JOURNAL OF THE

1422

T118.18 SEPTEMBER 20

structed to result in a clear channel width of

less than 300 feet.

SEC. 354. MOTOR CARRIER SAFETY PROGRAM.

Section 31136(e) of title 49, United States

Code, is amended—

(1) by inserting ‘‘(1) IN GENERAL.—’’ before

‘‘After notice’’;

(2) by indenting paragraph (1), as designated by paragraph (1) of this section, and

moving paragraph (1), as so redesignated, 2

ems to the right; and

(3) by adding the following at the end:

‘‘(2) MOTOR CARRIER SAFETY PROGRAM.—

‘‘(A) IN GENERAL.—The Secretary, within

180 days of the application of an operator of

motor vehicles with a gross vehicle weight

rating of at least 10,001 pounds but not more

than 26,000 pounds, shall exempt some or all

of such vehicles and drivers of such vehicles

from some or all of the regulations prescribed under this section and sections 504

and 31502 of this title if the Secretary finds

such applicant—

‘‘(i) has a current satisfactory safety fitness rating issued by the Secretary; and

‘‘(ii) will implement a program of safety

management controls designed to achieve a

level of operational safety equal to or greater than that resulting from compliance with

the regulations prescribed under this section.

The Secretary shall modify the exemption if

there is a material change in the regulations

prescribed under such sections. In granting

such exemptions, the Secretary shall ensure

that approved participants in the motor carrier safety program are subject to a minimum of paperwork and regulatory burdens.

‘‘(B) MONITORING; EXEMPTION PERIOD.—The

Secretary and participants in the program

established by this paragraph shall periodically monitor the safety of vehicles and drivers exempted from regulations under the program. An exemption approved under subparagraph (A) shall remain in effect until

such time as the Secretary finds—

‘‘(i) that the operator has exceeded the average ratio of preventable accidents to vehicle miles travelled for a period of 12 months

for the class of vehicles with a gross vehicle

weight of at least 10,001 pounds but not more

than 26,000 pounds; or

‘‘(ii) that such operator’s exemption is not

in the public interest and would result in a

significant adverse impact on the safety of

commercial motor vehicles.

‘‘(C) FACTORS.—In approving applications

under the program established by this paragraph, the Secretary shall—

‘‘(i) ensure that applicants in the program

represent a broad cross-section of fleet size

and operators of vehicles between 10,000 and

26,000 pounds; and

‘‘(ii) to the extent feasible, ensure participation by as many qualified applicants as

possible.

‘‘(D) LIMITATION.—The Secretary shall not

grant the exemptions set forth in subparagraph (A) to vehicles—

‘‘(i) designed to transport more than 15

passengers; including the driver; or

‘‘(ii) used in transporting material found

by the Secretary to be hazardous under section 5103 of this title and transported in a

quantity requiring placarding under regulations prescribed by the Secretary under such

section 5103.

‘‘(E) EMERGENCIES.—The Secretary may revoke or modify the participation of an operator in the program established by this section in the case of an emergency.

‘‘(3) REVIEW OF REGULATIONS.—The Secretary shall conduct a zero-based review of

the need and the costs and benefits of all regulations issued under this section and sections 504 and 31502 of this title to determine

whether such regulations should apply to vehicles weighing between 10,000 and 26,000

pounds. The review shall focus on the appropriate level of safety and the paperwork and

regulatory burdens of such regulations as

they apply to operators of vehicles weighing

between 10,000 and 26,000 pounds. The Secretary shall complete the review within 18

months after the date of the enactment of

this paragraph. Upon completion of the review, the Secretary shall grant such exemptions or modify or repeal existing regulations to the extent appropriate.’’.

SEC. 355. TECHNICAL AMENDMENT.

Notwithstanding section 101(a) of title 23,

United States Code, the projects described in

section 149(a)(62) of Public Law 100–17 and

section 1 of Public Law 100–211 shall be eligible under section 204 of title 23, United

States Code.

SEC. 356. SAFETY REPORT.

Not later than September 30, 1997, the Secretary of Transportation, in cooperation

with any State which raises any speed limit

in such State to a level above the level permitted under section 154 of title 23, United

States Code, as such section was in effect on

September 15, 1995, shall prepare and submit

to the Congress a study of—

(1) the costs to such State of deaths and injuries resulting from motor vehicle crashes;

and

(2) the benefits associated with the repeal

of the national maximum speed limit.

SEC. 357. OPERATION OF MOTOR VEHICLES BY

INTOXICATED MINORS.

(a) IN GENERAL.—Chapter 1 of title 23,

United States Code, is amended by adding at

the end the following:

‘‘§ 161. National standard to prohibit the operation of motor vehicles by intoxicated minors

‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR

NONCOMPLIANCE.—

‘‘(1) FISCAL YEAR 1999.—The Secretary shall

withhold 5 percent of the amount required to

be apportioned to any State under each of

paragraphs (1), (3), and (5) of section 104(b) on

October 1, 1998, if the State does not meet

the requirement of paragraph (3) on such

date.

‘‘(2) THEREAFTER.—The Secretary shall

withhold 10 percent (including any amounts

withheld under paragraph (1)) of the amount

required to be apportioned to any State

under each of paragraphs (1), (3), and (5) of

section 104(b) on October 1, 1999, and on October 1 of each fiscal year thereafter, if the

State does not meet the requirement of paragraph (3) on such date.

‘‘(3) REQUIREMENT.—A State meets the requirement of this paragraph if the State has

enacted and is enforcing a law that makes

unlawful throughout the State the operation

of a motor vehicle by an individual under the

age of 21 who has a blood alcohol concentration of 0.02 percent or greater.

‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF

COMPLIANCE AND NONCOMPLIANCE.—

‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

FUNDS.—

‘‘(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 2000.—Any funds withheld under

subsection (a) from apportionment to any

State on or before September 30, 2000, shall

remain available until the end of the third

fiscal year following the fiscal year for

which such funds are authorized to be appropriated.

‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER 30,

2000.—No funds withheld under this section

from apportionment to any State after September 30, 2000, shall be available for apportionment to such State.

‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

AFTER COMPLIANCE.—If, before the last day of

the period for which funds withheld under

subsection (a) from apportionment are to remain available for apportionment to a State

under paragraph (1), the State meets the requirement of subsection (a)(3), the Secretary

shall, on the first day on which the State

meets such requirement, apportion to the

State the funds withheld under subsection

(a) that remain available for apportionment

to the State.

‘‘(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS.—Any funds apportioned pursuant to paragraph (2) shall remain available for expenditure until the end

of the third fiscal year following the fiscal

year in which such funds are so apportioned.

Sums not obligated at the end of such period

shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and

be made available by the Secretary for

projects in accordance with section 118.

‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

end of the period for which funds withheld

under subsection (a) from apportionment are

available for apportionment to a State under

paragraph (1), the State does not meet the

requirement of subsection (a)(3), such funds

shall lapse or, in the case of funds withheld

from apportionment under section 104(b)(5),

such funds shall lapse and be made available

by the Secretary for projects in accordance

with section 118.’’.

(b) CLERICAL AMENDMENT.—The table of

sections at the beginning of such chapter is

amended by adding at the end the following:

‘‘161. National standard to prohibit the operation of motor vehicles by intoxicated minors.’’.

SEC. 358. EFFECTIVENESS OF DRUNK DRIVING

LAWS.

The Secretary shall conduct a study to

evaluate the effectiveness on reducing drunk

driving of laws enacted in the States which

allow a health care provider who treats an

individual involved in a vehicular accident

to report the blood alcohol level, if known, of

such individual to the local law enforcement

agency which has jurisdiction over the accident site if the blood alcohol concentration

level exceeds the maximum level permitted

under State law.

Amend the title so as to read: ‘‘An Act to

amend title 23, United States Code, to designate the National Highway System, and

for other purposes.’’.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

DIAZ-BALART, announced that the

yeas had it.

Mr. SHUSTER objected to the vote

on the ground that a quorum was not

present and not voting.

A quorum not being present,

The roll was called under clause 4,

rule XV, and the call was taken by

electronic device.

When there appeared Yeas ....... 419 ! Nays ...... 7

T118.18 [Roll No. 679]

YEAS—419

Abercrombie

Ackerman

Allard

Andrews

Archer

Armey

Bachus

Baesler

Baker (CA)

Baker (LA)

Baldacci

Ballenger

Barcia

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Barton

Bass

Bateman

Becerra

Bentsen

Bereuter

Berman

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bonior

Bono

Borski

Boucher

Brewster

Browder
HOUSE OF REPRESENTATIVES

1423

1995 T118.21

Brown (CA)

Brown (FL)

Brown (OH)

Brownback

Bryant (TN)

Bryant (TX)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Cardin

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clay

Clayton

Clement

Clinger

Clyburn

Coble

Coburn

Coleman

Collins (GA)

Collins (IL)

Collins (MI)

Combest

Condit

Conyers

Cooley

Costello

Cox

Coyne

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeFazio

DeLauro

DeLay

Deutsch

Diaz-Balart

Dickey

Dicks

Dingell

Dixon

Doggett

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Durbin

Edwards

Ehlers

Ehrlich

Emerson

Engel

English

Ensign

Eshoo

Evans

Everett

Ewing

Farr

Fattah

Fawell

Fazio

Fields (LA)

Fields (TX)

Filner

Flake

Flanagan

Foglietta

Foley

Forbes

Ford

Fowler

Fox

Frank (MA)

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Furse

Gallegly

Ganske

Gejdenson

Gekas

Gephardt

Geren

Gilchrest

Gillmor

Gilman

Gonzalez

Goodlatte

Goodling

Gordon

Goss

Graham

Green

Greenwood

Gunderson

Gutierrez

Gutknecht

Hall (OH)

Hall (TX)

Hamilton

Hancock

Hansen

Harman

Hastert

Hastings (FL)

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hinchey

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hoyer

Hunter

Hutchinson

Hyde

Inglis

Istook

Jackson-Lee

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Johnson, Sam

Jones

Kanjorski

Kaptur

Kasich

Kelly

Kennedy (RI)

Kennelly

Kildee

Kim

King

Kingston

Kleczka

Klink

Klug

Knollenberg

Kolbe

LaFalce

LaHood

Lantos

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Levin

Lewis (CA)

Lewis (GA)

Lewis (KY)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

LoBiondo

Lofgren

Longley

Lowey

Lucas

Luther

Maloney

Manton

Manzullo

Markey

Martinez

Martini

Mascara

Matsui

McCarthy

McCollum

McCrery

McDade

McDermott

McHale

McHugh

McInnis

McIntosh

McKeon

McKinney

McNulty

Meehan

Meek

Menendez

Metcalf

Meyers

Mfume

Mica

Miller (CA)

Miller (FL)

Mineta

Minge

Mink

Molinari

Mollohan

Montgomery

Moorhead

Moran

Morella

Murtha

Myers

Myrick

Nadler

Neal

Nethercutt

Neumann

Ney

Norwood

Nussle

Oberstar

Obey

Olver

Ortiz

Owens

Oxley

Packard

Pallone

Parker

Pastor

Paxon

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Petri

Pickett

Pombo

Pomeroy

Porter

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Rahall

Ramstad

Rangel

Reed

Regula

Richardson

Riggs

Rivers

Roberts

Roemer

Rogers

Rohrabacher

Ros-Lehtinen

Rose

Roth

Roybal-Allard

Royce

Rush

Sabo

Salmon

Sanders

Sanford

Sawyer

Saxton

Scarborough

Schaefer

Schiff

Schroeder

Schumer

Scott

Seastrand

Sensenbrenner

Serrano

Shadegg

Shaw

Shays

Shuster

Skaggs

Skeen

Skelton

Slaughter

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stark

Stearns

Stenholm

Stockman

Stokes

Studds

Stump

Stupak

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Tejeda

Thomas

Thompson

Thornberry

Thornton

Thurman

Tiahrt

Torkildsen

Torres

Torricelli

Towns

Traficant

Upton

Vela ́zquez

Vento

Visclosky

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Ward

Watt (NC)

Watts (OK)

Waxman

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Williams

Wilson

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—7

Beilenson

Dellums

Gibbons

Jacobs

Johnston

Orton

Waters

NOT VOTING—8

Kennedy (MA)

Moakley

Reynolds

Roukema

Sisisky

Taylor (NC)

Tucker

Volkmer

So the bill was passed.

On motion of Mr. SHUSTER, by

unanimous consent, the bill of the Senate (S. 440) to amend title 23, United

States Code, to provide for the designation of the National Highway System,

and for other purposes; was taken from

the Speaker’s table.

When said bill was considered and

read twice.

Mr. SHUSTER submitted the following amendment, which was agreed

to:

Strike out all after the enacting clause and

insert the provisions of H.R. 2274, as passed

by the House.

The bill, as amended, was ordered to

be read a third time, was read a third

time by title, and passed.

By unanimous consent, the title was

amended so as to read: ‘‘An Act to

amend title 23, United States Code, to

designate the National Highway System, and for other purposes.’’.

A motion to reconsider the votes

whereby said bill, as amended, was

passed and the title was amended was,

by unanimous consent, laid on the

table.

By unanimous consent, H.R. 2274, a

similar House bill, was laid on the

table.

On motion of Mr. SHUSTER, by direction of the Committee on Transportation and Infrastructure and pursuant

to clause 1 of rule XX, it was,

Resolved, That the House insist upon

its amendments to S. 440 and request a

conference with the Senate on the disagreeing votes of the two Houses thereon.

T118.19 APPOINTMENT OF CONFEREES—

S. 440

Thereupon, the SPEAKER pro tempore, Mr. TORKILDSEN, by unanimous

consent, announced the appointment of

Messrs. SHUSTER, CLINGER, PETRI,

EMERSON, LAHOOD, MINETA, OBERSTAR,

and RAHALL, as managers on the part

of the House at said conference.

Ordered, That the Clerk notify the

Senate thereof.

T118.20 PROVIDING FOR THE

CONSIDERATION OF THE CONFERENCE

REPORT ON H.R. 1817

Mr. MCINNIS, by direction of the

Committee on Rules, called up the following resolution (H. Res. 223):

Resolved, That upon adoption of this resolution it shall be in order to consider the

conference report to accompany the bill

(H.R. 1817) making appropriations for the fiscal year ending September 30, 1996, and for

other purposes. All points of order against

the conference report and against its consideration are waived.

When said resolution was considered.

After debate,

On motion of Mr. MCINNIS, the previous question was ordered on the resolution to its adoption or rejection and

under the operation thereof, the resolution was agreed to.

A motion to reconsider the vote

whereby said resolution, was agreed to

was, by unanimous consent, laid on the

table.

T118.21 MILITARY CONSTRUCTION

APPROPRIATIONS, FY 1996

Mrs. VUCANOVICH, pursuant to

House Resolution 223, called up the following conference report (Rept. No.

104–247):

The committee of conference on the disagreeing votes of the two Houses on the

amendments of the Senate to the bill (H.R.

1817) ‘‘making appropriations for military

construction, family housing, and base realignment and closure for the Department of

Defense for the fiscal year ending September

30, 1996, and for other purposes,’’ having met,

after full and free conference, have agreed to

recommend and do recommend to their respective Houses as follows:

That the Senate recede from its amendments numbered 1, 4, 14, 15, 19, 30, 35, 36, 37,

43, 44, 45, 47, 48, and 49.

That the House recede from its disagreement to the amendments of the Senate numbered 3, 7, 10, 12, 18, 22, 38, 39, 40, 41, and 42,

and agree to the same.

Amendment numbered 2:

That the House recede from its disagreement to the amendment of the Senate numbered 2, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment, insert: $633,814,000; and the Senate

agree to the same.

Amendment numbered 5:

That the House recede from its disagreement to the amendment of the Senate numbered 5, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment, insert: $554,636,000; and the Senate

agree to the same.

Amendment numbered 6:

That the House recede from its disagreement to the amendment of the Senate numbered 6, and agree to the same with an

amendment, as follows:

In lieu of the sum proposed by said amendment, insert: $50,477,000; and the Senate

agree to the same.

Amendment numbered 8:

That the House recede from its disagreement to the amendment of the Senate numbered 8, and agree to the same with an

amendment, as follows: