIATIONS.— Environmental Protection Agency shall, as (D) by striking subparagraph (B) and redes- There are authorized to be appropriated to appropriate and in consultation with the Ad- ignating subparagraph (C) as subparagraph the Secretary of Transportation, to accel- ministrator of the National Highway Traffic (B); erate the testing processes and increasing Safety Administration, update and revise the (E) by inserting ‘‘on a full time, part time, the number of vehicles tested under the New process used to determine fuel economy val- or temporary basis’’ after ‘‘employed’’ in Car Assessment Program of the National ues for labeling purposes as set forth in sec- subparagraph (B), as redesignated; and Highway Traffic Safety Administration— tions 600.209-85 and 600.209.95 (40 C.F.R. (F) by striking clause (ii) of subparagraph (1) $15,000,000 for fiscal year 2006; 600.209-85 and 600.209.95) to take into consid- (B), as redesignated, and inserting the fol- (2) $8,134,065 for fiscal year 2007; eration current factors such as speed limits, lowing: (3) $8,418,760 for fiscal year 2008; acceleration rates, braking, variations in ‘‘(ii) designs, manufactures, fabricates, in- (4) $8,713,410 for fiscal year 2009; and weather and temperature, vehicle load, use spects, marks, maintains, reconditions, re- (5) $9,018,385 for fiscal year 2010. of air conditioning, driving patterns, and the pairs, or tests a package, container, or pack- SEC. 7258. POWER WINDOW SWITCHES. use of other fuel consuming features. The aging component that is represented, The Secretary of Transportation shall up- Administrator shall use existing emissions marked, certified, or sold by that person as grade Federal Motor Vehicle Safety Stand- test cycles and, or, updated adjustment fac- qualified for use in transporting hazardous ard 118 to require that power windows in tors to implement the requirements of this material in commerce;’’. motor vehicles not in excess of 10,000 pounds subsection. (3) HAZMAT EMPLOYER.—Paragraph (4) is have switches that raise the window only (b) DEADLINE.—The Administrator of the amended to read as follows: when the switch is pulled up or out. The Sec- Environmental Protection Agency shall pro- ‘‘(4) ‘hazmat employer’ means a person— retary shall issue a final rule implementing mulgate a notice of proposed rulemaking by ‘‘(A) who— this section by April 1, 2007. December 31, 2005, and a final rule within 18 ‘‘(i) employs or uses at least 1 hazmat em- months after the date on which the Adminis- SEC. 7259. 15-PASSENGER VAN SAFETY. ployee on a full time, part time, or tem- trator issues the notice. (a) TESTING.— porary basis, or (c) REPORT.—Three years after issuing the (1) IN GENERAL.—The Secretary of Trans- ‘‘(ii) is self-employed (including an owner- final rule required by subsection (b) and portation shall require the testing of 15-pas- operator of a motor vehicle, vessel, or air- every 3 years thereafter the Administrator of senger vans as part of the rollover resistance craft) transporting hazardous material in the Environmental Protection Agency shall program of the National Highway Traffic commerce, and reconsider the fuel economy labeling proce- Safety Administration’s new car assessment ‘‘(B) who— dures required under subsection (a) to deter- program. ‘‘(i) transports hazardous material in com- mine if the changes in the factors require (2) 15-PASSENGER VAN DEFINED.—In this sub- merce, revisting the process. The administrator section, the term ‘‘15-passenger van’’ means ‘‘(ii) causes hazardous material to be trans- shall report to the Senate Committee on a vehicle that seats 10 to 14 passengers, not ported in commerce, or Commerce, Science and Transportation and including the driver. ‘‘(iii) designs, manufactures, fabricates, in- to the House of Representatives Committee (b) PROHIBITION OF PURCHASE, RENTAL, OR spects, marks, maintains, reconditions, re- on Energy and Commerce on the outcome of LEASE OF NONCOMPLYING 15-PASSENGER VANS pairs, or tests a package, container, or pack- the reconsideration process. FOR SCHOOL USE.—Section 30112(a) is amend- aging component that is represented, ed— SEC. 7261. AUTHORIZATION OF APPROPRIATIONS. marked, certified, or sold by that person as (1) by inserting ‘‘(1)’’ before ‘‘Except as There are authorized to be appropriated to qualified for use in transporting hazardous provided’’; and the Secretary of Transportation to carry out material in commerce, and (2) by adding at the end the following: this chapter and chapter 301 of title 49, includes a department, agency, or instru- ‘‘(2) Except as provided in this section, sec- United States Code— mentality of the United States Government, tions 30113 and 30114 of this title, and sub- (1) $136,000,000 for fiscal year 2006; or an authority of a State, political subdivi- chapter III of this chapter, a school or school (2) $142,800,000 for fiscal year 2007; sion of a State, or Indian tribe, carrying out system may not purchase or lease a new 15- (3) $149,900,000 for fiscal year 2008; and an activity described in subparagraph (B).’’. (4) $157,400,000 for fiscal year 2009. passenger van if it will be used significantly (4) IMMINENT HAZARD.—Paragraph (5) is by, or on behalf of, the school or school sys- Subtitle C—Hazardous Materials amended by inserting ‘‘relating to hazardous tem to transport preprimary, primary, or SEC. 7301. SHORT TITLE. material’’ after ‘‘of a condition’’. secondary school students to or from school This subtitle may be cited as the ‘‘Haz- (5) MOTOR CARRIER.—Paragraph (7) is or an event related to school, unless the 15- ardous Material Transportation Safety and amended to read as follows: passenger van complies with the motor vehi- Security Reauthorization Act of 2005’’. ‘‘(7) ‘motor carrier’—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00162 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4773 ‘‘(A) means a motor carrier, motor private SEC. 7324. LIMITATION ON ISSUANCE OF HAZMAT is deemed to have met the requirements of carrier, and freight forwarder as those terms LICENSES. any other background check that is equiva- are defined in section 13102 of this title; but (a) REFERENCE TO SECRETARY OF TRANSPOR- lent to, or less stringent than, the back- ‘‘(B) does not include a freight forwarder, TATION.—Section 5103a is amended by strik- ground check performed under section 5103a as so defined, if the freight forwarder is not ing ‘‘of Transportation’’ each place it ap- of title 49, United States Code, that is re- performing a function relating to highway pears in subsections (a)(1), (c)(1)(B), and (d) quired for purposes of any Federal law appli- transportation.’’. and inserting ‘‘of Homeland Security’’. cable to transportation workers. (b) COVERED HAZARDOUS MATERIALS.—Sec- (6) NATIONAL RESPONSE TEAM.—Paragraph (B) DETERMINATION BY ASSISTANT SEC- tion 5103a(b) is amended by striking ‘‘with (8) is amended— RETARY.—Within 30 days after the date of en- respect to—’’ and all that follows and insert- (A) by striking ‘‘national response team’’ actment of this Act, the Assistant Secretary ing ‘‘with respect to any material defined as both places it appears and inserting ‘‘Na- of Homeland Security (Transportation Secu- hazardous material by the Secretary for tional Response Team’’; and which the Secretary requires placarding of a rity Administration) shall initiate a rule- (B) by striking ‘‘national contingency commercial motor vehicle transporting that making proceeding, including notice and op- plan’’ and inserting ‘‘National Contingency material in commerce.’’. portunity for comment, that sets forth the Plan’’. (c) RECOMMENDATIONS ON CHEMICAL OR BIO- background checks and other similar secu- (7) PERSON.—Paragraph (9)(A) is amended LOGICAL MATERIALS.—Section 5103a is further rity or threat assessment requirements ap- by striking ‘‘offering’’ and all that follows amended— plicable to transportation workers under and inserting ‘‘that— (1) by redesignating subsections (c), (d), Federal law to which subparagraph (A) ap- ‘‘(i) offers hazardous material for transpor- and (e) as subsections (d), (e), and (f), respec- plies. tation in commerce; tively; and (C) FUTURE RULEMAKINGS.—The Assistant ‘‘(ii) transports hazardous material to fur- (2) by inserting after subsection (b) the fol- Secretary shall make a determination under ther a commercial enterprise; or lowing: the criteria established under subparagraph ‘‘(iii) designs, manufactures, fabricates, in- ‘‘(c) RECOMMENDATIONS ON CHEMICAL AND (B) with respect to any rulemaking prospects, marks, maintains, reconditions, re- BIOLOGICAL MATERIALS.—The Secretary of ceeding to establish or modify required back- pairs, or tests a package, container, or pack- Health and Human Services shall rec- ground checks for transportation workers aging component that is represented, ommend to the Secretary any chemical or initiated after the date of enactment of this marked, certified, or sold by that person as biological material or agent for regulation Act. qualified for use in transporting hazardous as a hazardous material under section 5103(a) (c) APPEALS PROCESS FOR MORE STRINGENT material in commerce; but’’. of this title if the Secretary of Health and STATE PROCEDURES.—If a State establishes (8) SECRETARY OF TRANSPORTATION.—Sec- Human Services determines that such mate- standards for applicants for a hazardous mation 5102 is further amended— rial or agent is a threat to the national secu- terials endorsement to a commercial driver’s (A) by redesignating paragraphs (11), (12), rity of the United States.’’. license that, as determined by the Secretary and (13), as paragraphs (12), (13), and (14), re- (d) CONFORMING AMENDMENT.—Section of Homeland Security, are more stringent spectively; and 5103a(a)(1) is amended by striking ‘‘sub- than the standards set forth in section (B) by inserting after paragraph (10) the section (c)(1)(B),’’ and inserting ‘‘subsection 1572.5(d) of title 49, Code of Federal Regula- following: (d)(1)(B),’’. tions, then the State shall also provide an ‘‘(11) ‘Secretary’ means the Secretary of SEC. 7325. BACKGROUND CHECKS FOR DRIVERS appeals process similar to the process pro- Transportation except as otherwise pro- HAULING HAZARDOUS MATERIALS. vided under section 1572.141 of title 49, Code vided.’’. (a) FOREIGN DRIVERS.— of Federal Regulations, by which an appli- (1) IN GENERAL.—No commercial motor ve- cant denied a hazardous materials endorse- SEC. 7323. GENERAL REGULATORY AUTHORITY. hicle operator registered to operate in Mex- ment to a commercial driver’s license by (a) REFERENCE TO SECRETARY OF TRANSPOR- ico or Canada may operate a commercial that State may appeal that denial in a man- TATION.—Section 5103(a) is amended by strik- motor vehicle transporting a hazardous ma- ner substantially similar to, and to the same ing ‘‘of Transportation’’. terial in commerce in the United States extent as, an individual who received an ini- (b) DESIGNATING MATERIAL AS HAZ- until the operator has undergone a back- tial notification of threat assessment under ARDOUS.—Section 5103(a) is further amend- ground records check similar to the back- part 1572 of that title. ed— ground records check required for commer- (d) CLARIFICATION OF TERM DEFINED IN REG- (1) by striking ‘‘etiologic agent’’ and all cial motor vehicle operators licensed in the ULATIONS.—The term ‘‘severe transportation that follows through ‘‘corrosive material,’’ United States to transport hazardous mate- security incident’’, as defined in section and inserting ‘‘infectious substance, flam- rials in commerce. 1572.3 of title 49, Code of Federal Regula- mable or combustible liquid, solid, or gas, (2) DEFINITIONS.—In this subsection: tions, does not include a work stoppage or toxic, oxidizing, or corrosive material,’’; and (A) HAZARDOUS MATERIALS.—The term other nonviolent employee-related action re- (2) by striking ‘‘decides’’ and inserting ‘‘de- ‘‘hazardous material’’ has the meaning given sulting from an employer-employee dispute. termines’’. that term in section 5102(2) of title 49, United Within 30 days after the date of enactment of (c) REGULATIONS FOR SAFE TRANSPOR- States Code. this Act, the Secretary of Homeland Secu- TATION.—Section 5103(b)(1)(A) is amended to (B) COMMERCIAL MOTOR VEHICLE.—The term rity shall modify the definition of that term read as follows: ‘‘commercial motor vehicle’’ has the mean- to reflect the preceding sentence. ‘‘(A) apply to a person who— ing given that term by section 31101 of title (e) BACKGROUND CHECK CAPACITY.—The As- ‘‘(i) transports hazardous material in com- 49, United States Code. sistant Secretary of Homeland Security merce; (b) OTHER DRIVERS.— (Transportation Security Administration) ‘‘(ii) causes hazardous material to be trans- (1) EMPLOYER NOTIFICATION.—Within 90 shall transmit a report by October 1, 2005, to ported in commerce; days after the date of enactment of this Act, the Senate Committee on Commerce, ‘‘(iii) designs, manufactures, fabricates, in- the Assistant Secretary of Homeland Secu- Science, and Transportation and the House spects, marks, maintains, reconditions, re- rity for Transportation Security shall de- of Representatives Committee on Homeland pairs, or tests a package, container, or pack- velop and implement a process for the notifi- Security on the implementation of finger- aging component that is represented, cation of a hazmat employer (as defined in print-based security threat assessments and marked, certified, or sold by that person as section 5102(4) of title 49, United States the adequacy of fingerprinting locations, qualified for use in transporting hazardous Code), if appropriate considering the poten- personnel, and resources to accomplish the material in commerce; tial security implications, designated by an timely processing of fingerprint-based secu- ‘‘(iv) prepares or accepts hazardous mate- applicant seeking a threat assessment under rity threat assessments for individuals hold- rial for transportation in commerce; part 1572 of title 49, Code of Federal Regula- ing commercial driver’s licenses who are ap- ‘‘(v) is responsible for the safety of trans- tions, if the Transportation Security Admin- plying to renew hazardous materials en- porting hazardous material in commerce; istration, in an initial notification of threat dorsements. ‘‘(vi) certifies compliance with any re- assessment or a final notification of threat SEC. 7326. REPRESENTATION AND TAMPERING. quirement under this chapter; or assessment, served on the applicant deter- (a) REPRESENTATION.—Section 5104(a) is ‘‘(vii) misrepresents whether such person is mines that the applicant does not meet the amended— engaged in any activity under clause (i) standards set forth in section 1572.5(d) of (1) by striking ‘‘a container,’’ and all that through (vi) of this subparagraph; and’’. title 49, Code of Federal Regulations. follows through ‘‘packaging) for’’ and insert- (d) TECHNICAL AMENDMENT REGARDING CON- (2) RELATIONSHIP TO OTHER BACKGROUND ing ‘‘a package, component of a package, or SULTATION.—Section 5103 is amended— RECORDS CHECKS.— packaging for’’; and (1) by striking subsection (b)(1)(C); and (A) ELIMINATION OF REDUNDANT CHECKS.— (2) by striking ‘‘the container’’ and all that (2) by adding at the end the following: An individual with respect to whom the follows through ‘‘packaging) meets’’ and in- ‘‘(c) CONSULTATION.—When prescribing a Transportation Security Administration— serting ‘‘the package, component of a pack- security regulation or issuing a security (i) has performed a security threat assess- age, or packaging meets’’. order that affects the safety of the transpor- ment under part 1572 of title 49, Code of Fed- (b) TAMPERING.—Section 5104(b) is amend- tation of hazardous material, the Secretary eral Regulations, and ed— of Homeland Security shall consult with the (ii) has issued a notification of no security (1) by striking ‘‘A person may not’’ and in- Secretary of Transportation.’’. threat under section 1572.5(g) of that title, serting ‘‘No person may’’; and

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00163 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4774 CONGRESSIONAL RECORD — SENATE May 9, 2005 (2) by inserting ‘‘component of a package, the contrary, including any limitation on Sciences, and using existing coordinating or packaging,’’ after ‘‘package,’’ in para- the amount of grants authorized by section mechanisms of the National Response Team graph (2). 5116 of title 49, United States Code, not con- and, for radioactive material, the Federal SEC. 7327. TRANSPORTING CERTAIN MATERIAL. tained in that section, the Secretary shall Radiological Preparedness Coordinating Section 5105 is amended by striking sub- make grants under that section from the ac- Committee, the Secretary shall maintain a section (d). count established under section 5116(i) to re- current curriculum of lists of courses nec- SEC. 7328. HAZMAT EMPLOYEE TRAINING RE- duce the balance in that account over the 4 essary to train public sector emergency re- QUIREMENTS AND GRANTS. fiscal year period beginning with fiscal year sponse and preparedness teams in matters (a) REFERENCE TO SECRETARY OF TRANSPOR- 2006, but in no fiscal year shall the grants relating to the transportation of hazardous TATION.—Section 5107 is amended by striking distributed exceed the level authorized by material.’’. ‘‘of Transportation’’ each place it appears in section 5116 of title 49, United States Code. (b) REQUIREMENTS.—Section 5115(b) is subsections (a), (b), (c) (other than in para- SEC. 7330. SHIPPING PAPERS AND DISCLOSURE. amended— graph (1)), (d), and (f). (a) REFERENCE TO SECRETARY OF TRANSPOR- (1) by striking ‘‘developed’’ in the matter (b) TRAINING GRANTS.—Section 5107(e) is TATION.—Section 5110(a) is amended by strik- preceding paragraph (1) and inserting ‘‘main- amended— ing ‘‘of Transportation’’. tained’’; and (1) by striking ‘‘section 5127(c)(3)’’ and in- (b) DISCLOSURE CONSIDERATIONS AND RE- (2) by striking ‘‘under other United States serting ‘‘section 5128(b)(1) of this title’’; and QUIREMENTS.—Section 5110 is amended— Government grant programs’’ in paragraph (2) by inserting ‘‘and, to the extent deter- (1) by striking ‘‘under subsection (b) of this (1)(C) and all that follows and inserting mined appropriate by the Secretary, grants section.’’ in subsection (a) and inserting ‘‘in ‘‘with Federal assistance; and’’. for such instructors to train hazmat employ- regulations.’’; (c) TRAINING ON COMPLIANCE WITH LEGAL ees’’ after ‘‘employees’’ in the first sentence (2) by striking subsection (b); and REQUIREMENTS.—Section 5115(c)(3) is amend- thereof. (3) by redesignating subsections (c), (d), ed by striking ‘‘Association.’’ and inserting SEC. 7329. REGISTRATION. and (e) as subsections (b), (c), and (d), respec- ‘‘Association or by any other voluntary or- (a) REFERENCE TO SECRETARY OF TRANSPOR- tively. ganization establishing consensus-based TATION.—Section 5108 is amended by striking (c) RETENTION OF PAPERS.—Subsection (d) standards that the Secretary considers ap- ‘‘of Transportation’’ each place it appears in of section 5110, as redesignated by subsection propriate.’’. subsections (a), (b) (other than following (b)(3) of this section, is amended to read as (d) DISTRIBUTION AND PUBLICATION.—Sec- ‘‘Department’’), (d), (e), (f), (g), (h), and (i). follows: tion 5115(d) is amended— (b) PERSONS REQUIRED TO FILE.— ‘‘(d) RETENTION OF PAPERS.— (1) by striking ‘‘national response team—’’ (1) REQUIREMENT TO FILE.—Section ‘‘(1) SHIPPERS.—The person who provides and inserting ‘‘National Response Team—’’; 5108(a)(1)(B) is amended by striking ‘‘class A the shipping paper under this section shall and or B explosive’’ and inserting ‘‘Division 1.1, retain the paper, or an electronic format of (2) by striking ‘‘publish a list’’ in para- 1.2, or 1.3 explosive material’’. it, for a period of 3 years after the date that graph (2) and all that follows and inserting (2) AUTHORITY TO REQUIRE TO FILE.—Section the shipping paper is provided to the carrier, ‘‘publish and distribute the list of courses 5108(a)(2)(B) is amended to read as follows: with the paper or electronic format to be ac- maintained under this section, and of any ‘‘(B) a person designing, manufacturing, cessible through the shipper’s principal place programs utilizing such courses.’’. fabricating, inspecting, marking, maintain- of business. SEC. 7334. PLANNING AND TRAINING GRANTS; EMERGENCY PREPAREDNESS FUND. ing, reconditioning, repairing, or testing a ‘‘(2) CARRIERS.—The carrier required to package, container, or packaging component keep the shipping paper under this section, (a) REFERENCE TO SECRETARY OF TRANSPOR- that is represented, marked, certified, or shall retain the paper, or an electronic for- TATION.—Section 5116 is amended by striking sold by that person as qualified for use in mat of it, for a period of 1 year after the date ‘‘of Transportation’’ each place it appears in transporting hazardous material in com- that the shipping paper is provided to the subsections (a), (b), (c), (d), (g), and (i). (b) GOVERNMENT SHARE OF COSTS.—Section merce.’’. carrier, with the paper or electronic format 5116(e) is amended by striking the second (3) NO TRANSPORTATION WITHOUT FILING.— to be accessible through the carrier’s prin- sentence. Section 5108(a)(3) is amended by striking cipal place of business. (c) MONITORING AND TECHNICAL ASSIST- ‘‘fabricate,’’ and all that follows through ‘‘(3) AVAILABILITY TO GOVERNMENT AGEN- ANCE.—Section 5116(f) is amended by striking ‘‘package or’’ and inserting ‘‘design, manu- CIES.—Any person required to keep a ship- ‘‘national response team’’ and inserting ‘‘Na- facture, fabricate, inspect, mark, maintain, ping paper under this subsection shall, upon recondition, repair, or test a package, con- tional Response Team’’. request, make it available to a Federal, (d) DELEGATION OF AUTHORITY.—Section tainer packaging component, or’’. State, or local government agency at reason- 5116(g) is amended by striking ‘‘Government (c) FORM AND CONTENT OF FILINGS.—Sec- able times and locations.’’. tion 5108(b)(1)(C) by striking ‘‘the activity.’’ grant programs’’ and inserting ‘‘Federal fi- SEC. 7331. RAIL TANK CARS. and inserting ‘‘any of the activities.’’. nancial assistance programs’’. (a) REPEAL OF REQUIREMENTS.—Section MERGENCY REPAREDNESS UND (d) FILING.—Section 5108(c) is amended to (e) E P F .— 5111 is repealed. read as follows: (1) NAME OF FUND.—Section 5116(i) is (b) CLERICAL AMENDMENT.—The chapter ‘‘(c) FILING.—Each person required to file a amended by inserting after ‘‘an account’’ the registration statement under subsection (a) analysis for chapter 51 is amended by strik- following: ‘‘(to be known as the ‘Emergency of this section shall file the statement in ac- ing the item relating to section 5111. Preparedness Fund’)’’. cordance with regulations prescribed by the SEC. 7332. UNSATISFACTORY SAFETY RATINGS. (2) PUBLICATION OF EMERGENCY RESPONSE Secretary.’’. (a) IN GENERAL.—The text of section 5113 is GUIDE.—Section 5116(i) is further amended— (e) FEES.—Section 5108(g)(1) is amended by amended to read as follows: (A) by striking ‘‘collects under section striking ‘‘may establish,’’ and inserting ‘‘A violation of section 31144(c)(3) of this 5108(g)(2)(A) of this title and’’; ‘‘shall establish,’’. title shall be considered a violation of this (B) by striking ‘‘and’’ after the semicolon (f) RELATIONSHIP TO OTHER LAWS.—Section chapter, and shall be subject to the penalties in paragraph (2); 5108(i)(2)(B) is amended by inserting ‘‘an In- in sections 5123 and 5124 of this title.’’. (C) by redesignating paragraph (3) as para- dian tribe,’’ after ‘‘subdivision of a State,’’. (b) CONFORMING AMENDMENTS.—The first graph (4); and (g) REGISTRATION AND ANNUAL FEES.— subsection (c) of section 31144 is amended— (D) by inserting after paragraph (2) the fol- (1) REDUCTION IN CAP.—Section 5108(g)(2)(A) (1) by striking ‘‘sections 521(b)(5)(A) and lowing: is amended by striking ‘‘$5,000’’ and inserting 5113’’ in paragraph (1) and inserting ‘‘section ‘‘(3) to publish and distribute an emer- ‘‘$3,000’’. 521(b)(5)(A) of this title’’; and gency response guide; and’’. (2) RULEMAKING.—Any rule, regulation, or (2) by adding at the end of paragraph (3) ‘‘A (3) CONFORMING AMENDMENT.—Section order issued by the Secretary of Transpor- violation of this paragraph by an owner or 5108(g)(2)(C) is amended by striking ‘‘the ac- tation under which the assessment, pay- operator transporting hazardous material count the Secretary of the Treasury estab- ment, or collection of fees under section shall be considered a violation of chapter 51 lishes’’ and inserting ‘‘the Emergency Re- 5108(g) of title 49, United States Code, was of this title, and shall be subject to the pen- sponse Fund established’’. suspended or terminated before the date of alties in sections 5123 and 5124 of this title.’’. (f) REPORTS.—Section 5116(k) is amended— enactment of this Act is declared null and SEC. 7333. TRAINING CURRICULUM FOR THE PUB- (1) by striking the first sentence and in- void effective 30 days after such date of en- LIC SECTOR. serting ‘‘The Secretary shall make available actment. Beginning on the 31st day after (a) IN GENERAL.—Section 5115(a) is amend- to the public annually information on the al- such date of enactment, the fee schedule es- ed to read as follows: location and uses of the planning grants allo- tablished by the Secretary and set forth at 65 ‘‘(a) IN GENERAL.—In coordination with the cated under subsection (a), training grants Federal Register 7297 (as modified by the Director of the Federal Emergency Manage- under subsection (b), and grants under sub- rule set forth at 67 Federal Register 58343) ment Agency, the Chairman of the Nuclear section (j) of this section and under section shall take effect and apply until such time as Regulatory Commission, the Administrator 5107 of this title.’’; and it may be modified by a rulemaking proof the Environmental Protection Agency, (2) by striking ‘‘Such report’’ in the second ceeding. the Secretaries of Labor, Energy, and Health sentence and inserting ‘‘The information’’. (3) PLANNING AND TRAINING GRANTS.—Not- and Human Services, and the Director of the SEC. 7335. SPECIAL PERMITS AND EXCLUSIONS. withstanding any other provision of law to National Institute of Environmental Health (a) SPECIAL PERMITS AND EXCLUSIONS.—

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(1) IN GENERAL.—Section 5117(a)(1) is ment is consistent with applicable require- section, an imminent hazards is not found to amended by striking ‘‘the Secretary of ments with respect to such activity in the exist, the Secretary shall, in accordance Transportation may issue’’ and all that fol- regulations. with procedures set forth in regulations pre- lows through ‘‘in a way’’ and inserting ‘‘the ‘‘(f) INTERIM STATE PROGRAMS.—Pending scribed under subsection (e) of this section, Secretary may issue, modify, or terminate a the prescription of regulations under sub- assist the safe resumption of transportation special permit authorizing variances from section (a) of this section, States may par- of the package, packages, or transport unit this chapter, or a regulation prescribed ticipate in the program of uniform forms and concerned. under section 5103(b), 5104, 5110, or 5112 of procedures recommended by the Alliance for ‘‘(d) EMERGENCY ORDERS.— this title, to a person performing a function Uniform Hazmat Transportation Proce- ‘‘(1) If, upon inspection, investigation, test- regulated by the Secretary under section dures.’’. ing, or research, the Secretary determines 5103(b)(1) of this title in a way’’. SEC. 7337. HAZARDOUS MATERIALS TRANSPOR- that a violation of a provision of this chap- TATION SAFETY AND SECURITY. (2) DURATION.—Section 5117(a)(2) is amend- ter, or a regulation prescribed under this The text of section 5121 is amended to read ed to read as follows: chapter, or an unsafe condition or practice, as follows: ‘‘(2) A special permit under this sub- constitutes or is causing an imminent haz- ‘‘(a) GENERAL AUTHORITY.— section— ‘‘(1) To carry out this chapter, the Sec- ard, the Secretary may issue or impose ‘‘(A) shall be effective when first issued for retary may investigate, conduct tests, make emergency restrictions, prohibitions, recalls, not more than 2 years; and reports, issue subpoenas, conduct hearings, or out-of-service orders, without notice or an ‘‘(B) may be renewed for successive periods require the production of records and prop- opportunity for a hearing, but only to the ex- of not more than 4 years each.’’. erty, take depositions, and conduct research, tent necessary to abate the imminent haz- (b) REFERENCES TO SPECIAL PERMITS.—Sec- development, demonstration, and training ard. tion 5117 is further amended— activities. ‘‘(2) The action of the Secretary under (1) by striking ‘‘an exemption’’ each place ‘‘(2) Except as provided in subsections (c) paragraph (1) of this subsection shall be in a it appears and inserting ‘‘a special permit’’; and (d) of this section, the Secretary shall written emergency order that— (2) by striking ‘‘the exemption’’ each place provide notice and an opportunity for a hear- ‘‘(A) describes the violation, condition, or it appears and inserting ‘‘the special per- ing before issuing an order directing compli- practice that constitutes or is causing the mit’’; and ance with this chapter, a regulation pre- imminent hazard; (3) by striking ‘‘exempt’’ in subsection (e) scribed under this chapter, or an order, spe- ‘‘(B) states the restrictions, prohibitions, and inserting ‘‘granted a variance’’. cial permit, or approval issued under this recalls, or out-of-service orders issued or im- (c) CONFORMING AND CLERICAL AMEND- chapter. posed; and MENTS.— ‘‘(b) RECORDS, REPORTS, PROPERTY, AND IN- ‘‘(C) describes the standards and proce- (1) CONFORMING AMENDMENT.—The heading FORMATION.—A person subject to this chapter dures for obtaining relief from the order. of section 5117 is amended to read as follows: shall— ‘‘(3) After taking action under paragraph ‘‘§ 5117. Special permits and exclusions’’ ‘‘(1) maintain records, make reports, and (1) of this subsection, the Secretary shall (2) CLERICAL AMENDMENT.—The chapter provide property and information that the provide for review of the action under sec- analysis for chapter 51 is amended by strik- Secretary by regulation or order requires; tion 554 of title 5 if a petition for review is ing the item relating to section 5117 and in- and filed within 20 calendar days of the issuance serting the following: ‘‘(2) make the records, reports, property, of the order for the action. ‘‘(4) If a petition for review of an action is ‘‘5117. Special permits and exclusions.’’. and information available for inspection when the Secretary undertakes an inspection filed under paragraph (3) of this subsection (3) SUBSECTION HEADING.—The heading for or investigation. and the review under that paragraph is not subsection (a) of section 5117 is amended by ‘‘(c) INSPECTIONS AND INVESTIGATIONS.— completed by the end of the 30-day period be- striking ‘‘EXEMPT’’ and inserting ‘‘ISSUE ‘‘(1) A designated officer or employee of ginning on the date the petition is filed, the SPECIAL PERMITS’’. the Secretary may— action shall cease to be effective at the end (d) REPEAL OF SECTION 5118.— ‘‘(A) inspect and investigate, at a reason- of such period unless the Secretary deter- (1) Section 5118 is repealed. able time and in a reasonable way, records mines, in writing, that the imminent hazard (2) The chapter analysis for chapter 51 is and property relating to a function described providing a basis for the action continues to amended by striking the item relating to in section 5103(b)(1) of this title; exist. section 5118 and inserting the following: ‘‘(B) except for packaging immediately ad- ‘‘(5) In this subsection, the term ‘out-of- ‘‘5118. Repealed.’’. jacent to the hazardous material contents, service order’ means a requirement that an SEC. 7336. UNIFORM FORMS AND PROCEDURES. gain access to, open, and examine a package aircraft, vessel, motor vehicle, train, railcar, The text of section 5119 is amended to read offered for or in transportation when the of- locomotive, other vehicle, transport unit, as follows: ficer or employees has an objectively reason- transport vehicle, freight container, potable ‘‘(a) IN GENERAL.—The Secretary may pre- able and articulable belief that the package tank, or other package not be moved until scribe regulations to establish uniform forms may contain hazardous material; specified conditions have been met. and regulations for States on the following: ‘‘(C) remove from transportation a package ‘‘(e) REGULATIONS.—The Secretary shall ‘‘(1) To register and issue permits to per- or related packages in a shipment offered for prescribe in accordance with section 553 of sons that transport or cause to be trans- or in transportation for which— title 5 regulations to carry out the authority ported hazardous material by motor vehicles ‘‘(i) such officer or employee has an objec- in subsections (c) and (d) of this section. in a State. tively reasonable and articulable belief that ‘‘(f) FACILITY, STAFF, AND REPORTING SYS- ‘‘(2) To permit the transportation of haz- the package may pose an imminent hazard; TEM ON RISKS, EMERGENCIES, AND ACTIONS.— ardous material in a State. and ‘‘(1) The Secretary shall— ‘‘(b) UNIFORMITY IN FORMS AND PROCE- ‘‘(ii) such officer or employee contempora- ‘‘(A) maintain a facility and technical staff DURES.—In prescribing regulations under neously documents such belief in accordance sufficient to provide, within the United subsection (a) of this section, the Secretary with procedures set forth in regulations pre- States Government, the capability of evalu- shall develop procedures to eliminate dis- scribed under subsection (e) of this section; ating a risk relating to the transportation of crepancies among the States in carrying out ‘‘(D) gather information from the offeror, hazardous material and material alleged to the activities covered by the regulations. carrier, packaging manufacturer or tester, or be hazardous; ‘‘(c) LIMITATION.—The regulations pre- other person responsible for a package or ‘‘(B) maintain a central reporting system scribed under subsection (a) of this section packages to ascertain the nature and hazards and information center capable of providing may not define or limit the amount of any of the contents of the package or packages; information and advice to law enforcement fees imposed or collected by a State for any ‘‘(E) as necessary under terms and condi- and firefighting personnel, and other inter- activities covered by the regulations. tions prescribed by the Secretary, order the ested individuals, and officers and employees ‘‘(d) EFFECTIVE DATE.— offeror, carrier, or other person responsible of the United States Government and State ‘‘(1) IN GENERAL.—Except as provided in for a package or packages to have the pack- and local governments on meeting an emer- paragraph (2) of this subsection, the regula- age or packages transported to an appro- gency relating to the transportation of haz- tions prescribed under subsection (a) of this priate facility, opened, examined, and ana- ardous material; and section shall take effect 1 year after the date lyzed; and ‘‘(C) conduct a continuous review on all as- on which prescribed. ‘‘(F) when safety might otherwise be com- pects of transporting hazardous material to ‘‘(2) EXTENSION.—The Secretary may ex- promised, authorize properly qualified per- decide on and take appropriate actions to en- tend the 1-year period in subsection (a) for sonnel to assist in activities carried out sure safe transportation of hazardous mate- an additional year for good cause. under this paragraph. rial. ‘‘(e) STATE REGULATIONS.—After the regu- ‘‘(2) An officer or employee acting under ‘‘(2) Paragraph (1) of this subsection shall lations prescribed under subsection (a) of the authority of the Secretary under this not prevent the Secretary from making a this section take effect under subsection (d) subsection shall display proper credentials contract with a private entity for use of a of this section, a State may establish, main- when requested. supplemental reporting system and informa- tain, or enforce a requirement relating to ‘‘(3) In instances when, as a result of an in- tion center operated and maintained by the the same subject matter only if the require- spection or investigation under this sub- contractor.

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‘‘(g) GRANTS, COOPERATIVE AGREEMENTS, ‘‘(A) to the owner, custodian, offeror, or tion shall take effect on the date of the en- AND OTHER TRANSACTIONS.—The Secretary carrier of such hazardous material; actment of this Act, and shall apply with re- may enter into grants, cooperative agree- ‘‘(B) to an officer, employee, or agent of spect to violations described in section ments, and other transactions with a person, the United States Government, or a State or 5123(a) of title 49, United States Code (as agency, or instrumentality of the United local government, including volunteer fire amended by this section), that occur on or States, a unit of State or local government, departments, concerned with carrying out after that date. an Indian tribe, a foreign government (in co- transportation safety laws, protecting haz- (2) The amendment made by subsection (d) ordination with the Department of State), an ardous material in the course of transpor- of this section shall apply with respect to educational institution, or other appropriate tation in commerce, protecting public safety civil penalties imposed on violations de- entity— or national security, or enforcing Federal scribed in section 5123(a) of title 49, United ‘‘(1) to expand risk assessment and emer- law designed to protect public health or the States Code (as amended by this section), gency response capabilities with respect to environment; or which violations occur on or after the date of the security of transportation of hazardous ‘‘(C) in an administrative or judicial pro- the enactment of this Act. material; ceeding brought under this chapter, under SEC. 7340. CRIMINAL PENALTIES. ‘‘(2) to enhance emergency communica- other Federal law intended to protect public (a) IN GENERAL.—Section 5124 is amended— tions capacity as deemed necessary by the health or the environment, or under other (1) by inserting ‘‘(a) IN GENERAL.—’’ before Secretary, including the use of integrated, Federal law intended to address terrorist ac- ‘‘A person’’; and interoperable emergency communications tions or threats of terrorist actions. (2) by striking ‘‘chapter or a regulation technologies where appropriate; ‘‘(2) The Secretary may make determina- prescribed or order’’ and inserting ‘‘chapter, ‘‘(3) to conduct research, development, tions under paragraph (1) of this subsection a regulation prescribed under this chapter, demonstration, risk assessment and emer- with respect to categories of information in or an order, special permit, or approval’’. gency response planning and training activi- accordance with regulations prescribed by (b) ADDITIONAL MATTERS.—Section 5124 is ties; or the Secretary. further amended by adding at the end the ‘‘(4) to otherwise carry out this chapter. ‘‘(3) A release of information pursuant to a following: ‘‘(b) AGGRAVATED VIOLATIONS.—A person ‘‘(h) REPORTS.— determination under paragraph (1) of this ‘‘(1) The Secretary shall, once every 2 subsection shall not be treated as a release knowingly violating section 5104(b) of this years, submit to the Senate Committee on of such information to the public for pur- title or willfully violating this chapter or a Commerce, Science, and Transportation and poses of section 552 of title 5.’’. regulation prescribed, or an order, special permit, or approval issued, under this chap- the House of Representatives Committee on SEC. 7338. ENFORCEMENT. ter, who thereby causes the release of haz- Transportation and Infrastructure a com- (a) REFERENCE TO SECRETARY OF TRANSPOR- ardous material shall be fined under title 18, prehensive report on the transportation of TATION.—Section 5122(a) is amended by strik- hazardous material during the preceding 2 ing ‘‘of Transportation’’. imprisoned for not more than 20 years, or calendar years. Each report shall include, for (b) GENERAL.—Section 5122(a) is further both. ‘‘(c) SEPARATE VIOLATIONS.—A separate the period covered by such report— amended— violation occurs for each day the violation, ‘‘(A) a statistical compilation of the acci- (1) by striking ‘‘chapter or a regulation committed by a person who transports or dents, incidents, and casualties related to prescribed or order’’ in the first sentence and causes to be transported hazardous material, the transportation of hazardous material inserting ‘‘chapter, a regulation prescribed continues.’’. during such period; under this chapter, or an order, special per- ‘‘(B) a list and summary of applicable Gov- mit, or approval’’; and SEC. 7341. PREEMPTION. (a) REFERENCE TO SECRETARY OF TRANSPOR- ernment regulations, criteria, orders, and (2) by striking the second sentence and in- TATION.—Section 5125(b)(2) is amended by special permits; serting ‘‘In an action under this subsection, striking ‘‘of Transportation’’. ‘‘(C) a summary of the basis for each spe- the court may award appropriate relief, in- (b) PURPOSES.—Section 5125 is amended— cial permit issued; cluding a temporary or permanent injunction, civil penalties under section 5123 of this (1) by redesignating subsections (a), (b), ‘‘(D) an evaluation of the effectiveness of (c), (d), (e), (f), and (g) as subsections (b), (c), enforcement activities relating to the trans- title, and punitive damages.’’. (c) IMMINENT HAZARDS.—Section (d), (e), (f), (g), and (h), respectively; portation of hazardous material during such (2) by inserting before subsection (b), as so period, and of the degree of voluntary com- 5122(b)(1)(B) is amended by striking ‘‘ameliorate’’ and inserting ‘‘mitigate’’. redesignated, the following: pliance with regulations; ‘‘(a) PURPOSES.—The Secretary shall exer- SEC. 7339. CIVIL PENALTIES. ‘‘(E) a summary of outstanding problems cise the authority in this section— (a) PENALTY.—Section 5123(a) is amended— in carrying out this chapter, set forth in ‘‘(1) to achieve uniform regulation of the order of priority; and (1) in paragraph (1)— (A) by striking ‘‘regulation prescribed or transportation of hazardous material; ‘‘(F) any recommendations for legislative ‘‘(2) to eliminate rules that are incon- or administrative action that the Secretary order issued’’ and inserting ‘‘regulation, order, special permit, or approval issued’’; sistent with the regulations prescribed under considers appropriate. this chapter; and ‘‘(2) Before December 31, 2007, and every 3 and (B) by striking ‘‘$25,000’’ and inserting ‘‘(3) to otherwise promote the safe and effi- years thereafter, the Secretary, through the cient movement of hazardous material in Bureau of Transportation Statistics and in ‘‘$32,500’’; (2) by redesignating paragraph (2) as para- commerce.’’; consultation with other appropriate Federal (3) by striking subsection (g), as redesig- departments and agencies, shall submit a re- graph (4); and (3) by inserting after paragraph (1) the fol- nated; and port to the Senate Committee on Commerce, (4) by redesignating subsection (h), as re- Science, and Transportation and the House lowing: ‘‘(2) If the Secretary finds that a violation designated, as subsection (g). of Representatives Committee on Transpor- (c) GENERAL PREEMPTION.—Section 5125(b), tation and Infrastructure on the transpor- under paragraph (1) results in death, serious illness, or severe injury to any person, the as redesignated by subsection (b)(1) of this tation of hazardous material in all modes of section, is further amended by striking transportation during the preceding 3 cal- Secretary may increase the amount of the civil penalty for such violation to not more ‘‘GENERAL.—Except as provided in subsection endar years. Each report shall include, for (b), (c), and (e)’’ and inserting ‘‘PREEMPTION the period covered by such report— than $100,000. ‘‘(3) If the violation is related to training, GENERALLY.—Except as provided in sub- ‘‘(A) a summary of the hazardous material paragraph (1) shall be applied by substituting sections (c), (d), and (f)’’. shipments, deliveries, and movements during ‘$450’ for ‘$250’.’’. (d) SUBSTANTIVE DIFFERENCES.—Section such period, set forth by hazardous materials (b) REFERENCE TO SECRETARY OF TRANSPOR- 5125(c), as so redesignated, is further amend- type, by tonnage and ton-miles, and by TATION.—Section 5123(b) is amended by strik- ed— mode, both domestically and across United ing ‘‘of Transportation’’. (1) in the matter preceding subparagraph States borders; and (c) HEARING REQUIREMENT.—Section 5123(b) (A) of paragraph (1), by striking ‘‘subsection ‘‘(B) a summary of shipment estimates is amended by striking ‘‘chapter or a regula- (c)’’ and inserting ‘‘subsection (d)’’; during such period as a proxy for risk. tion prescribed’’ and inserting ‘‘chapter, a (2) by striking subparagraph (E) of para- ‘‘(i) SECURITY SENSITIVE INFORMATION.— regulation prescribed under this chapter, or graph (1) and inserting the following: ‘‘(1) If the Secretary determines that par- an order, special permit, or approval issued’’. ‘‘(E) the designing, manufacturing, fabri- ticular information may reveal a vulner- (d) CIVIL ACTIONS TO COLLECT.—Section cating, inspecting, marking, maintaining, ability of a hazardous material to attack 5123(d) is amended by striking ‘‘section.’’ and reconditioning, repairing, or testing a pack- during transportation in commerce, or may inserting ‘‘section and any accrued interest age, container, or packaging component that facilitate the diversion of hazardous mate- on the civil penalty as calculated in accord- is represented, marked, certified, or sold by rial during transportation in commerce for ance with section 1005 of the Oil Pollution that person as qualified for use in trans- use in an attack on people or property, the Act of 1990 (33 U.S.C. 2705). In the civil ac- porting hazardous material in commerce.’’; Secretary may disclose such information, on tion, the amount and appropriateness of the and the condition that such information may not civil penalty shall not be subject to review.’’. (3) by striking ‘‘prescribes after November be released to the public without prior au- (e) EFFECTIVE DATE.—(1) The amendments 16, 1990. However, the’’ in paragraph (2) and thorization by the Secretary, only— made by subsections (b) and (c) of this sec- inserting ‘‘prescribes. The’’.

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(e) DECISIONS ON PREEMPTION.—Section ‘‘(d) REQUIREMENT FOR PRIOR OBJECTIONS.— or private entity for expenses the Secretary 5125(e), as so redesignated, is further amend- In reviewing a final action under this sec- incurs in providing training to the State, po- ed by striking ‘‘subsection (a), (b)(1), or (c) of tion, the court may consider an objection to litical subdivision, Indian tribe, or other au- this section.’’ in the first sentence and in- the final action only if— thority or entity. serting ‘‘subsection (b), (c)(1), or (d) of this ‘‘(1) the objection was made in the course ‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts section or section 5119(b) of this title.’’. of a proceeding or review conducted by the available under subsections (a) and (b) of this (f) WAIVER OF PREEMPTION.—Section Secretary; or section shall remain available until ex- 5125(f), as so redesignated, is further amend- ‘‘(2) there was a reasonable ground for not pended.’’. ed by striking ‘‘subsection (a), (b)(1), or (c) of making the objection in the proceeding.’’. SEC. 7345. ADDITIONAL CIVIL AND CRIMINAL this section.’’ and inserting ‘‘subsection (b), (b) CLERICAL AMENDMENT.—The chapter PENALTIES. (c)(1), or (d) of this section or section 5119(b) analysis for chapter 51 is amended by strik- (a) TITLE 49 PENALTIES.—Section 46312 is of this title.’’. ing the item relating to section 5127 and in- amended— (g) STANDARDS.—Section 5125 is further serting the following: (1) by striking ‘‘part—’’ in subsection (a) and inserting ‘‘part or chapter 51 of this amended by adding at the end the following: ‘‘5127. Judicial review. ‘‘(h) APPLICATION OF EACH PREEMPTION title—’’; and ‘‘5128. Authorization of appropriations.’’. STANDARD.—Each standard for preemption in (2) by inserting ‘‘or chapter 51 of this title’’ subsection (b), (c)(1), or (d) of this section, SEC. 7344. AUTHORIZATION OF APPROPRIATIONS. in subsection (b) after ‘‘under this part’’. and in section 5119(b) of this title, is inde- Section 5128, as redesignated by section (b) TITLE 18 PENALTIES.—Section pendent in its application to a requirement 7343 of this chapter, is amended to read as 3663(a)(1)(A) of title 18, United States Code, of a State, political subdivision of a State, or follows: is amended by inserting ‘‘5124,’’ before Indian tribe. ‘‘§ 5128. Authorization of appropriations ‘‘46312,’’. ‘‘(i) NON-FEDERAL ENFORCEMENT STAND- ‘‘(a) GENERAL.—In order to carry out this SEC. 7346. TECHNICAL CORRECTIONS. ARDS.—This section does not apply to any chapter (except sections 5107(e), 5108(g), 5112, (a) HIGHWAY ROUTING OF HAZARDOUS MATE- procedure, penalty, required mental state, or 5113, 5115, 5116, and 5119 of this title), the fol- RIAL.—The second sentence of section other standard utilized by a State, political lowing amounts are authorized to be appro- 5112(a)(1) is amended by striking ‘‘However, subdivision of a State, or Indian tribe to en- priated to the Secretary: the Secretary of Transportation’’ and insert- force a requirement applicable to the trans- ‘‘(1) For fiscal year 2005, not more than ing ‘‘The Secretary’’. (b) AIR TRANSPORTATION OF IONIZING RADI- portation of hazardous material.’’. $24,940,000. ATION MATERIAL.—Section 5114(b) is amended SEC. 7342. RELATIONSHIP TO OTHER LAWS. ‘‘(2) For fiscal year 2006, not more than by striking ‘‘of Transportation’’. Section 5126 is amended— $29,000,000. (c) INTERNATIONAL UNIFORMITY OF STAND- (1) by striking ‘‘or causes to be transported ‘‘(3) For each of fiscal years 2007 through ARDS AND REQUIREMENTS.—Section 5120 is hazardous material,’’ in subsection (a) and 2009, not more than $30,000,000. amended by striking ‘‘of Transportation’’ inserting ‘‘hazardous material, or causes ‘‘(b) EMERGENCY PREPAREDNESS FUND.— each place it appears in subsections (a), (b), hazardous material to be transported,’’; There shall be available from the Emergency and (c)(1). (2) by striking ‘‘manufactures,’’ and all Preparedness Fund under section 5116(i) of that follows through ‘‘or sells’’ in subsection this title, amounts as follows: CHAPTER 2—OTHER MATTERS (a) and inserting ‘‘designs, manufactures, ‘‘(1) To carry out section 5107(e) of this SEC. 7361. ADMINISTRATIVE AUTHORITY FOR fabricates, inspects, marks, maintains, re- title, $4,000,000 for each of fiscal years 2005 PIPELINE AND HAZARDOUS MATE- conditions, repairs, or tests a package, con- through 2009. RIALS SAFETY ADMINISTRATION. Section 108 is amended by adding at the tainer, or packaging component that is rep- ‘‘(2) To carry out section 5115 of this title, end the following: resented’’; $200,000 for each of fiscal years 2005 through ‘‘(h) ADMINISTRATIVE AUTHORITIES.— (3) by striking ‘‘must’’ in subsection (a) 2009. ‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, and inserting ‘‘shall’’; ‘‘(3) To carry out sections 5116(a) and (b) of AND OTHER TRANSACTIONS.—The Adminis- (4) by striking ‘‘manufacturing,’’ in sub- this title, $21,800,000 for each of fiscal years trator may enter into grants, cooperative section (a) and all that follows through 2005 through 2009, to be allocated as follows: agreements, and other transactions with ‘‘testing’’ and inserting ‘‘designing, manu- ‘‘(A) $5,000,000 to carry out section 5116(a). Federal agencies, State and local govern- facturing, fabricating, inspecting, marking, ‘‘(B) $7,800,000 to carry out section 5116(b). ment agencies, other public entities, private maintaining, reconditioning, repairing, or ‘‘(C) Of the amount provided for by this organizations, and other persons— testing’’; and paragraph in excess of the suballocations in ‘‘(A) to conduct research into transpor- (5) by striking ‘‘39.’’ in subsection (b)(2) subparagraphs (A) and (B)— tation service and infrastructure assurance; and inserting ‘‘39, except in the case of an ‘‘(i) 35 percent shall be used to carry out and imminent hazard.’’. section 5116(a), and ‘‘(B) to carry out other research activities SEC. 7343. JUDICIAL REVIEW. ‘‘(ii) 65 percent shall be used to carry out of the Administration. (a) IN GENERAL.—Chapter 51 is amended— section 5116(b), ‘‘(2) LIMITATION ON DISCLOSURE OF CERTAIN (1) by redesignating section 5127 as section except that the Secretary may increase the INFORMATION.— 5128; and proportion to carry out section 5116(b) and ‘‘(A) LIMITATION.—If the Administrator de- (2) by inserting after section 5126 the fol- decrease the proportion to carry out section termines that particular information devel- lowing: 5116(a) if the Secretary determines that such oped in research sponsored by the Adminis- ‘‘§ 5127. Judicial review reallocation is appropriate to carry out the tration may reveal a systemic vulnerability ‘‘(a) FILING AND VENUE.—Except as pro- intended uses of these funds as described in of transportation service or infrastructure, vided in section 20114(c) of this title, a person the applications submitted by States and In- such information may be disclosed only to— adversely affected or aggrieved by a final ac- dian tribes. ‘‘(i) a person responsible for the security of tion of the Secretary under this chapter may ‘‘(4) To carry out section 5116(f) of this the transportation service or infrastructure; petition for review of the final action in the title, $150,000 for each of fiscal years 2005 ‘‘(ii) a person responsible for protecting United States Court of Appeals for the Dis- through 2009. public safety; or trict of Columbia or in the court of appeals ‘‘(5) To carry out section 5116(i)(4) of this ‘‘(iii) an officer, employee, or agent of the of the United States for the circuit in which title, $150,000 for each of fiscal years 2005 Federal Government, or a State or local gov- the person resides or has a principal place of through 2009. ernment, who, as determined by the Admin- business. The petition shall be filed not more ‘‘(6) To carry out section 5116(j) of this istrator, has need for such information in than 60 days after the action of the Sec- title, $1,000,000 for each of fiscal years 2005 the performance of official duties. retary becomes final. through 2009. ‘‘(B) TREATMENT OF RELEASE.—The release ‘‘(b) PROCEDURES.—When a petition on a ‘‘(7) To publish and distribute an emer- of information under subparagraph (A) shall final action is filed under subsection (a) of gency response guidebook under section not be treated as a release to the public for this section, the clerk of the court shall im- 5116(i)(3) of title 49, United States Code, purposes of section 552 of title 5.’’. mediately send a copy of the petition to the $750,000 for each of fiscal years 2005 through SEC. 7362. MAILABILITY OF HAZARDOUS MATE- Secretary. The Secretary shall file with the 2009. RIALS. court a record of any proceeding in which ‘‘(c) SECTION 5121 REPORTS.—There are au- (a) NONMAILABILITY GENERALLY.—Section the final action was issued as provided in thorized to be appropriated to the Secretary 3001 of title 39, United States Code, is amend- section 2112 of title 28. of Transportation for the use of the Bureau ed— ‘‘(c) AUTHORITY OF COURT.—The court in of Transportation Statistics such sums as (1) by redesignating subsection (n) as sub- which a petition on a final action is filed may be necessary to carry out section 5121(h) section (o); and under subsection (a) of this section has ex- of this title.’’. (2) by inserting after subsection (m) the clusive jurisdiction, as provided in sub- ‘‘(d) CREDIT TO APPROPRIATIONS.—The Sec- following: chapter II of chapter 5 of title 5 to affirm or retary may credit to any appropriation to ‘‘(n)(1) Except as otherwise authorized by set aside any part of the final action and carry out this chapter an amount received law or regulations of the Postal Service may order the Secretary to conduct further from a State, political subdivision of a under section 3018 of this title, hazardous proceedings. State, Indian tribe, or other public authority material is nonmailable.

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‘‘(2) In this subsection, the term ‘hazardous ‘‘(f) CIVIL ACTIONS TO COLLECT.— shall provide for the appropriate handling material’ means a substance or material des- ‘‘(1) IN GENERAL.—In accordance with sec- and disposition of any hazardous material ignated by the Secretary of Transportation tion 4409(d) of this title, a civil action may discovered pursuant to inspections under the as hazardous material under section 5103(a) be commenced in an appropriate district program under subsection (a). of title 49.’’. court of the United States to collect a civil SEC. 7365. INFORMATION ON HAZMAT REGISTRA- (b) MAILABILITY.— penalty, clean-up costs, and damages as- TIONS. (1) IN GENERAL.—Chapter 30 of title 39, sessed under subsection (c). The Administrator of the Department of United States Code, is amended by adding at ‘‘(2) LIMITATION.—In a civil action under Transportation’s Research and Special Pro- the end the following: paragraph (1), the validity, amount, and ap- grams Administration shall— ‘‘§ 3018. Hazardous material propriateness of the civil penalty, clean-up (1) transmit current hazardous material costs, and damages covered by the civil ac- ‘‘(a) IN GENERAL.—The Postal Service shall registrant information to the Federal Motor tion shall not be subject to review. prescribe regulations for the safe transpor- Carrier Safety Administration to cross ref- ‘‘(3) COMPROMISE.—The Postal Service may tation of hazardous material in the mails. erence the registrant’s Federal motor carrier compromise the amount a civil penalty, ‘‘(b) PROHIBITIONS.—No person may— registration number; and clean-up costs, and damages assessed under ‘‘(1) mail or cause to be mailed hazardous (2) notify the Federal Motor Carrier Safety subsection (c) before commencing a civil ac- material that has been declared by statute Administration immediately, and provide a tion with respect to such civil penalty, or Postal Service regulation to be non- registrant’s United States Department of clean-up costs, and damages under paragraph mailable; Transportation identification number to the (1). ‘‘(2) mail or cause to be mailed hazardous Administration, whenever a new registrant ‘‘(g) CIVIL JUDICIAL PENALTIES.— material in violation of any statute or Post- registers to transport hazardous materials as ‘‘(1) IN GENERAL.—At the request of the al Service regulation restricting the time, a motor carrier. Postal Service, the Attorney General may place, or manner in which hazardous mate- SEC. 7366. REPORT ON APPLYING HAZARDOUS bring a civil action in an appropriate district rial may be mailed; or MATERIALS REGULATIONS TO PER- court of the United States to enforce this ‘‘(3) manufacture, distribute, or sell any SONS WHO REJECT HAZARDOUS MA- section or a regulation prescribed under this container, packaging kit, or similar device TERIALS. section. that— Within 6 months after the date of enact- ‘‘(2) RELIEF.—The court in a civil action ‘‘(A) is represented, marked, certified, or ment of this Act, the Secretary of Transpor- under paragraph (1) may award appropriate sold by such person for use in the mailing of tation shall complete an assessment of the relief, including a temporary or permanent hazardous material; and costs and benefits of subjecting persons who injunction, civil penalties as determined in ‘‘(B) fails to conform with any statute or reject hazardous material for transportation accordance with this section, or punitive Postal Service regulation setting forth in commerce to the hazardous materials laws damages. standards for a container, packaging kit, or and regulations. In completing this assess- ‘‘(3) CONSTRUCTION.—A civil action under similar device used for the mailing of haz- ment, the Secretary shall— this subsection shall be in lieu of civil pen- ardous material. (1) estimate the number of affected em- alties for the same violation under sub- ‘‘(c) CIVIL PENALTY.— ployers and employees; section (c)(1)(A). ‘‘(1) IN GENERAL.—A person who knowingly (2) determine what actions would be re- ‘‘(h) DEPOSIT OF AMOUNTS COLLECTED.— quired by them to comply with such laws violates this section or a regulation pre- Amounts collected under this section shall scribed under this section shall be liable to and regulations; and be deposited into the Postal Service Fund (3) consider whether and to what extent the Postal Service for— under section 2003 of this title.’’. ‘‘(A) a civil penalty of at least $250, but not the application of Federal hazardous mate- (2) CONFORMING AMENDMENT.—The chapter rials laws and regulations should be limited more than $100,000, for each violation; analysis for chapter 30 of title 39, United ‘‘(B) the costs of any clean-up associated to— States Code, is amended by adding at the end (A) particular modes of transportation; with such violation; and the following: ‘‘(C) damages. (B) certain categories of employees; or ‘‘3018. Hazardous material.’’. ‘‘(2) KNOWING ACTION.—A person acts know- (C) certain classes or categories of haz- ingly for purposes of paragraph (1) when— (c) CONFORMING AMENDMENT.—Section ardous materials. ‘‘(A) the person has actual knowledge of 2003(b) of title 39, United States Code, is SEC. 7367. NATIONAL FIRST RESPONDER TRANS- amended— the facts giving rise to the violation; or PORTATION INCIDENT RESPONSE (1) by striking ‘‘and’’ after the semicolon ‘‘(B) a reasonable person acting in the cir- SYSTEM. in paragraph (7); cumstances and exercising reasonable care (a) IN GENERAL.—The Secretary of Trans- (2) by striking ‘‘purposes.’’ in paragraph (8) would have had that knowledge. portation shall provide funding to the Oper- and inserting ‘‘purposes; and’’; and ‘‘(3) KNOWLEDGE OF STATUTE OR REGULATION ation Respond Institute to design, build, and (3) by adding at the end the following: NOT ELEMENT OF OFFENSE.—Knowledge of the operate a seamless first responder hazardous existence of a statutory provision or Postal ‘‘(9) any amounts collected under section materials incident detection, preparedness, Service regulation is not an element of an of- 3018 of this title.’’. and response system. fense under this subsection. SEC. 7363. CRIMINAL MATTERS. (b) OREIS EXPANSION.— Section 845(a)(1) of title 18, United States ‘‘(4) SEPARATE VIOLATIONS.— (1) IN GENERAL.—The system designed, Code, is amended by striking ‘‘which are reg- ‘‘(A) VIOLATIONS OVER TIME.—A separate built, and operated by the Institute shall in- ulated’’ and all that follows and inserting violation under this subsection occurs for clude an expansion of the Operation Respond ‘‘that is subject to the authority of the De- each day hazardous material, mailed or Emergency Information System. partments of Transportation and Homeland cause to be mailed in noncompliance with (2) FUNCTIONALITY.—The Secretary may re- Security;’’. this section, is in the mail. quire that the system designed by the Oper- SEC. 7364. CARGO INSPECTION PROGRAM. ‘‘(B) SEPARATE ITEMS.—A separate viola- ation Respond Institute function across mul- (a) IN GENERAL.—The Secretary of Trans- tion under this subsection occurs for each tiple transportation modes. portation may establish a program of ran- item containing hazardous material that is (c) AUTHORIZATION OF APPROPRIATIONS.— dom inspections of cargo at points of entry mailed or caused to be mailed in noncompli- There are authorized to be appropriated to into the United States for the purpose of de- the Secretary to carry out this section ance with this section. termining the extent to which undeclared ‘‘(d) HEARINGS.—The Postal Service may $5,000,000 for each of fiscal years 2005 through hazardous material is being offered for trans- 2009. determine that a person has violated this portation in commerce through such points section or a regulation prescribed under this of entry. SEC. 7368. HAZARDOUS MATERIAL TRANSPOR- TATION PLAN REQUIREMENT. section only after notice and an opportunity (b) INSPECTIONS.—Under the program under for a hearing. subsection (a)— (a) IN GENERAL.—Subpart I of part 172 of ‘‘(e) PENALTY CONSIDERATIONS.—In deter- (1) an officer of the Department of Trans- the Department of Transportation’s regula- mining the amount of a civil penalty for a portation who is not located at a point of tions (49 C.F.R. 172.800 et seq.), or any subse- violation of this section, the Postal Service entry into the United States may select at quent Department of Transportation regula- shall consider— random cargo shipments at points of entry tion in pari materia, does not apply to the ‘‘(1) the nature, circumstances, extent, and into the United States for inspection; and surface transportation activities of a farmer gravity of the violation; (2) an officer or employee of the Depart- that are— ‘‘(2) with respect to the person who comment may open and inspect each cargo ship- (1) in direct support of the farmer’s farm- mitted the violation, the degree of culpa- ment so selected for the purpose described in ing operations; and bility, any history of prior violations, the subsection (a). (2) conducted within a 150-mile radius of ability to pay, and any effect on the ability (c) COORDINATION.—The Secretary of Trans- those operations. to continue in business; portation shall coordinate any inspections (b) FARMER DEFINED.—In this section, the ‘‘(3) the impact on Postal Service oper- under the program under subsection (a) with term ‘‘farmer’’ means a person— ations; and the Secretary of Homeland Security. (1) actively engaged in the production or ‘‘(4) any other matters that justice re- (d) DISPOSITION OF HAZARDOUS MATE- raising of crops, poultry, livestock, or other quires. RIALS.—The Secretary of Transportation agricultural commodities; and

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WELDED RAIL AND TANK CAR SAFETY (6) The Research and Innovative Tech- way transportation and that can be used to IMPROVEMENTS. nology Administration. facilitate decisionmaking regarding the (a) TRACK STANDARDS.— (7) The Pipeline and Hazardous Materials routing of hazardous materials shipments (1) IN GENERAL.—Within 90 days after the Safety Administration. and the development of regulations regard- date of enactment of this Act, the Federal (8) The Department of Homeland Security. ing mandatory routing decisions. Railroad Administration shall— (9) The Department of Energy. (5) RESPONSE COVERAGE.—The purpose of at (A) require each track owner using contin- (10) The Environmental Protection Agen- least one of the studies to be conducted uous welded rail track to include procedures cy. under the research program shall be to pro- (in its procedures filed with the Administra- (11) A State department of transportation. vide an assessment of the quality of response tion pursuant to section 213.119 of title 49, (12) A State emergency management agen- coverage for hazardous materials incidents, Code of Federal Regulations) to improve the cy. including cost-effective strategies for im- identification of cracks in rail joint bars; (13) A nonprofit organization representing proving response capabilities and making (B) instruct Administration track inspec- emergency responders. recommendations on systematic approaches tors to obtain copies of the most recent con- (14) A hazmat employer. that could be used to allocate government tinuous welded rail programs of each rail- (15) A nonprofit organization representing funding to enhance response capability. road within the inspectors’ areas of responsi- hazmat employees. (e) IMPLEMENTATION.—The Secretary of bility and require that inspectors use those (16) A hazardous materials shipper. Transportation shall make grants to, and programs when conducting track inspec- (17) A hazardous materials manufacturer. enter a cooperative agreement with, the Na- tions; and (18) An organization representing the haz- tional Academy of Sciences to carry out ac- (C) establish a program to review contin- ardous materials manufacturing industry. tivities under this Act. uous welded rail joint bar inspection data (19) A research university or research insti- (f) REPORT.—Not later than 1 year after the from railroads and Administration track in- tution. date of enactment of this Act, the Secretary spectors periodically. (20) Additional representatives as the Sec- shall transmit a report to the Committee on (2) Whenever the Administration deter- retary considers appropriate. Transportation and Infrastructure of the (c) RESEARCH STUDIES.—Under the coopera- mines that it is necessary or appropriate the House of Representatives and the Committee tive research program, the governing board Administration may require railroads to in- on Commerce, Science, and Transportation shall select cooperative research studies of crease the frequency of inspection, or im- of the Senate on the effectiveness of the pro- hazardous materials transportation that are prove the methods of inspection, of joint gram in meeting the needs of government cross-cutting in nature and that consider and the private sector for cooperative re- bars in continuous welded rail. issues not adequately addressed by existing (b) TANK CAR STANDARDS.—The Federal search on hazardous materials transpor- Federal or private sector research programs. tation. Railroad Administration shall— Priority shall be given to research studies (1) validate a predictive model to quantify (g) DEFINITIONS.—In this section, the terms that will yield results immediately applica- ‘hazmat employer’ and ‘hazmat employee’ the relevant dynamic forces acting on rail- ble to risk analysis and mitigation or that have the meaning given those terms in sec- road tank cars under accident conditions will strengthen the ability of first responders tion 5102 of title 49, United States Code. within 1 year after the date of enactment of to respond to incidents and accidents involv- this Act; and ing transportation of hazardous materials. CHAPTER 3—SANITARY FOOD (2) initiate a rulemaking to develop and (d) SPECIAL RULES REGARDING STUDIES.— TRANSPORTATION implement appropriate design standards for (1) SAFETY AND SECURITY.—The purpose of SEC. 7381. SHORT TITLE. pressurized tank cars within 18 months after at least one of the studies to be conducted This chapter may be cited as the ‘‘Sanitary the date of enactment of this Act. under the cooperative research program Food Transportation Act of 2005’’. (c) OLDER TANK CAR IMPACT RESISTANCE shall be— SEC. 7382. RESPONSIBILITIES OF THE SEC- ANALYSIS AND REPORT.—Within 1 year after (A) to provide an assessment of opportuni- RETARY OF HEALTH AND HUMAN the date of enactment of this Act the Fed- ties for integrating and supplementing safe- SERVICES. eral Railroad Administration shall conduct a ty and security measures for hazardous ma- (a) UNSANITARY TRANSPORT DEEMED ADUL- comprehensive analysis to determine the im- terials transportation; TERATION.—Section 402 of the Federal Food, pact resistance of the steels in the shells of (B) to identify areas where safety and secu- Drug, and Cosmetic Act (21 U.S.C. 342) is pressure tank cars constructed before 1989. rity measures currently utilized in the trans- amended by adding at the end the following: Within 6 months after completing that anal- portation of hazardous materials conflict or ‘‘(i) NONCOMPLIANCE WITH SANITARY TRANS- ysis the Administration shall— complement one another; PORTATION PRACTICES.—If the food is trans- (1) establish a program to rank those cars (C) to outline a comprehensive approach to ported under conditions that are not in com- according to their risk of catastrophic frac- hazardous materials transportation that ef- pliance with the sanitary transportation ture and separation; fectively incorporates safety and security practices prescribed by the Secretary under (2) implement measures to eliminate or procedures; section 416.’’. mitigate this risk; and (D) to produce a model of reasonable State (b) SANITARY TRANSPORTATION REQUIRE- (3) transmit a report to the Senate Com- and local risk response and management MENTS.—Chapter IV of the Federal Food, mittee on Commerce, Science, and Transpor- plans that effectively address safety and se- Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) tation and the House of Representatives curity of hazardous materials transpor- is amended by adding at the end the fol- Committee on Transportation and Infra- tation; and lowing: structure setting forth the measures imple- (E) to provide an assessment of the need ‘‘SEC. 416. SANITARY TRANSPORTATION PRAC- mented. and feasibility of substituting less lethal TICES. (d) AUTHORIZATION OF APPROPRIATIONS.— substances than toxic inhalation hazards in ‘‘(a) DEFINITIONS.—In this section: There are authorized to be appropriated to the manufacturing process. ‘‘(1) BULK VEHICLE.—The term ‘bulk vehi- the Federal Railroad Administration (2) PERFORMANCE DATA FOR BULK CON- cle’ includes a tank truck, hopper truck, rail $1,000,000 for fiscal year 2006 to carry out this TAINERS.—The purpose of at least one of the tank car, hopper car, cargo tank, portable section, such sums to remain available until studies to be conducted under the research tank, freight container, or hopper bin, and expended. program shall be to provide— any other vehicle in which food is shipped in SEC. 7370. HAZARDOUS MATERIALS COOPERA- (A) an analysis of, and recommendations bulk, with the food coming into direct con- TIVE RESEARCH PROGRAM. for, the design and funding of a nationwide tact with the vehicle. (a) IN GENERAL.—There are authorized to system capable of collecting and analyzing ‘‘(2) TRANSPORTATION.—The term ‘transpor- be appropriated to the Secretary of Trans- performance data from bulk containers in- tation’ means any movement in commerce portation $2,000,000 for each of fiscal years volved in transportation accidents; and by motor vehicle or rail vehicle. 2005 through 2009 to develop and administer a (B) recommendations that can be used to ‘‘(b) REGULATIONS.—The Secretary shall by hazardous materials cooperative research develop conditional release probabilities for regulation require shippers, carriers by program. various container design specifications (by motor vehicle or rail vehicle, receivers, and (b) GOVERNANCE.—The Secretary of Trans- transport mode). other persons engaged in the transportation portation shall establish an independent gov- (3) PACKAGING REQUIREMENTS.—The purpose of food to use sanitary transportation prac- erning board to select projects and studies to of at least one of the studies to be conducted tices prescribed by the Secretary to ensure be carried out under the hazardous materials under the research program shall be to pro- that food is not transported under conditions cooperative research program. The Board vide an analysis of recommendations on ap- that may render the food adulterated. shall be comprised of one voting representa- propriate packaging requirements for those ‘‘(c) CONTENTS.—The regulations shall— tive from the following: hazardous materials that are most fre- ‘‘(1) prescribe such practices as the Sec- (1) The Federal Aviation Administration. quently involved in release incidents. retary determines to be appropriate relating (2) The Federal Motor Carrier Administra- (4) ROUTING.—The purpose of at least one of to— tion. the studies to be conducted under the re- ‘‘(A) sanitation;

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‘‘(B) packaging, isolation, and other pro- (1) RECORDS INSPECTION.—Section 301(e) of ‘‘(3) SHIPMENTS OF HOUSEHOLD GOODS.— tective measures; the Federal Food, Drug, and Cosmetic Act ‘‘(A) IN GENERAL.—A carrier providing ‘‘(C) limitations on the use of vehicles; (21 U.S.C. 331(e)) is amended by inserting transportation for a shipment of household ‘‘(D) information to be disclosed— ‘‘416,’’ before ‘‘504,’’ each place it appears. goods shall give up possession of the house- ‘‘(i) to a carrier by a person arranging for (2) UNSAFE FOOD TRANSPORTATION.—Section hold goods transported at the destination the transport of food; and 301 of the Federal Food, Drug, and Cosmetic upon payment of— ‘‘(ii) to a manufacturer or other person Act (21 U.S.C. 331) is amended by adding at ‘‘(i) 100 percent of the charges contained in that— the end the following: a binding estimate provided by the carrier; ‘‘(I) arranges for the transportation of food ‘‘(hh) NONCOMPLIANCE WITH SANITARY ‘‘(ii) not more than 110 percent of the by a carrier; or TRANSPORTATION PRACTICES.—The failure by charges contained in a nonbinding estimate ‘‘(II) furnishes a tank vehicle or bulk vehi- a shipper, carrier by motor vehicle or rail ve- provided by the carrier; or cle for the transportation of food; and hicle, receiver, or any other person engaged ‘‘(iii) in the case of a partial delivery of the ‘‘(E) recordkeeping; and in the transportation of food to comply with shipment, the prorated percentage of the ‘‘(2) include— the sanitary transportation practices pre- charges calculated in accordance with sub- ‘‘(A) a list of nonfood products that the scribed by the Secretary under section 416.’’. paragraph (B). Secretary determines may, if shipped in a SEC. 7383. DEPARTMENT OF TRANSPORTATION ‘‘(B) CALCULATION OF PRORATED CHARGES.— bulk vehicle, render adulterated food that is REQUIREMENTS. For purposes of subparagraph (A)(iii), the subsequently transported in the same vehi- Chapter 57, is amended to read as follows: prorated percentage of the charges shall be cle; and ‘‘CHAPTER 57—SANITARY FOOD the percentage of the total charges due to ‘‘(B) a list of nonfood products that the TRANSPORTATION the carrier as described in clause (i) or (ii) of Secretary determines may, if shipped in a ‘‘Sec. subparagraph (A) that is equal to the per- motor vehicle or rail vehicle (other than a ‘‘5701. Food transportation safety inspec- centage of the weight of that portion of the tank vehicle or bulk vehicle), render adulter- tions. shipment delivered to the total weight of the ated food that is simultaneously or subse- ‘‘§ 5701. Food transportation safety inspec- shipment. quently transported in the same vehicle. tions ‘‘(C) POST-CONTRACT SERVICES.—Subpara- ‘‘(d) WAIVERS.— graph (A) does not apply to additional serv- ‘‘(a) INSPECTION PROCEDURES.— ‘‘(1) IN GENERAL.—The Secretary may ices requested by a shipper after the contract ‘‘(1) IN GENERAL.—The Secretary of Trans- waive any requirement under this section, of service is executed that were not included portation, in consultation with the Sec- with respect to any class of persons, vehi- in the estimate. retary of Health and Human Services and the cles, food, or nonfood products, if the Sec- ‘‘(D) IMPRACTICABLE OPERATIONS.—Subpara- Secretary of Agriculture, shall— retary determines that the waiver— graph (A) does not apply to impracticable op- ‘‘(A) establish procedures for transpor- ‘‘(A) will not result in the transportation erations, as defined by the applicable carrier tation safety inspections for the purpose of of food under conditions that would be un- tariff, except that the charges collected at identifying suspected incidents of contami- safe for human or animal health; and delivery for such operations shall not exceed nation or adulteration of— ‘‘(B) will not be contrary to the public in- 15 percent of all other charges due at deliv- ‘‘(i) food in violation of regulations pro- terest. ery. Any remaining charges due shall be paid mulgated under section 416 of the Federal ‘‘(2) PUBLICATION.—The Secretary shall within 30 days after the carrier presents its publish in the Federal Register any waiver Food, Drug, and Cosmetic Act; freight bill.’’. and the reasons for the waiver. ‘‘(ii) meat subject to detention under section 402 of the Federal Meat Inspection Act SEC. 7404. HOUSEHOLD GOODS CARRIER OPER- ‘‘(e) PREEMPTION.— ATIONS. (21 U.S.C. 672); and ‘‘(1) IN GENERAL.—No State or political Section 14104(b) is amended— ‘‘(iii) poultry products subject to detention subdivision of a State may directly or indi- (1) by striking ‘‘135, upon request of a pro- under section 19 of the Poultry Products In- rectly establish or continue in effect, as to spective shipper, may provide’’ in paragraph spection Act (21 U.S.C. 467a); and any food in interstate commerce, any au- (1) and inserting ‘‘ 135 shall provide’’; ‘‘(B) train personnel of the Department of thority or requirement concerning transpor- (2) by striking ‘‘services.’’ the first place it Transportation in the appropriate use of the tation of food that is not identical to an au- appears in paragraph (1) and inserting ‘‘serv- procedures. thority or requirement under this section. ices in accordance with the requirements of ‘‘(2) APPLICABILITY.—The procedures estab- ‘‘(2) APPLICABILITY.—This subsection ap- sections 375.401, 375.403, 375.405, and 375.213 of plies to transportation that occurs on or lished under paragraph (1) of this subsection shall apply, at a minimum, to Department of title 49, Code of Federal Regulations, as after the effective date of the regulations those requirements were in effect on the date promulgated under subsection (b). Transportation personnel that perform commercial motor vehicle or railroad safety in- of enactment of the Surface Transportation ‘‘(f) ASSISTANCE OF OTHER AGENCIES.—The spections. Safety Improvement Act of 2005 or may Secretary of Transportation, the Secretary thereafter be revised.’’; ‘‘(b) NOTIFICATION OF SECRETARY OF of Agriculture, the Administrator of the En- (3) by redesignating paragraph (2) as para- HEALTH AND HUMAN SERVICES OR SECRETARY vironmental Protection Agency, and the graph (4); and OF AGRICULTURE.—The Secretary of Trans- heads of other Federal agencies, as appro- portation shall promptly notify the Sec- (4) by inserting after paragraph (1) the fol- priate, shall provide assistance on request, retary of Health and Human Services or the lowing: to the extent resources are available, to the Secretary of Agriculture, as applicable, of ‘‘(2) OTHER INFORMATION.—At the time that Secretary for the purposes of carrying out any instances of potential food contamina- a motor carrier provides the written esti- this section.’’. tion or adulteration of a food identified dur- mate required by paragraph (1), the motor (c) INSPECTION OF TRANSPORTATION ing transportation safety inspections. carrier shall provide the shipper a copy of RECORDS.— ‘‘(c) USE OF STATE EMPLOYEES.—The means the Department of Transportation publica- (1) REQUIREMENT.—Section 703 of the Fed- by which the Secretary of Transportation tion FMCSA–ESA–03–005 (or its successor eral Food, Drug, and Cosmetic Act (21 U.S.C. carries out subsection (b) of this section may edition or publication) entitled ‘Ready to 373) is amended— include inspections conducted by State em- Move?’. Before the execution of a contract (A) by striking the section heading and all ployees using funds authorized to be appro- for service, a motor carrier shall provide the that follows through ‘‘For the purpose’’ and priated under sections 31102 through 31104 of shipper a copy of the Department of Trans- inserting the following: this title.’’. portation publication OCE 100, entitled ‘Your ‘‘SEC. 703. RECORDS. Rights and Responsibilities When You Move’ SEC. 7384. EFFECTIVE DATE. ‘‘(a) IN GENERAL.—For the purpose’’; and This chapter takes effect on October 1, required by section 375.2 of title 49, Code of (B) by adding at the end the following: 2005. Federal Regulations (or any corresponding ‘‘(b) FOOD TRANSPORTATION RECORDS.—A similar regulation). CHAPTER 4—HOUSEHOLD GOODS shipper, carrier by motor vehicle or rail ve- ‘‘(3) BINDING AND NONBINDING ESTIMATES.— MOVERS hicle, receiver, or other person subject to The written estimate required by paragraph section 416 shall, on request of an officer or SEC. 7401. SHORT TITLE. (1) may be either binding or nonbinding. The employee designated by the Secretary, per- This chapter may be cited as the ‘‘House- written estimate shall be based on a visual mit the officer or employee, at reasonable hold Goods Mover Oversight Enforcement inspection of the household goods if the times, to have access to and to copy all and Reform Act of 2005’’. household goods are located within a 50-mile records that the Secretary requires to be SEC. 7402. DEFINITIONS. radius of the location of the carrier’s house- kept under section 416(c)(1)(E).’’. In this chapter, the terms ‘‘carrier’’, hold goods agent preparing the estimate. The (2) CONFORMING AMENDMENT.—Subsection ‘‘household goods’’, ‘‘motor carrier’’, ‘‘Sec- Secretary may not prohibit any such carrier (a) of section 703 of the Federal Food, Drug, retary’’, and ‘‘transportation’’ have the from charging a prospective shipper for pro- and Cosmetic Act (as designated by para- meaning given such terms in section 13102 of viding a written, binding estimate for the graph (1)(A)) is amended by striking ‘‘car- title 49, United States Code. transportation and related services.’’. riers.’’ and inserting ‘‘carriers, except as pro- SEC. 7403. PAYMENT OF RATES. SEC. 7405. LIABILITY OF CARRIERS UNDER RE- vided in subsection (b)’’. Section 13707(b) is amended by adding at CEIPTS AND BILLS OF LADING. (d) PROHIBITED ACTS.— the end the following: Section 14706(f) is amended—

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00170 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4781 (1) by resetting the text as a paragraph in- vide information included in the agreement, retary or the Board thereunder, or to impose dented 2 ems from the left margin and in- to the Secretary for use in evaluating dis- the civil penalties authorized by this part or serting ‘‘(1) IN GENERAL.—’’ before ‘‘A car- pute settlement programs under this sub- such regulation or order, whenever the attor- rier’’; and section. Notwithstanding anything to the ney general of the State has reason to be- (2) by adding at the end, the following: contrary in section 552 of title 5, United lieve that the interests of the residents of ‘‘(2) FULL VALUE PROTECTION OBLIGATION.— States Code, the Secretary may not post on the State have been or are being threatened Unless the carrier receives a waiver in writ- the Department of Transportation’s elec- or adversely affected by a carrier or broker ing under paragraph (3), a carrier’s max- tronic docket system, or make available to providing transportation subject to jurisdic- imum liability for household goods that are any requester in paper or electronic format, tion under subchapter I or III of chapter 135 lost, damaged, destroyed, or otherwise not any information submitted to the Secretary of this title, or a foreign motor carrier pro- delivered to the final destination is an by a motor carrier or shipper under the pre- viding transportation registered under sec- amount equal to the replacement value of ceding sentence. The Secretary shall use the tion 13902 of this title, that is engaged in such goods, subject to a maximum amount settlement agreements or other information household goods transportation that violates equal to the declared value of the shipment, submitted by a motor carrier or shipper sole- this part or a regulation or order of the Sec- subject to rules issued by the Surface Trans- ly to evaluate the effectiveness of dispute retary or Board, as applicable, promulgated portation Board and applicable tariffs. settlement programs and shall not include in under this part. ‘‘(3) APPLICATION OF RATES.—The released the report required by this subsection the ‘‘(b) NOTICE.—The State shall serve written rates established by the Board under para- names, or other identifying information con- notice to the Secretary or the Board, as the graph (1) (commonly known as ‘released cerning, motor carriers or shippers that sub- case may be, of any civil action under sub- rates’) shall not apply to the transportation mitted comments or information under this section (a) prior to initiating such civil ac- of household goods by a carrier unless the li- subsection. tion. The notice shall include a copy of the ability of the carrier for the full value of SEC. 7407. ENFORCEMENT OF REGULATIONS RE- complaint to be filed to initiate such civil such household goods under paragraph (2) is LATED TO TRANSPORTATION OF action, except that if it is not feasible for the waived in writing by the shipper.’’. HOUSEHOLD GOODS. State to provide such prior notice, the State SEC. 7406. ARBITRATION REQUIREMENTS. (a) NONPREEMPTION OF INTRASTATE TRANS- shall provide such notice immediately upon PORTATION OF HOUSEHOLD GOODS.—Section (a) OFFERING SHIPPERS ARBITRATION.—Sec- instituting such civil action. tion 14708(a) is amended by inserting before 14501(c)(2)(B) is amended by inserting ‘‘intra- ‘‘(c) AUTHORITY TO INTERVENE.—Upon re- the period at the end the following: ‘‘and to state’’ before ‘‘transportation’’. ceiving the notice required by subsection (b), (b) ENFORCEMENT OF FEDERAL LAW WITH determine whether carrier charges, in addi- the Secretary or Board may intervene in RESPECT TO INTERSTATE HOUSEHOLD GOODS tion to those collected at delivery, must be such civil action and upon intervening— CARRIERS.— paid by the shipper for transportation and ‘‘(1) be heard on all matters arising in such (1) IN GENERAL.—Chapter 147 is amended by services related to the transportation of civil action; and adding at the end the following: household goods’’. ‘‘(2) file petitions for appeal of a decision (b) THRESHOLD FOR BINDING ARBITRATION.— ‘‘§ 14710. Enforcement of Federal laws and in such civil action. Section 14708(b)(6) is amended by striking regulations with respect to transportation ‘‘(d) CONSTRUCTION.—For purposes of bring- ‘‘$5,000’’ each place it appears and inserting of household goods ing any civil action under subsection (a), ‘‘$10,000’’. ‘‘(a) ENFORCEMENT BY STATES.—Notwith- nothing in this section shall prevent the at- (c) DEADLINE FOR DECISION.—Section standing any other provision of this title, a torney general of a State from exercising the 14708(b)(8) is amended— State authority may enforce the consumer powers conferred on the attorney general by (1) by striking ‘‘and’’; and protection provisions that apply to indi- the laws of such State to conduct investiga- (2) by inserting after ‘‘for damages’’ the vidual shippers, as determined by the Sec- tions or to administer oaths or affirmations following: ‘‘, and an order requiring the pay- retary of Transportation, of this title that or to compel the attendance of witnesses or ment of additional carrier charges’’. are related to the delivery and transpor- the production of documentary and other (d) ATTORNEY’S FEES TO SHIPPERS.—Sec- tation of household goods in interstate com- evidence. tion 14708(d)(3) is amended— merce. Any fine or penalty imposed on a car- ‘‘(e) VENUE; SERVICE OF PROCESS.—In a (1) by redesignating subparagraphs (A) and rier in a proceeding under this subsection civil action brought under subsection (a)— (B) as subparagraphs (B) and (C), respec- shall, notwithstanding any provision of law ‘‘(1) the venue shall be a Federal judicial tively; and to the contrary, be paid to and retained by district in which— (2) by inserting before subparagraph (B) (as the State. ‘‘(A) the carrier, foreign motor carrier, or so redesignated) the following: ‘‘(b) NOTICE.—The State shall serve written broker operates; ‘‘(A) the shipper was not advised by the notice to the Secretary or the Board, as the ‘‘(B) the carrier, foreign motor carrier, or carrier during the claim settlement process case may be, of any civil action under sub- broker was authorized to provide transpor- that a dispute settlement program was avail- section (a) prior to initiating such civil ac- tation at the time the complaint arose; or able to resolve the dispute;’’ tion. The notice shall include a copy of the ‘‘(C) where the defendant in the civil ac- (e) REVIEW AND REPORT ON DISPUTE SET- complaint to be filed to initiate such civil tion is found; TLEMENT PROGRAMS.— action, except that if it is not feasible for the ‘‘(2) process may be served without regard (1) REVIEW AND REPORT.—Not later than 18 State to provide such prior notice, the State to the territorial limits of the district or of months after the date of enactment of this shall provide such notice immediately upon the State in which the civil action is insti- Act, the Secretary of Transportation shall instituting such civil action. tuted; and complete a review of the outcomes and the ‘‘(c) ENFORCEMENT ASSISTANCE OUTREACH ‘‘(3) a person who participated with a car- effectiveness of the programs carried out PLAN.—The Federal Motor Carrier Safety rier or broker in an alleged violation that is under title 49, United States Code, to settle Administration shall implement an outreach being litigated in the civil action may be disputes between motor carriers and shippers plan to enhance the coordination and effec- joined in the civil action without regard to and submit a report on the review to the tive enforcement of Federal laws and regula- the residence of the person. Senate Committee on Commerce, Science, tions with respect to transportation of ‘‘(f) ENFORCEMENT OF STATE LAW.—Nothing and Transportation and the House of Rep- household goods between and among Federal contained in this section shall prohibit an resentatives Committee on Transportation and State law enforcement and consumer authorized State official from proceeding in and Infrastructure. The report shall de- protection authorities. The outreach shall State court to enforce a criminal statute of scribe— include, as appropriate, local law enforce- such State.’’. (A) the subject of, and amounts at issue in, ment and consumer protection authorities. (c) INDIVIDUAL SHIPPER DEFINED.—Section the disputes; ‘‘(d) STATE AUTHORITY DEFINED.—The term 13102 is amended by redesignating para- (B) patterns in disputes or settlements; ‘State authority’ means an agency of a State graphs (12) through (24) as paragraphs (13) (C) the prevailing party in disputes, if iden- that has authority under the laws of the through (25) and by inserting after paragraph tifiable; and State to regulate the intrastate movement (11) the following: (D) any other matters the Secretary con- of household goods. ‘‘(12) INDIVIDUAL SHIPPER.—The term ‘indi- siders appropriate. ‘‘§ 14711. Enforcement by State attorneys gen- vidual shipper’ means any person who— (2) REQUIREMENT FOR PUBLIC COMMENT.— eral ‘‘(A) is the shipper, consignor, or consignee The Secretary shall publish notice of the re- ‘‘(a) IN GENERAL.—A State, as parens of a household goods shipment; view required by paragraph (1) and provide patriae, may bring a civil action on behalf of ‘‘(B) is identified as the shipper, consignor, an opportunity for the public to submit com- its residents in an appropriate district court or consignee on the face of the bill of lading; ments on the effectiveness of such programs. of the United States to enforce the consumer ‘‘(C) owns the goods being transported; and Notwithstanding any confidentiality or non- protection provisions that apply to indi- ‘‘(D) pays his or her own tariff transpor- disclosure provision in a settlement agree- vidual shippers, as determined by the Sec- tation charges.’’. ment between a motor carrier and a shipper, retary of Transportation, of this title that (c) CONFORMING AMENDMENT.—The analysis it shall not be a violation of that provision are related to the delivery and transpor- for chapter 147 is amended by inserting after for a motor carrier or shipper to submit a tation of household goods in interstate com- the item relating to section 14709 the fol- copy of the settlement agreement, or to pro- merce, or regulations or orders of the Sec- lowing:

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4782 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘14710. Enforcement of Federal laws and reg- Science, and Transportation and the House sion of household goods shall be fined under ulations with respect to trans- of Representatives Committee on Transpor- title 18 or imprisoned for not more than 5 portation of household goods. tation and Infrastructure.’’. years, or both. ‘‘14711. Enforcement by State attorneys gen- (b) CONFORMING AMENDMENT.—The analysis ‘‘(c) FAILURE TO GIVE UP POSSESSION OF eral.’’. for chapter 141 is amended by inserting after HOUSEHOLD GOODS DEFINED.—For purposes of SEC. 7408. WORKING GROUP FOR DEVELOPMENT the item relating to section 14123 the fol- this section, the term ‘failed to give up pos- OF PRACTICES AND PROCEDURES lowing: session of household goods’ means the know- TO ENHANCE FEDERAL-STATE RELA- ‘‘14124. Consumer complaints.’’. ing and willful failure, in violation of a con- TIONS. SEC. 7411. REVIEW OF LIABILITY OF CARRIERS. tract, to deliver to, or unload at, the destina- (a) IN GENERAL.—Not later than 90 days (a) REVIEW.—Not later than 1 year after tion of a shipment of household goods that is after the date of enactment of this Act, the the date of enactment of this Act, the Sur- subject to jurisdiction under subchapter I or Secretary shall establish a working group of face Transportation Board shall complete a III of chapter 135 of this title, for which State attorneys general, State authorities review of the current Federal regulations recharges have been estimated by the motor that regulate the movement of household garding the level of liability protection pro- carrier providing transportation of such goods, and Federal and local law enforce- vided by motor carriers that provide trans- goods, and for which the shipper has ten- ment officials for the purpose of developing portation of household goods and revise such dered a payment described in clause (i), (ii), practices and procedures to enhance the Fed- regulations, if necessary, to provide en- or (iii) of section 13707(b)(3)(A) of this title.’’. eral-State partnership in enforcement ef- hanced protection in the case of loss or dam- (b) CONFORMING AMENDMENT.—The analysis forts, exchange of information, and coordina- age. for such chapter is amended by adding at the tion of enforcement efforts with respect to (b) DETERMINATIONS.—The review required end the following: interstate transportation of household goods by subsection (a) shall include a determina- and making legislative and regulatory rection of— ‘‘14915. Penalties for failure to give up pos- ommendations to the Secretary concerning (1) whether the current regulations provide session of household goods.’’. such enforcement efforts. adequate protection; SEC. 7414. PROGRESS REPORT. (b) CONSULTATION.—In carrying out sub- (2) the benefits of purchase by a shipper of Not later than 1 year after the date of en- section (a), the working group shall consult insurance to supplement the carrier’s limita- actment of this Act, the Secretary shall with industries involved in the transpor- tions on liability; transmit to Congress a report on the tation of household goods, the public, and (3) whether there are abuses of the current progress being made in implementing the other interested parties. regulations that leave the shipper unpro- provisions of this chapter. SEC. 7409. INFORMATION ABOUT HOUSEHOLD tected in the event of loss and damage to a SEC. 7415. ADDITIONAL REGISTRATION REQUIRE- GOODS TRANSPORTATION ON CAR- shipment of household goods; and MENTS FOR MOTOR CARRIERS OF RIERS’ WEBSITES. (4) whether the section 14706 of title 49, HOUSEHOLD GOODS. Not later than 1 year after the date of en- United States Code, should be modified. Section 13902(a) is amended— actment of this Act, the Secretary shall SEC. 7412. CIVIL PENALTIES RELATING TO (1) by striking paragraphs (2) and (3); modify the regulations contained in part 375 HOUSEHOLD GOODS BROKERS. (2) by redesignating paragraph (4) as para- of title 49, Code of Federal Regulations, to Section 14901(d) is amended— graph (5) and inserting after paragraph (1) require a motor carrier or broker that is sub- (1) by resetting the text as a paragraph in- the following: ject to such regulations and that establishes dented 2 ems from the left margin and in- (or has established) and maintains a website serting ‘‘(1) IN GENERAL.—’’ before ‘‘If a car- ‘‘(2) ADDITIONAL REGISTRATION REQUIRE- to prominently display on the website— rier’’; and MENTS FOR HOUSEHOLD GOODS TRANSPOR- (1) the number assigned to the motor car- (2) by adding at the end the following: TATION.—Notwithstanding paragraph (1), the rier or broker by the Department of Trans- ‘‘(2) ESTIMATE OF BROKER WITHOUT CARRIER Secretary may register a person to provide portation; AGREEMENT.—If a broker for transportation transportation of household goods (as de- (2) the OCE 100 publication referred to in of household goods subject to jurisdiction fined in section 13102(10) of this title) only section 14104(b)(2) of title 49, United States under subchapter I of chapter 135 of this title after that person— Code; and makes an estimate of the cost of trans- ‘‘(A) provides evidence of participation in (3) in the case of a broker, a list of all porting any such goods before entering into an arbitration program and provides a copy motor carriers providing transportation of an agreement with a carrier to provide of the notice of that program as required by household goods used by the broker and a transportation of household goods subject to section 14708(b)(2) of this title; statement that the broker is not a motor such jurisdiction, the broker is liable to the ‘‘(B) identifies its tariff and provides a carrier providing transportation of house- United States for a civil penalty of not less copy of the notice of the availability of that hold goods. than $10,000 for each violation. tariff for inspection as required by section ‘‘(3) UNAUTHORIZED TRANSPORTATION.—If a 13702(c) of this title; SEC. 7410. CONSUMER COMPLAINTS. ‘‘(C) provides evidence that it has access (a) REQUIREMENT FOR DATABASE.—Sub- person provides transportation of household goods subject to jurisdiction under sub- to, has read, is familiar with, and will ob- chapter II of chapter 141 is amended by add- serve all laws relating to consumer protec- ing at the end the following: chapter I of chapter 135 this title or provides broker services for such transportation with- tion, estimating, consumers’ rights and re- ‘‘§ 14124. Consumer complaints out being registered under chapter 139 of this sponsibilities, and options for limitations of ‘‘(a) ESTABLISHMENT OF SYSTEM AND DATA- title to provide such transportation or serv- liability for loss and damage; and BASE.—The Secretary of Transportation ices as a motor carrier or broker, as the case ‘‘(D) discloses any relationship involving shall— may be, such person is liable to the United common stock, common ownership, common ‘‘(1) establish a system to— States for a civil penalty of not less than management, or common familial relation- ‘‘(A) file and log a complaint made by a $25,000 for each violation.’’. ships between that person and any other shipper that relates to motor carrier trans- SEC. 7413. CIVIL AND CRIMINAL PENALTY FOR motor carrier, freight forwarder, or broker of portation of household goods; and FAILING TO GIVE UP POSSESSION household goods within the past 3 years. ‘‘(B) to solicit information gathered by a OF HOUSEHOLD GOODS. ‘‘(3) CONSIDERATION OF EVIDENCE; FIND- State regarding the number and type of com- (a) IN GENERAL.—Chapter 149 is amended INGS.—The Secretary shall consider, and, to plaints involving the interstate transpor- by adding at the end the following: the extent applicable, make findings on any tation of household goods; ‘‘§ 14915. Penalties for failure to give up pos- evidence demonstrating that the registrant ‘‘(2) establish a database of such com- session of household goods is unable to comply with any applicable re- plaints; and ‘‘(a) CIVIL PENALTY.—Whoever is found to quirement of paragraph (1) or, in the case of ‘‘(3) develop a procedure— have failed to give up possession of house- a registrant to which paragraph (2) applies, ‘‘(A) to provide public access to the data- hold goods is liable to the United States for paragraph (1) or (2). base, subject to section 522a of title 5; a civil penalty of not less than $10,000. Each ‘‘(4) WITHHOLDING.—If the Secretary deter- ‘‘(B) to forward a complaint, including the day a carrier is found to have failed to give mines that a registrant under this section motor carrier bill of lading number, if up possession of household goods may con- does not meet, or is not able to meet, any re- known, related to the complaint to a motor stitute a separate violation. If such person is quirement of paragraph (1) or, in the case of carrier named in such complaint and to an a carrier or broker, the Secretary may sus- a registrant to which paragraph (2) applies, appropriate State authority (as defined in pend the registration of such carrier or paragraph (1) or (2), the Secretary shall with- section 14710(c) in the State in which the broker under chapter 139 of this title for a hold registration.’’; and complainant resides; and period of not less than 12 months nor more (3) by adding at the end of paragraph (5), as ‘‘(C) to permit a motor carrier to challenge than 36 months. The force and effect of such redesignated, ‘‘In the case of a registration information in the database. suspension of a carrier or broker shall extend for the transportation of household goods (as ‘‘(b) SUMMARY TO CONGRESS.—The Sec- to and include any carrier or broker having defined in section 13102(10 of this title), the retary shall transmit a summary each year the same ownership or operational control as Secretary may also hear a complaint on the of the complaints filed and logged under sub- the suspended carrier or broker. ground that the registrant fails or will fail section (a) for the preceding calendar year to ‘‘(b) CRIMINAL PENALTY.—Whoever has been to comply with the requirements of para- the Senate Committee on Commerce, convicted of having failed to give up posses- graph (2) of this subsection.’’.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4783 Subtitle E—Sportfishing and Recreational tion thereof that is unobligated by the Sec- gram of the Fish and Wildlife Service in re- Boating Safety retary for that program may be expended by spect to fish of material value for sport or SEC. 7501. SHORT TITLE. the Secretary under subsection (c) of this recreation.’’ and inserting ‘‘to supplement This subtitle may be cited as the section.’’; the 57 percent of the balance of each annual ‘‘Sportfishing and Recreational Boating (3) by striking (b)(1)(A), as redesignated by appropriation to be apportioned among the Safety Act of 2005’’. paragraph (1), and inserting the following: States under section 4(b) of this Act.’’. ‘‘(A) SET-ASIDE.—For a fiscal year after fis- SEC. 7518. MULTISTATE CONSERVATION GRANT CHAPTER 1—FEDERAL AID IN SPORT FISH cal year 2005, the Secretary of the Interior PROGRAM. RESTORATION ACT AMENDMENTS may use no more than the amount specified Section 14 (16 U.S.C. 777m) is amended— SEC. 7511. AMENDMENT OF FEDERAL AID IN in subparagraph (B) for the fiscal year for ex- (1) by striking so much of subsection (a) as SPORT FISH RESTORATION ACT. penses of administration incurred in the im- precedes paragraph (2) and inserting the fol- Except as otherwise expressly provided, plementation of this Act, in accordance with lowing: whenever in this chapter an amendment or this section and section 9. The amount speci- ‘‘(a) IN GENERAL.— repeal is expressed in terms of an amend- fied in subparagraph (B) for a fiscal year may ‘‘(1) AMOUNT FOR GRANTS.—For each fiscal ment to, or repeal of, a section or other pro- not be included in the amount of the annual year after fiscal year 2005, not more than vision, the reference shall be considered to appropriation distributed under subsection $3,000,000 of each annual appropriation made be made to a section or other provision of (a) for the fiscal year.’’; in accordance with the provisions of section the Dingell-Johnson Sport Fish Restoration (4) by striking ‘‘Secretary of the Interior, 3 shall be distributed to the Secretary of the Act (16 U.S.C. 777 et seq.). after the distribution, transfer, use, and de- Interior for making multistate conservation SEC. 7512. AUTHORIZATION OF APPROPRIATIONS. duction under subsections (a), (b), (c), and project grants in accordance with this sec- (d), respectively, and after deducting (a) IN GENERAL.—Section 3 (16 U.S.C. 777b) tion.’’; is amended— amounts used for grants under section 14, (2) by striking ‘‘section 4(e)’’ each place it (1) by striking ‘‘the succeeding fiscal shall apportion the remainder’’ in subsection appears in subsection (a)(2)(B) and inserting year.’’ in the third sentence and inserting (c), as redesignated by paragraph (1), and in- ‘‘section 4(c)’’; and ‘‘succeeding fiscal years.’’; and serting ‘‘Secretary, for a fiscal year after fis- (3) by striking ‘‘Of the balance of each an- (2) by striking ‘‘in carrying on the research cal year 2005, after the distribution, transfer, nual appropriation made under section 3 re- use and deduction under subsection (b), and program of the Fish and Wildlife Service in maining after the distribution and use under after deducting amounts used for grants respect to fish of material value for sport subsections (a), (b), and (c) of section 4 for under section 14 of this title, shall apportion and recreation.’’ and inserting ‘‘to supple- each fiscal year and after deducting amounts 57 percent of the balance’’; ment the 57 percent of the balance of each used for grants under subsection (a)—’’ in (5) by striking ‘‘per centum’’ each place it annual appropriation to be apportioned subsection (e) and inserting ‘‘Of amounts appears in subsection (c), as redesignated by among the States, as provided for in section made available under section 4(b) for each paragraph (1), and inserting ‘‘percent’’; 4(c).’’. fiscal year—’’. (6) by striking ‘‘subsections (a), (b)(3)(A), (b) CONFORMING AMENDMENTS.— (b)(3)(B), and (c)’’ in paragraph (1) of sub- SEC. 7519. EXPENDITURES FROM BOAT SAFETY (1) IN GENERAL.—The first sentence of sec- ACCOUNT. section (e), as redesignated by paragraph (1), tion 3 (16 U.S.C. 777b) is amended— The Act is amended by adding at the end and inserting ‘‘paragraphs (1), (3), (4), and (5) (A) by striking ‘‘Sport Fish Restoration the following: of subsection (a)’’; and Account’’ and inserting ‘‘Sport Fish Restora- (7) by adding at the end the following: ‘‘SEC. 15. EXPENDITURES FROM BOAT SAFETY AC- tion and Boating Trust Fund’’; and ‘‘(f) TRANSFER OF CERTAIN FUNDS.— COUNT. (B) by striking ‘‘that Account’’ and insert- Amounts available under paragraphs (3) and ‘‘The following amounts in the boating ing ‘‘that Trust Fund, except as provided in (4) of subsection (a) that are unobligated by safety account under section 9504(c) of the section 9504(c) of the Internal Revenue Code the Secretary of the Interior after 3 fiscal Internal Revenue Code of 1986 shall be made of 1986’’. years shall be transferred to the Secretary of available without further appropriation and (2) EFFECTIVE DATE.—The amendments Homeland Security and shall be expended for shall be distributed as follows: made by paragraph (1) take effect on October State recreational boating safety programs ‘‘(1) In fiscal year 2006, $28,155,000 shall be 1, 2005. under section 13106(a) of title 46, United distributed— SEC. 7513. DIVISION OF ANNUAL APPROPRIA- States Code.’’. ‘‘(A) under section 4 of this Act in the fol- TIONS. SEC. 7514. MAINTENANCE OF PROJECTS. lowing manner: Section 4 (16 U.S.C. 777c) is amended— Section 8 (16 U.S.C. 777g) is amended— ‘‘(i) $11,200,000 to be added to funds avail- (1) by striking subsections (a) through (c) (1) by striking ‘‘in carrying out the re- able under subsection (a)(2) of that section; and redesignating subsections (d), (e), (f), search program of the Fish and Wildlife ‘‘(ii) $1,245,000 to be added to funds avail- and (g) as subsections (b), (c), (d), and (e), re- Service in respect to fish of material value able under subsection (a)(3) of that section; spectively; for sport or recreation.’’ in subsection (b)(2) ‘‘(iii) $1,245,000 to be added to funds avail- (2) by inserting before subsection (b), as re- and inserting ‘‘to supplement the 57 percent able under subsection (a)(4) of that section; designated by paragraph (1), the following: of the balance of each annual appropriation ‘‘(iv) $1,245,000 to be added to funds avail- ‘‘(a) IN GENERAL.—For fiscal years 2006 to be apportioned among the States under able under subsection (a)(5) of that section; through 2020, the balance of each annual ap- section 4(c).’’; and and propriation made in accordance with the pro- (2) by striking ‘‘subsection (c) or (d)’’ in ‘‘(v) $12,800,000 to be added to funds avail- visions of section 3 remaining after the dis- subsection (d)(3) and inserting ‘‘subsection able under subsection (b) of that section; and tributions for administrative expenses and (a)(5) or subsection (b)’’. ‘‘(B) under section 14 of this Act, $420,000, other purposes under subsection (b) and for SEC. 7515. BOATING INFRASTRUCTURE. to be added to funds available under sub- multistate conservation grants under section Section 7404(d)(1) of the Sportfishing and section (a)(1) of that section. 14 shall be distributed as follows: Boating Safety Act of 1998 (16 U.S.C. 777g– ‘‘(2) In fiscal year 2007, $22,419,000 shall be ‘‘(1) COASTAL WETLANDS.—18.5 percent to 1(d)(1)) is amended by striking ‘‘section distributed— the Secretary of the Interior for distribution 4(b)(3)(B) of the Act entitled ‘An Act to pro- ‘‘(A) under section 4 of this Act in the fol- as provided in the Coastal Wetlands Plan- vide that the United States shall aid the lowing manner: ning, Protection, and Restoration Act (16 States in fish restoration and management ‘‘(i) $8,075,000 to be added to funds available U.S.C. 3951 et seq.). projects, and for other purposes,’ approved under subsection (a)(2) of that section; ‘‘(2) BOATING SAFETY.—18.5 percent to the August 9, 1950, as amended by this Act,’’ and ‘‘(ii) $713,000 to be added to funds available Secretary of Homeland Security for State inserting ‘‘section 4(a)(4) of the Dingell- under subsection (a)(3) of that section; recreational boating safety programs under Johnson Sport Fish Restoration Act’’. ‘‘(iii) $713,000 to be added to funds available section 13106 of title 46, United States Code. SEC. 7516. REQUIREMENTS AND RESTRICTIONS under subsection (a)(4) of that section; ‘‘(3) CLEAN VESSEL ACT.—2.0 percent to the CONCERNING USE OF AMOUNTS FOR ‘‘(iv) $713,000 to be added to funds available Secretary of the Interior for qualified EXPENSES FOR ADMINISTRATION. under subsection (a)(5) of that section; and projects under section 5604(c) of the Clean Section 9 (16 U.S.C. 777h) is amended— ‘‘(v) $11,925,000 to be added to funds avail- Vessel Act of 1992 (33 U.S.C. 1322 note). (1) by striking ‘‘section 4(d)(1)’’ in sub- able under subsection (b) of this Act; and ‘‘(4) BOATING INFRASTRUCTURE.—2.0 percent section (a) and inserting ‘‘section 4(b)’’; and ‘‘(B) under section 14 of this Act, $280,000 to to the Secretary of the Interior for obliga- (2) by striking ‘‘section 4(d)(1)’’ in sub- be added to funds available under subsection tion for qualified projects under section section (b)(1) and inserting ‘‘section 4(b)’’. (a)(1) of that section. 7404(d) of the Sportfishing and Boating Safe- SEC. 7517. PAYMENTS OF FUNDS TO AND CO- ‘‘(3) In fiscal year 2008, $17,139,000 shall be ty Act of 1998 (16 U.S.C. 777g–1(d)). OPERATION WITH PUERTO RICO, distributed— THE DISTRICT OF COLUMBIA, GUAM, ‘‘(5) NATIONAL OUTREACH AND COMMUNICA- ‘‘(A) under section 4 of this Act in the fol- AMERICAN SAMOA, THE COMMON- TIONS.—2.0 percent to the Secretary of the WEALTH OF THE NORTHERN MAR- lowing manner: Interior for the National Outreach and Com- IANA ISLANDS, AND THE VIRGIN IS- ‘‘(i) $6,800,000 to be added to funds available munications Program under section 8(d) of LANDS. under subsection (a)(2) of that section; this Act. Such amounts shall remain avail- Section 12 (16 U.S.C. 777k) is amended by ‘‘(ii) $333,000 to be added to funds available able for 3 fiscal years, after which any por- striking ‘‘in carrying on the research pro- under subsection (a)(3) of that section;

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00173 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4784 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘(iii) $333,000 to be added to funds available to the States in addition to any other impact on mobility, safety, energy consump- under subsection (a)(4) of that section; amounts available for allocation in the fiscal tion, the environment, technology, inter- ‘‘(iv) $333,000 to be added to funds available year in which they are withdrawn or the fol- national trade, economic activity, and qual- under subsection (a)(5) of that section; and lowing fiscal year.’’. ity of life in the United States; ‘‘(v) $9,200,000 to be added to funds avail- SEC. 7554. MAINTENANCE OF EFFORT FOR STATE ‘‘(B) an assessment of the operational and able under subsection (b) of that section; and RECREATIONAL BOATING SAFETY economic attributes of each passenger and ‘‘(B) under section 14 of this Act, $140,000, PROGRAMS. freight mode of transportation and the opti- to be added to funds available under sub- (a) IN GENERAL.—Chapter 131 of title 46, mal role of each mode in the national intersection (a)(1) of that section. United States Code, is amended by inserting modal transportation system; ‘‘(4) In fiscal year 2009, $12,287,000 shall be after section 13106 the following: ‘‘(C) a description of recommended inter- distributed— ‘‘§ 13107. Maintenance of effort for State rec- modal and multi-modal research and devel- ‘‘(A) under section 4 of this Act in the fol- reational boating safety programs opment projects; lowing manner: ‘‘(a) IN GENERAL.—The amount payable to ‘‘(D) a description of emerging trends that ‘‘(i) $5,100,000 to be added to funds available a State for a fiscal year from an allocation have an impact on the national intermodal under subsection (a)(2) of that section; under section 13103 of this chapter shall be transportation system; ‘‘(ii) $48,000 to be added to funds available reduced if the usual amounts expended by ‘‘(E) recommendations for improving inter- under subsection (a)(3) of that section; the State for the State’s recreational boat- modal policy, transportation decision- ‘‘(iii) $48,000 to be added to funds available ing safety program, as determined under sec- making, and financing to maximize mobility under subsection (a)(4) of that section; tion 13105 of this chapter, for the previous and the return on investment of Federal ‘‘(iv) $48,000 to be added to funds available fiscal year is less than the average of the spending on transportation; under subsection (a)(5) of that section; and total of such expenditures for the 3 fiscal ‘‘(F) an estimate of the impact of current ‘‘(v) $6,900,000 to be added to funds avail- years immediately preceding that previous Federal and State transportation policy on able under subsection (b) of that section; and fiscal year. The reduction shall be propor- the national intermodal transportation sys- ‘‘(B) under section 14 of this Act, $143,000, tionate, as a percentage, to the amount by tem; and to be added to funds available under sub- which the level of State expenditures for ‘‘(G) specific near and long-term goals for section (a)(1) of that section. such previous fiscal year is less than the av- the national intermodal transportation sys- ‘‘(5) In fiscal year 2010, all remaining funds erage of the total of such expenditures for tem. in the Account shall be distributed under the 3 fiscal years immediately preceding ‘‘(2) PROGRESS REPORTS.—The Director section 4 of this Act in the following manner: that previous fiscal year. shall submit an initial report on the plan to ‘‘(A) one-third to be added to funds avail- ‘‘(b) REDUCTION OF THRESHOLD.—If the improve the national intermodal transpor- able under subsection (b); and total amount available for allocation and tation system 2 years after the date of enact- ‘‘(B) two-thirds to be added to funds avail- distribution under this chapter in a fiscal ment of the Surface Transportation Safety able under subsection (h).’’. year for all participating State recreational Improvement Act of 2005, and a follow-up re- CHAPTER 2—CLEAN VESSEL ACT boating safety programs is less than such port 2 years after that, to the Senate Com- AMENDMENTS amount for the preceding fiscal year, the mittee on Commerce, Science, and Transpor- level of State expenditures required under tation and the House of Representatives SEC. 7531. GRANT PROGRAM. subsection (a) of this section for the pre- Committee on Transportation and Infra- Section 5604(c)(2) of the Clean Vessel Act of ceding fiscal year shall be decreased propor- structure. The progress report shall— 1992 (33 U.S.C. 1322 note) is amended— tionately. ‘‘(A) describe progress made toward achiev- (1) by striking subparagraph (A); and ‘‘(c) WAIVER.— ing the plan’s goals; (2) by redesignating subparagraphs (B) and ‘‘(1) IN GENERAL.—Upon the written request ‘‘(B) describe challenges and obstacles to (C) as subparagraphs (A) and (B), respec- of a State, the Secretary may waive the pro- achieving the plan’s goals; tively. visions of subsection (a) of this section for 1 ‘‘(C) update the plan to reflect changed cir- CHAPTER 3—RECREATIONAL BOATING fiscal year if the Secretary determines that cumstances or new developments; and SAFETY PROGRAM AMENDMENTS a reduction in expenditures for the State’s ‘‘(D) make policy and legislative rec- SEC. 7551. STATE MATCHING FUNDS REQUIRE- recreational boating safety program is at- ommendations the Director believes are nec- MENT. tributable to a non-selective reduction in ex- essary and appropriate to achieve the goals Section 13103(b) of title 46, United States penditures for the programs of all Executive of the plan. Code, is amended by striking ‘‘one-half’’ and branch agencies of the State government, or ‘‘(3) PLAN DEVELOPMENT FUNDING.—Such inserting ‘‘75 percent’’. for other reasons if the State demonstrates sums as may be necessary from the adminis- SEC. 7552. AVAILABILITY OF ALLOCATIONS. to the Secretary’s satisfaction that such trative expenses of the Research and Innova- Section 13104(a) of title 46, United States waiver is warranted. tive Technology Administration shall be re- Code, is amended— ‘‘(2) 30-DAY DECISION.—The Secretary shall served each year for the purpose of com- (1) by striking ‘‘2 years’’ in paragraph (1) approve or deny a request for a waiver not pleting and updating the plan to improve the and inserting ‘‘3 years’’; and later than 30 days after the date the request national intermodal transportation plan. (2) by striking ‘‘2-year’’ in paragraph (2) is received.’’. ‘‘(g) IMPACT MEASUREMENT METHODOLOGY; (b) CONFORMING AMENDMENT.—The chapter and inserting ‘‘3-year’’. IMPACT REVIEW.—The Director and the Direc- analysis for chapter 131 of title 46, United tor of the Bureau of Transportation Statis- SEC. 7553. AUTHORIZATION OF APPROPRIATIONS States Code, is amended by inserting after FOR STATE RECREATIONAL BOAT- tics shall jointly— ING SAFETY PROGRAMS. the item relating to section 13106 the fol- ‘‘(1) develop, in consultation with the Section 13106 of title 46, United States lowing: modal administrations, and State and local Code, is amended— ‘‘13107. Maintenance of effort for State rec- planning organizations, common measures to (1) by striking ‘‘section 4(b) of the Act of reational boating safety pro- compare transportation investment deci- August 9, 1950 (16 U.S.C. 777c(b))’’in sub- grams.’’. sions across the various modes of transpor- section (a)(1) and inserting ‘‘subsections Subtitle F—Miscellaneous Provisions tation; and ‘‘(2) formulate a methodology for meas- (a)(2) and (f) of section 4 of the Dingell-John- SEC. 7601. OFFICE OF INTERMODALISM. uring the impact of intermodal transpor- son Sport Fish Restoration Act (16 U.S.C. (a) IN GENERAL.—Section 5503 is amended— 777c(a)(2) and (f))’’; (1) by inserting ‘‘Amounts reserved under tation on— (2) by striking ‘‘not less than one percent section 5504(d) not awarded to States as ‘‘(A) the environment; and’’ in subsection (a)(2); grants may be used by the Director to pro- ‘‘(B) public health and welfare; (3) in subsection (c)(1)— vide technical assistance under this sub- ‘‘(C) energy consumption; (A) by striking ‘‘Secretary of Transpor- section.’’ after ‘‘organizations.’’ in sub- ‘‘(D) the operation and efficiency of the tation under paragraph (5)(C) of section 4(b)’’ section (e); transportation system; and inserting ‘‘Secretary under subsection (2) by redesignating subsection (f) as sub- ‘‘(E) congestion, including congestion at (a)(2) of section 4’’; section (h), and inserting after subsection (e) the Nation’s ports; and (B) by striking ‘‘(16 U.S.C. 777c(b))’’ and in- the following: ‘‘(F) the economy and employment.’’. serting ‘‘(16 U.S.C. 777c(a)(2)’’; ‘‘(f) National Intermodal System Improve- SEC. 7602. CAPITAL GRANTS FOR RAIL LINE RE- (C) by striking ‘‘$3,333,336’’ and inserting ment Plan— LOCATION PROJECTS. ‘‘not more than 5 percent’’; ‘‘(1) IN GENERAL.—The Director, in con- (a) ESTABLISHMENT OF PROGRAM.— (D) by striking ‘‘$1,333,336’’ and inserting sultation with the advisory board estab- (1) PROGRAM REQUIREMENTS.—Chapter 201 ‘‘not less than $2,000,000’’; and lished under section 5502 of this title and of title 49, United States Code, is amended by (4) by striking ‘‘until expended.’’ in sub- other public and private transportation in- adding at the end of subchapter II the fol- section (c)(3) and inserting ‘‘during the 2 suc- terests, shall develop a plan to improve the lowing: ceeding fiscal years. Any amount that is un- national intermodal transportation system. ‘‘§ 20154. Capital grants for rail line reloca- expected or unobligated at the end of the 3- The plan shall include— tion projects year period during which it is available shall ‘‘(A) an assessment and forecast of the na- ‘‘(a) ESTABLISHMENT OF PROGRAM.—The be withdrawn by the Secretary and allocated tional intermodal transportation system’s Secretary of Transportation shall carry out

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4785 a grant program to provide financial assist- ‘‘(B) A contribution of the services of em- ‘‘(G) and other activities defined by the ance for local rail line relocation projects. ployees of the State or other non-Federal en- Secretary. ‘‘(b) ELIGIBILITY.—A State is eligible for a tity, calculated on the basis of costs incurred ‘‘(2) STATE.—The term ‘State’ includes, ex- grant under this section for any construction by the State or other non-Federal entity for cept as otherwise specifically provided, a po- project for the improvement of the route or the pay and benefits of the employees, but litical subdivision of a State. structure of a rail line passing through a mu- excluding overhead and general administra- ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— nicipality of the State that— tive costs. There are authorized to be appropriated to ‘‘(1) either— ‘‘(C) A payment of any costs that were in- the Secretary for use in carrying out this ‘‘(A) is carried out for the purpose of miti- curred for the project before the filing of an section $350,000,000 for each of the fiscal gating the adverse effects of rail traffic on application for a grant for the project under years 2006 through 2009.’’. safety, motor vehicle traffic flow, commu- this section, and any in-kind contributions (2) CLERICAL AMENDMENT.—The chapter nity quality of life, or economic development that were made for the project before the fil- analysis for such chapter is amended by add- in the municipality; or ing of the application, if and to the extent ing at the end the following: ‘‘(B) involves a lateral or vertical reloca- that the costs were incurred or in-kind con- ‘‘20154. Capital grants for rail line relocation tion of any portion of the rail line within the tributions were made, as the case may be, to projects.’’. municipality to avoid a closing of a grade comply with a provision of a statute required crossing or the construction of a road under- to be satisfied in order to carry out the (b) REGULATIONS.— pass or overpass; and project. (1) INTERIM REGULATIONS.—Not later than ‘‘(2) meets the costs-benefits requirement ‘‘(4) FEDERAL PERCENTAGE; COSTS NOT April 1, 2006, the Secretary of Transportation set forth in subsection (c). SHARED.— shall issue temporary regulations to imple- ‘‘(c) COSTS-BENEFITS REQUIREMENT.—A ‘‘(A) IN GENERAL.—The Secretary shall de- ment the grant program under section 20154 grant may be awarded under this section for termine the percentage of the shared costs of of title 49, United States Code, as added by a project for the relocation of a rail line only a project eligible for a grant under this sec- subsection (a). Subchapter II of chapter 5 of if the benefits of the project for the period tion, which may not exceed 90 percent of title 5, United States Code, shall not apply equal to the estimated economic life of the those costs, after considering— to the issuance of a temporary regulation relocated rail line exceed the costs of the ‘‘(i) the level of participation by the State, under this subsection or of any amendment project for that period, as determined by the local government, and private sector partici- of such a temporary regulation. Secretary considering the following factors: pation in the project; and (2) FINAL REGULATIONS.—Not later than Oc- ‘‘(1) The effects of the rail line and the rail ‘‘(ii) the relative public and private bene- tober 1, 2006, the Secretary shall issue final traffic on motor vehicle and pedestrian traf- fits excepted to be derived from the project. regulations implementing the program. fic, safety, community quality of life, and ‘‘(B) COSTS NOT SHARED.—For the purposes SEC. 7603. REHABILITATION AND IMPROVEMENT area commerce if the rail line were not so re- of subsection (f) and this subsection, the FINANCING. located. shared costs of a project in a municipality do (a) DEFINITIONS.—Section 102(7) of the Rail- ‘‘(2) The effects of the rail line, relocated not include any cost that is defrayed with road Revitalization and Regulatory Reform as proposed, on motor vehicle and pedestrian any funds or in-kind contribution that a Act of 1976 (45 U.S.C. 802(7)) is amended to traffic, safety, community quality of life, source other than the municipality makes read as follows: and area commerce. available for the use of the municipality ‘‘(7) ‘railroad’ has the meaning given that ‘‘(3) The effects of the rail line, relocated without imposing at least 1 of the following term in section 20102 of title 49, United as proposed, on the freight and passenger rail conditions: States Code; and’’. operations on the rail line. ‘‘(i) The condition that the municipality (b) GENERAL AUTHORITY.—Section 502(a) of ‘‘(d) CONSIDERATIONS FOR APPROVAL OF use the funds or contribution only for the the Railroad Revitalization and Regulatory GRANT APPLICATIONS.—In addition to consid- project. Reform Act of 1976 (45 U.S.C. 822(a)) is ering the relationship of benefits to costs in ‘‘(ii) The condition that the availability of amended by striking ‘‘Secretary may provide determining whether to award a grant to an the funds or contribution to the munici- direct loans and loan guarantees to State eligible State under this section, the Sec- pality is contingent on the execution of the and local governments,’’ and inserting ‘‘Sec- retary shall consider the following factors: project. retary shall provide direct loans and loan ‘‘(1) The capability of the State to fund the ‘‘(C) DETERMINATIONS OF THE SECRETARY.— guarantees to State and local governments, rail line relocation project without Federal The Secretary shall determine the amount of agreements or interstate compacts con- grant funding. the costs, if any, that are not shared costs sented to by Congress under section 410(a) of ‘‘(2) The requirement and limitation relat- under this paragraph and the total amount Public Law 105-134 (49 U.S.C. 24101 nt),’’. ing to allocation of grant funds provided in of the shared costs. A determination of the subsection (e). (c) PRIORITY PROJECTS.—Section 502(c) of Secretary shall be final. ‘‘(3) Equitable treatment of the various re- the Railroad Revitalization and Regulatory ‘‘(h) MULTISTATE AGREEMENTS TO COMBINE gions of the United States. Reform Act of 1976 (45 U.S.C. 822(c) is amend- AMOUNTS.—Two or more States (not includ- ‘‘(e) ALLOCATION REQUIREMENTS.— ed— ing political subdivisions of States) may, ‘‘(1) GRANTS NOT GREATER THAN $20,000,000.— (1) by striking ‘‘or’’ after the semicolon in pursuant to an agreement entered into by At least 50 percent of all grant funds award- subsection (5); the States, combine any part of the amounts ed under this section out of funds appro- (2) by striking ‘‘areas.’’ in subsection (6) provided through grants for a project under priated for a fiscal year shall be provided as and inserting ‘‘areas; or’’; and this section if— grant awards of not more than $20,000,000 (3) by adding at the end the following: ‘‘(1) the project will benefit each of the each. ‘‘(7) enhance service and capacity in the States entering into the agreement; and ‘‘(2) LIMITATION PER PROJECT.—Not more national rail system.’’. ‘‘(2) the agreement is not a violation of a than 25 percent of the total amount available (d) EXTENT OF AUTHORITY.—Section 502(d) law of any such State. for carrying out this section for a fiscal year of the Railroad Revitalization and Regu- may be provided for any 1 project in that fis- ‘‘(i) REGULATIONS.—The Secretary shall latory Reform Act of 1976 (45 U.S.C. 822(d)) is cal year. prescribe regulations for carrying out this amended— ‘‘(f) FEDERAL SHARE.—The total amount of section. (1) by striking ‘‘$3,500,000,000’’ and insert- a grant awarded under this section for a rail ‘‘(j) DEFINITIONS.—In this section: ing ‘‘$6,000,000,000’’; line relocation project shall be equal to a ‘‘(1) CONSTRUCTION.—The term ‘construc- (2) by striking ‘‘$1,000,000,000’’ and insert- percentage of the shared costs of the project, tion’ means the supervising, inspecting, ac- ing ‘‘$3,000,000,000’’; and as determined under subsection (g)(4). tual building, and incurrence of all costs in- (3) by adding at the end ‘‘The Secretary ‘‘(g) NON-FEDERAL SHARE.— cidental to the construction or reconstruc- shall not establish any limit on the propor- ‘‘(1) PERCENTAGE.—A State or other non- tion of a project described under subsection tion of the unused amount authorized under Federal entity shall pay at least 10 percent (b)(1) or (2) of this section, including bond this subsection that may be used for 1 loan of the shared costs of a project that is funded costs and other costs relating to the issuance or loan guarantee.’’. in part by a grant awarded under this sec- of bonds or other debt financing instruments (e) COHORTS OF LOANS.—Section 502(f) of tion. and costs incurred by the State in per- the Railroad Revitalization and Regulatory ‘‘(2) FORMS OF CONTRIBUTIONS.—The share forming project related audits, and in- Reform Act of 1976 (45 U.S.C. 822(f)) is amend- required by paragraph (1) may be paid in cludes— ed— cash or in kind. ‘‘(A) locating, surveying, and mapping; (1) by striking ‘‘and’’ after the semicolon ‘‘(3) IN-KIND CONTRIBUTIONS.—The in-kind ‘‘(B) track installment, restoration and re- in subparagraph (D) of paragraph (1); contributions that are permitted to be habilitation; (2) by redesignating subparagraph (E) of counted under paragraph (2) for a project for ‘‘(C) acquisition of rights-of-way; paragraph (1) as subparagraph (F); a State or other non-Federal entity are as ‘‘(D) relocation assistance, acquisition of (3) by inserting adding after subparagraph follows: replacement housing sites, and acquisition (D) of paragraph (1) the following: ‘‘(A) A contribution of real property or and rehabilitation, relocation, and construc- ‘‘(E) the size and characteristics of the co- tangible personal property (whether provided tion of replacement housing; hort of which the loan or loan guarantee is a by the State or a person for the State). ‘‘(E) elimination of obstacles; and member; and’’; and

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(4) by adding at the end of paragraph (4) ‘‘A (i) FEES AND CHARGES.—Section 503 of the TITLE VIII—TRANSPORTATION DISCRE- cohort may include loans and loan guaran- Railroad Revitalization and Regulatory Re- TIONARY SPENDING GUARANTEE AND tees. The Secretary shall not establish any form Act of 1976 (45 U.S.C. 823) is amended by BUDGET OFFSETS limit on the proportion of a cohort that may adding at the end the following new sub- SEC. 8101. SENSE OF THE SENATE ON OVERALL be used for 1 loan or loan guarantee.’’. section: FEDERAL BUDGET. (f) CONDITIONS OF ASSISTANCE.— ‘‘(l) FEES AND CHARGES.—Except as pro- It is the sense of the Senate that— (1) ASSURANCES.—Section 502(h) of the vided in this title, the Secretary may not as- (1) comprehensive statutory budget en- Railroad Revitalization and Regulatory Re- sess any fees, including user fees, or charges forcement measures, the jurisdiction of form Act of 1976 (45 U.S.C. 822) is amended— in connection with a direct loan or loan which lies with the Senate Budget Com- (A) by inserting ‘‘(1)’’ before ‘‘The Sec- guarantee provided under section 502.’’. mittee and Senate Governmental Affairs retary’’; Committee, should— (B) by redesignating paragraphs (1), (2), (j) SUBSTANTIVE CRITERIA AND STAND- (A) be enacted this year; and and (3) as subparagraphs (A), (B), and (C); ARDS.—Not later than 30 days after the date (B) address all areas of the Federal budget, and of the enactment of this Act, the Secretary including discretionary spending, direct (C) by adding at the end the following: of Transportation shall publish in the Fed- spending, and revenues; and ‘‘(2) The Secretary shall not require an ap- eral Register and post on the Department of (2) special allocations for transportation plicant for a direct loan or loan guarantee Transportation website the substantive cri- should be included in that context. under this section to provide collateral. Any teria and standards used by the Secretary to SEC. 8102. DISCRETIONARY SPENDING CAT- collateral provided or thereafter enhanced determine whether to approve or disapprove EGORIES. shall be valued as a going concern after giv- applications submitted under section 502 of (a) DEFINITIONS.— ing effect to the present value of improve- the Railroad Revitalization and Regulatory (1) HIGHWAY CATEGORY.—Section ments contemplated by the completion and Reform Act of 1976 (45 U.S.C. 822). The Sec- 250(c)(4)(B) of the Balanced Budget and operation of the project. The Secretary shall retary of Transportation shall ensure ade- Emergency Deficit Control Act of 1985 (2 not require that an applicant for a direct quate procedures and guidelines are in place U.S.C. 900(c)(4)(B)) is amended— loan or loan guarantee under this section to permit the filing of complete applications (A) by striking ‘‘Transportation Equity have previously sought the financial assist- within 30 days of such publication. Act for the 21st Century’’ and inserting ance requested from another source. ‘‘Safe, Accountable, Flexible, and Efficient ‘‘(3) The Secretary shall require recipients SEC. 7604. REPORT REGARDING IMPACT ON PUB- LIC SAFETY OF TRAIN TRAVEL IN Transportation Equity Act of 2005’’; and of direct loans or loan guarantees under this (B) by adding at the end the following: section to comply with— COMMUNITIES WITHOUT GRADE SEPARATION. ‘‘(v) 69–8158–0–7–401 (Motor Carrier Safety ‘‘(A) the standards of section 24312 of title Grants). (a) STUDY.—The Secretary of Transpor- 49, United States Code, as in effect on Sep- ‘‘(vi) 69–8159–0–7–401 (Motor Carrier Safety tation shall, in consultation with State and tember 1, 2002, with respect to the project in Operations and Programs).’’. local government officials, conduct a study the same manner that the National Railroad (2) MASS TRANSIT CATEGORY.—Section Passenger Corporation is required to comply of the impact of blocked highway-railroad 250(c)(4) of the Balanced Budget and Emer- with such standards for construction work grade crossings on the ability of emergency gency Deficit Control Act of 1985 (2 U.S.C. financed under an agreement made under responders to perform public safety and secu- 900(c)(4)) is amended by striking subpara- section 24308(a) of that title, and rity duties. graph (C) and inserting the following: ‘‘(B) the protective arrangements estab- (b) REPORT ON THE IMPACT OF BLOCKED ‘‘(C) MASS TRANSIT CATEGORY.—The term lished under section 504 of this Act, HIGHWAY-RAILROAD GRADE CROSSINGS ON ‘mass transit category’ means the following with respect to employees affected by ac- EMERGENCY RESPONDERS.—Not later than 1 budget accounts, or portions of the accounts, tions taken in connection with the project to year after the date of enactment of this Act, that are subject to the obligation limitations be financed by the loan or loan guarantee.’’. the Secretary shall submit the results of the on contract authority provided in the Safe, (2) TECHNICAL CORRECTION.—Section 502 of study and recommendations for reducing the Accountable, Flexible, and Efficient Trans- the Railroad Revitalization and Regulatory impact of blocked crossings on emergency portation Equity Act of 2005 or for which ap- Reform Act of 1976 (45 U.S.C. 822) is amended response to the Senate Committee on Com- propriations are provided in accordance with by striking ‘‘offered;’’ in subsection (f)(2)(A) merce, Science, and Transportation and the authorizations contained in that Act: and inserting ‘‘offered, if any;’’. House of Representatives Committee on ‘‘(i) 69–1120–0–1–401 (Administrative Ex- (g) TIME LIMIT FOR APPROVAL OR DIS- Transportation and Infrastructure. penses). APPROVAL.—Section 502 of the Railroad Revi- ‘‘(ii) 69–1134–0–1–401 (Capital Investment talization and Regulatory Reform Act of 1976 SEC. 7605. FIRST RESPONDER VEHICLE SAFETY Grants). (45 U.S.C. 822) is amended by adding at the PROGRAM. ‘‘(iii) 69–8191–0–7–401 (Discretionary end the following: (a) IN GENERAL.—Not later than 1 year Grants). ‘‘(i) TIME LIMIT FOR APPROVAL OR DIS- after the date of enactment of this Act, the APPROVAL.—Not later than 90 days after re- ‘‘(iv) 69–1129–0–1–401 (Formula Grants). Secretary of Transportation, in consultation ceiving a complete application for a direct ‘‘(v) 69–8303–0–7–401 (Formula Grants and with the Administrator of the National loan or loan guarantee under this section, Research). the Secretary shall approve or disapprove Highway Traffic Safety Administration, ‘‘(vi) 69–1127–0–1–401 (Interstate Transfer the application. shall— Grants—Transit). ‘‘(j) CONSTRUCTION PROJECTS.— (1) develop and implement a comprehensive ‘‘(vii) 69–1125–0–1–401 (Job Access and Re- ‘‘(1) IN GENERAL.—For loans involving con- program to promote compliance with State verse Commute). struction projects that require more than and local laws intended to increase the safe ‘‘(viii) 69–1122–0–1–401 (Miscellaneous Ex- one year to complete, the Secretary shall es- and efficient operation of first responder ve- pired Accounts). tablish a repayment schedule requiring pay- hicles; ‘‘(ix) 69–1139–0–1–401 (Major Capital Invest- ments to commence not later than the sixth (2) compile a list of best practices by State ment Grants). anniversary date of the original loan and local governments to promote compli- ‘‘(x) 69–1121–0–1–401 (Research, Training and issuance. ance with the laws described in paragraph Human Resources). ‘‘(2) ADDITIONS.—The Secretary shall add (1); ‘‘(xi) 69–8350–0–7–401 (Trust Fund Share of to the outstanding balance of the loan on the (3) analyze State and local laws intended Expenses). first anniversary date of the original loan to increase the safe and efficient operation ‘‘(xii) 69–1137–0–1–401 (Transit Planning and issuance on which payments are made, the of first responder vehicles; and Research). product of (A) the loan principal, (B) the an- (4) develop model legislation to increase ‘‘(xiii) 69–1136–0–1–401 (University Transpor- nual rate of interest on the loan, and (C) the the safe and efficient operation of first re- tation Research). number of years payments were deferred sponder vehicles. ‘‘(xiv) 69–1128–0–1–401 (Washington Metro- under the repayment schedule.’’. (b) PARTNERSHIPS.—The Secretary may politan Area Transit Authority).’’. (h) INTEREST RATE.—Paragraph (1) of sec- enter into partnerships with qualified orga- (b) HIGHWAY FUNDING REVENUE ALIGN- tion 822(e) the Railroad Revitalization and nizations to carry out this section. MENT.—Section 251(b)(1)(B) of the Balanced Regulatory Reform Act of 1976 (45 U.S.C. Budget and Emergency Deficit Control Act 822(e)) is amended to read as follows: (c) PUBLIC OUTREACH.—The Secretary shall of 1985 (2 U.S.C. 901(b)(1)(B)) is amended— ‘‘(1) DIRECT LOANS.—For Class III railroads, use a variety of public outreach strategies to (1) in clause (i)— as defined by the Surface Transportation carry out this section, including public serv- (A) by inserting ‘‘for each of fiscal years Board, the Secretary shall require interest ice announcements, publication of informa- 2006 through 2009’’ after ‘‘submits the budg- to be paid on a direct loan made under this tional materials, and posting information on et’’; section at a rate not more than 3 percentage the Internet. (B) by inserting ‘‘the obligation limitation points below the yield on marketable United (d) AUTHORIZATION OF APPROPRIATIONS.— and outlay limit for’’ after ‘‘adjustments States Treasury securities of a maturity There are authorized to be appropriated to to’’; and similar to the maturity of the loan on the the Secretary such sums as may be nec- (C) by striking ‘‘provided in clause date on which the loan agreement was exe- essary for fiscal year 2006 to carry out this (ii)(I)(cc).’’ and inserting the following: ‘‘fol- cuted.’’. section. lows:

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00176 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4787 ‘‘(I) OMB shall take the actual level of (B) $6,844,000,000 for the mass transit cat- fellows and interns of the Democratic highway receipts for the year before the cur- egory; staff of the Finance Committee be al- rent year and subtract the sum of the esti- (2) for fiscal year 2006— lowed on the Senate Floor for the dura- mated level of highway receipts in clause (A) $37,086,000,000 for the highway category; tion of the debate on the Transpor- (iii), plus any amount previously calculated and under clauses (i)(II) and (ii) for that year. (B) $5,989,000,000 for the mass transit cat- tation Reauthorization Bill. ‘‘(II) OMB shall take the current estimate egory; Brian Townsend, of highway receipts for the current year and (3) for fiscal year 2007— Cuong Huynh, subtract the estimated level of highway re- (A) $40,192,000,000 for the highway category; Richard Litsey, ceipts in clause (iii) for that year. and Jorlie Cruz, ‘‘(III) OMB shall— (B) $7,493,000,000 for the mass transit cat- Waylon Mathern, ‘‘(aa) take the sum of the amounts cal- egory; Emily Meeker, culated under subclauses (I) and (II) and add (4) for fiscal year 2008— Rob Grayson. that amount to the obligation limitation set (A) $41,831,000,000 for the highway category; forth in section 8103 of the Safe, Account- and The PRESIDING OFFICER. Without able, Flexible, and Efficient Transportation (B) $8,479,000,000 for the mass transit cat- objection, it is so ordered. Equity Act of 2005 for the highway category egory; and Mr. INHOFE. I suggest the absence of for the budget year, and calculate the outlay (5) for fiscal year 2009— a quorum. change resulting from that change in obliga- (A) $42,883,000,000 for the highway category; The PRESIDING OFFICER. The tions relative to that amount for the budget and clerk will call the roll. year and each outyear using current esti- (B) $9,131,000,000 for the mass transit cat- mates; and The legislative clerk proceeded to egory. call the roll. ‘‘(bb) after making the calculation under (d) ADDITIONAL ADJUSTMENTS.—Section item (aa), adjust the obligation limitation 251(b)(1) of the Balanced Budget and Emer- Mr. MCCONNELL. Mr. President, I set forth in section 8103 of the Safe, Account- gency Deficit Control Act of 1985 (2 U.S.C. ask unanimous consent that the order able, Flexible, and Efficient Transportation 901(b)(1)) is amended— for the quorum call be rescinded. Equity Act of 2005 for the budget year by (1) in subparagraph (C)— The PRESIDING OFFICER. Without adding the amount calculated under sub- (A) in clause (i), by striking ‘‘fiscal years objection, it is so ordered. clauses (I) and (II).’’; 2000, 2001, 2002, or 2003,’’ and inserting ‘‘each f (2) by striking clause (ii) and inserting the of fiscal years 2006, 2007, 2008, and 2009,’’; and following: (B) in clause (ii), by striking ‘‘2002 and MEASURE PLACED ON THE ‘‘(ii) When the President submits the sup- 2003’’ and inserting ‘‘2008 and 2009’’; and CALENDAR—S. 975 plementary budget estimates for each of fis- (2) in subparagraph (D)— cal years 2006 through 2009 under section 1106 (A) in clause (i)— Mr. MCCONNELL. Mr. President, I of title 31, United States Code, OMB’s Mid- (i) by striking ‘‘1999’’ and inserting ‘‘2005’’; understand there is a bill at the desk Session Review shall include adjustments to (ii) by striking ‘‘2000 through 2003’’ and in- that is due for a second reading. the obligation limitation and outlay limit serting ‘‘2006 through 2009’’; and for the highway category for the budget year The PRESIDING OFFICER. The Sen- (iii) by striking ‘‘section 8103 of the Trans- and each outyear as follows: ator is correct. The clerk will read the portation Equity Act for the 21st Century’’ ‘‘(I) OMB shall take the most recent esti- title of the bill for the second time. and inserting ‘‘section 6102 of the Safe, Ac- mate of highway receipts for the current The legislative clerk read as follows: countable, Flexible, and Efficient Transpor- year (based on OMB’s Mid-Session Review) tation Equity Act of 2005’’; and A bill (S. 975) to provide incentives to in- and subtract the estimated level of highway (B) in clause (ii), by striking ‘‘2000, 2001, crease research by private sector entities to receipts in clause (iii) plus any amount pre- 2002, or 2003’’ and inserting ‘‘2006, 2007, 2008, develop medical countermeasures to prevent, viously calculated and included in the Presi- and 2009’’. detect, identify, contain, and treat illnesses, dent’s Budget under clause (i)(II) for that including those associated with a biological, SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS. year. chemical, nuclear, or radiological weapons (a) HIGHWAY CATEGORY.—For the purpose ‘‘(II) OMB shall— attack or an infectious disease outbreak, and of section 251(b) of the Balanced Budget and ‘‘(aa) take the amount calculated under for other purposes. subclause (I) and add that amount to the Emergency Deficit Control Act of 1985 (2 amount of obligations set forth in section U.S.C. 901(b)), the level of obligation limita- Mr. MCCONNELL. In order to place 8103 of the Safe, Accountable, Flexible, and tions for the highway category is— the bill on the calendar under the pro- Efficient Transportation Equity Act of 2005 (1) for fiscal year 2005, $35,154,000,000; visions of rule XIV, I object to pro- for the highway category for the budget (2) for fiscal year 2006, $40,110,000,000; ceeding further. year, and calculate the outlay change result- (3) for fiscal year 2007, $40,564,000,000; The PRESIDING OFFICER. Objec- ing from that change in obligations relative (4) for fiscal year 2008, $42,544,000,000; and tion is heard, and the bill will be placed (5) for fiscal year 2009, $43,281,000,000. to that amount for the budget year and each on the calendar. outyear using current estimates; and (b) MASS TRANSIT CATEGORY.—For the pur- ‘‘(bb) after making the calculation under pose of section 251(b) of the Balanced Budget f item (aa), adjust the amount of obligations and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)), the level of obligation limita- MEASURE READ THE FIRST set forth in section 8103 of the Safe, Account- TIME—S. 981 able, Flexible, and Efficient Transportation tions for the mass transit category is— Equity Act of 2005 for the budget year by (1) for fiscal year 2005, $7,609,000,000; Mr. MCCONNELL. Mr. President, I adding the amount calculated under sub- (2) for fiscal year 2006, $8,902,000,000; understand there is a bill at the desk, clause (I).’’; and (3) for fiscal year 2007, $9,367,000,000; and I ask for its first reading. (3) by adding at the end the following: (4) for fiscal year 2008, $10,171,000,000; and (5) for fiscal year 2009, $10,502,000,000. The PRESIDING OFFICER. The ‘‘(iii) The estimated level of highway re- clerk will read the title of the bill for ceipts for the purpose of this subparagraph For the purpose of this subsection, the term are— ‘‘obligation limitations’’ means the sum of the first time. ‘‘(I) for fiscal year 2005, $34,163,000,000; budget authority and obligation limitations. The legislative clerk read as follows: ‘‘(II) for fiscal year 2006, $36,972,000,000; f A bill (S. 981) to ensure that a Federal em- ‘‘(III) for fiscal year 2007, $38,241,000,000; ployee who takes leave without pay in order ‘‘(IV) for fiscal year 2008, $39,432,000,000; and PRIVILEGE OF THE FLOOR to perform service as a member of the uni- ‘‘(V) for fiscal year 2009, $40,557,000,000. Mr. LOTT. Mr. President, I ask unan- formed services or member of the National ‘‘(iv) In this subparagraph, the term ‘‘high- imous consent that Susan Kirinich, a Guard shall continue to receive pay in an way receipts’’ means the governmental re- detailee of the Senate Committee on amount which, when taken together with the ceipts and interest credited to the highway pay and allowances such individual is receiv- account of the Highway Trust Fund.’’. Commerce Science and Transportation ing for such service, will be no less than the (c) CONTINUATION OF SEPARATE SPENDING from the National Highway Traffic basic pay such individual would then be re- CATEGORIES.—For the purpose of section Safety Administration be granted the ceiving if no interruption in employment 251(c) of the Balanced Budget and Emergency privilege of the floor for the duration had occurred. Deficit Control Act of 1985 (2 U.S.C. 901(c)), of the consideration of H.R. 3. Mr. DURBIN. Mr. President, it is the discretionary spending limits for the The ACTING PRESIDENT pro tem- with some measure of frustration that highway category and the mass transit category shall be— pore. Without objection, it is so or- I rise to again introduce the Reservist (1) for fiscal year 2005— dered. Pay Security Act. This bill allows (A) $33,657,000,000 for the highway category; Mr. BAUCUS. Mr. President, I ask members of the National Guard and and unanimous consent that the following Reserve who are Federal employees to

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00177 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4788 CONGRESSIONAL RECORD — SENATE May 9, 2005 maintain their normal salary when vides a mechanism for possible retro- The PRESIDING OFFICER. Without called to active duty by having Federal active payments for those who have objection, it is so ordered. The clerk agencies make up the difference be- served since October 11, 2002. will report the resolution by title. tween their military pay and what Of the nearly 1.2 million members of The legislative clerk read as follows: they would have earned at their Fed- the National Guard and Reserves, some A resolution (S. Res. 115) designating May eral civilian job. 120,000—approximately 10 percent—are 2005 as ‘‘National Cystic Fibrosis Awareness This is not a radical concept. Many also Federal employees. As of January Month’’. of the major employers in America 2005, more than 43,000 Federal employ- There being no objection, the Senate offer a similar benefit for their employees had been activated since September proceeded to consider the resolution. ees in the Guard and Reserve who are 11, 2001. More than 17,000 are currently Mr. MCCONNELL. Mr. President, I mobilized and, due to lower military on active duty. ask unanimous consent that the reso- pay, suffer a loss of income. Companies Income loss hurts Reserve component lution be agreed to, the preamble be such as Ford, General Motors, IBM, 3M retention. Of the top 10 reasons cited agreed to, and the motions to recon- and, in my own State of Illinois, Sears, for leaving the National Guard/Re- sider be laid upon the table. as well as the Illinois State govern- serve, income loss was No. 4, trailing The PRESIDING OFFICER. Without ment and that of 23 other States pro- only family burden, deployment fre- objection, it is so ordered. vide this same exact security for their quency and deployment length. The resolution (S. Res. 115) was workers. This measure has not been scored by agreed to. Why do they do this? For two rea- CBO. Funds would likely come from ex- The preamble was agreed to. The resolution, with its preamble, sons: First, These employers are patri- isting appropriations. In addition to reads as follows: otic members of American society who my own State of Illinois, 23 other State want to step up and do their part for governments have similar salary con- S. RES. 115 the country while it is engaged in a tinuation laws for State employees: Whereas cystic fibrosis, characterized by war. Second, they want to send a clear Alabama, Alaska, California, Con- chronic lung infections and digestive dis- necticut, Delaware, Florida, Kansas, orders, is a fatal lung disease; message to their employees that they Whereas cystic fibrosis is 1 of the most are valued where they work and that Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, common genetic diseases in the United the organization is looking forward to States and 1 for which there is no known their return. The Department of De- North Carolina, Ohio, Oklahoma, cure; fense operates a highly respected pro- South Dakota, Tennessee, Texas, Whereas more than 10,000,000 Americans gram known as Employer Support for Vermont, Virginia, Washington, and are unknowing carriers of the cystic fibrosis the Guard and Reserve, or ESGR, Wyoming. Most of these States report gene and individuals must have 2 copies to which pays tribute to more than 900 that this has required no additional ap- have the disease; Whereas 1 of every 3,500 babies born in the such patriotic employers. propriations. The differential was paid from funds already appropriated for United States is born with cystic fibrosis; It is nothing less than shameful that Whereas newborn screening for cystic fi- the largest employer in America, the government employee pay. With the exception of any retroactive payments, brosis has been implemented by 12 States United States Federal Government, is and facilitates early diagnosis and treatment not on that list because we do not pro- that would be true of our measure as which improves health and longevity; vide a similar benefit for our employ- well. Whereas the Centers for Disease Control Reservists bring to military service ees in the Guard and Reserve. and Prevention and the Cystic Fibrosis I must note, however, that my col- their civilian professional skills and Foundation recommend that all States con- provide their civilian employers with leagues in the Senate have generally sider newborn screening for cystic fibrosis; the expertise and experience they have Whereas approximately 30,000 people in the recognized this and have joined me to gained in the Armed Forces. This adds United States have cystic fibrosis, many of correct this situation by passing the value to America. them children; Reservist Pay Security Act. In October Last year, the Senate Governmental Whereas the average life expectancy of an 2003, the Senate approved, by a vote of Affairs Committee saw the value of individual with cystic fibrosis is in the mid- 96 to 3, my amendment to S. 1689, the supporting our citizen soldiers and re- thirties, an improvement from a life expect- supplemental appropriations for 2004. ancy of 10 years in the 1960s, but still unac- ported this measure to the floor, but it ceptably short; In June of 2004, it was agreed to by a did not see action as a free-standing voice vote as an amendment to S. 2400, Whereas prompt, aggressive treatment of bill before the Congress adjourned. I the symptoms of cystic fibrosis can extend the National Defense Authorization hope we can make it as a freestanding the lives of people who have the disease; Act for 2005. Most recently, on April 13, bill or as an amendment on some other Whereas recent advances in cystic fibrosis the Senate passed this needed measure legislation this year. research have produced promising leads in as an amendment to the supplemental Our bottom line is simply this: Fed- gene, protein, and drug therapies beneficial appropriations bill for 2005. That was eral employees should not lose income to people who have the disease; the third time this measure has passed when mobilized for extended duty in Whereas this innovative research is pro- gressing faster and is being conducted more the Senate. In each of those instances, the National Guard and Reserve. Major this measure has been dropped in con- aggressively than ever before, due in part to American employers already protect the establishment of a model clinical trials ference with our colleagues in the their workers from such loss. It is time network by the Cystic Fibrosis Foundation; House of Representatives. It is unfortu- for the Federal Government to support Whereas the Cystic Fibrosis Foundation nate that some of our colleagues fail to our troops by doing the same. marks its 50th year in 2005, continues to fund appreciate the need to pass this bill. Mr. MCCONNELL. Mr. President, I a research pipeline for more than 2 dozen po- The Senate knows this is important. now ask for its second reading, and in tential therapies, and funds a nationwide The Reserve Officers Association order to place the bill on the calendar network of care centers that extend the knows that it is important. The Na- under the provisions of rule XIV, I ob- length and the quality of life for people with cystic fibrosis, but lives continue to be lost tional Guard Association of the United ject to my own request. States knows that it is important. The to this disease every day; and The PRESIDING OFFICER. Objec- Whereas education of the public on cystic Enlisted Association of the National tion is heard, and the bill will be read fibrosis, including the symptoms of the dis- Guard of the United States knows that for the second time on the next legisla- ease, increases knowledge and understanding it is important. And I can assure you tive day. of cystic fibrosis and promotes early diag- that we in the Senate will not give up f nosis: Now, therefore, be it on this matter. Resolved, That the Senate— Today I introduce this measure with NATIONAL CYSTIC FIBROSIS (1) designates May 2005 as ‘‘National Cystic my colleagues, Senators MIKULSKI, AWARENESS MONTH Fibrosis Awareness Month’’; (2) calls on the people of the United States ALLEN, LANDRIEU, LEAHY, LAUTENBERG, Mr. MCCONNELL. Mr. President, I to promote awareness of cystic fibrosis and KERRY, SARBANES, and BINGAMAN. This ask unanimous consent that the Judi- actively participate in support of research to bill is identical to the Reservist pay ciary Committee be discharged from control or cure cystic fibrosis, by observing amendment to the supplemental with further consideration of and the Senate the month with appropriate ceremonies and the exception that this measure pro- now proceed to S. Res. 115. activities; and

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(3) supports the goals of— to a section or other provision of the Profes- ‘‘(15) PROMOTIONAL AGREEMENT.—The term (A) increasing the quality of life for indi- sional Boxing Safety Act of 1996 (15 U.S.C. ‘promotional agreement’ means a contract, viduals with cystic fibrosis by promoting 6301 et seq.). for the acquisition of rights relating to a public knowledge and understanding in a SEC. 3. DEFINITIONS. boxer’s participation in a professional boxing manner that will result in earlier diagnoses; (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) match or series of boxing matches (including (B) encouraging increased resources for re- is amended to read as follows: the right to sell, distribute, exhibit, or li- search; and ‘‘SEC. 2. DEFINITIONS. cense the match or matches), with— (C) increasing levels of support for people ‘‘In this Act: ‘‘(A) the boxer who is to participate in the who have cystic fibrosis and their families. ‘‘(1) COMMISSION.—The term ‘Commission’ match or matches; or f means the United States Boxing Commis- ‘‘(B) the nominee of a boxer who is to par- sion. ticipate in the match or matches, or the PROFESSIONAL BOXING ‘‘(2) BOUT AGREEMENT.—The term ‘bout nominee is an entity that is owned, con- AMENDMENTS ACT OF 2005 agreement’ means a contract between a pro- trolled or held in trust for the boxer unless that nominee or entity is a licensed pro- Mr. MCCONNELL. Mr. President, I moter and a boxer that requires the boxer to participate in a professional boxing match moter who is conveying a portion of the ask unanimous consent that the Sen- rights previously acquired. ate proceed to the immediate consider- for a particular date. ‘‘(3) BOXER.—The term ‘boxer’ means an in- ‘‘(16) STATE.—The term ‘State’ means each ation of Calendar No. 72, S. 148. dividual who fights in a professional boxing of the 50 States, Puerto Rico, the District of The PRESIDING OFFICER. The match. Columbia, and any territory or possession of clerk will report the bill by title. ‘‘(4) BOXING COMMISSION.—The term ‘boxing the United States, including the Virgin Is- The legislative clerk read as follows: commission’ means an entity authorized lands. A bill (S. 148) to establish a United States under State or tribal law to regulate profes- ‘‘(17) SANCTIONING ORGANIZATION.—The Boxing Commission to administer the Act, sional boxing matches. term ‘sanctioning organization’ means an or- and for other purposes. ‘‘(5) BOXER REGISTRY.—The term ‘boxer ganization, other than a boxing commission, that sanctions professional boxing matches, There being no objection, the Senate registry’ means any entity certified by the Commission for the purposes of maintaining ranks professional boxers, or charges a sanc- proceeded to consider the bill. records and identification of boxers. tioning fee for professional boxing matches Mr. MCCONNELL. Mr. President, I ‘‘(6) BOXING SERVICE PROVIDER.—The term in the United States— ask unanimous consent that the bill be ‘boxing service provider’ means a promoter, ‘‘(A) between boxers who are residents of read a third time and passed, the mo- manager, sanctioning body, licensee, or different States; or tion to reconsider be laid upon the matchmaker. ‘‘(B) that are advertised, otherwise pro- table, and that any statements relating ‘‘(7) CONTRACT PROVISION.—The term ‘con- moted, or broadcast (including closed circuit tract provision’ means any legal obligation television) in interstate commerce. to the bill be printed in the RECORD. ‘‘(18) SUSPENSION.—The term ‘suspension’ The PRESIDING OFFICER. Without between a boxer and a boxing service provider. includes within its meaning the temporary objection, it is so ordered. ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The revocation of a boxing license. The bill (S. 148) was read the third terms ‘Indian lands’ and ‘Indian tribe’ have ‘‘(19) TRIBAL ORGANIZATION.—The term time and passed, as follows: the meanings given those terms by para- ‘tribal organization’ has the same meaning S. 148 graphs (4) and (5), respectively, of section 4 as in section 4(l) of the Indian Self-Deter- mination and Education Assistance Act (25 Be it enacted by the Senate and House of Rep- of the Indian Gaming Regulatory Act (25 U.S.C. 2703). U.S.C. 450b(l)).’’. resentatives of the United States of America in (b) CONFORMING AMENDMENT.—Section 21 Congress assembled, ‘‘(9) LICENSEE.—The term ‘licensee’ means an individual who serves as a trainer, corner (15 U.S.C. 6312) is amended to read as follows: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. man, second, or cut man for a boxer. ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CON- (a) SHORT TITLE.—This Act may be cited as ‘‘(10) MANAGER.—The term ‘manager’ DUCTED ON INDIAN LANDS. the ‘‘Professional Boxing Amendments Act means a person other than a promoter who, ‘‘(a) IN GENERAL.—Notwithstanding any of 2005’’. under contract, agreement, or other arrange- other provision of law, a tribal organization (b) TABLE OF CONTENTS.—The table of con- ment with a boxer, undertakes to control or may establish a boxing commission to regu- tents for this Act is as follows: administer, directly or indirectly, a boxing- late professional boxing matches held on In- Sec. 1. Short title; table of contents. related matter on behalf of that boxer, indian land under the jurisdiction of that trib- Sec. 2. Amendment of Professional Box- cluding a person who is a booking agent for al organization. ing Safety Act of 1996. a boxer. ‘‘(b) STANDARDS AND LICENSING.—A tribal Sec. 3. Definitions. ‘‘(11) MATCHMAKER.—The term ‘match- organization that establishes a boxing com- Sec. 4. Purposes. maker’ means a person that proposes, se- mission shall, by tribal ordinance or resolu- Sec. 5. United States Boxing Commis- lects, and arranges for boxers to participate tion, establish and provide for the implemen- sion approval, or ABC or com- in a professional boxing match. tation of health and safety standards, licens- mission sanction, required for ‘‘(12) PHYSICIAN.—The term ‘physician’ ing requirements, and other requirements re- matches. means a doctor of medicine legally author- lating to the conduct of professional boxing Sec. 6. Safety standards. ized to practice medicine by the State in matches that are at least as restrictive as— Sec. 7. Registration. which the physician performs such function ‘‘(1) the otherwise applicable requirements Sec. 8. Review. or action and who has training and experi- of the State in which the Indian land on Sec. 9. Reporting. ence in dealing with sports injuries, particu- which the professional boxing match is held Sec. 10. Contract requirements. larly head trauma. is located; or Sec. 11. Coercive contracts. ‘‘(13) PROFESSIONAL BOXING MATCH.—The ‘‘(2) the guidelines established by the Sec. 12. Sanctioning organizations. term ‘professional boxing match’ means a United States Boxing Commission. Sec. 13. Required disclosures by sanc- boxing contest held in the United States be- ‘‘(c) APPLICATION OF ACT TO BOXING tioning organizations. tween individuals for financial compensa- MATCHES ON TRIBAL LANDS.—The provisions Sec. 14. Required disclosures by pro- tion. The term ‘professional boxing match’ of this Act apply to professional boxing moters and broadcasters. does not include a boxing contest that is reg- matches held on tribal lands to the same ex- Sec. 15. Judges and referees. ulated by a duly recognized amateur sports tent and in the same way as they apply to Sec. 16. Medical registry. organization, as approved by the Commis- professional boxing matches held in any Sec. 17. Conflicts of interest. sion. State.’’. Sec. 18. Enforcement. ‘‘(14) PROMOTER.—The term ‘promoter’— SEC. 4. PURPOSES. Sec. 19. Repeal of deadwood. ‘‘(A) means the person primarily respon- Section 3(2) (15 U.S.C. 6302(2)) is amended Sec. 20. Recognition of tribal law. sible for organizing, promoting, and pro- by striking ‘‘State’’. Sec. 21. Establishment of United States ducing a professional boxing match; but SEC. 5. UNITED STATES BOXING COMMISSION AP- Boxing Commission. ‘‘(B) does not include a hotel, casino, re- PROVAL, OR ABC OR COMMISSION Sec. 22. Study and report on definition sort, or other commercial establishment SANCTION, REQUIRED FOR of promoter. hosting or sponsoring a professional boxing MATCHES. Sec. 23. Effective date. match unless— (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) SEC. 2. AMENDMENT OF PROFESSIONAL BOXING ‘‘(i) the hotel, casino, resort, or other com- is amended to read as follows: SAFETY ACT OF 1996. mercial establishment is primarily respon- ‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT. Except as otherwise expressly provided, sible for organizing, promoting, and pro- ‘‘(a) IN GENERAL.—No person may arrange, whenever in this title an amendment or reducing the match; and promote, organize, produce, or fight in a pro- peal is expressed in terms of an amendment ‘‘(ii) there is no other person primarily re- fessional boxing match within the United to, or repeal of, a section or other provision, sponsible for organizing, promoting, and pro- States unless the match— the reference shall be considered to be made ducing the match. ‘‘(1) is approved by the Commission; and

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‘‘(2) is held in a State, or on tribal land of (a), and each identification card issued under ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A a tribal organization, that regulates profes- subsection (b), to the Commission.’’. sanctioning organization shall, with respect sional boxing matches in accordance with SEC. 8. REVIEW. to a change in the rating of a boxer pre- standards and criteria established by the Section 7 (15 U.S.C. 6306) is amended— viously rated by such organization in the top Commission. (1) by striking ‘‘that, except as provided in 10 boxers— ‘‘(b) APPROVAL PRESUMED.— subsection (b), no’’ in subsection (a)(2) and ‘‘(1) post a copy, within 7 days after the ‘‘(1) IN GENERAL.—For purposes of sub- inserting ‘‘that no’’; change, on its Internet website or home section (a), the Commission shall be pre- (2) by striking paragraphs (3) and (4) of page, if any, including an explanation of the sumed to have approved any match other subsection (a) and inserting the following: change, for a period of not less than 30 days; than— ‘‘(3) Procedures to review a summary sus- ‘‘(2) provide a copy of the rating change ‘‘(A) a match with respect to which the pension when a hearing before the boxing and a thorough explanation in writing under Commission has been informed of an alleged commission is requested by a boxer, licensee, penalty of perjury to the boxer and the Com- violation of this Act and with respect to manager, matchmaker, promoter, or other mission; which it has notified the supervising boxing boxing service provider which provides an ‘‘(3) provide the boxer an opportunity to commission that it does not approve; opportunity for that person to present evi- appeal the ratings change to the sanctioning ‘‘(B) a match advertised to the public as a dence.’’; organization; and championship match; (3) by striking subsection (b); and ‘‘(4) apply the objective criteria for ratings ‘‘(C) a match scheduled for 10 rounds or (4) by striking ‘‘(a) PROCEDURES.—’’. required under subsection (a) in considering more; or SEC. 9. REPORTING. any such appeal. ‘‘(D) a match in which 1 of the boxers has— Section 8 (15 U.S.C. 6307) is amended— ‘‘(c) CHALLENGE OF RATING.—If, after dis- ‘‘(i) suffered 10 consecutive defeats in pro- (1) by striking ‘‘48 business hours’’ and in- posing with an appeal under subsection fessional boxing matches; or serting ‘‘2 business days’’; (b)(3), a sanctioning organization receives a ‘‘(ii) has been knocked out 5 consecutive (2) by striking ‘‘bxoing’’ and inserting petition from a boxer challenging that orga- times in professional boxing matches. ‘‘boxing’’; and nization’s rating of the boxer, it shall (ex- ‘‘(2) DELEGATION OF APPROVAL AUTHORITY.— (3) by striking ‘‘each boxer registry.’’ and cept to the extent otherwise required by the Notwithstanding paragraph (1), the Commis- inserting ‘‘the Commission.’’. Commission), within 7 days after receiving sion shall be presumed to have approved a the petition— SEC. 10. CONTRACT REQUIREMENTS. match described in subparagraph (B), (C), or ‘‘(1) provide to the boxer a written expla- Section 9 (15 U.S.C. 6307a) is amended to (D) of paragraph (1) if— nation under penalty of perjury of the orga- read as follows: ‘‘(A) the Commission has delegated its ap- nization’s rating criteria, its rating of the proval authority with respect to that match ‘‘SEC. 9. CONTRACT REQUIREMENTS. boxer, and the rationale or basis for its rat- to a boxing commission; and ‘‘(a) IN GENERAL.—The Commission, in con- ing (including a response to any specific ‘‘(B) the boxing commission has approved sultation with the Association of Boxing questions submitted by the boxer); and the match. Commissions, shall develop guidelines for ‘‘(2) submit a copy of its explanation to the ‘‘(3) KNOCKED-OUT DEFINED.—Except as may minimum contractual provisions that shall Association of Boxing Commissions and the be otherwise provided by the Commission by be included in each bout agreement, boxer- Commission for their review.’’. rule, in paragraph (1)(D)(ii), the term manager contract, and promotional agree- (b) CONFORMING AMENDMENTS.—Section ‘knocked out’ means knocked down and un- ment. Each boxing commission shall ensure 18(e) (15 U.S.C. 6309(e)) is amended— able to continue after a count of 10 by the that these minimal contractual provisions (1) by striking ‘‘FEDERAL TRADE COMMIS- referee or stopped from continuing because are present in any such agreement or con- SION,’’ in the subsection heading and insert- of a technical knockout.’’. tract submitted to it. ing ‘‘UNITED STATES BOXING COMMISSION’’; (b) CONFORMING AMENDMENT.—Section 19 ‘‘(b) FILING AND APPROVAL REQUIRE- and (15 U.S.C. 6310) is repealed. MENTS.— (2) by striking ‘‘Federal Trade Commis- SEC. 6. SAFETY STANDARDS. ‘‘(1) COMMISSION.—A manager or promoter sion,’’ in paragraph (1) and inserting ‘‘United Section 5 (15 U.S.C. 6304) is amended— shall submit a copy of each boxer-manager States Boxing Commission,’’. contract and each promotional agreement (1) by striking ‘‘requirements or an alter- SEC. 13. REQUIRED DISCLOSURES BY SANC- between that manager or promoter and a native requirement in effect under regula- TIONING ORGANIZATIONS. boxer to the Commission, and, if requested, tions of a boxing commission that provides Section 12 (15 U.S.C. 6307d) is amended— to the boxing commission with jurisdiction equivalent protection of the health and safe- (1) by striking the matter preceding para- over the bout. ty of boxers:’’ and inserting ‘‘requirements:’’; graph (1) and inserting ‘‘Within 7 days after ‘‘(2) BOXING COMMISSION.—A boxing com- (2) by adding at the end of paragraph (1) a professional boxing match of 10 rounds or mission may not approve a professional box- ‘‘The examination shall include testing for more, the sanctioning organization, if any, ing match unless a copy of the bout agree- infectious diseases in accordance with stand- for that match shall provide to the Commis- ment related to that match has been filed ards established by the Commission.’’; sion, and, if requested, to the boxing com- with it and approved by it. (3) by striking paragraph (2) and inserting mission in the State or on Indian land re- ‘‘(c) BOND OR OTHER SURETY.—A boxing the following: sponsible for regulating the match, a written commission may not approve a professional ‘‘(2) An ambulance continuously present on statement of—’’; boxing match unless the promoter of that site.’’; (2) by striking ‘‘will assess’’ in paragraph match has posted a surety bond, cashier’s (4) by redesignating paragraphs (3) and (4) (1) and inserting ‘‘has assessed, or will as- check, letter of credit, cash, or other secu- as paragraphs (4) and (5), respectively, and sess,’’; and rity with the boxing commission in an inserting after paragraph (2) the following: (3) by striking ‘‘will receive’’ in paragraph amount acceptable to the boxing commis- ‘‘(3) Emergency medical personnel with ap- (2) and inserting ‘‘has received, or will re- sion.’’. propriate resuscitation equipment continu- ceive,’’. SEC. 11. COERCIVE CONTRACTS. ously present on site.’’; and SEC. 14. REQUIRED DISCLOSURES BY PRO- (5) by striking ‘‘match.’’ in paragraph (5), Section 10 (15 U.S.C. 6307b) is amended— MOTERS AND BROADCASTERS. as redesignated, and inserting ‘‘match in an (1) by striking paragraph (3) of subsection Section 13 (15 U.S.C. 6307e) is amended— (a); amount prescribed by the Commission.’’. (1) by striking ‘‘PROMOTERS.’’ in the sec- (2) by inserting ‘‘OR ELIMINATION’’ after SEC. 7. REGISTRATION. tion caption and inserting ‘‘PROMOTERS ‘‘MANDATORY’’ in the heading of subsection Section 6 (15 U.S.C. 6305) is amended— AND BROADCASTERS.’’; (1) by inserting ‘‘or Indian tribe’’ after (b); and (2) by striking so much of subsection (a) as ‘‘State’’ the second place it appears in sub- (3) by inserting ‘‘or elimination’’ after precedes paragraph (1) and inserting the fol- section (a)(2); ‘‘mandatory’’ in subsection (b). lowing: (2) by striking the first sentence of sub- SEC. 12. SANCTIONING ORGANIZATIONS. ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS section (c) and inserting ‘‘A boxing commis- (a) IN GENERAL.—Section 11 (15 U.S.C. AND THE COMMISSION.—Within 7 days after a sion shall, in accordance with requirements 6307c) is amended to read as follows: professional boxing match of 10 rounds or established by the Commission, make a ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. more, the promoter of any boxer partici- health and safety disclosure to a boxer when ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year pating in that match shall provide to the issuing an identification card to that after the date of enactment of the Profes- Commission, and, if requested, to the boxing boxer.’’; sional Boxing Amendments Act of 2005, the commission in the State or on Indian land (3) by striking ‘‘should’’ in the second sen- Commission shall develop guidelines for ob- responsible for regulating the match—’’; tence of subsection (c) and inserting ‘‘shall, jective and consistent written criteria for (3) by striking ‘‘writing,’’ in subsection at a minimum,’’; and the rating of professional boxers based on (a)(1) and inserting ‘‘writing, other than a (4) by adding at the end the following: the athletic merits and professional record bout agreement previously provided to the ‘‘(d) COPY OF REGISTRATION AND IDENTIFICA- of the boxers. Within 90 days after the Com- commission,’’; TION CARDS TO BE SENT TO COMMISSION.—A mission’s promulgation of the guidelines, (4) by striking ‘‘all fees, charges, and ex- boxing commission shall furnish a copy of each sanctioning organization shall adopt penses that will be’’ in subsection (a)(3)(A) each registration received under subsection the guidelines and follow them. and inserting ‘‘a written statement of all

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fees, charges, and expenses that have been, ‘‘(c) ROLE OF SANCTIONING ORGANIZATION.— (3) by inserting ‘‘has engaged in or’’ after or will be,’’; A sanctioning organization may provide a ‘‘organization’’ in subsection (c); (5) by inserting ‘‘a written statement of’’ list of judges and referees deemed qualified (4) by striking ‘‘subsection (b)’’ in sub- before ‘‘all’’ in subsection (a)(3)(B); by that organization to a boxing commis- section (c)(3) and inserting ‘‘subsection (b), a (6) by inserting ‘‘a statement of’’ before sion, but the boxing commission shall select, civil penalty, or’’; and ‘‘any’’ in subsection (a)(3)(C); license, and appoint the judges and referees (5) by striking ‘‘boxer’’ in subsection (d) (7) by striking the matter in subsection (b) participating in the match. and inserting ‘‘person’’. following ‘‘BOXER.—’’ and preceding para- ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES SEC. 19. REPEAL OF DEADWOOD. graph (1) and inserting ‘‘Within 7 days after AND REFEREES.—A boxing commission may Section 20 (15 U.S.C. 6311) is repealed. a professional boxing match of 10 rounds or assign judges and referees who reside outside SEC. 20. RECOGNITION OF TRIBAL LAW. more, the promoter of the match shall pro- that commission’s State or Indian land. Section 22 (15 U.S.C. 6313) is amended— vide to each boxer participating in the bout ‘‘(e) REQUIRED DISCLOSURE.—A judge or ref- (1) by inserting ‘‘OR TRIBAL’’ in the sec- or match with whom the promoter has a eree shall provide to the boxing commission tion heading after ‘‘STATE’’; and bout or promotional agreement a statement responsible for regulating a professional box- (2) by inserting ‘‘or Indian tribe’’ after of—’’; ing match in a State or on Indian land a ‘‘State’’. (8) by striking ‘‘match;’’ in subsection statement of all consideration, including re- SEC. 21. ESTABLISHMENT OF UNITED STATES (b)(1) and inserting ‘‘match, and that the imbursement for expenses, that the judge or BOXING COMMISSION. promoter has paid, or agreed to pay, to any referee has received, or will receive, from (a) IN GENERAL.—The Act is amended by other person in connection with the match;’’; any source for participation in the match. If adding at the end the following: and the match is scheduled for 10 rounds or more, ‘‘TITLE II—UNITED STATES BOXING (9) by adding at the end the following: the judge or referee shall also provide such a COMMISSION statement to the Commission.’’. ‘‘(d) REQUIRED DISCLOSURES BY BROAD- ‘‘SEC. 201. PURPOSE. (b) CONFORMING AMENDMENT.—Section 14 CASTERS.— ‘‘The purpose of this title is to protect the (15 U.S.C. 6307f) is repealed. ‘‘(1) IN GENERAL.—A broadcaster that owns health, safety, and welfare of boxers and to the television broadcast rights for a profes- SEC. 16. MEDICAL REGISTRY. ensure fairness in the sport of professional sional boxing match of 10 rounds or more The Act is amended by inserting after sec- boxing. tion 13 (15 U.S.C. 6307e) the following: shall, within 7 days after that match, pro- ‘‘SEC. 202. UNITED STATES BOXING COMMISSION. vide to the Commission— ‘‘SEC. 14. MEDICAL REGISTRY. ‘‘(a) IN GENERAL.—The United States Box- ‘‘(A) a statement of any advance, guar- ‘‘(a) IN GENERAL.—The Commission shall ing Commission is established as a commis- antee, or license fee paid or owed by the establish and maintain, or certify a third sion within the Department of Commerce. broadcaster to a promoter in connection party entity to establish and maintain, a ‘‘(b) MEMBERS.— with that match; medical registry that contains comprehen- ‘‘(1) IN GENERAL.—The Commission shall ‘‘(B) a copy of any contract executed by or sive medical records and medical denials or consist of 3 members appointed by the Presi- on behalf of the broadcaster with— suspensions for every licensed boxer. dent, by and with the advice and consent of ‘‘(i) a boxer who participated in that ‘‘(b) CONTENT; SUBMISSION.—The Commis- the Senate. match; or sion shall determine— ‘‘(2) QUALIFICATIONS.— ‘‘(ii) the boxer’s manager, promoter, pro- ‘‘(1) the nature of medical records and med- ‘‘(A) IN GENERAL.—Each member of the motional company, or other representative ical suspensions of a boxer that are to be for- Commission shall be a citizen of the United or the owner or representative of the site of warded to the medical registry; and States who— the match; and ‘‘(2) the time within which the medical ‘‘(i) has extensive experience in profes- ‘‘(C) a list identifying sources of income re- records and medical suspensions are to be sional boxing activities or in a field directly ceived from the broadcast of the match. submitted to the medical registry. related to professional sports; ‘‘(2) COPY TO BOXING COMMISSION.—Upon re- ‘‘(c) CONFIDENTIALITY.—The Commission ‘‘(ii) is of outstanding character and recog- quest from the boxing commission in the shall establish confidentiality standards for nized integrity; and State or Indian land responsible for regu- the disclosure of personally identifiable in- ‘‘(iii) is selected on the basis of training, lating a match to which paragraph (1) ap- formation to boxing commissions that will— experience, and qualifications and without plies, a broadcaster shall provide the infor- ‘‘(1) protect the health and safety of boxers regard to political party affiliation. mation described in paragraph (1) to that by making relevant information available to ‘‘(B) SPECIFIC QUALIFICATIONS FOR CERTAIN boxing commission. the boxing commissions for use but not pub- MEMBERS.—At least 1 member of the Com- ‘‘(3) CONFIDENTIALITY.—The information lic disclosure; and mission shall be a former member of a local provided to the Commission or to a boxing ‘‘(2) ensure that the privacy of the boxers boxing authority. If practicable, at least 1 commission pursuant to this subsection shall is protected.’’. member of the Commission shall be a physi- be confidential and not revealed by the Com- SEC. 17. CONFLICTS OF INTEREST. cian or other health care professional duly mission or a boxing commission, except that Section 17 (15 U.S.C. 6308) is amended— licensed as such. the Commission may publish an analysis of (1) by striking ‘‘enforces State boxing ‘‘(C) DISINTERESTED PERSONS.—No member the data in aggregate form or in a manner laws,’’ in subsection (a) and inserting ‘‘im- of the Commission may, while serving as a which does not disclose confidential informa- plements State or tribal boxing laws, no offi- member of the Commission— tion about identifiable broadcasters. cer or employee of the Commission,’’; ‘‘(i) be engaged as a professional boxer, ‘‘(4) TELEVISION BROADCAST RIGHTS.—In (2) by striking ‘‘belong to,’’ and inserting boxing promoter, agent, fight manager, paragraph (1), the term ‘television broadcast ‘‘hold office in,’’ in subsection (a); matchmaker, referee, judge, or in any other rights’ means the right to broadcast the (3) by striking the last sentence of sub- capacity in the conduct of the business of match, or any part thereof, via a broadcast section (a); and professional boxing; station, cable service, or multichannel video (4) by striking subsection (b) and inserting ‘‘(ii) have any pecuniary interest in the programming distributor as such terms are the following: earnings of any boxer or the proceeds or out- defined in section 3(5), 602(6), and 602(13) of ‘‘(b) BOXERS.—A boxer may not own or con- come of any boxing match; or the Communications Act of 1934 (47 U.S.C. trol, directly or indirectly, an entity that ‘‘(iii) serve as a member of a boxing com- 153(5), 602(6), and 602(13), respectively).’’. promotes the boxer’s bouts if that entity is mission. SEC. 15. JUDGES AND REFEREES. responsible for— ‘‘(3) BIPARTISAN MEMBERSHIP.—Not more (a) IN GENERAL.—Section 16 (15 U.S.C. ‘‘(1) executing a bout agreement or pro- than 2 members of the Commission may be 6307h) is amended— motional agreement with the boxer’s oppo- members of the same political party. (1) by inserting ‘‘(a) LICENSING AND ASSIGN- nent; or ‘‘(4) GEOGRAPHIC BALANCE.—Not more than MENT REQUIREMENT.—’’ before ‘‘No person’’; ‘‘(2) providing any payment or other com- 2 members of the Commission may be resi- (2) by striking ‘‘certified and approved’’ pensation to— dents of the same geographic region of the and inserting ‘‘selected’’; ‘‘(A) the boxer’s opponent for participation United States when appointed to the Com- (3) by inserting ‘‘or Indian lands’’ after in a bout with the boxer; mission. For purposes of the preceding sen- ‘‘State’’; and ‘‘(B) the boxing commission that will regu- tence, the area of the United States east of (4) by adding at the end the following: late the bout; or the Mississippi River is a geographic region, ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.— ‘‘(C) ring officials who officiate at the and the area of the United States west of the In addition to the requirements of subsection bout.’’. Mississippi River is a geographic region. (a), no person may arrange, promote, orga- SEC. 18. ENFORCEMENT. ‘‘(5) TERMS.— nize, produce, or fight in a professional box- Section 18 (15 U.S.C. 6309) is amended— ‘‘(A) IN GENERAL.—The term of a member ing match advertised to the public as a (1) by striking ‘‘(a) INJUNCTIONS.—’’ in sub- of the Commission shall be 3 years. championship match or in a professional section (a) and inserting ‘‘(a) ACTIONS BY AT- ‘‘(B) REAPPOINTMENT.—Members of the boxing match scheduled for 10 rounds or TORNEY GENERAL.—’’; Commission may be reappointed to the Com- more unless all referees and judges partici- (2) by inserting ‘‘any officer or employee of mission. pating in the match have been licensed by the Commission,’’ after ‘‘laws,’’ in sub- ‘‘(C) MIDTERM VACANCIES.—A member of the Commission. section (b)(3); the Commission appointed to fill a vacancy

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in the Commission occurring before the expi- ‘‘(B) to enhance physical, medical, finan- ‘‘(C) PROCEDURE.—The Commission may ration of the term for which the member’s cial, and other safeguards established for the issue a license under this paragraph through predecessor was appointed shall be appointed protection of professional boxers; and boxing commissions or in a manner deter- for the remainder of that unexpired term. ‘‘(C) to improve the status and standards of mined by the Commission. ‘‘(D) CONTINUATION PENDING REPLACE- professional boxing in the United States; ‘‘(b) LICENSING FEES.— MENT.—A member of the Commission may ‘‘(5) ensure, in cooperation with the Attor- ‘‘(1) AUTHORITY.—The Commission may serve after the expiration of that member’s ney General (who shall represent the Com- prescribe and charge reasonable fees for the term until a successor has taken office. mission in any judicial proceeding under this licensing of persons under this title. The ‘‘(6) REMOVAL.—A member of the Commis- Act), the chief law enforcement officer of the Commission may set, charge, and adjust sion may be removed by the President only several States, and other appropriate officers varying fees on the basis of classifications of for cause. and agencies of Federal, State, and local persons, functions, and events determined ‘‘(c) EXECUTIVE DIRECTOR.— government, that Federal and State laws ap- appropriate by the Commission. ‘‘(1) IN GENERAL.—The Commission shall plicable to professional boxing matches in ‘‘(2) LIMITATIONS.—In setting and charging employ an Executive Director to perform the the United States are vigorously, effectively, fees under paragraph (1), the Commission administrative functions of the Commission and fairly enforced; shall ensure that, to the maximum extent under this Act, and such other functions and ‘‘(6) review boxing commission regulations practicable— duties of the Commission as the Commission for professional boxing and provide assist- ‘‘(A) club boxing is not adversely effected; shall specify. ance to such authorities in meeting min- ‘‘(B) sanctioning organizations and pro- ‘‘(2) DISCHARGE OF FUNCTIONS.—Subject to imum standards prescribed by the Commis- moters pay comparatively the largest por- the authority, direction, and control of the sion under this title; tion of the fees; and Commission the Executive Director shall ‘‘(7) serve as the coordinating body for all ‘‘(C) boxers pay as small a portion of the carry out the functions and duties of the efforts in the United States to establish and fees as is possible. Commission under this Act. maintain uniform minimum health and safe- ‘‘(3) COLLECTION.—Fees established under ‘‘(d) GENERAL COUNSEL.—The Commission ty standards for professional boxing; this subsection may be collected through shall employ a General Counsel to provide ‘‘(8) if the Commission determines it to be boxing commissions or by any other means legal counsel and advice to the Executive Di- appropriate, publish a newspaper, magazine, determined appropriate by the Commission. rector and the Commission in the perform- or other publication and establish and main- ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- ance of its functions under this Act, and to tain a website consistent with the purposes SONNEL. carry out such other functions and duties as of the Commission; ‘‘(a) REQUIREMENT FOR REGISTRY.—The the Commission shall specify. ‘‘(9) procure the temporary and intermit- Commission shall establish and maintain (or ‘‘(e) STAFF.—The Commission shall employ tent services of experts and consultants to authorize a third party to establish and such additional staff as the Commission con- the extent authorized by section 3109(b) of maintain) a unified national computerized siders appropriate to assist the Executive Di- title 5, United States Code, at rates the Com- registry for the collection, storage, and re- rector and the General Counsel in carrying mission determines to be reasonable; and trieval of information related to the per- out the functions and duties of the Commis- ‘‘(10) promulgate rules, regulations, and formance of its duties. sion under this Act. guidance, and take any other action nec- ‘‘(b) CONTENTS.—The information in the ‘‘(f) COMPENSATION.— essary and proper to accomplish the purposes registry shall include the following: ‘‘(1) MEMBERS OF COMMISSION.— of, and consistent with, the provisions of this ‘‘(1) BOXERS.—A list of professional boxers ‘‘(A) IN GENERAL.—Each member of the title. and data in the medical registry established Commission shall be compensated at a rate ‘‘(c) PROHIBITIONS.—The Commission may under section 114 of this Act, which the Com- equal to the daily equivalent of the annual not— mission shall secure from disclosure in ac- rate of basic pay prescribed for level IV of ‘‘(1) promote boxing events or rank profes- cordance with the confidentiality require- the Executive Schedule under section 5315 of sional boxers; or ments of section 114(c). title 5, United States Code, for each day (in- ‘‘(2) provide technical assistance to, or au- ‘‘(2) OTHER PERSONNEL.—Information (per- cluding travel time) during which such mem- thorize the use of the name of the Commis- tinent to the sport of professional boxing) on ber is engaged in the performance of the du- sion by, boxing commissions that do not boxing promoters, boxing matchmakers, box- ties of the Commission. comply with requirements of the Commis- ing managers, trainers, cut men, referees, ‘‘(B) TRAVEL EXPENSES.—The members of sion. boxing judges, physicians, and any other per- the Commission shall be allowed travel ex- ‘‘(d) USE OF NAME.—The Commission shall sonnel determined by the Commission as per- penses, including per diem in lieu of subsist- have the exclusive right to use the name forming a professional activity for profes- ence, at rates authorized for employees of ‘United States Boxing Commission’. Any per- sional boxing matches. agencies under subchapter I of chapter 57 of son who, without the permission of the Com- ‘‘SEC. 206. CONSULTATION REQUIREMENTS. title 5, United States Code, while away from mission, uses that name or any other exclu- ‘‘The Commission shall consult with the their homes or regular places of business in sive name, trademark, emblem, symbol, or Association of Boxing Commissions— the performance of services for the Commis- insignia of the Commission for the purpose ‘‘(1) before prescribing any regulation or sion. of inducing the sale or exchange of any goods establishing any standard under the provi- ‘‘(2) EXECUTIVE DIRECTOR AND STAFF.—The or services, or to promote any exhibition, sions of this title; and Commission shall fix the compensation of performance, or sporting event, shall be sub- ‘‘(2) not less than once each year regarding the Executive Director, the General Counsel, ject to suit in a civil action by the Commis- matters relating to professional boxing. and other personnel of the Commission. The sion for the remedies provided in the Act of ‘‘SEC. 207. MISCONDUCT. rate of pay for the Executive Director, the July 5, 1946 (commonly known as the ‘Trade- ‘‘(a) SUSPENSION AND REVOCATION OF LI- General Counsel, and other personnel may mark Act of 1946’; 15 U.S.C. 1051 et seq.). CENSE OR REGISTRATION.— not exceed the rate payable for level V of the ‘‘SEC. 204. LICENSING AND REGISTRATION OF ‘‘(1) AUTHORITY.—The Commission may, Executive Schedule under section 5316 of BOXING PERSONNEL. after notice and opportunity for a hearing, title 5, United States Code. ‘‘(a) LICENSING.— suspend or revoke any license issued under ‘‘SEC. 203. FUNCTIONS. ‘‘(1) REQUIREMENT FOR LICENSE.—No person this title if the Commission finds that— ‘‘(a) PRIMARY FUNCTIONS.—The primary may compete in a professional boxing match ‘‘(A) the license holder has violated any functions of the Commission are— or serve as a boxing manager, boxing pro- provision of this Act; ‘‘(1) to protect the health, safety, and gen- moter, or sanctioning organization for a pro- ‘‘(B) there are reasonable grounds for belief eral interests of boxers consistent with the fessional boxing match except as provided in that a standard prescribed by the Commis- provisions of this Act; and a license granted to that person under this sion under this title is not being met, or that ‘‘(2) to ensure uniformity, fairness, and in- subsection. bribery, collusion, intentional losing, rack- tegrity in professional boxing. ‘‘(2) APPLICATION AND TERM.— eteering, extortion, or the use of unlawful ‘‘(b) SPECIFIC FUNCTIONS.—The Commission ‘‘(A) IN GENERAL.—The Commission shall— threats, coercion, or intimidation have oc- shall— ‘‘(i) establish application procedures, curred in connection with a license; or ‘‘(1) administer title I of this Act; forms, and fees; ‘‘(C) the suspension or revocation is nec- ‘‘(2) promulgate uniform standards for pro- ‘‘(ii) establish and publish appropriate essary for the protection of health and safety fessional boxing in consultation with the As- standards for licenses granted under this sec- or is otherwise in the public interest. sociation of Boxing Commissions; tion; and ‘‘(2) PERIOD OF SUSPENSION.— ‘‘(3) except as otherwise determined by the ‘‘(iii) issue a license to any person who, as ‘‘(A) IN GENERAL.—A suspension of a li- Commission, oversee all professional boxing determined by the Commission, meets the cense under this section shall be effective for matches in the United States; standards established by the Commission a period determined appropriate by the Com- ‘‘(4) work with the boxing commissions of under this title. mission except as provided in subparagraph the several States and tribal organizations— ‘‘(B) DURATION.—A license issued under (B). ‘‘(A) to improve the safety, integrity, and this section shall be for a renewable— ‘‘(B) SUSPENSION FOR MEDICAL REASONS.—In professionalism of professional boxing in the ‘‘(i) 4-year term for a boxer; and the case of a suspension or denial of the li- United States; ‘‘(ii) 2-year term for any other person. cense of a boxer for medical reasons by the

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00182 Fmt 0624 Sfmt 0634 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY May 9, 2005 CONGRESSIONAL RECORD — SENATE S4793 Commission, the Commission may terminate that person may tend to incriminate the per- ‘‘SEC. 210. REPORTS. the suspension or denial at any time that a son or subject the person to a penalty or for- ‘‘(a) ANNUAL REPORT.—The Commission physician certifies that the boxer is fit to feiture. shall submit a report on its activities to the participate in a professional boxing match. ‘‘(B) LIMITED IMMUNITY.—No individual Senate Committee on Commerce, Science, The Commission shall prescribe the stand- may be prosecuted or subject to any penalty and Transportation and the House of Rep- ards and procedures for accepting certifi- or forfeiture for, or on account of, any trans- resentatives Committee on Commerce each cations under this subparagraph. action, matter, or thing concerning the mat- year. The annual report shall include— ‘‘(3) PERIOD OF REVOCATION.—In the case of ter about which that individual is compelled, ‘‘(1) a detailed discussion of the activities a revocation of the license of a boxer, the after having claimed a privilege against self- of the Commission for the year covered by revocation shall be for a period of not less incrimination, to testify or produce evi- the report; and than 1 year. dence, documentary or otherwise, except ‘‘(2) an overview of the licensing and en- ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— that the individual so testifying shall not be forcement activities of the State and tribal ‘‘(1) AUTHORITY.—The Commission may— exempt from prosecution and punishment for organization boxing commissions. ‘‘(A) conduct any investigation that it con- perjury committed in so testifying. ‘‘(b) PUBLIC REPORT.—The Commission siders necessary to determine whether any ‘‘(5) INJUNCTIVE RELIEF.—If the Commission shall annually issue and publicize a report of person has violated, or is about to violate, determines that any person is engaged or the Commission on the progress made at any provision of this Act or any regulation about to engage in any act or practice that Federal and State levels and on Indian lands prescribed under this Act; constitutes a violation of any provision of in the reform of professional boxing, which ‘‘(B) require or permit any person to file this Act, or of any regulation prescribed shall include comments on issues of con- with it a statement in writing, under oath or under this Act, the Commission may bring tinuing concern to the Commission. otherwise as the Commission shall deter- an action in the appropriate district court of ‘‘(c) FIRST ANNUAL REPORT ON THE COMMIS- mine, as to all the facts and circumstances the United States, the United States District SION.—The first annual report under this concerning the matter to be investigated; Court for the District of Columbia, or the title shall be submitted not later than 2 ‘‘(C) in its discretion, publish information United States courts of any territory or years after the effective date of this title. concerning any violations; and other place subject to the jurisdiction of the ‘‘SEC. 211. INITIAL IMPLEMENTATION. ‘‘(D) investigate any facts, conditions, United States, to enjoin the act or practice, ‘‘(a) TEMPORARY EXEMPTION.—The require- practices, or matters to aid in the enforce- and upon a proper showing, the court shall ments for licensing under this title do not ment of the provisions of this Act, in the grant without bond a permanent or tem- apply to a person for the performance of an prescribing of regulations under this Act, or porary injunction or restraining order. activity as a boxer, boxing judge, or referee, in securing information to serve as a basis ‘‘(6) MANDAMUS.—Upon application of the or the performance of any other professional for recommending legislation concerning the Commission, the district courts of the activity in relation to a professional boxing matters to which this Act relates. United States, the United States District match, if the person is licensed by a boxing ‘‘(2) POWERS.— Court for the District of Columbia, and the commission to perform that activity as of ‘‘(A) IN GENERAL.—For the purpose of any United States courts of any territory or the effective date of this title. investigation under paragraph (1) or any other place subject to the jurisdiction of the ‘‘(b) EXPIRATION.—The exemption under other proceeding under this title— United States, shall have jurisdiction to subsection (a) with respect to a license ‘‘(i) any officer designated by the Commis- issue writs of mandamus commanding any issued by a boxing commission expires on the sion may administer oaths and affirmations, earlier of— subpoena or otherwise compel the attend- person to comply with the provisions of this ‘‘(1) the date on which the license expires; ance of witnesses, take evidence, and require Act or any order of the Commission. NTERVENTION IN CIVIL ACTIONS.— or the production of any books, papers, cor- ‘‘(c) I ‘‘(2) the date that is 2 years after the date respondence, memoranda, or other records ‘‘(1) IN GENERAL.—The Commission, on be- of the enactment of the Professional Boxing the Commission considers relevant or mate- half of the public interest, may intervene of Amendments Act of 2005. rial to the inquiry; and right as provided under rule 24(a) of the Fed- ‘‘(ii) the provisions of sections 6002 and 6004 eral Rules of Civil Procedure in any civil ac- ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. of title 18, United States Code, shall apply. tion relating to professional boxing filed in a ‘‘(a) IN GENERAL.—There are authorized to ‘‘(B) WITNESSES AND EVIDENCE.—The at- district court of the United States. be appropriated for the Commission for each tendance of witnesses and the production of ‘‘(2) AMICUS FILING.—The Commission may fiscal year such sums as may be necessary any documents under subparagraph (A) may file a brief in any action filed in a court of for the Commission to perform its functions be required from any place in the United the United States on behalf of the public infor that fiscal year. States, including Indian land, at any des- terest in any case relating to professional ‘‘(b) RECEIPTS CREDITED AS OFFSETTING ignated place of hearing. boxing. COLLECTIONS.—Notwithstanding section 3302 ‘‘(3) ENFORCEMENT OF SUBPOENAS.— ‘‘(d) HEARINGS BY COMMISSION.—Hearings of title 31, United States Code, any fee col- ‘‘(A) CIVIL ACTION.—In case of contumacy conducted by the Commission under this Act lected under this title— by, or refusal to obey a subpoena issued to, shall be public and may be held before any ‘‘(1) shall be credited as offsetting collec- any person, the Commission may file an ac- officer of the Commission. The Commission tions to the account that finances the activi- tion in any district court of the United shall keep appropriate records of the hear- ties and services for which the fee is im- States within the jurisdiction of which an in- ings. posed; vestigation or proceeding is carried out, or ‘‘SEC. 208. NONINTERFERENCE WITH BOXING ‘‘(2) shall be available for expenditure only where that person resides or carries on busi- COMMISSIONS. to pay the costs of activities and services for ness, to enforce the attendance and testi- ‘‘(a) NONINTERFERENCE.—Nothing in this which the fee is imposed; and mony of witnesses and the production of Act prohibits any boxing commission from ‘‘(3) shall remain available until ex- books, papers, correspondence, memoran- exercising any of its powers, duties, or func- pended.’’. dums, and other records. The court may tions with respect to the regulation or super- (b) CONFORMING AMENDMENTS.— issue an order requiring the person to appear vision of professional boxing or professional (1) PBSA.—The Professional Boxing Safety before the Commission to produce records, if boxing matches to the extent not incon- Act of 1996, as amended by this Act, is fur- so ordered, or to give testimony concerning sistent with the provisions of this Act. ther amended— the matter under investigation or in ques- ‘‘(b) MINIMUM STANDARDS.—Nothing in this (A) by amending section 1 to read as fol- tion. Act prohibits any boxing commission from lows: ‘‘(B) FAILURE TO OBEY.—Any failure to obey enforcing local standards or requirements ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. an order issued by a court under subpara- that exceed the minimum standards or re- ‘‘(a) SHORT TITLE.—This Act may be cited graph (A) may be punished as contempt of quirements promulgated by the Commission as the ‘Professional Boxing Safety Act’. that court. under this Act. ‘‘(b) TABLE OF CONTENTS.—The table of ‘‘(C) PROCESS.—All process in any con- ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. contents for this Act is as follows: tempt case under subparagraph (A) may be ‘‘Any employee of any executive depart- ‘‘Sec. 1. Short title; table of contents. served in the judicial district in which the ment, agency, bureau, board, commission, of- ‘‘Sec. 2. Definitions. person is an inhabitant or in which the per- fice, independent establishment, or instru- ‘‘TITLE I—PROFESSIONAL BOXING son may be found. mentality may be detailed to the Commis- SAFETY ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— sion, upon the request of the Commission, on ‘‘Sec. 101. Purposes. ‘‘(A) IN GENERAL.—No person may be ex- a reimbursable or nonreimbursable basis, ‘‘Sec. 102. Approval or sanction require- cused from attending and testifying or from with the consent of the appropriate author- ment. producing books, papers, contracts, agree- ity having jurisdiction over the employee. ‘‘Sec. 103. Safety standards. ments, and other records and documents be- While so detailed, an employee shall con- ‘‘Sec. 104. Registration. fore the Commission, in obedience to the tinue to receive the compensation provided ‘‘Sec. 105. Review. subpoena of the Commission, or in any cause pursuant to law for the employee’s regular ‘‘Sec. 106. Reporting. or proceeding instituted by the Commission, position of employment and shall retain, ‘‘Sec. 107. Contract requirements. on the ground that the testimony or evi- without interruption, the rights and privi- ‘‘Sec. 108. Protection from coercive con- dence, documentary or otherwise, required of leges of that employment. tracts.

VerDate Mar 15 2010 20:39 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00183 Fmt 0624 Sfmt 0655 E:\2005SENATE\S09MY5.REC S09MY5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4794 CONGRESSIONAL RECORD — SENATE May 9, 2005 ‘‘Sec. 109. Sanctioning organizations. satellite program service providers, hotels, way bill. The managers will work ‘‘Sec. 110. Required disclosures to State casinos, resorts, and other commercial estab- through amendments, and we expect to boxing commissions by sanc- lishments that host or sponsor professional make good progress on the bill during tioning organizations. boxing matches, and other interested parties the day tomorrow. Again, it is my in- ‘‘Sec. 111. Required disclosures by pro- with respect to the definition of that term as moters and broadcasters. it is used in the Professional Boxing Safety tention to finish the bill by the end of ‘‘Sec. 112. Medical registry. Act. the week. Senators who wish to offer ‘‘Sec. 113. Confidentiality. (c) REPORT.—Not later than 12 months amendments should inform the bill ‘‘Sec. 114. Judges and referees. after the date of the enactment of this Act, managers as soon as possible. So roll- ‘‘Sec. 115. Conflicts of interest. the Commission shall submit to the Com- call votes in relation to amendments to ‘‘Sec. 116. Enforcement. mittee on Commerce, Science, and Transpor- ‘‘Sec. 117. Professional boxing matches the highway bill will be expected to- tation of the Senate and the Committee on morrow afternoon as well. conducted on Indian lands. Energy and Commerce of the House of Rep- ‘‘Sec. 118. Relationship with State or resentatives a report on the study conducted f Tribal law. under subsection (a). The report shall— ORDER FOR ADJOURNMENT ‘‘TITLE II—UNITED STATES BOXING (1) set forth a proposed definition of the COMMISSION term ‘‘promoter’’ for purposes of the Profes- Mr. MCCONNELL. Mr. President, I ‘‘Sec. 201. Purpose. sional Boxing Safety Act; and understand there is one more Member ‘‘Sec. 202. United States Boxing Commis- (2) describe the findings, conclusions, and coming over who would like to speak. sion. rationale of the Commission for the proposed If there is no further business to come ‘‘Sec. 203. Functions. definition, together with any recommenda- before the Senate, I ask unanimous ‘‘Sec. 204. Licensing and registration of tions of the Commission, based on the study. consent that the Senate stand in ad- boxing personnel. SEC. 23. EFFECTIVE DATE. journment under the previous order ‘‘Sec. 205. National registry of boxing (a) IN GENERAL.—Except as provided in personnel. subsection (b), the amendments made by this after the remarks of Senator LAUTEN- ‘‘Sec. 206. Consultation requirements. Act shall take effect on the date of enact- BERG, who I believe is on his way, for 5 ‘‘Sec. 207. Misconduct. ment of this Act. minutes. ‘‘Sec. 208. Noninterference with boxing (b) 1-YEAR DELAY FOR CERTAIN TITLE II The PRESIDING OFFICER. Without commissions. PROVISIONS.—Sections 205 through 212 of the ‘‘Sec. 209. Assistance from other agen- objection, it is so ordered. Professional Boxing Safety Act of 1996, as Mr. MCCONNELL. I suggest the ab- cies. added by section 21(a) of this Act, shall take ‘‘Sec. 210. Reports. sence of a quorum. effect 1 year after the date of enactment of ‘‘Sec. 211. Initial implementation. The PRESIDING OFFICER. The this Act. ‘‘Sec. 212. Authorization of appropria- clerk will call the roll. tions.’’; f The legislative clerk proceeded to (B) by inserting before section 3 the fol- ORDERS FOR TUESDAY, MAY 10, call the roll. lowing: 2005 The PRESIDING OFFICER. In my ‘‘TITLE I—PROFESSIONAL BOXING capacity as a Senator from Louisiana, SAFETY’’; Mr. MCCONNELL. Mr. President, I ask unanimous consent that when the I ask unanimous consent that the (C) by redesignating sections 3, 4, 5, 6, 7, 8, quorum call be dispensed with. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as Senate completes its business today, it Without objection, it is so ordered. sections 101 through 118, respectively; stand in adjournment until 9:45 tomor- (D) by striking subsection (a) of section row, Tuesday, May 10. f 113, as redesignated, and inserting the fol- I further ask that following the pray- ADJOURNMENT UNTIL 9:45 A.M. lowing: er and pledge, the morning hour be ‘‘(a) IN GENERAL.—Except to the extent re- TOMORROW quired in a legal, administrative, or judicial deemed expired, the Journal of proceedings be approved to date, the time The PRESIDING OFFICER. Under proceeding, a boxing commission, an Attor- the previous order, the Senate is ad- ney General, or the Commission may not dis- for the two leaders be reserved, and the close to the public any matter furnished by Senate then begin a period for morning journed until 9:45 a.m. tomorrow. a promoter under section 111.’’; business for up to 60 minutes, with the Thereupon, the Senate, at 7:10 p.m., (E) by striking ‘‘section 13’’ in subsection first 30 minutes under the control of adjourned until Tuesday, May 10, 2005, (b) of section 113, as redesignated, and insert- the majority leader or his designee and at 9:45 a.m. ing ‘‘section 111’’; the final 30 minutes under the control f (F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or of the Democratic leader or his des- 16,’’ in paragraph (1) of section 116(b), as re- NOMINATIONS designated, and inserting ‘‘107, 108, 109, 110, ignee; provided that following morning 111, or 114,’’; business, the Senate begin consider- Executive nominations received by (G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16’’ ation of the conference report to ac- the Senate May 9, 2005: in paragraph (2) of section 116(b), as redesig- company H.R. 1268, the Iraq-Afghani- NATIONAL CREDIT UNION ADMINISTRATION nated, and inserting ‘‘107, 108, 109, 110, 111, or stan supplemental appropriations bill. RODNEY E. HOOD, OF NORTH CAROLINA, TO BE A MEM- 114’’; I further ask consent that the Senate BER OF THE NATIONAL CREDIT UNION ADMINISTRATION (H) by striking ‘‘section 17(a)’’ in sub- recess from 12:30 to 2:15 for the weekly BOARD FOR A TERM EXPIRING APRIL 10, 2009, VICE DEN- section (b)(3) of section 116, as redesignated, NIS DOLLAR, RESIGNED. and inserting ‘‘section 115(a)’’; party luncheons. DEPARTMENT OF COMMERCE The PRESIDING OFFICER. Without (I) by striking ‘‘section 10’’ in subsection JOHN J. SULLIVAN, OF MARYLAND, TO BE GENERAL (e)(3) of section 116, as redesignated, and in- objection, it is so ordered. COUNSEL OF THE DEPARTMENT OF COMMERCE, VICE THEODORE WILLIAM KASSINGER, RESIGNED. serting ‘‘section 108’’; and f (J) by striking ‘‘of this Act’’ each place it DEPARTMENT OF ENERGY appears in sections 101 through 120, as redes- PROGRAM JILL L. SIGAL, OF WYOMING, TO BE ASSISTANT SEC- ignated, and inserting ‘‘of this title’’. RETARY OF ENERGY (CONGRESSIONAL AND INTERGOV- Mr. MCCONNELL. Tomorrow, fol- ERNMENTAL AFFAIRS), VICE RICK A. DEARBORN. (2) COMPENSATION OF MEMBERS.—Section lowing morning business, the Senate 5315 of title 5, United States Code, is amend- DEPARTMENT OF THE INTERIOR will begin consideration of the supple- ed by adding at the end the following: R. THOMAS WEIMER, OF COLORADO, TO BE AN ASSIST- ‘‘Members of the United States Boxing mental appropriations conference re- ANT SECRETARY OF THE INTERIOR, VICE PATRICIA Commission.’’. port. Several Members have indicated a LYNN SCARLETT. SEC. 22. STUDY AND REPORT ON DEFINITION OF desire to speak on the conference re- DEPARTMENT OF STATE PROMOTER. port. I encourage anyone who wishes to JAMES M. DERHAM, OF VIRGINIA, A CAREER MEMBER (a) STUDY.—The United States Boxing speak to contact the managers at this OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Commission shall conduct a study on how time. It is my expectation that we will PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA the term ‘‘promoter’’ should be defined for be able to lock in a short time agree- TO THE REPUBLIC OF GUATEMALA. purposes of the Professional Boxing Safety ROBERT JOHANN DIETER, OF COLORADO, TO BE AMBAS- ment tomorrow morning. Senators SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Act. should therefore expect a vote on the THE UNITED STATES OF AMERICA TO BELIZE. (b) HEARINGS.—As part of that study, the ZALMAY KHALILZAD, OF MARYLAND, TO BE AMBAS- Commission shall hold hearings and solicit conference report by early afternoon. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF For the remainder of the week, we THE UNITED STATES OF AMERICA TO IRAQ. testimony at those hearings from boxers, RODOLPHE M. VALLEE, OF VERMONT, TO BE AMBAS- managers, promoters, premium, cable, and will continue consideration of the high- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF

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THE UNITED STATES OF AMERICA TO THE SLOVAK RE- JERRY W. HILL, JR., OF WEST VIRGINIA IN THE NAVY PUBLIC. MICHELLE L. HOYT, OF VIRGINIA WILLIAM F. HURST, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF VETERANS AFFAIRS MELODY A. HUSLAGE, OF FLORIDA IN THE UNITED STATES NAVY TO THE GRADE INDICATED JAMES PHILIP TERRY, OF VIRGINIA, TO BE CHAIRMAN RYAN B. HUSTON, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: OF THE BOARD OF VETERANS’ APPEALS FOR A TERM OF SARAH ELIZABETH HUTCHISON, OF VIRGINIA To be rear admiral SIX YEARS, VICE ELIGAH DANE CLARK, TERM EXPIRED. ERIK C. JORGENSEN, OF VIRGINIA SCOTT D. JUDAH, OF MARYLAND REAR ADM. (LH) MARK A. HUGEL, 0000 FOREIGN SERVICE KRISTEN M. KATZER, OF MARYLAND R. DAVID KITCHEN, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JEFFREY M. KLEM, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JENNIFER G. KOELM, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: FICERS OF THE CLASS STATED. FOR APPOINTMENT AS LISA SHIH-YUN LIAO, OF NEW YORK FOREIGN SERVICE OFFICER OF CLASS ONE, CONSULAR To be rear admiral TYLER A. LONG, OF VIRGINIA OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE JENNIFER L. LUDDERS, OF IDAHO REAR ADM. (LH) THOMAS K. BURKHARD, 0000 OF THE UNITED STATES OF AMERICA: DIANA J. LUTS, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AGENCY FOR INTERNATIONAL DEVELOPMENT SUZANNE S. MCGUIRE, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED GRETCHEN M. MCKEEVER, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: CHARLES W. HOWELL, OF WASHINGTON RORY JAMES MCLAREN, OF VIRGINIA PATRICIA L. RADER, OF MARYLAND SAMUEL S. MIKHELSON, OF NEW JERSEY To be rear admiral KEITH A. MOLCHANY, OF VIRGINIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF REAR ADM. (LH) DONNA L. CRISP, 0000 CLASS TWO, CONSULAR OFFICER AND SECRETARY IN DANIEL R. MYERS, OF OREGON THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TRACY J. NABER, OF COLORADO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AMERICA: JENNIFER NEHEZ, OF FLORIDA IN THE UNITED STATES NAVY TO THE GRADE INDICATED STEVEN E. OCONE, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: AGENCY FOR INTERNATIONAL DEVELOPMENT DERIC T. OLSCHNER, OF VIRGINIA LEKSHMI V. PANIKER, OF VIRGINIA To be rear admiral KAREN R. HUNTER, OF TENNESSEE JAMI L. PAPA, OF PENNSYLVANIA REAR ADM. (LH) MICHAEL S. ROESNER, 0000 TERESA L. MCGHIE, OF NEVADA AMANDA E. PERCIVAL, OF WASHINGTON KIM ANNE ROBINSON, OF PENNSYLVANIA MICHELE LOUISE PETERSEN, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MONICA SMITH, OF NEW YORK JOHN E. REEVES, OF VIRGINIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED LITTLETON WALTER TAZEWELL, OF VIRGINIA GEORGE CHARLES SALMOIRAGHI, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SUSAN SAPP, OF VIRGINIA To be rear admiral CLASS THREE, CONSULAR OFFICER AND SECRETARY IN LINDA SILVERMAN, OF WISCONSIN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SCOTT EDWARD SOMMERS, OF ILLINOIS REAR ADM. (LH) DAVID J. VENLET, 0000 AMERICA: KIM MARIE STEENBERG, OF THE DISTRICT OF COLUMBIA PAUL STEVENSON, OF NEW YORK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AGENCY FOR INTERNATIONAL DEVELOPMENT MATTHEW R. STOKES, OF CALIFORNIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED J. CHRISTIAN TERRY, OF VIRGINIA UNDER TITLE 10, U.S.C., SECTION 624: REED J. AESCHILIMAN, OF WASHINGTON CELIA THOMPSON, OF TEXAS JIM NELSON BARNHART, JR., OF GEORGIA To be rear admiral DEANNA L. THOMPSON, OF VIRGINIA ROBERT MICHAEL BIRKENES, OF WEST VIRGINIA JONATHAN C. TURLEY, OF GEORGIA REAR ADM. (LH) BRUCE W. CLINGAN, 0000 DAVID G. BROWN, OF MARYLAND MARK ANDREW TURNER, OF NEW HAMPSHIRE REAR ADM. (LH) DERWOOD C. CURTIS, 0000 CARYLE CAMMISA, OF MARYLAND WAYNE C. VANDERPOOL, OF VIRGINIA REAR ADM. (LH) PETER H. DALY, 0000 LAURIE DE FREESE, OF VIRGINIA CHRISTOPHER DANIEL VOGT, OF COLORADO REAR ADM. (LH) KENNETH W. DEUTSCH, 0000 NATASHA M. DE MARCKEN, OF MINNESOTA BRENDAN D. WALSH, OF VIRGINIA REAR ADM. (LH) MARK T. EMERSON, 0000 ELIZABETH A. DRABANT, OF VIRGINIA ANDREW JONATHAN WEBSTER-MAIN, OF WASHINGTON REAR ADM. (LH) JEFFREY L. FOWLER, 0000 AMR H. ELATTAR, OF CALIFORNIA RHONDA WELLS, OF FLORIDA REAR ADM. (LH) GARRY E. HALL, 0000 MERVYN ELLIS, OF NEW YORK KAREN K. WIEBELHAUS, OF VIRGINIA REAR ADM. (LH) LEENDERT R. HERING, SR., 0000 ANDREW J. KARAS, OF CONNECTICUT PAULA CHRISTIE WIKLE, OF FLORIDA REAR ADM. (LH) ALAN B. HICKS, 0000 SEPIDEH KEYVANSHAD, OF ILLINOIS DAPHNE T. WILLIAMSON, OF VIRGINIA REAR ADM. (LH) STEPHEN E. JOHNSON, 0000 REBECCA LATORRACA, OF THE DISTRICT OF COLUMBIA TRENT NICHOLAS WILSON, OF THE DISTRICT OF COLUM- REAR ADM. (LH) CARL V. MAUNEY, 0000 JO LESSER OLTHETEN, OF ARIZONA BIA REAR ADM. (LH) BERNARD J. MCCULLOUGH III, 0000 CATIE LOTT, OF WASHINGTON COLIN H. WOOD, OF THE DISTRICT OF COLUMBIA REAR ADM. (LH) MICHAEL H. MILLER, 0000 SANDRA K. MINKEL, OF NEVADA AMY ELIZABETH WUEBBELS, OF ARIZONA REAR ADM. (LH) ALLEN G. MYERS, 0000 STEVEN GEHALE OLIVE, OF FLORIDA HECTOR U. ZUCCOLOTTO, OF THE DISTRICT OF COLUMBIA REAR ADM. (LH) JOSEPH A. WALSH, 0000 JOHN D. SMITH-SREEN, OF FLORIDA REAR ADM. (LH) MELVIN G. WILLIAMS, JR., 0000 SUNIL SEBASTIAN XAVIER, OF CALIFORNIA IN THE AIR FORCE REAR ADM. (LH) JAMES A. WINNEFELD, JR., 0000 BRIAN S. CONKLIN, OF CALIFORNIA DANIEL LEE DRIGGERS, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JILL DIANE KELLEY, OF FLORIDA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVAL RESERVE TO THE GRADE KIMBERLY ANNE ROSEN, OF PENNSYLVANIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RYAN G. WASHBURN, OF FLORIDA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be rear admiral (lower half) SHIRLEY D. HOFFMAN, OF VIRGINIA 601: JOANN FELDMAN LAWRENCE, OF FLORIDA To be lieutenant general CAPT. CAROL M. POTTENGER, 0000 WILLIAM M. PATTERSON, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT M. PEDRAZA, OF TEXAS MAJ. GEN. KEVIN P. CHILTON, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- To be rear admiral (lower half) THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CATED UNDER TITLE 10, U.S.C., SECTION 624: AMERICA: CAPT. NATHAN E. JONES, 0000 To be major general DEPARTMENT OF STATE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL DANA T. ATKINS, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE BISOLA OJIKUTU, OF WASHINGTON BRIGADIER GENERAL TED F. BOWLDS, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203 THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN BRIGADIER GENERAL PHILIP M. BREEDLOVE, 0000 To be rear admiral (lower half) SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- BRIGADIER GENERAL DAVID E. CLARY, 0000 TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED BRIGADIER GENERAL DAVID M. EDGINGTON, 0000 CAPT. ALBERT GARCIA III, 0000 STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- BRIGADIER GENERAL DELWYN R. EULBERG, 0000 CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE BRIGADIER GENERAL DAVID S. GRAY, 0000 IN THE AIR FORCE OF THE UNITED STATES OF AMERICA: BRIGADIER GENERAL WENDELL L. GRIFFIN, 0000 BRIGADIER GENERAL IRVING L. HALTER, JR., 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF COMMERCE BRIGADIER GENERAL KEVIN J. KENNEDY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIGADIER GENERAL JOHN C. KOZIOL, 0000 FORCE AND AS PERMANENT PROFESSOR, UNITED DINAH M. MCDOUGALL, OF TEXAS BRIGADIER GENERAL WILLIAM T. LORD, 0000 STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., DEPARTMENT OF STATE BRIGADIER GENERAL ARTHUR B. MORRILL III, 0000 SECTIONS 9333(B) AND 9336(A): BRIGADIER GENERAL LARRY D. NEW, 0000 To be colonel AMANDA MARGARET ANDERSON, OF VIRGINIA BRIGADIER GENERAL RICHARD Y. NEWTON III, 0000 GARY B. APPLEGARTH, OF THE DISTRICT OF COLUMBIA BRIGADIER GENERAL ALLEN G. PECK, 0000 MICHAEL E. VAN VALKENBURG, 0000 JOHN W. BARBIAN, OF WISCONSIN BRIGADIER GENERAL JEFFREY R. RIEMER, 0000 IN THE ARMY MARISA W. BARTHEL, OF VIRGINIA BRIGADIER GENERAL ERIC J. ROSBORG, 0000 PAMELA BENTLEY, OF THE DISTRICT OF COLUMBIA BRIGADIER GENERAL DAVID J. SCOTT, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- THEODOR T. BIERSCHENK, OF VIRGINIA BRIGADIER GENERAL MARK D. SHACKELFORD, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED SAAD SYED BOKHARI, OF COLORADO BRIGADIER GENERAL JOHN T. SHERIDAN, 0000 STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: MATTHEW HAWES BOLAND, OF NEW JERSEY BRIGADIER GENERAL GREGORY L. TREBON, 0000 AMY M. CANNING, OF NEW YORK BRIGADIER GENERAL JOHNNY A. WEIDA, 0000 To be colonel MELISSA CARLSON, OF THE DISTRICT OF COLUMBIA BRIGADIER GENERAL ROY M. WORDEN, 0000 DAVID RAY CAUDILL, JR., OF OHIO CATHERINE D SCHOONOVER, 0000 JEREMY H. CHEN, OF MARYLAND IN THE ARMY To be lieutenant colonel KRISTEN MAREE CLEARY, OF NEW YORK ERIC M. COLLINGS, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PHILIP K ABBOTT, 0000 RICHARD D. CRANDELL, OF VIRGINIA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- KENNETH L BUHOLTZ, 0000 MYCA R. CRAVEN, OF WASHINGTON CATED UNDER TITLE 10, U.S.C., SECTION 12203: KELLY N CAMPBELL, 0000 WILLIAM T CEARLEY, 0000 ADAM NELSON DAVIS, OF MINNESOTA To be brigadier general CARLISLE RAGLAND DAVIS III, OF NEW YORK JONATHAN M CROSBY, 0000 THOMAS COLLEY EATON, OF VIRGINIA COL. NEIL DIAL, 0000 KAREN M EGGERT, 0000 JOSEPH W. ELLIS, OF VIRGINIA ROBERT S KEATING, 0000 BRIAN S. EUBANK, OF VIRGINIA IN THE MARINE CORPS GARY E REISENWITZ, 0000 GREGORY A. FLOYD, OF CALIFORNIA ROBERT B ROBBINS, 0000 YURI K. FOREHAND, OF MARYLAND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VICTOR J SARNA, 0000 NEWTON JEFFREY GASKILL, OF TEXAS IN THE UNITED STATES MARINE CORPS TO THE GRADE CHARLES W SCHIEFFER, 0000 MATILDA F. GAWF, OF TEXAS INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- SHERRILL R SINK, 0000 ATHEENA RENEE GEIGER, OF MARYLAND TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., FRANCIS J SMITH, JR, 0000 LOREN B. GIALLANELLA, OF MASSACHUSETTS SECTION 601: STEPHEN M TOBIN, 0000 MICHAEL J. GREER, OF TEXAS To be lieutenant general To be major ROBERT C. HANSEN, JR., OF NORTH CAROLINA BETH ANN BOWDEN HERBOLICH, OF ARIZONA LT. GEN. ROBERT R. BLACKMAN, JR., 0000 ELIZABETH M ADAMS, 0000

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HOLTORF R ALONSO, 0000 JOSEPH A HARVEY, 0000 LAHN M PITCHFORD, 0000 WILLIAM J BARNETT, 0000 DOUGLAS C HOENIG, 0000 KAREN L PUSCHUS, 0000 PAUL G BELOBRAJDIC, 0000 CLIFFORD M HOPPMAN, 0000 RUSSELL N REILING, JR, 0000 THOMAS M BISCHOF, 0000 ROBERT F JEAN, 0000 DINO J SARRACINO, 0000 MICHAEL A BOEHME, 0000 MONROE C JONES, 0000 BRUCE T SHATTUCK, 0000 ADRIAN T BOGART III, 0000 LAWRENCE D KATZ, 0000 DAVID P SHINES, 0000 RONALD L BOLTON, JR, 0000 GARY W KING, 0000 CHRISTOPHER P SLYMAN, 0000 WILLIAM W BOUCHER, 0000 JOHN S KING, 0000 ROCCIE A SOSCIA, 0000 ROBERT J BRINKMANN, 0000 MICHAEL K KING, 0000 BERNHARD SPOERRI, 0000 MICHAEL G CHAPPELL, 0000 EDWARD M LAWSON, 0000 EDWIN J CRUZ, 0000 FRANK W MAUDIE, 0000 TROY D STEBBINS, 0000 DOUGLAS J DAVIDS, 0000 MICHAEL C MCCALL, 0000 JOAN T SWEENY, 0000 BRADLEY K DREYER, 0000 MICHAEL C MCCURRY II, 0000 JACQUELINE R TREGRE, 0000 RONNY E ECHELBERGER, 0000 JOEL W MILLER, 0000 KEVIN J WARREN, 0000 JEFFREY K ERRON, 0000 RUSSELL S MILLER, 0000 ANDREW K WATSON, 0000 RODNEY D FAUST, 0000 THOMAS B MURPHREE, 0000 LISA M WEIDE, 0000 KARL L FRANKE, 0000 WILLIAM J NOONAN, JR, 0000 FREDERICK P WELLMAN, 0000 GREG W GAUNTLETT, 0000 QUINCY E NORMAN, 0000 PAUL D WERNER, 0000 KATHERINE J GRAEF, 0000 JOYCE M OAKLEY, 0000 THOMAS N WHITAKER, 0000 PETER J HABIC, 0000 DORT B PAYNE, 0000 VINCENT M YZNAGA, 0000

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IN HONOR OF THE DEDICATION OF Gerald Schoenfeld and Bernard B. Jacobs velop diverse educational programming for pa- THE GERALD SCHOENFELD AND Theatres. trons. BERNARD B. JACOBS THEATRES For their commitment to the theatre, their Leslie Berger has worked hard providing im- ON BROADWAY passion for the arts, and their efforts to better portant services to residents of Central New the lives of all New Yorkers, I congratulate Jersey. I am sure all my colleagues join me in HON. JERROLD NADLER and honor the Shubert Organization, and spe- congratulating Leslie Berger on her election as OF NEW YORK cifically Gerald Schoenfeld, and Bernard B. president of the American Library Association. I have no doubt that she will continue to be a IN THE HOUSE OF REPRESENTATIVES Jacobs, here today. f great advocate for libraries and library workers Monday, May 9, 2005 nationwide. Mr. NADLER. Mr. Speaker, I rise today to HONORING LESLIE BURGER f congratulate Gerald Schoenfeld and, post- HOLOCAUST REMEMBRANCE DAY humously, Bernard B. Jacobs on the occasion HON. RUSH D. HOLT of the dedication of the Schoenfeld and Ja- OF NEW JERSEY SPEECH OF cobs Theatres on Broadway. For over 20 suc- IN THE HOUSE OF REPRESENTATIVES cessful years, Schoenfeld and Jacobs ran the HON. HENRY A. WAXMAN Monday, May 9, 2005 Shubert Organization, America’s oldest profes- OF CALIFORNIA sional theatre company, as Chairman and Mr. HOLT. Mr. Speaker, I rise today to con- IN THE HOUSE OF REPRESENTATIVES President. With today’s dedication, they are gratulate Leslie Burger, who was recently Thursday, May 5, 2005 being honored with one of Broadway’s most elected president of the American Library As- Mr. WAXMAN. Mr. Speaker, I rise to com- cherished and esteemed accolades. sociation. Ms. Burger will serve for two years, memorate Yom HaShoah, Holocaust Martyrs’ Over the last 103 years, the Shubert Orga- as president-elect from July 2005 through and Heroes’ Remembrance Day, which is nization has owned hundreds of theatres and June 2006, and then will take over as presi- being observed today in the United States, produced hundreds of plays and musical. dent of the ALA until 2007. Israel, and in Jewish communities around the Since the 1980s, the company’s ticketing serv- The American Library Association is a Chi- world. ice has grown to become the leading ticket cago-based organization with more than Each year this day is one of grief and hope. provider in New York City’s thriving theatre in- 64,000 members. Established in 1876, the We memorialize the 6,000,000 Jews, including dustry. Founded at the end of the 19th cen- ALA offers leadership for the development, more than 1,000,000 children, who were mur- tury, three brothers, Sam, Lee and Jacob J. promotion, and improvement of libraries and li- dered in the Holocaust. We observe the anni- Shubert, from Syracuse, New York, founded brarians, to advance learning and guarantee versary of the Warsaw ghetto uprising and re- the organization. Today, the Shubert Organi- access to information for everyone. member the heroism of those who fought zation owns and/or operates 16 Broadway the- Leslie Burger is well prepared to serve as back. We honor the survivors and the tremen- atres and one Off-Broadway theatre in New president of the ALA. She received a master’s dous strength it took for them to rebuild their York City, as well as theatres in Boston, Phila- degree in organizational behavior from the lives. delphia, and Washington, DC. University of Hartford, and a master’s in library I would like to take this opportunity to ac- Bernard B. Jacobs was born in New York science from the University of Maryland—Col- knowledge two special commemorative cere- City in 1916. In his long career on Broadway, lege Park, following graduation from Southern monies that took place in my district. he produced hundreds of plays, and was nom- Connecticut State College. During her already First, let me pay tribute to Cafe´ Europa, an inated for and won numerous Tony Awards. In accomplished career, she has continually association of Los Angeles area Holocaust 1996, the Shubert Organization lost its be- fought to enhance and modernize libraries. survivors sponsored by Jewish Family Serv- loved and much admired President, and he Through her work at the Library Development ices. This week, Cafe´ Europa sponsored a was posthumously honored with the Special Solutions, a firm which she founded over 10 special Yom HaShoah ceremony at Mount Tony Award for Lifetime Achievement in 1997. years ago she has been a leader in integrating Sinai Memorial Park alongside Holocaust sur- Today, the Shubert Organization continues technology and developing new programs to vivors from Cafe´ Europa of Tel Aviv and stu- to thrive under the chairmanship of Gerald keep libraries around the country up to date. dents from area schools. I want to particularly Schoenfeld. Schoenfeld was born in New York Leslie has been the director of the Princeton thank the survivors who courageously and in 1924, and in his career has enjoyed tre- Public Library since 1999 in my district in New poignantly shared their painful experiences mendous success on Broadway. He is also Jersey. Leslie was instrumental in securing through stories, poems, songs and photo- deeply committed to the betterment of the City funding for a new library in Princeton which graphs. of New York, and is an active participant in opened over a year ago. She is a tireless I would also like to recognize a community- civic affairs. Schoenfeld, with his former col- worker in raising support (and funds) for the wide ceremony in Pan Pacific Park sponsored league, has produced hundreds of successful new building and services for the library. She by the Los Angeles Museum of the Holocaust, plays, and his been nominated for and won has spent time working the ‘‘front line’’ of the The Jewish Federation, Second Generation, dozens of Tony Awards. library, where she works with patrons of all and the Los Angeles Holocaust Monument Under the leadership of Schoenfeld and Ja- ages. She has reached out to underserved in- Fund. This year, the program’s theme, ‘‘From cobs, the Shubert Organization was reorga- dividuals by implementing new programs such Liberation to the Pursuit of Justice,’’ marks the nized into the powerhouse it is today. Over the as computer instruction in multiple languages 60th anniversary of the liberation of the con- past three decades, the organization has dedi- and diverse cultural programming. Leslie also centration camps and the Nuremberg Trials to cated its energies and resources to a long- served as president of the New Jersey Library prosecute Nazi war criminals. term campaign for the revitalization of the Association from 2001–2002. On this day we bear witness to the atrocities American theatre. Its many projects have in- Leslie has great plans for the future of the of the Nazi regime so that they are not forgot- cluded the refurbishment of all Shubert play- ALA. She hopes to improve salaries for librar- ten and are never again repeated. We renew houses, devoted participation in civic and ians and other library workers, as well as our commitment to Holocaust education to en- community affairs, and a continuing effort to modernize libraries so they are well equipped sure that the lessons of the Holocaust do not rehabilitate the Times Square Theatre District. for the new technologies of the 21st century. fade away as the generation that lived through Today, May 9, 2005, I am pleased to join She plans to fight against proposed library these events passes on. And perhaps most the Schoenfeld and Jacobs families, along closings and cutbacks and extend the Cam- importantly, we pledge to fight future genocide with Hugh Jackman, Dame Edna Everage, paign for America’s Libraries. As president of by taking action against the slaughter of inno- and the cast of the Broadway hit ‘‘Avenue Q’’ ALA, she will ensure equal access for all indi- cents going on today in places like Darfur, as the Shubert Organization dedicates the viduals to library services and continue to de- Sudan.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 04 2004 02:32 May 10, 2005 Jkt 039060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09MY8.001 E09PT1 E910 CONGRESSIONAL RECORD — Extensions of Remarks May 9, 2005 We cannot forget that the bloodshed could MOURNING THE PASSING OF REP- options. If there is no alternative, there is no have been averted had the leaders of the RESENTATIVE JOE. E. MORENO, freedom. A true alternative provides the op- world not been silent while Jews were being TEXAS STATE HOUSE OF REP- portunity to make a decision, to exercise virtue. In the blaze of the klieg lights, it is easy killed at Auschwitz. When we say ‘‘Never RESENTATIVES—DISTRICT 143 to make the ‘‘right’’ decision. That’s not an Again,’’ let us learn from their mistakes. exercise in virtue, because real alternatives HON. AL GREEN are effectively removed. The true selection f OF TEXAS among alternatives takes place in the dark- ness of night when nobody is looking. HONORING THE CONTRIBUTIONS IN THE HOUSE OF REPRESENTATIVES The focus and aim of international mar- OF MRS. WILLIE STEPHENITCH Monday, May 9, 2005 keting is on crossing borders. The goal is to provide more than one choice for customers, Mr. AL GREEN of Texas. Mr. Speaker, my letting them pick from a selection of options HON. JON C. PORTER heart is heavy as I pause today to pay tribute in order to maximize their satisfaction. OF NEVADA to my colleague and an outstanding public International marketing does so in all IN THE HOUSE OF REPRESENTATIVES servant, Joe Moreno who died tragically this comers of the globe, the glamorous ones as past Friday, May 6, 2005. well as in the small and remote ones where Monday, May 9, 2005 A native of Houston, Texas, Mr. Moreno the efforts are not seen by others. By oper- Mr. PORTER. Mr. Speaker, I rise today to represented District 143 in the Texas State ating both in the limelight and also well outside of it, international marketing offers the honor the contributions of Mrs. Willie House for more than seven years after being freedom to exercise virtue both to the seller Stephenitch to the State of Nevada. Mrs. elected with overwhelming grassroots support and the buyer—be it in decisions of sup- Stephenitch has been recently named one of in November, 1998. A graduate of St. Thomas plying or purchasing, pricing or selecting. eight national recipients of the ‘‘Making a Dif- High School, he attended St. Thomas Univer- Another key dimension of freedom is not ference’’ award by the Bureau of Land Man- sity and Texas Southern University. His unex- to confine, allowing people to go outside of agement. Mrs. Stephenitch has volunteered pected death leaves a huge void in the lives the box. As a concept, freedom knows no for Friends of Red Rock Canyon for many international boundaries. But national bor- of all of us who knew and respected him. As ders usually are the box where business and years and has been instrumental in preserving a dedicated community activist, Representa- government find their limits. Such borders the Red Rock Canyon National Conservation tive Moreno will be remembered as a cham- are a mere point of transition for inter- Area for future generations. pion who never wavered in his commitment to national marketing. The discipline thrives Some examples of the hands-on approach improving the lives of his constituents. An ac- on understanding of how to successfully Mrs. Stephenitch has taken include extensive tive member of the Resurrection Catholic cross national borders, on coping with the educational outreach regarding Red Rock Church, the Harris County Tejano Democrats differences once the crossing is done, and on profitably reconciling any conflicts. Canyon; the design and development of and the League of United Latin American Citi- International marketing contains the free- ‘‘Trash Bash Day,’’ a semi-annual clean-up zens Council, Joe was awarded the pres- dom of almost unlimited growth potential. event; and aiding in the coordination of Red tigious title of ‘‘Legislator of the Year’’ in 2003 Activities confined to domestic borders may Rock Canyon’s annual ‘‘Tortoise Trot’’ trail in recognition of his skills as a Member of the well run into limits of expansion. Inter- run. State House of Representatives. national market opportunities relax these Red Rock Canyon is one of Nevada’s crown Mr. Speaker, throughout his career, Rep- limits quickly. Instead of restrictions, the jewels, and I thank Mrs. Stephenitch for her resentative Moreno has been honored by the international marketing paradigm encourages the stripping away of restraints; instead hard work and dedication in helping to in- Coalition of Texans with Disabilities, the East of limitations, there is the encounter of op- crease community awareness and involvement Harris County Manufacturing Association, the portunity. for the protection of this area. Her enthusiasm Houston Gulf Coast Chapter of the Labor Freedom also means not being forced to do and love for public lands has been felt by Council for Latin American Advancement and something one does not want to do (Hayek, thousands of area residents and visitors and the Hispanic Contractor’s Association of the 1971). There are economic migration pres- should serve as an example for Americans to Greater Houston Area, Inc. During the 79th sures that force people to move from their live by. Legislative Session, he served on the Juvenile rural homes into urban areas or from their developing countries into industrialized Thank you for your hard work, Mrs. Justice and Family Issues Committee as well ones. Industrialized nations, in turn, speak Stephenitch. as the Borders and International Affairs Com- about immigration pressure. For both sides, mittee. little if any freedom is involved here. Most f Finally, Mr. Speaker, this is a sad day, and individuals who do the moving would much I hope my colleagues will join me in saluting rather stay home but cannot afford to do so CHRISTY REID Joe Moreno, a pillar of the community whose due to economic exigencies. The recipient contributions will not be forgotten. countries might not want to welcome the migrants but do so in response to political HON. C.L. ‘‘BUTCH’’ OTTER f and humanitarian pressures. International OF IDAHO THE INTERWOVEN VALUES OF marketing may have been part of what trig- IN THE HOUSE OF REPRESENTATIVES FREEDOM AND MARKETS gered some of these migrations, but it also Monday, May 9, 2005 can be instrumental in stemming the tide. It can provide the economic opportunity for in- Mr. OTTER. Mr. Speaker, I rise today to HON. DONALD A. MANZULLO dividuals at home so that they need not mi- draw the attention of the House of Represent- OF ILLINOIS grate. Thus, it lets individuals become productive contributors to the global economy atives to an individual from my district whose IN THE HOUSE OF REPRESENTATIVES creativity and vision have brought due acco- free from pressures to shift locations. Monday, May 9, 2005 When the long-standing rivalry between lades to both herself and the great State of socialism and market orientation was re- Idaho. Mr. MANZULLO. Mr. Speaker, in today’s solved, market forces and the recognition of Christy Reid was chosen out of the Nation times, we often find that the principle values demand and supply directly affected human of fifth graders as the winner of the National and activities of the United States are under rights and the extent of freedom. With all Arbor Day Poster Contest. Her beautiful art- attack. Too few defenses are offered against humility and gratefulness we can conclude: work will now represent the National Arbor such attacks, even if they question the very Markets were right! In country after coun- Day Foundation all year long. She has been fundamentals of how we live and work. It is try, market forces have demonstrated typi- therefore helpful and encouraging to see when cally greater efficiency and effectiveness in honored in our home state of Idaho, in Ne- their ability to satisfy the needs of people. braska City—the home of Arbor Day—as well someone takes this responsibility seriously. International marketing has been instru- as in Washington, DC. Here are some thoughts of Professor Michael mental in stimulating these newly emerging Not only is Christy’s artistic talent on display R. Czinkota of Georgetown University who market forces. In spite of complaints about in the posters, but she also had the honor of professes his belief on how to advance the the slowness of change, the insufficiency of planting a tree in the National Botanical Gar- cause of freedom. wealth redistribution, and the inequities in- ON FREEDOM AND INTERNATIONAL MARKETING herent in societal upheavals, a large major- dens. As this tree grows, surely so will ity of participants in market-oriented Christy’s talent and her excellent representa- (By Michael R. Czinkota) changes are now better off than they were tion of the many things that Idaho has to offer. THE ISSUE OF FREEDOM before. Without the transition provided by I hope the House will join me in acknowl- You may ask what freedom has to do with international marketing, these changes edging Christy’s achievement. international marketing. Freedom is about would not have come about that swiftly.

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THE COST OF FREEDOM ernmental, managerial, and corporate virtue, tual and physical opposition (or do we really One keeps healing about the large segment vision, and veracity are required. Unless the believe that everybody enjoyed Genghis of the world population that is poor and world can believe in what institutions and Khan?). But protest was never allowed to be- therefore supposedly excluded from any their leaders say and do, it will be difficult come very vocal, or to engage in repeated, international marketing efforts; the World to forge a global commitment between those large demonstrations or widespread Bank’s former president called them the 3 doing the marketing and the ones being mar- pamphleteering. Due to rather harsh policies billion $2–a-day poor (Wolfensohn, 2001). By keted to. It is therefore of vital interest to of dealing with the opposition, very few contrast, international marketers see them the proponents of freedom and international records of such resistance are available as an attractive $6 billion-a-day opportunity marketing to ensure that corruption, brib- today. Consequently, comparisons with past for valuable exchanges! ery, lack of transparency, and poor govern- events are difficult to make and are likely to What’s more is that international mar- ance are exposed for their negative effects in be highly inaccurate. keting provides the opportunity to acquire any setting or society. The main remedy will Today’s news is good. The nations, institu- resources without the deployment of force. be the collaboration of the global policy tions and individuals around the world are Why fight if you can trade? Countries that community in agreeing on what constitutes increasingly accepting freedom as the key have been historic enemies such as France, transgressions and swift punishment of the foundation of the good life. We are discov- England and Germany are now all united in culprits involved, so that market forces can ering that international marketing, both as their close collaboration through inter- work free from distortion. a discipline and as an activity is very closely national marketing. (Farmer, 1987) The field A second and even more crucial issue is the interwoven with freedom—some even call it is, therefore, at the very least contributing value system we use in making choices. essential. It is the freedom Thomas Aquinas to freedom from war while providing addi- Some years ago, the Mars Climate Orbiter saw as the means to human excellence and tional choices for consumption. mission failed spectacularly as a result of happiness (Weigel, 2001) which international But the cost of freedom is rising. Terms the use of different values by the mission marketing helps us reach. In reciprocal cau- like free trade or free choice are misleading navigation teams. One team was using met- sality, freedom causes and facilitates inter- since they all come with a price, which inter- ric units and the other used the English sys- national marketing, while international national marketers pay in terms of pre- tem of measurement. This mistake caused marketing is a key support of the cause of paring their shipments, scrutinizing their the orbiter to get too close to the atmos- freedom. A productive symbiosis at work! customers, and conforming to government phere, where it was destroyed (‘‘NASA’s Met- regulations. ric Confusion,’’ 1999). We all are paying a higher price due to There are major differences among what f global terrorism. As freedom suffers, so does people value around the world. Contrasts in- international marketing. In most instances, clude togetherness next to individuality, co- IN RECOGNITION OF HOLOCAUST terrorism is not an outgrowth of choice but operation next to competition, modesty next REMEMBRANCE DAY rather the lack of it. Terrorists may succeed to assertiveness, and self-effacement next to in reducing the freedom of others but not in self-actualization. Often, global differences increasing their own. Who is typically most in value systems keep us apart and result in SPEECH OF affected by terrorist acts? Attacks aimed at spectacularly destructive differences. How businesses, such as the infamous bombings of we value a life, for example, can be crucial in HON. E. CLAY SHAW, JR. U.S. franchises abroad, do not bring big cor- terms of how we treat individuals. What OF FLORIDA porations to their knees. The local partici- value we place on family, work, leisure time, pants, the local employees, the local inves- or progress has a substantial effect on how IN THE HOUSE OF REPRESENTATIVES tors, and the local customers are affected we see and evaluate each other. most. Who can protect themselves against Cultural studies tell us that there are Thursday, May 5, 2005 such attacks and who can afford to protect major differences between and even within targets? Only the more wealthy countries nations. International marketing, through Mr. SHAW. Mr. Speaker, I rise today in rec- and companies can. They have the choice of its linkages via goods, services, ideas, and ognition of Yom Hoshoah, Holocaust Remem- where to place their funds, with whom to communications, can achieve important as- brance Day. We recognize now not only the trade, and whether to hold the enemy at bay similations of value systems. On the con- more than six million Jews who lost their lives, through a security bubble created by chang- sumer side, new products offer international but the human potential that was also extin- appeal and encourage similar activities ing business forn1ats via exporting or fran- guished during the dark days of World War II. chising. The poor players do not have around the world: many of us wear denim, choices. The local firms, the nations with dance the same dances, and eat pizza and We remember not just the mothers and fa- economies in development, and the poor cus- sushi (Marquardt & Reynolds, 1994). It has thers, the sons and daughters, the brothers tomers continue to be exposed to further been claimed that local product offerings and sisters, but also their descendents who acts of terrorism with very limited indige- help define people and provide identity and never got to make their contributions to man- nous ability to influence events. that it is the local idiosyncrasies that make kind. And we remember the heroes who gave But international marketing can enable people beautiful (Johansson, 2004). Some their lives in the greatest fight for freedom and the disenfranchised to develop alternatives. even offer the persistence of the specific democracy the modern world has ever known. Multinational firms can invest in the world’s breakfast habits of the English and the poorest markets and increase their own rev- French as evidence of local immutability in By reflecting on this most solemn day, we enue while reducing poverty. With support the face of globalization (de Mooij, 1998). join in a special bond with the victims of the from shareholders and the benefit of good Yet, we should remember that values are Holocaust to ensure that the world will never governance, international marketers can, learned, not genetically implanted. As life’s suffer such a horrific tragedy again. It is and should, continue in their role as social experiences grow more international and through our reflection that we acknowledge more similar, so do values. Therefore, every change agents. The discipline has value the human loss and through our actions that maximization at its heart. If it is worthwhile time international marketing forges a new to fulfill the needs of large segments of peo- linkage in thinking, new progress is made in we build a world free of such hatred and de- ple, even at low margins, then it will be shaping a greater global commonality in val- spair. Our greatest tribute to the millions who done. International marketers after all have ues. It may well be that international mar- suffered at the hands of the Nazi regime will as their key desire the creation of new cus- keting’s ability to align global values which be to ensure that their memory will never be tomers and suppliers and they are delighted makes it easier for countries, companies, and extinguished. By recognizing Holocaust Re- when, in fulfillment of their aims, they can individuals to build bridges between them, membrance Day, we carry on the legacy of bring about freedom from extremes of hun- may eventually become the field’s greatest those who bore the greatest burden of one of gift to the world. ger, sickness, and intolerance. the world’s saddest times. VALUE AND FREEDOM A JOINED OCCURRENCE In a global setting, freedom can take on How do freedom and international mar- Now 60 years later, the fires of hate, which many dimensions. Privileges and obligations keting match with today’s discontent so burned so brightly in Europe from 1939 that are near and dear to some may well be forcefully expressed by the disgruntlement through 1945, never really burned out. They cheap and easily disposed of by others. The of the anti-globalists? Many claim that were smoldering in the hearts of the terrorists views of one society may differ from views never before in history has there been so on September 11th. Those same fires are held in other regions of the world. Such dif- much evidence about such strong opposition ablaze today, in actions of homicide bombers ferences then account for misunder- to globalization and to Americans as harbin- in Tel Aviv, the West Bank, and in Gaza; and standings, surprises, and long-term conflicts. gers of international marketing. There are two value dimensions at work Perhaps those making such claims are in genocidal practices in the Sudan. Mr. here, both of them highly relevant to inter- sadly mistaken. In looking at other Speaker, as we recognize the 60th anniver- national marketing. One may be cir- ‘‘globalizers’’ in world history, such as the sary of the liberation of the Auschwitz con- cumscribed as the freedom and values of a Vikings, the Mongols, the Tatars, and the centration camp, we pray for an end to evils market economy. To make them work gov- Romans, there probably was both intellec- of hate throughout the world.

VerDate Aug 04 2004 02:32 May 10, 2005 Jkt 039060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A09MY8.009 E09PT1 E912 CONGRESSIONAL RECORD — Extensions of Remarks May 9, 2005 With these examples fresh in our minds, we IN RECOGNITION OF JOSEPH the 1990’s. During his life he had the distinct marvel at the strength and character of the STEFANI honor of a personal audience with Pope John Jewish people. Their steadfast determination Paul II which serves as further evidence of his to rebuild their lives following the Holocaust HON. DENNIS A. CARDOZA lifelong commitment to his church. has given the world a remarkable model of re- OF CALIFORNIA Joe was preceded in death by his beloved solve. Through their example, we can glimpse IN THE HOUSE OF REPRESENTATIVES wife Mary, his son Bob, and his brother An- gelo Stefani. He is survived by his son Larry the extraordinary human spirit that rises above Monday, May 9, 2005 the fruitlessness of anger and resentment. and daughter Kathleen, both of Merced, his With this day and with our deeds we honor Mr. CARDOZA. Mr. Speaker, it is with the sister Mary Lucich of Merced, his sister Caro- that spirit. greatest respect and sincerity that I rise today line Cugia of Concord, 11 grandchildren, 11 to honor the late Mr. Joseph Stefani. Known to great-grandchildren, and numerous nieces and Mr. Speaker, I am proud to recognize Yom many as simply ‘‘Papa Joe,’’ he was an en- nephews. Hoshoah, May 5, 2005, and I urge my col- dearing friend, a successful businessman and Mr. Speaker, it is my honor and privilege to leagues, and all Americans, to do the same. beloved member of our community in Merced, join the community of Merced in recognizing California. At the age of 92, Joseph Stefani Joseph ‘‘Papa Joe’’ Stefani. Our community f passed away on Saturday, April 16, 2005. benefits greatly from the example he set Joseph Stefani, a life-long resident of throughout his lifetime of service as a suc- CONFERENCE REPORT ON H.R. 1268, Merced, was the son of Italian immigrants cessful businessman who dedicated his life to EMERGENCY SUPPLEMENTAL Carlo and Annunziata Stefani. He was born his community, his family, and his faith. APPROPRIATIONS ACT FOR DE- October 28, 1912 on his parents’ 20-acre farm FENSE, THE GLOBAL WAR ON on Franklin Road. He attended and graduated TERROR, AND TSUNAMI RELIEF from Franklin Grammar School, and then con- f ACT, 2005 tinued on to Merced High School. However, COMMENDING SUPERINTENDENT before he was able to graduate, the Great De- BARBARA WEST pression forced Joe to leave school in order to SPEECH OF earn money to help pay property taxes on the HON. BETTY McCOLLUM HON. DARRELL E. ISSA family’s farm. Soon after leaving school to work as a gro- OF MINNESOTA OF CALIFORNIA cery clerk, Joe was hired at the Workingmen’s IN THE HOUSE OF REPRESENTATIVES Clothing Store in downtown Merced. After only IN THE HOUSE OF REPRESENTATIVES Monday, May 9, 2005 four years of learning the business, and at the Thursday, May 5, 2005 young age of only 24, Joe opened his own Ms. MCCOLLUM of Minnesota. Mr. Speak- store—Stefani’s Sport Shop on June 1, 1936. er, I rise to commend Barbara West, the su- Mr. ISSA. Mr. Speaker, I rise today in sup- With a lifetime of success and happiness perintendent of Voyageurs National Park, as port of the inclusion of the REAL ID Act within ahead of them, Joe married his first love, Mary she prepares to leave Minnesota for America’s the supplemental appropriations conference Gonella Stefani on February 5, 1938. In the southwest. I thank her for her hard work and report. The REAL ID Act is an important step years following, the Stefani’s business ex- know that she will be missed, not only as one towards addressing a significant national secu- panded and prospered. They eventually who has dedicated her life to preserving our rity concern. opened an additional store in the Merced Mall, nation’s natural treasures, but as a friend. Voyageurs National Park is one of the The inclusion of the REAL ID Act in this leg- and in the neighboring communities of Atwater crown jewels in our national park system. It islation will protect Americans from terrorists and Los Banos. After 51 years as a downtown contains four large lakes covering forty per- who seek to exploit weaknesses in our home- merchant, Joe reluctantly retired in 1987. In cent of the park with a series of beautiful island security. By allowing homeland security addition to creating and maintaining a suc- lands for one to explore. Voyageurs was officials to more closely scrutinize asylum cessful business, Joe and Mary created a named for the French-Canadian canoemen claims and by expanding the grounds for de- beautiful family of three children, Bob, Larry who traveled these waters in their birch-bark portation to include additional terrorist related and Kathleen. Throughout his life, Joe Stefani remained canoes. The park’s waterways were an impor- activities, this act makes America more se- committed to the growth of Merced and dedi- tant stretch of the ‘‘voyageurs’ highway’’ from cure. The creation of minimal standards for cated his time to countless civic and business the Great Lakes into the interior of the western drivers’ licenses will help reduce the use of committees including the Merced Downtown United States and Canada. fraudulently obtained state IDs to access sen- Improvement Association, and the Merced With grace and confidence, Superintendent sitive areas and board aircraft. Chamber of Commerce. He was a member of West has done an outstanding job of over- Last year, I voted against intelligence reform the Downtown Rotary Club for more than fifty seeing and protecting this area so future gen- legislation because of the removal at the last years and was a Paul Harris Fellow. His serv- erations can enjoy its history and beauty. Min- minute of the REAL ID Act. I know Judiciary ice to the community continued up to the time nesotans and visitors to our state have bene- Chairman Jim Sensenbrenner strongly op- of his passing, as he was currently a member fited from her stewardship of the park and her posed the removal of the REAL ID Act from of many organizations including the Merced dedication to community and our natural re- that legislation. When many had lost hope, he Elks Lodge, and the Italian Catholic Federa- sources. continued the fight to move the REAL ID Act tion. Throughout his entire life, Joe was a de- Superintendent West, thank you for your through the legislative process. I thank Chair- vout Catholic and an active member of Our years of service. I, along with many who treas- man Sensenbrenner for sticking by his convic- Lady of Mercy/St. Patrick’s Parish. He was in- ure and love our national parks, wish you the tions, providing leadership on this issue, and strumental in the building of a new Our Lady very best in your new assignment at the ensuring the inclusion of the REAL ID Act of Mercy School which opened in 1956, and in Chaco Culture National Historic Park in New within this conference report. the building of St. Patrick’s Catholic Church in Mexico.

VerDate Aug 04 2004 02:32 May 10, 2005 Jkt 039060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A09MY8.011 E09PT1 May 9, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E913 SENATE COMMITTEE MEETINGS Appropriations Intelligence Labor, Health and Human Services, Edu- To hold a closed briefing on certain intel- Title IV of Senate Resolution 4, cation, and Related Agencies Sub- ligence matters. agreed to by the Senate on February 4, committee SH–219 1977, calls for establishment of a sys- To hold hearings to examine issues relating to ALS (Lou Gehrig’s Disease). MAY 12 tem for a computerized schedule of all SD–G50 9:30 a.m. meetings and hearings of Senate com- Armed Services Armed Services mittees, subcommittees, joint commit- Personnel Subcommittee Closed business meeting to continue tees, and committees of conference. Closed business meeting to markup those markup of the proposed National De- This title requires all such committees provisions which fall under the sub- fense Authorization Act for Fiscal Year committee’s jurisdiction of the pro- 2006. to notify the Office of the Senate Daily posed National Defense Authorization SR–222 Digest—designated by the Rules Com- Act for Fiscal Year 2006. Judiciary mittee—of the time, place, and purpose SR–232A Business meeting to consider pending of the meetings, when scheduled, and 10:30 a.m. calendar business. any cancellations or changes in the Appropriations SD–226 Legislative Branch Subcommittee Appropriations meetings as they occur. To hold hearings to examine the pro- Transportation, Treasury, the Judiciary, As an additional procedure along posed budget estimates for fiscal year and Housing and Urban Development, with the computerization of this infor- 2006 for the Government Printing Of- and Related Agencies Subcommittee To hold hearings to examine the pro- mation, the Office of the Senate Daily fice, the Congressional Budget Office, and the Office of Compliance. posed budget estimates for fiscal year Digest will prepare this information for SD–116 2006 for the National Railroad Pas- printing in the Extensions of Remarks 11:30 a.m. senger Corporation (Amtrak). section of the CONGRESSIONAL RECORD Armed Services SD–138 Readiness and Management Support Sub- 10 a.m. on Monday and Wednesday of each Commerce, Science, and Transportation week. committee Closed business meeting to markup those To hold hearings to examine S. 967, to Meetings scheduled for Tuesday, May provisions which fall under the sub- amend the Communications Act of 1934 to ensure that prepackaged news sto- 10, 2005 may be found in the Daily Di- committee’s jurisdiction of the proposed National Defense Authorization ries contain announcements that in- gest of today’s RECORD. Act for Fiscal Year 2006. form viewers that the information SR–222 within was provided by the United MEETINGS SCHEDULED 2 p.m. States Government. Health, Education, Labor, and Pensions SR–253 Foreign Relations MAY 11 Bioterrorism and Public Health Prepared- ness Subcommittee Business meeting to consider the nomi- 9 a.m. To hold hearings to examine 21st century nations of John Robert Bolton, of Appropriations biological threats. Maryland, to be the U.S. Representa- Labor, Health and Human Services, Edu- tive to the United Nations, with the SD–430 cation, and Related Agencies Sub- rank and status of Ambassador, and Energy and Natural Resources committee the U.S. Representative in the Security Public Lands and Forests Subcommittee To hold hearings to examine the Council of the United Nations, and to To hold hearings to examine S. 100, to Gynecologic Cancer Education and be U.S. Representative to the Sessions authorize the exchange of certain land Awareness Act of 2003, to provide for of the General Assembly of the United in the State of Colorado, S. 235 and programs to increase the awareness Nations during his tenure of service as H.R. 816, bills to direct the Secretary of and knowledge of women and health U.S. Representative to the United Na- Agriculture to sell certain parcels of care providers with respect to tions. Federal land in Carson City and Doug- gynecologic cancers. SD–419 las County, Nevada, S. 404, to make a SD–G50 Veterans’ Affairs technical correction relating to the Armed Services To hold hearings to examine issues relat- Strategic Forces Subcommittee land conveyance authorized by Public ing to the planning, providing, and Closed business meeting to markup those Law 108–67, S. 741, to provide for the paying for veterans’ long-term care. provisions which fall under the sub- disposal of certain Forest Service ad- SR–418 committee’s jurisdiction of the pro- ministrative sites in the State of Or- 2 p.m. posed National Defense Authorization egon, S. 761, to rename the Snake River Appropriations Act for Fiscal Year 2006. Birds of Prey National Conservation Commerce, Justice, Science and Related SR–222 Area in the State of Idaho as the Mor- Agencies Subcommittee 9:30 a.m. ley Nelson Snake River Birds of Prey To hold hearings to examine the pro- Indian Affairs National Conservation Area in honor of posed budget estimates for fiscal year To hold an oversight hearing to examine the late Morley Nelson, an inter- 2006 for the National Aeronautics and Federal recognition of Indian tribes. national authority on birds of prey, Space Administration (NASA). SD–106 who was instrumental in the establish- SD–192 Judiciary ment of this National Conservation Appropriations Business meeting to consider pending Area, and H.R. 486, to provide for a land State, Foreign Operations, and Related calendar business. exchange involving private land and Programs Subcommittee SD–226 Bureau of Land Management land in To hold hearings to examine the pro- 10 a.m. the vicinity of Holloman Air Force posed budget estimates for fiscal year Commerce, Science, and Transportation Base, New Mexico, for the purpose of 2006 for the Department of State and To hold hearings to examine issues relat- removing private land from the re- foreign operations. ing to spyware. quired safety zone surrounding muni- SD–124 SR–253 tions storage bunkers at Holloman Air 2:30 p.m. Appropriations Force Base. Intelligence Defense Subcommittee SD–366 Closed business meeting to consider To hold hearings to examine the pro- 2:30 p.m. pending intelligence matters. posed budget estimates for fiscal year Armed Services SH–219 2006 for the Missile Defense Program. Closed business meeting to markup the 3 p.m. SD–192 proposed National Defense Authoriza- Aging Energy and Natural Resources tion Act for Fiscal Year 2006. To hold hearings to examine the threat To hold hearings to examine S. 895, to di- SR–222 of HIV affecting people over fifty. rect the Secretary of the Interior to es- Foreign Relations SH–216 tablish a rural water supply program in European Affairs Subcommittee 4 p.m. the Reclamation States to provide a To hold hearings to examine the United Judiciary clean, safe affordable, and reliable States-European Union regulatory co- To hold hearings to examine pending ex- water supply to rural residents. operation on emerging technologies. ecutive nominations. SD–366 SD–419 SD–226

VerDate Aug 04 2004 02:32 May 10, 2005 Jkt 039060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\M09MY8.000 E09PT1 E914 CONGRESSIONAL RECORD — Extensions of Remarks May 9, 2005 MAY 13 Judiciary MAY 25 9:30 a.m. To hold hearings to examine issues relat- 10 a.m. Armed Services ing to protecting the judiciary at home Agriculture, Nutrition, and Forestry Closed business meeting to continue and in the courthouse. To hold hearings to examine the U.S. markup of the proposed National De- SD–226 Grain Standards Act. fense Authorization Act for Fiscal Year 10 a.m. SR–328A 2006. Health, Education, Labor, and Pensions Health, Education, Labor, and Pensions SR–222 Business meeting to consider the pro- Business meeting to consider pending posed Workforce Investment Act calendar business. MAY 17 Amendments of 2005, and pending SD–430 9:30 a.m. nominations. Homeland Security and Governmental Af- SD–430 MAY 26 fairs 10 a.m. Investigations Subcommittee MAY 19 To resume hearings to examine the Health, Education, Labor, and Pensions United Nations’ Oil-for-Food Program, 1 p.m. To hold hearings to examine issues relat- the illegal surcharges paid on Iraqi oil Foreign Relations ing to the 21st century workplace. sales, and the nature and extent of the International Economic Policy, Export and SD–430 2003 Khor al-Amaya incident. Trade Promotion Subcommittee SD–562 To hold hearings to examine the pro- SEPTEMBER 20 posed Climate Change Technology De- 10 a.m. 10 a.m. ployment in Developing Countries Act. Agriculture, Nutrition, and Forestry Veterans’ Affairs Business meeting to consider the nomi- SD–419 To hold joint hearings with the House nations of Thomas C. Dorr, of Iowa, to Committee on Veterans Affairs to ex- be Under Secretary of Agriculture for MAY 24 amine the legislative presentation of Rural Development, and to be a Mem- 2 p.m. ber of the Board of Directors of the the American Legion. Health, Education, Labor, and Pensions Commodity Credit Corporation. 345 CHOB Education and Early Childhood Develop- SR–328A Health, Education, Labor, and Pensions ment Subcommittee To hold hearings to examine issues relat- Retirement Security and Aging Sub- POSTPONEMENTS committee ing to American history. To hold hearings to examine the Older SD–430 Americans Act. 3 p.m. MAY 11 SD–430 Banking, Housing, and Urban Affairs 9:30 a.m. To hold hearings to examine money laun- Judiciary MAY 18 dering and terror financing issues in To hold an oversight hearing to examine 9:30 a.m. the Middle East. the effectiveness of the Federal Bureau Indian Affairs SD–538 of Investigation’s translation program. To hold oversight hearings to examine SD–226 issues relating to the taking of land into trust. Room to be announced

VerDate Aug 04 2004 02:32 May 10, 2005 Jkt 039060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\M09MY8.000 E09PT1 Monday, May 9, 2005 Daily Digest Senate the fiscal year ending September 30, 2005, at ap- Chamber Action proximately 10:45 a.m., on Tuesday, May 10, 2005. Routine Proceedings, pages S4611–S4796 Page S4794 Measures Introduced: Seven bills and two resolu- Nominations Received: Senate received the fol- tions were introduced, as follows: S. 977–983, and lowing nominations: S. Res. 133–134. Pages S4645–46 Rodney E. Hood, of North Carolina, to be a Measures Passed: Member of the National Credit Union Administra- tion Board for a term expiring April 10, 2009. National Cystic Fibrosis Month: Committee on John J. Sullivan, of Maryland, to be General the Judiciary was discharged from further consider- Counsel of the Department of Commerce. ation of S. Res 115, designating May 2005 as ‘‘Na- Jill L. Sigal, of Wyoming, to be Assistant Sec- tional Cystic Fibrosis Awareness Month,’’ and the retary of Energy (Congressional and Intergovern- resolution was then agreed to. Pages S4788–89 mental Affairs). Professional Boxing Amendments Act: Senate R. Thomas Weimer, of Colorado, to be an Assist- passed S. 148, to establish a United States Boxing ant Secretary of the Interior. Commission to administer the Act. Pages S4789–94 James M. Derham, of Virginia, to be Ambassador Transportation Equity Act: Senate resumed consid- to the Republic of Guatemala. eration of H.R. 3, to authorize funds for Federal-aid Robert Johann Dieter, of Colorado, to be Ambas- highways, highway safety programs, and transit pro- sador to Belize. grams, taking action on the following amendments Zalmay Khalilzad, of Maryland, to be Ambassador proposed thereto: Pages S4614–37, S4639–40 to Iraq. Adopted: Rodolphe M. Vallee, of Vermont, to be Ambas- By a unanimous vote of 89 yeas (Vote No. 116), sador to the Slovak Republic. Talent/Dodd Amendment No. 600 (to Amendment James Philip Terry, of Virginia, to be Chairman No. 567), to require notice regarding the criteria for of the Board of Veterans’ Appeals for a term of six small business concerns to participate in Federally- years. funded projects. Pages S4636–37 25 Air Force nominations in the rank of general. Withdrawn: 1 Army nomination in the rank of general. Salazar Amendment No. 581 (to Amendment No. 1 Marine Corps nomination in the rank of general. 567), to modify the percentage of apportioned funds 25 Navy nominations in the rank of admiral. that may be used to address needs relating to off- Routine lists in the Air Force, Army, Foreign Service. Pages S4794–96 system bridges. Pages S4636, S4639 Inhofe Amendment No. 567, to provide a com- Messages From the House: Pages S4644–45 plete substitute. Page S4639 Measures Referred: Page S4645 Pending: Measures Placed on Calendar: Page S4645 Inhofe Amendment No. 605, to provide a complete substitute. Pages S4614, S4639–40 Measures Read First Time: Page S4645 Senate will continue consideration of the bill on Executive Communications: Page S4645 Tuesday, May 10, 2005. Additional Cosponsors: Pages S4646–48 Emergency Supplemental Appropriations Act Statements on Introduced Bills/Resolutions: Conference Report: A unanimous-consent agree- Pages S4648–52 ment was reached providing for the consideration of the conference report to accompany H.R. 1268, Additional Statements: Pages S4643–44 making emergency supplemental appropriations for Amendments Submitted: Pages S4652–S4787 D451

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Privilege of the Floor: Page S4787 May 10, 2005. (For Senate’s program, see the re- Record Votes: One record vote was taken today. marks of the Acting Majority Leader in today’s Record on page S4794.) (Total—116) Page S4637 Adjournment: Senate convened at 2 p.m. and adjourned at 7:10 p.m. until 9:45 a.m., on Tuesday, Committee Meetings No committee meetings were held. h House of Representatives Chamber Action NEW PUBLIC LAWS (For last listing of Public Laws, see DAILY DIGEST p. D429) Measures Introduced: 1 public bill, H.R. 2206 H.J. Res. 19, providing for the appointment of was introduced. Page H3060 Shirley Ann Jackson as a citizen regent of the Board Additional Cosponsors: Page H3060 of Regents of the Smithsonian Institution. Signed on Reports Filed: No reports were filed today. May 5, 2005. (Public Law 109–11) H.J. Res. 20, providing for the appointment of Speaker: Read a letter from the Speaker wherein he Robert P. Kogod as a citizen regent of the Board of appointed Representative Wolf to act as speaker pro Regents of the Smithsonian Institution. Signed on tempore for today. Page H3059 May 5, 2005. (Public Law 109–12) Chaplain: The prayer was offered today by Dr. Barry f C. Black, Chaplain, United States Senate. Page H3059 COMMITTEE MEETINGS FOR TUESDAY, Helping to Enhance the Livelihood of People MAY 10, 2005 Around the Globe Commission—Appointment: The Chair announced the Speaker’s appointment of (Committee meetings are open unless otherwise indicated) the following individuals to the Helping to Enhance Senate the Livelihood of People (HELP) Around the Globe Committee on Appropriations: Subcommittee on Defense, Commission: Mr. Robert H. Michel, Washington, to hold hearings to examine proposed budget estimates DC; Mrs. Jennifer Dunn, Virginia; Mr. William C. for fiscal year 2006 for the Defense Medical Health Pro- Lane, Virginia; and Mr. Nicolas Eberstadt, Virginia. gram, 10 a.m., SD–192. Page H3059 Subcommittee on Military Construction and Veterans’ Affairs and Related Agencies, to hold hearings to examine Quorum Calls—Votes: There were no votes or the Overseas Basing Mission Report, 2:30 p.m., SD–138. quorum calls. Committee on Armed Services: Subcommittee on SeaPower, Adjournment: The House met at 12 p.m. and ad- closed business meeting to mark up those provisions which fall under the subcommittee’s jurisdiction of the journed at 12:03 p.m. proposed National Defense Authorization Act for Fiscal Year 2006, 2:30 p.m., SR–222. Subcommittee on Airland, closed business meeting to Committee Meetings mark up those provisions which fall under the sub- No committee meetings were held. committee’s jurisdiction of the proposed National Defense Authorization Act for Fiscal Year 2006, 3:30 p.m., SR–232A. Joint Meetings Subcommittee on Emerging Threats and Capabilities, closed business meeting to mark up those provisions EMPLOYMENT which fall under the subcommittee’s jurisdiction of the proposed National Defense Authorization Act for Fiscal Joint Economic Committee: On Friday, May 6, Com- Year 2006, 5 p.m., SR–222. mittee concluded hearings to examine the employ- Committee on Commerce, Science, and Transportation: to ment-unemployment situation for April 2005, after hold hearings to examine data broker services, and the receiving testimony from Kathleen P. Utgoff, Com- treatment of such services under existing State and Fed- missioner, Bureau of Labor Statistics, Department of eral privacy laws, 2:30 p.m., SR–253. Labor. Committee on Energy and Natural Resources: Subcommittee on National Parks, to hold hearings to examine National

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Park Service funding needs for the administration and prises, hearing entitled ‘‘Mutual Funds: A Review of the management of the national park system, 2:30 p.m., Regulatory Landscape,’’ 2 p.m., 2128 Rayburn. SD–366. Committee on Government Reform, Subcommittee on Committee on Health, Education, Labor, and Pensions: Sub- Criminal Justice, Drug Policy and Human Resources, committee on Employment and Workplace Safety, to hearing entitled ‘‘2006 DoD Counternarcotics Budget: hold hearings to examine OSHA and small business, fo- Does it Deliver the Necessary Support?’’ 2 p.m., 2247 cusing on improving the relationship for workers, 2 p.m., Rayburn. SD–430. Subcommittee on Federalism and the Census, hearing Committee on the Judiciary: to resume oversight hearings entitled ‘‘Life in the Big City: What is Census Data Tell- to examine the implementation of the USA PATRIOT ing Us About Urban America and are Policymakers Lis- Act (Public Law 107–56), 9:30 a.m., SD–226. tening?’’ 10 a.m., 2154 Rayburn. Select Committee on Intelligence: to hold closed hearings to Subcommittee on National Security, Emerging Threats examine certain intelligence matters, 2:30 p.m., SH–219. and International Relations, hearing entitled ‘‘Overseas Security: Hardening Soft Targets,’’ 2 p.m., 2154 Ray- House burn. Committee on Appropriations, to mark up the following Committee on the Judiciary, Subcommittee on Crime, appropriations for fiscal year 2006: Department of Home- Terrorism, and Homeland Security, oversight hearing on land Security; and the Interior, Environment, and Related the Implementation of the USA PATRIOT Act: Prohibi- Agencies, 3 p.m., 2359 Rayburn. tion of Material Support under Sections 805 of the USA Subcommittee on the Departments of Transportation, PATRIOT Act and 6603 of the Intelligence Reform and Treasury, and Housing and Urban Development, the Ju- Terrorism Prevention Act of 2004, 10 a.m., 2141 Ray- diciary, District of Columbia, and Independent Agencies, burn. on the Federal Highway Administration, 10 a.m., and on Committee on Rules, to consider the following: H.R. the FAA, 2 p.m., 2358 Rayburn. 1544, Faster and Smarter Funding for First Responders Committee on Financial Services, Subcommittee on Capital Act of 2005; and H.R. 1279, Gang Deterrence and Com- Markets, Insurance, and Government Sponsored Enter- munity Protection Act of 2005, 5 p.m., H–313 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, May 10 12:30 p.m., Tuesday, May 10

Senate Chamber House Chamber Program for Tuesday: After the transaction of any rou- Program for Tuesday: Consideration of Suspensions: tine morning business (not to extend beyond 60 min- (1) H.R. 1023, Charles ‘‘Pete’’ Conrad Astronomy utes), Senate will begin consideration of the conference Awards Act; report to accompany H.R. 1268, Emergency Supple- (2) H. Res. 193, expressing support to the organizers mental Appropriations Act. Also, Senate will continue and participants of the historic meeting of the Assembly consideration of H.R. 3, Transportation Equity Act. to Promote the Civil Society in Cuba on May 20, 2005, (Senate will recess from 12:30 p.m. until 2:15 p.m. for their in Havana; respective party conferences.) (3) H. Res. 142, supporting the goals and ideals of a ‘‘Rotary International Day’’ and celebrating and honoring Rotary International on the occasion of its centennial anniversary; (4) H. Con. Res. 86, authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby; (5) H. Con. Res. 135, authorizing the use of the Cap- itol Grounds for the District of Columbia Special Olym- pics Law Enforcement Torch Run; and (6) H. Con. Res. 136, authorizing the use of the Cap- itol Grounds for the National Peace Officers’ Memorial Service.

Extensions of Remarks, as inserted in this issue

HOUSE Issa, Darrell E., Calif., E912 Porter, Jon C., Nev., E910 McCollum, Betty, Minn., E912 Shaw, E. Clay, Jr., Fla., E911 Cardoza, Dennis A., Calif., E912 Manzullo, Donald A., Ill., E910 Waxman, Henry A., Calif., E909 Green, Al, Tex., E910 Nadler, Jerrold, N.Y., E909 Holt, Rush D., N.J., E909 Otter, C.L. ‘‘Butch’’, Idaho, E910

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