E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION Vol. 150 WASHINGTON, THURSDAY, APRIL 1, 2004 No. 44—Part II House of Representatives TRANSPORTATION EQUITY ACT: A Mr. Chairman, I reserve the balance want to change the policy with this LEGACY FOR USERS—Continued of my time. new legislation. So this was not to b 1545 Mr. YOUNG of Alaska. Mr. Chair- side-step the courts but, rather, to man, I yield myself such time as I may keep the law the same. Now, undoubtedly, supersized trucks consume. Mr. YOUNG of Alaska. Mr. Chair- mean growing safety risks for highway I will say, though, I am usually in man, reclaiming my time, but the in- drivers and pedestrians on narrow favor of what occurs by State action, dustry or the plaintiff that filed the roads. According to the U.S. Depart- but what this amendment does, it al- suit is now being precluded from going ment of Transportation, an estimated lows the State of New Jersey to limit forth. If my colleague wants to do that, 5,000 Americans die each year in acci- large trucks and twin-trailer combina- have the court or New Jersey file an in- dents involving large trucks, and an tion trucks to the interstate system, junction against the court’s decision. additional 130,000 drivers and pas- not intrastate, the New Jersey Turn- Do not ask us to undo what a court has sengers are injured. New Jersey has a pike and the Atlantic City Expressway, ruled. proportionate number of deaths and in- except when making local deliveries. It Mr. HOLT. Mr. Chairman, if the gen- juries. is amazing when you need your donors tleman will continue to yield, this This amendment is not anti-truck. Of you allow a twin-trailer truck to arrive would not preclude the truckers from course we need trucks for our com- at the door but nobody else. continuing their suit or the State. merce. The amendment simply ensures In 1999, the New Jersey DOT actually Mr. YOUNG of Alaska. Reclaiming that a State can see to it that the allowed New Jersey to ban, that is DOT my time, they can continue their suit, trucks travel on roads that are capable of New Jersey, large trucks from cer- but they are not the ones now that of handling that traffic safely. The resulting costs from trucks must tain roads. However, that was chal- have to pursue the suit. They are the be borne by State and local taxpayers; lenged in court by the trucking indus- ones that won the case, and they can and at a time when there already exists try; and if I am correct, just recently, drive their trucks on interstate com- a huge backlog of highway and bridge last week of this year, the U.S. District merce because of the clause in the maintenance projects and many States Court from New Jersey ruled that the interstate commerce clause under the are facing their worse budget crises New Jersey truck highway access regu- Constitution. What the gentleman is since before the Second World War, we latory system discriminated against asking us to do in the Congress is to must take that into consideration. interstate commerce and violated the undo what the court has ruled. States are really in the best position commerce clause of the U.S. Constitu- I am not a lawyer. Thank God for to make the determination of how the tion. that. We have got enough of those roads within those States should be This amendment would reverse that around here. But I am a little con- used. New Jersey did that 5 years ago decision; and, again, I would suggest cerned that what we are doing here is with the authorization of the U.S. De- that New Jersey use all the recourse really not fair to the persons that filed partment of Transportation. That limi- through the law. Because to take now a the suit to begin with. We are saying tation that New Jersey placed on these case that has been won by one side of you cannot do it. You can go back to trucks 5 years ago has worked very the argument in the court and now us, court. As we go back to court, well, well. It has resulted in, we believe, a as a Congress, to reverse that—— you cannot use the truck. Under the reduction of accidents and better safe- Mr. HOLT. Mr. Chairman, will the interstate clause, that is against the ty record and a better record of wear gentleman yield? Constitution, as the court has ruled. and tear on the small, generally two- Mr. YOUNG of Alaska. I yield to the Mr. Chairman, I reserve the balance lane, roads. gentleman from New Jersey. of my time. So my amendment simply maintains Mr. HOLT. Mr. Chairman, the pur- Mr. OBERSTAR. Mr. Chairman, how current practice. It does not make pose of the amendment, in fact, is to much time remains on both sides? sense to enable large trucks to make a maintain current law and current pol- The CHAIRMAN pro tempore (Mr. bad situation worse, to compel cash- icy, to make sure that this new law, SIMPSON). The gentleman from Alaska strapped States, counties and munici- should it take effect, would not change (Mr. YOUNG) has 11⁄2 minutes remain- palities to spend more of their limited anything. ing. The gentleman from New Jersey resources on bridge and road repairs New Jersey will continue and has de- (Mr. HOLT) has 11⁄2 minutes remaining. that are damaged by the supersized clared its intention of arguing this in Mr. YOUNG of Alaska. Mr. Chair- trucks. My amendment would address court; and we, the State of New Jersey, man, I yield 1 minute to the gentleman that. expect to win in court. We just do not from Minnesota (Mr. OBERSTAR). 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. H2021 . VerDate mar 24 2004 06:31 Apr 02, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\K01AP7.107 H01PT2 H2022 CONGRESSIONAL RECORD — HOUSE April 1, 2004 Mr. OBERSTAR. Mr. Chairman, this implement Alternative D of the Master port traffic to the I–405 freeway near language is not well-drafted, I must Plan for Los Angeles International Air- the Arbor Vitae/Manchester Avenue say to the gentleman. He has a very port or any other proposal to build a exits. This could cause a tremendous good purpose but very unclear and un- remote passenger check-in facility at increase in traffic congestion which al- sure language; and as I read the lan- LAX. ready has heavily congested this area. guage approved under unanimous con- Mr. Chairman, this proposed project It also would increase traffic conges- sent, it makes the authority even is mired in scandal and pay-to-play tion in the surrounding communities broader. contracting schemes. The FBI and the as airport passengers and other drivers It says trucks that are specifically DA are now investigating all of the al- seek alternative routes to get to and allowed by Federal law to travel on the leged corruption. from and around the airport. national network now can be dis- Los Angeles International Airport, Mr. Chairman, these funds are in- approved by New Jersey. We cannot which is located in my congressional tended for surface transportation have one rule for local trucks and a dif- district, is already the third largest projects that will benefit local commu- ferent rule for through trucks. airport in the United States, with a ca- nities and alleviate traffic congestion. Mr. HOLT. Mr. Chairman, I yield my- pacity to serve 78 million air pas- If we permit the funding of any self the balance of the time, and I will sengers every year. Alternative D is projects that enable the implementa- address those points. the latest of several proposals to make tion of Alternative D, the results will The amendment simply allows the LAX even bigger, not safer. be a tremendous inconvenience for pas- States to have the authority that the Alternative D is a $9 billion scheme sengers, huge increases in traffic con- Department of Transportation deter- that would demolish homes, disrupt gestion, and massive disruptions of mined 5 years ago that they had under the communities of Manchester local communities surrounding LAX. that existing transportation law. We Square, Inglewood, Hawthorne, El My amendment would ensure that no just want to make sure that in the leg- Segundo and other communities near funds are provided for surface transpor- islation we are considering today we do LAX in order to construct a remote tation projects that are planned or re- not change that. If it is determined passenger check-in facility at Man- quired to implement this destructive that that is in violation of the Con- chester Square, which is several blocks airport expansion project. stitution, certainly they will be the away from the airport terminals. I urge my colleagues to support this governing decision, but if it is not de- There is a broad coalition that have amendment. termined, we do not want anything in already agreed that we need a regional Mr. Chairman, I reserve the balance this law to preclude those States’ response, that this area is landlocked, of my time.