Richard Shelby

Mr. SHELBY

Mr. SHELBY. These amendments have been cleared on both sides of the aisle.

Mr. SHELBY. Mr. President, this completes the amendments that the managers can clear from the list of amendments. The remaining amendments on the list either have rule XVI points of order that lie against them or the managers have been unable to clear. For all intents and purposes, we are done. I intend to urge third reading and final passage in short order.

Mr. SHELBY. Those amendments have been cleared on both sides. I urge the adoption of the amendments.

Mr. SHELBY. Mr. President, I move to reconsider the vote.

Mr. SHELBY

Mr. SHELBY. I thank the Senator from California for the opportunity to clarify the committee's intent with respect to the committee's response to NHTSA's request to test the ``feasibility of using the 5th percentile dummy'' as indicated in the budget justification. The committee intended with this report language to ensure that NCAP would be expanded to include small size dummies until those dummies are certified for use in crash tests conducted to verify compliance with federal motor vehicle safety standards. I am very supportive of the expanding the number of crash test dummies to more accurately simulate the diverse height and weight of vehicle occupants. The intent was not to prevent the agency from using small dummies nor to prevent NHTSA from acquiring test data essential. To the contrary, the committee provides additional funding in the relevant Research and Analysis contract program. I want to underscore how important it is for members of the committee and the entire body to have accurate and consistent information from NHTSA in order to proceed with expanded NCAP tests. Indeed, the committee has received conflicting information from NHTSA regarding the readiness of small size dummies for use in crash tests.

Mr. SHELBY. Mr. President, I would agree.

Mr. SHELBY. Mr. President, I send an amendment to the desk and ask for its immediate consideration.

Mr. SHELBY. I suggest the absence of a quorum.

Mr. SHELBY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SHELBY. Mr. President, I am advised that the Senator from Mississippi did bring this matter to the Subcommittee's attention and requested the Subcommittee's consideration for funding. As the Senator from Mississippi knows, the subcommittee considered a number of requests for research projects that could not be funded within the allocations. However, I share the Senator from Mississippi's view that the research program proposed by Jackson State University would make an important contribution to multi-modal transportation research.

Mr. SHELBY

Mr. SHELBY. Mr. President, following the previous agreement, all amendments had to be filed by 11:30. I think it is a little past 11:30. We should now have all of the amendments. At this time, I would like to review with my ranking member, Senator Lautenberg, all amendments that have been filed. I suggest the absence of a quorum.

Mr. SHELBY. Mr. President, I ask unanimous consent that I be given 2 minutes to speak on this amendment.

Mr. SHELBY. What does the Senator want to know?

Mr. SHELBY. I asked unanimous consent that I be given time. It is on nobody's time.

Mr. SHELBY. Mr. President, I was not going to comment on this provision today, as I am trying to expedite consideration of the transportation appropriations bill and did not want any statement by me to delay the conclusion of the Senate's consideration of the measure. However, since I heard the chairman of the Environment and Public Works Committee and the ranking member of the Environment and Public Works Committee come out in opposition to this measure, I could not miss the opportunity to stand with them in opposition to include this provision on the Transportation appropriations bill. Often we find ourselves in disagreement on individual amendments, so when the chance arises to be on the same side with them, I did not want to miss the chance. Further, I do believe that in this particular instance flexibility is a dangerous tool to be giving Amtrak. It is one thing to grant special dispensation in the case of increasing service or in unique circumstances, but my concern here is that Amtrak will use the provision to leverage State to shift badly needed highway dollars to simply maintaining already failing Amtrak service. This is one of those circumstances of needing to be careful what you wish for--many States may find the they have fewer highway dollars and the same Amtrak service at the end of the day if this provision were to pass. I urge my colleagues to reject this provision on this bill.

Mr. SHELBY

Mr. SHELBY. I suggest the absence of a quorum.

Mr. SHELBY

Mr. SHELBY. Mr. President, is the unanimous consent request made by Senator Stevens, the chairman of the full Committee on Appropriations, before the Senate right now?

Mr. SHELBY. What is the pending business at the moment?

Mr. SHELBY. Mr. President, I suggest the absence of a quorum.

Mr. SHELBY. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. SHELBY. Mr. President, I send an amendment to the desk, and I ask for its immediate consideration.

Mr. SHELBY. Mr. President, I ask unanimous consent reading of the amendment be dispensed with.

Mr. SHELBY. Mr. President, I ask for the yeas and nays on the amendment.

Mr. SHELBY. Mr. President, I ask unanimous consent a vote occur in relation to the pending amendment at 5:40 p.m. and no second-degree amendments be in order prior to the vote.

Mr. SHELBY. It is not.