S.Amdt. 599

SA 599. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4653, May 9, 2005, under ``Texts of Amendments'', the
following sentence appeared: SA 599. Mr. BINGAMAN submitted an
amendment intended to be proposed by him to the bill, H.R. 3,
Reserved;

The online version has been corrected to read: SA 599. Mr.
BINGAMAN submitted an amendment intended to be proposed by him to
the bill, H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other
purposes.

========================= END NOTE =========================

In section 510(a)(4)(D) of title 23, United States Code (as
amended by section 2101(a)), strike clause (i) and insert the
following:
``(i) Southwest Bridge Research Center, comprising New
Mexico State University and the Oklahoma Transportation
Center.''.
SA 600. Mr. TALENT (for himself and Mr. Dodd) proposed an amendment
to amendment SA 567 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes.

=========================== NOTE ===========================

On page S4653, May 9, 2005, under ``Texts of Amendments'', the
following sentence appeared: SA 600. Mr. TALENT (for himself and
Mr. Dodd) submitted an amendment intended to be proposed by him to
the bill, H.R. 3, Reserved;

The online version has been corrected to read: SA 600. Mr.
TALENT (for himself and Dodd) submitted an amendment intended to
be proposed by him to the bill, H.R. 3, to authorize funds for
Federal-aid highways, highway safety programs, and transit
programs, and for other purposes.

========================= END NOTE =========================

At the end of subtitle H of title I, add the following:

SEC. 18__. NOTICE REGARDING PARTICIPATION OF SMALL BUSINESS
CONCERNS.

The Secretary of Transportation shall notify each State or
political subdivision of a State to which the Secretary of
Transportation awards a grant or other Federal funds of the
criteria for participation by a small business concern in any
program or project that is funded, in whole or in part, by
the Federal Government under section 155 of the Small
Business Reauthorization and Manufacturing Assistance Act of
2004 (15 U.S.C. 567g).
SA 601. Mrs. CLINTON submitted an amendment intended to be proposed
by her to the bill H.R. 3, Reserved; which was ordered to lie on the
table; as follows:

Beginning on page 66, strike line 13 and all that follows
through page 81, line 8, and insert the following:
(b) National Surface Transportation Policy Study
Commission.--
(1) Establishment.--There is established a commission to be
known as the ``Next Generation National Surface
Transportation Policy Study Commission'' (referred to in this
section as the ``Commission'').
(2) Membership.--
(A) Composition.--The Commission shall be composed of 12
members, of whom--
(i) 1 member shall be the Secretary, who shall serve as
Chairperson;
(ii) 3 members shall be appointed by the President;
(iii) 2 members shall be appointed by the Speaker of the
House of Representatives;
(iv) 2 members shall be appointed by the minority leader of
the House of Representatives;
(v) 2 members shall be appointed by the majority leader of
the Senate; and
(vi) 2 members shall be appointed by the minority leader of
the Senate.
(B) Qualifications.--Members appointed under paragraph
(1)--
(i) shall include individuals representing State and local
governments, metropolitan planning organizations,
transportation-related industries, academic and technical
institutions, and public interest organizations involved with
scientific, regulatory, economic, and environmental
transportation activities; and
(ii) shall be balanced geographically to the extent
consistent with maintaining the highest level of expertise on
the Commission.
(C) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 120 days after
the date of establishment of the Commission.
(D) Terms.--A member shall be appointed for the life of the
Commission.
(E) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(F) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(G) Meetings.--The Commission shall meet at the call of the
Chairperson.
(H) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(I) Vice chairperson.--The Commission shall select a Vice
Chairperson from among the members of the Commission.
(3) Duties.--
(A) In general.--The Commission shall--
(i) conduct a complete and comprehensive investigation and
study of--

(I) the current condition and future needs of the surface
transportation system; and
(II) a comprehensive study of alternatives to replace or to
supplement the fuel tax as the principal revenue source to
support the Highway Trust Fund and suggest new or alternative
sources of revenue to fund the needs of the surface
transportation system over at least the next 30 years;

(B) develop a conceptual plan, with alternative approaches,
for the future to ensure that the surface transportation
system will continue to serve the needs of the United States,
including specific recommendations regarding design and
operational standards, Federal policies, and legislative
changes;
(C) consult with the Secretary and the Secretary of the
Treasury in conducting the study to ensure that the views of
the Secretaries concerning essential attributes of Highway
Trust Fund revenue alternatives are considered;
(D) consult with representatives of State departments of
transportation and metropolitan planning organizations and
other key interested stakeholders in conducting the study to
ensure that--
(i) the views of the stakeholders on alternative revenue
sources to support State transportation improvement programs
are considered; and
(ii) any recommended Federal financing strategy takes into
account State financial requirements; and
(E) based on the study, make specific recommendations
regarding--
(i) actions that should be taken to develop alternative
revenue sources to sup port the Highway Trust Fund; and
(ii) the time frame for taking those actions.
(4) Related work.--To the maximum extent practicable, the
study shall build on related work that has been completed
by--
(A) the Secretary of Transportation;
(B) the Secretary of Energy;
(C) the Transportation Research Board, including the
findings, conclusions, and recommendations of the recent
study conducted by the Transportation Research Board on
alternatives to the fuel tax to support highway program
financing; and
(D) other entities and persons.
(5) Surface transportation needs.--With respect to surface
transportation needs, the investigation and study shall
specifically address--
(A) the current condition and performance of the Interstate
System (including the physical condition of bridges and
pavements and operational characteristics and performance),
relying primarily on existing data sources;
(B) the future of the Interstate System, based on a range
of legislative and policy approaches for 15-, 30-, and 50-
year time periods;
(C) the expected demographics and business uses that impact
the surface transportation system;
(D) the expected use of the surface transportation system,
including the effects of

[[Page S4654]]

changing vehicle types, modes of transportation, fleet size
and weights, and traffic volumes;
(E) desirable design policies and standards for future
improvements of the surface transportation system, including
additional access points;
(F) the identification of urban, rural, national, and
interregional needs for the surface transportation system;
(G) the potential for expansion, upgrades, or other changes
to the surface transportation system, including--
(i) deployment of advanced materials and intelligent
technologies;
(ii) critical multistate, urban, and rural corridors
needing capacity, safety, and operational enhancements;
(iii) improvements to intermodal linkages;
(iv) security and military deployment enhancements;
(v) strategies to enhance asset preservation; and
(vi) implementation strategies;
(H) the improvement of emergency preparedness and
evacuation using the surface transportation system,
including--
(i) examination of the potential use of all modes of the
surface transportation system in the safe and efficient
evacuation of citizens during times of emergency;
(ii) identification of the location of critical
bottlenecks; and
(iii) development of strategies to improve system
redundancy, especially in areas with a high potential for
terrorist attacks;
(I) alternatives for addressing environmental concerns
associated with the future development of the surface
transportation system;
(J) the evaluation and assessment of the current and future
capabilities for conducting system-wide real-time performance
data collection and analysis, traffic monitoring, and
transportation systems operations and management; and
(K) a range of policy and legislative alternatives for
addressing future needs for the surface transportation
system.
(6) Financing.--With respect to financing, the study shall
address specifically--
(A) the advantages and disadvantages of alternative revenue
sources to meet anticipated Federal surface transportation
financial requirements;
(B) recommendations concerning the most promising revenue
sources to support long-term Federal surface transportation
financing requirements;
(C) development of a broad transition strategy to move from
the current tax base to new funding mechanisms, including the
time frame for various components of the transition strategy;
(D) recommendations for additional research that may be
needed to implement recommended alternatives; and
(E) the extent to which revenues should reflect the
relative use of the highway system.
(7) Financing recommendations.--In developing financing
recommendations under this subsection, the Commission shall
consider--
(A) the ability to generate sufficient revenues from all
modes to meet anticipated long-term surface transportation
financing needs;
(B) the roles of the various levels of government and the
private sector in meeting future surface transportation
financing needs;
(C) administrative costs (including enforcement costs) to
implement each option;
(D) the expected increase in nontaxed fuels and the impact
of taxing those fuels;
(E) the likely technological advances that could ease
implementation of each option;
(F) the equity and economic efficiency of each option;
(G) the flexibility of different options to allow various
pricing alternatives to be implemented; and
(H) potential compatibility issues with State and local tax
mechanisms under each alternative.
(8) Technical advisory committee.--The Secretary shall
establish a technical advisory committee, in a manner
consistent with the Federal Advisory Committee Act (5 U.S.C.
App.), to collect and evaluate technical input from--
(A) the Department of Defense;
(B) appropriate Federal, State, and local officials with
responsibility for transportation;
(C) appropriate State and local elected officials;
(D) transportation and trade associations;
(E) emergency management officials;
(F) freight providers;
(G) the general public; and
(H) other entities and persons determined to be appropriate
by the Secretary to ensure a diverse range of views.
(9) Report and recommendations.--Not later than September
30, 2007, the Commission shall submit to Congress a final
report that contains--
(A) a detailed statement of the findings and conclusions of
the Commission; and
(B) the recommendations of the Commission for such
legislation and administrative actions as the Commission
considers to be appropriate.
(10) Powers of the commission.--
(A) Hearings.--The Commission may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out this section.
(B) Information from federal agencies.--
(i) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this section.
(ii) Provision of information.--On request of the
Chairperson of the Commission, the head of a Federal agency
shall provide the requested information to the Commission.
(C) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(D) Donations.--The Commission may accept, use, and dispose
of donations of services or property.
(11) Commission personnel matters.--
(A) Members.--A member of the Commission shall serve
without pay but shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of
title 5, United States Code, while away from the home or
regular place of business of the member in the performance of
the duties of the Commission.
(B) Contractors.--The Commission may enter into contracts
with an appropriate organizations, agencies, and entities to
conduct the study required under this section, under the
strategic guidance of the Commission.
(C) Administrative support.--On the request of the
Commission, the Administrator of the Federal Highway
Administration shall provide to the Commission, on a
reimbursable basis, the administrative support and services
necessary for the Commission to carry out the duties of the
Commission under this section.
(D) Detail of personnel.--
(i) In general.--On the request of the Commission, the
Secretary may detail, on a reimbursable basis, any of the
personnel of the Department to the Commission to assist the
Commission in carrying out the duties of the Commission under
this section.
(ii) Civil service status.--The detail of the employee
shall be without interruption or loss of civil service status
or privilege.
(12) Cooperation.--The staff of the Secretary shall
cooperate with the Commission in the study required under
this section, including providing such nonconfidential data
and information as are necessary to conduct the study.
(13) Relationship to other law.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), funds made available to carry out this section shall
be available for obligation in the same manner as if the
funds were apportioned under chapter 1 of title 23, United
States Code. (B) FEDERAL SHARE.--The Federal share of the
cost of the study and the Commission under this section shall
be 100 percent.
(B) Availability.--Funds made available to carry out this
section shall remain available until expended.
(14) Definition of surface transportation system.--In this
subsection, the term ``surface transportation system''
includes--
(A) the National Highway System;
(B) the Interstate System;
(C) the strategic highway network;
(D) congressional high priority corridors;
(E) intermodal connectors;
(F) freight facilities;
(G) navigable waterways;
(H) mass transportation;
(I) freight and intercity passenger rail infrastructure and
facilities; and
(J) surface access to airports.
(15) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$2,679,245 for fiscal year 2005.
(16) Termination.--
(A) In general.--The Commission shall terminate on the date
that is 180 days after the date on which the Commission
submits the report of the Commission under paragraph (10).
(B) Records.--Not later than the date of termination of the
Commission under subparagraph (A), all records and papers of
the Commission shall be delivered to the Archivist of the
United States for deposit in the National Archives.
______