Congressional RecordUNUM

E PLURIBUS

United Statesof America PROCEEDINGS AND DEBATES OF THE 105th

CONGRESS, SECOND SESSION

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.

H3757

Vol. 144 WASHINGTON, FRIDAY, MAY 22, 1998 No. 67

House of RepresentativesThe House met at 9 a.m.Dr. Carl Holladay, Candler School of

Theology, Emory University, Atlanta,Georgia, offered the following prayer:

Let us pray. Gracious God, we confessYou as the one who inspired our begin-nings as a people in quest of freedomand who sustained these hopes in timesof threat and despair. In deep gratitudetoday, we remember this Nation’sbrave men and women, who died for thecause of freedom.

Bless this House as it deliberatestoday. Give those gathered here a spe-cial measure of Your wisdom. Let themdo their work driven by a desire toserve the common good. Let them hearthe plaintive cries of those longing tobe heard. Let them know the hopes ofthose who live with noble dreamsunfulfilled. Let them remember theprayers of those who long to be free.

We pray for peace and justice, know-ing how the demands of justice com-pete with cries for mercy, yet willingto make ourselves instruments of Yourpeace in this world. Amen.

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THE JOURNAL

The SPEAKER. The Chair has exam-ined the Journal of the last day’s pro-ceedings and announces to the Househis approval thereof.

Pursuant to clause 1, rule I, the Jour-nal stands approved.

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PLEDGE OF ALLEGIANCE

The SPEAKER. Will the gentlemanfrom Pennsylvania (Mr. MASCARA)come forward and lead the House in thePledge of Allegiance.

Mr. MASCARA led the Pledge of Al-legiance as follows:

I pledge allegiance to the Flag of theUnited States of America, and to the Repub-lic for which it stands, one nation under God,indivisible, with liberty and justice for all.

MESSAGE FROM THE SENATE

A message from the Senate by Mr.Lundregan, one of its clerks, an-nounced that the Senate had passedwithout amendment a concurrent reso-lution of the House of the followingtitle:

H. Con. Res. 171. Concurrent resolution de-claring the city of Roanoke, Virginia, to bethe official site of the National EmergencyMedical Services Memorial Services.

The message also announced that theSenate passed a concurrent resolutionof the following title, in which concur-rence of the House is requested:

S. Con. Res. 73. Concurrent resolution ex-pressing the sense of Congress that the Euro-pean Union is unfairly restricting the impor-tation of United States agriculture productsand the elimination of such restrictionsshould be a top priority in trade negotiationswith the European Union.

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GRANTING MEMBERS OF THEHOUSE PRIVILEGE TO EXTENDREMARKS IN CONGRESSIONALRECORD TODAY

Mr. GIBBONS. Mr. Speaker, I askunanimous consent that for today allMembers be permitted to extend theirremarks and to include extraneous ma-terials in that section of the RECORDentitled Extensions of Remarks.

The SPEAKER. Is there objection tothe request of the gentleman from Ne-vada?

There was no objection.f

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. The Chair will recog-nize Members for eight 1-minutespeeches on each side.

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WORKING U.S. CITIZENS SUFFERFROM DEMORALIZING ANDCRUSHING TAX BURDEN

(Mr. GIBBONS asked and was givenpermission to address the House for 1

minute and to revise and extend his re-marks.)

Mr. GIBBONS. Mr. Speaker, incred-ible as it may sound, for the first 132working days of this year, every pennyearned by the hard-working men andwomen of Nevada did not go to pay fortheir kids’ education, did not go to payfor their home mortgage, did not go topay their medical insurance or ex-penses. Instead, it all went to this ex-panding government bureaucracy.

Fully one-third of the year’s effort ofthese hard-working Americans hasbeen spent just to pick up the tab forthe bloated government bureaucracy.Decades of unchecked growth and defi-cit spending by the liberal tax andspenders has left the hard-working menand women of this country with thisdemoralizing and crushing tax burden.

The vast majority of Americans donot object to paying their fair share oftaxes, but they do object to the suffo-cating level of taxation that existsunder this administration.

Arthur Godfrey put it best when hesaid, ‘‘I’m proud to be paying taxes inthe United States. The only thing is, Icould be just as proud for half themoney.’’

Mr. Speaker, I urge all of my col-leagues to support the Republican pro-posal to eliminate the marriage taxpenalty. Let us allow hard-workingfamilies to keep more, not less, of theirmoney.

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RECOGNITION OF AFRICANLIBERATION DAY

(Ms. CHRISTIAN-GREEN asked andwas given permission to address theHouse for 1 minute and to revise andextend her remarks.)

Ms. CHRISTIAN-GREEN. Mr. Speak-er, I rise today to join my fellow VirginIslanders in recognition of African Lib-eration Day, which will be celebratedon Monday, May 25, a day created in1963 as a rallying point for freedom and

CONGRESSIONAL RECORD — HOUSEH3758 May 22, 1998to mark the progress of the liberationstruggles in Africa.

For my constituents and I, thisyear’s celebration is especially signifi-cant because it occurs as we celebratethe 150th anniversary of emancipationfrom slavery.

For Africans on the continent and inthe Diaspora, this year has special sig-nificance as we await the enactment ofthe African trade bill and look forwardto the passage of a similar proposal forthe Caribbean.

It is my hope that as we come to-gether, not only in the Virgin Islandsbut around the world, to reaffirm ouroneness, we can move closer to our fulleconomic liberation with the creationof a new and unique trade area whichwill link all of Africa’s children, thoseon the continent as well as those in theUnited States and the Caribbean.

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REQUESTING THE PRESIDENT TOPLEASE EXPLAIN TRANSFER OFTECHNOLOGY TO COMMUNISTCHINA

(Mr. BARTLETT of Maryland askedand was given permission to addressthe House for 1 minute and to reviseand extend his remarks.)

Mr. BARTLETT of Maryland. Mr.Speaker, I would like the President toexplain to the American people whyauthority for approving technologytransfers to Communist China wastransferred from the State Departmentto the Commerce Department in thisadministration.

I would like to know why nationalsecurity concerns would be overruledby commercial considerations, thus en-dangering the security of all Ameri-cans.

The idea that it is official U.S. policyto improve Communist China’s rocketsdefies explanation. Instead of develop-ing a missile defense system of ourown, this administrations is helping todevelop Communist China’s strategicnuclear missile program, a programwith missiles even now aimed at theUnited States.

This policy is madness, utter mad-ness, and I am still awaiting an expla-nation from this administration whythey determined that assisting Com-munist China in the development of its‘‘Long March’’ missile is in the na-tional interest of the United States.

Refusing to build a national missiledefense because perfecting China’s mis-siles is a higher priority is not onlynutty and bizarre, it clearly puts ourcountry at increased risk.

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SUPPORT H. CON. RES. 203 TOFUND VETERANS OF FOREIGNWARS STAMP

(Mr. MASCARA asked and was givenpermission to address the House for 1minute and to revise and extend his re-marks.)

Mr. MASCARA. Mr. Speaker, I rise tourge my colleagues to support my reso-lution, H.Con.Res. 203, the resolution

requesting the United States PostalService to issue a commemorativestamp honoring the 100th anniversaryof the founding of the Veterans of For-eign Wars of the United States. It hon-ors those men and women who fought,bled and died in every war in which theUnited States has engaged during thiscentury.

The U.S. Postal Service is issuingmany stamps to celebrate this century.Some of these are very worthy eventsand deserve to be recognized. However,the VFW should be given as much con-sideration as cartoon characters, ElvisPresley and Marilyn Monroe.

As we leave this century, I believethe Citizens Stamp Advisory Commit-tee should do the right thing; issue astamp honoring the 100th anniversaryof one of the Nation’s oldest veteransorganizations.

At the present time, I have over 125cosponsors, a bipartisan effort. I askother Members to join me in do spon-soring H.Con.Res. 203 to honor the Vet-erans of Foreign Wars with theissuance of a 100th anniversary com-memorative stamp.

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TRIBUTE TO ROSCOE ALLEN, JR.,OF OCILLA, GEORGIA

(Mr. CHAMBLISS asked and wasgiven permission to address the Housefor 1 minute and to revise and extendhis remarks.)

Mr. CHAMBLISS. Mr. Speaker, I risetoday to honor one of my constituents,Roscoe Allen, Jr., of Ocilla, Georgia.Mr. Allen has been selected by theSmall Business Administration asSmall Businessperson of the Year forthe State of Georgia, and he will rep-resent Georgia in the selection processfor the National Small Businesspersonof the Year.

In just 2 years, Mr. Allen has madehis mark in the competitive snack foodindustry. He broke into the peanutprocessing business by putting in longhours, traveling many miles and prac-ticing his straightforward sales pitchto his wife and long-time friend. Hiscompany, known as the Roscoe AllenCompany, is the first southern, Afri-can-American-owned peanuts andmixed nuts processor. His products aresold in grocery stores all across thesoutheast as well as in Texas.

Mr. Speaker, I commend Mr. Allen’scommitment to providing quality prod-ucts and outstanding service at an eco-nomical price and for achieving successin a competitive market in such ashort period of time. I congratulate Mr.Allen and wish him all the best at theSmall Businessperson award ceremonyand commend him for being an out-standing example of a small business-man and to let him know that all ofGeorgia is very proud of him.

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PARENTS, WITH GOD’S HELP,RAISE OUR CHILDREN

(Mr. TRAFICANT asked and wasgiven permission to address the House

for 1 minute and to revise and extendhis remarks.)

Mr. TRAFICANT. Mr. Speaker, an-other tragedy in our schools: more ex-pert analysis.

One group said America should heedthe advice of the First Lady when shesaid it takes a community to raise achild. I do not mean to be disrespectful,but I disagree.

Communities do not raise a child;PTAs do not raise a child; schools donot raise a child; day care centers andsummer camps do not raise a child. Mycolleagues, the awesome responsibilityof raising a child is still the parents.Parents raise our children.

Maybe if America got back to basicsand placed more emphasis on parentsinstead of communities, our kids wouldbe much better off. If the communitywants to help, they might allow Godback into our schools. Parents, withthe help of God, will be much more ef-fective raising our kids.

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RELIGIOUS LIBERTY IN BELGIUM

(Mr. PITTS asked and was given per-mission to address the House for 1minute and to revise and extend his re-marks.)

Mr. PITTS. Mr. Speaker, I rise todayto express concern over an increase inreligious intolerance in the country ofBelgium.

In 1997, the Belgian parliament pub-lished a Sect Report which brandedEvangelical Christians, Pentecostals,Amish, Charismatics, and other Evan-gelical mission groups as potentiallydangerous sects. In addition, the Bel-gian parliamentary report also tar-geted Catholic Charismatics.

Former King of Belgium, Baldwyn I,who was known to be close to the Char-ismatic movement inside the Catholicchurch, was even attacked on the frontpage of a daily newspaper.

The Belgian Sect Report was fol-lowed by legislation on April 30 thisyear which established a Sect Observ-atory.

Mr. Speaker, its highly disturbingthat a government which abides by theHelsinki Accords, as well as the Euro-pean Convention on Human Rights,should violate these agreements by es-tablishing a government network tomonitor the religious activity of law-abiding citizens.

Mr. Speaker, the fundamental rightof religious liberty must be protectedfor all people, including those in West-ern Europe.

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BESTEA CONFERENCE REPORT

(Mr. KLINK asked and was given per-mission to address the House for 1minute and to revise and extend his re-marks.)

Mr. KLINK. Mr. Speaker, today lateron the floor of the House of Represent-atives, the BESTEA conference reportwill be up. And Members on both sidesare to be commended for the work theyhave done on this piece of legislation.

CONGRESSIONAL RECORD — HOUSE H3759May 22, 1998But there has been a rumbling on thefloor during this last week that some-how Members are being told that theyare voting against their veterans inorder to get bridges and highways. Andthat is not the intentions of Memberson either side of the House.

To make that clear, I have draftedthe full Veterans Benefit Act of 1998. Iwould like Members to think about co-sponsoring this bill. It is not the inten-tions of Republicans or Democrats togive short shrift to those World War IIveterans who fought their way acrossEurope, who fought their way acrossthe Pacific, or those veterans fromKorea who feel they are forgotten orthose from Vietnam, Grenada, Panamaor Desert Storm.

We stand up for our veterans, and wewant to fully fund their benefits. So Iask the Members today to cosponsorthe full Veterans Benefit Act of 1998 aswe pass this BESTEA bill and send theveterans a message. The U.S. Congressis with them. We think they haveearned these benefits. We think theydeserve them.

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NATIONAL RIGHT TO WORK ACT

(Mr. SNOWBARGER asked and wasgiven permission to address the Housefor 1 minute and to revise and extendhis remarks.)

Mr. SNOWBARGER. Mr. Speaker, Irise today to voice my wholeheartedsupport for H.R. 59, the National Rightto Work Act, and to implore my col-leagues to give their support as well.

H.R. 59 simply eliminates those pro-visions of the National Labor RelationsAct and the Railway Labor Act thatempower unions bosses to steal thehard-earned money of American work-ers.

Over 60 years ago, Congress gaveunion officials the so-called right toforce workers to pay union dues wheth-er they want to or not. Union officialshave wielded this power far too long. Itis time to reintroduce freedom into theAmerican workplace, the freedom tochoose whether or not to pay uniondues, freedom from compulsory union-ism.

H.R. 59 corrects a terrible injustice.The coercion of America’s workers topay union dues is immoral and againstthe basic values of our country andeven of the founders of the labor unionsthemselves.

Support restoration of freedom forthe American worker. Support the re-peal of the power to force people to paydues to a union against their will. Sup-port H.R. 59.

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PROPOSITION 226 BALLOTINITIATIVE

(Mr. FAZIO of California asked andwas given permission to address theHouse for 1 minute).

Mr. FAZIO of California. Mr. Speak-er, I would like to offer another viewon the message from the gentlemanwho just appeared in the well.

Several weeks ago, Congress over-whelmingly rejected a bid by right-wing foundations and corporate inter-ests that would have tilted the politi-cal balance in America. By an over-whelming bipartisan vote, the Housedefeated a bill that included languagesimilar to the Proposition 226 ballotinitiative in California.

Funded by extreme out-of-state in-terest groups and large corporate do-nors, this California initiative is partof a national campaign by ultra-conservative groups. Their goal: toweaken the role of working men andwomen who oppose their right-wingviews on issues such as the PatientProtection Act, or HMO reform, in-creasing the minimum wage, and re-forming social security.

This attempt to dilute the politicalpower of union members, sometimescalled ‘‘paycheck protection’’ but moreaptly named ‘‘paycheck deception’’,failed in Congress; and it should fail inCalifornia as well.

Despite the rhetoric we heard on thefloor last night, big business alreadyoutspends labor by an 11–1 margin.Prop 226 would likely give big businesseven greater political advantage. Fel-low Californians, vote no on Prop 226on June 2.

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U.S. NATIONAL SECURITY HARMED(Mr. TIAHRT asked and was given

permission to address the House for 1minute and to revise and extend his re-marks.)

Mr. TIAHRT. Mr. Speaker, accordingto press accounts, the Pentagon issueda classified report in May of 1997 aboutthe Loral-led review commission’s un-authorized release to China of its re-port on Communist China’s latestrocket crash.

The report concluded that the UnitedStates national security has beenharmed. Let me repeat that. The reportconcluded that the United States na-tional security has been harmed. TheWhite House claims otherwise but of-fers no explanation, nothing at all.

In February of this year, despite in-tense opposition from his own JusticeDepartment, President Clinton gavepermission to Loral to transfer highlysensitive missile information, particu-larly with respect to encryption, to theCommunist Chinese government. Re-portedly, the Chinese could use this in-formation to perfect their missile androcket programs. This was allowed de-spite an ongoing criminal investigationof Loral for earlier transfers of missiletechnology to Communist China.

This leaves many unanswered ques-tions such as, how deeply was U.S. na-tional security harmed? Did the cam-paign contributions to Loral and theChinese government affect the deci-sion? And why does the President in-sist that this decision was in the bestinterest of the American people?

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AGRICULTURAL RESEARCH BILL(Mr. STENHOLM asked and was

given permission to address the House

for 1 minute and to revise and extendhis remarks.)

Mr. STENHOLM. Mr. Speaker, Icome and take this 1 minute today toalert my colleagues in the House ofRepresentatives of a rule that we areabout to take under consideration con-cerning the agricultural research billthat is unprecedented.

The Speaker of the House of Rep-resentatives, the gentleman from Geor-gia (Mr. GINGRICH), and his leadership,the gentleman from Texas (Mr.ARMEY), and the gentleman from Texas(Mr. DELAY) are about to do some tre-mendous damage to production agri-culture all over this Nation. Because ofthe same manner in which they wrotethe farm bill in his office, they are nowwriting a rule that is going, as I said,to do lasting damage to production ag-riculture.

For the first time in my legislativelife, we have the nutrition communityand the production agriculture com-mittee agree on additional funding forcrop insurance and other agriculturalneeds and restoring of some food needsand doing it in a budget-responsibleway. The rule that we are about to con-sider undoes it all.

I want to alert my colleagues in theHouse, immediately after the 1-min-utes, I will urge a motion to adjournuntil we can discuss this. And, hope-fully, the leadership will go back up-stairs and rewrite the rule in a fair wayto let the conference report be consid-ered by the full House.

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CAMPAIGN CONTRIBUTIONS FROMCOMMUNIST CHINA TO DNC

(Mr. PAPPAS asked and was givenpermission to address the House for 1minute.)

Mr. PAPPAS. Mr. Speaker, I wouldlike to ask a few questions that we willnever ever hear asked by most of thefolks on the other side of the aisle. Iwould like the American people tothink about these questions and thenask themselves why, why are thesequestions not even being asked by theliberals in Congress?

Why did Communist China appar-ently contribute nearly $3 million tothe Democratic National Committeeduring the 1996 election campaign?

Were there any changes in U.S. for-eign policy?

What were the results of all this for-eign money into the Democrat Party?

Now, consider the last question verycarefully. The problem, of course, isthat one cannot know whether achange in U.S. foreign policy was madebecause of these campaign contribu-tions or because a change was made forlegitimate policy reasons based on ournational interest. These are the con-cerns that we all should have.

One last question we will never everhear from the other side. Who in theWhite House knew about these con-tributions to the DNC? Maybe theother side does not want to know whoknew.

CONGRESSIONAL RECORD — HOUSEH3760 May 22, 1998AGRICULTURAL RESEARCH BILL

(Mr. DOOLEY of California asked andwas given permission to address theHouse for 1 minute and to revise andextend his remarks.)

Mr. DOOLEY of California. Mr.Speaker, I rise to make sure all my col-leagues fully understand that we aresoon to be considering a rule on the ag-ricultural research bill, and I think ev-eryone should understand exactly whatis about to happen.

Through the Committee on Agri-culture, we were able to fashion an agresearch, a crop insurance bill, as wellas a food stamp reform bill that hadbroad bipartisan support. It was a billthat went to conference. It was signedby all the Republican and Democratconferees. It was a bill that passed theSenate by a vote of 92–8.

Last night, the Committee on Ruleshas reported a bill that is basicallygoing to unravel this carefully craftedconference report. Anyone who choosesto vote for this rule has to understandwhat they are doing. They are taking aslap at every farmer in this country,farmers who are struggling to maintaintheir viability, because this rule willgut the crop insurance fix which is sovital.

They will also be having a slap in theface to our universities who are per-forming the agricultural research,which is so important to our inter-national competitiveness of the agri-culture sector. And they are also slap-ping in the face all the legal immi-grants who have the opportunity to getvital food stamps.

Vote no on this rule.

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AGRICULTURAL RESEARCH BILL

(Mr. BECERRA asked and was givenpermission to address the House for 1minute.)

Mr. BECERRA. Mr. Speaker, S.1150will come up, the rule will come up injust a few moments. I would like toecho the remarks of my friends andcolleagues, the gentleman from Texas(Mr. STENHOLM) and the gentlemanfrom California (Mr. DOOLEY).

We had a very delicately balancedpackage that addressed the needs ofour farmers in America and addressedthe needs of those in America who arehungry. It was a very difficult com-promise to make because there is sucha need out there in these various com-munities. Yet, we were able to strikethat accord, bipartisan accord, ruraland urban American accord.

On the Senate side, 92 votes came outin support of this bill. In conference, itwas a unanimously supported con-ference report. All of a sudden, now wehave a rule on this bill here in theHouse that would destroy that delicatecompromise, the balance that wasachieved.

Unfortunately, what it does is it gutsthe funding for the crop insurance as-pect of this, for the agricultural re-search aspect of this, and for the dol-

lars necessary to try to help those whoare in need of food. We cannot let thishappen.

I would urge a no vote on the rule.

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MOTION TO ADJOURN

Mr. STENHOLM. Mr. Speaker, Imove that the House do now adjourn.

The SPEAKER pro tempore (Mr. CAL-VERT). The question is on the motion toadjourn offered by the gentleman fromTexas (Mr. Stenholm).

The question was taken; and theSpeaker pro tempore announced thatthe noes appeared to have it.

Mr. STENHOLM. Mr. Speaker, I ob-ject to the vote on the ground that aquorum is not present and make thepoint of order that a quorum is notpresent.

The SPEAKER pro tempore. Evi-dently a quorum is not present.

The Sergeant at Arms will notify ab-sent Members.

The vote was taken by electronic de-vice, and there were—yeas 59, nays 304,not voting 70, as follows:

[Roll No. 187]

YEAS—59

AbercrombieAllenBecerraBermanBerryBishopBoniorBoucherBoydBrown (CA)Brown (OH)CastleClayClaytonConditCoyneCramerDeGetteDelahuntDeLauro

DooleyEdwardsFarrFattahFazioFordGejdensonGephardtHall (OH)Hastings (FL)KennellyKingstonLewis (GA)MantonMartinezMcGovernMcIntyreMillender-

McDonaldMink

ObeyOlverOrtizPallonePaynePickettPomeroyRoybal-AllardSaboSawyerScottSisiskySlaughterStenholmTannerTauscherThurmanWatersWatt (NC)Whitfield

NAYS—304

AderholtAndrewsArcherArmeyBachusBaeslerBakerBaldacciBallengerBarciaBarrBarrett (NE)Barrett (WI)BartlettBartonBassBentsenBereuterBilbrayBlagojevichBlileyBlumenauerBluntBoehlertBoehnerBonillaBorskiBoswellBrady (TX)Brown (FL)BryantBunningBurrBurtonBuyerCalvertCampCampbell

CanadyCannonCappsCardinCarsonChabotChamblissChenowethChristensenClyburnCobleCoburnCollinsCombestCookCookseyCostelloCoxCraneCrapoCummingsCunninghamDannerDavis (FL)Davis (VA)DealDiaz-BalartDicksDingellDoggettDoolittleDoyleDreierDuncanDunnEhlersEhrlichEmerson

EngelEnglishEnsignEshooEtheridgeEvansEverettEwingForbesFossellaFowlerFoxFrank (MA)Franks (NJ)FrelinghuysenFrostGalleglyGanskeGekasGibbonsGilchrestGillmorGilmanGoodeGoodlatteGoodlingGordonGossGrangerGreenwoodGutierrezHall (TX)HamiltonHansenHastertHastings (WA)HayworthHefley

HillHillearyHilliardHinojosaHobsonHoekstraHoldenHooleyHornHostettlerHoughtonHoyerHulshofHutchinsonHydeIstookJackson (IL)Jackson-Lee

(TX)JenkinsJohnJohnson (CT)Johnson (WI)Johnson, E.B.JonesKanjorskiKasichKellyKennedy (MA)Kennedy (RI)KildeeKilpatrickKimKind (WI)King (NY)KleczkaKlinkKlugKnollenbergKolbeKucinichLaFalceLaHoodLampsonLantosLargentLathamLaTouretteLazioLeachLeeLevinLewis (CA)Lewis (KY)LinderLipinskiLivingstonLoBiondoLofgrenLoweyLucasLutherMaloney (CT)Maloney (NY)

MascaraMatsuiMcCarthy (NY)McCollumMcHaleMcHughMcInnisMcIntoshMcKeonMcKinneyMcNultyMeehanMeek (FL)MenendezMetcalfMicaMiller (FL)MingeMoakleyMoran (KS)Moran (VA)MurthaMyrickNealNethercuttNeumannNeyNorthupNorwoodNussleOberstarPackardPappasPastorPaulPaxonPeasePeterson (MN)Peterson (PA)PetriPickeringPittsPomboPortmanPoshardPrice (NC)Pryce (OH)RadanovichRahallRamstadRedmondRegulaRileyRiversRodriguezRoemerRogersRohrabacherRos-LehtinenRothmanRoukemaRoyceRushRyun

SalmonSanchezSandlinSanfordSaxtonScarboroughSchaefer, DanSchaffer, BobSchumerSensenbrennerShadeggShawShaysShermanShimkusShusterSkeenSkeltonSmith (MI)Smith (NJ)Smith (OR)Smith (TX)Smith, AdamSmith, LindaSnowbargerSnyderSolomonSprattStabenowStearnsStokesStumpStupakSununuTalentTauzinTaylor (MS)ThomasThompsonThornberryThuneTiahrtTierneyTraficantTurnerUptonVelazquezVentoViscloskyWalshWampWatkinsWatts (OK)Weldon (FL)Weldon (PA)WexlerWhiteWiseWolfWoolseyWynnYatesYoung (FL)

NOT VOTING—70

AckermanBatemanBilirakisBonoBrady (PA)CallahanClementConyersCubinDavis (IL)DeFazioDeLayDeutschDickeyDixonFawellFilnerFoleyFurseGonzalezGrahamGreenGutknechtHarman

HefnerHergerHincheyHunterInglisJeffersonJohnson, SamKapturManzulloMarkeyMcCarthy (MO)McCreryMcDadeMcDermottMeeks (NY)Miller (CA)MollohanMorellaNadlerOwensOxleyParkerPascrellPelosi

PorterQuinnRangelReyesRiggsRoganSandersSerranoSessionsSkaggsSouderSpenceStarkStricklandTaylor (NC)TorresTownsWaxmanWellerWeygandWickerYoung (AK)

b 0957Messrs. RILEY, CUNNINGHAM,

THOMPSON, KLECZKA andRODRIGUEZ, Ms. KILPATRICK, Ms.JACKSON-LEE of Texas and Ms.WOOLSEY changed their vote from‘‘yea’’ to ‘‘nay.’’

CONGRESSIONAL RECORD — HOUSE H3761May 22, 1998Mr. HASTINGS of Florida changed

his vote from ‘‘nay’’ to ‘‘yea.’’So the motion to adjourn was re-

jected.The result of the vote was announced

as above recorded.f

PERSONAL EXPLANATION

Mrs. MCCARTHY OF MISSOURI. MR. SPEAK-ER, ON ROLLCALL NO. 187, I WAS UNAVOIDABLYDETAINED. HAD I BEEN PRESENT, I WOULD HAVEVOTED ‘‘NO.’’

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AMENDMENT TO RULE ON S. 1150,AGRICULTURAL RESEARCH, EX-TENSION, AND EDUCATION RE-FORM ACT OF 1998 CONFERENCEREPORT

(Mr. SOLOMON asked and was givenpermission to address the House for 1minute.)

Mr. SOLOMON. Mr. Speaker, there issome concern over understanding therule that we are about to take up. Ijust want to put the House on noticethat at the end of my remarks, or dur-ing the debate on the rule, that I willbe putting back into the bill an un-funded mandate that was removed. Ipersonally oppose unfunded mandatesand I will argue against it, but theHouse will have an opportunity to voteon it.

So at some point I would be offeringa manager’s amendment, that at theappropriate time I would offer anamendment to the rule ensuring thatthe offset for crop insurance and forfood stamps for legal aliens is going tobe in the bill. There would be a vote onwhether or not to take that out.

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DISPOSING OF CONFERENCE RE-PORT ON S. 1150, AGRICULTURALRESEARCH, EXTENSION, ANDEDUCATION REFORM ACT OF 1998

Mr. SOLOMON. Mr. Speaker, by di-rection of the Committee on Rules, Icall up House Resolution 446 and askfor its immediate consideration.

The Clerk read the resolution, as fol-lows:

H. RES. 446

Resolved, That upon adoption of this res-olution it shall be in order to consider theconference report to accompany the bill (S.1150) to ensure that federally funded agricul-tural research, extension, and education ad-dress high-priority concerns with national ormultistate significance, to reform, extend,and eliminate certain agricultural researchprograms, and for other purposes. All pointsof order against the conference report (ex-cept those arising under clause 3 of ruleXXVIII and predicated on provisions in sub-title A of title V) and against its consider-ation (except those arising under section 425of the Congressional Budget Act of 1974) arewaived. If a point of order against the con-ference report for failure to comply withclause 3 of rule XXVIII is sustained, the con-ference report shall be considered as rejectedand the pending question shall be, withoutintervention of any point of order, whetherthe House shall recede from its amendmentand agree to an amendment to the Senatebill consisting of the text of the conference

report, modified by striking subtitle A oftitle V. The previous question shall be con-sidered as ordered on the motion to finaladoption without intervening motion or de-mand for division of the question.

The SPEAKER pro tempore (Mr. CAL-VERT). The gentleman from New York(Mr. SOLOMON) is recognized for onehour.

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Mr. SOLOMON. Mr. Speaker, for thepurposes of the of debate only, I yield30 minutes to the gentleman from Ohio(Mr. HALL), pending which I yield my-self such time as I might consume. Alltime yielded is for purposes of debateonly.

This rule waives all points of orderagainst the conference report, exceptfor two. First, the rule will allowpoints of order for violations of the Un-funded Mandate Reform Act. The Con-gressional Budget Office has alreadydetermined that the conference reportcontains unfunded mandates to thetune of hundreds of millions of dollars;in my own State of New York, in thisletter from Governor George Pataki,several hundred million dollars alonewhich will have to be passed on to localproperty taxpayers in the State of NewYork.

Now, before consideration of the con-ference report, any Member may makea point of order that it contains an un-funded mandate, and at some point in afew minutes I will move to put back inthe unfunded mandate that was inad-vertently removed from the bill, eventhough I oppose it and I will raise apoint of order to strike out the un-funded mandate that we have just putback in. However, that would require a20 minute debate and a vote, so thateverybody understands they will havethat opportunity to vote on whether toproceed with an unfunded mandate.That will be the pay-for for crop insur-ance and food stamps for legal aliensand other categories.

The second point of order against theconference report permitted by thisrule is for the violation of scope of con-ference rule. This rule prohibits theconferees from adding material in theconference which was not considered ineither the House or the Senate, andhere we are talking about an $800 mil-lion expenditure for food stamps forlegal aliens, for refugees, for a group ofIndians, for a group of people comingout of Laos and Cambodia, and a num-ber of other people. In this case, theconference report contains several pro-visions which are beyond the scope ofthe conference.

Under the rule, the point of order isspecifically allowed against the part ofthe conference report, again, whichprovides $800 million for food stampsfor certain noncitizens, in subtitle A ofTitle V.

Mr. Speaker, the conference report isavailable on both sides of the aisle, andif my colleagues want to know whatthey are voting on as far as the foodstamps are concerned, they need to

look up subtitle A of Title V, and it isa very brief description of who is quali-fied in this bill.

If this point of order is sustained bythe Chair, technically the conferencereport falls, and the rule then providesthat the pending question will bewhether to agree to an amendmentconsisting of everything that was inthe conference report except the moneyfor food stamps for certain noncitizens.

Mr. Speaker, this conference reportcontains numerous violations of Houserules, and these are major issues thatwere put into this bill after it left boththe House and the Senate. There aremultiple points of order which wouldbe available to the Members of theHouse if this agreement were to bebrought up under the privileged statuswhich conference reports theoreticallyenjoy in the House.

Now, Mr. Speaker, this conference re-port was filed on April 27 and it haslanguished on this calendar since. Itwas presented to the Committee onRules yesterday, and the managers onthe part of the House requested a rulewaiving all points of order against theconference report and against its con-sideration.

Among the many points of orderwhich could be made against this con-ference report are as follows:

Clause 3 of rule 28, prohibiting mat-ters which extend beyond the scope ofthe conference.

Clause 4 of rule 28, prohibiting non-germane Senate material, an exampleof which is section 226(f), the redis-tribution of funds under the matchingfunds requirement for research and ex-tension activities at 1890 institutions.

Clause 2 of rule 20, so we can see howcomplicated this is, which prohibitsconsideration of Senate amendmentswhich would violate clause 2 of RuleXXI, which in turn prohibits appropria-tions on an authorizing measure, whichincludes many, many, many, many,many provisions. So we are breakingthe rules of our House by going aheadtoday with this.

Now, some of these are: Section 252,which is the Fund for Rural America;Title IV, miscellaneous fees; variousnutrition programs in the bill; and theNational Organic Certification Fees,and it goes on and on and on. I am justtrying to point out to my colleagues,all of these things were added to thisbill after it left both houses, so none ofus have any idea of what is in this bill,including me.

Section 303 of the CongressionalBudget Act, which prohibits consider-ation of legislation creating new budg-etary authority in a fiscal year beforepassage of the budget resolution. Thatis in here. This new budget authority islargely contained in the food stampstitle.

The conference report also containslegislative provisions in the jurisdic-tion of other House committees, in-cluding the Committee on Resourcesand the Committee on Appropriations,and the Committee on Appropriations

CONGRESSIONAL RECORD — HOUSEH3762 May 22, 1998should be very concerned about what ishappening here, because the Membersthat serve on standing committees al-ways raise a ruckus when the Commit-tee on Appropriations tries to legislatein their appropriation bill, taking awaythe jurisdiction in the standing com-mittees. This is just the opposite. Herewe have one authorizing committeetaking away the jurisdiction of the ap-propriations committees.

Finally, the unfunded mandates thatI described earlier. Mr. Speaker, fromamong this panoply of options, theCommittee on Rules chose two particu-larly egregious violations of Houserules and we crafted the rule accord-ingly, trying to follow the Rules of theHouse.

The rule therefore, and this is whatwe ought to listen to because it getscomplicated, the rule, therefore allowsMembers to make an unfunded man-date point of order, which if I am al-lowed to put it back in by unanimousconsent, I will make myself, because Iunalterably oppose unfunded mandateson State and local governments underany circumstances. And then we wouldhave a dedicated period of debate onmy motion to raise the point of orderagainst the unfunded mandate. Wewould have a period of debate, 20 min-utes, and a vote on whether to considerthe conference report with that un-funded mandate in it.

That is fair. Everybody gets a cleanshot. If we want to go ahead with it, wevote ‘‘yes’’. If we want to kill the billthen, we vote ‘‘no’’. That is normal,regular rules of order.

The rule then allows any Member tomake a point of order under the scoperule, clause 3 of rule 28, against sub-title A, title V of the conference re-port, which I have just outlined to mycolleagues, which contains both the un-funded mandate and the provision ex-panding food stamps to legal aliens.

This rule gives the House the oppor-tunity to take out of the conference re-port the food stamp provisions, whichmany of us object to, which nevershould have been in the conference re-port in the first place. Again, theywere not in the House bill, they werenot in the Senate bill. And the un-funded mandate saddles States andlocal governments, every one of ourStates, it saddles the States and localgovernments, local governments whichraise their revenues to pay for theseunfunded mandates out of propertytaxes. In other words, if we leave thismandate in, we are mandating an in-crease on property taxes on every oneof our constituents throughout Amer-ica that own a home.

The bill, when it passed the House,was designed primarily to help theCommittee on Agriculture and itshould have stayed that way, and if itdid, we would be sailing through herewith about a 15 minute debate on therule and a 10 minute debate on the billand it would have been settled. That isthe way it was when it left the Houseand the Senate and that is the way itshould be today.

When it came back from conferenceit was loaded up with these mandatoryprograms which rolled back the land-mark welfare reform package this Con-gress passed in 1996, and that is exactlywhat we are doing here today. If wevote ‘‘yes’’ on this bill with the foodstamps in there and these other provi-sions, saddling unfunded mandates onlocal governments and States, then weare just refuting everything that wedid two years ago that was overwhelm-ingly accepted by the American people.Eighty-four percent of the Americanpeople think we did the right thingback then, and they are going to thinkwe are doing the wrong thing heretoday.

This rule gives the House a way topreserve the parts of the bill dealingwith agriculture, while still taking outsome of the most egregious add-ons.

Now, that is what is before us today.Mr. Speaker, again, at the appropriatetime, as soon as the parliamentarianshave had time to review my unanimousconsent request, I will offer an amend-ment to the rule to ensure that the off-sets for crop insurance and food stampsfor legal aliens are back in the bill.

Mr. Speaker, in the case of the offsetfor both of these programs, crop insur-ance and food stamps for legal aliens,it is the unfunded mandate that we aretalking about. That provision is a re-duction in administrative costs whichpasses Federal costs off to the States,and therefore a vote for the amend-ment is a vote to send crop insuranceand agriculture research to the Senatewithout food stamps for legal aliens,and we are assured that that will passthe Senate today and be sent on to thePresident.

So I hope that is clear to my col-leagues. If it is not, I would be glad toentertain any questions as we proceedin this friendly debate.

Mr. Speaker, I reserve the balance ofmy time.

Mr. HALL of Ohio. Mr. Speaker, Iyield myself such time as I may con-sume.

I want to thank the Chairman of theCommittee on Rules, the gentlemanfrom New York (Mr. SOLOMON) foryielding me the time.

As my colleague has described, this isa rule for consideration of the con-ference report on Senate 1150, which isthe Agriculture Research Extensionand Education Act of 1998. It waives allpoints of order except the rules per-taining to unfunded mandates and thescope of the conference. I am stronglyopposed to the rule and I ask for its de-feat.

Behind all of the parliamentary lan-guage in this rule, this measure elimi-nates food stamps for 250,000 children,elderly people, disabled people, andpeople who came to this country to fleepolitical or religious persecution whoare legal immigrants. Yes, legal immi-grants who are in this country with theapproval of our government.

This is a shameful and maliciousrule. The conference report includes

provisions that improve agriculture re-search, fund and reform the Federalcrop insurance program, and extendrural development assistance. It alsorestores food stamps to about one-fourth of the refugees and legal immi-grants who were made ineligible underthe 1996 welfare bill.

The bill’s provision on food stampsfor legal immigrants do not undermineor conflict with welfare reform. Theprovisions are modeled on last year’sBalanced Budget Act which restoredeligibility for SSI and Medicaid to lim-ited categories of needy legal immi-grants.

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We are talking about restoring foodstamps to only the most vulnerablegroups of legal immigrants. This in-cludes children the elderly and the dis-abled. None of these groups are able-bodied, working-age people who wouldnormally be expected to support them-selves. Furthermore, eligibility is lim-ited to those special categories of peo-ple who entered the country prior tothe August 22nd, 1996, enactment of thewelfare reform bill.

We are talking about only 250,000 ofthe neediest legal immigrants. Thisbill has enormous support in Congressand throughout the Nation. The Senatepassed a conference report by an over-whelming vote of 92 to 8. It is sup-ported by numerous agricultural, com-modity, nutrition, immigrant, and reli-gious operations.

Testifying before the Committee onRules last evening, the chairman of theCommittee on Agriculture, the gen-tleman from Oregon (Mr. BOB SMITH),asked for a rule to protect the foodstamp provision. He called the con-ference report a carefully crafted bal-ance of interests. The ranking minor-ity member of the Committee on Agri-culture, the gentleman from Texas (Mr.CHARLIE STENHOLM), also asked for arule supporting the food stamp provi-sion. He called it a very good bill.

Members of the Committee on Rulesof both parties spoke out in favor of ex-tending food stamp eligibility to chil-dren, the disabled, and the elderly whoare legal immigrants. The gentlemanfrom Massachusetts (Mr. MOAKLEY) of-fered an amendment to the rule whichwould have saved the food stamp provi-sion. That motion failed on a narrow 5to 6 vote.

Yes, there is enormous support forthis bill, except for six members of theCommittee on Rules, who do not wantto see legal immigrants get foodstamps if they are children, disabled,or elderly. The cost of this is fully off-set, and it represents no net increase inspending. This bill does not affect anyfuture immigrants to the U.S.

There is no excuse for this nastiness.The measure even takes away foodstamps from some needy legal refugeeswho came to the U.S. to escape politi-cal or religious persecution. These arethe neediest of needy immigrants.They have no sponsors. They have no

CONGRESSIONAL RECORD — HOUSE H3763May 22, 1998support here. Why on earth do we wantto take away their food stamps?

The House must defeat this mean-spirited, hurtful rule. Before castingtheir votes, I hope Members understandthat a vote for this rule, a vote to stripfood stamps from children, the dis-abled, and the elderly who are legal im-migrants, is a vote against citizens,groups that support disabled rights, re-ligious groups, and advocates for thepoor. It is a vote against farmers whowill not be happy that this critical,time-sensitive legislation is delayed bythe politics of malice.

If this rule passes, there is not achance that the legislation will survivewithout the food stamp provision. TheSenate, which overwhelmingly sup-ported this bill, will not pass it. Theadministration, which strongly sup-ports it, will veto it; and the Americanpeople, who are generous people, willnot stand for it.

If this measure passes, we will haveto change the inscription on the Statueof Liberty: Give me your tired, yourpoor, except for your disabled, too old,or too young. The Statue of Libertymust be weeping. I urge Members inthe strongest possible terms, vote downthis rule.

Mr. Speaker, I reserve the balance ofmy time.

Mr. SOLOMON. I yield myself suchtime as I may consume.

Mr. Speaker, let me say to my goodfriend, who I have great respect for, hesays the Senate will not pass it. TheMajority Leader, TRENT LOTT, has as-sured us that if this bill contains whatit did originally in the House and Sen-ate that he will pass that bill today.

Mr. Speaker, I yield such time as hemay consume to the gentleman fromTexas (Mr. DICK ARMEY), the MajorityLeader of the House.

Mr. ARMEY. Mr. Speaker, I thankthe gentleman for yielding me thetime.

Mr. Speaker, I appreciate the factthat under different times and cir-cumstances passions run hot. Peopleget upset, feel the tension of this work.It is important work.

But I have to say, Mr. Speaker, Ihave heard a little rhetoric this morn-ing that is a little hotter than is nec-essary and, frankly, quite inaccurateand unfair. ‘‘Mean-spirited’’ I think isa little harsh.

The agriculture community came tous, and they said they needed crop in-surance. We agreed, and we want theagriculture community to get crop in-surance through this Congress andthrough the White House, through thefarmers of America. We are workinghard on that.

They also want additional fundingfor agricultural research. We are per-fectly excited about moving that for-ward for the agriculture community, sowe passed through this House a billthat would provide for agricultural re-search and crop insurance. A similarbill was passed through the Senate, andthen House and Senate went to con-

ference. In that conference, severalthings were added to the bill that hadnot been in either the House bill or theSenate bill.

If we are going to talk about what isoutside the regular order, what is out-side the rules of the House, let us beginwith adding things to a conference thatis outside the scope of the conference.That, of course, was a startling event.

When they closed their conferenceand brought back a conference reportwith these things that were outside thescope of their conference, it is per-fectly in order within the rules of theHouse for a Member to have a point oforder against the conference report.

Why did the members of the Commit-tee on Agriculture and the House andSenate, who had so convincingly madetheir case that crop insurance is impor-tant, get it done as quickly as possible,agriculture research is important, getit done as quickly as possible, why didthey add so many things to that fo-cused legislation that had come fromboth bodies that were outside the scopeof their conference?

Mr. FAZIO of California. Mr. Speak-er, will the gentleman yield?

Mr. ARMEY. I yield to the gentlemanfrom California.

Mr. FAZIO of California. Mr. Speak-er, it is my understanding that crop in-surance was not part of the legislationwhen it passed these individual Housesand was added simply on the samebasis that the food stamp provisionwas. There is some inconsistency.

Mr. ARMEY. Mr. Speaker, I thankthe gentleman for that.

Let me say, in the interests of incon-sistency, when the agriculture commu-nity and the agriculture committeescame to the leadership of both bodiesand said, this is urgent, we want to doso, they did so with our blessings.

Mr. FAZIO of California. Mr. Speak-er, if the gentleman will continue toyield, they did not do so on the issue offood stamps. So let us just put it on thebasis of where we stand.

Mr. ARMEY. The gentleman has hadhis time. I will make my point.

That being the case, I am sure thegentleman from California (Mr. FAZIO)might want to exercise his prerogativeunder the rules of the House with re-spect to his point of order.

Mr. SOLOMON. Mr. Speaker, will thegentleman yield?

Mr. ARMEY. I yield to the gentlemanfrom New York.

Mr. SOLOMON. Mr. Speaker, I wouldlike to make the point, just so Mem-bers will know, when we are talkingabout these food stamps, there is atimeliness date of November 1. Whenwe are talking about crop insurance, itis the end of June. That is why the cropinsurance was added, because there is atime deadline. That is why it must beadded on now. We can still deal withthe food stamp issue any time duringJune, July, and August.

Mr. ARMEY. The point I would liketo make, Mr. Speaker, is that both theleadership in the House and Senate did

everything we could to work with themembers of the agriculture communityand the members of the agriculturecommittees to move forward crop in-surance. That was the focus.

The fact of the matter is this Con-gress has taken great pride in the ac-complishments we have made to re-lieve the States of unfunded mandates,and we have taken great pride in thewelfare reform we have done. Every-body has understood, and for some pe-riod of time now we have been unableto solve the riddle of how to bring thislegislation related to crop insurance tothe floor because it was burdened withprovisions that would be objected to bythe majority of the people in the ma-jority conference.

Now we have found a rule that makesit possible. Let me make no mistakeabout it. If Members vote for this ruleand they pass this conference report,they can get crop insurance throughthe House on its road to the farmers ofAmerica. We can get research throughthe House on its road to the agricul-tural research centers of America. Wecan have them paid for.

If Members want to go back to theirdistricts and say, I stopped the process,I scuttled the plane at takeoff, I de-feated the rule because it was more im-portant for me to have things, provi-sions of this bill that are outside of thescope of its intent, that relate to theextension of the time under which peo-ple who are legal aliens can get foodstamps in America, because that wasmore important to me than you andyour crop insurance in Iowa and Northand South Dakota and Kansas, goahead and make that vote.

But what I will not do is have Mem-bers say that they had to make thisvote to deny them their crop insurancebecause the leadership did not treat usfairly. It is Members’ choice. It is theirvote. They should make it and accepttheir responsibility and accept theiraccountability for it.

If Members want a scapegoat in thematter, they are not going to find onehere. I will be very happy to go back tothe people of Texas and explain why itis that the gentleman from Texas (Mr.DICK ARMEY) was able to vote to getthem their crop insurance and otherMembers of the Texas delegation werenot able to make that vote.

Mr. HALL of Ohio. Mr. Speaker, Iyield 3 minutes to the gentleman fromTexas (Mr. STENHOLM).

Mr. STENHOLM. Mr. Speaker, thatwas a fascinating statement that mycolleague, the gentleman from Texas,just made.

The position that I am for today issupported by the State of Texas. TheState of Texas has already done thatwhich the gentleman opposes today,because they believe it to be right forthose who have been affected by thefood stamp provisions. They supportour version of this rule.

It should not surprise anyone,though, because this is the same ma-jority leader that was responsible for

CONGRESSIONAL RECORD — HOUSEH3764 May 22, 1998passing the farm bill in the Speaker’soffice and promising that we weregoing to have unlimited access toworld markets, and then will not evenbring up IMF funding or fast trackfunding.

This is another backdoor attempt bythe leadership of this House to gut ag-riculture in rural America, and letthere be no mistake about it. We willnot even have an opportunity to dis-cuss the intricacies of the research andthe crop insurance bill, because oncethis rule passes, with the mechanismsand the maneuvers that are going on inthis rule, which the chairman of theCommittee on Rules has already ac-knowledged a mistake was made lastnight and is going to attempt to cor-rect it in just a moment, there areother mistakes in this rule today thatcan be corrected by going back up andletting the House work its will on a billthat the Senate has passed 92 to 8.

Yes, there are things in this bill thatare outside the scope: crop insurance,food stamps. That is true. Why was itdone? Because we have serious fundingproblems for rural America in thebudget. The budget that I voted for hastight restraints.

We are looking for ways to help pro-duction agriculture, and we put to-gether a coalition of consumer groupsand production agriculture that said,here is some money that we can repro-gram for purposes of feeding people,providing crop insurance, and provid-ing funding for research.

This rule will destroy it. Let there beno mistake about it. If Members passthis rule, they are kidding themselves,if the Senate that voted 92 to 8, that itis going to go back and change itsmind. Because the Speaker of theHouse and the Majority Leader of theHouse have said they have a betteridea. They have already been throughthat for months. It is not going to hap-pen.

The blame for having crop insuranceproblems is going to rest on the leader-ship of the House. If Members wish tohave another political issue, and wehave so many I cannot count themnow, it is interesting, I am wonderingif the Majority Leader’s rhetoric isgoing to be the same on the ISTEA billwhen it comes up later today as it istoday. It is interesting how we arepicking and choosing. I am frustratedwith the picking and choosings thatconstantly and consistently say torural America, you do not count. Youdo not count.

So, I say to the majority leader, Iwelcome this debate with the gen-tleman back in Texas. He is deadwrong, and anyone that follows hisleadership is going to find that out.

Mr. SOLOMON. Mr. Speaker, I yieldmyself such time as I may consume.

Mr. Speaker, here we go again. It iswhat really disheartens me as a Mem-ber of this body. The gentleman fromTexas (Mr. STENHOLM) has just stoodup and said, we have so many issuesnow that we can play politics with.That is sickening.

He also went on to say that if Mem-bers vote for this, they are knockingout agriculture research and crop in-surance. I have the amendment. As amatter of fact, I think I will offer itright now.

AMENDMENT OFFERED BY MR. SOLOMON TOHOUSE RESOLUTION 446

Mr. SOLOMON. Mr. Speaker, I offeran amendment placed at the deskwhich I have discussed with the minor-ity, and I ask unanimous consent thatit be accepted.

The SPEAKER pro tempore. TheClerk will report the amendment.

The Clerk read as follows:Amendment Offered by Mr. SOLOMON to

House Resolution 446:Page 2, line 17, strike ‘‘subtitle A of title

V’’ and insert ‘‘sections 503 through 509 andby striking section 510(b)’’.

The SPEAKER pro tempore. Is thereobjection to the request of the gen-tleman from New York?

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The SPEAKER pro tempore (Mr. CAL-VERT). Is there objection to the requestof the gentleman from New York?

Mr. OBEY. Reserving the right to ob-ject, I would like to ask the gentlemana question. Let me explain why I amasking the question, to be perfectlyfair.

What I am confused about is as fol-lows: The gentleman indicated aminute ago that there were a numberof things wrong with this conferencereport. I agree with him. I have madeknown my concern about the fact thatthis conference report contains newmandatory spending. I think thatought to be discretionary.

But I also recognize that there hasbeen a compromise struck between thetraditional agricultural interests andthe nutrition program supporters andso each side has had to swallow somethings they do not like. While thechairman indicated his concern aboutthe entitlement that is created underthis bill, he, in fact, has not allowedany point of order to be lodged againstthat, as I understand it. The rule thatis brought to the House at this pointonly allows a point of order to belodged against the food stamp provi-sions and the crop insurance.

I am sorry. I am wrong on that.Let me ask the gentleman this: Is it

the intent of the Republican leadershipby what they are doing here today totake that $818 million, which is sup-posed to be used to reinstate foodstamps for the neediest immigrants inthis country, and instead move thatover in order to pay for the ISTEApackage that is coming up here latertoday? Is that the game that is goingon?

Mr. SOLOMON. Mr. Speaker, will thegentleman yield?

Mr. OBEY. I yield to the gentlemanfrom New York.

Mr. SOLOMON. Absolutely not. It isthe intention of the Committee onRules and not the Republican leader-ship that we add back in the point of

order that can be allowed against anunfunded mandate amounting to closeto $2 billion that would pay for every-thing that is in this bill, including cropinsurance, including food stamps andanything else.

If we are allowed to do that becauseof the inadvertent error that was madebetween the parliamentarians and thecrafters last night, then it means thatI, JERRY SOLOMON, would, at the appro-priate time, be able to stand and raisea point of order against the unfundedmandate that you and I are concernedabout.

If it is then voted down, let me ex-plain, if that is then voted down, wewould continue to consider the bill, atwhich time any Member, the gen-tleman from Wisconsin or the gen-tleman from Texas could then raise apoint of order against the scope of the$800 million dealing with food stamps.That would probably be sustained bythe Chair.

Then, under the rule, the Housewould automatically, the Chair wouldmove to vote on whether to send thismeasure to the Senate minus the foodstamps. That is what would occur.

Mr. OBEY. Mr. Speaker, continuingmy reservation of objection, my ques-tion remains. Is it not true that if oneof those scenarios occurs, that, in fact,that money will be on the table to beused later today for ISTEA? BESTEA?

Mr. SOLOMON. Mr. Speaker, if thegentleman will continue to yield, thiswould have nothing to do with that. Ido not know what else the gentlemanis driving at. What we are doing has noimplication on the ISTEA bill comingup. That is an entirely different mat-ter, and the monies involved havenothing to do with that. My goodfriend, as an appropriator, ought to bevery concerned with what is happeningin that ISTEA conference in what itdoes to his appropriations.

Mr. OBEY. Mr. Speaker, I have beenstanding on the floor for 3 days object-ing to that conference report.

Mrs. CLAYTON. Mr. Speaker, willthe gentleman yield?

Mr. OBEY. I yield to the gentle-woman from North Carolina.

Mrs. CLAYTON. Mr. Speaker, I wouldlike to ask the chairman of the Com-mittee on Rules if what he is proposingwould take away the vulnerability oflegal immigrants from receiving foodstamps? Does he propose to allow aprocedure that allows any individual toraise a point of order that would in es-sence deny the food stamps going tolegal immigrants?

Mr. SOLOMON. Mr. Speaker, if thegentleman will continue to yield, underregular rules of the House, if a con-ference report were to be brought tothis floor that would have a scope vio-lation, which is the food stamp issue,then any Member would automaticallybe allowed to raise a point of order,strike that out, and then it would killthe conference report.

We did not want to do that, so wemade a special provision so that if a

CONGRESSIONAL RECORD — HOUSE H3765May 22, 1998Member were to rise and raise a pointof order and it were sustained by theChair, then it would not kill, in effect,it would not kill the conference report.It would leave the bill then as anamendment standing and ready to goto the Senate without the food stampprovision in it. I have deliberatelywritten it that way because I did notwant to kill the conference report be-cause then we could not deal with it ina timely manner for the crop insuranceissue.

Mrs. CLAYTON. Would that also betrue with the crop insurance then? Thegentleman is just making this specialprovision for a point of order for foodstamps?

Mr. SOLOMON. Yes.Mrs. CLAYTON. He is not making

that point of order for the crop insur-ance?

Mr. SOLOMON. No.Mrs. CLAYTON. That is out of scope,

too.Mr. Speaker, if the gentleman will

continue to yield, I just want theHouse to understand the difference be-tween what we are doing with poor im-migrants and what we are doing—bythe way, I am for crop insurance.

Mr. SOLOMON. I know the gentle-woman is.

Mrs. CLAYTON. This bill is a well-crafted, balanced bill, and it is muchneeded in rural areas. But I cannot findthe rationale for leaving out of scopethe legal immigrants.

Mr. SOLOMON. Mr. Speaker, may Igive the rationale? It is a sincere one,because I represent an agricultural dis-trict, just as the gentlewoman does.

But there is a timeliness involvedwith the crop insurance. In otherwords, it expires at the end of Juneand, therefore, we have very few legis-lative days left to work between theHouse and the Senate.

Mr. OBEY. Mr. Speaker, reclaimingmy time under my reservation of objec-tion, I certainly want to say that in ad-dition to my suspicion about ISTEA, Ithink what is going on here is thatthere is an effort being made to onceagain set up a needless political con-frontation under which a poison pill isinserted in this agreement. That willnecessitate the White House vetoingthis bill, and then that side of the aislecan claim that it is the White Housethat has shut down the crop insuranceprogram.

That is what I believe is going on. Ithink it is incredibly outrageous.

Mr. Speaker, continuing my reserva-tion of objection, I yield to the gen-tleman from Ohio (Mr. HALL).

Mr. HALL of Ohio. Mr. Speaker, Iwant to thank the gentleman fromWisconsin (Mr. OBEY), and I just wantto be clear, what has happened here.

What happened is, last night wepassed this rule, about 11:30. Thisamendment that the chairman of theCommittee on Rules has talked aboutsaid, I want to make it perfectly clearwhat his amendment will do that hewill offer, it will take away the eligi-

bility of food stamps for legal immi-grants. It exposes whole sections, be-cause what it does with sections 501and 502, these are the provisions thatpay for crop insurance programs; thesections that the rule allows to betaken out, the sections that the ruleallows to be taken out of the bill arethe provisions which will allow legalimmigrants to receive food stamps.

This amendment takes away eligi-bility of food stamps, because what itdoes is it exposes the food stamp sec-tions to the scope. And what will hap-pen is somebody from the gentleman’sside will raise a point of order. Thepoint of order will be, will rule againstthe point of order. The section will betaken out. So effectively what he isdoing is, he is not portraying exactlywhat his amendment is doing.

This will take legal immigrants outof the bill. I want everybody to under-stand that. I have the amendmentright here. I can read it. This takeslegal immigrants on food stamps com-pletely out of the bill. Everybodyshould understand that.

Mr. SOLOMON. Mr. Speaker, will thegentleman yield?

Mr. OBEY. I yield to the gentlemanfrom New York.

Mr. SOLOMON. Mr. Speaker, I wouldask all of my colleagues to pick up theconference report and look at title V.We are doing exactly what the gen-tleman from Oregon (Mr. SMITH) andthe aggies have asked us to do. We areadding back in section 501 and 502,which is a reduction in funding of em-ployment and training programs, a re-duction in payments for administrativecosts. That is the pay-for. The gen-tleman asked me to put that back intothe bill. That is exactly what thisamendment here does.

For the gentleman from Ohio to saythat this is striking out the foodstamps is absolutely wrong. Thisamendment, and the gentleman fromWisconsin (Mr. OBEY) and the gen-tleman from Texas (Mr. STENHOLM) andanybody else will tell the gentlemanthat we are putting back in the pay-for, as we were asked to do. That is allthe amendment does.

Mr. HALL of Ohio. Mr. Speaker, ifthe gentleman will continue to yield, Iwould just like to say what it does isthat it exposes the sections on foodstamps to——

Mr. SOLOMON. Mr. Speaker, on thisamendment, I do not.

Mr. HALL of Ohio. In the rule, youdo.

Mr. OBEY. Mr. Speaker, reclaimingmy time under my reservation of objec-tion, I yield to the gentleman fromTexas (Mr. STENHOLM), distinguishedranking member of the Committee onAgriculture.

Mr. STENHOLM. Mr. Speaker, Ithank the gentleman for yielding tome.

I want to make one correction. I be-lieve the chairman of the Committeeon Rules misspoke but not inten-tionally. What the House Committee

on Agriculture, the gentleman from Or-egon (Mr. SMITH) and I, have asked youto do is to report a rule to allow theconference report, as reported unani-mously from the House and Senate,that passed by 92 to 8, to be allowed tobe voted on today. That is what weasked for, not what you stated weasked for.

Mr. OBEY. Mr. Speaker, continuingmy reservation of objection, I yield tothe gentleman from Michigan (Mr.LEVIN).

Mr. LEVIN. I just want to say some-thing to the gentleman from New York(Mr. SOLOMON) in terms of effectivedate.

Right now there are hundreds ofthousands of legal immigrants who areineligible for food stamps. What isbeing proposed is that their eligibilitybegin November 1, but there is a timesequence, a time impact for these peo-ple. They now are ineligible and, inmany cases, hungry.

This has nothing to do with welfarereform, Mr. Speaker. AFDC was re-formed. We added SSI and food stampsas additional portions. We have re-stored now most of the money for legalimmigrants in terms of SSI. This nowsuggests that we add $800 million of the$27 billion that was cut, and we arecutting food stamps by $2 billion andrestoring $800 million. There is a netcut in food stamps.

Essentially, what the gentleman’samendment would do would be to shel-ter crop insurance from any objection,but leave food stamps for one person toobject to and raise it in front of herefor a majority vote, when the Senatehas overwhelmingly said that foodstamps should be put in. You are delay-ing crop insurance and everything else.You are delaying; you are the ones whoare doing it.

When the gentleman from Texas (Mr.ARMEY) gets up here and talks aboutcrop insurance, et cetera, and talksabout other things, that is a smokescreen, if I might say so.

I want to just make it entirely clearwhat the gentleman is doing here. TheSenate has already voted.

I want to make one last point: Do notsay that the food stamp issue is a sur-prise. We debated that issue when thisbill came through here, and we weretold by some on the gentleman’s sidethat it would be raised in conference.Go back and look at the debate.

You are going to come forth here ona bill I am going to vote for on ISTEA,asking to put in numerous provisionsthat were not discussed in the Senateor the House on the floor. You aregoing to ask a waiver. But when itcomes to hungry people, you do notwant to respond. It is disgraceful.

Mr. OBEY. Mr. Speaker, continuingmy reservation of objection, I wouldsimply say that what the Solomonamendment does is simply to restorethe pay-for. It still leaves food stampsopen to being vulnerable to a singlepoint of order objection by a singleMember, and it is gone. That is why I

CONGRESSIONAL RECORD — HOUSEH3766 May 22, 1998say that this process is designed to cre-ate another needless political con-frontation.

We ought to be here trying to dealwith the problems of workers, the prob-lems of farmers, the problems of foodstamp recipients, the problems of agri-culture research. Instead, anotherneedless political argument is beingfashioned, and I think it is incrediblyunfortunate.

I yield to the gentleman from NorthDakota (Mr. POMEROY).

b 1045Mr. POMEROY. Speaking to the crop

insurance and ag research portions ofthis bill, Mr. Speaker, the one way wepass this today and ensure its enact-ment is to pass the conference report,the one adopted by the Senate by 92votes.

The Committee on Rules follows thatup. The Chairman’s amendment doesnot cure it. This body has to pass thisbill today. And for the majority not tobring the conference report, as unani-mously adopted by conference commit-tee and passed in the Senate to thisbody, is a slap in the face to ruralAmerica and every Member represent-ing rural America.

Mr. SOLOMON. Mr. Speaker, doesthe gentleman intend to object?

Mr. OBEY. Mr. Speaker, reservingthe right to object.

Mr. SOLOMON. No, Mr. Speaker, wehave to go to regular order at somepoint.

Mr. OBEY. Mr. Speaker, if the gen-tleman wants me to object, I will ob-ject.

Mr. SOLOMON. I am not asking thegentleman to. I am just saying we dohave a time limitation. The gentlemanknows that. We cannot continue underreservations beyond regular rules oforder.

Mr. OBEY. The gentleman createdthis situation. I do not think he shouldobject to people who are stuck with it.

Mr. Speaker, reserving the right toobject, I simply wanted to say that Ifind it quaint, indeed, that there areobjections being made to the fact thatthis conference report creates a smallamount of additional mandatory spend-ing for agriculture when they intend toram through this place $220 billion innew mandatory spending on the high-way bill, and we will not be able to inany way prevent that from becomingmandatory spending. I think that is ab-surd.

Mr. Speaker, I object to the gentle-man’s unanimous-consent request.

The SPEAKER pro tempore (Mr. CAL-VERT). Objection is heard.

AMENDMENT OFFERED BY MR. SOLOMON

Mr. SOLOMON. Mr. Speaker, I offeran amendment.

The Clerk read as follows:Amendment offered by Mr. Solomon:Page 2, line 17, strike ‘‘subtitle A of title

V’’ and insert ‘‘sections 503 through 509 andby striking section 510(b)’’.

The SPEAKER pro tempore. Theamendment will be considered pendingand will be voted upon.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentleman fromNorth Dakota (Mr. POMEROY).

Mr. POMEROY. Mr. Speaker, 1 yearago today, just before going out on Me-morial Day recess, we failed to pass thedisaster bill. My colleagues forced meto go back to the people of GrandForks, North Dakota, and tell themthat Congress politically was unable torespond to a situation that desperatelyneeded responding to.

Here we are again doing exactly thesame thing. We have a disaster in ruralAmerica. We have got farmers in aworld of hurt in the area I representand all over the country, and we areabout to go out on Memorial Day re-cess without having passed this vitalbill, this vital bill that makes a com-mitment for ag research, so des-perately needed in the future, and acommitment to crop insurance, whichis so desperately needed to help farm-ers stay in the business of farming.

Do we just want to come right outand end family farming? Why do we notjust have a vote to end family farming?We could just as well for the way thisbody is dealing with this situation.Have we learned absolutely nothingfrom the disastrous debacle that so dis-graced this body 1 year ago?

We need to pass this bill today. Andthe only way we do it is by passing theconference report. I urge rejection ofthe amendment.

Mr. SOLOMON. Mr. Speaker, I yield 3minutes to the very distinguished gen-tleman from Texas (Mr. BARTON).

Mr. BARTON of Texas. Mr. Speaker,I thank the gentleman for yielding metime, and I rise in support of the rule,as amended, whether we either acceptit by unanimous consent or vote to ac-cept it.

I want to take the blame for beingthe skunk in this garden party, be-cause it was me, yesterday, that said Iwould come to the floor and object tothe unanimous consent to bring theconference report up immediately. Itold that to the Republican leadership.I was prepared to do that.

So the Republican leadership yester-day afternoon was prepared to bringthe conference report, bring it to thefloor, or at least get unanimous con-sent to bring it to the floor lastevening or this morning, and I was pre-pared to object to that.

Under the normal rules of the House,any Member can stand up and object toany item in a conference report that isoutside the scope as reported by theHouse and the Senate. Under normalprocedure. Not under a special proce-dure. And I was prepared to do that.

In attempting to address the legiti-mate concerns of agricultural researchand crop insurance, we tried to craft anapproach that we could waive the nor-mal rules of the House, except on cer-tain provisions: one dealing with foodstamps, one dealing with unfundedmandates. And, in doing that, inadvert-ently, certain things were taken outthat should not have been taken out.

So the chairman of the Committee onRules is attempting to amend theoriginal rule.

All I and I think many Members onthis side of the aisle want is an up-and-down vote on these expansions. If wewin, we win. If we lose, we lose.

My good friend from Abilene, Texas,pointed out that the State of Texas hasdecided to extend some benefits to cer-tain aliens that were eliminated in theWelfare Reform Act. Texas and everyother State has the right to do thatunder existing law.

I would also point out that the wel-fare rolls are down 30 percent nation-wide, and I am not aware that thereare huge numbers of people that havesuffered as a consequence of that.There may be individuals that have,and we can address those as needed.

The gentleman from New York (Mr.WALSH) has a bill, he told me thismorning, that would reestablish someof these benefits. It should be broughtto the floor. It should be voted on onits own merits. But we should not caststones on people that want to gothrough regular order, trying to insistthat conference reports come backwithin the scope and be voted on with-in the scope.

So, again, to conclude, I am theskunk of the garden party that yester-day afternoon said I would object tothe unanimous consent request tobring the ag research bill up as it cameout of the conference, not the chair-man of the Committee on Rules, notthe majority leader, not the Speaker.So if there is a skunk in this debate, itis the gentleman from Texas (JOE BAR-TON), of the Sixth District.

Mr. HALL of Ohio. Mr. Speaker, Iyield 11⁄4 minutes to the gentlemanfrom Iowa (Mr. BOSWELL).

(Mr. BOSWELL Asked and was givenpermission to revise and extend his re-marks.)

Mr. BOSWELL. Mr. Speaker, I wouldjust state quickly, I follow how thingsgo here, and I find it very interestingat times. But I know this for a fact:That we have people trying to plantand get ready to go to field, and theyare counting on this crop insurancething to come through.

I agree with the gentleman fromNorth Dakota (Mr. POMEROY) that wehave got to pass this bill today. Wemust do it. I am convinced, as I havelistened to this discussion, that thisrule will kill the report, and we cannotafford to do that. Time is of the es-sence.

Another thing that has come to myattention. Some of my colleagues, aswell as I, served in the Vietnam con-flict. And I remember very well the ac-quaintances I had in working with theMontagnards, the Hao Laotians andothers. They fought at our side andthey were valiant, and I think perhapsbecause of some of their willingness toput their lives on the line, I can be heretoday.

Some of them have come to thiscountry, and they are legal aliens, and

CONGRESSIONAL RECORD — HOUSE H3767May 22, 1998I cannot imagine that we would notwant to provide assistance to them. Ihope that my colleagues will defeatthis rule, and we can get on with thebusiness.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentlewomanfrom Michigan (Ms. STABENOW).

Ms. STABENOW. Mr. Speaker, I risetoday as a member of the Committeeon Agriculture to indicate that this isa critical day and a critical vote forproduction agriculture and consumersacross this country.

If we do not defeat this rule, if we donot proceed to an immediate vote onsomething that passed overwhelminglyin the Senate, unanimously by con-ference committee, we will lose an op-portunity to provide food safety in ourcountry through increased food safetyresearch; to provide a crisis manage-ment team that will be able to go outwhen there is a food safety crisis andbe able to protect our consumers acrossthe country. We will lose the oppor-tunity to provide critical agriculturalresearch.

My State farmers have lost $56 mil-lion last year on wheat scab andvomitoxin. I know that in South Da-kota and Minnesota and importantother parts of the country, critical,critical dollars have been lost as a re-sult of these kinds of diseases. Withoutthis bill, we will see farmers continueto lose hundreds of millions of dollars.

A vote against the rule is a vote foragriculture.

Mr. SOLOMON. Mr. Speaker, can yougive us the time allocation on bothsides?

The SPEAKER pro tempore. The gen-tleman from New York (Mr. SOLOMON)has 91⁄2 minutes remaining, and thegentleman from Ohio (Mr. HALL) has 18minutes remaining.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentleman fromCalifornia (Mr. DOOLEY).

(Mr. DOOLEY of California asked andwas given permission to revise and ex-tend his remarks.)

Mr. DOOLEY of California. Mr.Speaker, I think everyone has to fullyunderstand what are the consequencesof this rule. To vote for this rule is tobe turning our backs on Americanfarmers, to be turning our backs on ouragricultural research institutionswhich are performing a service that isbenefitting consumers and benefitingour economy.

There is no secret about the fact thatwe have almost every major agricul-tural organization in this country ask-ing Members, Republicans and Demo-crats, to oppose this rule: the NationalCotton Council, the National Associa-tion of Wheat Growers, the AmericanFarm Bureau Federation, the NationalCattlemen’s Association, the NationalPork Producers Council.

Every major agricultural organiza-tion is saying to vote ‘‘no’’ on this rulebecause they know that it will jeopard-ize crop insurance and it will jeopard-ize ag research.

The contentions of the gentlemanfrom New York (Mr. SOLOMON) thatSenator LOTT can ensure that they canpass this bill with his amendment in itis absolutely false. Senator GRAHAM of-fered an amendment that did some-thing that was even less onerous interms of its provisions on food stamps,and it failed 77 to 23.

This bill dies if this rule goesthrough.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentlewomanfrom North Carolina (Mrs. CLAYTON).

Mrs. CLAYTON. Mr. Speaker, thisrule is, indeed, unfortunate, becauseagricultural research provided for inthe committee bill is much needed, fora variety of reasons.

I cannot conceive that we wouldthink feeding legal immigrants is anyless important than any other part. Icome from the rural areas, and I knowthere is a deadline and crop insuranceis much needed. But people needingfood is basic, too. And I just cannotconceive that we would even want to bepart of a bill that would place the vul-nerability of some 800,000 legal immi-grants at risk, and that we could notcraft a balanced approach.

In fact, the Senate and the Housecrafted a very balanced approach. If weare about rural America, if we areabout agriculture, if we are about re-search, we will vote against this rule.We can make this rule right and we canmove on and have a fine, acceptablebill for production, for research and forcrop insurance, as well as somethingfor legal immigrants.

Defeat this rule.Mr. HALL of Ohio. Mr. Speaker, I

yield 2 minutes to the gentlewomanfrom Florida (Ms. ROS-LEHTINEN).

Ms. ROS-LEHTINEN. Mr. Speaker, Ithank the gentleman for yielding methis time, and I urge my colleagues tonot ignore the importance of restoringfood stamps to U.S. legal residents.

Many in our Republican leadershipwill work to restore these benefits. Iknow that their commitment is true, itis valid, and this will work out, and Ithank them for this. But, right now, itis important to stress to our side howvital this issue is.

These are U.S. permanent residentswho came to this country legally. Theyare law-abiding, taxpaying residents ofthe United States who have sacrificedtheir health and their lives in order topromote our ideals of democracy andliberty, the ideals of this great Nation,and who aspire to dream and live theAmerican dream.

It is ironic that when the tax mancomes, there is no distinction made be-tween a U.S. citizen and a U.S. resi-dent. Both are obligated to pay theirtaxes. It is ironic that when Uncle Samcalls for military troops to go to war,no distinction is made between a U.S.citizen and a U.S. legal resident. Bothmust report to Selective Service.

The Senate has wisely voted to re-store food stamps to legal U.S. perma-nent residents who are elderly, who are

disabled. Let us help those 250,000 legalresidents.

b 1100And what of those families who have

young children and need to put food onthe table? I know that my colleaguethe gentleman from Florida (Mr. DIAZ-BALART) has helped in the Committeeon Rules to try to right this wrong.

I ask my colleagues, who is going togive 75-year-old legal residents, manyof whom live in our districts, a job sothat they can sustain themselves?They are willing to work, but their ageand their health prevents them fromdoing so.

There is a lot that we could do, Mr.Speaker. This is a generous country.We have helped those in need. We mustensure that our own, our legal resi-dents, U.S. permanent residents whocame to this great Nation in search ofthe American dream, are not desertedby the Congress.

The Senate has already sent a loudmessage on this issue. We should giveassistance to those legal residents whohave paid their dues. They are needy.They need our food stamps. It is unfairto deny this aid to them.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentlewomanfrom Indiana (Ms. CARSON).

Ms. CARSON. Mr. Speaker, I risetoday because, as a Member of thisbody, we start off on each legislativeday with a prayer; we pledge allegianceto the flag, declaring liberty and jus-tice for all people. And to borrow a pas-sage of scripture, I would simply say toall of my colleagues on both sides ofthe aisle ‘‘come and let us reason to-gether.’’

I believe that all of my colleagues inthis body certainly have a good heart.Whether it has been bypassed or put ina pump or whatever, the heart stillworks. And I would trust that we wouldamass sufficient votes to oppose therule, inasmuch as it injures 250,000legal immigrants.

The legal immigrants, as we haveheard several times today, are elderlypeople, disabled people. And those ofmy colleagues who are readers of theBible, please know that there are atleast 35 references to poor people. Hun-gry people are mentioned in the Bibleas well. And it is distressing that theseprovisions are here. I would encouragemy colleagues to defeat the rule.

Mr. Speaker, I rise today in strong opposi-tion to this rule. The bi-partisan effort achievedin the agricultural research conference reportto restore food stamp benefits to 250 thou-sand legal immigrants is to be applauded.These legal immigrants are the elderly anddisabled immigrants who were legally in theUnited States and were eligible to receive foodstamps before the Welfare Reform Act of1996, as well as the children under age 18who were in the United States at this sametime.

I would like to remind my colleagues thatthis restoration of food stamp benefits wasfully offset by lowering the cap on the amountof money the Federal Government will reim-burse the States for food stamp administrativecosts.

CONGRESSIONAL RECORD — HOUSEH3768 May 22, 1998It is distressing that these provisions were

overwhelmingly supported by the other bodyand that a House-Senate conference commit-tee approved these provisions unanimouslyand yet this rule singles out food stamps andpromises to eradicate this bipartisan com-promise.

If this rule is not defeated—the effect will bethat 250 thousand deserving children, elderlyand disabled in our Nation will be denied thefood stamp benefits they desperately need.

Mr. SOLOMON. Mr. Speaker, I yieldmyself such time as I may consume.

Let me just say to the previousspeaker that I certainly respect herviews. I am one who was raised by agrandmother. And I have read the Biblethree times and am very proud of it.

Mr. Speaker, I yield 2 minutes to myvery good friend, the gentleman fromSyracuse, New York (Mr. WALSH).

(Mr. WALSH asked and was givenpermission to revise and extend his re-marks.)

Mr. WALSH. Mr. Speaker, I thankmy good friend and colleague from NewYork (Mr. SOLOMON) for giving me theopportunity to use his time to speakagainst his rule. That is the kind of agentleman he is. And I hesitate to dis-agree with him on most occasions, buton this one I strongly disagree.

This rule is wrong. This conferencereport was carefully crafted to allowfor ag research to be brought forward,to include crop insurance which is sore-ly needed, especially at this time ofyear, planting season, and also to dealwith the issue of food stamps for legalimmigrants.

I strongly supported welfare reform.And I, like most of the rest of my col-leagues, have gone around the countryand bragged about what a success ithas been. And it has been a success.But, my colleagues, as relates to legalaliens, people over 75 years of age, peo-ple under 18 years of age, and thosewho have become disabled since theycame to this country, we need to showthat we care. We need to show that thiscountry has a big heart. We need toshow that this country is wealthyenough to help take care of them, getthem through a difficult time.

Welfare reform has worked, but thereare certain aspects of it, including foodstamps, that went too far. This was nota provision early on in welfare reform.The President has asked us to include$2.5 billion more for food stamps. Thisconference report includes about one-third of that request. It is not nearlywhat the President requested. It is acarefully crafted compromise, not un-like the ISTEA bill that we will be vot-ing on later today.

So in conclusion, my colleagues, Iwould urge a defeat of the amendment,a defeat of the rule, and ask the Com-mittee on Rules to go back, review thisrule, and give us an opportunity tovote up or down on the conference re-port so that we can help to take care ofpeople who need help and to get thisagricultural research bill passed in atimely basis.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentleman fromCalifornia (Mr. BECERRA).

Mr. BECERRA. Mr. Speaker, as mycolleagues just said, this rule breaksthat delicate compromise that wasreached that withdrew savings in foodstamp programs, allowed us to providemore monies for agricultural research,more monies for crop insurance, andmore monies to provide food for veryhungry elderly, disabled, and childrenwho are legal immigrants, legal immi-grants.

If we send this out, and I hope we donot, I hope we defeat this rule, the Sen-ate will still be able to put holds byany single member of the Senate onthis bill; the Senate will be able toamend this bill further; and even if itshould pass out of the Senate and comeback here and still pass, the Presidenthas already said he would veto this billif it did not include the three compo-nents of this compromise.

Why we would want to stall this billI do not understand, except to say thatwhat it does is, it kills entire compo-nents of the bill because there will notbe money left over at the end of theday to do all we want to do on trans-portation funding, all we want to do forSocial Security and still come back.Defeat the rule.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentlewomanfrom Florida (Mrs. MEEK) of Florida.

(Mrs. MEEK of Florida asked and wasgiven permission to revise and extendher remarks.)

Mrs. MEEK of Florida. Mr. Speaker, Ihave worked very hard since I havebeen here to try to be sure that legalimmigrants receive justice and fairnessin this Congress. Here we go again,turning around some of the good thingswe have already done.

In order to strike from the con-ference report, I am asking my col-leagues to please kill this rule so thatit will never come before this floor inthis manner again. They want to nowgo back and cut out 250,000 legal immi-grants in terms of getting aid.

In my county, Dade County, 40,000legal immigrants lost their foodstamps because of the mistakes wemade before in the 1996 welfare law.The conference report with restorethis. Why not do the right thing?

We have said many things, that theywant to describe how they came to allof these conclusions. The procedure isnot important. It is the end result thatis important. Everything that my col-leagues have done, everything that thegentleman from New York (Mr. SOLO-MON) has talked about leads to onething, the destruction of food stampsfor legal immigrants. It is very simple.

So all we need to do is to kill thisrule. It is a simple thing. It does nottake too many explanations to see thatthey have changed what the conferenceintended. Let us kill this conference re-port.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentleman fromMissouri (Mr. GEPHARDT) the minorityleader.

Mr. GEPHARDT. Mr. Speaker, I yieldto the gentleman from Texas (Mr.

STENHOLM) for the purpose of asking aquestion.

Mr. STENHOLM. Mr. Speaker, it wasstated earlier that if this rule passes inthe form in which we are discussing itand the bill is sent over to the Senate,that this agricultural research bill,with the crop insurance and the otherprovisions, would pass very soon in theSenate.

Is that a fair statement? Is that theunderstanding of the gentleman, thatthat is what the Senate would do?

Mr. GEPHARDT. Mr. Speaker, re-claiming my time, if the gentlemanwould yield, after speaking with Mem-bers in the other body just in the lastfew minutes, it is my understandingthat there are Democratic Membersprepared to take action, which theycan take under the rules of the otherbody, to stop this bill without the foodstamp legislation being in it from be-coming law today or at any time in thefuture.

Mr. STENHOLM. Mr. Speaker, if thegentleman will continue to yield, letno one be deceived. If this rule passesas it was designed, this bill is going tobe dead. It will not pass, and we aregoing to get into a ‘‘he blamed,’’ ‘‘hedid,’’ and what have you, just like wedid 21⁄2 years ago and shut down theGovernment. This is not the way for usto proceed.

I thank the gentleman for clarifyingthat.

Mr. SOLOMON. Mr. Speaker, I yieldmyself 30 seconds to say that in my 20years in this body, I have never heardof any President threatening to vetoanything because it did not contain ex-traneous matter. That to me is shock-ing.

It is also shocking to me to find outthat our good friend the gentlemanfrom Missouri (Mr. GEPHARDT) wouldspeak with Members in the other body,Democrat Members, that would killcrop insurance that has to be enactedin a timely manner by the end of June.I am shocked.

Mr. Speaker, I reserve the balance ofmy time.

Mr. HALL of Ohio. Might I inquire,Mr. Speaker, how much time is remain-ing on my side?

The SPEAKER pro tempore (Mr. CAL-VERT). The gentleman from Ohio (Mr.HALL) has 10 minutes remaining. Thegentleman from New York (Mr. SOLO-MON) has 7 minutes remaining.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentleman fromCalifornia (Mr. FARR).

(Mr. FARR of California asked andwas given permission to revise and ex-tend his remarks.)

Mr. FARR of California. Mr. Speaker,I thank the gentleman from Ohio foryielding me the time.

The conference committee report is agood report. It is a good deal. The com-promises have been made. And frankly,as a member of the Committee on Agri-culture, the reason we got to the com-promises is because the food stamp pro-gram allowed for savings. That iswhere the money comes from.

CONGRESSIONAL RECORD — HOUSE H3769May 22, 1998I want to applaud the gentleman

from Texas (Mr. SMITH) and the gen-tleman from Texas (Mr. COMBEST) forthe work they have done. We have hada great bill. We all agree on it. There isno objection to it. Unanimous supportin the Senate. And it comes over hereand now we are going to try to screw itall up with a lousy rule.

We have got to defeat the rule andsupport the conference committee re-port unamended.

Mr. SOLOMON. Mr. Speaker, I yieldmyself 30 seconds to say, the gen-tleman said this is all paid for, this isgreat. And how are we paying for it?We brave Members of Congress, webrave Members of Congress are goingto pay for it by making the State payfor it and making their local taxpayerspay for it in real property taxes. Arewe not brave?

Mr. Speaker, I reserve the balance ofmy time.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentlewomanfrom Ohio (Ms. KAPTUR).

(Ms. KAPTUR asked and was givenpermission to revise and extend her re-marks.)

Ms. KAPTUR. Mr. Speaker, yes, Irise in strong opposition to this rulebecause I really do not think it is thejob of the Committee on Rules tothwart the will of the committees ofthis House, both the Committee on Ag-riculture and the Committee on Appro-priations. Because this rule, in fact, de-stroys the delicate balance that hasbeen struck between key provisions inthis bill.

For example, as Dean Kleckner,president of the American Farm Bu-reau Federation, says, the bill is verycarefully crafted, balancing the needsof four communities: our research com-mittee, those farmers that need cropinsurance, food stamps for over 250,000legal, and I underline legal, immi-grants, and of course rural develop-ment.

One of the other reasons to vote ‘‘no’’on the rule is it actually is a budgetbuster because, in effect, the offsetsthat are included in the provisions thatare struck leave us with $1.2 billion inadditional deficit because of what hashappened in the way the rule is crafted.

So I urge my colleagues to vote ‘‘no’’.This is bad policy. It is bad procedure.And it undermines key agricultural in-terests across this nation.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentlewomanfrom Texas (Ms. JACKSON-LEE).

(Ms. JACKSON-LEE of Texas askedand was given permission to revise andextend her remarks.)

Ms. JACKSON-LEE of Texas. Mr.Speaker, I say to the gentleman fromTexas (Mr. STENHOLM), I come from theconsumer community and I want tostand with him and the farmers ofTexas.

This is a bad, bad, bad, bad result. Inmy home State of Texas, 124,000 legalimmigrants lost food stamps. Thirteenthousand of these who lost food stamps

are children. The State itself is onlyable to recoup some 15,000.

This is an effort to bash and to jux-tapose those of us who are consumers,who have supported our farmers oncrop insurance and research andmatching our efforts together with thestarving children of America. That isright, legal immigrant parents whohave citizen children. Are we here todeny them the opportunity?

This deal was already made. We knowwhere our bread is buttered. It is but-tered with cooperation and collabora-tion. The Senate knows by voting 92–8.Bust this rule, because this rule wantsto bash farmers and bash consumers.We are going to stand up for those whohave made a good rule, and the rule isto support the starving children. Howabout my colleagues?

Ms. JACKSON-LEE of Texas. Mr. Speaker,thank you for the opportunity to speak on thiscrucial issue. I strongly oppose the rule strik-ing reauthorizing food stamps for legal immi-grants in the United States.

The rule that has been recommended wouldset up a ridiculous procedure which gives Re-publican opponents two extraordinary proce-dural mechanisms to kill the bill. Under thisabsurd procedure, the House will not even beallowed to debate the bipartisan conferencereport, even though the conference report hasalready been filed and has already been ap-proved by an overwhelming bipartisan majorityin the Senate. I vote to reauthorize foodstamps for those who need them.

We must restore food stamps to our900,000 legal immigrants including farm work-ers. Food stamp recipients are refugees, theelderly, disabled Vietnam veterans and chil-dren who are facing food and nutritional defi-ciencies in larger and larger numbers.

This year, approximately 600,000 U.S. citi-zen children with immigrant parents will haveless food on their tables because of thesecuts. Since food stamp access has been cut,a widening hunger crisis has emerged that pri-vate charities and State and local govern-ments have not been able to handle.

There simply have not been enough re-sources to feed all the hungry. Catholic Char-ities USA, Second Harvest and the U.S. Con-ference of Mayors have all reported major in-creases in request for emergency food assist-ance while food pantries are going empty andare turning people away.

In my home State of Texas, 124,000 legalimmigrants lost food stamps. 13,090 of thesewho lost food stamps are children! The Stateitself is only able to cover approximately15,000 people under a State program for el-derly and disabled during this biennium.

The elimination of food stamp benefits foradults without children is calculated to createa mass of people who are desperate to takeany job, no matter how poor the wages andconditions.

It will serve to intimidate all lower paid work-ers, a valuable and crucial section of theAmerican work force.

President Clinton singled out these welfareprovisions as particularly unfair, and has sinceasked for $2 billion to restore benefits to about730,000 immigrants.

Striking this rule would deny almost a millionpeople, old and young, and those contributingas a valuable force to our nation’s economy.

I vote not to strike the rule and to reauthorizefood stamps.

b 1115Mr. HALL of Ohio. Mr. Speaker, I

yield 1 minute to the gentleman fromNorth Carolina (Mr. HEFNER).

Mr. HEFNER. Mr. Speaker, let us getright to the crux of this thing. This hasnothing to do with crop insurance. Ithas to do with politics, and it may begood politics, because you can makefood stamps for aliens seem so viciousand so ugly. I would imagine the pressreleases are already out for those thatare speaking against this, that thepress releases will go out: So and sovoted to kill crop insurance so you canget food stamps for aliens. It will notsay ‘‘legal aliens’’; it will just say‘‘aliens,’’ and it will make it sound sougly and so vicious.

This is about politics. This is notabout a conference report. The Com-mittee on Rules is the Speaker’s com-mittee. It is now, it has always been,and they do what the Speaker asksthem to do.

This is about politics. It has nothing,nothing, nothing to do with all thegood things that are in this bill. It isstrictly politics. The press releases arealready written and ready to go out.

Mr. HALL of Ohio. Mr. Speaker, Iyield 1 minute to the gentleman fromCalifornia (Mr. DOOLEY).

Mr. DOOLEY of California. Mr.Speaker, I would just like to clarifyone point in the amendment that isbeing offered by the gentleman fromNew York (Mr. SOLOMON) where he issaying he is addressing the issue of theunfunded mandate.

But what is somewhat ironic and Ithink somewhat hypocritical is that,where he is contending that this is anunfunded mandate, his amendment isactually putting that money back inthe bill. If we really are concernedabout that issue, then we should nothave the money in that bill at all.

Mr. SOLOMON. Mr. Speaker, will thegentleman yield?

Mr. DOOLEY of California. I yield tothe gentleman from New York.

Mr. SOLOMON. Mr. Speaker, I amdoing it because it was inadvertentlyleft out, and I am trying to be fair toall sides on both philosophies. The gen-tleman knows that.

Mr. DOOLEY of California. Mr.Speaker, the issue is, the gentleman iswilling to have an unfunded mandatefor some provisions and not others?

Mr. SOLOMON. That is correct.Mr. DOOLEY of California. So I

think the case is really clear, that thegentleman from New York (Mr. SOLO-MON) has made a determination that itis all right to have an unfunded man-date for some provisions but not forothers.

It is clear why we have such a broadcoalition which is opposing this bill.Every major U.S. agriculture organiza-tion is opposing it. Every group that isconcerned about food and nutrition isopposing this rule. Every Member ofthis Congress should oppose this rule.

CONGRESSIONAL RECORD — HOUSEH3770 May 22, 1998Mr. HALL of Ohio. Mr. Speaker, I

yield 1 minute to the gentlewomanfrom Connecticut (Ms. DELAURO).

Ms. DELAURO. Mr. Speaker, I rise tooppose this rule. Funding providedthrough this authorization is used byState research centers to protect andto approve the use of crops.

This rule jeopardizes some of themost important research that is donein this country. In my congressionaldistrict, scientists at the ConnecticutAgriculture Experiment Station haveused U.S. Department of Agriculturegrants to fund research on ticks thatcauses Lyme disease and yew treesthat produce taxol in order to fightbreast and ovarian cancer.

I am dismayed that some in this bodywill try to stop a carefully craftedcompromise bill. As one of my col-leagues said earlier, this is a politicalbill. It is going to stop funding that isavailable to legal immigrants in thiscountry, food and nutrition programs.

It is shameful. I urge my colleaguesto vote against this rule.

The SPEAKER pro tempore (Mr. CAL-VERT). The gentleman from New York(Mr. SOLOMON) has 61⁄2 minutes remain-ing. The gentleman from Ohio (Mr.HALL) has 4 minutes remaining.

Mr. SOLOMON. Mr. Speaker, I yield 3minutes to the gentleman from Texas(Mr. SMITH).

Mr. SMITH of Texas. Mr. Speaker, Ithank the chairman of the Committeeon Rules for yielding to me.

Mr. Speaker, I do rise in support ofthis rule. The rule allows for a point oforder to be raised on the provisions ofthe conference report that would ex-pand by $818 million government bene-fits for noncitizens. These provisionswere wholly outside the scope of eitherthe House or Senate bills that werecommitted to the conference.

The provision allowing the point oforder is, first of all, about protectingthe integrity of the process. The billthe House sent to conference did notcontain the $818 million in food stampsfor immigrants. The bill the Senatesent to the conference did not containa provision for the $818 million in foodstamps. But the conference report weare being asked to adopt today doescontain such a provision, a provisioninserted, without deliberation, by theMembers of this body.

The issue is not about immigrants. Ifthe issue were about immigrants, wewould be talking about the sponsors ofthese immigrants and the fact thatthey signed an affidavit and that theypromised to take care of these individ-uals if they were not financially able totake care of themselves.

To my knowledge, Mr. Speaker, notone time concerning the millions ofnoncitizens receiving government ben-efits today have we asked the sponsorto be responsible for that commitment,and we should not ask a single tax-payer to foot the bill until we havelooked to the sponsors first.

The issue, then, is not about immi-grants. It is about priorities. The con-

ference came up with $818 million, al-most $1 billion, that could be reallo-cated to other programs. Apparentlythey decided that they had maximizedfunding of programs for the Americanfarmer. Apparently they decided thatfood programs for women, children, andinfants, the WIC program, did not needany additional funding this year. Ap-parently, they decided that food pro-grams for impoverished elderly citizenswere sufficiently funded to meet theneeds for all the individuals at risk.

I say ‘‘apparently’’ because neithermy constituents nor those of the vastmajority of the Members of the Housewere granted the opportunity guaran-teed under the rules of the House to beheard on these priorities.

Today, the issue is one of concern tomy constituents, but tomorrow theissue may well be of concern to theconstituents of other individuals whenthey see a conference report add addi-tional programs. The rule before thisbody preserves the integrity of thoserules and the process, the opportunityfor all Americans to be heard on mat-ters of public policy.

Mr. Speaker, under this rule, thefarm provisions will be able to moveforward, and we will also preserve theintegrity of the system, and I urge mycolleagues to support it.

Mr. HALL of Ohio. Mr. Speaker, Iyield 3 minutes to the very distin-guished gentleman from Texas (Mr.STENHOLM), the ranking minoritymember on the Committee on Agri-culture.

Mr. STENHOLM. Mr. Speaker, Ithank the gentleman for yielding tome, and I want to use this time to fullyexplain the issue that we are talkingabout.

Mr. Speaker, if this rule passes, thecrop insurance program is going to bethrown into turmoil, because it cannotand will not pass in the form in whichthe House leadership has suggestedthat it should pass. It will not.

So let it be clear, if the rule shouldpass, the blame lies with the House ofRepresentatives on what happens after-ward.

And that is not just CHARLIE STEN-HOLM speaking. I have a list of 76 orga-nizations that have come to the sameconclusion, and I will read just a few:the National Association of State Uni-versities and Land Grant Colleges, theNational Cotton Council, the AmericanSheep Industry, Southwest PeanutGrowers, National Farmers Union,American Farm Bureau Association,National Cattlemen’s Beef Association,American Bankers Association, Inde-pendent Bankers Association, CatholicCharities U.S.A., Council of JewishFederation, Lutheran Social Servicesin America, and I can go on and on.

We are playing politics with the life-blood of individual citizens of thiscountry, farmers and ranchers, andalso those who depend upon the produc-tion of those farmers and ranchers.

This is a philosophical battle that wehave been going through now for sev-

eral years. This is a perfect way todemonstrate who feels how. I respectthose who feel so strongly that theywould take this issue that has alreadybeen rejected 92 to 8 and force the issueagain and try to place the blame onsomebody else. I respect them tryingthat, but I sure do not understand whythey would choose that political mo-tive to go.

Mr. Speaker, I rise in strong opposi-tion to this rule. It is unprecedented.The parliamentarians of the House can-not think or find another method ofthis type on a conference report thathas ever been tried. That ought to tellus something.

The fact that the chairman of theCommittee on Rules, he and I go backa long way, and I have a lot of respectfor him, but the fact that he wouldcome on the floor and speak againstsomething and then offer the amend-ment should tell the Members of thisbody something.

Mr. SOLOMON. Mr. Speaker, will thegentleman yield?

Mr. STENHOLM. I am happy to yieldto the gentleman from New York.

Mr. SOLOMON. Mr. Speaker, I thinkit shows that the chairman of the Com-mittee on Rules is the fairest Commit-tee on Rules chairman you have everhad around here.

Mr. STENHOLM. Sometimes that isright.

Mr. SOLOMON. He has the biggestheart.

Mr. STENHOLM. Sometimes that isright, and sometimes that is wrong,but I appreciate the sense of humor inwhich the gentleman yields. But thecolleagues should be looking at thisright now and understand that we areplaying games, and this is serious. Thisis serious.

The reason, and I wanted to closewith this, this bill, and it is a good bill,is paid for; to the extent changes arebeing made in this, these costs arefully offset by reductions in food stampspending and in crop insurance pro-grams.

In fact, this bill, if it passes, will cre-ate a surplus of $101 million over thelife of the bill. So I ask my colleagues,please reject this rule, and let us sendthe Committee on Rules back to dothat work.

Mr. HALL of Ohio. Mr. Speaker, Iyield myself such time as I may con-sume.

Mr. Speaker, I will be very brief. Thisis probably the worst rule, certainlythe most cruel and harsh rule that Ican remember being part of since Ihave been on the Committee on Rules.It is anti-poor, it is anti-hunger, it isanti-legal immigrant, it is anti to themost vulnerable of our society. Almostany group in this country that I re-spect, that most Members in this roomrespect, are against what the Commit-tee on Rules is trying to do today.

I urge a very strong ‘‘no’’ vote onthis rule and hope that it is defeated ina very bipartisan way. Please vote noon this rule.

CONGRESSIONAL RECORD — HOUSE H3771May 22, 1998Mr. Speaker, I yield back the balance

of my time.Mr. SOLOMON. Mr. Speaker, I yield

myself the balance of the time.Mr. Speaker, the gentleman wants to

know why I am going to offer anamendment to put back an unfundedmandate that I just adamantly oppose,and the reason is fairness. It was inad-vertently taken out in the Committeeon Rules because of an understandingwith the parliamentarians, and we aregoing to put it back in.

Mr. Speaker, I yield briefly to thegentleman from Oregon (Mr. SMITH),the chairman of the Committee on Ag-riculture, for a short colloquy.

Mr. SMITH of Oregon. Mr. Speaker, Ithank the gentleman, and I would liketo enter into a colloquy with the chair-man regarding procedure.

It is my understanding that the issuebefore the body is an amendment tothe rule which would reinstate the off-sets for both crop insurance and for re-search.

Mr. SOLOMON. The gentleman is ab-solutely correct. It would reinstate thepay-fors for both crop insurance, foragriculture research and for foodstamps, 100 percent.

Mr. SMITH of Oregon. One furtherpoint, Mr. Speaker: There will be twovotes, one on the amendment of therule and one on the rule which is beingdebated and has been debated here allmorning long. So we have two issueshere before us?

Mr. SOLOMON. That is correct.Mr. SMITH of Oregon. I thank the

gentleman.Mr. SOLOMON. The gentleman is

right.Mr. Speaker, let me just say this,

this unfunded mandate is going to add$3.6 billion over the next several yearsthat is going to have to be paid for byour States and by our local govern-ments. We all know that local govern-ments pay for this expense out of realestate taxes.

In the Hudson Valley that I rep-resent, we have people that live on in-comes of $4,000 and $5,000 a year, peopleon fixed incomes. Their taxes on theirproperty to try to maintain and live inthat home that they have lived in alltheir lives is sometimes $2,000. You aregoing to add another $500 to the cost ofthose people living on that? That justis not right. That is why I oppose theunfunded mandate.

Let me tell my colleagues the otherreasons. On the food stamps itself, I donot like to stand up here and say we donot want to give food stamps to needypeople. But I am going to tell my col-leagues something, two points. I wasborn on August 14th, 1930, right in themiddle of the Depression. My dadwalked out on me and my mom, and wenever saw him again. That was in 1930.It was hard to stay alive. But do youknow who helped us? Our relatives. Doyou know who those relatives were?They came over from Scotland. But webrought over the young ones first sothey can come over here and begin to

make a living so that they could be re-sponsible for the older Scottish rel-atives of ours. They came over, andthen we took care of them.

b 1130

When you are talking about theselegal aliens in this country, somebodysigned for them when they came overhere. Somebody is responsible forthem. But we say no, willy-nilly, theydo not have to take care of them; thetaxpayer will take care of them. Thatmeans that those of us who worked allour lives and were responsible, thathave taken care of our own relatives,we have to pay for those that did not.That is what this argument is allabout. You ought to think about thatwhen you are voting on this entireissue today.

Mr. POSHARD. Mr. Speaker, I rise today inopposition to the rule for consideration of theconference report on S. 1150, which permits apoint of order to be raised against a criticalprovision of the bill. As filed, the conferencereport will allow the restoration of food stampbenefits to about 250,000 legal immigrantswho lost their eligibility as a result of the 1996welfare reform bill. Sadly, although the cost ofthis provision is more than offset, some of mycolleagues are attempting to strike it from thebill, jeopardizing the health and well-being ofthousands of needy families.

This is an excellent, carefully crafted bill,and it is unfortunate that its quick passage isbeing threatened by those who do not believethat food stamps should be restored to someof the most vulnerable children, elderly anddisabled persons in our society. The con-ference report is supported by a strong coali-tion of groups representing farmers, ranchers,crop insurers, researchers, immigrants and re-ligious and community activists. It providesnew funding, sets forth important reforms toour crop insurance and agriculture researchprograms, and helps provide the tools to en-sure that the United States will remain at theforefront of agricultural productivity and com-petitiveness into the 21st century. I know howimportant this bill is to the agriculture commu-nity in my congressional district and through-out rural America, and I am dismayed that cer-tain members of this body would stand in itsway in order to indulge in an unnecessary andmean-spirited, partisan confrontation.

I urge my colleagues to preserve the deli-cate balance represented by this conferencereport. If passed as written, it will meet the ur-gent needs of the crop insurance industry,America’s agricultural research institutions,rural communities seeking development assist-ance, and the most vulnerable legal immi-grants. A vote for this rule will send a clearmessage to rural Americans and to needy im-migrants that their needs are of secondary im-portance to partisan politics. That would be atragedy, and it can be avoided by casting a novote.

Mr. VENTO. Mr. Speaker, today I rise in op-position to the Rule on S. 1150 which wouldjeopardize food stamp restoration, crop insur-ance and agriculture research and rural devel-opment.

In April 1998, the Agriculture ConferenceCommittee agreed to allocate $816 million(over 5 years) of the funding for the Agricul-tural Research, Extension and Education Re-

form Act of 1997. Under the agreement, foodstamp benefits would be restored to the elder-ly and disabled immigrants who were legally inthe United States and eligible to receive foodstamps before the welfare law was signed inAugust 1996. It would also restore benefits tochildren under the age of 18 who were in thecountry at the time and to certain Hmong refu-gees. The funding is expected to affect thebenefits of about 250,000 legal immigrants in1999.

Last night, the Rules Committee reportedthis rule to eliminate the food stamp provisionsof the conference report. By eliminating thebill’s funding and its restoration of food stampsto legal immigrants would create numerousproblems. Striking the food stamp provisionwould jeopardize the entire bill and kill all theprovisions in the bill including agriculture re-search, crop insurance and rural development.Also, eliminating this provision would strip thebill’s programs of their funding and wouldleave $1.2 billion in spending in the con-ference report.

I strongly support the restoration of benefitsto legal immigrants. The budget agreementand this proposal would restore fairness backinto the treatment of legal immigrants andmakes the Federal Government responsiblefor its commitment to support communitiesthat have become the home for a significantnumber of noncitizens. Many of these resi-dents are taxpayers who deserve to be pro-tected by the same safety net as others enjoy.

I oppose this rule which would not onlyjeopardize food stamps for legal immigrants,but crop insurance and funding agriculture re-search as well.

The savings in this measure nearly $2 bil-lion is derived from state administrative costsfor the management of the food stamp pro-gram, the implication that this measure is notthe right vehicle for restoration of food stampsfor legal immigrants is ironic in that othermeasures are added without any relationshipto the food stamp program however desirablethey may be. Certainly food stamp restorationis appropriate and needed—vote against thisunfair rule.

Mr. BISHOP, Mr. Speaker, I rise in strongopposition to this rule.

The carefully crafted compromise reachedbetween research, crop insurance and nutri-tion groups would have used food stamp ad-ministrative savings to fund the dire needs ofeach of these groups, all of which I represent.

The shame is that if this rule passes, andthe House proceeds to destroy the balancethat has been reached, the Senate will not ac-cept these changes, as evidenced by its pass-ing of the Conference by 92–8.

As pointed out by my good friends fromCalifornia, Mr. DOOLEY, and from Texas, Mr.STENHOLM, all the major commodity groupslike the National Cotton Council, the NationalWheat Growers Association, and the AmericanFarm Bureau Federation recognize the impor-tance of the delicate balance that wasreached, and oppose the chicanery which oc-curred last night in the Rules Committee.

To do through a rule what could not bedone in the conference report, is just plainwrong.

Moreover, Food Stamp administrative fund-ing that was used in S. 1150 was a windfallto the states—it was funding they were nevercounting on getting.

Although the Unfunded Mandates Act tech-nically applies to this provision, it was never

CONGRESSIONAL RECORD — HOUSEH3772 May 22, 1998intended to allow the states to have free ac-cess to the federal Treasury, and those whoserved in state legislatures, as I did in Geor-gia, know what a true unfunded mandate is.This is not an unfunded mandate.

Even with the cost allocation provisions inS. 1150, CBO projects that states will receivemore federal funding for Food Stamp adminis-trative costs than they would have receivedprior to Welfare Reform.

The Agriculture Committee has worked in abipartisan fashion to redirect its priorities—using Food Stamp money to pay for pressingneeds in agriculture like research and crop in-surance.

If the bill is killed, vital funds will be lost foragricultural research on pressing livestock andfood safety issues. This rule kills the bill, andI therefore urge the House to defeat the rule.

Mr. QUINN. Mr. Speaker, I would like totake this opportunity to express my oppositionto the Rule to S. 1150, the Agricultural Re-search, Extension, and Education Reauthor-ization Conference Report. Due to family rea-sons, I was unavoidably detained and there-fore unable to cast my vote against this Rule.

I supported the base text of S. 1150 whichrepresents a delicate bipartisan compromiseby restoring food stamps funding to legal im-migrants, and promoting agricultural research,crop insurance, and rural development. Therule would strike out the food stamp provi-sions, effectively killing crop insurance and ag-ricultural research as well as food stamps.

Legal immigrants cut off of food stamps areamong the poorest and most vulnerable. Over900,000 legal immigrants, including 150,000children, have lost food stamp benefits. An-other 600,000 citizen children live in house-holds where immigrant adults have lost bene-fits, thereby reducing the amount of food avail-able to the entire household.

The restorations with regard to food stampsin S. 1150 target the most vulnerable immi-grants: elderly and disabled persons; children;refugees who often come to this country withnothing but the clothes on their backs; andHmong veterans, who fought courageouslyalongside U.S. military forces in Vietnam.

Private charities are overwhelmed trying tomeet increased need for food across thecountry. The U.S. Conference of Mayors’ re-cent survey found that 75 percent of cities re-port increased requests from legal immigrantsfor food assistance. Food banks cite increasesof 40 to 70 percent in requests for emergencyfood assistance. Catholic Charities, the na-tion’s largest private human service organiza-tion, reports significant increases in requestsfor emergency food assistance, severe foodshortages in their food banks and pantries,and an inability to meet all food need.

Mr. DAVIS of Illinois. Mr. Speaker, I rise insupport of the Agriculture Research Bill andagainst the rule. We need to maintain foodstamp provisions in the bill.

I rise in support of the Agriculture researchbill because it restores benefits for some ofthe nation’s most vulnerable populations—low-income legal immigrants—many of whom areelderly, children or disabled.

Legal permanent residents are hard workingpeople who earn their money in the U.S., theypay taxes in the U.S. and contribute to theU.S. economy by buying products in the U.S.Like U.S. citizens, legal permanent residentsare stakeholders in America who care aboutthe status of our country and should be af-forded equal rights in this country.

Given the important contributions that immi-grants make to our nation, it is only fair to ac-cord them help when they fall into need. Legalimmigrants have to contribute greatly to thiscountry, pay taxes and even register for thedraft.

Mr. SOLOMON. Mr. Speaker, I yieldback the balance of my time, and Imove the previous question on theamendment and the resolution.

The previous question was ordered.The SPEAKER pro tempore (Mr. CAL-

VERT). The question is on the amend-ment offered by the gentleman fromNew York (Mr. SOLOMON).

The amendment was agreed to.The SPEAKER pro tempore. The

question is on the resolution, asamended.

The question was taken; and theSpeaker pro tempore announced thatthe ayes appeared to have it.

Mr. HALL of Ohio. Mr. Speaker, I ob-ject to the vote on the ground that aquorum is not present and make thepoint of order that a quorum is notpresent.

The SPEAKER pro tempore. Evi-dently a quorum is not present.

The Sergeant at Arms will notify ab-sent Members.

PARLIAMENTARY INQUIRY

Mr. SMITH of Oregon. Mr. Speaker, Ihave a parliamentary inquiry.

The SPEAKER pro tempore. The gen-tleman will state it.

Mr. SMITH of Oregon. Mr. Speaker, Iunderstand this is a vote on the rule, asamended, is that correct?

The SPEAKER pro tempore. The gen-tleman from Oregon is correct.

The vote was taken by electronic de-vice, and there were—yeas 120, nays289, answered ‘‘present’’ 1, not voting23, as follows:

[Roll No. 188]

YEAS—120

ArcherArmeyBallengerBarrBartlettBartonBassBilirakisBlileyBluntBoehnerBonoBrady (TX)BurrBuyerCampCanadyCannonChabotCobleCoburnCollinsCoxCraneCubinCunninghamDealDeLayDoolittleDreierDuncanDunnEhrlichEmersonEnglishEnsignFawellFowler

FrelinghuysenGalleglyGekasGibbonsGoodeGoodlatteGoodlingGossGrahamGreenwoodHastertHastings (WA)HefleyHergerHillearyHobsonHoekstraHostettlerHoughtonHulshofHunterInglisIstookJenkinsJonesKingstonKlugKnollenbergKolbeLargentLewis (KY)LinderManzulloMcCollumMcCreryMcInnisMcIntoshMcKeon

MetcalfMicaMiller (FL)MyrickNeumannNorwoodPackardPaulPaxonPetriPickeringPittsPomboPortmanRadanovichRogersRohrabacherRoukemaRoyceSalmonSanfordSaxtonScarboroughSchaefer, DanSchaffer, BobSensenbrennerSessionsShadeggShawShusterSmith (TX)SnowbargerSolomonSpenceStearnsSununuTauzinThomas

TiahrtTraficant

WampWhite

WhitfieldYoung (FL)

NAYS—289

AbercrombieAckermanAderholtAllenAndrewsBachusBaeslerBakerBaldacciBarciaBarrett (NE)Barrett (WI)BecerraBentsenBereuterBermanBerryBilbrayBishopBlagojevichBlumenauerBoehlertBonillaBoniorBorskiBoswellBoucherBoydBrady (PA)Brown (CA)Brown (FL)Brown (OH)BryantBunningBurtonCallahanCalvertCampbellCappsCardinCarsonCastleChamblissChenowethChristensenClayClaytonClementClyburnCombestConditCookCookseyCostelloCoyneCramerCrapoCummingsDannerDavis (FL)Davis (IL)Davis (VA)DeGetteDelahuntDeLauroDiaz-BalartDickeyDicksDingellDixonDoggettDooleyDoyleEdwardsEhlersEngelEshooEtheridgeEvansEverettEwingFarrFattahFazioFilnerForbesFordFossellaFoxFrank (MA)Franks (NJ)FrostGanskeGejdensonGephardt

GilchrestGillmorGilmanGordonGrangerGutierrezGutknechtHall (OH)Hall (TX)HamiltonHansenHastings (FL)HayworthHefnerHillHilliardHincheyHinojosaHoldenHooleyHornHoyerHutchinsonHydeJackson (IL)Jackson-Lee

(TX)JeffersonJohnJohnson (CT)Johnson (WI)Johnson, E. B.KanjorskiKapturKasichKellyKennedy (MA)Kennedy (RI)KennellyKildeeKilpatrickKimKind (WI)KleczkaKlinkKucinichLaFalceLaHoodLampsonLantosLathamLaTouretteLazioLeachLeeLevinLewis (CA)Lewis (GA)LipinskiLivingstonLoBiondoLofgrenLoweyLucasLutherMaloney (CT)Maloney (NY)MantonMarkeyMartinezMascaraMatsuiMcCarthy (MO)McCarthy (NY)McDadeMcDermottMcGovernMcHaleMcHughMcIntyreMcKinneyMcNultyMeehanMeek (FL)MenendezMillender-

McDonaldMingeMinkMoakleyMollohanMoran (KS)Moran (VA)MorellaMurtha

NadlerNealNethercuttNeyNorthupNussleOberstarObeyOlverOrtizOwensOxleyPallonePappasPascrellPastorPaynePeasePelosiPeterson (MN)Peterson (PA)PickettPomeroyPorterPoshardPrice (NC)Pryce (OH)RahallRamstadRangelRedmondRegulaRileyRiversRodriguezRoemerRoganRos-LehtinenRothmanRoybal-AllardRushRyunSaboSanchezSandersSandlinSawyerSchumerScottSerranoShaysShermanShimkusSisiskySkeenSkeltonSlaughterSmith (MI)Smith (NJ)Smith, AdamSmith, LindaSnyderSouderSprattStabenowStenholmStokesStricklandStumpStupakTalentTannerTauscherTaylor (MS)ThompsonThornberryThuneThurmanTierneyTurnerUptonVelazquezVentoViscloskyWalshWatersWatkinsWatt (NC)Watts (OK)WaxmanWeldon (FL)Weldon (PA)WellerWexlerWeygand

CONGRESSIONAL RECORD — HOUSE H3773May 22, 1998WiseWolf

WoolseyWynn

YatesYoung (AK)

ANSWERED ‘‘PRESENT’’—1

Smith (OR)

NOT VOTING—23

BatemanConyersDeFazioDeutschFoleyFurseGonzalezGreen

HarmanJohnson, SamKing (NY)Meeks (NY)Miller (CA)ParkerQuinnReyes

RiggsSkaggsStarkTaylor (NC)TorresTownsWicker

b 1154

Messrs. HYDE, BUNNING, STUMP,BACHUS, WELDON of Florida, RYUNand BEREUTER, and Mrs. LINDASMITH of Washington changed theirvote from ‘‘yea’’ to ‘‘nay.’’

Messrs. METCALF, PITTS, ENSIGNand MCCOLLUM, and Mrs. BONO andMrs. FOWLER changed their vote from‘‘nay’’ to ‘‘yea.’’

So the resolution was not agreed to.The result of the vote was announced

as above recorded.A motion to reconsider was laid on

the table.

b 1200

(Mrs. ROUKEMA asked and wasgiven permission to speak out of orderfor 2 minutes.)

f

FAREWELL AND APPRECIATION TOMARY E. ‘‘MEG’’ GOETZ, LONG-TIME VALUED EMPLOYEE OFHOUSE OF REPRESENTATIVES

Mrs. ROUKEMA. Mr. Speaker, I wantour colleagues to know that this is avery special moment for the House ofRepresentatives. I rise to recognize thededicated service, a long time of serv-ice, I might add, of our Reading Clerk,Mary E. Goetz, known to all of us asMeg.

Meg formerly was a constituent ofmine in Glen Rock, New Jersey, but Ireally got to know her here on thefloor of the House for her wonderful,dedicated work. Meg, as she is known,is retiring from the House after a fewyears of service. We will talk aboutthat later, because I think she reallylooks much too young to have servedhere for that long.

But I would like to say that there aretwo Meg Goetzes that this Houseknows. The first is the Meg Goetz whois the serious, responsible, dedicatedprofessional who keeps the work of theHouse going on time and in order. In-deed, in that capacity, she has becomeliterally a folk hero to millions andmillions of C-Span viewers. I hear thatfrequently about Meg.

The second Meg Goetz is the Megthat we know off camera, that herfriends and her colleagues and theother professionals and staff know offcamera. That Meg Goetz is bright andaffable and, yes, dedicated, but has awonderful sense of humor. I do notknow that we will be able to enjoy thattoday, but there are others here whocan repeat some of those stories aboutMeg’s sense of humor.

I would like to tell you that I wasreally stunned yesterday when Ilearned, because it was only yesterdaythat I learned of her decision to retirefrom this position. I think, like me andprobably all of the Members, wethought she was far too young to con-sider any such retirement. I have tosay, as incredible as it may seem, be-cause I know it is incredible to me,Meg Goetz has served 20 years in thisChamber.

I guess she has decided that theremust be a life outside of this Chamber.I cannot imagine how she could havedecided that. After all, 20 years of dailycontact with us, Members of the House,Members of Congress, and all those allnight sessions, I cannot imagine whyshe is looking for another life. But I dothink, Meg, you deserve a break. Butthat is not what is happening here. Youknow you will be missed, and C-Spanviewers will be missing their hero,their folk hero. Members of this Housewill desperately miss, along with herco-workers, her dedication, profes-sionalism, and her wit.

I have to say that I know she is goingon to other very worthwhile endeavors,and we are proud of her for all she hasdone and all she will do. Meg, I have toput in the name of Glen Rock, New Jer-sey, our common constituency. GlenRock is proud of you. As we say in NewJersey, we are all perfect together.Meg, you are perfect together, and wehope to see you back here soon. Thankyou so much for all you have done.

Mr. HOYER. Mr. Speaker, will thegentlewoman yield?

Mrs. ROUKEMA. I yield to the gen-tleman from Maryland.

Mr. HOYER. Mr. Speaker, I think thegentlewoman consumed about 10 sec-onds on her presentation, and I will tryto be equally brief.

Mr. Speaker, I am very proud andpleased to rise to join my colleague,the gentlewoman from New Jersey, andam rightfully proud of the heritage ofMeg Goetz. The viewers on C-Span seethe debate, sometimes acrimonious andconfrontational, sometimes lacking incivility. Most times they do not see thestaff who make it possible to have de-bates and to keep this institutiongoing.

Too few of us perhaps take the timeto realize the contributions that aremade by, for the public, probablynameless, and certainly for Meg notfaceless, but for some faceless employ-ees, who, day-to-day, week-to-week,month-to-month, year-to-year, throughtheir dedication and commitmentmake it possible for us to function ef-fectively as the people’s House.

Some have been here for many yearsmore than most Members. Meg Goetz isone of those people. She has been herenow for over two decades, and as thegentlewoman from New Jersey hassaid, she has brought to her job a greatability, but as well, a great demeanor.Her character and commitment to thisdemocratic institution have added toits stature, and never, ever detracted

from it. Few of us that serve in thisbody can say that we always did thesame.

I want to rise, not on behalf of theDemocrats or on behalf of the Demo-cratic leadership, but on behalf, Meg,of all who have served in this body dur-ing your tenure. As I am sure my col-league, the gentlewoman from NewYork (Ms. SLAUGHTER), will observe,and I do not want to steal her thunder,but I think it is so appropriate to rec-ognize, Mr. Speaker, that Meg Goetz isthe first woman who has served as aReading Clerk of this House, appointedby Tip O’Neill.

In doing so, she had, I am sure, a spe-cial cognizance of her responsibility toher gender in that capacity. Everywoman in America can be proud oftheir representative, their first rep-resentative as our Reading Clerk.

Meg, I know that I speak for all whohave served in this body during yourtenure, who have enjoyed not only thecompetency with which you performedyour task of informing the House fromtime to time what the business beforethe House was, of informing us of theamendments, of the messages from theSenate or from the President; yes, youhave performed your duties in a veryprofessional way, but in a very per-sonal way for each of us you have beenour friend, our adviser and counselorfrom time to time when you knewmuch more about what was going onthan we did. And we would ask, Meg,what are we doing? And you alwaysknew.

It is, Meg, sad that you are leaving,but as the gentlewoman from New Jer-sey has observed, you leave very youngwith much ahead of you, and I knowthat you will carry with you the expe-riences in this House to whatever en-deavors you now pursue, and that youwill be enriched by those experiences,as you have enriched this institution,this people’s House, this center of de-mocracy, not just for America but forthe world. It is, Meg, because of peoplelike yourself that this body has func-tioned so well. Notwithstanding itsweaknesses, its foibles, its personalfailures from time to time, it is peoplelike yourself who have given itstrength, given it judgment, given itbalance.

So I am pleased, Meg, to rise with allthose with whom you have served tothank you, to thank you for your dedi-cation, and for your service, and foryour friendship, and to wish you thevery best in everything that you do inthe years to come. Godspeed.

Mr. Speaker, I rise today to pay a specialtribute to someone who has been part of thisinstitution longer than myself and many of mycolleagues.

Although she is not a Member of Congress,her face and name is known to everyone inthis chamber, (and to those thousands ofadoring fans on C-SPAN).

Mary E. ‘‘Meg’’ Goetz, the House ReadingClerk, is leaving us after 20 years of serviceto the House of Representatives.

CONGRESSIONAL RECORD — HOUSEH3774 May 22, 1998Meg is a 1978 political science/economics

graduate from Chestnut Hill College in Phila-delphia, PA.

She began her career with the UnitedStates House of Representatives in 1978 as alegislative information specialist.

In 1981 she became the Assistant JournalClerk, helping to compile and publish this im-portant publication.

In 1983 she became the House ReadingClerk.

Often seen and often heard, Meg is an ac-tive part of the backbone which helps makethe institution of Congress function.

From her perch on the dias, she has had aringside seat on the history of America.

I know that my colleagues join me in wish-ing Meg the best of luck in her future endeav-ors.

Ms. SLAUGHTER. Mr. Speaker, willthe gentlewoman yield?

Mrs. ROUKEMA. I yield to the gen-tlewoman from New York.

Ms. SLAUGHTER. Mr. Speaker, Ithank the gentlewoman for yielding. Ifeel, as I am sure everyone else in theHouse felt, that I had a very special re-lationship with Meg. When I first camehere 12 years ago, I learned that one ofthe things that freshmen do is have thegreat honor of presiding over SpecialOrders. I took to that, it was a wonder-ful thing for me to be doing, and madeso much easier because of Meg.

I always relished being able to do itearly in the week, because Meg Goetzand Paul Hayes and I share a specialpassion that we have never discussedwith anybody on the floor of the House.That is that we are totally devoted tothe Sunday New York Times crosswordpuzzle. So even though the issue of thespecial order was sometimes grim,sometimes not, we always had a fall-back position where we could say, ‘‘Didyou get 22 across?″

Meg has been, as everyone said beforeme, a pillar of strength in this House,and the millions of people in this coun-try who understand how this democ-racy works and the way she has alwaysconducted herself, with extraordinarydecorum and with extraordinarily goodjudgment, know that a lot of goodthings about this House are because ofthe dedication and work that MegGoetz brought to it.

I envy the people that Meg is goingto leave us to work for. They are get-ting a woman of great character andprofessionalism and ability, and I lookforward to working with her in her newcapacity.

But I do want her to know that com-ing here as a freshman, as everyoneelse can say, I am sure, as equally wellas I, to have the friendship of MegGoetz to help us over the intricaciesand the tough problems, never, neverlosing patience, always explaining overand over again, if need be, but alwaysthere to help us to do the right thing,she was bringing, obviously, to her jobthe professionalism that she felt, work-ing for the House of Representatives,the United States Congress deserved.

Meg, we shall miss you, and thankyou for all of your friendship to me,

and thank you on behalf of all of theothers here, because I know how muchyou have meant to each and every oneof us. God bless.

Mrs. MORELLA. Mr. Speaker, willthe gentlewoman yield?

Mrs. ROUKEMA. I yield to the gen-tlewoman from Maryland.

Mrs. MORELLA. Mr. Speaker, I justwanted to add my thanks, also, and ap-preciation for all that Meg has done forall of us. She has been a real pillar ofperseverance, of patience, when she hasbeen there to witness our deliberations.She has been a rock of stability, andyet always in her quiet, very profes-sional way, has been there to help us inany way that we needed.

So I have always looked to Meg, asother colleagues have, as all my col-leagues have, as somebody who is partof the institution and who has made itso very great.

My best wishes to you as you go for-ward and have a great adventure; andas Shakespeare would say, those abouther from her shall learn the perfectways of honor. Thank you, cheerio, andcome back and see us.

Mrs. ROUKEMA. Meg, May I con-clude by saying, God bless and God-speed.

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PROVIDING FOR A CONDITIONALADJOURNMENT OR RECESS OFTHE SENATE AND THE HOUSEOF REPRESENTATIVESThe SPEAKER pro tempore (Mr. CAL-

VERT). The Chair lays before the Housea privileged Senate concurrent resolu-tion (S. Con. Res. 98) providing for aconditional adjournment or recess ofthe Senate and the House of Represent-atives.

The Clerk read the Senate concur-rent resolution, as follows:

S. CON. RES. 98Resolved by the Senate (the House of Rep-

resentatives concurring), that when the Senaterecesses or adjourns at the close of businesson Thursday, May 21, 1998, Friday, May 22,1998 Saturday May 23, 1998, or Sunday May24, 1998, pursuant to motion made by the Ma-jority Lender or his designee in accordancewith this concurrent resolution, it stand re-cessed or adjourned until noon on ‘‘Monday,June 1, 1998, or until such time on that dayas may be specified by the Majority Leaderor his designee in the motion to recess or ad-journ, or until noon on the second day afterMembers are notified to reassemble pursuantto section 2 of this concurrent resolution,whichever occurs first, and that when theHouse adjourns on the legislative day of Fri-day, May 22, 1998, or Saturday May 23, 1998pursuant to a motion made by the MajorityLeader or this designee in accordance withhis concurrent resolution, it stand adjourneduntil 2:00 p.m. on Wednesday, June 3, 1998, oruntil noon on the second day after Membersare notified to reassemble pursuant to sec-tions of this concurrent resolution, which-ever occurs first.

SEC 2. The Majority Leader of the Senateand the Speaker of the House, acting jointlyafter consultation with the Minority Leaderof the Senate and the Minority Leader of theHouse, shall notify the Members of the Sen-ate and House, respectively, to reassemblewhenever, in their opinion, the pubic inter-est shall warrant it.

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The SPEAKER pro tempore (Mr. CAL-VERT). Without objection, the Senateconcurrent resolution is concurred in.

There was no objection.A motion to reconsider was laid on

the table.

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BIPARTISAN CAMPAIGNINTEGRITY ACT OF 1997

The SPEAKER pro tempore. Pursu-ant to House Resolution 442 and ruleXXIII, the Chair declares the House inthe Committee of the Whole House onthe State of the Union for the consider-ation of the bill, H.R. 2183.

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IN THE COMMITTEE OF THE WHOLE

Accordingly, the House resolveditself into the Committee of the Wholeon the State of the Union for the con-sideration of the bill (H.R. 2183) toamend the Federal Election CampaignAct of 1971 to reform the financing ofcampaigns for elections for Federal of-fice, and for other purposes, with Mrs.EMERSON in the chair.

The Clerk read the title of the bill.The CHAIRMAN. Pursuant to the

rule, the bill is considered as havingbeen read the first time.

Under the rule, the gentleman fromCalifornia (Mr. THOMAS) and the gen-tleman from Connecticut (Mr. Gejden-son), each will control 1 hour.

The Chair recognizes the gentlemanfrom California (Mr. THOMAS).

Mr. THOMAS. Madam Chairman, Iyield myself 8 minutes.

Madam Chairman, as we observedunder the rule that was passed, we arebeginning a process which is one of themore open processes in the history ofthe House of Representatives. In thearea of campaign reform, we have anunderlying bill, and we have 10 sub-stitutes that will be made in order.

In addition to that, there will beamendments that would be perfectingamendments that will be made in orderto those substitutes. It begins to soundas though it could be a very confusingand difficult process.

What Members need to know is thatwe have already shrunk the potentialamendments from almost 600 to closerto 300. Now, 300 is still a rather omi-nous sounding number and, as we beginto prepare and structure those amend-ments, I think we will find that theywill shrink even more.

But to try to assist Members, ‘‘Youdo not know the players without a pro-gram,’’ as they say in sports, The Con-gressional Research Service is in thefinal hours of preparing a documentwhich I think will prove invaluable toMembers. It will provide, for example,a quick glance, in terms of a checkoffprocedure, indicating which generalareas each particular substitute in-volves itself. For example, does it dealwith spending or benefits limits, politi-cal action committees? What does it dowith individuals, parties, candidates,

CONGRESSIONAL RECORD — HOUSE H3775May 22, 1998in-State contributions limits or not,independent expenditures, et cetera?

After it does the checkoff, so thatyou can do a quick analysis, it will gointo more detailed tables taking thosechecks and turning them into state-ments as to what that particular billdoes vis-a-vis the other bills. Then, fi-nally, in the back as a constant re-source it provides a summary of theamendments in chronological order sothat Members can read in greater de-tail what each particular substitutewould do.

What I want to do for just a couple ofminutes at the beginning is to backaway from any particular measuresthat we are looking at and get Mem-bers to focus on the fact that we havebeen here before. That is, in 1971, theCongress passed the Federal ElectionCampaign Act. It has had subsequentamendments, but the basic bill wassubjected to a court review in 1976called Buckley v. Valeo. Once again,rather than going into particular de-tails, take a step back and focus on thebasics that the court dealt with.

One of the basics that the court dealtwith in Buckley v. Valeo that I thinkwe should take into recognition as weexamine the alternatives in front of usis that the court examined the variousprovisions of that legislation and saidsome were constitutional and somewere unconstitutional.

For example, on the contributionlimit area, they thought it was appro-priate to have limits because corrup-tion or the appearance of corruptionwas closely tied or at least the appear-ance was closely tied to money thatwas given to candidates. However, onthe other end, the expenditure of thosefunds did not have that close tie to cor-ruption or the appearance of corrup-tion so the court struck the limits thathad been placed in the legislation onexpenditures. So the court wentthrough and examined particular areasusing its criteria and said, this is con-stitutional or this is not constitu-tional.

Now, the key to the court being ableto do that was a severability clause inthe legislation. What we wound up withwas a crazy quilt that did not fit anykind of a structured pattern for orderlycampaign reform. I would urge my col-leagues, one of the things that theyshould do in examining the proposedalternatives is to take a look and seewhether or not it has a severabilityclause.

We ought not go down the same roadthat we have been down. We should nothave a comprehensive piece of legisla-tion in which the court can examine itand say, this is constitutional but thisis not. That is lined up with the crazyquilt pattern that does not make sense.We have lived with that procedure forthe last 25 years.

I will provide for Members and re-mind them, as we go through this proc-ess, which of the basic substitutes havea severability clause and which do not.From my perspective, those substitutes

that do not have a severability clauseare preferable. Why? Because if theCongress votes for a comprehensive re-form and the court says a portion of itis unconstitutional, it allows the Con-gress to revisit the area and put to-gether an overall comprehensive, co-ordinated plan. If one of the sub-stitutes has a severability clause, weare right back into the crazy quilt,court-dictated this and that, when itdoes not fit.

The Shays-Meehan bill has a sever-ability clause. The Farr proposal has aseverability clause. The Tierney alter-native has a severability clause. One ofthe major substitutes that does nothave a severability clause is the Hutch-inson Freshman bill.

The second provision that I think wehave to examine is the criteria thecourt used to rule various provisionsunconstitutional. It was primarily firstamendment fundamental freedoms.

Six years ago, 10 years ago the pri-mary threat to the American Republicwere political action committees. If wedid not do away with political actioncommittees, the Republic was to bethreatened. It is interesting how few ofthe major substitutes talk about doingaway with political action committees.

The court said, people have a fun-damental first amendment right to as-sembly.

Today we are talking about some-thing called ‘‘soft money.’’ The ques-tion is whether or not the court willcontinue to maintain its position as towhether or not people have a fun-damental first amendment right tospend their own money as they see fit.

So when Members look at these var-ious substitutes, look at, in the generalsense, whether or not they contain pro-visions that in all likelihood will bestruck down by the court under the ar-gument of fundamental first amend-ment freedoms and if the same sub-stitute has a severability clause, whichmeans inevitably the court will strikea portion and other portions will re-main. That is what we have been underthrough the last 25 years.

Please, do not subject us to that.Look at the substance. Does it clearlyappear in the history of the court’s de-cisionmaking around the first amend-ment to be a fundamental violation,notwithstanding your desire to do it?Then does it have a severability clause.These two tests, I think, will guide thisHouse into making the best possibledecision. If we want reform and wemove reform, will that reform stick?

Madam Chairman, I reserve the bal-ance of my time.

Mr. GEJDENSON. Madam Chairman,I yield myself 6 minutes.

Madam Chairman, we are here todayand we are frankly surprised, some ofmy Democratic colleagues, becausemany of my Democratic colleaguessaid to me over and over again thatthis present leadership was shameless,that you could not shame them intodoing the right thing. And here we are.We are wrong. At least we are having adebate.

It took us a number of attempts, theelection of some Members in the mid-dle of the session that finally broughtthe signatures with virtually everyDemocrat and about a handful of Re-publicans signing a petition to bringthe bills to the floor directly that fi-nally got the Republican leadership,with editorial after editorial condemn-ing them, to at least give us a chanceto debate.

In the theater they say, sometimeslife imitates theater. Let us hope thatthis show, this attempt to appear toengage the campaign finance reformprocess, could lead to reality, becauseif we can pass a bill from this Chamberand send it back to the Senate, it mayjust put the pressure on the Senate tobe able to break that filibuster.

We do have fundamental differences,our two parties. If you asked theSpeaker of the House, the gentlemanfrom Georgia (Mr. GINGRICH) aboutpoor people, he would say, we arespending too much money on them. Ifhe talks about education, he says,there is too much money being spenton it.

But, lo and behold, when it comes tocampaigns, the Speaker of the Housesays, One of the great myths of modernpolitics is that campaigns are too ex-pensive. The political process is in factunderfunded.

It is not overfunded.I think he or one of his colleagues

later said that all this money rushinginto campaigns from every possible di-rection was a sign of political vigor.Well, let us see what the results are.Let us take a look at what has hap-pened to American participation as theexpenditures have exploded.

When we were spending the least, wehad the highest percentage of votes. Inthe 1960s, we were getting as high as 63percent of the American people partici-pating in the political process. As wespend billions today, we are under 50percent participation in this politicalprocess. It is just simply wrong toargue that increased funding has some-how invigorated this political process.

There is a difference between the twoparties. I think the Republican historyon this issue has been consistent withtheir fundamental beliefs. They havetried at every opportunity to rig thissystem so wealthy, powerful people inthis country get additional advantage.

If you hear their debates, I followedtwo down the hall the other day whereone said, Can we have real reform andincrease the amount people can give?That sure helps the average citizen,being able to contribute more money.Fifty thousand is not enough. What doyou want to raise it to?

I think the problem with the politi-cal system is these large dollars in-timidate the average citizen and sendthem a message that they do not countin the political process and that is whythey are not showing up at the polls.

What is the question here? The ques-tion is, what is reform? Sometimes Ithink we should, like the French, have

CONGRESSIONAL RECORD — HOUSEH3776 May 22, 1998language police, although not strikingwords from other countries, preventpeople from misusing or at least abus-ing the English language.

The other side would tell us that re-form is increasing the amount ofmoney that really rich people can give.If there is anybody in this Chamberwho believes that the rich, the wealthyand the powerful do not have enoughaccess to this institution, they havebeen on some other planet recently.

Our job here is to make sure that av-erage citizens feel like this democracyis theirs. I would hope we can do betterthan even the bills before us, but thelegislative process is about choices.McCain-Feingold in this House, underthe leadership of the gentleman fromMassachusetts (Mr. MEEHAN) and thegentleman from Connecticut (Mr.SHAYS) is the only bill that reallysends that message, the only one thatwill put pressure on the Senate. It isnot the bill I would choose in perfec-tion, but that is the easy game politi-cally.

You can walk in here and pick every-thing but the prayer and say, well, Iliked it, but you know there is alwayssomething better out there. Let us tryto do something better, but let us dothis first.

Let me tell you where we are today.The Republicans’ proposals send thisgreat Nation in the wrong direction.We have taken a country based on theprinciples in the Magna Carta thatgave power to nobility against theking. When our Founding Fathersfounded this country, they gave powerto white men who own property, not towomen; blacks had to own twice asmuch property to be able to vote. Nowwe just want to make it the wealthy.

I love this institution. I do not liketo see charges of corruption against it.I could read a list for an hour hereabout illegal contributions by the Re-publicans. The Republicans have spentall their time damning the Presidentfor the last campaign.

Let us stop the rhetoric. Let us dosomething about it. Vote for the pro-posal that will go to the Senate thatalready has a majority of the Senatevotes behind it, and our vote here canpush for those several votes we need tobreak the Senate filibuster. Let us passMcCain-Feingold here in the House.Let us pass that bill and begin theprocess of rebuilding confidence in theAmerican political system.

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Mr. THOMAS. Madam Chairman, Iyield 2 minutes to the gentlewomanfrom Maryland (Mrs. MORELLA).

(Mrs. MORELLA asked and was givenpermission to revise and extend her re-marks.)

Mrs. MORELLA. Madam Chairman, Iwant to thank the gentleman for yield-ing me this time.

Last evening we began one of themost important debates of this session.We often gather in this Chamber topromote democracy and free elections

around the world, yet our own con-stituents are very concerned about howdemocracy works in this country, and Ishare their concerns.

My work on the Committee on Gov-ernment Reform and Oversight has fur-ther convinced me of the need for cam-paign finance reform. While many ofthe abuses we are investigating are il-legal, many are legal because of thesoft money loophole. We must enact re-form to prevent such abuses in the fu-ture.

Attorney General Janet Reno’s re-sponses to my questions during a hear-ing on December 9, 1997, confirmed thatthe soft money loophole has weakenedthe campaign finance laws that pro-hibit contributions from business cor-porations and labor unions, prohibitcontributions made by foreign nation-als in connection with an election toany political office and that requiredisclosure.

At that hearing, the Attorney Gen-eral expressed her desire to work withthe Congress to reform campaign fi-nance laws. It is past time to makethat happen.

Campaign finance abuse is a biparti-san problem that requires a bipartisansolution. For reformers, getting to thispoint has been a victory in and ofitself. We would not be here withoutthe drive of the bipartisan group ofpro-reform Members, the pleas of ourconstituents and the discharge peti-tion.

But our work has just begun. Untilwe pass real reform to eliminate thescourge of unregulated soft money andthe influence of special interests, ourconstituents will continue to believethat money has more influence on theelectoral and legislative process thantheir own votes and views.

When I say we must pass real reformI am referring to the Shays-Meehanbill. I feel that the many substitutesbefore us will allow some Members tohide behind phony reforms. The Shays-Meehan bill is our best opportunity.

During the debate, we are going tohear many arguments for and againstmany bills, but to support true reform,I encourage all of us to stand up and becounted in support of Shays-Meehan.

Ms. KILPATRICK. Madam Chairman,I yield 21⁄2 minutes to the gentlemanfrom Maryland (Mr. HOYER).

Mr. HOYER. Madam Chairman, Ithank the gentlewoman for yielding methis time, and I rise to some degree tolament and to another degree to urgeus to come to grips with this issue.

I rise to lament this procedure whichI think does not do what ultimately wemust do. And what ultimately we mustdo is to restore the confidence of theAmerican public in their system ofelecting public officials, whether at theFederal level, at the State level or atthe local level.

Like some of my colleagues, I havebeen involved in politics for a longtime, having first been elected to theMaryland State Senate in 1966. Duringthat period of time that I served the

State Senate 12 years, I voted on anumber of campaign finance reforms. Iwas not here in Congress in 1974 whenwe adopted the far-reaching campaignfinance reform regime and which, asthe gentleman from California said, es-sentially exists today.

I want to congratulate the gentlemanfrom Arkansas, the gentleman fromMassachusetts (Mr. MEEHAN), the gen-tleman from California (Mr. FARR), andthe ranking member of our committee,the gentleman from Connecticut (Mr.GEJDENSON), for the untiring and long-term work that they have undertakenon behalf of campaign finance reform.

I also want to congratulate the gen-tleman from Kentucky (Mr. BAESLER)for his leadership on this issue. It washis focus, his discharge petition, andthe disciplined approach that he tookthat, frankly, got us to this place.

I will make a much more detailed,expansive discussion of campaign fi-nance reform and my views of the spe-cifics of those reforms when we return.It is, however, my hope that we willnot add to the cynicism of our citizensby the course of this debate. Because ifwe do so, we will have served thempoorly.

If what we do is a political game, ifwhat we do is beat our chests and say,on the one hand, the first amendmentdemands that we do not intrude in try-ing to make our elections more honest,more fair, more open, we will have notserved the public well, nor will we haveserved our democracy well. If, on theother hand, what we do is play a politi-cal game where amendments fly acrossthe field of battle and ultimately wepass no reform, we will have under-mined the confidence of the public.

My colleagues on both sides of theaisle, let us be real, let us do our duty,and let us restore the confidence of theAmerican public in their democracy.

Mr. THOMAS. Madam Chairman, Iyield 4 minutes to the gentleman fromCalifornia (Mr. DOOLITTLE), someonewho has had a refreshing approach tocampaign reform. And anyone who isconcerned about foreign contributions,they know all we really need to do isenforce current law.

(Mr. DOOLITTLE asked and wasgiven permission to revise and extendhis remarks.)

Mr. DOOLITTLE. Madam Chairman,make no mistake about it, at the heartof this debate on campaign reform isour right as American citizens to freelyengage in political speech, a rightwhich is guaranteed to us under thefirst amendment of the Constitution.

Throughout the course of this debatethe big government campaign reform-ers will be trying to tell us that uncon-stitutional government regulations areneeded because they believe money isevil and that it is corrupting our politi-cal system. These people look at Amer-ica as a seething cauldron of unseemlyinterests who debase the political proc-ess.

Many colleagues, on the other hand,take the approach that James Madison

CONGRESSIONAL RECORD — HOUSE H3777May 22, 1998did. James Madison, the author of thefirst amendment, understood thatAmerica would be a cauldron of specialinterests, but special interests, inMadison’s view, would be people whowould be guaranteed a right to havesome influence. Madison anticipated,expected and deemed it necessary thatin a republic people must have influ-ence.

The campaign finance regulatorswould like us to believe political givingis inherently corrupt. But, in fact, par-ticipating in the political process isnot merely desirable, it is guaranteedby the Constitution. The SupremeCourt has made it abundantly clearthat the Constitution allows politicalparties or any group of Americans tospend unlimited amounts on politicalspeech.

What the Court has said is that theconstitutional right to free speech ismoot unless we have the right to am-plify our voice above the din, particu-larly in a country of 270 million people.

The Court correctly declared, in thelandmark Buckley decision of 1976,that political spending is speech. Lis-ten closely to the Court’s words inBuckley:

The first amendment denies governmentthe power to determine that spending to pro-mote one’s political views is wasteful, exces-sive or unwise. In a free society ordained bythe Constitution it is not the government,but the people, individually as citizens andcandidates and collectively as associationsand political committees, who must retaincontrol over the quantity and range of de-bate on public issues in a political campaign.

This decision means that the firstamendment does not allow the govern-ment through some statute we passhere to be put in charge of regulatingeither the quality or the quantity ofpolitical speech.

The Supreme Court made it clearthat the government does not have theauthority to decide between worthyand unworthy speech. The first amend-ment does not allow Congress the lati-tude to categorize certain kinds ofspeech as offensive and other kinds aslaudable. That issue, Madam Chair-man, is at the core of this debate.

Another Founding Father, ThomasJefferson, understood that in a free so-ciety the people should be empoweredto make decisions without interferencefrom the State.

Madam Chairman, I believe we doneed to change our flawed campaign fi-nance laws. The problems we enduretoday are due primarily to governmentregulation of campaign financing. Truecampaign reform should honor the firstamendment by expanding participationin our republic and by enhancing polit-ical discourse. Unfortunately, most ofthe measures we will be debating advo-cate greater government regulationwhich will continue to worsen the cur-rent problem.

Ms. KILPATRICK. Madam Chairman,I yield myself 2 minutes.

(Ms. KILPATRICK asked and wasgiven permission to revise and extendher remarks.)

Ms. KILPATRICK. Madam Chairman,as a member of the committee, MadamChairman, who heard much of the tes-timony on the campaign finance re-form legislation we are discussingtoday, I am very happy that we have fi-nally come to this point where we canhave some debate and open the processso that everyone who feels very strong-ly about this topic can have their op-portunity to speak.

Real campaign finance reform has tospeak to the needs of the Americancitizens. What we have heard fromsome of our speakers already, and whatwe know from the tallies that havecome in from across America, is thatAmerican citizens are not voting. Andthey are not voting for a number ofreasons, one of which I contend is theyfeel their vote does not count; thatthere is too much money in the sys-tem, and that their $20, $30, $50 dona-tions will not be accepted in a waywhere their votes can be heard.

So I am happy today that we are dis-cussing campaign finance reform andthat real campaign finance reform hasthree elements: It bans soft money, itrequires full disclosure from those whogive money, and cleans up third-partyexpenditures so that special interestgroups do not control the politicalprocess.

I hope as we continue this debatetoday that we will keep that in mind.American citizens want to participatein their government. It is our respon-sibility to see that we make it possiblethat they do that. Banning soft money,requiring full disclosure and cleaningup third-party interests that controland dominate our politics will makeAmericans feel that this government istheirs again.

The House Oversight Committee has heardtestimony from over 40 members of Congress,and listened to over 20 hours of earnest, bi-partisan testimony on an issue that affects allof us: campaign finance reform. While wemight disagree over the shape, form, or func-tion that much-needed campaign finance re-form must take, we all agree that this effortshould not be done in such a manner as to beunfair, unjust, or unwise. Along with a majorityof my colleagues, we rejected earlier, bogusattempts that brought up this most worthy de-bate under the most unworthy of cir-cumstances. While I am glad to say that weare having debate on campaign finance re-form, it is still a skewed debate. We will nothave any votes on campaign finance reformbefore the end of May, as the Speaker prom-ised. We will debate eleven separate bills, allwith amendments. This is onerous, burden-some and illogical, and is a significant and se-vere disservice to the American people.

As a Member of the House Oversight Com-mittee, I specifically did not co-sponsor anycampaign finance reform bill, with the excep-tion of the bill that would establish a commis-sion to decide what shape and form campaignfinance reform should take. During this de-bate, it is vital that we remember one impor-tant aspect: we are considering campaign fi-nance reform, not campaign reform. This de-bate should not denigrate into a discussion ofnon-germane or ballot integrity issues. We

dealt with many of these issues during the dis-cussion of Congresswoman LORETTASANCHEZ’s election earlier this year.

Real campaign finance reform does threethings: it bans soft money; it requires full dis-closure of contributors, and it cleans up ex-penditures from special interest groups. Weneed to restore the faith of the American peo-ple in our system of government. We need toensure the accountability of those who partici-pate in and contribute to candidates. We needcampaign finance reform. Real campaign fi-nance reform limits the amount of money inelections. Real campaign finance reform re-duces the role of special interests in cam-paigns. Real campaign finance reform restoresthe faith of the American people in our systemof government.

Real campaign finance reform does not limitthe rights of workers to participate in our politi-cal process. Real campaign finance reformdoes not limit the hard-won voting rights of mi-norities. Real campaign finance reform doesnot make it more difficult for citizens to reg-ister to vote, find out who is funding a cam-paign or cut fiscal support for the FederalElections Commission.

Before I was elected to this august body, Iserved as a Michigan State Representative.As such, I fought, and still fight, for the rightof everyday citizens, the disenfranchised, andthe powerless to participate in our process ofgovernment. By limiting the ability of people,through fostering mistrust in our system ofgovernment, people will not vote. We hinder,not help, the Constitution that we have allsworn to defend and protect.

Madam Chairman, I reserve the bal-ance of my time.

Mr. THOMAS. Madam Chairman, Iyield 2 minutes to the gentleman fromIowa (Mr. LEACH), the chairman of theCommittee on Banking and FinancialServices.

Mr. LEACH. Madam Chairman, cam-paign reform is the most pressingdemocratic issue facing the Nation. Inpolitics as in sports, how the game isplayed matters. A government of thepeople, by the people, and for the peo-ple cannot be a government where in-fluence is disproportionately wroughtby those with large campaign warchests.

Lord Acton once wrote that powercorrupts and absolute power tends tocorrupt absolutely. A fitting corollaryto the Acton dictum is the precept thateven more bedeviling than aspiring topower is fear of losing it.

The current system is an incumbent-based political monopoly that rewardsthose who accommodate rather thanstand up to interest groups. Campaignreform is about empowering citizensrather than influence peddlers. It is theequivalent of applying the antitrustlaws to the political parties. It shouldbe advanced.

In this regard, there are a number ofthoughtful approaches that will bebrought to the floor in this debate. Mypreference is for the Shays-Meehanbill, but I acknowledge that it hasflaws, the biggest of which is it does

CONGRESSIONAL RECORD — HOUSEH3778 May 22, 1998not go far enough. I would have pre-ferred it to be accompanied by spend-ing limits and greater restraints on po-litical action committees, the so-calledPACs.

Nevertheless, I think Shays-Meehanis probably the most that can beachieved this year, and I am hopeful it,or something near it, will be the finalproduct.

Ms. KILPATRICK. Madam Chairman,I yield 4 minutes to the gentlemanfrom Kentucky (Mr. BAESLER).

Mr. BAESLER. Madam Chairman, Iam pleased that the Blue Dog dischargepetition had something to do with usgetting to this point, and I am pleasedwe are now beginning to discuss cam-paign finance reform.

I think the debate boils down to acouple of things: Will we ban softmoney? And will we make sure that ev-erybody in America, and in all elec-tions, know where all money involvedin campaigns comes from?

b 1245

I believe the soft money sets theagenda for Congress, and I think thatis wrong. I believe when people partici-pate in the election process by inde-pendent expenditures and other ex-penditures, it is important that every-body in the country involved knowswhere that money comes from. There isno justification for people participat-ing in the election process with moneyand nobody knows who the source is orwhat they represent.

I am not the first Kentuckian tospeak on this. In fact, the person whoheld my seat 150 years ago, Henry Clay,said, ‘‘Government is a trust, and theofficers of the government are trust-ees.’’

By contrast, some of my Kentuckycolleagues and other nonreformers be-lieve they are trustees of the softmoney system. They are using the tac-tics that we have seen all along: delay,distract, distort, and do little.

As a Kentuckian, I feel obliged to an-swer these distortions. First, the Ken-tucky anti-reformers claim a softmoney ban violates the First Amend-ment and is unconstitutional. I urgethem to reread Buckley v. Valeo, wherethe Supreme Court said, ‘‘. . . limitingcorruption provides a constitutionallysufficient justification for contributionlimits. The integrity of democracy isundermined to the extent that con-tributions are quid pro quos . . .’’

They should also reread the Coloradodecision, where the court said, ‘‘Con-gress might decide to change the con-tribution limits to parties if it con-cludes the potential for evasion of con-tribution limits was a serious matter.’’And I think we all know it is a seriousmatter.

The First Amendment protectsspeech. It does not protect corruption.

Next, the Kentucky anti-reformerssay we do not need new laws, we justneed to enforce the ones we have. Butthat ignores the fact there are no lawsto enforce on illegal soft money here to

our parties. Soft money fund-raising byDemocrats and by Republicans is legal.And soft money contributions, includ-ing the soft money contributions madeby Loral Space Communications andothers throughout the past severalmonths, are legal. There are no laws onthe books to enforce this.

The Kentucky anti-reformers willsay that the Supreme Court says thatmoney is speech, that that is their di-rect quote. I defy any anti-reformer toshow me in Buckley v. Valeo where itsays money is speech. They will not beable to because the Supreme Courtnever made that exact quote.

Next, the Kentucky anti-reformerswill try to change the subject with nonsequiturs like, ‘‘Americans spend moreon junk food than they do on cam-paigns.’’ That is ridiculous and totallyirrelevant.

The point is that the President ofany party, whoever might be President,the chairmen of the finance commit-tees of both parties of the Senate andthe House, congressional campaigncommittees and all ask for muchmoney. And the question is, are therepolitical favors given in return? Ifthere are, it is wrong.

I do not think it is any coincidencethat after we pass the telecommuni-cations bill, hundreds of thousands ofdollars are given to both parties bytelecommunications folks. I do notthink it is any coincidence that afterwe deregulate cable, hundreds of thou-sands of dollars are given to both par-ties by cable interests.

One Kentucky anti-reformer evensaid recently that soft money is notevil, to which I said, what about the to-bacco-manufactured tax credit thatslipped into the budget last year, thehue and cry that came, and we had totake it out? What did actually kill thedrunk driving amendment?

We have to do something. To donothing is irresponsible.

Mr. THOMAS. Madam Chairman, Iyield 8 minutes to the gentleman fromArkansas (Mr. HUTCHINSON) who is oneof the principal sponsors, along with anumber of other freshmen, includingthe gentleman from Maine (Mr. ALLEN)of the underlying legislation uponwhich we will be conducting our exam-ination of campaign reform.

(Mr. HUTCHINSON asked and was givenpermission to revise and extend his re-marks.)

Mr. HUTCHINSON. Madam Chair-man, I want to thank the gentlemanfrom California (Mr. THOMAS) for yield-ing me the time and for his outstand-ing leadership on this issue and also forhis personal guidance to me as I havegone through this process.

Madam Chairman, campaign financereform can be a complex and confusingissue. But the public always has a wayof making common sense out of non-sense in Washington. To the public,this issue boils down to the meaning ofdemocracy. To them, democracy isbeing changed in Washington from thepeople rule to big money governs.

Last night, and even earlier today,we heard from the gentleman fromCalifornia that the First Amendmenthas something to do with this; and cer-tainly it does. But the public can seethrough the misinformation campaignabout the Constitution and the FirstAmendment.

Just a few moments ago the gen-tleman from California (Mr. DOO-LITTLE) referred to the Buckley v.Valeo decision that provides that polit-ical spending is free speech. But thatsame decision says, by the UnitedStates Supreme Court, that contribu-tion limits are in accordance with theFirst Amendment and do not violatethe First Amendment.

By claiming to argue for free speech,the opponents of reform are cynicallyattempting to make sure that bigmoney not only talks but it screams.The opponents pretend to use freespeech to protect the millions of dol-lars in soft money that have becomeliterally an addiction in Washington,and they wanted to give the multi-national corporations a voice in our de-mocracy that so dominates the politi-cal system that the individual voter isreduced to a lonely cry in the wilder-ness. What about their free speech?

Despite the smoke and mirrors,Madam Chairman, the debate today isa clear one. Are we in Congress goingto represent individual Americans, orare we going to represent big money?Are we going to empower individualsand return politics to the people, or arewe going to create more cynicism?

I believe that we should fight for theindividual, and that is why I supportthe freshman bill. I believe the fresh-man bill empowers individuals so thattheir voices can be heard in Washing-ton even above the din of special inter-ests. And most importantly, the fresh-man bill protects the Constitution andfree speech but it gives a greater voiceto the individuals in our political proc-ess and it does this in three ways.

First of all, the freshman bill re-strains the uncontrolled excesses ofbig-money interests and labor unionsby banning soft money, the millions ofdollars that flow from these groupsinto our national parties. As we can seefrom this chart, the 1996 election cycle,$138 million, $123 million in soft moneygoing to our national parties, such adramatic increase from what it waspreviously. And it will only go up.

Secondly, the bill strengthens indi-viduals’ voices by increasing theamount that individuals and PACs cangive and by indexing contribution lim-its to inflation. Ours is the only billthat does that among all of them, thatempowers the individuals in that way.

Thirdly, it provides information tothe public by giving individuals andthe media information about who isspending money and who is trying toinfluence the campaigns.

Madam Chairman, the freshman billhas been criticized by extremists onboth sides of this debate. On the onehand, there are those who claim that

CONGRESSIONAL RECORD — HOUSE H3779May 22, 1998this bill goes too far and should notban soft money. On the other hand,there are those who claim this bill doesnot go far enough and is not real re-form.

I am not sure we could have asked fora better compliment. The oppositionfrom both extremes suggests that thefreshman task force has succeeded inproducing a balanced and fair bill thatdoes not tip the scales in favor of onefaction or another or one party or an-other.

When the freshman task force got to-gether 13 months ago at the beginningof this Congress, we laid out a fewgoals that we tried to stick with. Firstof all, we tried to remove the extremes,the poison pills from the bill so that wedo not scuttle it. We wanted to have arose garden strategy that legislationcould actually get and be signed by thePresident.

After five months we came up with aproposal and we have stuck with it. De-spite the pressure of special interestgroups to change this bipartisan prod-uct, we have stuck with it. It has notbeen tinkered with by different fac-tions that would destroy the balance inthe bill. And it is growing.

As my colleagues can see, the cam-paign finance bill is the best, expertsagree, because it does not violate theConstitution and it represents substan-tial reform. And that is what we need.We have 78 cosponsors from both sidesof the aisle. It is truly bipartisan in na-ture, and it is growing.

Teddy Roosevelt, one of the great re-form presidents in America, said thathe would rather work with individualswho take two steps forward today rath-er than theorize about taking 200 stepsforward in the indeterminate future.And he had a distinguished record ofachieving reform. He had the rightidea. And we have had more than 20years of chest beating about campaignfinance reform that has led nowhere,no real reform. We need a bill that canpass.

Besides having a strategy that thebill would pass, we also had a SupremeCourt strategy. It is not good enoughto get a bill passed by this House andsigned by the President, it has got tosurvive constitutional scrutiny.

We set out with the express purposeof drafting a bill that would protectthe First Amendment while empower-ing individuals. We consulted legalscholars and experts and other Mem-bers of Congress, and the result is a billthat will survive that scrutiny. It isconstitutional. It is substantive. It isreal reform. The freshman bill meetsthe concerns of constitutional scholarsby avoiding the traps of other reformbills.

There are some groups out there, thethird groups, that say that our billdoes something harmful to keep thirdparties from getting their message out.We should be concerned about that.But let me tell my colleagues what ourbill does and, more importantly, let metell my colleagues what it does not.

Our bill does not restrict the amountof money that can be spent by thirdparties. It does not restrict the sourceof the money or require disclosure ofindividual donors. Is that not impor-tant? That sticks with the Constitu-tion, and that is the freshman bill. Itdoes not restrict the tradition of anon-ymous pamphleteering. It does federal-ize state elections. In short, it does nottrample upon the Constitution.

The freshman bill is simple, and inthis town, being simple and straight-forward confuses a lot of people. Butlet me explain this bill bans softmoney, it requires disclosure and infor-mation to the people, and it empowersindividuals. That is simple but it is sig-nificant and it is substantial.

Finally, let my say to all my col-leagues in Congress, the scripture saysthe sons of Samuel who governed Israeldid not walk in their father’s ways. Butinstead, they turned aside after moneyand in doing so perverted justice. Andbecause they perverted justice in thename of money, the people of Israellooked for new leaders.

And clearly the American people per-ceive that justice and democracy inAmerica is being perverted in the nameof big money. If we do not change thatsystem in this body, then the peoplewill look for new leaders. Let us notfail the American people. Let us takeadvantage of this opportunity and passthe freshman bill, the bipartisan cam-paign integrity act.

Ms. KILPATRICK. Madam Chairman,I yield 12 minutes to the gentlemanfrom Massachusetts (Mr. MEEHAN) whohas one of the most popular bills andcertainly a bipartisan bill.

Mr. MEEHAN. Madam Chairman,late last night the House embarked onwhat will prove to be a historic debateon campaign finance reform.

Over the next few weeks, we willhave the opportunity to truly strength-en our democracy and respond to the 72percent of Americans who say thatthere is too much money in Americanpolitics. Most importantly, this debatewill clearly identify those Memberswho support real bipartisan reform bya vote for the Shays/Meehan bill fromthose who are tied to the status quo.

It is a fact that undisclosed money isoverwhelming our current election sys-tem. The most effective way to solvethe problem is to ban soft money, thehuge sums given by corporations, in-terest groups and labor unions. Theseunregulated contributions are at theheart of nearly every single investiga-tion that the majority party has fo-cused on this year.

The other problem with our currentsystem is the proliferation of campaignads masquerading as issue ads in con-gressional races all across the country.According to a report published by theAnnenberg Public Policy Center andthe Pew Charitable Trust, more thantwo dozen organizations engaged incampaign advertising during the 1995–1996 election cycle, but because theycalled their campaign ads issue advo-

cacy, they did not play by our cam-paign rules. As a result, nearly $150million worth of these ads, a third ofwhat all candidates nationwide spentthemselves, went undisclosed. Nobodyknew where the money came from.

The Shays/Meehan bill addressesboth of these issues. Some of my col-leagues have suggested that in order topass campaign finance reform, that thegentleman from Connecticut (Mr.SHAYS) and I should modify our origi-nal legislation to garner additionalsupport. However, it is important to re-member that this legislation is alreadya product of compromise.

b 1300Unlike our original bill, H.R. 3526

does not have voluntary spending lim-its, nor does it include incentives toabide by such limits like low-cost TVtime or free mailings. Moreover, itdoes not include any change in PAClimits.

At the same time, the bill does in-clude new provisions to deal with therecent abuses of our campaign system,including a clarification of the law for-bidding fund-raising on governmentproperty and a strengthened foreignmoney ban.

Our legislation has six primary com-ponents: first is a ban, a complete banon soft money; second, a clarificationof what constitutes campaign adver-tisement; third, increased disclosureand enforcement; fourth, a ban on allfund-raising on government property;fifth, a personal wealth option; sixth,codification of the Beck decision.

In short, the Shays-Meehan bill willend the soft money system, and addressthe growing problem of sham issue adsin Federal elections. It will increasedisclosure of political contributionsand expenditures, because, frankly, thepublic has a right to know.

Finally, our measure will give theFederal Election Commission the teethit needs to enforce existing law.

In closing, I would like to take a mo-ment to address the First Amendmentimplications of this legislation. In thecoming weeks, I look forward to engag-ing in a constructive debate over thenature of the First Amendment doc-trine in Federal election laws. Such adebate is important.

But there are some Members whoraise this issue in good faith, but Iwant to warn the American people thatthere are Members who are falsely rais-ing constitutional concerns, becausethey oppose reform and support thestatus quo.

The bottom line is clear, next monththe Congress will have a historic oppor-tunity to make a real difference in theway this institution is perceived by thepeople who have elected us. We willhave a chance to take a step away fromthe well-heeled special interest andtake a step towards restoring the onevoice/one vote principle upon whichthis country was founded. I urge all ofmy colleagues to take a stand for re-form and support the Shays-Meehanbill.

CONGRESSIONAL RECORD — HOUSEH3780 May 22, 1998Let me address a couple of other

issues, Madam Chairman, if I may. Ithas been raised that somehow this billlacks the constitutional basis becausethere is spending limits. It does not in-clude spending limits. There is somewho say that we cannot outlaw PACspending. It does not outlaw PACspending. Shays-Meehan does not banbundling. There is no free air time inthis legislation. I think it is importantas we discuss the facts to keep that inmind.

Madam Chairman, I yield 11⁄2 minutesto the gentleman from Wisconsin (Mr.BARRETT), my colleague who has beenfighting for reform since he arrived inthis institution.

The CHAIRMAN. Without objection,the gentleman from Massachusetts(Mr. MEEHAN) will control the time.

There was no objection.Mr. BARRETT of Wisconsin. Madam

Chairman, I am proud to be a cospon-sor of the Shays-Meehan bill, because Ithink it addresses one of the most im-portant issues we face as a Nation andan issue that is important for the fu-ture of this Nation.

Each year, the Pew Research Centerdoes an analysis and a survey of youngpeople in our country, and it asksyoung people 18, 19 years old what theyare interested in for their future. Ittalked about their job aspirations,their education aspirations, theirdreams.

Each year, it has a question askinghow interested they are in our politicalprocess and in government. Each year,we have seen different results. But thisyear, we have the lowest interestamong 18 and 19-year-old people in thiscountry in government, in politics, andin public policy than we have had inthe last 30 years.

There is a reason for that. The reasonfor that is that young people, in par-ticular, feel disconnected from the sys-tem. They feel that this is a pay-as-you-go system. Unless they havemoney to get involved in this politicalprocess, they cannot be part of it.

For a democracy, that is the worstpossible thing that can happen. Wehave to have young people who believein the system. If the young people inthis country feel that the only peoplewho can get involved in governmentare people who have a lot of money,that is bad for democracy. That is badfor this country.

This bill, although not perfect, triesto take a serious attempt at correctingsome of the problems. It tries to get ridof the soft money. It tries to make surethat the issue advocacy ads that are soprevalent have at least some respon-sibility.

There has been a lot of talk in thisChamber the last couple of days aboutforeign influence, about money cominginto this country. But one of the thingsthat we have not heard is that this billactually deals with that problem, be-cause we cannot have foreign influencecoming and buying issue advocacy adsunder this bill. But under the currentlaw, we can.

I think, if we are concerned about theintegrity of the system, we have to en-sure that we do not allow any type offoreign influence to come in and buyissue advocacy ads.

So I think that this bill is even moreimportant today than it was 3 weeksago. What we should be doing is weshould be moving forward with thisbill, not only for the people who votenow, but for the young people in thiscountry.

Mr. MEEHAN. Madam Chairman,how much time do I have remaining?

The CHAIRMAN. The gentlemanfrom Massachusetts (Mr. MEEHAN) has41⁄2 minutes remaining.

Mr. MEEHAN. Madam Chairman, Iyield 2 minutes to the gentleman fromTennessee (Mr. WAMP), my colleaguewho has been our partner in this effortto find bipartisan, bicameral campaignfinance reform.

Mr. WAMP. Madam Chairman, Ithank the gentleman for yielding tome.

Madam Chairman, we have heard itsaid, the love of money is the root ofevil. I will tell my colleagues whatTennesseans say to me when I go backhome; and that is, the political partiesseem to be addicted to money, both po-litical parties. Too many mailings.Some constituents tell me they havefive or six pieces of mail in a single dayin their mailbox. They cannot evenfind the legitimate mail in all the so-licitations. It is out of control. Toomuch money. Not that we can restrictit or that we should restrict it, butthat they are too driven by the love ofmoney, and money is power.

Unlimited, unregulated soft moneymust be contained. I particularly findegregious the influences of tobacco, al-cohol, and gambling. Tobacco softmoney, $30 million over the last severalyears to the political parties, including$100,000 this month in a single paymentto one of the political parties.

Alcohol, $26 million over the last sev-eral years to the political parties. Weknow what that money is for.

Gambling is the new kid on theblock, but they are catching up quick.It is a growing industry. They aregoing to try to buy influence in theUnited States Congress.

I do not want my children’s future tobe dictated on the influences of alco-hol, tobacco, and gambling soft moneywhich is unregulated and unlimited tothe political parties.

This open debate is good. I commendour leadership for bringing it up, foreven extending the debate so that wecan use this House to debate this issue.We are going to have two options, allthe way from the proposal of the gen-tleman from California (Mr. DOO-LITTLE) to go back to the way thingswere before Watergate, and, frankly,there is an intellectual argument thatneeds to be made about how much bet-ter things were before this systemcame into being, or we can try to fixthis system, which I think is practical.

We have got some good options, thefreshman bill, Shays-Meehan. But we

can fix this system, and I appreciatethe debate.

Mr. MEEHAN. Madam Chairman,may I inquire how much time is re-maining?

The CHAIRMAN. The gentlemanfrom Massachusetts (Mr. MEEHAN) has21⁄2 minutes remaining.

Mr. MEEHAN. Madam Chairman, Iyield 11⁄2 minutes to the gentlewomanfrom California (Mrs. CAPPS), a newMember of this institution who tookthe House seat of her husband, whosigned onto the Shays-Meehan bill asthe first bill that she signed onto.

Mrs. CAPPS. Madam Chairman, Icommend my colleagues in the fresh-man class, especially the gentlemanfrom Maine (Mr. ALLEN) and the gen-tleman from Arkansas (Mr. HUTCH-INSON), for their hard work on theirbill.

My husband, Walter Capps, cospon-sored this bill. Without the freshmaneffort, I do not believe we would behere today.

But I am fresh off the campaign trail,and I have seen how our electionstoday are being manipulated by outsidegroups who flood the airwaves with un-regulated air ads that are clearlyaimed at defeating or electing Federalcandidates.

These ads feature a candidate’s face,name, and record. They air just beforethe election. Who are we fooling? Theyare just like other campaign ads andshould be funded with fully disclosed,limited contributions from legitimatesources.

These single issues are all across thepolitical spectrum. They affect every-one in the contested race, Democratand Republican.

I stand in strong support of the bipar-tisan Shays-Meehan bill because itcontains the cornerstone of seriouscampaign reform. The bill will ensurethat these phony issue ads are broughtunder the same restrictions as anyother campaign ads.

Let us plug the giant issue advocacyloophole. Let us pay attention to ourconstituents who are frustrated anddisillusioned by the onslaught of ads inour campaigns which are funded byoutside interest groups, undisclosed,unlimited.

Pass real reform. Support the Shays-Meehan bill. It is in the interest of allof us, of everyone.

Mr. MEEHAN. Madam Chairman, Iyield the balance of my time to thegentleman from Connecticut (Mr.SHAYS), who has been fighting for cam-paign finance reform over the last fewyears and has been a real leader in thisinstitution in fighting for campaign fi-nance reform.

Mr. THOMAS. Madam Chairman, howmuch time does the gentleman fromMassachusetts (Mr. MEEHAN) have re-maining?

The CHAIRMAN. The gentlemanfrom Massachusetts (Mr. MEEHAN) has1 minute remaining.

Mr. THOMAS. Madam Chairman, Iyield an additional 2 minutes to the

CONGRESSIONAL RECORD — HOUSE H3781May 22, 1998gentleman from Connecticut (Mr.SHAYS).

The CHAIRMAN. The gentlemanfrom Connecticut (Mr. SHAYS) is recog-nized for 3 minutes.

Mr. SHAYS. Madam Chairman, as Iwas listening to this debate and look-ing out and hearing the gentlemanfrom Iowa (Mr. LEACH) speak aboutcampaign finance reform, I think ofhow hard a leader he has been over somany years.

This is not a new issue. We have beendebating it for a long time. I think ofthe gentleman from California (Mr.THOMAS) and what a leader he has beenon campaign finance reform. So wehave been fighting for reform on thisside of the aisle.

I turn and think of all the people onthe Democrat side of the aisle as wellwho have been fighting for campaignfinance reform.

Together, we passed congressionalaccountability. We have gotten Con-gress under all the laws that we imposeon the rest of the Nation. We did thattogether. Together we passed gift banlegislation, Republicans and Demo-crats. Together we passed lobby disclo-sure legislation. But we have left oneact not taken care of, and that is deal-ing with campaign finance reform.

Fortunately, we have freshmen fromboth sides of the aisle who have workedhard to draft legislation that they feelwill deal with this issue. I believe thatthey have made an important step, andI believe that they are truly for reform.I am hopeful, that at the end of theday, we can all come together.

I would argue to everyone in thisChamber that the legislation we needto pass is the Shays-Meehan bill. I be-lieve that we need to pass this legisla-tion because it deals with the impor-tant elements that none of the otherproposals do.

We need to ban soft money; and withall due respect to other bills, we needto ban it on the State level as it relatesto Federal elections. We need to recog-nize and have the courage to confrontthe sham issue ads by corporations, bylabor unions, by other interest groups,and call them what they are, campaignads.

Campaign ads come under the cam-paign laws. It would mean, and I saythis particularly to my side of theaisle, that labor money cannot be usedin sham issue ads, not the dues. Wedeal with it whether it is Republicanmoney or Democrat money. I think wealso need to codify Beck to let workersknow that they have a right to nothave their money used for campaignads.

The bill also strengthens the FederalElection Commission. We have strong-er enforcement, and we have strongerdisclosure. We also make it very clearthat foreign money cannot be used incampaigns, because, right now, softmoney is not viewed as campaignmoney, and so it is legal. You can evenmake calls from the White House, be-cause it is soft money. It is not cam-paign money.

My biggest complaint with my side ofthe aisle is they are willing to inves-tigate corruption and not reform thesystem. With all due respect, on theother side of the aisle, they are willingto reform, but not expose wrongdoing,I think, when it needs to be.

We need to do both. We need to inves-tigate wrongdoing and hold people ac-countable. We also need to reform thesystem.

I am so grateful to be part of thisCongress today and in the weeks tocome because we are debating an issuewe feel strongly about on a bipartisanbasis.

b 1315

Ms. KILPATRICK. Madam Chairman,I yield 10 minutes to the gentlemanfrom Maine (Mr. ALLEN), one of thesponsors of the freshman bipartisanbill.

Mr. ALLEN. I thank the gentle-woman for yielding me this time.

Madam Chairman, last February,freshmen Democrats and freshmen Re-publicans agreed to create a task forceon campaign finance reform. We wereall veterans of targeted races in 1996.We saw firsthand the explosion of softmoney in issue advocacy. We knowthat if soft money can be used for TVads, and it can, the existing law oncontribution limits has become a sham.

The gentleman from Arkansas (Mr.HUTCHINSON) and I cochaired that taskforce of six Democrats and six Repub-licans. H.R. 2183, the base bill for thisdebate, is the product of our freshmantask force. It is substantial reform, itis bipartisan reform, and it ought to bepassed.

Madam Chairman, I am now going toyield to members of the task force andmembers of the Democratic class offi-cers.

Madam Chairman, I yield to the gen-tleman from New Jersey (Mr.PASCRELL).

Mr. PASCRELL. Madam Chairman,the current Congress can be brokeninto two groups: Those who think thereis too much money in politics, andthose who think there is not enough. Iam of the former belief.

During the 1996 election cycle, can-didates running for Federal office spentover $1.6 billion to get elected. Whetherwe want to admit it or not, the fact isthat our campaign finance system isjeopardizing our credibility. We shouldnot fool ourselves into believing thatthe problem is only the illegal activi-ties that occur during the campaigns.

Soft money is unregulated and is notsubject to any of the contribution lim-its. Democrats and Republicans com-bined to raise more than $260 million insoft money, a 206 percent increase, in1992. If this trend is allowed to con-tinue, we can expect the soft moneyfigure to reach almost $1 billion in theyear 2000. It is the abuse of soft moneythat has so badly tainted our system.It is soft money abuses that are thesource of the investigations of the 1996campaign.

Mr. ALLEN. Madam Chairman, re-claiming my time, I yield to the gen-tlewoman from Oregon (Ms. HOOLEY).

Ms. HOOLEY of Oregon. MadamChairman, it is time for Congress toget its head out of the sand. Just howout of touch is this place? Will we lookreal campaign finance reform right inthe eye and blink? I hope not, becausethe American people have lost trust inthe system. They firmly believe thatelections are bought and sold.

We all know that soft, unregulatedmoney plays an enormous role in thisdisillusionment of the problem. Thiscampaign financial loophole allows vir-tually unlimited contributions fromwealthy special interests, and almostevery dollar garnered from this israised at the Federal level.

Madam Chairman, let us be clear:Soft money can lead to the threat ofcorruption, the appearance of corrup-tion, or real corruption. Let us ban it.

Mr. ALLEN. Madam Chairman, re-claiming my time, I yield to the gen-tleman from Arkansas (Mr. SNYDER).

Mr. SNYDER. Madam Chairman,from the most recent records of theFEC in the last few months, a $200,000donation from an individual impactingon the work of the Capitol; a $250,000donation from a construction company;a $100,000 donation from a union; atotal of $650,000 in donations from abank; and I could go on and on, $100,000from an individual; $450,000 in dona-tions from a tobacco company.

Madam Chairman, Lady Freedom isabout to be covered up. As the debatewas continuing last night, I was im-pressed with how much we were play-ing ‘‘gotcha’’ and how much we wereplaying politics. Let us go home onthis recess, and come back prepared todeal with this problem. Before LadyFreedom gets completely covered up,let us recover our democracy.

Mr. ALLEN. Madam Chairman, re-claiming my time, I yield to the gen-tleman from Rhode Island (Mr.WEYGAND).

Mr. WEYGAND. Madam Chairman,the centerpiece of the freshman bill isa very strong ban on soft money. Itprohibits national officeholders, can-didates, their agents, from raising, di-recting and coordinating soft money.The freshman bipartisan Democratic-Republican bill incorporated the ideasof campaign finance experts; ThomasMann of the Brookings Institute, NormOrnstein of the American EnterpriseInstitute, Herb Alexander of the Citi-zens Research Foundation, we tooktheir ideas and put it into the bill. Thiswas not a partisan ship, this was anidea of experts.

But what does all this do? What isthe real issue before us with softmoney?

Soft money really restricts the aver-age American from running for office.It puts tens of thousands, even millionsof dollars, into campaigns, and formsgreat obstacles for the average Amer-ican from running from office. Jeffer-son and Madison wanted this to be the

CONGRESSIONAL RECORD — HOUSEH3782 May 22, 1998House of the people, not the House ofthe elite and the special interests. Softmoney does that.

Let us renew those Founding Fa-thers’ ideas. Let us renew the House ofthe people. Let us ban soft money.That is what the freshman bill does. Iurge my colleagues to support it.

Mr. ALLEN. Madam Chairman, re-claiming my time, I yield to the gen-tleman from Florida (Mr. DAVIS).

Mr. DAVIS of Florida. Madam Chair-man, I rise today also in support of thefreshman bipartisan campaign financereform bill. One of the issues that weaddress in our bill, as well as is ad-dressed in the Meehan-Shays bill, isthe third party ads that are typicallyrun by groups outside of Congressionaldistricts. Our bill provides if you aregoing to attempt to influence the out-come of an election, you have to asso-ciate yourself with that ad.

We have had groups here in Washing-ton D.C. that have told us if you forceus to put our names on our ads, we willnot run them. They further said thecourts have ruled they have a right torun anonymous political advertising.

This is crazy. What is at stake here isnot a right like that; it is the right ofthe voters not to be deceived, but to beinformed. One of the purposes of thisprovision is to stop the type of mis-leading and inflammatory ads that peo-ple will refuse to run when their nameshave to go on the ad.

We have carefully written this fresh-man bill in a way that is constitu-tional. It preserves the rights of groupsto speak. But if you are going to standup and say something about a can-didate and attempt to influence theoutcome of an election, you are goingto put your name on the ad. That isgoing to assure that the rights that arereally at stake here are protected, andthat is the rights of the voters to makeinformed judgments and to understandwho is trying to influence the outcomeof the elections that determine theirelected representatives.

Mr. ALLEN. Madam Chairman, re-claiming my time, I yield to the gen-tleman from Wisconsin (Mr. KIND).

Mr. KIND. Madam Chairman, I am aproud member of the freshman biparti-san task force on finance reform. If weare truly interested in passing financereform that is going to pass and with-stand constitutional challenges, thefreshman bill is the bill to support.

But the opponents of reform wouldhave us believe that large money con-tributions are essential to freedom, lib-erty and free speech in this country. Ido not know any rational person whobelieves the ability of a wealthy indi-vidual or organization to contributehundreds of thousands of dollars, justas my friend the gentleman from Ar-kansas (Mr. SNYDER) so aptly dem-onstrated, is essential to freedom andliberty in this country. But that is ex-actly what is going on right now, and itis perfectly legal.

The freshman bill prohibits softmoney contributions, and it will limit

the corruption and the appearance ofcorruption resulting from those largecontributions.

We can prohibit the soft money con-tributions under current constitutionalcase law. So our soft money ban with-stands any constitutional challenge,and, yes, it does uphold liberty and freespeech in this country.

I urge my colleagues, if they are in-terested in true finance reform that up-holds the tenets of our Constitution inthis country, to support the freshmanbill.

Mr. ALLEN. Madam Chairman, re-claiming my time, these freshmenMembers of Congress have helped bringreal campaign finance reform to thefloor. H.R. 2183 should now be debatedand passed in this Congress. But we aregoing to hear some objections. We aregoing to hear the phrase ‘‘big money.’’I ask you to remember it. We are goingto hear the phrase ‘‘free speech.’’ Be-cause when some Members of Congressargue that campaign reform stifles freespeech, they are really saying that itshuts down big money, and they likebig money. They want to keep bigmoney.

The Supreme Court has said prevent-ing the appearance and reality of cor-ruption justifies limits on contribu-tions to candidates and parties. To besure, the First Amendment is a factor.But a soft money ban is constitutional.Issue advocacy can be regulated.

Do not be fooled by those who use therhetoric of free speech to keep cam-paigns fueled with big money from cor-porations, unions and wealthy individ-uals. Support the freshman bill.

Mr. THOMAS. Madam Chairman, it isa pleasure now to yield 3 minutes tothe gentleman from New York (Mr.PAXON), a retiring Member of Congress,but someone who certainly is not him-self retiring.

Mr. PAXON. Madam Chairman, foryears the two-party system has servedthis Nation well and has helped tomake America the strongest democ-racy in the history of the world.

Today we have really seen on thisfloor the beginning of a direct assaulton the two-party system in the guise ofso-called reform. I warn my colleagues,as you well know, because someonewalks to the well of the House and sayssomething is reform does not make itso.

As a matter of fact, I believe that ifthese measures pass, we can predictthree things: First, the diminishing ofour two-party system; secondly, a di-minishing of the ability of candidatesto be responsible for the messages intheir campaigns to the electorate; and,third, because so-called reform will ac-tually move dollars from the Federalsystem that we have today of disclo-sure, those dollars will end up in issueadvocacy campaigns, and that willmean no disclosure of where the dollarscome from, no disclosure of where thedollars are going to or being spent,and, undoubtedly, more of what we areseeing today, negative and attack com-

mercials that are not controlled byanyone.

Now, there is much talk though onthis floor about controlling one thing,and that is these very issue advocacycampaigns. But that is a fantasy. Thecourts will not allow it, and that isclear.

What this talk is is a Trojan horse,good talk about controlling issue advo-cacy and all those negative campaigns,and, once the courts strip it away, weare only left with controls on the two-party system and controls on the can-didates who are, therefore, not respon-sible to the electorate because of thekind of messages that will come out inthose issue advocacy campaigns.

Therefore, the bottom line is simplythis: The real question when it comesto campaign abuses is not about morelaws. There are laws galore on thebooks. What we need is the real choicebefore us today: Will we enforce thelaws that are on the books, or will weirreparably harm the two-party systemand the ability of candidates to be re-sponsible to the electorate and controltheir messages?

As this debate goes on in the comingweeks and months, I cannot help butcome back to the adage that my deargrandmother gave me time and timeand time again, and that is simply this:Be careful what you wish for; it mightcome true.

Mr. THOMAS. Madam Chairman, it ismy pleasure to yield 2 minutes to thegentleman from Washington (Mr.WHITE), one of the authors of a majorsubstitute that we will be looking atlater in the process.

Mr. WHITE. Madam Chairman, weare embarking today on a long processto debate campaign finance reform. Itis an open process, and that is a goodthing. But it is also a process that, ifwe judge from the past, is likely to endin failure, in partisanship and in em-barrassment to this House. Because thefact is if we look at what we have donein the past, we are likely to spend ourtime fighting with each other, arguingover our pet projects, and, ultimately,not getting anything done.

The fact is, we do not agree on thedetails, and what most of this cam-paign finance debate will turn out to beis one party trying to stick it to theother party and trying to see if theycan do that in one way or another. Thefact is, it is very likely that we willend up at the end of the day in a situa-tion where no bill has the votes that isnecessary to pass.

I would submit to you, Madam Chair-man, if there is a lesson to be learnedfrom the history we have seen, it is wecannot do this job ourselves. The lastpeople in the world who should be mak-ing decisions on campaign finance re-form are the people whose individualpersonal self-interest depends on cam-paign finance.

b 1330That is all of us in this House.So I would submit to my colleagues

that there is really only one way to get

CONGRESSIONAL RECORD — HOUSE H3783May 22, 1998a neutral, good government campaignfinance reform bill, and that is to ap-point a group of neutral experts tocome back to us with a proposal afterdebating for a period of time. That isthe Commission bill.

It is one of the first bills we will bedebating, and I would implore my col-leagues to give it careful consider-ation. We will have plenty of time todebate the merits of it, to explain whatthe Commission is all about. But Iwould say to my colleagues, go aheadand have the fights, go ahead and tryto stick it to the other party, go aheadand try to win on your terms, but donot forget to vote for the Commissionbill, which is the one chance we reallyhave for real, fair and neutral cam-paign finance reform.

Mr. THOMAS. Madam Chairman, Iyield 2 minutes to the gentleman fromKentucky (Mr. WHITFIELD), a Memberwho has been involved in this for sometime.

Mr. WHITFIELD. Madam Chairman,the Buckley decision was obviously themost important campaign finance deci-sion made by the Supreme Court. Jus-tice Thurgood Marshall in that opinionwrote, ‘‘One of the points on which allmembers of the Court agree is thatmoney is essential for effective com-munication.’’

Now, in Federal campaigns we havetwo kinds of money. We have softmoney, which is money spent by anyorganization, any individual, or a polit-ical party to talk about issues.

Now, in my campaign in 1996, thelabor union spent $866,000 against me inTV ads, and it said, paid for by theAFL–CIO. That is soft money. I did notlike it, but I think they have the rightto run them. The Supreme Court haverepeatedly ruled they have that right.

Hard money is money spent by can-didates for Federal office. It is usedspecifically to elect or defeat a can-didate and is, therefore, regulated bythe Federal Government.

Now, the Shays-Meehan bill, not onlydoes it place a cap on the amount thata person can spend of their own money,but it also prohibits any organization,any individuals and political parties ofany political philosophy from spendingmoney to educate people about issueswithin 60 days of the election. So inFederal elections, where does thatleave us? Those that spend hardmoney, the candidates, and then, ofcourse, members of the news media willbe able to express their views. Theywill be the only ones.

But individuals around the country,organizations around the country willnot be able to spend any money. And I,for one, do not like to see the last 60days of an election having the newsmedia being the only ones that cantalk about the candidates, becausethey are not regulated by anyone. Sothey will exercise their free speech, butthe American people will not exercisetheir free speech.

Mr. THOMAS. Madam Chairman, Iyield 21⁄2 minutes to the gentleman

from Texas (Mr. BRADY), a member ofthe freshman bipartisan group.

Mr. BRADY of Texas. Madam Chair-man, new campaign laws will not helpif we do not first enforce the ones wehave, and Congress must enforce andmust ensure the free expression ofspeech, and that is why I am proud tobe an original cosponsor of the fresh-man reform bill.

Each year, we seem to drift fartherand farther away from the original in-tent of Congress as a citizen legisla-ture, electing people from all walks oflife and stations of life. A citizen Con-gress is disappearing in great part dueto horribly expensive campaigns whosecosts are out of control and gettingworse.

Today, it takes about $1 million. Theaverage cost of winning a competitiveseat in Congress is $1 million. Thatmeans a lot of good people in our com-munity will never raise their hands torun for Congress because they do nothave $1 million and they do not knowhow they would find it, and those costsare doubling every 4 years. For a Na-tion founded on representative govern-ment, that is alarming.

Madam Chairman, I love being partof a Republican Congress that is knownfor challenging business as usual inWashington. Now is the time and weare the ones who take on the difficultpast of bringing some common sense tothese campaigns. It will not be easy.Nothing important ever is. But it willbe worth it to make sure that, some-day, our children do not wake up in thefuture to find that our Congress is re-served for only the wealthy few.

When it comes to doing the rightthing in America, money is not every-thing. Integrity is more importantthan a fat wallet. Character stillcounts. If we believe in the citizen Con-gress, we know that we have to makesure the doors are open to families andworking Americans who are only richin principle and wealthy in commonsense.

The freshman bill is common sense.It is constitutional, it preserves freespeech, it protects States’ rights, andit avoids the extremes without givingadvantage to either party.

As a Republican, I confess that thebills that give my party an advantageare awfully tempting. As a Republicanand an American, I know that the prin-ciple of a citizen Congress is a higherprinciple. That is what America’sfounders envisioned, that is what gen-erations of Americans have given theirlives for, that is our challenge to pre-serve.

Ms. KILPATRICK. Madam Chairman,I yield 3 minutes to the gentlemanfrom California (Mr. FARR), who hasspent a lot of time on this issue andone of the sponsors of one of the billswe will be further debating.

Mr. FARR of California. MadamChairman, I thank the gentlewomanfor yielding me this time.

I am pleased that we finally have achance to debate on 11 measures, sepa-

rate measures to discuss campaign re-form, and I join this debate to fight forreform, real reform. Reform that stopsthe money chase, reform that restoresthe integrity to the election process,that allows candidates to discuss theissues, not sling mud.

I support the Shays-Meehan bill, butI also have a bill to be discussed in thisdebate, one that is more comprehensivethan Shays-Meehan and actually is thebasis from which Shays-Meehan origi-nally developed.

But as good as Shays-Meehan is, itcould be better. If the problem withcampaign finance today is too muchmoney in the system, then let us capit. No one talks about spending limitsanymore. But my bill has spending lim-its; none of the others do.

If we want to reduce money in thesystem, do not let it be spent. I cap itout at $600,000, which is the averagecost of a campaign in the United Statesin the last election.

No one talks about PAC contribu-tions anymore, but I do. My bill re-duces individual PAC contributionsand caps them in the aggregate. Shays-Meehan does not. If we want to reducespecial interest money in the system,reduce the flow of money, cap it. Mybill and my amendment has PAC lim-its.

No one talks about wealthy can-didates anymore, buying a seat in Con-gress, but I do. My bill limits howmuch personal money a candidate canspend on his or her campaign. Shays-Meehan and other bills do not.

What about bundling reform? Whatabout access to broadcast time? Havewe forgotten that there is more tocampaign finance reform than only softmoney?

We need reform. It needs to be bold.It needs to be comprehensive. Gettingrid of soft money is a good start, but initself is not enough. Getting tough onexpress advocacy is a good start, but initself is not enough. Getting seriousabout disclosure is a good start, but itis not enough. Shays-Meehan is a goodstart, but it is not enough.

I will offer an amendment using thetext of my bill, H.R. 600, that does that,and more. If we are going to go throughthe trouble of passing campaign fi-nance reform, let us pass comprehen-sive reform. Let us show America weare serious about cleaning up the sys-tem. If we are truly determined to dosomething about campaigns that are fi-nanced in this country, we must attackit from all angles, not just one. Incre-mental reform is reform delayed, andreform delayed is not reform at all.

Mr. THOMAS. Madam Chairman, Iyield myself 1 minute.

Madam Chairman, someone earliermade the statement that they saw aneducational ad and it did not play by‘‘our rules.’’

The gentleman from California (Mr.FARR), is obviously sincere in offeringhis package, and we will look at it inmore detail later, and he is proud tosay that it has spending limits in thebill.

CONGRESSIONAL RECORD — HOUSEH3784 May 22, 1998If my colleagues will recall my open-

ing comments about the concern thatwe have to have in passing legislationin which the Supreme Court has al-ready rendered an opinion, my col-leagues will recall that in Buckley v.Valeo the Court sustained contributionlimits that were in the 1971 law, but itheld unconstitutional the expenditurelimits, and yet we still continue to tryto go down that path.

The gentleman from California saidthat, in terms of millionaires spendingtheir own money, we ought to tellthem that they should not be able todo it. I remind my colleagues that theCourt has said that that is supposed tobe a fundamental first amendmentright.

I will also remind my colleagues thatthe Farr bill has a severability clause.That means that if the Court rules oneportion of it unconstitutional, the restof it will stand. In other words, if hebelieves he has crafted a careful, com-prehensive plan and the Court throwsout a portion of it, what we wind uphaving is the same situation we are intoday.

What the Congress wanted, if, in fact,that is what Congress wants, will bedone only in piecemeal, hit-and-missfashion. As we look at these variousproposals, look to see whether theyhave severability. Look to see if theyaddress what we should be doing underconstitutional amendments in a statu-tory form when we are running directlyinto the face of the Supreme Court say-ing certain aspects of people involvedin expressing their own positions po-litically have a guarantee under thefirst amendment.

Madam Chairman, I yield 3 minutesto the gentleman from Colorado (Mr.MCINNIS).

Mr. MCINNIS. Madam Chairman, Iam sure that all of us are familiar fromwatching the movie Gunsmoke or someof the other westerns, or if we haveever studied western history, we haveheard of something called snake oil.That is just about what is to be sold onthis House floor, and it is called snakeoil.

How does one sell snake soil? First ofall, one goes out there and convincesthe people, goes into town ahead oftime and convinces everybody thatthey are deathly ill, that the con-sequences of not buying the snake oilwill be devastating to the communityas a whole.

That is exactly what they are tryingto do on this floor. Then, after theyhave convinced them about these hor-rible consequences, you ride into townon a white horse and say, I have thesnake oil. I have the cure. The solu-tions are heavenly. Everybody in thecommunity will live happily ever after.

Well, what are we doing here on thisso-called campaign finance reform?What does it mean? Well, of course,that is all in the eyes of the beholder,but let me go over a few buzzwords wehave heard this morning.

Just a couple of minutes ago, I heardthe good gentleman, a good friend of

mine, the gentleman from Arkansas,quoting the scriptures on campaign fi-nance reform. Then we hear the word‘‘reform;’’ now we hear the words ‘‘realreform;’’ then we hear about restoringpublic confidence. They are allbuzzwords. Convince them there is anillness out there. Exaggerate the abusethat goes on out there. Talk about cor-ruption. Describe the institution ofCongress and what a horrible institu-tion it is.

The previous speaker from Californiatalks about buying a seat in the U.S.Congress: Make it corrupt. Make itsick. We have to be able to sell thissnake oil.

Use the words, ‘‘special interest.’’ Ofcourse, we have to use the words ‘‘spe-cial interest,’’ as if everybody in heredoes not have a special interest. Minehappens to be water, mine happens tobe kids, abused children, mine happensto be the military, a strong defense. Ido not deny having a special interest,and none of my colleagues should ei-ther.

Use the words ‘‘soft money’’ over andover and over again. If we are going toconvince them of this disease, we bet-ter use the word ‘‘soft,’’ ‘‘soft,’’ ‘‘soft’’like it is the word ‘‘cancer,’’ ‘‘cancer,’’‘‘cancer.’’

Talk about the horrors of the two-party system, how horrible, what badshape this country is in because wehave the Republican Party and theDemocratic Party. Never once lookback in history to see that historyproves it is the most successful politi-cal system in the history of the world.No, no, no, we do not want to look atfacts. Do not look at the bottom line,talk about how this empowers individ-uals. Then, after we have done all this,sell the snake oil.

That is about what is going to hap-pen, folks. The average person outthere is going to get sold some snakeoil because, unfortunately, they aregoing to believe a lot of what we say. Ihope the people listening to me todaydo something that they should do whenthe snake oil salesman rolls into townand that is, look at the bottom line. Donot buy it on what you hear, do notbuy it on what you see, buy it on whatyou know to be true.

b 1345

Mr. KILDEE. Madam Chairman, Iyield 2 minutes to the gentlewomanfrom New York (Mrs. MALONEY).

Mrs. MALONEY of New York. MadamChairman, I thank the gentleman foryielding me the time.

First of all, I want to thank all of mycolleagues on both sides of the aislewho signed the discharge petition thathas brought campaign finance to thefloor, particularly the Blue Dogs, whoinitiated the petition drive in supportof campaign finance reform.

It has been a long time since theSpeaker shook on it, and a great dealhas happened since then. We have heldhearing after hearing on alleged cam-paign finance abuses, but we have

taken no concrete action to repair theproblem.

We have spent hundreds of taxpayers’dollars and hours of valuable time onhearings that have yielded nothing. Soif we spend hours and days on this floordebating reform, as long as we end upwith a strong law instead of the usualshell game, where we vote on a billknowing that it will not be enactedinto law, I do hope that the ultimateoutcome will be passage of Shays-Mee-han. It is bipartisan, it bans softmoney, it mandates disclosure, it lev-els the playing field between chal-lengers and incumbents, and it regu-lates independent third-party spending.

We need to hold elections, not auc-tions, to select our leaders. I hope wemove forward as quickly as possiblewith reform, and that we all get behindShays-Meehan.

Mr. THOMAS. Madam Chairman, Iyield myself 1 minute.

Madam Chairman, I would announcethat the Congressional Research Serv-ice document that I had mentioned atthe beginning of the debate is nowbeing made available.

For anyone who is going to be leav-ing for the break from the floor, wehave them available. Obviously, theywill be available in greater numbers aswe move through the process, andMembers can have them in their of-fices. But if Members want one now,they are beginning to arrive.

Madam Chairman, it is my pleasureto yield 3 minutes to the gentlemanfrom California [Mr. CAMPBELL], an au-thor of a major substitute who will beaddressing us at length later.

Mr. CAMPBELL. Madam Chairman, Ithank the chairman, my good friendand colleague, the gentleman fromCalifornia, for yielding me the time. Iwant to commence by complimentinghim. There is no more sincere friend ofcampaign finance reform than the gen-tleman from California [Mr. BILLTHOMAS), and I applaud his work.

Madam Chairman, I would like to usethe minutes I have to speak about thefirst amendment, about ‘‘Can’t vote,can’t contribute,’’ and about paycheckprotection.

On the first amendment, I have heardon the floor already expressed reviewthat the first amendment will not tol-erate any campaign finance reform.This is simply not true. First of all, theConstitution gives to the Congress andthe States the obligation to control thetime, places, and manner of elections.

Second, the Supreme Court of theUnited States has on at least 14 occa-sions decided what kind of speech canbe restricted. We cannot advertise adangerous product, we cannot an-nounce prices and fix them with some-body else, we cannot speak if thespeech would pose an imminent risk ofgreat danger. All of these, one mightsay, are restrictions on speech underthe first amendment, and yet theyhave been permitted by the SupremeCourt. Why is this? Because they pre-serve the fundamentals of the FirstAmendment.

CONGRESSIONAL RECORD — HOUSE H3785May 22, 1998The same is true with campaign fi-

nance reform. The Supreme Court dealtwith this most extensively in Buckleyversus Valeo, and in subsequent opin-ions as well. What that case said was, ifthe purpose and the effect of the re-form is to control the system from theabuses so that truly free speech, inhonest, legitimate debate can comeforward, then the reform is permis-sible. That, I think, fairly character-izes almost all of the alternatives wewill be debating.

The alternative on which I havespent my time is called ‘‘Can’t vote,can’t contribute.’’ It is exceptionallysimple. If you cannot vote for me, youshould not be contributing to me.

What my bill say is, a labor unioncannot vote for me, so they cannotcontribute; a company cannot vote forme, so they cannot contribute; citizensfrom the State of Missouri cannot votefor me, so they cannot contribute. (Irepresent the State of California).

I am saying, let us restrict the abil-ity to give to the very people to whomyou owe the highest responsibility,your constituents. That approach, itseems to me, would solve a hugeamount of the problem. No PACs, nolabor unions, no companies, just thepeople whom you represent, can con-tribute. ‘‘Can’t vote, can’t contribute.’’

I have to be a little bit more carefuland say that, under Supreme Courtlaw, we have to allow some smallamount of giving by others, and so Ihave a small amount that can comefrom other sources, no more than $100.

Lastly, my bill will have an expandedprotection for those people who givetheir money to some entity, and thatentity goes and uses it politically. Wehave heard how labor unions do this,but I think companies do it, too. WhatI propose is if you give your money toa company and the company decides tospend it politically, that companyought to get your approval up front.Then they can only spend as muchmoney as has been approved by theirshareholders. And similarly, if you area member of a labor union, that unionshould not spend your money withoutgetting your approval up front for theamount they wish to spend.

‘‘Can’t vote, can’t contribute’’ is sim-ple, and it is fair. Most importantly,though, it is consistent with the firstamendment. I thank the leadership ofthe Republican Party for allowing thisdebate to take place.

Ms. KILPATRICK. Madam Chairman,I yield 21⁄2 minutes to my colleague, thegentleman from Michigan [Mr. LEVIN].

(Mr. LEVIN asked and was given per-mission to revise and extend his re-marks.)

Mr. LEVIN. Madam Chairman, Ithink this debate has been illuminat-ing. The basic issue is really quiteclear: Are we basically satisfied withthe status quo, or are we not?

Yesterday the gentleman from Geor-gia (Mr. LINDER) said, in opening thediscussion on the rule, I do not believethat major changes are necessary to

the existing campaign finance laws. In-stead, he urged some kind of assurancethat the current laws we have on thebooks are going to be honored.

All I can say to him and the gen-tleman from Colorado, who tried tominimize the present problems, ismoney is swamping democratic politicsin America. I have been involved in thepolitical process for a long time. I amproud of the two-party system. It is thetwo-party system that is being erodedby money.

The issue advocacy issue is not aTrojan horse for soft money. The pointis, if we do not address not only softmoney but so-called issue advocacy adsthat are really campaign ads, we havenot closed the circle and ended theloopholes.

I think the gentleman from Califor-nia (Mr. CAMPBELL) is absolutely cor-rect about the first amendment. I hopepeople will not use it as an excuse to donothing. I want to read just a couple oflines from Buckley which indicatesthat the first amendment has to belooked at in the context of the politi-cal realities of 1976, in the case ofBuckley, and 1998 today.

It says, ‘‘The increasing importanceof the communications media and so-phisticated mass-mailing and pollingoperations to effective campaigningmake the raising of large sums ofmoney an ever more essential ingredi-ent of an effective candidacy. To theextent that large contributions aregiven to secure political quid pro quosfrom current and potential office-holders, the integrity of our system ofrepresentative democracy is under-mined. . . .’’

Then they go on to say, ‘‘Of almostequal concern as the danger of actualquid pro quo arrangements is the im-pact of the appearance of corruptionstemming from public awareness of theopportunities for abuse inherent in aregime of large individual financialcontributions.’’

What Shays-Meehan gets at is notonly these huge financial contribu-tions, but their unknown source andissue advocacy ads. If Members like thepresent system and they think the pub-lic does, go ahead and vote for essen-tially sham proposals. If Members wantbasic change, vote for Shays-Meehan.

Mr. THOMAS. Madam Chairman, it ismy pleasure to yield 3 minutes to afreshman, the gentlewoman from Ken-tucky (Mrs. NORTHRUP), someone whohas just recently been on the frontlines.

Mrs. NORTHUP. Madam Chairman, Ithank the gentleman for yielding methe time.

In my government class in my junioryear of high school, my teacher taughtmy class about civic duty. We studiedthe Constitution, and I learned thenthat that document represents a con-tract between the U.S. government andus, its citizens; and that as citizens, weare guaranteed certain inalienablerights. Those rights include our free-dom of speech.

Today we have before us a number ofproposals, all addressing the issue ofcampaign reform. The self-proclaimedreformers will talk about the problemsof public cynicism, corruption in poli-tics, and abuse of the system. Theirproposed solutions will suggest every-thing from limiting when certaingroups did disseminate their messageto capping campaign spending andusing tax dollars to fund campaigns.

The problem is that at the heart ofeach of these proposals is a muzzle onfirst amendment rights, the right tofreedom of speech. Members may ask,what does campaign financing have todo with free speech? The answer is, ab-solutely everything.

In the landmark Buckley versusValeo case, the Supreme Court ruledthat being able to raise and spendmoney is necessary for speech. Re-stricting the amount of money a per-son or group can spend in campaignsreduces their ability to express them-selves.

In today’s society, every means ofcommunicating ideas requires spendingmoney. In fact, most campaign spend-ing is used for the purpose of commu-nicating with voters. Running an ad-vertisement on television or the radiocosts money. The ink and paper used ina mail piece costs money. An ad in anewspaper costs money.

While standing on a street cornerscreaming at the top of your lungs maybe an exercise in free speech, it doeslittle to disseminate your message. Inorder to share your views with others,whether you are a candidate runningfor office or a group of individuals con-cerned about the environment, youmust have the funds and be able to buyair time or newspaper space to voiceyour opinion effectively.

While the authors of these reformproposals might say their ideas do nothamper free speech, most proposals doinfringe on the first amendment, theright to free speech.

We must remember that election ac-tivity is a healthy sign of a vibrant de-mocracy. Just as we encourage citizensto vote, we should encourage them tobe involved in campaigns. The discus-sions that swirl around campaigns arepart of engaging our citizens in cam-paigns and the issues that confrontthem.

Limiting our ability to discuss thoseissues violates our inalienable rights.Oppose limiting free speech. Oppose theShays-Meehan and Hutchison bill.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute and 15 seconds to thegentlewoman from Ohio (Ms. KAPTUR).

(Ms. KAPTUR asked and was givenpermission to revise and extend her re-marks.)

Ms. KAPTUR. Madam Chairman, Irise in strong support of the Shays-Meehan proposal as the first importantstep towards reform, the first impor-tant step. I have listened to these argu-ments about free speech. Well, ifmoney is now equated with free speech,then lack of money is equated with

CONGRESSIONAL RECORD — HOUSEH3786 May 22, 1998lack of free speech. It makes sense tome. Let the American people be thejudge.

What we really do need is a constitu-tional amendment that will overturnBuckley versus Valeo. It is outdated.Think about this. In 1994 the averageMember sitting here had to spend near-ly $1 million when they were in com-petitive House races to hold onto theirseats for a job that pays one-tenth asmuch. If they ran for the other body,the S-E-N-A-T-E, then they had tospend close to $4.5 million for a jobthat pays about $130,000 to $136,000 ayear. Let the American people be thejudge.

In 1994, no House challenger wonspending less than $100,000 in thisChamber for a job that pays $136,000. In1996, the number of congressional can-didates financing their campaigns with$100,000 or more of their own moneywas over 109 candidates.

The American people are voting atall time lows. They know that themoney changers are in the temple here.I would say to the people of New Hamp-shire and Iowa, they have enormouspower to change this system. Theyshould not let a single presidential can-didate through their States until theyare willing to agree to limits.

Mr. THOMAS. Madam Chairman, it ismy pleasure to yield 21⁄2 minutes to thegentleman from Missouri (Mr.HULSHOF), another one of those mem-bers of the freshman class.

(Mr. HULSHOF asked and was givenpermission to revise and extend his re-marks.)

Mr. HULSHOF. I thank the gen-tleman for yielding me the time,Madam Chairman.

Madam Chairman, I rise today insupport of the freshman bill, the Bipar-tisan Campaign Integrity Act of 1997.

With great respect for the gentle-woman from Kentucky who just spokerecently, and another freshman Mem-ber, I am one of those self-proclaimedreformers. There has been a lot of dis-cussion about the Shays-Meehan bill.One part that I happen to agree withthe gentlewoman from Kentucky isthat even with the motive, the goodmotive that I think is underlying thebill, I think it is unconstitutional.

b 1400

I think that it is an unconstitutionalinfringement upon the right of freespeech. The freshman bill, I think, cutsa swath down the middle. As newlyelected Members of Congress just offthe 1996 campaign trail, our class isbringing a fresh look at reforming theway that Federal elections are financedin this country. Increasingly the Amer-ican people are losing faith. They arelosing confidence in the current systemof campaign financing which reflectsupon those of us who come here.

The freshman bill is truly a biparti-san bill. It was crafted to meet theneeds of reform without unfairly im-pacting one side over the other. Withall due respect, last night we had a

very passionate debate on the rule andthe majority whip, right where I amstanding, talked very passionatelyabout the First Amendment. But withall due respect, there is no constitu-tional protection to soft money. Thereis nothing in the Constitution thatsays this unregulated, nondisclosed,big money in politics somehow enjoysthe protections of the First Amend-ment of the United States Constitu-tion. The freshman bill bans softmoney.

The other area that I think that ourbill is actually an improvement overother measures that will be fully de-bated after we get back from our recessis on the issue of issue advocacy. Wherethis bill is an improvement over theShays-Meehan bill is simply we areasking for disclosure. It is interestingthat when you have a broadcast com-mercial either on the radio or tele-vision, the FCC requires that the ad-vertisement’s sponsor must be dis-closed. Should we not at least requiresome disclosure from the FEC whenyou are engaging in broadcast? We arenot asking for disclosure of who hascontributed to these particular thirdparty groups. We simply are asking forfull disclosure. That is why I thinkthat this freshman bill is the bestmeasure. I urge its support.

Madam Chairman, I thank the gen-tleman for yielding me the time.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromIllinois (Mr. POSHARD).

Mr. POSHARD. Madam Chairman, Ispeak to a lot of college studentsaround the State of Illinois. Everytime I stand in front of those students,they look me straight in the eye andthey say to me, Congressman, we donot trust any of you guys anymore.You are all in it for yourselves. Youare all in it for the special interests.No one is in it for us any longer.

When I inquire of those students asto why they do not trust their govern-ment, why they see their governmentas the enemy rather than their friend,they always look me straight in theeye and they say, Congressman, justfollow the money, just follow themoney. You will know why we do nottrust you.

They are not wrong. Those studentsknow that money in our governmenttoday leads to access, and access leadsto influence, and influence leads to pol-icymaking that is not always in thebest interest of all of our people. Trustis the glue that holds our democraticsystem together. Without trust, it be-gins to unravel for all of us. If there isanything important in America, it isthat every citizen ought to enjoy equalaccess to every door of representationin this government. That is our respon-sibility in this Chamber, to make thathappen.

Madam Chairman, I am very pleased tohave the opportunity to rise today and add mycomments on an issue of deep concern to my-self and many of my colleagues. At long last,this House is engaging in a meaningful debate

on one of the most significant, controversialand urgent issues facing our nation—the re-form of our nation’s campaign finance laws.

The overhaul of our campaign finance sys-tem is a goal I have supported for manyyears. I strongly believe that we must reducethe overwhelming influence of money and re-turn our campaign system to its roots of citi-zen legislators who challenged each other onthe issues and their vision of the future. Dur-ing my service in the Illinois Legislature and inthis body, I have witnessed first-hand the ef-fect that special interest money can have onhonest debate and the integrity of the legisla-tive branch of government.

In the absence of meaningful progress onthis issue on the national level, I have soughtto reform the financing of my own campaignsby refusing all PAC donations and relying in-stead on small contributions from individuals.Although I have often hoped that in this way,a few of my colleagues and I were setting anexample for others to follow, it is not at all dif-ficult to understand why only a handful havedone so. It is indeed a daunting task to run acampaign without the easy donations that flowfrom special interests. But I would rather riseto the challenge and struggle to overcome thisobstacle freely and honestly than continue towork within a system that has become irre-versibly corrupted by the Influence of money.

There are those who will argue that the re-forms we are seeking will place undue restric-tions on the ability of interest groups to pub-licize their views. While I understand this con-cern, and I certainly do not support measuresthat infringe on First Amendment rights, I feelthat the damage that money has inflicted onour political system can no longer be ignored.I am convinced that if reforms are enacted,sufficient opportunity will remain for groupsand individuals to continue to make the opin-ions known in a meaningful and effective way.

The bill which has been brought to the floortoday does not encompass my vision of cam-paign finance reform. However, I am gratefulthat the leadership has provided for consider-ation of many substitutes to this legislation,and I am hopeful that as this debate contin-ues, my colleagues and the American peoplewill join me in calling for a solution to this ur-gent problem. I believe that the Shays-Mee-han bill represents the best vehicle for reform,and I will vote for its passage as a substituteto H.R. 2183. But regardless of the outcomeof the votes we will cast as this process con-tinues, the discussion itself marks a milestonein the House, and I strongly urge all membersto take advantage of this historic opportunityto return politics to the American people, sothat they can take pride in their governmentand in the role they play in the democraticprocess.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentlewomanfrom Connecticut (Ms. DELAURO).

Ms. DELAURO. Madam Chairman,Americans want fundamental changeor a complete overhaul of the cam-paign finance system. They wantmeaningful limits on the out-of-controlmoney in politics, and they want itnow. We need to end the abuses of theelectoral process, ban soft money, reinin the exploitation of issue ads andbring elections back home to theAmerican people.

During this debate the Republicanleadership will try to change the topic

CONGRESSIONAL RECORD — HOUSE H3787May 22, 1998and, yes, to sell snake oil. It will try toturn attention away from all the goodideas that are out there to truly reformour elections and, instead, will try tofocus debate on proposals specificallydevised to bury elections deeper in thepockets of big money and of their spe-cial interests, to silence the voices ofworking men and women, and to killreform.

Do not be fooled by the Republicanleadership’s all smoke and mirrors rou-tine. Americans are tired of the games.We have the votes in this House to passreal reform. It is the Republican lead-ership that would thwart the will ofthis House and thwart the will of theAmerican public.

Vote for Shays-Meehan, vote for avictory for the American people. Givetheir voices back to democracy.

Mr. THOMAS. Madam Chairman, Iyield 2 minutes to the gentleman fromMissouri (Mr. BLUNT), another memberof the freshman class.

Mr. BLUNT. Madam Chairman, todaywe have really started what can be agreat debate in this House. We areoften frustrated by how long the Sen-ate takes to talk about the ideas thatthey talk about. We are also often frus-trated by the fact that we do not havethe time to chase important ideas toan important conclusion.

The law of unintended consequencesseems to particularly appeal everytime we try to change our campaign fi-nance laws. In fact, many of the thingswe will talk about in this debate willbe why the reforms after Watergatehave not worked. Many of the thingswe will talk about is why we cannotenforce the laws we have.

If there is a smoke and mirrors prob-lem, like I just heard that term used,in our law today, the smoke and mir-rors problem is why we cannot enforcethe laws we have and how we turn thatinto a debate about why we need morelaws. But we do have time for this de-bate. This is a debate that goes to thecore of our process. It goes to the coreof what the next generation of folkswho run important public office arelikely to deal with. We can take thetime. We have the time. We are goingto talk about important things.

I just heard a moment ago the needto rewrite the First Amendment. I amnot opposed to revisiting the Constitu-tion. In fact, I was for revisiting theConstitution recently when we talkedabout the need to have a balancedbudget amendment in the Constitution.But many of my colleagues who nowwant to rewrite the First Amendmentsaid, it is way too dangerous to talkabout an amendment, a new amend-ment that would protect the way wespend taxpayers money, but we aregoing to have a debate on whether it istoo dangerous or not to talk about theway we protect the speech of votersand citizens.

These are big issues. This is a debatethat deserves the attention it is goingto have. I am grateful that we have anopportunity in this debate that we sel-

dom have on this side of the Capitol tohave a full and free exchange of ideas.I am pleased to see it start here today.

Ms. KILPATRICK. Madam Chairman,may I inquire as to the remaining timeon both sides?

The CHAIRMAN. The gentlewomanfrom Michigan (Ms. KILPATRICK) has133⁄4 minutes remaining, and the gen-tleman from California (Mr. THOMAS)has 11 minutes remaining.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentlewomanfrom California (Ms. ESHOO).

Ms. ESHOO. Madam Chairman, Ithank the gentlewoman for yielding methe time.

The most often asked question of meat home, especially with the youngpeople that I represent in California’svery distinguished 14th congressionaldistrict, is the following: What got youinterested in politics, and why do youwant to be in it? What do you want toget done?

I was attracted to public service at avery early age when I was in highschool. We did not vote then. You hadto be 21 years old to vote. And I becameinvolved in the presidential campaignof John Fitzgerald Kennedy When hewon, I honestly felt that I had put himover the top with the work that I haddone. It was a time when public servicewas celebrated. Today in 1998, 38 yearslater, I am sorry that we cannot reportthe same thing. Why? Because peopledo not believe that this place is on thelevel.

And they are right. Why? Becausemoney influences everything thattakes place here.

We must step up to the bar and en-courage the American people that theycan indeed have confidence in this in-stitution and their representatives byreforming a broken congressional fi-nance campaign system. Vote for theMeehan-Shays bill. It is the real one.We should pass it, and we should bejudged as to whether we have voted forit or not.

Mr. THOMAS. Madam Chairman, Iyield 2 minutes to the gentleman fromWashington (Mr. METCALF), a memberof the freshman class.

Mr. METCALF. Madam Chairman, Iwould like to thank the gentlemanfrom California (Mr. THOMAS) for yield-ing me the time and congratulate theSpeaker and the leadership for keepingtheir commitment and allowing thisdebate today.

Madam Chairman, I am one of theMembers totally committed to a fulldebate on this issue. I would even havesigned the discharge petition to force afull and open debate. I am gravely con-cerned about the present campaign sys-tem because the American people havelost faith in the way Congress is elect-ed. It has to be changed. By reformingour campaign finance system, we aremoving forward on a new course thatwill empower people’s faith in the po-litical process. I have looked forwardto this debate and I sincerely hope thatwe will enact real and honest campaignfinance reform.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromTexas (Mr. TURNER), the Lone StarState.

Mr. TURNER. Madam Chairman, Ithank my fellow freshmen, Democratsand Republicans, who are fighting forcampaign finance reform. I also thankmy fellow blue dog Democrats whoworked to bring this issue to the floorby pushing the discharge petition call-ing for a fair and open debate.

Why are we fighting so hard? Becausewe believe that big money has a cor-rupting influence upon politics. Wewant votes, not dollars, to count inthese halls. We want the strength ofone’s argument, not the size of one’spocketbook, to determine public pol-icy. And we want to ensure that thisgovernment is not for sale to the high-est bidder.

The American people deserve toknow that this Congress investigatesevery allegation of campaign financeabuse, not to secure partisan advan-tage but to restore public trust andconfidence in government.

While we investigate allegations sur-rounding Johnny Chung and possiblecorporate influence on decisions togrant licenses to sell technology toChina, let us not forget that at the endof the day it is about big money in thepolitical process.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromNorth Carolina (Mr. PRICE).

Mr. PRICE of North Carolina. MadamChairman, I want to take a moment tothank the gentleman from Connecticut[Mr. SHAYS] and the gentleman fromMassachusetts [Mr. MEEHAN] for in-cluding a variant of my ‘‘stand by yourad’’ proposal in their campaign financereform substitute.

A little over a year ago, I introducedstand by your ad, based on a goodNorth Carolina idea from Lt. GovernorDennis Wicker, to make a real changein campaign advertising.

Stand by your ad is a bipartisan pro-posal sponsored by the gentleman fromCalifornia [Mr. HORN] and myself and13 others. Our bill would require simplythat candidates appear in their tele-vision ads and say that they sponsoredthe ads. It would require the same forradio advertisements. The disclaimerfor print advertising would also be en-hanced.

Our proposal will not dictate the con-tent of ads. But it will make can-didates think twice before running adistorted or a mud-slinging advertise-ment, for they will have to take re-sponsibility for what they put on theair and the voters will be more likelyto hold them accountable.

We must change our electoral systemin a real and positive way. I believe theShays-Meehan bill offers us the bestopportunity we are likely to have to dothat. I am grateful that the sponsorshave included ‘‘stand by your ad’’ intheir substitute, to strengthen the re-quired disclaimer and thereby to im-prove the tone and content of cam-paign advertising.

CONGRESSIONAL RECORD — HOUSEH3788 May 22, 1998This year we have a real opportunity

to change the rules. We need to workacross party lines to reform how weconduct campaigns. I urge my col-leagues to join us and the other co-sponsors of the Shays-Meehan bill insupporting real campaign reform byvoting for the Shays-Meehan sub-stitute, including ‘‘stand by your ad.’’

Mr. THOMAS. Madam Chairman, Iyield 4 minutes to the gentleman fromFlorida (Mr. MICA), a member of theCommittee on House Oversight.

b 1415Mr. MICA. Madam Chairman, I thank

the chairman of our Committee onHouse Oversight for yielding me thistime and also for his distinguishedleadership on this issue.

My colleagues, we have ourselves in areal pickle here. I have served on theCommittee on House Oversight, and wehave had to tangle with this dilemmain committee. The chairman has triedto act and Members have tried to act ina very responsible and responsive man-ner to the will of the House.

We sat for days and days in meetingafter meeting. We heard at least 40Members of the House with their var-ious proposals as to how to revise ourcampaign laws. I sat through much ofthat testimony. And that is part of theproblem.

No one is trying to deep six campaignreform, as we have heard some ac-counts in the media or some of my col-leagues on the other side or this sidesay. I think people want meaningfulcampaign reform. And our committeetangled with this, and we brought outmeasures, and we gave the House anopportunity to vote on it. But now thisHouse is going to suffer the same fatethat our committee suffered.

I am not here to speak for or againstone measure or the other, but I tell mycolleagues that the reason we have 500amendments and dozens of bills andproposals and differences of opinion is,in fact, we have 435 Members.

My colleague from California (Mr.HORN) summed it up so well when hesaid, we have 435 experts on this issue.And that is our problem.

But let me tell my colleagues whatthe American people want, and my col-leagues have heard at this podium hereall the condemnations. Actually, thatis the side that controlled the WhiteHouse, this House and the other bodyfor several years and had completepower to change all the laws that they,in fact, passed and eliminate theseabuses, but they did not.

So here we are in an open discussion,and we are going to have to sortthrough this, and we have a great dif-ference of opinion on it because we areall experts.

We have all been abused by the sys-tem. I hate soft money. I was abused byit. I would love to ban it. The onlyproblem is this little thing that gets inthe way, the Constitution, which Icarry around. And if my colleagues canfind a way around the Constitution,then go at it.

But I want to tell my colleagueswhat the American people are upsetabout, and I am offended by some ofthe debate here today. The Americanpeople are disgusted because the lawson the books have been abused andmisused. We have heard that we aregoing to investigate to the end, but wedo not investigate to the end.

I sit also on the Committee on Gov-ernment Reform and Oversight, wherewe have heard a parade of witnessesthat go on and on about campaignabuses of existing laws. It is illegal forforeign governments to contribute. Itis illegal for foreign citizens to contrib-ute. It is illegal under the laws.

And I stacked one day in the hearingall the laws that had been violated, thestatutes of the United States of Amer-ica. Illegal conduit payments. That isillegal. And I heard it is illegal for con-duit payments.

And then I heard the testimony andthe tape of the President of the UnitedStates saying, we found a way to takeamounts of money in 20s, 50s and hun-dred thousands, go get it, play it, tosubvert the presidential election proc-ess that we put in place with some pub-lic money to avoid these abuses.

So, yes, the laws are on the books;but, yes, they have been violated. Andpeople want, 74 percent of the Amer-ican people, when polled, said theirnumber one priority is enforcing thelaws that are on the books.

So we face today this dilemma: Thosewho say we want to clean up and enactnew laws; those who want to affrontthe Constitution. We will have to makethe choice.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromVermont (Mr. SANDERS).

(Mr. SANDERS asked and was givenpermission to revise and extend his re-marks.)

Mr. SANDERS. Madam Chairman, ifAmerican citizens are concerned thatCongress continues to represent the in-terests of the wealthy and the powerfulat the expense of the middle-class andworking families, then the Americanpeople must get involved in the fightfor real campaign finance reform.

Our Republican friends want to in-vestigate the role that campaign con-tributions might have played on Presi-dent Clinton’s China policy. Well, weshould investigate that issue fully andfairly, but we should also investigatethe role that campaign contributionsplay in our tobacco policy, our healthcare policy, our tax policy, our bankingpolicy, and many other policies that wedeal with.

Big money interests are pouring hun-dreds of millions of dollars into the po-litical process, and the wealthiest 1⁄4 of1 percent provide over 80 percent ofcampaign contributions. More andmore millionaires are running for of-fice while the middle class and workingfamilies are voting less and less andparticipating in lower numbers.

Let us have the guts to pass realcampaign finance reform, and let us doit now.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentlewomanfrom Michigan (Ms. RIVERS).

Ms. RIVERS. Madam Chairman, Itook this picture off the wall of my of-fice. I purchased it several years agofrom a high school art competition inmy district. It was produced by JeffVogelsberg, a student at that time in ahigh school in my district.

As my colleagues can see, or maybethey cannot see, it is a picture of a carmade out of money that has lassoedand is taking away the Capitol of theUnited States.

We have a saying in our language,‘‘out of the mouths of babes,’’ whichreally speaks to the sort of pure andperfect insight of children, the abilityto get to the nub of the issue. And, infact, Madam Chairman, this is how ourchildren see us. And it is, of course,these children who will grow up andwrite the history books of the future.

And what do my colleagues thinkthey will have to say about us? Howwill we be portrayed? Will this Con-gress be portrayed as supporters of asystem with integrity and honor, orone of money that is so powerful it canpull the Capitol of the United Statesfrom its very foundation?

Support Shays-Meehan.Ms. KILPATRICK. Madam Chairman,

I yield 1 minute to the gentlewomanfrom Texas (Ms. JACKSON-LEE).

(Ms. JACKSON-LEE of Texas askedand was given permission to revise andextend her remarks.)

Ms. JACKSON-LEE of Texas. MadamChairman, I thank the gentlewomanfor yielding me this time, and I want tosay that, yes, we are beginning this de-bate on campaign finance reform, butwe dare not close our eyes. We may notever end it, and we may not get achance to vote on real campaign fi-nance reform, and that is the Meehan-Shays legislation.

I hope I can go home and tell thechildren in my district that they arethe ones that control and direct our ef-forts up here in the United States Con-gress and not the special interests.But, my colleagues, I have some spe-cial insight. Because as we are goingthrough the bankruptcy revisions, wenow see the impact of special interestswho want us to eliminate provisionsthat would allow hard-working Ameri-cans, who have come upon hard times,who have had catastrophic illnesses, tobe able to go into bankruptcy courtfairly and honestly and save them-selves and their homes and their chil-dren’s homes.

We need to realize that real cam-paign finance reform is to get rid of thespecial interests. And real campaign fi-nance reform is to vote for the Meehan-Shays, and not for the nongermaneamendments, 500 of them, maybe, thatwill come up when we come back so wenever get a chance to vote for Meehan-Shays.

I hope that does not happen. Vote forMeehan-Shays for real campaign fi-nance reform for our children.

CONGRESSIONAL RECORD — HOUSE H3789May 22, 1998Ms. KILPATRICK. Madam Chairman,

I yield 1 minute to the gentleman fromNew York (Mr. ENGEL).

Mr. ENGEL. Madam Chairman, Ithank the gentlewoman for yielding methis time, and I rise in strong supportof campaign finance reform.

I will vote for both the Shays-Mee-han bill and the bipartisan freshmanbill, because I think that those bills goa long, long way in helping to clear upthe problems that we have, although Ithink we still have a long way to go.

The Buckley-Valeo decision by theSupreme Court, in my opinion, was oneof the worst decisions that was everput forth in the Supreme Court, equat-ing free speech and money, saying thatmoney, money and more money can bespent on campaigns. We have a situa-tion where only millionaires can affordto run for office in this country. Andthat is the real threat to our democ-racy, when the average person can nolonger run for office because it costs somuch to run for office and the specialinterests so dominate it with money,money, and more money.

Public financing, in my opinion, isthe way to go, because that would eventhe playing field and level the playingfield. It is obvious we are not going toget that, so we need to have some kindof restrictions on the obscene amountsof money it takes to run for office inthis country.

Are we saying that only wealthy peo-ple should serve in the United StatesCongress? We have more and more mil-lionaires here. There is nothing wrongwith millionaires, I wish I was one ofthem, but I do not think they are theonly people that ought to serve in theU.S. Congress.

We need campaign finance reform,and we need it now. It is a threat toour democracy to do nothing. Let usmove on this. Pass Shays-Meehan andthe freshman bill.

Mr. THOMAS. Madam Chairman, Iyield 21⁄2 minutes to the gentlemanfrom Michigan (Mr. UPTON), who hasbeen involved extensively in the areaof campaign finance reform.

Mr. UPTON. Madam Chairman, nottoo long ago I spent some time withone of the most distinguished journal-ists in this country, David Broeder. Hemade a very good point that the mostpopular thing that Americans watchand enjoy is probably NFL football orcollege football.

They do not focus on the missed passpatterns, the overthrown passes, theblocks that go awry. They look at theTDs, a Desmond Howard running back,a punt return, a Charles Woodson mak-ing a great defensive play in the endzone, a Brian Griese getting thattouchdown pass in the Rose Bowl.

Sadly, our political system, indeed,focuses on the bad, the opposite, thenegatives. So-and-so is against the el-derly. They are a big spender. They arefor higher taxes. They are for pornog-raphy, even kiddie porn. That is whatwe have come down to with these nega-tives.

And, sadly, those negatives are lednot by the candidates. The candidatesare not responsible for that kind ofjunk, but, instead, the independent in-terest groups that have taken over thesystem.

They have discovered a gigantic loop-hole. They have discovered that theycan pour unlimited amounts of moneyinto a campaign, hundreds of thou-sands, maybe even a million dollars. Itis not reported, it is not disclosed, and,in fact, they have no direct responsibil-ity.

Well, that buying of this House hasgot to end. It is time to return thisHouse to the people’s House.

I can remember not too long SpeakerFoley did not really allow an open ruleon campaign finance reform. A gen-tleman here by the name of MikeSynar, myself, and the gentleman fromLouisiana (Mr. BOB LIVINGSTON)worked together on a bipartisan cam-paign plan, and it was a good one, andwe were turned down by the Committeeon Rules on a vote by just a handful ofvotes, 220 to 213.

I applaud our bill leadership, and Iapplaud the gentleman from California(Mr. BILL THOMAS) for working to con-struct the bipartisan vote that we hadlast night that is an open rule so thatMembers from every stripe in thisChamber can debate the issues for per-haps a couple of weeks based on theamendments that were filed, and wecan sort this thing out and we can endsome of these abuses and return thisHouse to the people’s House.

Madam Chairman, we need reform.The country wants reform. We want re-form. Together, we can do it. Let uslook at these issues. Let us look at allof the amendments and the substitutes.And, at the end of the day, let us notfall short and reject what comes out.Let us pass something and get it backto the Senate.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromWashington State (Mr. ADAM SMITH),someone who has been waiting a longtime this afternoon.

Mr. ADAM SMITH of Washington.Madam Chairman, I rise in strong sup-port of the Shays-Meehan bill.

Let me first say that I think it isgood that people are interested enoughin the process to contribute money to acandidate and get involved. The key isto have a reasonable contribution limitso that some people do not have somuch more influence than other peoplethat those other people are discouragedfrom participating. Unfortunately,that is the system we have right now.

Shays-Meehan does a very good job offixing that problem by banning softmoney, limiting issue advocacy, andbeefing up the enforcement mecha-nisms the FEC has to enforce the exist-ing laws. I think placing reasonablelimits on contributions makes sense,and Shays-Meehan maintains thoselimits.

I do want to caution folks aboutgoing too far down the road about how

corrupt we are if we receive campaignmoney. I do not believe that to be thecase. However, we do need to keep aceiling on contributions so that certainindividuals do not have undue influ-ence. I think a limit of $1,000 per indi-vidual, $5,000 per PAC makes sense.

The problem is that between softmoney and third-party expenditures,those limits have been rendered mean-ingless. Shays-Meehan takes a firststep towards fixing that problem, and Iurge my colleagues to support thatbill.

b 1430Ms. KILPATRICK. Madam Chairman,

I yield 1 minute to the gentlewomanfrom Michigan (Ms. STABENOW).

Ms. STABENOW. Madame Chairman,I rise today in strong support of the ef-forts to create real campaign financereform. At the end of the day, it willnot be what we said, what fingers wepointed at each other; it will be wheth-er or not we actually got anythingdone. That is what people will judge uson.

I want to commend my colleagues inthe freshman class who have worked sohard on both sides of the aisle to bringthis issue forward and to put a bill infront of us that makes sense. Also, thegentleman from Connecticut (Mr.SHAYS) and the gentleman from Massa-chusetts (Mr. MEEHAN) who haveworked so hard to put together a bipar-tisan bill.

We have two opportunities in front ofus, either of which moves us in theright direction. And I would encourageus not to get bogged down in fingerpointing, not to get bogged down in 11substitutes, over 500 amendments, butto instead, when we have the oppor-tunity to come back in another weekto vote on whether or not we want lessmoney in the system or more, that wevote for less; whether we want more ac-countability, whether we want folks tobe able to make up names and run adswithout any accountability for us orfor our constituents to know who theyare, or whether we want fairness,whether we want accountability.

Let us vote for accountability. Let usvote for real campaign finance reformnow.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromIllinois (Mr. DAVIS).

Mr. DAVIS of Illinois. Madam Chair-man, I thank the gentlewoman fromMichigan for yielding me the time.

Literally, money talks; and when itspeaks, it drowns out all other politicaldiscourse. Money has distorted, cor-rupted, and perverted our political sys-tem. It is time to get back to the ba-sics of democracy. We are past the timefor halfway and halfhearted patches onthe system.

Belief that disclosure alone will rem-edy the problem is like belief in thetooth fairy. Solving the problem byjust regulating soft money is about aslikely to happen as expecting pigs tofly. I believe that the basic principlesof campaign reform are these:

CONGRESSIONAL RECORD — HOUSEH3790 May 22, 1998Take seriously some of the money

out of the equation. Provide some pub-lic financing for all Federal campaigns.Set a limit on Federal candidates’ useof private money. Provide voters withenough information, unfiltered, tomake serious decisions. Create an inde-pendent agency that will report on theactivities of all paid lobbyists, who andwhen they lobby.

It is only when we take the moneyout that democracy will come in.

The CHAIRMAN. The gentlewomanfrom Michigan (Ms. KILPATRICK) has 33⁄4minutes remaining.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromTennessee (Mr. FORD).

Mr. FORD. Madam Chairman, let mefirst say to my colleagues on the leftand the right who seem so deeply con-cerned about the constitutional rami-fications of a campaign finance pack-age, I would remind them that nextweek when we return from our Memo-rial Day recess that one of our col-leagues the gentleman from Oklahoma(Mr. ISTOOK) will bring a piece of legis-lation to the floor that seeks to rewritethe First Amendment in certainlymore egregious ways than perhaps thiscampaign finance legislation will.

But I say to my colleagues on bothsides of the aisle, what is it that we areafraid of when it relates to campaignfinance reform? What is it that we areafraid of when we talk about takingless money? What is it that we areafraid of when we talk about lessmoney in this entire political system?

This is the same body that had thecourage to say to welfare recipientsthroughout this Nation, and I votedwith them, we are going to place a 2-year time limit on them. We are goingto limit the amount of funds. This isthe same Congress that said to those inthe Dakotas, when the floods ravagedthose areas, we are going to makethem wait for disaster aid relief.

What is it about campaign finance re-form that irks and irritates so many inthis Congress? I would hope that wecan find the courage to reach downdeep inside to find the courage that isneeded to not only reform these lawsand restore the integrity to this sys-tem but to do what is right for the fu-ture of this Nation and the next gen-eration of Congresspeople that will oc-cupy our seats.

Ms. KILPATRICK. Madam Chairman,I yield 1 minute to the gentleman fromNew York (Mr. SCHUMER).

(Mr. SCHUMER asked and was givenpermission to revise and extend his re-marks.)

Mr. SCHUMER. Madam Chairman, Ithank the gentlewoman for yielding methe time.

Let me say this debate will test thisHouse as it has not been tested in adecade. Admittedly, this is not thenumber one political issue on theminds of the public. Probably no onewill lose their reelection because of it.But clearly, if we care about this Con-gress and care about this democracy,

this is the issue that is driving theGovernment further and further andfurther from the people. Reform it wemust. Those who love this democracy,those who believe in what the Found-ing Fathers said, should be on the sideof this issue.

And second, I have heard more croco-dile tears shed over the First Amend-ment from the very same people whospend a career bashing the NationalEndowment for the Arts and every-thing else that I am just amazed.Methinks that there is too much pro-test here.

I do not think the issue is the FirstAmendment. No amendment is abso-lute. I do not think that these new-found converts to the First Amend-ment fear that that amendment will beinfringed. They try to infringe on itevery week on the floor of this House.I think they are afraid of reform, theyare afraid of government coming clean.

The CHAIRMAN. The gentlewomanfrom Michigan (Ms. KILPATRICK) has 13⁄4minutes remaining.

Mr. THOMAS. Madam Chairman, Iyield 11⁄2 minutes to the gentlemanfrom Florida (Mr. STEARNS).

Mr. STEARNS. Madam Chairman, ifwe like our legal system, after this de-bate on campaign finance reform,where we have 10 substitutes and over300 amendments, we are going to loveour campaign finance.

What we need to do is enforce thecampaign finance laws that are on thebooks and work together to simplify sothat the American people are beingwell-served. Now, a lot of people willsay, well, this is a case of being able tohave free speech. I think so. But sim-plicity is the path to strengthening oursystem and allowing Americans to fi-nally trust their elected Federal offi-cials.

We can gain a lot of credibility withthe American people by actually inves-tigating and enforcing the currentlaws. No one on this side of the aisle istalking about enforcing the currentlaw, especially as it concerns fund-rais-ing in churches, in Buddhist temples,campaign or other financial solicita-tion from executive office buildings,foreign contributions and other illegal-ities that occurred during the 1996 cam-paign cycle.

I believe we need to preserve the free-dom of any individual or group tospeak out on issues. Some of the pro-posals being offered clearly violate theFirst Amendment guarantee of freespeech. Therefore, some of these pro-posals are clearly unconstitutional.

Let us pass sensible campaign fi-nance reform that enjoys the wide-spread support of all the American peo-ple.

Ms. KILPATRICK. Madam Chairman,I yield 13⁄4 minutes to the gentlemanfrom Connecticut (Mr. GEJDENSON).

Mr. GEJDENSON. Madam Chairman,the debate here is how to instill con-fidence in the voters of this countryand their elected officials. There is noplace on earth where the connection

between the elected and the electors iscloser. But as the amounts of moneyrushing into campaigns through everypossible back door and front door con-tinue to grow, the American people’srespect for this Government continuesto diminish.

There is an advantage on the Repub-lican side. I think their constituentsare often less bothered by $100,000 con-tributions. We tend to represent bluecollar people that are astounded bythose numbers.

The Democratic record is clear. In1971, we started with the FEC andoverrode President Nixon’s veto. In1974, we passed campaign finance re-form. Yes, the court gutted it. But re-member, the Supreme Court for 50years said separate and equal are okay,until 1954 in Brown v. Board of Edu-cation when they reversed themselves.

In 1993, the House, under Democraticleadership, passed the campaign fi-nance reform; and in 1994 we put it onGeorge Bush’s desk to see him veto it.When President Clinton got elected, wegot legislation through both housesand it was filibustered to death in theSenate. Had that gotten past the Sen-ate filibuster, this President wouldhave signed it.

Let us pass MCCAIN/FEINGOLD in itsform in the House, get it to the Senate,and get those couple more votes weneed to break the filibuster. We havemore than a majority for reform in theSenate, and this President will sign thebeginning of real campaign finance re-form with the leadership of the menand women in this House of Represent-atives.

Mr. THOMAS. Madam Chairman, Iyield myself the remaining 2 minutes.

We have heard the general debate oncampaign reform; and true to form, itis an attempt to move the discussion toclass warfare and righteous indigna-tion. I would like to bring some of thefundamentals in focus, if I might.

We have heard a piece of legislationreferred to on our side of the aisle asShays/Meehan. We have heard thatsame legislation referred to on theother side of the aisle as Meehan/Shays. I think that pretty well sums uphow significant the substance is. Thesepeople are so desperate in terms of theneed to package this in a way that,their reform, that they actually re-verse the name of the legislation.

In that CRS booklet that I providedmy colleagues, I do apologize to mycolleagues on the other side of theaisle, it is listed as Shays. He is theprincipal author. It is Shays/Meehan.But we will hear them repeatedly sayMeehan/Shays. So much for substance.This is all about style on their part. Weare concerned about the First Amend-ment, and we guarantee it will be pro-tected.

For those of my colleagues who donot have the CRS copy, I am pleased toannounce that by the end of businesstoday, for those on the web, the cite iswww.house.gov/cho. That iswww.house.gov/cho for the Internet

CONGRESSIONAL RECORD — HOUSE H3791May 22, 1998

1 For a fuller analysis of this bill, see NRLC’smemo, ‘‘An Analysis of the Speech-Restriction Pro-visions of the Shays-Meehan Bill (H.R. 3526).’’ For anexamination of statements by advocates of the bill,and their implications, see ‘‘Do American VotersNeed Speech Nannies?’’ by NRLC Legislative Direc-tor Douglas Johnson (Sept. 30, 1997), available atwww.nrlc.org/dimwit.html.

copy of the Congressional ResearchService’s factual analysis of the var-ious substitutes that will be in front ofus.

Madam Chairman, I look forward to asubstantive debate over the specifics ofthese issues, especially in regard to theconstitutionality of the measures thatwe will be looking at.

Mr. FORD. Madam Chairman, willthe gentleman yield?

Mr. THOMAS. I yield to the gen-tleman from Tennessee.

Mr. FORD. Madam Chairman, I havethe greatest respect for the gentlemanfrom California (Mr. THOMAS). Butwhat difference does it make if it iscalled Meehan/Shays or Shays/Meehan?

Mr. THOMAS. Madam Chairman, re-claiming my time, if it does not makeany difference, why not call it by itsproper name, Shays/Meehan?

Mr. FORD. Madam Chairman, if thegentleman would further yield, vote forShays/Meehan then.

Mr. SANDERS. Mr. Speaker, Some maythink the discussion of campaign finance re-form is esoteric—not related to the real day today problems and concerns of ordinary peo-ple. Wrong. If we are concerned to know whythis country has the most unfair distribution ofwealth in the industrialized world, and why therichest person in this country owns morewealth than the bottom 40 percent of our pop-ulation-then you are talking about campaign fi-nance reform, and the role that big moneyplays in the political process.

If you want to know why last year Congressgave huge tax breaks for the rich and largeCorporations, and then proceeded to cut Medi-care by 115 billion dollars—then you are talk-ing about campaign reform, and the role thatbig money plays in the political process.

If you want to know why this country spendsmore money per capita on health care thanany other industrialized country, and why 40million Americans have no health insurance atthe same time as insurance companies andpharmaceutical companies make huge prof-its—then you are talking about campaign fi-nance reform and the role that big moneyplays in the political process.

And on and on it goes. The rich get richer,the middle class shrinks and we have thehighest rate of childhood poverty in the indus-trialized world-and big money plays a majorrole in determining the agenda of both politicalparties.

Mr. Speaker, the current campaign financesystem is obscene and the situation is becom-ing worse and worse everyday.

Our republican friends have recently madeallegations against President Clinton regardingthe influence that campaign contributionsmight have had on the Presidents policy to-wards China and Chinese missiles. This is avery serious allegation that should be fully andfairly investigated, but so should the role thatcampaign contributions play in our tobaccopolicy, in our health care policy, in our bankingpolicy, in our environmental policy, and inmany other areas.

Since 1991 the pharmaceutical industry hasgiven more that 18 million dollars in politicalcontributions and today we have the highestcost of prescription drugs in the world. The oilgas and chemical industries have providedover 24 million dollars in campaign contribu-

tions, and they get away with murder in termsof environmental destruction.

Some in this body say that the problem iswith labor unions and the big money that laborspends. In the 1995–1996 election cycle cor-porations and groups and individuals rep-resenting business interests out spent labor 12to 1. In fact, the wealthiest one quarter of onepercent provides 80 percent of the campaigncontributions and it is incomprehensible thatsome want to relax restrictions and enable therich to contribute even more.

Mr. Speaker, this congress must end theobscenity of the current system which allowsbig money to buy and sell politicians like wewere just another commodity.

This congress can learn a lot from my ownstate of Vermont which has passes seriouscampaign finance reform which severely limitsthe power of big money over the political proc-ess. Ultimately, what this congress must do iseliminate soft money completely; limit the totalamount of money that can be spent in a cam-paign by a candidate, and move us in the di-rection of matching public funding with smallindividual contributions.

The day must come when once more in thiscountry democracy means one person onevote, and not the current obscenity in whichmultinational corporations and individuals con-trol the process.

Mr. DELAY. Mr. Chairman, a diverse coali-tion of citizens groups ranging from the Amer-ican Civil Liberties Union (ACLU) to the Na-tional Right to Life (NRLC) have demonstratedthat the Shays/Meehan and the Hutchinsoncampaign reform bills are nothing short of at-tacks on freedom of speech.

I hope my colleagues will take some time toread the following analysis distributed by Na-tional Right to Life Committee. The NRLC cor-rectly points out that these two bills containpatently unconstitutional government regula-tions that should not be supported by theHouse of Representatives.

THE SHAYS-MEEHAN BILL’S YEAR-ROUNDRESTRICTIONS ON FIRST AMENDMENT RIGHTS

The most recent version of the Shays-Mee-han bill (H.R. 3526) is taken from the Sep-tember 29, 1997 version of the Senate McCain-Feingold bill. This bill contains multipleprovisions that blatantly violate the Su-preme Court’s long-established First Amend-ment rulings. In Buckley v. Valeo (1976) andlater cases, the Court has emphatically heldthat the government may not regulate com-mentary on politicians except for ‘‘expressadvocacy,’’ a term that the Court has saidmust be confined to communications thatuse explicit words to expressly urge a votefor or against an identified candidate.

As the Court stated in Buckley, ‘‘So longas persons and groups eschew expendituresthat in express terms advocate the electionor defeat of a clearly identified candidate[i.e., ‘‘express advocacy’’], they are free tospend as much as they want to promote thecandidate and his views.’’ Such constitu-tionally protected commentary on politi-cians’ positions is referred to by the legalterm of art issue advocacy. This memo sum-marizes multiple provisions of the Shays-Meehan bill that infringe on such constitu-tionally protected speech.1

YEAR-ROUND RESTRICTIONS ON CONSTITUTIONALLYPROTECTED SPEECH

1. The bill would redefine illegal corporatecampaign activity so broadly that, at anytime of any year, a non-PAC incorporated or-ganization would risk being the target of acomplaint to the Federal Election Commis-sion (FEC), alleging illegal corporate cam-paign expenditures, and subsequent costlyinvestigation and litigation, any time itissues a print, broadcast, or other type ofcommunication to the public that mentionsthe name of a Member of Congress (or othercandidate) with any sort of explicit or im-plicit viewpoint regarding the rightness orwrongness of that politician’s position. Thisis because any such commentary could beviewed by some politician or regulator asconstituting ‘‘unmistakable and unambig-uous support for or opposition to’’ a can-didate, which the bill would redefine as ‘‘ex-press advocacy.’’ (Section 201) For example,if NRLC distributed a brochure that con-tained a description of partial-birth abor-tion, followed by the simple statement, ‘‘OnMay 20, 1997, Senator Russ Feingold votedagainst banning the brutal partial-birthabortion procedure,’’ NRLC would risk beingsubjected to investigation and prosecutionfor engaging in speech that expressed ‘‘un-mistakable . . . opposition’’ to Senator Fein-gold.

2. Moreover, if a non-PAC organization isdeemed to have established ‘‘coordination’’with a lawmaker or other ‘‘candidate’’ (evenby sharing a vendor—see #4 below), it wouldbe banned (at any time of any year) fromissuing any communication to the publicthat names that ‘‘candidate’’ and ‘‘is for thepurpose of influencing a Federal election.’’This is an extremely vague and sweeping re-striction that applies, as the bill says, ‘‘re-gardless of whether the communication isexpress advocacy.’’ (See Section 201, defini-tion of ‘‘expenditure.’’)

3. In addition, under Section 205, at anytime of any year, a non-PAC incorporatedcitizen group, if it has established ‘‘coordina-tion’’ (see #4 below), is prohibited fromissuing any communication to the publicthat is ‘‘of value’’ to a candidate, ‘‘regardlessof whether the value being provided is a com-munication that is express advocacy.’’ Sucha communication is prohibited, as an illegalcampaign ‘‘contribution,’’ even if the com-munication contains the name of no can-didate. This could apply, for example, to anad in a newspaper that mentions the name ofno politician, but that calls for a ban on par-tial-birth abortions, if a politician complainsthat the ad was ‘‘of value’’ to a political op-ponent who opposes partial-birth abortion.DEFINITION OF ‘‘COORDINATION’’ PLACES UNCON-

STITUTIONAL RESTRICTIONS ON LOBBYING AC-TIVITIES AND ISSUE ADVOCACY

4. The restrictions described in items #2and #3 above apply to any group that isdeemed to have established ‘‘coordination’’with a candidate. The bill (Section 205) vast-ly expands the current definition of ‘‘coordi-nation,’’ in 10 separate clauses, so that an or-ganization that communicates with mem-bers of Congress regarding public policy mat-ters would be at constant risk of falling overthese ‘‘coordination’’ tripwires. For example:

Many public policy organizations gatherinformation on the positions of members ofCongress on certain issues through use of awritten questionnaire, and then disseminatethat information in communications to thepubic. But the submission and return of sucha questionnaire, with intent to publicize theinformation obtained, would fall under oneof Section 205’s multiple definitions of ‘‘co-ordination’’—that is, a communication basedon a ‘‘general or particular understandingwith a candidate’’—and therefore would bean illegal corporate campaign expenditure.

CONGRESSIONAL RECORD — HOUSEH3792 May 22, 1998Another provision, declaring that an orga-

nization is ‘‘coordinated’’ if it has engaged in‘‘policymaking discussions’’ with a ‘‘can-didate’s campaign,’’ could apply to routineattempts by public policy groups to persuadelawmakers of the merits of the organiza-tion’s positions (i.e., lobbying).

Another provision would define ‘‘coordina-tion’’ as the mere sharing of a single profes-sional vendor (a printer, artist, or pollster,for example), during a two-year period, witha congressional candidate.THE FIRST AMENDMENT DOES NOT ALLOW LAW-

MAKERS TO PROHIBIT NON-PAC GROUPS FROMMENTIONING THEIR NAMES

5. In addition to the restrictions describedabove, within 60 days of a congressional pri-mary election (which occur as early asMarch 1) or a general election, Section 201places an absolute ban on any non-PACgroup broadcasting a communication thateven mentions the name of a ‘‘candidate,’’which includes all incumbent members ofCongress. This provision does not only re-quire ‘‘disclosure’’ of funding sources forsuch communications. Rather, it bans thenaming of politicians in broadcast commu-nications to the public, unless they are con-ducted under the entire panoply of restric-tions that apply to PACs—in other words,only federal PACs are permitted to sponsorsuch ‘‘politician-mentioning’’ communica-tions. This ban would apply even to adsalerting citizens to upcoming votes in Con-gress. [For further discussion of the implica-tions of allowing only PACs to sponsor poli-tician-mentioning communications, see theNRLC memorandum, ‘‘An Analysis of theSpeech-Restrictive Provisions of the Shays-Meehan Bill (HR 3526).’’]THE FIRST AMENDMENT DOES NOT PERMIT LAW-

MAKERS TO DICTATE ‘‘SPEECH SPECIFICA-TIONS’’ FOR DISCUSSION OF THEIR VOTINGRECORDS

6. Sponsors of the bill make much of a so-called ‘‘exception’’ (in Section 201) for print-ed material about voting records and posi-tions. But legal analysis of the so-called ‘‘ex-ception’’ reveals that it actually underscoresthe sweeping restrictions implicit in the un-derlying definitions. The ‘‘exception’’ wouldnot allow, but rather effectively defines asillegal corporate campaign expenditures andthereby bans (to non-PACs), at any time ofany year, any printed materials (such as typ-ical ‘‘scorecards’’ and voter guides) that failto conform to a series of ‘‘speech specifica-tions.’’

For example, to qualify for the ‘‘excep-tion’’ a publication must be confined ‘‘sole-ly’’ to information regarding votes or posi-tions, and must be presented ‘‘in an edu-cational manner’’—in other words, interpre-tation or commentary would be verboten.Even if these requirements are met, the ‘‘ex-ception’’ explicitly excludes publicationsthat discuss the position on only one ‘‘can-didate’’—for example, a newspaper ad thaturges letters and calls to a single local con-gressman about an upcoming vote in Con-gress. But under the First Amendment, Con-gress has no authority whatever to imposesuch restrictions on the right of citizengroups to disseminate and comment on law-makers’ voting records or upcoming votes.‘‘SOFT MONEY’’ BAN UNCONSTITUTIONALLY NUL-

LIFIES THE RIGHT OF POLITICAL PARTIES TOENGAGE IN UNRATIONED ISSUE ADVOCACY

7. The bill (Section 101) completely pro-hibits organs of the national political partiesfrom receiving so-called ‘‘soft money’’—aterm that really refers to all funds that arenot rationed and controlled by the FederalElection Campaign Act (FECA). This is un-constitutional. Under rulings of the U.S. Su-preme Court, the First Amendment protects

the right of political parties to sponsor com-munications that discuss issues, or the posi-tions of officeholders or officeseekers onthose issues (‘‘issue advocacy’’), withoutbeing subjected to the rationing laws thatthe FECA applies to communications thatcontain explicit endorsements of candidates(‘‘express advocacy’’). The bill would effec-tively nullify political parties’ First Amend-ment right to engage in issue advocacy, byrequiring that all party ads be conductedunder the restrictions that currently applyonly to express advocacy communications(since the parties would be prohibited fromraising any money that did not conform tothose restrictions). If ‘‘reform’’ advocatessuccessfully obliterate the distinction be-tween issue advocacy and express advocacywith respect to political parties, they willthen redouble their attacks on issue advo-cacy by citizen groups such as NRLC. Thosewho support free speech about political fig-ures should oppose all restrictions on issueadvocacy, whether engaged in by politicalparties, citizen groups, or others.

THE HUTCHINSON ‘‘FRESHMAN’’ BILL (HR 2183)VIOLATES THE FIRST AMENDMENT RIGHTS OFCITIZEN GROUPS, POLITICAL PARTIES, ANDMEMBERS OF CONGRESS

When the House of Representatives soonrevisits the issue of ‘‘campaign finance re-form,’’ the ‘‘base bill’’ will be HR 2183, spon-sored by Rep. Asa Hutchinson (R–Ark.),sometimes referred to as the ‘‘freshman’’bill. NRLC strongly opposes the Hutchinsonbill. This memo summarizes the most objec-tionable elements of the bill.

UNCONSTITUTIONAL REGULATION OF CITIZENGROUPS’ COMMUNICATIONS TO THE PUBLIC

HR 2183 attempts to assert congressionalauthority to monitor and regulate citizengroups’ broadcast communications to thepublic, in any month of any year, merely ongrounds that a communication mentions amember of Congress or other federal politi-cian. The bill would require that sponsoringorganizations report such communicationsto Congress. This proposed requirement vio-lates both the general constitutional immu-nity of issue advocacy from governmentalregulation, enforced in numerous court deci-sions, and the specific holdings of the Su-preme Court in the 1995 case of McIntyre v.Ohio Elections Commission, a 7–2 affirma-tion of the First Amendment right to engagein anonymous issue advocacy.

The Hutchinson requirement would applywhenever a group spends in a year (1) $25,000on communications ‘‘relating to’’ (mention-ing) a single politician, or (2) $100,000 on all‘‘politician-mentioning’’ communicationsnationally. Once a group has spent an aggre-gate total of $100,000 on broadcast commu-nications that name politicians—even if theypertain solely to upcoming votes on legisla-tion—then EVERY such expenditure must bereported to Congress, even a $100 radio ad.

UNCONSTITUTIONAL BAN ON ‘‘SOFT MONEY’’

The bill completely prohibits organs of thenational political parties from receiving so-called ‘‘soft money’’—a term that really re-fers to all funds that are not rationed andcontrolled by the Federal Election CampaignAct (FECA). This is unconstitutional. Underrulings of the U.S. Supreme Court, the FirstAmendment protects the right of politicalparties to sponsor communications that dis-cuss issues, or the positions of officeholdersor officeseekers on those issues (called‘‘issue advocacy’’), without being subjectedto the rationing laws that FECA applies tocommunications that contain explicit en-dorsements of candidates (called ‘‘expressadvocacy’’). The bill would effectively nul-lify political parties’ First Amendment right

to engage in issue advocacy, by requiringthat all party ads be conducted under the re-strictions that currently apply to express ad-vocacy communications (since the partieswould be prohibited from raising any moneythat did not conform to those restrictions).

If ‘‘reform’’ advocates successfully oblit-erate the distinction between issue advocacyand express advocacy with respect to politi-cal parties, they will then redouble their at-tacks on issue advocacy by citizen groupssuch as NRLC. Those who support freespeech about political figures should opposeall restrictions on issue advocacy, whetherengaged in by political parties, citizengroups, or others.UNCONSTITUTIONAL BAN ON ENDORSEMENTS BY

MEMBERS OF CONGRESS

The bill would make it unlawful for anyMember of Congress to endorse the fundrais-ing or membership-recruitment efforts of acitizen group, such as NRLC, which at anytime of any year engages in ‘‘any commu-nication which refers to a clearly identifiedcandidate for election for Federal office,’’which includes all incumbents except thosewho have announced their retirement.

In other words, an organization becomes‘‘tainted’’ if it issues any communication, atany time of the year, that so much as men-tions the name of a member of Congress. Forexample, if an organization sponsors a singlenewspaper ad or sends out a single news-letter saying that a lawmaker will be votingor has already voted on a certain bill, thisrestriction would be triggered. Such a met-tlesome organization would no longer be eli-gible to receive the endorsement of anymember of Congress. Communications thatmention the names of lawmakers are a per-vasive ingredient in NRLC’s overall pro-lifeadvocacy, throughout the year, so the bill ef-fectively prohibits lawmakers from endors-ing NRLC’s fundraising efforts, as Congress-man Henry Hyde and others have done in thepast.

The concept underlying this provision—that there is something ‘‘corrupting’’ aboutMembers of Congress endorsing the work ofissue-oriented organizations with which theyagree—is very offensive. This provision in ef-fect applies an unconstitutional penalty toNRLC for exercising its First Amendmentright to engage in commentary on a federalpolitician, and also violates NRLC’s con-stitutional right of association. Moreover,this proposed endorsement ban is an uncon-stitutional infringement on the rights of as-sociation and freedom of speech of each andevery Member of Congress.

The CHAIRMAN. All time for generaldebate has expired.

Mr. THOMAS. Madam Chairman, Imove that the Committee do now rise.

The motion was agreed to.Accordingly, the Committee rose;

and the Speaker pro tempore (Mr.PEASE) having assumed the chair, Mrs.EMERSON, Chairman of the Committeeof the Whole House on the State of theUnion, reported that that Committee,having had under consideration the bill(H.R. 2183) to amend the Federal Elec-tion Campaign Act of 1971 to reformthe financing of campaigns for elec-tions for Federal office, and for otherpurposes, had come to no resolutionthereon.

f

CONFERENCE REPORT ON H.R. 2400,TRANSPORTATION EQUITY ACTFOR THE 21ST CENTURYMr. SHUSTER submitted the follow-

ing conference report and statement on

CONGRESSIONAL RECORD — HOUSE H3793May 22, 1998the bill (H.R. 2400) to authorize fundsfor Federal-aid highways, highwaysafety programs, and transit programs,and for other purposes:

CONFERENCE REPORT (H. REPT. 105–550)The committee of conference on the dis-

agreeing votes of the two Houses on theamendment of the Senate to the bill (H.R.2400), to authorize funds for Federal-aid high-ways, highway safety programs, and transitprograms, and for other purposes, havingmet, after full and free conference, haveagreed to recommend and do recommend totheir respective Houses as follows:

That the House recede from its disagree-ment to the amendment of the Senate andagree to the same with an amendment as fol-lows:

In lieu of the matter proposed to be in-serted by the Senate amendment, insert thefollowing:SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited asthe ‘‘Transportation Equity Act for the 21stCentury’’.

(b) TABLE OF CONTENTS.—The table of con-tents of this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.

TITLE I—FEDERAL-AID HIGHWAYS

Subtitle A—Authorizations and Programs

Sec. 1101. Authorization of appropriations.Sec. 1102. Obligation ceiling.Sec. 1103. Apportionments.Sec. 1104. Minimum guarantee.Sec. 1105. Revenue aligned budget authority.Sec. 1106. Federal-aid systems.Sec. 1107. Interstate maintenance program.Sec. 1108. Surface transportation program.Sec. 1109. Highway bridge program.Sec. 1110. Congestion mitigation and air quality

improvement program.Sec. 1111. Federal share.Sec. 1112. Recreational trails program.Sec. 1113. Emergency relief.Sec. 1114. Highway use tax evasion projects.Sec. 1115. Federal lands highways program.Sec. 1116. Woodrow Wilson Memorial Bridge.Sec. 1117. Appalachian development highway

system.Sec. 1118. National corridor planning and de-

velopment program.Sec. 1119. Coordinated border infrastructure

and safety program.

Subtitle B—General Provisions

Sec. 1201. Definitions.Sec. 1202. Bicycle transportation and pedes-

trian walkways.Sec. 1203. Metropolitan planning.Sec. 1204. Statewide planning.Sec. 1205. Contracting for engineering and de-

sign services.Sec. 1206. Access of motorcycles.Sec. 1207. Construction of ferry boats and ferry

terminal facilities.Sec. 1208. Training.Sec. 1209. Use of HOV lanes by inherently low-

emission vehicles.Sec. 1210. Advanced travel forecasting proce-

dures program.Sec. 1211. Amendments to prior surface trans-

portation laws.Sec. 1212. Miscellaneous.Sec. 1213. Studies and reports.Sec. 1214. Federal activities.Sec. 1215. Designated transportation enhance-

ment activities.Sec. 1216. Innovative surface transportation fi-

nancing methods.Sec. 1217. Eligibility.Sec. 1218. Magnetic levitation transportation

technology deployment program.Sec. 1219. National scenic byways program.Sec. 1220. Elimination of regional office respon-

sibilities.

Sec. 1221. Transportation and community andsystem preservation pilot program.

Sec. 1222. Additions to Appalachian region.Subtitle C—Program Streamlining and

FlexibilitySec. 1301. Real property acquisition and cor-

ridor preservation.Sec. 1302. Payments to States for construction.Sec. 1303. Proceeds from the sale or lease of real

property.Sec. 1304. Engineering cost reimbursement.Sec. 1305. Project approval and oversight.Sec. 1306. Standards.Sec. 1307. Design-build contracting.Sec. 1309. Major investment study integration.Sec. 1309. Environmental streamlining.Sec. 1310. Uniform transferability of Federal-

aid highway funds.Subtitle D—Safety

Sec. 1401. Hazard elimination program.Sec. 1402. Roadside safety technologies.Sec. 1403. Safety incentive grants for use of seat

belts.Subtitle E—Finance

Sec. 1501. Short title.Sec. 1502. Findings.Sec. 1503. Establishment of program.Sec. 1504. Duties of the Secretary.

Subtitle F—High Priority ProjectsSec. 1601. High priority projects program.Sec. 1602. Project authorizations.Sec. 1603. Special rule.

TITLE II—HIGHWAY SAFETYSec. 2001. Highway safety programs.Sec. 2002. Highway safety research and devel-

opment.Sec. 2003. Occupant protection.Sec. 2004. Alcohol-impaired driving counter-

measures.Sec. 2005. State highway safety data improve-

ments.Sec. 2006. National Driver Register.Sec. 2007. Safety studies.Sec. 2008. Effectiveness of laws establishing

maximum blood alcohol con-centrations.

Sec. 2009. Authorizations of appropriations.TITLE III—FEDERAL TRANSITADMINISTRATION PROGRAMS

Sec. 3001. Short title.Sec. 3002. Amendments to title 49, United States

Code.Sec. 3003. Definitions.Sec. 3004. Metropolitan planning.Sec. 3005. Transportation improvement pro-

gram.Sec. 3006. Transportation management areas.Sec. 3007. Urbanized area formula grants.Sec. 3008. Clean fuels formula grant program.Sec. 3009. Capital investment grants and loans.Sec. 3010. Dollar value of mobility improve-

ments.Sec. 3011. Local share.Sec. 3012. Inteligent transportation systems ap-

plications.Sec. 3013. Formula grants and loans for special

needs of elderly individuals andindividuals with disabilities.

Sec. 3014. Formula program for other than ur-banized areas.

Sec. 3015. Research, development, demonstra-tion, and training projects.

Sec. 3016. National planning and research pro-grams.

Sec. 3017. National transit institute.Sec. 3018. Bus testing facilities.Sec. 3019. Bicycle facilities.Sec. 3020. General provisions on assistance.Sec. 3021. Pilot program for intercity rail infra-

structure investment from masstransit account of highway trustfund.

Sec. 3022. Contract requirements.Sec. 3023. Special procurements.Sec. 3024. Project management oversight and re-

view.

Sec. 3025. Administrative procedures.Sec. 3026. Reports and audits.Sec. 3027. Apportionment of appropriations for

formula grants.Sec. 3028. Apportionment of appropriations for

fixed guideway modernization.Sec. 3029. Authorizations.Sec. 3030. Projects for new fixed guideway sys-

tems and extensions in existingsystems.

Sec. 3031. Projects for bus and bus-related fa-cilities.

Sec. 3032. Contracting out study.Sec. 3033. Urbanized area formula study.Sec. 3034. Coordinated transportation services.Sec. 3035. Final assembly of buses.Sec. 3036. Clean fuel vehicles.Sec. 3037. Job access and reverse commute

grants.Sec. 3038. Rural transportation accessibility in-

centive program.Sec. 3039. Study of transit needs in national

parks and related public lands.Sec. 3040. Obligation ceiling.Sec. 3041. Adjustment for the Surface Transpor-

tation Extension Act of 1997.TITLE IV—MOTOR CARRIER SAFETY

Sec. 4001. Amendments to title 49, United StatesCode.

Sec. 4002. Statement of purposes.Sec. 4003. State grants.Sec. 4004. Information systems.Sec. 4005. Automobile transporter defined.Sec. 4006. Inspections and reports.Sec. 4007. Waivers, exemptions, and pilot pro-

grams.Sec. 4008. Safety regulation.Sec. 4009. Safety fitness.Sec. 4010. Repeal of certain obsolete miscellane-

ous authorities.Sec. 4011. Commercial vehicle operators.Sec. 4012. Exemption from certain regulations

for utility service commercialmotor vehicle drivers.

Sec. 4013. Participation in international reg-istration plan and internationalfuel tax agreement.

Sec. 4014. Safety performance history of newdrivers; limitation on liability.

Sec. 4015. Penalties.Sec. 4016. Authority over charter bus transpor-

tation.Sec. 4017. Telephone hotline for reporting safe-

ty violations.Sec. 4018. Insulin treated diabetes mellitus.Sec. 4019. Performance-based CDL testing.Sec. 4020. Post-accident alcohol testing.Sec. 4021. Driver fatigue.Sec. 4022. Improved flow of driver history pilot

program.Sec. 4023. Employee protections.Sec. 4024. Improved interstate school bus safety.Sec. 4025. Truck trailer conspicuity.Sec. 4026. DOT implementation plan.Sec. 4027. Study of adequacy of parking facili-

ties.Sec. 4028. Qualifications of foreign motor car-

riers.Sec. 4029. Federal motor carrier safety inspec-

tors.Sec. 4030. School transportation safety.Sec. 4031. Designation of New Mexico commer-

cial zone.Sec. 4032. Effects of MCSAP grant reductions.

TITLE V—TRANSPORTATION RESEARCHSubtitle A—Funding

Sec. 5001. Authorization of appropriations.Sec. 5002. Obligation ceiling.Sec. 5003. Notice.

Subtitle B—Research and TechnologySec. 5101. Research and technology program.Sec. 5102. Surface transportation research.Sec. 5103. Technology deployment.Sec. 5104. Training and education.Sec. 5105. State planning and research.Sec. 5106. International highway transpor-

tation outreach program.

CONGRESSIONAL RECORD — HOUSEH3794 May 22, 1998Sec. 5107. Surface transportation-environment

cooperative research program.Sec. 5108. Surface transportation research stra-

tegic planning.Sec. 5109. Bureau of Transportation Statistics.Sec. 5110. University transportation research.Sec. 5111. Advanced vehicle technologies pro-

gram.Sec. 5112. Study of future strategic highway re-

search program.Sec. 5113. Commercial remote sensing products

and spatial information tech-nologies.

Sec. 5114. Sense of Congress on the year 2000problem.

Sec. 5115. International trade traffic.Sec. 5116. University grants.Sec. 5117. Transportation technology innova-

tion and demonstration program.Sec. 5118. Drexel University Intelligent Infra-

structure Institute.Sec. 5119. Conforming amendments.Subtitle C—Intelligent Transportation Systems

Sec. 5201. Short title.Sec. 5202. Findings.Sec. 5203. Goals and purposes.Sec. 5204. General authorities and require-

ments.Sec. 5205. National ITS program plan.Sec. 5206. National architecture and standards.Sec. 5207. Research and development.Sec. 5208. Intelligent transportation system in-

tegration program.Sec. 5209. Commercial vehicle intelligent trans-

portation system infrastructuredeployment.

Sec. 5210. Use of funds.Sec. 5211. Definitions.Sec. 5212. Project funding.Sec. 5213. Repeal.

TITLE VI—OZONE AND PARTICULATEMATTER STANDARDS

Sec. 6101. Findings and purpose.Sec. 6102. Particulate matter monitoring pro-

gram.Sec. 6103. Ozone designation requirements.Sec. 6104. Additional provisions.

TITLE VII—MISCELLANEOUSSubtitle A—Automobile Safety and InformationSec. 7101. Short title.Sec. 7102. Authorizations of appropriations.Sec. 7103. Improving air bag safety.Sec. 7104. Restrictions on lobbying activities.Sec. 7105. Odometers.Sec. 7106. Miscellaneous amendments.Sec. 7107. Importation of motor vehicle for show

or display.Subtitle B—Railroads

Sec. 7201. High-speed rail.Sec. 7202. Light density rail line pilot projects.Sec. 7203. Railroad rehabilitation and improve-

ment financing.Sec. 7204. Alaska Railroad.

Subtitle C—Comprehensive One-CallNotification

Sec. 7301. Findings.Sec. 7302. One-call notification programs.

Subtitle D—Sportfishing and Boating SafetySec. 7401. Short title; amendment of 1950 Act.Sec. 7402. Outreach and communications pro-

grams.Sec. 7403. Clean Vessel Act funding.Sec. 7404. Boating infrastructure.Sec. 7405. Boat safety funds.TITLE VIII—TRANSPORTATION DISCRE-

TIONARY SPENDING GUARANTEE ANDBUDGET OFFSETS

Subtitle A—Transportation DiscretionarySpending Guarantee

Sec. 8101. Discretionary spending categories.Sec. 8102. Conforming the Paygo Scorecard

with this Act.Sec. 8103. Level of obligation limitations.

Subtitle B—Veterans’ BenefitsSec. 8201. Short title.

Sec. 8202. Prohibition on establishment of serv-ice-connection for disabilities re-lating to use of tobacco products.

Sec. 8203. Twenty percent increase in rates ofbasic educational assistanceunder Montgomery GI Bill.

Sec. 8204. Increase in assistance amount forspecially adapted housing.

Sec. 8205. Increase in amount of assistance forautomobile and adaptive equip-ment for certain disabled veter-ans.

Sec. 8206. Increase in aid and attendance ratesfor veterans eligible for pension.

Sec. 8207. Eligibility of certain remarried sur-viving spouses for reinstatementof dependency and indemnitycompensation upon termination ofthat remarriage.

Sec. 8208. Extension of prior revision to offsetrule for department of defensespecial separation benefit pro-gram.

Sec. 8209. Sense of Congress concerning recov-ery from tobacco companies ofcosts of treatment of veterans fortobacco-related illnesses.

Subtitle C—Temporary Student Loan Provision.

Sec. 8301. Temporary student loan provision.

Subtitle D—Block Grants for Social Services

Sec. 8401. Block grants for social services.

TITLE IX—AMENDMENTS OF INTERNALREVENUE CODE OF 1986

Sec. 9001. Short title; amendment of 1986 Code.Sec. 9002. Extension of highway-related taxes

and trust fund.Sec. 9003. Extension and modification of tax

benefits for alcohol fuels.Sec. 9004. Modifications to Highway Trust

Fund.Sec. 9005. Provisions relating to Aquatic Re-

sources Trust Fund.Sec. 9006. Repeal of 1.25 cent tax rate on rail

diesel fuel.Sec. 9007. Additional qualified expenses avail-

able to non-Amtrak States.Sec. 9008. Delay in effective date of new re-

quirement for approved diesel orkerosene terminals.

Sec. 9009. Simplified fuel tax refund procedures.Sec. 9010. Election to receive taxable cash com-

pensation in lieu of nontaxablequalified transportation fringebenefits.

Sec. 9011. Repeal of National RecreationalTrails Trust Fund.

Sec. 9012. Identification of limited tax benefitssubject to line item veto.

SEC. 2. DEFINITIONS.In this Act, the following definitions apply:(1) INTERSTATE SYSTEM.—The term ‘‘Interstate

System’’ has the meaning such term has undersection 101 of title 23, United States Code.

(2) SECRETARY.—The term ‘‘Secretary’’ meansthe Secretary of Transportation.

TITLE I—FEDERAL-AID HIGHWAYS

Subtitle A—Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.(a) IN GENERAL.—The following sums are au-

thorized to be appropriated out of the HighwayTrust Fund (other than the Mass Transit Ac-count):

(1) INTERSTATE MAINTENANCE PROGRAM.—Forthe Interstate maintenance program under sec-tion 119 of title 23, United States Code,$3,427,341,000 for fiscal year 1998, $3,957,103,000for fiscal year 1999, $3,994,524,000 for fiscal year2000, $4,073,322,000 for fiscal year 2001,$4,139,630,000 for fiscal year 2002, and$4,217,635,000 for fiscal year 2003.

(2) NATIONAL HIGHWAY SYSTEM.—For the Na-tional Highway System under section 103 ofsuch title $4,112,480,000 for fiscal year 1998,$4,748,523,000 for fiscal year 1999, $4,793,429,000for fiscal year 2000, $4,887,986,000 for fiscal year

2001, $4,967,556,000 for fiscal year 2002, and$5,061,162,000 for fiscal year 2003.

(3) BRIDGE PROGRAM.—For the bridge programunder section 144 of such title $2,941,454,000 forfiscal year 1998, $3,395,354,000 for fiscal year1999, $3,427,472,000 for fiscal year 2000,$3,495,104,000 for fiscal year 2001, $3,552,016,000for fiscal year 2002, and $3,618,966,000 for fiscalyear 2003.

(4) SURFACE TRANSPORTATION PROGRAM.—Forthe surface transportation program under sec-tion 133 of such title $4,797,620,000 for fiscal year1998, $5,539,944,000 for fiscal year 1999,$5,592,333,000 for fiscal year 2000, $5,702,651,000for fiscal year 2001, $5,795,482,000 for fiscal year2002, and $5,904,689,000 for fiscal year 2003.

(5) CONGESTION MITIGATION AND AIR QUALITYIMPROVEMENT PROGRAM.—For the congestionmitigation and air quality improvement programunder section 149 of such title $1,192,619,000 forfiscal year 1998, $1,345,415,000 for fiscal year1999, $1,358,138,000 for fiscal year 2000,$1,384,930,000 for fiscal year 2001, $1,407,474,000for fiscal year 2002, and $1,433,996,000 for fiscalyear 2003.

(6) APPALACHIAN DEVELOPMENT HIGHWAY SYS-TEM PROGRAM.—For the Appalachian develop-ment highway system program under section 201of the Appalachian Regional Development Actof 1965 (40 U.S.C. App.) $450,000,000 for each offiscal years 1999 through 2003.

(7) RECREATIONAL TRAILS PROGRAM.—For therecreational trails program under section 206 ofsuch title $30,000,000 for fiscal year 1998,$40,000,000 for fiscal year 1999, and $50,000,000for each of fiscal years 2000 through 2003.

(8) FEDERAL LANDS HIGHWAYS PROGRAM.—(A) INDIAN RESERVATION ROADS.—For Indian

reservation roads under section 204 of such title$225,000,000 for fiscal year 1998 and $275,000,000for each of fiscal years 1999 through 2003.

(B) PUBLIC LANDS HIGHWAYS.—For publiclands highways under section 204 of such title$196,000,000 for fiscal year 1998 and $246,000,000for each of fiscal years 1999 through 2003.

(C) PARK ROADS AND PARKWAYS.—For parkroads and parkways under section 204 of suchtitle $115,000,000 for fiscal year 1998 and$165,000,000 for each of fiscal years 1999 through2003.

(D) REFUGE ROADS.—For refuge roads undersection 204 of such title $20,000,000 for each offiscal years 1999 through 2003.

(9) NATIONAL CORRIDOR PLANNING AND DEVEL-OPMENT AND COORDINATED BORDER INFRASTRUC-TURE PROGRAMS.—For the national corridorplanning and development and coordinated bor-der infrastructure programs under sections 1118and 1119 of this Act $140,000,000 for each of fis-cal years 1999 through 2003.

(10) CONSTRUCTION OF FERRY BOATS ANDFERRY TERMINAL FACILITIES.—For constructionof ferry boats and ferry terminal facilities undersection 1064 of the Intermodal Surface Transpor-tation Efficiency Act of 1991 (23 U.S.C. 129 note;105 Stat. 2005) $30,000,000 for each of fiscal year1998 and $38,000,000 for each of fiscal years 1999through 2003.

(11) NATIONAL SCENIC BYWAYS PROGRAM.—Forthe national scenic byways program under sec-tion 162 of title 23, United States Code,$23,500,000 for each of fiscal years 1998 and 1999,$24,500,000 for each of fiscal years 2000 and 2001,and $25,500,000 for fiscal year 2002, and$26,500,000 for fiscal year 2003.

(12) VALUE PRICING PILOT PROGRAM.—For thevalue pricing pilot program under section1012(b) of the Intermodal Surface Transpor-tation Efficiency Act of 1991 (23 U.S.C. 149 note;105 Stat. 1938) $7,000,000 for fiscal year 1999, and$11,000,000 for each of fiscal years 2000 through2003.

(13) HIGH PRIORITY PROJECTS PROGRAM.—Forthe high priority projects program under section117 of title 23, United States Code, $1,025,695,000for fiscal year 1998, $1,398,675,000 for fiscal year1999, $1,678,410,000 for fiscal year 2000,$1,678,410,000 for fiscal year 2001, $1,771,655,000

CONGRESSIONAL RECORD — HOUSE H3795May 22, 1998for fiscal year 2002, and $1,771,655,000 for fiscalyear 2003.

(14) HIGHWAY USE TAX EVASION PROJECTS.—For highway use tax evasion projects under sec-tion 143 of such title $5,000,000 for each of fiscalyears 1998 through 2003.

(15) COMMONWEALTH OF PUERTO RICO HIGH-WAY PROGRAM.—For the Commonwealth ofPuerto Rico highway program under section1214(r) of this Act $110,000,000 for fiscal years1998 through 2003.

(b) DISADVANTAGED BUSINESS ENTERPRISES.—(1) GENERAL RULE.—Except to the extent that

the Secretary determines otherwise, not lessthan 10 percent of the amounts made availablefor any program under titles I, III, and V of thisAct shall be expended with small business con-cerns owned and controlled by socially and eco-nomically disadvantaged individuals.

(2) DEFINITIONS.—In this subsection, the fol-lowing definitions apply:

(A) SMALL BUSINESS CONCERN.—The term‘‘small business concern’’ has the meaning suchterm has under section 3 of the Small BusinessAct (15 U.S.C. 632); except that such term shallnot include any concern or group of concernscontrolled by the same socially and economi-cally disadvantaged individual or individualswhich has average annual gross receipts overthe preceding 3 fiscal years in excess of$16,600,000, as adjusted by the Secretary for in-flation.

(B) SOCIALLY AND ECONOMICALLY DISADVAN-TAGED INDIVIDUALS.—The term ‘‘socially andeconomically disadvantaged individuals’’ hasthe meaning such term has under section 8(d) ofthe Small Business Act (15 U.S.C. 637(d)) andrelevant subcontracting regulations promul-gated pursuant thereto; except that women shallbe presumed to be socially and economically dis-advantaged individuals for purposes of this sub-section.

(3) ANNUAL LISTING OF DISADVANTAGED BUSI-NESS ENTERPRISES.—Each State shall annuallysurvey and compile a list of the small businessconcerns referred to in paragraph (1) and the lo-cation of such concerns in the State and notifythe Secretary, in writing, of the percentage ofsuch concerns which are controlled by women,by socially and economically disadvantaged in-dividuals (other than women), and by individ-uals who are women and are otherwise sociallyand economically disadvantaged individuals.

(4) UNIFORM CERTIFICATION.—The Secretaryshall establish minimum uniform criteria forState governments to use in certifying whether aconcern qualifies for purposes of this subsection.Such minimum uniform criteria shall includebut not be limited to on-site visits, personalinterviews, licenses, analysis of stock owner-ship, listing of equipment, analysis of bondingcapacity, listing of work completed, resume ofprincipal owners, financial capacity, and typeof work preferred.

(5) COMPLIANCE WITH COURT ORDERS.—Noth-ing in this subsection limits the eligibility of anentity or person to receive funds made availableunder titles I, III, and V of this Act, if the en-tity or person is prevented, in whole or in part,from complying with paragraph (1) because aFederal court issues a final order in which thecourt finds that the requirement of paragraph(1), or the program established under paragraph(1), is unconstitutional.

(6) REVIEW BY COMPTROLLER GENERAL.—Notlater than 3 years after the date of enactment ofthis Act, the Comptroller General of the UnitedStates shall conduct a review of, and publishand report to Congress findings and conclusionson, the impact throughout the United States ofadministering the requirement of paragraph (1),including an analysis of—

(A) in the case of small business concerns cer-tified in each State under paragraph (4) asowned and controlled by socially and economi-cally disadvantaged individuals—

(i) the number of the small business concerns;and

(ii) the participation rates of the small busi-ness concerns in prime contracts and sub-contracts funded under titles I, III, and V ofthis Act;

(B) in the case of small business concerns de-scribed in subparagraph (A) that receive primecontracts and subcontracts funded under titlesI, III, and V of this Act—

(i) the number of the small business concerns;(ii) the annual gross receipts of the small busi-

ness concerns; and(iii) the net worth of socially and economi-

cally disadvantaged individuals that own andcontrol the small business concerns;

(C) in the case of small business concerns de-scribed in subparagraph (A) that do not receiveprime contracts and subcontracts funded undertitles I, III, and V of this Act—

(i) the annual gross receipts of the small busi-ness concerns; and

(ii) the net worth of socially and economicallydisadvantaged individuals that own and controlthe small business concerns;

(D) in the case of business concerns that re-ceive prime contracts and subcontracts fundedunder titles I, III, and V of this Act, other thansmall business concerns described in subpara-graph (B)—

(i) the annual gross receipts of the businessconcerns; and

(ii) the net worth of individuals that own andcontrol the business concerns;

(E) the rate of graduation from any programscarried out to comply with the requirement ofparagraph (1) for small business concerns ownedand controlled by socially and economically dis-advantaged individuals;

(F) the overall cost of administering the re-quirement of paragraph (1), including adminis-trative costs, certification costs, additional con-struction costs, and litigation costs;

(G) any discrimination on the basis of race,color, national origin, or sex against small busi-ness concerns owned and controlled by sociallyand economically disadvantaged individuals;

(H)(i) any other factors limiting the ability ofsmall business concerns owned and controlledby socially and economically disadvantaged in-dividuals to compete for prime contracts andsubcontracts funded under titles I, III, and V ofthis Act; and

(ii) the extent to which any of those factorsare caused, in whole or in part, by discrimina-tion based on race, color, national origin, or sex;

(I) any discrimination, on the basis of race,color, national origin, or sex, against construc-tion companies owned and controlled by sociallyand economically disadvantaged individuals inpublic and private transportation contractingand the financial, credit, insurance, and bondmarkets;

(J) the impact on small business concernsowned and controlled by socially and economi-cally disadvantaged individuals of—

(i) the issuance of a final order described inparagraph (5) by a Federal court that suspendsa program established under paragraph (1); or

(ii) the repeal or suspension of State or localdisadvantaged business enterprise programs;and

(K) the impact of the requirement of para-graph (1), and any program carried out to com-ply with paragraph (1), on competition and thecreation of jobs, including the creation of jobsfor socially and economically disadvantaged in-dividuals.SEC. 1102. OBLIGATION CEILING.

(a) GENERAL LIMITATION.—Notwithstandingany other provision of law but subject to sub-sections (g) and (h), the obligations for Federal-aid highway and highway safety constructionprograms shall not exceed—

(1) $21,500,000,000 for fiscal year 1998;(2) $25,431,000,000 for fiscal year 1999;(3) $26,155,000,000 for fiscal year 2000;(4) $26,651,000,000 for fiscal year 2001;(5) $27,235,000,000 for fiscal year 2002; and

(6) $27,681,000,000 for fiscal year 2003.(b) EXCEPTIONS.—The limitations under sub-

section (a) shall not apply to obligations—(1) under section 125 of title 23, United States

Code;(2) under section 147 of the Surface Transpor-

tation Assistance Act of 1978;(3) under section 9 of the Federal-Aid High-

way Act of 1981;(4) under sections 131(b) and 131(j) of the Sur-

face Transportation Assistance Act of 1982;(5) under sections 149(b) and 149(c) of the Sur-

face Transportation and Uniform Relocation As-sistance Act of 1987;

(6) under sections 1103 through 1108 of theIntermodal Surface Transportation EfficiencyAct of 1991;

(7) under section 157 of title 23, United StatesCode, as in effect on the day before the date ofenactment of this Act; and

(8) under section 105 of title 23, United StatesCode but, for each of fiscal years 1998 through2007, only in an amount equal to $639,000,000per fiscal year.

(c) DISTRIBUTION OF OBLIGATION AUTHOR-ITY.—For each of fiscal years 1998 through 2003,the Secretary shall—

(1) not distribute obligation authority pro-vided by subsection (a) for such fiscal year foramounts authorized for administrative expensesand programs funded from the administrativetakedown authorized by section 104(a) of title23, United States Code, and amounts authorizedfor the highway use tax evasion program andthe Bureau of Transportation Statistics;

(2) not distribute an amount of obligation au-thority provided by subsection (a) that is equalto the unobligated balance of amounts madeavailable from the Highway Trust Fund (otherthan the Mass Transit Account) for Federal-aidhighway and highway safety programs for pre-vious fiscal years the funds for which are allo-cated by the Secretary;

(3) determine the ratio that—(A) the obligation authority provided by sub-

section (a) for such fiscal year less the aggregateof amounts not distributed under paragraphs (1)and (2), bears to

(B) the total of the sums authorized to be ap-propriated for Federal-aid highway and high-way safety construction programs (other thansums authorized to be appropriated for sectionsset forth in paragraphs (1) through (7) of sub-section (b) and sums authorized to be appro-priated for section 105 of title 23, United StatesCode, equal to the amount referred to in sub-section (b)(8)) for such fiscal year less the aggre-gate of the amounts not distributed under para-graph (1) of this subsection;

(4) distribute the obligation authority pro-vided by subsection (a) less the aggregateamounts not distributed under paragraphs (1)and (2) for section 117 of title 23, United StatesCode (relating to high priority projects pro-gram), section 201 of the Appalachian RegionalDevelopment Act of 1965, the Woodrow WilsonMemorial Bridge Authority Act of 1995, and$2,000,000,000 for such fiscal year under section105 of such title (relating to minimum guaran-tee) so that amount of obligation authorityavailable for each of such sections is equal tothe amount determined by multiplying the ratiodetermined under paragraph (3) by the sums au-thorized to be appropriated for such section (ex-cept in the case of section 105, $2,000,000,000) forsuch fiscal year;

(5) distribute the obligation authority pro-vided by subsection (a) less the aggregateamounts not distributed under paragraphs (1)and (2) and amounts distributed under para-graph (4) for each of the programs that are allo-cated by the Secretary under this Act and title23, United States Code (other than activities towhich paragraph (1) applies and programs towhich paragraph (4) applies) by multiplying theratio determined under paragraph (3) by thesums authorized to be appropriated for suchprogram for such fiscal year; and

CONGRESSIONAL RECORD — HOUSEH3796 May 22, 1998(6) distribute the obligation authority pro-

vided by subsection (a) less the aggregateamounts not distributed under paragraphs (1)and (2) and amounts distributed under para-graphs (4) and (5) for Federal-aid highway andhighway safety construction programs (otherthan the minimum guarantee program, but onlyto the extent that amounts apportioned for theminimum guarantee program for such fiscalyear exceed $2,639,000,000, and the Appalachiandevelopment highway system program) that areapportioned by the Secretary under this Act andtitle 23, United States Code, in the ratio that—

(A) sums authorized to be appropriated forsuch programs that are apportioned to eachState for such fiscal year, bear to

(B) the total of the sums authorized to be ap-propriated for such programs that are appor-tioned to all States for such fiscal year.

(d) REDISTRIBUTION OF UNUSED OBLIGATIONAUTHORITY.—Notwithstanding subsection (c),the Secretary shall after August 1 of each of fis-cal years 1998 through 2003 revise a distributionof the obligation authority made availableunder subsection (c) if a State will not obligatethe amount distributed during that fiscal yearand redistribute sufficient amounts to thoseStates able to obligate amounts in addition tothose previously distributed during that fiscalyear giving priority to those States having largeunobligated balances of funds apportionedunder sections 104 and 144 of title 23, UnitedStates Code, under section 160 of title 23, UnitedStates Code (as in effect on the day before thedate of enactment of this Act), and under sec-tion 1015 of the Intermodal Surface Transpor-tation Act of 1991 (105 Stat. 1943–1945).

(e) APPLICABILITY OF OBLIGATION LIMITA-TIONS TO TRANSPORTATION RESEARCH PRO-GRAMS.—Obligation limitations imposed by sub-section (a) shall apply to transportation re-search programs carried out under chapter 3 oftitle 23, United States Code, and under title VIof this Act.

(f) REDISTRIBUTION OF CERTAIN AUTHORIZEDFUNDS.—Not later than 30 days after the date ofthe distribution of obligation authority undersubsection (c) for each of fiscal years 1998through 2003, the Secretary shall distribute tothe States any funds (1) that are authorized tobe appropriated for such fiscal year for Federal-aid highway programs (other than the programunder section 160 of title 23, United States Code)and for carrying out subchapter I of chapter 311of title 49, United States Code, and chapter 4 oftitle 23, United States Code, and (2) that theSecretary determines will not be allocated to theStates, and will not be available for obligation,in such fiscal year due to the imposition of anyobligation limitation for such fiscal year. Suchdistribution to the States shall be made in thesame ratio as the distribution of obligation au-thority under subsection (c)(6). The funds sodistributed shall be available for any purposesdescribed in section 133(b) of title 23, UnitedStates Code.

(g) SPECIAL RULE.—Obligation authority dis-tributed for a fiscal year under subsection (c)(4)for a section set forth in subsection (c)(4) shallremain available until used for obligation offunds for such section and shall be in additionto the amount of any limitation imposed on obli-gations for Federal-aid highway and highwaysafety construction programs for future fiscalyears.

(h) INCREASE IN OBLIGATION LIMIT.—Limita-tions on obligations imposed by subsection (a)for a fiscal year shall be increased by anamount equal to the amount determined pursu-ant to section 251(b)(1)(B)(ii)(I)(cc) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) forsuch fiscal year. Any such increase shall be dis-tributed in accordance with this section.

(i) LIMITATIONS ON OBLIGATIONS FOR ADMINIS-TRATIVE EXPENSES.—Notwithstanding any otherprovision of law, the total amount of all obliga-tions under section 104(a) of title 23, UnitedStates Code, shall not exceed—

(1) $320,000,000 for fiscal year 1998;(2) $350,000,000 for fiscal year 1999;(3) $370,000,000 for fiscal year 2000;(4) $390,000,000 for fiscal year 2001;(5) $410,000,000 for fiscal year 2002; and(6) $430,000,000 for fiscal year 2003.

SEC. 1103. APPORTIONMENTS.(a) ADMINISTRATIVE EXPENSES.—Section 104 of

title 23, United States Code, is amended by strik-ing subsection (a) and inserting the following:

‘‘(a) ADMINISTRATIVE EXPENSES.—‘‘(1) IN GENERAL.—Whenever an apportion-

ment is made of the sums made available for ex-penditure on each of the surface transportationprogram under section 133, the bridge programunder section 144, the congestion mitigation andair quality improvement program under section149, the Interstate and National Highway Sys-tem program under section 103, the minimumguarantee program under section 105, the Fed-eral lands highway program under section 204,or the Appalachian development highway sys-tem program under section 201 of the Appalach-ian Regional Development Act of 1965 (40 U.S.C.App.), the Secretary shall deduct a sum, in anamount not to exceed 11⁄2 percent of all sums somade available, as the Secretary determines nec-essary—

‘‘(A) to administer the provisions of law to befinanced from appropriations for the Federal-aid highway program and programs authorizedunder chapter 2; and

‘‘(B) to make transfers of such sums as theSecretary determines to be appropriate to theAppalachian Regional Commission for adminis-trative activities associated with the Appalach-ian development highway system.

‘‘(2) CONSIDERATION OF UNOBLIGATED BAL-ANCES.—In making the determination describedin paragraph (1), the Secretary shall take intoaccount the unobligated balance of any sumsdeducted under this subsection in prior fiscalyears.

‘‘(3) AVAILABILITY.—The sum deducted underparagraph (1) shall remain available until ex-pended.’’.

(b) APPORTIONMENTS.—Section 104(b) of suchtitle is amended to read as follows:

‘‘(b) APPORTIONMENTS.—On October 1 of eachfiscal year, the Secretary, after making the de-duction authorized by subsection (a) and theset-aside authorized by subsection (f), shall ap-portion the remainder of the sums authorized tobe appropriated for expenditure on the Inter-state and National Highway System program,the congestion mitigation and air quality im-provement program, and the surface transpor-tation program for that fiscal year, among theseveral States in the following manner:

‘‘(1) NATIONAL HIGHWAY SYSTEM COMPO-NENT.—

‘‘(A) IN GENERAL.—For the National HighwaySystem (excluding funds apportioned underparagraph (4)), $36,400,000 for each fiscal yearto the Virgin Islands, Guam, American Samoa,and the Commonwealth of Northern Mariana Is-lands, $18,800,000 for each of fiscal years 1999through 2003 for the Alaska Highway, and theremainder apportioned as follows:

‘‘(i) 25 percent in the ratio that—‘‘(I) the total lane miles of principal arterial

routes (excluding Interstate System routes) ineach State; bears to

‘‘(II) the total lane miles of principal arterialroutes (excluding Interstate System routes) inall States.

‘‘(ii) 35 percent in the ratio that—‘‘(I) the total vehicle miles traveled on lanes

on principal arterial routes (excluding InterstateSystem routes) in each State; bears to

‘‘(II) the total vehicle miles traveled on laneson principal arterial routes (excluding InterstateSystem routes) in all States.

‘‘(iii) 30 percent in the ratio that—‘‘(I) the total diesel fuel used on highways in

each State; bears to‘‘(II) the total diesel fuel used on highways in

all States.

‘‘(iv) 10 percent in the ratio that—‘‘(I) the quotient obtained by dividing the

total lane miles on principal arterial highwaysin each State by the total population of theState; bears to

‘‘(II) the quotient obtained by dividing thetotal lane miles on principal arterial highwaysin all States by the total population of allStates.

‘‘(B) MINIMUM APPORTIONMENT.—Notwith-standing subparagraph (A) and paragraph (4),each State shall receive a minimum of 1⁄2 of 1percent of the funds apportioned under sub-paragraph (A) and paragraph (4).

‘‘(2) CONGESTION MITIGATION AND AIR QUALITYIMPROVEMENT PROGRAM.—

‘‘(A) IN GENERAL.—For the congestion mitiga-tion and air quality improvement program, inthe ratio that—

‘‘(i) the total of all weighted nonattainmentand maintenance area populations in eachState; bears to

‘‘(ii) the total of all weighted nonattainmentand maintenance area populations in all States.

‘‘(B) CALCULATION OF WEIGHTED NONATTAIN-MENT AND MAINTENANCE AREA POPULATION.—Subject to subparagraph (C), for the purpose ofsubparagraph (A), the weighted nonattainmentand maintenance area population shall be cal-culated by multiplying the population of eacharea in a State that was a nonattainment areaor maintenance area as described in section149(b) for ozone or carbon monoxide by a factorof—

‘‘(i) 0.8 if—‘‘(I) at the time of the apportionment, the area

is a maintenance area; or‘‘(II) at the time of the apportionment, the

area is classified as a submarginal ozone non-attainment area under the Clean Air Act (42U.S.C. 7401 et seq.);

‘‘(ii) 1.0 if, at the time of the apportionment,the area is classified as a marginal ozone non-attainment area under subpart 2 of part D oftitle I of the Clean Air Act (42 U.S.C. 7511 etseq.);

‘‘(iii) 1.1 if, at the time of the apportionment,the area is classified as a moderate ozone non-attainment area under such subpart;

‘‘(iv) 1.2 if, at the time of the apportionment,the area is classified as a serious ozone non-attainment area under such subpart;

‘‘(v) 1.3 if, at the time of the apportionment,the area is classified as a severe ozone non-attainment area under such subpart;

‘‘(vi) 1.4 if, at the time of the apportionment,the area is classified as an extreme ozone non-attainment area under such subpart; or

‘‘(vii) 1.0 if, at the time of the apportionment,the area is not a nonattainment or maintenancearea as described in section 149(b) for ozone, butis classified under subpart 3 of part D of title Iof such Act (42 U.S.C. 7512 et seq.) as a non-attainment area described in section 149(b) forcarbon monoxide.

‘‘(C) ADDITIONAL ADJUSTMENT FOR CARBONMONOXIDE AREAS.—

‘‘(i) CARBON MONOXIDE NONATTAINMENTAREAS.—If, in addition to being classified as anonattainment or maintenance area for ozone,the area was also classified under subpart 3 ofpart D of title I of such Act (42 U.S.C. 7512 etseq.) as a nonattainment area described in sec-tion 149(b) for carbon monoxide, the weightednonattainment or maintenance area populationof the area, as determined under clauses (i)through (vi) of subparagraph (B), shall be fur-ther multiplied by a factor of 1.2.

‘‘(ii) CARBON MONOXIDE MAINTENANCEAREAS.—If, in addition to being classified as anonattainment or maintenance area for ozone,the area was at one time also classified undersubpart 3 of part D of title I of such Act (42U.S.C. 7512 et seq.) as a nonattainment area de-scribed in section 149(b) for carbon monoxide buthas been redesignated as a maintenance area,the weighted nonattainment or maintenancearea population of the area, as determined

CONGRESSIONAL RECORD — HOUSE H3797May 22, 1998under clauses (i) through (vi) of subparagraph(B), shall be further multiplied by a factor of1.1.

‘‘(D) MINIMUM APPORTIONMENT.—Notwith-standing any other provision of this paragraph,each State shall receive a minimum of 1⁄2 of 1percent of the funds apportioned under thisparagraph.

‘‘(E) DETERMINATIONS OF POPULATION.—In de-termining population figures for the purposes ofthis paragraph, the Secretary shall use the lat-est available annual estimates prepared by theSecretary of Commerce.

‘‘(3) SURFACE TRANSPORTATION PROGRAM.—‘‘(A) IN GENERAL.—For the surface transpor-

tation program, in accordance with the follow-ing formula:

‘‘(i) 25 percent of the apportionments in theratio that—

‘‘(I) the total lane miles of Federal-aid high-ways in each State; bears to

‘‘(II) the total lane miles of Federal-aid high-ways in all States.

‘‘(ii) 40 percent of the apportionments in theratio that—

‘‘(I) the total vehicle miles traveled on laneson Federal-aid highways in each State; bears to

‘‘(II) the total vehicle miles traveled on laneson Federal-aid highways in all States.

‘‘(iii) 35 percent of the apportionments in theratio that—

‘‘(I) the estimated tax payments attributableto highway users in each State paid into theHighway Trust Fund (other than the MassTransit Account) in the latest fiscal year forwhich data are available; bears to

‘‘(II) the estimated tax payments attributableto highway users in all States paid into theHighway Trust Fund (other than the MassTransit Account) in the latest fiscal year forwhich data are available.

‘‘(B) MINIMUM APPORTIONMENT.—Notwith-standing subparagraph (A), each State shall re-ceive a minimum of 1⁄2 of 1 percent of the fundsapportioned under this paragraph.

‘‘(4) INTERSTATE MAINTENANCE COMPONENT.—For resurfacing, restoring, rehabilitating, andreconstructing the Interstate System—

‘‘(A) 331⁄3 percent in the ratio that—‘‘(i) the total lane miles on Interstate System

routes open to traffic in each State; bears to‘‘(ii) the total of all such lane miles in all

States;‘‘(B) 331⁄3 percent in the ratio that—‘‘(i) the total vehicle miles traveled on lanes

on Interstate System routes designated under—‘‘(I) section 103;‘‘(II) section 139(a) (as in effect on the day be-

fore the date of enactment of the TransportationEquity Act for the 21st Century) before March 9,1984 (other than routes on toll roads not subjectto a Secretarial agreement under section 105 ofthe Federal-Aid Highway Act of 1978 (92 Stat.2692)); and

‘‘(III) section 139(c) (as in effect on the daybefore the date of enactment of the Transpor-tation Equity Act for the 21st Century);in each State; bears to

‘‘(ii) the total of all such vehicle miles traveledin all States; and

‘‘(C) 331⁄3 percent in the ratio that—‘‘(i) the total of each State’s annual contribu-

tions to the Highway Trust Fund (other thanthe Mass Transit Account) attributable to com-mercial vehicles; bears to

‘‘(ii) the total of such annual contributions byall States.

(c) OPERATION LIFESAVER AND HIGH SPEEDRAIL CORRIDORS.—Section 104(d) of such title isamended—

(1) in paragraph (1) by striking ‘‘The’’ and allthat follows through ‘‘$300,000 for each’’ and in-serting ‘‘Before making an apportionment undersubsection (b)(3) of this section for a fiscal year,the Secretary shall set aside $500,000 for such’’;and

(2) by striking paragraphs (2) and (3) and in-serting the following:

‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARDELIMINATION IN HIGH SPEED RAIL CORRIDORS.—

‘‘(A) IN GENERAL.—Before making an appor-tionment of funds under subsection (b)(3) for afiscal year, the Secretary shall set aside$5,250,000 of the funds made available for thesurface transportation program for the fiscalyear for elimination of hazards of railway-high-way crossings.

‘‘(B) ELIGIBLE CORRIDORS.—Subject to sub-paragraph (E), funds made available under sub-paragraph (A) shall be expended for projectsin—

‘‘(i) 5 railway corridors selected by the Sec-retary in accordance with this subsection (as ineffect on the day before the date of enactment ofthis clause);

‘‘(ii) 3 railway corridors selected by the Sec-retary in accordance with subparagraphs (C)and (D);

‘‘(iii) a Gulf Coast high speed railway corridor(as designated by the Secretary);

‘‘(iv) a Keystone high speed railway corridorfrom Philadelphia to Harrisburg, Pennsylvania;and

‘‘(v) an Empire State railway corridor fromNew York City to Albany to Buffalo, New York.

‘‘(C) REQUIRED INCLUSION OF HIGH SPEED RAILLINES.—A corridor selected by the Secretaryunder subparagraph (B) shall include rail lineswhere railroad speeds of 90 miles or more perhour are occurring or can reasonably be ex-pected to occur in the future.

‘‘(D) CONSIDERATIONS IN CORRIDOR SELEC-TION.—In selecting corridors under subpara-graph (B), the Secretary shall consider—

‘‘(i) projected rail ridership volume in eachcorridor;

‘‘(ii) the percentage of each corridor overwhich a train will be capable of operating at itsmaximum cruise speed taking into account suchfactors as topography and other traffic on theline;

‘‘(iii) projected benefits to nonriders such ascongestion relief on other modes of transpor-tation serving each corridor (including conges-tion in heavily traveled air passenger corridors);

‘‘(iv) the amount of State and local financialsupport that can reasonably be anticipated forthe improvement of the line and related facili-ties; and

‘‘(v) the cooperation of the owner of the right-of-way that can reasonably be expected in theoperation of high speed rail passenger service ineach corridor.

‘‘(E) CERTAIN IMPROVEMENTS.—Not less than$250,000 of such set-aside shall be available perfiscal year for eligible improvements to the Min-neapolis/St. Paul-Chicago segment of the Mid-west High Speed Rail Corridor.

‘‘(F) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated$15,000,000 for each of fiscal years 1999 through2003 to carry out this subsection.’’.

(d) CERTIFICATION OF APPORTIONMENTS.—Sec-tion 104(e) of such title is amended—

(1) by inserting ‘‘CERTIFICATION OF APPOR-TIONMENTS.—’’ after ‘‘(e)’’;

(2) by inserting ‘‘(1) IN GENERAL.—’’ before‘‘On October 1’’;

(3) by striking the first parenthetical phrase;(4) by striking ‘‘and research’’ the first place

it appears;(5) by striking the second sentence;(6) by adding at the end the following:‘‘(2) NOTICE TO STATES.—If the Secretary has

not made an apportionment under section 104,144, or 157 by the 21st day of a fiscal year begin-ning after September 30, 1998, the Secretaryshall transmit, by such 21st day, to the Commit-tee on Transportation and Infrastructure of theHouse of Representatives and the Committee onEnvironment and Public Works of the Senate awritten statement of the reason for not makingsuch apportionment in a timely manner.’’; and

(7) by indenting paragraph (1) (as designatedby paragraph (2) of this subsection) and align-ing such paragraph (1) with paragraph (2) of

such section (as added by paragraph (6) of thissubsection).

(e) METROPOLITAN PLANNING SET-ASIDE.—Sec-tion 104(f) of such title is amended—

(1) in paragraph (1) by striking ‘‘Interstateconstruction and Interstate substitute pro-grams’’ and inserting ‘‘recreational trails pro-gram’’; and

(2) in paragraph (3) by striking ‘‘120(j) of thistitle’’ and inserting ‘‘120(b)’’.

(f) RECREATIONAL TRAILS PROGRAM.—Section104(h) of such title is amended to read as fol-lows:

‘‘(h) RECREATIONAL TRAILS PROGRAM.—‘‘(1) ADMINISTRATIVE COSTS.—Whenever an

apportionment is made of the sums authorizedto be appropriated to carry out the recreationaltrails program under section 206, the Secretaryshall deduct an amount, not to exceed 11⁄2 per-cent of the sums authorized, to cover the cost tothe Secretary for administration of and researchand technical assistance under the recreationaltrails program and for administration of the Na-tional Recreational Trails Advisory Committee.The Secretary may enter into contracts with for-profit organizations or contracts, partnerships,or cooperative agreements with other govern-ment agencies, institutions of higher learning,or nonprofit organizations to perform thesetasks.

‘‘(2) APPORTIONMENT TO THE STATES.—Aftermaking the deduction authorized by paragraph(1) of this subsection, the Secretary shall appor-tion the remainder of the sums authorized to beappropriated for expenditure on the recreationaltrails program for each fiscal year, among theStates in the following manner:

‘‘(A) 50 percent of that amount shall be appor-tioned equally among eligible States.

‘‘(B) 50 percent of that amount shall be appor-tioned among eligible States in amounts propor-tionate to the degree of non-highway rec-reational fuel use in each of those States duringthe preceding year.

‘‘(3) ELIGIBLE STATE DEFINED.—In this section,the term ‘eligible State’ means a State that meetsthe requirements of section 206(c).’’.

(g) AUDITS OF HIGHWAY TRUST FUND.—Sec-tion 104 of such title is amended by striking sub-section (i) and inserting the following:

‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—Fromadministrative funds deducted under subsection(a), the Secretary may reimburse the Office ofInspector General of the Department of Trans-portation for the conduct of annual audits of fi-nancial statements in accordance with section3521 of title 31.’’.

(h) REPORT ON OBLIGATIONS.—Section 104 ofsuch title is amended by striking subsection (j)and inserting the following:

‘‘(j) REPORT TO CONGRESS.—The Secretaryshall submit to Congress a report for each fiscalyear on—

‘‘(1) the amount obligated, by each State, forFederal-aid highways and highway safety con-struction programs during the preceding fiscalyear;

‘‘(2) the balance, as of the last day of the pre-ceding fiscal year, of the unobligated apportion-ment of each State by fiscal year under this sec-tion and sections 105 and 144;

‘‘(3) the balance of unobligated sums availablefor expenditure at the discretion of the Sec-retary for such highways and programs for thefiscal year; and

‘‘(4) the rates of obligation of funds appor-tioned or set aside under this section and sec-tions 105, 133, and 144, according to—

‘‘(A) program;‘‘(B) funding category or subcategory;‘‘(C) type of improvement;‘‘(D) State; and‘‘(E) sub-State geographic area, including ur-

banized and rural areas, on the basis of thepopulation of each such area.’’.

(i) TRANSFER OF HIGHWAY AND TRANSITFUNDS.—Section 104 of such title is amended byinserting after subsection (j) the following:

CONGRESSIONAL RECORD — HOUSEH3798 May 22, 1998‘‘(k) TRANSFER OF HIGHWAY AND TRANSIT

FUNDS.—‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds

made available under this title and transferredfor transit projects of a type described in section133(b)(2) shall be administered by the Secretaryin accordance with chapter 53 of title 49, exceptthat the provisions of this title relating to thenon-Federal share shall apply to the transferredfunds.

‘‘(2) TRANSFER OF TRANSIT FUNDS.—Fundsmade available under chapter 53 of title 49 andtransferred for highway projects shall be admin-istered by the Secretary in accordance with thistitle, except that the provisions of such chapterrelating to the non-Federal share shall apply tothe transferred funds.

‘‘(3) TRANSFER OF OBLIGATION AUTHORITY.—Obligation authority provided for projects de-scribed in paragraphs (1) and (2) shall be trans-ferred in the same manner and amount as thefunds for the projects are transferred.’’.

(j) EFFECT OF CERTAIN DELAY IN DEPOSITSINTO HIGHWAY TRUST FUND.—Section 104 ofsuch title is amended by adding at the end thefollowing:

‘‘(l) EFFECT OF CERTAIN DELAY IN DEPOSITSINTO HIGHWAY TRUST FUND.—Notwithstandingany other provision of law, deposits into theHighway Trust Fund resulting from the applica-tion of section 901(e) of the Taxpayer Relief Actof 1997 (111 Stat. 872) shall not be taken into ac-count in determining the apportionments andallocations that any State shall be entitled to re-ceive under the Transportation Equity Act forthe 21st Century and this title.’’.

(k) TECHNICAL AMENDMENTS.—Section 104(f)of such title is amended—

(1) by striking ‘‘(f)(1) On’’ and inserting thefollowing:

‘‘(f) METROPOLITAN PLANNING.—‘‘(1) SET-ASIDE.—On’’;(2) in paragraph (1) by striking ‘‘, except

that’’ and all that follows through ‘‘programs’’;(3) by striking ‘‘(2) These’’ and inserting the

following:‘‘(2) APPORTIONMENT TO STATES OF SET-ASIDE

FUNDS.—These’’;(4) by striking ‘‘(3) The’’ and inserting the fol-

lowing:‘‘(3) USE OF FUNDS.—The’’;(5) by striking ‘‘(4) The’’ and inserting the fol-

lowing:‘‘(4) DISTRIBUTION OF FUNDS WITHIN STATES.—

The’’; and(6) by aligning the remainder of the text of

each of paragraphs (1) through (4) with para-graph (5).

(l) CONFORMING AMENDMENTS.—(1) Section 146(a) of such title is amended in

the first sentence by striking ‘‘, 104(b)(2), and104(b)(6)’’ and inserting ‘‘and 104(b)(3)’’.

(2) Section 158 of such title is amended—(A) in subsection (a)—(i) by striking paragraph (1);(ii) by redesignating paragraphs (2) and (3) as

paragraphs (1) and (2), respectively;(iii) in paragraph (1) (as so redesignated)—(I) by striking ‘‘AFTER THE FIRST YEAR’’ and

inserting ‘‘IN GENERAL’’; and(II) by striking ‘‘104(b)(2), 104(b)(5), and

104(b)(6)’’ and inserting ‘‘104(b)(3), and104(b)(4)’’; and

(iv) in paragraph (2) (as redesignated byclause (ii)) by striking ‘‘paragraphs (1) and (2)of this subsection’’ and inserting ‘‘paragraph(1)’’; and

(B) by striking subsection (b) and insertingthe following:

‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—Nofunds withheld under this section from appor-tionment to any State after September 30, 1988,shall be available for apportionment to thatState.’’.

(3)(A) Section 115(b)(1) of such title is amend-ed by striking ‘‘104(b)(5)’’ and inserting‘‘104(b)(4)’’.

(B) Section 137(f)(1) of such title is amendedby striking ‘‘section 104(b)(5)(B) of this title’’and inserting ‘‘section 104(b)(4)’’.

(C) Section 141(c) of such title is amended bystriking ‘‘section 104(b)(5) of this title’’ eachplace it appears and inserting ‘‘section104(b)(4)’’.

(D) Section 142(c) of such title is amended bystriking ‘‘(other than section 104(b)(5)(A))’’.

(E) Section 159 of such title is amended—(i) by striking ‘‘(5) of’’ each place it appears

and inserting ‘‘(5) (as in effect on the day beforethe date of enactment of the Transportation Eq-uity Act for the 21st Century) of’’; and

(ii) in subsection (b)—(I) in paragraphs (1)(A)(i) and (3)(A) by strik-

ing ‘‘section 104(b)(5)(A)’’ each place it appearsand inserting ‘‘section 104(b)(5)(A) (as in effecton the day before the date of enactment of theTransportation Equity Act for the 21st Cen-tury)’’;

(II) in paragraph (1)(A)(ii) by striking ‘‘sec-tion 104(b)(5)(B)’’ and inserting ‘‘section104(b)(5)(B) (as in effect on the day before thedate of enactment of the Transportation EquityAct for the 21st Century)’’;

(III) in paragraph (3)(B) by striking ‘‘(5)(B)’’and inserting ‘‘(5)(B) (as in effect on the day be-fore the date of enactment of the TransportationEquity Act for the 21st Century)’’; and

(IV) in paragraphs (3) and (4) by striking‘‘section 104(b)(5)’’ each place it appears and in-serting ‘‘section 104(b)(5) (as in effect on the daybefore the date of enactment of the Transpor-tation Equity Act for the 21st Century)’’.

(F) Section 161(a) of such title is amended bystriking ‘‘paragraphs (1), (3), and (5)(B) of sec-tion 104(b)’’ each place it appears and inserting‘‘paragraphs (1), (3), and (4) of section 104(b)’’.

(4) Section 142(b) of such title is amended bystriking ‘‘paragraph (5) of subsection (b) of sec-tion 104 of this title’’ and inserting ‘‘section104(b)(4)’’.

(m) ADJUSTMENTS FOR THE SURFACE TRANS-PORTATION EXTENSION ACT OF 1997.—

(1) IN GENERAL.—Notwithstanding any otherprovision of law and subject to section 2(c) ofthe Surface Transportation Extension Act of1997, the Secretary shall ensure that the totalapportionments for a State (other than Massa-chusetts) for fiscal year 1998 made under theTransportation Equity Act for the 21st Century(including amendments made by such Act) shallbe reduced by the amount apportioned to suchState (other than Massachusetts) under section1003(d)(1) of the Intermodal Surface Transpor-tation Efficiency Act of 1991.

(2) REPAYMENT OF TRANSFERRED FUNDS.—TheSecretary shall ensure that any apportionmentsmade to a State for fiscal year 1998 and adjustedunder paragraph (1) shall first be used to restorein accordance with section 3(c) of the SurfaceTransportation Extension Act of 1997 any fundsthat a State transferred under section 3 of suchAct.

(3) INSUFFICIENT FUNDS FOR REPAYMENT.—If aState has insufficient funds apportioned in fis-cal year 1998 under the Transportation EquityAct for the 21st Century (including amendmentsmade by such Act) to make the adjustment re-quired by paragraph (1), then the Secretaryshall make an adjustment to any funds appor-tioned to such State in fiscal year 1999.

(4) ALLOCATED PROGRAMS.—Notwithstandingany other provision of law, amounts made avail-able for fiscal year 1998 by the TransportationEquity Act for the 21st Century (includingamendments made by such Act) for a programthat is continued by both of sections 4, 5, 6, and7 of the Surface Transportation Extension Actof 1997 (including amendments made by suchsections) and the Transportation Equity Act forthe 21st Century (including amendments madeby such Act) shall be reduced by the amountmade available by such sections 4, 5, 6, and 7 forsuch programs.

(5) TREATMENT OF STEA OBLIGATION AUTHOR-ITY.—The amount of obligation authority madeavailable under section 2(e) of the SurfaceTransportation Extension Act of 1997 shall beconsidered to be an amount of obligation au-

thority made available for fiscal year 1998 undersection 1102(a) of this Act.

(n) STATE DEFINED.—For the purposes of ap-portioning funds under sections 104, 105, 144,and 206, the term ‘‘State’’ means any of the 50States and the District of Columbia.SEC. 1104. MINIMUM GUARANTEE.

(a) IN GENERAL.—Section 105 of title 23,United States Code, is amended to read as fol-lows:‘‘§ 105. Minimum guarantee

‘‘(a) GENERAL RULE.—For each of fiscal years1998 through 2003, the Secretary shall allocateamong the States amounts sufficient to ensurethat each State’s percentage of the total appor-tionments for such fiscal year of Interstatemaintenance, national highway system, bridge,congestion mitigation and air quality improve-ment, surface transportation, metropolitanplanning, minimum guarantee, high priorityprojects, Appalachian development highwaysystem, and recreational trails programs shallequal the percentage listed for each State insubsection (b).

‘‘(b) STATE PERCENTAGES.—The percentage foreach State referred to in subsection (a) shall bedetermined in accordance with the followingtable:

‘‘States: PercentageAlabama .................................... 2.0269Alaska ....................................... 1.1915Arizona ...................................... 1.5581Arkansas .................................... 1.3214California .................................. 9.1962Colorado .................................... 1.1673Connecticut ................................ 1.5186Delaware .................................... 0.4424District of Columbia .................... 0.3956Florida ....................................... 4.6176Georgia ...................................... 3.5104Hawaii ....................................... 0.5177Idaho ......................................... 0.7718Illinois ....................................... 3.3819Indiana ...................................... 2.3588Iowa .......................................... 1.2020Kansas ....................................... 1.1717Kentucky ................................... 1.7365Louisiana ................................... 1.5900Maine ........................................ 0.5263Maryland ................................... 1.5087Massachusetts ............................ 1.8638Michigan ................................... 3.1535Minnesota .................................. 1.4993Mississippi ................................. 1.2186Missouri ..................................... 2.3615Montana .................................... 0.9929Nebraska .................................... 0.7768Nevada ...................................... 0.7248New Hampshire .......................... 0.5163New Jersey ................................. 2.5816New Mexico ................................ 0.9884New York ................................... 5.1628North Carolina ........................... 2.8298North Dakota ............................. 0.6553Ohio .......................................... 3.4257Oklahoma .................................. 1.5419Oregon ....................................... 1.2183Pennsylvania ............................. 4.9887Rhode Island .............................. 0.5958South Carolina ........................... 1.5910South Dakota ............................. 0.7149Tennessee ................................... 2.2646Texas ......................................... 7.2131Utah .......................................... 0.7831Vermont ..................................... 0.4573Virginia ..................................... 2.5627Washington ................................ 1.7875West Virginia ............................. 1.1319Wisconsin ................................... 1.9916Wyoming .................................... 0.6951‘‘(c) TREATMENT OF FUNDS.—‘‘(1) PROGRAMMATIC DISTRIBUTION.—The Sec-

retary shall apportion 50 percent of the amountsmade available under this section that exceed$2,800,000,000 so that the amount apportioned toeach State under this paragraph for each pro-gram referred to in subsection (a) (other than

CONGRESSIONAL RECORD — HOUSE H3799May 22, 1998metropolitan planning, minimum guarantee,high priority projects, Appalachian developmenthighway system, and recreational trails pro-grams) is equal to the amount determined bymultiplying the amount to be apportioned underthis paragraph by the ratio that—

‘‘(A) the amount of funds apportioned to eachState for each program referred to in subsection(a) for a fiscal year; bears to

‘‘(B) the total amount of funds apportioned toall States for such program for such fiscal year.

‘‘(2) REMAINING DISTRIBUTION.—The Secretaryshall apportion the remainder of funds madeavailable under this section to the States in ac-cordance with section 104(b)(3); except that re-quirements of paragraphs (1), (2), and (3) of sec-tion 133(d) shall not apply to amounts appor-tioned pursuant to this paragraph.

‘‘(d) AUTHORIZATION.—There are authorizedto be appropriated out of the Highway TrustFund (other than the Mass Transit Account)such sums as may be necessary to carry out thissection for each of fiscal years 1998 through2003.

‘‘(e) SPECIAL RULE.—If in any of fiscal years1999 through 2003, the amount authorized undersubsection (d) is more than 30 percent higherthan the amount authorized under subsection(d) in fiscal year 1998, the Secretary shall usethe apportionment factors under sections 104and 144 as in effect on the date of enactment ofthis section.

‘‘(f) GUARANTEE OF 90.5 RETURN.—‘‘(1) IN GENERAL.—Before making any appor-

tionment under this title for each of fiscal years1999 through 2003, the Secretary, subject toparagraph (2), shall adjust the percentages inthe table in subsection (b) to reflect the esti-mated percentage of estimated tax payments at-tributable to highway users in each State paidinto the Highway Trust Fund (other than theMass Transit Account) in the latest fiscal yearfor which data is available, to ensure that noState’s return from such Trust Fund is less than90.5 percent.

‘‘(2) ELIGIBILITY THRESHOLD FOR INITIAL AD-JUSTMENT.—The Secretary may make an adjust-ment under paragraph (1) for a State for a fiscalyear only if the State’s return from the HighwayTrust Fund (other than the Mass Transit Ac-count) for the preceding fiscal year was equal toor less than 90.5 percent.

‘‘(3) CONFORMING ADJUSTMENTS.—After mak-ing any adjustments under paragraph (1) for afiscal year, the Secretary shall adjust the re-maining percentages in the table set forth insubsection (b) to ensure that the total of the per-centages in the table do not exceed 100 percentfor such fiscal year.

‘‘(4) LIMITATION ON ADJUSTMENTS.—Aftermaking any adjustments under paragraph (3)for a fiscal year, the Secretary shall determinewhether or not any State’s return from theHighway Trust Fund (other than the MassTransit Account) is less than 90.5 percent as aresult of such adjustments and shall adjust thepercentages in the table for such fiscal year ac-cordingly. Adjustments of the percentages in thetable under this paragraph may not result inthe total of such percentages exceeding 100 per-cent.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by strikingthe item relating to section 105 and inserting thefollowing:‘‘105. Minimum guarantee.’’.SEC. 1105. REVENUE ALIGNED BUDGET AUTHOR-

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

States Code, is amended by striking section 110and inserting the following:‘‘§ 110. Revenue aligned budget authority

‘‘(a) DETERMINATION OF AMOUNT.—On Octo-ber 15 of fiscal year 1999, and each fiscal yearthereafter, the Secretary shall allocate anamount of funds equal to the amount deter-mined pursuant to section 251(b)(1)(B)(I)(cc) of

the Balanced Budget and Emergency DeficitControl Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).

‘‘(b) GENERAL DISTRIBUTION.—The Secretaryshall—

‘‘(1) determine the ratio that—‘‘(A) the sums authorized to be appropriated

from the Highway Trust Fund (other than theMass Transit Account) for each of the for Fed-eral-aid highway and highway safety construc-tion programs (other than the minimum guaran-tee program) for which funds are allocated fromsuch Trust Fund by the Secretary under thistitle and the Transportation Equity Act for the21st Century for a fiscal year, bears to

‘‘(B) the total of all sums authorized to be ap-propriated from such Trust Fund for such pro-grams for such fiscal year;

‘‘(2) multiply the ratio determined under para-graph (1) by the total amount of funds to be al-located under subsection (a) for such fiscalyear;

‘‘(3) allocate the amount determined underparagraph (2) among such programs in the ratiothat—

‘‘(A) the sums authorized to be appropriatedfrom such Trust Fund for each of such programsfor such fiscal year, bears to

‘‘(B) the sums authorized to be appropriatedfrom such Trust Fund for all such programs forsuch fiscal year; and

‘‘(4) allocate the remainder of the funds to beallocated under subsection (a) for such fiscalyear to the States in the ratio that—

‘‘(A) the total of all funds authorized to beappropriated from such Trust Fund for Federal-aid highway and highway safety constructionprograms that are apportioned to each State forsuch fiscal year but for this section, bears to

‘‘(B) the total of all funds authorized to beappropriated from such Trust Fund for suchprograms that are apportioned to all States forsuch fiscal year but for this section.

‘‘(c) STATE PROGRAMMATIC DISTRIBUTION.—Ofthe funds to be apportioned to each State undersubsection (b)(4) for a fiscal year, the Secretaryshall ensure that such funds are apportioned forthe Interstate maintenance program, the Na-tional Highway System program, the bridge pro-gram, the surface transportation program, andthe congestion mitigation air quality improve-ment program in the same ratio that each Stateis apportioned funds for such programs for suchfiscal year but for this section.

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated fromthe Highway Trust Fund (other than the MassTransit Account) such sums as may be nec-essary to carry out this section for fiscal yearsbeginning after September 30, 1998.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by strikingthe item relating to section 110 and inserting thefollowing:‘‘110. Revenue aligned budget authority.’’.SEC. 1106. FEDERAL-AID SYSTEMS.

(a) ADMINISTRATION OF NATIONAL HIGHWAYSYSTEM AND INTERSTATE MAINTENANCE PRO-GRAM.—The Secretary shall administer the Na-tional Highway System program and the Inter-state Maintenance program as a combined pro-gram for purposes of allowing States maximumflexibility. References in this Act and title 23,United States Code, shall not be affected bysuch consolidation.

(b) FEDERAL-AID SYSTEMS.—Section 103 oftitle 23, United States Code, is amended to readas follows:‘‘§ 103. Federal-aid systems

‘‘(a) IN GENERAL.—For the purposes of thistitle, the Federal-aid systems are the InterstateSystem and the National Highway System.

‘‘(b) NATIONAL HIGHWAY SYSTEM.—‘‘(1) DESCRIPTION.—The National Highway

System consists of the highway routes and con-nections to transportation facilities depicted onthe map submitted by the Secretary to Congresswith the report entitled ‘Pulling Together: The

National Highway System and its Connectionsto Major Intermodal Terminals’ and dated May24, 1996. The system shall—

‘‘(A) serve major population centers, inter-national border crossings, ports, airports, publictransportation facilities, and other intermodaltransportation facilities and other major traveldestinations;

‘‘(B) meet national defense requirements; and‘‘(C) serve interstate and interregional travel.‘‘(2) COMPONENTS.—The National Highway

System described in paragraph (1) consists ofthe following:

‘‘(A) The Interstate System described in sub-section (c).

‘‘(B) Other urban and rural principal arterialroutes.

‘‘(C) Other connector highways (including tollfacilities) that provide motor vehicle access be-tween arterial routes on the National HighwaySystem and a major intermodal transportationfacility.

‘‘(D) A strategic highway network consistingof a network of highways that are important tothe United States strategic defense policy andthat provide defense access, continuity, andemergency capabilities for the movement of per-sonnel, materials, and equipment in both peace-time and wartime. The highways may be high-ways on or off the Interstate System and shallbe designated by the Secretary in consultationwith appropriate Federal agencies and theStates.

‘‘(E) Major strategic highway network con-nectors consisting of highways that providemotor vehicle access between major military in-stallations and highways that are part of thestrategic highway network. The highways shallbe designated by the Secretary in consultationwith appropriate Federal agencies and theStates.

‘‘(3) MAXIMUM MILEAGE.—The mileage ofhighways on the National Highway Systemshall not exceed 178,250 miles.

‘‘(4) MODIFICATIONS TO NHS.—‘‘(A) IN GENERAL.—The Secretary may make

any modification, including any modificationconsisting of a connector to a major intermodalterminal, to the National Highway System thatis proposed by a State or that is proposed by aState and revised by the Secretary if the Sec-retary determines that the modification—

‘‘(i) meets the criteria established for the Na-tional Highway System under this title; and

‘‘(ii) enhances the national transportationcharacteristics of the National Highway System.

‘‘(B) COOPERATION.—‘‘(i) IN GENERAL.—In proposing a modification

under this paragraph, a State shall cooperatewith local and regional officials.

‘‘(ii) URBANIZED AREAS.—In an urbanizedarea, the local officials shall act through themetropolitan planning organization designatedfor the area under section 134.

‘‘(5) CONGRESSIONAL HIGH PRIORITY COR-RIDORS.—Upon the completion of feasibilitystudies, the Secretary shall add to the NationalHighway System any congressional high prior-ity corridor or any segment of such a corridorestablished by section 1105 of the IntermodalSurface Transportation Efficiency Act of 1991(105 Stat. 2031 et seq.) that was not identified onthe National Highway System described in para-graph (1).

‘‘(6) ELIGIBLE PROJECTS FOR NHS.—Subject toapproval by the Secretary, funds apportioned toa State under section 104(b)(1) for the NationalHighway System may be obligated for any of thefollowing:

‘‘(A) Construction, reconstruction, resur-facing, restoration, and rehabilitation of seg-ments of the National Highway System.

‘‘(B) Operational improvements for segmentsof the National Highway System.

‘‘(C) Construction of, and operational im-provements for, a Federal-aid highway not onthe National Highway System, and constructionof a transit project eligible for assistance underchapter 53 of title 49, if—

CONGRESSIONAL RECORD — HOUSEH3800 May 22, 1998‘‘(i) the highway or transit project is in the

same corridor as, and in proximity to, a fullyaccess-controlled highway designated as a partof the National Highway System;

‘‘(ii) the construction or improvements will im-prove the level of service on the fully access-controlled highway described in clause (i) andimprove regional traffic flow; and

‘‘(iii) the construction or improvements aremore cost-effective than an improvement to thefully access-controlled highway described inclause (i).

‘‘(D) Highway safety improvements for seg-ments of the National Highway System.

‘‘(E) Transportation planning in accordancewith sections 134 and 135.

‘‘(F) Highway research and planning in ac-cordance with chapter 5.

‘‘(G) Highway-related technology transfer ac-tivities.

‘‘(H) Capital and operating costs for trafficmonitoring, management, and control facilitiesand programs.

‘‘(I) Fringe and corridor parking facilities.‘‘(J) Carpool and vanpool projects.‘‘(K) Bicycle transportation and pedestrian

walkways in accordance with section 217.‘‘(L) Development, establishment, and imple-

mentation of management systems under section303.

‘‘(M) In accordance with all applicable Fed-eral law (including regulations), participationin natural habitat and wetland mitigation ef-forts related to projects funded under this title,which may include participation in naturalhabitat and wetland mitigation banks, contribu-tions to statewide and regional efforts to con-serve, restore, enhance, and create naturalhabitats and wetland, and development of state-wide and regional natural habitat and wetlandconservation and mitigation plans, includingany such banks, efforts, and plans authorizedunder the Water Resources Development Act of1990 (Public Law 101–640) (including creditingprovisions). Contributions to the mitigation ef-forts described in the preceding sentence maytake place concurrent with or in advance ofproject construction; except that contributionsin advance of project construction may occuronly if the efforts are consistent with all appli-cable requirements of Federal law (includingregulations) and State transportation planningprocesses. With respect to participation in a nat-ural habitat or wetland mitigation effort relatedto a project funded under this title that has animpact that occurs within the service area of amitigation bank, preference shall be given, tothe maximum extent practicable, to the use ofthe mitigation bank if the bank contains suffi-cient available credits to offset the impact andthe bank is approved in accordance with theFederal Guidance for the Establishment, Useand Operation of Mitigation Banks (60 Fed.Reg. 58605 (November 28, 1995)) or other applica-ble Federal law (including regulations).

‘‘(N) Publicly-owned intracity or intercity busterminals.

‘‘(O) Infrastructure-based intelligent trans-portation systems capital improvements.

‘‘(P) In the Virgin Islands, Guam, AmericanSamoa, and the Commonwealth of the NorthernMariana Islands, any project eligible for assist-ance under section 133, any airport, and anyseaport.

‘‘(c) INTERSTATE SYSTEM.—‘‘(1) DESCRIPTION.—‘‘(A) IN GENERAL.—The Dwight D. Eisenhower

National System of Interstate and Defense High-ways within the United States (including theDistrict of Columbia and Puerto Rico) consistsof highways designed, located, and selected inaccordance with this paragraph.

‘‘(B) DESIGN.—‘‘(i) IN GENERAL.—Except as provided in

clause (ii), highways on the Interstate Systemshall be designed in accordance with the stand-ards of section 109(b).

‘‘(ii) EXCEPTION.—Highways on the InterstateSystem in Alaska and Puerto Rico shall be de-

signed in accordance with such geometric andconstruction standards as are adequate for cur-rent and probable future traffic demands andthe needs of the locality of the highway.

‘‘(C) LOCATION.—Highways on the InterstateSystem shall be located so as—

‘‘(i) to connect by routes, as direct as prac-ticable, the principal metropolitan areas, cities,and industrial centers;

‘‘(ii) to serve the national defense; and‘‘(iii) to the maximum extent practicable, to

connect at suitable border points with routes ofcontinental importance in Canada and Mexico.

‘‘(D) SELECTION OF ROUTES.—To the maximumextent practicable, each route of the InterstateSystem shall be selected by joint action of theState transportation departments of the State inwhich the route is located and the adjoiningStates, in cooperation with local and regionalofficials, and subject to the approval of the Sec-retary.

‘‘(2) MAXIMUM MILEAGE.—The mileage ofhighways on the Interstate System shall not ex-ceed 43,000 miles, exclusive of designationsunder paragraph (4).

‘‘(3) MODIFICATIONS.—The Secretary may ap-prove or require modifications to the InterstateSystem in a manner consistent with the policiesand procedures established under this sub-section.

‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—‘‘(A) ADDITIONS.—If the Secretary determines

that a highway on the National Highway Sys-tem meets all standards of a highway on theInterstate System and that the highway is a log-ical addition or connection to the Interstate Sys-tem, the Secretary may, upon the affirmativerecommendation of the State or States in whichthe highway is located, designate the highwayas a route on the Interstate System.

‘‘(B) DESIGNATIONS AS FUTURE INTERSTATESYSTEM ROUTES.—

‘‘(i) IN GENERAL.—If the Secretary determinesthat a highway on the National Highway Sys-tem would be a logical addition or connection tothe Interstate System and would qualify for des-ignation as a route on the Interstate Systemunder subparagraph (A) if the highway met allstandards of a highway on the Interstate Sys-tem, the Secretary may, upon the affirmativerecommendation of the State or States in whichthe highway is located, designate the highwayas a future Interstate System route.

‘‘(ii) WRITTEN AGREEMENT OF STATES.—A des-ignation under clause (i) shall be made onlyupon the written agreement of the State orStates described in such clause that the high-way will be constructed to meet all standards ofa highway on the Interstate System by the datethat is 12 years after the date of the agreement.

‘‘(iii) REMOVAL OF DESIGNATION.—‘‘(I) IN GENERAL.—If the State or States de-

scribed in clause (i) have not substantially com-pleted the construction of a highway designatedunder this subparagraph within the time pro-vided for in the agreement between the Sec-retary and the State or States under clause (ii),the Secretary shall remove the designation ofthe highway as a future Interstate Systemroute.

‘‘(II) EFFECT OF REMOVAL.—Removal of thedesignation of a highway under subclause (I)shall not preclude the Secretary from designat-ing the highway as a route on the InterstateSystem under subparagraph (A) or under anyother provision of law providing for addition tothe Interstate System.

‘‘(iv) PROHIBITION ON REFERRAL AS INTER-STATE SYSTEM ROUTE.—No law, rule, regulation,map, document, or other record of the UnitedStates, or of any State or political subdivision ofa State, shall refer to any highway designatedas a future Interstate System route under thissubparagraph, nor shall any such highway besigned or marked, as a highway on the Inter-state System until such time as the highway isconstructed to the geometric and constructionstandards for the Interstate System and has

been designated as a route on the InterstateSystem.

‘‘(C) FINANCIAL RESPONSIBILITY.—Except asprovided in this title, the designation of a high-way under this paragraph shall create no addi-tional Federal financial responsibility with re-spect to the highway.

‘‘(d) TRANSFER OF INTERSTATE CONSTRUCTIONFUNDS.—

‘‘(1) INTERSTATE CONSTRUCTION FUNDS NOT INSURPLUS.—

‘‘(A) IN GENERAL.—Upon application by aState and approval by the Secretary, the Sec-retary may transfer to the apportionment of theState under section 104(b)(1) any amount offunds apportioned to the State under section104(b)(5)(A) (as in effect on the day before thedate of enactment of the Transportation EquityAct for the 21st Century), if the amount does notexceed the Federal share of the costs of con-struction of segments of the Interstate System inthe State included in the most recent InterstateSystem cost estimate.

‘‘(B) EFFECT OF TRANSFER.—Upon transfer ofan amount under subparagraph (A), the con-struction on which the amount is based, as in-cluded in the most recent Interstate System costestimate, shall not be eligible for funding undersection 104(b)(5)(A) (as in effect on the day be-fore the date of enactment of the TransportationEquity Act for the 21st Century) or 118(c).

‘‘(2) SURPLUS INTERSTATE CONSTRUCTIONFUNDS.—Upon application by a State and ap-proval by the Secretary, the Secretary maytransfer to the apportionment of the State undersection 104(b)(1) any amount of surplus fundsapportioned to the State under section104(b)(5)(A) (as in effect on the day before thedate of enactment of the Transportation EquityAct for the 21st Century), if the State has fullyfinanced all work eligible under the most recentInterstate System cost estimate.

‘‘(3) APPLICABILITY OF CERTAIN LAWS.—Fundstransferred under this subsection shall be sub-ject to the laws (including regulations, policies,and procedures) relating to the apportionmentto which the funds are transferred.’’.

(b) UNOBLIGATED BALANCES OF INTERSTATESUBSTITUTE FUNDS.—Unobligated balances offunds apportioned to a State under section103(e)(4)(H) of title 23, United States Code (as ineffect on the day before the date of enactment ofthis Act), shall be available for obligation by theState under the law (including regulations, poli-cies, and procedures) relating to the obligationand expenditure of the funds in effect on thatdate.

(c) CONFORMING AMENDMENTS.—(1)(A) Section 115(a) of title 23, United States

Code, is amended—(i) in the subsection heading by striking ‘‘SUB-

STITUTE,’’; and(ii) in paragraph (1)(A)(i) by striking

‘‘103(e)(4)(H),’’;(B) Section 118 of such title is amended—(i) by striking subsection (d); and(ii) by redesignating subsections (e) and (f) as

subsections (d) and (e), respectively.(C) Section 129(b) of such title is amended in

the first sentence by striking ‘‘which has been’’and all that follows through ‘‘and has not’’ andinserting ‘‘which is a public road and has not’’.

(2)(A) Section 139 of such title, and the itemrelating to such section in the analysis for chap-ter 1 of such title, are repealed.

(B) Section 127(f) of such title is amended bystriking ‘‘section 139(a)’’ and inserting ‘‘section103(c)(4)(A)’’.

(C) Section 1105(e)(5) of the Intermodal Sur-face Transportation Efficiency Act of 1991 (109Stat. 597) is amended by striking subparagraph(B) and inserting the following:

‘‘(B) TREATMENT OF SEGMENTS.—Subject tosubparagraph (C), segments designated as partsof the Interstate System under this paragraphshall be treated in the same manner as segmentsdesignated under section 103(c)(4)(A) of title 23,United States Code.’’.

CONGRESSIONAL RECORD — HOUSE H3801May 22, 1998(d) INTERMODAL FREIGHT CONNECTORS

STUDY.—(1) REPORT.—Not later than 2 years after the

date of enactment of this Act, the Secretaryshall—

(A) review the condition of and improvementsmade, since the designation of the NationalHighway System, to connectors on the NationalHighway System that serve seaports, airports,and other intermodal freight transportation fa-cilities; and

(B) report to Congress on the results of suchreview.

(2) REVIEW.—In preparing the report, the Sec-retary shall review the connectors and identifyprojects carried out on those connectors thatwere intended to provide and improve service toan intermodal facility referred to in paragraph(1) and to facilitate the efficient movement offreight, including movements of freight betweenmodes.

(3) IDENTIFICATION OF IMPEDIMENTS.—If theSecretary determines on the basis of the reviewthat there are impediments to improving theconnectors serving intermodal facilities referredto in paragraph (1), the Secretary shall identifysuch impediments and make any appropriaterecommendations as part of the Secretary’s re-port to Congress under this subsection.SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.

(a) IN GENERAL.—Section 119 of title 23,United States Code, is amended—

(1) by striking subsection (a) and inserting thefollowing:

‘‘(a) IN GENERAL.—‘‘(1) PROJECTS.—The Secretary may approve

projects for resurfacing, restoring, rehabilitat-ing, and reconstructing—

‘‘(A) routes on the Interstate System des-ignated under section 103(c)(1) and, in Alaskaand Puerto Rico, under section 103(c)(4)(A);

‘‘(B) routes on the Interstate System des-ignated before the date of enactment of theTransportation Equity Act for the 21st Centuryunder subsections (a) and (b) of section 139 (asin effect on the day before the date of enactmentof such Act); and

‘‘(C) any segments that become part of theInterstate System under section 1105(e)(5) of theIntermodal Surface Transportation EfficiencyAct of 1991.

‘‘(2) TOLL ROADS.—The Secretary may ap-prove a project pursuant to this subsection on atoll road only if such road is subject to a Sec-retarial agreement provided for in section 129 orcontinued in effect by section 1012(d) of theIntermodal Surface Transportation EfficiencyAct of 1991 (105 Stat. 1939) and not voided bythe Secretary under section 120(c) of the SurfaceTransportation and Uniform Relocation Assist-ance Act of 1987 (101 Stat. 159).

‘‘(3) FUNDING.—Sums authorized to be appro-priated to carry out this section shall be out ofthe Highway Trust Fund and shall be appor-tioned in accordance with section 104(b)(4).’’;

(2) by striking subsections (b), (c), and (e);and

(3) by redesignating subsections (d), (f), and(g) as subsections (b), (c), and (d), respectively.

(b) SET-ASIDES FOR INTERSTATE DISCRE-TIONARY PROJECTS.—Section 118(c) of such titleis amended to read as follows:

‘‘(c) SET-ASIDES FOR INTERSTATE DISCRE-TIONARY PROJECTS.—

‘‘(1) IN GENERAL.—Before any apportionmentis made under section 104(b)(4), the Secretaryshall set aside $50,000,000 in fiscal year 1998 and$100,000,000 in each of fiscal years 1999 through2003 for obligation by the Secretary for projectsfor resurfacing, restoring, rehabilitating, and re-constructing any route or portion thereof on theInterstate System (other than any highway des-ignated as a part of the Interstate System undersection 139 (as in effect on the day before thedate of enactment of the Transportation EquityAct for the 21st Century) and any toll road onthe Interstate System not subject to an agree-

ment under section 119(e) (as in effect on De-cember 17, 1991).

‘‘(2) SELECTION CRITERIA.—The amounts setaside under paragraph (1) shall be made avail-able by the Secretary to any State applying forsuch funds if the Secretary determines that—

‘‘(A) the State has obligated or demonstratesthat it will obligate in the fiscal year all of itsapportionments under section 104(b)(4) otherthan an amount that, by itself, is insufficient topay the Federal share of the cost of a project forresurfacing, restoring, rehabilitating, and recon-structing the Interstate System that has beensubmitted by the State to the Secretary for ap-proval; and

‘‘(B) the applicant is willing and able to—‘‘(i) obligate the funds within 1 year of the

date the funds are made available;‘‘(ii) apply the funds to a ready-to-commence

project; and‘‘(iii) in the case of construction work, begin

work within 90 days after obligation.‘‘(3) PRIORITY CONSIDERATION FOR CERTAIN

PROJECTS.—In selecting projects to fund underparagraph (1), the Secretary shall give priorityconsideration to any project the cost of whichexceeds $10,000,000 on any high volume route inan urban area or a high truck-volume route ina rural area.

‘‘(4) PERIOD OF AVAILABILITY OF DISCRE-TIONARY FUNDS.—Sums made available pursuantto this subsection shall remain available untilexpended.’’.

(c) INTERSTATE NEEDS.—(1) STUDY.—The Secretary shall conduct, in

cooperation with States and affected metropoli-tan planning organizations, a study to deter-mine—

(A) the expected condition of the InterstateSystem over the next 10 years and the needs ofStates and metropolitan planning organizationsto reconstruct and improve the Interstate Sys-tem;

(B) the resources necessary to maintain andimprove the Interstate System; and

(C) the means to ensure that the Nation’s sur-face transportation program can—

(i) address the needs identified in subpara-graph (A); and

(ii) allow for States to address any extraor-dinary needs.

(2) REPORT.—Not later than January 1, 2000,the Secretary shall transmit to Congress a reporton the results of the study.SEC. 1108. SURFACE TRANSPORTATION PRO-

GRAM.(a) ELIGIBILITY OF PROJECTS.—Section 133(b)

of title 23, United States Code, is amended—(1) in paragraph (1) by inserting after ‘‘mag-

nesium acetate’’ the following: ‘‘, sodium ace-tate/formate, or other environmentally accept-able, minimally corrosive anti-icing and de-icingcompositions’’;

(2) in paragraph (2) by striking ‘‘and publiclyowned intracity or intercity bus terminals andfacilities’’ and inserting ‘‘, including vehiclesand facilities, whether publicly or privatelyowned, that are used to provide intercity pas-senger service by bus’’;

(3) in paragraph (3)—(A) by striking ‘‘and bicycle’’ and inserting

‘‘bicycle’’; and(B) by inserting before the period at the end

the following: ‘‘, and the modification of publicsidewalks to comply with the Americans withDisabilities Act of 1990 (42 U.S.C. 12101 et seq.)’’;

(4) in paragraph (4) by inserting ‘‘infrastruc-ture’’ after ‘‘safety’’;

(5) in paragraph (9) by striking ‘‘section108(f)(1)(A) (other than clauses (xii) and (xvi))of the Clean Air Act’’ and inserting ‘‘section108(f)(1)(A) (other than clause (xvi)) of theClean Air Act (42 U.S.C. 7408(f)(1)(A))’’;

(6) in paragraph (11)—(A) in the first sentence—(i) by inserting ‘‘natural habitat and’’ after

‘‘participation in’’ each place it appears;(ii) by striking ‘‘enhance and create’’ and in-

serting ‘‘enhance, and create natural habitatsand’’; and

(iii) by inserting ‘‘natural habitat and’’ before‘‘wetlands conservation’’; and

(B) by adding at the end the following: ‘‘Withrespect to participation in a natural habitat orwetland mitigation effort related to a projectfunded under this title that has an impact thatoccurs within the service area of a mitigationbank, preference shall be given, to the maximumextent practicable, to the use of the mitigationbank if the bank contains sufficient availablecredits to offset the impact and the bank is ap-proved in accordance with the Federal Guid-ance for the Establishment, Use and Operationof Mitigation Banks (60 Fed. Reg. 58605 (Novem-ber 28, 1995)) or other applicable Federal law(including regulations).’’; and

(7) by adding at the end the following:‘‘(13) Infrastructure-based intelligent trans-

portation systems capital improvements.‘‘(14) Environmental restoration and pollution

abatement projects (including the retrofit orconstruction of storm water treatment systems)to address water pollution or environmentaldegradation caused or contributed to by trans-portation facilities, which projects shall be car-ried out when the transportation facilities areundergoing reconstruction, rehabilitation, re-surfacing, or restoration; except that the ex-penditure of funds under this section for anysuch environmental restoration or pollutionabatement project shall not exceed 20 percent ofthe total cost of the reconstruction, rehabilita-tion, resurfacing, or restoration project.’’.

(b) TRANSPORTATION ENHANCEMENT ACTIVI-TIES.—Section 133 of such title is amended—

(1) in subsection (d)(3)(D) by striking ‘‘anyState’’ and all that follows through the periodat the end and inserting ‘‘Hawaii and Alaska’’;and

(2) in subsection (e)—(A) in paragraph (3)(B)(i) by striking ‘‘if the

Secretary’’ and all that follows through ‘‘activi-ties’’; and

(B) in paragraph (5) by adding at the end thefollowing:

‘‘(C) COST SHARING.—‘‘(i) REQUIRED AGGREGATE NON-FEDERAL

SHARE.—The average annual non-Federal shareof the total cost of all projects to carry outtransportation enhancement activities in a Statefor a fiscal year shall be not less than the non-Federal share authorized for the State undersection 120(b).

‘‘(ii) INNOVATIVE FINANCING.—Subject toclause (i), notwithstanding section 120—

‘‘(I) funds from other Federal agencies andthe value of other contributions (as determinedby the Secretary) may be credited toward thenon-Federal share of the costs of a project tocarry out a transportation enhancement activ-ity;

‘‘(II) the non-Federal share for such a projectmay be calculated on a project, multiple-project,or program basis; and

‘‘(III) the Federal share of the cost of an indi-vidual project to which subclause (I) or (II) ap-plies may be up to 100 percent.’’.

(c) PROGRAM APPROVAL.—Section 133(e) ofsuch title is amended by striking paragraph (2)and inserting the following:

‘‘(2) PROGRAM APPROVAL.—‘‘(A) SUBMISSION OF PROJECT AGREEMENT.—

For each fiscal year, each State shall submit aproject agreement that—

‘‘(i) certifies that the State will meet all the re-quirements of this section; and

‘‘(ii) notifies the Secretary of the amount ofobligations needed to carry out the programunder this section.

‘‘(B) REQUEST FOR ADJUSTMENTS OFAMOUNTS.—Each State shall request from theSecretary such adjustments to the amount of ob-ligations referred to in subparagraph (A)(ii) asthe State determines to be necessary.

‘‘(C) EFFECT OF APPROVAL BY THE SEC-RETARY.—Approval by the Secretary of a projectagreement under subparagraph (A) shall bedeemed a contractual obligation of the United

CONGRESSIONAL RECORD — HOUSEH3802 May 22, 1998States to pay surface transportation programfunds made available under this title.’’.

(d) PAYMENTS.—Section 133(e)(3)(A) of suchtitle is amended by striking the second sentence.

(e) SURFACE TRANSPORTATION PROGRAM OBLI-GATIONS IN URBAN AREAS.—Section 133 of suchtitle is amended to read as follows:

‘‘(f) OBLIGATION AUTHORITY.—‘‘(1) IN GENERAL.—A State that is required to

obligate in an urbanized area with an urbanizedarea population of over 200,000 individualsunder subsection (d) funds apportioned to theState under section 104(b)(3) shall make avail-able during the period of fiscal years 1998through 2000 and the period of fiscal years 2001through 2003 an amount of obligation authoritydistributed to the State for Federal-aid high-ways and highway safety construction programsfor use in the area that is equal to the amountobtained by multiplying—

‘‘(A) the aggregate amount of funds that theState is required to obligate in the area undersubsection (d) during the period; and

‘‘(B) the ratio that—‘‘(i) the aggregate amount of obligation au-

thority distributed to the State for Federal-aidhighways and highway safety construction pro-grams during the period; bears to

‘‘(ii) the total of the sums apportioned to theState for Federal-aid highways and highwaysafety construction programs (excluding sumsnot subject to an obligation limitation) duringthe period.

‘‘(2) JOINT RESPONSIBILITY.—Each State, eachaffected metropolitan planning organization,and the Secretary shall jointly ensure compli-ance with paragraph (1).’’.

(f) DIVISION OF STP FUNDS FOR AREAS OFLESS THAN 5,000 POPULATION.—

(1) SPECIAL RULE.—Notwithstanding section133(c) of title 23, United States Code, and exceptas provided in paragraph (2), up to 15 percent ofthe amounts required to be obligated under sec-tion 133(d)(3)(B) of such title for each of fiscalyears 1998 through 2003 may be obligated onroads functionally classified as minor collectors.

(2) SUSPENSION.—The Secretary may suspendthe application of paragraph (1) if the Secretarydetermines that paragraph (1) is being used ex-cessively.

(g) ENCOURAGEMENT OF USE OF YOUTH CON-SERVATION OR SERVICE CORPS.—The Secretaryshall encourage the States to enter into con-tracts and cooperative agreements with qualifiedyouth conservation or service corps to performappropriate transportation enhancement activi-ties under chapter 1 of title 23, United StatesCode.SEC. 1109. HIGHWAY BRIDGE PROGRAM.

(a) APPORTIONMENT FORMULA.—Section 144(e)of title 23, United States Code, is amended in thefourth sentence by inserting before the period atthe end the following: ‘‘, and, if a State trans-fers funds apportioned to the State under thissection in a fiscal year beginning after Septem-ber 30, 1997, to any other apportionment offunds to such State under this title, the totalcost of deficient bridges in such State and in allStates to be determined for the succeeding fiscalyear shall be reduced by the amount of suchtransferred funds’’.

(b) DISCRETIONARY BRIDGE SET-ASIDE.—Sec-tion 144(g)(1) of such title is amended—

(1) by inserting ‘‘(A) FISCAL YEARS 1992THROUGH 1997.—’’ before ‘‘Of the amounts’’;

(2) by adding at the end the following:‘‘(B) FISCAL YEAR 1998.—Of the amounts au-

thorized to be appropriated to carry out thebridge program under this section for fiscal year1998, all but $25,000,000 shall be apportioned asprovided in subsection (e) of this section. Such$25,000,000 shall be available only for projectsfor the seismic retrofit of a bridge described insubsection (l).

‘‘(C) FISCAL YEARS 1999 THROUGH 2003.—Of theamounts authorized to be appropriated to carryout the bridge program under this section for

each of fiscal years 1999 through 2003, all but$100,000,000 shall be apportioned as provided insubsection (e). Such $100,000,000 shall be avail-able at the discretion of the Secretary; exceptthat not to exceed $25,000,000 shall be availableonly for projects for the seismic retrofit ofbridges, including projects in the New Madridfault region.’’; and

(3) by indenting subparagraph (A) (as des-ignated by paragraph (1) of this subsection) andaligning such subparagraph (A) with subpara-graphs (B) and (C) of such section (as added byparagraph (2) of this subsection).

(c) OFF-SYSTEM BRIDGE SET-ASIDE.—Section144(g)(3) of such title is amended—

(1) by striking ‘‘, 1988’’ and all that followsthrough ‘‘1997,’’ and inserting ‘‘through 2003’’;and

(2) by striking ‘‘system’’ each place it appearsand inserting ‘‘highway’’.

(d) ELIGIBILITY.—Section 144 of title 23,United States Code, is amended—

(1) in subsection (d) by inserting after ‘‘mag-nesium acetate’’ the following: ‘‘, sodium ace-tate/formate, or other environmentally accept-able, minimally corrosive anti-icing and de-icingcompositions or installing scour counter-measures’’;

(2) in subsection (d) by inserting after ‘‘suchacetate’’ each place it appears the following:‘‘or sodium acetate/formate or such anti-icing orde-icing composition or installation of suchcountermeasures’’; and

(3) in subsection (g)(3) by inserting after‘‘magnesium acetate’’ the following: ‘‘, sodiumacetate/formate, or other environmentally ac-ceptable, minimally corrosive anti-icing and de-icing compositions or install scour counter-measures’’.

(e) CONFORMING AMENDMENT.—Section 144(n)of such title is amended by striking ‘‘system’’and inserting ‘‘highway’’.SEC. 1110. CONGESTION MITIGATION AND AIR

QUALITY IMPROVEMENT PROGRAM.(a) ESTABLISHMENT OF PROGRAM.—Section

149(a) of title 23, United States Code, is amendedby inserting after ‘‘establish’’ the following:‘‘and implement’’.

(b) CURRENTLY ELIGIBLE PROJECTS.—Section149(b) of such title is amended—

(1) by striking ‘‘that was designated as a non-attainment area under section 107(d) of theClean Air Act (42 U.S.C. 7407(d)) during anypart of fiscal year 1994’’ and inserting the fol-lowing: ‘‘that is or was designated as a non-attainment area for ozone, carbon monoxide, orparticulate matter under section 107(d) of theClean Air Act (42 U.S.C. 7407(d)) and classifiedpursuant to section 181(a), 186(a), 188(a), or188(b) of the Clean Air Act (42 U.S.C. 7511(a),7512(a), 7513(a), or 7513(b)) or is or was des-ignated as a nonattainment area under suchsection 107(d) after December 31, 1997,’’;

(2) in paragraph (1)(A) by striking ‘‘clauses(xii) and’’; and inserting ‘‘clause’’;

(3) in paragraph (1)(A)(ii) by striking ‘‘anarea’’ and all that follows through the semi-colon and inserting ‘‘a maintenance area;’’;

(4) by striking ‘‘or’’ at the end of paragraph(3);

(5) by striking ‘‘standard.’’ at the end of para-graph (4) and inserting ‘‘standard; or’’; and

(6) by inserting after paragraph (4) the follow-ing:

‘‘(5) if the program or project improves trafficflow, including projects to improve signaliza-tion, construct high occupancy vehicle lanes,improve intersections, and implement intelligenttransportation system strategies and such otherprojects that are eligible for assistance underthis section on the day before the date of enact-ment of this paragraph.’’.

(c) STATES RECEIVING MINIMUM APPORTION-MENT.—Section 149 of such title is amended bystriking subsection (c) and inserting the follow-ing:

‘‘(c) STATES RECEIVING MINIMUM APPORTION-MENT.—

‘‘(1) STATES WITHOUT A NONATTAINMENTAREA.—If a State does not have, and never hashad, a nonattainment area designated underthe Clean Air Act (42 U.S.C. 7401 et seq.), theState may use funds apportioned to the Stateunder section 104(b)(2) for any project eligibleunder the surface transportation program undersection 133.

‘‘(2) STATES WITH A NONATTAINMENT AREA.—Ifa State has a nonattainment area or mainte-nance area and receives funds under section104(b)(2)(D) above the amount of funds that theState would have received based on its non-attainment and maintenance area populationunder subparagraphs (B) and (C) of section104(b)(2), the State may use that portion of thefunds not based on its nonattainment and main-tenance area population under subparagraphs(B) and (C) of section 104(b)(2) for any projectin the State eligible under section 133.’’.

(d) PUBLIC-PRIVATE PARTNERSHIPS.—(1) IN GENERAL.—Section 149 of such title is

amended by adding at the end the following:‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL

ENTITIES.—‘‘(1) IN GENERAL.—Notwithstanding any other

provision of this title and in accordance withthis subsection, a metropolitan planning organi-zation, State transportation department, orother project sponsor may enter into an agree-ment with any public, private, or nonprofit en-tity to cooperatively implement any project car-ried out under this section.

‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—Participation by an entity under paragraph (1)may consist of—

‘‘(A) ownership or operation of any land, fa-cility, vehicle, or other physical asset associatedwith the project;

‘‘(B) cost sharing of any project expense;‘‘(C) carrying out of administration, construc-

tion management, project management, projectoperation, or any other management or oper-ational duty associated with the project; and

‘‘(D) any other form of participation approvedby the Secretary.

‘‘(3) ALLOCATION TO ENTITIES.—A State mayallocate funds apportioned under section104(b)(2) to an entity described in paragraph (1).

‘‘(4) ALTERNATIVE FUEL PROJECTS.—In thecase of a project that will provide for the use ofalternative fuels by privately owned vehicles orvehicle fleets, activities eligible for fundingunder this subsection—

‘‘(A) may include the costs of vehicle refuelinginfrastructure, including infrastructure thatwould support the development, production, anduse of emerging technologies that reduce emis-sions of air pollutants from motor vehicles, andother capital investments associated with theproject;

‘‘(B) shall include only the incremental cost ofan alternative fueled vehicle, as compared to aconventionally fueled vehicle, that would other-wise be borne by a private party; and

‘‘(C) shall apply other governmental financialpurchase contributions in the calculation of netincremental cost.

‘‘(5) PROHIBITION ON FEDERAL PARTICIPATIONWITH RESPECT TO REQUIRED ACTIVITIES.—A Fed-eral participation payment under this sub-section may not be made to an entity to fund anobligation imposed under the Clean Air Act (42U.S.C. 7401 et seq.) or any other Federal law.’’.

(2) DETERMINATION BY THE SECRETARY.—Forthe purposes of section 149(c) of title 23, UnitedStates Code, the Secretary shall determine in ac-cordance with the procedures specified in sec-tion 149(b) of such title whether water-phasedhydrocarbon fuel emulsion technologies thatconsist of a hydrocarbon base and water in anamount not less than 20 percent by volume thatreduce emissions of hydrocarbon, particulatematter, carbon monoxide, or nitrogen oxide frommotor vehicles.

(e) STUDY OF CMAQ PROGRAM.—(1) IN GENERAL.—The Secretary and the Ad-

ministrator of the Environmental Protection

CONGRESSIONAL RECORD — HOUSE H3803May 22, 1998Agency shall enter into arrangements with theNational Academy of Sciences to complete, bynot later than January 1, 2001, a study of thecongestion mitigation and air quality improve-ment program under section 149 of title 23,United States Code. The study shall, at a mini-mum—

(A) evaluate the air quality impacts of emis-sions from motor vehicles;

(B) evaluate the negative effects of trafficcongestion, including the economic effects oftime lost due to congestion;

(C) determine the amount of funds obligatedunder the program and make a comprehensiveanalysis of the types of projects funded underthe program;

(D) evaluate the emissions reductions attrib-utable to projects of various types that havebeen funded under the program;

(E) assess the effectiveness, including thequantitative and non-quantitative benefits, ofprojects funded under the program and include,in the assessment, an estimate of the cost perton of pollution reduction;

(F) assess the cost effectiveness of projectsfunded under the program with respect to con-gestion mitigation;

(G) compare—(i) the costs of achieving the air pollutant

emissions reductions achieved under the pro-gram; to

(ii) the costs that would be incurred if similarreductions were achieved by other measures, in-cluding pollution controls on stationary sources;

(H) include recommendations on improve-ments, including other types of projects, thatwill increase the overall effectiveness of the pro-gram;

(I) include recommendations on expanding thescope of the program to address traffic-relatedpollutants that, as of the date of the study, arenot addressed by the program.

(2) REPORT.—Not later than January 1, 2000,the National Academy of Sciences shall transmitto the Secretary, the Committee on Transpor-tation and Infrastructure and the Committee onCommerce of the House of Representatives, andthe Committee on Environment and PublicWorks of the Senate a report on the results ofthe study with recommendations for modifica-tions to the congestion mitigation and air qual-ity improvement program in light of the resultsof the study.

(3) FUNDING.—Before making the apportion-ment of funds under section 104(b)(2) of title 23,United States Code, for each of fiscal years 1999and 2000, the Secretary shall deduct from theamount to be apportioned under such section forsuch fiscal year, and make available, $500,000for such fiscal year to carry out this subsection.SEC. 1111. FEDERAL SHARE.

(a) STATE-DETERMINED LOWER FEDERALSHARE.—Section 120 of title 23, United StatesCode, is amended—

(1) in subsection (a)—(A) by striking ‘‘Except’’ and inserting the fol-

lowing:‘‘(1) IN GENERAL.—Except’’;(B) by adding at the end the following:‘‘(2) STATE-DETERMINED LOWER FEDERAL

SHARE.—In the case of any project subject toparagraph (1), a State may determine a lowerFederal share than the Federal share deter-mined under such paragraph.’’; and

(C) by aligning the remainder of the text ofparagraph (1) (as designated by subparagraph(A) of this paragraph) with paragraph (2) ofsuch subsection (as added by subparagraph (B)of this paragraph); and

(2) in subsection (b) by adding at the end thefollowing: ‘‘In the case of any project subject tothis subsection, a State may determine a lowerFederal share than the Federal share deter-mined under the preceding sentences of this sub-section.’’.

(b) INCREASED FEDERAL SHARE FOR CERTAINSAFETY PROJECTS.—The first sentence of section

120(c) of such title is amended by inserting ‘‘ortransit vehicles’’ after ‘‘emergency vehicles’’.

(c) CREDIT FOR NON-FEDERAL SHARE.—Section120 of such title is amended by adding at theend the following:

‘‘(j) CREDIT FOR NON-FEDERAL SHARE.—‘‘(1) ELIGIBILITY.—A State may use as a credit

toward the non-Federal share requirement forany funds made available to carry out this title(other than the emergency relief program au-thorized by section 125) or chapter 53 of title 49toll revenues that are generated and used bypublic, quasi-public, and private agencies tobuild, improve, or maintain highways, bridges,or tunnels that serve the public purpose of inter-state commerce. Such public, quasi-public, orprivate agencies shall have built, improved, ormaintained such facilities without Federalfunds.

‘‘(2) MAINTENANCE OF EFFORT.—‘‘(A) IN GENERAL.—The credit for any non-

Federal share provided under this subsectionshall not reduce nor replace State funds re-quired to match Federal funds for any programunder this title.

‘‘(B) CONDITION ON RECEIPT OF CREDIT.—Toreceive a credit under paragraph (1) for a fiscalyear, a State shall enter into such agreement asthe Secretary may require to ensure that theState will maintain its non-Federal transpor-tation capital expenditures in such fiscal yearat or above the average level of such expendi-tures for the preceding 3 fiscal years; exceptthat if, for any 1 of the preceding 3 fiscal years,the non-Federal transportation capital expendi-tures of the State were at a level that was great-er than 130 percent of the average level of suchexpenditures for the other 2 of the preceding 3fiscal years, the agreement shall ensure that theState will maintain its non-Federal transpor-tation capital expenditures in the fiscal year ofthe credit at or above the average level of suchexpenditures for the other 2 fiscal years.

‘‘(C) TRANSPORTATION CAPITAL EXPENDITURESDEFINED.—In subparagraph (B), the term ‘non-Federal transportation capital expenditures’ in-cludes any payments made by the State forissuance of transportation-related bonds.

‘‘(3) TREATMENT.—‘‘(A) LIMITATION ON LIABILITY.—Use of a

credit for a non-Federal share under this sub-section that is received from a public, quasi-pub-lic, or private agency—

‘‘(i) shall not expose the agency to additionalliability, additional regulation, or additionaladministrative oversight; and

‘‘(ii) shall not subject the agency to any addi-tional Federal design standards or laws (includ-ing regulations) as a result of providing thenon-Federal share other than those to whichthe agency is already subject.

‘‘(B) CHARTERED MULTISTATE AGENCIES.—When a credit that is received from a charteredmultistate agency is applied to a non-Federalshare under this subsection, such credit shall beapplied equally to all charter States.’’.

(d) CONFORMING AMENDMENTS.—Section130(a) of such title is amended—

(1) in the first sentence by striking ‘‘Except asprovided in subsection (d) of section 120 of thistitle’’ and inserting ‘‘Subject to section 120’’;and

(2) in the second sentence by striking ‘‘exceptas provided in subsection (d) of section 120 ofthis title’’ and inserting ‘‘subject to section 120’’.SEC. 1112. RECREATIONAL TRAILS PROGRAM.

(a) IN GENERAL.—Chapter 2 of title 23, UnitedStates Code, is amended by inserting after sec-tion 205 the following:‘‘§ 206. Recreational trails program

‘‘(a) DEFINITIONS.—In this section, the follow-ing definitions apply:

‘‘(1) MOTORIZED RECREATION.—The term ‘mo-torized recreation’ means off-road recreationusing any motor-powered vehicle, except for amotorized wheelchair.

‘‘(2) RECREATIONAL TRAIL.—The term ‘rec-reational trail’ means a thoroughfare or track

across land or snow, used for recreational pur-poses such as—

‘‘(A) pedestrian activities, including wheel-chair use;

‘‘(B) skating or skateboarding;‘‘(C) equestrian activities, including carriage

driving;‘‘(D) nonmotorized snow trail activities, in-

cluding skiing;‘‘(E) bicycling or use of other human-powered

vehicles;‘‘(F) aquatic or water activities; and‘‘(G) motorized vehicular activities, including

all-terrain vehicle riding, motorcycling,snowmobiling, use of off-road light trucks, oruse of other off-road motorized vehicles.

‘‘(b) PROGRAM.—In accordance with this sec-tion, the Secretary, in consultation with theSecretary of the Interior and the Secretary ofAgriculture, shall carry out a program to pro-vide and maintain recreational trails.

‘‘(c) STATE RESPONSIBILITIES.—To be eligiblefor apportionments under this section—

‘‘(1) the Governor of the State shall designatethe State agency or agencies that will be respon-sible for administering apportionments made tothe State under this section; and

‘‘(2) the State shall establish a State rec-reational trail advisory committee that rep-resents both motorized and nonmotorized rec-reational trail users, which shall meet not lessoften than once per fiscal year.

‘‘(d) USE OF APPORTIONED FUNDS.—‘‘(1) IN GENERAL.—Funds apportioned to a

State to carry out this section shall be obligatedfor recreational trails and related projectsthat—

‘‘(A) have been planned and developed underthe laws, policies, and administrative proce-dures of the State; and

‘‘(B) are identified in, or further a specificgoal of, a recreational trail plan, or a statewidecomprehensive outdoor recreation plan requiredby the Land and Water Conservation Fund Actof 1965 (16 U.S.C. 460l–4 et seq.), that is in effect.

‘‘(2) PERMISSIBLE USES.—Permissible uses offunds apportioned to a State for a fiscal year tocarry out this section include—

‘‘(A) maintenance and restoration of existingrecreational trails;

‘‘(B) development and rehabilitation oftrailside and trailhead facilities and trail link-ages for recreational trails;

‘‘(C) purchase and lease of recreational trailconstruction and maintenance equipment;

‘‘(D) construction of new recreational trails,except that, in the case of new recreationaltrails crossing Federal lands, construction of thetrails shall be—

‘‘(i) permissible under other law;‘‘(ii) necessary and required by a statewide

comprehensive outdoor recreation plan that isrequired by the Land and Water ConservationFund Act of 1965 (16 U.S.C. 460l–4 et seq.) andthat is in effect;

‘‘(iii) approved by the administering agency ofthe State designated under subsection (c)(1);and

‘‘(iv) approved by each Federal agency havingjurisdiction over the affected lands under suchterms and conditions as the head of the Federalagency determines to be appropriate, except thatthe approval shall be contingent on complianceby the Federal agency with all applicable laws,including the National Environmental PolicyAct of 1969 (42 U.S.C. 4321 et seq.), the Forestand Rangeland Renewable Resources PlanningAct of 1974 (16 U.S.C. 1600 et seq.), and the Fed-eral Land Policy and Management Act of 1976(43 U.S.C. 1701 et seq.);

‘‘(E) acquisition of easements and fee simpletitle to property for recreational trails or rec-reational trail corridors;

‘‘(F) payment of costs to the State incurred inadministering the program, but in an amountnot to exceed 7 percent of the apportionmentmade to the State for the fiscal year to carry outthis section; and

CONGRESSIONAL RECORD — HOUSEH3804 May 22, 1998‘‘(G) operation of educational programs to

promote safety and environmental protection asthose objectives relate to the use of recreationaltrails, but in an amount not to exceed 5 percentof the apportionment made to the State for thefiscal year.

‘‘(3) USE OF APPORTIONMENTS.—‘‘(A) IN GENERAL.—Except as provided in sub-

paragraphs (B), (C), and (D), of the apportion-ments made to a State for a fiscal year to carryout this section—

‘‘(i) 40 percent shall be used for recreationaltrail or related projects that facilitate diverserecreational trail use within a recreational trailcorridor, trailside, or trailhead, regardless ofwhether the project is for diverse motorized use,for diverse nonmotorized use, or to accommodateboth motorized and nonmotorized recreationaltrail use;

‘‘(ii) 30 percent shall be used for uses relatingto motorized recreation; and

‘‘(iii) 30 percent shall be used for uses relatingto nonmotorized recreation.

‘‘(B) SMALL STATE EXCLUSION.—Any Statewith a total land area of less than 3,500,000acres shall be exempt from the requirements ofclauses (ii) and (iii) of subparagraph (A).

‘‘(C) WAIVER AUTHORITY.—A State rec-reational trail advisory committee establishedunder subsection (c)(2), may waive, in whole orin part, the requirements of clauses (ii) and (iii)of subparagraph (A) if the State recreationaltrail advisory committee determines and notifiesthe Secretary that the State does not have suffi-cient projects to meet the requirements ofclauses (ii) and (iii) of subparagraph (A).

‘‘(D) STATE ADMINISTRATIVE COSTS.—State ad-ministrative costs eligible for funding underparagraph (2)(F) shall be exempt from the re-quirements of subparagraph (A).

‘‘(4) GRANTS.—‘‘(A) IN GENERAL.—A State may use funds ap-

portioned to the State to carry out this sectionto make grants to private organizations, munici-pal, county, State, and Federal government en-tities, and other government entities as ap-proved by the State after considering guidancefrom the State recreational trail advisory com-mittee established under subsection (c)(2), foruses consistent with this section.

‘‘(B) COMPLIANCE.—A State that makes grantsunder subparagraph (A) shall establish meas-ures to verify that recipients of the grants com-ply with the conditions of the program for theuse of grant funds.

‘‘(e) ENVIRONMENTAL BENEFIT OR MITIGA-TION.—To the extent practicable and consistentwith the other requirements of this section, aState should give consideration to project pro-posals that provide for the redesign, reconstruc-tion, nonroutine maintenance, or relocation ofrecreational trails to benefit the natural envi-ronment or to mitigate and minimize the impactto the natural environment.

‘‘(f) FEDERAL SHARE.—‘‘(1) IN GENERAL.—Subject to the other provi-

sions of this subsection, the Federal share of thecost of a project under this section shall not ex-ceed 80 percent.

‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—Not-withstanding any other provision of law, a Fed-eral agency that sponsors a project under thissection may contribute additional Federal fundstoward the cost of a project, except that—

‘‘(A) the share attributable to the Secretary ofTransportation may not exceed 80 percent of thecost of a project under this section; and

‘‘(B) the share attributable to the Secretaryand the Federal agency may not exceed 95 per-cent of the cost of a project under this section.

‘‘(3) USE OF FUNDS FROM FEDERAL PROGRAMSTO PROVIDE NON-FEDERAL SHARE.—Notwith-standing any other provision of law, the non-Federal share of the cost of the project may in-clude amounts made available by the FederalGovernment under any Federal program thatare—

‘‘(A) expended in accordance with the require-ments of the Federal program relating to activi-ties funded and populations served; and

‘‘(B) expended on a project that is eligible forassistance under this section.

‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—AState may allow adjustments to the non-Federalshare of an individual project for a fiscal yearunder this section if the Federal share of thecost of all projects carried out by the Stateunder the program (excluding projects fundedunder paragraph (2) or (3)) using funds appor-tioned to the State for the fiscal year does notexceed 80 percent.

‘‘(5) STATE ADMINISTRATIVE COSTS.—The Fed-eral share of the administrative costs of a Stateunder this subsection shall be determined in ac-cordance with section 120(b).

‘‘(g) USES NOT PERMITTED.—A State may notobligate funds apportioned to carry out this sec-tion for—

‘‘(1) condemnation of any kind of interest inproperty;

‘‘(2) construction of any recreational trail onNational Forest System land for any motorizeduse unless—

‘‘(A) the land has been designated for usesother than wilderness by an approved forestland and resource management plan or has beenreleased to uses other than wilderness by an Actof Congress; and

‘‘(B) the construction is otherwise consistentwith the management direction in the approvedforest land and resource management plan;

‘‘(3) construction of any recreational trail onBureau of Land Management land for any mo-torized use unless the land—

‘‘(A) has been designated for uses other thanwilderness by an approved Bureau of LandManagement resource management plan or hasbeen released to uses other than wilderness byan Act of Congress; and

‘‘(B) the construction is otherwise consistentwith the management direction in the approvedmanagement plan; or

‘‘(4) upgrading, expanding, or otherwise fa-cilitating motorized use or access to recreationaltrails predominantly used by nonmotorized rec-reational trail users and on which, as of May 1,1991, motorized use was prohibited or had notoccurred.

‘‘(h) PROJECT ADMINISTRATION.—‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MATE-

RIALS, SERVICES, OR NEW RIGHT-OF-WAY.—‘‘(A) IN GENERAL.—Nothing in this title or

other law shall prevent a project sponsor fromoffering to donate funds, materials, services, ora new right-of-way for the purposes of a projecteligible for assistance under this section. Anyfunds, or the fair market value of any materials,services, or new right-of-way, may be donatedby any project sponsor and shall be credited tothe non-Federal share in accordance with sub-section (f).

‘‘(B) FEDERAL PROJECT SPONSORS.—Any fundsor the fair market value of any materials orservices may be provided by a Federal projectsponsor and shall be credited to the Federalagency’s share in accordance with subsection(f).

‘‘(2) RECREATIONAL PURPOSE.—A project fund-ed under this section is intended to enhance rec-reational opportunity and is not subject to sec-tion 138 of this title or section 303 of title 49.

‘‘(3) CONTINUING RECREATIONAL USE.—At theoption of each State, funds apportioned to theState to carry out this section may be treated asLand and Water Conservation Fund apportion-ments for the purposes of section 6(f)(3) of theLand and Water Conservation Fund Act of 1965(16 U.S.C. 460l–8(f)(3)).

‘‘(4) COOPERATION BY PRIVATE PERSONS.—‘‘(A) WRITTEN ASSURANCES.—As a condition of

making available apportionments for work onrecreational trails that would affect privatelyowned land, a State shall obtain written assur-ances that the owner of the land will cooperatewith the State and participate as necessary inthe activities to be conducted.

‘‘(B) PUBLIC ACCESS.—Any use of the appor-tionments to a State to carry out this section on

privately owned land must be accompanied byan easement or other legally binding agreementthat ensures public access to the recreationaltrail improvements funded by the apportion-ments.

‘‘(i) CONTRACT AUTHORITY.—Funds author-ized to carry out this section shall be availablefor obligation in the same manner as if thefunds were apportioned under chapter 1, exceptthat the Federal share of the cost of a projectunder this section shall be determined in accord-ance with this section.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 2 of title 23, United States Code, isamended by striking the item relating to section206 and inserting the following:‘‘206. Recreational trails program.’’.

(c) REPEAL OF OBSOLETE PROVISION.—Section1302 of the Intermodal Surface TransportationEfficiency Act of 1991 (16 U.S.C. 1261) is re-pealed.

(d) TERMINATION OF ADVISORY COMMITTEE.—Section 1303 of such Act (16 U.S.C. 1262) isamended by adding at the end the following:

‘‘(j) TERMINATION.—The advisory committeeestablished by this section shall terminate onSeptember 30, 2000.’’.

(e) ENCOURAGEMENT OF USE OF YOUTH CON-SERVATION OR SERVICE CORPS.—The Secretaryshall encourage the States to enter into con-tracts and cooperative agreements with qualifiedyouth conservation or service corps to performconstruction and maintenance of recreationaltrails under section 206 of title 23, United StatesCode.SEC. 1113. EMERGENCY RELIEF.

(a) FEDERAL SHARE.—Section 120(e) of title 23,United States Code, is amended in the first sen-tence by striking ‘‘highway system’’ and insert-ing ‘‘highway’’.

(b) ELIGIBILITY AND FUNDING.—Section 125 ofsuch title is amended—

(1) by redesignating subsections (b), (c), and(d) as subsections (d), (e), and (f), respectively;

(2) by striking subsection (a) and inserting thefollowing:

‘‘(a) GENERAL ELIGIBILITY.—Subject to thissection and section 120, an emergency fund isauthorized for expenditure by the Secretary forthe repair or reconstruction of highways, roads,and trails, in any part of the United States, in-cluding Indian reservations, that the Secretaryfinds have suffered serious damage as a resultof—

‘‘(1) natural disaster over a wide area, such asby a flood, hurricane, tidal wave, earthquake,severe storm, or landslide; or

‘‘(2) catastrophic failure from any externalcause.

‘‘(b) RESTRICTION ON ELIGIBILITY.—In noevent shall funds be used pursuant to this sec-tion for the repair or reconstruction of bridgesthat have been permanently closed to all vehicu-lar traffic by the State or responsible local offi-cial because of imminent danger of collapse dueto a structural deficiency or physical deteriora-tion.

‘‘(c) FUNDING.—Subject to the following limi-tations, there are authorized to be appropriatedfrom the Highway Trust Fund (other than theMass Transit Account) such sums as may benecessary to establish the fund authorized bythis section and to replenish it on an annualbasis:

‘‘(1) Not more than $100,000,000 is authorizedto be obligated in any 1 fiscal year commencingafter September 30, 1980, to carry out the provi-sions of this section; except that, if in any fiscalyear the total of all obligations under this sec-tion is less than the amount authorized to be ob-ligated in such fiscal year, the unobligated bal-ance of such amount shall remain availableuntil expended and shall be in addition toamounts otherwise available to carry out thissection each year.

‘‘(2) Pending such appropriation or replenish-ment, the Secretary may obligate from any

CONGRESSIONAL RECORD — HOUSE H3805May 22, 1998funds heretofore or hereafter appropriated forobligation in accordance with this title, includ-ing existing Federal-aid appropriations, suchsums as may be necessary for the immediateprosecution of the work herein authorized.Funds obligated under this paragraph shall bereimbursed from such appropriation or replen-ishment.’’;

(3) in subsection (d) (as so redesignated)—(A) in the first sentence by striking ‘‘recon-

struction of highways’’ and all that followsthrough ‘‘in accordance’’ and inserting ‘‘recon-struction of highways on Federal-aid highwaysin accordance’’;

(B) by striking ‘‘subsection (c)’’ both places itappears and inserting ‘‘subsection (e)’’;

(C) in the second sentence by striking ‘‘au-thorized’’ and all that follows through the pe-riod and inserting ‘‘authorized on Federal-aidhighways.’’; and

(D) in the last sentence by striking ‘‘DisasterRelief and Emergency Assistance Act (PublicLaw 93–288)’’ and inserting ‘‘Robert T. StaffordDisaster Relief and Emergency Assistance Act(42 U.S.C. 5121 et seq.)’’; and

(4) in subsection (e) (as so redesignated) bystriking ‘‘on any of the Federal-aid highwaysystems’’ and inserting ‘‘Federal-aid high-ways’’.

(c) SAN MATEO COUNTY, CALIFORNIA.—Not-withstanding any other provision of law, aproject to repair or reconstruct any portion of aFederal-aid primary route in San Mateo Coun-ty, California, that—

(1) was destroyed as a result of a combinationof storms in the winter of 1982–1983 and a moun-tain slide; and

(2) until its destruction, served as the onlyreasonable access route between 2 cities and asthe designated emergency evacuation route of 1of the cities;shall be eligible for assistance under section125(a) of title 23, United States Code, if theproject complies with the local coastal plan.

(d) TECHNICAL AMENDMENTS.—Section 120(e)of such title is amended—

(1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’; and(2) by striking ‘‘90’’ and inserting ‘‘180’’.

SEC. 1114. HIGHWAY USE TAX EVASIONPROJECTS.

(a) IN GENERAL.—Section 143 of title 23,United States Code, is amended to read as fol-lows:

‘‘§ 143. Highway use tax evasion projects‘‘(a) STATE DEFINED.—In this section, the

term ‘State’ means the 50 States and the Districtof Columbia.

‘‘(b) PROJECTS.—‘‘(1) IN GENERAL.—The Secretary shall carry

out highway use tax evasion projects in accord-ance with this subsection.

‘‘(2) ALLOCATION OF FUNDS.—Funds madeavailable to carry out this section may be allo-cated to the Internal Revenue Service and theStates at the discretion of the Secretary.

‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO IN-TERNAL REVENUE SERVICE.—The Secretary shallnot impose any condition on the use of funds al-located to the Internal Revenue Service underthis subsection.

‘‘(4) LIMITATION ON USE OF FUNDS.—Fundsmade available to carry out this section shall beused only—

‘‘(A) to expand efforts to enhance motor fueltax enforcement;

‘‘(B) to fund additional Internal RevenueService staff, but only to carry out functions de-scribed in this paragraph;

‘‘(C) to supplement motor fuel tax examina-tions and criminal investigations;

‘‘(D) to develop automated data processingtools to monitor motor fuel production and sales;

‘‘(E) to evaluate and implement registrationand reporting requirements for motor fuel tax-payers;

‘‘(F) to reimburse State expenses that supple-ment existing fuel tax compliance efforts; and

‘‘(G) to analyze and implement programs toreduce tax evasion associated with other high-way use taxes.

‘‘(5) MAINTENANCE OF EFFORT.—The Secretarymay not make an allocation to a State underthis subsection for a fiscal year unless the Statecertifies that the aggregate expenditure of fundsof the State, exclusive of Federal funds, formotor fuel tax enforcement activities will bemaintained at a level that does not fall belowthe average level of such expenditure for thepreceding 2 fiscal years of the State.

‘‘(6) FEDERAL SHARE.—The Federal share ofthe cost of a project carried out under this sub-section shall be 100 percent.

‘‘(7) PERIOD OF AVAILABILITY.—Funds author-ized to carry out this section shall remain avail-able for obligation for a period of 3 years afterthe last day of the fiscal year for which thefunds are authorized.

‘‘(8) USE OF SURFACE TRANSPORTATION PRO-GRAM FUNDING.—In addition to funds madeavailable to carry out this section, a State may,expend up to 1⁄4 of 1 percent of the funds appor-tioned to the State for a fiscal year under sec-tion 104(b)(3) on initiatives to halt the evasionof payment of motor fuel taxes.

‘‘(c) EXCISE FUEL REPORTING SYSTEM.—‘‘(1) IN GENERAL.—Not later than April 1, 1998,

the Secretary shall enter into a memorandum ofunderstanding with the Commissioner of the In-ternal Revenue Service for the purposes of thedevelopment and maintenance by the InternalRevenue Service of an excise fuel reporting sys-tem (in this subsection referred to as the ‘sys-tem’).

‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-STANDING.—The memorandum of understandingshall provide that—

‘‘(A) the Internal Revenue Service shall de-velop and maintain the system through con-tracts;

‘‘(B) the system shall be under the control ofthe Internal Revenue Service; and

‘‘(C) the system shall be made available foruse by appropriate State and Federal revenue,tax, and law enforcement authorities, subject tosection 6103 of the Internal Revenue Code of1986.

‘‘(3) FUNDING.—Of the amounts made avail-able to carry out this section for each of fiscalyears 1998 through 2003, the Secretary shallmake available sufficient funds to the InternalRevenue Service to establish and operate anautomated fuel reporting system.’’.

(b) CONFORMING AMENDMENTS.—(1) The analysis for chapter 1 of such title is

amended by striking the item relating to section143 and inserting the following:

‘‘143. Highway use tax evasion projects.’’.(2) Section 1040 of the Intermodal Surface

Transportation Efficiency Act of 1991 (23 U.S.C.101 note; 105 Stat. 1992) is repealed.

(3) Section 8002 of the Intermodal SurfaceTransportation Efficiency Act of 1991 (23 U.S.C.101 note; 105 Stat. 2203) is amended—

(A) in the first sentence of subsection (g) bystriking ‘‘section 1040 of this Act’’ and inserting‘‘section 143 of title 23, United States Code,’’;and

(B) by striking subsection (h).SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.

(a) FEDERAL SHARE PAYABLE.—Section 120 oftitle 23, United States Code, is amended by add-ing at the end the following:

‘‘(j) USE OF FEDERAL LAND MANAGEMENTAGENCY FUNDS.—Notwithstanding any otherprovision of law, the funds appropriated to anyFederal land management agency may be usedto pay the non-Federal share of the cost of anyFederal-aid highway project the Federal shareof which is funded under section 104.

‘‘(k) USE OF FEDERAL LANDS HIGHWAYS PRO-GRAM FUNDS.—Notwithstanding any other pro-vision of law, the funds authorized to be appro-priated to carry out the Federal lands highwaysprogram under section 204 may be used to pay

the non-Federal share of the cost of any projectthat is funded under section 104 and that pro-vides access to or within Federal or Indianlands.’’.

(b) ALLOCATIONS.—Section 202(d) of such titleis amended—

(1) by inserting ‘‘INDIAN RESERVATIONROADS.—’’ after ‘‘(d)’’;

(2) by inserting ‘‘(1) FOR FISCAL YEARS ENDINGBEFORE OCTOBER 1, 1999.—’’ before ‘‘On Octo-ber’’;

(3) by inserting after ‘‘each fiscal year’’ thefollowing: ‘‘ending before October 1, 1999’’;

(4) by adding at the end the following:‘‘(2) FISCAL YEAR 2000 AND THEREAFTER.—‘‘(A) IN GENERAL.—All funds authorized to be

appropriated for Indian reservation roads shallbe allocated among Indian tribes for fiscal year2000 and each subsequent fiscal year in accord-ance with a formula established by the Sec-retary of the Interior under a negotiated rule-making procedure under subchapter III of chap-ter 5 of title 5.

‘‘(B) REGULATIONS.—Notwithstanding sections563(a) and 565(a) of title 5, the Secretary of theInterior shall issue regulations governing theIndian reservation roads program, and estab-lishing the funding formula for fiscal year 2000and each subsequent fiscal year under thisparagraph, in accordance with a negotiatedrulemaking procedure under subchapter III ofchapter 5 of title 5. The regulations shall beissued in final form not later than April 1, 1999,and shall take effect not later than October 1,1999.

‘‘(C) NEGOTIATED RULEMAKING COMMITTEE.—In establishing a negotiated rulemaking commit-tee to carry out subparagraph (B), the Secretaryof the Interior shall—

‘‘(i) apply the procedures under subchapterIII of chapter 5 of title 5 in a manner that re-flects the unique government-to-government re-lationship between the Indian tribes and theUnited States; and

‘‘(ii) ensure that the membership of the com-mittee includes only representatives of the Fed-eral Government and of geographically diversesmall, medium, and large Indian tribes.

‘‘(D) BASIS FOR FUNDING FORMULA.—Thefunding formula established for fiscal year 2000and each subsequent fiscal year under thisparagraph shall be based on factors that re-flect—

‘‘(i) the relative needs of the Indian tribes,and reservation or tribal communities, for trans-portation assistance; and

‘‘(ii) the relative administrative capacities of,and challenges faced by, various Indian tribes,including the cost of road construction in eachBureau of Indian Affairs area, geographic isola-tion and difficulty in maintaining all-weatheraccess to employment, commerce, health, safety,and educational resources.

‘‘(3) CONTRACTS AND AGREEMENTS WITH INDIANTRIBES.—

‘‘(A) IN GENERAL.—Notwithstanding any otherprovision of law or any interagency agreement,program guideline, manual, or policy directive,all funds made available under this title for In-dian reservation roads and for highway bridgeslocated on Indian reservation roads to pay forthe costs of programs, services, functions, andactivities, or portions thereof, that are specifi-cally or functionally related to the cost of plan-ning, research, engineering, and construction ofany highway, road, bridge, parkway, or transitfacility that provides access to or is locatedwithin the reservation or community of an In-dian tribe shall be made available, upon requestof the Indian tribal government, to the Indiantribal government for contracts and agreementsfor such planning, research, engineering, andconstruction in accordance with the IndianSelf-Determination and Education AssistanceAct.

‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—Funds for programs, functions, services, or ac-tivities, or portions thereof, including supportive

CONGRESSIONAL RECORD — HOUSEH3806 May 22, 1998administrative functions that are otherwisecontractible to which subparagraph (A) apply,shall be paid in accordance with subparagraph(A) without regard to the organizational level atwhich the Department of Interior that has pre-viously carried out such programs, functions,services, or activities.

‘‘(4) RESERVATION OF FUNDS.—‘‘(A) NATIONWIDE PRIORITY PROGRAM.—The

Secretary shall establish a nationwide priorityprogram for improving deficient Indian reserva-tion road bridges.

‘‘(B) RESERVATION.—Of the amounts author-ized to be appropriated for Indian reservationroads for each fiscal year, the Secretary, in co-operation with the Secretary of the Interior,shall reserve not less than $13,000,000 forprojects to replace, rehabilitate, seismically ret-rofit, paint, apply calcium magnesium acetateto, apply sodium acetate/formate deicer to, or in-stall scour countermeasures for deficient Indianreservation road bridges, including multiple-pipeculverts.

‘‘(C) ELIGIBLE BRIDGES.—To be eligible to re-ceive funding under this subsection, a bridge de-scribed in subparagraph (A) must—

‘‘(i) have an opening of 20 feet or more;‘‘(ii) be on an Indian reservation road;‘‘(iii) be unsafe because of structural defi-

ciencies, physical deterioration, or functionalobsolescence; and

‘‘(iv) be recorded in the national bridge inven-tory administered by the Secretary under sub-section (b).

‘‘(D) APPROVAL REQUIREMENT.—Funds tocarry out Indian reservation road bridgeprojects under this subsection shall be madeavailable only on approval of plans, specifica-tions, and estimates by the Secretary.’’; and

(5) by indenting paragraph (1) (as designatedby paragraph (2) of this paragraph) and align-ing paragraph (1) with paragraphs (2), (3), and(4) (as added by paragraph (4) of this para-graph).

(c) AVAILABILITY OF FUNDS.—Section 203 ofsuch title is amended by adding at the end thefollowing: ‘‘Notwithstanding any other provi-sion of law, the authorization by the Secretaryof engineering and related work for a Federallands highways program project, or the ap-proval by the Secretary of plans, specifications,and estimates for construction of a Federallands highways program project, shall bedeemed to constitute a contractual obligation ofthe Federal Government to pay the Federalshare of the cost of the project.’’.

(d) PLANNING AND AGENCY COORDINATION.—Section 204 of such title is amended—

(1) by striking subsection (a) and inserting thefollowing:

‘‘(a) ESTABLISHMENT.—‘‘(1) IN GENERAL.—Recognizing the need for

all Federal roads that are public roads to betreated under uniform policies similar to thepolicies that apply to Federal-aid highways,there is established a coordinated Federal landshighways program that shall apply to publiclands highways, park roads and parkways, andIndian reservation roads and bridges.

‘‘(2) TRANSPORTATION PLANNING PROCE-DURES.—In consultation with the Secretary ofeach appropriate Federal land managementagency, the Secretary shall develop, by rule,transportation planning procedures that areconsistent with the metropolitan and statewideplanning processes required under sections 134and 135.

‘‘(3) APPROVAL OF TRANSPORTATION IMPROVE-MENT PROGRAM.—The transportation improve-ment program developed as a part of the trans-portation planning process under this sectionshall be approved by the Secretary.

‘‘(4) INCLUSION IN OTHER PLANS.—All region-ally significant Federal lands highways pro-gram projects—

‘‘(A) shall be developed in cooperation withStates and metropolitan planning organizations;and

‘‘(B) shall be included in appropriate Federallands highways program, State, and metropoli-tan plans and transportation improvement pro-grams.

‘‘(5) INCLUSION IN STATE PROGRAMS.—The ap-proved Federal lands highways program trans-portation improvement program shall be in-cluded in appropriate State and metropolitanplanning organization plans and programswithout further action on the transportation im-provement program.

‘‘(6) DEVELOPMENT OF SYSTEMS.—The Sec-retary and the Secretary of each appropriateFederal land management agency shall, to theextent appropriate, develop by rule safety,bridge, pavement, and congestion managementsystems for roads funded under the Federallands highways program.’’;

(2) in subsection (b) by striking the first 3 sen-tences and inserting the following: ‘‘Fundsavailable for public lands highways, park roadsand parkways, and Indian reservation roadsshall be used by the Secretary and the Secretaryof the appropriate Federal land managementagency to pay for the cost of transportationplanning, research, engineering, and construc-tion of the highways, roads, and parkways, orof transit facilities within public lands, nationalparks, and Indian reservations. In connectionwith activities under the preceding sentence, theSecretary and the Secretary of the appropriateFederal land management agency may enterinto construction contracts and other appro-priate contracts with a State or civil subdivisionof a State or Indian tribe.’’;

(3) in the first sentence of subsection (e) bystriking ‘‘Secretary of the Interior’’ and insert-ing ‘‘Secretary of the appropriate Federal landmanagement agency’’;

(4) in subsection (h) by adding at the end thefollowing:

‘‘(8) A project to build a replacement of thefederally owned bridge over the Hoover Dam inthe Lake Mead National Recreation Area be-tween Nevada and Arizona.’’;

(5) by striking subsection (i) and inserting thefollowing:

‘‘(i) TRANSFERS OF COSTS TO SECRETARIES OFFEDERAL LAND MANAGEMENT AGENCIES.—

‘‘(1) ADMINISTRATIVE COSTS.—The Secretaryshall transfer to the appropriate Federal landmanagement agency from amounts made avail-able for public lands highways such amounts asare necessary to pay necessary administrativecosts of the agency in connection with publiclands highways.

‘‘(2) TRANSPORTATION PLANNING COSTS.—TheSecretary shall transfer to the appropriate Fed-eral land management agency from amountsmade available for public lands highways suchamounts as are necessary to pay the cost to theagency to conduct necessary transportationplanning for Federal lands, if funding for theplanning is not otherwise provided under thissection.’’; and

(6) in subsection (j) by striking the second sen-tence and inserting the following: ‘‘The Indiantribal government, in cooperation with the Sec-retary of the Interior, and as appropriate, witha State, local government, or metropolitan plan-ning organization, shall carry out a transpor-tation planning process in accordance with sub-section (a).’’.

(e) REFUGE ROADS.—(1) AUTHORIZATIONS.—Section 201 of such title

is amended in the first sentence by inserting‘‘refuge roads,’’ before ‘‘public lands high-ways,’’.

(2) ALLOCATIONS.—Section 202 of such title isamended by adding at the end the following:

‘‘(e) REFUGE ROADS.—On October 1 of eachfiscal year, the Secretary shall allocate the sumsmade available for that fiscal year for refugeroads according to the relative needs of the var-ious refuges in the National Wildlife RefugeSystem, and taking into consideration—

‘‘(1) the comprehensive conservation plan foreach refuge;

‘‘(2) the need for access as identified throughland use planning; and

‘‘(3) the impact of land use planning on exist-ing transportation facilities.’’.

(3) AVAILABILITY OF FUNDS.—Section 203 ofsuch title is amended in the first and fourth sen-tences—

(A) by striking ‘‘for,’’ and inserting ‘‘for’’;and

(B) by inserting ‘‘refuge roads,’’ after ‘‘park-ways,’’ each place it appears.

(4) USE OF FUNDING.—Section 204 of such titleis amended by adding at the end the following:

‘‘(k) REFUGE ROADS.—‘‘(1) IN GENERAL.—Notwithstanding any other

provision of this title, funds made available forrefuge roads shall be used by the Secretary andthe Secretary of the Interior only to pay the costof—

‘‘(A) maintenance and improvements of refugeroads;

‘‘(B) maintenance and improvements of eligi-ble projects described in paragraphs (2), (5), (6)of subsection (h) that are located in or adjacentto wildlife refuges; and

‘‘(C) administrative costs associated with suchmaintenance and improvements.

‘‘(2) CONTRACTS.—In carrying out paragraph(1), the Secretary and the Secretary of the Inte-rior, as appropriate, may enter into contractswith a State or civil subdivision of a State or In-dian tribe as is determined advisable.

‘‘(3) COMPLIANCE WITH OTHER LAW.—Fundsmade available for refuge roads shall be usedonly for projects that are in compliance with theNational Wildlife Refuge System AdministrationAct of 1966 (16 U.S.C. 668dd et seq.).’’.SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.

(a) DEFINITIONS.—Section 404 of the WoodrowWilson Memorial Bridge Authority Act of 1995(109 Stat. 628) is amended—

(1) in paragraph (3) by striking ‘‘, includingapproaches thereto’’; and

(2) in paragraph (5) by striking ‘‘to be deter-mined under section 407. Such’’ and all that fol-lows through the period at the end and insert-ing the following: ‘‘as described in the record ofdecision executed by the Secretary in compliancewith the National Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.). The term includesongoing short-term rehabilitation and repairs tothe Bridge.’’.

(b) OWNERSHIP OF BRIDGE.—(1) CONVEYANCE BY THE SECRETARY.—Section

407(a)(1) of such Act (109 Stat. 630) is amendedby inserting ‘‘or any Capital Region jurisdic-tion’’ after ‘‘Authority’’ each place it appears.

(2) AGREEMENT.—Section 407 of such Act (109Stat. 630) is amended by striking subsection (c)and inserting the following:

‘‘(c) AGREEMENT.—‘‘(1) IN GENERAL.—The agreement referred to

in subsection (a) is an agreement concerning theProject that is executed by the Secretary andthe Authority or any Capital Region jurisdictionthat accepts ownership of the new bridge.

‘‘(2) TERMS OF THE AGREEMENT.—The agree-ment shall—

‘‘(A) identify whether the Authority or a Cap-ital Region jurisdiction will accept ownership ofthe new bridge;

‘‘(B) contain a financial plan satisfactory tothe Secretary, which shall be prepared beforethe execution of the agreement, that specifies—

‘‘(i) the total cost of the Project, includingany cost-saving measures;

‘‘(ii) a schedule for implementation of theProject, including whether any expedited designand construction techniques will be used; and

‘‘(iii) the sources of funding that will be usedto cover any costs of the Project not fundedfrom funds made available under section 412;

‘‘(C) require that—‘‘(i) the Project include not more than 12 traf-

fic lanes, including 8 general purpose lanes, 2merging/diverging lanes, and 2 high occupancyvehicle, express bus, or rail transit lanes;

CONGRESSIONAL RECORD — HOUSE H3807May 22, 1998‘‘(ii) the design, construction, and operation

of the Project reflect the requirements of clause(i);

‘‘(iii) all provisions described in the environ-mental impact statement for the Project or therecord of decision for the Project (including inthe attachments to the statement and record) formitigation of environmental and other impactsof the Project be implemented; and

‘‘(iv) the Authority and the Capital Region ju-risdictions develop a process to integrate af-fected local governments, on an ongoing basis,in the process of carrying out the engineering,design, and construction phases of the project,including planning for implementing the provi-sions described in clause (iii); and

‘‘(D) contain such other terms and conditionsas the Secretary determines to be appropriate.’’.

(c) FEDERAL CONTRIBUTION.—Such Act (109Stat. 627) is amended by adding at the end thefollowing:‘‘SEC. 412. FEDERAL CONTRIBUTION.

‘‘(a) FUNDING.—‘‘(1) IN GENERAL.—There is authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account)$25,000,000 for fiscal year 1998, $75,000,000 forfiscal year 1999, $150,000,000 for fiscal year 2000,$200,000,000 for fiscal year 2001, $225,000,000 forfiscal year 2002, and $225,000,000 for fiscal year2003 to pay the costs of planning, preliminaryengineering and design, final engineering, ac-quisition of rights-of-way, and construction ofthe Project; except that the costs associated withthe Bridge shall be given priority over other eli-gible costs, other than design costs, of theProject.

‘‘(2) CONTRACT AUTHORITY.—Funds author-ized by this section shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code; except that—

‘‘(A) the funds shall remain available until ex-pended;

‘‘(B) the Federal share of the cost of theBridge component of the Project shall not ex-ceed 100 percent; and

‘‘(C) the Federal share of the cost of any othercomponent of the Project shall not exceed 80percent.

‘‘(b) USE OF APPORTIONED FUNDS.—Nothingin this title limits the authority of any CapitalRegion jurisdiction to use funds apportioned tothe jurisdiction under paragraphs (1) and (3) ofsection 104(b) of title 23, United States Code, inaccordance with the requirements for suchfunds, to pay any costs of the Project.

‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None of the funds made available under thissection shall be available for construction beforethe execution of the agreement described in sec-tion 407(c), except that the Secretary may fundthe maintenance and rehabilitation of theBridge, the design of the Project, and right-of-way acquisition, including early acquisition ofconstruction staging areas.’’.

(d) CONFORMING AMENDMENT.—Section405(b)(1) of such Act (109 Stat. 629) is amendedby striking ‘‘the Signatories as to the Federalshare of the cost of the Project and the termsand conditions related to the timing of thetransfer of the Bridge to’’.SEC. 1117. APPALACHIAN DEVELOPMENT HIGH-

WAY SYSTEM.(a) APPORTIONMENT.—The Secretary shall ap-

portion funds made available by section 102 ofthis Act for fiscal years 1998 through 2003among the States based on the latest availablecost to complete estimate for the Appalachiandevelopment highway system under section 201of the Appalachian Regional Development Actof 1965 prepared by the Appalachian RegionalCommission. Such funds shall be available toconstruct highways and access roads under sec-tion 201 of the Appalachian Regional Develop-ment Act of 1965.

(b) APPLICABILITY OF TITLE 23.—Funds au-thorized by section 102 of this Act for the Appa-

lachian development highway system shall beavailable for obligation in the same manner asif such funds were apportioned under chapter 1of title 23, United States Code, except that theFederal share of the cost of any project underthis section shall be determined in accordancewith such section 201 and such funds shall re-main available until expended.

(c) FEDERAL SHARE FOR PRE-FINANCEDPROJECTS.—Section 201(h)(1) of the AppalachianRegional Development Act of 1965 (40 U.S.C.App.) is amended by striking ‘‘70’’ and inserting‘‘80’’.

(d) CORRIDOR O.—There is hereby designatedas an addition to Corridor O in Pennsylvaniaon the Appalachian development highway sys-tem a segment from Port Matilda to InterstateRoute 80 along United States Route 322, and thesegment of Corridor O from the PennsylvaniaState line to the improved segment in Bedford,Pennsylvania, shall be subtracted from CorridorO. Such designated addition shall not affect es-timates of the cost to complete such system andsuch subtracted segment may be included on amap of such system for purposes of continuityonly.SEC. 1118. NATIONAL CORRIDOR PLANNING AND

DEVELOPMENT PROGRAM.(a) IN GENERAL.—The Secretary shall estab-

lish and implement a program to make alloca-tions to States and metropolitan planning orga-nizations for coordinated planning, design, andconstruction of corridors of national signifi-cance, economic growth, and international orinterregional trade. A State or metropolitanplanning organization may apply to the Sec-retary for allocations under this section.

(b) ELIGIBILITY OF CORRIDORS.—The Sec-retary may make allocations under this sectionwith respect to—

(1) high priority corridors identified in section1105(c) of the Intermodal Surface Transpor-tation Efficiency Act of 1991; and

(2) any other significant regional or multistatehighway corridor not described in whole or inpart in paragraph (1) selected by the Secretaryafter consideration of—

(A) the extent to which the annual volume ofcommercial vehicle traffic at the border stationsor ports of entry of each State—

(i) has increased since the date of enactmentof the North American Free Trade AgreementImplementation Act (Public Law 103–182); and

(ii) is projected to increase in the future;(B) the extent to which commercial vehicle

traffic in each State—(i) has increased since the date of enactment

of the North American Free Trade AgreementImplementation Act (Public Law 103–182); and

(ii) is projected to increase in the future;(C) the extent to which international truck-

borne commodities move through each State;(D) the reduction in commercial and other

travel time through a major international gate-way or affected port of entry expected as a re-sult of the proposed project including the levelof traffic delays at at-grade highway crossingsof major rail lines in trade corridors;

(E) the extent of leveraging of Federal fundsprovided under this subsection, including—

(i) use of innovative financing;(ii) combination with funding provided under

other sections of this Act and title 23, UnitedStates Code; and

(iii) combination with other sources of Fed-eral, State, local, or private funding includingState, local, and private matching funds;

(F) the value of the cargo carried by commer-cial vehicle traffic, to the extent that the valueof the cargo and congestion impose economiccosts on the Nation’s economy; and

(G) encourage or facilitate major multistate orregional mobility and economic growth and de-velopment in areas underserved by existinghighway infrastructure.

(c) PURPOSES.—Allocations may be madeunder this section for 1 or more of the followingpurposes:

(1) Feasibility studies.(2) Comprehensive corridor planning and de-

sign activities.(3) Location and routing studies.(4) Multistate and intrastate coordination for

corridors described in subsection (b).(5) After review by the Secretary of a develop-

ment and management plan for the corridor ora usable component thereof under subsection(b)—

(A) environmental review; and(B) construction.(d) CORRIDOR DEVELOPMENT AND MANAGE-

MENT PLAN.—A State or metropolitan planningorganization receiving an allocation under thissection shall develop, and submit to the Sec-retary for review, a development and manage-ment plan for the corridor or a usable compo-nent thereof with respect to which the alloca-tion is being made. Such plan shall include, ata minimum, the following elements:

(1) A complete and comprehensive analysis ofcorridor costs and benefits.

(2) A coordinated corridor development planand schedule, including a timetable for comple-tion of all planning and development activities,environmental reviews and permits, and con-struction of all segments.

(3) A finance plan, including any innovativefinancing methods and, if the corridor is amultistate corridor, a State-by-State breakdownof corridor finances.

(4) The results of any environmental reviewsand mitigation plans.

(5) The identification of any impediments tothe development and construction of the cor-ridor, including any environmental, social, po-litical and economic objections.In the case of a multistate corridor, the Sec-retary shall encourage all States having juris-diction over any portion of such corridor to par-ticipate in the development of such plan.

(e) APPLICABILITY OF TITLE 23.—Funds madeavailable by section 1101 of this Act to carry outthis section and section 1119 shall be availablefor obligation in the same manner as if suchfunds were apportioned under chapter 1 of title23, United States Code.

(f) COORDINATION OF PLANNING.—Planningwith respect to a corridor under this sectionshall be coordinated with transportation plan-ning being carried out by the States and metro-politan planning organizations along the cor-ridor and, to the extent appropriate, with trans-portation planning being carried out by Federalland management agencies, by tribal govern-ments, or by government agencies in Mexico orCanada.

(g) STATE DEFINED.—In this section, the term‘‘State’’ has the meaning such term has undersection 101 of title 23, United States Code.SEC. 1119. COORDINATED BORDER INFRASTRUC-

TURE PROGRAM.(a) GENERAL AUTHORITY.—The Secretary shall

establish and implement a coordinated borderinfrastructure program under which the Sec-retary may make allocations to border Statesand metropolitan planning organizations forareas within the boundaries of 1 or more borderStates for projects to improve the safe movementof people and goods at or across the border be-tween the United States and Canada and theborder between the United States and Mexico.

(b) ELIGIBLE USES.—Allocations to States andmetropolitan planning organizations under thissection may only be used in a border regionfor—

(1) improvements to existing transportationand supporting infrastructure that facilitatecross-border vehicle and cargo movements;

(2) construction of highways and related safe-ty and safety enforcement facilities that will fa-cilitate vehicle and cargo movements related tointernational trade;

(3) operational improvements, including im-provements relating to electronic data inter-change and use of telecommunications, to expe-dite cross border vehicle and cargo movement;

CONGRESSIONAL RECORD — HOUSEH3808 May 22, 1998(4) modifications to regulatory procedures to

expedite cross border vehicle and cargo move-ments;

(5) international coordination of planning,programming, and border operation with Can-ada and Mexico relating to expediting cross bor-der vehicle and cargo movements; and

(6) activities of Federal inspection agencies.(c) SELECTION CRITERIA.—The Secretary shall

make allocations under this section on the basisof—

(1) expected reduction in commercial andother motor vehicle travel time through an inter-national border crossing as a result of theproject;

(2) improvements in vehicle and highway safe-ty and cargo security related to motor vehiclescrossing a border with Canada or Mexico;

(3) strategies to increase the use of existing,underutilized border crossing facilities and ap-proaches;

(4) leveraging of Federal funds provided underthis section, including use of innovative financ-ing, combination of such funds with fundingprovided under other sections of this Act, andcombination with other sources of Federal,State, local, or private funding;

(5) degree of multinational involvement in theproject and demonstrated coordination withother Federal agencies responsible for the in-spection of vehicles, cargo, and persons crossinginternational borders and their counterpartagencies in Canada and Mexico;

(6) improvements in vehicle and highway safe-ty and cargo security in and through the gate-way or affected port of entry concerned;

(7) the degree of demonstrated coordinationwith Federal inspection agencies;

(8) the extent to which the innovative andproblem solving techniques of the proposedproject would be applicable to other border sta-tions or ports of entry;

(9) demonstrated local commitment to imple-ment and sustain continuing comprehensive bor-der or affected port of entry planning processesand improvement programs; and

(10) such other factors as the Secretary deter-mines are appropriate to promote border trans-portation efficiency and safety.

(d) CONSTRUCTION OF TRANSPORTATION INFRA-STRUCTURE FOR LAW ENFORCEMENT PURPOSES.—At the request of the Administrator of GeneralServices, in consultation with the Attorney Gen-eral, the Secretary may transfer, during the pe-riod of fiscal years 1998 through 2001, not morethan $10,000,000 of the amounts made availableby section 1101 to carry out this section and sec-tion 1118 to the Administrator of General Serv-ices for the construction of transportation infra-structure necessary for law enforcement in bor-der States.

(e) DEFINITIONS.—In this section, the follow-ing definitions apply:

(1) BORDER REGION.—The term ‘‘border re-gion’’ means the portion of a border State in thevicinity of an international border with Canadaor Mexico.

(2) BORDER STATE.—The term ‘‘border State’’means any State that has a boundary in com-mon with Canada or Mexico.

Subtitle B—General ProvisionsSEC. 1201. DEFINITIONS.

Section 101(a) of title 23, United States Code,is amended to read as follows:

‘‘(a) DEFINITIONS.—In this title, the followingdefinitions apply:

‘‘(1) APPORTIONMENT.—The term ‘apportion-ment’ includes unexpended apportionmentsmade under prior authorization laws.

‘‘(2) CARPOOL PROJECT.—The term ‘carpoolproject’ means any project to encourage the useof carpools and vanpools, including provision ofcarpooling opportunities to the elderly and indi-viduals with disabilities, systems for locating po-tential riders and informing them of carpool op-portunities, acquiring vehicles for carpool use,designating existing highway lanes as pref-

erential carpool highway lanes, providing relat-ed traffic control devices, and designating exist-ing facilities for use for preferential parking forcarpools.

‘‘(3) CONSTRUCTION.—The term ‘construction’means the supervising, inspecting, actual build-ing, and incurrence of all costs incidental to theconstruction or reconstruction of a highway, in-cluding bond costs and other costs relating tothe issuance in accordance with section 122 ofbonds or other debt financing instruments andcosts incurred by the State in performing Fed-eral-aid project related audits that directly ben-efit the Federal-aid highway program. Suchterm includes—

‘‘(A) locating, surveying, and mapping (in-cluding the establishment of temporary and per-manent geodetic markers in accordance withspecifications of the National Oceanic and At-mospheric Administration of the Department ofCommerce);

‘‘(B) resurfacing, restoration, and rehabilita-tion;

‘‘(C) acquisition of rights-of-way;‘‘(D) relocation assistance, acquisition of re-

placement housing sites, and acquisition and re-habilitation, relocation, and construction of re-placement housing;

‘‘(E) elimination of hazards of railway gradecrossings;

‘‘(F) elimination of roadside obstacles;‘‘(G) improvements that directly facilitate and

control traffic flow, such as grade separation ofintersections, widening of lanes, channelizationof traffic, traffic control systems, and passengerloading and unloading areas; and

‘‘(H) capital improvements that directly facili-tate an effective vehicle weight enforcement pro-gram, such as scales (fixed and portable), scalepits, scale installation, and scale houses.

‘‘(4) COUNTY.—The term ‘county’ includes cor-responding units of government under any othername in States that do not have county organi-zations and, in those States in which the countygovernment does not have jurisdiction overhighways, any local government unit vestedwith jurisdiction over local highways.

‘‘(5) FEDERAL-AID HIGHWAY.—The term ‘Fed-eral-aid highway’ means a highway eligible forassistance under this chapter other than a high-way classified as a local road or rural minor col-lector.

‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Fed-eral-aid system’ means any of the Federal-aidhighway systems described in section 103.

‘‘(7) FEDERAL LANDS HIGHWAY.—The term‘Federal lands highway’ means a forest high-way, public lands highway, park road, park-way, refuge road, and Indian reservation roadthat is a public road.

‘‘(8) FOREST DEVELOPMENT ROADS ANDTRAILS.—The term ‘forest development roadsand trails’ means forest roads and trails underthe jurisdiction of the Forest Service.

‘‘(9) FOREST HIGHWAY.—The term ‘forest high-way’ means a forest road under the jurisdictionof, and maintained by, a public authority andopen to public travel.

‘‘(10) FOREST ROAD OR TRAIL.—The term ‘for-est road or trail’ means a road or trail wholly orpartly within, or adjacent to, and serving theNational Forest System that is necessary for theprotection, administration, and utilization ofthe National Forest System and the use and de-velopment of its resources.

‘‘(11) HIGHWAY.—The term ‘highway’ in-cludes—

‘‘(A) a road, street, and parkway;‘‘(B) a right-of-way, bridge, railroad-highway

crossing, tunnel, drainage structure, sign,guardrail, and protective structure, in connec-tion with a highway; and

‘‘(C) a portion of any interstate or inter-national bridge or tunnel and the approachesthereto, the cost of which is assumed by a Statetransportation department, including such fa-cilities as may be required by the United StatesCustoms and Immigration Services in connection

with the operation of an international bridge ortunnel.

‘‘(12) INDIAN RESERVATION ROAD.—The term‘Indian reservation road’ means a public roadthat is located within or provides access to anIndian reservation or Indian trust land or re-stricted Indian land that is not subject to feetitle alienation without the approval of the Fed-eral Government, or Indian and Alaska Nativevillages, groups, or communities in which Indi-ans and Alaskan Natives reside, whom the Sec-retary of the Interior has determined are eligiblefor services generally available to Indians underFederal laws specifically applicable to Indians.

‘‘(13) INTERSTATE SYSTEM.—The term ‘Inter-state System’ means the Dwight D. EisenhowerNational System of Interstate and Defense High-ways described in section 103(c).

‘‘(14) MAINTENANCE.—The term ‘maintenance’means the preservation of the entire highway,including surface, shoulders, roadsides, struc-tures, and such traffic-control devices as arenecessary for safe and efficient utilization of thehighway.

‘‘(15) MAINTENANCE AREA.—The term ‘mainte-nance area’ means an area that was designatedas a nonattainment area, but was later redesig-nated by the Administrator of the Environ-mental Protection Agency as an attainmentarea, under section 107(d) of the Clean Air Act(42 U.S.C. 7407(d)).

‘‘(16) NATIONAL HIGHWAY SYSTEM.—The term‘National Highway System’ means the Federal-aid highway system described in section 103(b).

‘‘(17) OPERATING COSTS FOR TRAFFIC MONITOR-ING, MANAGEMENT, AND CONTROL.—The term ‘op-erating costs for traffic monitoring, manage-ment, and control’ includes labor costs, adminis-trative costs, costs of utilities and rent, andother costs associated with the continuous oper-ation of traffic control, such as integrated traf-fic control systems, incident management pro-grams, and traffic control centers.

‘‘(18) OPERATIONAL IMPROVEMENT.—The term‘operational improvement’—

‘‘(A) means (i) a capital improvement for in-stallation of traffic surveillance and controlequipment, computerized signal systems, motor-ist information systems, integrated traffic con-trol systems, incident management programs,and transportation demand management facili-ties, strategies, and programs, and (ii) suchother capital improvements to public roads asthe Secretary may designate, by regulation; and

‘‘(B) does not include resurfacing, restoring,or rehabilitating improvements, construction ofadditional lanes, interchanges, and grade sepa-rations, and construction of a new facility on anew location.

‘‘(19) PARK ROAD.—The term ‘park road’means a public road, including a bridge builtprimarily for pedestrian use, but with capacityfor use by emergency vehicles, that is locatedwithin, or provides access to, an area in the Na-tional Park System with title and maintenanceresponsibilities vested in the United States.

‘‘(20) PARKWAY.—The term ‘parkway’, as usedin chapter 2 of this title, means a parkway au-thorized by Act of Congress on lands to whichtitle is vested in the United States.

‘‘(21) PROJECT.—The term ‘project’ means anundertaking to construct a particular portion ofa highway, or if the context so implies, the par-ticular portion of a highway so constructed orany other undertaking eligible for assistanceunder this title.

‘‘(22) PROJECT AGREEMENT.—The term ‘projectagreement’ means the formal instrument to beexecuted by the State transportation departmentand the Secretary as required by section 106.

‘‘(23) PUBLIC AUTHORITY.—The term ‘publicauthority’ means a Federal, State, county,town, or township, Indian tribe, municipal orother local government or instrumentality withauthority to finance, build, operate, or maintaintoll or toll-free facilities.

‘‘(24) PUBLIC LANDS DEVELOPMENT ROADS ANDTRAILS.—The term ‘public lands development

CONGRESSIONAL RECORD — HOUSE H3809May 22, 1998roads and trails’ means those roads and trailsthat the Secretary of the Interior determines areof primary importance for the development, pro-tection, administration, and utilization of publiclands and resources under the control of theSecretary of the Interior.

‘‘(25) PUBLIC LANDS HIGHWAY.—The term ‘pub-lic lands highway’ means a forest road underthe jurisdiction of and maintained by a publicauthority and open to public travel or any high-way through unappropriated or unreserved pub-lic lands, nontaxable Indian lands, or otherFederal reservations under the jurisdiction ofand maintained by a public authority and opento public travel.

‘‘(26) PUBLIC LANDS HIGHWAYS.—The term‘public lands highways’ means those main high-ways through unappropriated or unreservedpublic lands, nontaxable Indian lands, or otherFederal reservations, which are on the Federal-aid systems.

‘‘(27) PUBLIC ROAD.—The term ‘public road’means any road or street under the jurisdictionof and maintained by a public authority andopen to public travel.

‘‘(28) REFUGE ROAD.—The term ‘refuge road’means a public road that provides access to orwithin a unit of the National Wildlife RefugeSystem and for which title and maintenance re-sponsibility is vested in the United States Gov-ernment.

‘‘(29) RURAL AREAS.—The term ‘rural areas’means all areas of a State not included in urbanareas.

‘‘(30) SAFETY IMPROVEMENT PROJECT.—Theterm ‘safety improvement project’ means aproject that corrects or improves high hazard lo-cations, eliminates roadside obstacles, improveshighway signing and pavement marking, in-stalls priority control systems for emergency ve-hicles at signalized intersections, installs or re-places emergency motorist aid call boxes, or in-stalls traffic control or warning devices at loca-tions with high accident potential.

‘‘(31) SECRETARY.—The term ‘Secretary’ meansSecretary of Transportation.

‘‘(32) STATE.—The term ‘State’ means any ofthe 50 States, the District of Columbia, or PuertoRico.

‘‘(33) STATE FUNDS.—The term ‘State funds’includes funds raised under the authority of theState or any political or other subdivision there-of, and made available for expenditure underthe direct control of the State transportation de-partment.

‘‘(34) STATE TRANSPORTATION DEPARTMENT.—The term ‘State transportation department’means that department, commission, board, orofficial of any State charged by its laws withthe responsibility for highway construction.

‘‘(35) TRANSPORTATION ENHANCEMENT ACTIVI-TIES.—The term ‘transportation enhancementactivities’ means, with respect to any project orthe area to be served by the project, any of thefollowing activities if such activity relates tosurface transportation: provision of facilities forpedestrians and bicycles, provision of safety andeducational activities for pedestrians andbicyclists, acquisition of scenic easements andscenic or historic sites, scenic or historic high-way programs (including the provision of touristand welcome center facilities), landscaping andother scenic beautification, historic preserva-tion, rehabilitation and operation of historictransportation buildings, structures, or facilities(including historic railroad facilities and ca-nals), preservation of abandoned railway cor-ridors (including the conversion and use thereoffor pedestrian or bicycle trails), control and re-moval of outdoor advertising, archaeologicalplanning and research, environmental mitiga-tion to address water pollution due to highwayrunoff or reduce vehicle-caused wildlife mortal-ity while maintaining habitat connectivity, andestablishment of transportation museums.

‘‘(36) URBAN AREA.—The term ‘urban area’means an urbanized area or, in the case of anurbanized area encompassing more than one

State, that part of the urbanized area in eachsuch State, or urban place as designated by theBureau of the Census having a population of5,000 or more and not within any urbanizedarea, within boundaries to be fixed by respon-sible State and local officials in cooperationwith each other, subject to approval by the Sec-retary. Such boundaries shall encompass, at aminimum, the entire urban place designated bythe Bureau of the Census, except in the case ofcities in the State of Maine and in the State ofNew Hampshire.

‘‘(37) URBANIZED AREA.—The term ‘urbanizedarea’ means an area with a population of 50,000or more designated by the Bureau of the Census,within boundaries to be fixed by responsibleState and local officials in cooperation witheach other, subject to approval by the Secretary.Such boundaries shall encompass, at a mini-mum, the entire urbanized area within a Stateas designated by the Bureau of the Census.’’.SEC. 1202. BICYCLE TRANSPORTATION AND PE-

DESTRIAN WALKWAYS.(a) IN GENERAL.—Section 217 of title 23,

United States Code, is amended—(1) in subsection (b)—(A) by inserting ‘‘pedestrian walkways and’’

after ‘‘construction of’’; and(B) by striking ‘‘(other than the Interstate

System)’’;(2) in subsection (e) by striking ‘‘, other than

a highway access to which is fully controlled,’’;(3) by striking subsection (g) and inserting the

following:‘‘(g) PLANNING AND DESIGN.—‘‘(1) IN GENERAL.—Bicyclists and pedestrians

shall be given due consideration in the com-prehensive transportation plans developed byeach metropolitan planning organization andState in accordance with sections 134 and 135,respectively. Bicycle transportation facilitiesand pedestrian walkways shall be considered,where appropriate, in conjunction with all newconstruction and reconstruction of transpor-tation facilities, except where bicycle and pedes-trian use are not permitted.

‘‘(2) SAFETY CONSIDERATIONS.—Transpor-tation plans and projects shall provide due con-sideration for safety and contiguous routes forbicyclists and pedestrians. Safety considerationsshall include the installation, where appro-priate, and maintenance of audible traffic sig-nals and audible signs at street crossings.’’;

(4) in subsection (h) by striking ‘‘No motorizedvehicles shall’’ and inserting ‘‘Motorized vehi-cles may not’’;

(5) in subsection (h)(3)—(A) by striking ‘‘when State and local regula-

tions permit,’’; and(B) by striking ‘‘and’’ at the end;(6) in subsection (h)—(A) by redesignating paragraph (4) as para-

graph (5); and(B) by inserting after paragraph (3) the fol-

lowing:‘‘(4) when State or local regulations permit,

electric bicycles; and’’; and(7) by striking subsection (j) and inserting the

following:‘‘(j) DEFINITIONS.—In this section, the follow-

ing definitions apply:‘‘(1) BICYCLE TRANSPORTATION FACILITY.—The

term ‘bicycle transportation facility’ means anew or improved lane, path, or shoulder for useby bicyclists and a traffic control device, shelter,or parking facility for bicycles.

‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bi-cycle’ means any bicycle or tricycle with a low-powered electric motor weighing under 100pounds, with a top motor-powered speed not inexcess of 20 miles per hour.

‘‘(3) PEDESTRIAN.—The term ‘pedestrian’means any person traveling by foot and any mo-bility impaired person using a wheelchair.

‘‘(4) WHEELCHAIR.—The term ‘wheelchair’means a mobility aid, usable indoors, and de-signed for and used by individuals with mobilityimpairments, whether operated manually or mo-torized.’’.

(b) DESIGN GUIDANCE.—(1) IN GENERAL.—In implementing section

217(g) of title 23, United States Code, the Sec-retary, in cooperation with the American Asso-ciation of State Highway and TransportationOfficials, the Institute of Transportation Engi-neers, and other interested organizations, shalldevelop guidance on the various approaches toaccommodating bicycles and pedestrian travel.

(2) ISSUES TO BE ADDRESSED.—The guidanceshall address issues such as the level and natureof the demand, volume, and speed of motor vehi-cle traffic, safety, terrain, cost, and sight dis-tance.

(3) RECOMMENDATIONS.—The guidance shallinclude recommendations on amending and up-dating the policies of the American Associationof State Highway and Transportation Officialsrelating to highway and street design standardsto accommodate bicyclists and pedestrians.

(4) TIME PERIOD FOR DEVELOPMENT.—Theguidance shall be developed within 18 monthsafter the date of enactment of this Act.

(c) PROTECTION OF NONMOTORIZED TRANSPOR-TATION TRAFFIC.—Section 109(n) of such title isamended to read as follows:

‘‘(n) PROTECTION OF NONMOTORIZED TRANS-PORTATION TRAFFIC.—The Secretary shall notapprove any project or take any regulatory ac-tion under this title that will result in the sever-ance of an existing major route or have signifi-cant adverse impact on the safety for non-motorized transportation traffic and light mo-torcycles, unless such project or regulatory ac-tion provides for a reasonable alternate route orsuch a route exists.’’.

(d) RAILWAY-HIGHWAY CROSSINGS.—Section130 of such title is amended by adding at theend the following:

‘‘(j) BICYCLE SAFETY.—In carrying outprojects under this section, a State shall takeinto account bicycle safety.’’.

(e) NATIONAL BICYCLE SAFETY EDUCATIONCURRICULUM.—

(1) DEVELOPMENT.—The Secretary is author-ized to develop a national bicycle safety edu-cation curriculum that may include courses re-lating to on-road training.

(2) REPORT.—Not later than 12 months afterthe date of enactment of this Act, the Secretaryshall transmit to Congress a copy of the curricu-lum.

(3) FUNDING.—From amounts made availableunder section 210, the Secretary may use not toexceed $500,000 for fiscal year 1999 to carry outthis subsection.SEC. 1203. METROPOLITAN PLANNING.

(a) GENERAL REQUIREMENTS.—Section 134(a)of title 23, United States Code, is amended toread as follows:

‘‘(a) GENERAL REQUIREMENTS.—‘‘(1) FINDINGS.—It is in the national interest

to encourage and promote the safe and efficientmanagement, operation, and development ofsurface transportation systems that will servethe mobility needs of people and freight and fos-ter economic growth and development withinand through urbanized areas, while minimizingtransportation-related fuel consumption and airpollution.

‘‘(2) DEVELOPMENT OF PLANS AND PRO-GRAMS.—To accomplish the objective stated inparagraph (1), metropolitan planning organiza-tions designated under subsection (b), in co-operation with the State and public transit op-erators, shall develop transportation plans andprograms for urbanized areas of the State.

‘‘(3) CONTENTS.—The plans and programs foreach metropolitan area shall provide for the de-velopment and integrated management and op-eration of transportation systems and facilities(including pedestrian walkways and bicycletransportation facilities) that will function asan intermodal transportation system for themetropolitan area and as an integral part of anintermodal transportation system for the Stateand the United States.

CONGRESSIONAL RECORD — HOUSEH3810 May 22, 1998‘‘(4) PROCESS OF DEVELOPMENT.—The process

for developing the plans and programs shallprovide for consideration of all modes of trans-portation and shall be continuing, cooperative,and comprehensive to the degree appropriate,based on the complexity of the transportationproblems to be addressed.’’.

(b) DESIGNATION OF METROPOLITAN PLANNINGORGANIZATIONS.—

(1) IN GENERAL.—Section 134(b) of such title isamended by striking paragraphs (1) and (2) andinserting the following:

‘‘(1) IN GENERAL.—To carry out the transpor-tation planning process required by this section,a metropolitan planning organization shall bedesignated for each urbanized area with a pop-ulation of more than 50,000 individuals—

‘‘(A) by agreement between the Governor andunits of general purpose local government thattogether represent at least 75 percent of the af-fected population (including the central city orcities as defined by the Bureau of the Census);or

‘‘(B) in accordance with procedures estab-lished by applicable State or local law.

‘‘(2) STRUCTURE.—Each policy board of a met-ropolitan planning organization that serves anarea designated as a transportation manage-ment area, when designated or redesignatedunder this subsection, shall consist of—

‘‘(A) local elected officials;‘‘(B) officials of public agencies that admin-

ister or operate major modes of transportation inthe metropolitan area (including all transpor-tation agencies included in the metropolitanplanning organization as of June 1, 1991); and

‘‘(C) appropriate State officials.’’.(2) CONTINUING DESIGNATION.—Section

134(b)(4) of such title is amended to read as fol-lows:

‘‘(4) CONTINUING DESIGNATION.—A designationof a metropolitan planning organization underthis subsection or any other provision of lawshall remain in effect until the metropolitanplanning organization is redesignated underparagraph (5).’’.

(3) REDESIGNATION.—Section 134(b)(5)(A) ofsuch title is amended—

(A) by striking ‘‘among’’ and inserting ‘‘be-tween’’; and

(B) by striking ‘‘which together’’ and insert-ing ‘‘that together’’.

(4) DESIGNATION OF MORE THAN 1 METROPOLI-TAN PLANNING ORGANIZATION.—Section 134(b)(6)of such title is amended to read as follows:

‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI-TAN PLANNING ORGANIZATION.—More than 1 met-ropolitan planning organization may be des-ignated within an existing metropolitan plan-ning area only if the Governor and the existingmetropolitan planning organization determinethat the size and complexity of the existing met-ropolitan planning area make designation ofmore than 1 metropolitan planning organizationfor the area appropriate.’’.

(c) METROPOLITAN PLANNING AREA BOUND-ARIES.—Section 134(c) of such title is amended—

(1) in the subsection heading by inserting‘‘PLANNING’’ before ‘‘AREA’’;

(2) in the first sentence—(A) by striking ‘‘For the purposes’’ and insert-

ing the following:‘‘(1) IN GENERAL.—For the purposes’’; and(B) by inserting ‘‘planning’’ before ‘‘area’’;(3) by striking the second sentence and all

that follows and inserting the following:‘‘(2) INCLUDED AREA.—Each metropolitan

planning area—‘‘(A) shall encompass at least the existing ur-

banized area and the contiguous area expectedto become urbanized within a 20-year forecastperiod; and

‘‘(B) may encompass the entire metropolitanstatistical area or consolidated metropolitan sta-tistical area, as defined by the Bureau of theCensus.

‘‘(3) EXISTING METROPOLITAN PLANNING AREASIN NONATTAINMENT.—Notwithstanding para-

graph (2), in the case of an urbanized area des-ignated as a nonattainment area for ozone orcarbon monoxide under the Clean Air Act (42U.S.C. 7401 et seq.), the boundaries of the metro-politan planning area in existence as of the dateof enactment of this paragraph shall be re-tained, except that the boundaries may be ad-justed by agreement of the Governor and af-fected metropolitan planning organizations inthe manner described in subsection (b)(5).

‘‘(4) NEW METROPOLITAN PLANNING AREAS INNONATTAINMENT.—In the case of an urbanizedarea designated after the date of enactment ofthis paragraph as a nonattainment area forozone or carbon monoxide, the boundaries of themetropolitan planning area—

‘‘(A) shall be established in the manner de-scribed in subsection (b)(1);

‘‘(B) shall encompass the areas described inparagraph (2)(A);

‘‘(C) may encompass the areas described inparagraph (2)(B); and

‘‘(D) may address any nonattainment areaidentified under the Clean Air Act (42 U.S.C.7401 et seq.) for ozone or carbon monoxide.’’;and

(4) by aligning paragraph (1) (as designatedby paragraph (2)(A) of this subsection) withparagraphs (2) through (4) (as inserted by para-graph (3) of this subsection).

(d) COORDINATION IN MULTISTATE AREAS.—Section 134(d) of such title is amended to read asfollows:

‘‘(d) COORDINATION IN MULTISTATE AREAS.—‘‘(1) IN GENERAL.—The Secretary shall encour-

age each Governor with responsibility for a por-tion of a multistate metropolitan area and theappropriate metropolitan planning organiza-tions to provide coordinated transportationplanning for the entire metropolitan area.

‘‘(2) INTERSTATE COMPACTS.—The consent ofCongress is granted to any 2 or more States—

‘‘(A) to enter into agreements or compacts, notin conflict with any law of the United States,for cooperative efforts and mutual assistance insupport of activities authorized under this sec-tion as the activities pertain to interstate areasand localities within the States; and

‘‘(B) to establish such agencies, joint or other-wise, as the States may determine desirable formaking the agreements and compacts effective.

‘‘(3) LAKE TAHOE REGION.—‘‘(A) DEFINITION.—In this paragraph, the

term ‘Lake Tahoe region’ has the meaning giventhe term ‘region’ in subdivision (a) of article IIof the Tahoe Regional Planning Compact, as setforth in the first section of Public Law 96–551(94 Stat. 3234).

‘‘(B) TRANSPORTATION PLANNING PROCESS.—The Secretary shall—

‘‘(i) establish with the Federal land manage-ment agencies that have jurisdiction over landin the Lake Tahoe region a transportation plan-ning process for the region; and

‘‘(ii) coordinate the transportation planningprocess with the planning process required ofState and local governments under this section,section 135, and chapter 53 of title 49.

‘‘(C) INTERSTATE COMPACT.—‘‘(i) IN GENERAL.—Subject to clause (ii), not-

withstanding subsection (b), to carry out thetransportation planning process required by thissection, the consent of Congress is granted tothe States of California and Nevada to designatea metropolitan planning organization for theLake Tahoe region, by agreement between theGovernors of the States of California and Ne-vada and units of general purpose local govern-ment that together represent at least 75 percentof the affected population (including the centralcity or cities (as defined by the Bureau of theCensus)), or in accordance with procedures es-tablished by applicable State or local law.

‘‘(ii) INVOLVEMENT OF FEDERAL LAND MANAGE-MENT AGENCIES.—

‘‘(I) REPRESENTATION.—The policy board of ametropolitan planning organization designatedunder clause (i) shall include a representative of

each Federal land management agency that hasjurisdiction over land in the Lake Tahoe region.

‘‘(II) FUNDING.—In addition to funds madeavailable to the metropolitan planning organi-zation under other provisions of this title andunder chapter 53 of title 49, not more than 1 per-cent of the funds allocated under section 202may be used to carry out the transportationplanning process for the Lake Tahoe regionunder this subparagraph.

‘‘(D) ACTIVITIES.—Highway projects includedin transportation plans developed under thisparagraph—

‘‘(i) shall be selected for funding in a mannerthat facilitates the participation of the Federalland management agencies that have jurisdic-tion over land in the Lake Tahoe region; and

‘‘(ii) may, in accordance with chapter 2, befunded using funds allocated under section 202.

‘‘(4) RECIPIENTS OF OTHER ASSISTANCE.—TheSecretary shall encourage each metropolitanplanning organization to coordinate, to themaximum extent practicable, the design and de-livery of transportation services within the met-ropolitan planning area that are provided—

‘‘(A) by recipients of assistance under chapter53 of title 49; and

‘‘(B) by governmental agencies and nonprofitorganizations (including representatives of theagencies and organizations) that receive Federalassistance from a source other than the Depart-ment of Transportation to provide non-emergency transportation services.’’.

(e) COORDINATION OF MPOS.—Section 134(e)of such title is amended—

(1) in the subsection heading by striking‘‘MPO’S’’ and inserting ‘‘MPOS’’;

(2) by striking ‘‘If’’ and inserting the follow-ing:

‘‘(1) NONATTAINMENT AREAS.—If’’;(3) by adding at the end the following:‘‘(2) PROJECT LOCATED IN MULTIPLE MPOS.—If

a project is located within the boundaries ofmore than 1 metropolitan planning organiza-tion, the metropolitan planning organizationsshall coordinate plans regarding the project.’’;and

(4) by aligning paragraph (1) (as designatedby paragraph (2) of this subsection) with para-graph (2) (as added by paragraph (3) of thissubsection).

(f) SCOPE OF PLANNING PROCESS.—Section134(f) of such title is amended to read as follows:

‘‘(f) SCOPE OF PLANNING PROCESS.—‘‘(1) IN GENERAL.—The metropolitan transpor-

tation planning process for a metropolitan areaunder this section shall provide for consider-ation of projects and strategies that will—

‘‘(A) support the economic vitality of the met-ropolitan area, especially by enabling globalcompetitiveness, productivity, and efficiency;

‘‘(B) increase the safety and security of thetransportation system for motorized and non-motorized users;

‘‘(C) increase the accessibility and mobilityoptions available to people and for freight;

‘‘(D) protect and enhance the environment,promote energy conservation, and improve qual-ity of life;

‘‘(E) enhance the integration and connectivityof the transportation system, across and be-tween modes, for people and freight;

‘‘(F) promote efficient system managementand operation; and

‘‘(G) emphasize the preservation of the exist-ing transportation system.

‘‘(2) FAILURE TO CONSIDER FACTORS.—Thefailure to consider any factor specified in para-graph (1) shall not be reviewable by any courtunder this title, subchapter II of chapter 5 oftitle 5, or chapter 7 of title 5 in any matter af-fecting a transportation plan, a transportationimprovement plan, a project or strategy, or thecertification of a planning process.’’.

(g) LONG-RANGE TRANSPORTATION PLAN.—Sec-tion 134(g) of such title is amended—

(1) in paragraph (2) by striking ‘‘, at a mini-mum’’ and inserting ‘‘contain, at a minimum,the following’’;

CONGRESSIONAL RECORD — HOUSE H3811May 22, 1998(2) in paragraph (2)(A) by striking ‘‘Identify’’

and inserting ‘‘An identification of’’; and(3) by striking paragraph (2)(B) and inserting

the following:‘‘(B) A financial plan that demonstrates how

the adopted long-range transportation plan canbe implemented, indicates resources from publicand private sources that are reasonably ex-pected to be made available to carry out theplan, and recommends any additional financingstrategies for needed projects and programs. Thefinancial plan may include, for illustrative pur-poses, additional projects that would be in-cluded in the adopted long-range transportationplan if reasonable additional resources beyondthose identified in the financial plan were avail-able. For the purpose of developing the long-range transportation plan, the metropolitanplanning organization and State shall coopera-tively develop estimates of funds that will beavailable to support plan implementation.’’;

(4) in paragraph (4)—(A) by inserting after ‘‘employees,’’ the follow-

ing: ‘‘freight shippers, providers of freight trans-portation services,’’; and

(B) by inserting after ‘‘private providers oftransportation,’’ the following: ‘‘representativesof users of public transit,’’;

(5) by adding at the end the following:‘‘(6) SELECTION OF PROJECTS FROM ILLUS-

TRATIVE LIST.—Notwithstanding paragraph(2)(B), a State or metropolitan planning organi-zation shall not be required to select any projectfrom the illustrative list of additional projectsincluded in the financial plan under paragraph(2)(B).’’;

(6) in the subsection heading by striking‘‘LONG RANGE PLAN’’ and inserting ‘‘LONG-RANGE TRANSPORTATION PLAN’’;

(7) in the headings for paragraphs (2) and (5)by striking ‘‘LONG RANGE PLAN’’ and inserting‘‘LONG-RANGE TRANSPORTATION PLAN’’; and

(8) by striking ‘‘long range plan’’ each placeit appears and inserting ‘‘long-range transpor-tation plan’’.

(h) METROPOLITAN TRANSPORTATION IM-PROVEMENT PROGRAM.—Section 134(h) of suchtitle is amended to read as follows:

‘‘(h) METROPOLITAN TRANSPORTATION IM-PROVEMENT PROGRAM.—

‘‘(1) DEVELOPMENT.—‘‘(A) IN GENERAL.—In cooperation with the

State and any affected public transit operator,the metropolitan planning organization des-ignated for a metropolitan area shall develop atransportation improvement program for thearea for which the organization is designated.

‘‘(B) OPPORTUNITY FOR COMMENT.—In devel-oping the program, the metropolitan planningorganization, in cooperation with the State andany affected public transit operator, shall pro-vide citizens, affected public agencies, represent-atives of transportation agency employees,freight shippers, providers of freight transpor-tation services, private providers of transpor-tation, representatives of users of public transit,and other interested parties with a reasonableopportunity to comment on the proposed pro-gram.

‘‘(C) FUNDING ESTIMATES.—For the purpose ofdeveloping the transportation improvement pro-gram, the metropolitan planning organization,public transit agency, and State shall coopera-tively develop estimates of funds that are rea-sonably expected to be available to support pro-gram implementation.

‘‘(D) UPDATING AND APPROVAL.—The programshall be updated at least once every 2 years andshall be approved by the metropolitan planningorganization and the Governor.

‘‘(2) CONTENTS.—The transportation improve-ment program shall include—

‘‘(A) a priority list of proposed federally sup-ported projects and strategies to be carried outwithin each 3-year period after the initial adop-tion of the transportation improvement program;and

‘‘(B) a financial plan that—

‘‘(i) demonstrates how the transportation im-provement program can be implemented;

‘‘(ii) indicates resources from public and pri-vate sources that are reasonably expected to beavailable to carry out the program;

‘‘(iii) identifies innovative financing tech-niques to finance projects, programs, and strate-gies; and

‘‘(iv) may include, for illustrative purposes,additional projects that would be included inthe approved transportation improvement pro-gram if reasonable additional resources beyondthose identified in the financial plan were avail-able.

‘‘(3) INCLUDED PROJECTS.—‘‘(A) PROJECTS UNDER THIS CHAPTER AND

CHAPTER 53 OF TITLE 49.—A transportation im-provement program developed under this sub-section for a metropolitan area shall include theprojects and strategies within the area that areproposed for funding under this chapter andchapter 53 of title 49.

‘‘(B) PROJECTS UNDER CHAPTER 2.—‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re-

gionally significant projects proposed for fund-ing under chapter 2 shall be identified individ-ually in the transportation improvement pro-gram.

‘‘(ii) OTHER PROJECTS.—Projects proposed forfunding under chapter 2 that are not deter-mined to be regionally significant shall begrouped in 1 line item or identified individuallyin the transportation improvement program.

‘‘(C) CONSISTENCY WITH LONG-RANGE TRANS-PORTATION PLAN.—Each project shall be consist-ent with the long-range transportation plan de-veloped under subsection (g) for the area.

‘‘(D) REQUIREMENT OF ANTICIPATED FULLFUNDING.—The program shall include a project,or an identified phase of a project, only if fullfunding can reasonably be anticipated to beavailable for the project within the time periodcontemplated for completion of the project.

‘‘(4) NOTICE AND COMMENT.—Before approvinga transportation improvement program, a metro-politan planning organization shall, in coopera-tion with the State and any affected publictransit operator, provide citizens, affected publicagencies, representatives of transportationagency employees, freight shippers, providers offreight transportation services, private providersof transportation, representatives of users ofpublic transit, and other interested parties withreasonable notice of and an opportunity to com-ment on the proposed program.

‘‘(5) SELECTION OF PROJECTS.—‘‘(A) IN GENERAL.—Except as otherwise pro-

vided in subsection (i)(4) and in addition to thetransportation improvement program develop-ment required under paragraph (1), the selectionof federally funded projects for implementationin metropolitan areas shall be carried out, fromthe approved transportation improvement pro-gram—

‘‘(i) by—‘‘(I) in the case of projects under this chapter,

the State; and‘‘(II) in the case of projects under chapter 53

of title 49, the designated transit funding recipi-ents; and

‘‘(ii) in cooperation with the metropolitanplanning organization.

‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, ac-tion by the Secretary shall not be required toadvance a project included in the approvedtransportation improvement program in place ofanother project in the program.

‘‘(6) SELECTION OF PROJECTS FROM ILLUS-TRATIVE LIST.—

‘‘(A) NO REQUIRED SELECTION.—Notwithstand-ing paragraph (2)(B)(iv), a State or metropoli-tan planning organization shall not be requiredto select any project from the illustrative list ofadditional projects included in the financialplan under paragraph (2)(B)(iv).

‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by the Secretary shall be required for a

State or metropolitan planning organization toselect any project from the illustrative list of ad-ditional projects included in the financial planunder paragraph (2)(B)(iv) for inclusion in anapproved transportation improvement program.

‘‘(7) PUBLICATION.—‘‘(A) PUBLICATION OF TRANSPORTATION IM-

PROVEMENT PROGRAMS.—A transportation im-provement program involving Government par-ticipation shall be published or otherwise madereadily available by the metropolitan planningorganization for public review.

‘‘(B) PUBLICATION OF ANNUAL LISTINGS OFPROJECTS.—An annual listing of projects forwhich Federal funds have been obligated in thepreceding year shall be published or otherwisemade available by the metropolitan planning or-ganization for public review. The listing shall beconsistent with the categories identified in thetransportation improvement program.’’.

(i) TRANSPORTATION MANAGEMENT AREAS.—(1) REQUIRED DESIGNATIONS.—Section 134(i)(1)

of such title is amended to read as follows:‘‘(1) DESIGNATION.—‘‘(A) REQUIRED DESIGNATIONS.—The Secretary

shall designate as a transportation managementarea each urbanized area with a population ofover 200,000 individuals.

‘‘(B) DESIGNATIONS ON REQUEST.—The Sec-retary shall designate any additional area as atransportation management area on the requestof the Governor and the metropolitan planningorganization designated for the area.’’.

(2) SELECTION OF PROJECTS.—Section 134(i)(4)of such title is amended to read as follows:

‘‘(4) SELECTION OF PROJECTS.—‘‘(A) IN GENERAL.—All federally funded

projects carried out within the boundaries of atransportation management area under this title(excluding projects carried out on the NationalHighway System and projects carried out underthe bridge program or the Interstate mainte-nance program) or under chapter 53 of title 49shall be selected for implementation from the ap-proved transportation improvement program bythe metropolitan planning organization des-ignated for the area in consultation with theState and any affected public transit operator.

‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects carried out within the boundaries of atransportation management area on the Na-tional Highway System and projects carried outwithin such boundaries under the bridge pro-gram or the Interstate maintenance programshall be selected for implementation from the ap-proved transportation improvement program bythe State in cooperation with the metropolitanplanning organization designated for thearea.’’.

(3) CERTIFICATION.—Section 134(i)(5) of suchtitle is amended to read as follows:

‘‘(5) CERTIFICATION.—‘‘(A) IN GENERAL.—The Secretary shall—‘‘(i) ensure that the metropolitan planning

process in each transportation management areais being carried out in accordance with applica-ble provisions of Federal law; and

‘‘(ii) subject to subparagraph (B), certify, notless often than once every 3 years, that the re-quirements of this paragraph are met with re-spect to the transportation management area.

‘‘(B) REQUIREMENTS FOR CERTIFICATION.—TheSecretary may make the certification under sub-paragraph (A) if—

‘‘(i) the transportation planning process com-plies with the requirements of this section andother applicable requirements of Federal law;and

‘‘(ii) there is a transportation improvementprogram for the area that has been approved bythe metropolitan planning organization and theGovernor.

‘‘(C) EFFECT OF FAILURE TO CERTIFY.—‘‘(i) WITHHOLDING OF FUNDS.—If a metropoli-

tan planning process is not certified, the Sec-retary may withhold up to 20 percent of the ap-portioned funds attributable to the transpor-tation management area under this title andchapter 53 of title 49.

CONGRESSIONAL RECORD — HOUSEH3812 May 22, 1998‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The

withheld apportionments shall be restored to themetropolitan area at such time as the metropoli-tan planning organization is certified by theSecretary.

‘‘(iii) FEASIBILITY OF PRIVATE ENTERPRISEPARTICIPATION.—The Secretary shall not with-hold certification under this paragraph basedon the policies and criteria established by a met-ropolitan planning organization or transit grantrecipient for determining the feasibility of pri-vate enterprise participation in accordance withsection 5306(a) of title 49.

‘‘(D) REVIEW OF CERTIFICATION.—In makingcertification determinations under this para-graph, the Secretary shall provide for public in-volvement appropriate to the metropolitan areaunder review.’’.

(j) ABBREVIATED PLANS AND PROGRAMS FORCERTAIN AREAS.—Section 134(j) of such title isamended to read as follows:

‘‘(j) ABBREVIATED PLANS AND PROGRAMS FORCERTAIN AREAS.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), inthe case of a metropolitan area not designatedas a transportation management area under thissection, the Secretary may provide for the devel-opment of an abbreviated long-range transpor-tation plan and transportation improvementprogram for the metropolitan area that the Sec-retary determines is appropriate to achieve thepurposes of this section, taking into account thecomplexity of transportation problems in thearea.

‘‘(2) NONATTAINMENT AREAS.—The Secretarymay not permit abbreviated plans or programsfor a metropolitan area that is in nonattainmentfor ozone or carbon monoxide under the CleanAir Act (42 U.S.C. 7401 et seq.).’’.

(k) ADDITIONAL REQUIREMENTS FOR CERTAINNONATTAINMENT AREAS.—Section 134(l) of suchtitle is amended—

(1) by striking ‘‘Notwithstanding’’ and insert-ing the following:

‘‘(1) IN GENERAL.—Notwithstanding’’; and(2) by adding at the end the following:‘‘(2) APPLICABILITY.—This subsection applies

to a nonattainment area within the metropoli-tan planning area boundaries determined undersubsection (c).’’.

(l) FUNDING.—Section 134(n) of such title isamended to read as follows:

‘‘(n) FUNDING.—‘‘(1) IN GENERAL.—Funds set aside under sec-

tion 104(f) of this title to carry out sections 5303through 5305 of title 49 shall be available tocarry out this section.

‘‘(2) UNUSED FUNDS.—Any funds that are notused to carry out this section may be madeavailable by the metropolitan planning organi-zation to the State to fund activities under sec-tion 135.’’.

(m) CONTINUATION OF CURRENT REVIEW PRAC-TICE.—Section 134 of such title is amended byadding at the end the following:

‘‘(o) CONTINUATION OF CURRENT REVIEWPRACTICE.—Since plans and programs describedin this section are subject to a reasonable oppor-tunity for public comment, since individualprojects included in the plans and programs aresubject to review under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 etseq.), and since decisions by the Secretary con-cerning plans and programs described in thissection have not been reviewed under such Actas of January 1, 1997, any decision by the Sec-retary concerning a plan or program describedin this section shall not be considered to be aFederal action subject to review under the Na-tional Environmental Policy Act of 1969 (42U.S.C. 4321 et seq.).’’.

(n) TECHNICAL AMENDMENT.—The analysis forchapter 1 of title 23, United States Code, isamended by striking the item relating to section134 and inserting the following:

‘‘134. Metropolitan planning.’’.

SEC. 1204. STATEWIDE PLANNING.(a) GENERAL REQUIREMENTS.—Section 135(a)

of title 23, United States Code, is amended toread as follows:

‘‘(a) GENERAL REQUIREMENTS.—‘‘(1) FINDINGS.—It is in the national interest

to encourage and promote the safe and efficientmanagement, operation, and development ofsurface transportation systems that will servethe mobility needs of people and freight and fos-ter economic growth and development withinand through urbanized areas, while minimizingtransportation-related fuel consumption and airpollution.

‘‘(2) DEVELOPMENT OF PLANS AND PRO-GRAMS.—Subject to section 134 of this title andsections 5303 through 5305 of title 49, each Stateshall develop transportation plans and programsfor all areas of the State.

‘‘(3) CONTENTS.—The plans and programs foreach State shall provide for the developmentand integrated management and operation oftransportation systems and facilities (includingpedestrian walkways and bicycle transportationfacilities) that will function as an intermodaltransportation system for the State and an inte-gral part of an intermodal transportation systemfor the United States.

‘‘(4) PROCESS OF DEVELOPMENT.—The processfor developing the plans and programs shallprovide for consideration of all modes of trans-portation and shall be continuing, cooperative,and comprehensive to the degree appropriate,based on the complexity of the transportationproblems to be addressed.’’.

(b) COORDINATION WITH METROPOLITAN PLAN-NING; STATE IMPLEMENTATION PLAN.—Section135(b) of such title is amended by inserting after‘‘of this title’’ the following: ‘‘and sections 5303through 5305 of title 49’’.

(c) SCOPE OF PLANNING PROCESS.—Section135(c) of such title is amended to read as fol-lows:

‘‘(c) SCOPE OF PLANNING PROCESS.—‘‘(1) IN GENERAL.—Each State shall carry out

a transportation planning process that providesfor consideration of projects and strategies thatwill—

‘‘(A) support the economic vitality of theUnited States, the States, and metropolitanareas, especially by enabling global competitive-ness, productivity, and efficiency;

‘‘(B) increase the safety and security of thetransportation system for motorized and non-motorized users;

‘‘(C) increase the accessibility and mobilityoptions available to people and for freight;

‘‘(D) protect and enhance the environment,promote energy conservation, and improve qual-ity of life;

‘‘(E) enhance the integration and connectivityof the transportation system, across and be-tween modes throughout the State, for peopleand freight;

‘‘(F) promote efficient system managementand operation; and

‘‘(G) emphasize the preservation of the exist-ing transportation system.

‘‘(2) FAILURE TO CONSIDER FACTORS.—Thefailure to consider any factor specified in para-graph (1) shall not be reviewable by any courtunder this title, subchapter II of chapter 5 oftitle 5, or chapter 7 of title 5 in any matter af-fecting a transportation plan, a transportationimprovement plan, a project or strategy, or thecertification of a planning process.’’.

(d) ADDITIONAL REQUIREMENTS.—Section135(d) of such title is amended to read as fol-lows:

‘‘(d) ADDITIONAL REQUIREMENTS.—In carryingout planning under this section, each Stateshall, at a minimum, consider—

‘‘(1) with respect to nonmetropolitan areas,the concerns of local elected officials represent-ing units of general purpose local government;

‘‘(2) the concerns of Indian tribal governmentsand Federal land management agencies thathave jurisdiction over land within the bound-aries of the State; and

‘‘(3) coordination of transportation plans,programs, and planning activities with relatedplanning activities being carried out outside ofmetropolitan planning areas.’’.

(e) LONG-RANGE TRANSPORTATION PLAN.—Sec-tion 135(e) of such title is amended to read asfollows:

‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—‘‘(1) DEVELOPMENT.—Each State shall develop

a long-range transportation plan, with a mini-mum 20-year forecast period, for all areas of theState, that provides for the development and im-plementation of the intermodal transportationsystem of the State.

‘‘(2) CONSULTATION WITH GOVERNMENTS.—‘‘(A) METROPOLITAN AREAS.—With respect to

each metropolitan area in the State, the long-range transportation plan shall be developed incooperation with the metropolitan planning or-ganization designated for the metropolitan areaunder section 134 of this title and section 5303 oftitle 49.

‘‘(B) NONMETROPOLITAN AREAS.—With respectto each nonmetropolitan area, the long-rangetransportation plan shall be developed in con-sultation with affected local officials with re-sponsibility for transportation.

‘‘(C) INDIAN TRIBAL AREAS.—With respect toeach area of the State under the jurisdiction ofan Indian tribal government, the long-rangetransportation plan shall be developed in con-sultation with the tribal government and theSecretary of the Interior.

‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing the long-range transportationplan, the State shall—

‘‘(A) provide citizens, affected public agencies,representatives of transportation agency em-ployees, freight shippers, private providers oftransportation, representatives of users of publictransit, providers of freight transportation serv-ices, and other interested parties with a reason-able opportunity to comment on the proposedplan; and

‘‘(B) identify transportation strategies nec-essary to efficiently serve the mobility needs ofpeople.

‘‘(4) FINANCIAL PLAN.—The long-range trans-portation plan may include a financial planthat demonstrates how the adopted long-rangetransportation plan can be implemented, indi-cates resources from public and private sourcesthat are reasonably expected to be made avail-able to carry out the plan, and recommends anyadditional financing strategies for neededprojects and programs. The financial plan mayinclude, for illustrative purposes, additionalprojects that would be included in the adoptedtransportation plan if reasonable additional re-sources beyond those identified in the financialplan were available.

‘‘(5) SELECTION OF PROJECTS FROM ILLUS-TRATIVE LIST.—Notwithstanding paragraph (4),a State shall not be required to select anyproject from the illustrative list of additionalprojects included in the financial plan underparagraph (4).’’.

(f) STATE TRANSPORTATION IMPROVEMENTPROGRAM.—Section 135(f) of such title is amend-ed to read as follows:

‘‘(f) STATE TRANSPORTATION IMPROVEMENTPROGRAM.—

‘‘(1) DEVELOPMENT.—‘‘(A) IN GENERAL.—Each State shall develop a

transportation improvement program for allareas of the State.

‘‘(B) CONSULTATION WITH GOVERNMENTS.—‘‘(i) METROPOLITAN AREAS.—With respect to

each metropolitan area in the State, the pro-gram shall be developed in cooperation with themetropolitan planning organization designatedfor the metropolitan area under section 134 ofthis title and section 5303 of title 49.

‘‘(ii) NONMETROPOLITAN AREAS.—‘‘(I) IN GENERAL.—With respect to each non-

metropolitan area in the State, the programshall be developed in consultation with affectedlocal officials with responsibility for transpor-tation.

CONGRESSIONAL RECORD — HOUSE H3813May 22, 1998‘‘(II) REVIEW.—Not later than 1 year after the

date of enactment of this subclause, the Stateshall submit to the Secretary the details of theconsultative planning process developed by theState for nonmetropolitan areas under subclause(I). The Secretary shall not review or approvesuch process.

‘‘(iii) INDIAN TRIBAL AREAS.—With respect toeach area of the State under the jurisdiction ofan Indian tribal government, the program shallbe developed in consultation with the tribal gov-ernment and the Secretary of the Interior.

‘‘(C) PARTICIPATION BY INTERESTED PARTIES.—In developing the program, the Governor shallprovide citizens, affected public agencies, rep-resentatives of transportation agency employees,freight shippers, private providers of transpor-tation, providers of freight transportation serv-ices, representatives of users of public transit,and other interested parties with a reasonableopportunity to comment on the proposed pro-gram.

‘‘(2) INCLUDED PROJECTS.—‘‘(A) IN GENERAL.—A transportation improve-

ment program developed under this subsectionfor a State shall include federally supportedsurface transportation expenditures within theboundaries of the State.

‘‘(B) CHAPTER 2 PROJECTS.—‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Re-

gionally significant projects proposed for fund-ing under chapter 2 shall be identified individ-ually in the transportation improvement pro-gram.

‘‘(ii) OTHER PROJECTS.—Projects proposed forfunding under chapter 2 that are not deter-mined to be regionally significant shall begrouped in 1 line item or identified individuallyin the transportation improvement program.

‘‘(C) CONSISTENCY WITH LONG-RANGE TRANS-PORTATION PLAN.—Each project shall be—

‘‘(i) consistent with the long-range transpor-tation plan developed under this section for theState;

‘‘(ii) identical to the project as described in anapproved metropolitan transportation improve-ment program; and

‘‘(iii) in conformance with the applicableState air quality implementation plan developedunder the Clean Air Act (42 U.S.C. 7401 et seq.),if the project is carried out in an area des-ignated as nonattainment for ozone or carbonmonoxide under such Act.

‘‘(D) REQUIREMENT OF ANTICIPATED FULLFUNDING.—The program shall include a project,or an identified phase of a project, only if fullfunding can reasonably be anticipated to beavailable for the project within the time periodcontemplated for completion of the project.

‘‘(E) FINANCIAL PLAN.—The transportation im-provement program may include a financialplan that demonstrates how the approved trans-portation improvement program can be imple-mented, indicates resources from public and pri-vate sources that are reasonably expected to bemade available to carry out the plan, and rec-ommends any additional financing strategies forneeded projects and programs. The financialplan may include, for illustrative purposes, ad-ditional projects that would be included in theadopted transportation plan if reasonable addi-tional resources beyond those identified in thefinancial plan were available.

‘‘(F) SELECTION OF PROJECTS FROM ILLUS-TRATIVE LIST.—

‘‘(i) NO REQUIRED SELECTION.—Notwithstand-ing subparagraph (E), a State shall not be re-quired to select any project from the illustrativelist of additional projects included in the finan-cial plan under subparagraph (E).

‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action by the Secretary shall be required for aState to select any project from the illustrativelist of additional projects included in the finan-cial plan under subparagraph (E) for inclusionin an approved transportation improvement pro-gram.

‘‘(G) PRIORITIES.—The program shall reflectthe priorities for programming and expenditures

of funds, including transportation enhancementactivities, required by this title.

‘‘(3) PROJECT SELECTION FOR AREAS OF LESSTHAN 50,000 POPULATION.—

‘‘(A) IN GENERAL.—Projects carried out inareas with populations of less than 50,000 indi-viduals (excluding projects carried out on theNational Highway System and projects carriedout under the bridge program or the Interstatemaintenance program) shall be selected, fromthe approved statewide transportation improve-ment program, by the State in cooperation withthe affected local officials.

‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects carried out in areas described in sub-paragraph (A) on the National Highway Systemand projects carried out in such areas under thebridge program or the Interstate maintenanceprogram shall be selected, from the approvedstatewide transportation improvement program,by the State in consultation with the affectedlocal officials.

‘‘(4) BIENNIAL REVIEW AND APPROVAL.—Atransportation improvement program developedunder this subsection shall be reviewed and, ona finding that the planning process throughwhich the program was developed is consistentwith this section, section 134, and sections 5303through 5305 of title 49, approved not less fre-quently than biennially by the Secretary.

‘‘(5) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, ac-tion by the Secretary shall not be required toadvance a project included in the approvedstatewide transportation improvement programin place of another project in the program.’’.

(g) FUNDING.—Section 134(g) of such title isamended by striking ‘‘section 307(c)(1)’’ and in-serting ‘‘section 505(a)’’.

(h) CONTINUATION OF CURRENT REVIEW PRAC-TICE.—Section 135 of such title is amended byadding at the end the following:

‘‘(i) CONTINUATION OF CURRENT REVIEW PRAC-TICE.—Since plans and programs described inthis section are subject to a reasonable oppor-tunity for public comment, since individualprojects included in the plans and programs aresubject to review under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 etseq.), and since decisions by the Secretary con-cerning plans and programs described in thissection have not been reviewed under such Actas of January 1, 1997, any decision by the Sec-retary concerning a plan or program describedin this section shall not be considered to be aFederal action subject to review under the Na-tional Environmental Policy Act of 1969 (42U.S.C. 4321 et seq.).’’.

(i) PARTICIPATION OF LOCAL ELECTED OFFI-CIALS.—

(1) STUDY.—The Secretary shall conduct astudy on the effectiveness of the participation oflocal elected officials in transportation planningand programming. In conducting the study, theSecretary shall consider the degree of coopera-tion between each State, local officials in ruralareas in the State, and regional planning anddevelopment organizations in the State.

(2) REPORT.—Not later than 2 years after thedate of enactment of this Act, the Secretaryshall transmit to Congress a report containingthe results of the study with any recommenda-tions the Secretary determines appropriate as aresult of the study.SEC. 1205. CONTRACTING FOR ENGINEERING AND

DESIGN SERVICES.(a) CONTRACTING PROCEDURES.—Section

112(b)(2) of title 23, United States Code, isamended in clauses (i) and (ii) of subparagraph(B) by striking ‘‘, except to’’ each place it ap-pears and all that follows through the period atthe end and inserting a period.

(b) SELECTION PROCESS.—Section 112 of title23, United States Code, is amended by adding atthe end the following:

‘‘(g) SELECTION PROCESS.—A State may pro-cure, under a single contract, the services of aconsultant to prepare any environmental impact

assessments or analyses required for a project,including environmental impact statements, aswell as subsequent engineering and design workon the project if the State conducts a reviewthat assesses the objectivity of the environ-mental assessment, environmental analysis, orenvironmental impact statement prior to its sub-mission to the Secretary.’’.SEC. 1206. ACCESS OF MOTORCYCLES.

Section 102 of title 23, United States Code, isamended by redesignating subsection (b) as sub-section (c) and by inserting after subsection (a)the following:

‘‘(b) ACCESS OF MOTORCYCLES.—No State orpolitical subdivision of a State may enact or en-force a law that applies only to motorcycles andthe principal purpose of which is to restrict theaccess of motorcycles to any highway or portionof a highway for which Federal-aid highwayfunds have been utilized for planning, design,construction, or maintenance. Nothing in thissubsection shall affect the authority of a Stateor political subdivision of a State to regulatemotorcycles for safety.’’.SEC. 1207. CONSTRUCTION OF FERRY BOATS AND

FERRY TERMINAL FACILITIES.(a) FERRY OPERATING AND LEASING AMEND-

MENTS.—Section 129(c)(3) of title 23, UnitedStates Code, is amended by striking ‘‘owned.’’and inserting ‘‘owned or operated or majoritypublicly owned if the Secretary determines withrespect to a majority publicly owned ferry orferry terminal facility that such ferry boat orferry terminal facility provides substantial pub-lic benefits.’’; and

(b) REAUTHORIZATION.—Section 1064 of theIntermodal Surface Transportation EfficiencyAct of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) isamended—

(1) in the second sentence of subsection (c) bystriking ‘‘Such sums’’ and inserting ‘‘Sums madeavailable to carry out this section’’;

(2) by redesignating subsections (d) and (e) assubsections (e) and (f), respectively; and

(3) by inserting after subsection (c) the follow-ing:

‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—‘‘(1) IN GENERAL.—$20,000,000 of the amount

made available to carry out this section for eachof fiscal years 1999 through 2003 shall be obli-gated for the construction or refurbishment offerry boats and ferry terminal facilities and ap-proaches to such facilities within marine high-way systems that are part of the National High-way System.

‘‘(2) ALASKA.—$10,000,000 of the $20,000,000 fora fiscal year made available under paragraph(1) shall be made available to the State of Alas-ka.’’.

‘‘(3) NEW JERSEY.—$5,000,000 of the $20,000,000for a fiscal year made available under para-graph (1) shall be made available to the State ofNew Jersey.’’.

‘‘(4) WASHINGTON.—$5,000,000 of the$20,000,000 for a fiscal year made availableunder paragraph (1) shall be made available tothe State of Washington.’’.

(c) STUDY.—(1) IN GENERAL.—The Secretary shall conduct

a study of ferry transportation in the UnitedStates and its possessions—

(A) to identify existing ferry operations, in-cluding—

(i) the locations and routes served; and(ii) the source and amount, if any, of funds

derived from Federal, State, or local governmentsources supporting ferry construction or oper-ations;

(B) to identify potential domestic ferry routesin the United States and its possessions and todevelop information on those routes; and

(C) to identify the potential for use of high-speed ferry services and alternative-fueled ferryservices.

(2) REPORT.—The Secretary shall submit a re-port on the results of the study to the Committeeon Transportation and Infrastructure of the

CONGRESSIONAL RECORD — HOUSEH3814 May 22, 1998House of Representatives and the Committee onEnvironment and Public Works of the Senate.SEC. 1208. TRAINING.

(a) TRAINING POSITIONS FOR WELFARE RECIPI-ENTS.—Section 140(a) of title 23, United StatesCode, is amended by inserting after the thirdsentence the following: ‘‘In implementing suchprograms, a State may reserve training positionsfor persons who receive welfare assistance fromsuch State; except that the implementation ofany such program shall not cause current em-ployees to be displaced or current positions to besupplanted or preclude workers that are partici-pating in an apprenticeship, skill improvement,or other upgrading program registered with theDepartment of Labor or the appropriate Stateagency from being referred to, or hired on,projects funded under this title without regardto the length of time of their participation insuch program.’’.

(b) HIGHWAY TRAINING.—Section 140(b) ofsuch title is amended—

(1) in the first sentence—(A) by inserting ‘‘and technology’’ after ‘‘con-

struction’’; and(B) by inserting after ‘‘programs’’ the follow-

ing: ‘‘, and to develop and fund summer trans-portation institutes’’; and

(2) in the second sentence by striking ‘‘104(b)’’and inserting ‘‘104(b)(3)’’.

(c) SUPPORTIVE SERVICES.—Section 140(c) ofsuch title is amended by striking ‘‘104(a)’’ andinserting ‘‘104(b)(3)’’.SEC. 1209. USE OF HOV LANES BY INHERENTLY

LOW-EMISSION VEHICLES.Section 102(a) of title 23, United States Code,

is amended—(1) by striking ‘‘A State’’ and inserting the

following:‘‘(1) IN GENERAL.—A State’’;(2) by adding at the end the following:‘‘(2) EXCEPTION FOR INHERENTLY LOW-EMIS-

SION VEHICLES.—Notwithstanding paragraph(1), before September 30, 2003, a State may per-mit a vehicle with fewer than 2 occupants to op-erate in high occupancy vehicle lanes if the ve-hicle is certified as an Inherently Low-EmissionVehicle pursuant to title 40, Code of FederalRegulations, and is labeled in accordance with,section 88.312–93(c) of such title. Such permis-sion may be revoked by the State should theState determine it necessary.’’; and

(3) by aligning the remainder of paragraph (1)(as designated by paragraph (1) of this sub-section) with paragraph (2) (as added by para-graph (2) of this subsection).SEC. 1210. ADVANCED TRAVEL FORECASTING

PROCEDURES PROGRAM.(a) ESTABLISHMENT.—The Secretary shall es-

tablish an advanced travel forecasting proce-dures program—

(1) to provide for completion of the advancedtransportation model developed under theTransportation Analysis Simulation System (re-ferred to in this section as ‘‘TRANSIMS’’); and

(2) to provide support for early deployment ofthe advanced transportation modeling computersoftware and graphics package developed underTRANSIMS and the program established underthis section to States, local governments, andmetropolitan planning organizations with re-sponsibility for travel modeling.

(b) ELIGIBLE ACTIVITIES.—The Secretary shalluse funds made available under this section to—

(1) provide funding for completion of core de-velopment of the advanced transportationmodel;

(2) develop user-friendly advanced transpor-tation modeling computer software and graphicspackages;

(3) provide training and technical assistancewith respect to the implementation and applica-tion of the advanced transportation model toStates, local governments, and metropolitanplanning organizations with responsibility fortravel modeling; and

(4) allocate funds to not more than 12 entitiesdescribed in paragraph (3), representing a diver-

sity of populations and geographic regions, fora pilot program to enable transportation man-agement areas designated under section 134(i) oftitle 23, United States Code, to convert from theuse of travel forecasting procedures in use bythe areas as of the date of enactment of this Actto the use of the advanced transportation model.

(c) FUNDING.—(1) IN GENERAL.—There are authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this section $4,000,000 for fiscal year 1998,$3,000,000 for fiscal year 1999, $6,500,000 for fis-cal year 2000, $5,000,000 for fiscal year 2001,$4,000,000 for fiscal year 2002, and $2,500,000 forfiscal year 2003.

(2) ALLOCATION OF FUNDS.—(A) FISCAL YEARS 1998 AND 1999.—For each of

fiscal years 1998 and 1999, 100 percent of thefunds made available under paragraph (1) shallbe allocated to activities in described in para-graphs (1), (2), and (3) of subsection (b).

(B) FISCAL YEARS 2000 THROUGH 2003.—For eachof fiscal years 2000 through 2003, not more than50 percent of the funds made available underparagraph (1) may be allocated to activities de-scribed in subsection (b)(4).

(3) CONTRACT AUTHORITY.—Funds authorizedunder this subsection shall be available for obli-gation in the same manner as if the funds wereapportioned under chapter 1 of title 23, UnitedStates Code, except that the Federal share of thecost of—

(A) any activity described in paragraph (1),(2), or (3) of subsection (b) shall not exceed 100percent; and

(B) any activity described in subsection (b)(4)shall not exceed 80 percent.SEC. 1211. AMENDMENTS TO PRIOR SURFACE

TRANSPORTATION LAWS.(a) PENNSYLVANIA STATION REDEVELOPMENT

CORPORATION BOARD OF DIRECTORS.—Section1069(gg) of the Intermodal Surface Transpor-tation Efficiency Act of 1991 (109 Stat. 593 etseq.) is amended by adding at the end the fol-lowing:

‘‘(3) PENNSYLVANIA STATION REDEVELOPMENTCORPORATION BOARD OF DIRECTORS.—In further-ance of the redevelopment of the James A. Far-ley Post Office in New York, New York, into anintermodal transportation facility and commer-cial center, the Secretary, the Administrator ofthe Federal Railroad Administration, or theirdesignees are authorized to serve as ex officiomembers of the Board of Directors of the Penn-sylvania Station Redevelopment Corporation.’’.

(b) UNION STATION REDEVELOPMENT CORPORA-TION BOARD OF DIRECTORS.—Subtitle B of title Iof the National Visitor Center Facilities Act of1968 (40 U.S.C. 811 et seq.) is amended by addingat the end the following:‘‘SEC. 120. UNION STATION REDEVELOPMENT

CORPORATION.‘‘To further the rehabilitation, redevelopment

and operation of the Union Station complex, theSecretary of Transportation, the Administratorof the Federal Railroad Administration, or theirdesignees are authorized to serve as ex officiomembers of the Board of Directors of the UnionStation Redevelopment Corporation.

(c) SAFETY BELT USE LAW REQUIREMENTS.—Section 355 of the National Highway SystemDesignation Act of 1995 (109 Stat. 624) is amend-ed—

(1) in the section heading by striking ‘‘andMAINE’’;

(2) in subsection (a)—(A) by striking ‘‘States of New Hampshire and

Maine shall each’’ and inserting ‘‘State of NewHampshire shall’’; and

(B) in paragraph (1) by striking ‘‘and 1996’’and inserting ‘‘through 2000’’; and

(3) by striking ‘‘or Maine’’ each place it ap-pears.

(d) METRIC CONVERSION AT STATE OPTION.—Section 205(c)(2) of the National Highway Sys-tem Designation Act of 1995 (23 U.S.C. 109 note;

109 Stat. 577) is amended by striking ‘‘BeforeSeptember 30, 2000, the’’ and inserting ‘‘The’’.

(e) RIGHT-OF-WAY REVOLVING FUND.—(1) TERMINATION.—Section 108 of title 23,

United States Code, is amended—(A) by striking subsection (c); and(B) by redesignating subsection (d) as sub-

section (c).(2) TRANSITION PROVISION.—(A) IN GENERAL.—Funds advanced to a State

by the Secretary from the right-of-way revolvingfund established by section 108(c) of title 23,United States Code, prior to the date of enact-ment of this Act shall remain available to theState for use on the projects for which the fundswere advanced for a period of 20 years from thedate on which the funds were advanced.

(B) CREDIT TO HIGHWAY TRUST FUND.—Withrespect to a project for which funds have beenadvanced from the right-of-way revolving fund,upon the termination of the 20-year period re-ferred to in subparagraph (A), when actual con-struction is commenced, or upon approval by theSecretary of the plans, specifications, and esti-mates for the actual construction of the projecton the right-of-way, whichever occurs first—

(i) the Highway Trust Fund (other than theMass Transit Account) shall be credited with anamount equal to the Federal share of the fundsadvanced, as provided in section 120 of title 23,United States Code, out of any Federal-aidhighway funds apportioned to the State inwhich the project is located and available forobligation for projects of the type funded; and

(ii) the State shall reimburse the Secretary inan amount equal to the non-Federal share ofthe funds advanced for deposit in, and credit to,the Highway Trust Fund (other than the MassTransit Account).

(g) PILOT TOLL COLLECTION PROGRAM.—Sec-tion 129 of title 23, United States Code, isamended by striking subsection (d).

(h) CONGRESSIONAL BRIDGE COMMISSIONS.—Public Law 87–441 (76 Stat. 59) is repealed.

(i) ISTEA HIGH PRIORITY CORRIDORS.—(1) IN GENERAL.—Section 1105(c) of the Inter-

modal Surface Transportation Efficiency Act of1991 (105 Stat. 2032–2033) is amended—

(A) by striking paragraph (5)(B)(iii)(I)(ff) andinserting the following:

‘‘(ff) South Carolina State line to the MyrtleBeach Conway region to Georgetown, SouthCarolina, including a connection to Andrewsfollowing the route 41 corridor and to Camdenfollowing the U.S. Route 521 corridor; and’’;

(B) by striking paragraph (5)(B)(iii)(II)(hh)and inserting the following:

‘‘(hh) South Carolina State line to the MyrtleBeach Conway region to Georgetown, SouthCarolina.’’;

(C) in paragraph (9) by inserting after ‘‘NewYork’’ the following: ‘‘, including United StatesRoute 322 between United States Route 220 andI–80’’;

(D) in paragraph (18)—(i) by striking ‘‘(18) Corridor from Indianap-

olis,’’ and inserting the following:‘‘(18) Corridor from Sarnia, Ontario, Canada,

through Port Huron, Michigan, southwesterlyalong Interstate Route 69 through Indianap-olis,’’; and

(ii) by striking ‘‘and to include’’ and insertingthe following: ‘‘as follows:

‘‘(A) In Michigan, the corridor shall be fromSarnia, Ontario, Canada, southwesterly alongInterstate Route 94 to the Ambassador Bridgeinterchange in Detroit, Michigan.

‘‘(B) In Michigan and Illinois, the corridorshall be from Windsor, Ontario, Canada,through Detroit, Michigan, westerly alongInterstate Route 94 to Chicago, Illinois.

‘‘(C) In Tennessee, Mississippi, Arkansas, andLouisiana, the Corridor shall—

‘‘(i) follow the alignment generally identifiedin the Corridor 18 Special Issues Study FinalReport; and

‘‘(ii) include a connection between the Cor-ridor in the vicinity of Monticello, Arkansas, toPine Bluff, Arkansas.

CONGRESSIONAL RECORD — HOUSE H3815May 22, 1998‘‘(D) In the Lower Rio Grande Valley, the

Corridor shall—‘‘(i) include United States Route 77 from the

Rio Grande River to Interstate Route 37 at Cor-pus Christi, Texas, and then to Victoria, Texas,via United States Route 77;

‘‘(ii) include United States Route 281 from theRio Grande River to Interstate Route 37 andthen to Victoria, Texas, via United States Route59; and

‘‘(iii) include’’;(E) in paragraph (21) by striking ‘‘United

States Route 17 in the vicinity of Salamanca,New York’’ and inserting ‘‘Interstate Route 80’’;

(F) by inserting ‘‘, including I–29 betweenKansas City and the Canadian border’’ beforethe period at the end of paragraph (23); and

(G) by inserting after paragraph (29) the fol-lowing:

‘‘(30) Interstate Route 5 in the States of Cali-fornia, Oregon, and Washington, includingCalifornia State Route 905 between InterstateRoute 5 and the Otay Mesa Port of Entry.

‘‘(31) The Mon-Fayette Expressway andSouthern Beltway in Pennsylvania and WestVirginia.

‘‘(32) The Wisconsin Development Corridorfrom the Iowa, Illinois, and Wisconsin bordernear Dubuque, Iowa, to the Upper MississippiRiver Basin near Eau Claire, Wisconsin, as fol-lows:

‘‘(A) United States Route 151 from the Iowaborder to Fond du Lac via Madison, Wisconsin,then United States Route 41 from Fond du Lacto Marinette via Oshkosh, Appleton, and GreenBay, Wisconsin.

‘‘(B) State Route 29 from Green Bay to I–94via Wausau, Chippewa Falls, and Eau Claire,Wisconsin.

‘‘(C) United States Route 10 from Appleton toMarshfield, Wisconsin.

‘‘(33) The Capital Gateway Corridor followingUnited States Route 50 from the proposed inter-modal transportation center connected to I–395in Washington, D.C., to the intersection ofUnited States Route 50 with Kenilworth Avenueand the Baltimore-Washington Parkway inMaryland.

‘‘(34) The Alameda Corridor East and South-west Passage, California. The Alameda CorridorEast is generally described as 52.8 miles fromeast Los Angeles (terminus of Alameda Corridor)through the San Gabriel Valley terminating atColton Junction in San Bernardino. The South-west Passage shall follow I–10 from SanBernardino to the Arizona State line and I–8from San Diego to the Arizona State line.

‘‘(35) Everett-Tacoma FAST Corridor.‘‘(36) New York and Pennsylvania State

Route 17 from Harriman, New York, to its inter-section with I–90 in Pennsylvania.

‘‘(37) United States Route 90 from I–49 in La-fayette, Louisiana, to I–10 in New Orleans.

‘‘(38) The Ports-to-Plains Corridor from theMexican Border via I–27 to Denver, Colorado.

‘‘(39) United States Route 63 from MarkedTree, Arkansas, to I–55.

‘‘(40) The Greensboro Corridor from Danville,Virginia, to Greensboro, North Carolina, alongUnited States Route 29.

‘‘(41) The Falls-to-Falls Corridor—UnitedStates Route 53 from International Falls on theMinnesota/Canada border to Chippewa Falls,Wisconsin.

‘‘(42) The portion of Corridor V of the Appa-lachian development highway system fromInterstate Route 55 near Batesville, Mississippi,to the intersection with Corridor X of the Appa-lachian development highway system near Ful-ton, Mississippi, and the portion of Corridor Xof the Appalachian development highway sys-tem from near Fulton, Mississippi, to the inter-section with Interstate Route 65 near Bir-mingham, Alabama.

‘‘(43) The United States Route 95 Corridorfrom the Canadian border at Eastport, Idaho, tothe Oregon State border.’’.

(2) PROVISIONS APPLICABLE TO CORRIDORS.—Section 1105(e)(5)(A) of such Act is amended—

(A) by inserting after ‘‘referred to’’ the firstplace it appears the following: ‘‘in subsection(c)(1),’’;

(B) by striking ‘‘and’’ the second place it ap-pears; and

(C) by inserting after ‘‘(c)(20)’’ the following:‘‘, in subsection (c)(36), in subsection (c)(37), insubsection (c)(40), and in subsection (c)(42)’’.

(3) ROUTES.—Section 1105(e)(5) of such Act isfurther amended—

(A) in subparagraph (A) by inserting ‘‘(exceptwith respect to Georgetown County)’’ before‘‘(iii)’’;

(B) by redesignating subparagraphs (B) and(C) as subparagraphs (C) and (D), respectively;

(C) by inserting after subparagraph (A) thefollowing:

‘‘(B) ROUTES.—‘‘(i) DESIGNATION.—The routes referred to in

subsections (c)(18) and (c)(20) shall be des-ignated as Interstate Route I–69. A State havingjurisdiction over any segment of routes referredto in subsections (c)(18) and (c)(20) shall erectsigns identifying such segment that is consistentwith the criteria set forth in subsections(e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate RouteI–69, including segments of United States Route59 in the State of Texas. The segment identifiedin subsection (c)(18)(B)(i) shall be designated asInterstate Route I–69 East, and the segmentidentified in subsection (c)(18)(B)(ii) shall bedesignated as Interstate Route I–69 Central. TheState of Texas shall erect signs identifying suchroutes as segments of future Interstate Route I–69.

‘‘(ii) RULEMAKING TO DETERMINE FUTUREINTERSTATE SIGN ERECTION CRITERIA.—The Sec-retary shall conduct a rulemaking to determinethe appropriate criteria for the erection of signsfor future routes on the Interstate System iden-tified in subparagraph (A). Such rulemakingshall be undertaken in consultation with Statesand local officials and shall be completed notlater than December 31, 1998.’’;

(D) by striking the last sentence of subpara-graph (A) and inserting it as the first sentenceof subparagraph (B)(i) (as inserted by subpara-graph (C) of this paragraph); and

(E) in subparagraph (D) (as redesignated bysubparagraph (B) of this paragraph), by strik-ing ‘‘(C)’’ and inserting ‘‘(D)’’.

(j) WINTER HOME HEATING OIL DELIVERY.—Section 346 of the National Highway SystemDesignation Act of 1995 (109 Stat. 615–616) isamended—

(1) in subsection (a) by striking ‘‘season in the6-month period beginning on November 1, 1996’’and inserting ‘‘seasons in the 18-month periodbeginning on November 1, 1998’’; and

(2) by adding at the end the following:‘‘(g) STUDY.—Not later than 1 year after the

completion of the pilot program, the Secretaryshall submit to Congress a report on the resultsof the program, including an assessment of anyimpact on public safety.’’.

(k) FUTURE CORRIDOR SEGMENT.—(1) STUDY.—The Secretary shall conduct a

study to determine the feasibility of providingan Interstate quality road for a route that runsin south/west direction generally along UnitedStates Route 61 and crosses the Mississippi Riverin the vicinity of Memphis, Tennessee, to High-way 79 and generally follows Highway 79 toPine Bluff, Arkansas.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) $500,000 for fis-cal year 1999 to carry out the study.

(3) APPLICABILITY OF TITLE 23, UNITED STATESCODE.—Funds authorized by this subsectionshall be available for obligation in the samemanner as if such funds were apportioned underchapter 1 of title 23, United States Code, exceptthat such funds shall remain available until ex-pended.

(l) BATON ROUGE, LOUISIANA.—(1) REDUCTION IN SCOPE OF PROJECT.—Section

149(a) of the Surface Transportation and Uni-

form Relocation Assistance Act of 1987 (101 Stat.181–198) is amended in paragraph (47)(B)—

(A) by inserting ‘‘and’’ after the semicolon atthe end of clause (i);

(B) by striking ‘‘; and’’ at the end of clause(ii) and inserting a period; and

(C) by striking clause (iii).(2) APPLICABILITY OF OBLIGATION LIMITA-

TION.—Notwithstanding any other provision oflaw, the project described in section149(a)(47)(B) of such Act shall be subject to anylimitation on obligations for Federal-aid high-way and highway safety construction programs.

(m) AMENDMENTS TO SURFACE TRANSPOR-TATION ASSISTANCE ACT OF 1982.—Section 146 ofthe Surface Transportation Assistance Act of1982 (96 Stat. 2130), relating to lane restrictions,is repealed.

(n) SUBSTITUTE PROJECT.—Section 1045 of theIntermodal Surface Transportation EfficiencyAct of 1991 (105 Stat. 1994) is amended in sub-section (a)—

(1) by striking ‘‘(a) APPROVAL OF PROJECT.—Notwithstanding’’ and inserting the following:

‘‘(a) APPROVAL OF PROJECT.—‘‘(1) Notwithstanding’’; and(2) by adding at the end the following new

paragraph:‘‘(2) Notwithstanding paragraph (1) and sub-

section (c) of this section, upon the request ofthe Governor of the State of Wisconsin, submit-ted by October 1, 2000, the Secretary shall ap-prove 1 or more substitute projects in lieu of thesubstitute project approved by the Secretaryunder paragraph (1) and subsection (c) of thissection.’’.SEC. 1212. MISCELLANEOUS.

(a) STATE TRANSPORTATION DEPARTMENT.—(1) IN GENERAL.—Section 302 of title 23, United

States Code, is amended—(A) in subsection (a) by striking the second

sentence; and(B) by striking subsection (b) and inserting

the following:‘‘(b) EFFECT OF COMPLIANCE.—Compliance

with subsection (a) shall have no effect on theeligibility of costs.’’.

(2) CHANGE IN TERM DEFINED.—(A) IN GENERAL.—Title 23, United States Code,

is amended—(i) by striking ‘‘State highway department’’

each place it appears and inserting ‘‘Statetransportation department’’; and

(ii) by striking ‘‘State highway departments’’each place it appears and inserting ‘‘Statetransportation departments’’.

(B) CONFORMING AMENDMENTS.—(i) The analysis for chapter 3 of title 23,

United States Code, is amended in the item re-lating to section 302 by striking ‘‘highway’’ andinserting ‘‘transportation’’.

(ii) Section 302 of title 23, United States Code,is amended in the section heading by striking‘‘highway’’ and inserting ‘‘transportation’’.

(iii) Section 201(b) of the Appalachian Re-gional Development Act of 1965 (40 U.S.C. App.)is amended in the second sentence by striking‘‘State highway department’’ and inserting‘‘State transportation department’’.

(iv) Section 138(c) of the Surface Transpor-tation Assistance Act of 1978 (40 U.S.C. App.(note to section 201 of the Appalachian RegionalDevelopment Act of 1965); 92 Stat. 2710) isamended in the first sentence—

(I) by striking ‘‘Federal-aid primary system’’and inserting ‘‘National Highway System’’; and

(II) by striking ‘‘State highway department’’and inserting ‘‘State transportation depart-ment’’.

(b) INFRASTRUCTURE AWARENESS PROGRAM.—(1) IN GENERAL.—The Secretary is authorized

to fund the production, in cooperation with anot-for-profit national public television stationand the National Academy of Engineering, of adocumentary about infrastructure that shalldemonstrate how public works and infrastruc-ture projects stimulate job growth and the econ-omy and contribute to the general welfare of theNation.

CONGRESSIONAL RECORD — HOUSEH3816 May 22, 1998(2) FEDERAL SHARE.—(A) IN GENERAL.—The Federal share of the

cost of production of the documentary shall be60 percent. The non-Federal share shall be pro-vided from private sources and shall includeamounts expended by such sources for the pro-duction before the date of enactment of this Act.

(B) CALCULATION.—The calculation of theFederal and non-Federal shares under thisparagraph shall be made over the term forwhich sums are authorized to be appropriatedunder paragraph (3).

(3) FUNDING.—There is authorized to be ap-propriated out of the Highway Trust Fund(other than the Mass Transit Account) to carryout this subsection $888,000 for fiscal year 1998,and $1,000,000 for each of fiscal years 1999 and2000. Such funds shall remain available until ex-pended.

(4) APPLICABILITY OF TITLE 23.—Funds au-thorized by this paragraph shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code; except that the Federalshare of the cost of any project under this sub-section and the availability of funds authorizedby this subsection shall be determined in accord-ance with this subsection.

(c) MASS TRANSPORTATION BUSES.—Section1023(h)(1) of the Intermodal Surface Transpor-tation Efficiency Act of 1991 (23 U.S.C. 127 note)is amended by striking ‘‘the date on which’’ andall that follows through ‘‘1995’’ and inserting‘‘October 1, 2003’’.

(d) VEHICLE WEIGHT LIMITATIONS.(1) IN GENERAL.—Section 127(a) of title 23,

United States Code, is amended—(A) by inserting before the next to the last

sentence the following: ‘‘With respect to theState of Colorado, vehicles designed to carry 2or more precast concrete panels shall be consid-ered a nondivisible load.’’; and

(B) by adding at the end the following: ‘‘TheState of Louisiana may allow, by special permit,the operation of vehicles with a gross vehicleweight of up to 100,000 pounds for the haulingof sugarcane during the harvest season, not toexceed 100 days annually. With respect to Inter-state Route 95 in the State of New Hampshire,State laws (including regulations) concerningvehicle weight limitations that were in effect onJanuary 1, 1987, and are applicable to Statehighways other than the Interstate System,shall be applicable in lieu of the requirements ofthis subsection. With respect to that portion ofthe Maine Turnpike designated Interstate Route95 and 495, and that portion of Interstate Route95 from the southern terminus of the MaineTurnpike to the New Hampshire State line, laws(including regulations) of the State of Maineconcerning vehicle weight limitations that werein effect on October 1, 1995, and are applicableto State highways other than the Interstate Sys-tem, shall be applicable in lieu of the require-ments of this subsection.’’.

(2) STUDIES.—(A) COLORADO.—(i) IN GENERAL.—In consultation with the Sec-

retary, the State of Colorado shall conduct astudy analyzing the economic, safety, and in-frastructure impacts of the exemption providedby the amendment made by paragraph (1)(A),including the impact of not having such an ex-emption. In preparing the study, the State shallprovide adequate opportunity for public com-ment.

(ii) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) $200,000 for fis-cal year 1999 to carry out the study.

(B) LOUISIANA.—(i) IN GENERAL.—In consultation with the Sec-

retary, the State of Louisiana shall conduct astudy analyzing the economic, safety, and in-frastructure impacts of the exemption providedby the amendment made by paragraph (1)(B),including the impact of not having such an ex-emption. In preparing the study, the State shall

provide adequate opportunity for public com-ment.

(ii) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) $200,000 for fis-cal year 1999 to carry out the study.

(C) MAINE.—(i) IN GENERAL.—In consultation with the Sec-

retary, the State of Maine shall conduct a studyanalyzing the economic, safety, and infrastruc-ture impacts of the exemption provided by theamendment made by paragraph (1)(B), includ-ing the impact of not having such an exemption.In preparing the study, the State shall provideadequate opportunity for public comment.

(ii) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) $200,000 for fis-cal year 1999 to carry out the study.

(D) NEW HAMPSHIRE.—(i) IN GENERAL.—In consultation with the Sec-

retary, the State of New Hampshire shall con-duct a study analyzing the economic, safety,and infrastructure impacts of the exemptionprovided by the amendment made by paragraph(1)(B), including the impact of not having suchan exemption. In preparing the study, the Stateshall provide adequate opportunity for publiccomment.

(ii) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) $200,000 for fis-cal year 1999 to carry out the study.

(E) APPLICABILITY OF TITLE 23, UNITED STATESCODE.—Funds authorized by this paragraphshall be available for obligation in the samemanner as if such funds were apportioned underchapter 1 of title 23, United States Code; exceptthat such funds shall remain available until ex-pended.

(k) DRIVER TRAINING AND SAFETY CENTER.—(1) IN GENERAL.—The Secretary shall make

grants to establish a driver training and safetycenter at Connellsville, Pennsylvania.

(2) PURPOSE.—The purpose of the facilityshall be to train and enhance the driving skillsof motor vehicle and emergency vehicle opera-tors.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this section$2,500,000 for each of fiscal years 1999 through2001.

(4) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code; except that the funds shallremain available until expended.

(l) OHIO RIVER WELCOME CENTER.—(1) IN GENERAL.—The Secretary shall make

grants to establish a welcome center in PointPleasant, West Virginia.

(2) ACCESS.—The center shall be accessible bymotor vehicle, bicycle, pedestrian walkway, andriver transportation.

(3) FACILITIES.—The center shall include acomfort station, picnic and sitting plaza, a smallamphitheater, a deep river port, a marina, anda walking trail.

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this section$412,900 for fiscal year 1999, $1,362,500 for fiscalyear 2000, and $699,500 for fiscal year 2001.

(5) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code, except that the Federalshare of the cost of activities carried out usingthe funds shall be 50 percent and the fundsshall remain available until expended.

(m) PROJECT FLEXIBILITY FOR MINNESOTA.—Notwithstanding any other provision of law,funds allocated for a project in the State of

Minnesota under section 117 of title 23, UnitedStates Code, may be obligated for any otherproject in the State for which funds are so allo-cated; except that the total amount of funds au-thorized for any project for which funds are soallocated shall not be reduced.

(n) BALTIMORE WASHINGTON PARKWAY.—Not-withstanding any other provision of law, theFederal share of the cost of a project for whichfunds are allocated under section 117 of title 23,United States Code, for renovation and con-struction of the Baltimore Washington Parkwayin Prince Georges County, Maryland, shall be100 percent.

(o) BICYCLE AND PEDESTRIAN SAFETYGRANTS.—

(1) IN GENERAL.—The Secretary shall makegrants to a national, not-for-profit organizationengaged in promoting bicycle and pedestriansafety—

(A) to operate a national bicycle and pedes-trian clearinghouse;

(B) to develop information and educationalprograms; and

(C) to disseminate techniques and strategiesfor improving bicycle and pedestrian safety.

(D) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this subsection$500,000 for each of fiscal years 1998 through2003.

(E) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code, except that the funds shallremain available until expended.

(p) HEAVY EQUIPMENT OPERATOR TRAININGFACILITY.—

(1) ESTABLISHMENT.—The Secretary shall es-tablish a heavy equipment operator training fa-cility in Hibbing, Minnesota. The purpose of thefacility shall be to develop an appropriate cur-riculum for training, and to train operators andfuture operators of heavy equipment in the safeuse of such equipment.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) $500,000 for each of fiscalyears 1998 and 1999 to carry out this subsection.

(3) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif such funds were apportioned under chapter 1of title 23, United States Code; except that theFederal share of the cost of establishment of thefacility under this subsection shall be 80 percentand such funds shall remain available until ex-pended.

(q) MOTOR CARRIER OPERATOR VEHICLE ANDTRAINING FACILITY.—

(1) ESTABLISHMENT.—The Secretary shallmake grants to the State of Pennsylvania to es-tablish and operate an advanced tractor trailersafety and operator training facility in Cham-bersburg, Pennsylvania. The purpose of the fa-cility shall be to develop and coordinate an ad-vance curriculum for the training of operatorsand future operators of tractor trailers. The fa-cility shall conduct training on the test track atLetterkenny Army Depot and the unused seg-ment of the Pennsylvania Turnpike located inBedford County, Pennsylvania. The facilityshall be operated by a not-for-profit entity and,when Federal assistance is no longer being pro-vided with respect to the facility, shall be pri-vately operated.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) $500,000 for each of fiscalyears 1998 through 2003 to carry out this sub-section.

(3) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner as

CONGRESSIONAL RECORD — HOUSE H3817May 22, 1998if such funds were apportioned under chapter 1of title 23, United States Code, except that suchfunds shall remain available until expended andthe Federal share of the cost of establishmentand operation of the facility under this sub-section shall be 80 percent.

(r) HIGH PRIORITY LAS VEGAS INTERMODALCENTER.—

(1) IN GENERAL.—The Secretary shall provide$2,000,000 for fiscal year 1999 and $2,500,000 forfiscal year 2000 for the High Priority Las VegasIntermodal Center in Las Vegas, Nevada.

(2) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(s) SEISMIC DESIGN.—(1) IN GENERAL.—The Secretary shall pro-

vide—(A) $8,000,000 for fiscal year 1999 for seismic

design and engineering of the Mississippi/Ar-kansas Great River Bridge;

(B) $8,000,000 for fiscal year 1999 to the Stateof Missouri for seismic design and deployment;and

(C) $7,000,000 for fiscal year 1999 to the Stateof Arkansas for seismic design and deployment.

(2) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(t) BILOXI HARBOR, MISSISSIPPI.—The portionof the project for navigation, Biloxi Harbor,Mississippi, authorized by the River and HarborAct of 1960 (74 Stat. 481), for the Bernard BayouChannel beginning near the Air Force Oil Ter-minal at approximately navigation mile 2.6 andextending downstream to the North-South 1⁄2 ofSection 30, Township 7 South, Range 10 West,Harrison County, Mississippi, just west ofKremer Boat Yards, is not authorized after thedate of enactment of this Act.

(u) CLARIFICATION.—Notwithstanding anyother provision of law, the State of Pennsyl-vania is authorized to proceed with engineering,final design, and construction of Corridor O ofthe Appalachian development highway systembetween Bald Eagle and Interstate Route 80. Allrecords of decision relating to Corridor O issuedprior to the date of enactment of this Act shallremain in effect.

(v) LIMITATION ON STATUTORY CONSTRUC-TION.—Nothing in this Act shall be construed toprevent the operation of motorized vehicles totransport boats across the portages between theMoose Lake Chain and Basswood Lake, Min-nesota, and between Vermilion Lake and TroutLake, Minnesota.

(w) MISCELLANEOUS PROJECTS.—(1) REPLACEMENT OF ROSLYN VIADUCT.—(A) PROJECT.—The Secretary is authorized to

carry out a project for replacement of a segmentof the Roslyn elevated highway (NY25A) onLong Island, New York.

(B) AUTHORIZATION.—There is authorized tobe appropriated to carry out this paragraph$51,000,000 for fiscal years beginning after Sep-tember 30, 1998. Such sums shall remain avail-able until expended.

(2) DESIGN AND ENGINEERING FOR MILLERHIGHWAY.—

(A) PROJECT.—The Secretary is authorized tocarry out a project for design and engineering ofthe Miller Highway on the west side of Manhat-tan, New York.

(B) AUTHORIZATION.—There is authorized tobe appropriated to carry out this paragraph$15,000,000 for fiscal years beginning after Sep-tember 30, 1998. Such sums shall remain avail-able until expended.

(3) WILLIAMSVILLE TOLL BARRIER.—(A) PROJECT.—The Secretary is authorized to

carry out a project to relocate a toll barrier com-plex to relieve traffic congestion in the Buffalo,New York, area.

(B) AUTHORIZATION.—There is authorized tobe appropriated to carry out this paragraph

$20,000,000 for fiscal years beginning after Sep-tember 30, 1998. Such sums shall remain avail-able until expended.

(x) ST. GEORGES, DELAWARE.—The Secretaryof the Army shall transfer all right, title, andinterest of the United States in the highwaybridge on United States Route 13 in the vicinityof St. Georges, Delaware, to the State of Dela-ware if the transfer is necessary to facilitate re-transfer to a private entity for the purpose ofdemonstrating the effectiveness and efficiency ofthe use of large-scale composites technology forbridge rehabilitation. In evaluating the level ofservice for all Federal crossings over the Chesa-peake and Delaware Canal in Delaware, thetotal vehicle trips per day on this transferredbridge shall be attributed to the remaining Fed-eral crossing at St. Georges, Delaware (the SR1Bridge). If the transfer is completed within 180days after the date of enactment of this Act, theSecretary shall provide $10,000,000 to the Statefor the State to use in rehabilitating the bridge.

(y) MOUNT PARAN INTERCHANGE PROJECT FORINTERSTATE ROUTE 75.—Notwithstanding anyother provision of law, none of the funds madeavailable under this Act or title 23, UnitedStates Code, shall be used to carry out a projectto construct or improve the Mount Paran inter-change on Interstate Route 75 in Georgia unlessthe Atlanta Regional Commission approves theproject after the date of enactment of this Act.

(z) NITTANY PARKWAY.—The Secretary shalldesignate 31 miles of Pennsylvania State Route26 between Huntingdon, Pennsylvania, andState College, Pennsylvania, as the NittanyParkway.SEC. 1213. STUDIES AND REPORTS.

(a) HIGHWAY ECONOMIC REQUIREMENT SYS-TEM.—

(1) METHODOLOGY.—(A) EVALUATION.—The Comptroller General of

the United States shall conduct an evaluation ofthe methodology used by the Department ofTransportation to determine highway needsusing the highway economic requirement system(in this subsection referred to as the ‘‘model’’).

(B) REQUIRED ELEMENT.—The evaluationshall include an assessment of the extent towhich the model estimates an optimal level ofhighway infrastructure investment, includingan assessment as to when the model may beoverestimating or underestimating investmentrequirements.

(C) REPORT TO CONGRESS.—Not later than 2years after the date of enactment of this Act,the Comptroller General shall submit to Con-gress a report on the results of the evaluation.

(2) STATE INVESTMENT PLANS.—(A) STUDY.—In consultation with State trans-

portation departments and other appropriateState and local officials, the Comptroller Gen-eral of the United States shall conduct a studyon the extent to which the model can be used toprovide States with useful information for devel-oping State transportation investment plans andState infrastructure investment projections.

(B) REQUIRED ELEMENTS.—The study shall—(i) identify any additional data that may need

to be collected beyond the data submitted, beforethe date of enactment of this Act, to the FederalHighway Administration through the highwayperformance monitoring system; and

(ii) identify what additional work, if any,would be required of the Federal Highway Ad-ministration and the States to make the modeluseful at the State level.

(C) REPORT TO CONGRESS.—Not later than 3years after the date of enactment of this Act,the Comptroller General shall submit to Con-gress a report on the results of the study.

(b) INTERNATIONAL ROUGHNESS INDEX.—(1) STUDY.—The Comptroller General of the

United States shall conduct a study on theinternational roughness index that is used as anindicator of pavement quality on the Federal-aid highway system.

(2) REQUIRED ELEMENTS.—The study shallspecify the extent of usage of the index and the

extent to which the international roughnessindex measurement is reliable across differentmanufacturers and types of pavement.

(3) REPORT TO CONGRESS.—Not later than 2years after the date of enactment of this Act,the Comptroller General shall submit to Con-gress a report on the results of the study.

(c) USE OF UNIFORMED POLICE OFFICERS ONFEDERAL-AID HIGHWAY CONSTRUCTIONPROJECTS.—

(1) STUDY.—In consultation with the States,State transportation departments, and law en-forcement organizations, the Secretary shallconduct a study on the extent and effectivenessof use by States of uniformed police officers onFederal-aid highway construction projects.

(2) REPORT.—Not later than 2 years after thedate of enactment of this Act, the Secretaryshall submit to Congress a report on the resultsof the study, including any legislative and ad-ministrative recommendations of the Secretary.

(d) SOUTHWEST BORDER TRANSPORTATION IN-FRASTRUCTURE.—

(1) ASSESSMENT.—The Secretary shall conducta comprehensive assessment of the state of thetransportation infrastructure on the southwestborder between the United States and Mexico(in this subsection referred to as the ‘‘border’’).

(2) CONSULTATION.—In carrying out the as-sessment, the Secretary shall consult with—

(A) the Secretary of State;(B) the Attorney General;(C) the Secretary of the Treasury;(D) the Commandant of the Coast Guard;(E) the Administrator of General Services;(F) the American Commissioner on the Inter-

national Boundary Commission, United Statesand Mexico;

(G) State agencies responsible for transpor-tation and law enforcement in border States;and

(H) municipal governments and transpor-tation authorities in sister cities in the borderarea.

(3) REQUIREMENTS.—In carrying out the as-sessment, the Secretary shall—

(A) assess the flow of commercial and privatetraffic through designated ports of entry on theborder;

(B) assess the adequacy of transportation in-frastructure in the border area, including high-ways, bridges, railway lines, and border inspec-tion facilities;

(C) assess the adequacy of law enforcementand narcotics abatement activities in the borderarea, as the activities relate to commercial andprivate traffic and infrastructure;

(D) assess future demands on transportationinfrastructure in the border area; and

(E) make recommendations to facilitate legiti-mate cross-border traffic in the border area,while maintaining the integrity of the border.

(4) REPORT.—Not later than 1 year after thedate of enactment of this Act, the Secretaryshall submit to Congress a report on the assess-ment conducted under this subsection, includingany related legislative and administrative rec-ommendations.

(e) STUDY OF PROCUREMENT PRACTICES ANDPROJECT DELIVERY.—

(1) STUDY.—The Comptroller General shallconduct a study to assess the impact that a util-ity company’s failure to relocate its facilities ina timely manner has on the delivery and cost ofFederal-aid highway and bridge projects. Thestudy shall also assess the following:

(A) Methods States use to mitigate suchdelays, including the use of the courts to compelcooperation.

(B) The prevalence and use of incentives toutility companies for early completion of utilityrelocations on Federal-aid transportationproject sites and, conversely, penalties assessedon utility companies for utility relocation delayson such projects.

(C) The extent to which States have usedavailable technologies, such as subsurface util-ity engineering, early in the design of Federal-

CONGRESSIONAL RECORD — HOUSEH3818 May 22, 1998aid highway and bridge projects so as to elimi-nate or reduce the need for or delays due to util-ity relocations.

(D) Whether individual States compensatetransportation contractors for business costs in-curred by the contractors when Federal-aidhighway and bridge projects under contract tothem are delayed by utility-company-causeddelays in utility relocations and any methodsused by States in making any such compensa-tion.

(2) REPORT.—Not later than 1 year after thedate of enactment of this Act, the ComptrollerGeneral shall transmit to Congress a report onthe results of the study with any recommenda-tions the Comptroller General determines appro-priate as a result of the study.

(f) SPECIALIZED HAULING VEHICLES.—(1) STUDY.—The Secretary shall conduct a

study to examine the impact of the truck weightstandards on specialized hauling vehicles. Thestudy shall include, at a minimum, an analysisof the economic, safety, and infrastructure im-pacts of the standards.

(2) REPORT.—Not later than 2 years after thedate of enactment of this Act, the Secretaryshall transmit to Congress a report on the re-sults of the study with any recommendationsthe Secretary determines appropriate as a resultof the study.

(g) STUDY OF STATE PRACTICES ON SPECIFICSERVICE SIGNING.—

(1) STUDY.—The Secretary shall conduct astudy to determine the practices in the States forspecific service food signs described in sections2G–5.7 and 2G–5.8 of the Manual on UniformTraffic Control Devices for Streets and High-ways. The study shall examine, at a minimum—

(A) the practices of all States for determiningbusinesses eligible for inclusion on such signs;

(B) whether States allow businesses to be re-moved from such signs and the circumstancesfor such removal;

(C) the practices of all States for erecting andmaintaining such signs, including the time re-quired for erecting such signs; and

(D) whether States contract out the erectionand maintenance of such signs.

(2) REPORT.—Not later than 1 year after thedate of enactment of this Act, the Secretaryshall transmit to Congress a report on the re-sults of the study, including any recommenda-tions and, if appropriate modifications to theManual.

(h) VEHICLE WEIGHT ENFORCEMENT.—(1) STUDY.—The Secretary shall conduct a

study of State laws (including regulations) re-lating to penalties for violation of State commer-cial motor vehicle weight laws.

(2) PURPOSE.—The purpose of the study shallbe to determine the effectiveness of State pen-alties as a deterrent to illegally overweighttrucking operations. The study shall evaluatefine structures, innovative roadside enforcementtechniques, and a State’s ability to penalizeshippers and carriers as well as drivers andshall examine the effectiveness of administrativeand judicial procedures utilized to enforce vehi-cle weight laws.

(3) REPORT.—Not later than 2 years after thedate of enactment of this Act, the Secretaryshall transmit to Congress a report on the re-sults of the study with any legislative rec-ommendations of the Secretary.

(i) COMMERCIAL MOTOR VEHICLE STUDY.—(1) IN GENERAL.—The Secretary shall request

the Transportation Research Board of the Na-tional Academy of Sciences to conduct a studyregarding the regulation of weights, lengths,and widths of commercial motor vehicles operat-ing on Federal-aid highways to which Federalregulations apply on the date of enactment ofthis Act. In conducting the study, the Boardshall review law, regulations, studies (includingTransportation Research Board Special Report225), and practices and develop recommenda-tions regarding any revisions to law and regula-tions that the Board determines appropriate.

(2) FACTORS TO CONSIDER AND EVALUATE.—Indeveloping recommendations under paragraph(1), the Board shall consider and evaluate theimpact of the recommendations described inparagraph (1) on the economy, the environment,safety, and service to communities.

(3) CONSULTATION.—In carrying out thestudy, the Board shall consult with the Depart-ment of Transportation, States, the motor car-rier industry, freight shippers, highway safetygroups, air quality and natural resource man-agement groups, commercial motor vehicle driverrepresentatives, and other appropriate entities.

(4) REPORT.—Not later than 2 years after thedate of enactment of this Act, the Board shalltransmit to Congress and the Secretary a reporton the results of the study conducted under thissubsection.

(5) RECOMMENDATIONS.—Not later than 180days after the date of receipt of the report underparagraph (4), the Secretary may transmit toCongress a report containing comments or rec-ommendations of the Secretary regarding theBoard’s report.

(6) FUNDING.—There is authorized to be ap-propriated out of the Highway Trust Fund(other than the Mass Transit Account) $250,000for each of fiscal years 1999 and 2000 to carryout this subsection.

(7) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif such funds were apportioned under chapter 1of title 23, United States Code; except that theFederal share of the cost of the study under thissubsection shall be 100 percent and such fundsshall remain available until expended.

(j) TRAFFIC ANALYSIS.—(1) IN GENERAL.—The Secretary shall enter

into an agreement with the State of Oklahomato carry out a traffic analysis to determine thefeasibility of a trade processing center inMcClain County, Oklahoma.

(2) AUTHORIZATION.—There is authorized to beappropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this subsection $1,000,000 for fiscal year1999.

(3) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(k) STUDY OF INTERSTATE HIGH SPEEDGROUND TRANSPORTATION.—

(1) STUDY.—The Secretary shall conduct astudy to assess the feasibility of providing highspeed rail passenger service from At-lanta,Georgia, to Charleston, South Carolina.The study shall also assess the potential impactof rail service on the tourism industry.

(2) REPORT.—Not later than 2 years after thedate of enactment of this Act, the Secretaryshall transmit to the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives and to the Committee on Environ-ment and Public Works of the Senate a reporton the results of the study, together with anyrecommendations the Secretary determines ap-propriate as a result of the study.SEC. 1214. FEDERAL ACTIVITIES.

(a) ACCESS TO JOHN F. KENNEDY CENTER FORTHE PERFORMING ARTS.—

(1) STUDY.—The Secretary, in cooperationwith the District of Columbia, the John F. Ken-nedy Center for the Performing Arts, and theDepartment of the Interior and in consultationwith other interested persons, shall conduct astudy of methods to improve pedestrian and ve-hicular access to the John F. Kennedy Centerfor the Performing Arts.

(2) REPORT.—Not later than September 30,1999, the Secretary shall transmit to the Commit-tee on Transportation and Infrastructure of theHouse of Representatives and the Committee onEnvironment and Public Works of the Senate areport containing the results of the study with

an assessment of the impacts (including envi-ronmental, aesthetic, economic, and historicalimpacts) associated with the implementation ofeach of the methods examined under the study.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this subsection$500,000 for fiscal year 1998.

(4) APPLICABILITY OF TITLE 23, UNITED STATESCODE.—Funds authorized by this subsectionshall be available for obligation in the samemanner as if such funds were apportioned underchapter 1 of title 23, United States Code; exceptthat the Federal share of the cost of activitiesconducted using such funds shall be 100 percentand such funds shall remain available until ex-pended.

(b) SMITHSONIAN INSTITUTION TRANSPOR-TATION PROGRAM.—

(1) IN GENERAL.—The Secretary shall allocateamounts made available by this subsection forobligation at the discretion of the Secretary ofthe Smithsonian Institution, in consultationwith the Secretary, to carry out projects and ac-tivities described in paragraph (2).

(2) ELIGIBLE USES.—Amounts allocated underparagraph (1) may be obligated only—

(A) for transportation-related exhibitions, ex-hibits, and educational outreach programs;

(B) to enhance the care and protection of theNation’s collection of transportation-related ar-tifacts;

(C) to acquire historically significant trans-portation-related artifacts; and

(D) to support research programs within theSmithsonian Institution that document the his-tory and evolution of transportation, in co-operation with other museums in the UnitedStates.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) $1,000,000 for each of fiscalyears 1998 through 2003 to carry out this sub-section.

(4) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code; except that the Federalshare of the cost of any project or activity underthis subsection shall be 100 percent and suchfunds shall remain available until expended.

(c) NEW RIVER VISITOR CENTER.—(1) IN GENERAL.—The Secretary shall allocate

to the Secretary of the Interior amounts madeavailable by this subsection for the planning,design, and construction of a visitor center, andsuch other related facilities as may be nec-essary, to facilitate visitor understanding andenjoyment of the scenic, historic, cultural, andrecreational resources of the New River GorgeNational River in the State of West Virginia.The center and related facilities shall be locatedat a site for which title is held by the UnitedStates in the vicinity of the I–64 Sandstoneintersection.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this subsection$1,300,000 for fiscal year 1998, $1,200,000 for fis-cal year 1999, and $9,900,000 for fiscal year 2000.

(3) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code; except that such funds shallremain available until expended.

(d) ADDITIONAL AUTHORIZATION OF CONTRACTAUTHORITY FOR STATES WITH INDIAN RESERVA-TIONS.—

(1) AVAILABILITY TO STATES.—Not later thanOctober 1 of each fiscal year, funds made avail-able under paragraph (5) for the fiscal yearshall be made available by the Secretary, inequal amounts, to each State that has within

CONGRESSIONAL RECORD — HOUSE H3819May 22, 1998the boundaries of the State all or part of an In-dian reservation having a land area of10,000,000 acres or more.

(2) AVAILABILITY TO ELIGIBLE COUNTIES.—(A) IN GENERAL.—Each fiscal year, each coun-

ty that is located in a State to which funds aremade available under paragraph (1), and thathas in the county a public road described insubparagraph (B), shall be eligible to apply tothe State for all or a portion of the funds madeavailable to the State under this subsection to beused by the county to maintain such roads.

(B) ROADS.—A public road referred to in sub-paragraph (A) is a public road that—

(i) is within, adjacent to, or provides access toan Indian reservation described in paragraph(1);

(ii) is used by a school bus to transport chil-dren to or from a school or Headstart programcarried out under the Head Start Act (42 U.S.C.9831 et seq.); and

(iii) is maintained by the county in which thepublic road is located.

(C) ALLOCATION AMONG ELIGIBLE COUNTIES.—(i) IN GENERAL.—Except as provided in clause

(ii), each State that receives funds under para-graph (1) shall provide directly to each countythat applies for funds the amount that thecounty requests in the application.

(ii) ALLOCATION AMONG ELIGIBLE COUNTIES.—If the total amount of funds applied for underthis subsection by eligible counties in a State ex-ceeds the amount of funds available to theState, the State shall equitably allocate thefunds among the eligible counties that apply forfunds.

(3) SUPPLEMENTARY FUNDING.—For each fiscalyear, the Secretary shall ensure that fundingmade available under this subsection supple-ments (and does not supplant)—

(A) any obligation of funds by the Bureau ofIndian Affairs for road maintenance programson Indian reservations; and

(B) any funding provided by a State to acounty for road maintenance programs in thecounty.

(4) USE OF UNALLOCATED FUNDS.—Any portionof the funds made available to a State underthis subsection that is not made available tocounties within 1 year after the funds are madeavailable to the State shall be apportionedamong the States in accordance with section104(b) of title 23, United States Code.

(5) FUNDING.—(A) IN GENERAL.—There is authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this subsection $1,500,000 for each of fiscalyears 1998 through 2003.

(B) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(e) NATIONAL DEFENSE HIGHWAYS OUTSIDETHE UNITED STATES.—

(1) RECONSTRUCTION PROJECTS.—If the Sec-retary determines, after consultation with theSecretary of Defense, that a highway, or a por-tion of a highway, located outside the UnitedStates is important to the national defense, theSecretary may carry out a project for recon-struction of the highway or portion of highway.

(2) FUNDING.—(A) IN GENERAL.—For each of fiscal years 1998

through 2002, the Secretary may set aside not toexceed $18,800,000 from amounts to be appor-tioned under section 104(b)(4) of title 23, UnitedStates Code, to carry out this section.

(B) AVAILABILITY.—Funds made availableunder subparagraph (1) shall remain availableuntil expended.

(f) SACHUEST POINT NATIONAL WILDLIFE REF-UGE.—

(1) IN GENERAL.—The Secretary shall provide$200,000 for fiscal year 1999 to the United StateFish and Wildlife Service to resurface the en-trance road to Sachuest Point National WildlifeRefuge.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $200,000 for fiscal year 1999.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(g) RUNWAY REMOVAL AT NINIGRET NATIONALWILDLIFE REFUGE.—

(1) IN GENERAL.—The Secretary shall provide$300,000 for fiscal year 1999 to the United StatesFish and Wildlife Service to remove asphalt run-ways at Ninigret National Wildlife Refuge and$500,000,000 shall be available to the State ofRhode Island for Improvements to the T.F.Green Intermodal Facility in Rhode Island foreach of fiscal years 1999 through 2003.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $5,300,000 for fiscal year 1999 and$5,000,000 for each of fiscal years 2000 through2003.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(h) MIDDLETOWN VISITOR CENTER.—(1) IN GENERAL.—The Secretary shall provide

$500,000 for fiscal year 1999 to the United StatesFish and Wildlife Service for the Middletownvisitor center at Sachuest Point National Wild-life Refuge.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $500,000 for fiscal year 1999.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(i) ENTRANCE PAVING AT NINIGRET NATIONALWILDLIFE REFUGE.—

(1) IN GENERAL.—The Secretary shall provide$750,000 for fiscal year 1999 to the United StatesFish and Wildlife Service to pave the entranceroad to the Ninigret National Wildlife Refuge.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $750,000 for fiscal year 1999.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(j) EDUCATION CENTER.—(1) IN GENERAL.—The Secretary shall provide

$1,000,000 for each of fiscal years 1999 through2003 to the United States Fish and Wildlife Serv-ice for the education visitor center at the RhodeIsland National Wildlife Refuge complex.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $1,000,000 for each of fiscal years1999 through 2003.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(k) RICHMOND NATIONAL BATTLEFIELDPARK.—

(1) IN GENERAL.—The Secretary shall provide$1,000,000 for fiscal year 1999 to the NationalPark Service to revitalize the Tredegar IronWorks to serve as a visitor center for RichmondNational Battlefield Park.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $1,000,000 for fiscal year 1999.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-

tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(l) ACCESS TO CORPS OF ENGINEERS.—(1) IN GENERAL.—The Secretary shall provide

$800,000 for each of fiscal years 1999 through2003 to the Corps of Engineers to be made avail-able to the State of Missouri for resurfacing andmaintenance of city and county roads that pro-vide access to Corps of Engineers reservoirs.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $800,000 for each of fiscal years1999 2003.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(m) CIVIL WAR BATTLEFIELD PLAN.—(1) IN GENERAL.—The Secretary shall provide

$250,000 for each of fiscal years 1999 and 2000 tothe Department of the Interior to be made avail-able to the Shenandoah Valley Battlefield Na-tional Historic District Commission for develop-ing a plan for the interpretation and protectionof 10 Civil War battlefields in the ShenandoahValley.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis subsection $250,000 for each of fiscal years1999 and 2000.

(3) CONTRACT AUTHORITY.—Funds authorizedby this subsection shall be available for obliga-tion in the same manner as if the funds were ap-portioned under chapter 1 of title 23, UnitedStates Code.

(n) DOT HEADQUARTERS FACILITY.—Beforetaking any action that leads to Governmentownership of the Department of Transportationheadquarters facility, through construction orpurchase, the Administrator of General Servicesshall first seek approval of the Committee onEnvironment and Public Works of the Senateand the Committee on Transportation and In-frastructure of the House of Representatives.

(o) FORT PECK, MONTANA.—(1) FORT PECK, MONTANA, VISITORS CENTER.—

The Secretary shall provide funds for the envi-ronmental review, planning, design, and con-struction of a historical and cultural visitorscenter and museum at Fort Peck, Montana.

(2) FUNDING.—There is authorized to be ap-propriated from the Highway Trust Fund (otherthan the Mass Transit Account) $3,000,000 foreach of fiscal years 1999 and 2000.

(3) APPLICABILITY OF TITLE 23, UNITED STATESCODE.—Funds authorized by this subsectionshall be available for obligation in the samemanner as if such funds were apportioned underchapter 1 of title 23, United States Code; exceptthat such funds shall remain available until ex-pended.

(p) BRIDGES ON NATCHEZ TRACE PARKWAY,MISSISSIPPI.—

(1) IN GENERAL.—The Secretary shall allocateto the State of Mississippi amounts available bythis subsection to be used for replacement andwidening of the box bridges on the NatchezTrace Parkway at Old Canton Road and at RiceRoad in Madison County, Mississippi.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this subsection$5,000,000 for fiscal year 1999.

(3) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if the fundswere apportioned under chapter 1 of title 23,United States Code, except that the funds shallremain available until expended.

(q) LOLO PASS VISITOR CENTER.—(1) GRANTS.—The Secretary shall make grants

for the Lolo Pass Visitor Center in the State ofIdaho.

CONGRESSIONAL RECORD — HOUSEH3820 May 22, 1998(2) AUTHORIZATION OF APPROPRIATIONS.—

There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this subsection$2,943,000 for fiscal year 1999.

(3) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if the fundswere apportioned under chapter 1 of title 23,United States Code, except that the funds shallremain available until expended.

(r) PUERTO RICO HIGHWAY PROGRAM.—(1) IN GENERAL.—The Secretary shall allocate

funds authorized by section 1101(a)(15) for eachof fiscal years 1998 through 2003 to the Common-wealth of Puerto Rico to carry out a highwayprogram in such Commonwealth.

(2) APPLICABILITY OF TITLE 23.—Amountsmade available by section 1101(a)(15) of this Actshall be available for obligation in the samemanner as if such funds were apportioned underchapter 1 of title 23, United States Code. Suchamounts shall be subject to any limitation onobligations for Federal-aid highway and high-way safety construction programs.SEC. 1215. DESIGNATED TRANSPORTATION EN-

HANCEMENT ACTIVITIES.(a) GETTYSBURG, PENNSYLVANIA.—(1) RESTORATION OF TRAIN STATION.—The Sec-

retary shall allocate amounts made available bythis subsection for the restoration of the Gettys-burg, Pennsylvania, train station.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) $400,000 for each of fiscalyears 1998 and 1999 to carry out this subsection.

(3) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif such funds were apportioned under chapter 1of title 23, United States Code; except that theFederal share of the cost of restoration of thetrain station under this subsection shall be 80percent and such funds shall remain availableuntil expended.

(b) CENTER.—(1) ESTABLISHMENT.—The Secretary shall allo-

cate funds made available to carry out this sub-section to establish a center for national scenicbyways in Duluth, Minnesota, to provide tech-nical communications and network support fornationally designated scenic byway routes inaccordance with paragraph (2).

(2) COMMUNICATIONS SYSTEMS.—The center fornational scenic byways shall develop and imple-ment communications systems for the support ofthe national scenic byways program. Such com-munications systems shall provide local officialsand planning groups associated with designatedNational Scenic Byways or All-American Roadswith proactive, technical, and customized assist-ance through the latest technology that allowsscenic byway officials to develop and sustaintheir National Scenic Byways or All-AmericanRoads.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out ofthe Highway Trust Fund (other than the MassTransit Account) to carry out this subsection$1,500,000 for each of fiscal years 1998 through2003.

(4) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code; except that the Federalshare of the cost of any project under this sub-section shall be 100 percent and such funds shallremain available until expended.

(c) COAL HERITAGE TRAIL.—(1) IN GENERAL.—The Secretary shall make

grants to the State of West Virginia for the CoalHeritage Scenic Byway for the purposes setforth in section 204(h) of title 23, United StatesCode.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of

the Highway Trust Fund (other than the MassTransit Account) to carry out this section$2,000,000 for each of fiscal years 1999 through2001.

(3) APPLICABILITY OF TITLE 23.—Funds au-thorized by this subsection shall be available forobligation in the same manner as if such fundswere apportioned under chapter 1 of title 23,United States Code, except that the funds shallremain available until expended.

(d) TRAFFIC CALMING MEASURES.—(1) IN GENERAL.—The Secretary shall provide

$5,000,000 for fiscal year 1999 and $2,000,000 foreach of fiscal years 2000 through 2003 to imple-ment traffic calming measures in Fauquier andLoudoun Counties, Virginia.

(2) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(e) PEDESTRIAN BRIDGE.—(1) IN GENERAL.—The Secretary shall provide

$1,000,000 for fiscal year 1999 for a pedestrianbridge over United States Route 29 at EmmetStreet in Charlottesville, Virginia.

(2) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(f) INTERPRETIVE CENTER.—(1) IN GENERAL.—The Secretary shall provide

$600,000 for fiscal year 1999 for construction ofthe Virginia Blue Ridge Parkway interpretivecenter located on the Roanoke River Gorge inVirginia.

(2) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(g) CHAIN OF ROCKS BRIDGE.—(1) IN GENERAL.—The Secretary shall provide

$2,000,000 for fiscal year 1999 for the renovationand preservation of the Missouri Route 66 Chainof Rocks Bridge.

(2) APPLICABILITY OF TITLE 23.—Funds madeavailable to carry out this subsection shall beavailable for obligation in the same manner asif the funds were apportioned under chapter 1of title 23, United States Code.

(h) NOISE BARRIERS, DEKALB COUNTY, GEOR-GIA.—Notwithstanding any other provision oflaw, the Secretary shall approve the construc-tion of Type II noise barriers beginning on thewest side of Interstate Route 285 extending fromNorthlake Parkway to Henderson Mill Road inDekalb County, Georgia, from funds appor-tioned under sections 104(b)(1) and 104(b)(3) oftitle 23, United States Code.SEC. 1216. INNOVATIVE SURFACE TRANSPOR-

TATION FINANCING METHODS.(a) VALUE PRICING PILOT PROGRAM.—(1) IN GENERAL.—Section 1012(b) of the Inter-

modal Surface Transportation Efficiency Act of1991 (23 U.S.C. 149 note; 105 Stat. 1938) isamended—

(A) in the subsection heading by striking‘‘CONGESTION’’ and inserting ‘‘VALUE’’;

(B) in paragraph (1)—(i) by striking ‘‘congestion’’ each place it ap-

pears and inserting ‘‘value’’; and(ii) by striking ‘‘projects’’ each place it ap-

pears and inserting ‘‘programs’’; and(C) in paragraph (5)—(i) by striking ‘‘projects’’ and inserting ‘‘pro-

grams’’; and(ii) by striking ‘‘traffic, volume’’ and inserting

‘‘traffic volume’’.(2) INCREASED NUMBER OF PROJECTS.—Section

1012(b)(1) of such Act is amended in the secondsentence by striking ‘‘5’’ and inserting ‘‘15’’.

(3) ELIGIBILITY OF PREIMPLEMENTATIONCOSTS.— Section 1012(b)(2) of such Act is amend-ed in the second sentence—

(A) by inserting after ‘‘Secretary shall fund’’the following: ‘‘all preimplementation costs andproject design, and’’; and

(B) by inserting after ‘‘Secretary may notfund’’ the following: ‘‘the preimplementation orimplementation costs of’’.

(4) TOLLING.—Section 1012(b)(4) of such Act isamended by striking ‘‘a pilot program under thissection, but not on more than 3 of such pro-grams’’ and inserting ‘‘any value pricing pilotprogram under this subsection’’.

(5) HOV PASSENGER REQUIREMENTS.—Section1012(b) of such Act is amended by striking para-graph (6) and inserting the following:

‘‘(6) HOV PASSENGER REQUIREMENTS.—Not-withstanding section 146(c) of title 23, UnitedStates Code, a State may permit vehicles withfewer than 2 occupants to operate in high occu-pancy vehicle lanes if the vehicles are part of avalue pricing pilot program under this sub-section.’’.

(6) FINANCIAL EFFECTS ON LOW-INCOME DRIV-ERS.—Section 1012(b) of such Act is amended byadding at the end the following:

‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIV-ERS.—Any value pricing pilot program underthis subsection shall include, if appropriate, ananalysis of the potential effects of the pilot pro-gram on low income drivers and may includemitigation measures to deal with any potentialadverse financial effects on low-income driv-ers.’’.

(7) FUNDING.—Section 1012(b) of such Act (asamended by paragraph (6)) is amended by add-ing at the end the following:

‘‘(8) FUNDING.—‘‘(A) IN GENERAL.—There is authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this subsection $8,000,000 for each of fiscalyears 1998 through 2003.

‘‘(B) AVAILABILITY.—Funds allocated by theSecretary to a State under this subsection shallremain available for obligation by the State fora period of 3 years after the last day of the fis-cal year for which the funds are authorized.

‘‘(C) USE OF UNALLOCATED FUNDS.—If thetotal amount of funds made available from theHighway Trust Fund under this subsection forfiscal year 1998 and fiscal years thereafter butnot allocated exceeds $8,000,000 as of September30 of any year, the excess amount—

‘‘(i) shall be apportioned in the following fis-cal year by the Secretary to all States in accord-ance with section 104(b)(3) of title 23, UnitedStates Code;

‘‘(ii) shall be considered to be a sum madeavailable for expenditure on the surface trans-portation program, except that the amount shallnot be subject to section 133(d) of such title; and

‘‘(iii) shall be available for any purpose eligi-ble for funding under section 133 of such title.

‘‘(D) CONTRACT AUTHORITY.—Funds author-ized under this paragraph shall be available forobligation in the same manner as if the fundswere apportioned under chapter 1 of title 23,United States Code; except that the Federalshare of the cost of any project under this sub-section and the availability of funds authorizedby this paragraph shall be determined in ac-cordance with this subsection.’’.

(b) INTERSTATE SYSTEM RECONSTRUCTION ANDREHABILITATION PILOT PROGRAM.—

(1) ESTABLISHMENT.—The Secretary shall es-tablish and implement an Interstate System re-construction and rehabilitation pilot programunder which the Secretary, notwithstandingsections 129 and 301 of title 23, United StatesCode, may permit a State to collect tolls on ahighway, bridge, or tunnel on the InterstateSystem for the purpose of reconstructing and re-habilitating Interstate highway corridors thatcould not otherwise be adequately maintainedor functionally improved without the collectionof tolls.

(2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary may permit the collection of tollsunder this subsection on 3 facilities on theInterstate System. Each of such facilities shallbe located in a different State.

(3) ELIGIBILITY.—To be eligible to participatein the pilot program, a State shall submit to the

CONGRESSIONAL RECORD — HOUSE H3821May 22, 1998Secretary an application that contains, at aminimum, the following:

(A) An identification of the facility on theInterstate System proposed to be a toll facility,including the age, condition, and intensity ofuse of the facility.

(B) In the case of a facility that affects a met-ropolitan area, an assurance that the metropoli-tan planning organization established undersection 134 of title 23, United States Code, forthe area has been consulted concerning theplacement and amount of tolls on the facility.

(C) An analysis demonstrating that the facil-ity could not be maintained or improved to meetcurrent or future needs from the State’s appor-tionments and allocations made available bythis Act (including amendments made by thisAct) and from revenues for highways from anyother source without toll revenues.

(D) A facility management plan that in-cludes—

(i) a plan for implementing the imposition oftolls on the facility;

(ii) a schedule and finance plan for the recon-struction or rehabilitation of the facility usingtoll revenues;

(iii) a description of the public transportationagency that will be responsible for implementa-tion and administration of the pilot program;

(iv) a description of whether considerationwill be given to privatizing the maintenance andoperational aspects of the facility, while retain-ing legal and administrative control of the por-tion of the Interstate route; and

(v) such other information as the Secretarymay require.

(4) SELECTION CRITERIA.—The Secretary mayapprove the application of a State under para-graph (3) only if the Secretary determines that—

(A) the State is unable to reconstruct or reha-bilitate the proposed toll facility using existingapportionments;

(B) the facility has a sufficient intensity ofuse, age, or condition to warrant the collectionof tolls;

(C) the State plan for implementing tolls onthe facility takes into account the interests oflocal, regional, and interstate travelers;

(D) the State plan for reconstruction or reha-bilitation of the facility using toll revenues isreasonable; and

(E) the State has given preference to the useof a public toll agency with demonstrated capa-bility to build, operate, and maintain a toll ex-pressway system meeting criteria for the Inter-state System.

(5) LIMITATIONS ON USE OF REVENUES; AU-DITS.—Before the Secretary may permit a Stateto participate in the pilot program, the Statemust enter into an agreement with the Secretarythat provides that—

(A) all toll revenues received from operation ofthe toll facility will be used only for—

(i) debt service;(ii) reasonable return on investment of any

private person financing the project; and(iii) any costs necessary for the improvement

of and the proper operation and maintenance ofthe toll facility, including reconstruction, resur-facing, restoration, and rehabilitation of the tollfacility; and

(B) regular audits will be conducted to ensurecompliance with subparagraph (A) and the re-sults of such audits will be transmitted to theSecretary.

(6) LIMITATION ON USE OF INTERSTATE MAINTE-NANCE FUNDS.—During the term of the pilot pro-gram, funds apportioned for Interstate mainte-nance under section 104(b)(4) of title 23, UnitedStates Code, may not be used on a facility forwhich tolls are being collected under the pro-gram.

(7) PROGRAM TERM.—The Secretary shall con-duct the pilot program under this subsection fora term to be determined by the Secretary, butnot less than 10 years.

(8) INTERSTATE SYSTEM DEFINED.—In this sub-section, the term ‘‘Interstate System’’ has the

meaning such term has under section 101 of title23, United States Code.SEC. 1217. ELIGIBILITY.

(a) SAN MATEO COUNTY, CALIFORNIA.—Not-withstanding any other provision of law, aproject to repair or reconstruct any portion of aFederal-aid primary route in San Mateo Coun-ty, California, that—

(1) was destroyed as a result of a combinationof storms in the winter of 1982–1983 and a moun-tain slide; and

(2) until its destruction, served as the onlyreasonable access route between 2 cities and asthe designated emergency evacuation route of 1of the cities;shall be eligible for assistance under section125(a) of title 23, United States Code, if theproject complies with the local coastal plan.

(b) AMBASSADOR BRIDGE ACCESS, DETROIT,MICHIGAN.—

(1) IN GENERAL.—Notwithstanding section 129of title 23, United States Code, or any other pro-vision of law, improvements to access roads andconstruction of access roads, approaches, andrelated facilities (such as signs, lights, and sig-nals) necessary to connect the AmbassadorBridge in Detroit, Michigan, to the InterstateSystem shall be eligible for funds apportionedunder paragraphs (1) and (3) of section 104(b) ofsuch title.

(2) USE OF FUNDS.—Funds described in para-graph (1) shall not be used for any improvementto, or construction of, the bridge itself.

(c) CUYAHOGA RIVER BRIDGE, OHIO.—Notwith-standing any other provision of law, a project toconstruct a new bridge over the Cuyahoga Riverin Cleveland, Ohio, shall be eligible for fundsapportioned under section 104(b)(3) of such title.

(d) CONNECTICUT.—In fiscal year 1998, theState of Connecticut may transfer any funds re-maining available for obligation under section104(b)(4) of title 23, United States Code, as in ef-fect on the day before the date of the enactmentof this Act, for construction of the InterstateSystem to any other program eligible for assist-ance under chapter 1 of such title. Before mak-ing any distribution of the obligation limitationunder section 1102(c)(6) of this Act, the Sec-retary shall make available to the State of Con-necticut sufficient obligation authority undersection 1102(c) of this Act to obligate fundsavailable for transfer under this subsection.

(e) INTERNATIONAL BRIDGE, SAULT STE.MARIE, MICHIGAN.—The International BridgeAuthority, or its successor organization, shall bepermitted to continue collecting tolls for mainte-nance of, operation of, capital improvements to,and future expansions to the InternationalBridge, Sault Ste. Marie, Michigan, and its ap-proaches, plaza areas, and associated struc-tures.

(f) INFORMATION SERVICES.—A food businessthat would otherwise be eligible to display amainline business logo on a specific service foodsign described in section 2G–5.7(4) of part IIG ofthe 1988 edition of the Manual on Uniform Traf-fic Control Devices for Streets and Highwaysunder the requirements specified in that section,but for the fact that the business is open 6 daysa week, cannot be prohibited from inclusion onsuch a food sign.

(g) CONTINUANCE OF COMMERCIAL OPERATIONSAT CERTAIN SERVICE PLAZAS IN THE STATE OFMARYLAND.—

(1) WAIVER.—Notwithstanding section 111 oftitle 23, United States Code, and the agreementsdescribed in paragraph (2), at the request of theMaryland Transportation Authority, the Sec-retary shall allow the continuance of commer-cial operations at the service plazas on the JohnF. Kennedy Memorial Highway on InterstateRoute 95.

(2) AGREEMENTS.—The agreements referred toin paragraph (1) are agreements between theDepartment of Transportation of the State ofMaryland and the Federal Highway Adminis-tration concerning the highway described inparagraph (1).

(h) WELCOME CENTER PILOT PROJECT.—(1) IN GENERAL.—The Secretary shall permit

the State of Georgia to conduct a pilot project toacquire, construct, operate, and maintain ademonstration safety rest area and informationcenter along Interstate Route 75 in Cobb Coun-ty, Georgia, in accordance with paragraph (2).

(2) INFORMATION CENTER AND SYSTEM.—Thecenter may provide goods and information thatis of interest to the traveling public, includingcommercial advertising and media displays, ifsuch advertising and displays are—

(A) exhibited solely within any facility con-structed in the rest area; and

(B) not legible from the main traveled way.(3) REPORT TO CONGRESS.—Not later than 2

years after the date of enactment of this Act,the Secretary shall submit to Congress a reporton the results of the pilot project.

(i) SOUTHERN CALIFORNIA.—Notwithstandingsection 120(l)(1) of title 23, United States Code—

(1) private entity expenditures to construct theSR–91 toll road located in Orange County, Cali-fornia, from SR–55 to the Riverside County linemay be credited toward the State matchingshare for any Federal-aid project beginning con-struction after the SR–91 toll road was openedto traffic; and

(2) private expenditures for the future SR–125toll road in San Diego County, California, fromSR–905 to San Miguel Road may be creditedagainst the State match share for Federal-aidhighway projects beginning after SR–125 isopened to traffic.

(j) TOLLS ON PENNSYLVANIA TURNPIKE.—Not-withstanding any other provision of law, notolls shall be collected during the 6-year periodbeginning on the date of enactment of this Acton the Pennsylvania Turnpike for travel eitherentering Bedford and exiting Breezewood, Penn-sylvania, or entering Breezewood and exitingBedford.

(k) VICKSBURG AND JACKSON, MISSISSIPPI.—Notwithstanding any other provision of thisAct, funds authorized by this Act (includingamendments made by this Act) for transpor-tation projects in the State of Mississippi may beused for the purpose of constructing, recon-structing, or rehabilitating rail lines in the vi-cinity of Vicksburg and Jackson, Mississippi.SEC. 1218. MAGNETIC LEVITATION TRANSPOR-

TATION TECHNOLOGY DEPLOYMENTPROGRAM.

(a) IN GENERAL.—Chapter 3 of title 23, UnitedStates Code, is amended by inserting after sec-tion 321 the following:

‘‘§ 322. Magnetic levitation transportationtechnology deployment program‘‘(a) DEFINITIONS.—In this section, the follow-

ing definitions apply:‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli-

gible project costs’—‘‘(A) means the capital cost of the fixed guide-

way infrastructure of a MAGLEV project, in-cluding land, piers, guideways, propulsionequipment and other components attached toguideways, power distribution facilities (includ-ing substations), control and communicationsfacilities, access roads, and storage, repair, andmaintenance facilities, but not including costsincurred for a new station; and

‘‘(B) includes the costs of preconstructionplanning activities.

‘‘(2) FULL PROJECT COSTS.—The term ‘fullproject costs’ means the total capital costs of aMAGLEV project, including eligible project costsand the costs of stations, vehicles, and equip-ment.

‘‘(3) MAGLEV.—The term ‘MAGLEV’ meanstransportation systems employing magnetic levi-tation that would be capable of safe use by thepublic at a speed in excess of 240 miles per houror under 50 miles per hour.

‘‘(4) PARTNERSHIP POTENTIAL.—The term‘partnership potential’ has the meaning giventhe term in the commercial feasibility study ofhigh-speed ground transportation conducted

CONGRESSIONAL RECORD — HOUSEH3822 May 22, 1998under section 1036 of the Intermodal SurfaceTransportation Efficiency Act of 1991 (105 Stat.1978).

‘‘(b) FINANCIAL ASSISTANCE.—‘‘(1) IN GENERAL.—The Secretary shall make

available financial assistance to pay the Federalshare of full project costs of eligible projects se-lected under this section. Financial assistancemade available under this section and projectsassisted with the assistance shall be subject tosection 5333(a) of title 49, United States Code.

‘‘(2) FEDERAL SHARE.—The Federal share offull project costs under paragraph (1) shall benot more than 2⁄3.

‘‘(3) USE OF ASSISTANCE.—Financial assistanceprovided under paragraph (1) shall be used onlyto pay eligible project costs of projects selectedunder this section.

‘‘(c) SOLICITATION OF APPLICATIONS FOR AS-SISTANCE.—Not later than 180 days after thedate of enactment of this subsection, the Sec-retary shall solicit applications from States, orauthorities designated by 1 or more States, forfinancial assistance authorized by subsection (b)for planning, design, and construction of eligi-ble MAGLEV projects.

‘‘(d) PROJECT ELIGIBILITY.—To be eligible toreceive financial assistance under subsection(b), a project shall—

‘‘(1) involve a segment or segments of a high-speed or low-speed ground transportation cor-ridor that exhibit partnership potential;

‘‘(2) require an amount of Federal funds forproject financing that will not exceed the sumof—

‘‘(A) the amounts made available under sub-section (h)(1)(A); and

‘‘(B) the amounts made available by Statesunder subsection (h)(4);

‘‘(3) result in an operating transportation fa-cility that provides a revenue producing service;

‘‘(4) be undertaken through a public and pri-vate partnership, with at least 1⁄3 of full projectcosts paid using non-Federal funds;

‘‘(5) satisfy applicable statewide and metro-politan planning requirements;

‘‘(6) be approved by the Secretary based on anapplication submitted to the Secretary by aState or authority designated by 1 or moreStates;

‘‘(7) to the extent that non-United StatesMAGLEV technology is used within the UnitedStates, be carried out as a technology transferproject; and

‘‘(8) be carried out using materials at least 70percent of which are manufactured in theUnited States.

‘‘(e) PROJECT SELECTION CRITERIA.—Prior tosoliciting applications, the Secretary shall estab-lish criteria for selecting which eligible projectsunder subsection (d) will receive financial as-sistance under subsection (b). The criteria shallinclude the extent to which—

‘‘(1) a project is nationally significant, includ-ing the extent to which the project will dem-onstrate the feasibility of deployment ofMAGLEV technology throughout the UnitedStates;

‘‘(2) timely implementation of the project willreduce congestion in other modes of transpor-tation and reduce the need for additional high-way or airport construction;

‘‘(3) States, regions, and localities financiallycontribute to the project;

‘‘(4) implementation of the project will createnew jobs in traditional and emerging industries;

‘‘(5) the project will augment MAGLEV net-works identified as having partnership poten-tial;

‘‘(6) financial assistance would foster publicand private partnerships for infrastructure de-velopment and attract private debt or equity in-vestment;

‘‘(7) financial assistance would foster thetimely implementation of a project; and

‘‘(8) life-cycle costs in design and engineeringare considered and enhanced.

‘‘(f) PROJECT SELECTION.—

‘‘(1) PRECONSTRUCTION PLANNING ACTIVI-TIES.—Not later than 90 days after a deadlineestablished by the Secretary for the receipt ofapplications, the Secretary shall evaluate the el-igible projects in accordance with the selectioncriteria and select 1 or more eligible projects toreceive financial assistance for preconstructionplanning activities, including—

‘‘(A) preparation of such feasibility studies,major investment studies, and environmentalimpact statements and assessments as are re-quired under State law;

‘‘(B) pricing of the final design, engineering,and construction activities proposed to be as-sisted under paragraph (2); and

‘‘(C) such other activities as are necessary toprovide the Secretary with sufficient informa-tion to evaluate whether a project should re-ceive financial assistance for final design, engi-neering, and construction activities under para-graph (2).

‘‘(2) FINAL DESIGN, ENGINEERING, AND CON-STRUCTION ACTIVITIES.—After completion ofpreconstruction planning activities for allprojects assisted under paragraph (1), the Sec-retary shall select 1 of the projects to receive fi-nancial assistance for final design, engineering,and construction activities.

‘‘(g) JOINT VENTURES.—A project undertakenby a joint venture of United States and non-United States persons (including a project in-volving the deployment of non-United StatesMAGLEV technology in the United States) shallbe eligible for financial assistance under thissection if the project is eligible under subsection(d) and selected under subsection (f).

‘‘(h) FUNDING.—‘‘(1) IN GENERAL.—‘‘(A) CONTRACT AUTHORITY; AUTHORIZATION

OF APPROPRIATIONS.—‘‘(i) IN GENERAL.—There is authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this section $15,000,000 for fiscal year 1999,$20,000,000 for fiscal year 2000, and $25,000,000for fiscal year 2001.

‘‘(ii) CONTRACT AUTHORITY.—Funds author-ized by this subparagraph shall be available forobligation in the same manner as if the fundswere apportioned under chapter 1, except that—

‘‘(I) the Federal share of the cost of a projectcarried out under this section shall be deter-mined in accordance with subsection (b); and

‘‘(II) the availability of the funds shall be de-termined in accordance with paragraph (2).

‘‘(B) NONCONTRACT AUTHORITY AUTHORIZA-TION OF APPROPRIATIONS.—

‘‘(i) IN GENERAL.—There are authorized to beappropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this section $200,000,000 for each of fiscalyears 2000 and 2001, $250,000,000 for fiscal year2002, and $300,000,000 for fiscal year 2003.

‘‘(ii) AVAILABILITY.—Notwithstanding section118(a), funds made available under clause (i)shall not be available in advance of an annualappropriation.

‘‘(2) AVAILABILITY OF FUNDS.—Funds madeavailable under paragraph (1) shall remainavailable until expended.

‘‘(3) OTHER FEDERAL FUNDS.—Notwithstand-ing any other provision of law, funds madeavailable to a State to carry out the surfacetransportation program under section 133 andthe congestion mitigation and air quality im-provement program under section 149 may beused by the State to pay a portion of the fullproject costs of an eligible project selected underthis section, without requirement for non-Fed-eral funds.

‘‘(4) OTHER ASSISTANCE.—Notwithstandingany other provision of law, an eligible projectselected under this section shall be eligible forother forms of financial assistance providedunder this title and the Transportation EquityAct for the 21st Century, including loans, loanguarantees, and lines of credit.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 3 of title 23, United States Code, is

amended by inserting after the item relating tosection 321 the following:‘‘322. Magnetic levitation transportation tech-

nology deployment program.’’.SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, UnitedStates Code is amended by adding at the end thefollowing:‘‘§ 162. National scenic byways program

‘‘(a) DESIGNATION OF ROADS.—‘‘(1) IN GENERAL.—The Secretary shall carry

out a national scenic byways program that rec-ognizes roads having outstanding scenic, his-toric, cultural, natural, recreational, and ar-chaeological qualities by designating the roadsas National Scenic Byways or All-AmericanRoads.

‘‘(2) CRITERIA.—The Secretary shall designateroads to be recognized under the national scenicbyways program in accordance with criteria de-veloped by the Secretary.

‘‘(3) NOMINATION.—To be considered for thedesignation, a road must be nominated by aState or a Federal land management agency andmust first be designated as a State scenic bywayor, in the case of a road on Federal land, as aFederal land management agency byway.

‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.—‘‘(1) IN GENERAL.—The Secretary shall make

grants and provide technical assistance toStates to—

‘‘(A) implement projects on highways des-ignated as National Scenic Byways or All-Amer-ican Roads, or as State scenic byways; and

‘‘(B) plan, design, and develop a State scenicbyway program.

‘‘(2) PRIORITIES.—In making grants, the Sec-retary shall give priority to—

‘‘(A) each eligible project that is associatedwith a highway that has been designated as aNational Scenic Byway or All-American Roadand that is consistent with the corridor manage-ment plan for the byway;

‘‘(B) each eligible project along a State-des-ignated scenic byway that is consistent with thecorridor management plan for the byway, or isintended to foster the development of such aplan, and is carried out to make the byway eli-gible for designation as a National ScenicByway or All-American Road; and

‘‘(C) each eligible project that is associatedwith the development of a State scenic bywayprogram.

‘‘(c) ELIGIBLE PROJECTS.—The following areprojects that are eligible for Federal assistanceunder this section:

‘‘(1) An activity related to the planning, de-sign, or development of a State scenic bywayprogram.

‘‘(2) Development and implementation of acorridor management plan to maintain the sce-nic, historical, recreational, cultural, natural,and archaeological characteristics of a bywaycorridor while providing for accommodation ofincreased tourism and development of relatedamenities.

‘‘(3) Safety improvements to a State scenicbyway, National Scenic Byway, or All-AmericanRoad to the extent that the improvements arenecessary to accommodate increased traffic andchanges in the types of vehicles using the high-way as a result of the designation as a Statescenic byway, National Scenic Byway, or All-American Road.

‘‘(4) Construction along a scenic byway of afacility for pedestrians and bicyclists, rest area,turnout, highway shoulder improvement, pass-ing lane, overlook, or interpretive facility.

‘‘(5) An improvement to a scenic byway thatwill enhance access to an area for the purposeof recreation, including water-related recre-ation.

‘‘(6) Protection of scenic, historical, rec-reational, cultural, natural, and archaeologicalresources in an area adjacent to a scenic byway.

‘‘(7) Development and provision of tourist in-formation to the public, including interpretiveinformation about a scenic byway.

CONGRESSIONAL RECORD — HOUSE H3823May 22, 1998‘‘(8) Development and implementation of a

scenic byway marketing program.‘‘(d) LIMITATION.—The Secretary shall not

make a grant under this section for any projectthat would not protect the scenic, historical,recreational, cultural, natural, and archaeologi-cal integrity of a highway and adjacent areas.

‘‘(e) SAVINGS CLAUSE.—The Secretary shallnot withhold any grant or impose any require-ment on a State as a condition of providing agrant or technical assistance for any scenicbyway unless the requirement is consistent withthe authority provided in this chapter.

‘‘(f) FEDERAL SHARE.—The Federal share ofthe cost of carrying out a project under this sec-tion shall be 80 percent, except that, in the caseof any scenic byway project along a public roadthat provides access to or within Federal or In-dian land, a Federal land management agencymay use funds authorized for use by the agencyas the non-Federal share.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by addingat the end the following:

‘‘162. National scenic byways program.’’.SEC. 1220. ELIMINATION OF REGIONAL OFFICE

RESPONSIBILITIES.(a) IN GENERAL.—(1) ELIMINATION.—The Secretary shall elimi-

nate any programmatic decisionmaking respon-sibility of the regional offices of the FederalHighway Administration for the Federal-aidhighway program as part of the Administra-tion’s efforts to restructure its field organiza-tion.

(2) ACTIVITIES.—In carrying out paragraph(1), the Secretary shall eliminate regional of-fices, create technical resource centers, and, tothe maximum extent practicable, delegate au-thority to State offices of the Federal HighwayAdministration.

(b) PREFERENCE.—In locating the technical re-source centers, the Secretary shall give pref-erence to cities that house, on the date of enact-ment of this Act, the Federal Highway Adminis-tration regional offices and are in locations thatminimize the travel distance between the tech-nical resource centers and the Federal HighwayAdministration division offices that will beserved by the new technical resource centers.

(c) REPORT TO CONGRESS.—The Secretaryshall transmit to the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives and the Committee on Environmentand Public Works of the Senate a detailed im-plementation plan to carry out this section notlater than September 30, 1998, and thereafterprovide periodic progress reports on carryingout this section to such Committees.

(d) IMPLEMENTATION.—The Secretary shallbegin implementation of the plan transmittedunder subsection (c) not later than December 31,1998.SEC. 1221. TRANSPORTATION AND COMMUNITY

AND SYSTEM PRESERVATION PILOTPROGRAM.

(a) ESTABLISHMENT.—In cooperation with ap-propriate State, regional, and local govern-ments, the Secretary shall establish a com-prehensive initiative to investigate and addressthe relationships between transportation andcommunity and system preservation and iden-tify private sector-based initiatives.

(b) RESEARCH.—(1) IN GENERAL.—In cooperation with appro-

priate Federal agencies, State, regional, andlocal governments, and other entities eligible forassistance under subsection (d), the Secretaryshall carry out a comprehensive research pro-gram to investigate the relationships betweentransportation, community preservation, andthe environment and the role of the private sec-tor in shaping such relationships.

(2) REQUIRED ELEMENTS.—The program shallprovide for monitoring and analysis of projectscarried out with funds made available to carryout subsections (c) and (d).

(c) PLANNING.—(1) IN GENERAL.—The Secretary shall allocate

funds made available to carry out this sub-section to States, metropolitan planning organi-zations, and local governments to plan, develop,and implement strategies to integrate transpor-tation and community and system preservationplans and practices.

(2) PURPOSES.—The purposes of the alloca-tions shall be—

(A) to improve the efficiency of the transpor-tation system;

(B) to reduce the impacts of transportation onthe environment;

(C) to reduce the need for costly future invest-ments in public infrastructure;

(D) to provide efficient access to jobs, services,and centers of trade; and

(E) to examine development patterns andidentify strategies to encourage private sectordevelopment patterns which achieve the goalsidentified in subparagraphs (A) through (D).

(3) CRITERIA.—In allocating funds made avail-able to carry out this subsection, the Secretaryshall give priority to applicants that—

(A) propose projects for funding that addressthe purposes described in paragraph (2); and

(B) demonstrate a commitment of non-Federalresources to the proposed projects.

(4) ADDITIONAL CRITERIA.—In addition, theSecretary shall give consideration to applicantsthat demonstrate a commitment to public andprivate involvement, including involvement ofnontraditional partners in the project team.

(d) ALLOCATION OF FUNDS FOR IMPLEMENTA-TION.—

(1) IN GENERAL.—The Secretary shall allocatefunds made available to carry out this sub-section to States, metropolitan planning organi-zations, and local governments to carry outprojects to address transportation efficiency andcommunity and system preservation.

(2) CRITERIA.—In allocating funds made avail-able to carry out this subsection, the Secretaryshall give priority to applicants that—

(A) have instituted preservation or develop-ment plans and programs that—

(i) meet the requirements of title 23 and chap-ter 53 of title 49, United States Code; and

(ii)(I) are coordinated with State and localadopted preservation or development plans;

(II) are intended to promote cost-effective andstrategic investments in transportation infra-structure that minimize adverse impacts on theenvironment; or

(III) are intended to promote innovative pri-vate sector strategies.

(B) have instituted other policies to integratetransportation and community and system pres-ervation practices, such as—

(i) spending policies that direct funds to high-growth areas;

(ii) urban growth boundaries to guide metro-politan expansion;

(iii) ‘‘green corridors’’ programs that provideaccess to major highway corridors for areas tar-geted for efficient and compact development; or

(iv) other similar programs or policies as deter-mined by the Secretary;

(C) have preservation or development policiesthat include a mechanism for reducing potentialimpacts of transportation activities on the envi-ronment;

(D) examine ways to encourage private sectorinvestments that address the purposes of thissection; and

(E) propose projects for funding that addressthe purposes described in subsection (c)(2).

(3) EQUITABLE DISTRIBUTION.—In allocatingfunds to carry out this subsection, the Secretaryshall ensure the equitable distribution of fundsto a diversity of populations and geographic re-gions.

(4) USE OF ALLOCATED FUNDS.—(A) IN GENERAL.—An allocation of funds made

available to carry out this subsection shall beused by the recipient to implement the projectsproposed in the application to the Secretary.

(B) TYPES OF PROJECTS.—The allocation offunds shall be available for obligation for—

(i) any project eligible for funding under title23 or chapter 53 of title 49, United States Code;or

(ii) any other activity relating to transpor-tation and community and system preservationthat the Secretary determines to be appropriate,including corridor preservation activities thatare necessary to implement—

(I) transit-oriented development plans;(II) traffic calming measures; or(III) other coordinated transportation and

community and system preservation practices.(e) FUNDING.—(1) IN GENERAL.—There is authorized to be ap-

propriated from the Highway Trust Fund (otherthan the Mass Transit Account) to carry outthis section $20,000,000 for fiscal year 1999 and$25,000,000 for each of fiscal years 2000 through2003.

(2) CONTRACT AUTHORITY.—Funds authorizedunder this subsection shall be available for obli-gation in the same manner as if the funds wereapportioned under chapter 1 of title 23, UnitedStates Code.SEC. 1222. ADDITIONS TO APPALACHIAN REGION.

(a) IN GENERAL.—Section 403 of the Appalach-ian Regional Development Act of 1965 (40 U.S.C.App.) is amended—

(1) in the undesignated paragraph relating toAlabama—

(A) by inserting ‘‘Hale,’’ after ‘‘Franklin,’’;and

(B) by inserting ‘‘Macon,’’ after ‘‘Lime-stone,’’;

(2) in the undesignated paragraph relating toGeorgia—

(A) by inserting ‘‘Elbert,’’ after ‘‘Douglas,’’;and

(B) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’;(3) in the undesignated paragraph relating to

Mississippi by striking ‘‘and Winston’’ and in-serting ‘‘Winston, and Yalobusha’’; and

(4) in the undesignated paragraph relating toVirginia—

(A) by inserting ‘‘Montgomery,’’ after ‘‘Lee,’’;and

(B) by inserting ‘‘Rockbridge,’’ after ‘‘Pu-laski,’’.

(b) TECHNICAL AMENDMENT.—Section 405 ofsuch Act is amended by striking ‘‘section 201’’and inserting ‘‘sections 201 and 403’’. Thisamendment ensures that section 403 is still in ef-fect.SEC. 1223. TRANSPORTATION ASSISTANCE FOR

OLYMPIC CITIES.(a) PURPOSE.—The purpose of this section is

to authorize the provision of assistance for, andsupport of, State and local efforts concerningsurface transportation issues necessary to ob-tain the national recognition and economic ben-efits of participation in the International Olym-pic movement, the International Paralympicmovement, and the Special Olympics Inter-national movement by hosting internationalquadrennial Olympic and Paralympic events,and Special Olympics International events, inthe United States.

(b) PRIORITY FOR TRANSPORTATION PROJECTSRELATING TO OLYMPIC, PARALYMPIC, AND SPE-CIAL OLYMPIC EVENTS.—Notwithstanding anyother provision of law, from funds available tocarry out sections 118(c) and 144(g)(1) of title 23,United States Code, the Secretary may give pri-ority to funding for a transportation project re-lating to an international quadrennial Olympicor Paralympic event, or a Special OlympicsInternational event, if—

(1) the project meets the extraordinary needsassociated with an international quadrennialOlympic or Paralympic event or a Special Olym-pics International event; and

(2) the project is otherwise eligible for assist-ance under sections 118(c) and 144(g)(1) of suchtitle.

(c) TRANSPORTATION PLANNING ACTIVITIES.—The Secretary may participate in—

CONGRESSIONAL RECORD — HOUSEH3824 May 22, 1998(1) planning activities of States and metropoli-

tan planning organizations and transportationprojects relating to an international quadren-nial Olympic or Paralympic event, or a SpecialOlympics International event, under sections134 and 135 of title 23, United States Code; and

(2) developing intermodal transportationplans necessary for the projects in coordinationwith State and local transportation agencies.

(d) FUNDING.—Notwithstanding section5001(a), from funds made available under suchsection, the Secretary may provide assistance forthe development of an Olympic, a Paralympic,and a Special Olympic transportation manage-ment plan in cooperation with an Olympic Or-ganizing Committee responsible for hosting, andState and local communities affected by, aninternational quadrennial Olympic orParalympic event or a Special Olympics Inter-national event.

(e) TRANSPORTATION PROJECTS RELATING TOOLYMPIC, PARALYMPIC, AND SPECIAL OLYMPICEVENTS.—

(1) IN GENERAL.—The Secretary may provideassistance, including planning, capital, and op-erating assistance, to States and local govern-ments in carrying out transportation projects re-lating to an international quadrennial Olympicor Paralympic event or a Special OlympicsInternational event.

(2) FEDERAL SHARE.—The Federal share of thecost of a project assisted under this subsectionshall not exceed 80 percent.

(f) ELIGIBLE GOVERNMENTS.—A State or localgovernment shall be eligible to receive assistanceunder this section only if the government ishosting a venue that is part of an internationalquadrennial Olympics that is officially selectedby the International Olympic Committee.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated fromthe Highway Trust Fund (other than the MassTransit Account) to carry out this section suchsums as are necessary for each of fiscal years1998 through 2003.

Subtitle C—Program Streamlining andFlexibility

SEC. 1301. REAL PROPERTY ACQUISITION ANDCORRIDOR PRESERVATION.

(a) ADVANCE ACQUISITION OF REAL PROP-ERTY.—Section 108 of title 23, United StatesCode, is amended by striking the section head-ing and subsection (a) and inserting the follow-ing:‘‘§ 108. Advance acquisition of real property

‘‘(a) IN GENERAL.—‘‘(1) AVAILABILITY OF FUNDS.—For the pur-

pose of facilitating the timely and economicalacquisition of real property for a transportationimprovement eligible for funding under thistitle, the Secretary, upon the request of a State,may make available, for the acquisition of realproperty, such funds apportioned to the State asmay be expended on the transportation improve-ment, under such rules and regulations as theSecretary may issue.

‘‘(2) CONSTRUCTION.—The agreement betweenthe Secretary and the State for the reimburse-ment of the cost of the real property shall pro-vide for the actual construction of the transpor-tation improvement within a period not to ex-ceed 20 years following the fiscal year for whichthe request is made, unless the Secretary deter-mines that a longer period is reasonable.’’.

(b) CREDIT FOR ACQUIRED LANDS.—Section323(b) of such title is amended—

(1) in the subsection heading, by striking‘‘DONATED’’ and inserting ‘‘ACQUIRED’’;

(2) by striking paragraphs (1) and (2) and in-serting the following:

‘‘(1) IN GENERAL.—Notwithstanding any otherprovision of this title, the State share of the costof a project with respect to which Federal assist-ance is provided from the Highway Trust Fund(other than the Mass Transit Account) may becredited in an amount equal to the fair marketvalue of any land that—

‘‘(A) is lawfully obtained by the State or aunit of local government in the State;

‘‘(B) is incorporated into the project;‘‘(C) is not land described in section 138; and‘‘(D) the Secretary determines will not influ-

ence the environmental assessment of theproject, including—

‘‘(i) the decision as to the need to constructthe project;

‘‘(ii) the consideration of alternatives; and‘‘(iii) the selection of a specific location.‘‘(2) ESTABLISHMENT OF FAIR MARKET

VALUE.—The fair market value of land incor-porated into a project and credited under para-graph (1) shall be established in the manner de-termined by the Secretary, except that—

‘‘(A) the fair market value shall not includeany increase or decrease in the value of donatedproperty caused by the project; and

‘‘(B) the fair market value of donated landshall be established as of the earlier of—

‘‘(i) the date on which the donation becomeseffective; or

‘‘(ii) the date on which equitable title to theland vests in the State.’’;

(3) in paragraph (3) by striking ‘‘agency of aFederal, State, or local government’’ and insert-ing ‘‘agency of the Federal Government’’; and

(4) in paragraph (4) by striking ‘‘to which thedonation is applied’’.

(c) CREDITING OF CONTRIBUTIONS BY UNITS OFLOCAL GOVERNMENT TOWARD THE STATESHARE.—Section 323 of such title is amended byadding at the end the following:

‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITSOF LOCAL GOVERNMENT TOWARD THE STATESHARE.—A contribution by a unit of local gov-ernment of real property, funds, or material inconnection with a project eligible for assistanceunder this title shall be credited against theState share of the project at the fair marketvalue of the real property, funds, or material.’’.

(d) CONFORMING AMENDMENTS.—(1) Section 323 of such title is amended by

striking the section heading and inserting thefollowing:

‘‘§ 323. Donations and credits’’.(2) The analysis for chapter 1 of such title is

amended by striking the item relating to section108 and inserting the following:

‘‘108. Advance acquisition of real property.’’.

(3) The analysis for chapter 3 of such title isamended by striking the item relating to section323 and inserting the following:

‘‘323. Donations and credits.’’.

SEC. 1302. PAYMENTS TO STATES FOR CONSTRUC-TION.

Section 121 of title 23, United States Code, isamended—

(1) by striking subsections (a) and (b) and in-serting the following:

‘‘(a) IN GENERAL.—The Secretary, from time totime as the work progresses, may make pay-ments to a State for costs of construction in-curred by the State on a project. Such paymentsmay also be made for the value of the mate-rials—

‘‘(1) that have been stockpiled in the vicinityof the construction in conformity to plans andspecifications for the projects; and

‘‘(2) that are not in the vicinity of the con-struction if the Secretary determines that be-cause of required fabrication at an off-site loca-tion the material cannot be stockpiled in suchvicinity.

‘‘(b) PROJECT AGREEMENT.—No payment shallbe made under this chapter except for a projectcovered by a project agreement. After completionof the project in accordance with the projectagreement, a State shall be entitled to paymentout of the appropriate sums apportioned or allo-cated to the State of the unpaid balance of theFederal share payable for such project.’’;

(2) by striking subsections (c) and (d); and(3) by redesignating subsection (e) as sub-

section (c).

SEC. 1303. PROCEEDS FROM THE SALE OR LEASEOF REAL PROPERTY.

(a) IN GENERAL.—Section 156 of title 23,United States Code, is amended to read as fol-lows:‘‘§ 156. Proceeds from the sale or lease of real

property‘‘(a) MINIMUM CHARGE.—Subject to section

142(f), a State shall charge, at a minimum, fairmarket value for the sale, use, lease, or lease re-newal (other than for utility use and occupancyor for a transportation project eligible for assist-ance under this title) of real property acquiredwith Federal assistance made available from theHighway Trust Fund (other than the MassTransit Account).

‘‘(b) EXCEPTIONS.—The Secretary may grantan exception to the requirement of subsection(a) for a social, environmental, or economic pur-pose.

‘‘(c) USE OF FEDERAL SHARE OF INCOME.—TheFederal share of net income from the revenuesobtained by a State under subsection (a) shallbe used by the State for projects eligible underthis title.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by strikingthe item relating to section 156 and inserting thefollowing:‘‘156. Proceeds from the sale or lease of real

property.’’.SEC. 1304. ENGINEERING COST REIMBURSEMENT.

Section 102(b) of title 23, United States Code,is amended in the first sentence by insertingafter ‘‘10 years’’ the following: ‘‘(or such longerperiod as the State requests and the Secretarydetermines to be reasonable)’’.SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.

(a) IN GENERAL.—Section 106 of title 23,United States Code, is amended—

(1) by striking the section heading and insert-ing the following:‘‘§ 106. Project approval and oversight’’;

(2) by redesignating subsections (e) and (f) assubsections (f) and (g), respectively; and

(3) by striking subsections (a) through (d) andinserting the following:

‘‘(a) IN GENERAL.—‘‘(1) SUBMISSION OF PLANS, SPECIFICATIONS,

AND ESTIMATES.—Except as otherwise providedin this section, each State transportation de-partment shall submit to the Secretary for ap-proval such plans, specifications, and estimatesfor each proposed project as the Secretary mayrequire.

‘‘(2) PROJECT AGREEMENT.—The Secretaryshall act on the plans, specifications, and esti-mates as soon as practicable after the date oftheir submission and shall enter into a formalproject agreement with the State transportationdepartment formalizing the conditions of theproject approval.

‘‘(3) CONTRACTUAL OBLIGATION.—The execu-tion of the project agreement shall be deemed acontractual obligation of the Federal Govern-ment for the payment of the Federal share ofthe cost of the project.

‘‘(4) GUIDANCE.—In taking action under thissubsection, the Secretary shall be guided by sec-tion 109.

‘‘(b) PROJECT AGREEMENT.—‘‘(1) PROVISION OF STATE FUNDS.—The project

agreement shall make provision for State fundsrequired to pay the State’s non-Federal share ofthe cost of construction of the project and topay for maintenance of the project after comple-tion of construction.

‘‘(2) REPRESENTATIONS OF STATE.—If a part ofthe project is to be constructed at the expenseof, or in cooperation with, political subdivisionsof the State, the Secretary may rely on represen-tations made by the State transportation depart-ment with respect to the arrangements or agree-ments made by the State transportation depart-ment and appropriate local officials for ensuringthat the non-Federal contribution will be pro-vided under paragraph (1).

CONGRESSIONAL RECORD — HOUSE H3825May 22, 1998‘‘(c) ASSUMPTION BY STATES OF RESPONSIBIL-

ITIES OF THE SECRETARY.—‘‘(1) NON-INTERSTATE NHS PROJECTS.—For

projects under this title that are on the NationalHighway System but not on the Interstate Sys-tem, the State may assume the responsibilities ofthe Secretary under this title for design, plans,specifications, estimates, contract awards, andinspections of projects unless the State or theSecretary determines that such assumption isnot appropriate.

‘‘(2) NON-NHS PROJECTS.—For projects underthis title that are not on the National HighwaySystem, the State shall assume the responsibil-ities of the Secretary under this title for design,plans, specifications, estimates, contractawards, and inspection of projects, unless theState determines that such assumption is notappropriate.

‘‘(3) AGREEMENT.—The Secretary and theState shall enter into an agreement relating tothe extent to which the State assumes the re-sponsibilities of the Secretary under this sub-section.

‘‘(4) LIMITATION ON AUTHORITY OF SEC-RETARY.—The Secretary may not assume anygreater responsibility than the Secretary is per-mitted under this title on September 30, 1997, ex-cept upon agreement by the Secretary and theState.

‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—Nothing in this section, section 133, or section149 shall affect or discharge any responsibilityor obligation of the Secretary under—

‘‘(1) section 113 or 114; or‘‘(2) any Federal law other than this title (in-

cluding section 5333 of title 49).‘‘(e) VALUE ENGINEERING ANALYSIS.—For such

projects as the Secretary determines advisable,plans, specifications, and estimates for proposedprojects on any Federal-aid highway shall beaccompanied by a value engineering analysis orother cost reduction analysis.’’.

(b) FINANCIAL PLAN.—Section 106 of such title(as amended by subsection (a)(2)), is amendedby adding at the end the following:

‘‘(h) FINANCIAL PLAN.—A recipient of Federalfinancial assistance for a project under this titlewith an estimated total cost of $1,000,000,000 ormore shall submit to the Secretary an annual fi-nancial plan for the project. The plan shall bebased on detailed annual estimates of the cost tocomplete the remaining elements of the projectand on reasonable assumptions, as determinedby the Secretary, of future increases in the costto complete the project.’’.

(c) LIFE CYCLE COST ANALYSIS.—Section 106of such title (as amended by subsection (a)(2)),is amended by striking subsection (f) and insert-ing the following:

‘‘(f) LIFE-CYCLE COST ANALYSIS.—‘‘(1) USE OF LIFE-CYCLE COST ANALYSIS.—The

Secretary shall develop recommendations for theStates to conduct life-cycle cost analyses. Therecommendations shall be based on the prin-ciples contained in section 2 of Executive OrderNo. 12893 and shall be developed in consultationwith the American Association of State High-way and Transportation Officials. The Sec-retary shall not require a State to conduct alife-cycle cost analysis for any project as a re-sult of the recommendations required under thissubsection.

‘‘(2) LIFE-CYCLE COST ANALYSIS DEFINED.—Inthis subsection, the term ‘life-cycle cost analy-sis’ means a process for evaluating the total eco-nomic worth of a usable project segment by ana-lyzing initial costs and discounted future costs,such as maintenance, user costs, reconstruction,rehabilitation, restoring, and resurfacing costs,over the life of the project segment.’’.

(d) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by strikingthe item relating to section 106 and inserting thefollowing:

‘‘106. Project approval and oversight.’’.SEC. 1306. STANDARDS.

(a) ELIMINATION OF GUIDELINES AND ANNUALCERTIFICATION REQUIREMENTS.—Section 109 oftitle 23, United States Code, is amended—

(1) by striking subsection (m); and(2) by redesignating subsections (n) through

(q) as subsections (m) through (p), respectively.(b) SAFETY STANDARDS.—Section 109 of such

title (as amended by subsection (a)), is amendedby adding at the end the following:

‘‘(q) PHASE CONSTRUCTION.—Safety consider-ations for a project under this title may be metby phase construction consistent with the opera-tive safety management system established inaccordance with section 303 or in accordancewith a statewide transportation improvementprogram approved by the Secretary.’’.SEC. 1307. DESIGN-BUILD CONTRACTING.

(a) AUTHORITY.—Section 112(b) of title 23,United States Code, is amended—

(1) in the first sentence of paragraph (1) bystriking ‘‘paragraph (2)’’ and inserting ‘‘para-graphs (2) and (3)’’;

(2) in paragraph (2)(A) by striking ‘‘Each’’and inserting ‘‘Subject to paragraph (3), each’’;and

(3) by adding at the end the following:‘‘(3) DESIGN-BUILD CONTRACTING.—‘‘(A) IN GENERAL.—A State transportation de-

partment or local transportation agency mayaward a design-build contract for a qualifiedproject described in subparagraph (C) using anyprocurement process permitted by applicableState and local law.

‘‘(B) LIMITATION ON FINAL DESIGN.—Final de-sign under a design-build contract referred to insubparagraph (A) shall not commence beforecompliance with section 102 of the National En-vironmental Policy Act of 1969 (42 U.S.C. 4332).

‘‘(C) QUALIFIED PROJECTS.—A qualifiedproject referred to in subparagraph (A) is aproject under this chapter for which—

‘‘(i) the Secretary has approved the use of de-sign-build contracting described in subpara-graph (A) under criteria specified in regulationsissued by the Secretary; and

‘‘(ii) the total costs are estimated to exceed—‘‘(I) in the case of a project that involves in-

stallation of an intelligent transportation sys-tem, $5,000,000; and

‘‘(II) in the case of any other project,$50,000,000.

‘‘(D) DESIGN-BUILD CONTRACT DEFINED.—Inthis paragraph, the term ‘design-build contract’means an agreement that provides for designand construction of a project by a contractor,regardless of whether the agreement is in theform of a design-build contract, a franchiseagreement, or any other form of contract ap-proved by the Secretary.’’.

(b) INAPPLICABILITY OF STANDARDIZED CON-TRACT CLAUSE REQUIREMENT.—Section 112(e)(2)of such title is amended—

(1) by striking ‘‘Paragraph’’ and inserting thefollowing:

‘‘(A) STATE LAW.—Paragraph’’;(2) by adding at the end the following:‘‘(B) DESIGN-BUILD CONTRACTS.—Paragraph

(1) shall not apply to any design-build contractapproved under subsection (b)(3).’’; and

(3) by aligning the remainder of the text ofsubparagraph (A) (as designated by paragraph(1) of this subsection) with subparagraph (B) ofsuch section (as added by paragraph (2) of thissubsection).

(c) REGULATIONS.—(1) IN GENERAL.—Not later than the effective

date specified in subsection (e), after consulta-tion with the American Association of StateHighway and Transportation Officials and rep-resentatives from affected industries, the Sec-retary shall issue regulations to carry out theamendments made by this section.

(2) CONTENTS.—The regulations shall—(A) identify the criteria to be used by the Sec-

retary in approving the use by a State transpor-

tation department or local transportation agen-cy of design-build contracting; and

(B) establish the procedures to be followed bya State transportation department or localtransportation agency for obtaining the Sec-retary’s approval of the use of design-build con-tracting by the department or agency.

(d) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this section or the amendments madeby this section affects the authority to carryout, or any project carried out under, any ex-perimental program concerning design-buildcontracting that is being carried out by the Sec-retary as of the date of enactment of this Act.

(e) EFFECTIVE DATE FOR AMENDMENTS.—(1) IN GENERAL.—The amendments made by

this section take effect 3 years after the date ofenactment of this Act.

(2) TRANSITION PROVISION.—(A) IN GENERAL.—During the period before

issuance of the regulations under subsection (c),the Secretary may approve, in accordance withan experimental program described in subsection(d), design-build contracts to be awarded usingany process permitted by applicable State andlocal law; except that final design under anysuch contract shall not commence before compli-ance with section 102 of the National Environ-mental Policy Act of 1969 (42 U.S.C. 4332).

(B) PREVIOUSLY AWARDED CONTRACTS.—TheSecretary may approve design-build contractsawarded before the date of enactment of thisAct.

(C) DESIGN-BUILD CONTRACT DEFINED.—In thisparagraph, the term ‘‘design-build contract’’means an agreement that provides for designand construction of a project by a contractor,regardless of whether the agreement is in theform of a design-build contract, a franchiseagreement, or any other form of contract ap-proved by the Secretary.

(f) REPORT TO CONGRESS.—(1) IN GENERAL.—Not later than 5 years after

the date of enactment of this Act, the Secretaryshall submit to Congress a report on the effec-tiveness of design-build contracting procedures.

(2) CONTENTS.—The report shall contain—(A) an assessment of the effect of design-build

contracting on project quality, project cost, andtimeliness of project delivery;

(B) recommendations on the appropriate levelof design for design-build procurements;

(C) an assessment of the impact of design-build contracting on small businesses;

(D) assessment of the subjectivity used in de-sign-build contracting; and

(E) such recommendations concerning design-build contracting procedures as the Secretarydetermines to be appropriate.SEC. 1308. MAJOR INVESTMENT STUDY INTEGRA-

TION.The Secretary shall eliminate the major in-

vestment study set forth in section 450.318 oftitle 23, Code of Federal Regulations, as a sepa-rate requirement, and promulgate regulations tointegrate such requirement, as appropriate, aspart of the analyses required to be undertakenpursuant to the planning provisions of title 23,United States Code, and chapter 53 of title 49,United States Code, and the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)for Federal-aid highway and transit projects.The scope of the applicability of such regula-tions shall be no broader than the scope of suchsection.SEC. 1309. ENVIRONMENTAL STREAMLINING.

(a) COORDINATED ENVIRONMENTAL REVIEWPROCESS.—

(1) DEVELOPMENT AND IMPLEMENTATION.—TheSecretary shall develop and implement a coordi-nated environmental review process for highwayconstruction projects that require—

(A) the preparation of an environmental im-pact statement or environmental assessmentunder the National Environmental Policy Act of1969 (42 U.S.C. 4321 et seq.), except that the Sec-retary may decide not to apply this section to

CONGRESSIONAL RECORD — HOUSEH3826 May 22, 1998the preparation of an environmental assessmentunder such Act; or

(B) the conduct of any other environmentalreview, analysis, opinion, or issuance of an en-vironmental permit, license, or approval by op-eration of Federal law.

(2) MEMORANDUM OF UNDERSTANDING.—(A) IN GENERAL.—The coordinated environ-

mental review process for each project shall en-sure that, whenever practicable (as specified inthis section), all environmental reviews, analy-ses, opinions, and any permits, licenses, or ap-provals that must be issued or made by any Fed-eral agency for the project concerned shall beconducted concurrently and completed within acooperatively determined time period. Suchprocess for a project or class of project may beincorporated into a memorandum of under-standing between the Department of Transpor-tation and Federal agencies (and, where appro-priate, State agencies).

(B) ESTABLISHMENT OF TIME PERIODS.—In es-tablishing the time period referred to in sub-paragraph (A), and any time periods for reviewwithin such period, the Department and allsuch agencies shall take into account their re-spective resources and statutory commitments.

(b) ELEMENTS OF COORDINATED ENVIRON-MENTAL REVIEW PROCESS.—For each project, thecoordinated environmental review process estab-lished under this section shall provide, at a min-imum, for the following elements:

(1) FEDERAL AGENCY IDENTIFICATION.—TheSecretary shall, at the earliest possible time,identify all potential Federal agencies that—

(A) have jurisdiction by law over environ-mental-related issues that may be affected bythe project and the analysis of which would bepart of any environmental document required bythe National Environmental Policy Act of 1969(42 U.S.C. 4321 et seq.); or

(B) may be required by Federal law to inde-pendently—

(i) conduct an environmental-related reviewor analysis; or

(ii) determine whether to issue a permit, li-cense, or approval or render an opinion on theenvironmental impact of the project.

(2) TIME LIMITATIONS AND CONCURRENT RE-VIEW.—The Secretary and the head of each Fed-eral agency identified under paragraph (1)—

(A)(i) shall jointly develop and establish timeperiods for review for—

(I) all Federal agency comments with respectto any environmental review documents re-quired by the National Environmental PolicyAct of 1969 (42 U.S.C. 4321 et seq.) for theproject; and

(II) all other independent Federal agency en-vironmental analyses, reviews, opinions, anddecisions on any permits, licenses, and approv-als that must be issued or made for the project;

whereby each such Federal agency’s reviewshall be undertaken and completed within suchestablished time periods for review; or

(ii) may enter into an agreement to establishsuch time periods for review with respect to aclass of project; and

(B) shall ensure, in establishing such time pe-riods for review, that the conduct of any suchanalysis, review, opinion, and decision is under-taken concurrently with all other environmentalreviews for the project, including the reviews re-quired by the National Environmental PolicyAct of 1969 (42 U.S.C. 4321 et seq.); except thatsuch review may not be concurrent if the af-fected Federal agency can demonstrate thatsuch concurrent review would result in a signifi-cant adverse impact to the environment or sub-stantively alter the operation of Federal law orwould not be possible without information de-veloped as part of the environmental reviewprocess.

(3) FACTORS TO BE CONSIDERED.—Time periodsfor review established under this section shall beconsistent with the time periods established bythe Council on Environmental Quality under

sections 1501.8 and 1506.10 of title 40, Code ofFederal Regulations.

(4) EXTENSIONS.—The Secretary shall extendany time periods for review under this section if,upon good cause shown, the Secretary and anyFederal agency concerned determine that addi-tional time for analysis and review is needed asa result of new information that has been dis-covered that could not reasonably have been an-ticipated when the Federal agency’s time peri-ods for review were established. Any memoran-dum of understanding shall be modified to in-corporate any mutually agreed-upon extensions.

(c) DISPUTE RESOLUTION.—When the Sec-retary determines that a Federal agency whichis subject to a time period for its environmentalreview or analysis under this section has failedto complete such review, analysis, opinion, ordecision on issuing any permit, license, or ap-proval within the established time period orwithin any agreed-upon extension to such timeperiod, the Secretary may, after notice and con-sultation with such agency, close the record onthe matter before the Secretary. If the Secretaryfinds, after timely compliance with this section,that an environmental issue related to theproject that an affected Federal agency has ju-risdiction over by operation of Federal law hasnot been resolved, the Secretary and the head ofthe Federal agency shall resolve the matter notlater than 30 days after the date of the findingby the Secretary.

(d) PARTICIPATION OF STATE AGENCIES.—Forany project eligible for assistance under chapter1 of title 23, United States Code, a State, by op-eration of State law, may require that all Stateagencies that have jurisdiction by State or Fed-eral law over environmental-related issues thatmay be affected by the project, or that are re-quired to issue any environmental-related re-views, analyses, opinions, or determinations onissuing any permits, licenses, or approvals forthe project, be subject to the coordinated envi-ronmental review process established under thissection unless the Secretary determines that aState’s participation would not be in the publicinterest. For a State to require State agencies toparticipate in the review process, all affectedagencies of the State shall be subject to the re-view process.

(e) ASSISTANCE TO AFFECTED FEDERAL AGEN-CIES.—

(1) IN GENERAL.—The Secretary may approvea request by a State to provide funds madeavailable under chapter 1 of title 23, UnitedStates Code, to the State for the project subjectto the coordinated environmental review processestablished under this section to affected Fed-eral agencies to provide the resources necessaryto meet any time limits established under thissection.

(2) AMOUNTS.—Such requests under para-graph (1) shall be approved only—

(A) for the additional amounts that the Sec-retary determines are necessary for the affectedFederal agencies to meet the time limits for envi-ronmental review; and

(B) if such time limits are less than the cus-tomary time necessary for such review.

(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—(1) JUDICIAL REVIEW.—Nothing in this section

shall affect the reviewability of any final Fed-eral agency action in a district court of theUnited States or in the court of any State.

(2) SAVINGS CLAUSE.—Nothing in this sectionshall affect the applicability of the National En-vironmental Policy Act of 1969 (42 U.S.C. 4321 etseq.) or any other Federal environmental statuteor affect the responsibility of any Federal officerto comply with or enforce any such statute.

(g) FEDERAL AGENCY DEFINED.—In this sec-tion, the term ‘‘Federal agency’’ means anyFederal agency or any State agency carryingout affected responsibilities required by oper-ation of Federal law.

SEC. 1310. UNIFORM TRANSFERABILITY OF FED-ERAL-AID HIGHWAY FUNDS.

(a) IN GENERAL.—Chapter 1 of title 23, UnitedStates Code, is amended by inserting after sec-tion 109 the following:

‘‘§ 110. Uniform transferability of Federal-aidhighway funds‘‘(a) GENERAL RULE.—Notwithstanding any

other provision of law but subject to subsections(b) and (c), if at least 50 percent of a State’s ap-portionment under section 104 or 144 for a fiscalyear or at least 50 percent of the funds set-asideunder section 133(d) from the State’s apportion-ment section 104(b)(3) may not be transferred toany other apportionment of the State under sec-tion 104 or 144 for such fiscal year, then theState may transfer not to exceed 50 percent ofsuch apportionment or set aside to any otherapportionment of such State under section 104or 144 for such fiscal year.

‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—No funds may be transferred under this sectionthat are subject to the last sentence of section133(d)(1) or to section 104(f) or to section133(d)(3). The maximum amount that a Statemay transfer under this section of the State’sset-aside under section 133(d)(1) or 133(d)(2) fora fiscal year may not exceed 25 percent of (1)the amount of such set-aside, less (2) theamount of the State’s set-aside under such sec-tion for fiscal year 1997.

‘‘(c) APPLICATION TO CERTAIN CMAQFUNDS.—The maximum amount that a Statemay transfer under this section of the State’sapportionment under section 104(b)(2) for a fis-cal year may not exceed 50 percent of (1) theamount of such apportionment, less (2) theamount that the State’s apportionment undersection 104(b)(2) for such fiscal year would havebeen had the program been funded at$1,350,000,000. Any such funds apportionedunder section 104(b)(2) and transferred underthis section may only be obligated in geographicareas eligible for the obligation of funds appor-tioned under section 104(b)(2).’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by insert-ing after the item relating to section 109 the fol-lowing:

‘‘110. Uniform transferability of Federal-aidhighway funds.’’.

Subtitle D—Safety

SEC. 1401. HAZARD ELIMINATION PROGRAM.Section 152 of title 23, United States Code, is

amended—(1) in subsection (a)—(A) by striking ‘‘(a) Each’’ and inserting the

following:‘‘(a) IN GENERAL.—‘‘(1) PROGRAM.—Each’’;(B) by inserting ‘‘, bicyclists,’’ after ‘‘motor-

ists’’;(C) by adding at the end the following:‘‘(2) HAZARDS.—In carrying out paragraph

(1), a State may, at its discretion—‘‘(A) identify, through a survey, hazards to

motorists, bicyclists, pedestrians, and users ofhighway facilities; and

‘‘(B) develop and implement projects and pro-grams to address the hazards.’’; and

(D) by aligning the remainder of the text ofparagraph (1) (as designated by subparagraph(A) of this paragraph) with paragraph (2) ofsuch subsection (as added by subparagraph (C)of this paragraph);

(2) in subsection (b) by striking ‘‘highwaysafety improvement project’’ and inserting‘‘safety improvement project, including a projectdescribed in subsection (a)’’;

(3) in subsection (c) by striking ‘‘on any pub-lic road (other than a highway on the InterstateSystem).’’ and inserting the following: ‘‘on—

‘‘(1) any public road;‘‘(2) any public surface transportation facility

or any publicly owned bicycle or pedestrianpathway or trail; or

CONGRESSIONAL RECORD — HOUSE H3827May 22, 1998‘‘(3) any traffic calming measure.’’;(4) in subsection (e)—(A) by striking ‘‘apportioned to’’ in the first

sentence and all that follows through ‘‘shall be’’in the second sentence; and

(B) by striking ‘‘section 104(b)(1)’’ and insert-ing ‘‘section 104(b)’’; and

(5) in subsections (f) and (g) by striking‘‘highway safety improvement projects’’ eachplace it appears and inserting ‘‘safety improve-ment projects’’.SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.

(a) CRASH CUSHIONS.—(1) GUIDANCE.—Not later than 18 months after

the date of enactment of this Act, the Secretaryshall issue guidance regarding the benefits andsafety performance of redirective andnonredirective crash cushions in different roadapplications, taking into consideration roadwayconditions, operating speed limits, the locationof the crash cushion in the right-of-way, andany other relevant factors. The guidance shallinclude recommendations on the most appro-priate circumstances for utilization of redirec-tive and nonredirective crash cushions.

(2) USE OF GUIDANCE.—States shall use theguidance issued under this subsection in evalu-ating the safety and cost-effectiveness of utiliz-ing different crash cushion designs and deter-mining whether directive or nonredirective crashcushions or other safety appurtenances shouldbe installed at specific highway locations.

(b) TRAFFIC FLOW AND SAFETY APPLICATIONSOF ROAD BARRIERS.—

(1) STUDY.—The Secretary shall conduct astudy on the technologies and methods to en-hance safety, streamline construction, and im-prove capacity by providing positive separationat all times between traffic, equipment, andworkers on highway construction projects. Thestudy shall also address how such technologiescan be used to improve capacity and safety atthose specific highway, bridge, and other appro-priate locations where reversible lane,contraflow, and high occupancy vehicle laneoperations are implemented during peak trafficperiods.

(2) USES TO CONSIDER.—In conducting thestudy, the Secretary shall consider, at a mini-mum, uses of positive separation technologies re-lated to—

(A) separating workers from traffic flow whenwork is in progress;

(B) providing additional safe work space byutilizing adjacent and available traffic lanesduring off-peak hours;

(C) rapid deployment to allow for daily orperiodic restoration of lanes for use by trafficduring peak hours as needed;

(D) mitigating congestion caused by construc-tion by—

(i) opening all adjacent and available lanes totraffic during peak traffic hours; or

(ii) using reversible lanes to optimize capacityof the highway by adjusting to directional traf-fic flow; and

(E) permanent use of positive separation tech-nologies to create contraflow or reversible lanesto increase the capacity of congested highways,bridges, and tunnels.

(3) REPORT.—Not later than 18 months afterthe date of enactment of this Act, the Secretaryshall submit to Congress a report on the resultsof the study. The report shall include findingsand recommendations for the use of the tech-nologies referred to in paragraph (2) to providepositive separation on appropriate projects.SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE

OF SEAT BELTS.(a) IN GENERAL.—Chapter 1 of title 23, United

States Code, is amended by striking section 157and inserting the following:‘‘§ 157. Safety incentive grants for use of seat

belts‘‘(a) DEFINITIONS.—In this section, the follow-

ing definitions apply:‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi-

cle’ means a vehicle driven or drawn by me-

chanical power and manufactured primarily foruse on public highways, but does not include avehicle operated solely on a rail line.

‘‘(2) MULTIPURPOSE PASSENGER MOTOR VEHI-CLE.—The term ‘multipurpose passenger motorvehicle’ means a motor vehicle with motivepower (except a trailer), designed to carry notmore than 10 individuals, that is constructed ona truck chassis or is constructed with specialfeatures for occasional off-road operation.

‘‘(3) NATIONAL AVERAGE SEAT BELT USERATE.—The term ‘national average seat belt userate’ means, in the case of each of calendaryears 1996 through 2001, the national averageseat belt use rate for that year, as determined bythe Secretary.

‘‘(4) PASSENGER CAR.—The term ‘passengercar’ means a motor vehicle with motive power(except a multipurpose passenger motor vehicle,motorcycle, or trailer) designed to carry notmore than 10 individuals.

‘‘(5) PASSENGER MOTOR VEHICLE.—The term‘passenger motor vehicle’ means a passenger caror a multipurpose passenger motor vehicle.

‘‘(6) SAVINGS TO THE FEDERAL GOVERNMENT.—The term ‘savings to the Federal Government’means the amount of Federal budget savings re-lating to Federal medical costs (including sav-ings under the medicare and medicaid programsunder titles XVIII and XIX of the Social Secu-rity Act (42 U.S.C. 1395 et seq.)), as determinedby the Secretary.

‘‘(7) SEAT BELT.—The term ‘seat belt’ means—‘‘(A) with respect to an open-body passenger

motor vehicle, including a convertible, an occu-pant restraint system consisting of a lap belt ora lap belt and a detachable shoulder belt; and

‘‘(B) with respect to any other passengermotor vehicle, an occupant restraint system con-sisting of integrated lap and shoulder belts.

‘‘(8) STATE SEAT BELT USE RATE.—The term‘State seat belt use rate’ means the rate of useof seat belts in passenger motor vehicles in aState, as measured and submitted to the Sec-retary—

‘‘(A) for each of calendar years 1996 and 1997,by the State, as weighted by the Secretary to en-sure national consistency in methods of meas-urement (as determined by the Secretary); and

‘‘(B) for each of calendar years 1998 through2001, by the State in a manner consistent withthe criteria established by the Secretary undersubsection (e).

‘‘(b) DETERMINATIONS BY THE SECRETARY.—Not later than September 1, 1998, and September1 of each calendar year thereafter through Sep-tember 1, 2002, the Secretary shall determine—

‘‘(1)(A) which States had, for each of the pre-vious calendar years (in this subsection referredto as the ‘previous calendar year’) and the yearpreceding the previous calendar year, a Stateseat belt use rate greater than the national av-erage seat belt use rate for that year; and

‘‘(B) in the case of each State described insubparagraph (A), the amount that is equal tothe savings to the Federal Government due tothe amount by which the State seat belt use ratefor the previous calendar year exceeds the na-tional average seat belt use rate for that year;and

‘‘(2) in the case of each State that is not aState described in paragraph (1)(A)—

‘‘(A) the base seat belt use rate of the State,which shall be equal to the highest State seatbelt use rate for the State for any calendar yearduring the period of 1996 through the calendaryear preceding the previous calendar year; and

‘‘(B) the amount that is equal to the savingsto the Federal Government due to any increasein the State seat belt use rate for the previouscalendar year over the base seat belt use ratedetermined under subparagraph (A).

‘‘(c) ALLOCATIONS.—‘‘(1) STATES WITH GREATER THAN THE NA-

TIONAL AVERAGE SEAT BELT USE RATE.—Not laterthan October 1, 1998, and each October 1 there-after through October 1, 2002, the Secretaryshall allocate to each State described in sub-

section (b)(1)(A) an amount equal to the amountdetermined for the State under subsection(b)(1)(B).

‘‘(2) OTHER STATES.—Not later than October 1,1998, and each October 1 thereafter through Oc-tober 1, 2002, the Secretary shall allocate to eachState described in subsection (b)(2) an amountequal to the amount determined for the Stateunder subsection (b)(2)(B).

‘‘(d) USE OF AMOUNTS.—For each fiscal year,each State that is allocated an amount underthis section shall use the amount for projects eli-gible for assistance under this title.

‘‘(e) CRITERIA.—Not later than 180 days afterthe date of enactment of this section, the Sec-retary shall establish criteria for the measure-ment of State seat belt use rates by States to en-sure that the measurements are accurate andrepresentative.

‘‘(f) INNOVATIVE SEAT BELT PROJECT ALLOCA-TIONS.—

‘‘(1) IN GENERAL.—The Secretary shall useamounts made available under subsection (g)(3)to make allocations to States to carry out inno-vative projects to promote increased seat belt userates.

‘‘(2) DETERMINATION OF ELIGIBILITY.—To beeligible to receive an allocation under this sub-section for a fiscal year, a State shall—

‘‘(A) develop a plan for innovative projects de-scribed in paragraph (1); and

‘‘(B) submit the plan to the Secretary not laterthan March 1 of the fiscal year.

‘‘(3) PLAN SELECTION.—‘‘(A) CRITERIA.—Not later than December 1,

1998, the Secretary shall establish criteria forthe selection of State plans for allocations underthis subsection.

‘‘(B) SELECTION.—The Secretary shall selectState plans for allocations under this subsectionin accordance with the criteria establishedunder subparagraph (A).

‘‘(C) STATES.—In carrying out this paragraph,the Secretary shall ensure, to the maximum ex-tent practicable, demographic and geographicdiversity and a diversity of seat belt use ratesamong the States selected for allocations.

‘‘(4) ALLOCATION.—Not later than October 1,1999, and each October 1 thereafter through Oc-tober 1, 2002, the Secretary shall allocate fundsto the States whose plans were selected underparagraph (3).

‘‘(5) AMOUNT OF ALLOCATIONS.—Subject to theavailability of unallocated amounts under sub-section (g)(3), the amount of each allocation toa State under this subsection shall be not lessthan $100,000 for each fiscal year that is coveredby a State plan.

‘‘(6) USE OF ALLOCATIONS.—An allocation to aState under this subsection shall be used tocarry out the innovative seat belt projects de-scribed in the State plan for which the alloca-tion is awarded.

‘‘(7) FEDERAL SHARE.—The Federal share ofthe cost of an innovative seat belt project underthis section shall be 100 percent.

‘‘(8) PERIOD OF AVAILABILITY.—Amounts allo-cated to a State under this subsection shall re-main available for obligation in the State for aperiod of 3 years after the last day of the fiscalyear for which the amounts are allocated.

‘‘(g) FUNDING.—‘‘(1) IN GENERAL.—There is authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this section $82,000,000 for fiscal year 1999,$92,000,000 for fiscal year 2000, $102,000,000 forfiscal year 2001, $112,000,000 for fiscal year 2002,and $112,000,000 for fiscal year 2003.

‘‘(2) PROPORTIONATE ADJUSTMENT.—If thetotal amounts to be allocated under subsection(c) for any fiscal year would exceed the amountsauthorized for the fiscal year under paragraph(1), the allocation to each State under sub-section (c) shall be reduced proportionately.

‘‘(3) USE OF UNALLOCATED FUNDS.—‘‘(A) FISCAL YEAR 1999.—To the extent that the

amounts made available for fiscal year 1999

CONGRESSIONAL RECORD — HOUSEH3828 May 22, 1998under paragraph (1) exceed the total amounts tobe allocated under subsection (c) for fiscal year1999, the excess amounts—

‘‘(i) shall be apportioned in accordance withsection 104(b)(3);

‘‘(ii) shall be considered to be sums madeavailable for expenditure on the surface trans-portation program, except that the amountsshall not be subject to section 133(d); and

‘‘(iii) shall be available for any purpose eligi-ble for funding under section 133.

‘‘(B) FISCAL YEARS 2000 THROUGH 2003.—To theextent that the amounts made available for anyof fiscal years 2000 through 2003 under para-graph (1) exceed the total amounts to be allo-cated under subsection (c) for the fiscal year,the excess amounts shall be used to make alloca-tions under subsection (f).’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of title 23, United States Code, isamended by striking the item relating to section157 and inserting the following:

‘‘157. Safety incentive grants for use of seatbelts.’’.

(c) SAVINGS CLAUSE.—The amendment madeby subsection (a) shall not affect any funds ap-portioned or allocated before the date of enact-ment of this Act.

SEC. 1404. SAFETY INCENTIVES TO PREVENT OP-ERATION OF MOTOR VEHICLES BYINTOXICATED PERSONS.

(a) IN GENERAL.—Chapter 1 of title 23, UnitedStates Code, is amended by adding at the endthe following:

‘‘§ 163. Safety incentives to prevent operationof motor vehicles by intoxicated persons

‘‘(a) GENERAL AUTHORITY.—The Secretaryshall make a grant, in accordance with this sec-tion, to any State that has enacted and is en-forcing a law that provides that any personwith a blood alcohol concentration of 0.08 per-cent or greater while operating a motor vehiclein the State shall be deemed to have committeda per se offense of driving while intoxicated (oran equivalent per se offense).

‘‘(b) GRANTS.—For each fiscal year, funds au-thorized to carry out this section shall be appor-tioned to each State that has enacted and is en-forcing a law meeting the requirements of sub-section (a) in an amount determined by mul-tiplying—

‘‘(1) the amount authorized to carry out thissection for the fiscal year; by

‘‘(2) the ratio that the amount of funds appor-tioned to each such State under section 402 forsuch fiscal year bears to the total amount offunds apportioned to all such States under sec-tion 402 for such fiscal year.

‘‘(c) USE OF GRANTS.—A State may obligatefunds apportioned under subsection (b) for anyproject eligible for assistance under this title.

‘‘(d) FEDERAL SHARE.—The Federal share ofthe cost of a project funded under this sectionshall be 100 percent.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—‘‘(1) IN GENERAL.—There are authorized to be

appropriated out of the Highway Trust Fund(other than the Mass Transit Account) to carryout this section $55,000,000 for fiscal year 1998,$65,000,000 for fiscal year 1999, $80,000,000 forfiscal year 2000, $90,000,000 for fiscal year 2001,$100,000,000 for fiscal year 2002, and $110,000,000for fiscal year 2003.

‘‘(2) AVAILABILITY OF FUNDS.—Notwithstand-ing section 118(b)(2), the funds authorized bythis subsection shall remain available until ex-pended.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 1 of title 23, United States Code, isamended by adding at the end the following:

‘‘Sec. 163. Safety incentives to prevent operationof motor vehicles by intoxicatedpersons.’’.

Subtitle E—FinanceCHAPTER 1—TRANSPORTATION INFRA-

STRUCTURE FINANCE AND INNOVATIONSEC. 1501. SHORT TITLE.

This chapter may be cited as the ‘‘Transpor-tation Infrastructure Finance and InnovationAct of 1998’’.SEC. 1502. FINDINGS.

Congress finds that—(1) a well-developed system of transportation

infrastructure is critical to the economic well-being, health, and welfare of the people of theUnited States;

(2) traditional public funding techniques suchas grant programs are unable to keep pace withthe infrastructure investment needs of theUnited States because of budgetary constraintsat the Federal, State, and local levels of govern-ment;

(3) major transportation infrastructure facili-ties that address critical national needs, such asintermodal facilities, border crossings, andmultistate trade corridors, are of a scale that ex-ceeds the capacity of Federal and State assist-ance programs in effect on the date of enact-ment of this Act;

(4) new investment capital can be attracted toinfrastructure projects that are capable of gen-erating their own revenue streams through usercharges or other dedicated funding sources; and

(5) a Federal credit program for projects of na-tional significance can complement existingfunding resources by filling market gaps, there-by leveraging substantial private co-investment.SEC. 1503. ESTABLISHMENT OF PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, UnitedStates Code, is amended by adding at the endthe following:

‘‘SUBCHAPTER II—INFRASTRUCTUREFINANCE

‘‘§ 181. Definitions‘‘In this subchapter, the following definitions

apply:‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli-

gible project costs’ means amounts substantiallyall of which are paid by, or for the account of,an obligor in connection with a project, includ-ing the cost of—

‘‘(A) development phase activities, includingplanning, feasibility analysis, revenue forecast-ing, environmental review, permitting, prelimi-nary engineering and design work, and otherpreconstruction activities;

‘‘(B) construction, reconstruction, rehabilita-tion, replacement, and acquisition of real prop-erty (including land related to the project andimprovements to land), environmental mitiga-tion, construction contingencies, and acquisi-tion of equipment; and

‘‘(C) capitalized interest necessary to meetmarket requirements, reasonably required re-serve funds, capital issuance expenses, andother carrying costs during construction.

‘‘(2) FEDERAL CREDIT INSTRUMENT.—The term‘Federal credit instrument’ means a securedloan, loan guarantee, or line of credit author-ized to be made available under this subchapterwith respect to a project.

‘‘(3) INVESTMENT-GRADE RATING.—The term‘investment-grade rating’ means a rating cat-egory of BBB minus, Baa3, or higher assignedby a rating agency to project obligations offeredinto the capital markets.

‘‘(4) LENDER.—The term ‘lender’ means anynon-Federal qualified institutional buyer (as de-fined in section 230.144A(a) of title 17, Code ofFederal Regulations (or any successor regula-tion), known as Rule 144A(a) of the Securitiesand Exchange Commission and issued under theSecurities Act of 1933 (15 U.S.C. 77a et seq.)), in-cluding—

‘‘(A) a qualified retirement plan (as defined insection 4974(c) of the Internal Revenue Code of1986) that is a qualified institutional buyer; and

‘‘(B) a governmental plan (as defined in sec-tion 414(d) of the Internal Revenue Code of1986) that is a qualified institutional buyer.

‘‘(5) LINE OF CREDIT.—The term ‘line of credit’means an agreement entered into by the Sec-retary with an obligor under section 184 to pro-vide a direct loan at a future date upon the oc-currence of certain events.

‘‘(6) LOAN GUARANTEE.—The term ‘loan guar-antee’ means any guarantee or other pledge bythe Secretary to pay all or part of the principalof and interest on a loan or other debt obliga-tion issued by an obligor and funded by a lend-er.

‘‘(7) LOCAL SERVICER.—The term ‘localservicer’ means—

‘‘(A) a State infrastructure bank establishedunder this title; or

‘‘(B) a State or local government or any agen-cy of a State or local government that is respon-sible for servicing a Federal credit instrument onbehalf of the Secretary.

‘‘(8) OBLIGOR.—The term ‘obligor’ means aparty primarily liable for payment of the prin-cipal of or interest on a Federal credit instru-ment, which party may be a corporation, part-nership, joint venture, trust, or governmentalentity, agency, or instrumentality.

‘‘(9) PROJECT.—The term ‘project’ means—‘‘(A) any surface transportation project eligi-

ble for Federal assistance under this title orchapter 53 of title 49;

‘‘(B) a project for an international bridge ortunnel for which an international entity au-thorized under Federal or State law is respon-sible.

‘‘(C) a project for intercity passenger bus orrail facilities and vehicles, including facilitiesand vehicles owned by the National RailroadPassenger Corporation and components of mag-netic levitation transportation systems; and

‘‘(D) a project for publicly owned intermodalsurface freight transfer facilities, other thanseaports and airports, if the facilities are locatedon or adjacent to National Highway Systemroutes or connections to the National HighwaySystem.

‘‘(10) PROJECT OBLIGATION.—The term ‘projectobligation’ means any note, bond, debenture, orother debt obligation issued by an obligor inconnection with the financing of a project,other than a Federal credit instrument.

‘‘(11) RATING AGENCY.—The term ‘rating agen-cy’ means a bond rating agency identified bythe Securities and Exchange Commission as aNationally Recognized Statistical Rating Orga-nization.

‘‘(12) SECURED LOAN.—The term ‘secured loan’means a direct loan or other debt obligationissued by an obligor and funded by the Sec-retary in connection with the financing of aproject under section 183.

‘‘(13) STATE.—The term ‘State’ has the mean-ing given the term in section 101.

‘‘(14) SUBSIDY AMOUNT.—The term ‘subsidyamount’ means the amount of budget authoritysufficient to cover the estimated long-term costto the Federal Government of a Federal creditinstrument, calculated on a net present valuebasis, excluding administrative costs and anyincidental effects on governmental receipts oroutlays in accordance with the provisions of theFederal Credit Reform Act of 1990 (2 U.S.C. 661et seq.).

‘‘(15) SUBSTANTIAL COMPLETION.—The term‘substantial completion’ means the opening of aproject to vehicular or passenger traffic.‘‘§ 182. Determination of eligibility and project

selection‘‘(a) ELIGIBILITY.—To be eligible to receive fi-

nancial assistance under this subchapter, aproject shall meet the following criteria:

‘‘(1) INCLUSION IN TRANSPORTATION PLANS ANDPROGRAMS.—The project—

‘‘(A) shall be included in the State transpor-tation plan required under section 135; and

‘‘(B) at such time as an agreement to makeavailable a Federal credit instrument is enteredinto under this subchapter, shall be included inthe approved State transportation improvementprogram required under section 134.

CONGRESSIONAL RECORD — HOUSE H3829May 22, 1998‘‘(2) APPLICATION.—A State, a local servicer

identified under section 185(a), or the entity un-dertaking the project shall submit a project ap-plication to the Secretary.

‘‘(3) ELIGIBLE PROJECT COSTS.—‘‘(A) IN GENERAL.—Except as provided in sub-

paragraph (B), to be eligible for assistanceunder this subchapter, a project shall have eligi-ble project costs that are reasonably anticipatedto equal or exceed the lesser of—

‘‘(i) $100,000,000; or‘‘(ii) 50 percent of the amount of Federal high-

way assistance funds apportioned for the mostrecently completed fiscal year to the State inwhich the project is located.

‘‘(B) INTELLIGENT TRANSPORTATION SYSTEMPROJECTS.—In the case of a project principallyinvolving the installation of an intelligenttransportation system, eligible project costs shallbe reasonably anticipated to equal or exceed$30,000,000.

‘‘(4) DEDICATED REVENUE SOURCES.—Projectfinancing shall be repayable, in whole or inpart, from tolls, user fees, or other dedicatedrevenue sources.

‘‘(5) PUBLIC SPONSORSHIP OF PRIVATE ENTI-TIES.—In the case of a project that is under-taken by an entity that is not a State or localgovernment or an agency or instrumentality ofa State or local government, the project that theentity is undertaking shall be publicly spon-sored as provided in paragraphs (1) and (2).

‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.—‘‘(1) ESTABLISHMENT.—The Secretary shall es-

tablish criteria for selecting among projects thatmeet the eligibility criteria specified in sub-section (a).

‘‘(2) SELECTION CRITERIA.—‘‘(A) IN GENERAL.—The selection criteria shall

include the following:‘‘(i) The extent to which the project is nation-

ally or regionally significant, in terms of gener-ating economic benefits, supporting inter-national commerce, or otherwise enhancing thenational transportation system.

‘‘(ii) The creditworthiness of the project, in-cluding a determination by the Secretary thatany financing for the project has appropriatesecurity features, such as a rate covenant, toensure repayment.

‘‘(iii) The extent to which assistance underthis subchapter would foster innovative public-private partnerships and attract private debt orequity investment.

‘‘(iv) The likelihood that assistance under thissubchapter would enable the project to proceedat an earlier date than the project would other-wise be able to proceed.

‘‘(v) The extent to which the project uses newtechnologies, including intelligent transpor-tation systems, that enhance the efficiency ofthe project.

‘‘(vi) The amount of budget authority requiredto fund the Federal credit instrument madeavailable under this subchapter.

‘‘(vii) The extent to which the project helpsmaintain or protect the environment.

‘‘(viii) The extent to which assistance underthis chapter would reduce the contribution ofFederal grant assistance to the project.

‘‘(B) PRELIMINARY RATING OPINION LETTER.—For purposes of subparagraph (A)(ii), the Sec-retary shall require each project applicant toprovide a preliminary rating opinion letter fromat least 1 rating agency indicating that theproject’s senior obligations have the potential toachieve an investment-grade rating.

‘‘(c) FEDERAL REQUIREMENTS.—In addition tothe requirements of this title for highwayprojects, chapter 53 of title 49 for transitprojects, and section 5333(a) of title 49 for railprojects, the following provisions of law shallapply to funds made available under this sub-chapter and projects assisted with the funds:

‘‘(1) Title VI of the Civil Rights Act of 1964 (42U.S.C. 2000d et seq.).

‘‘(2) The National Environmental Policy Actof 1969 (42 U.S.C. 4321 et seq.).

‘‘(3) The Uniform Relocation Assistance andReal Property Acquisition Policies Act of 1970(42 U.S.C. 4601 et seq.).

‘‘§ 183. Secured loans‘‘(a) IN GENERAL.—‘‘(1) AGREEMENTS.—Subject to paragraphs (2)

through (4), the Secretary may enter into agree-ments with 1 or more obligors to make securedloans, the proceeds of which shall be used—

‘‘(A) to finance eligible project costs; or‘‘(B) to refinance interim construction financ-

ing of eligible project costs;of any project selected under section 182.

‘‘(2) LIMITATION ON REFINANCING OF INTERIMCONSTRUCTION FINANCING.—A loan under para-graph (1) shall not refinance interim construc-tion financing under paragraph (1)(B) laterthan 1 year after the date of substantial comple-tion of the project.

‘‘(3) RISK ASSESSMENT.—Before entering intoan agreement under this subsection, the Sec-retary, in consultation with the Director of theOffice of Management and Budget and eachrating agency providing a preliminary ratingopinion letter under section 182(b)(2)(B), shalldetermine an appropriate capital reserve subsidyamount for each secured loan, taking into ac-count such letter.

‘‘(4) INVESTMENT-GRADE RATING REQUIRE-MENT.—The funding of a secured loan underthis section shall be contingent on the project’ssenior obligations receiving an investment-graderating, except that—

‘‘(A) the Secretary may fund an amount ofthe secured loan not to exceed the capital re-serve subsidy amount determined under para-graph (3) prior to the obligations receiving aninvestment-grade rating; and

‘‘(B) the Secretary may fund the remainingportion of the secured loan only after the obli-gations have received an investment-grade rat-ing by at least 1 rating agency.

‘‘(b) TERMS AND LIMITATIONS.—‘‘(1) IN GENERAL.—A secured loan under this

section with respect to a project shall be on suchterms and conditions and contain such cov-enants, representations, warranties, and re-quirements (including requirements for audits)as the Secretary determines appropriate.

‘‘(2) MAXIMUM AMOUNT.—The amount of thesecured loan shall not exceed 33 percent of thereasonably anticipated eligible project costs.

‘‘(3) PAYMENT.—The secured loan—‘‘(A) shall—‘‘(i) be payable, in whole or in part, from tolls,

user fees, or other dedicated revenue sources;and

‘‘(ii) include a rate covenant, coverage re-quirement, or similar security feature supportingthe project obligations; and

‘‘(B) may have a lien on revenues described insubparagraph (A) subject to any lien securingproject obligations.

‘‘(4) INTEREST RATE.—The interest rate on thesecured loan shall be not less than the yield onmarketable United States Treasury securities ofa similar maturity to the maturity of the securedloan on the date of execution of the loan agree-ment.

‘‘(5) MATURITY DATE.—The final maturitydate of the secured loan shall be not later than35 years after the date of substantial completionof the project.

‘‘(6) NONSUBORDINATION.—The secured loanshall not be subordinated to the claims of anyholder of project obligations in the event ofbankruptcy, insolvency, or liquidation of the ob-ligor.

‘‘(7) FEES.—The Secretary may establish feesat a level sufficient to cover all or a portion ofthe costs to the Federal Government of makinga secured loan under this section.

‘‘(8) NON-FEDERAL SHARE.—The proceeds of asecured loan under this subchapter may be usedfor any non-Federal share of project costs re-quired under this title or chapter 53 of title 49,if the loan is repayable from non-Federal funds.

‘‘(c) REPAYMENT.—‘‘(1) SCHEDULE.—The Secretary shall establish

a repayment schedule for each secured loanunder this section based on the projected cashflow from project revenues and other repaymentsources.

‘‘(2) COMMENCEMENT.—Scheduled loan repay-ments of principal or interest on a secured loanunder this section shall commence not later than5 years after the date of substantial completionof the project.

‘‘(3) SOURCES OF REPAYMENT FUNDS.—Thesources of funds for scheduled loan repaymentsunder this section shall include tolls, user fees,or other dedicated revenue sources.

‘‘(4) DEFERRED PAYMENTS.—‘‘(A) AUTHORIZATION.—If, at any time during

the 10 years after the date of substantial com-pletion of the project, the project is unable togenerate sufficient revenues to pay the sched-uled loan repayments of principal and intereston the secured loan, the Secretary may, subjectto subparagraph (C), allow the obligor to addunpaid principal and interest to the outstandingbalance of the secured loan.

‘‘(B) INTEREST.—Any payment deferred undersubparagraph (A) shall—

‘‘(i) continue to accrue interest in accordancewith subsection (b)(4) until fully repaid; and

‘‘(ii) be scheduled to be amortized over the re-maining term of the loan beginning not laterthan 10 years after the date of substantial com-pletion of the project in accordance with para-graph (1).

‘‘(C) CRITERIA.—‘‘(i) IN GENERAL.—Any payment deferral

under subparagraph (A) shall be contingent onthe project meeting criteria established by theSecretary.

‘‘(ii) REPAYMENT STANDARDS.—The criteria es-tablished under clause (i) shall include stand-ards for reasonable assurance of repayment.

‘‘(5) PREPAYMENT.—‘‘(A) USE OF EXCESS REVENUES.—Any excess

revenues that remain after satisfying scheduleddebt service requirements on the project obliga-tions and secured loan and all deposit require-ments under the terms of any trust agreement,bond resolution, or similar agreement securingproject obligations may be applied annually toprepay the secured loan without penalty.

‘‘(B) USE OF PROCEEDS OF REFINANCING.—Thesecured loan may be prepaid at any time with-out penalty from the proceeds of refinancingfrom non-Federal funding sources.

‘‘(d) SALE OF SECURED LOANS.—‘‘(1) IN GENERAL.—Subject to paragraph (2), as

soon as practicable after substantial completionof a project and after notifying the obligor, theSecretary may sell to another entity or reofferinto the capital markets a secured loan for theproject if the Secretary determines that the saleor reoffering can be made on favorable terms.

‘‘(2) CONSENT OF OBLIGOR.—In making a saleor reoffering under paragraph (1), the Secretarymay not change the original terms and condi-tions of the secured loan without the writtenconsent of the obligor.

‘‘(e) LOAN GUARANTEES.—‘‘(1) IN GENERAL.—The Secretary may provide

a loan guarantee to a lender in lieu of makinga secured loan if the Secretary determines thatthe budgetary cost of the loan guarantee is sub-stantially the same as that of a secured loan.

‘‘(2) TERMS.—The terms of a guaranteed loanshall be consistent with the terms set forth inthis section for a secured loan, except that therate on the guaranteed loan and any prepay-ment features shall be negotiated between theobligor and the lender, with the consent of theSecretary.

‘‘§ 184. Lines of credit‘‘(a) IN GENERAL.—‘‘(1) AGREEMENTS.—Subject to paragraphs (2)

through (4), the Secretary may enter into agree-ments to make available lines of credit to 1 ormore obligors in the form of direct loans to be

CONGRESSIONAL RECORD — HOUSEH3830 May 22, 1998made by the Secretary at future dates on the oc-currence of certain events for any project se-lected under section 182.

‘‘(2) USE OF PROCEEDS.—The proceeds of aline of credit made available under this sectionshall be available to pay debt service on projectobligations issued to finance eligible projectcosts, extraordinary repair and replacementcosts, operation and maintenance expenses, andcosts associated with unexpected Federal orState environmental restrictions.

‘‘(3) RISK ASSESSMENT.—Before entering intoan agreement under this subsection, the Sec-retary, in consultation with the Director of theOffice of Management and Budget and eachrating agency providing a preliminary ratingopinion letter under section 182(b)(2)(B), shalldetermine an appropriate capital reserve subsidyamount for each line of credit, taking into ac-count such letter.

‘‘(4) INVESTMENT-GRADE RATING REQUIRE-MENT.—The funding of a line of credit underthis section shall be contingent on the project’ssenior obligations receiving an investment-graderating from at least 1 rating agency.

‘‘(b) TERMS AND LIMITATIONS.—‘‘(1) IN GENERAL.—A line of credit under this

section with respect to a project shall be on suchterms and conditions and contain such cov-enants, representations, warranties, and re-quirements (including requirements for audits)as the Secretary determines appropriate.

‘‘(2) MAXIMUM AMOUNTS.—‘‘(A) TOTAL AMOUNT.—The total amount of

the line of credit shall not exceed 33 percent ofthe reasonably anticipated eligible project costs.

‘‘(B) 1-YEAR DRAWS.—The amount drawn inany 1 year shall not exceed 20 percent of thetotal amount of the line of credit.

‘‘(3) DRAWS.—Any draw on the line of creditshall represent a direct loan and shall be madeonly if net revenues from the project (includingcapitalized interest, any debt service reservefund, and any other available reserve) are in-sufficient to pay the costs specified in subsection(a)(2).

‘‘(4) INTEREST RATE.—The interest rate on adirect loan resulting from a draw on the line ofcredit shall be not less than the yield on 30-yearmarketable United States Treasury securities asof the date on which the line of credit is obli-gated.

‘‘(5) SECURITY.—The line of credit—‘‘(A) shall—‘‘(i) be payable, in whole or in part, from tolls,

user fees, or other dedicated revenue sources;and

‘‘(ii) include a rate covenant, coverage re-quirement, or similar security feature supportingthe project obligations; and

‘‘(B) may have a lien on revenues described insubparagraph (A) subject to any lien securingproject obligations.

‘‘(6) PERIOD OF AVAILABILITY.—The line ofcredit shall be available during the period begin-ning on the date of substantial completion ofthe project and ending not later than 10 yearsafter that date.

‘‘(7) RIGHTS OF THIRD PARTY CREDITORS.—‘‘(A) AGAINST FEDERAL GOVERNMENT.—A third

party creditor of the obligor shall not have anyright against the Federal Government with re-spect to any draw on the line of credit.

‘‘(B) ASSIGNMENT.—An obligor may assign theline of credit to 1 or more lenders or to a trusteeon the lenders’ behalf.

‘‘(8) NONSUBORDINATION.—A direct loan underthis section shall not be subordinated to theclaims of any holder of project obligations in theevent of bankruptcy, insolvency, or liquidationof the obligor.

‘‘(9) FEES.—The Secretary may establish feesat a level sufficient to cover all or a portion ofthe costs to the Federal Government of provid-ing a line of credit under this section.

‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRU-MENTS.—A project that receives a line of creditunder this section also shall not receive a se-

cured loan or loan guarantee under section 183of an amount that, combined with the amountof the line of credit, exceeds 33 percent of eligi-ble project costs.

‘‘(c) REPAYMENT.—‘‘(1) TERMS AND CONDITIONS.—The Secretary

shall establish repayment terms and conditionsfor each direct loan under this section based onthe projected cash flow from project revenuesand other repayment sources.

‘‘(2) TIMING.—All scheduled repayments ofprincipal or interest on a direct loan under thissection shall commence not later than 5 yearsafter the end of the period of availability speci-fied in subsection (b)(6) and be fully repaid,with interest, by the date that is 25 years afterthe end of the period of availability specified insubsection (b)(6).

‘‘(3) SOURCES OF REPAYMENT FUNDS.—Thesources of funds for scheduled loan repaymentsunder this section shall include tolls, user fees,or other dedicated revenue sources.‘‘§ 185. Project servicing

‘‘(a) REQUIREMENT.—The State in which aproject that receives financial assistance underthis subchapter is located may identify a localservicer to assist the Secretary in servicing theFederal credit instrument made available underthis subchapter.

‘‘(b) AGENCY; FEES.—If a State identifies alocal servicer under subsection (a), the localservicer—

‘‘(1) shall act as the agent for the Secretary;and

‘‘(2) may receive a servicing fee, subject to ap-proval by the Secretary.

‘‘(c) LIABILITY.—A local servicer identifiedunder subsection (a) shall not be liable for theobligations of the obligor to the Secretary or anylender.

‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—TheSecretary may retain the services of expert firmsin the field of municipal and project finance toassist in the underwriting and servicing of Fed-eral credit instruments.‘‘§ 186. State and local permits

‘‘The provision of financial assistance underthis subchapter with respect to a project shallnot—

‘‘(1) relieve any recipient of the assistance ofany obligation to obtain any required State orlocal permit or approval with respect to theproject;

‘‘(2) limit the right of any unit of State orlocal government to approve or regulate anyrate of return on private equity invested in theproject; or

‘‘(3) otherwise supersede any State or locallaw (including any regulation) applicable to theconstruction or operation of the project.‘‘§ 187. Regulations

‘‘The Secretary may issue such regulations asthe Secretary determines appropriate to carryout this subchapter.‘‘§ 188. Funding

‘‘(a) FUNDING.—‘‘(1) IN GENERAL.—There are authorized to be

appropriated from the Highway Trust Fund(other than the Mass Transit Account) to carryout this subchapter—

‘‘(A) $80,000,000 for fiscal year 1999;‘‘(B) $90,000,000 for fiscal year 2000;‘‘(C) $110,000,000 for fiscal year 2001;‘‘(D) $120,000,000 for fiscal year 2002; and‘‘(E) $130,000,000 for fiscal year 2003.‘‘(2) ADMINISTRATIVE COSTS.—From funds

made available under paragraph (1), the Sec-retary may use, for the administration of thissubchapter, not more than $2,000,000 for each offiscal years 1998 through 2003.

‘‘(3) AVAILABILITY.—Amounts made availableunder paragraph (1) shall remain availableuntil expended.

‘‘(b) CONTRACT AUTHORITY.—‘‘(1) IN GENERAL.—Notwithstanding any other

provision of law, approval by the Secretary of a

Federal credit instrument that uses funds madeavailable under this subchapter shall be deemedto be acceptance by the United States of a con-tractual obligation to fund the Federal credit in-strument.

‘‘(2) AVAILABILITY.—Amounts authorizedunder this section for a fiscal year shall beavailable for obligation on October 1 of the fis-cal year.

‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—Foreach of fiscal years 1998 through 2003, principalamounts of Federal credit instruments madeavailable under this subchapter shall be limitedto the amounts specified in the following table:

Maximum amount‘‘Fiscal year: of credit:

1998 ................................. $1,200,000,0001999 ................................. $1,200,000,0002000 ................................. $1,800,000,0002001 ................................. $1,800,000,0002002 ................................. $2,300,000,0002003 ................................. $2,300,000,000.

‘‘§ 189. Report to Congress‘‘Not later than 4 years after the date of en-

actment of this subchapter, the Secretary shallsubmit to Congress a report summarizing the fi-nancial performance of the projects that are re-ceiving, or have received, assistance under thissubchapter, including a recommendation as towhether the objectives of this subchapter arebest served—

‘‘(1) by continuing the program under the au-thority of the Secretary;

‘‘(2) by establishing a Government corporationor Government-sponsored enterprise to admin-ister the program; or

‘‘(3) by phasing out the program and relyingon the capital markets to fund the types of in-frastructure investments assisted by this sub-chapter without Federal participation.’’.

(b) CONFORMING AMENDMENTS.—Chapter 1 oftitle 23, United States Code, is amended—

(1) in the analysis—(A) by inserting before ‘‘Sec.’’ the following:

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’;

and(B) by adding at the end the following:

‘‘SUBCHAPTER II—INFRASTRUCTUREFINANCE

‘‘181. Definitions.‘‘182. Determination of eligibility and project se-

lection.‘‘183. Secured loans.‘‘184. Lines of credit.‘‘185. Project servicing.‘‘186. State and local permits.‘‘187. Regulations.‘‘188. Funding.‘‘189. Report to Congress.’’;and

(2) by inserting before section 101 the follow-ing:

‘‘SUBCHAPTER I—GENERAL PROVISIONS’’.

SEC. 1504. DUTIES OF THE SECRETARY.Section 301 of title 49, United States Code, is

amended—(1) in paragraph (7) by striking ‘‘and’’ at the

end;(2) in paragraph (8) by striking the period at

the end and inserting ‘‘; and’’; and(3) by adding at the end the following:‘‘(9) develop and coordinate Federal policy on

financing transportation infrastructure, includ-ing the provision of direct Federal credit assist-ance and other techniques used to leverage Fed-eral transportation funds.’’.

CHAPTER 2—STATE INFRASTRUCTUREBANK PILOT PROGRAM

SEC. 1511. STATE INFRASTRUCTURE BANK PILOTPROGRAM.

(a) DEFINITIONS.—In this section:(1) OTHER ASSISTANCE.—The term ‘‘other as-

sistance’’ includes any use of funds in an infra-structure bank—

(A) to provide credit enhancements;

CONGRESSIONAL RECORD — HOUSE H3831May 22, 1998(B) to serve as a capital reserve for bond or

debt instrument financing;(C) to subsidize interest rates;(D) to ensure the issuance of letters of credit

and credit instruments;(E) to finance purchase and lease agreements

with respect to transit projects;(F) to provide bond or debt financing instru-

ment security; and(G) to provide other forms of debt financing

and methods of leveraging funds that are ap-proved by the Secretary and that relate to theproject with respect to which the assistance isbeing provided.

(2) STATE.—The term ‘‘State’’ has the meaninggiven the term under section 401 of title 23,United States Code.

(b) COOPERATIVE AGREEMENTS.—(1) IN GENERAL.—(A) PURPOSE OF AGREEMENTS.—Subject to this

section, the Secretary may enter into coopera-tive agreements with the States of California,Florida, Missouri, and Rhode Island for the es-tablishment of State infrastructure banks andmultistate infrastructure banks for makingloans and providing other assistance to publicand private entities carrying out or proposing tocarry out projects eligible for assistance underthis section.

(B) CONTENTS OF AGREEMENTS.—Each cooper-ative agreement shall specify procedures andguidelines for establishing, operating, and pro-viding assistance from the infrastructure bank.

(2) INTERSTATE COMPACTS.—If 2 or more Statesenter into a cooperative agreement under para-graph (1) with the Secretary for the establish-ment of a multistate infrastructure bank, Con-gress grants consent to those States to enter intoan interstate compact establishing the bank inaccordance with this section.

(c) FUNDING.—(1) CONTRIBUTION.—Notwithstanding any

other provision of law, the Secretary may allow,subject to subsection (h)(1), a State that entersinto a cooperative agreement under this sectionto contribute to the infrastructure bank estab-lished by the State not to exceed—

(A)(i) the total amount of funds apportionedto the State under each of paragraphs (1), (3),and (4) of section 104(b) and section 144 of title23, United States Code, excluding funds setaside under paragraphs (1) and (2) of section133(d) of such title; and

(ii) the total amount of funds allocated to theState under section 105 of such title;

(B) the total amount of funds made availableto the State or other Federal transit grant recip-ient for capital projects (as defined in section5302 of title 49, United States Code) under sec-tions 5307, 5309, and 5311 of such title; and

(C) the total amount of funds made availableto the State under subtitle V of title 49, UnitedStates Code.

(2) CAPITALIZATION GRANT.—For the purposesof this section, Federal funds contributed to theinfrastructure bank under this subsection shallconstitute a capitalization grant for the infra-structure bank.

(3) SPECIAL RULE FOR URBANIZED AREAS OFOVER 200,000.—Funds that are apportioned or al-located to a State under section 104(b)(3) of title23, United States Code, and attributed to urban-ized areas of a State with a population of over200,000 individuals under section 133(d)(2) ofsuch title may be used to provide assistancefrom an infrastructure bank under this sectionwith respect to a project only if the metropolitanplanning organization designated for the areaconcurs, in writing, with the provision of the as-sistance.

(d) FORMS OF ASSISTANCE FROM INFRASTRUC-TURE BANKS.—

(1) IN GENERAL.—An infrastructure bank es-tablished under this section may make loans orprovide other assistance to a public or privateentity in an amount equal to all or part of thecost of carrying out a project eligible for assist-ance under this section.

(2) SUBORDINATION OF LOANS.—The amount ofany loan or other assistance provided for theproject may be subordinated to any other debtfinancing for the project.

(3) INITIAL ASSISTANCE.—Initial assistanceprovided with respect to a project from Federalfunds contributed to an infrastructure bankunder this section shall not be made in the formof a grant.

(e) QUALIFYING PROJECTS.—(1) IN GENERAL.—Subject to paragraph (2),

funds in an infrastructure bank establishedunder this section may be used only to provideassistance with respect to projects eligible for as-sistance under title 23, United States Code, forcapital projects (as defined in section 5302 oftitle 49, United States Code), or for any otherproject related to surface transportation thatthe Secretary determines to be appropriate.

(2) INTERSTATE FUNDS.—Funds contributed toan infrastructure bank from funds apportionedto a State under section 104(b)(4) of title 23,United States Code, may be used only to provideassistance with respect to projects eligible for as-sistance under such paragraph.

(3) RAIL PROGRAM FUNDS.—Funds contributedto an infrastructure bank from funds madeavailable to a State under subtitle V of title 49United States Code, shall be used in a mannerconsistent with any project description specifiedunder the law making the funds available to theState.

(f) INFRASTRUCTURE BANK REQUIREMENTS.—(1) IN GENERAL.—Subject to paragraph (2), in

order to establish an infrastructure bank underthis section, each State establishing such a bankshall—

(A) contribute, at a minimum, to the bankfrom non-Federal sources an amount equal to 25percent of the amount of each capitalizationgrant made to the State and contributed to thebank under subsection (c), except that if theState has a higher Federal share payable undersection 120(b) of title 23, United States Code, theState shall be required to contribute only anamount commensurate with the higher Federalshare;

(B) ensure that the bank maintains on a con-tinuing basis an investment grade rating on itsdebt issuances and its ability to pay claimsunder credit enhancement programs of thebank;

(C) ensure that investment income generatedby funds contributed to the bank will be—

(i) credited to the bank;(ii) available for use in providing loans and

other assistance to projects eligible for assist-ance from the bank; and

(iii) invested in United States Treasury securi-ties, bank deposits, or such other financing in-struments as the Secretary may approve to earninterest to enhance the leveraging of projects as-sisted by the bank;

(D) ensure that any loan from the bank willbear interest at or below market rates, as deter-mined by the State, to make the project that isthe subject of the loan feasible;

(E) ensure that repayment of the loan fromthe bank will commence not later than 5 yearsafter the project has been completed or, in thecase of a highway project, the facility hasopened to traffic, whichever is later;

(F) ensure that the term for repaying anyloan will not exceed the lesser of—

(i) 35 years after the date of the first paymenton the loan under subparagraph (E); or

(ii) the useful life of the investment; and(G) require the bank to make a biennial report

to the Secretary and to make such other reportsas the Secretary may require in guidelines.

(2) WAIVERS BY THE SECRETARY.—The Sec-retary may waive a requirement of any of sub-paragraphs (C) through (G) of paragraph (1)with respect to an infrastructure bank if theSecretary determines that the waiver is consist-ent with the objectives of this section.

(g) LIMITATION ON REPAYMENTS.—Notwith-standing any other provision of law, the repay-

ment of a loan or other assistance provided froman infrastructure bank under this section maynot be credited toward the non-Federal share ofthe cost of any project.

(h) SECRETARIAL REQUIREMENTS.—In admin-istering this section, the Secretary shall—

(1) ensure that Federal disbursements shall beat an annual rate of not more than 20 percentof the amount designated by the State for Stateinfrastructure bank capitalization under sub-section (c)(1), except that the Secretary may dis-burse funds to a State in an amount needed tofinance a specific project; and

(2) revise cooperative agreements entered intowith States under section 350 of the NationalHighway System Designation Act of 1995 (PublicLaw 104–59) to comply with this section.

(i) APPLICABILITY OF FEDERAL LAW.—(1) IN GENERAL.—The requirements of titles 23

and 49, United States Code, that would other-wise apply to funds made available under suchtitle and projects assisted with those funds shallapply to—

(A) funds made available under such title andcontributed to an infrastructure bank estab-lished under this section, including the non-Federal contribution required under subsection(f); and

(B) projects assisted by the bank through theuse of the funds;except to the extent that the Secretary deter-mines that any requirement of such title (otherthan sections 113 and 114 of title 23 and section5333 of title 49), is not consistent with the objec-tives of this section.

(2) REPAYMENTS.—The requirements of titles23 and 49, United States Code, shall apply to re-payments from non-Federal sources to an infra-structure bank from projects assisted by thebank. Such a repayment shall be considered tobe Federal funds.

(j) UNITED STATES NOT OBLIGATED.—(1) IN GENERAL.—The contribution of Federal

funds to an infrastructure bank establishedunder this section shall not be construed as acommitment, guarantee, or obligation on thepart of the United States to any third party. Nothird party shall have any right against theUnited States for payment solely by virtue of thecontribution.

(2) STATEMENT.—Any security or debt financ-ing instrument issued by the infrastructurebank shall expressly state that the security orinstrument does not constitute a commitment,guarantee, or obligation of the United States.

(k) MANAGEMENT OF FEDERAL FUNDS.—Sec-tions 3335 and 6503 of title 31, United StatesCode, shall not apply to funds contributedunder this section.

(l) PROGRAM ADMINISTRATION.—(1) IN GENERAL.—A State may expend not to

exceed 2 percent of the Federal funds contrib-uted to an infrastructure bank established bythe State under this section to pay the reason-able costs of administering the bank.

(2) NON-FEDERAL FUNDS.—The limitation de-scribed in paragraph (1) shall not apply to non-Federal funds.

Subtitle F—High Priority ProjectsSEC. 1601. HIGH PRIORITY PROJECTS PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, UnitedStates Code, is amended by striking section 117and inserting the following:‘‘§ 117. High priority projects program

‘‘(a) AUTHORIZATION OF HIGH PRIORITYPROJECTS.—The Secretary is authorized to carryout high priority projects with funds madeavailable to carry out the high priority projectsprogram under this section. Of amounts madeavailable to carry out this section, the Sec-retary, subject to subsection (b), shall makeavailable to carry out each project described insection 1602 of the Transportation Equity Actfor the 21st Century the amount listed for suchproject in such section. Any amounts madeavailable to carry out such program that are notallocated for projects described in such section

CONGRESSIONAL RECORD — HOUSEH3832 May 22, 1998shall be available to the Secretary, subject tosubsection (b), to carry out such other high pri-ority projects as the Secretary determines appro-priate.

‘‘(b) ALLOCATION PERCENTAGES.—For eachproject to be carried out with funds made avail-able to carry out the high priority projects pro-gram under this section—

‘‘(1) 11 percent of such amount shall be avail-able for obligation beginning in fiscal year 1998;

‘‘(2) 15 percent of such amount shall be avail-able for obligation beginning in fiscal year 1999;

‘‘(3) 18 percent of such amount shall be avail-able for obligation beginning in fiscal year 2000;

‘‘(4) 18 percent of such amount shall be avail-able for obligation beginning in fiscal year 2001;

‘‘(5) 19 percent of such amount shall be avail-able for obligation beginning in fiscal year 2002;and

‘‘(6) 19 percent of such amount shall be avail-able for obligation beginning in fiscal year 2003.

‘‘(c) FEDERAL SHARE.—The Federal share pay-able on account of any project carried out withfunds made available to carry out this sectionshall be 80 percent of the total cost thereof.

‘‘(d) DELEGATION TO STATES.—Subject to theprovisions of this title, the Secretary shall dele-gate responsibility for carrying out a project orprojects, with funds made available to carry outthis section, to the State in which such projector projects are located upon request of suchState.

‘‘(e) ADVANCE CONSTRUCTION.—When a Statewhich has been delegated responsibility for aproject under this section—

‘‘(1) has obligated all funds allocated underthis section and section 1602 of the Transpor-

tation Equity Act for the 21st Century for suchproject; and

‘‘(2) proceeds to construct such project with-out the aid of Federal funds in accordance withall procedures and all requirements applicableto such project, except insofar as such proce-dures and requirements limit the State to theconstruction of projects with the aid of Federalfunds previously allocated to it;the Secretary, upon the approval of the applica-tion of a State, shall pay to the State the Fed-eral share of the cost of construction of theproject when additional funds are allocated forsuch project under this section and section 1602of the Transportation Equity Act for the 21stCentury.

‘‘(f) PERIOD OF AVAILABILITY.—Funds madeavailable to carry out this section shall remainavailable until expended.

‘‘(g) AVAILABILITY OF OBLIGATION LIMITA-TION.—Obligation authority attributable tofunds made available to carry out this sectionshall only be available for the purposes of thissection and shall remain available until obli-gated pursuant to section 1102(g) of the Trans-portation Equity Act for the 21st Century.

‘‘(h) TREATMENT.—Funds allocated to a Statein accordance with this section shall be treatedas amounts in addition to the amounts a Stateis apportioned under sections 104, 105, and 144for programmatic purposes.’’.

(b) PURPOSE OF PROJECTS.—Section 145 ofsuch title is amended—

(1) by inserting ‘‘(a) PROTECTION OF STATESOVEREIGNTY.—’’ before ‘‘The authorization’’;and

(2) by adding at the end the following:

‘‘(b) PURPOSE OF PROJECTS.—The projects de-scribed in section 1602 of the Transportation Eq-uity Act for the 21st Century, sections 1103through 1108 of the Intermodal Surface Trans-portation Efficiency Act of 1991 (105 Stat. 2027 etseq.), and section 149(a) of the Surface Trans-portation and Uniform Relocation AssistanceAct of 1987 (101 Stat. 181 et seq.) are intended toestablish eligibility for Federal-aid highwayfunds made available for such projects by sec-tion section 1101(a)(13) of the TransportationEquity Act for the 21st Century, 117 of title 23,United States Code, sections 1103 through 1108of Intermodal Surface Transportation EfficiencyAct of 1991, and subsections (b), (c), and (d) ofsection 149 of the Surface Transportation andUniform Relocation Assistance Act of 1987, re-spectively, and are not intended to define thescope or limits of Federal action in a manner in-consistent with subsection (a).’’.

(c) CONFORMING AMENDMENT.—The analysisfor chapter 1 of such title is amended by strikingthe item relating to section 117 and inserting thefollowing:

‘‘117. High priority projects program.’’.

SEC. 1602. PROJECT AUTHORIZATIONS.

Subject to section 117 of title 23, United StatesCode, the amount listed for each high priorityproject in the following table shall be available(from amounts made available by section1101(a)(13) of the Transportation Equity Act forthe 21st Century) for fiscal years 1998 through2003 to carry out each such project:

No. State Project description[Dollarsin Mil-lions]

1. Georgia ............... I-75 advanced transportation management system in Cobb County ..................................................................................................... 1.2752. Ohio .................... Relocate Washington Street/SR 149 within Bellaire city limits in Belmont County ............................................................................... 23. Virginia ............... Commuter and freight rail congestion and mitigation project over Quantico Creek .............................................................................. 7.54. Michigan ............. Construct bike path between Mount Clemens and New Baltimore ....................................................................................................... 3.755. California ............ Extend I-10 HOV lanes, Los Angeles ................................................................................................................................................. 2.2056. Utah ................... Reconstruct US-89 and interchange at 200 North in Kaysville ............................................................................................................ 5.257. Ohio .................... Upgrade North Road between US 422 and East Market St., Trumbull Co. ........................................................................................... 1.28. Tennessee ............ Alternative transportation systems, Rutherford ................................................................................................................................. 5.19. New York ............ Improve Long Ridge Road from Pound Ridge Road to Connecticut State line ...................................................................................... 1.4

10. New York ............ I-87 Noise Abatement Program .......................................................................................................................................................... 7.511. California ............ Upgrade access road to Mare Island ................................................................................................................................................. 0.7512. Texas .................. Reconstruct FM 364 between Humble Road and I-10, Beaumont ......................................................................................................... 3.613. Washington ......... Construct pedestrian access and safety on Deception Pass Bridge, Deception Pass State Park, Washington ......................................... 114. Ohio .................... Conduct feasibility study for inclusion of US-22 as part of the Interstate System ................................................................................ 0.115. New York ............ Improve Route 9 in Dutchess County ................................................................................................................................................ 1.1416. California ............ Reconstruct State Route 81 (Sierra Ave.) and I-10 Interchange in Fontana ......................................................................................... 7.517. New York ............ Reconstruct Springfield Blvd. between the Long Island Rail main line south to Rockaway Blvd., Queens County ................................ 318. Tennessee ............ Reconstruction of US-414 In Henderson County ................................................................................................................................ 3.7519. New Jersey .......... Upgrade Market St./Essex St. and Rochelle Ave./Main St. to facilitate access to Routes 17 and 80, Bergen Co. ...................................... 3.7520. Pennsylvania ....... US-209 Marshall’s Creek Traffic Relief project in Monroe County ...................................................................................................... 7.521. Louisiana ............ Replace ferry in Plaquemines Parish ................................................................................................................................................. 1.612522. Arkansas ............. Construct access routes between interstate highway, industrial park and Slackwater Harbor, Little Rock ............................................ 0.7523. Georgia ............... Reconstruct SR-26/US-60 from Bull River to Lazaretto Creek .............................................................................................................. 2.662524. California ............ Improve SR-91/Green River Road interchange .................................................................................................................................... 4.87525. Ohio .................... Construct new bridge over Muskingum River and highway approaches, Washington County. ............................................................. 1.526. Virginia ............... Widen Route 123 from Prince William County line to State Route 645 in Fairfax County, Virginia. ...................................................... 7.527. California ............ Improve the interchange at Cabo and Nason Street in Moreno Valley ................................................................................................. 4.528. Nevada ................ Canamex Corridor Innovative Urban Renovation project in Henderson ............................................................................................... 5.2529. California ............ Construct bikeways, Santa Maria ..................................................................................................................................................... 0.38430. Louisiana ............ Expand Harding Road from Scenic Highway to the Mississippi River and construct an information center .......................................... 2.731. Florida ................ West Palm Beach Traffic Calming Project on US-1 and Flagur Drive ................................................................................................. 11.2532. Oregon ................ Construct bike path paralleling 42nd Street to link with existing bike path, Springfield ....................................................................... 0.633. Illinois ................ Construct elevated walkway between Centre Station and arena ......................................................................................................... 0.934. Pennsylvania ....... Construct Ardmore Streetscape project .............................................................................................................................................. 0.4535. California ............ Construct San Diego and Arizona Eastern Intermodal Yard, San Ysidro ............................................................................................ 1036. New Jersey .......... Replace Clove Road bridge over tributary of Mill Brook and Clove Brook in Sussex County ................................................................ 0.7537. Oregon ................ Design and engineering for Newberg-Dundee Bypass ......................................................................................................................... 0.37538. Ohio .................... Upgrade US Rt. 33 between vicinity of Haydenville to Floodwood (Nelsonville Bypass) ....................................................................... 3.7539. Connecticut ......... Revise interchange ramp on to Route 72 northbound from I-84 East in Plainville, Connecticut ............................................................ 2.812540. Alaska ................. Construct Spruce Creek Bridge in Soldotna ....................................................................................................................................... 0.262541. New York ............ Undertake studies, planning, engineering, design and construction of a tunnel alternative to reconstruction of existing elevated ex-

pressway (Gowanus tunnel project) ............................................................................................................................................... 1842. Virginia ............... Reconstruct SR 168 (Battlefield Blvd.) in Chesapeake ........................................................................................................................ 643. Pennsylvania ....... Upgrade PA 228 (Crows Run Corridor) .............................................................................................................................................. 5.444. New York ............ Upgrade and improve Saratoga to Albany intermodal transportation corridor ..................................................................................... 12.245. Pennsylvania ....... Widen Montgomery Alley and improve pedestrian and parking facilites in the vicinity of the Falling Spring, Chambersburg ................ 246. Nebraska ............. Corridor study for Plattsmouth Bridge area to US-75 and Horning Road ............................................................................................ 0.262547. Pennsylvania ....... Construct SR 3019 over Great Trough Creek in Huntingdon County ................................................................................................... 0.37548. Pennsylvania ....... Improve PA 56 from I-99 to Somerset County Line in Bedford County ................................................................................................. 0.7549. Connecticut ......... Replace Windham Road bridge, Windham ......................................................................................................................................... 1.550. Tennessee ............ Upgrade Briley Parkway between I-40 and Opreyland ....................................................................................................................... 4.251. Pennsylvania ....... Renovate Harrisburg Transportation Center in Dauphin County ....................................................................................................... 1.87552. Oregon ................ Construct phase I: highway 99 to Biddle Road of the highway 62 corridor solutions project. ............................................................... 15.62553. Washington ......... Construct traffic signals on US-2 at Olds Owens Road and 5th Street in Sultan, Washington. ............................................................. 0.25754. New York ............ Upgrade Route 17 between Five Mile Point and Occanum, Broome Co. ............................................................................................... 12.655. Texas .................. Improve US 82, East-West Freeway between Memphis Avenue and University Avenue ........................................................................ 12.356. Tennessee ............ Construct Stones River Greenway, Davidson ..................................................................................................................................... 8.257. Minnesota ........... Conduct study of potential for diversion of traffic from the I-35 corridor to commuter rail, Chisago County north of Forest Lake along

I-35 corridor to Rush City .............................................................................................................................................................. 0.37558. Minnesota ........... Upgrade 10th Street South, St. Cloud ................................................................................................................................................ 1.12559. Tennessee ............ Improve State Road 95 from Westover Drive to SR-62 in Roane and Anderson Counties ....................................................................... 3.67560. California ............ Construct Ontario International Airport ground access program. ....................................................................................................... 10.5

CONGRESSIONAL RECORD — HOUSE H3833May 22, 1998

No. State Project description[Dollarsin Mil-lions]

61. Iowa ................... Construct four-lane expressway between Des Moines and Marshalltown ............................................................................................ 7.562. Texas .................. Upgrade FM225, Nacogdoches .......................................................................................................................................................... 363. Ohio .................... Upgrade US Rt. 35 between vicinity of Chillicothe to Village of Richmond Dale .................................................................................. 3.7564. Indiana ............... Upgrade 93rd Avenue in Merrillville ................................................................................................................................................. 4.42565. California ............ Improve streets and construct bicycle path, Westlake Village ............................................................................................................. 0.23666. Pennsylvania ....... Upgrade I-95 between Lehigh Ave. and Columbia Ave. and improvements to Girard Ave./I-95 interchange, Philadelphia ...................... 21.4567. Michigan ............. Construct I-96/Beck Wixom Road interchange ................................................................................................................................... 1.9568. Pennsylvania ....... Construct I-95/Route 332 interchange ................................................................................................................................................ 1.569. California ............ Improve streets and construct bicycle path, Calabasas ....................................................................................................................... 0.7570. New York ............ Construct Hutton Bridge Project ....................................................................................................................................................... 171. Ohio .................... Restore Main and First Streets to two-way traffic, Miamisburg .......................................................................................................... 0.337572. Virginia ............... Widen I-64 Bland Boulevard interchange .......................................................................................................................................... 25.837573. Washington ......... Widen Cook Road in Skagit County, Washington. ............................................................................................................................. 3.174. New York ............ Construct interchange and connector road using ITS testbed capabilities at I-90 Exit 8 ....................................................................... 8.77575. New York ............ Construct Edgewater Road Dedicated Truck Route ............................................................................................................................ 976. Illinois ................ Upgrade Illinois 336 between Illinois 61 to south of Loraine ............................................................................................................... 3.82577. Michigan ............. Reconstruct Bagley Street and improve Genschaw Road, Alpena ........................................................................................................ 0.4578. California ............ Construct Third Street South Bay Basin Bridge, San Francisco ......................................................................................................... 9.37579. New Mexico ......... Improve I-25 at Raton Pass .............................................................................................................................................................. 980. Pennsylvania ....... Construct Mon-Fayette Expressway between Union Town and Brownsville ........................................................................................ 2081. Michigan ............. Upgrade Hill Road corridor between I-75 to Dort Highway, Genesee Co. ............................................................................................. 2.2582. Georgia ............... Improve GA-316 in Gwinnett County ................................................................................................................................................. 30.67583. North Carolina .... Construct segment of new freeway, including right-of-way acquisition, between East of US 401 to I-95, and bridge over Cape Fear

River ............................................................................................................................................................................................ 1284. Florida ................ Construct US-98/Thomas Drive interchange ....................................................................................................................................... 8.2585. Illinois ................ Construct I-64/North Greenmount Rd. interchange, St. Clair Co. ........................................................................................................ 3.686. South Carolina .... Three River Greenway Project to and from Gervals Street in Columbia ............................................................................................... 3.7587. New York ............ Upgrade Chenango County Route 32 in Norwich ............................................................................................................................... 1.688. Maine ................. Construct I-95/Stillwater Avenue interchange .................................................................................................................................... 1.589. Massachusetts ..... Construct I-495/Route 2 interchange east of existing interchange to provide access to commuter rail station, Littleton .......................... 3.1590. Connecticut ......... Construct Seaview Avenue Corridor project ....................................................................................................................................... 2.591. Texas .................. Construct transportation improvements as part of redevelopment of Kelly AFB, San Antonio .............................................................. 3.7592. Texas .................. Conduct pipeline express study through Texas Transportation Institute (A&M University) ................................................................. 1.12593. Illinois ................ Undertake improvements to Campus Transportation System, Chicago ................................................................................................. 1.594. Pennsylvania ....... Improve walking and biking trails between Easton and Lehigh Gorge State Park within the Delaware and Lehigh Canal National Her-

itage Corridor ............................................................................................................................................................................... 2.195. Michigan ............. Upgrade and make improvements to the Walton Corridor project including segments of Walton Blvd., Baldwin and Joslyn Roads, and

Telegraph Road. ........................................................................................................................................................................... 10.596. North Carolina .... Construct Charlotte Western Outer Loop freeway, Mecklenburg Co. ................................................................................................... 1297. Tennessee ............ Reconstruct US 79 between Milan and McKenzie ............................................................................................................................... 398. Virginia ............... Undertake access improvements for Freemason Harbor Development Initiative, Norfolk ....................................................................... 1.599. Pennsylvania ....... Upgrade US Rt. 119 between Homer City and Blairsville .................................................................................................................... 3.05

100. Minnesota ........... Construct pedestrian bridge over TH 169 in Elk River ........................................................................................................................ 0.53025101. Georgia ............... Construct Athens to Atlanta Transportation Corridor ........................................................................................................................ 6102. Alabama .............. Initiate construction on controlled access highway between the Eastern edge of Madison County and Mississippi State line. ................ 3103. Texas .................. Construct improvments along US 69 including frontage roads, Jefferson Co. ....................................................................................... 5.76104. New York ............ Rehabilitate Broadway Bridge, New York City .................................................................................................................................. 1.5105. Ohio .................... Reconstruct Morgan County 37 in Morgan County ............................................................................................................................ 0.4106. California ............ Improve Mission Boulevard in San Bernardino, California ................................................................................................................ 0.5107. Indiana ............... Widen 116th Street in Carmel ............................................................................................................................................................ 1.125108. Illinois ................ Undertake traffic mitigation and circulation enhancements, 57th and Lake Shore Drive ..................................................................... 2109. Georgia ............... Construct Rome to Memphis Highway in Floyd and Bartow Counties ................................................................................................. 0.584110. Ohio .................... Construct highway-rail grade separations on Snow Road in Brook Park ............................................................................................ 4.75111. Kentucky ............ Construct highway-rail grade separations along the City Lead in Paducah ........................................................................................ 0.825112. Illinois ................ Resurface S. Chicago Ave. From 71st to 95th Streets, Chicago ............................................................................................................ 0.795113. Minnesota ........... Upgrade TH 13 between TH 77 and I-494 ........................................................................................................................................... 1.5114. Kentucky ............ Redevelop and improve ground access to Louisville Waterfront District in Louisville, Kentucky. ......................................................... 2.84115. South Dakota ...... Construct US-16 Hell Canyon Bridge and approaches in Custer County ............................................................................................. 0.441116. Georgia ............... Resurface Davis Drive, Green Street, and North Houston Road in Warner Robins ............................................................................... 0.3117. Pennsylvania ....... Construct highway-transit transfer facility in Lemoyne ..................................................................................................................... 1.5118. Georgia ............... Upgrade I-75 between the Crisp/Dooly Co. line to the Florida State line .............................................................................................. 8.25119. New Jersey .......... Conduct Route 46 Corridor Improvement Project with the amount provided, $8,625,000 for the Route 46/Riverview Drive Interchange re-

construction project, $12,675,000 for the Route 46/Van Houton Avenue reconstruction project, and $3,075,000 for the Route 46/UnionBlvd. interchange reconstruction project ........................................................................................................................................ 24.375

120. Mississippi ........... Construct segment 2 of the Jackson University Parkway in Jackson ................................................................................................... 0.6875121. New Jersey .......... Improve grade separations on the Garden State Parkway in Cape May County, New Jersey. ............................................................... 10.5122. Pennsylvania ....... Construct access to site of former Philadelphia Naval Shipyard and Base, Philadelphia ...................................................................... 1.5123. Idaho .................. Reconstruct US-95 from Bellgrove to Mica ......................................................................................................................................... 9124. Illinois ................ Improve access to 93rd Street Station, Chicago .................................................................................................................................. 2.25125. Illinois ................ Rehabilitate WPA Streets in Chicago ................................................................................................................................................ 4.7126. Minnesota ........... Construct grade crossing improvments, Morrison County ................................................................................................................... 1.35127. Kentucky ............ Extend Hurstbourne Parkway from Bardstown Road to Fern Valley Road ......................................................................................... 4.56128. Texas .................. Upgrade SH 130 in Caldwell amd Williamson Counties ....................................................................................................................... 0.75129. Massachusetts ..... Construct bikeway between Blackstone and Worcester ....................................................................................................................... 6130. New York ............ Rehabilitate roads, Village of Great Neck .......................................................................................................................................... 0.12131. Virginia ............... Widen I-81 in Roanoke and Botetourt Counties and in Rockbridge, Augusta and Rockingham Counties .............................................. 4132. Illinois ................ Construct an interchange at I-90 and Illinois Route 173 in Rockford .................................................................................................. 5.625133. Illinois ................ Engineering for Peoria to Chicago expressway .................................................................................................................................. 5134. Pennsylvania ....... Construct access improvements between exits 56 and 57 off I-81 in Lackawanna .................................................................................. 1.275135. California ............ Reconstruct Tennessee Valley Bridge, Marin Co. ............................................................................................................................... 0.75136. Michigan ............. Improvements to Card Road between 21 mile road and 23 mile road in Macomb Co. ............................................................................. 0.975137. Illinois ................ Construct Veterans Parkway from Eastland Drive to Commerce Parkway in Bloomington ................................................................... 7.88138. New York ............ Conduct safety study and improve I-90 in Downtown Buffalo ............................................................................................................ 0.4139. Minnesota ........... Upgrade CSAH 1 from CSAH 61 to 0.8 miles north .............................................................................................................................. 0.36140. Pennsylvania ....... Construct access road and parking facilities, Valley Forge National Historic Park, Valley Forge ......................................................... 3141. Illinois ................ Construct Orchard Road Bridge over the Fox River ........................................................................................................................... 5.25142. Missouri .............. Construct US-412 corridor from Kennett to Hayti, Missouri. ............................................................................................................... 6143. Michigan ............. Upgrade M-84 connector between Tittabawasee Rd. and M-13, Bay and Saginaw Counties ................................................................. 13.135144. Louisiana ............ Increase capacity of Lake Pontchartrain Causeway .......................................................................................................................... 1145. Tennessee ............ Improve the Elizabethon Connector from US-312 to US-19 East .......................................................................................................... 6.3375146. Texas .................. Construct Austin to San Antonio Corridor ........................................................................................................................................ 5.625147. Pennsylvania ....... Make safety improvements on PA Rt. 61 (Dusselfink Safety Project) between Rt. 183 in Cressona and SR 0215 in Mount Carbon ........... 7148. Tennessee ............ Improve State Route 92 from I-40 to South of Jefferson City ............................................................................................................... 3.4125149. Illinois ................ Planning, engineering and first phase construction of beltway connector, Decatur. ............................................................................ 2150. Indiana ............... Safety improvements to McKinley and Riverside Avenues in Muncie .................................................................................................. 6.825151. Georgia ............... Widen Georgia Route 6/US-278 in Polk County .................................................................................................................................. 5.666152. Arkansas ............. Widen 28th Street and related improvements in Van Buren, Arkansas ................................................................................................ 0.75153. Tennessee ............ Reconstruct Old Walland Highway bridge over Little River in Townsend ........................................................................................... 1.26154. Missouri .............. Construct Highway 36 Hannibal Bridge and approaches in Marion County ........................................................................................ 2.4155. Minnesota ........... Construct Cass County Public Trails Corridors .................................................................................................................................. 0.18156. Alabama .............. Construct Eastern Black Warrior River Bridge. ................................................................................................................................. 13157. Michigan ............. Construct Monroe Rail Consolidation Project, Monroe ....................................................................................................................... 4.5158. Illinois ................ Rehabilitate 95th Street between 54th Place and 50th Avenue, Oak Lawn ........................................................................................... 0.6159. New York ............ Construct Hamilton Street interchange in Erwin, New York. .............................................................................................................. 12.375160. New York ............ Improve 6th and Columbia Street project in Elmira ............................................................................................................................ 0.525161. California ............ Enhance Fort Bragg and Willitis passenger stations .......................................................................................................................... 0.275162. New York ............ Capital improvements for the car float operations in Brooklyn, New York, for the New York City Economic Development Corp. ........... 14163. New Jersey .......... Construct New Jersey Exit 13A Flyover (extension of Kapowski Rd. to Trumbull St.) .......................................................................... 2164. Pennsylvania ....... Relocate U.S. 22 around the Borough of Holidaysburg, PA, or other projects in the counties of Bedford, Blair, Centre, Franklin, Miff-

lin, Fulton and Clearfield, and Huntingdon as selected by the State of Pennsylvania ...................................................................... 25165. Wyoming ............. Construct Jackson-Teton Pathway in Teton County .......................................................................................................................... 1.5166. Michigan ............. Construct improvements to 23 Mile Road between Mound Road and M-53, Macomb County ................................................................. 2.25

CONGRESSIONAL RECORD — HOUSEH3834 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

167. Michigan ............. Early preliminary engineering/preliminary engineering to U.S. 131 B.R./ Industrial Connector, Kalamazoo, Michigan. ......................... 1.5168. Illinois ................ Construct improvements to segment of Town Creek Road, Jackson Co. ............................................................................................... 0.975169. Vermont .............. Replace Missisquoi Bay Bridge ......................................................................................................................................................... 12170. Massachusetts ..... Upgrade Sacramento Street underpass, Somerville ............................................................................................................................. 0.1875171. Oregon ................ Study and design I-5/Beltline Road interchange reconstruction .......................................................................................................... 3172. Massachusetts ..... Construct accessibility improvments to Charles Street T Station, Boston ............................................................................................. 3173. California ............ Widen and improve I-5/State Route 126 interchange in Valencia ......................................................................................................... 10.425174. Arkansas ............. Widen Highway 65/82 from Pine Bluff to the Mississippi State line ..................................................................................................... 5.375175. Ohio .................... Rehabilitate Martin Luther King, Jr. Bridge, Toledo ......................................................................................................................... 1.5176. California ............ Upgrade I-880, Alameda ................................................................................................................................................................... 7.5177. Illinois ................ Right-of-way acquisition for segment of Alton Bypass between Illinois 143 to Illinois 140 near Alton .................................................... 3178. Georgia ............... Conduct study of a multimodal transportation corridor along GA-400 ................................................................................................. 17.25179. Illinois ................ Reconstruct Dixie Highway, Harvey ................................................................................................................................................. 0.3705180. Tennessee ............ Construct State Route 131 from Gill Road to Bishop Road .................................................................................................................. 1.8181. Washington ......... Construct Port of Kalama River Bridge ............................................................................................................................................. 0.675182. Virginia ............... Upgrade Virginia Route 10, Surrey Co. ............................................................................................................................................. 0.75183. Iowa ................... Reconstruct US Highway 218 between 7th and 20th Streets inlcuding center turn lane from Hubenthal Place to Carbide Lane, Keokuk 2.5184. Oregon ................ Repair bridge over Rogue River, Gold Beach ..................................................................................................................................... 10185. New Jersey .......... Construct pedestrian bridge in Washington Township ....................................................................................................................... 2.25186. Ohio .................... Construct Chesapeake Bypass, Lawrence Co. .................................................................................................................................... 3.75187. California ............ Rehabilitate historic train depot in San Bernadino ............................................................................................................................ 2.625188. Michigan ............. Construct improvements to Linden Rd. between Maple Ave. and Pierson Rd., Genessee Co. ................................................................. 0.9189. Alabama .............. Construct Crepe Myrtle Trail near Mobile, Alabama .......................................................................................................................... 1.2190. New York ............ Reconstruct Route 23/Route 205 intersection in Oneonta .................................................................................................................... 0.85191. Rhode Island ....... Reconstruct interchanges on Rt. 116 between Rt. 146 and Ashton Viaduct, Lincoln ............................................................................. 0.33375192. Michigan ............. Construct route improvements along Washington Ave. between Janes Ave. to Johnson St. and East Genesee Ave. between Saginaw

River and Janes Ave., Saginaw ...................................................................................................................................................... 2.7193. California ............ Realign and improve California Route 79 in Riverside County ............................................................................................................ 4.5194. Michigan ............. Construct Tawas Beach Road/US 23 interchange improvements, East Tawas ...................................................................................... 1.65195. Illinois ................ Rehabilitate Timber Bridge over Little Muddy River and approach roadway, Perry Co. ...................................................................... 0.105196. Texas .................. Construct East Loop, Brownsville ..................................................................................................................................................... 0.75197. Mississippi ........... Upgrade Cowan-Lorraine Rd. between I-10 and U.S. 90, Harrison Co. ................................................................................................ 8.5198. California ............ Construct Alameda Corridor East project .......................................................................................................................................... 9.5625199. Washington ......... Construct I-5 interchanges in Lewis County ...................................................................................................................................... 4.9875200. Minnesota ........... Undertake improvements to Hennepin County Bikeway ..................................................................................................................... 3.9201. Illinois ................ Construct Alton Bypass from IL-40 to Fosterburg Road ..................................................................................................................... 1.875202. Louisiana ............ Construct Houma-Thibodaux to I-10 connector from Gramercy to Houma ........................................................................................... 2.325203. Illinois ................ Study for new bridge over Mississippi River with terminus points in St. Clair County and St. Louis, MO. ............................................ 1.05204. New York ............ Rehabilitate Queens Blvd./Sunnyside Yard Bridge, New York City ..................................................................................................... 6205. North Carolina .... Construct segment of I-74 between Maxton Bypass and NC 710, Robeson Co. ...................................................................................... 1.5206. Alabama .............. Conduct engineering, acquire right-of-way and construct the Birmingham Northern Beltline in Jefferson County. ............................... 17207. South Dakota ...... Replace Meridan Bridge ................................................................................................................................................................... 3.25208. Ohio .................... Upgrade Route 82, Strongsville ......................................................................................................................................................... 5.25209. Mississippi ........... Construct I-20 /Norrell Road interchange, Hinds County .................................................................................................................... 3.75210. Wisconsin ............ Reconstruct U.S. Highway 151, Waupun to Fond du Lac ................................................................................................................... 19.5211. Michigan ............. Improve Kent County Airport road access in Grand Rapids, Michigan by extending 36th Street, improving 48th Street and constructing

the I-96/Whitneyville interchange. ................................................................................................................................................. 11.28212. Pennsylvania ....... Replace Dellville Bridge in Wheatfield .............................................................................................................................................. 0.75213. California ............ Upgrade Ft. Irwin Road from I-15 to Fort Irwin ................................................................................................................................ 1.125214. New York ............ Reconstruct 127th Street viaduct, New York City ............................................................................................................................... 1.5215. Arkansas ............. Upgrade US Rt. 67, Newport to Missouri State line ............................................................................................................................ 1.5216. Louisiana ............ Extend Howard Avenue to Union Passenger Terminal, New Orleans .................................................................................................. 6217. Colorado .............. Complete the Powers Boulevard north extension in Colorado Springs ................................................................................................. 9218. Pennsylvania ....... Widen US-30 from US-222 to PA-340 and from PA-283 to PA-741 ......................................................................................................... 9219. Pennsylvania ....... Upgrade Route 219 between Meyersdale and Somerset ....................................................................................................................... 2.4220. Mississippi ........... Widen MS-15 from Laurel to Louiseville ............................................................................................................................................ 7.5221. California ............ Construct bike paths, Thousand Oaks ............................................................................................................................................... 0.625222. Texas .................. Investigate strategies to reduce congestion and facilitate access at the international border crossing in Roma ...................................... 0.375223. Wisconsin ............ Upgrade Marshfield Blvd., Marshfield .............................................................................................................................................. 3.75224. Wisconsin ............ Construct Abbotsford Bypass ............................................................................................................................................................ 4.5225. New York ............ Reconstruct Route 25/Route 27 intersection in St. Lawrence County ................................................................................................... 0.75226. California ............ Upgrade access to Sylmar/San Fernando Metrolink Station and Westfield Village, Los Angeles ........................................................... 0.375227. Tennessee ............ Construct park and ride intermodal centers for Nashville/Middle Tennessee Commuter Rail ................................................................. 8228. Illinois ................ Upgrade St. Marie Township Road, Jasper County ............................................................................................................................ 0.036229. Illinois ................ Resurface 95th St. between Western Ave. and Stony Island Blvd., Chicago ......................................................................................... 2.34230. New York ............ Construct new exit 46A on I-90 at Route 170 in North Chili ................................................................................................................ 6231. Indiana ............... Upgrade 4 warning devices on north/south rail line from Terre Haute to Evansville ............................................................................ 0.3232. California ............ Improve SR-70 from Marysville Bypass to Oroville Freeway ............................................................................................................... 6.25233. Dist. of Col. ......... Implement Geographical Information System, Washington, D.C. ........................................................................................................ 7.5234. California ............ Construct connector between I-5 and SR 113 and reconstruct I-5 interchange with Road 102, Woodland ............................................... 11.5235. Pennsylvania ....... Reconstruct State Route 2001 in Pike County .................................................................................................................................... 6.75236. California ............ Upgrade I-680 Corridor, Alameda Co. ................................................................................................................................................ 7.5237. Louisiana ............ Reconstruct I-10 and Ryan Street access ramps and frontage street improvements, Lake Charles ......................................................... 6238. Arkansas ............. Construct access route to Northwest Arkansas Regional Airport in Highfill, Arkansas. ....................................................................... 12239. Pennsylvania ....... Reconstruct structures and adjacent roadway, Etna and Aspenwall (design and right-of-way acquisition phases), Allegheny Co. ........ 2240. Alaska ................. Construct capital improvements to intermodal freight and passenger facilities servicing the Alaska Marine Highway and other related

transportation modes in Seward provided that the state public authority which owns the current intermodal facilities carries out thisproject with the entire amount of funds provided. .......................................................................................................................... 4.5

241. Illinois ................ Construct improvements to Pleasant Hill Road, Carbondale ............................................................................................................... 1.425242. Florida ................ Deploy magnetic lane marking system on I-4 ..................................................................................................................................... 0.375243. Texas .................. Extend Texas State Highway 154 between US 80W and State Highway 43S ......................................................................................... 4.675244. Minnesota ........... Upgrade CSAH 16 between TH 53 and CSAH 4 ................................................................................................................................... 4.05245. Pennsylvania ....... Upgrade US Rt. 22, Chickory Mountain section ................................................................................................................................. 4.85246. Arkansas ............. Improve Arkansas State Highway 12 from US-71 at Rainbow Curve to Northwest Arkansas Regional Airport ....................................... 0.375247. Massachusetts ..... Implement Cape and Islands Rural Roads Initiative, Cape Cod .......................................................................................................... 0.375248. Massachusetts ..... Reconstruct roadways, Somerville ..................................................................................................................................................... 2.25249. Washington ......... Construct Washington Pass visitor facilities on North Cascades Highway ........................................................................................... 0.9250. Indiana ............... Construct Hazel Dell Parkway from 96th Street to 146th Street in Carmel ........................................................................................... 4.125251. Georgia ............... Upgrade Lithonia Industrial Boulevard, DeKalb Co. ......................................................................................................................... 0.375252. Wisconsin ............ Upgrade STH 29 between IH 94 and Chippewa Falls .......................................................................................................................... 4.5253. Kansas ................ Construct Diamond interchange at Antioch and I-435 ........................................................................................................................ 7.56254. California ............ Reconstruct I-215 and construct HOV lanes between 2nd Street and 9th Street, San Bernardino .......................................................... 2.0625255. Iowa ................... Relocate US 61 to bypass Fort Madison ............................................................................................................................................. 2.25256. Illinois ................ Construct Richton Road, Crete ......................................................................................................................................................... 1.5257. Ohio .................... Upgrade US-30 from SR-235 in Hancock County to the Ontario bypass in Richland County. ................................................................ 11.25258. Florida ................ Construct access road to St. Johns Ave. Industrial Park .................................................................................................................... 0.75259. Pennsylvania ....... Design, engineer, ROW acquisition and construct the Luzerne County Community College Road between S.R. 2002 and S.R. 3004 one-

mile west of Center Street through S.R. 2008 in the vicinity of Prospect Street and the Luzerne County Community College, includinga new interchange on S.R. 0029 ..................................................................................................................................................... 10.5

260. Louisiana ............ Construct State Highway 3241/State Highway 1088/I-12 interchange in St. Tammany Parish, Louisiana. .............................................. 8.5261. Illinois ................ Improve access to Rantoul Aviation Center in Rantoul ...................................................................................................................... 1.6262. Virginia ............... Improve Harrisonburg East Side roadways in Harrisonburg ............................................................................................................... 0.5263. California ............ Upgrade Highway 99 between State Highway 70 and Lincoln Rd., Sutter Co. ..................................................................................... 7.3264. Indiana ............... Extend East 56th Street in Lawrence ................................................................................................................................................. 4.875265. New York ............ Construct the Mineola intermodal facility and Hicksville intermodal facility in Nassau county ........................................................... 10.5266. Texas .................. Upgrade IH-30 between Dallas and Ft. Worth ................................................................................................................................... 21.75267. Massachusetts ..... Construct improvements to North Main Street in Worcester ................................................................................................................ 1.8268. Arkansas ............. Study and construct a multi-modal facility Russellville, Arkansas. ..................................................................................................... 0.75269. New York ............ Judd Road Connector in New Hartford and Whitestown, New York .................................................................................................... 30.3270. Oregon ................ Upgrade I-5, Salem .......................................................................................................................................................................... 3271. California ............ Upgrade call boxes throughout Santa Barbara County ...................................................................................................................... 1.125272. Wisconsin ............ Upgrade US Rt. 10 between Waupaca to US Rt. 41 ............................................................................................................................. 6

CONGRESSIONAL RECORD — HOUSE H3835May 22, 1998

No. State Project description[Dollarsin Mil-lions]

273. Iowa ................... Reconstruct I-235 and improve the interchange for access to the MLKing Parkway ............................................................................. 5.175274. Pennsylvania ....... Construct Steel Heritage Trail between Glenwood Bridge to Clairton via McKeesport .......................................................................... 0.3275. Idaho .................. Construct critical interchanges and grade-crossings on US-20 between Idaho Falls and Chester .......................................................... 7.5276. Utah ................... Construct Cache Valley Highway in Logan ....................................................................................................................................... 5.25277. Massachusetts ..... Upgrade Rt. 3 between Rt. 128/I-95 to Massachusetts and New Hampshire State Line .......................................................................... 6.15278. Indiana ............... Construct Hoosier Heartland from Lafayette to Ft. Wayne ................................................................................................................. 18.75279. New York ............ Conduct traffic calming study on National Scenic Byway Route 5 in Hamburg ................................................................................... 0.3280. California ............ Construct I-5 rail grade crossings between I-605 and State Route 91, Los Angeles and Orange Counties ............................................... 15.09281. Massachusetts ..... Undertake improvements to South Station Intermodal Station ............................................................................................................ 2.25282. Massachusetts ..... Reconstruct Bates Bridge over Merrimack River ................................................................................................................................ 3283. Illinois ................ Upgrade Wood Street between Little Calumet River to 171st St., Dixmore, Harvey, Markham, Hazel Crest ............................................ 0.7425284. Pennsylvania ....... Construct safety and capacity improvements to Rt. 309 and Old Packhouse Road including widening of Old Packhouse Road between

KidsPeace National Hospital to Rt. 309 .......................................................................................................................................... 6.15285. Illinois ................ Reconstruct Mt. Erie Blacktop in Mt. Erie ........................................................................................................................................ 3.385286. Michigan ............. Repair 48th Avenue, Menominee ....................................................................................................................................................... 0.2025287. Texas .................. Reconstruct intermodal connectors on Highway 78 and Highway 544 in Wylie .................................................................................... 5.5288. Georgia ............... Conduct a study of transportation alternatives in Northwest Georgia between Atlanta and Chattanooga. ............................................ 3.75289. Louisiana ............ Reconstruct Jefferson Lakefront bikepath in Jefferson Parish, Louisiana. .......................................................................................... 1290. New York ............ Construct Midtown West Intermodal Ferry Terminal, New York City ................................................................................................. 3.5291. Maine ................. Construct I-295 connector, Portland .................................................................................................................................................. 3.375292. Colorado .............. Construct I-25 truck lane from Lincoln Avenue to Castle Pines Parkway in Douglas County ............................................................... 2.25293. New Jersey .......... Widen Route 1 from Pierson Avenue to Inman Avenue in Middlesex County ....................................................................................... 5.25294. New York ............ Construct intermodal transportation hub in Patchogue ..................................................................................................................... 1.875295. New York ............ Improve Route 281 in Cortland ......................................................................................................................................................... 6.75296. California ............ Construct State Route 76 in Northern San Diego. .............................................................................................................................. 7.5297. Illinois ................ Congestion mitigation for Illinois Route 31 and Illinois Route 62 intersection in Algonquin ................................................................. 9298. Pennsylvania ....... Improve South Central Business Park in Fulton County .................................................................................................................... 0.75299. California ............ Willits Bypass, Highway 101in Mendocino County, California ........................................................................................................... 0.65300. Texas .................. Upgrade FM 1764 between FM 646 to State Highway 6 ....................................................................................................................... 2.25301. Ohio .................... Construct Intermodal Industrial Park in Wellsville ............................................................................................................................ 3.04302. Texas .................. Construct US Expressway 77/83 interchange, Harlingen ..................................................................................................................... 5.625303. Georgia ............... Construct Harry S. Truman Parkway ............................................................................................................................................... 2.6625304. Maryland ............ Upgrade I-95/I-495 interchange at Ritchie Marlboro Rd., Prince Georges ............................................................................................ 3.6305. New York ............ Construct CR-82 from Montauk Highway to Sunrise Highway in Suffolk County ................................................................................ 0.435306. Pennsylvania ....... PA 26 over Piney Creek 2-bridges in Bedford County ......................................................................................................................... 0.6307. Illinois ................ Intersection improvements at 79th and Stoney Island Blvd., Chicago .................................................................................................. 1.305308. New York ............ Construct CR-85 from Foster Avenue to CR97 in Suffolk County ........................................................................................................ 0.675309. New York ............ Construct Phase II of the City of Mount Vernon’s New Haven Railroad Redevelopment project ........................................................... 2310. Alabama .............. Construct improvements to 41st Street between 1st Ave. South and Airport Highway, Birmingham ....................................................... 0.75311. Alaska ................. Improve roads in Kotzebue ............................................................................................................................................................... 1.7625312. Pennsylvania ....... Conduct preliminary engineering on the relocation of exits 4 and 5 on I-83 in York County ................................................................. 1.5313. North Carolina .... Construct I-540 from east of NC Rt. 50 to east of US Rt. 1 in Wake Co. ............................................................................................... 9.75314. Alabama .............. Construct enhancements along 12th Street between State Highway 11 and Baptist Princeton Hospital, Birmingham ............................. 0.6315. Pennsylvania ....... Conduct highway research, Drexel University ................................................................................................................................... 1316. Illinois ................ Improve IL-113 in Kankakee ............................................................................................................................................................. 5.55317. Texas .................. Upgrade JFK Causeway, Corpus Christi ........................................................................................................................................... 2.25318. Pennsylvania ....... Construct Philadelphia Intermodal Gateway Project at 30th St. Station ............................................................................................. 6319. Wisconsin ............ Construct STH-26/US-41 Interchange in Oshkosh .............................................................................................................................. 2.25320. California ............ Improve and widen Forest Hill Road in Placer County ...................................................................................................................... 2.7321. Florida ................ ITS improvements on US-19 in Pasco County .................................................................................................................................... 1.5322. Nebraska ............. Conduct corridor study from Wayne to Vermillion-Newcastle bridge ................................................................................................... 0.4125323. Oregon ................ Construct right-of-way improvements to provide improved pedestrian access to MAX light rail, Gresham ............................................. 1324. Virginia ............... Repair historic wooden bridges along portion of Virginia Creeper Trail maintained by Town of Abingdon ........................................... 0.75325. Oregon ................ Reconstruct Lovejoy ramp, Portland ................................................................................................................................................. 5326. Washington ......... Widen SR-99 between 148th Street and King County Line in Lynnwood ............................................................................................. 2.7327. Minnesota ........... Construct Trunk Highway 169 Causeway, Itasca Co. ......................................................................................................................... 6.075328. Louisiana ............ Conduct a feasibility and design study of Louisiana Highway 30 between Louisiana Highway 44 and I-10 ........................................... 1.5329. Indiana ............... Reconstruct US Rt. 231 between junction of State Road 66 to Dubois Co. line ...................................................................................... 0.6330. Massachusetts ..... Construct Greenfield-Montague Bikeways, Franklin Co. .................................................................................................................... 0.675331. California ............ Improve highway access to Humboldt Bay and Harbor Port ............................................................................................................... 0.275332. Virginia ............... Construct road improvement, trailhead development and related facilities for Haysi to Breaks Interstate Bicycle and Pedestrain Trail

between Haysi and Garden Hole area of Breaks Interstate Park ...................................................................................................... 0.25333. Pennsylvania ....... Replace Grant Street Bridge, New Castle ........................................................................................................................................... 1.8334. North Dakota ...... Upgrade U.S. Route 52 between Donnybrook and US Route 2 ............................................................................................................. 1.8335. Florida ................ Construct Wonderwood Connector from Mayport to Arlington, Duval County, Florida. ...................................................................... 27.725336. California ............ Construct pedestrian boardwalk between terminus of Pismo Promenade at Pismo Creek and Grande Avenue in Gover Beach ................ 0.375337. Pennsylvania ....... Construct PA-283 North Union Street ramps in Dauhpin County ........................................................................................................ 1.8375338. New Jersey .......... Upgrade Garden State Parkway Exit 142 ........................................................................................................................................... 22.5339. Minnesota ........... Extend County State Highway 61 extension into Two Harbors ........................................................................................................... 0.6340. Minnesota ........... Reconstruct and replace I-494 Wakota Bridge from South St. Paul to Newport, and approaches .......................................................... 9.75341. Texas .................. Reconstruct and widen I-35 between North of Georgetown at Loop 418 to US Rt. 190 ........................................................................... 6342. Georgia ............... Undertake major arterial enhancements in DeKalb Co. with the amount provided as follows: $5,250,000 for Candler Rd., $5,625,000 for

Memorial Drive and $675,000 for Bufford Highway ......................................................................................................................... 11.55343. Illinois ................ Consolidate rail tracks and eliminate grade crossings as part of Gateway Intermodal Terminal access project ...................................... 1.125344. Ohio .................... Replace I-280 bridge over Maumee River, Toledo area ........................................................................................................................ 18345. Pennsylvania ....... Eliminate 16 at-grade rail crossings through Erie ............................................................................................................................... 8346. Arkansas ............. Construct Geyer Springs RR grade separation, Little Rock ................................................................................................................. 0.75347. Wisconsin ............ Construct Chippewa Falls Bypass ..................................................................................................................................................... 4.5348. Kentucky ............ Correct rock hazard on US127 in Russell County ............................................................................................................................... 0.02625349. Kentucky ............ Widen US-27 from Norwood to Eubank ............................................................................................................................................. 22.5350. Virginia ............... Conduct Williamsburg 2007 transportation study ............................................................................................................................... 0.325351. Virginia ............... Construct I-95/State Route 627 interchange in Stafford County .......................................................................................................... 3.8375352. Tennessee ............ Construct Foothills Parkway from Walland to Weans Valley ............................................................................................................. 8.625353. Oregon ................ Upgrade Murray Blvd. inlcuding overpass bridge, Millikan to Terman ............................................................................................... 3.75354. California ............ Construct San Francisco Regional Intermodal Terminal .................................................................................................................... 9.375355. New Hampshire .... Construct the Broad Street Parkway in Nashua ................................................................................................................................ 12.511356. New Hampshire .... Construct Conway bypass from Madison to Bartlett .......................................................................................................................... 5.325357. California ............ Seismic retrofit of Golden Gate Bridge ............................................................................................................................................... 0.75358. Pennsylvania ....... Realign Route 501 in Lebanon County .............................................................................................................................................. 1.2359. Maryland ............ Upgrade US 29 interchange with Randolph Road, Montgomery Co. .................................................................................................... 9360. Utah ................... Construct I-15 interchange at Atkinville ............................................................................................................................................ 6361. Illinois ................ Resurface Cicero Ave. between 127th St. and 143rd St., Chicago ......................................................................................................... 0.4575362. Pennsylvania ....... Improve Lewistown Narrows US 322 in Mifflin and Juniata County ................................................................................................... 40363. Florida ................ Enhance access to Gateway Marketplace through improvements to access roads, Jacksonville ............................................................. 0.9364. Indiana ............... Upgrade 14 warning devices on east/west rail line from Gary to Auburn ............................................................................................. 1.05365. Tennessee ............ Construct I-40/SR 155 interchange, Davidson ..................................................................................................................................... 4.2366. Tennessee ............ Construct Crosstown Greenway/Bikeway, Springfield ........................................................................................................................ 3.2367. Maine ................. Studies and planning for reconstruction of East-West Highway ......................................................................................................... 3368. Florida ................ Construct Port of Palm Beach road access improvements, Palm Beach County, Florida. ...................................................................... 15.75369. New Jersey .......... Reconstruct Essex Street Bridge, Bergen Co. ..................................................................................................................................... 1.875370. Missouri .............. Relocate and reconstruct Route 21 between Schenk Rd. to Town of DeSoto ......................................................................................... 30371. New York ............ Improve Route 31 from Baldwinsville to County Route 57 ................................................................................................................... 8.8125372. Virginia ............... Upgrade Rt. 600 to facilitate access between I-81 and Mount Rogers National Recreation Area ............................................................ 5373. California ............ Construct I-380 connector between Sneath Lane and San Bruno Ave., San Bruno .............................................................................. 2.1374. Florida ................ Construct South Connector Road and Airport Road interchange in Jacksonville, Florida. ................................................................... 6.75375. Pennsylvania ....... Resurface current 219 bypass at Bradford ......................................................................................................................................... 4.875376. Kentucky ............ Construct Route 259-101 from Brownsville to I-65 ............................................................................................................................... 0.75377. California ............ Construct interchanges for I-10 in Coachella Valley, Riverside County ............................................................................................... 2.25378. New Mexico ......... Improve 84/285 between Espanola and Hernandez .............................................................................................................................. 4.5379. Pennsylvania ....... Upgrade 2 sections of US-6 in Tioga County ...................................................................................................................................... 1.125380. Wisconsin ............ Improve Janesville transportation ..................................................................................................................................................... 3381. Arkansas ............. Construct Baseline Road RR grade separation, Little Rock ................................................................................................................ 3.75

CONGRESSIONAL RECORD — HOUSEH3836 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

382. Virginia ............... Replace Shore Drive Bridge over Petty Lake, Norfolk ........................................................................................................................ 3383. Arizona ............... Replace US-93 Hoover Dam Bridge ................................................................................................................................................... 10384. Michigan ............. Operational improvements on M-24 from I-75 to the northern Oakland Co. border ............................................................................... 0.5385. Illinois ................ Reconstruct US-30, Will County. ....................................................................................................................................................... 6.75386. Minnesota ........... Construct Trunk Highway 610/10 from Trunk Highway 169 in Brooklyn Park to I-94 in Maple Grove ................................................... 12387. Illinois ................ Extend and reconstruct roadways through industrial corridor in Alton .............................................................................................. 4.2675388. Pennsylvania ....... Rehabilitate Jefferson Heights Bridge, Penn Hills .............................................................................................................................. 1.275389. Ohio .................... Construct Eastern US Rt. 23 bypass of Portsmouth ............................................................................................................................ 3.75390. Washington ......... Construct State Route 7 - Elbe rest area and interpretive facility in Pierce County, WA. ..................................................................... 0.45391. Michigan ............. Undertake capital improvements to facilitate traffic between Lansing and Detroit .............................................................................. 7.5392. New Mexico ......... Reconstruct US-84/US-285 from Santa Fe to Espanola ........................................................................................................................ 13.5393. Connecticut ......... Reconstruct Post Office/Town Farm Road in Enfield, Connecticut ..................................................................................................... 1.125394. Connecticut ......... Improve pedestrian and bicycle connections between Union Station and downtown New London ........................................................ 3.39395. Pennsylvania ....... Construct access to Tioga Marine Terminal, Ports of Philadelphia and Camden ................................................................................. 1.2396. Virginia ............... Downtown Staunton Streetscape Plan - Phase I in Staunton ............................................................................................................. 0.5397. Illinois ................ Construct Marion Street multi-modal project in Village of Oak Park .................................................................................................. 1.5398. California ............ Improve and construct I-80 reliever route project; Walters Road and Walters Road Extension Segments ............................................... 2.35399. Texas .................. Upgrade State Highway 24 from Commerce to State Highway 19 north of Cooper ................................................................................ 3.75400. Maryland ............ Construct pedestrian and bicycle path between Druid Hill Park and Penn Station, Baltimore ............................................................. 1.35401. California ............ Upgrade SR 92/El Camino interchange, San Mateo ............................................................................................................................ 2.775402. Illinois ................ Improve Sugar Grove US30 ............................................................................................................................................................... 1.875403. Illinois ................ Construct Sullivan Road Bridge over the Fox River ........................................................................................................................... 7.5404. Massachusetts ..... Construct Packets Landing Enhancement and Restoration Project, Town of Yarmouth ....................................................................... 0.75405. Michigan ............. Upgrade I-94 between M-39 and I-96 ................................................................................................................................................. 6406. Pennsylvania ....... Upgrade PA Route 21, Fayette and Greene Counties .......................................................................................................................... 5407. Indiana ............... Construct Gary Marina access road (Buffington Harbor) ................................................................................................................... 7.5408. Massachusetts ..... Replace deck of Chain Bridge over Merrimack River .......................................................................................................................... 0.759409. New Mexico ......... Improve US-70 southwest of Portales ................................................................................................................................................ 9410. California ............ Construct grade separation project at Redondo Junction, located in the North end of an Intermodal corridor of economic significance,

as defined by California Streets and Highways Code, Division 3, Chapter 4.7 (commencing with the Section 2190), Los Angeles ......... 6.65411. Arkansas ............. Widen West Phoenix Avenue and related improvements in Fort Smith, Arkansas. ............................................................................... 6412. Minnesota ........... Upgrade Cross-Range Expressway between Coleraine to CSAH 7 ........................................................................................................ 4.5413. California ............ Upgrade CA Rt. 2 Southern Freeway terminus and transportation efficiency improvements to Glendale Boulevard in Los Angeles ........ 12414. Massachusetts ..... Environmental studies, preliminary engineering and design of North-South Connector in Pittsfield to improve access to I-90 ................ 1.5415. Pennsylvania ....... Construct streetscape project in the Borough of Ambler, Montgomery County, PA .............................................................................. 0.072416. Pennsylvania ....... Construct improvements to the Park Road extension connecting U.S. 222 and U.S. 422, Spring Township ............................................. 2417. New York ............ FJ&G Rail/Trail Project in Fulton County ........................................................................................................................................ 0.525418. New Jersey .......... Upgrade Baldwin Ave. intersection to facilitate access to waterfront and ferry, Weehawken ............................................................... 2419. Kansas ................ Widen US-54 from Liberal, Kansas southwest to Oklahoma. ............................................................................................................... 6420. Washington ......... Improve Hillsboro Street/Highway 395 intersection in Pasco ............................................................................................................... 2.6625421. Texas .................. Construct ramp connection between Hammet St. to Highway 54 ramp to provide access to I-10 in El Paso ............................................ 11422. Ohio .................... Relocate State Route 60 from Zanesville to Dresden, Muskingum County ............................................................................................ 1.5423. Alabama .............. Construct the Montgomery Outer Loop from US-80 to I-85 via I-65 ..................................................................................................... 10.2375424. Oklahoma ............ Reconstruct US-99/SH377 from Prague to Stroud in Lincoln County ................................................................................................... 4.7425. Louisiana ............ Extend Louisiana Highway 42 between US-61 and I-10 in Ascension Parish ........................................................................................ 6426. Louisiana ............ Conduct feasibility study, design and construction of connector between Louisiana Highway 16 to I-12 in Livingston Parish ............... 3.75427. California ............ Construct capital improvements along I-680 corridor .......................................................................................................................... 2.25428. Texas .................. Relocation of Indiana Avenue between 19th street to North Loop 289 and Quaker Avenue intersection ................................................ 7.2429. Massachusetts ..... Renovate Union Station Intermodal Transportation Center in Worcester ............................................................................................ 6.5430. Texas .................. Construct Manchester grade separations in Houston ......................................................................................................................... 12431. Texas .................. Construct Titus County West Loop, Mount Pleasant ......................................................................................................................... 1.875432. New York ............ Construct County Road 50 in the vicinity of Windsor Avenue. ........................................................................................................... 1.36433. California ............ Construct parking lot, pedestrian bridge and related improvements to improve intermodal transportation in Yorba Linda .................... 1434. North Carolina .... Widen North Carolina Route 24 from Swansboro to US-70 in Onslow and Carteret Counties ................................................................ 2.25435. Minnesota ........... Construct Mankato South Route in Mankato .................................................................................................................................... 5.25436. Kentucky and In-

diana.Ohio River Major Investment Study Project, Kentucky and Indiana .................................................................................................. 40

437. California ............ Implement traffic management improvements, Grover Beach .............................................................................................................. 0.375438. Louisiana ............ Extend I-49 from I-220 to Arkansas State line .................................................................................................................................... 3.3439. Indiana ............... Construct East 79th from Sunnyside Road to Oaklandon Road in Lawrence ....................................................................................... 3440. Alabama .............. Construct Decatur Southern Bypass ................................................................................................................................................. 2441. California ............ Construct tunnel with approaches as part of Devils Slide project in San Mateo Co. ............................................................................. 6442. Ohio .................... Improve State Route 800 in Monroe County ....................................................................................................................................... 0.5443. Kentucky ............ Reconstruct KY-210 from Hodgenville to Morning Star Road, Larue County ....................................................................................... 6444. New York ............ Construct Route 17-Lowman Crossover in Ashland ............................................................................................................................ 3.6445. Illinois ................ Improve roads in the Peoria Park District ......................................................................................................................................... 0.81446. Massachusetts ..... Reconstruct North Street, Fitchburg ................................................................................................................................................. 0.75447. Massachusetts ..... Reconstruct Huntington Ave. in Boston ............................................................................................................................................ 3448. California ............ Undertake safety enhancements along Monterey County Railroad highway grade, Monerey Co. ......................................................... 2.1449. Michigan ............. Construct Bridge Street bridge project in Southfield .......................................................................................................................... 3.15450. Texas .................. Construct Concord Road Widening project, Beaumont ....................................................................................................................... 7.375451. Oregon ................ Restore the Historic Columbia River Highway including construction of a pedestrian and bicycle path under I-84 at Tanner Creek and

restoration of the Tanner Creek and Moffett Creek bridges ............................................................................................................. 2452. Ohio .................... Upgrade I-77/US-250/SR-39 interchange in Tuscarawas County .......................................................................................................... 1453. California ............ Construct Palisades Bluff Stabilization project, Santa Monica ........................................................................................................... 6454. New York ............ Improve the Route 31/I-81 Bridge in Watertown ................................................................................................................................. 1.85475455. Washington ......... Improve I-5/196th Street, Southwest Freeway interchange in Lynnwood, Washington. ........................................................................ 4.05456. Louisiana ............ Construct the Southern extension of I-49 from Lafayette to the Westbank Expressway ........................................................................ 4.125457. Kansas ................ Construct Phase II improvements to US-59 from US-56 to Ottawa ....................................................................................................... 9458. Tennessee ............ Construct US-27 from State Road 61 to Morgan County line ............................................................................................................... 4.125459. Maryland ............ Undertake transportation infrastructure improvements within Baltimore Empowerment Zone ............................................................. 10.975460. Kentucky ............ Construct Kentucky 31E from Bardstowns to Salt River ..................................................................................................................... 0.75461. Georgia ............... Construct multi-modal passenger terminal, Atlanta ........................................................................................................................... 12462. Kentucky ............ Construct connection between Natcher Bridge and KY-60 east of Owensboro. ..................................................................................... 2.25463. Minnesota ........... Reconstruct CSAH 48 extension, Brainerd/Baxter .............................................................................................................................. 0.24464. Kentucky ............ Complete I-65 upgrade from Elizabethtown to Tennessee State line. .................................................................................................... 3.75465. California ............ Construct the South Central Los Angeles Exposition Park Intermodal Urban Access Project in Los Angeles ......................................... 19.5466. Pennsylvania ....... Construct US-30 at PA-772 and PA-41 ............................................................................................................................................... 4.5467. Ohio .................... Upgrade 1 warning device on the rail line from Marion to Ridgeway .................................................................................................. 0.075468. Kentucky ............ Construct necessary connections for the Taylor Southgate Bridge in Newport and the Clay Wade Bailey Bridge in Covington .............. 7.125469. Maine ................. Replace Singing Bridge across Taunton Bay ..................................................................................................................................... 0.75470. California ............ Upgrade Price Canyon Road including construction of bikeway between San Luis Obispo and Pismo Beach ........................................ 0.825471. Illinois ................ Extend South 74th Street, Belleville .................................................................................................................................................. 0.375472. New Hampshire .... Reconstruct US-3 Carroll town line 2.1 miles north ............................................................................................................................ 1.786473. Minnesota ........... Upgrade 77th St. between I-35W and 24th Ave. to four lanes in Richfield ............................................................................................ 17.1474. New Jersey .......... Relocate and complete construction of new multi-modal facility, Weehawken ..................................................................................... 12475. New Jersey .......... Construct Route 4/17 interchange in Paramus .................................................................................................................................... 6.375476. Louisiana ............ Expand Perkins Road in Baton Rouge .............................................................................................................................................. 6.15477. New Jersey .......... Revitalize Route 130 from Cinnaminson to Willingboro ....................................................................................................................... 3478. Arkansas ............. Construct Highway 371 from Magnolia to Prescott ............................................................................................................................. 2.375479. Mississippi ........... Upgrade Alva-Stage Rd., Montgomery Co. ........................................................................................................................................ 1.125480. California ............ Construct pedestrian promenade, Pismo Beach .................................................................................................................................. 0.15481. California ............ Construct railroad at-grade crossings, San Leandro .......................................................................................................................... 0.375482. Ohio .................... Construct highway-rail grade separations on Heisley Road between Hendricks Road and Jackson Street in Mentor ............................. 6.205483. Illinois ................ Design and construct US-67 corridor from Jacksonville to Beardstown ................................................................................................ 10484. California ............ Construct VC Campus Parkway Loop System in Merced .................................................................................................................... 11485. Texas .................. Construct highway-rail-marine intermodal project, Corpus Christi ..................................................................................................... 8.25486. Pennsylvania ....... Construct US-322 Conchester Highway between US-1 and PA-452 ....................................................................................................... 18.75487. Pennsylvania ....... Construct Rt. 819/Rt. 119 interchange between Mt. Pleasant and Scottdale ......................................................................................... 6.9488. Illinois ................ Upgrade Western Ave., Park Forest .................................................................................................................................................. 0.0945489. Oregon ................ Relocate and rebuild intersection of Highway 101 and Highway 105, Clatsop Co. ................................................................................ 1.2490. Ohio .................... Upgrade Western Reserve Road, Mahoning Co. ................................................................................................................................. 2.4

CONGRESSIONAL RECORD — HOUSE H3837May 22, 1998

No. State Project description[Dollarsin Mil-lions]

491. California ............ Construct Nogales Street at Railroad Street grade separation in Los Angeles County, California. ........................................................ 6.5492. Nebraska ............. Construct South Beltway in Lincoln ................................................................................................................................................. 4.125493. Michigan ............. Acquire right-of-way and construct M-6 Grand Rapids South Beltline in Grand Rapids, Michigan. ..................................................... 18.72494. New York ............ Replace Route 92 Limestone Creek Bridge in Manlius ........................................................................................................................ 3495. Pennsylvania ....... Extend Martin Luther King, Jr. East Busway to link with Mon-Fayette Expressway .......................................................................... 4.5496. New York ............ Construct Furrows Road from Patchogue/Holbrook Road to Waverly Avenue in Islip .......................................................................... 1.2497. New Jersey .......... Construct East Windsor Bear Brook pathway system ......................................................................................................................... 0.27498. Texas .................. Widen State Highway 6 from FM521 to Brazoria County line and construct railroad overpass ............................................................. 9.15499. California ............ Construct I-10/Pepper Ave. Interchange ............................................................................................................................................ 6.6500. New York ............ Construct access road and entranceway improvments to airport in Niagara Falls ................................................................................ 2.25501. Minnesota ........... Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton Counties .............................................................................. 7.725502. North Carolina .... Upgrade I-85, Mecklenburg and Cabarrus Counties ........................................................................................................................... 19.5503. Oklahoma ............ Reconstruct County Road 237 from Indiahoma to Wichita Mountains Wildlife Refuge ......................................................................... 0.1875504. Illinois ................ Construct Towanda-Barnes Road in Mclean County ......................................................................................................................... 5.82505. Pennsylvania ....... Widen and signalize Sumneytown Pike and Forty Foot Road in Montgomery County, Pennsylvania. .................................................. 3.87506. Rhode Island ....... Construct Rhode Island Greenways and Bikeways projects with the amount provided $4,275,000 for the Washington Secondary

Bikepath, and $1,575,000 for the South County Bikepath Phase 2 .................................................................................................... 5.85507. Mississippi ........... Widen US-61 from Louisiana State line to Adams County .................................................................................................................. 0.6875508. Georgia ............... Conduct a study of a mutimodal transportation corridor from Lawrenceville to Marietta .................................................................... 1.8509. Missouri .............. Construct Jefferson Ave. viaduct over Mill Creek Valley in St. Louis .................................................................................................. 8.25510. New York ............ Conduct extended needs study for the Tappan Zee Bridge ................................................................................................................. 3511. Pennsylvania ....... Improve Park Avenue/PA 36 in Blair County ..................................................................................................................................... 0.45512. Texas .................. Construct the George H.W. Bush Presidential Corridor from Bryan to east to I-45 ............................................................................... 7.5513. New Mexico ......... Improve Uptown in Bernalillo County .............................................................................................................................................. 1.025514. Arkansas ............. Upgrade U.S. 65 in Faulkner and Van Buren Counties ...................................................................................................................... 3515. South Carolina .... Construct high priority surface transportation projects eligible for Federal-aid highway funds. ........................................................... 5.5516. Mississippi ........... Construct Lincoln Road extension, Lamar Co. ................................................................................................................................... 1.125517. Alaska ................. Construct Pt. Mackenzie Intermodal Facility .................................................................................................................................... 6.75518. Florida ................ Purchase and install I-275 traffic management system in Pinellas County, Florida. ............................................................................ 0.75519. Illinois ................ Construct US Route 67 bypass project around Roseville ..................................................................................................................... 8.775520. Massachusetts ..... Upgrade I-495 interchange 17 and related improvements inlcuding along Route 140 ............................................................................. 10.86521. Mississippi ........... Construct segment 2 and 3 of the Bryam-Clinton Corridor in Hinds County ........................................................................................ 0.6875522. New Jersey .......... Rehabilitate East Ridgewood Avenue over Roue 17 in Bergan County ................................................................................................ 2.7523. Michigan ............. Construct interchange at US-10/Bay City Road in Midland ................................................................................................................ 3524. North Carolina .... Construct US Route 17, Elizabeth City Bypass .................................................................................................................................. 3.375525. Virginia ............... Smart Road connecting Blacksburg, VA, to I-81 ................................................................................................................................ 1.025526. Oregon ................ Construct passing lanes on Highway 58 between Kitson Ridge Road and Mile Post 47, Lane Co. ......................................................... 4.5527. Kansas ................ Construct grade separations on US36 and US77 in Marysville, Kansas. .............................................................................................. 3.15528. Virginia ............... Upgrade Route 501 in the counties of Bedford, Halifax, and Campbell ................................................................................................ 0.75529. Pennsylvania ....... Construct Robinson Town Centre intermodal facility ......................................................................................................................... 2.025530. Nevada ................ Construct the US-395 Carson City Bypass ......................................................................................................................................... 3.75531. Indiana ............... Feasibility study of State Road 37 improvements in Noblesville, Elwood and Marion ........................................................................... 0.45532. Pennsylvania ....... Construct Newton Hamilton SR 3021 over Juniata River in Mifflin County ......................................................................................... 1.5533. Pennsylvania ....... Reconstruct PA-309 in Eastern Montgomery with $4,000,000 for noise abatement ................................................................................. 15.588534. Alabama .............. Upgrade Opoto-Madrid Blvd., Birmingham ....................................................................................................................................... 1.05535. Virginia ............... Conduct feasibility study for the construction I-66 from Lynchburg to the West Virginia border .......................................................... 0.5536. California ............ Rehabilitate pavement throughout Santa Barbara Co. ....................................................................................................................... 1.125537. Illinois ................ Design and construct I-72/MacArthur Boulevard interchange in Springfield ....................................................................................... 4.12525538. Illinois ................ Improve Constitution Avenue in Peoria ............................................................................................................................................. 2.6625539. Michigan ............. Upgrade East Jordon Road, Boyne City ............................................................................................................................................ 0.3540. Georgia ............... Construct noise barriers along GA-400 ............................................................................................................................................... 1.5541. Florida ................ Construct North East Dade Bike Path in North Miami Beach, Florida. .............................................................................................. 1.2542. Connecticut ......... Realign and extend Hart Street in New Britain ................................................................................................................................. 3543. Oregon ................ Construct roundabout at intersection of Highway 101 and Highway 202, Clatsop Co. .......................................................................... 0.3544. New York ............ Replace Route 28 bridge over NY State Thruway, Ulster Co. .............................................................................................................. 2.4545. California ............ Extend State Route 7 in Imperial County .......................................................................................................................................... 6546. Texas .................. Construct FM2234(McHard Road) from SH-35 to Beltway 8 at Monroe Boulevard ............................................................................... 4.8547. Dist. of Col. ......... Enhance recreational facilities along Rock Creek Parkway ................................................................................................................ 0.04775548. California ............ Construct SR-78/Rancho Del Oro interchange in Oceanside ............................................................................................................... 3.75549. Michigan ............. Upgrade M.L. King Drive. Genesee Co. ............................................................................................................................................. 1550. California ............ Reconstruct Grand Avenue between Elm Street and Halcyon Road, Arroyo Grande ............................................................................ 0.375551. Pennsylvania ....... Improve PA-41 between Delaware State line and PA-926 .................................................................................................................... 5552. California ............ Construct Los Angeles County Gateway Cities NHS Access ................................................................................................................ 6.6553. Michigan ............. Upgrade H-58 within Pictured Rocks National Lakeshore .................................................................................................................. 4.2554. Dist. of Col. ......... Rehabilitate Theodore Roosevelt Memorial Bridge ............................................................................................................................. 7.5555. Ohio .................... Undertake improvements to open Federal Street to traffic, Youngstown .............................................................................................. 2.08556. Pennsylvania ....... Improve PA 16 including intersection with Antrim Church Road ........................................................................................................ 1557. Ohio .................... Construct State Route 209 from Cambridge and Byesville to the Guernsey County Industrial Park ...................................................... 2.2558. California ............ Construct Port of Oakland intermodal terminal ................................................................................................................................. 6559. New York ............ Construct Wellwood Avenue from Freemont Street to Montauk Highway in Lindenhurst .................................................................... 1.2560. Louisiana ............ Construct Louisiana Highway 1 from the Gulf of Mexico to US-90 ...................................................................................................... 0.5625561. Mississippi ........... Refurbish Satartia Bridge, Yazoo City .............................................................................................................................................. 0.375562. North Carolina .... Construct bridge over Chockoyotte Creek in Halifex Co. ..................................................................................................................... 1.35563. Pennsylvania ....... Widen PA-413 in Bucks County ........................................................................................................................................................ 5.625564. North Carolina .... Construct US-13 from the Wilson the US-264 Bypass to Goldsboro in Wayne and Wilson Counties ....................................................... 2.625565. Pennsylvania ....... Construct Erie Eastside Connector .................................................................................................................................................... 16.2566. California ............ Construct Prunedale Bypass segment of U.S. 101, Monerey Co. .......................................................................................................... 1.65567. New York ............ Construct access road from Lake Avenue to Milestrip Road in Blasdell .............................................................................................. 0.24568. California ............ Construct State Route 905 between I-805 and the Otay Mesa Border Crossing, San Diego Co. .............................................................. 16569. Mississippi ........... Build an interchange at I–55 with connectors to Madison and Ridgeland ........................................................................................... 2.25570. Minnesota ........... Trunk Highway 53 DWP railroad bridge replacement, St. Louis Co. ................................................................................................... 3.6571. Texas .................. Construct US 77/83 Expressway extension, Brownsville ...................................................................................................................... 2.25572. New York ............ Upgrade and relocate Utica-Rome Expressway in Oneida County, New York. ..................................................................................... 14573. Pennsylvania ....... West Philadelphia congestion mitigation initiative ............................................................................................................................ 0.369574. Utah ................... Construct Phase II of the University Avenue Interchange in Provo .................................................................................................... 7.5575. California ............ Upgrade Osgood Road between Washington Blvd. and South Grimmer Blvd., Freemont ...................................................................... 1.5576. Missouri .............. Bull Shoals Lake Ferry in Taney County, Missouri. .......................................................................................................................... 0.52275577. Alaska ................. Construct capital improvements to the Alaska Marine Highway and related facilities in Ketchikan ..................................................... 2.25578. Maine ................. Improve Route 23 ............................................................................................................................................................................. 0.375579. Tennessee ............ Construct U.S. 45 bypass, Madison Co. ............................................................................................................................................. 1.5580. New York ............ Construct pedestrian access bridge from Utica Union Station ............................................................................................................. 0.25581. Michigan ............. Upgrade Groveland Mine Road, Dickinson ........................................................................................................................................ 0.375582. New York ............ Reconstruct Route 9 in Plattsburgh .................................................................................................................................................. 2.5155583. Mississippi ........... Upgrade Goose Pond Subdivision Roads, Tallahatchie Co. ................................................................................................................. 0.15584. Michigan ............. Construct US-131 Cadillac Bypass project ......................................................................................................................................... 2.25585. Pennsylvania ....... Construct Lawrenceville Industrial Access Road ............................................................................................................................... 7.5586. Massachusetts ..... Construct Housatonic-Hoosic bicycle network ................................................................................................................................... 3587. Connecticut ......... Construct the US Rt. 7 bypass project, Brookfield to New Milford town line ....................................................................................... 3.75588. New Jersey .......... Construct road from the Military Ocean Terminal to the Port Jersey Pier, Bayonne ............................................................................ 2.5589. Oregon ................ Repair Coos Bay rail bridge, Port of Coos Bay .................................................................................................................................. 5.5590. Minnesota ........... Complete construction of Forest Highway 11, Lake Co. ...................................................................................................................... 3.75591. Pennsylvania ....... Construct rail mitigation and improvement projects from Philadelphia to New Jersey Line .................................................................. 10592. Louisiana ............ Upgrade Lapalco Blvd. between Barataria Blvd. and US Hwy. 90, Jefferson Parish ............................................................................ 6593. Pennsylvania ....... Widen PA-228 from Criders Corners to State Route 3015 ..................................................................................................................... 0.9594. Pennsylvania ....... Improve PA-23 Corridor from US-30 Bypass between Lancaster County line and Morgantown ............................................................. 2.5595. Pennsylvania ....... Widen SR-247 and SR-2008 between 84 and Lackawanna Valley Industrial Highway for the Moosic Mountain Business Park .............. 8.175596. Massachusetts ..... Construct Nowottuck-Manhan Bike Trail connections, Easthampton, Amherst, Holyoke, Williamsburg and Northampton .................... 3597. Texas .................. Reconstruct bridges across the channel for the Port of Corpus Christi ................................................................................................ 4598. Minnesota ........... Construct TH 1 east of Northome including bicycle/pedestrian trail .................................................................................................... 0.18599. Alabama .............. Construct US-231/I-10 Freeway Connector from the Alabama border to Dothan ................................................................................... 1.0125600. New York ............ Construct CR-3 at Southern State Parkway overpass between Long Island Expressway and Colonial Springs ...................................... 1.12601. Massachusetts ..... Construct improvements along Route 18 to provide for access to waterfront and downtown areas, New Bedford ................................... 12

CONGRESSIONAL RECORD — HOUSEH3838 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

602. Pennsylvania ....... Construct road connector and bridge over Allegheny River to link New Kensington with Allegheny Valley Expressway ........................ 3.75603. Michigan ............. Replace Chalk Hills Bridge over Menominee River ............................................................................................................................. 0.3604. Utah ................... Improve 5600 West Highway from 2100 South to 4100 South in West Valley City .................................................................................. 3.75605. Pennsylvania ....... Construct Lackawanna River Heritage Trail in Lackawanna ............................................................................................................. 0.375606. South Carolina .... Widen and relocate SC-6 in Lexington County .................................................................................................................................. 6607. New York ............ Construct sound barriers on both sides of Grand Central Parkway between 172nd Street to Chevy Chase Road .................................... 1.455608. Connecticut ......... Improve Route 7 utility and landscaping in New Milford ................................................................................................................... 5.4609. New York ............ Conduct North Road Corridor study in Oswego County ..................................................................................................................... 1.125610. Arkansas ............. Upgrade US Route 412, Harrison to Mountain Home, Arkansas .......................................................................................................... 2.6625611. New York ............ Construct full access controlled expressway along NY Route 17 at Parkville, Sullivan Co. ................................................................... 4.5612. Florida ................ Construct Englewood Interstate connector from River Road to I-75 in Sarasota and Charlotte Counties ............................................... 5.5613. Minnesota ........... Reconstruct St. Louis CSAH 9 (Wallace Avenue) in Duluth from Fourth Street to Woodland Avenue. .................................................. 0.45614. New Jersey .......... Design, construct, and expand industrial Roads connecting Carteret with Woodbridge, and Route 35 with Perth Amboy for increased

truck traffic which will ease delays and traffic at Turnpike Exit 12 and Route 35 underpass east ..................................................... 3615. Virginia ............... Construct the Kemper Street Station connector road in Lynchburg ..................................................................................................... 1.5616. Iowa ................... Improve IA-60 Corridor from LeMar to MN State line ........................................................................................................................ 6.6617. Michigan ............. Operation improvements on M-15 from I-75 north to the Genesee County line ..................................................................................... 0.5618. Virginia ............... Upgrade Danville Bypass in Pittsylvania .......................................................................................................................................... 3619. Nebraska ............. Corridor study for Louisville South bypass from State Highway 66 to State Highway 50 ...................................................................... 0.075620. Arkansas ............. Study and construct Van Buren intermodal port facility in Van Buren, Arkansas .............................................................................. 0.225621. Alabama .............. Extend I-759 in Etowah County ........................................................................................................................................................ 13.5622. North Carolina .... Widen US-421 from North Carolina Route 194 to two miles East of US-221 ........................................................................................... 3.55623. New York ............ Reconstruct Ridge Road Bridge in Orange County ............................................................................................................................ 0.16624. South Carolina .... Construct North Charleston Regional Intermodal Center ................................................................................................................... 3625. Florida ................ Upgrade U.S. 319 between Four Points and Oak Ridge Road, Tallahasee ........................................................................................... 3.75626. Ohio .................... Complete safety/bicycle path in Madison Township ........................................................................................................................... 0.03627. Arkansas ............. Conduct design study and acquire right of way on US-71 in the vicinity of Fort Chaffee, Fort Smith ................................................... 3.75628. Mississippi ........... Construct East Metro Corridor in Rankin County, Mississippi. .......................................................................................................... 2.625629. Wyoming ............. Reconstruct Cheyenne Area Norris Viaduct ....................................................................................................................................... 3.5630. New York ............ Design and construct Outer Harbor Bridge in Buffalo. ...................................................................................................................... 6.06631. Pennsylvania ....... St. Thomas Signals Hade and Jack Rds US 30 in Franklin County ..................................................................................................... 0.15632. Texas .................. Upgrade State Highway 35 Yoakum District in Matagorda and Buazovia Counties ............................................................................. 6.91633. Minnesota ........... Construct highway construction between Highway 494 and Carver Co. Rd. 147 ................................................................................... 3634. Utah ................... Widen 106th South from I-15 to Bangerter Highway in South Jordan .................................................................................................. 4.5635. Florida ................ Construct pedestrian overpass from the Florida National Scenic Trail over I-4 .................................................................................... 1.875636. Illinois ................ Extend Rogers Street to mitigate congestion, Waterloo ....................................................................................................................... 1.425637. New York ............ Reconstruct and widen Route 78 from I-90 to Route 15 ....................................................................................................................... 4638. Ohio .................... Improve Alum Creek Drive from I-270 to Frebis Avenue in Franklin County ........................................................................................ 4639. Louisiana ............ Upgrade and widen I-10 between Williams Boulevard and Tulane Avenue in Jefferson and Orleans Parishes ....................................... 8640. Michigan ............. Improve I-94 in Kalamazoo County ................................................................................................................................................... 3.75641. Pennsylvania ....... Improve PA-8 between Cherry Tree and Rynd Farm .......................................................................................................................... 4.8642. Washington ......... Construct passenger ferry facility to serve Southworth, Seattle .......................................................................................................... 3.75643. Pennsylvania ....... Realign West 38th Street from Shunpike Road to Myrtle Street in Erie County .................................................................................... 5.4644. Ohio .................... Replace Jacobs Road Bridge, Mahoning Co. ...................................................................................................................................... 2645. Massachusetts ..... Upgrade Lowell Street between Woburn Street and Route 38, Town of Wilmington .............................................................................. 1.08646. Oklahoma ............ Improve Battiest-Pickens Road between Battiest and Pickens in McCurtain County ........................................................................... 1.6647. Indiana ............... Improve State Road 31 in Columbus .................................................................................................................................................. 0.375648. Oregon ................ Construct bike path along Willamette River, Corvallis ....................................................................................................................... 0.8649. New York ............ Reconstruct Flushing Avenue between Humboldt Street and Cypress Avenue ...................................................................................... 3.75650. Missouri .............. Construct bike/pedestrian path between Delmar Metrolink Station and University City loop business district in St. Louis .................... 0.6651. Wisconsin ............ Construct U.S. Highway 151 Fond du Lac Bypass ............................................................................................................................. 22.5652. Illinois ................ Upgrade U.S. 45 between Eldorado and Harrisburg ............................................................................................................................ 10.2653. Pennsylvania ....... Improve US 22/Canoe Creek Blair County .......................................................................................................................................... 1.5654. California ............ Reconstruct and widen Mission Road, Alhambra ............................................................................................................................... 2.4375655. West Virginia ....... Construct safety improvements on Route 82 (Fayette Station Road), Fayette County .......................................................................... 1656. Ohio .................... Widen and reconstruct State Route 82 from Lorain/Cuyahoga County line to I.R. 77. .......................................................................... 7657. Michigan ............. Facilitate access between I-75 and Soo Locks through road reconstruction, bikepath construction and related improvements, Sault Ste.

Marie ........................................................................................................................................................................................... 0.375658. Kentucky ............ Construct Savage-Cedar Knob Bridge at Koger Creek ........................................................................................................................ 0.2625659. New York ............ Construct intermodal facility in New Rochelle, Westchester Co. ......................................................................................................... 6.438660. Virgin Islands ...... Upgrade West-East corridor through Charlotte Amalie ...................................................................................................................... 6661. Ohio .................... Upgrade SR 800 rest stop in Monroe County ...................................................................................................................................... 0.04662. Michigan ............. Improve the I-73 corridor in Jackson and Lenawee Counties .............................................................................................................. 3.9375663. Nevada ................ Widen I-50 between Fallon and Fernley ............................................................................................................................................ 3664. California ............ Improve and modify the Port of Hueneme Intermodal Corridor - Phase II in Ventura County .............................................................. 16.8665. Louisiana ............ Construct and equip Transportation Technology and Emergency Preparedness Center in Baton Rouge, Louisiana. ............................. 5.4666. Michigan ............. Rehabilitate Lincoln St., Negaunee ................................................................................................................................................... 0.1275667. Missouri .............. Construction US-67/Route 60 interchange in Popular Bluff, Missouri. ................................................................................................ 6668. New York ............ Upgrade Riverside Drive between 97th St. and Tiemann, New York City ............................................................................................. 1.5669. New York ............ Capital improvements for the Red Hook Barge in NY/NJ for the Port Authority of NY/NJ .................................................................... 3670. Maryland ............ Upgrade US-113 north of US-50 to MD-589 in Worcester County, Maryland ........................................................................................ 18671. Rhode Island ....... Implement transportation alternative relating to Court Street Bridge, Woonsocket .............................................................................. 0.15672. Pennsylvania ....... Construct Frazier Township interchange on SR-28 in Alleghany ........................................................................................................ 2.25673. California ............ Rehabilitate Artesia Blvd. ................................................................................................................................................................ 3674. Illinois ................ Undertake access improvements to U.S. Rt. 41, Chicago ..................................................................................................................... 2.8125675. Colorado .............. Construct Wadsworth Boulevard improvement project in Arvada ....................................................................................................... 0.25676. Indiana ............... Construct I-70/Six Points interchange in Marion and Hendricks County ............................................................................................. 14.9625677. Alabama .............. Construct repairs to viaducts connecting downtown and midtown areas, Birmingham ......................................................................... 0.45678. Illinois ................ Construct VFW Road/Veteran’s Drive from Townline Road to Broadway Road in Pekin, Illinois ......................................................... 3.69675679. Pennsylvania ....... Design, engineer, ROW acquisition and construct the Wilkes-Barre/Scranton International Airport Access Road between Route 315 and

Commerce Blvd. ............................................................................................................................................................................ 1.5680. Dist. of Col. ......... Construct bicycle and pedestrian walkway (Metropolitan Branch Trail), Union Station to Silver Spring .............................................. 8.5681. New Jersey .......... Construct interchange improvements and flyover ramps at I-80W to Route 23N in Passaic Co. ............................................................. 8.5682. Washington ......... Undertake SR 166 slide repair ........................................................................................................................................................... 4.875683. Connecticut ......... Reconstruct Broad Street in New Britain .......................................................................................................................................... 2.4684. Massachusetts ..... Reconstruct Route 126 and replace bridge spanning Route 9, Town of Framingham ............................................................................ 3.525685. New Mexico ......... Extend Unser Boulevard in Albuquerque ........................................................................................................................................... 0.65686. Massachusetts ..... Implement Phase II of unified signage system, Essex Co. .................................................................................................................... 0.29325687. New Hampshire .... Construct Manchester Airport access road in Manchester .................................................................................................................. 8.025688. Pennsylvania ....... Improve US 22/PA 866 Intersection in Blair County ........................................................................................................................... 1.5689. California ............ Improve Rancho Sante Fe Road in Carlsbad ..................................................................................................................................... 2.25690. New York ............ Renovate State Route 9 in Phillipstown ............................................................................................................................................ 3.84691. Florida ................ Construct Greater Orlando Aviation Authority Consolidated Surface Access in Orlando ..................................................................... 1.00575692. Missouri .............. Upgrade Route 169 between Smithville and north of I-435, Clay Co. ................................................................................................... 5693. Virginia ............... Rennovate Greater Richmond Transit transportation facility, Richmond ............................................................................................ 3.75694. Texas .................. Conduct feasability study on upgrading SH 16 in South Texas. .......................................................................................................... 0.1875695. Florida ................ Construct interchange at 21st Street to provide access to Talleyrand Marine Terminal ........................................................................ 9.475696. Pennsylvania ....... Gettysburg comprehensive road improvement study ........................................................................................................................... 3697. South Dakota ...... Construct Eastern Dakota expressways, to include construction of four lane highways for South Dakota Highway 37 between Huron

and Mitchell; U.S. Highway 83 between Pierre and I-90; and U.S. Highway 12 between Aberdeen and I-29. ...................................... 34.804698. West Virginia ....... Construct Shawnee Parkway between junction with the I-73/74 Corridor and I-77 ............................................................................... 3.75699. Texas .................. Construct State Highway 121 from I-30 to US-67 in Cleburne .............................................................................................................. 25700. Ohio .................... Improve and construct SR-44/Jackson Street Interchange in Painesville .............................................................................................. 2701. California ............ Construct four-lane highway facility (Hollister Bypass), San Benito Co. ............................................................................................ 2.25702. Florida ................ Construct I-4 reversible safety lane in Orlando .................................................................................................................................. 10.5703. Ohio .................... Relocate Harrison/Belmont US 250 .................................................................................................................................................... 2704. Illinois ................ Widen 143rd Street in Orland Park ................................................................................................................................................... 4705. Tennessee ............ Implement middle Tennessee alternative transportation system along the Stones River in Murfreesboro ............................................... 9.5706. Florida ................ Construct County Road 470 Interchange with Florida Turnpike ......................................................................................................... 6707. California ............ Implement safety and congestion mitigation improvements along Pacific Coast Highway, Malibu ........................................................ 0.65708. Dist. of Col. ......... Conduct studies and related activities pertaining to proposed intermodal transportation Center, D.C. ................................................. 0.75709. New Jersey .......... Construct Route 31 Fleming Bypass in Hunterdon County, New Jersey. .............................................................................................. 11.55

CONGRESSIONAL RECORD — HOUSE H3839May 22, 1998

No. State Project description[Dollarsin Mil-lions]

710. Massachusetts ..... Construct TeleCom Boulevard with access via Commercial Street and Corporation Way to the west of Malden River and with accessvia Santilli Highway to the east of the river in Everett, Medord and Malden ................................................................................... 5.25

711. Pennsylvania ....... Improve access to Raystown in Huntingdon County .......................................................................................................................... 1.125712. Illinois ................ Study upgrading Illinois 13/127 between Murphysboro and Pinckneyville ........................................................................................... 1.575713. Michigan ............. Widen Arch St., Negaunee ................................................................................................................................................................ 0.06714. Georgia ............... Widen US-84 South from US-82 to the Ware County Line in Waycross and Ware Counties .................................................................. 2.4715. Michigan ............. Improve drainage on 6th Street in Menominee ................................................................................................................................... 0.1125716. Massachusetts ..... Replace Brightman Street bridge in Fall River ................................................................................................................................... 7.23717. Kentucky ............ Construct Newton Pike Extension between West Main St. to South Limestone in Lexington ................................................................ 6718. South Carolina .... Construct pedestrian walkway and safety improvements along SC 277, Richland Co. .......................................................................... 0.8719. Illinois ................ Conduct Midwest Regional intermodal facility feasibility study in Rochelle ........................................................................................ 0.3720. Pennsylvania ....... Reconfigure I-81 Exit 2 Ramp in Franklin County ............................................................................................................................. 0.525721. Virginia ............... Planning and design for Coalfields Expressway, Buchanan, Dickenson and Wise Counties ................................................................. 1722. Virginia ............... Construct the Lynchburg/Madison Heights bypass in Lynchburg ....................................................................................................... 1.5723. Massachusetts ..... Construct Cambridge Roadways Improvement project, Cambridge ....................................................................................................... 2.25724. Connecticut ......... Construct I-95 interchange, New Haven ............................................................................................................................................ 19.5725. Pennsylvania ....... Conduct study and construct Ft. Washington transportation improvements, Upper Dublin, PA. .......................................................... 0.45726. Michigan ............. Reconstruct I-75/M-57 interchange .................................................................................................................................................... 10.5727. Minnesota ........... Construct railroad crossing connecting University of MN with City of Crookston ................................................................................ 0.15728. Massachusetts ..... Construct bicyle and pedestrian facility (The Riverwalk), Peabody .................................................................................................... 1.08729. Pennsylvania ....... Upgrade PA 61 between PA 895 and SR 2014, Schuylkill Co. ............................................................................................................... 5730. Tennessee ............ Construct SR22 Bypass, Obion Co. .................................................................................................................................................... 7.5731. California ............ Improve streets and highways, and/or construct sound walls, Thousand Oaks .................................................................................... 1.25732. New York ............ Complete engineering, design, environment reviews and other preliminary work for the Miller Highway relocation project in New York 6733. Michigan ............. Construct M-5 Haggerty Connector ................................................................................................................................................... 2.4734. Pennsylvania ....... Improve Sidling Hill Curve and Truck Escape in Fulton County ........................................................................................................ 0.375735. Texas .................. Construct circumferential freeway loop around Texarkana ................................................................................................................ 7.425736. Massachusetts ..... Reconstruct Route 2/Jackson Road interchange, Lancaster ................................................................................................................ 2.7737. Washington ......... Improve Clinton Ferry Terminal ....................................................................................................................................................... 3.5738. California ............ Upgrade Bristol St., Santa Ana ........................................................................................................................................................ 5.25739. Pennsylvania ....... Construct US-30 Bypass from Exton Bypass to PA-10 ........................................................................................................................ 3740. Maine ................. Rehabilitate Piscataqua River bridges, Kittery .................................................................................................................................. 3.9375741. California ............ Construct extension of State Route 180 between Rt. 99 and the Hughes/West Diagonal ........................................................................ 6742. California ............ Construct Ocean Boulevard and Terminal Island Freeway interchange in Long Beach, California. ..................................................... 15743. Nevada ................ Extend I-580 in Washie and Douglas Counties ................................................................................................................................... 3.75744. Massachusetts ..... Preliminary design of Route 2 connector to downtown Fitchburg ....................................................................................................... 1.5745. Illinois ................ Improve and construct grade separation on Cockrell Lane in Springfield ............................................................................................ 1.8746. Virginia ............... Aquire land and construct segment of Daniel Boone Heritage Trail (Kane Gap section), Jefferson National Forest ............................... 0.5747. Virginia ............... Construct Route 288 in the Richmond Metropolitan Area ................................................................................................................... 18.75748. New York ............ Construct congestion mitigation project for Brookhaven .................................................................................................................... 3.75749. Ohio .................... Construct Licking-Thornwood Connector in Licking County .............................................................................................................. 1.5750. Louisiana ............ Construct Florida Expressway in St. Bernard and Orleans Parishes ................................................................................................... 0.15751. Georgia ............... Construct North River Causeway and Bridge, St. Mary’s County ....................................................................................................... 2.175752. Missouri .............. Upgrade Eastern Jackson County, Jackson Co. ................................................................................................................................. 4.5753. Texas .................. Conduct MIS for Multimodal Downtown Improvement Project, San Antonio ...................................................................................... 0.75754. Kansas ................ Construct road and rail grade separations in Wichita ........................................................................................................................ 26.25755. Florida ................ Construct Cross Seminole Trail connection in Seminole County .......................................................................................................... 1.125756. Oregon ................ Upgrade I-5/Highway 217 interchange, Portland ................................................................................................................................ 5.25757. Ohio .................... Construct St. Clairsville Bike Path in Belmont County ...................................................................................................................... 0.5758. South Carolina .... Widen North Main Street, Columbia ................................................................................................................................................. 9759. Hawaii ................ Upgrade Puuloa Road between Kamehameha Highway and Salt Lake Blvd. ...................................................................................... 6.75760. Alabama .............. Construct new I-10 bridge over the Mobile River in Mobile, Alabama. ................................................................................................. 10.78125761. Alaska ................. Construct Coffman Cove ferryboat .................................................................................................................................................... 2.25762. Ohio .................... Upgrade US-30 from Wooster to Riceland .......................................................................................................................................... 22.5763. Missouri .............. Replace bridge on Route 92, Platte Co. .............................................................................................................................................. 1764. Maryland ............ Reconstruct segment of Baltimore Beltway between U.S. 1 and I-70 .................................................................................................... 6.75765. Minnesota ........... Construct Gunflint Realignment project, Grand Marais ..................................................................................................................... 0.6766. Colorado .............. Construct alternative truck route in Montrose ................................................................................................................................... 4.2767. Pennsylvania ....... Improve I-95/PA-413 Interchange in Bucks County ............................................................................................................................ 5.625768. Hawaii ................ Construct improvements to H-1 between the Waiawa interchange and the Halawa interchange ........................................................... 15769. California ............ Construct new I-95 interchange with Highway 99W, Tehama Co. ....................................................................................................... 2.2770. Florida ................ Widen US-17/92 in Volusia County .................................................................................................................................................... 1.35771. South Carolina .... Construct I-77/SC #S-20-30 interchange, Fairfield Co. ........................................................................................................................ 5.25772. Illinois ................ Construct access road to Melvin Price Locks and Dam Visitors Center, Madison Co. ........................................................................... 1.125773. Washington ......... Reconstruct I-5 interchange, City of Lacy ......................................................................................................................................... 1.125774. Maryland ............ Construct improvements a I-270/MD-187 interchange .......................................................................................................................... 5.5775. Alabama .............. Construct Finley Ave. Extension East project .................................................................................................................................... 2.925776. Connecticut ......... Construct Greenmanville Ave. streetscape extension, including feasibility study, in towns of Groton, Stonington and Mystic ................ 6.3777. Alabama .............. Construct Anniston Eastern Bypass from I-20 to Fort McClellan in Calhoun County .......................................................................... 40.14778. Louisiana ............ Construct Causeway Boulevard/Earhart Expressway interchange in Jefferson, Parish, Louisiana. ...................................................... 4779. California ............ Create recreational trails in Santa Monica Mountains National Recreation Area ................................................................................ 6780. Georgia ............... Widen and reconstruct Corder Road from Pineview Drive to the Russell Parkway ............................................................................... 2.55781. Massachusetts ..... Construct Hyannis Intermodal Transportation Center, Hyannis ......................................................................................................... 2.4782. Oregon ................ Construct South Rivergate rail overcrossing in Portland .................................................................................................................... 11783. Arkansas ............. Improve Arkansas State Highway 59 from Rena Road to Old Uniontown Road in Van Buren .............................................................. 1.875784. Rhode Island ....... Reconstruct Pawtucket Ave. and Wilcott St., Pawtucket .................................................................................................................... 1.125785. New Hampshire .... Improve the Bridge Street bridge in Plymouth ................................................................................................................................... 1.036786. Louisiana ............ Install computer signal synchronization system in Baton Rouge ........................................................................................................ 4.875787. Pennsylvania ....... Improve Oxford Valley Road/US-1 interchange in Bucks County ........................................................................................................ 1.5788. Pennsylvania ....... Construct US-6 Tunkhannock Bypass in Wyoming County ................................................................................................................ 1.8789. Florida ................ Construct US17/92 and SR-436 interchange in Orange/Osceola/Seminole County region ........................................................................ 2.0625790. North Carolina .... Upgrade US 13/NC11 (including Bethel bypass) in Pitt and Edgecombe Counties ................................................................................. 3.375791. Massachusetts ..... Conduct planning and engineering for connector route between I-95 and industrial/business park, Attleboro ....................................... 0.8792. Virginia ............... Construct I-73 from Roanoke to the North Carolina border ................................................................................................................. 6793. California ............ Upgrade Route 4 West in Contra Costa Co. ....................................................................................................................................... 7.5794. Florida ................ Construct I-4/John Young Parkway interchange project in Orlando ................................................................................................... 10.24425795. Pennsylvania ....... Construct US-202 Section 600 Phase I Early Action project in Upper Gwynedd and Lower Gwynedd .................................................... 4.5796. Alabama .............. Construct Historic Whistler Bike Trail in Prichard, Alabama ............................................................................................................. 0.5025797. Missouri .............. Upgrade Route 6 between I-29 and Route AC, St. Joseph ................................................................................................................... 5798. Iowa ................... Conduct study of Port of Des Moines, Des Moines ............................................................................................................................. 0.075799. California ............ Improve State Route 57 interchange at Lambert Road in Brea ............................................................................................................ 0.985800. Pennsylvania ....... Improve ramp junctions at intersection of S.R. 114 and Interstate 83, Fairview Township .................................................................... 3801. Mississippi ........... Upgrade Land Fill Road, Panola Co. ................................................................................................................................................ 0.75802. California ............ Construct bike path between Sepulveda Basin Recreation Area and Warner Center/Canoga Park, Los Angeles .................................... 1.873803. Wisconsin ............ Upgrade U.S. 51 Tomahark Bypass ................................................................................................................................................... 3.75804. North Carolina .... Construct segment of Raleigh Outer Loop, Wake Co. ......................................................................................................................... 2.025805. Michigan ............. Conduct feasibility study on widening US-12 to three lanes between US-127 and Michigan Highway 50. .............................................. 0.1875806. California ............ Widen US-101 from Windsor to Arata Interchange ............................................................................................................................. 1.1807. Oregon ................ Upgrade access road and related facilities to Port of Port Orford ....................................................................................................... 1.5808. Pennsylvania ....... Allegheny Trail from Pittsburgh, Pennsylvania to Cumberland, Maryland ......................................................................................... 6809. Texas .................. Improve I-35 West from Spur 280 to I-820 in Fort Worth ..................................................................................................................... 3810. Michigan ............. Reconstruct Co.Rd. 612 and Co.Rd. 491, Montmorency Co. ................................................................................................................. 0.6825811. California ............ Improve Folsom Boulevard - Highway 50 in the city of Folsom ........................................................................................................... 4.275812. Illinois ................ Improve Illinois Route 29 in Sangamon and Christian Counties .......................................................................................................... 1.725813. Tennessee ............ Upgrade SR 386 between US 31 to the Gallatin Bypass, Sumner Co. .................................................................................................... 1.06814. Washington ......... Improve primary truck access route on East Marine View Drive, FAST corridor in Washington. .......................................................... 4.9815. Minnesota ........... Construct grade separated interchange at south junction of TH 371/Brainerd bypass .......................................................................... 0.75816. California ............ Upgrade Greenville Rd. and construct railroad underpass, Livermore ................................................................................................. 5.1817. Washington ......... Construct State Route 305 corridor improvements in Poulsbo, Washington. ......................................................................................... 3.15818. Tennessee ............ Widen US-321 from Kinzel Springs to Wean Valley Road ................................................................................................................... 6.825819. Iowa ................... Construct the Julien Dubuque Bridge over the Mississippi River at Dubuque ...................................................................................... 21820. Michigan ............. Conduct preliminary engineering, acquire right-of-way and construct I-75/North Down River Road interchange .................................. 1.125

CONGRESSIONAL RECORD — HOUSEH3840 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

821. Virginia ............... Conduct historic restoration of Roanoke Passanger Station in Roanoke ............................................................................................. 0.5822. New York ............ Undertake Linden Place reconstruction project, Queens .................................................................................................................... 5.25823. Illinois ................ Reconstruct interchange at I-294, 127th St. and Cicero Ave. with new ramps to the Tri-State Tollway, Alsip ........................................ 23.495824. Louisiana ............ Improve US-165 from Alexandria to Monroe ...................................................................................................................................... 30825. Pennsylvania ....... Construct Western Innerloop from PA-26 to State Route 3014 ............................................................................................................. 2.7826. Alaska ................. Improve Dalton Highway ................................................................................................................................................................. 3.75827. Pennsylvania ....... Relocate US-219 Ridgeway, Pennsylvania, truck bypass connector along Osterhout Street .................................................................. 3.75828. Mississippi ........... Widen State Route 24 from Liberty to I-55 ......................................................................................................................................... 0.6875829. California ............ Widen I-15 in San Bernardino County, California. ............................................................................................................................ 18830. Virginia ............... Complete North Section of Fairfax County Parkway in Fairfax County, Virginia. .............................................................................. 7.5831. New York ............ Rehabilitate segment of Henry Hudson Parkway between Washington Bridge and Dyckman St., New York City .................................. 1.5832. Iowa ................... Relocate IA-192 and Avenue G viaduct in Council Bluffs ................................................................................................................... 4.5833. Pennsylvania ....... Improve T-344 Bridge over Mahantango Creek in Snyder County ....................................................................................................... 0.525834. California ............ Construct Phase 3 of Alameda Street project, Los Angeles .................................................................................................................. 2.5835. Texas .................. Construct Texas State Highway 49 between FM 1735 to Titus/Morris Co. line ...................................................................................... 4.8836. Virginia ............... Construct access road and related facilities for Fisher Peak Mountain Music Interpretive Center on Blue Ridge Parkway .................... 2.7837. Michigan ............. Construct grade separation on Sheldon Road, Plymouth .................................................................................................................... 5.25838. Michigan ............. Upgrade Three Mile Road, Grand Traverse ....................................................................................................................................... 0.75839. Ohio .................... Relocate SR-30 for final design of south alternative in Carroll County, Ohio ...................................................................................... 1840. Tennessee ............ Improve State Road 60 from Waterville to US-64 in Bradley County ................................................................................................... 1.2841. Washington ......... Construct 192nd Street from Sr-14 to SE 15th ..................................................................................................................................... 3.75842. Wisconsin ............ Reconstruct U.S. Highway 10, Waupaca County ............................................................................................................................... 9843. Minnesota ........... Upgrade Highway 73 from 4.5 miles north of Floodwood to 22.5 miles north of Floodwood ................................................................... 2.775844. New York ............ Reconstruct Mamaroneck Ave., White Plains, Harrison and Mamaroneck .......................................................................................... 4.375845. Pennsylvania ....... Reconfigure Pennsylvania Turnpike/Route 13 interchange ................................................................................................................. 0.375846. Pennsylvania ....... Widen and improve Route 449 in Potter County ................................................................................................................................. 0.75847. Puerto Rico ......... Upgrade PR 3 between Rio Grande and Fajardo ................................................................................................................................ 6848. Illinois ................ Constuct Peoria City River Center parking facility in Peoria ............................................................................................................. 3849. New Jersey .......... Consrtuct Route29/129 bicycle, pedestrian and landscape improvement plan ........................................................................................ 4.125850. Tennessee ............ Upgrade Briley Parkway between McGavock Pike and I-65 ................................................................................................................ 4.2851. Connecticut ......... Widen Route 4 in Torrington ............................................................................................................................................................ 2.1852. California ............ Widen 5th Street and replace 5th Street bridge in Highland, California. ............................................................................................. 0.75853. Wisconsin ............ Construct U.S. Highway 10, Freemont to Appleton ............................................................................................................................ 3854. Missouri .............. Upgrade US-71 interchange in Carthage, Missouri. ............................................................................................................................ 0.75855. New York ............ Construct Fordham University regional transportation facility .......................................................................................................... 1.75856. Missouri .............. Upgrade US-63 in Howell County, Missouri. ...................................................................................................................................... 6857. Alabama .............. Construct East Foley corridor project from Baldwin County Highway 20 to State Highway 59 in Alabama. .......................................... 5.25858. New York ............ Reconstruct Washington County covered bridge project ..................................................................................................................... 1.7859. California ............ Upgrade Route 4 East in Contra Costa Co. ........................................................................................................................................ 8.5860. Pennsylvania ....... Complete Broad Street ramps at Route 611 bypass in Bucks County .................................................................................................... 1.6725861. Missouri .............. Construct Strother Rd./I-470 interchange, Jackson Co. ....................................................................................................................... 3862. Massachusetts ..... Upgrade Rt. 9/Calvin Coolidge Bridge, Hadley .................................................................................................................................. 9.375863. Ohio .................... Rail mitigation and improvement projects from Vermillion to Conneaut .............................................................................................. 9864. Massachusetts ..... Construct I-95/I-93 interchange, Boston ............................................................................................................................................ 3.75865. West Virginia ....... Construct Riverside Expressway, Fairmont ....................................................................................................................................... 27866. Ohio .................... Construct greenway enhancements in Madison ................................................................................................................................. 2.3867. Tennessee ............ Reconstruct US-27 in Morgan County ............................................................................................................................................... 2.25868. West Virginia ....... Upgrade US Rt. 35 between I-64 and South Buffalo Bridge ................................................................................................................ 31869. California ............ Construct I-5/Avenida Vista Hermosa interchange in San Clemente .................................................................................................... 2.25870. Missouri .............. Upgrade Route 36 between Hamilton and Chillicothe ......................................................................................................................... 20871. Illinois ................ Replace Lebanon Ave. Bridge and approaches, Belleville ................................................................................................................... 0.75872. Kentucky ............ Construct US-127: $5,250,000 for the Albany Bypass from KY696 to Clinton County High School and $3,161,250 for the segment between

KY696 and the Tennessee State Line. ............................................................................................................................................. 8.41125873. Tennessee ............ Improve US-64 in Hardeman and McNariy Counties .......................................................................................................................... 3.75874. Connecticut ......... Replace bridges over Harbor Brook, Meriden ..................................................................................................................................... 4.9125875. Colorado .............. Reconstruct I-225/Iliff Avenue interchange in Aurora ........................................................................................................................ 3.625876. Connecticut ......... Reconstruct I-84 between vicinity of Route 69 in Waterbury and Marion Avenue in Southington ......................................................... 4.5877. New York ............ Improve Cross Westchester Expressway ............................................................................................................................................. 0.75878. Oregon ................ Design and engineering for intermodal transportation center, Astoria ................................................................................................ 0.225879. Hawaii ................ Construct Kapaa Bypass .................................................................................................................................................................. 8.25880. Pennsylvania ....... Construct enhancements and related measures, including purchase of vans for reverse commutes, to intermodal facility located at

intersection of 52nd and Lancaster Ave., Philadelphia .................................................................................................................... 3881. Washington ......... Construct Edmonds Crossing Multi-modal transportation project in Edmonds, Washington. ................................................................ 4.5882. Ohio .................... Construct Chagrin River/Gulley Brook corridor scenic greenway along I-90 in Lake County ................................................................ 1.045883. California ............ Construct interchange between I-15 and Main Street in Hesperia, California. ..................................................................................... 7.5884. Texas .................. Reconstruct State Highway 87 between Sabine Pass and Bolivar Penninsula, McFadden Beach .......................................................... 0.9705885. California ............ Widen State Route 29 between Route 281 and Route 175 ..................................................................................................................... 0.275886. New York ............ Construct Hudson River scenic overlook from Route 9 to Waterfront in Poughkeepsie ......................................................................... 0.336887. Indiana ............... Expand 126th Street in Carmel .......................................................................................................................................................... 0.75888. Florida ................ Widen Gunn Highway between Erlich Road and South Mobley Road in Hillsborough County ............................................................. 1.5889. Pennsylvania ....... Relocate PA-113 at Creamery Village in Skippack .............................................................................................................................. 2.7890. Michigan ............. Upgrade Van Dyke Road between M-59 and Utica City limits ............................................................................................................ 2.775891. New Jersey .......... Replace the Ocean City-Longport bridge in Cape May County, New Jersey. ....................................................................................... 19.5892. New York ............ Construct County Road 93 between NYS 27 and NYS 454. .................................................................................................................. 0.515893. Mississippi ........... Upgrade Brister Rd. between Tutwiler and Coahoma County line, Tallahatchie Co. ........................................................................... 0.3825894. California ............ Conduct highway 65 improvement and mitigation project ................................................................................................................... 4.275895. Michigan ............. Construct road drainage improvements, Suttons Bay Village .............................................................................................................. 0.18896. Pennsylvania ....... Construct 25.5 miles of the Perkiomen Trail ....................................................................................................................................... 0.486897. Illinois ................ Upgrade Bishop Ford Expressway/142nd St. interchange .................................................................................................................... 1.125898. Maine ................. Implement rural ITS ........................................................................................................................................................................ 0.1875899. Mississippi ........... Widen US-84 from I-55 at Brookhaven to US-49 at Collins .................................................................................................................. 0.6875900. Washington ......... Widen Columbia Center Boulevard in Kennewick .............................................................................................................................. 1.2075901. Indiana ............... Repair signal wires, grade-crossing warning devices and other safety protections along South Shore Railroad between Gary and Michi-

gan City ....................................................................................................................................................................................... 0.275902. Florida ................ Replace St. Johns River Bridge in Volusia and Seminole Counties ...................................................................................................... 10.5903. Louisiana ............ Construct East-West Corridor project in Southwest Louisiana ............................................................................................................ 0.75904. New York ............ Improve and reconstruct Commerce Street in York Town .................................................................................................................... 0.28905. Washington ......... Widen SR-522 in Snohomish County: $3,650,000 for phase 1 from SR-9 to Lake Road; $1,550,000 to construct segment from Paradise

Lake Road to Snohomish River Bridge ........................................................................................................................................... 5.2906. New Jersey .......... Design and construct pedestrian access facility from Joseph G. Minish Waterfront Park over Route 21 to the New Jersey Performing

Arts Center and the contiguous light rail station in Newark ........................................................................................................... 1907. Kentucky ............ Construct a segment of the I-66 corridor from Somerset to I-75 ............................................................................................................ 11.25908. Michigan ............. Construct arterial connector between US41/M28 and Co.Rd. 480, Marquette ........................................................................................ 0.375909. Wisconsin ............ Upgrade State Highway 29 between Green Bay and Wausau .............................................................................................................. 9910. Georgia ............... Construct surface transportation facilities along Atlanta-Griffin-Macon corridor ............................................................................... 29.25911. Oregon ................ Repair Port of Hood River Bridge Lift Span project ........................................................................................................................... 1.125912. Pennsylvania ....... Construct noise abatement barriers along US-581 from I-83 2.) miles west in Cumberland County ......................................................... 0.36913. Texas .................. Widen Highway 287 from Creek Bend Drive to Waxahacie bypass ...................................................................................................... 5.125914. Oregon ................ Design and engineering for Tualatin-Sherwood Bypass ..................................................................................................................... 0.375915. Texas .................. Implement ‘‘Hike and Bike’’ trail program, Houston .......................................................................................................................... 6916. New Hampshire .... Widen I-93 from Salem north ............................................................................................................................................................ 9.36917. Tennessee ............ Construct State Route 30 from Athens to Etowah in McMinn County ................................................................................................. 7.74918. California ............ Undertake median improvements along E. 14th St., San Leandro ....................................................................................................... 0.75919. New Jersey .......... Construct Toms River bridge project connecting Dover and South Toms River Borough ....................................................................... 2.25920. New York ............ Improve ferry infrastructure in Greenport ......................................................................................................................................... 0.75921. Puerto Rico ......... Upgrade PR 30 between PR 203 in Gurabo to PR 31 in Juncos ............................................................................................................ 6922. Pennsylvania ....... Improve access and interchange from I-95 to the international terminal at Philadelphia International Airport ..................................... 3923. New Hampshire .... Construct Orford Bridge ................................................................................................................................................................... 2.836924. Massachusetts ..... Construct roadway improvements on Crosby Drive and Middlesex Turnpike, Beford, Burlington and Billerica ..................................... 5.78775925. Illinois ................ Reconstruct Midlothian Turnpike, Robbins ....................................................................................................................................... 0.216926. California ............ Plan, design and construct interchange between I-15 and Sante Fe Road in Barstow, California. ........................................................ 3927. Pennsylvania ....... Reconstruct and widen US Rt. 222 to four-lane expressway between Lancaster/Berks County line and Grings Mill Rd. and construction

of Warren Street extenstion in Reading .......................................................................................................................................... 19

CONGRESSIONAL RECORD — HOUSE H3841May 22, 1998

No. State Project description[Dollarsin Mil-lions]

928. Maryland ............ Upgrade roads within Leakin Park Intermodal Corridor, Baltimore .................................................................................................... 2.4929. Washington ......... Widen SR522 from SR-9 to Paradise Lake Road ................................................................................................................................. 3.6930. New York ............ Construct NYS Route 27 at intersection of North Monroe Avenue ....................................................................................................... 4.215931. Michigan ............. Construct Detroit Metropolitan/Wayne County South Access Road .................................................................................................... 15932. Illinois ................ Reconstruct U.S. 6, Harvey ............................................................................................................................................................... 1.245933. New York ............ Redesign Grand Concourse to enhance traffic flow and related enhancements between E. 161st St. and Fordham Rd., New York City ... 9.75934. Ohio .................... Construct Black River intermodal transportation center .................................................................................................................... 3.45935. Connecticut ......... Rehabilitate Route 202 bridge in New Milford, Connecticut ................................................................................................................ 2.025936. Pennsylvania ....... Construct park and ride facilities in Lower Bucks County ................................................................................................................. 1.125937. Pennsylvania ....... Widen US-11/15 between Mt. Patrick and McKees Half Falls in Perry County ..................................................................................... 3.75938. Illinois ................ Undertake Industrial Transportation Improvement Program in Chicago ............................................................................................. 3.2625939. California ............ Improve streets and construct bicycle paths, Agoura Hills .................................................................................................................. 0.65940. California ............ Implement City of Compton traffic signal systems improvements ......................................................................................................... 3.75941. Texas .................. Construct relief route around Alice ................................................................................................................................................... 0.1875942. California ............ Reconstruct Harbor Blvd./SR22 Interchange, City of Garden Grove .................................................................................................... 1.5943. North Carolina .... Upgrade US 158 (including bypasses of Norlina, Macon and Littleton) in Halifax and Warren Counties .............................................. 2.25944. Utah ................... Construct 7800 South from 1300 West to Bangerter Highway in West Jordan ....................................................................................... 5.85945. Utah ................... Widen and improve 123rd/126th South from Jordan River to Bangerter Highway in Riverton ............................................................... 4.5946. Kentucky ............ Construct US-127 Jamestown Bypass ................................................................................................................................................. 4.35947. Minnesota ........... Upgrade Cass County Road 105 and Crow Wing County Road 125, East Gull Lake .............................................................................. 0.72948. Arkansas ............. Construct Highway 82 from Hamburg to Montrose ............................................................................................................................. 5.375949. Louisiana ............ Construct Port of South Louisiana Connector in Saint John the Baptist Parish .................................................................................. 0.525950. Oregon ................ Rehabilitate Broadway Bridge in Portland ....................................................................................................................................... 7.5951. Louisiana ............ Construct Metairie Rail Improvements and Relocation project in Jefferson and Orleans Parishes, Louisiana. ....................................... 6952. Washington ......... Construct Port of Longview Industrial Rail Corridor and Fibre Way Overpass in Longview ................................................................ 1.875953. New York ............ Study transportation improvements for segments of Hutchinson River Parkway and New England Thruway through the Northeast

Bronx ........................................................................................................................................................................................... 1954. West Virginia ....... Construct I-73/74 Corridor, including connectors with WV Rt. 44 and Co. Rt. 13 (Gilbert Creek), Mingo County .................................... 9.05955. Washington ......... Improve I-90/Sunset Way interchange in Issaquah, WA ..................................................................................................................... 14.85956. Indiana ............... Construct Marina Access Road in East Chicago ................................................................................................................................ 1957. Alabama .............. Construct bridge over Tennessee River connecting Muscle Shoals and Florence .................................................................................. 10958. Illinois ................ Resurface 63rd Street from Western Avenue to Wallace, Chicago ........................................................................................................ 0.5625959. North Carolina .... Upgrade Highway 55 between US 64 and State Route 1121, Wake and Durham Counties ..................................................................... 17.25960. Indiana ............... Upgrade Ridge Road between Griffith and Highland ......................................................................................................................... 3.3961. Missouri .............. Construct Hermann Bridge on Highway 19 in Montgomery and Gasconade Counties .......................................................................... 1.1962. New Jersey .......... Replace Groveville-Allentown Road bridge in Hanilton ...................................................................................................................... 2.4963. Missouri .............. Upgrade US-60 in Carter County, Missouri. ...................................................................................................................................... 20.25964. Georgia ............... Construct the Fall Line Freeway from Bibb to Richmond Counties ..................................................................................................... 17.25965. Pennsylvania ....... Construct American Parkway Bridge project in Allentown ................................................................................................................. 3966. Georgia ............... Upgrade U.S. Rt. 19 between Albany and Thomaston ........................................................................................................................ 3.75967. Georgia ............... Construct noise barriers on the westside of I-185 between Macon Road and Airport Thruway and on I-75 between Mt. Zion Road and

Old Dixie Highway in the Atlanta area .......................................................................................................................................... 0.75968. Oregon ................ Construct I-205/Sunnyside/Sunnybrook interchange and related extrension road, Clackamas Co. ......................................................... 17.2969. Minnesota ........... Widen Trunk Highway 14/52 from 75th Street, NW to Trunk Highway 63 in Rochester ......................................................................... 9.75970. Minnesota ........... Upgrade CSAH 61 between TH324 and Snake River ........................................................................................................................... 0.9971. Utah ................... Construct underpass at 100th South in Sandy ................................................................................................................................... 3.51972. California ............ Improve roadway to provide access to Hansen Dam Recreation Area in Los Angeles ........................................................................... 0.75973. New York ............ Construct Erie Canal Preserve I-90 rest stop in Port Byron ................................................................................................................ 2.25974. Massachusetts ..... Construct bike path between Rt. 16 (Everett) to Lynn Oceanside ........................................................................................................ 1.275975. Tennessee ............ Construct Kingsport Highway in Washington County ....................................................................................................................... 1.5976. Mississippi ........... Widen State Route 6 from Pontotoc to US-45 at Tupelo in Mississippi. ................................................................................................ 11.25977. Tennessee ............ Construct pedestrian and bicycle pathway to connect with the Mississippi River Trail, and restore adjacent historic cobblestones on

riverfront, Memphis ...................................................................................................................................................................... 2.25978. California ............ Construct improvements to Harry Bridges Blvd., Los Angeles ............................................................................................................. 6.5979. Nebraska ............. Construct NE-35 alternative and modified route expressway in Norfolkand Wayne .............................................................................. 3.375980. Michigan ............. Upgrade Davison Rd. between Belsay and Irish Roads, Genessee Co. ................................................................................................. 3.2981. West Virginia ....... Relocate segment of Route 33 (Scott Miller Bypass), Roane Co. .......................................................................................................... 4982. California ............ Rehabilitate B Street between Foothill Blvd. and Kelly St., Hayward ................................................................................................. 0.525983. Pennsylvania ....... Construct exit ramp on I-180 at State Route 2049 in Lycoming County ................................................................................................ 7.875984. California ............ Improve streets and related bicycle lane in Oak Park, Ventura Co. .................................................................................................... 0.466985. Ohio .................... Upgrade 11 warning devices on the rail north/south line from Toledo to Deshler ................................................................................. 0.825986. Alabama .............. Expand US-278 in Cullman County ................................................................................................................................................... 5.4987. California ............ Improve the Avenue H overpass in Lancaster, California ................................................................................................................... 4.575988. New York ............ Construct US-219 from Route 39 to Route 17 ...................................................................................................................................... 20989. Texas .................. Widen State Highway 35 from SH288 in Angleton to FM521 and dedicate $630,000 to the acquisition of right-of-way in Brazoria County 5.175990. Alaska ................. Extend Kenai Spur Highway-North Road in Kenai Peninsula Borough .............................................................................................. 6991. Washington ......... Construct Interstate 405/NE 8th Street interchange project in Bellevue, WA ........................................................................................ 17.625992. Tennessee ............ Implement ITS technologies, Nashville .............................................................................................................................................. 2.8993. Texas .................. Construct Galveston Island Causeway Expansion project, Galveston .................................................................................................. 0.5475994. Michigan ............. Improve I-69 in Branch, Eaton and Calhoun Counties ....................................................................................................................... 1.875995. California ............ Improve streets in Canoga Park and Reseda areas, Los Angeles ......................................................................................................... 1996. Illinois ................ Undertake improvements to 127th Street, Cicero Avenue and Route 83 to improve safety and facilitate traffic flow, Crestwood .............. 2997. Ohio .................... Construct new traffic signal and intersection upgrade for Village of Hebron in Licking County ........................................................... 0.06998. California ............ Upgrade US-101 from Eureka to Arcata ............................................................................................................................................. 0.65999. Pennsylvania ....... Construct bicycle and pedestrian facility between Washington’s Landing and Millvale Borough, Allegheny Co. .................................. 0.4

1000. New York ............ Construct Maybrook Corridor bikeway in Dutchess County ............................................................................................................... 1.4041001. California ............ Construct I-10/Barton Road West/Anderson Street connection ............................................................................................................ 3.751002. Mississippi ........... Construct Jackson International Airport Parkway and connectors from High Street to the Jackson International Airport in Jackson,

Mississippi. ................................................................................................................................................................................... 7.51003. New Jersey .......... Upgrade I-78 interchange and West Peddie St. ramps, Newark ........................................................................................................... 3.7251004. California ............ Implement enhanced traffic access between I-10, area hospitals and southern portion of Loma Linda .................................................. 1.51005. Ohio .................... Construct SR 711 connector four-lane limited access highway in Mahoning Co. .................................................................................. 251006. Iowa ................... Extend NW 86th Street from NW 70th Street to Beaver Drive in Polk County ...................................................................................... 5.251007. California ............ Construct State Route 56 North connectors at I-5 and North and South connectors at I-15 in San Diego .............................................. 31008. Arkansas ............. Construct the Ashdown Bypass/Overpass in Ashdown ....................................................................................................................... 3.8751009. Colorado .............. Reconstruct and upgrade I-70/I-25 Interchange, Denver ..................................................................................................................... 91010. Louisiana ............ Construct Zachary Taylor Parkway project ...................................................................................................................................... 11011. Michigan ............. Upgrade Rochester Road between I-75 and Torpsey St. ...................................................................................................................... 9.2251012. Louisiana ............ Construct I-10/Louisiana Ave. interchange ........................................................................................................................................ 61013. New York ............ Construct County Route 21, Peeksill Hollow Road renovation project ................................................................................................. 7.5771014. Georgia ............... Undertake Perimeter Central Parkway Overpass project and Ashford Dunwoody interchange improvements at I-285, DeKalb Co. ......... 0.0751015. Minnesota ........... Upgrade Highway 53 between Virginia and Cook .............................................................................................................................. 1.51016. New York ............ Initiate study and subsequent development and engineering of an international trade corridor in St. Lawrence County ....................... 1.51017. California ............ Construct Alameda Corridor East, San Gabriel Valley ....................................................................................................................... 2.2051018. Arkansas ............. Upgrade Highway 63, Marked Tree to Lake David ............................................................................................................................. 101019. Louisiana ............ Congestion mitigation and safety improvements to the Central thruway in Baton Rouge ..................................................................... 2.251020. Maryland ............ Reconstruct Baltimore Washington Parkway at Route 197, Prince Georges Co. ................................................................................... 11.251021. Ohio .................... Construct Wilmington Bypass, Wilmington ....................................................................................................................................... 3.751022. Texas .................. Construct Houston Street Viaduck project in Dallas .......................................................................................................................... 5.1251023. West Virginia ....... Construct I-73/74 Corridor, including interchange with US- 460, Mercer County .................................................................................. 151024. Massachusetts ..... Reconstruct Pleasant Street-River Terrace, Holyoke .......................................................................................................................... 1.21025. Ohio .................... Improve and widen SR-45 from North of the I-90 interchange to North Bend Road in Ashtabula County, Ohio .................................... 6.171026. Rhode Island ....... Install directional signs in Newport and surrounding communities ..................................................................................................... 0.2251027. Minnesota ........... Construct Highway 210 trail/underpass, Brainerd/Baxter ................................................................................................................... 0.481028. Florida ................ A-1-A Beautification project in Daytona, Florida .............................................................................................................................. 3.31029. Ohio .................... Widen Licking-SR-79-06.65 (PID 8314) in Licking County ................................................................................................................... 91030. Texas .................. Relocate railroad tracks to eliminate road crossings, and provide for the rehabilitation of secondary roads providing access to various

parts of the Port and the construction of new connecting roads to access new infrastructure safely and efficiently, Brownsville ........ 4.51031. Oklahoma ............ Reconstruct US-70 from Broken Bow to Arkansas State line in McCurtain County .............................................................................. 3.931032. Tennessee ............ Improve County Road 374 in Montgomery County ............................................................................................................................. 3.751033. Virginia ............... Enhance Maple Avenue streetscape in Vienna, Virginia .................................................................................................................... 2.0251034. Connecticut ......... Widen Route 10 from vicinity of Lazy Lane to River Street in Southington, Connecticut ..................................................................... 3.48

CONGRESSIONAL RECORD — HOUSEH3842 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1035. Florida ................ Widen US-192 between County Route 532 and I-95 in Brevard and Osceola Counties ........................................................................... 18.751036. Louisiana ............ Construct Leeville Bridge on LA-1 .................................................................................................................................................... 1.1251037. Illinois ................ Construct I-57 interchange, Coles Co. ................................................................................................................................................ 8.151038. Massachusetts ..... Upgrade Route 2 between Philipston and Greenfield .......................................................................................................................... 31039. New Jersey .......... Construct and/or reconstruct intermodal transportation and maintenance facility in Union City in order to replace the NJ Transit

depot ............................................................................................................................................................................................ 21040. Illinois ................ Construct Technology Avenue between US Rt. 45 East to Willenborg St., Effingham ........................................................................... 2.7351041. New Jersey .......... Replace Maple Grange Road bridge over Pochuck Creek in Sussex County ......................................................................................... 1.351042. New York ............ Construct CR-96 from Great South Bay to Montauk Highway in Suffolk County ................................................................................ 0.2751043. Virginia ............... Construct connector road from the proposed U.S. 58 Stuart bypass to Route 8 South beginning at the intersection of Johnson Street in

Stuart to Route 652. ...................................................................................................................................................................... 5.251044. Pennsylvania ....... Replace bridge over Shermans Creek in Carroll .................................................................................................................................. 0.751045. Connecticut ......... Construct bicycle and pedestrian walkway, Town of East Hartford .................................................................................................... 0.91046. Ohio .................... Construct grade separations at Front Street and Bagley Road, Berea ................................................................................................. 14.251047. Alabama .............. Upgrade SR 5 in Perry Co. ............................................................................................................................................................... 1.2751048. Connecticut ......... Implement Trinity College Area road improvements, Hartford ............................................................................................................ 5.10751049. Louisiana ............ Construct North/South Road/I-10-US-61 connection in the Kenner, Louisiana. .................................................................................... 51050. New Jersey .......... Design and construction Belford Ferry Terminal in Belford, New Jersey. ............................................................................................ 3.451051. Michigan ............. Construct safety enhancements at rail crossings, Linden, Fenton, Swartz Creek and Gaines ............................................................... 0.751052. California ............ Extend 7th St. between F St. and North 7th St., Sacramento .............................................................................................................. 1.51053. Massachusetts ..... Upgrade Spring St. between Bank and Latham Streets, Williamstown ................................................................................................ 1.51054. California ............ Complete Citraeado Parkway project in San Diego County ................................................................................................................ 2.251055. Indiana ............... Conduct railroad relocation study in Muncie .................................................................................................................................... 0.0451056. Connecticut ......... Improve Route 4 intersection in Harwinton, Connecticut. .................................................................................................................. 1.351057. Missouri .............. Widen US-63 in Randolph and Boone Counties, Missouri ................................................................................................................... 31.51058. New York ............ Construct city of Glen Cove waterfront improvements ........................................................................................................................ 3.751059. Illinois ................ Reconstruct Greenbriar Rd. with construction of new turn lanes in vicinity of John A. Logan College in Carterville ............................ 1.051060. Tennessee ............ Construct bridge and approaches on State Route 33 over the Tennessee River (Henley Street Bridge) ................................................... 9.91061. Ohio .................... Construct SR-315 Ohio State University Ramp project in Franklin County ......................................................................................... 3.51062. Nevada ................ Improve at-grade railroad crossings in Reno ...................................................................................................................................... 1.8751063. Pennsylvania ....... Construct Williamsport-Lycoming County Airport Access road from I-180 to the airport ...................................................................... 5.251064. Minnesota ........... Construct bicycle and pedestrian facility (Mesabi Trail), St. Louis County ......................................................................................... 2.251065. Florida ................ Widen State Road 44 in Volusia County ............................................................................................................................................ 1.68751066. Missouri .............. Upgrade Mo. Rt. 150, Jackson Co. ..................................................................................................................................................... 4.51067. Nebraska ............. Construct bridge in Newcastle .......................................................................................................................................................... 31068. Pennsylvania ....... Construct PA 36 Convention Center Connector in Blair County ......................................................................................................... 0.751069. Illinois ................ Rehabilitate Western Springs Arterial Roadway, Cook Co. ................................................................................................................. 0.8251070. California ............ Rehabilitate Highway 1 in Guadalupe .............................................................................................................................................. 0.3751071. Utah ................... Widen 7200 South in Midvale ............................................................................................................................................................ 0.991072. Iowa ................... Construct I-29 airport interchange overpass in Sioux City .................................................................................................................. 4.651073. Florida ................ Restore and rehabilitate Miami Beach Bridge and waterfront in Miami Beach, Florida. ...................................................................... 1.351074. Washington ......... Improve Huntington Avenue South in Castle Rock ............................................................................................................................ 0.56251075. Minnesota ........... Implement Trunk Highway 8 Corridor projects, Chisago Co. .............................................................................................................. 12.4751076. Michigan ............. Relocate US-31 from River Road to Naomi Road in Berrian County .................................................................................................... 13.51077. South Carolina .... Construct I-95/I-26 interchange, Orangeburg Co. ............................................................................................................................... 8.51078. Texas .................. Upgrade State Highway 35 Houston District Brazoria County ............................................................................................................ 6.921079. Maryland ............ Improve Halfway Boulevard east and west of Exit 5, I-81 in Washington County ................................................................................ 31080. California ............ Upgrade D Street between Grand and Second Streets, Hayward ......................................................................................................... 0.91081. New Jersey .......... Undertake improvements associated with the South Amboy Regional Intermodal Center ...................................................................... 121082. New York ............ Replace Kennedy-class ferries, Staten Island ..................................................................................................................................... 301083. Texas .................. Expand Winters Freeway (US83/84) in Abilene between Southwest Drive and US 277 ........................................................................... 8.41084. Maine ................. Replacement and renovation of Carlton Bridge, Bath/Woolwich ......................................................................................................... 61085. New York ............ Rahabilitate Jay Covered Bridge in Essex County .............................................................................................................................. 0.751086. Minnesota ........... Construct Elk River bypass from 171st Avenue at Highway 10 to intersection of County Roads 12 and 13 at Highway 169 ..................... 2.41087. Pennsylvania ....... Construct Route 72 overpass at Conrail in Lebanon ........................................................................................................................... 6.60751088. Indiana ............... Upgrade Route 31 and other roads, St. Joseph and Elkhart Counties .................................................................................................. 4.51089. California ............ Install call boxes along Highway 166 between intersection with Highway 101 and junction with Highway 33 ........................................ 0.2161090. New Hampshire .... Construct Chestersfield Bridge .......................................................................................................................................................... 2.5361091. Oregon ................ Construct bike path between Terry Street and Greenhill Road, Eugene ............................................................................................... 1.171092. Dist. of Col. ......... Conduct MIS of light rail corridors, D.C. .......................................................................................................................................... 0.751093. Arkansas ............. Enhance area in the vicinity of Dickson Street in Fayetteville ........................................................................................................... 1.1251094. Pennsylvania ....... Extend North Delaware Ave. between Lewis St. and Orthodox St., Philadelphia ................................................................................. 4.21095. Indiana ............... Reconstruct Wheeling Avenue in Muncie .......................................................................................................................................... 1.21096. Ohio .................... Construct interchange at I-480 in Independence, Ohio. ...................................................................................................................... 3.51097. Pennsylvania ....... Relocate PA 18 between 9th Ave. and 32nd St., Beaver Falls .............................................................................................................. 1.051098. Alabama .............. Construct Eastern Shore Trail project in Fairhope, Alabama. ............................................................................................................ 1.016251099. Maine ................. Studies and planning for extension of I-95 ........................................................................................................................................ 2.1251100. Alabama .............. Replace bridge over Tombigbee River, Naheola .................................................................................................................................. 2.251101. Illinois ................ Reconstruct Cossitt Ave. in LaGrange ............................................................................................................................................... 1.4851102. New York ............ Improve Broadway in North Castle in Westchester County ................................................................................................................ 1.261103. New York ............ Construct access improvements to Port of Rochester Harbor, Rochester ............................................................................................... 121104. Illinois ................ Reconstruct Broad Street between Maple St. to Sixth St., Evansville .................................................................................................. 0.26251105. California ............ Widen SR-71 from Riverside County to SR-91 .................................................................................................................................... 131106. Alabama .............. Construct improvements to 19th Street between I-59 and Tuxedo Junction, Birmingham ...................................................................... 0.6751107. Pennsylvania ....... Improve safety on PA-41 from US-30 to PA-926 .................................................................................................................................. 61108. Texas .................. Construct 6th and 7th Street overpass over railroad yard, Brownsville ............................................................................................... 0.3751109. California ............ Upgrade intersection of Folsom Blvd. and Power Inn Rd., Sacramento ............................................................................................... 7.51110. Illinois ................ Replace Gaumer Bridge near Alvin ................................................................................................................................................... 0.91111. Minnesota ........... Upgrade TH6 between Talmoon and Highway 1 ................................................................................................................................. 0.91112. Michigan ............. Extend Trowbridge Road from Harrison Rd. to Red Cedar Rd. ........................................................................................................... 1.8751113. New York ............ Reconstruct Flushing Avenue between Wycoff Avenue and Gates Street ............................................................................................. 2.251114. California ............ Construct I-580 interchange, Livermore ............................................................................................................................................. 9.91115. Illinois ................ Upgrade South Lake Shore Driver between 47th and Hayes, Chicago ................................................................................................. 5.851116. Pennsylvania ....... Improve PA 26 in Huntingdon County .............................................................................................................................................. 0.751117. Virgin Islands ...... Construct bypass around Christiansted ............................................................................................................................................. 61118. New Mexico ......... Complete the Paseo del Norte East Corridor in Bernalillo County ....................................................................................................... 3.3251119. California ............ Upgrade Industrial Parkway Southwest between Whipple Rd. and improved segment of the parkway, Hayward .................................. 0.451120. Kansas ................ Widen US-81 from Minneapolis, Kansas to Nebraska. ........................................................................................................................ 20.851121. New York ............ Construct sound barriers on Grand Central Parkway between 244th Street and Douglaston Parkway .................................................. 0.3751122. New York ............ Construct Bike Paths along the Bronx River in Bronx Park ............................................................................................................... 0.251123. Pennsylvania ....... Conduct preliminary engineering and design for the US-219 bypass of Bradford ................................................................................. 0.751124. Utah ................... Widen and improve 123rd/126th South from 700 East to Jordan River in Draper ................................................................................... 6.31125. California ............ Construct Olympic Training Center Access road, Chula Vista ............................................................................................................ 51126. Florida ................ Pedestrian safety initiative on US-19 in Pinellas County ................................................................................................................... 5.11127. Texas .................. Construct US Highway 59 railroad crossing overpass in Texarkana .................................................................................................... 2.6251128. Illinois ................ Widen and improve US-34 intechange in Aurora ................................................................................................................................ 61129. Connecticut ......... Construct Hartford Riverwalk South, Hartford .................................................................................................................................. 2.641130. New York ............ Rehabilitate transportation facilities in CO-OP City .......................................................................................................................... 11131. Florida ................ Widen and realign Eller Drive in Port Everglades, Florida. ................................................................................................................ 4.21132. Mississippi ........... Construct I-20 interchange at Pirate Cove ......................................................................................................................................... 0.751133. Mississippi ........... Widen US-98 from Pike County to Foxworth ..................................................................................................................................... 0.68751134. Pennsylvania ....... Improve Route 219 in Clearfield County ............................................................................................................................................ 0.751135. Michigan ............. Replace Barton Rd./M-14 interchange, Ann Arbor ............................................................................................................................. 0.751136. Nebraska ............. Construct the Antelope Valley Overpass in Lincoln ........................................................................................................................... 5.6251137. New York ............ Reconstruct Niagara St., Quay St., and 8th St. including realignment of Qual St. and 8th Ave. in Niagara Falls ................................. 2.6251138. California ............ Upgrade and synchronize traffic lights in the Alameda Corridor East in Los Angeles County .............................................................. 17.251139. Illinois ................ Widen US-20 in Freeport .................................................................................................................................................................. 3.8251140. Kentucky ............ Reconstruct Liberty and Todd Roads, Lexington ............................................................................................................................... 61141. New Jersey .......... Upgrade Montvale/Chestnut Ridge Road and Grand Avenue intersection at Garden State Parkway in Bergan County ......................... 0.3751142. California ............ Widen SR-23 between Moorpark and Thousand Oaks ........................................................................................................................ 10.51143. Utah ................... Extend Main Street from 5600 South to Vine Street in Murray ............................................................................................................ 10.351144. Pennsylvania ....... Construct access road to Hastings Industrial Park, Cambria Co. ........................................................................................................ 3.05

CONGRESSIONAL RECORD — HOUSE H3843May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1145. New Jersey .......... Improve Old York Road/Rising Run Road intersection in Burlington .................................................................................................. 4.981146. Michigan ............. Construct deceleration lane in front of 4427 Wilder Road, Bay City .................................................................................................... 0.0151147. Pennsylvania ....... Construct I-81 noise abatement program in Dauphin County ............................................................................................................. 0.481148. Washington ......... Construct Peace Arch Crossing of Entry (PACE) lane in Blaine ......................................................................................................... 4.91149. New York ............ Traffic Mitigation Project on William Street and Losson Road in Cheektowaga. ................................................................................. 31150. Arkansas ............. Construct North Belt Freeway .......................................................................................................................................................... 5.251151. Ohio .................... Improve and widen SR-91 from SR-43 south to county line/city line in Solon ....................................................................................... 4.251152. Texas .................. Upgrade US Rt. 59 between US 281 to I-37 ......................................................................................................................................... 121153. Michigan ............. Construct M-24 Corridor from I-69 to southern Lapeer County ........................................................................................................... 21154. Tennessee ............ Construct greenway and bicycle path corridor, City of White House ................................................................................................... 3.21155. Massachusetts ..... Rehabilitate Union Station in Springfield ......................................................................................................................................... 121156. Pennsylvania ....... Install citywide signalization (SAMI) project in Lebanon .................................................................................................................. 0.751157. Washington ......... Widen SR-543 from I-5 to International Boundary, Washington. ........................................................................................................ 10.21158. Hawaii ................ Replace Sand Island bridge .............................................................................................................................................................. 0.751159. West Virginia ....... Upgrade Route 10 between Logan and Man ...................................................................................................................................... 501160. Florida ................ Expand Palm Valley Bridge in St. Johns County ............................................................................................................................... 3.11161. Michigan ............. Improve US-31 from Holland to Grand Haven .................................................................................................................................... 2.251162. Florida ................ Upgrade U.S. 319 between I-10 and the Florida/Georgia State line ...................................................................................................... 3.751163. Colorado .............. Improve SH-74/JC-73 interchange, City of Evergreen in Jefferson County, Colorado. ............................................................................ 4.1881164. Pennsylvania ....... Improve Route 94 Corridor through Hanover to Maryland State Line. ................................................................................................ 61165. California ............ Undertake San Pedro Bridge project at SR 1, Pacifica ....................................................................................................................... 1.1251166. Michigan ............. Upgrade Tittabawasee Road between Mackinaw Road and Midland Road, Saginaw Co. ..................................................................... 31167. Illinois ................ Improve IL-159 in Edwardsville ........................................................................................................................................................ 3.206251168. Virginia ............... Improve East Eldon Street in Herndon .............................................................................................................................................. 0.3751169. Texas .................. Construct Cleveland Bypass ............................................................................................................................................................. 10.1251170. Utah ................... Widen SR-36 from I-80 to Mills Junction ........................................................................................................................................... 2.251171. New Jersey .......... Eliminate Berlin Circle and signalize intersection in Camden ............................................................................................................. 61172. Arkansas ............. Upgrade US Rt. 412, Fulton County line to Missouri State line .......................................................................................................... 7.51173. California ............ Upgrade Del Almo Boulevard at I-405 ............................................................................................................................................... 51174. Pennsylvania ....... Improve access to McKeesport-Duquesne Bridge ................................................................................................................................ 2.151175. North Carolina .... Construct US-64/264 in Dare County ................................................................................................................................................. 0.751176. California ............ Construct Gene Autry Way/I-5 Access project, Anaheim ..................................................................................................................... 6.751177. Arizona ............... Construct Veterans’ Memorial overpass in Pima Co. .......................................................................................................................... 11.251178. Virginia ............... Conduct preliminary engineering on I-73 between Roanoke and Virginia/North Carolina State line ..................................................... 31179. Mississippi ........... Upgrade roads, Washington Co. ....................................................................................................................................................... 3.30751180. Tennessee ............ State Highway 109 upgrade planning and engineering, Sumner Co. .................................................................................................... 1.841181. Florida ................ Construct John Young Parkway/I-4 interchange ............................................................................................................................... 61182. Illinois ................ Rehabilitate and upgrade 87th Street Station to improve intermodal access ......................................................................................... 1.77151183. Ohio .................... Upgrade SR 124 between Five Points and Ravenswood Bridge, Meigs Co. ........................................................................................... 3.751184. Colorado .............. Construct Broadway Viaduct, Denver ............................................................................................................................................... 31185. New York ............ Construct Bay Shore Road SR-231 to SR-27 in Suffolk County ........................................................................................................... 7.531186. North Dakota ...... Construct Jamestown bypass ............................................................................................................................................................ 3.61187. Ohio .................... Upgrade State Route 18 between I-71 and I-77 ................................................................................................................................... 1.551188. California ............ Construct Overland Drive overcrossing in Temecula .......................................................................................................................... 3.751189. Ohio .................... Upgrade U.S. Route 422 through Girard ............................................................................................................................................ 4.721190. Mississippi ........... Widen MS-45 from Brooksville to US-82 in Mississippi. ...................................................................................................................... 3.3751191. California ............ Extend Highway 41 in Madera County .............................................................................................................................................. 5.51192. Missouri .............. Construction and upgrade of US-71/I-49 in Newton and McDonald County, Missouri. ......................................................................... 24.977251193. North Carolina .... Upgrade US-158 in Warren and Halifax Counties .............................................................................................................................. 2.251194. Illinois ................ Reconstruct I-74 through Peoria ....................................................................................................................................................... 21195. Minnesota ........... Construct Shepard Road/Upper Landing interceptor, St. Paul ............................................................................................................ 2.251196. Texas .................. Construct segment lof a bypass to I-35 known as SH-130. The State of Texas shall consult with all appropriate local officials, rep-

resentatives of the affected local communities, and provide for public comment prior to determining a final alignment for the project. 13.51197. Washington ......... Redevelop Port of Anacortes waterfront ............................................................................................................................................ 0.051198. California ............ Construct I-15 Galinas interchange in Riverside County .................................................................................................................... 6.3751199. New Jersey .......... Replace Kinnaman Avenue bridge over Pohatcong Creek in Warren county ........................................................................................ 1.21200. Michigan ............. Upgrade (all weather) on US 2, US 41, and M 35 ............................................................................................................................... 1.2751201. Maine ................. Upgrade Route 11 ............................................................................................................................................................................ 31202. Rhode Island ....... Reconstruct Harris Ave., Woonsocket ................................................................................................................................................ 1.51203. Oregon ................ Construct bike path between Main Street/Highway 99 in Cottage Grove to Row River Trail, Cottage Grove .......................................... 0.231204. Maine ................. Improve Route 26 ............................................................................................................................................................................. 1.1251205. New York ............ Rehabilitate Third Avenue Bridge over Harlem River, New York City ................................................................................................. 1.51206. New Hampshire .... Construct the Keene bypass .............................................................................................................................................................. 4.8991207. New Jersey .......... Construct grade separation of Route 35 and Tinton falls and extend Shrewsbury Avenue in Monmouth ............................................... 3.751208. California ............ Reconstruct La Loma Bridge in Pasadena ......................................................................................................................................... 2.251209. Indiana ............... Remove and replace Walnut Street in Muncie .................................................................................................................................... 1.6051210. Arkansas ............. Construct US-270 East-West Arterial in Hot Springs .......................................................................................................................... 6.8751211. Oklahoma ............ Reconstruct and widen I-40 Crosstown Bridge and Realignment in downtown Oklahoma City, including demolition of the existing

bridge, vehicle approach roads, interchanges, intersections, signalization and supporting structures between I-35 and I-44. ............... 72.78751212. Texas .................. Widen Meacham Boulevard from I-35W to FM-146 and extend Meacham Boulevard from west of FM-156 to North Main Street ............. 21213. Minnesota ........... Upgrade CSAH 116 north of CSAH 88 in Ely ...................................................................................................................................... 1.21214. Mississippi ........... Upgrade West County Line Road, City of Jackson ............................................................................................................................. 8.251215. California ............ Construct Imperial Highway grade separation and sound walls at Esperanza Road/Orangethorpe Avenue in Yorba Linda, California. 12.5151216. Nevada ................ Widen I-15 from California State line to Las Vegas ............................................................................................................................ 1.8751217. Connecticut ......... Improve and realign Route 8 in Winchester ....................................................................................................................................... 1.5151218. Oklahoma ............ Reconstruct US-70 in Marshall and Bryan Counties .......................................................................................................................... 0.111219. Pennsylvania ....... Construct California University of Pennsylvania intermodal facility .................................................................................................. 11220. Arkansas ............. Construct turning lanes at US-71/AR-8 intersection in Mena .............................................................................................................. 0.18751221. Michigan ............. Construct intermodal freight terminal in Wayne Co. .......................................................................................................................... 181222. Pennsylvania ....... Improve PA 17 from PA 274 to PA 850 in Perry County ...................................................................................................................... 0.751223. Indiana ............... Install traffic signalization system in Muncie .................................................................................................................................... 0.6751224. Illinois ................ Upgrade US 40 in Martinsville .......................................................................................................................................................... 0.0941225. Indiana ............... Construct SR-9 bypass in Greenfield ................................................................................................................................................. 2.36251226. Kentucky ............ Conduct feasibility study for Northern Kentucky High Priority Corridor (I-74) ................................................................................... 0.3751227. Hawaii ................ Construct interchange at junction of proposed North-South road and H-1 .......................................................................................... 1.51228. Florida ................ Construct improvements to JFK Boulevard, Eatonville ....................................................................................................................... 0.751229. Mississippi ........... Construct access improvments to various roads, Humphreys Co. ......................................................................................................... 0.751230. South Dakota ...... Construct Heartland Expressway Phase I ......................................................................................................................................... 6.5051231. Illinois ................ Construct Raney Street Overpass in Effingham ................................................................................................................................. 4.41232. Texas .................. Road improvements along historic mission trails in San Antonio. ....................................................................................................... 1.8751233. New York ............ Construct Elmira Arterial from Miller to Cedar .................................................................................................................................. 2.251234. Ohio .................... Construct a new interchange at County Road 80 and I-77 in Dover with $100,000 to preserve or reconstruct the Tourism Information

Center .......................................................................................................................................................................................... 7.11235. California ............ Construct Airport Blvd. interchange in Salinas ................................................................................................................................. 61236. Massachusetts ..... Construct South Weymouth Naval Air Station Connectivity Improvements ......................................................................................... 14.2251237. Illinois ................ Construct new entrance to Midway Airport Terminal ........................................................................................................................ 6.51238. West Virginia ....... Preliminary engineering, design and construction of the Orgas to Chelayn Road, Boone Co. ............................................................... 21239. New Jersey .......... Construct US-22/Chimney Rock Road interchange in Somerset County ............................................................................................... 17.251240. Kansas ................ Reconstruct K-7 from Lone Elm Road to Harrison ............................................................................................................................. 2.791241. Pennsylvania ....... Install traffic signal upgrade in Clearfield Borough in Clearfield County ........................................................................................... 0.3751242. Missouri .............. Construct Grand Ave. viaduct over Mill Creek Valley in St. Louis ...................................................................................................... 1.651243. Pennsylvania ....... Construct improvements to North Shore Roadway and access in the city of Pittsburgh ........................................................................ 111244. West Virginia ....... Construct improvements on WV 9 including turning lane and signalization, Berkely Co. ..................................................................... 0.21245. New York ............ Conduct Trans-Hudson Freight Improvement MIS, New York City ..................................................................................................... 31246. West Virginia ....... Upgrade Route 2 in Cabell Co., including the relocation of Route 2 to provide for a connection to I-64 (Merrick Creek Connector) ........ 101247. New Hampshire .... Construct Hindsale Bridge ............................................................................................................................................................... 2.5361248. Washington ......... Reconstruct I-82/SR-24 intersection and add lanes on SR- 24 to Keys Road ......................................................................................... 6.481249. Iowa ................... Construct controlled access four-lane highway between Des Moines and Burlington ........................................................................... 9.5251250. Pennsylvania ....... Construct bicycle and pedestrian facility between Boston Bridge and McKee Point Park, Allegheny Co. .............................................. 0.1251251. Ohio .................... Upgrade and widen US-24 from I-469 to I-475 .................................................................................................................................... 17.251252. Texas .................. Upgrade FM517 between Owens and FM 3346, Galveston ................................................................................................................... 2.8921253. Idaho .................. Construct US-95: Sandcreek Alternate Route in Sandpoint ................................................................................................................ 13.5

CONGRESSIONAL RECORD — HOUSEH3844 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1254. New Jersey .......... Replace Calhoun Street Bridge in Trenton ........................................................................................................................................ 0.9751255. California ............ Construct Cabot-Camino Capistrano Bridge project in Southern Orange County ................................................................................. 1.51256. Pennsylvania ....... Construct PA 16 Truck climbing lane in Franklin County .................................................................................................................. 1.51257. New York ............ Construct Eastern Long Island Scenic Byway in Suffolk County ....................................................................................................... 11.251258. Texas .................. Construct Loop 197, Galveston .......................................................................................................................................................... 3.21751259. Illinois ................ Construct Western Springs Pedestrian and Tunnel project, Cook Co. .................................................................................................. 0.9251260. Georgia ............... Construct the Savannah River Parkway in Bullock, Jenkins, Screven and Effinghaus Counties .......................................................... 7.51261. Mississippi ........... Construct connector between US-90 and I-10 in Biloxi ....................................................................................................................... 6.3751262. American Samoa .. Construct drainage system improvements associated with highway construction on Tutilla Island, American Samoa ............................ 3.751263. Maryland ............ Implement city-wide signal control system replacements and improvements in Baltimore ..................................................................... 13.2751264. West Virginia ....... Construct I-81 interchange, Martinsburg ........................................................................................................................................... 5.051265. Alabama .............. Replace pedestrian bridges at Village Creek and Valley Creek, Birmingham ........................................................................................ 0.0751266. Virginia ............... Improve Route 123 from Route 1 to Fairfax County line in Prince William County, Virginia. ............................................................... 11.251267. New Mexico ......... Improve US-70 from I-25 to Organ in New Mexico. ............................................................................................................................. 18.751268. Pennsylvania ....... Undertake transportation enhancement activities within the Lehigh Landing Area of the Delaware and Lehigh Canal National Herit-

age Corridor ................................................................................................................................................................................. 5.251269. New York ............ Implement Melrose Commons geographic information system .............................................................................................................. 0.751270. Alabama .............. Construct repairs to Pratt Highway Bridge, Birmingham ................................................................................................................... 0.451271. Texas .................. Construct Spur 10 from SH-36 to US-59 ............................................................................................................................................. 31272. Nebraska ............. Replace US-81 bridge between Yankton, south Dakota and Cedar County, Nebaska ............................................................................ 1.1251273. California ............ Construct Centennial Transportation Corridor .................................................................................................................................. 15.751274. Minnesota ........... Construct Phalen Blvd. between I-35E and I-94 ................................................................................................................................. 9.751275. California ............ Reconstruct Palos Verdes Drive, Palos Verdes Estates ....................................................................................................................... 0.33751276. Pennsylvania ....... Facilitate coordination of transportation systems at intersection of 46th and Market, and enhance access and related measures to area

facilities including purchase of vans for reverse commutes, Philadelphia ......................................................................................... 31277. Indiana ............... Improve Southwest Highway from Bloomington to Evansville ............................................................................................................ 271278. Pennsylvania ....... Construct an access road in Bedford Springs, Pennsylvania, along Old U.S. 220 to the Springs Project and to construct other facilities

to facilitate movement of traffic within the site and construction of a parking facility to be associatied therewith or other projects inthe counties of Bedford , Blair, Fulton, Franklin, Mifflin, Fulton and Clearfield, and Huntingdon, as selected by the State of Penn-sylvania ....................................................................................................................................................................................... 28.18

1279. Washington ......... Undertake FAST Corridor improvements with the amounts provided as follows: $12,000,000 to construct the North Duwamish Inter-modal Project, $3,375,000 for the Port of Tacoma Road project, $2,250,000 for the SW Third St./BSNF project in Auburn, $1,500,000 forthe S.277th St./BNSF project in Auburn/Kent, $1,500,000 for the S.277th St./UP project in Auburn Kent, $1,500,000 for the S. 180th St.E/BSNF project in Tukwila, $750,000 for the 8th St. E/BSNF project in Pierce Co., and $1,125,000 for the Shaw Rd. extension Puy-allup ............................................................................................................................................................................................ 24

1280. Ohio .................... Construct interchange at SR 11 and King Graves Rd. in Trumball Co. ................................................................................................ 5.561281. Michigan ............. Apply ITS technologies relating to traffic control, Lansing ................................................................................................................ 2.7751282. California ............ Stabilize US-101 at Wilson Creek ....................................................................................................................................................... 0.651283. Michigan ............. Construct interchange at Eastman Avenue/US-10 in Midland ............................................................................................................. 8.251284. Arkansas ............. Enhance area around the Paris Courthouse in the vicinity of Arkansas Scenic Highway 22 and Arkansas Scenic Highway 309, Paris

Arkansas ...................................................................................................................................................................................... 0.31285. Mississippi ........... Upgrade Hampton Lake Road, Tallahatchie Co. ................................................................................................................................ 0.661286. Illinois ................ Undertake improvements to Campus Transportation System ............................................................................................................... 0.751287. Virginia ............... Construct access road, walking trail and related facilities for the Nicholsville Center, Scott Co. ........................................................... 0.2251288. Pennsylvania ....... Improve intersection of U.S., S.R. 3066, and West Allegheny Road, North Fayette Township ............................................................... 3.51289. Arkansas ............. Construct Highway 425 from Pine Bluff to the Louisiana State line .................................................................................................... 5.3751290. Pennsylvania ....... Construct Independence Gateway Transportation Center project, Philadelphia .................................................................................. 5.51291. Minnesota ........... Upgrade Perpich Memorial from CR-535 to CSAH 111 ......................................................................................................................... 2.11292. Texas .................. Construct US Rt. 67 Corridor through San Angelo ............................................................................................................................. 5.251293. Pennsylvania ....... Construct improvements to roadway and parking facility in the vicinity of St. Francis College, Cambria County ................................. 21294. Missouri .............. Construct extension of bike path between Soulard market area and Riverfront bike trail in St. Louis .................................................. 0.61295. New York ............ Construct intermodal facility in Yonkers, Westchester Co. ................................................................................................................. 8.6871296. Maryland ............ Construct intersection improvements to facilitate access to NSA facility, Anne Arundel Co. ................................................................. 2.251297. Massachusetts ..... Undertake vehicular and pedestrian movement improvments within Central Business District of Foxborough ....................................... 1.561298. Kentucky ............ Construct KY-70 from Cave City to Mammoth Cave ........................................................................................................................... 1.51299. Virginia ............... Construct Main Street Station in Richmond ...................................................................................................................................... 61300. New Hampshire .... Improve 3 Pisquataqua River Bridges on the New Hampshire - Maine border ...................................................................................... 1.651301. Pennsylvania ....... Construct Abbey Trails in Abington Township .................................................................................................................................. 0.451302. Hawaii ................ Upgrade Kaumualii Highway ........................................................................................................................................................... 8.251303. North Carolina .... Upgrade and improve US-19 from Maggie Valley to Cherokee ............................................................................................................. 151304. Maine ................. Replace Ridlonville Bridge across Androscoggin River ....................................................................................................................... 1.1251305. Mississippi ........... Upgrade and widen US-49 in Rankin, Simpson, and Covington Counties ............................................................................................ 0.68751306. Texas .................. Upgrade SH 30, Huntsville ................................................................................................................................................................ 1.8751307. California ............ Reconstruct the I-710/Firestone Blvd. interchange ............................................................................................................................. 121308. Pennsylvania ....... Widen US 30 from Walker Rd to Fayetteville in Franklin County ....................................................................................................... 1.51309. Virginia ............... Construct Southeastern Parkway and Greenbelt in Virginia Beach .................................................................................................... 31310. Illinois ................ Replace State Route 47 Bridge in Morris ........................................................................................................................................... 14.251311. Texas .................. Upgrade Highway 271 between Paris and Pattonville ......................................................................................................................... 1.51312. Minnesota ........... Improve roads, Edge of Wilderness, Grand Rapids to Effie ................................................................................................................. 4.51313. Arizona ............... Reconstruct I-19, East Side Frontage Road, Ruby Road to Rio Rico Drive, Nogales ............................................................................. 7.51314. North Carolina .... Construct I-85 Greensboro Bypass in Greensboro, North Carolina. ...................................................................................................... 22.1251315. New York ............ Improve access to I-84/Dutchess intermodal facility in Dutchess County ............................................................................................. 2.211316. Illinois ................ Construct I-88 interchange at Peace Road in Dekalb ......................................................................................................................... 1.51317. North Dakota ...... Upgrade US Rt. 52, Kenmare to Donnybrook ..................................................................................................................................... 2.11318. South Carolina .... Construct improvements to I-95/SC 38 interchange ............................................................................................................................. 6.751319. Arkansas ............. Construct Highway 15 from Connector Road to Railroad Overpass in Pine Bluff ................................................................................. 0.8751320. New York ............ Reconstruct 79th Street Traffic Circle, New York City ........................................................................................................................ 71321. California ............ Extend State Route 52 in San Diego .................................................................................................................................................. 2.251322. California ............ Construct Sacramento Intermodal Station ......................................................................................................................................... 31323. Illinois ................ Construct Central Ave.-Narragansett Ave. connector, Chicago ........................................................................................................... 3.71324. Pennsylvania ....... Construct Walnut Street pedestrian bridge in Dauphin County .......................................................................................................... 0.751325. Indiana ............... Conduct rail-highway feasibility project study in Muncie .................................................................................................................. 0.0751326. Georgia ............... Upgrade US Rt. 27 ........................................................................................................................................................................... 7.51327. Michigan ............. Improve Hoban Road and Grand Avenue, City of Mackinac Island .................................................................................................... 0.841328. Washington ......... Construct Cross Base Corridor, Fort Lewis-McChord AFB ................................................................................................................. 0.3751329. Illinois ................ Construct bicycle/pedestrian trail parallel to light rail transit system in St. Clair co. ........................................................................... 5.51330. Pennsylvania ....... Improve Bedford County Business Park Rd in Bedford County .......................................................................................................... 1.51331. Louisiana ............ Construct Port of St. Bernard Intermodal facility .............................................................................................................................. 1.5751332. New York ............ Construct bridge deck over the Metro North right-of-way along Park Ave. between E. 188th and 189th Streets ..................................... 0.751333. Ohio .................... Conduct feasibility study for the construction of Muskingum County South 93-22-40 connector ........................................................... 0.51334. South Carolina .... Upgrade US Highway 301 within Bamberg ........................................................................................................................................ 3.21335. Virginia ............... Construct road improvements, trailhead and related facilities for Birch Knob Trail on Cumberland Mountain ..................................... 0.251336. Kansas ................ Widen US-169 in Miami County ........................................................................................................................................................ 12.151337. Texas .................. Construct extension of Bay Area Blvd. ............................................................................................................................................. 0.751338. New Jersey .......... Construct highway connector between Interstate Route 1&9 (Tonelle Ave.) and the New Jersey Turnpike at Secaucus Intermodal

Transfer Rail Station and the Trans Hudson Corridor at the Bergen Arches arterial roadway .......................................................... 5.51339. California ............ Modify HOV lanes, Marin Co. .......................................................................................................................................................... 5.251340. California ............ Widen US-101 from Petaluma Bridge to Novato ................................................................................................................................. 8.751341. Arkansas ............. Construct US 63 interchange with Washington Ave. and Highway 63B ............................................................................................... 1.51342. Louisiana ............ Kerner’s Ferry Bridge Replacement project ....................................................................................................................................... 0.751343. Pennsylvania ....... Reconstruct I-95/Street Road interchange in Bucks County ................................................................................................................ 1.32751344. New York ............ Upgrade Frederick Douglas Circle, New York City ............................................................................................................................. 91345. Pennsylvania ....... Improve PA 453 from Water Street to Tyrone in Huntingdon County .................................................................................................. 0.751346. Oregon ................ Acquire and rennovate facility to serve as multimodal transportation center, Eugene .......................................................................... 21347. Alabama .............. Construct improvements to Ensley Avenue between 20th St. and Warrior Rd., Birmingham ................................................................. 0.751348. Alaska ................. Extend West Douglas Road .............................................................................................................................................................. 2.4751349. Pennsylvania ....... Construction of noise barriers along State Route 28, Aspinwall .......................................................................................................... 0.81350. Mississippi ........... Replace Greenville River Bridge in Washington County ..................................................................................................................... 1.01351. Illinois ................ Reconstruct Claire Blvd., Robbins ..................................................................................................................................................... 0.24751352. New Jersey .......... Reconstruct South Pembrton Road from Route 206 to Hanover Street ................................................................................................. 61353. Kentucky ............ Reconstruct US-231: $5,625,000 for the segment between Dry Ridge Road and US-231 and US-31; $3,000,000 for the segment between

Allen-Warren County line and Dry Ridge Road .............................................................................................................................. 8.625

CONGRESSIONAL RECORD — HOUSE H3845May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1354. Indiana ............... Undertake safety and mobility improvements involving street and street crossings and Conrail line, Elkhart ........................................ 1.51355. New York ............ Construct sound barriers on east side of Clearview Expressway between 15th Road and Willets Point Blvd. ......................................... 0.31356. Tennessee ............ Construct Franklin Road interchange and bypass ............................................................................................................................. 21357. New Jersey .......... Construct, reconstruct and integrate multi-transportation modes -- international airport and seaport, rail, national highway system

and brownfields -- to establish an international intermodal transportation center and corridor between and within the cities of Ba-yonne, Elizabeth and Newark, New Jersey ..................................................................................................................................... 2

1358. Louisiana ............ Construct I-49 interchange at Caddo Port Road in Shreveport ........................................................................................................... 4.21359. Oklahoma ............ Conduct study of Highway 3 in McCurtain, Pushmataha and Atoka Counties. ................................................................................... 0.161360. North Carolina .... Construct US-117, the Elizabeth City Bypass in Pasquotank County .................................................................................................. 2.6251361. North Carolina .... Upgrade US 13 (including Ahoskie bypass) in Bertie and Hertford Counties ........................................................................................ 0.751362. California ............ Extend Route 46 expressway in San Luis Obispo Co. .......................................................................................................................... 61363. Illinois ................ Construct improvements to New Era Road, Carbondale ...................................................................................................................... 2.6251364. New York ............ Construct congestion mitigation project for Riverhead ....................................................................................................................... 1.8751365. California ............ Upgrade Riverside Avenue/I-10 interchange, Rialto ........................................................................................................................... 0.693751366. California ............ Construct I-10 Tippecanoe/Anderson interchange project in Loma Linda and San Bernardino County, California. ............................... 1.51367. Colorado .............. Construct C-470/I-70 ramps in Jefferson Co. ....................................................................................................................................... 4.1871368. Washington ......... Conduct feasibility study of State Route 35 Hood River bridge in White Salmon .................................................................................. 0.751369. Tennessee ............ Construct Landport regional transportation hub, Nashville ............................................................................................................... 81370. Pennsylvania ....... Upgrade roadway in the Princeton/Cottman I-95 interchange and related improvements, Philadelphia ................................................ 15.151371. Washington ......... Construct Sequim/Dungeness Valley trail project ............................................................................................................................... 0.751372. Maryland ............ Construct phase 1A of the I-70/I-270/US-340 interchange in Frederick County ..................................................................................... 11.251373. American Samoa .. Upgrade village roads on Tutuila/Manua Island, American Samoa ..................................................................................................... 8.251374. Virginia ............... Improve Lee Highway Corridor in Fairfax, Virginia. ......................................................................................................................... 1.351375. Michigan ............. Preliminary engineering and right-of-way acquisition for ″Intertown South″ route of US 31 bypass, Emmet County ............................. 1.1251376. Missouri .............. Construction of airport ground transportation terminal for the Springfield/Branson Airport intermodal facility in Springfield, Mis-

souri. ........................................................................................................................................................................................... 3.751377. Ohio .................... Upgrade SR 7 (Eastern Ave.) to improve traffic flow into Gallipolis, Gallia Co. ................................................................................... 1.51378. Michigan ............. Construct US-27 between St. Johns and Ithaca .................................................................................................................................. 6.3751379. Washington ......... Construct SR 167 Corridor, Tacoma ................................................................................................................................................... 1.1251380. Washington ......... Widen US-395 in the vicinity of mile post 170 north of Spokane .......................................................................................................... 5.51381. Iowa ................... Construct overpass to eliminate railroad crossing in Burlington ......................................................................................................... 3.4751382. Missouri .............. Improve safety and traffic flow on Rt. 13 through Clinton ................................................................................................................. 61383. Florida ................ Construct Alden Road Improvement Project in Orange County .......................................................................................................... 0.5251384. Dist. of Col. ......... Implement traffic signalization, freeway management and motor vehicle information systems, Washington, D.C. ................................. 61385. Wisconsin ............ Construct freeway conversion project on Highway 41 between Kaukauna and Brown County Highway F ............................................ 161386. Illinois ................ Construct crossings over Fox River in Kane County .......................................................................................................................... 9.3751387. Mississippi ........... Construct US-84 from Eddiceton to Auburn Road .............................................................................................................................. 0.68751388. Illinois ................ Construct US-67 in Madison and Jersey Counties .............................................................................................................................. 5.11389. South Carolina .... Construct Calhoun/Clarendon Causeway .......................................................................................................................................... 6.51390. Florida ................ Construct safety improvements and beautification along U.S. 92, Daytona Beach ............................................................................... 2.251391. Pennsylvania ....... Realign PA29 in the Borough of Collegeville, Montgomery County, Pennsylvania ............................................................................... 0.4951392. Pennsylvania ....... Construct Towamencin Township multimodal center ......................................................................................................................... 2.611393. Maryland ............ Construct improvements to Route 50 interchange with Columbia Pike, Prince Georges Co. ................................................................... 2.41394. Illinois ................ Construct bypass of historic stone bridge, Maeystown ........................................................................................................................ 0.6151395. Pennsylvania ....... Construct Johnstown-Cambria County Airport Relocation Road ......................................................................................................... 0.751396. Pennsylvania ....... Reconstruct the I-81 Davis Street interchange in Lackawanna ........................................................................................................... 61397. Connecticut ......... Realign Route 4 intersection in Farmington ...................................................................................................................................... 2.11398. Pennsylvania ....... Construct Wexford I-79/SR 910 Interchange, Allegheny Co. ................................................................................................................ 0.8251399. Pennsylvania ....... Extend Martin Luther King Busway, Alleghany Co. ......................................................................................................................... 1.651400. Massachusetts ..... Construct Arlington to Boston Bike Path .......................................................................................................................................... 0.751401. New Jersey .......... Construct Collingswood Circle eliminator, Camen .............................................................................................................................. 61402. Ohio .................... Construct grade separations at Fitch Road in Olmsted Falls .............................................................................................................. 3.751403. Wisconsin ............ Construct Eau Claire Bypass project ................................................................................................................................................. 61404. Minnesota ........... Reconstruct SE Main Ave. and related improvements, completing 34th Street Corridor project, Moorhead ............................................ 31405. New York ............ Construct Olana Visitor Center in Olana .......................................................................................................................................... 11406. Massachusetts ..... Improve safety and traffic operations on Main and Green Streets, Mellrose ........................................................................................ 1.951407. New York ............ Reconstruct Jackson Avenue in New Windsor, Orange County ........................................................................................................... 1.9631408. New York ............ Construct congestion mitigation project for Smithtown ...................................................................................................................... 0.751409. New York ............ Reconstruct County Route 24 in Franklin County ............................................................................................................................. 1.854751410. North Carolina .... Construct US-311(I-74) from NC-68 to US-29A-70A ............................................................................................................................. 22.8751411. California ............ Design and initiation of long term improvements along Highway 199 in Del Norte County, California .................................................. 0.2751412. Alabama .............. Complete I-59 interchange in Dekalb County ..................................................................................................................................... 3.61413. New York ............ Improve Hiawatha Boulevard and Harrison Street corridors in Syracuse ............................................................................................ 1.68751414. New Jersey .......... Construct Route 17 bridge over the Susquehanna and Western Rail line in Rochelle Park ................................................................... 1.1251415. Illinois ................ Undertake streetscaping between Damden and Halsted ...................................................................................................................... 0.86251416. Illinois ................ Construct transportation improvements to Industrial Viaduct, Chicago .............................................................................................. 1.1251417. Ohio .................... Construct access and related improvements to Downtown Riverfront Area, Dayton ............................................................................. 3.6751418. Oregon ................ Purchase and install emitters and receiving equipment to facilitate movement of emergency and transit vehicles at key arterial inter-

sections, Portland ......................................................................................................................................................................... 4.51419. Tennessee ............ Reconstruct road and causeway in Shiloh Military Park in Hardin County ........................................................................................ 11.251420. Arkansas ............. Conduct planning for highway 278 and rail for the Warren/Monticello Arkansas Intermodal Complex ................................................. 0.8751421. Oregon ................ Construct regional multimodal transportation center in Albany ......................................................................................................... 101422. Texas .................. Construct two-lane parallel bridge, State Highway 146, FM 517 to vicinity of Dickinson Bayou ........................................................... 3.63751423. Connecticut ......... Relocate and realign Route 72 in Bristol ........................................................................................................................................... 4.05751424. Massachusetts ..... Construct Minuteman Commuter Bikeway-Charles River Bikeway connector, Cambridge and Watertown ............................................ 0.56251425. Michigan ............. Replace Chevrolet Ave. bridge in Genesee Co. .................................................................................................................................... 1.81426. Virginia ............... Construct trailhead and related facilities and restore old Whitetop Train Station at terminus of Virginia Creeper Trail adjacent to

Mount Rogers National Recreation Area ........................................................................................................................................ 0.31427. New York ............ Construct Mineola and Hicksville Intermodal Centers in Nassau Co. .................................................................................................. 121428. Indiana ............... Lafayette Railroad relocation project in Lafayette, Indiana. ............................................................................................................. 22.051429. Michigan ............. Construct Jackson Road project (demonstrating performance of paper and plastic reinforced concrete), Scio Township ........................ 3.451430. Wyoming ............. Widen and improve Cody - Yellowstone Highway from the entrance to Yellowstone National Park to Cody ......................................... 51431. Texas .................. Widen State Highway 6 from from Senior Road to FM521 ................................................................................................................... 9.0751432. Massachusetts ..... Design, engineer and right-of-way aquisition of the Great River Bridge, Westfield .............................................................................. 1.51433. Washington ......... Design and implement report and environmental study of the I-5 corridor in Everett, Washington ....................................................... 11434. North Carolina .... Make improvements to I-95/SR-1162 interchange in Johnston Co. ........................................................................................................ 2.41435. New York ............ Reconstruct Stoneleigh Avenue in Putnam County ............................................................................................................................ 2.891436. Pennsylvania ....... Construct transportation improvements around the interchange of Interstate 81 and S.R. 0944, Hampden Township ............................ 21437. Wisconsin ............ Upgrade Highway 151 between Platteville and Dubuque .................................................................................................................... 61438. New York ............ Improve Bedford-Banksville Road from Millbrook to Connecticut State line ........................................................................................ 1.441439. California ............ Construct interchange between I-15 and SR-18 in Victorville/Apple Valley, California. ........................................................................ 61440. Connecticut ......... Construct overlook and access to Niantic Bay ................................................................................................................................... 2.311441. Arizona ............... Design, engineering and ROW acquisition for Area Service Highway, Yuma ....................................................................................... 0.751442. Connecticut ......... Reconstruct cross road over I-95, Waterford ...................................................................................................................................... 1.51443. Illinois ................ Upgrade industrial park road in Village of Sauget ............................................................................................................................. 3.3751444. California ............ Construct I-680 HOV lanes between Marina Vista toll plaza to North Main Street, Martinez to Walnut Creek ...................................... 5.251445. Iowa ................... Improve US 65/IA 5 interchange, Warren Co. ..................................................................................................................................... 51446. Pennsylvania ....... Replace Masontown bridge, Fayette and Greene Counties .................................................................................................................. 51447. Indiana ............... Extend SR 149 between SR 130 to US Rt. 30, Valparaiso ..................................................................................................................... 31448. Pennsylvania ....... Construct PA-309 Sumneytown Pike Connector ................................................................................................................................. 3.961449. California ............ Improve Route 99/Route 120 interchange in Manteca County ............................................................................................................. 61450. Alaska ................. Construct a bridge joining the Island of Gravina to the Community of Ketchikan on Revilla Island ..................................................... 151451. Nebraska ............. Conduct corridor study of NE-35 alternative and modified route in Norfolk, Wayne and Dakota City .................................................. 0.751452. Michigan ............. Upgrade Lalie St., Frenchtown Rd., and Penshee Rd., Ironwood ....................................................................................................... 0.271453. California ............ Conduct planning, preliminary engineering and design for Etiwanda Ave./I-10 interchange, San Bernardino Co. ................................. 1.51454. California ............ Construct Arbor Vitae Street improvements, Inglewood ...................................................................................................................... 2.6251455. Minnesota ........... Restore MN Transportation facility, Jackson Street Roundhouse, St. Paul ......................................................................................... 0.751456. Rhode Island ....... Upgrade pedestrian traffic facilities, Bristol ...................................................................................................................................... 0.0751457. California ............ Install SiliconValley Smart Corridor project along the I-880 corridor .................................................................................................. 2.1451458. South Carolina .... Construct I-26/US-1 connector in Columbia ....................................................................................................................................... 91459. New York ............ Construct Poughkeepsie Intermodal Facility in Poughkeepsie ............................................................................................................ 3.751460. Oregon ................ Restore transportation connection between Wauna, Astoria and Port of Astoria ................................................................................. 0.525

CONGRESSIONAL RECORD — HOUSEH3846 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1461. New York ............ Conduct feasibility study of new International bridges on the NY/Canada border ............................................................................... 0.3751462. Tennessee ............ Extend Pellissippi Parkway from State Route 33 to State Route 321 in Blount County ......................................................................... 8.851463. Ohio .................... Upgrade 2 warning devices on the rail north/south line from Columbus to Toledo ............................................................................... 0.151464. California ............ Upgrade South Higuera Street, San Luis Obispo ................................................................................................................................ 0.6751465. Alabama .............. Upgrade County Road 39 between Highway 84 and Silver Creek Park, Clarke Co. ............................................................................... 0.751466. North Carolina .... Relocate US 1from north of Lakeview to SR 1180, Moore and Lee Counties ......................................................................................... 5.4751467. Texas .................. Construct extension of West Austin Street (FM 2609) between Old Tyler Road and Loop 224, Nacogdoches ........................................... 1.351468. Michigan ............. Reconstruct I-94 between Michigan Route 14 and US-23 .................................................................................................................... 91469. Connecticut ......... Reconstruct I-84, Hartford ................................................................................................................................................................ 7.10251470. Ohio .................... Undertake improvements to Valley Street, Dayton ............................................................................................................................. 0.6751471. New Jersey .......... Upgrade Urban University Heights Connector, Newark ...................................................................................................................... 7.2751472. Ohio .................... Widen to 5 lanes existing SR 43/Sunset Boulevard in Steubenville, Jefferson County ........................................................................... 0.61473. New York ............ Improve and reconstruct Stony Street in York Town .......................................................................................................................... 0.351474. Ohio .................... Construct grade separation at Dille Road in Euclid ........................................................................................................................... 3.751475. Washington ......... Safety improvements to State Route 14 in Columbia River Gorge National Scenic Area ........................................................................ 3.151476. Indiana ............... Upgrade County roads in LaPorte County. ....................................................................................................................................... 61477. California ............ Implement ITS technologies in Employment Center area of City of El Segundo ................................................................................... 2.66251478. Minnesota ........... Construct pedestrian overpass on Highway 169, Mille Lacs Reservation .............................................................................................. 0.451479. Texas .................. Complete State Highway 35 in Aransas County ................................................................................................................................. 5.421480. washington .......... Construct overcrossing at 38th Street in Everett, WA., and construct the Riverside Industrial Access Road as identified in the FAST

Corridor plan ................................................................................................................................................................................ 5.8931481. Illinois ................ Construct improvements to McKinley Bridge over Mississippi River with terminus points in Venice, Illinois, and St. Louis, Missouri .... 3.91482. Connecticut ......... Upgrade bridge over Naugatuck River, Ansonia ................................................................................................................................ 0.33751483. Louisiana ............ Widen Lapalco Boulevard from Barataria Boulevard to Destrehan Avenue in Jefferson Parish, Louisiana. ......................................... 31484. California ............ Construct Tulare County roads in Tulare County .............................................................................................................................. 6.751485. Washington ......... Extend Mill Plain Boulevard in Vancouver ....................................................................................................................................... 31486. Missouri .............. Construct an intermodal center at Missouri Botanical Garden ........................................................................................................... 0.91487. Ohio .................... Reimburse costs associated with multimodal transportation improvements, Dayton ............................................................................. 2.06251488. West Virginia ....... Upgrade US 340 between West Virginia/Virginia State line and the Charles Town Bypass ................................................................... 21489. Ohio .................... Add lanes and improve intersections on Route 20 in Lake County, Ohio ............................................................................................. 21490. Pennsylvania ....... Rehabilitate Kenmawr Bridge, Swissvale ........................................................................................................................................... 0.451491. Rhode Island ....... Construct Blackstone River Bikeway ................................................................................................................................................ 2.591251492. Alaska ................. Construct Gravina Island Bridge in Ketchikan .................................................................................................................................. 5.4431493. Alaska ................. Construct N.W. Alaska Road/Rail access ........................................................................................................................................... 2.51494. Alaska ................. Construct North Denali access route ................................................................................................................................................. 1.51495. Alaska ................. Construct capital improvements to marine transportation facilities for Prince of Wales Island ............................................................. 0.751496. Alaska ................. Improve marine dry dock and facilities in Ketchikan ......................................................................................................................... 0.751497. Alaska ................. Construct New Access Route to Ship Creek Access in Anchorage ........................................................................................................ 11.9431498. Alabama .............. Construct bridge over Tennessee River connecting Muscle Shoals and Florence .................................................................................. 11499. Alabama .............. Engineering, right-of-way acquisition and construction of Huntsville Southern Bypass ...................................................................... 11500. Alabama .............. Construction of Eastern Black Warrior River Bridge ......................................................................................................................... 7.751501. Alabama .............. Construct East Foley Corridor Project from Baldwin County Highway 20 to State Highway 59 in Alabama .......................................... 11502. Alabama .............. Engineering, right-of-way, acquisition and construction of Birmingham Northern Beltline in Jefferson County ................................... 8.9171503. Alabama .............. Extend I-759 in Etowah County ........................................................................................................................................................ 1.1671504. Alabama .............. Construct Decatur Southern Bypass ................................................................................................................................................. 11505. Alabama .............. Construct Anniston Eastern Bypass from I-20 to Fort McClellan in Calhoun County .......................................................................... 21506. Alabama .............. Construct Montgomery outer loop from US 80 to I-85 via I-65 ............................................................................................................. 11.81507. Alabama .............. Develop U.S. 231/I-10 Freeway Connector from Alabama border to Dothan .......................................................................................... 21508. Alabama .............. Replace bridge over Tombigbee River, Naheola .................................................................................................................................. 31509. Arkansas ............. Development of Little Rock Port Authority ....................................................................................................................................... 21510. Arkansas ............. Development of Little Rock River Rail Project ................................................................................................................................... 21511. Arkansas ............. Improvements to I-30 From Benton to Geyer Springs Exit in Little Rock ............................................................................................. 21512. Arkansas ............. Upgrade 2 bypasses (Washington Ave. Interchange and Highway 63B Interchange) on U.S. 63 in Jonesboro ........................................ 51513. Arkansas ............. Construct bypass at Ashdown ........................................................................................................................................................... 1.251514. Arkansas ............. Devlopment of U.S. 71 from Fort Chaffee to Texarkana ..................................................................................................................... 71515. Arkansas ............. Development of Interchange at Intersection of I-40 and Airport Road in West Memphis ...................................................................... 61516. Arkansas ............. Improve U.S. Highway 412 From Harrison to Mountain Home ............................................................................................................ 3.88751517. Arkansas ............. Complete Courthouse Improvement Enhancements Project in Paris .................................................................................................... 0.11518. Arkansas ............. Further study and development of Russellville Intermodal Complex in Russellville .............................................................................. 0.251519. Arkansas ............. Construct turning lanes at the Intersection of U.S. Highway 71 and Arkansas State Highway 8 in Mena ............................................. 0.06251520. Arkansas ............. Transportation Enhancements in the Vicinity of Dickson St., Fayetteville .......................................................................................... 0.3751521. Arkansas ............. Improve Arkansas State Highway 12 From U.S. 71 at Rainbow Curve to the Northwest Arkansas Regional Airport .............................. 0.1251522. Arkansas ............. Construct intermodal connector access road to the Northwest Ark. Regional Airport ........................................................................... 41523. Arkansas ............. Continue development of West Phoenix Ave, Ft. Smith ...................................................................................................................... 21524. Arkansas ............. Improvements to 28th Street, Van Buren ........................................................................................................................................... 0.251525. Arkansas ............. Conduct feasibility studies for Van Buren Intermodal Port ................................................................................................................ 0.0751526. Arkansas ............. Upgrade Arkansas State Highway 59 from Rena Road to Old Uniontown Road in Van Buren ............................................................. 0.651527. Arkansas ............. Construct improvements to U.S. Highway 71 to I-40 through Fort Chaffee and Fort Smith ................................................................... 1.251528. California ............ Construct I-80 reliever route system, Solano Cty ................................................................................................................................ 12.11529. California ............ Replace Maxwell Bridge, Napa Cty ................................................................................................................................................... 8.71530. California ............ Construct March Inland Port ground access project, Riverside Cty ..................................................................................................... 7.21531. California ............ Construct Sta Monica Transit Pkwy ................................................................................................................................................. 171532. California ............ Construct state Rte 905 between I-805 and Otay Mesa border crossing ................................................................................................ 38.51533. California ............ Construct hwy grade separation/other improvements for ″Gateway for America″ project in San Gabriel Valley ..................................... 1001534. Colorado .............. State Priority Projects ...................................................................................................................................................................... 23.4011535. Connecticut ......... Reconstruction of railroad electrical catenary serving commuter lines between New Haven and Stanford ............................................. 23.4331536. Connecticut ......... Pedestrian/disabled access improvements at Mark Twain House Historic Site ...................................................................................... 0.51537. Connecticut ......... Reconstruct and expand access road and related riverwalk improvements at/adjacent to Riverside Park, Hartford ............................... 21538. Connecticut ......... Develop Winsted and Winchester rail trail, linkage to existing trails in neighboring towns .................................................................. 1.51539. Connecticut ......... Develop Quinipiac River linear trail in Wallingford and Meriden ....................................................................................................... 1.51540. Connecticut ......... Extend Farmington Canal Rail Trail in Hamden and New Haven ....................................................................................................... 1.51541. Florida ................ State Priority Projects ...................................................................................................................................................................... 92.0961542. Georgia ............... Upgrade Lithonia Industrial Blvd, DeKalb Cty ................................................................................................................................. 0.351543. Georgia ............... Widen US 84 South from US 82 to Ware Cte in Waycross and Ware Ctes ............................................................................................. 1.61544. Georgia ............... Construct Rome to Memphis hwy in Floyd and Bartow Ctes .............................................................................................................. 21545. Georgia ............... Construct Athens to Atlanta transportation corridor ......................................................................................................................... 81546. Georgia ............... Conduct a study of Interstate multimodal transportation corridor from Atlanta to Chattanooga .......................................................... 2.51547. Georgia ............... Conduct study of multimodal transportation corridor along GA 400 .................................................................................................... 251548. Georgia ............... Construct Savannah River Pkwy in Bulloch, Jenkins Screven, and Effingham Counties ..................................................................... 51549. Georgia ............... Conduct study of interstate multimodal transportation corridor from Atlanta to Chattanooga ............................................................. 51550. Georgia ............... Undertake major arterial enhancement in DeKalb Cty: Candler Rd, Memorial Dr, and Buford Hwy .................................................... 6.661551. Georgia ............... Construct Harry S. Truman Pkwy .................................................................................................................................................... 3.551552. Georgia ............... Construct multimodal passenger terminal, Atlanta ............................................................................................................................ 8.11553. Georgia ............... Construct Rome to Memphis hwy in Floyd and Bartow Ctes .............................................................................................................. 4.1121554. Georgia ............... Construct Fall Line Freeway from Bibb to Richmond Ctes ................................................................................................................. 9.51555. Georgia ............... Construct Fall Line Freeway from Bibb to Richmond Ctes ................................................................................................................. 231556. Iowa ................... Design, right-of-way and construction of a bridge over railroad tracks on airport access road in Sioux City ........................................ 1.51557. Iowa ................... Construction of a 4-lane expressway between DesMoines and Marshalltown ....................................................................................... 2.751558. Iowa ................... Design, right-of-way and construction of the Avenue G viaduct and related roadway in Council Bluffs .............................................. 71559. Iowa ................... Design and construction of native roadside vegetation enhancement center at U.N.I. in Cedar Falls .................................................... 0.761560. Iowa ................... Construct the D116 Dubuque Bridge over the MI River at Dubuque .................................................................................................... 71561. Iowa ................... Design, right-of-way and construction of segments of Martin Luther King Jr. Parkway in DesMoines from Center ST. to Fleur Dr. ...... 121562. Idaho .................. Reconstruct 184/I-84 interchange (mileposts 0.0--0.6) .......................................................................................................................... 191563. Idaho .................. Rehabilitate US 20 Ashton/Ashton Hill Bridge and Intersection Project (mileposts 363.3--363.5) ............................................................ 3.751564. Idaho .................. Construct Cheyenne Street Railroad Overpass, Pocatello ................................................................................................................... 5.51565. Idaho .................. Stage 1, US 93 Twin Falls Alternate Rte from junction of US 93/Hwy 30 north (mileposts 45--48) .......................................................... 131566. Idaho .................. Safety improvements on US 95 from Genesee to Moscow (mileposts 331--345) ........................................................................................ 161567. Idaho .................. Safety improvements/bridge replacement on US-95 at Mann’s Creek Curves (mileposts 91.2--94.8) ......................................................... 71568. Idaho .................. Alignment/bridge replacement State Hwy 55 between Smith’s Ferry and Round Valley (mileposts 94.9--101.0) ....................................... 181569. Illinois ................ Improve Campus Transportation System, Chicago ............................................................................................................................. 21570. Illinois ................ Construct US 67 in Madison and Jersey Ctes ..................................................................................................................................... 6.7981571. Illinois ................ Construct confluence bikeway in Madison Cty .................................................................................................................................. 1

CONGRESSIONAL RECORD — HOUSE H3847May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1572. Illinois ................ Extend Veterans Mem Drive and construct overpass at I-57 in Mt Vernon .......................................................................................... 31573. Illinois ................ Construct 34 from Burlington IA to Monmouth IL ............................................................................................................................. 51574. Illinois ................ Reconstruct Wacker Dr in Chicago ................................................................................................................................................... 251575. Illinois ................ Reconstruct Stevenson Expwy, Chicago ............................................................................................................................................ 251576. Indiana ............... State Priority Projects ...................................................................................................................................................................... 47.0461577. Kansas ................ State Priority Projects ...................................................................................................................................................................... 23.4881578. Kentucky ............ Widen US 27 from Norwood to Eubank .............................................................................................................................................. 5.831579. Kentucky ............ Reconstruct KY210 from Hodgenville to Morning Star Rd in LaRue Cty ............................................................................................. 21580. Kentucky ............ Conduct feasibility study for No. KY high-priority corridor (I-74) ...................................................................................................... 0.1251581. Kentucky ............ Construct necessary connections for the Taylor Southgate Bridge in Newport and the Clay Wade Bridge in Covington ........................ 2.31582. Kentucky ............ Construction on US 127: Albany Bypass to KY90, Albany Bypass from KY696 to Clinton Cty H.S., and from KY696 to TN state line ..... 2.811583. Kentucky ............ Construct highway rail grade separations along the City Lead in Paducah ........................................................................................ 0.251584. Kentucky ............ Reconstruction of the Louisville Trolley Barn ................................................................................................................................... 1.51585. Kentucky ............ Completion of the Ownsboro Corridor and related State Highway projects .......................................................................................... 15.8171586. Kentucky ............ Extend Hurstbourne Pkwy from Bardstown Rd to Fern Valley Rd ...................................................................................................... 41587. Louisiana ............ Causeway Project ............................................................................................................................................................................ 0.51588. Louisiana ............ I-10 Connector, Port of South Louisiana ........................................................................................................................................... 0.281589. Louisiana ............ Florida Expressway Construction, St. Bernard/Orleans Parishes ........................................................................................................ 0.051590. Louisiana ............ Kerner Bridge, Jefferson Parish ........................................................................................................................................................ 0.251591. Louisiana ............ Construction, LA 1 ........................................................................................................................................................................... 2.31592. Louisiana ............ Leeville Bridge, LA 1 ........................................................................................................................................................................ 21593. Louisiana ............ Louisiana segment, Gulf Coast high speed rail .................................................................................................................................. 11594. Louisiana ............ Perkins Road, Baton Rouge ............................................................................................................................................................. 1.51595. Louisiana ............ East West Corridor/El Camino Real, LA 6 to US 84, Central-Northwest LA ......................................................................................... 11596. Louisiana ............ Nelson Access Road to Port of Lake Charles ...................................................................................................................................... 4.51597. Louisiana ............ Tchopitoulas Corridor, New Orleans ................................................................................................................................................. 4.51598. Louisiana ............ Rte 3132 to Caddo-Bossier Port, Shreveport ....................................................................................................................................... 4.51599. Louisiana ............ Kansas Lane, Monroe ...................................................................................................................................................................... 4.51600. Louisiana ............ New Orleans CBD to New Orleans Int’l Airport, commuter rail .......................................................................................................... 51601. Massachusetts ..... State Priority Projects ...................................................................................................................................................................... 37.3651602. Maryland ............ Improve hwy signage for C&O Canal NHP in Frederick, Washington, and Allegany Cties ................................................................... 0.0911603. Maryland ............ Construct pedestrian bicycle bridge across Susquehanna River between Havre de Grace and Perryville ................................................ 1.251604. Maryland ............ Upgrade US 113 north of US 50 to Jarvis Rd in Worcester Cty ............................................................................................................ 71605. Maryland ............ Upgrade MD 32 in the vicinity of NSA Anne Arundel Cty .................................................................................................................. 6.751606. Maryland ............ Construct Phase 1-A of the I-70/I-270/US 340 interchange in Frederick Cty .......................................................................................... 151607. Maine ................. Upgrade Rte 11 ................................................................................................................................................................................ 0.151608. Maine ................. Construct I-95/Stillwater Avenue interchange .................................................................................................................................... 0.151609. Maine ................. Reconstruction of the Mack Point Cargo Port ................................................................................................................................... 1.451610. Maine ................. Improve Rte 23 ................................................................................................................................................................................. 0.1251611. Maine ................. Improve Rte 26 ................................................................................................................................................................................. 0.3751612. Maine ................. Replace Ridlonville Bridge, Rumford ................................................................................................................................................ 0.8751613. Maine ................. Studies, planning for extension of I-95 .............................................................................................................................................. 21614. Maine ................. Construct I-295 connector, Portland .................................................................................................................................................. 11615. Maine ................. Replace Singing Bridge across Taunton Bay ..................................................................................................................................... 1.3751616. Maine ................. Construct new bridge over Kennebec River (Carlton Bridge replacement) ............................................................................................ 21617. Maine ................. Studies, planning, reconstruction of East-West Hwy .......................................................................................................................... 11618. Michigan ............. State Priority Projects ...................................................................................................................................................................... 25.4471619. Michigan ............. State Priority Projects ...................................................................................................................................................................... 31.4381620. Michigan ............. Reconstruct and rehabilitate, including rail and interstate access improvements for the Detroit Waterfront Dock, Detroit .................... 61621. Minnesota ........... Reconstruct S.E. Main Ave./I-94 Interchange, Moorhead ................................................................................................................... 11622. Minnesota ........... Construct T.H. 212 Construction between I-494 and Carver County Road 147 ...................................................................................... 11623. Minnesota ........... Construct T.H. 610/10 from T.H. 169 in Brooklyn Park to I-94 in Maple Grove ..................................................................................... 21624. Minnesota ........... Construct Mankato South Route in Mankato .................................................................................................................................... 11625. Minnesota ........... Reconstruct SE Main Avenue/I-94 Interchange, Moorhead ................................................................................................................. 21626. Minnesota ........... Replace Sauk Rapids Bridge Over Mississippi River, Stearns and Benton Counties ............................................................................. 11627. Minnesota ........... Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton Cties .................................................................................... 11628. Minnesota ........... Construct Shepard Rd./Upper Landing Interceptor, St. Paul .............................................................................................................. 11629. Minnesota ........... Construct Mankato South Route, Mankato ....................................................................................................................................... 11630. Minnesota ........... Reconstruct and Replace I-494 Wakota Bridge from South St. Paul to Newport and approaches .......................................................... 3.5291631. Minnesota ........... Reconstruct/replace I-494 Wakota Bridge from South St. Paul to Newport, and approaches ................................................................. 11632. Minnesota ........... Construct Phalen Blvd. between I-35 and I-94 ................................................................................................................................... 2.51633. Minnesota ........... Construct T.H. 610/10 from T.H. 169 in Brooklyn Park to I-94 in Maple Grove ..................................................................................... 9.0291634. Minnesota ........... Design and Construct Access to I-35W at Lake St., Minneapolis ......................................................................................................... 21635. Missouri .............. Develop bike/pedestrian paths for Town of Kansas and Riverfront Park in Kansas City ...................................................................... 0.3411636. Missouri .............. Construct Cuivre River Bridge at Lincoln County .............................................................................................................................. 31637. Missouri .............. Construct Rte 13 MO River Bridge at Lexington ................................................................................................................................ 31638. Missouri .............. Construct Hwy 47 MO River Bridge at Washington ........................................................................................................................... 31639. Missouri .............. Construct Rte 5 Bridge at the Lake of the Ozarks .............................................................................................................................. 31640. Missouri .............. Upgrade Interstate 70 in the State of MO .......................................................................................................................................... 101641. Missouri .............. Construct Chouteau Bridge at Kansas City ....................................................................................................................................... 61642. Missouri .............. Construct Mississippi River Bridge at Hannibal ................................................................................................................................. 61643. Missouri .............. Construct Bill Emerson Memorial Bridge ........................................................................................................................................... 81644. Missouri .............. Construct Missouri River Bridge at Hermann .................................................................................................................................... 51645. Mississippi ........... Replace functionally obsolete drawbridge with new crossing, High Rise Bridge, at Pascagoula ............................................................ 381646. Montana ............. Conduct environmental review, planning, design, and construction of the Beartooth Highway in Wyoming and Montana .................... 19.9051647. North Carolina .... Construct Raleigh Outer Loop (segment D) between NC 50 and SR 2000 .............................................................................................. 8.441648. North Carolina .... Construct additional lanes on I-77 between I-85 and NC 73 ................................................................................................................ 481649. North Dakota ...... State Priority Projects ...................................................................................................................................................................... 13.1381650. Nebraska ............. Improve Nebraska Highways 8 and 15 in Fairbury ............................................................................................................................. 31651. Nebraska ............. Construct Riverfront Trails and Bridges Along Missouri River from Dodge Park through Omaha to Bellevue ....................................... 4.7861652. New Hampshire .... Widen I-93 from Salem to Manchester ............................................................................................................................................... 1.1751653. New Hampshire .... Construct Manchester Airport Access Road, Manchester .................................................................................................................... 11654. New Hampshire .... Conway bypass/Rte 16 mitigation, Conway ........................................................................................................................................ 0.51655. New Hampshire .... Improve Bridge Street bridge, Plymouth ............................................................................................................................................ 11656. New Hampshire .... Advance completion of Rte 101 project from Raymond to Hampton ..................................................................................................... 21657. New Hampshire .... Rehabilitate/reconstruct Bath-Haverhill Bridge, Bath and Haverhill .................................................................................................. 0.651658. New Hampshire .... Construct Manchester Access Rd, Manchester ................................................................................................................................... 3.1751659. New Hampshire .... Construct Orford Bridge, Orford ....................................................................................................................................................... 0.851660. New Jersey .......... Construct bicycle trails and riverside improvements, West Deptford .................................................................................................... 0.71661. New Jersey .......... Construct Del. River tram to link destinations on both sides of Del. River ........................................................................................... 81662. New Jersey .......... Construct new ramp between NJ 42 and south section of I-295 ............................................................................................................ 141663. New Jersey .......... Construct roadway network through the Bergen Arches railroad right-of-way, Hudson Cty ................................................................ 26.51664. New Jersey .......... Relocate/construct Cooper Hospital Med Ctr helipad, Camden ............................................................................................................ 1.51665. Nevada ................ Canamex Corridor Innovative Urban Renovation Project in Henderson .............................................................................................. 1.5311666. Nevada ................ Widen US 50 between Fallon and Fernley ......................................................................................................................................... 11667. Nevada ................ I-580/U.S. 395 Freeway Extension to Carson City ............................................................................................................................... 51668. Nevada ................ Reconstruction of I-15 Interchange at Sahara Ave. and Rancho Rd. in North Las Vegas ..................................................................... 51669. Nevada ................ Widening of Craig Rd. in North Las Vegas ........................................................................................................................................ 21670. Nevada ................ Widen I-15 in San Bernadino County, CA ......................................................................................................................................... 61671. New York ............ Reconstruct Springfield Blvd between the LIRR Main Line South to Rockaway Blvd in Queens County .............................................. 11672. New York ............ Replace Kennedy-class ferries in Staten Island .................................................................................................................................. 21673. New York ............ Construct Fordham Univ Regional Transportation Facility, Bronx .................................................................................................... 41674. New York ............ Construct Hamilton St interchange between Rte 17 and Rte 15 in Erwin ............................................................................................. 4.41675. New York ............ Construct intermodal project at Castle Clinton and Battery Pk, NYC ................................................................................................. 61676. New York ............ Relocate toll barrier in Williamsville ................................................................................................................................................. 6.11677. New York ............ Construct Rte 219 from Springville to Salamanica (Rte 13 to Rte 17) ................................................................................................... 201678. New York ............ Design/construct upgraded interchange between I-84 and I-87 nr Stuart Int.’l Airport, Newburg .......................................................... 201679. New York ............ Renovate/reconstruct James A Farley Post Office, NYC, as new Amtrak Sta ....................................................................................... 401680. New York ............ Renovate Hellgate Bridge, NYC ........................................................................................................................................................ 151681. Ohio .................... Upgrade intersection of US 20 and SR 420, Woodville ......................................................................................................................... 51682. Ohio .................... Improve intersection at SR 327 and US 32, Wellston ........................................................................................................................... 31683. Ohio .................... Upgrade US 20 in Painesville, Perry, and Madison ............................................................................................................................ 3

CONGRESSIONAL RECORD — HOUSEH3848 May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1684. Ohio .................... Upgrade US 30 and Hill-Diley Road, Lancaster ................................................................................................................................. 41685. Ohio .................... Upgrade Caves Road, Geauga County ............................................................................................................................................... 21686. Ohio .................... Upgrade SR 2 between Oregon and Camp Perry ................................................................................................................................ 51687. Ohio .................... Construct intermodal transit center in Cinncinnati ............................................................................................................................ 81688. Ohio .................... High priority highway and bridge projects ........................................................................................................................................ 34.3251689. Ohio .................... Upgrade intersection of US35 and Fairfield Road .............................................................................................................................. 41690. Oklahoma ............ Reconstruct/widen I-40 Crosstown Bridge and Realignment, Oklahoma City ....................................................................................... 30.9121691. Oregon ................ Relocate Highway 126 through Redmond ........................................................................................................................................... 41692. Oregon ................ Widen U.S. 30 from two lanes to four lanes in Pendleton ................................................................................................................... 7.81693. Oregon ................ Restore funding for Broadway Bridge Project ................................................................................................................................... 2.51694. Oregon ................ Restore funding for I-5/217 Kruse Way Project ................................................................................................................................... 1.751695. Oregon ................ Restore funding for Astoria Hazard Recovery Railroad Slide .............................................................................................................. 0.1751696. Oregon ................ Restore funding for South Rivergate Overcrossing Project .................................................................................................................. 21697. Oregon ................ Restore funding for Medford Highway 62/99 Project .......................................................................................................................... 41698. Oregon ................ Restore funding for I-205 Sunnybrooke Interchange Project ............................................................................................................... 1.81699. Pennsylvania ....... Reconstruction of I-79 from Pa 285 to US 6, Crawford County ............................................................................................................ 11700. Pennsylvania ....... Relocation of US 15 from US 522 to PA 147 in Snyder, Union, and Northumberland Counties ............................................................... 11701. Pennsylvania ....... Reconstruct I-81/Davis Street Interchange, Lackawanna County ....................................................................................................... 11702. Pennsylvania ....... Construct American Parkway Bridge project, Allentown .................................................................................................................... 11703. Pennsylvania ....... Construct Williams-Lycoming Cty Airport access road from I-80 to the Airport ................................................................................... 11704. Pennsylvania ....... Rehabilitate Streets Run Road for emergency access .......................................................................................................................... 0.51705. Pennsylvania ....... Construct pedestrian bridge, Vine Street Expressway between 15th and 16th Streets ............................................................................ 11706. Pennsylvania ....... North Shore roadway and pedestrian improvements, Pittsburgh ......................................................................................................... 2.5051707. Pennsylvania ....... Widening and reconstruction of US 30, Lancaster County .................................................................................................................. 2.51708. Pennsylvania ....... Construction of Erie Bayside Connector, Erie County ........................................................................................................................ 21709. Pennsylvania ....... Construct Independence Gateway Transportation Ctr project, Philadelphia ....................................................................................... 11710. Pennsylvania ....... Road construction in and around former Bethlehem Steel plant site ................................................................................................... 31711. Pennsylvania ....... Roadway and pedestrian improvements for North Shore Central Business District Corridor Transportation Project, Pittsburgh ............ 2.51712. Pennsylvania ....... Construction at Williamsport Airport, Lycoming County .................................................................................................................... 21713. Pennsylvania ....... Construct US 322 Conchester Hwy between US 1 and SR 452 .............................................................................................................. 31714. Pennsylvania ....... Construct I-95 access ramps at and around Philadelphia Int’l Airport ................................................................................................ 51715. Pennsylvania ....... Reconstruct SR 309 in Eastern Montgomery County .......................................................................................................................... 21716. Pennsylvania ....... Lancaster County airport runway extension ..................................................................................................................................... 11717. Pennsylvania ....... Construct safety and capacity improvements to Rte 309 and Old Packhouse Road, including widening of Old Packhouse Road between

KidsPeace National Hospital and Rte 309, Lehigh County .............................................................................................................. 11718. Pennsylvania ....... Construct grade separated interchange on Old Rte 60 at Pgh. Airport, Allegheny County ................................................................... 11719. Pennsylvania ....... Improvements to SR 412 from I-78 to Bethlehem Steel site and road improvements for rail intermodal facility, Bethlehem ...................... 21720. Pennsylvania ....... Construct new interchange at Settler’s Cabin, Allegheny County ....................................................................................................... 11721. Pennsylvania ....... Improve access and interchange from I-95 to int’l terminal at Philadelphia Int’l Airport ..................................................................... 51722. Pennsylvania ....... Relocate Rte 15 at Selinsgrove and Shamokin Dam, Snyder County .................................................................................................... 11723. Pennsylvania ....... Construct access to site of former Philadelphia Naval Shipyard and Base ........................................................................................... 21724. Pennsylvania ....... Reconstruct I-80, Mercer and Venango Counties ................................................................................................................................ 11725. Pennsylvania ....... Construct Erie Eastside Connector .................................................................................................................................................... 31726. Pennsylvania ....... Reconstruct main line I-179 .............................................................................................................................................................. 11727. Pennsylvania ....... Upgrade US 219 between Meyersdale and Somerset ............................................................................................................................ 51728. Pennsylvania ....... Relocate Rte 222 in/around Trexlertown, Lehigh County .................................................................................................................... 31729. Pennsylvania ....... Widen Broad Street and related improvements, Hazelton ................................................................................................................... 21730. Pennsylvania ....... Construct Cranberry Connector, I-79/Rte 19/PA Turnpike, Butler County ........................................................................................... 21731. Pennsylvania ....... Construct Warren Street Extension, Reading ..................................................................................................................................... 31732. Pennsylvania ....... Construct new lane on Rte 15, Tioga County ..................................................................................................................................... 51733. Pennsylvania ....... Construct Mon Fayette Expressway between WV and Fairchance ...................................................................................................... 51734. Pennsylvania ....... Reconstruct Ft. Pitt Bridge and Tunnel, Pittsburgh .......................................................................................................................... 191735. Pennsylvania ....... Construct new interchange at I-95 and PA Turnpike and related improvements .................................................................................. 51736. Rhode Island ....... Construct Blackstone River bikeway ................................................................................................................................................. 8.8431737. Rhode Island ....... Construct Woonasquatucket bikeway ................................................................................................................................................ 3.11738. South Carolina .... Replace Cooper River Bridges, Charleston ......................................................................................................................................... 19.3111739. South Dakota ...... Construct Eastern Dakota Expressway between Aberdeen at I-29 ....................................................................................................... 12.8321740. South Dakota ...... Preserve Skyline Drive Scenic Ridgetop in Rapid City ........................................................................................................................ 0.51741. South Dakota ...... Construct new interchange and access road on Interstate 90 at Box Elder .......................................................................................... 11742. Tennessee ............ Reconstruction of Old Walland Hwy Bridge over Little River, Townsend ............................................................................................ 0.421743. Tennessee ............ Construct pedestrian & bicycle pathway to connect with Miss. River Trail & restore historic cobblestones on the Riverfront, Memphis .. 0.71744. Tennessee ............ High priority highway and bridge projects ........................................................................................................................................ 44.0481745. Utah ................... Construct Phase 2 of the Univ Ave Interchange, Provo ...................................................................................................................... 1.51746. Utah ................... Engineer/reconstruct at Brown’s Park Rd, Daggett Cty ..................................................................................................................... 0.851747. Utah ................... Construct Cache Valley Hwy in Logan ............................................................................................................................................. 11748. Utah ................... Gateway Redevelopment Area road reconstruction, Salt Lake City ..................................................................................................... 11749. Utah ................... Widen/improve 123rd/126th South from 700 East to Jordan River, Draper ............................................................................................. 0.51750. Utah ................... Construct Cache Valley Hwy in Logan ............................................................................................................................................. 21751. Utah ................... Widen/improve 123rd/126th South from Jordan River to Bangerter Hwy in Riverton ............................................................................. 0.51752. Utah ................... Construct underpass at 100 South, in Sandy ..................................................................................................................................... 11753. Utah ................... Extend Main St from 5600 South to Vine St, Murray .......................................................................................................................... 21754. Utah ................... Construct Phase 2 of the Univ Ave Interchange, Provo ...................................................................................................................... 11755. Utah ................... Widen 7200 West, Midvale ................................................................................................................................................................ 0.351756. Utah ................... Construct I-15 interchange at Atkinville ............................................................................................................................................ 21757. Utah ................... Improve 5600 West Hwy from 2100 South to 4100 South in West Valley City ......................................................................................... 11758. Virginia ............... Construct Southeastern Pkwy and Greenbelt, Virginia Beach ............................................................................................................ 41759. Virginia ............... Construct Route 288, Richmond ........................................................................................................................................................ 21760. Virginia ............... Planning/design for Coalfields Expwy, Buchanan, Dickinson, and Wise Ctes ...................................................................................... 51761. Virginia ............... Complete no. section of Fairfax Cty Pkwy, Fairfax County ................................................................................................................ 21762. Virginia ............... Reconstruct SR 168 (Battlefield Blvd), Chesapeake ............................................................................................................................ 31763. Virginia ............... Phase 1 Downtown Staunton Streetscape Plan .................................................................................................................................. 0.21764. Virginia ............... Commuter/freight rail congestion/mitigation project over Quantico Creek ............................................................................................ 21765. Virginia ............... Conduct preliminary engineering on I-73 between Roanoke and VA/NC state line ............................................................................... 11766. Virginia ............... Construct I-95/State Rte 627 interchange, Stafford Cty ....................................................................................................................... 11767. Virginia ............... Improve Lee Hwy Corridor in Fairfax ............................................................................................................................................... 11768. Virginia ............... Construct Third Bridge/Tunnel Crossing of Hampton Rd ................................................................................................................... 31769. Virginia ............... Widen I-64 Bland Blvd interchange .................................................................................................................................................. 31770. Virginia ............... Construct ″Smart Road″ in Blacksburg .............................................................................................................................................. 51771. Virginia ............... Reconstruct I-66/Rte 29 interchange, Gainesville ................................................................................................................................ 151772. Vermont .............. Upgrade and Improve Publicly-Owned Vermont Rail Infrastructure from Bennington to Burlington ................................................... 9.1681773. Washington ......... Hood River Bridge SR 35 .................................................................................................................................................................. 0.1921774. Washington ......... Port of Kalama River Bridge ............................................................................................................................................................ 0.1691775. Washington ......... Huntington Avenue South Castle Rock ............................................................................................................................................. 0.1381776. Washington ......... Port of Longview Industrial Rail Corridor ......................................................................................................................................... 0.4771777. Washington ......... I-5 interchange, Lewis Cty ............................................................................................................................................................... 1.271778. Washington ......... Safety Improvements to SR 14 Columbia Gorge .................................................................................................................................. 0.7751779. Washington ......... Construct 192nd Street from SR 14 to SE 15th, Vancouver .................................................................................................................. 0.9621780. Washington ......... Widen US 395 north of Spokane ........................................................................................................................................................ 1.91781. Washington ......... Columbia Center Blvd, Kennewick .................................................................................................................................................... 0.3091782. Washington ......... Construct Washington Pass Visitors Center ....................................................................................................................................... 0.2311783. Washington ......... Improve Hillsboro Street/Hwy 395 intersection, Pasco ......................................................................................................................... 0.6821784. Washington ......... Reconstruct I-82/Keys Road Intersection, Yakima .............................................................................................................................. 1.6631785. Washington ......... Construct Sequim/Dungeness Valley Trail Project .............................................................................................................................. 0.1921786. Washington ......... Widen SR 99 between 148th Street and King County Line, Lynnwood ................................................................................................ 0.5771787. Washington ......... Improve I-5/196th Street Interchange, Lynnwood ............................................................................................................................... 0.8661788. Washington ......... Construct SR 305 corridor improvement, Poulsboro ............................................................................................................................ 0.6731789. Washington ......... Edmonds Crossing multi-modal transportation project ....................................................................................................................... 0.9621790. Washington ......... Construct Cross Base Corridor Ft. Lewis/McChord AFB ..................................................................................................................... 0.1151791. Washington ......... Reconstruct I-5 Interchange, City of Lacey ....................................................................................................................................... 0.2881792. Washington ......... Construct SR 167 Corridor ................................................................................................................................................................ 0.2881793. Washington ......... Southworth Seattle Ferry ................................................................................................................................................................. 0.9621794. Washington ......... Undertake SR 166 Slide Repair ......................................................................................................................................................... 1.25

CONGRESSIONAL RECORD — HOUSE H3849May 22, 1998

No. State Project description[Dollarsin Mil-lions]

1795. Washington ......... Construct SR 7 Elbe rest area and interpretive facility ....................................................................................................................... 0.151796. Washington ......... Extend Mill Plain Blvd, Vancouver .................................................................................................................................................. 11797. Washington ......... Construct I-405/NE 8th Street Interchange, Bellevue .......................................................................................................................... 5.8751798. Washington ......... Improve I-90/Sunset Way Interchange, Issaquah ............................................................................................................................... 4.951799. Washington ......... Clinton Ferry Terminal .................................................................................................................................................................... 1.21800. Washington ......... 8th Street East Pierce County ........................................................................................................................................................... 0.251801. Washington ......... Shaw Road Puyallup extension ........................................................................................................................................................ 0.3751802. Washington ......... 180th, Tukwila ................................................................................................................................................................................. 0.51803. Washington ......... South 277th, Auburn (UP) ................................................................................................................................................................ 0.51804. Washington ......... South 277th, Auburn (BNSF) ............................................................................................................................................................ 0.51805. Washington ......... Construct Southwest Third Street ..................................................................................................................................................... 0.751806. Washington ......... Construct Port of Tacoma Road ........................................................................................................................................................ 1.1251807. Washington ......... Construct North Duwamish Intermodal Project ................................................................................................................................. 41808. West Virginia ....... Construct Coalfields Expressway ...................................................................................................................................................... 22.691809. Wyoming ............. State Priority Projects ...................................................................................................................................................................... 13.9341810. New Mexico ......... Construct Rio Rancho Highway ....................................................................................................................................................... 201811. Massachusetts ..... Reconsruct Huntington Avenue ........................................................................................................................................................ 11812. Texas .................. Relocate railroad Bryan/College Station at Texas A&M or any other high priority project in Texas ..................................................... 101813. Texas .................. High priority highway and bridge projects ........................................................................................................................................ 133.8631814. Arizona ............... High priority highway and bridge projects ........................................................................................................................................ 31.0761815. Delaware ............. High priority highway and bridge projects ........................................................................................................................................ 8.8681816. Hawaii ................ High priority highway and bridge projects ........................................................................................................................................ 10.3791817. Wisconsin ............ High priority highway and bridge projects ........................................................................................................................................ 39.9261818. Arkansas ............. High priority highway and bridge projects ........................................................................................................................................ 151819. Maine ................. High priority highway and bridge projects ........................................................................................................................................ 101820. Texas .................. Relocate railroad line in Bryan and College Station, Texas A&M University ...................................................................................... 151821. Virginia ............... High priority highway and bridge projects ........................................................................................................................................ 51822. New Hampshire .... High priority highway and bridge projects ........................................................................................................................................ 51823. Idaho .................. High priority highway and bridge projects ........................................................................................................................................ 51824. Arkansas ............. Conduct Seismic Design and Deployment Projects ............................................................................................................................. 51825. Missouri .............. High priority highway and bridge projects ........................................................................................................................................ 101826. Wyoming ............. High priority highway and bridge projects ........................................................................................................................................ 51827. Rhode Island ....... Construct pedestrian and Bicycle Facilities ....................................................................................................................................... 51828. Oklahoma ............ High priority highway and bridge projects ........................................................................................................................................ 51829. Colorado .............. High priority highway and bridge projects ........................................................................................................................................ 51830. Alabama .............. Develop Huntsville Southern Bypass ................................................................................................................................................. 11831. Alabama .............. Replace bridge over Tombigbee River, Naheola .................................................................................................................................. 11832. Alabama .............. Construct Anniston Eastern Bypass .................................................................................................................................................. 11833. Alabama .............. Construct East Foley Corridor Project from Baldwin County Highway 20 to State Highway 59 in Alabama .......................................... 0.751834. Alabama .............. Construct Decatur Southern Bypass ................................................................................................................................................. 11835. Alabama .............. Construct Montgomery Outer Loop from US 80 to I-85 via I-65 ........................................................................................................... 11836. Alabama .............. Develop Birmingham Northern Beltline ............................................................................................................................................. 1.451837. Alabama .............. Construct bridge over Tennessee River connecting Muscle Shoals and Florence .................................................................................. 11838. Alabama .............. Create National University Transportation Center at the University of Alabama ................................................................................ 1.81839. Alabama .............. University at Alabama at Birmingham-Trauma Care Center .............................................................................................................. 2.251840. Alabama .............. Conduct advance vehicle transportation research program at the University of Alabama Tuscaloosa ................................................... 21841. Alabama .............. Conduct asphalt research program at Auburn University ................................................................................................................... 0.51842. Alabama .............. Conduct Global Climate Reserach Program at the University of Alabama at Huntsville ....................................................................... 0.251843. California ............ Conduct Golden Gate Seismic Retrofit Project ................................................................................................................................... 261844. Oregon ................ Prepare and preserve high priority highways .................................................................................................................................... 301845. South Dakota ...... Construct Eastern Dakota Expressway from Aberdeen to I-29 ............................................................................................................ 23.7681846. Massachusetts ..... High priority highway and bridges ................................................................................................................................................... 251847. Pennsylvania ....... Reconstruct and improve I-95 in Delaware, Philadelphia and Bucks Counties, Pennsylvania .............................................................. 501848. Pennsylvania ....... Reconstruct and improve US-22 in Westmoreland and Indiana Counties, Pennsylvania ....................................................................... 501849. South Carolina .... Replace Cooper River Bridges, Charleston ......................................................................................................................................... 201850. Alaska ................. Construct Bradfield Canal Road ....................................................................................................................................................... 1

SEC. 1603. SPECIAL RULE.For purposes of calculating the minimum

guarantee apportionment under section 105 oftitle 23, United States Code, the Secretary shallnot include projects numbered 1818 through 1849in section 1602.

TITLE II—HIGHWAY SAFETYSEC. 2001. HIGHWAY SAFETY PROGRAMS.

(a) UNIFORM GUIDELINES.—Section 402(a) oftitle 23, United States Code, is amended—

(1) in the fourth sentence by striking ‘‘(4) to’’and inserting ‘‘(4) to prevent accidents and’’;

(2) in the eighth sentence by striking ‘‘includeinformation obtained by the Secretary undersection 4007 of the Intermodal Surface Transpor-tation Efficiency Act of 1991 and’’; and

(3) in the twelfth sentence by inserting ‘‘en-forcement of light transmission standards ofwindow glazing for passenger motor vehiclesand light trucks as necessary to improve high-way safety,’’ before ‘‘and emergency services’’.

(b) ADMINISTRATION OF STATE PROGRAMS.—Section 402(b) of such title is amended—

(1) by striking ‘‘(b)(1)’’ and all that followsthrough paragraph (2) and inserting the follow-ing:

‘‘(b) ADMINISTRATION OF STATE PROGRAMS.—’’;

(2) by redesignating paragraphs (3), (4), and(5) as paragraphs (1), (2), and (3), respectively;

(3) in paragraph (1)(C) (as so redesignated) bystriking ‘‘paragraph (5)’’ and inserting ‘‘para-graph (3)’’; and

(4) in paragraph (2) (as so redesignated) bystriking ‘‘paragraph (3)(C)’’ and inserting‘‘paragraph (1)(C)’’.

(c) APPORTIONMENT OF FUNDS.—The sixthsentence of section 402(c) of such title is amend-ed by inserting ‘‘the apportionment to the Sec-retary of the Interior shall not be less than

three-fourths of 1 percent of the total apportion-ment and’’ after ‘‘except that’’.

(d) APPLICATION IN INDIAN COUNTRY.—Section402(i) of such title is amended to read as follows:

‘‘(i) APPLICATION IN INDIAN COUNTRY.—‘‘(1) USE OF TERMS.—For the purpose of appli-

cation of this section in Indian country, theterms ‘State’ and ‘Governor of a State’ includethe Secretary of the Interior and the term ‘polit-ical subdivision of a State’ includes an Indiantribe.

‘‘(2) EXPENDITURES FOR LOCAL HIGHWAY PRO-GRAMS.—Notwithstanding subsection (b)(1)(C),95 percent of the funds apportioned to the Sec-retary of the Interior under this section shall beexpended by Indian tribes to carry out highwaysafety programs within their jurisdictions.

‘‘(3) ACCESS FOR INDIVIDUALS WITH DISABIL-ITIES.—The requirements of subsection (b)(1)(D)shall be applicable to Indian tribes, except tothose tribes with respect to which the Secretarydetermines that application of such provisionswould not be practicable.

‘‘(4) INDIAN COUNTRY DEFINED.—In this sub-section, the term ‘Indian country’ means—

‘‘(A) all land within the limits of any Indianreservation under the jurisdiction of the UnitedStates, notwithstanding the issuance of anypatent and including rights-of-way runningthrough the reservation;

‘‘(B) all dependent Indian communities withinthe borders of the United States, whether withinthe original or subsequently acquired territorythereof and whether within or without the limitsof a State; and

‘‘(C) all Indian allotments, the Indian titles towhich have not been extinguished, includingrights-of-way running through such allot-ments.’’.

(e) RULEMAKING PROCEEDING.—Section 402(j)of such title is amended to read as follows:

‘‘(j) RULEMAKING PROCEEDING.—The Secretarymay periodically conduct a rulemaking processto identify highway safety programs that arehighly effective in reducing motor vehicle crash-es, injuries, and deaths. Any such rulemakingshall take into account the major role of theStates in implementing such programs. When arule promulgated in accordance with this sec-tion takes effect, States shall consider thesehighly effective programs when developing theirhighway safety programs.’’.

(f) HIGHWAY SAFETY EDUCATION AND INFOR-MATION.—

(1) IN GENERAL.—For fiscal years 1999 and2000, the Secretary shall allow any State to usefunds apportioned to the State under section 402of title 23, United States Code, to purchase tele-vision and radio time for highway safety publicservice messages.

(2) REPORTS BY STATES.—Any State that usesfunds described in paragraph (1) for purchasingtelevision and radio time for highway safetypublic service messages shall submit to the Sec-retary a report describing, and assessing the ef-fectiveness of, the messages.

(3) STUDY.—Based on information containedin the reports submitted under paragraph (2),the Secretary shall prepare and transmit to Con-gress a report on the effectiveness of purchasingtelevision and radio time for highway safetypublic service messages using funds described inparagraph (1).SEC. 2002. HIGHWAY SAFETY RESEARCH AND DE-

VELOPMENT.(a) AUTHORITY OF THE SECRETARY.—Section

403(a)(2)(A) of title 23, United States Code, isamended by inserting ‘‘, including training inwork zone safety management’’ after ‘‘person-nel’’.

(b) DRUGS AND DRIVER BEHAVIOR.—

CONGRESSIONAL RECORD — HOUSEH3850 May 22, 1998(1) IN GENERAL.—Section 403(b) of such title is

amended by adding at the end the following:‘‘(3) Measures that may deter drugged driving.‘‘(4) Programs to train law enforcement offi-

cers on motor vehicle pursuits conducted by theofficers.’’.

(2) REPORTS OF FEDERAL POLICIES AND PROCE-DURES.—Not later than 180 days after the dateof enactment of this Act, the Attorney General,the Secretary of Agriculture, the Secretary ofthe Interior, the Secretary of the Treasury, theChief of Capitol Police, and the Administratorof General Services shall each transmit to Con-gress a report containing—

(A) the policy of the department or agencyheaded by that individual concerning motor ve-hicle pursuits by law enforcement officers ofthat department or agency; and

(B) a description of the procedures that thedepartment or agency uses to train law enforce-ment officers in the implementation of the policyreferred to in subparagraph (A).SEC. 2003. OCCUPANT PROTECTION.

(a) OCCUPANT PROTECTION INCENTIVEGRANTS.—

(1) IN GENERAL.—Chapter 4 of title 23, UnitedStates Code, is amended by inserting after sec-tion 404 the following:‘‘§ 405. Occupant protection incentive grants

‘‘(a) GENERAL AUTHORITY.—‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to

the requirements of this section, the Secretaryshall make grants under this section to Statesthat adopt and implement effective programs toreduce highway deaths and injuries resultingfrom individuals riding unrestrained or improp-erly restrained in motor vehicles. Such grantsmay be used by recipient States only to imple-ment and enforce, as appropriate, such pro-grams.

‘‘(2) MAINTENANCE OF EFFORT.—No grant maybe made to a State under this section in any fis-cal year unless the State enters into such agree-ments with the Secretary as the Secretary mayrequire to ensure that the State will maintain itsaggregate expenditures from all other sourcesfor programs described in paragraph (1) at orabove the average level of such expenditures inits 2 fiscal years preceding the date of enact-ment of the Transportation Equity Act for the21st Century.

‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY.—NoState may receive grants under this section inmore than 6 fiscal years beginning after Septem-ber 30, 1997.

‘‘(4) FEDERAL SHARE.—The Federal share ofthe cost of implementing and enforcing, as ap-propriate, in a fiscal year a program adopted bya State pursuant to paragraph (1) shall not ex-ceed—

‘‘(A) in each of the first and second fiscalyears in which the State receives a grant underthis section, 75 percent;

‘‘(B) in each of the third and fourth fiscalyears in which the State receives a grant underthis section, 50 percent; and

‘‘(C) in each of the fifth and sixth fiscal yearsin which the State receives a grant under thissection, 25 percent.

‘‘(b) GRANT ELIGIBILITY.—A State shall be-come eligible for a grant under this section byadopting or demonstrating to the satisfaction ofthe Secretary at least 4 of the following:

‘‘(1) SAFETY BELT USE LAW.—The State has ineffect a safety belt use law that makes unlawfulthroughout the State the operation of a pas-senger motor vehicle whenever an individual(other than a child who is secured in a child re-straint system) in the front seat of the vehicle(and, beginning in fiscal year 2001, in any seatin the vehicle) does not have a safety belt prop-erly secured about the individual’s body.

‘‘(2) PRIMARY SAFETY BELT USE LAW.—TheState provides for primary enforcement of thesafety belt use law of the State.

‘‘(3) MINIMUM FINE OR PENALTY POINTS.—TheState imposes a minimum fine or provides for the

imposition of penalty points against the driver’slicense of an individual—

‘‘(A) for a violation of the safety belt use lawof the State; and

‘‘(B) for a violation of the child passengerprotection law of the State.

‘‘(4) SPECIAL TRAFFIC ENFORCEMENT PRO-GRAM.—The State has implemented a statewidespecial traffic enforcement program for occu-pant protection that emphasizes publicity forthe program.

‘‘(5) CHILD PASSENGER PROTECTION EDUCATIONPROGRAM.—The State has implemented a state-wide comprehensive child passenger protectioneducation program that includes education pro-grams about proper seating positions for chil-dren in air bag equipped motor vehicles and in-struction on how to reduce the improper use ofchild restraint systems.

‘‘(6) CHILD PASSENGER PROTECTION LAW.—TheState has in effect a law that requires minorswho are riding in a passenger motor vehicle tobe properly secured in a child safety seat orother appropriate restraint system.

‘‘(c) GRANT AMOUNTS.—The amount of agrant for which a State qualifies under this sec-tion for a fiscal year shall equal up to 25 percentof the amount apportioned to the State for fiscalyear 1997 under section 402.

‘‘(d) ADMINISTRATIVE EXPENSES.—Funds au-thorized to be appropriated to carry out this sec-tion in a fiscal year shall be subject to a deduc-tion not to exceed 5 percent for the necessarycosts of administering the provisions of this sec-tion.

‘‘(e) APPLICABILITY OF CHAPTER 1.—The pro-visions contained in section 402(d) shall apply tothis section.

‘‘(f) DEFINITIONS.—In this section, the follow-ing definitions apply:

‘‘(1) CHILD SAFETY SEAT.—The term ‘childsafety seat’ means any device (except safetybelts) designed for use in a motor vehicle to re-strain, seat, or position a child who weighs 50pounds or less.

‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi-cle’ means a vehicle driven or drawn by me-chanical power and manufactured primarily foruse on public streets, roads, and highways, butdoes not include a vehicle operated only on arail line.

‘‘(3) MULTIPURPOSE PASSENGER VEHICLE.—Theterm ‘multipurpose passenger vehicle’ means amotor vehicle with motive power (except a trail-er), designed to carry not more than 10 individ-uals, that is constructed either on a truck chas-sis or with special features for occasional off-road operation.

‘‘(4) PASSENGER CAR.—The term ‘passengercar’ means a motor vehicle with motive power(except a multipurpose passenger vehicle, motor-cycle, or trailer) designed to carry not morethan 10 individuals.

‘‘(5) PASSENGER MOTOR VEHICLE.—The term‘passenger motor vehicle’ means a passenger caror a multipurpose passenger motor vehicle.

‘‘(6) SAFETY BELT.—The term ‘safety belt’means—

‘‘(A) with respect to open-body passenger ve-hicles, including convertibles, an occupant re-straint system consisting of a lap belt or a lapbelt and a detachable shoulder belt; and

‘‘(B) with respect to other passenger vehicles,an occupant restraint system consisting of inte-grated lap and shoulder belts.’’.

(2) CONFORMING AMENDMENT.—The analysisfor such chapter is amended by inserting afterthe item relating to section 404 the following:

‘‘405. Occupant protection incentive grants.’’.

(b) CHILD PASSENGER PROTECTION EDUCATIONGRANTS.—

(1) IN GENERAL.—The Secretary may make agrant to a State that submits an application, insuch form and manner as the Secretary mayprescribe, that is approved by the Secretary tocarry out the activities specified in paragraph(2) through—

(A) the child passenger protection program ofthe State; and

(B) at the option of the State, a grant programestablished by the State to carry out 1 or moreof the activities specified in paragraph (2) by apolitical subdivision of the State or an appro-priate private entity.

(2) USE OF FUNDS.—Funds provided to a Stateas a grant under this subsection shall be used toimplement child passenger protection programsthat—

(A) are designed to prevent deaths and inju-ries to children;

(B) educate the public concerning—(i) all aspects of the proper installation of

child restraints using standard seatbelt hard-ware, supplemental hardware, and modificationdevices (if needed), including special installa-tion techniques;

(ii) appropriate child restraint design, selec-tion, and placement; and

(iii) harness threading and harness adjust-ment on child restraints; and

(C) train and retrain child passenger safetyprofessionals, police officers, fire and emergencymedical personnel, and other educators concern-ing all aspects of child restraint use.

(3) GRANT AWARDS.—The Secretary may makea grant under this subsection without regard towhether a State is eligible to receive, or has re-ceived, a grant under section 405 of title 23,United States Code (as inserted by subsection(a) of this section).

(4) FEDERAL SHARE.—The Federal share of thecost of a program carried out using funds madeavailable from a grant under this subsectionmay not exceed 80 percent.

(5) REPORT.—Each State that receives a grantunder this subsection shall transmit to the Sec-retary a report for the period covered by thegrant that, at a minimum, describes the programactivities carried out with the funds made avail-able under the grant.

(6) REPORT TO CONGRESS.—Not later thanJune 1, 2002, the Secretary shall transmit toCongress a report on the implementation of thissubsection that includes a description of theprograms carried out and materials developedand distributed by the States that receive grantsunder this subsection.

(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carryout this subsection $7,500,000 for each of fiscalyears 2000 and 2001.SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUN-

TERMEASURES.(a) IN GENERAL.—Section 410 of title 23,

United States Code, is amended to read as fol-lows:‘‘§ 410. Alcohol-impaired driving counter-

measures‘‘(a) GENERAL AUTHORITY.—‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to

the requirements of this section, the Secretaryshall make grants to States that adopt and im-plement effective programs to reduce trafficsafety problems resulting from individuals driv-ing while under the influence of alcohol. Suchgrants may only be used by recipient States toimplement and enforce such programs.

‘‘(2) MAINTENANCE OF EFFORT.—No grant maybe made to a State under this section in any fis-cal year unless the State enters into such agree-ments with the Secretary as the Secretary mayrequire to ensure that the State will maintain itsaggregate expenditures from all other sourcesfor alcohol traffic safety programs at or abovethe average level of such expenditures in its 2fiscal years preceding the date of enactment ofthe Transportation Equity Act for the 21st Cen-tury.

‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY.—NoState may receive grants under this section inmore than 6 fiscal years beginning after Septem-ber 30, 1997.

‘‘(4) FEDERAL SHARE.—The Federal share ofthe cost of implementing and enforcing in a fis-cal year a program adopted by a State pursuantto paragraph (1) shall not exceed—

CONGRESSIONAL RECORD — HOUSE H3851May 22, 1998‘‘(A) in each of the first and second fiscal

years in which the State receives a grant underthis section, 75 percent;

‘‘(B) in each of the third and fourth fiscalyears in which the State receives a grant underthis section, 50 percent; and

‘‘(C) in each of the fifth and sixth fiscal yearsin which the State receives a grant under thissection, 25 percent.

‘‘(b) BASIC GRANT ELIGIBILITY.—‘‘(1) BASIC GRANT A.—A State shall become eli-

gible for a grant under this paragraph by adopt-ing or demonstrating to the satisfaction of theSecretary at least 5 of the following:

‘‘(A) ADMINISTRATIVE LICENSE REVOCATION.—An administrative driver’s license suspension orrevocation system for individuals who operatemotor vehicles while under the influence of alco-hol that requires that—

‘‘(i) in the case of an individual who, in any5-year period beginning after the date of enact-ment of the Transportation Equity Act for the21st Century, is determined on the basis of achemical test to have been operating a motor ve-hicle while under the influence of alcohol or isdetermined to have refused to submit to such atest as proposed by a law enforcement officer,the State agency responsible for administeringdrivers’ licenses, upon receipt of the report ofthe law enforcement officer—

‘‘(I) shall suspend the driver’s license of suchindividual for a period of not less than 90 daysif such individual is a first offender in such 5-year period; and

‘‘(II) shall suspend the driver’s license of suchindividual for a period of not less than 1 year,or revoke such license, if such individual is a re-peat offender in such 5-year period; and

‘‘(ii) the suspension and revocation referred tounder clause (i) shall take effect not later than30 days after the day on which the individualrefused to submit to a chemical test or receivednotice of having been determined to be drivingunder the influence of alcohol, in accordancewith the procedures of the State.

‘‘(B) UNDERAGE DRINKING PROGRAM.—An ef-fective system, as determined by the Secretary,for preventing operators of motor vehicles underage 21 from obtaining alcoholic beverages andfor preventing persons from making alcoholicbeverages available to individuals under age 21.Such system may include the issuance of driv-ers’ licenses to individuals under age 21 that areeasily distinguishable in appearance from driv-ers’ licenses issued to individuals age 21 or olderand the issuance of drivers’ licenses that aretamper resistant.

‘‘(C) ENFORCEMENT PROGRAM.—Either—‘‘(i) a statewide program for stopping motor

vehicles on a nondiscriminatory, lawful basisfor the purpose of determining whether the op-erators of such motor vehicles are driving whileunder the influence of alcohol; or

‘‘(ii) a statewide special traffic enforcementprogram for impaired driving that emphasizespublicity for the program.

‘‘(D) GRADUATED LICENSING SYSTEM.—A 3-stage graduated licensing system for young driv-ers that includes nighttime driving restrictionsduring the first 2 stages, requires all vehicle oc-cupants to be properly restrained, and makes itunlawful for a person under age 21 to operate amotor vehicle with a blood alcohol concentra-tion of .02 percent or greater.

‘‘(E) DRIVERS WITH HIGH BAC.—Programs totarget individuals with high blood alcohol con-centrations who operate a motor vehicle. Suchprograms may include implementation of a sys-tem of graduated penalties and assessment of in-dividuals convicted of driving under the influ-ence of alcohol.

‘‘(F) YOUNG ADULT DRINKING PROGRAMS.—Programs to reduce driving while under the in-fluence of alcohol by individuals age 21 through34. Such programs may include awareness cam-paigns; traffic safety partnerships with employ-ers, colleges, and the hospitality industry; as-sessments of first time offenders; and incorpora-tion of treatment into judicial sentencing.

‘‘(G) TESTING FOR BAC.—An effective systemfor increasing the rate of testing of the blood al-cohol concentrations of motor vehicle drivers in-volved in fatal accidents and, in fiscal year 2001and each fiscal year thereafter, a rate of suchtesting that is equal to or greater than the na-tional average.

‘‘(2) BASIC GRANT B.—A State shall become eli-gible for a grant under this paragraph by adopt-ing or demonstrating to the satisfaction of theSecretary each of the following:

‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE RE-DUCTION.—The percentage of fatally injureddrivers with 0.10 percent or greater blood alco-hol concentration in the State has decreased ineach of the 3 most recent calendar years forwhich statistics for determining such percent-ages are available.

‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGECOMPARISON.—The percentage of fatally injureddrivers with 0.10 percent or greater blood alco-hol concentration in the State has been lowerthan the average percentage for all States ineach of the calendar years referred to in sub-paragraph (A).

‘‘(3) BASIC GRANT AMOUNT.—The amount of abasic grant made to a State for a fiscal yearunder this subsection shall equal up to 25 per-cent of the amount apportioned to the State forfiscal year 1997 under section 402.

‘‘(c) SUPPLEMENTAL GRANTS.—‘‘(1) IN GENERAL.—Upon receiving an applica-

tion from a State, the Secretary may make sup-plemental grants to the State for meeting 1 ormore of the following criteria:

‘‘(A) VIDEO EQUIPMENT FOR DETECTION OFDRUNK DRIVERS.—The State provides for a pro-gram to acquire video equipment to be used indetecting persons who operate motor vehicleswhile under the influence of alcohol and inprosecuting those persons, and to train person-nel in the use of that equipment.

‘‘(B) SELF-SUSTAINING DRUNK DRIVING PREVEN-TION PROGRAM.—The State provides for a self-sustaining drunk driving prevention programunder which a significant portion of the fines orsurcharges collected from individuals appre-hended and fined for operating a motor vehiclewhile under the influence of alcohol are re-turned to those communities which have com-prehensive programs for the prevention of suchoperations of motor vehicles.

‘‘(C) REDUCING DRIVING WITH A SUSPENDED LI-CENSE.—The State enacts and enforces a law toreduce driving with a suspended license. Suchlaw, as determined by the Secretary, may re-quire a ‘zebra’ stripe that is clearly visible onthe license plate of any motor vehicle ownedand operated by a driver with a suspended li-cense.

‘‘(D) USE OF PASSIVE ALCOHOL SENSORS.—TheState provides for a program to acquire passivealcohol sensors to be used by police officers indetecting persons who operate motor vehicleswhile under the influence of alcohol, and totrain police officers in the use of that equip-ment.

‘‘(E) EFFECTIVE DWI TRACKING SYSTEM.—TheState demonstrates an effective driving while in-toxicated (DWI) tracking system. Such a system,as determined by the Secretary, may includedata covering arrests, case prosecutions, courtdispositions and sanctions, and provide for thelinkage of such data and traffic records systemsto appropriate jurisdictions and offices withinthe State.

‘‘(F) OTHER PROGRAMS.—The State providesfor other innovative programs to reduce trafficsafety problems resulting from individuals driv-ing while under the influence of alcohol or con-trolled substances, including programs that seekto achieve such a reduction through legal, judi-cial, enforcement, educational, technological, orother approaches.

‘‘(2) ELIGIBILITY.—A State shall be eligible toreceive a grant under this subsection in a fiscalyear only if the State is eligible to receive agrant under subsection (b) in such fiscal year.

‘‘(3) FUNDING.—Of the amounts made avail-able to carry out this section in a fiscal year,not to exceed 10 percent shall be available formaking grants under this subsection.

‘‘(d) ADMINISTRATIVE EXPENSES.—Funds au-thorized to be appropriated to carry out this sec-tion in a fiscal year shall be subject to a deduc-tion not to exceed 5 percent for the necessarycosts of administering the provisions of this sec-tion.

‘‘(e) APPLICABILITY OF CHAPTER 1.—The pro-visions contained in section 402(d) shall apply tothis section.

‘‘(f) DEFINITIONS.—In this section, the follow-ing definitions apply:

‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alco-holic beverage’ has the meaning given such termin section 158(c).

‘‘(2) CONTROLLED SUBSTANCES.—The term‘controlled substances’ has the meaning givensuch term in section 102(6) of the ControlledSubstances Act (21 U.S.C. 802(6)).

‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi-cle’ has the meaning given such term in section405.’’.

(b) EFFECTIVE DATE.—The amendment madeby subsection (a) shall take effect on October 1,1998.SEC. 2005. STATE HIGHWAY SAFETY DATA IM-

PROVEMENTS.(a) IN GENERAL.—Chapter 4 of title 23, United

States Code, is further amended by adding atthe end the following:‘‘§ 411. State highway safety data improve-

ments‘‘(a) GENERAL AUTHORITY.—‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to

the requirements of this section, the Secretaryshall make grants to States that adopt and im-plement effective programs—

‘‘(A) to improve the timeliness, accuracy, com-pleteness, uniformity, and accessibility of thedata of the State that is needed to identify pri-orities for national, State, and local highwayand traffic safety programs;

‘‘(B) to evaluate the effectiveness of efforts tomake such improvements;

‘‘(C) to link these State data systems, includ-ing traffic records, with other data systemswithin the State, such as systems that containmedical and economic data; and

‘‘(D) to improve the compatibility of the datasystem of the State with national data systemsand data systems of other States and to enhancethe ability of the Secretary to observe and ana-lyze national trends in crash occurrences, rates,outcomes, and circumstances.Such grants may be used by recipient Statesonly to implement such programs.

‘‘(2) MODEL DATA ELEMENTS.—The Secretary,in consultation with States and other appro-priate parties, shall determine the model dataelements necessary to observe and analyze na-tional trends in crash occurrences, rates, out-comes, and circumstances. In order to become el-igible for a grant under this section, a Stateshall demonstrate how the multiyear highwaysafety data and traffic records plan of the Statedescribed in subsection (b)(1) will be incor-porated into data systems of the State.

‘‘(3) MAINTENANCE OF EFFORT.—No grant maybe made to a State under this section in any fis-cal year unless the State enters into such agree-ments with the Secretary as the Secretary mayrequire to ensure that the State will maintain itsaggregate expenditures from all other sourcesfor highway safety data programs at or abovethe average level of such expenditures in its 2fiscal years preceding the date of enactment ofthe Transportation Equity Act for the 21st Cen-tury.

‘‘(4) MAXIMUM PERIOD OF ELIGIBILITY.—NoState may receive grants under this section inmore than 6 fiscal years beginning after Septem-ber 30, 1997.

‘‘(5) FEDERAL SHARE.—The Federal share ofthe cost of implementing and enforcing, as ap-propriate, in a fiscal year a program adopted by

CONGRESSIONAL RECORD — HOUSEH3852 May 22, 1998a State pursuant to paragraph (1) shall not ex-ceed—

‘‘(A) in the first and second fiscal years inwhich the State receives a grant under this sec-tion, 75 percent;

‘‘(B) in the third and fourth fiscal years inwhich the State receives a grant under this sec-tion, 50 percent; and

‘‘(C) in the fifth and sixth fiscal years inwhich the State receives a grant under this sec-tion, 25 percent.

‘‘(b) FIRST-YEAR GRANTS.—‘‘(1) ELIGIBILITY.—A State shall become eligi-

ble for a first-year grant under this subsectionin a fiscal year if the State either—

‘‘(A) demonstrates, to the satisfaction of theSecretary, that the State has—

‘‘(i) established a highway safety data andtraffic records coordinating committee with amultidisciplinary membership, including the ad-ministrators, collectors, and users of such data(including the public health, injury control, andmotor carrier communities);

‘‘(ii) completed, within the preceding 5 years,a highway safety data and traffic records as-sessment or an audit of the highway safety dataand traffic records system of the State; and

‘‘(iii) initiated the development of a multiyearhighway safety data and traffic records strate-gic plan that—

‘‘(I) identifies and prioritizes the highwaysafety data and traffic records needs and goalsof the State;

‘‘(II) identifies performance-based measuresby which progress toward those goals will be de-termined; and

‘‘(III) will be submitted to the highway safetydata and traffic records coordinating committeeof the State for approval; or

‘‘(B) provides, to the satisfaction of the Sec-retary—

‘‘(i) a certification that the State has met therequirements of clauses (i) and (ii) of subpara-graph (A);

‘‘(ii) a multiyear highway safety data andtraffic records strategic plan that—

‘‘(I) meets the requirements of subparagraph(A)(iii); and

‘‘(II) specifies how the incentive funds of theState for the fiscal year will be used to addressneeds and goals identified in the plan; and

‘‘(iii) a certification that the highway safetydata and traffic records coordinating committeeof the State continues to operate and supportsthe multiyear plan described in clause (ii).

‘‘(2) GRANT AMOUNTS.—The amount of a first-year grant made to a State for a fiscal yearunder this subsection shall equal—

‘‘(A) if the State is eligible for the grant underparagraph (1)(A), $125,000; and

‘‘(B) if the State is eligible for the grant underparagraph (1)(B), an amount determined bymultiplying—

‘‘(i) the amount appropriated to carry out thissection for such fiscal year; by

‘‘(ii) the ratio that the funds apportioned tothe State under section 402 for fiscal year 1997bears to the funds apportioned to all Statesunder section 402 for fiscal year 1997;except that no State eligible for a grant underparagraph (1)(B) shall receive less than$250,000.

‘‘(3) STATES NOT MEETING CRITERIA.—The Sec-retary may award a grant of up to $25,000 for 1year to any State that does not meet the criteriaestablished in paragraph (1). The grant mayonly be used to conduct activities needed to en-able the State to qualify for a first-year grant inthe next fiscal year.

‘‘(c) SUCCEEDING YEAR GRANTS.—‘‘(1) ELIGIBILITY.—A State shall be eligible for

a grant under this subsection in a fiscal yearsucceeding the first fiscal year in which theState receives a grant under subsection (b) if theState, to the satisfaction of the Secretary—

‘‘(A) submits or updates a multiyear highwaysafety data and traffic records strategic planthat meets the requirements of subsection (b)(1);

‘‘(B) certifies that the highway safety dataand traffic records coordinating committee ofthe State continues to operate and supports themultiyear plan; and

‘‘(C) reports annually on the progress of theState in implementing the multiyear plan.

‘‘(2) GRANT AMOUNTS.—The amount of a suc-ceeding year grant made to the State for a fiscalyear under this paragraph shall equal theamount determined by multiplying—

‘‘(A) the amount appropriated to carry outthis section for such fiscal year; by

‘‘(B) the ratio that the funds apportioned tothe State under section 402 for fiscal year 1997bears to the funds apportioned to all Statesunder section 402 for fiscal year 1997;except that no State eligible for a grant underthis paragraph shall receive less than $225,000.

‘‘(c) ADMINISTRATIVE EXPENSES.—Funds au-thorized to be appropriated to carry out this sec-tion in a fiscal year shall be subject to a deduc-tion not to exceed 5 percent for the necessarycosts of administering the provisions of this sec-tion.

‘‘(d) APPLICABILITY OF CHAPTER 1.—The pro-visions contained in section 402(d) shall apply tothis section.’’.

(b) CONFORMING AMENDMENT.—The analysisfor such chapter is amended by adding at theend the following:

‘‘411. State highway safety data improve-ments.’’.

SEC. 2006. NATIONAL DRIVER REGISTER.(a) TRANSFER OF SELECTED FUNCTIONS TO

NON-FEDERAL MANAGEMENT.—Section 30302 oftitle 49, United States Code, is amended by add-ing at the end the following:

‘‘(e) TRANSFER OF SELECTED FUNCTIONS TONON-FEDERAL MANAGEMENT.—

‘‘(1) AGREEMENT.—The Secretary may enterinto an agreement with an organization thatrepresents the interests of the States to manage,administer, and operate the National DriverRegister’s computer timeshare and user assist-ance functions. If the Secretary decides to enterinto such an agreement, the Secretary shall en-sure that the management of these functions iscompatible with this chapter and the regula-tions issued to implement this chapter.

‘‘(2) REQUIRED DEMONSTRATION.—Any trans-fer of the National Driver Register’s computertimeshare and user assistance functions to anorganization that represents the interests of theStates shall begin only after a determination ismade by the Secretary that all States are par-ticipating in the National Driver Register’s‘Problem Driver Pointer System’ (the systemused by the Register to effect the exchange ofmotor vehicle driving records) and that the sys-tem is functioning properly.

‘‘(3) TRANSITION PERIOD.—Any agreement en-tered into under this subsection shall include aprovision for a transition period sufficient toallow the States to make the budgetary and leg-islative changes the States may need to pay feescharged by the organization representing theirinterests for their use of the National DriverRegister’s computer timeshare and user assist-ance functions. During this transition period,the Secretary shall continue to fund these trans-ferred functions.

‘‘(4) FEES.—The total of the fees charged bythe organization representing the interests ofthe States in any fiscal year for the use of theNational Driver Register’s computer timeshareand user assistance functions shall not exceedthe total cost to the organization of performingthese functions in such fiscal year.

‘‘(5) LIMITATION ON STATUTORY CONSTRUC-TION.—Nothing in this subsection may be con-strued to diminish, limit, or otherwise affect theauthority of the Secretary to carry out thischapter.’’.

(b) ACCESS TO REGISTER INFORMATION.—(1) CONFORMING AMENDMENTS.—Section

30305(b) of title 49, United States Code, isamended—

(A) in paragraph (2) by inserting before theperiod at the end the following: ‘‘, unless the in-formation is about a revocation or suspensionstill in effect on the date of the request’’;

(B) in paragraph (8), as redesignated by sec-tion 207(b) of the Coast Guard AuthorizationAct of 1996 (Public Law 104–324, 110 Stat.3908)—

(i) by striking ‘‘paragraph (2)’’ and inserting‘‘subsection (a) of this section’’; and

(ii) by moving the text of such paragraph 2ems to the left; and

(C) by redesignating paragraph (8), as redes-ignated by section 502(b)(1) of the Federal Avia-tion Reauthorization Act of 1996 (Public Law104–264, 110 Stat. 3262), as paragraph (9).

(2) FEDERAL AGENCY ACCESS PROVISION.—Sec-tion 30305(b) of title 49, United States Code, isfurther amended—

(A) by redesignating paragraph (6) as para-graph (10) and inserting such paragraph afterparagraph (9);

(B) by inserting after paragraph (5) the fol-lowing:

‘‘(6) The head of a Federal department oragency that issues motor vehicle operator’s li-censes may request the chief driver licensing of-ficial of a State to obtain information undersubsection (a) of this section about an individ-ual applicant for a motor vehicle operator’s li-cense from such department or agency. The de-partment or agency may receive the informa-tion, provided it transmits to the Secretary a re-port regarding any individual who is denied amotor vehicle operator’s license by that depart-ment or agency for cause; whose motor vehicleoperator’s license is revoked, suspended, or can-celed by that department or agency for cause; orabout whom the department or agency has beennotified of a conviction of any of the motor ve-hicle-related offenses or comparable offenseslisted in section 30304(a)(3) and over whom thedepartment or agency has licensing authority.The report shall contain the information speci-fied in section 30304(b).’’; and

(C) by adding at the end the following:‘‘(11) The head of a Federal department or

agency authorized to receive information re-garding an individual from the Register underthis section may request and receive such infor-mation from the Secretary.’’.

(c) EVALUATION AND ASSESSMENT OF ALTER-NATIVES.—

(1) EVALUATION.—The Secretary shall evalu-ate the implementation of chapter 303 of title 49,United States Code, and the programs undersections 31106 and 31309 of such title and iden-tify alternatives to improve the ability of theStates to exchange information about unsafedrivers and to identify drivers with multiple li-censes.

(2) TECHNOLOGY ASSESSMENT.—The Secretary,in conjunction with the American Association ofMotor Vehicle Administrators, shall conduct anassessment of available electronic technologiesto improve access to and exchange of motor ve-hicle driving records. The assessment may con-sider alternative unique motor vehicle driveridentifiers that would facilitate accurate match-ing of drivers and their records.

(3) REPORT TO CONGRESS.—Not later than 2years after the date of enactment of this Act,the Secretary shall transmit to Congress a reporton the results of the evaluation and technologyassessment, together with any recommendationsfor appropriate administrative and legislativeactions.

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carryout paragraph (2) $250,000 in the aggregate forfiscal years beginning after September 30, 1998.SEC. 2007. SAFETY STUDIES.

(a) BLOWOUT RESISTANT TIRES STUDY.—TheSecretary shall conduct a study on the benefitto public safety of the use of blowout resistanttires on commercial motor vehicles and the po-tential to decrease the incidence of accidents

CONGRESSIONAL RECORD — HOUSE H3853May 22, 1998and fatalities from accidents occurring as a re-sult of blown out tires.

(b) SCHOOL BUS OCCUPANT SAFETY STUDY.—The Secretary shall conduct a study to assessoccupant safety in school buses. The study shallexamine available information about occupantsafety and analyze options for improving occu-pant safety.

(c) REPORTS.—Not later than 2 years after thedate of enactment of this Act, the Secretaryshall transmit to Congress a report on the re-sults of each study conducted under this sec-tion.

(d) LIMITATION ON FUNDING.—The Secretarymay not expend more than $200,000, from fundsmade available by section 403 of title 23, UnitedStates Code, for conducting each study underthis section.SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISH-

ING MAXIMUM BLOOD ALCOHOLCONCENTRATIONS.

(a) STUDY.—The Comptroller General shallconduct a study to evaluate the effectiveness ofState laws that—

(1) deem any individual with a blood alcoholconcentration of 0.08 percent or greater whileoperating a motor vehicle to be driving while in-toxicated; and

(2) deem any individual under the age of 21with a blood alcohol concentration of 0.02 per-cent or greater while operating a motor vehicleto be driving while intoxicated;in reducing the number and severity of alcohol-involved crashes.

(b) REPORT.—Not later than 2 years after thedate of enactment of this Act, the ComptrollerGeneral shall transmit to the Committee onTransportation and Infrastructure of the Houseof Representatives and the Committee on Com-merce, Science, and Transportation of the Sen-ate a report containing the results of the studyconducted under this section.SEC. 2009. AUTHORIZATIONS OF APPROPRIA-

TIONS.

(a) IN GENERAL.—The following sums are au-thorized to be appropriated out of the HighwayTrust Fund (other than the Mass Transit Ac-count):

(1) HIGHWAY SAFETY PROGRAMS.—For carryingout section 402 of title 23, United States Code,$149,700,000 for fiscal year 1998, $150,000,000 forfiscal year 1999, $152,800,000 for fiscal year 2000,$155,000,000 for fiscal year 2001, $160,000,000 forfiscal year 2002, and $165,000,000 for fiscal year2003.

(2) HIGHWAY SAFETY RESEARCH AND DEVELOP-MENT.—For carrying out section 403 of title 23,United States Code, $72,000,000 for each of fiscalyears 1998 through 2003.

(3) OCCUPANT PROTECTION INCENTIVE

GRANTS.—For carrying out section 405 of title 23,United States Code, $10,000,000 for each of fiscalyears 1999 and 2000, $13,000,000 for fiscal year2001, $15,000,000 for fiscal year 2002, and$20,000,000 for fiscal year 2003.

(4) ALCOHOL-IMPAIRED DRIVING COUNTER-MEASURES INCENTIVE GRANT PROGRAM.—For car-rying out section 410 of title 23, United StatesCode, $34,500,000 for fiscal year 1998, $35,000,000for fiscal year 1999, $36,000,000 for each of fiscalyears 2000 and 2001, $38,000,000 for fiscal year2002, and $40,000,000 for fiscal year 2003.

(5) STATE HIGHWAY SAFETY DATA GRANTS.—Forcarrying out section 411 of title 23, United StatesCode, $5,000,000 for fiscal year 1999, $8,000,000for fiscal year 2000, $9,000,000 for fiscal year2001, and $10,000,000 for fiscal year 2002.

(6) NATIONAL DRIVER REGISTER.—For carryingout chapter 303 of title 49, United States Code,

by the National Highway Traffic Safety Admin-istration, $2,000,000 for each of fiscal years 1998through 2003.

(b) ALLOCATIONS.—(1) DRUGS AND DRIVER BEHAVIOR.—Out of

amounts appropriated pursuant to subsection(a)(2) for fiscal years 1998 through 2003, the Sec-retary may use—

(A) not to exceed $2,000,000 per fiscal year tocarry out paragraphs (1) through (3) of section403(b) of title 23, United States Code; and

(B) not to exceed $1,000,000 per fiscal year tocarry out paragraph (4) of such section.

(2) PUBLIC EDUCATION EFFORT.—Out ofamounts appropriated pursuant to subsection(a)(2) for fiscal years 1998 through 2003, the Sec-retary shall obligate at least $500,000 per fiscalyear to educate the motoring public on how toshare the road safely with commercial motor ve-hicles.

(c) APPLICABILITY OF TITLE 23.—Amountsmade available under subsection (a)(2) for eachof fiscal years 1999 through 2003 shall be avail-able for obligation in the same manner as ifsuch funds were apportioned under chapter 1 oftitle 23, United States Code.

(d) TRANSFERS.—In each fiscal year, the Sec-retary may transfer any amounts remainingavailable under paragraph (3), (4), or (5) of sub-section (a) to the amounts made available underany other of such paragraphs in order to en-sure, to the maximum extent possible, that eachState receives the maximum incentive fundingfor which the State is eligible under sections 405,410, and 411 of title 23, United States Code.

TITLE III—FEDERAL TRANSITADMINISTRATION PROGRAMS

SEC. 3001. SHORT TITLE.This title may be cited as the ‘‘Federal Transit

Act of 1998’’.SEC. 3002. AMENDMENTS TO TITLE 49, UNITED

STATES CODE.Except as otherwise specifically provided,

whenever in this title an amendment or repeal isexpressed in terms of an amendment to, or re-peal of, a section or other provision of law, thereference shall be considered to be made to asection or other provision of title 49, UnitedStates Code.SEC. 3003. DEFINITIONS.

Section 5302 is amended to read as follows:

‘‘§ 5302. Definitions‘‘(a) IN GENERAL.—In this chapter, the follow-

ing definitions apply:‘‘(1) CAPITAL PROJECT.—The term ‘capital

project’ means a project for—‘‘(A) acquiring, constructing, supervising, or

inspecting equipment or a facility for use inmass transportation, expenses incidental to theacquisition or construction (including designing,engineering, location surveying, mapping, andacquiring rights-of-way), payments for the cap-ital portions of rail trackage rights agreements,transit-related intelligent transportation sys-tems, relocation assistance, acquiring replace-ment housing sites, and acquiring, constructing,relocating, and rehabilitating replacement hous-ing;

‘‘(B) rehabilitating a bus;‘‘(C) remanufacturing a bus;‘‘(D) overhauling rail rolling stock;‘‘(E) preventive maintenance;‘‘(F) leasing equipment or a facility for use in

mass transportation, subject to regulations thatthe Secretary prescribes limiting the leasing ar-rangements to those that are more cost-effectivethan purchase or construction;

‘‘(G) a mass transportation improvement thatenhances economic development or incorporates

private investment, including commercial andresidential development, pedestrian and bicycleaccess to a mass transportation facility, and therenovation and improvement of historic trans-portation facilities, because the improvement en-hances the effectiveness of a mass transpor-tation project and is related physically or func-tionally to that mass transportation project, orestablishes new or enhanced coordination be-tween mass transportation and other transpor-tation, and provides a fair share of revenue formass transportation that will be used for masstransportation—

‘‘(i) including property acquisition, demolitionof existing structures, site preparation, utilities,building foundations, walkways, open space,safety and security equipment and facilities (in-cluding lighting, surveillance and related intel-ligent transportation system applications), fa-cilities that incorporate community services suchas daycare and health care, and a capitalproject for, and improving, equipment or a facil-ity for an intermodal transfer facility or trans-portation mall, except that a person making anagreement to occupy space in a facility underthis subparagraph shall pay a reasonable shareof the costs of the facility through rental pay-ments and other means; and

‘‘(ii) excluding construction of a commercialrevenue-producing facility or a part of a publicfacility not related to mass transportation;

‘‘(H) the introduction of new technology,through innovative and improved products, intomass transportation; or

‘‘(I) the provision of nonfixed route para-transit transportation services in accordancewith section 223 of the Americans with Disabil-ities Act of 1990 (42 U.S.C. 12143), but only forgrant recipients that are in compliance with ap-plicable requirements of that Act, including bothfixed route and demand responsive service, andonly for amounts not to exceed 10 percent ofsuch recipient’s annual formula apportionmentunder sections 5307 and 5311.

‘‘(2) CHIEF EXECUTIVE OFFICER OF A STATE.—The term ‘chief executive officer of a State’ in-cludes the designee of the chief executive officer.

‘‘(3) EMERGENCY REGULATION.—The term‘emergency regulation’ means a regulation—

‘‘(A) that is effective temporarily before theexpiration of the otherwise specified periods oftime for public notice and comment under sec-tion 5334(b); and

‘‘(B) prescribed by the Secretary as the resultof a finding that a delay in the effective date ofthe regulation—

‘‘(i) would injure seriously an important pub-lic interest;

‘‘(ii) would frustrate substantially legislativepolicy and intent; or

‘‘(iii) would damage seriously a person orclass without serving an important public inter-est.

‘‘(4) FIXED GUIDEWAY.—The term ‘fixed guide-way’ means a mass transportation facility—

‘‘(A) using and occupying a separate right-of-way or rail for the exclusive use of mass trans-portation and other high occupancy vehicles; or

‘‘(B) using a fixed catenary system and aright-of-way usable by other forms of transpor-tation.

‘‘(5) HANDICAPPED INDIVIDUAL.—The term‘handicapped individual’ means an individualwho, because of illness, injury, age, congenitalmalfunction, or other incapacity or temporaryor permanent disability (including an individualwho is a wheelchair user or has semiambulatory

CONGRESSIONAL RECORD — HOUSEH3854 May 22, 1998capability), cannot use effectively, without spe-cial facilities, planning, or design, mass trans-portation service or a mass transportation facil-ity.

‘‘(6) LOCAL GOVERNMENTAL AUTHORITY.—Theterm ‘local governmental authority’ includes—

‘‘(A) a political subdivision of a State;‘‘(B) an authority of at least 1 State or politi-

cal subdivision of a State;‘‘(C) an Indian tribe; and‘‘(D) a public corporation, board, or commis-

sion established under the laws of a State.‘‘(7) MASS TRANSPORTATION.—The term ‘mass

transportation’ means transportation by a con-veyance that provides regular and continuinggeneral or special transportation to the public,but does not include school bus, charter, orsightseeing transportation.

‘‘(8) NET PROJECT COST.—The term ‘net projectcost’ means the part of a project that reasonablycannot be financed from revenues.

‘‘(9) NEW BUS MODEL.—The term ‘new busmodel’ means a bus model (including a modelusing alternative fuel)—

‘‘(A) that has not been used in mass transpor-tation in the United States before the date ofproduction of the model; or

‘‘(B) used in mass transportation in theUnited States, but being produced with a majorchange in configuration or components.

‘‘(10) PUBLIC TRANSPORTATION.—The term‘public transportation’ means mass transpor-tation.

‘‘(11) REGULATION.—The term ‘regulation’means any part of a statement of general or par-ticular applicability of the Secretary designed tocarry out, interpret, or prescribe law or policy incarrying out this chapter.

‘‘(12) SECRETARY.—The term ‘Secretary’ meansthe Secretary of Transportation.

‘‘(13) STATE.—The term ‘State’ means a Stateof the United States, the District of Columbia,Puerto Rico, the Northern Mariana Islands,Guam, American Samoa, and the Virgin Islands.

‘‘(14) TRANSIT.—The term ‘transit’ means masstransportation.

‘‘(15) TRANSIT ENHANCEMENT.—The term ‘tran-sit enhancement’ means, with respect to anyproject or an area to be served by a project,projects that are designed to enhance masstransportation service or use and that are phys-ically or functionally related to transit facilities.Eligible projects are—

‘‘(A) historic preservation, rehabilitation, andoperation of historic mass transportation build-ings, structures, and facilities (including his-toric bus and railroad facilities);

‘‘(B) bus shelters;‘‘(C) landscaping and other scenic beautifi-

cation, including tables, benches, trash recep-tacles, and street lights;

‘‘(D) public art;‘‘(E) pedestrian access and walkways;‘‘(F) bicycle access, including bicycle storage

facilities and installing equipment for transport-ing bicycles on mass transportation vehicles;

‘‘(G) transit connections to parks within therecipient’s transit service area;

‘‘(H) signage; and‘‘(I) enhanced access for persons with disabil-

ities to mass transportation.‘‘(16) URBAN AREA.—The term ‘urban area’

means an area that includes a municipality orother built-up place that the Secretary, afterconsidering local patterns and trends of urbangrowth, decides is appropriate for a local masstransportation system to serve individuals in thelocality.

‘‘(17) URBANIZED AREA.—The term ‘urbanizedarea’ means an area—

‘‘(A) encompassing at least an urbanized areawithin a State that the Secretary of Commercedesignates; and

‘‘(B) designated as an urbanized area withinboundaries fixed by State and local officials andapproved by the Secretary.

‘‘(b) AUTHORITY TO MODIFY ‘HANDICAPPEDINDIVIDUAL’.—The Secretary may by regulation

modify the definition of the term ‘handicappedindividual’ in subsection (a)(5) as it applies tosection 5307(d)(1)(D).’’.SEC. 3004. METROPOLITAN PLANNING.

(a) GENERAL REQUIREMENTS; SCOPE OF PLAN-NING PROCESS.—Section 5303 is amended bystriking subsections (a) and (b) and insertingthe following:

‘‘(a) GENERAL REQUIREMENTS.—‘‘(1) DEVELOPMENT OF PLANS AND PRO-

GRAMS.—To carry out section 5301(a), metropoli-tan planning organizations designated undersubsection (c), in cooperation with the Statesand mass transportation operators, shall de-velop transportation plans and programs for ur-banized areas of the State.

‘‘(2) CONTENTS.—The plans and programs de-veloped under paragraph (1) for each metropoli-tan area shall provide for the development andintegrated management and operation of trans-portation systems and facilities (including pe-destrian walkways and bicycle transportationfacilities) that will function as an intermodaltransportation system for the metropolitan areaand as an integral part of an intermodal trans-portation system for the State and the UnitedStates.

‘‘(3) PROCESS.—The process for developing theplans and programs shall provide for consider-ation of all modes of transportation and shall becontinuing, cooperative, and comprehensive tothe degree appropriate, based on the complexityof the transportation problems to be addressed.

‘‘(b) SCOPE OF PLANNING PROCESS.—‘‘(1) IN GENERAL.—The metropolitan transpor-

tation planning process for a metropolitan areaunder this section shall provide for consider-ation of projects and strategies that will—

‘‘(A) support the economic vitality of the met-ropolitan area, especially by enabling globalcompetitiveness, productivity, and efficiency;

‘‘(B) increase the safety and security of thetransportation system for motorized and non-motorized users;

‘‘(C) increase the accessibility and mobilityoptions available to people and for freight;

‘‘(D) protect and enhance the environment,promote energy conservation, and improve qual-ity of life;

‘‘(E) enhance the integration and connectivityof the transportation system, across and be-tween modes, for people and freight;

‘‘(F) promote efficient system managementand operation; and

‘‘(G) emphasize the preservation of the exist-ing transportation system.

‘‘(2) FAILURE TO CONSIDER FACTORS.—Thefailure to consider any factor specified in para-graph (1) shall not be reviewable by any courtunder this title, subchapter II of chapter 5 oftitle 5, or chapter 7 of title 5 in any matter af-fecting a transportation plan, a transportationimprovement plan, a project or strategy, or thecertification of a planning process.’’.

(b) DESIGNATING METROPOLITAN PLANNINGORGANIZATIONS.—Section 5303(c) is amended—

(1) in paragraph (1)(A)—(A) by striking ‘‘representing’’ and inserting

‘‘that together represent’’; and(B) by striking ‘‘as defined by the Secretary of

Commerce)’’ and inserting ‘‘or cities, as definedby the Bureau of the Census)’’;

(2) in paragraph (2)—(A) by striking ‘‘In a metropolitan area’’ and

all that follows through ‘‘shall include’’ and in-serting ‘‘Each policy board of a metropolitanplanning organization that serves an area des-ignated as a transportation management areawhen designated or redesignated under this sub-section shall consist of’’; and

(B) by striking ‘‘officials of authorities’’ andinserting ‘‘officials of public agencies’’;

(3) in paragraph (3) by striking ‘‘in an urban-ized area’’ and all that follows through ‘‘of theurbanized area’’ and inserting ‘‘within an exist-ing metropolitan planning area only if the chiefexecutive officer of the State and the existing

metropolitan organization determine that thesize and complexity of the existing metropolitanplanning area’’; and

(4) in paragraph (5)—(A) in subparagraph (A)—(i) by striking ‘‘representing’’ and inserting

‘‘that together represent’’; and(ii) by striking ‘‘as defined by the Secretary of

Commerce)’’ and inserting ‘‘or cities, as definedby the Bureau of the Census)’’;

(B) in subparagraph (B) by striking ‘‘as de-fined by the Secretary of Commerce)’’ and in-serting ‘‘or cities, as defined by the Bureau ofthe Census)’’; and

(C) by adding at the end the following:‘‘(D) Designations of metropolitan planning

organizations, whether made under this sectionor under any other provision of law, shall re-main in effect until redesignation under thisparagraph.’’.

(c) METROPOLITAN AREA BOUNDARIES.—Sec-tion 5303(d) is amended—

(1) in the subsection heading by inserting‘‘PLANNING’’ before ‘‘AREA’’;

(2) in the first sentence—(A) by striking ‘‘To carry out’’ and inserting

the following:‘‘(1) IN GENERAL.—To carry out’’; and(B) by inserting ‘‘planning’’ before ‘‘area’’;(3) by striking the second sentence and all

that follows and inserting the following:‘‘(2) INCLUDED AREA.—Each metropolitan

planning area—‘‘(A) shall encompass at least the existing ur-

banized area and the contiguous area expectedto become urbanized within a 20-year forecastperiod; and

‘‘(B) may encompass the entire metropolitanstatistical area or consolidated metropolitan sta-tistical area, as defined by the Bureau of theCensus.

‘‘(3) EXISTING METROPOLITAN PLANNING AREASIN NONATTAINMENT.—Notwithstanding para-graph (2), in the case of an urbanized area des-ignated as a nonattainment area for ozone orcarbon monoxide under the Clean Air Act (42U.S.C. 7401 et seq.), the boundaries of the metro-politan planning area in existence as of the dateof enactment of this paragraph shall be re-tained, except that the boundaries may be ad-justed by agreement of the chief executive offi-cer of the State and any affected metropolitanplanning organizations, in the manner describedin subsection (c)(5).

‘‘(4) NEW METROPOLITAN PLANNING AREAS INNONATTAINMENT.—In the case of an urbanizedarea designated after the date of enactment ofthis paragraph as a nonattainment area forozone or carbon monoxide under the Clean AirAct, the boundaries of the metropolitan plan-ning area—

‘‘(A) shall be established in the manner de-scribed in subsection (c)(1);

‘‘(B) shall encompass the areas described inparagraph (2)(A);

‘‘(C) may encompass the areas described inparagraph (2)(B); and

‘‘(D) may address any nonattainment areaidentified under the Clean Air Act for ozone orcarbon monoxide.’’; and

(4) by aligning paragraph (1) (as designatedby paragraph (2)(A) of this subsection) withparagraphs (2) through (4) (as inserted by para-graph (3) of this subsection).

(d) COORDINATION.—Section 5303(e) is amend-ed—

(1) in paragraph (2)—(A) by inserting ‘‘or compact’’ after ‘‘agree-

ment’’ the first place it appears’’; and(B) by striking ‘‘making the agreement effec-

tive’’ and inserting ‘‘making the agreements andcompacts effective’’; and

(2) by adding at the end the following:‘‘(4) The Secretary shall encourage each met-

ropolitan planning organization to coordinate,to the maximum extent practicable, the designand delivery of transportation services withinthe metropolitan planning area that are pro-vided—

CONGRESSIONAL RECORD — HOUSE H3855May 22, 1998‘‘(A) by recipients of assistance under this

chapter; and‘‘(B) by governmental agencies and non-profit

organizations (including representatives of theagencies and organizations) that receive Gov-ernmental assistance from a source other thanthe Department of Transportation to providenon-emergency transportation services.’’.

(e) DEVELOPING LONG-RANGE TRANSPOR-TATION PLANS.—Section 5303(f) is amended—

(1) in paragraph (1)—(A) in subparagraph (A) by striking ‘‘United

States and regional transportation functions’’and inserting ‘‘national, regional, and metro-politan transportation functions’’;

(B) in subparagraph (B) by striking clause(iii) and inserting the following:

‘‘(iii) recommends any additional financingstrategies for needed projects and programs;’’;and

(C) by striking subparagraph (C) and insert-ing the following:

‘‘(C) identify transportation strategies nec-essary—

‘‘(i) to ensure preservation, including require-ments for management, operation, moderniza-tion, and rehabilitation, of the existing and fu-ture transportation system; and

‘‘(ii) to use existing transportation facilitiesmost efficiently to relieve congestion, to effi-ciently serve the mobility needs of people andgoods, and to enhance access within the metro-politan planning area; and’’;

(2) in paragraph (2) by striking ‘‘as they arerelated to a 20-year forecast period’’ and insert-ing ‘‘and any State or local goals developedwithin the cooperative metropolitan planningprocess as they relate to a 20-year forecast pe-riod and to other forecast periods as determinedby the participants in the planning process’’;

(3) in paragraph (4)—(A) by inserting after ‘‘employees,’’ the follow-

ing: ‘‘freight shippers, providers of freight trans-portation services,’’; and

(B) by inserting after ‘‘private providers oftransportation,’’ the following: ‘‘representativesof users of public transit,’’;

(4) in paragraph (5)(A) by inserting ‘‘pub-lished or otherwise’’ before ‘‘made readily avail-able’’;

(5) in the subsection heading by striking‘‘LONG-RANGE PLANS’’ and inserting ‘‘LONG-RANGE TRANSPORTATION PLANS’’; and

(6) by striking ‘‘long-range plans’’ each placeit appears and inserting ‘‘long-range transpor-tation plans’’.SEC. 3005. TRANSPORTATION IMPROVEMENT

PROGRAM.(a) DEVELOPMENT AND UPDATE.—The second

sentence of section 5304(a) is amended—(1) by striking ‘‘the organization’’ and insert-

ing ‘‘the metropolitan planning organization, incooperation with the chief executive officer ofthe State and any affected mass transportationoperator,’’;

(2) by inserting after ‘‘employees,’’ the follow-ing: ‘‘other affected employee representatives,freight shippers, providers of freight transpor-tation services,’’; and

(3) by inserting after ‘‘private providers oftransportation,’’ the following: ‘‘representativesof users of public transit,’’.

(b) CONTENTS.—Section 5304(b)(2) is amendedby striking subparagraph (C) and inserting thefollowing:

‘‘(C) identifies innovative financing tech-niques to finance projects, programs, and strate-gies, which may include, for illustrative pur-poses, additional projects that would be in-cluded in the approved transportation improve-ment program if reasonable additional resourcesbeyond those identified in the financial planwere available.’’.

(c) PROJECT SELECTION.—Section 5304(c) isamended—

(1) by striking paragraph (1) and inserting thefollowing: ‘‘(1) Except as otherwise provided insection 5305(d)(1) and in addition to the trans-

portation improvement program development re-quired under subsection (b), the selection of fed-erally funded projects for implementation inmetropolitan areas shall be carried out, from theapproved transportation improvement pro-gram—

‘‘(A) by—‘‘(i) in the case of projects under title 23, the

State; and‘‘(ii) in the case of projects under this chapter,

the designated transit funding recipients; and‘‘(B) in cooperation with the metropolitan

planning organization.’’; and(2) by adding at the end the following:‘‘(3) Notwithstanding any other provision of

law, action by the Secretary shall not be re-quired to advance a project included in the ap-proved transportation improvement program inplace of another project in the program.

‘‘(4) SELECTION OF PROJECTS FROM ILLUS-TRATIVE LIST.—Notwithstanding subsection(b)(2)(C), a State or metropolitan planning orga-nization shall not be required to select anyproject from the illustrative list of additionalprojects included in the financial plan undersubsection (b)(2)(C).

‘‘(5) PUBLICATION.—(A) A transportation im-provement program involving Government par-ticipation shall be published or otherwise madereadily available by the metropolitan planningorganization for public review.

‘‘(B) An annual listing of projects for whichGovernment funds have been obligated in thepreceding year shall be published or otherwisemade available by the metropolitan planning or-ganization for public review. The listing shall beconsistent with the categories identified in thetransportation improvement program.

‘‘(6) Regionally significant projects proposedfor funding under chapter 2 of title 23 shall beidentified individually in the transportation im-provement program. All other projects fundedunder chapter 2 of title 23 shall be grouped in 1line item or identified individually in the trans-portation improvement program.’’.SEC. 3006. TRANSPORTATION MANAGEMENT

AREAS.(a) DESIGNATION.—Section 5305(a) is amended

by striking paragraph (2) and inserting the fol-lowing:

‘‘(2) any other area, if requested by the chiefexecutive officer and the metropolitan planningorganization designated for the area.’’.

(b) TRANSPORTATION PLANS AND PROGRAMS.—Section 5305(b) is amended by inserting ‘‘af-fected’’ before ‘‘mass transportation operators’’.

(c) CONGESTION MANAGEMENT SYSTEM.—Sec-tion 5305(c) is amended by striking ‘‘The Sec-retary’’ and all that follows through the finalperiod.

(d) PROJECT SELECTION.—Section 5305(d)(1)(A)is amended by inserting ‘‘and any affected masstransportation operator’’ after ‘‘the State’’.

(e) CERTIFICATION.—Section 5305(e) is amend-ed—

(1) by striking paragraph (2) and inserting thefollowing:

‘‘(2)(A) If a metropolitan planning process isnot certified, the Secretary may withhold notmore than 20 percent of the apportioned fundsattributable to the transportation managementarea under this chapter and title 23.

‘‘(B) Any apportionments withheld under sub-paragraph (A) shall be restored to the metropoli-tan area at such time as the metropolitan plan-ning organization is certified by the Secretary.’’;and

(2) by adding at the end the following:‘‘(4) In making certification determinations

under this subsection, the Secretary shall pro-vide for public involvement appropriate to themetropolitan area under review.’’.

(f) CONTINUATION OF CURRENT REVIEW PRAC-TICE.—Section 5305 is amended by adding at theend the following:

‘‘(h) CONTINUATION OF CURRENT REVIEWPRACTICE.—Since plans and programs describedin this section are subject to a reasonable oppor-

tunity for public comment, since individualprojects included in the plans and programs aresubject to review under the National Environ-mental Policy Act of 1969 (42 U.S.C. 4321 etseq.), and since decisions by the Secretary con-cerning plans and programs described in thissection have not been reviewed under such Actas of January 1, 1997, any decision by the Sec-retary concerning a plan or program describedin this section shall not be considered to be aFederal action subject to review under the Na-tional Environmental Policy Act of 1969 (42U.S.C. 4321 et seq.).’’.SEC. 3007. URBANIZED AREA FORMULA GRANTS.

(a) SECTION HEADING.—(1) AMENDMENT TO SECTION 5307.—Section 5307

is amended by striking the section heading andinserting the following:‘‘§ 5307. Urbanized area formula grants’’.

(2) CONFORMING AMENDMENT.—The item relat-ing to section 5307 in the table of sections forchapter 53 is amended to read as follows:‘‘5307. Urbanized area formula grants.’’.

(b) DEFINITIONS.—Section 5307(a) is amend-ed—

(1) by striking ‘‘In this section—’’ and insert-ing ‘‘In this section, the following definitionsapply:’’;

(2) by inserting ‘‘ASSOCIATED CAPITAL MAINTE-NANCE ITEMS.—The term’’ after ‘‘(1)’’; and

(3) by inserting ‘‘DESIGNATED RECIPIENT.—Theterm’’ after ‘‘(2)’’.

(c) GENERAL AUTHORITY.—Section 5307(b) isamended—

(1) in paragraph (1)—(A) by striking ‘‘, improvement, and operating

costs’’ and inserting ‘‘and improvement costs’’;and

(B) by adding at the end the following: ‘‘TheSecretary may also make grants under this sec-tion to finance the operating cost of equipmentand facilities for use in mass transportation inan urbanized area with a population of lessthan 200,000.’’;

(2) in paragraph (2)(A)—(A) by inserting ‘‘, in writing,’’ after ‘‘ap-

proved’’; and(B) by striking ‘‘and’’ at the end;(3) in paragraph (2)(B) by striking the period

at the end and inserting ‘‘; and’’;(4) in paragraph (2) by adding at the end the

following:‘‘(C) the metropolitan planning organization

in approving the use under subparagraph (A)determines that the local transit needs are beingaddressed.’’;

(5) by striking paragraphs (3) and (5); and(6) by redesignating paragraph (4) as para-

graph (3).(d) ADVANCE CONSTRUCTION.—Section

5307(g)(3) is amended by striking ‘‘the amountby which’’ and all that follows through the pe-riod at the end and inserting ‘‘the most favor-able financing terms reasonably available forthe project at the time of borrowing. The appli-cant shall certify, in a manner satisfactory tothe Secretary, that the applicant has shownreasonable diligence in seeking the most favor-able financing terms.’’.

(e) COORDINATION OF REVIEWS.—Section5307(i)(2) is amended by adding at the end thefollowing: ‘‘To the extent practicable, the Sec-retary shall coordinate such reviews with anyrelated State or local reviews.’’.

(f) TRANSIT ENHANCEMENT ACTIVITIES.—Sec-tion 5307(k) is amended to read as follows:

‘‘(k) TRANSIT ENHANCEMENT ACTIVITIES.—‘‘(1) IN GENERAL.—One percent of the funds

apportioned to urbanized areas with a popu-lation of at least 200,000 under section 5336 fora fiscal year shall be made available for transitenhancement activities in accordance with sec-tion 5302(a)(15).

‘‘(2) PERIOD OF AVAILABILITY.—Funds appor-tioned under paragraph (1) shall be availablefor obligation for 3 years following the fiscalyear in which the funds are apportioned. Funds

CONGRESSIONAL RECORD — HOUSEH3856 May 22, 1998that are not obligated at the end of such periodshall be reapportioned under the urbanized areaformula program of section 5336.

‘‘(3) REPORT.—A recipient of funds appor-tioned under paragraph (1) shall submit, as partof the recipient’s annual certification to the Sec-retary, a report listing the projects carried outduring the fiscal year with those funds.’’.

(g) CONFORMING AMENDMENTS.—Section5307(n)(2) is amended by inserting ‘‘5319,’’ after‘‘5318,’’.SEC. 3008. CLEAN FUELS FORMULA GRANT PRO-

GRAM.(a) IN GENERAL.—Section 5308 is amended to

read as follows:‘‘§ 5308. Clean fuels formula grant program

‘‘(a) DEFINITIONS.—In this section—‘‘(1) the term ‘clean fuel vehicle’ means a ve-

hicle that—‘‘(A) is powered by—‘‘(i) compressed natural gas;‘‘(ii) liquefied natural gas;‘‘(iii) biodiesel fuels;‘‘(iv) batteries;‘‘(v) alcohol-based fuels;‘‘(vi) hybrid electric;‘‘(vii) fuel cell;‘‘(viii) clean diesel, to the extent allowed

under this section; or‘‘(ix) other low or zero emissions technology;

and‘‘(B) the Administrator of the Environmental

Protection Agency has certified sufficiently re-duces harmful emissions;

‘‘(2) the term ‘designated recipient’ has thesame meaning as in section 5307(a)(2); and

‘‘(3) the term ‘eligible project’—‘‘(A) means a project for—‘‘(i) purchasing or leasing clean fuel buses, in-

cluding buses that employ a lightweight compos-ite primary structure;

‘‘(ii) constructing or leasing clean fuel busesor electrical recharging facilities and relatedequipment;

‘‘(iii) improving existing mass transportationfacilities to accommodate clean fuel buses;

‘‘(iv) repowering pre-1993 engines with cleanfuel technology that meets the current urbanbus emission standards; or

‘‘(v) retrofitting or rebuilding pre-1993 enginesif before half life to rebuild; and

‘‘(B) in the discretion of the Secretary, mayinclude projects relating to clean fuel, biodiesel,hybrid electric, or zero emissions technology ve-hicles that exhibit equivalent or superior emis-sions reductions to existing clean fuel or hybridelectric technologies.

‘‘(b) AUTHORITY.—The Secretary shall makegrants in accordance with this section to des-ignated recipients to finance eligible projects.

‘‘(c) APPLICATION.—‘‘(1) IN GENERAL.—Not later than January 1 of

each year, any designated recipient seeking toapply for a grant under this section for an eligi-ble project shall submit an application to theSecretary, in such form and in accordance withsuch requirements as the Secretary shall estab-lish by regulation.

‘‘(2) CERTIFICATION REQUIRED.—An applica-tion submitted under paragraph (1) shall con-tain a certification by the applicant that thegrantee will operate vehicles purchased with agrant under this section only with clean fuels.

‘‘(d) APPORTIONMENT OF FUNDS.—‘‘(1) FORMULA.—Not later than February 1 of

each year, the Secretary shall apportionamounts made available to carry out this sectionto designated recipients submitting applicationsunder subsection (c), of which—

‘‘(A) two-thirds shall be apportioned to des-ignated recipients with eligible projects in urbanareas with a population of at least 1,000,000, ofwhich—

‘‘(i) 50 percent shall be apportioned, such thateach such designated recipient receives a grantin an amount equal to the ratio between—

‘‘(I) the number of vehicles in the bus fleet ofthe eligible project of the designated recipient,

weighted by severity of nonattainment for thearea in which the eligible project is located, asprovided in paragraph (2); and

‘‘(II) the total number of vehicles in the busfleets of all eligible projects in areas with a pop-ulation of at least 1,000,000 funded under thissection, weighted by severity of nonattainmentfor all areas in which those eligible projects arelocated, as provided in paragraph (2); and

‘‘(ii) 50 percent shall be apportioned, suchthat each such designated recipient receives agrant in an amount equal to the ratio between—

‘‘(I) the number of bus passenger miles (asthat term is defined in section 5336(c)) of the eli-gible project of the designated recipient, weight-ed by severity of nonattainment of the area inwhich the eligible project is located, as providedin paragraph (2); and

‘‘(II) the total number of bus passenger milesof all eligible projects in areas with a populationof at least 1,000,000 funded under this section,weighted by severity of nonattainment of allareas in which those eligible projects are lo-cated, as provided in paragraph (2); and

‘‘(B) one-third shall be apportioned to des-ignated recipients with eligible projects in urbanareas with a population of less than 1,000,000, ofwhich—

‘‘(i) 50 percent shall be apportioned, such thateach such designated recipient receives a grantin an amount equal to the ratio between—

‘‘(I) the number of vehicles in the bus fleet ofthe eligible project of the designated recipient,weighted by severity of nonattainment for thearea in which the eligible project is located, asprovided in paragraph (2); and

‘‘(II) the total number of vehicles in the busfleets of all eligible projects in areas with a pop-ulation of less than 1,000,000 funded under thissection, weighted by severity of nonattainmentfor all areas in which those eligible projects arelocated, as provided in paragraph (2); and

‘‘(ii) 50 percent shall be apportioned, suchthat each such designated recipient receives agrant in an amount equal to the ratio between—

‘‘(I) the number of bus passenger miles (asthat term is defined in section 5336(c)) of the eli-gible project of the designated recipient, weight-ed by severity of nonattainment of the area inwhich the eligible project is located, as providedin paragraph (2); and

‘‘(II) the total number of bus passenger milesof all eligible projects in areas with a populationof less than 1,000,000 funded under this section,weighted by severity of nonattainment of allareas in which those eligible projects are lo-cated, as provided in paragraph (2).

‘‘(2) WEIGHTING OF SEVERITY OF NONATTAIN-MENT.—

‘‘(A) IN GENERAL.—For purposes of paragraph(1), subject to subparagraph (B) of this para-graph, the number of clean fuel vehicles in thefleet, or the number of passenger miles, shall bemultiplied by a factor of—

‘‘(i) 1.0 if, at the time of the apportionment,the area is a maintenance area (as that term isdefined in section 101 of title 23) for ozone orcarbon monoxide;

‘‘(ii) 1.1 if, at the time of the apportionment,the area is classified as—

‘‘(I) a marginal ozone nonattainment areaunder subpart 2 of part D of title I of the CleanAir Act (42 U.S.C. 7511 et seq.); or

‘‘(II) a marginal carbon monoxide nonattain-ment area under subpart 3 of part D of title I ofthe Clean Air Act (42 U.S.C. 7512 et seq.);

‘‘(iii) 1.2 if, at the time of the apportionment,the area is classified as—

‘‘(I) a moderate ozone nonattainment areaunder subpart 2 of part D of title I of the CleanAir Act (42 U.S.C. 7511 et seq.); or

‘‘(II) a moderate carbon monoxide nonattain-ment area under subpart 3 of part D of title I ofthe Clean Air Act (42 U.S.C. 7512 et seq.);

‘‘(iv) 1.3 if, at the time of the apportionment,the area is classified as—

‘‘(I) a serious ozone nonattainment areaunder subpart 2 of part D of title I of the CleanAir Act (42 U.S.C. 7511 et seq.); or

‘‘(II) a serious carbon monoxide nonattain-ment area under subpart 3 of part D of title I ofthe Clean Air Act (42 U.S.C. 7512 et seq.);

‘‘(v) 1.4 if, at the time of the apportionment,the area is classified as—

‘‘(I) a severe ozone nonattainment area undersubpart 2 of part D of title I of the Clean AirAct (42 U.S.C. 7511 et seq.); or

‘‘(II) a severe carbon monoxide nonattainmentarea under subpart 3 of part D of title I of theClean Air Act (42 U.S.C. 7512 et seq.); or

‘‘(vi) 1.5 if, at the time of the apportionment,the area is classified as—

‘‘(I) an extreme ozone nonattainment areaunder subpart 2 of part D of title I of the CleanAir Act (42 U.S.C. 7511 et seq.); or

‘‘(II) an extreme carbon monoxide nonattain-ment area under subpart 3 of part D of title I ofthe Clean Air Act (42 U.S.C. 7512 et seq.).

‘‘(B) ADDITIONAL ADJUSTMENT FOR CARBONMONOXIDE AREAS.—If, in addition to being clas-sified as a nonattainment or maintenance area(as that term is defined in section 101 of title 23)for ozone under subpart 2 of part D of title I ofthe Clean Air Act (42 U.S.C. 7511 et seq.), thearea was also classified under subpart 3 of partD of title I of that Act (42 U.S.C. 7512 et seq.)as a nonattainment area for carbon monoxide,the weighted nonattainment or maintenancearea fleet and passenger miles for the eligibleproject, as calculated under subparagraph (A),shall be further multiplied by a factor of 1.2.

‘‘(3) MAXIMUM GRANT AMOUNT.—‘‘(A) IN GENERAL.—The amount of a grant

made to a designated recipient under this sec-tion shall not exceed the lesser of—

‘‘(i) for an eligible project in an area—‘‘(I) with a population of less than 1,000,000,

$15,000,000; and‘‘(II) with a population of at least 1,000,000,

$25,000,000; or‘‘(ii) 80 percent of the total cost of the eligible

project.‘‘(B) REAPPORTIONMENT.—Any amounts that

would otherwise be apportioned to a designatedrecipient under this subsection that exceed theamount described in subparagraph (A) shall bereapportioned among other designated recipientsin accordance with paragraph (1).

‘‘(e) ADDITIONAL REQUIREMENTS.—‘‘(1) LIMITATION ON USES.—Not less than 5

percent of the amount made available by or ap-propriated under section 5338 in each fiscal yearto carry out this section shall be available forany eligible projects for which an application isreceived from a designated recipient, for—

‘‘(A) the purchase or construction of hybridelectric or battery-powered buses; or

‘‘(B) facilities specifically designed to servicethose buses.

‘‘(2) CLEAN DIESEL BUSES.—Not more than$50,000,000 of the amount made available by orappropriated under section 5338 in each fiscalyear to carry out this section may be madeavailable to fund clean diesel buses.

‘‘(3) BUS RETROFITTING AND REPLACEMENT.—Not more than 5 percent of the amount madeavailable by or appropriated under section 5338in each fiscal year to carry out this section maybe made available to fund retrofitting or re-placement of the engines of buses that do notmeet the clean air standards of the Environ-mental Protection Agency, as in effect on thedate on which the application for such retro-fitting or replacement is submitted under sub-section (c)(1).

‘‘(f) AVAILABILITY OF FUNDS.—Any amountmade available or appropriated under this sec-tion—

‘‘(1) shall remain available to a project for 1year after the fiscal year for which the amountis made available or appropriated; and

‘‘(2) that remains unobligated at the end ofthe period described in paragraph (1), shall beadded to the amount made available in the fol-lowing fiscal year.’’.

(b) CLERICAL AMENDMENT.—The analysis forchapter 53 is amended by striking the item relat-ing to section 5308 and inserting the following:‘‘5308. Clean fuels formula grant program.’’.

CONGRESSIONAL RECORD — HOUSE H3857May 22, 1998SEC. 3009. CAPITAL INVESTMENT GRANTS AND

LOANS.(a) SECTION HEADING.—Section 5309 is amend-

ed in the section heading by striking ‘‘Discre-tionary’’ and inserting ‘‘Capital investment’’.

(b) CONFORMING AMENDMENT.—The item re-lating to section 5309 in the table of sections forchapter 53 is amended by striking ‘‘Discre-tionary’’ and inserting ‘‘Capital investment’’.

(c) GENERAL AUTHORITY.—Section 5309(a)(1) isamended—

(1) by redesignating subparagraphs (F) and(G) as subparagraphs (G) and (H), respectively;and

(2) by striking subparagraph (E) and insertingthe following:

‘‘(E) capital projects to modernize existingfixed guideway systems;

‘‘(F) capital projects to replace, rehabilitate,and purchases buses and related equipment andto construct bus-related facilities;’’.

(d) CONSIDERATION OF DECREASED COMMUTERRAIL TRANSPORTATION.—Section 5309(c) isamended to read as follows:

‘‘(c) [Reserved.]’’.(e) CRITERIA FOR GRANTS AND LOANS FOR

FIXED GUIDEWAY SYSTEMS.—Section 5309(e) isamended to read as follows:

‘‘(e) CRITERIA FOR GRANTS AND LOANS FORFIXED GUIDEWAY SYSTEMS.—

‘‘(1) IN GENERAL.—The Secretary may approvea grant or loan under this section for a capitalproject for a new fixed guideway system or ex-tension of an existing fixed guideway systemonly if the Secretary determines that the pro-posed project is—

‘‘(A) based on the results of an alternativesanalysis and preliminary engineering;

‘‘(B) justified based on a comprehensive re-view of its mobility improvements, environ-mental benefits, cost effectiveness, and operat-ing efficiencies; and

‘‘(C) supported by an acceptable degree oflocal financial commitment, including evidenceof stable and dependable financing sources toconstruct, maintain, and operate the system orextension.

‘‘(2) ALTERNATIVES ANALYSIS AND PRELIMI-NARY ENGINEERING.—In evaluating a projectunder paragraph (1)(A), the Secretary shallanalyze and consider the results of the alter-natives analysis and preliminary engineeringfor the project.

‘‘(3) PROJECT JUSTIFICATION.—In evaluating aproject under paragraph (1)(B), the Secretaryshall—

‘‘(A) consider the direct and indirect costs ofrelevant alternatives;

‘‘(B) consider factors such as congestion re-lief, improved mobility, air pollution, noise pol-lution, energy consumption, and all associatedancillary and mitigation costs necessary tocarry out each alternative analyzed, and recog-nize reductions in local infrastructure costsachieved through compact land use develop-ment;

‘‘(C) identify and consider mass transpor-tation supportive existing land use policies andfuture patterns, and the cost of urban sprawl;

‘‘(D) consider the degree to which the projectincreases the mobility of the mass transportationdependent population or promotes economic de-velopment;

‘‘(E) consider population density and currenttransit ridership in the corridor;

‘‘(F) consider the technical capability of thegrant recipient to construct the project;

‘‘(G) adjust the project justification to reflectdifferences in local land, construction, and op-erating costs; and

‘‘(H) consider other factors that the Secretarydetermines appropriate to carry out this chap-ter.

‘‘(4) LOCAL FINANCIAL COMMITMENT.—‘‘(A) EVALUATION OF PROJECT.—In evaluating

a project under paragraph (1)(C), the Secretaryshall require that—

‘‘(i) the proposed project plan provides for theavailability of contingency amounts that the

Secretary determines to be reasonable to coverunanticipated cost increases;

‘‘(ii) each proposed local source of capital andoperating financing is stable, reliable, andavailable within the proposed project timetable;and

‘‘(iii) local resources are available to operatethe overall proposed mass transportation system(including essential feeder bus and other serv-ices necessary to achieve the projected ridershiplevels) without requiring a reduction in existingmass transportation services to operate the pro-posed project.

‘‘(B) CONSIDERATIONS.—In assessing the sta-bility, reliability, and availability of proposedsources of local financing under subparagraph(A), the Secretary shall consider—

‘‘(i) existing grant commitments;‘‘(ii) the degree to which financing sources are

dedicated to the purposes proposed;‘‘(iii) any debt obligation that exists or is pro-

posed by the recipient for the proposed projector other mass transportation purpose; and

‘‘(iv) the extent to which the project has alocal financial commitment that exceeds the re-quired non-Federal share of the cost of theproject.

‘‘(5) REGULATIONS.—Not later than 120 daysafter the date of enactment of the Federal Tran-sit Act of 1998, the Secretary shall issue regula-tions on the manner in which the Secretary willevaluate and rate the projects based on the re-sults of alternatives analysis, project justifica-tion, and the degree of local financial commit-ment, as required under this subsection.

‘‘(6) PROJECT EVALUATION AND RATING.—Aproposed project may advance from alternativesanalysis to preliminary engineering, and mayadvance from preliminary engineering to finaldesign and construction, only if the Secretaryfinds that the project meets the requirements ofthis section and there is a reasonable likelihoodthat the project will continue to meet such re-quirements. In making such findings, the Sec-retary shall evaluate and rate the project as‘highly recommended’, ‘recommended’, or not‘recommended’, based on the results of alter-natives analysis, the project justification cri-teria, and the degree of local financial commit-ment, as required under this subsection. In rat-ing the projects, the Secretary shall provide, inaddition to the overall project rating, individualratings for each criteria established under theregulations issued under paragraph (5).

‘‘(7) FULL FUNDING GRANT AGREEMENT.—Aproject financed under this subsection shall becarried out through a full funding grant agree-ment. The Secretary shall enter into a full fund-ing grant agreement based on the evaluationsand ratings required under this subsection. TheSecretary shall not enter into a full fundinggrant agreement for a project unless that projectis authorized for final design and construction.

‘‘(8) LIMITATIONS ON APPLICABILITY.—‘‘(A) PROJECTS WITH A SECTION 5309 FEDERAL

SHARE OF LESS THAN $25,000,000.—A project for anew fixed guideway system or extension of anexisting fixed guideway system is not subject tothe requirements of this subsection, and the si-multaneous evaluation of similar projects in atleast 2 corridors in a metropolitan area may notbe limited, if the assistance provided under thissection with respect to the project is less than$25,000,000.

‘‘(B) PROJECTS IN NONATTAINMENT AREAS.—The simultaneous evaluation of projects in atleast 2 corridors in a metropolitan area may notbe limited and the Secretary shall make deci-sions under this subsection with expedited pro-cedures that will promote carrying out an ap-proved State Implementation Plan in a timelyway if a project is—

‘‘(i) located in a nonattainment area;‘‘(ii) a transportation control measure (as de-

fined by the Clean Air Act (42 U.S.C. 7401 etseq.)); and

‘‘(iii) required to carry out the State Imple-mentation Plan.

‘‘(C) PROJECTS FINANCED WITH HIGHWAYFUNDS.—This subsection does not apply to apart of a project financed completely withamounts made available from the HighwayTrust Fund (other than the Mass Transit Ac-count).

‘‘(D) PREVIOUSLY ISSUED LETTER OF INTENT ORFULL FUNDING GRANT AGREEMENT.—This sub-section does not apply to projects for which theSecretary has issued a letter of intent or enteredinto a full funding grant agreement before thedate of enactment of the Federal Transit Act of1998.’’.

(f) LETTERS OF INTENT AND FULL FUNDINGGRANT AGREEMENTS.—Section 5309(g) is amend-ed—

(1) in the subsection heading by striking ‘‘FI-NANCING’’ and inserting ‘‘FUNDING’’;

(2) by striking ‘‘full financing’’ each place itappears and inserting ‘‘full funding’’;

(3) in paragraph (1)(B)—(A) by striking ‘‘30 days’’ and inserting ‘‘60

days’’;(B) by inserting before the first comma ‘‘or en-

tering into a full funding grant agreement’’;and

(C) by striking ‘‘issuance of the letter.’’ andinserting ‘‘letter or agreement. The Secretaryshall include with the notification a copy of theproposed letter or agreement as well as the eval-uations and ratings for the project.’’; and

(4) in paragraph (4), by striking ‘‘50 percent’’and all that follows through ‘‘obligated)’’ andinserting ‘‘an amount equivalent to the total au-thorizations under section 5338(b) for new fixedguideway systems and extensions to existingfixed guideway systems for fiscal years 2002 and2003’’.

(g) ALLOCATING AMOUNTS.—Section 5309(m) isamended to read as follows:

‘‘(m) ALLOCATING AMOUNTS.—‘‘(1) IN GENERAL.—Of the amounts made avail-

able by or appropriated under section 5338 forgrants and loans under this section for each offiscal years 1998 through 2003—

‘‘(A) 40 percent shall be available for fixedguideway modernization;

‘‘(B) 40 percent shall be available for capitalprojects for new fixed guideway systems and ex-tensions to existing fixed guideway systems; and

‘‘(C) 20 percent shall be available to replace,rehabilitate, and purchase buses and relatedequipment and to construct bus-related facili-ties.

‘‘(2) LIMITATION ON AMOUNTS AVAILABLE FORACTIVITIES OTHER THAN FINAL DESIGN AND CON-STRUCTION.—Not more than 8 percent of theamounts made available in each fiscal year byparagraph (1)(B) shall be available for activitiesother than final design and construction.

‘‘(3) BUS AND BUS FACILITY GRANTS.—‘‘(A) CONSIDERATION.—In making grants

under paragraph (1)(C), the Secretary shall con-sider the age of buses, bus fleets, related equip-ment, and bus-related facilities.

‘‘(B) FUNDING FOR BUS TESTING FACILITY.—Ofthe amounts made available under paragraph(1)(C), $3,000,000 shall be available in each offiscal years 1998 through 2003 to carry out sec-tion 5318.

‘‘(4) FUNDING FOR CLEAN FUELS.—Of theamounts made available under paragraph(1)(C), $50,000,000 shall be available in each offiscal years 1999 through 2003 to carry out sec-tion 5308.

‘‘(5) FUNDING FOR FERRY BOAT SYSTEMS.—‘‘(A) Of the amounts made available under

paragraph (1)(B), $10,400,000 shall be availablein each of fiscal years 1999 through 2003 for cap-ital projects in Alaska or Hawaii, for new fixedguideway systems and extensions to fixed guide-way systems that are ferry boats or ferry termi-nal facilities, or that are approaches to ferryterminal facilities.

‘‘(B) Of the amounts appropriated under sec-tion 5338(h)(5), $3,600,000 shall be available ineach of fiscal years 1999 through 2003 for capitalprojects in Alaska or Hawaii, for new fixed

CONGRESSIONAL RECORD — HOUSEH3858 May 22, 1998guideway systems and extensions to fixed guide-way systems that are ferry boats or ferry termi-nal facilities, or that are approaches to ferryterminal facilities.’’.

(h) CONFORMING AMENDMENTS.—(1) REPEAL.—Section 5309(f) is amended to

read as follows:‘‘(f) [Reserved.]’’.(2) CROSS REFERENCE.—Section 5328(a)(2), by

striking ‘‘5309(e) (1)–(6) of this title’’ and insert-ing ‘‘5309(e)’’.

(3) REFERENCES TO FULL FUNDING GRANTAGREEMENTS.—Chapter 53 is amended—

(A) in section 5320—(i) by striking ‘‘full financing’’ each place it

appears and inserting ‘‘full funding’’; and(ii) in subsection (e) in the subsection head-

ing, by striking ‘‘FINANCING’’ and inserting‘‘FUNDING’’; and

(B) in section 5328(a)(4) by striking ‘‘full fi-nancing’’ each place it appears and inserting‘‘full funding’’.

(i) REPORTS.—Section 5309 is amended by add-ing at the end the following:

‘‘(o) REPORTS.—‘‘(1) FUNDING LEVELS AND ALLOCATIONS OF

FUNDS FOR FIXED GUIDEWAY SYSTEMS.—‘‘(A) ANNUAL REPORT.—Not later than the

first Monday in February of each year, the Sec-retary shall submit to the Committee on Trans-portation and Infrastructure of the House ofRepresentatives and the Committee on Banking,Housing, and Urban Affairs of the Senate a re-port that includes a proposal on the allocationof amounts to be made available to financegrants and loans for capital projects for newfixed guideway systems and extensions to exist-ing fixed guideway systems among applicantsfor those amounts.

‘‘(B) RECOMMENDATIONS ON FUNDING.—Theannual report under this paragraph shall in-clude evaluations and ratings, as requiredunder subsection (e), for each project that is au-thorized or has received funds under this sectionsince the date of enactment of the Federal Tran-sit Act of 1998 or October 1 of the preceding fis-cal year, whichever date is earlier. The reportshall also include recommendations of projectsfor funding based on the evaluations and rat-ings and on existing commitments and antici-pated funding levels for the next 3 fiscal yearsand for the next 10 fiscal years based on infor-mation currently available to the Secretary.

‘‘(2) SUPPLEMENTAL REPORT ON NEW STARTS.—The Secretary shall submit a report to Congresson the 31st day of August of each year that de-scribes the Secretary’s evaluation and rating ofeach project that has completed alternativesanalysis or preliminary engineering since thedate of the last report. The report shall includeall relevant information that supports the eval-uation and rating of each project, including asummary of each project’s financial plan.

‘‘(3) ANNUAL GAO REVIEW.—The General Ac-counting Office shall—

‘‘(A) conduct an annual review of—‘‘(i) the processes and procedures for evaluat-

ing and rating projects and recommendingprojects; and

‘‘(ii) the Secretary’s implementation of suchprocesses and procedures; and

‘‘(B) shall report to Congress on the results ofsuch review by April 30 of each year.’’.

(j) PROJECT DEFINED.—Section 5309 is amend-ed by adding at the end the following:

‘‘(p) PROJECT DEFINED.—In this section, theterm ‘project’ means, with respect to a new fixedguideway system or extension to an existingfixed guideway system, a minimum operable seg-ment of the project.’’.SEC. 3010. DOLLAR VALUE OF MOBILITY IM-

PROVEMENTS.(a) IN GENERAL.—The Secretary shall not con-

sider the dollar value of mobility improvements,as specified in the report required under section5309(o) (as added by this Act), in evaluatingprojects under section 5309 of title 49, UnitedStates Code, in developing regulations, or incarrying out any other duty of the Secretary.

(b) STUDY.—(1) IN GENERAL.—The Comptroller General

shall conduct a study of the dollar value of mo-bility improvements and the relationship of mo-bility improvements to the overall transportationjustification of a new fixed guideway system orextension to an existing system.

(2) REPORT.—Not later than January 1, 2000,the Secretary shall transmit to the Committee onTransportation and Infrastructure of the Houseof Representatives and the Committee on Bank-ing, Housing, and Urban Affairs of the Senatea report on the results of the study under para-graph (1), including an analysis of the factorsrelevant to determining the dollar value of mo-bility improvements.SEC. 3011. LOCAL SHARE.

(a) IN GENERAL.—Notwithstanding any otherprovision of law, for fiscal years 1999 through2003, a recipient of assistance under section 5307or 5309 of title 49, United States Code, may use,as part of the local matching funds for a capitalproject (as defined in section 5302(a) of title 49,United States Code), the proceeds from theissuance of revenue bonds.

(b) MAINTENANCE OF EFFORT.—The Secretaryshall approve of the use of the proceeds from theissuance of revenue bonds for the remainder ofthe net project cost (as defined in section 5302(a)of title 49, United States Code) only if the aggre-gate amount of financial support for mass trans-portation in the urbanized area from the Stateand affected local governmental authorities dur-ing the next 3 fiscal years, as programmed in theState Transportation Improvement Programunder section 135 of title 23, United States Code,is not less than the aggregate amount providedby the State and affected local governmentalauthorities in the urbanized area during thepreceding 3 fiscal years.

(c) REPORT.—(1) IN GENERAL.—Not later than January 1,

2003, the Secretary shall submit to the Commit-tee on Transportation and Infrastructure of theHouse of Representatives and the Committee onBanking, Housing, and Urban Affairs of theSenate, a report on the recipients described insubsection (a) that have used, as part of thelocal matching funds for a capital project, theproceeds from the issuance of revenue bonds,during the period described in subsection (a).

(2) CONTENTS OF REPORT.—The report requiredby this subsection shall include—

(A) information on each project undertaken,the amount of the revenue bonds issued, and thestatus of repayment of the bonds; and

(B) any recommendations of the Secretary re-garding the application of this section.SEC. 3012. INTELLIGENT TRANSPORTATION SYS-

TEMS APPLICATIONS.(a) FIXED GUIDEWAY TECHNOLOGY.—The Sec-

retary shall make grants for the study, design,and demonstration of fixed guideway tech-nology. Of the amounts made available by orappropriated under section 5338(d) of title 49,United States Code, the Secretary shall makefunds available for the following projects in notless than the amounts specified for the fiscalyear:

(1) North Orange-South Seminole County, FL$750,000 for fiscal year 1999.

(2) Galveston, TX fixed guideway activities$750,000 for fiscal year 1999.

(3) Washoe County, NV Transit Technology,$1,250,000 for each of fiscal years 1999 and 2000.

(b) BUS TECHNOLOGY.—The Secretary shallmake grants for the study, design, and dem-onstration of bus technology. Of the amountsmade available by or appropriated under section5338(d) of title 49, United States Code, the Sec-retary shall make funds available for the follow-ing projects in not less than the amounts speci-fied for the fiscal year:

(1) MBTA, MA Advanced Electric TransitBuses and Related Infrastructure, $1,500,000 foreach of fiscal years 1999 and 2000.

(2) Palm Springs, CA Fuel Cell Buses,$1,000,000 for each of fiscal years 1999 and 2000.

(3) Gloucester, MA Intermodal TechnologyCenter, $1,500,000 for each of fiscal years 1999and 2000.

(c) ADVANCED PROPULSION CONTROL SYS-TEM.—

(1) IN GENERAL.—Of the amounts made avail-able by or appropriated under section 5338(d) oftitle 49, United States Code, $2,000,000 for fiscalyear 1999, $3,000,000 for fiscal year 2000, and$3,000,000 for fiscal year 2002 shall be availableto the Southeastern Pennsylvania Transit Au-thority (in this subsection referred to as‘‘SEPTA’’), to be used only for the completion ofthe program to develop and deploy a new Ad-vanced Propulsion Control System begun underthe Request for Technical Proposals for ProjectS-2814-2.

(2) ACTION REQUIRED BY SEPTA.—This sub-section shall take effect only if SEPTA issues arequest for cost proposals to the 4 selectees fromthe full and open competition under SEPTA’sRequest for Technical Proposals for Project S-2814-2 not later than 60 days after the date ofenactment of this Act.SEC. 3013. FORMULA GRANTS AND LOANS FOR

SPECIAL NEEDS OF ELDERLY INDI-VIDUALS AND INDIVIDUALS WITHDISABILITIES.

(a) SECTION HEADING.—Section 5310 is amend-ed in the section heading by striking ‘‘Grants’’and inserting ‘‘Formula grants’’.

(b) CONFORMING AMENDMENT.—The item re-lating to section 5310 in the table of sections forchapter 53 is amended by inserting ‘‘formula’’before ‘‘grants’’.SEC. 3014. FORMULA PROGRAM FOR OTHER THAN

URBANIZED AREAS.(a) IN GENERAL.—Section 5311 is amended—(1) in the section heading, by striking ‘‘Finan-

cial assistance’’ and inserting ‘‘Formulagrants’’; and

(2) in subsection (f)(1) by striking ‘‘10 percentof the amount made available in the fiscal yearending September 30, 1993, and’’.

(b) CONFORMING AMENDMENT.—The item re-lating to section 5311 in the table of sections forchapter 53 is amended by striking ‘‘Financialassistance’’ and inserting ‘‘Formula grant’’.SEC. 3015. RESEARCH, DEVELOPMENT, DEM-

ONSTRATION, AND TRAININGPROJECTS.

(a) IN GENERAL.—Section 5312 is amended byadding at the end the following:

‘‘(d) JOINT PARTNERSHIP PROGRAM FOR DE-PLOYMENT OF INNOVATION.—

‘‘(1) DEFINITION OF CONSORTIUM.—In this sub-section, the term ‘consortium’—

‘‘(A) means 1 or more public or private organi-zations located in the United States that providemass transportation service to the public and 1or more businesses, including small- and me-dium-sized businesses, incorporated in a State,offering goods or services or willing to offergoods and services to mass transportation opera-tors; and

‘‘(B) may include, as additional members,public or private research organizations locatedin the United States, or State or local govern-mental authorities.

‘‘(2) GENERAL AUTHORITY.—The Secretarymay, under terms and conditions that the Sec-retary prescribes, enter into grants, contracts,cooperative agreements, and other agreementswith consortia selected in accordance with para-graph (4), to promote the early deployment ofinnovation in mass transportation services,management, operational practices, or tech-nology that has broad applicability. This para-graph shall be carried out in consultation withthe transit industry by competitively selectedconsortia that will share costs, risks, and re-wards of early deployment of innovation.

‘‘(3) CONSORTIUM CONTRIBUTION.—A consor-tium assisted under this subsection shall providenot less than 50 percent of the costs of any jointpartnership project. Any business, organization,person, or governmental body may contributefunds to a joint partnership project.

CONGRESSIONAL RECORD — HOUSE H3859May 22, 1998‘‘(4) NOTICE REQUIREMENT.—The Secretary

shall periodically give public notice of the tech-nical areas for which joint partnerships are so-licited, required qualifications of consortia de-siring to participate, the method of selection andevaluation criteria to be used in selecting par-ticipating consortia and projects, and the proc-ess by which innovation projects described inparagraph (1) will be awarded.

‘‘(5) USE OF REVENUES.—The Secretary shallaccept, to the maximum extent practicable, aportion of the revenues resulting from sales ofan innovation project funded under this section.Such revenues shall be accounted for separatelywithin the Mass Transit Account of the High-way Trust Fund and shall be available to theSecretary for activities under this subsection.Annual revenues that are less than $1,000,000shall be available for obligation without furtherappropriation and shall not be subject to anyobligation limitation.

‘‘(e) INTERNATIONAL MASS TRANSPORTATIONPROGRAM.—

‘‘(1) ACTIVITIES.—The Secretary is authorizedto engage in activities to inform the UnitedStates domestic mass transportation communityabout technological innovations available in theinternational marketplace and activities thatmay afford domestic businesses the opportunityto become globally competitive in the export ofmass transportation products and services. Suchactivities may include—

‘‘(A) development, monitoring, assessment,and dissemination domestically of informationabout worldwide mass transportation marketopportunities;

‘‘(B) cooperation with foreign public sectorentities in research, development, demonstra-tion, training, and other forms of technologytransfer and exchange of experts and informa-tion;

‘‘(C) advocacy, in international mass trans-portation markets, of firms, products, and serv-ices available from the United States;

‘‘(D) informing the international marketabout the technical quality of mass transpor-tation products and services through participa-tion in seminars, expositions, and similar activi-ties; and

‘‘(E) offering those Federal Transit Adminis-tration technical services which cannot be read-ily obtained from the United States private sec-tor to foreign public authorities planning or un-dertaking mass transportation projects if thecost of these services will be recovered under theterms of each project.

‘‘(2) COOPERATION.—The Secretary may carryout activities under this subsection in coopera-tion with other Federal agencies, State or localagencies, public and private nonprofit institu-tions, government laboratories, foreign govern-ments, or any other organization the Secretarydetermines is appropriate.

‘‘(3) FUNDING.—The funds available to carryout this subsection shall include revenues paidto the Secretary by any cooperating organiza-tion or person. Such revenues shall be ac-counted for separately within the Mass TransitAccount of the Highway Trust Fund and shallbe available to the Secretary to carry out activi-ties under this subsection, including pro-motional materials, travel, reception, and rep-resentation expenses necessary to carry out suchactivities. Annual revenues that are less than$1,000,000 shall be available for obligation with-out further appropriation and shall not be sub-ject to any obligation limitation. Not later thanJanuary 1 of each fiscal year, the Secretaryshall publish a report on the activities underthis paragraph funded from the account.’’.

(b) FUEL CELL BUS AND BUS FACILITIES PRO-GRAM.—Of the funds made available for eachfiscal year to carry out section 5309(m)(1)(C) oftitle 49, United States Code, $4,850,000 shall beavailable to carry out the fuel cell poweredtransit bus program and the intermodal trans-portation fuel cell bus maintenance facility.

(c) ADVANCED TECHNOLOGY PILOT PROJECT.—

(1) IN GENERAL.—The Secretary shall makegrants for the development of low speed mag-netic levitation technology for public transpor-tation purposes in urban areas to demonstrateenergy efficiency, congestion mitigation, andsafety benefits.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act for each offiscal years 1998 through 2003, $5,000,000 per fis-cal year shall be available to carry out this sub-section.

(3) FEDERAL SHARE.—The Federal share pay-able on account of activities carried out using agrant made under this subsection shall be 80percent of the cost of such activities.SEC. 3016. NATIONAL PLANNING AND RESEARCH

PROGRAMS.Section 5314(a)(2) is amended by striking

‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’.SEC. 3017. NATIONAL TRANSIT INSTITUTE.

(a) IN GENERAL.—Section 5315(a) is amended—(1) in paragraph (5) by inserting ‘‘and archi-

tectural design’’ before the semicolon at the end;(2) in paragraph (7) by striking ‘‘carrying

out’’ and inserting ‘‘delivering’’;(3) in paragraph (11) by inserting ‘‘, construc-

tion management, insurance, and risk manage-ment’’ before the semicolon at the end;

(4) in paragraph (13) by striking ‘‘and’’ at theend;

(5) in paragraph (14) by striking the period atthe end and inserting a semicolon; and

(6) by adding at the end the following:‘‘(15) innovative finance; and‘‘(16) workplace safety.’’.(b) CONFORMING AMENDMENT.—The item re-

lating to section 5315 in the table of sections forchapter 53 is amended by striking ‘‘mass trans-portation’’ and inserting ‘‘transit’’.SEC. 3018. BUS TESTING FACILITIES.

(a) OPERATION AND MAINTENANCE.—Section5318(b) is amended—

(1) by striking ‘‘make a contract with’’ andinserting ‘‘enter into a contract or cooperativeagreement with, or make a grant to,’’;

(2) by inserting ‘‘or organization’’ after ‘‘per-son’’;

(3) by inserting ‘‘, cooperative agreement, orgrant’’ after ‘‘The contract’’; and

(4) by inserting ‘‘mass transportation’’ after‘‘and other’’.

(b) AVAILABILITY OF AMOUNTS.—Section5318(d) is amended by striking ‘‘make a contractwith’’ and inserting ‘‘enter into a contract orcooperative agreement with, or make a grantto,’’.SEC. 3019. BICYCLE FACILITIES.

Section 5319 is amended by striking ‘‘underthis section is for 90 percent of the cost of theproject’’ and inserting ‘‘made eligible by thissection is for 90 percent of the cost of theproject, except that, if the grant or any portionof the grant is made with funds required to beexpended under section 5307(k) and the projectinvolves providing bicycle access to mass trans-portation, that grant or portion of that grantshall be at a Federal share of 95 percent’’.SEC. 3020. GENERAL PROVISIONS ON ASSIST-

ANCE.(a) TECHNICAL AMENDMENT.—Section 5323(d)

is amended by striking ‘‘BUYING AND OPER-ATING BUSES.—’’ and inserting ‘‘CONDITION ONCHARTER BUS TRANSPORTATION SERVICE.—’’.

(b) BUY AMERICA.—Section 5323(j)(7) isamended to read as follows:

‘‘(7) OPPORTUNITY TO CORRECT INADVERTENTERROR.—The Secretary may allow a manufac-turer or supplier of steel, iron, or manufacturedgoods to correct after bid opening any certifi-cation of noncompliance or failure to properlycomplete the certification (but not includingfailure to sign the certification) under this sub-section if such manufacturer or supplier attestsunder penalty of perjury that such manufac-turer or supplier submitted an incorrect certifi-cation as a result of an inadvertent or clericalerror. The burden of establishing inadvertent or

clerical error is on the manufacturer or sup-plier.’’.

(c) GOVERNMENT’S SHARE.—Section 5323(i) isamended to read as follows:

‘‘(i) GOVERNMENT SHARE OF COSTS FOR CER-TAIN PROJECTS.—A grant for a project to be as-sisted under this chapter that involves acquiringvehicle-related equipment required by the Amer-icans with Disabilities Act of 1990 (42 U.S.C.12101 et seq.) or vehicle-related equipment (in-cluding clean fuel or alternative fuel vehicle-re-lated equipment) for purposes of complying withor maintaining compliance with the Clean AirAct, is for 90 percent of the net project cost ofsuch equipment attributable to compliance withthose Acts. The Secretary shall have discretionto determine, through practicable administrativeprocedures, the costs of such equipment attrib-utable to compliance with those Acts.’’.

(d) HHS AND PUBLIC TRANSIT SERVICE.—Sec-tion 5323 is amended—

(1) by redesignating subsections (k) and (l) assubsections (l) and (m), respectively; and

(2) by inserting after subsection (j) the follow-ing:

‘‘(k) PARTICIPATION OF GOVERNMENTAL AGEN-CIES IN DESIGN AND DELIVERY OF TRANSPOR-TATION SERVICES.—To the extent feasible, gov-ernmental agencies and nonprofit organizationsthat receive assistance from Government sources(other than the Department of Transportation)for nonemergency transportation services—

‘‘(1) shall participate and coordinate with re-cipients of assistance under this chapter in thedesign and delivery of transportation services;and

‘‘(2) shall be included in the planning forthose services.’’.

(e) SUBMISSION OF CERTIFICATIONS.—Section5323 is amended by adding at the end the follow-ing:

‘‘(n) SUBMISSION OF CERTIFICATIONS.—A cer-tification required under this chapter and anyadditional certification or assurance required bylaw or regulation to be submitted to the Sec-retary may be consolidated into a single docu-ment to be submitted annually as part of agrant application under this chapter. The Sec-retary shall publish annually a list of all certifi-cations required under this chapter with thepublication required under section 5336(e)(2).’’.

(f) GRANT REQUIREMENTS.—Section 5323 isamended by adding at the end the following:

‘‘(o) GRANT REQUIREMENTS.—The grant re-quirements under sections 5307 and 5309 applyto any project under this chapter that receivesany assistance or other financing under theTransportation Infrastructure Finance and In-novation Act of 1998.’’.SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL

INFRASTRUCTURE INVESTMENTFROM MASS TRANSIT ACCOUNT OFHIGHWAY TRUST FUND.

(a) IN GENERAL.—The Secretary shall estab-lish a pilot program to determine the benefits ofusing funds from the Mass Transit Account ofthe Highway Trust Fund for intercity passengerrail. Any assistance provided to the State ofOklahoma under sections 5307 and 5311 of title49, United States Code, during fiscal years 1998through 2003 may be used for capital improve-ments to, and operating assistance for, intercitypassenger rail service.

(b) REPORT.—(1) IN GENERAL.—Not later than October 1,

2002, the Secretary shall submit to the Commit-tee on Transportation and Infrastructure of theHouse of Representatives and the Committee onBanking, Housing, and Urban Affairs of theSenate a report on the pilot program establishedunder this section.

(2) CONTENTS.—The report submitted underparagraph (1) shall include—

(A) an evaluation of the effect of the pilotprogram on alternative forms of transportationwithin the State of Oklahoma;

(B) an evaluation of the effect of the programon operators of mass transportation and theirpassengers;

CONGRESSIONAL RECORD — HOUSEH3860 May 22, 1998(C) a calculation of the amount of Federal as-

sistance provided under this section transferredfor the provision of intercity passenger rail serv-ice; and

(D) an estimate of the benefits to intercitypassenger rail service, including the number ofpassengers served, the number of route milescovered, and the number of localities served byintercity passenger rail service.SEC. 3022. CONTRACT REQUIREMENTS.

(a) EFFICIENT PROCUREMENT.—Section 5325 isamended—

(1) by striking subsections (b) and (c);(2) by redesignating subsection (d) as sub-

section (b); and(3) by adding at the end the following:‘‘(c) EFFICIENT PROCUREMENT.—A recipient

may award a procurement contract under thischapter to other than the lowest bidder whenthe award furthers an objective consistent withthe purposes of this chapter, including improvedlong-term operating efficiency and lower long-term costs.’’.SEC. 3023. SPECIAL PROCUREMENTS.

(a) TURNKEY SYSTEM PROJECTS.—Section5326(a) is amended—

(1) by striking paragraph (1) and inserting thefollowing:

‘‘(1) TURNKEY SYSTEM PROJECT DEFINED.—Inthis subsection, the term ‘turnkey systemproject’ means a project under which a recipiententers into a contract with a seller, firm, or con-sortium of firms to design and build a masstransportation system or an operable segmentthereof that meets specific performance criteria.Such project may also include an option to fi-nance, or operate for a period of time, the sys-tem or segment or any combination of designing,building, operating, or maintaining such systemor segment.’’;

(2) in paragraph (2)—(A) by inserting ‘‘SELECTION OF TURNKEY

PROJECTS.—’’ after ‘‘(2)’’; and(B) by inserting ‘‘or an operable segment of a

mass transportation system’’ after ‘‘transpor-tation system’’;

(3) in paragraph (3) by inserting ‘‘DEM-ONSTRATIONS.—’’ after ‘‘(3)’’; and

(4) by aligning paragraphs (2) and (3) withparagraph (1) of such section, as amended byparagraph (1) of this section.

(b) TECHNICAL AMENDMENT.—Section 5326 isamended by striking subsection (c) and insertingthe following:

‘‘(c) ACQUIRING ROLLING STOCK.—A recipientof financial assistance under this chapter mayenter into a contract to expend that assistanceto acquire rolling stock—

‘‘(1) based on—‘‘(A) initial capital costs; or‘‘(B) performance, standardization, life cycle

costs, and other factors; or‘‘(2) with a party selected through a competi-

tive procurement process.‘‘(d) PROCURING ASSOCIATED CAPITAL MAINTE-

NANCE ITEMS.—A recipient of assistance undersection 5307 procuring an associated capitalmaintenance item under section 5307(b) mayenter into a contract directly with the originalmanufacturer or supplier of the item to be re-placed, without receiving prior approval of theSecretary, if the recipient first certifies in writ-ing to the Secretary that—

‘‘(1) the manufacturer or supplier is the onlysource for the item; and

‘‘(2) the price of the item is no more than theprice that similar customers pay for the item.’’.

(c) CONFORMING AMENDMENT.—Section5334(b)(4) is amended by striking ‘‘5323(a)(2), (c)and (e), 5324(c), and 5325 of this title’’ and in-serting ‘‘5323(a)(2), 5323(c), 5323(e), 5324(c),5325(a), 5325(b), 5326(c), and 5326(d)’’.SEC. 3024. PROJECT MANAGEMENT OVERSIGHT

AND REVIEW.(a) LIMITATION ON USE OF AVAILABLE

AMOUNTS.—Section 5327(c)(2) is amended—(1) by striking ‘‘make contracts’’ and inserting

‘‘enter into contracts’’; and

(2) by inserting before the period at the end ofthe first sentence the following: ‘‘and to providetechnical assistance to correct deficiencies iden-tified in compliance reviews and audits carriedout under this section’’.

(b) FINANCIAL PLAN.—Section 5327 is amendedby adding at the end the following:

‘‘(f) FINANCIAL PLAN.—A recipient of financialassistance for a project under this chapter withan estimated total cost of $1,000,000,000 or moreshall submit to the Secretary an annual finan-cial plan for the project. The plan shall be basedon detailed annual estimates of the cost to com-plete the remaining elements of the project andon reasonable assumptions, as determined bythe Secretary, of future increases in the cost tocomplete the project.’’.SEC. 3025. ADMINISTRATIVE PROCEDURES.

(a) TRAINING AND CONFERENCE COSTS.—Sec-tion 5334(a) is amended—

(1) in paragraph (8) by striking ‘‘and’’ at theend;

(2) in paragraph (9) by striking the period atthe end and inserting ‘‘; and’’; and

(3) by adding at the end the following:‘‘(10) collect fees to cover the costs of training

or conferences, including costs of promotionalmaterials, sponsored by the Federal Transit Ad-ministration to promote mass transportation andcredit amounts collected to the appropriationconcerned.’’.

(b) TECHNICAL AMENDMENTS.—(1) SECTION HEADING.—The heading for sec-

tion 5334 is amended by inserting ‘‘provisions’’after ‘‘Administrative’’.

(2) TABLE OF SECTIONS.—The item relating tosection 5334 in the table of sections for chapter53 is amended by inserting ‘‘provisions’’ after‘‘Administrative’’.

(c) PROCEEDS FROM SALE OF TRANSIT AS-SETS.—Section 5334(g) is amended by adding atthe end the following:

‘‘(4) PROCEEDS FROM THE SALE OF TRANSIT AS-SETS.—

‘‘(A) IN GENERAL.—When real property, equip-ment, or supplies acquired with assistance underthis chapter are no longer needed for masstransportation purposes as determined underthe applicable assistance agreement, the Sec-retary may authorize the sale, transfer, or leaseof the assets under conditions determined by theSecretary and subject to the requirements of thissubsection.

‘‘(B) USE.—The net income from asset sales,uses, or leases (including lease renewals) underthis subsection shall be used by the recipient toreduce the gross project cost of other capitalprojects carried out under this chapter.

‘‘(C) RELATIONSHIP TO OTHER AUTHORITY.—The authority of the Secretary under this sub-section is in addition to existing authorities con-trolling allocation or use of recipient incomeotherwise permissible in law or regulation in ef-fect prior to the date of enactment of this para-graph.’’.SEC. 3026. REPORTS AND AUDITS.

(a) NATIONAL TRANSIT DATABASE.—Section5335(a) is amended—

(1) by striking ‘‘REPORTING SYSTEM AND UNI-FORM SYSTEM OF ACCOUNTS AND RECORDS’’ andinserting ‘‘NATIONAL TRANSIT DATABASE’’; and

(2) in paragraph (1)—(A) by striking ‘‘by uniform categories,’’ and

inserting ‘‘using uniform categories’’; and(B) by striking ‘‘and a uniform system of ac-

counts and records’’ and inserting ‘‘and using auniform system of accounts’’.

(b) REPORTS.—Section 5335 is amended—(1) by striking subsections (b) and (c); and(2) by redesignating subsection (d) as sub-

section (b).SEC. 3027. APPORTIONMENT OF APPROPRIATIONS

FOR FORMULA GRANTS.(a) IN GENERAL.—Section 5336 is amended in

the section heading by striking ‘‘block grants’’and inserting ‘‘formula grants’’.

(b) REPEAL.—Section 5336(d) is amended toread as follows:

‘‘(d) [Reserved.]’’.(c) CONTINUATION OF OPERATING ASSISTANCE

TO CERTAIN LARGER URBANIZED AREAS.—(1) PROVISION OF ASSISTANCE.—Notwithstand-

ing any other provision of law, during the pe-riod described in paragraph (2), the Secretarymay continue to provide assistance under sec-tion 5307 of title 49, United States Code, to fi-nance the operating costs of equipment and fa-cilities for use in mass transportation in any ur-banized area (as that term is defined in section5302 of title 49, United States Code) with a pop-ulation of at least 200,000, if the Secretary deter-mines that—

(A) the number of the total bus revenue vehi-cle-miles operated in or directly serving the areais less than 600,000; and

(B) the number of buses operated in or di-rectly serving the area does not exceed 15.

(2) PERIOD DESCRIBED.—For purposes of para-graph (1), the period described in this para-graph is the period beginning on the date of en-actment of this Act and ending on the earlierof—

(A) 3 years after the date of enactment of thisAct; and

(B) the date on which the Secretary deter-mines that—

(i) the number of the total bus revenue vehi-cle-miles operated in or directly serving the areais greater than or equal to 600,000; and

(ii) the number of buses operated in or directlyserving the area exceeds 15.SEC. 3028. APPORTIONMENT OF APPROPRIATIONS

FOR FIXED GUIDEWAY MODERNIZA-TION.

(a) DISTRIBUTION.—Section 5337(a) is amendedto read as follows:

‘‘(a) DISTRIBUTION.—The Secretary shall ap-portion amounts made available for fixed guide-way modernization under section 5309 for eachof fiscal years 1998 through 2003 as follows:

‘‘(1) The first $497,700,000 shall be apportionedin the following urbanized areas as follows:

‘‘(A) Baltimore, $8,372,000.‘‘(B) Boston, $38,948,000.‘‘(C) Chicago/Northwestern Indiana,

$78,169,000.‘‘(D) Cleveland, $9,509,500.‘‘(E) New Orleans, $1,730,588.‘‘(F) New York, $176,034,461.‘‘(G) Northeastern New Jersey, $50,604,653.‘‘(H) Philadelphia/Southern New Jersey,

$58,924,764.‘‘(I) Pittsburgh, $13,662,463.‘‘(J) San Francisco, $33,989,571.‘‘(K) Southwestern Connecticut, $27,755,000.‘‘(2) The next $70,000,000 shall be apportioned

as follows:‘‘(A) 50 percent in the urbanized areas listed

in paragraph (1), as provided in section5336(b)(2)(A).

‘‘(B) 50 percent in other urbanized areas eligi-ble for assistance under section 5336(b)(2)(A) towhich amounts were apportioned under this sec-tion for fiscal year 1997, as provided in section5336(b)(2)(A) and subsection (e) of this section.

‘‘(3) The next $5,700,000 shall be apportionedin the following urbanized areas as follows:

‘‘(A) Pittsburgh, 61.76 percent.‘‘(B) Cleveland, 10.73 percent.‘‘(C) New Orleans, 5.79 percent.‘‘(D) 21.72 percent in urbanized areas to

which paragraph (2)(B)(ii) applies, as providedin section 5336(b)(2)(A) and subsection (e) of thissection.

‘‘(4) The next $186,600,000 shall be apportionedin each urbanized area to which paragraph (1)applies and in each urbanized area to whichparagraph (2)(B) applies, as provided in section5336(b)(2)(A) and subsection (e) of this section.

‘‘(5) The next $70,000,000 shall be apportionedas follows:

‘‘(A) 65 percent in the urbanized areas listedin paragraph (1), as provided in section5336(b)(2)(A) and subsection (e) of this section.

‘‘(B) 35 percent to other urbanized areas eligi-ble for assistance under section 5336(b)(2)(A) if

CONGRESSIONAL RECORD — HOUSE H3861May 22, 1998the areas contain fixed guideway systems placedin revenue service at least 7 years before the fis-cal year in which amounts are made availableand in any urbanized area if, before the firstday of the fiscal year, the area satisfies the Sec-retary that the area has modernization needsthat cannot adequately be met with amounts re-ceived under section 5336(b)(2)(A), as providedin section 5336(b)(2)(A) and subsection (e) of thissection.

‘‘(6) The next $50,000,000 shall be apportionedas follows:

‘‘(A) 60 percent in the urbanized areas listedin paragraph (1), as provided in section5336(b)(2)(A) and subsection (e) of this section.

‘‘(B) 40 percent to urbanized areas to whichparagraph (5)(B) applies, as provided in section5336(b)(2)(A) and subsection (e) of this section.

‘‘(7) Remaining amounts shall be apportionedas follows:

‘‘(A) 50 percent in the urbanized areas listedin paragraph (1), as provided in section5336(b)(2)(A) and subsection (e) of this section.

‘‘(B) 50 percent to urbanized areas to whichparagraph (5)(B) applies, as provided in section5336(b)(2)(A) and subsection (e) of this section.’’.

(b) ROUTE SEGMENTS TO BE INCLUDED IN AP-PORTIONMENT FORMULAS.—Section 5337 isamended by adding at the end the following:

‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN AP-PORTIONMENT FORMULAS.—

‘‘(1) 1997 STANDARD.—Amounts apportionedunder paragraphs (2)(B), (3), and (4) of sub-section (a) shall have attributable to each ur-banized area only the number of fixed guidewayrevenue miles of service and number of fixedguideway route miles for segments of fixedguideway systems used to determine apportion-ments for fiscal year 1997.

‘‘(2) OTHER STANDARDS.—Amounts appor-tioned under paragraphs (5) through (7) of sub-section (a) shall have attributable to each ur-banized area only the number of fixed guidewayrevenue miles of service and number of fixedguideway route-miles for segments of fixedguideway systems placed in revenue service atleast 7 years before the fiscal year in whichamounts are made available.’’.SEC. 3029. AUTHORIZATIONS.

(a) IN GENERAL.—Section 5338 is amended toread as follows:‘‘§ 5338. Authorizations

‘‘(a) FORMULA GRANTS.—‘‘(1) FISCAL YEAR 1998.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out sections 5307,5310, and 5311, $2,260,000,000 for fiscal year 1998.

‘‘(B) FROM THE GENERAL FUND.—In additionto amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out sections 5307, 5310, and 5311,$240,000,000 for fiscal year 1998.

‘‘(C) ALLOCATION OF FUNDS.—Of the aggre-gate of amounts made available by and appro-priated under this paragraph for a fiscal year—

‘‘(i) $4,849,950 shall be available to the AlaskaRailroad for improvements to its passenger oper-ations under section 5307;

‘‘(ii) $62,219,389 shall be available to providetransportation services to elderly individualsand individuals with disabilities under section5310;

‘‘(iii) $134,077,934 shall be available to providefinancial assistance for other than urbanizedareas under section 5311; and

‘‘(iv) $2,298,852,727 shall be available to pro-vide financial assistance for urbanized areasunder section 5307.

‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out sections 5307,5308, 5310, and 5311—

‘‘(i) $2,280,000,000 for fiscal year 1999;‘‘(ii) $2,478,400,000 for fiscal year 2000;‘‘(iii) $2,676,000,000 for fiscal year 2001;

‘‘(iv) $2,873,600,000 for fiscal year 2002; and‘‘(v) $3,071,200,000 for fiscal year 2003.‘‘(B) FROM THE GENERAL FUND.—In addition

to amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out sections 5307, 5308, 5310, and 5311—

‘‘(i) $570,000,000 for fiscal year 1999;‘‘(ii) $619,600,000 for fiscal year 2000;‘‘(iii) $669,000,000 for fiscal year 2001;‘‘(iv) $718,400,000 for fiscal year 2002; and‘‘(v) $767,800,000 for fiscal year 2003.‘‘(C) ALLOCATION OF FUNDS.—Of the aggre-

gate of amounts made available by and appro-priated under this paragraph for a fiscal year—

‘‘(i) $4,849,950 shall be available to the AlaskaRailroad for improvements to its passenger oper-ations under section 5307;

‘‘(ii) $50,000,000 shall be available to carry outsection 5308; and

‘‘(iii) of the remaining amount—‘‘(I) 2.4 percent shall be available to provide

transportation services to elderly individualsand individuals with disabilities under section5310;

‘‘(II) 6.37 percent shall be available to providefinancial assistance for other than urbanizedareas under section 5311; and

‘‘(III) 91.23 percent shall be available to pro-vide financial assistance for urbanized areasunder section 5307.

‘‘(b) CAPITAL PROGRAM GRANTS AND LOANS.—‘‘(1) FISCAL YEAR 1998.—There shall be avail-

able from the Mass Transit Account of the High-way Trust Fund to carry out section 5309,$2,000,000,000 for fiscal year 1998.

‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out section 5309—

‘‘(i) $1,805,600,000 for fiscal year 1999;‘‘(ii) $1,960,800,000 for fiscal year 2000;‘‘(iii) $2,116,800,000 for fiscal year 2001;‘‘(iv) $2,272,800,000 for fiscal year 2002; and‘‘(v) $2,428,800,000 for fiscal year 2003.‘‘(B) FROM THE GENERAL FUND.—In addition

to amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out section 5309—

‘‘(i) $451,400,000 for fiscal year 1999;‘‘(ii) $490,200,000 for fiscal year 2000;‘‘(iii) $529,200,000 for fiscal year 2001;‘‘(iv) $568,200,000 for fiscal year 2002; and‘‘(v) $607,200,000 for fiscal year 2003.‘‘(c) PLANNING.—‘‘(1) FISCAL YEAR 1998.—There are authorized

to be appropriated to carry out sections 5303,5304, 5305, and 5313(b), $47,750,000 for fiscal year1998.

‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out sections 5303,5304, 5305, and 5313(b)—

‘‘(i) $43,200,000 for fiscal year 1999;‘‘(ii) $46,400,000 for fiscal year 2000;‘‘(iii) $51,200,000 for fiscal year 2001;‘‘(iv) $52,800,000 for fiscal year 2002; and‘‘(v) $57,600,000 for fiscal year 2003.‘‘(B) FROM THE GENERAL FUND.—In addition

to amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out sections 5303, 5304, 5305, and 5313(b)—

‘‘(i) $10,800,000 for fiscal year 1999;‘‘(ii) $11,600,000 for fiscal year 2000;‘‘(iii) $12,800,000 for fiscal year 2001;‘‘(iv) $13,200,000 for fiscal year 2002; and‘‘(v) $14,400,000 for fiscal year 2003.‘‘(C) ALLOCATION OF FUNDS.—Of the funds

made available by or appropriated under thisparagraph for a fiscal year—

‘‘(i) 82.72 percent shall be available for metro-politan planning under sections 5303, 5304, and5305; and

‘‘(ii) 17.28 percent shall be available for Stateplanning under section 5313(b).

‘‘(d) RESEARCH.—‘‘(1) FISCAL YEAR 1998.—There are authorized

to be appropriated to carry out sections

5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,$44,250,000 for fiscal year 1998.

‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out sections5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322—

‘‘(i) $36,000,000 for fiscal year 1999;‘‘(ii) $37,600,000 for fiscal year 2000;‘‘(iii) $37,600,000 for fiscal year 2001;‘‘(iv) $39,200,000 for fiscal year 2002; and‘‘(v) $39,200,000 for fiscal year 2003.‘‘(B) FROM THE GENERAL FUND.—In addition

to amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out sections 5311(b)(2), 5312, 5313(a), 5314,5315, and 5322—

‘‘(i) $9,000,000 for fiscal year 1999;‘‘(ii) $9,400,000 for fiscal year 2000;‘‘(iii) $9,400,000 for fiscal year 2001;‘‘(iv) $9,800,000 for fiscal year 2002; and‘‘(v) $9,800,000 for fiscal year 2003.‘‘(C) ALLOCATION OF FUNDS.—Of the funds

made available by or appropriated under thisparagraph for a fiscal year—

‘‘(i) not less than $5,250,000 shall be availablefor providing rural transportation assistanceunder section 5311(b)(2);

‘‘(ii) not less than $8,250,000 shall be availablefor carrying out transit cooperative researchprograms under section 5313(a);

‘‘(iii) not less than $4,000,000 shall be avail-able to carry out programs under the NationalTransit Institute under section 5315; and

‘‘(iv) the remainder shall be available for car-rying out national planning and research pro-grams under sections 5311(b)(2), 5312, 5313(a),5314, and 5322.

‘‘(e) UNIVERSITY TRANSPORTATION RE-SEARCH.—

‘‘(1) FISCAL YEAR 1998.—There are authorizedto be appropriated to carry out section 5317(b)$6,000,000 for fiscal year 1998.

‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out section5317(b), $4,800,000 for each of fiscal years 1999through 2003.

‘‘(B) FROM THE GENERAL FUND.—In additionto amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out section 5317(b), $1,200,000 for each offiscal years 1999 through 2003.

‘‘(f) ADMINISTRATION.—‘‘(1) FISCAL YEAR 1998.—There are authorized

to be appropriated to carry out section 5334,$45,738,000 for fiscal year 1998.

‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—‘‘(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out section 5334—

‘‘(i) $43,200,000 for fiscal year 1999;‘‘(ii) $48,000,000 for fiscal year 2000;‘‘(iii) $51,200,000 for fiscal year 2001;‘‘(iv) $53,600,000 for fiscal year 2002; and‘‘(v) $58,400,000 for fiscal year 2003.‘‘(B) FROM THE GENERAL FUND.—In addition

to amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out section 5334—

‘‘(i) $10,800,000 for fiscal year 1999;‘‘(ii) $12,000,000 for fiscal year 2000;‘‘(iii) $12,800,000 for fiscal year 2001;‘‘(iv) $13,400,000 for fiscal year 2002; and‘‘(v) $14,600,000 for fiscal year 2003.‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—‘‘(1) GRANTS FINANCED FROM THE HIGHWAY

TRUST FUND.—A grant or contract approved bythe Secretary, that is financed with amountsmade available under subsection (a)(1)(A),(a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A),(e)(2)(A), or (f)(2)(A) is a contractual obligationof the United States Government to pay theGovernment’s share of the cost of the project.

‘‘(2) GRANTS FINANCED FROM GENERALFUNDS.—A grant or contract, approved by theSecretary, that is financed with amounts made

CONGRESSIONAL RECORD — HOUSEH3862 May 22, 1998available under subsection (a)(1)(B), (a)(2)(B),(b)(2)(B), (c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B),or (h) is a contractual obligation of the Govern-ment to pay the Government’s share of the costof the project only to the extent that amountsare provided in advance in an appropriationsAct.

‘‘(h) ADDITIONAL AMOUNTS.—In addition toamounts made available by or appropriatedunder subsections (a) through (f), there are au-thorized to be appropriated—

‘‘(1) to carry out sections 5303, 5304, 5305, and5313(b)—

‘‘(A) for fiscal year 1999, $32,000,000;‘‘(B) for fiscal year 2000, $33,000,000;‘‘(C) for fiscal year 2001, $34,000,000;‘‘(D) for fiscal year 2002, $35,000,000; and‘‘(E) for fiscal year 2003, $36,000,000;‘‘(2) to carry out section 5307, $150,000,000 for

each of fiscal years 1999 through 2003;‘‘(3) to carry out section 5308, $100,000,000 for

each of fiscal years 1999 through 2003;‘‘(4) to carry out section 5309(m)(1)(A),

$100,000,000 for each of fiscal years 1999 through2003;

‘‘(5) to carry out section 5309(m)(1)(B)—‘‘(A) for fiscal year 1999, $600,000,000;‘‘(B) for fiscal year 2000, $610,000,000;‘‘(C) for fiscal year 2001, $620,000,000;‘‘(D) for fiscal year 2002, $630,000,000; and‘‘(E) for fiscal year 2003, $630,000,000;‘‘(6) to carry out section 5309(m)(1)(C),

$100,000,000 for each of fiscal years 1999 through2003;

‘‘(7) to carry out sections 5311(b)(2), 5312,5313(a), 5314, 5315, and 5322—

‘‘(A) for fiscal year 1999, $31,000,000;‘‘(B) for fiscal year 2000, $31,000,000;‘‘(C) for fiscal year 2001, $33,000,000;‘‘(D) for fiscal year 2002, $33,000,000; and‘‘(E) for fiscal year 2003, $34,000,000; and‘‘(8) to carry out section 5334—‘‘(A) for fiscal year 1999, $13,000,000;‘‘(B) for fiscal year 2000, $14,000,000;‘‘(C) for fiscal year 2001, $16,000,000;‘‘(D) for fiscal year 2002, $17,000,000; and‘‘(E) for fiscal year 2003, $18,000,000.‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts

made available by or appropriated under sub-sections (a) through (e), and paragraphs (1)through (7) of subsection (h), shall remainavailable until expended.’’.

(b) CONFORMING AMENDMENTS.—Chapter 53 isamended as follows:

(1) In sections 5303(h)(1), 5303(h)(2)(A), and5303(h)(3)(A), by striking ‘‘section 5338(g)(1)’’each place it appears and inserting ‘‘subsection(c) or (h)(1) of section 5338’’.

(2) In section 5303(h)(1) by striking ‘‘–5306’’and inserting ‘‘and 5305’’.

(3) In section 5303(h)(4) by striking ‘‘section5338(g)’’ and inserting ‘‘subsection (c) or (h)(1)of section 5338’’.

(4) In section 5313(a)(1) by striking ‘‘Fifty per-cent of the amounts made available under sec-tion 5338(g)(3)’’ and inserting ‘‘The amountsmade available under paragraphs (1) and(2)(C)(ii) of section 5338(d)’’.

(5) In section 5313(b)(1) by striking ‘‘Fifty per-cent of the amounts made available under sec-tion 5338(g)(3)’’ and inserting ‘‘The amountsmade available under paragraphs (1) and(2)(C)(ii) of section 5338(c)’’.

(6) In section 5314(a)(1) by striking ‘‘section5338(g)(4)’’ and inserting ‘‘subsections (d) and(h)(7) of section 5338’’.

(7) In section 5317(e)(5)(C) by striking‘‘5338(e)(2)’’ and inserting ‘‘5338(e)’’.

(8) In section 5318(d) by striking ‘‘5338(j)(5)’’and inserting ‘‘5309(m)(1)(C)’’.

(9) In section 5333(b) by striking ‘‘5338(j)(5)’’each place it appears and inserting ‘‘5338(b)’’.

(10) In section 5336(a) by striking ‘‘5338(f)’’and inserting ‘‘5338(a)’’.

(11) In section 5336(e)(1) by striking ‘‘section5338(f)’’ and inserting ‘‘subsections (a) and(h)(2) of section 5338’’.

(12) In section 5337(e)(1) by striking ‘‘section5338(f)’’ and inserting ‘‘subsections (b) and(h)(4) of section 5338’’.

SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAYSYSTEMS AND EXTENSIONS TO EX-ISTING SYSTEMS.

(a) FINAL DESIGN AND CONSTRUCTION.—Thefollowing projects are authorized for final de-sign and construction for fiscal years 1998through 2003 under section 5309(m)(1)(B) of title49, United States Code:

(1) Atlanta—Athens Commuter Rail.(2) Atlanta—Griffin Commuter Rail.(3) Atlanta—North Line Extension.(4) Austin—NW/North Central/SE—Airport

LRT.(5) Baltimore—Central LRT Extension to Glen

Burnie.(6) Boston—Massport Airport Intermodal

Transit Connector.(7) Boston—North Shore Corridor and Blue

Line Extension to Beverly.(8) Charlotte—South Corridor Transitway.(9) Chicago—Navy Pier-McCormick Place

Busway.(10) Chicago—North Central Upgrade Com-

muter Rail.(11) Chicago—Ravenswood Line Extension.(12) Chicago—Southwest Extension.(13) Chicago—West Line Expansion.(14) Cleveland—Akron-Canton Commuter

Rail.(15) Cleveland—Berea Metroline Extension.(16) Cleveland—Blue Line Extension.(17) Cleveland—Euclid Corridor Extension.(18) Cleveland—I–90 Corridor to Ashtabula

County.(19) Cleveland—Waterfront Line Extension.(20) Dallas—North Central Extension.(21) Dallas—Ft. Worth RAILTRAN (Phase II).(22) Denver—East Corridor (Airport).(23) Denver—Southeast LRT (I–25 between 6th

& Lincoln).(24) Denver—Southwest LRT.(25) Denver—West Corridor LRT.(26) East St. Louis-St. Clair County—Mid-

America Airport Corridor.(27) Ft. Lauderdale-West Palm Beach-Miami

Tri-County Commuter Rail.(28) Galveston—Trolley Extension.(29) Hartford—Griffin Line.(30) Hollis—Ketchikan Ferry.(31) Houston—Regional Bus Plan—Phase I.(32) Kansas City—I–35 Commuter Rail.(33) Kansas City—Southtown Corridor.(34) Kenosha-Racine—Milwaukee Rail Exten-

sion.(35) Las Vegas Corridor.(36) Little Rock—River Rail.(37) Los Angeles—Metrolink San Bernadino

Line.(38) Los Angeles—MOS–3.(39) Los Angeles—Metrolink (Union Station-

Fullerton).(40) Louisville—Jefferson County Corridor.(41) MARC—Commuter Rail Improvements.(42) Maryland Light Rail Double Track.(43) Memphis—Medical Center Extension.(44) Miami—East-West Multimodal Corridor.(45) Miami—North 27th Avenue Corridor.(46) Miami—South Busway Extension.(47) Milwaukee—East-West Corridor.(48) Monterey County Commuter Rail.(49) Nashua, NH—Lowell, MA Commuter Rail.(50) Nashville—Commuter Rail.(51) New Orleans—Canal Streetcar.(52) New York—8th Avenue Subway Connec-

tor.(53) New York—Brooklyn—Staten Island

Ferry.(54) New York—Long Island Railroad East

Side Access.(55) New York—Staten Island Ferry—White-

hall Intermodal Terminal.(56) New York Susquehanna and Western

Commuter Rail.(57) New Jersey Urban Core.(58) Norfolk—Virginia Beach Corridor.(59) Orange County—Fullerton—Irvine Cor-

ridor.(60) Orlando—I–4 Central Florida Light Rail

System.

(61) Philadelphia—Schuykill Valley Metro.(62) Phoenix—Fixed Guideway.(63) Colorado—Roaring Fork Valley Rail.(64) Pittsburgh Airborne Shuttle System.(65) Pittsburgh—MLK Busway Extension.(66) Portland—South-North Corridor.(67) Portland—Westside-Hillsboro Corridor.(68) Raleigh-Durham—Regional Transit Plan.(69) Sacramento—Folsom Extension.(70) Sacramento—Placer County Corridor.(71) Sacramento—South Corridor.(72) Salt Lake City—Light Rail (Airport to

University of Utah).(73) Salt Lake City—Ogden-Provo Commuter

Rail.(74) Salt Lake City—South LRT.(75) San Diego—Mid-Coast LRT Corridor.(76) San Diego—Mission Valley East Corridor.(77) San Diego—Oceanside—Escondido Cor-

ridor.(78) San Francisco—BART to San Francisco

International Airport Extension.(79) San Francisco—Bayshore Corridor.(80) San Jose—Tasman Corridor Light Rail.(81) San Juan—Tren Urbano.(82) San Juan—Tren Urbano Extension to

Minellas.(83) Santa Cruz—Fixed Guideway.(84) Seattle—Southworth High Speed Ferry.(85) Seattle—Sound Move Corridor.(86) South Boston—Piers Transitway.(87) St. Louis—Cross County Corridor.(88) Stockton—Altamont Commuter Rail.(89) Tampa Bay—Regional Rail.(90) Twin Cities—Northstar Corridor (Down-

town Minneapolis-Anoka County-St. Cloud).(91) Twin Cities—Transitways Corridors.(92) Washington—Richmond Rail Corridor Im-

provements.(93) Washington, D.C.—Dulles Corridor Ex-

tension.(94) Washington, D.C.—Largo Extension.(95) West Trenton Line (West Trenton-New-

ark).(96) Westlake—Commuter Rail Link.(97) Pittsburgh North Shore-Central Business

District Corridor.(98) Pittsburgh—Stage II Light Rail.(99) Boston—North-South Rail Link.(100) Spokane—South Valley Corridor Light

Rail.(101) Miami—Palmetto Metrorail.(102) Morgantown—Personal Rapid Transit.(103) Santa Monica—Busway.(104) Northwest New Jersey—Northeast Rail

Corridor.(105) Southeastern North Carolina Corridor.(106) Chicago—Douglas Branch.(107) San Joaquin—Regional Transit Corridor.(108) Albuquerque—High Capacity Corridor.(b) ALTERNATIVES ANALYSIS AND PRELIMINARY

ENGINEERING.—The following projects are au-thorized for alternatives analysis and prelimi-nary engineering for fiscal years 1998 through2003 under section 5309(m)(1)(B) of title 49,United States Code:

(1) Atlanta—Georgia 400 Multimodal Corridor.(2) Atlanta—MARTA Extension (S. DeKalb-

Lindbergh).(3) Atlanta—MARTA I–285 Transit Corridor.(4) Atlanta—MARTA Marietta-Lawrenceville

Corridor.(5) Atlanta—MARTA South DeKalb Com-

prehensive Transit Program.(6) Baltimore—Metropolitan Rail Corridor.(7) Baltimore—People Mover.(8) Bergen County Cross—County Light Rail.(9) Birmingham Transit Corridor.(10) Boston—Urban Ring.(11) Charleston—Monobeam.(12) Chicago—Comiskey Park Station.(13) Chicago—Inner Circumferential Com-

muter Rail.(14) Cumberland/Dauphin County Corridor 1

Commuter Rail.(15) Dallas—DART LRT Extensions.(16) Dallas—Las Colinas Corridor.(17) Dayton—Regional Riverfront Corridor.

CONGRESSIONAL RECORD — HOUSE H3863May 22, 1998(18) El Paso—International Fixed Guideway

(El Paso-Juarez).(19) Fremont—South Bay Corridor.(20) Houston—Advanced Transit Program.(21) Jacksonville—Fixed Guideway Corridor.(22) Knoxville—Electric Transit.(23) Lorain—Cleveland Commuter Rail.(24) Los Angeles—MOS–4 East Side Extension

(II).(25) Los Angeles—MOS–4 San Fernando Val-

ley East-West.(26) Los Angeles—LOSSAN (Del Mar-San

Diego).(27) Maine High Speed Ferry Service.(28) Maryland Route 5 Corridor.(29) Memphis—Regional Rail Plan.(30) Miami—Kendall Corridor.(31) Miami—Northeast Corridor.(32) New Jersey Trans-Hudson Midtown Cor-

ridor.(33) New Orleans—Airport—CBD Commuter

Rail.(34) New Orleans—Desire Streetcar.(35) New York—Astoria—East Elmhurst Ex-

tension.(36) New York—Broadway—Lafayette &

Bleecker St Transfer.(37) New York—Brooklyn—Manhattan Ac-

cess.(38) New York—Lower Manhattan Access.(39) New York—Manhattan East Side Link.(40) New York—Midtown West Intermodal

Terminal.(41) New York—Nassau Hub.(42) New York—North Shore Railroad.(43) New York—Queens West Light Rail Link.(44) New York—St. George’s Ferry Intermodal

Terminal.(45) Newburgh—LRT System.(46) North Front Range Corridor.(47) Northeast Indianapolis Corridor.(48) Oakland Airport—BART Connector.(49) Providence—Pawtucket Corridor.(50) Philadelphia—Broad Street Line Exten-

sion.(51) Philadelphia—Cross County Metro.(52) Philadelphia—Lower Marion Township.(53) Pinellas County—Mobility Initiative

Project.(54) Redlands—San Bernardino Transpor-

tation Corridor.(55) Riverside—Perris rail passenger service.(56) Salt Lake City—Draper Light Rail Exten-

sion.(57) Salt Lake City—West Jordan Light Rail

Extension.(58) San Francisco—CalTrain Extension to

Hollister.(59) Scranton—Laurel Line Intermodal Cor-

ridor.(60) SEATAC—Personal Rapid Transit.(61) Toledo—CBD to Zoo.(62) Union Township Station (Raritan Valley

Line).(63) Washington County Corridor (Hastings-

St. Paul).(64) Washington, D.C.—Georgetown-Ft. Lin-

coln.(65) Williamsburg—Newport News-Hampton

LRT.(66) Cincinnati/N. Kentucky—Northeast Cor-

ridor.(67) Northeast Ohio—commuter rail.(68) California—North Bay Commuter Rail.(c) PROJECT AUTHORIZATIONS.—(1) IN GENERAL.—Of the total amount made

available by or authorized under section 5338(b)of title 49, United States Code, to carry out sec-tion 5309(m)(1)(B) for fiscal years 1998 through2003:

(A) $3,000,000,000 shall be available for the fol-lowing projects:

(i) Birmingham Transit Corridor, $87,500,000.(ii) San Diego–Mission Valley East Corridor,

$325,000,000.(iii) Denver–Southeast LRT (I-25 between 6th

and Lincoln), $10,000,000.(iv) Colorado–Roaring Fork Valley Rail,

$40,000,000.

(v) Hartford–Griffin Line, $33,000,000.(vi) Bridgeport–Intermodal Corridor,

$34,000,000.(vii) New London–Waterfront Access,

$15,000,000.(viii) Old Saybrook–Hartford Rail Extension,

$5,000,000.(ix) Stamford–Fixed Guideway Connector,

$18,000,000.(x) Orlando–I-4 Central Florida Light Rail

System, $100,000,000.(xi) Miami–Palmetto Metrorail, $8,000,000.(xii) Tampa Bay–Regional Rail, $2,000,000.(xiii) Fort Lauderdale–West Palm Beach–

Miami Tri-County Commuter Rail, $20,000,000.(xiv) Miami–East-West Multimodal Corridor,

$20,000,000.(xv) Chicago–CTA Douglas Branch,

$315,000,000.(xvi) Indianapolis Region Commuter Rail,

$10,000,000.(xvii) Sioux City–Light Rail, $10,000,000.(xviii) MARC–Commuter Rail Improvements,

$185,000,000.(xix) Baltimore–Light Rail Double Track,

$120,000,000.(xx) Boston–North Shore Corridor and Blue

Line Extension to Beverly, $50,000,000.(xxi) Twin Cities–Transitways Corridors,

$120,000,000.(xxii) Twin Cities–Northstar Corridor (Down-

town Minneapolis–Anoka County–St. Cloud),$6,000,000.

(xxiii) I-35 Commuter Rail, $30,000,000.(xxiv) Las Vegas Corridor, $155,000,000.(xxv) New Jersey–Bergen County Cross Coun-

ty Light Rail, $5,000,000.(xxvi) New Jersey–Trans Hudson Midtown

Corridor, $5,000,000.(xxvii) Santa Fe–Eldorado Rail Link,

$10,000,000.(xxviii) Albuquerque Alvarado Intermodal

Center, $5,000,000.(xxix) Albuquerque Light Rail, $90,000,000.(xxx) New York–Long Island Railroad East

Side Access, $353,000,000.(xxxi) New York–Second Avenue Subway,

$5,000,000.(xxxii) New York–Whitehall Ferry Terminal,

$40,000,000.(xxxiii) New York–St. George’s Ferry Inter-

modal Terminal, $20,000,000.(xxxiv) New York–Nassau Hub, $10,000,000.(xxxv) New Jersey–New York Midtown West

Ferry Terminal, $16,300,000.(xxxvi) Cincinnati/Northern Kentucky Cor-

ridor, $65,000,000.(xxxvii) Portland South–North Corridor,

$25,000,000.(xxxviii) Philadelphia–Schuylkill Valley

Metro, $75,000,000.(xxxix) Allegheny County Stage II Light Rail,

$100,200,000.(xl) Philadelphia–Pittsburgh High Speed Rail,

$10,000,000.(xli) Cumberland/Dauphin County Corridor 1

Commuter Rail, $20,000,000.(xlii) Pittsburgh North Shore–Central Business

District, $20,000,000.(xliii) Providence–Boston Commuter,

$10,000,000.(xliv) Rhode Island Integrated Intermodal

Transportation, $25,000,000.(xlv) Dallas–North Central Extension,

$188,000,000.(xlvi) Dallas–Southeast Corridor, $20,000,000.(xlvii) Dallas–Northwest Corridor, $12,000,000.(xlviii) Washington, D.C., Dulles Corridor Ex-

tension, $86,000,000.(xlix) Seattle–Tacoma Commuter Rail,

$40,000,000.(l) San Joaquin Regional Intermodal Corridor,

$14,000,000.(li) Railtran Corridor Light Rail, $12,000,000.(B) The remainder shall be available for

projects listed in subsections (a) and (b).(2) ADDITIONAL FUNDS.—(A) IN GENERAL.—The total amount author-

ized in section 5338(h)(5) of title 49, United

States Code, for fiscal years 1999 through 2003shall be available for projects listed in sub-sections (a) and (b).

(B) PRIORITY FOR SALT LAKE CITY OLYMPICS.—(i) IN GENERAL.—Of the amount authorized to

be appropriated under section 5338(h)(5),$640,000,000 is authorized to be appropriated forthe Salt Lake City Winter Olympic Games forthe following projects:

(I) North/South Light Rail.(II) Airport to University of Utah Light Rail.(III) Intermodal Facilities.(IV) Park and Ride Lots.(V) Bus Acquisition.(ii) GOVERNMENT SHARE.—The Government

share of the costs of projects assisted under thissubparagraph shall not exceed 80 percent. Forpurposes of determining the nongovernmentalshare for projects authorized under this sub-paragraph, highway, aviation, and transitprojects shall be considered to be a program ofprojects.

(iii) USE OF FUNDS.—Funds provided underthis subparagraph shall be available for plan-ning and capital assistance.

(3) HIGH PRIORITY PROJECT.—The Long IslandRail Road East Side Access project shall begiven priority consideration by the Secretary forfunds made available under paragraph (1)(B).In addition, that project is authorized for con-struction with funds available under section5338(h)(5) of title 49, United States Code.

(d) EFFECT OF AUTHORIZATION.—(1) IN GENERAL.—(A) SUBSECTION (a) PROJECTS.—Projects au-

thorized by subsection (a) for final design andconstruction are also authorized for alternativesanalysis and preliminary engineering.

(B) SUBSECTION (B) PROJECTS.—Effective Octo-ber 1, 2000, projects authorized by subsection (b)for alternatives analysis and preliminary engi-neering are also authorized for final design andconstruction.

(2) FIXED GUIDEWAY AUTHORIZATION.—Theproject authorized by subsection (a)(3) includesan additional 28 rapid rail cars and projectscope changes from amounts authorized by theIntermodal Surface Transportation EfficiencyAct of 1991.

(3) INTERMODAL CENTER AUTHORIZATIONS.—Notwithstanding any other provision of law,each of the following projects are eligible forfunding under section 5309(m)(1)(C) of title 49,United States Code:

(A) Huntington, West Virginia Intermodal Fa-cility project.

(B) Huntsville Intermodal Center project.(e) NEW JERSEY URBAN CORE PROJECT.—(1) ALLOCATIONS.—Section 3031(a) of the

Intermodal Surface Transportation EfficiencyAct of 1991 (105 Stat. 2122) is amended by addingat the end the following:

‘‘(3) ALLOCATIONS.—‘‘(A) RAIL CONNECTION BETWEEN PENN STATION

NEWARK AND BROAD STREET STATION, NEWARK.—Of the amounts made available for the New Jer-sey Urban Core Project under section5309(m)(1)(B) of title 49, United States Code, forfiscal years 1998 through 2003, the Secretaryshall set aside 10 percent, but not more than$5,000,000, per fiscal year for preliminary engi-neering, design, and construction of the railconnection between Penn Station, Newark andBroad Street Station, Newark.

‘‘(B) NEWARK—NEWARK INTERNATIONAL AIR-PORT—ELIZABETH TRANSIT LINK.—Of theamounts made available for the New JerseyUrban Core Project under section 5309(m)(1)(B)of title 49, United States Code, for fiscal years1998 through 2003, the Secretary, after makingthe set aside under subparagraph (A), shall setaside 10 percent, but not more than $5,000,000,per fiscal year for preliminary engineering, de-sign, and construction of the Newark—NewarkInternational Airport—Elizabeth Transit Link,including construction of the auxiliary New Jer-sey Transit station, described in subsection (d).

‘‘(C) LIGHT RAIL CONNECTION AND ALIGNMENTWITHIN AND SERVING THE CITY OF ELIZABETH.—

CONGRESSIONAL RECORD — HOUSEH3864 May 22, 1998Of amounts made available for the New JerseyUrban Core Project under section 5309(m)(1)(B)of title 49, United States Code, for fiscal years1998 through 2003, the Secretary, after makingthe set-aside under subparagraphs (A) and (B),shall set aside 10 percent but not more than$5,000,000 per fiscal year for preliminary engi-neering, design, and construction of the lightrail connection and alignment within and serv-ing the city of Elizabeth as described in sub-section (d).’’.

(2) CONFORMING AMENDMENT.—Section 3031(c)of the Intermodal Surface Transportation Effi-ciency Act of 1991 (105 Stat. 2122) is amended—

(A) by striking ‘‘section 3(i) of the FederalTransit Act (relating to criteria for new starts)’’and inserting ‘‘section 5309(e) of title 49, UnitedStates Code,’’; and

(B) by striking ‘‘; except’’ and all that followsthrough ‘‘such element’’.

(3) ELEMENTS OF NEW JERSEY URBAN COREPROJECT.—Section 3031(d) of the IntermodalSurface Transportation Efficiency Act of 1991(105 Stat. 2122) is amended—

(A) by inserting after ‘‘Secaucus Transfer’’the following: ‘‘(including relocation and con-struction of the Bergen County and PascackValley Rail Lines and the relocation of theMain/Bergen Connection with construction of arail station and associated components to and atthe contiguous New Jersey Meadowlands SportsComplex)’’;

(B) by striking ‘‘, Newark-Newark Inter-national Airport-Elizabeth Transit Link’’ andinserting ‘‘(including a connection from theVince Lombardi Station to Saddlebrook andEdgewater), restoration of commuter rail servicealong the Northern Branch Line of the WestShore Line, Newark-Newark International Air-port-Elizabeth Transit Link (including construc-tion of an auxiliary New Jersey Light RailTransit station directly connected to and inte-grated with the Amtrak Northeast Corridor Sta-tion at Newark International Airport, providingaccess from the Newark-Newark InternationalAirport-Elizabeth Light Rail Transit Link to theNewark International Airport)’’; and

(C) by inserting after ‘‘New York Penn Sta-tion Concourse,’’ the following: ‘‘the restorationof commuter rail service in Lakewood to Free-hold to Matawan or Jamesburg, New Jersey, asdescribed in section 3035(p) of the IntermodalSurface Transportation Efficiency Act of 1991(105 Stat. 2131), a light rail extension of theNewark-Newark International Airport-ElizabethLight Rail Transit Link from Elizabeth, NewJersey, to the towns of Cranford, Westfield,Fanwood, and Plainfield in Union County, NewJersey, and any appropriate light rail connec-tions and alignments within the city of Eliza-beth to be determined by the city of Elizabethand the New Jersey Department of Transpor-tation (and which shall include connecting mid-town Elizabeth to Route 1 Park and Ride, theElizabeth Car House Museum, Division Street,Singer Place, Ferry Terminal, Jersey GardensMall, Elizabeth Port to Lot D at Newark Air-port) and any appropriate fixed guideway sys-tem in Passaic County,’’.

(f) LOS ANGELES MOS–3 PROJECT.—(1) IN GENERAL.—For purposes of this section,

the Los Angeles MOS–3 project referenced insubsection (a)(38) may include any fixed guide-way project or projects selected by the Los An-geles County Metropolitan Transportation Au-thority for development in the transportationcorridors to be served by the 3 extensions ofMOS–3 of the Los Angeles County Metro Railproject, as described in section 3034(i) of theIntermodal Surface Transportation EfficiencyAct of 1991.

(2) ALTERNATIVES.—In considering fixedguideway alternatives and selecting any revisedpreferred alternative in the East Side or MidCity corridors of MOS–3, the Los Angeles Coun-ty Metropolitan Transportation Authorityshall—

(A) fully evaluate the potential impact of thealternatives on the integrity of the neighbor-hoods in the corridor involved;

(B) address the capacity of the alternatives toserve transit dependent riders;

(C) identify and address any disproportion-ately high and adverse effects on minority andlow income populations, in accordance with theExecutive Order on Federal Actions to AddressEnvironmental Justice (EO 12898; February 11,1994); and

(D) otherwise comply with all applicable Fed-eral and State planning and environmental re-quirements.

(g) BALTIMORE-WASHINGTON TRANSPORTATIONIMPROVEMENTS PROGRAM.—Section 3035(nn) ofthe Intermodal Surface Transportation Effi-ciency Act of 1991 (105 Stat. 2134) is amended—

(1) in paragraph (1)—(A) by inserting ‘‘, and alternatives for double

tracking and related improvements’’ after‘‘Penn Station extensions’’;

(B) by inserting ‘‘shall provide for doubletracking and related improvements and’’ after‘‘under this paragraph’’; and

(C) by inserting after the first sentence thefollowing: ‘‘Funds for projects under this para-graph shall be provided at an 80 percent Gov-ernment share. In applying the local share eval-uation criteria in section 5309, of title 49, UnitedStates Code, the Secretary shall compare the ag-gregate expenditure of State and local funds, in-cluding Federal highway funds provided by theState of Maryland, for all phases of the CentralCorridor Light Rail project.’’; and

(2) in paragraph (2)—(A) in the first sentence, by inserting ‘‘, in-

cluding capacity and efficiency improvementsthrough construction of a Penn-Camden Con-nection, MARC maintenance and storage facili-ties, and other capacity related improvements,and the Silver Spring Intermodal Center’’ beforethe period; and

(B) in the second sentence, by inserting ‘‘pro-vide for construction of the Penn-Camden Con-nection, MARC maintenance and storage facili-ties, and other capacity related improvements,and the Silver Spring Intermodal Center, andshall’’ after ‘‘shall’’.SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED

FACILITIES.(a) GUARANTEED FUNDING.—Of the amounts

made available to carry out section5309(m)(1)(C) of title 49, United States Code, foreach of fiscal years 1999 and 2000, the Secretaryshall make funds available for the followingprojects in not less than the amounts specifiedfor the fiscal year:

Project

FY1999

(in mil-lions)

FY2000

(in mil-lions)

1. Albuquerque, NM buses ......................... 1.250 1.2502. Alexandria, VA bus maintenance facil-ity ................................................................. 1.000 1.0003. Alexandria, VA King Street Station ac-cess ............................................................... 1.100 0.0004. Altoona, PA Metro Transit Authoritybuses and transit system improvements ..... 0.842 0.8425. Altoona, PA Metro Transit AuthorityLogan Valley Mall Suburban TransferCenter .......................................................... 0.080 0.0006. Altoona, PA Metro Transit AuthorityTransit Center improvements ..................... 0.424 0.0007. Arkansas Highway and Transit De-partment buses ............................................ 0.200 2.0008. Armstrong County-Mid County, PA busfacilities and buses ...................................... 0.150 0.1509. Atlanta, GA MARTA buses ................... 9.000 13.500

10. Austin, TX buses .................................... 1.250 1.25011. Babylon, NY Intermodal Center ............ 1.250 1.25012. Birmingham-Jefferson County, ALbuses ............................................................. 1.250 1.250

13. Boulder/Denver, CO RTD buses ............ 0.625 0.62514. Bradford County, Endless MountainTransportation Authority buses ................. 1.000 0.000

15. Brookhaven Town, NY elderly and dis-abled buses and vans .................................. 0.225 0.000

16. Brooklyn-Staten Island, NY MobilityEnhancement buses ..................................... 0.800 0.000

17. Broward County, FL buses ..................... 1.000 0.00018. Buffalo, NY Auditorium IntermodalCenter .......................................................... 2.000 2.000

19. Buffalo, NY Crossroads Intermodal Sta-tion ............................................................... 1.000 0.000

Project

FY1999

(in mil-lions)

FY2000

(in mil-lions)

20. Cambria County, PA bus facilities andbuses ............................................................. 0.575 0.575

21. Centre Area, PA Transportation Au-thority buses ................................................ 1.250 1.250

22. Chambersburg, PA Transit Authoritybuses ............................................................. 0.300 0.000

23. Chambersburg, PA Transit AuthorityIntermodal Center ....................................... 1.000 0.000

24. Chester County, PA Paoli Transpor-tation Center ............................................... 1.000 1.000

25. Altoona, PA Pedestrian Crossover .......... .800 0.00026. Cleveland, OH Triskett Garage busmaintenance facility ................................... 0.625 0.625

27. Crawford Area, PA Transportationbuses ............................................................. 0.500 0.000

28. Culver City, CA CityBus buses ............. 1.250 1.25029. Davis, CA Unitrans transit mainte-nance facility ............................................... 0.625 0.625

30. Dayton, OH Multimodal Transpor-tation Center ............................................... 0.625 0.625

31. Daytona, FL Intermodal Center ............ 2.500 2.50032. Duluth, MN Transit Authority commu-nity circulation vehicles .............................. 1.000 1.000

33. Duluth, MN Transit Authority intel-ligent transportation systems ...................... 0.500 0.500

34. Duluth, MN Transit Authority TransitHub .............................................................. 0.500 0.500

35. Dutchess County, NY Loop System buses 0.521 0.52136. East Hampton, NY elderly and disabledbuses and vans ............................................ 0.100 0.000

37. Erie, PA Metropolitan Transit Author-ity buses ....................................................... 1.000 1.000

38. Everett, WA Multimodal TransportationCenter .......................................................... 1.950 1.950

39. Fayette County, PA Intermodal Facili-ties and buses .............................................. 1.270 1.270

40. Fayetteville, AR University of ArkansasTransit System buses .................................. 0.500 0.500

41. Fort Dodge, IA Intermodal Facility(Phase II) ..................................................... 0.885 0.885

42. Gary, IN Transit Consortium buses ..... 1.250 1.25043. Grant County, WA buses and vans ....... 0.600 0.00044. Greensboro, NC Multimodal Center ...... 3.340 3.33945. Greensboro, NC Transit Authoritybuses ............................................................. 1.500 1.500

46. Greensboro, NC Transit Authoritysmall buses and vans .................................. 0.321 0.000

47. Hartford, CT Transportation AccessProject .......................................................... 0.800 0.000

48. Healdsburg, CA Intermodal Facility ..... 1.000 1.00049. Honolulu, HI bus facility and buses ..... 2.250 2.25050. Hot Springs, AR Transportation Depotand Plaza .................................................... 0.560 0.560

51. Humboldt, CA Intermodal Facility ....... 1.000 0.00052. Huntington, WV Intermodal Facility ... 8.000 12.00053. Illinois statewide buses and bus-relatedequipment .................................................... 6.800 8.200

54. Indianapolis, IN buses ........................... 5.000 5.00055. Iowa/Illinois Transit Consortium bussafety and security ...................................... 1.000 1.000

56. Ithaca, NY TCAT bus technology im-provements ................................................... 1.250 1.250

57. Lackawanna County, PA Transit Sys-tem buses ..................................................... 0.600 0.600

58. Lakeland, FL Citrus Connection transitvehicles and related equipment .................. 1.250 1.250

59. Lane County, OR Bus Rapid Transit ... 4.400 4.40060. Lansing, MI CATA bus technology im-provements ................................................... 0.600 0.000

61. Little Rock, AR Central ArkansasTransit buses ............................................... 0.300 0.300

62. Livermore, CA automatic vehicle locator 1.000 1.00063. Long Island, NY CNG transit vehiclesand facilities ............................................... 1.250 1.250

64. Los Angeles County, CA Foothill Tran-sit buses ....................................................... 1.625 1.250

65. New York, NY West 72nd St. Inter-modal Station .............................................. 1.750 1.750

66. Los Angeles, CA San Fernando Valleysmart shuttle buses ...................................... 0.300 0.000

67. Los Angeles, CA Union Station Gate-way Intermodal Transit Center ................. 1.250 1.250

68. Maryland statewide bus facilities andbuses ............................................................. 7.000 11.500

69. Rensslear, NY Rensslear IntermodalBus Facility ................................................. 1.000 6.000

70. Mercer County, PA buses ....................... 0.750 0.00071. Miami Beach, FL Electric Shuttle Serv-ice ................................................................. 0.750 0.750

72. Miami-Dade, FL buses ........................... 2.250 2.25073. Michigan statewide buses ....................... 10.000 13.50074. Milwaukee County, WI buses ................ 4.000 6.00075. Mineola/Hicksville, NY LIRR Inter-modal Centers .............................................. 1.250 1.250

76. Modesto, CA bus maintenance facility .. 0.625 0.62577. Monroe County, PA Transportation Au-thority buses ................................................ 1.000 0.000

78. Monterey, CA Monterey-Salinas buses ... 0.625 0.62579. Morongo Basin, CA Transit Authoritybus facility ................................................... 0.650 0.000

80. New Haven, CT bus facility .................. 2.250 2.25081. New Jersey Transit jitney shuttle buses 1.750 1.75082. Newark, NJ Morris & Essex Station ac-cess and buses .............................................. 1.250 1.250

83. Northstar Corridor, MN Intermodal Fa-cilities and buses ......................................... 6.000 10.000

84. Norwich, CT buses ................................. 2.250 2.25085. Ogden, UT Intermodal Center ............... 0.800 0.80086. Oklahoma statewide bus facilities andbuses ............................................................. 5.000 5.000

87. Orlando, FL Downtown Intermodal Fa-cility ............................................................. 2.500 2.500

CONGRESSIONAL RECORD — HOUSE H3865May 22, 1998

Project

FY1999

(in mil-lions)

FY2000

(in mil-lions)

88. Providence, RI buses and bus mainte-nance facility ............................................... 2.250 3.294

89. Perris, CA bus maintenance facility ..... 1.250 1.25090. Philadelphia, PA Frankford Transpor-tation Center ............................................... 5.000 5.000

91. Philadelphia, PA Intermodal 30thStreet Station ............................................... 1.250 1.250

92. Portland, OR Tri-Met buses ................... 1.750 1.75093. Pritchard, AL bus transfer facility ........ 0.500 0.00094. Reading, PA BARTA IntermodalTransportation Facility .............................. 1.750 1.750

95. Red Rose, PA Transit Bus Terminal .... 1.000 0.00096. Richmond, VA GRTC bus maintenancefacility ......................................................... 1.250 1.250

97. Riverhead, NY elderly and disabledbuses and vans ............................................ 0.125 0.000

98. Robinson, PA Towne Center IntermodalFacility ........................................................ 1.500 1.500

99. Rome, NY Intermodal Center ................ 0.400 0.000100. Sacramento, CA CNG buses .................. 1.250 1.250101. San Francisco, CA Islais Creek Mainte-

nance Facility .............................................. 1.250 1.250102. San Juan, Puerto Rico Intermodal access 0.600 0.600103. Santa Clarita, CA facilities and buses 1.250 1.250104. Santa Cruz, CA bus facility .................. 0.625 0.625105. Santa Rosa/Cotati, CA Intermodal

Transportation Facilities ............................ 0.750 0.750106. Seattle, WA Intermodal Transportation

Terminal ..................................................... 1.250 1.250107. Shelter Island, NY elderly and disabled

buses and vans ............................................ 0.100 0.000108. Smithtown, NY elderly and disabled

buses and vans ............................................ 0.125 0.000109. Somerset County, PA bus facilities and

buses ............................................................. 0.175 0.175110. South Amboy, NJ Regional Intermodal

Transportation Initiative ........................... 1.250 1.250111. South Bend, IN Urban Intermodal

Transportation Facility .............................. 1.250 1.250112. South Carolina statewide Virtual Tran-

sit Enterprise ............................................... 1.220 1.220113. South Dakota statewide bus facilities

and buses ..................................................... 1.500 1.500114. Southampton, NY elderly and disabled

buses and vans ............................................ 0.125 0.000115. Southold, NY elderly and disabled buses

and vans ...................................................... 0.100 0.000116. Springfield, MA Union Station ............. 1.250 1.250117. St. Louis, MO Bi-state Intermodal Cen-

ter ................................................................. 1.250 1.250118. Denver, CO Stapleton Intermodal Cen-

ter ................................................................. 1.250 1.250119. Suffolk County, NY elderly and dis-

abled buses and vans .................................. 0.100 0.000120. Texas statewide small urban and rural

buses ............................................................. 4.000 4.500121. Towamencin Township, PA Intermodal

Bus Transportation Center ......................... 1.500 1.500122. Tuscaloosa, AL Intermodal Center ......... 1.000 0.000123. Ukiah, CA Transportation Center ......... 0.500 0.000124. Utah Transit Authority, UT Intermodal

Facilities ...................................................... 1.500 1.500125. Utah Transit Authority/Park City

Transit, UT buses ....................................... 6.500 6.500126. Utica, NY Union Station ....................... 2.100 2.100127. Utica and Rome, NY bus facilities and

buses ............................................................. 0.500 0.000128. Washington County, PA Intermodal Fa-

cilities .......................................................... 0.630 0.630129. Washington, D.C. Intermodal Transpor-

tation Center ............................................... 2.500 2.500130. Washoe County, NV transit improve-

ments ........................................................... 2.250 2.250131. Waterbury, CT bus facility .................... 2.250 2.250132. West Virginia statewide Intermodal Fa-

cility and buses ........................................... 5.000 5.000133. Westchester County, NY Bee-Line tran-

sit system fareboxes ..................................... 0.979 0.979134. Westchester County, NY Bee-Line tran-

sit system shuttle buses ............................... 1.000 1.000135. Westchester County, NY DOT articu-

lated buses ................................................... 1.250 1.250136. Westmoreland County, PA Intermodal

Facility ........................................................ 0.200 0.200137. Wilkes-Barre, PA Intermodal Facility .. 1.250 1.250138. Williamsport, PA Bus Facility .............. 1.200 1.200139. Windsor, CA Intermodal Facility .......... 0.750 0.750140. Wisconsin statewide bus facilities and

buses ............................................................. 8.000 12.000141. Woodland Hills, CA Warner Center

Transportation Hub .................................... 0.325 0.625142. Worcester, MA Union Station Inter-

modal Transportation Center ..................... 2.500 2.500143. Lynchburg, VA buses .............................. 0.200 0.000144. Harrisonburg, VA buses ......................... 0.200 0.000145. Roanoke, VA buses .................................. 0.200 0.000146. Allegheny County, PA buses ................... 0.000 1.500147. Mount Vernon, WA Multimodal Center 1.750 1.750148. New Bedford/Fall River, MA Mobile

Access to health care .................................... 0.250 0.000149. Philadelphia, PA Regional Transpor-

tation System for Elderly and Disabled ..... 0.750 0.000150. Clark County, NV Regional Transpor-

tation Commission ...................................... 1.250 1.250

(b) GENERAL FUND AUTHORIZATION.—Of theamounts authorized to be appropriated to carryout section 5309(m)(1)(C) of title 49, UnitedStates Code, for each of fiscal years 1999 and

2000, there are authorized to be appropriated forthe following projects:

Project

FY1999

(in mil-lions)

FY2000

(in mil-lions)

1. Everett, WA Multimodal TransportationCenter .......................................................... 1.000 1.0002. Rennslear, NY Rennslear IntermodalBus Facility ................................................. 4.000 0.0003. Rochester, NY Rochester Central BusFacility ........................................................ 12.500 12.5004. Long Beach, NY Long Beach CentralBus Facility ................................................. 0.750 0.7505. Broome County, NY Buses and RelatedEquipment ................................................... 2.700 2.7006. Long Island, NY CNG Transit Vehiclesand Facilities .............................................. 3.050 3.050

SEC. 3032. CONTRACTING OUT STUDY.(a) STUDY.—Not later than 3 months after the

date of enactment of this Act, the Secretaryshall enter into an agreement with the Trans-portation Research Board of the National Acad-emy of Sciences to conduct a study of the effectof contracting out mass transportation oper-ation administrative functions on cost, avail-ability and level of service, efficiency, safety,quality of services provided to transit-dependentpopulations, and employer-employee relations.

(b) TERMS OF AGREEMENT.—The agreemententered into in subsection (a) shall providethat—

(1) the Transportation Research Board, inconducting the study, consider the number ofgrant recipients that have contracted out serv-ices, the size of the population served by suchgrant recipients, the basis for decisions regard-ing contracting out, and the extent to whichcontracting out was affected by the integrationand coordination of resources of transit agenciesand other Federal agencies and programs; and

(2) the panel conducting the study shall in-clude representatives of transit agencies, em-ployees of transit agencies, private contractors,academic and policy analysts, and other inter-ested persons.

(c) REPORT.—Not later than 24 months afterthe date of entry into the agreement under sub-section (a), the Secretary shall transmit to theCommittee on Transportation and Infrastruc-ture of the House of Representatives and theCommittee on Banking, Housing, and Urban Af-fairs of the Senate a report containing the re-sults of the study.

(d) FUNDING.—There shall be available fromthe Mass Transit Account of the Highway TrustFund to carry out this section $250,000 for fiscalyear 1998.

(e) CONTRACTUAL OBLIGATION.—Entry into anagreement to carry out this section that is fi-nanced with amounts made available under sub-section (c) is a contractual obligation of theUnited States to pay the Government’s share ofthe cost of the study.SEC. 3033. URBANIZED AREA FORMULA STUDY.

(a) STUDY.—The Secretary shall conduct astudy to determine whether the formula for ap-portioning funds to urbanized areas under sec-tion 5336 of title 49, United States Code, accu-rately reflects the transit needs of the urbanizedareas and, if not, whether any changes shouldbe made either to the formula or through someother mechanism to reflect the fact that someurbanized areas with a population between50,000 and 200,000 have transit systems thatcarry more passengers per mile or hour than theaverage of those transit systems in urbanizedareas with a population over 200,000.

(b) REPORT.—Not later than December 31,1999, the Secretary shall transmit to the Commit-tee on Transportation and Infrastructure of theHouse of Representatives and the Committee onBanking, Housing, and Urban Affairs of theSenate a report on the results of the study con-ducted under this section, together with anyproposed changes to the method for apportion-ing funds to urbanized areas with a populationover 50,000.

SEC. 3034. COORDINATED TRANSPORTATIONSERVICES.

(a) STUDY.—The Comptroller General shallconduct a study of Federal departments andagencies (other than the Department of Trans-portation) that receive Federal financial assist-ance for non-emergency transportation services.

(b) CONTENTS.—In conducting the study, theComptroller General shall—

(1) identify each Federal department andagency (other than the Department of Transpor-tation) that has received Federal financial as-sistance for non-emergency transportation serv-ices in any of the 3 fiscal years preceding thedate of enactment of this Act;

(2) identify the amount of such assistance re-ceived by each Federal department and agencyin such fiscal years; and

(3) identify the projects and activities fundedusing such financial assistance.

(c) REPORT.—Not later than 1 year after thedate of enactment of this Act, the ComptrollerGeneral shall transmit to the Committee onTransportation and Infrastructure of the Houseof Representatives and the Committee on Bank-ing, Housing, and Urban Affairs of the Senatea report containing the results of the study andany recommendations for enhanced coordina-tion between the Department of Transportationand other Federal departments and agenciesthat provide funding for non-emergency trans-portation.SEC. 3035. FINAL ASSEMBLY OF BUSES.

(a) IN GENERAL.—All buses manufactured onor after September 1, 1999, that are purchasedwith Federal funds by recipients of assistancefrom the Federal Transit Administration shallconform with the Federal Transit Administra-tion Guidance on Buy America Requirements,dated March 18, 1997.

(b) RULE OF CONSTRUCTION.—For purposes ofthis section, a bus shall be considered to bemanufactured on or after September 1, 1999, ifthe manufacturing process for that bus is notcompleted on or before August 31, 1999.SEC. 3036. CLEAN FUEL VEHICLES.

(a) STUDY.—The Comptroller General shallconduct a study of the various low and zeroemission fuel technologies for transit vehicles,including compressed natural gas, liquefied nat-ural gas, biodiesel fuel, battery, alcohol basedfuel, hybrid electric, fuel cell, and clean dieselto determine—

(1) the status of the development and use ofsuch technologies;

(2) the environmental benefits of such tech-nologies under the Clean Air Act; and

(3) the cost of such technologies and any asso-ciated equipment.

(b) REPORT.—Not later than January 1, 2000,the Comptroller General shall transmit to theCommittee on Transportation and Infrastruc-ture of the House of Representatives and theCommittee on Banking, Housing and Urban Af-fairs of the Senate a report on the results of thestudy, together with recommendations for incen-tives to encourage the use of low and zero emis-sion fuel technology for transit vehicles.SEC. 3037. JOB ACCESS AND REVERSE COMMUTE

GRANTS.(a) FINDINGS.—Congress finds that—(1) two-thirds of all new jobs are in the sub-

urbs, whereas three-quarters of welfare recipi-ents live in rural areas or central cities;

(2) even in metropolitan areas with excellentpublic transit systems, less than half of the jobsare accessible by transit;

(3) in 1991, the median price of a new car wasequivalent to 25 weeks of salary for the averageworker, and considerably more for the low-in-come worker;

(4) not less than 9,000,000 households and10,000,000 Americans of driving age, most ofwhom are low-income workers, do not own cars;

(5) 94 percent of welfare recipients do not owncars;

(6) nearly 40 percent of workers with annualincomes below $10,000 do not commute by car;

CONGRESSIONAL RECORD — HOUSEH3866 May 22, 1998(7) many of the 2,000,000 Americans who will

have their Temporary Assistance to Needy Fam-ilies grants (under the State program fundedunder part A of title IV of the Social SecurityAct (42 U.S.C. 601 et seq.)) terminated by theyear 2002 will be unable to get to jobs they couldotherwise hold;

(8) increasing the transit options for low-in-come workers, especially those who are receivingor who have recently received welfare benefits,will increase the likelihood of those workers get-ting and keeping jobs; and

(9) many residents of cities and rural areaswould like to take advantage of mass transit togain access to suburban employment opportuni-ties.

(b) DEFINITIONS.—In this section, the follow-ing definitions shall apply:

(1) ELIGIBLE LOW-INCOME INDIVIDUAL.—Theterm ‘‘eligible low-income individual’’ means anindividual whose family income is at or below150 percent of the poverty line (as that term isdefined in section 673(2) of the Community Serv-ices Block Grant Act (42 U.S.C. 9902(2)), includ-ing any revision required by that section) for afamily of the size involved.

(2) ELIGIBLE PROJECT AND RELATED TERMS.—(A) IN GENERAL.—The term ‘‘eligible project’’

means an access to jobs project or a reverse com-mute project.

(B) ACCESS TO JOBS PROJECT.—The term ‘‘ac-cess to jobs project’’ means a project relating tothe development of transportation services de-signed to transport welfare recipients and eligi-ble low-income individuals to and from jobs andactivities related to their employment. The Sec-retary may make access to jobs grants for—

(i) capital projects and to finance operatingcosts of equipment, facilities, and associatedcapital maintenance items related to providingaccess to jobs under this section;

(ii) promoting the use of transit by workerswith nontraditional work schedules;

(iii) promoting the use by appropriate agenciesof transit vouchers for welfare recipients and el-igible low-income individuals under specificterms and conditions developed by the Sec-retary; and

(iv) promoting the use of employer-providedtransportation, including the transit pass bene-fit program under section 132 of the InternalRevenue Code of 1986.

(C) REVERSE COMMUTE PROJECT.—The term‘‘reverse commute project’ means a project relat-ed to the development of transportation servicesdesigned to transport residents of urban areas,urbanized areas, and areas other than urban-ized areas to suburban employment opportuni-ties, including any project to—

(i) subsidize the costs associated with addingreverse commute bus, train, carpool, van routes,or service from urban areas, urbanized areas,and areas other than urbanized areas, to subur-ban workplaces;

(ii) subsidize the purchase or lease by a non-profit organization or public agency of a van orbus dedicated to shuttling employees from theirresidences to a suburban workplace; or

(iii) otherwise facilitate the provision of masstransportation services to suburban employmentopportunities.

(3) EXISTING TRANSPORTATION SERVICE PRO-VIDERS.—The term ‘‘existing transportationservice providers’’ means mass transportationoperators and governmental agencies and non-profit organizations that receive assistance fromFederal, State, or local sources for non-emergency transportation services.

(4) QUALIFIED ENTITY.—The term ‘‘qualifiedentity’’ means—

(A) with respect to any proposed eligibleproject in an urbanized area with a populationof at least 200,000, the applicant or applicantsselected by the appropriate metropolitan plan-ning organization that meets the requirementsof this section, including the planning and co-ordination requirements in subsection (i), fromamong local governmental authorities and agen-cies and nonprofit organizations; and

(B) with respect to any proposed eligibleproject in an urbanized area with a populationof at least 200,000, or an area other than an ur-banized area, the applicant or applicants se-lected by the chief executive officer of the Statein which the area is located that meets the re-quirements of this section, including the plan-ning and coordination requirements in sub-section (i), from among local governmental au-thorities and nonprofit organizations.

(5) WELFARE RECIPIENT.—The term ‘‘welfarerecipient’’ means an individual who receives orreceived aid or assistance under a State programfunded under part A of title IV of the Social Se-curity Act (whether in effect before or after theeffective date of the amendments made by title Iof the Personal Responsibility and Work Oppor-tunity Reconciliation Act of 1996 (Public Law104–193; 110 Stat. 2110)) at any time during the3-year period before the date on which the ap-plicant applies for a grant under this section.

(c) GENERAL AUTHORITY.—(1) IN GENERAL.—The Secretary may make ac-

cess to jobs grants and reverse commute grantsunder this section to assist qualified entities infinancing eligible projects.

(2) COORDINATION.—The Secretary shall co-ordinate activities under this section with relat-ed activities under programs of other Federaldepartments and agencies.

(d) APPLICATIONS.—Each qualified entityseeking to receive a grant under this section foran eligible project shall submit to the Secretaryan application in such form and in accordancewith such requirements as the Secretary shallestablish.

(e) PROHIBITION.—Grants awarded under thissection may not be used for planning or coordi-nation activities.

(f) FACTORS FOR CONSIDERATION.—In award-ing grants under this section to applicantsunder subsection (d), the Secretary shall con-sider—

(1) the percentage of the population in thearea to be served by the applicant that are wel-fare recipients;

(2) in the case of an applicant seeking assist-ance to finance an access to jobs project, theneed for additional services in the area to beserved by the applicant (including bicycling) totransport welfare recipients and eligible low-in-come individuals to and from specified jobs,training, and other employment support serv-ices, and the extent to which the proposed serv-ices will address those needs;

(3) the extent to which the applicant dem-onstrates—

(A) coordination with, and the financial com-mitment of, existing transportation service pro-viders; and

(B) coordination with the State agency thatadministers the State program funded underpart A of title IV of the Social Security Act;

(4) the extent to which the applicant dem-onstrates maximum utilization of existing trans-portation service providers and expands transitnetworks or hours of service, or both;

(5) the extent to which the applicant dem-onstrates an innovative approach that is re-sponsive to identified service needs;

(6) the extent to which the applicant—(A) in the case of an applicant seeking assist-

ance to finance an access to jobs project, pre-sents a regional transportation plan for address-ing the transportation needs of welfare recipi-ents and eligible low-income individuals; and

(B) identifies long-term financing strategies tosupport the services under this section;

(7) the extent to which the applicant dem-onstrates that the community to be served hasbeen consulted in the planning process; and

(8) in the case of an applicant seeking assist-ance to finance a reverse commute project, theneed for additional services identified in a re-gional transportation plan to transport individ-uals to suburban employment opportunities, andthe extent to which the proposed services willaddress those needs.

(g) COMPETITIVE GRANT SELECTION.—The Sec-retary shall conduct a national solicitation forapplications for grants under this section.Grantees shall be selected on a competitivebasis.

(h) COST SHARING.—(1) MAXIMUM AMOUNT.—The amount of a

grant under this section may not exceed 50 per-cent of the total project cost.

(2) NONGOVERNMENTAL SHARE.—(A) IN GENERAL.—The portion of the total cost

of an eligible project that is not funded underthis section—

(i) shall be provided in cash from sourcesother than revenues from providing mass trans-portation, but may include amounts receivedunder a service agreement; and

(ii) may be derived from amounts appropriatedto or made available to a department or agencyof the Federal Government (other than the De-partment of Transportation) that are eligible tobe expended for transportation.

(B) INAPPLICABILITY.—For purposes of sub-paragraph (A)(ii), the prohibitions on the use offunds for matching requirements under section403(a)(5)(C)(ii) of the Social Security Act shallnot apply to Federal or State funds to be usedfor transportation services.

(i) PLANNING REQUIREMENTS.—(1) IN GENERAL.—The requirements of sections

5303 through 5306 of title 49, United States Code,apply to any grant made under this section.

(2) COORDINATION.—Each application for agrant under this section shall reflect coordina-tion with and the approval of affected transitgrant recipients. The eligible access to jobsprojects financed under this section shall bepart of a coordinated public transit-human serv-ices transportation planning process.

(j) GRANT REQUIREMENTS.—A grant under thissection shall be subject to—

(1) all of the terms and conditions to which agrant made under section 5307 of title 49, UnitedStates Code, is subject; and

(2) such other terms and conditions as are de-termined by the Secretary.

(k) PROGRAM EVALUATION.—(1) COMPTROLLER GENERAL.—Beginning 6

months after the date of enactment of this Act,and every 6 months thereafter, the ComptrollerGeneral of the United States shall—

(A) conduct a study to evaluate the grant pro-gram authorized under this section; and

(B) submit to the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives and the Committee on Banking,Housing, and Urban Affairs of the Senate a re-port describing the results of each study undersubparagraph (A).

(2) DEPARTMENT OF TRANSPORTATION.—Notlater than 2 years after the date of enactment ofthis Act, the Secretary shall—

(A) conduct a study to evaluate the access tojobs grant program authorized under this sec-tion; and

(B) submit to the Committee on Transpor-tation and Infrastructure of the House of Rep-resentatives and the Committee on Banking,Housing, and Urban Affairs of the Senate a re-port describing the results of the study undersubparagraph (A).

(l) AUTHORIZATION AND ALLOCATION.—(1) IN GENERAL.—(A) FROM THE TRUST FUND.—There shall be

available from the Mass Transit Account of theHighway Trust Fund to carry out this section—

(i) $40,000,000 for fiscal year 1999;(ii) $60,000,000 for fiscal year 2000;(iii) $80,000,000 for fiscal year 2001;(iv) $100,000,000 for fiscal year 2002; and(v) $120,000,000 for fiscal year 2003.(B) FROM THE GENERAL FUND.—In addition to

amounts made available under subparagraph(A), there are authorized to be appropriated tocarry out this section—

(i) $10,000,000 for fiscal year 1999;(ii) $15,000,000 for fiscal year 2000;(iii) $20,000,000 for fiscal year 2001;

CONGRESSIONAL RECORD — HOUSE H3867May 22, 1998(iv) $25,000,000 for fiscal year 2002; and(v) $30,000,000 for fiscal year 2003.(C) ADDITIONAL AMOUNTS FROM THE GENERAL

FUND.—In addition to amounts made availableunder subparagraphs (A) and (B), there are au-thorized to be appropriated to carry out this sec-tion—

(i) $100,000,000 for fiscal year 1999;(ii) $75,000,000 for fiscal year 2000;(iii) $50,000,000 for fiscal year 2001; and(iv) $25,000,000 for fiscal year 2002.(2) SET-ASIDE FOR REVERSE COMMUTE

PROJECTS.—Of amounts made available by orappropriated under subparagraphs (A) and (B)of paragraph (1) to carry out this section ineach fiscal year, not more than $10,000,000 shallbe used for grants for reverse commute projects.

(3) ALLOCATION.—The amounts made avail-able by or appropriated under paragraph (1) tocarry out this section in each fiscal year shall beallocated as follows:

(A) 60 percent shall be allocated for eligibleprojects in urbanized areas with populations ofat least 200,000.

(B) 20 percent shall be allocated for eligibleprojects in urbanized areas with populations ofat least 200,000.

(C) 20 percent shall be allocated for eligibleprojects in areas other than urbanized areas.SEC. 3038. RURAL TRANSPORTATION ACCESSIBIL-

ITY INCENTIVE PROGRAM.(a) DEFINITIONS.—In this section, the follow-

ing definitions apply:(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD

BUS SERVICE.—The term ‘‘intercity, fixed-routeover-the-road bus service’’ means regularlyscheduled bus service for the general public,using an over-the-road bus, that—

(A) operates with limited stops over fixedroutes connecting 2 or more urban areas not inclose proximity;

(B) has the capacity for transporting baggagecarried by passengers; and

(C) makes meaningful connections with sched-uled intercity bus service to more distant points.

(2) OTHER OVER-THE-ROAD BUS SERVICE.—Theterm ‘‘other over-the-road bus service’’ meansany other transportation using over-the-roadbuses including local fixed-route service, com-muter service, and charter or tour service (in-cluding tour or excursion service that includesfeatures in addition to bus transportation suchas meals, lodging, admission to points of interestor special attractions or the services of a tourguide).

(3) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’ means a bus characterized by an ele-vated passenger deck located over a baggagecompartment.

(b) GENERAL AUTHORITY.—The Secretary shallmake grants under this section to operators ofover-the-road buses to finance the incrementalcapital and training costs of complying with theDepartment of Transportation’s final rule re-garding accessibility of over-the-road buses re-quired by section 306(a)(2)(B) of the Americanswith Disabilities Act of 1990 (42 U.S.C.12186(a)(2)(B)).

(c) GRANT CRITERIA.—In selecting applicantsfor grants under this section, the Secretary shallconsider—

(1) the identified need for over-the-road busaccessibility for persons with disabilities in theareas served by the applicant;

(2) the extent to which the applicant dem-onstrates innovative strategies and financialcommitment to providing access to over-the-roadbuses to persons with disabilities;

(3) the extent to which the over-the-road busoperator acquires equipment required by thefinal rule prior to any required timeframe in thefinal rule;

(4) the extent to which financing the costs ofcomplying with the Department of Transpor-tation’s final rule regarding accessibility ofover-the-road buses presents a financial hard-ship for the applicant; and

(5) the impact of accessibility requirements onthe continuation of over-the-road bus service,

with particular consideration of the impact ofthe requirements on service to rural areas andfor low-income individuals.

(d) COMPETITIVE GRANT SELECTION.—The Sec-retary shall conduct a national solicitation forapplications for grants under this section.Grantees shall be selected on a competitivebasis.

(e) FEDERAL SHARE OF COSTS.—The Federalshare of costs under this section shall be pro-vided from funds made available to carry outthis section. The Federal share of the costs fora project shall not exceed 50 percent of theproject cost.

(f) GRANT REQUIREMENTS.—A grant under thissection shall be subject to all of the terms andconditions applicable to subrecipients who pro-vide intercity bus transportation under section5311(f) of title 49, United States Code, and suchother terms and conditions as the Secretary mayprescribe.

(g) FUNDING.—(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD

BUS SERVICE.—Of amounts made available by orappropriated under section 5338(a)(2) of title 49,United States Code, (before allocation undersection 5338(a)(2)(C) of that title) the followingamounts shall be available for operators ofintercity, fixed-route over-the-road bus serviceto finance the incremental capital and trainingcosts of the Department of Transportation’sfinal rule regarding accessibility of over-the-road buses:

(A) $2,000,000 for fiscal year 1999.(B) $2,000,000 for fiscal year 2000.(C) $3,000,000 for fiscal year 2001.(D) $5,250,000 for fiscal year 2002.(E) $5,250,000 for fiscal year 2003.(2) OTHER OVER-THE-ROAD BUS SERVICE.—Of

amounts made available by or appropriatedunder section 5338(a)(2) of title 49, United StatesCode, (before allocation under section5338(a)(2)(C) of that title) $6,800,000 shall beavailable for each of fiscal years 2000 through2003 for operators of other over-the-road busservice to finance the incremental capital andtraining costs of the Department of Transpor-tation’s final rule regarding accessibility ofover-the-road buses.SEC. 3039. STUDY OF TRANSIT NEEDS IN NA-

TIONAL PARKS AND RELATED PUB-LIC LANDS.

(a) PURPOSES.—The purposes of this sectionare to encourage and promote the developmentof transportation systems for the betterment ofthe national parks and other units of the Na-tional Park System, national wildlife refuges,recreational areas, and other public lands inorder to conserve natural, historical, and cul-tural resources and prevent adverse impact, re-lieve congestion, minimize transportation fuelconsumption, reduce pollution (including noiseand visual pollution), and enhance visitor mo-bility and accessibility and the visitor experi-ence.

(b) STUDY.—(1) IN GENERAL.—The Secretary, in coordina-

tion with the Secretary of the Interior, shall un-dertake a comprehensive study of alternativetransportation needs in national parks and re-lated public lands managed by Federal landmanagement agencies in order to carry out thepurposes described in subsection (a). The studyshall be submitted to the Committee on Trans-portation and Infrastructure of the House ofRepresentatives and the Committee on Banking,Housing, and Urban Affairs of the Senate notlater than January 1, 2000.

(2) STUDY ELEMENTS.—The study required byparagraph (1) shall—

(A) identify transportation strategies that im-prove the management of the national parksand related public lands;

(B) identify national parks and related publiclands with existing and potential problems ofadverse impact, high congestion, and pollution,or which can benefit from alternative transpor-tation modes;

(C) assess the feasibility of alternative trans-portation modes; and

(D) identify and estimate the costs of alter-native transportation modes for each of the na-tional parks and related public lands referred toin paragraph (1).SEC. 3040. OBLIGATION CEILING.

Notwithstanding any other provision of law,the total of all obligations from amounts madeavailable from the Mass Transit Account of theHighway Trust Fund by, and amounts appro-priated under, subsections (a) through (f) of sec-tion 5338 of title 49, United States Code, andsubparagraphs (A) and (B) of section 3037(l)(1)of this Act, shall not exceed—

(1) $5,315,000,000 in fiscal year 1999;(2) $5,798,000,000 in fiscal year 2000;(3) $6,271,000,000 in fiscal year 2001;(4) $6,746,000,000 in fiscal year 2002; and(5) $7,226,000,000 in fiscal year 2003.

SEC. 3041. ADJUSTMENTS FOR THE SURFACETRANSPORTATION EXTENSION ACTOF 1997.

(a) IN GENERAL.—Notwithstanding any otherprovision of law, the Secretary shall ensure thatthe total apportionments and allocations madeto a designated grant recipient under section5338 of title 49, United States Code, for fiscalyear 1998 shall be reduced by the amount appor-tioned to such designated recipient pursuant tosection 8 of the Surface Transportation Exten-sion Act of 1997 (111 Stat. 2559).

(b) FIXED GUIDEWAY MODERNIZATION ADJUST-MENT.—In making the apportionments describedin subsection (a), the Secretary shall adjust theamount apportioned to each urbanized area forfixed guideway modernization for fiscal year1998 to reflect the method for apportioningfunds in section 5337(a) of title 49, United StatesCode.

TITLE IV—MOTOR CARRIER SAFETYSEC. 4001. AMENDMENTS TO TITLE 49, UNITED

STATES CODE.Except as otherwise specifically provided,

whenever in this title an amendment or repeal isexpressed in terms of an amendment to, or re-peal of, a section or other provision of law, thereference shall be considered to be made to asection or other provision of title 49, UnitedStates Code.SEC. 4002. STATEMENT OF PURPOSES.

(a) IN GENERAL.—Chapter 311 is amended byinserting before section 31101 the following:‘‘§ 31100. Purpose

‘‘The purpose of this subchapter is to ensurethat the Secretary, States, and other politicaljurisdictions work in partnership to establishprograms to improve motor carrier, commercialmotor vehicle, and driver safety to support asafe and efficient transportation system by—

‘‘(1) focusing resources on strategic safety in-vestments to promote safe for-hire and privatetransportation, including transportation of pas-sengers and hazardous materials, to identifyhigh-risk carriers and drivers, and to invest inactivities likely to generate maximum reductionsin the number and severity of commercial motorvehicle crashes;

‘‘(2) increasing administrative flexibility anddeveloping and enforcing effective, compatible,and cost-beneficial motor carrier, commercialmotor vehicle, and driver safety regulations andpractices, including improving enforcement ofState and local traffic safety laws and regula-tions;

‘‘(3) assessing and improving statewide pro-gram performance by setting program outcomegoals, improving problem identification andcountermeasures planning, designing appro-priate performance standards, measures, andbenchmarks, improving performance informationand analysis systems, and monitoring programeffectiveness;

‘‘(4) ensuring that drivers of commercial motorvehicles and enforcement personnel obtain ade-quate training in safe operational practices andregulatory requirements; and

CONGRESSIONAL RECORD — HOUSEH3868 May 22, 1998‘‘(5) advancing promising technologies and

encouraging adoption of safe operational prac-tices.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 311 is amended by inserting beforethe item relating to section 31101 the following:‘‘31100. Purpose.’’.SEC. 4003. STATE GRANTS.

(a) DEFINITIONS.—Section 31101 is amended—(1) in paragraph (1)(A)—(A) by inserting ‘‘or gross vehicle weight’’

after ‘‘rating’’; and(B) by striking ‘‘10,000 pounds’’ and inserting

‘‘10,001 pounds, whichever is greater’’; and(2) in paragraph (1)(C) by inserting ‘‘and

transported in a quantity requiring placardingunder regulations prescribed by the Secretaryunder section 5103’’ after ‘‘title’’.

(b) PERFORMANCE-BASED GRANTS AND HAZ-ARDOUS MATERIALS TRANSPORTATION SAFETY.—Section 31102 is amended—

(1) in subsection (a)—(A) by inserting ‘‘improving motor carrier

safety and’’ after ‘‘programs for’’; and(B) by inserting ‘‘, hazardous materials trans-

portation safety,’’ after ‘‘commercial motor vehi-cle safety’’; and

(2) in the first sentence of paragraph (b)(1)—(A) by striking ‘‘adopt and assume respon-

sibility for enforcing’’ and inserting ‘‘assume re-sponsibility for improving motor carrier safetyand to adopt and enforce’’; and

(B) by inserting ‘‘, hazardous materials trans-portation safety,’’ after ‘‘commercial motor vehi-cle safety’’.

(c) CONTENTS OF STATE PLANS.—Section31102(b)(1) is amended—

(1) in subparagraph (J) by inserting ‘‘(1)’’after ‘‘(c)’’;

(2) by striking subparagraphs (K), (L), and(M) and inserting the following:

‘‘(K) ensures that the State agency will co-ordinate the plan, data collection, and informa-tion systems with State highway safety pro-grams under title 23;

‘‘(L) ensures participation in SAFETYNETand other information systems by all appro-priate jurisdictions receiving funding under thissection;

‘‘(M) ensures that information is exchangedamong the States in a timely manner;’’;

(3) in subparagraph (O)—(A) by inserting after ‘‘activities’’ the follow-

ing: ‘‘in support of national priorities and per-formance goals, including’’;

(B) by striking ‘‘to remove’’ in clause (i) andinserting ‘‘activities aimed at removing’’;

(C) by striking ‘‘to provide’’ in clause (ii) andinserting ‘‘activities aimed at providing’’;

(D) by inserting ‘‘and’’ after the semicolon atthe end of clause (ii); and

(E) by striking clauses (iii) and (iv) and in-serting the following:

‘‘(iii) interdiction activities affecting thetransportation of controlled substances by com-mercial motor vehicle drivers and training onappropriate strategies for carrying out thoseinterdiction activities;’’;

(4) by striking subparagraph (P) and insertingthe following:

‘‘(P) provides that the State will establish aprogram to ensure the proper and timely correc-tion of commercial motor vehicle safety viola-tions noted during an inspection carried outwith funds authorized under section 31104;’’;

(5) in subparagraph (Q)—(A) by striking ‘‘31140 and 31146’’ and insert-

ing ‘‘31138 and 31139’’; and(B) by striking the period at the end and in-

serting a semicolon;(6) by redesignating subparagraphs (A)

through (Q) as subparagraphs (B) through (R),respectively;

(7) by inserting before subparagraph (B) (asredesignated by paragraph (6) of this sub-section) the following:

‘‘(A) implements performance-based activitiesby fiscal year 2000;’’; and

(8) by adding at the end the following:‘‘(S) ensures consistent, effective, and reason-

able sanctions; and‘‘(T) ensures that roadside inspections will be

conducted at a location that is adequate to pro-tect the safety of drivers and enforcement per-sonnel.’’.

(d) FEDERAL SHARE.—Section 31103 is amend-ed—

(1) by inserting ‘‘(a) COMMERCIAL MOTOR VE-HICLE SAFETY PROGRAMS AND ENFORCEMENT.—’’before ‘‘The Secretary of Transportation’’;

(2) by inserting ‘‘improve commercial motorvehicle safety and’’ before ‘‘enforce’’; and

(3) by adding at the end the following:‘‘(b) OTHER ACTIVITIES.—The Secretary may

reimburse State agencies, local governments, orother persons up to 100 percent for public edu-cation activities authorized by section31104(f)(2).’’.

(e) AUTHORIZATION OF APPROPRIATIONS.—Sec-tion 31104(a) is amended to read as follows:

‘‘(a) IN GENERAL.—The following amounts aremade available from the Highway Trust Fund(other than the Mass Transit Account) for theSecretary of Transportation to incur obligationsto carry out section 31102:

‘‘(1) Not more than $79,000,000 for fiscal year1998.

‘‘(2) Not more than $90,000,000 for fiscal year1999.

‘‘(3) Not more than $95,000,000 for fiscal year2000.

‘‘(4) Not more than $100,000,000 for fiscal year2001.

‘‘(5) Not more than $105,000,000 for fiscal year2002.

‘‘(6) Not more than $110,000,000 for fiscal year2003.’’.

(f) CONFORMING AMENDMENT.—Section31104(b) is amended by striking ‘‘(1)’’ and bystriking paragraph (2).

(g) ALLOCATION CRITERIA AND ELIGIBILITY.—Section 31104 is further amended—

(1) by striking subsections (f) and (g) and in-serting the following:

‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—‘‘(1) IN GENERAL.—On October 1 of each fiscal

year or as soon after that date as practicableand after making the deduction under sub-section (e), the Secretary shall allocate amountsmade available to carry out section 31102 forsuch fiscal year among the States with plansapproved under section 31102. Such allocationshall be made under such criteria as the Sec-retary prescribes by regulation.

‘‘(2) HIGH-PRIORITY AND BORDER ACTIVITIES.—‘‘(A) HIGH-PRIORITY ACTIVITIES AND

PROJECTS.—The Secretary may designate up to 5percent of amounts available for allocationunder paragraph (1) for States, local govern-ments, and other persons for carrying out highpriority activities and projects that improvecommercial motor vehicle safety and compliancewith commercial motor vehicle safety regula-tions, including activities and projects that arenational in scope, increase public awarenessand education, or demonstrate new tech-nologies. The amounts designated under thissubparagraph shall be allocated by the Sec-retary to State agencies, local governments, andother persons that use and train qualified offi-cers and employees in coordination with Statemotor vehicle safety agencies.

‘‘(B) BORDER COMMERCIAL MOTOR VEHICLESAFETY AND ENFORCEMENT PROGRAMS.—The Sec-retary may designate up to 5 percent of amountsavailable for allocation under paragraph (1) forStates, local governments, and other persons forcarrying out border commercial motor vehiclesafety programs and enforcement activities andprojects. The amounts designated under thissubparagraph shall be allocated by the Sec-retary to State agencies, local governments, andother persons that use and train qualified offi-cers and employees in coordination with Statemotor vehicle safety agencies.’’;

(2) by redesignating subsection (h) as sub-section (g);

(3) by striking subsection (i); and(4) by redesignating subsection (j) as sub-

section (h).(h) SAVINGS CLAUSE.—Amendments made by

this section shall not affect any funds madeavailable before the date of enactment of thisAct.SEC. 4004. INFORMATION SYSTEMS.

(a) IN GENERAL.—Section 31106 is amended toread as follows:‘‘§ 31106. Information systems

‘‘(a) INFORMATION SYSTEMS AND DATA ANALY-SIS.—

‘‘(1) IN GENERAL.—Subject to the provisions ofthis section, the Secretary shall establish andoperate motor carrier, commercial motor vehicle,and driver information systems and data analy-sis programs to support safety regulatory andenforcement activities required under this title.

‘‘(2) NETWORK COORDINATION.—In cooperationwith the States, the information systems underthis section shall be coordinated into a networkproviding accurate identification of motor car-riers and drivers, commercial motor vehicle reg-istration and license tracking, and motor car-rier, commercial motor vehicle, and driver safetyperformance data.

‘‘(3) DATA ANALYSIS CAPACITY AND PRO-GRAMS.—The Secretary shall develop and main-tain under this section data analysis capacityand programs that provide the means to—

‘‘(A) identify and collect necessary motor car-rier, commercial motor vehicle, and driver data;

‘‘(B) evaluate the safety fitness of motor car-riers and drivers;

‘‘(C) develop strategies to mitigate safety prob-lems and to use data analysis to address andmeasure the effectiveness of such strategies andrelated programs;

‘‘(D) determine the cost-effectiveness of Fed-eral and State safety compliance and enforce-ment programs and other countermeasures; and

‘‘(E) adapt, improve, and incorporate otherinformation and information systems as the Sec-retary determines appropriate.

‘‘(4) STANDARDS.—To implement this section,the Secretary shall prescribe technical and oper-ational standards to ensure—

‘‘(A) uniform, timely, and accurate informa-tion collection and reporting by the States andother entities as determined appropriate by theSecretary;

‘‘(B) uniform Federal, State, and local policiesand procedures necessary to operate the infor-mation system; and

‘‘(C) the reliability and availability of the in-formation to the Secretary and States.

‘‘(b) PERFORMANCE AND REGISTRATION INFOR-MATION PROGRAM.—

‘‘(1) INFORMATION CLEARINGHOUSE.—The Sec-retary shall include, as part of the motor carrierinformation system authorized by this section, aprogram to establish and maintain a clearing-house and repository of information related toState registration and licensing of commercialmotor vehicles, the registrants of such vehicles,and the motor carriers operating such vehicles.The clearinghouse and repository may includeinformation on the safety fitness of each of themotor carriers and registrants and other infor-mation the Secretary considers appropriate, in-cluding information on motor carrier, commer-cial motor vehicle, and driver safety perform-ance.

‘‘(2) DESIGN.—The program shall link Federalmotor carrier safety information systems withState driver and commercial vehicle registrationand licensing systems and shall be designed toenable a State to—

‘‘(A) determine the safety fitness of a motorcarrier or registrant when licensing or register-ing the registrant or motor carrier or while thelicense or registration is in effect; and

‘‘(B) decide, in cooperation with the Sec-retary, whether and what types of sanctions oroperating limitations to impose on the motorcarrier or registrant to ensure safety.

CONGRESSIONAL RECORD — HOUSE H3869May 22, 1998‘‘(3) CONDITIONS FOR PARTICIPATION.—The

Secretary shall require States, as a condition ofparticipation in the program, to—

‘‘(A) comply with the uniform policies, proce-dures, and technical and operational standardsprescribed by the Secretary under subsection(a)(4); and

‘‘(B) possess or seek authority to impose com-mercial motor vehicle registration sanctions onthe basis of a Federal safety fitness determina-tion.

‘‘(4) FUNDING.—The Secretary may makeavailable up to 50 percent of the amounts avail-able to carry out this section by section 31107 ineach of fiscal years 1998, 1999, 2000, 2001, 2002,and 2003 to carry out this subsection. The Sec-retary is encouraged to direct no less than 80percent of amounts made available to carry outthis subsection to States that have not pre-viously received financial assistance to developor implement the information systems author-ized by this section.

‘‘(c) COMMERCIAL MOTOR VEHICLE DRIVERSAFETY PROGRAM.—In coordination with the in-formation system under section 31309, the Sec-retary is authorized to establish a program toimprove commercial motor vehicle driver safety.The objectives of the program shall include—

‘‘(1) enhancing the exchange of driver licens-ing information among the States, the FederalGovernment, and foreign countries;

‘‘(2) providing information to the judicial sys-tem on commercial motor vehicle drivers;

‘‘(3) evaluating any aspect of driver perform-ance that the Secretary determines appropriate;and

‘‘(4) developing appropriate strategies andcountermeasures to improve driver safety.

‘‘(d) COOPERATIVE AGREEMENTS, GRANTS, ANDCONTRACTS.—The Secretary may carry out thissection either independently or in cooperationwith other Federal departments, agencies, andinstrumentalities, or by making grants to, andentering into contracts and cooperative agree-ments with, States, local governments, associa-tions, institutions, corporations, and other per-sons.

‘‘(e) INFORMATION AVAILABILITY AND PRIVACYPROTECTION POLICY.—The Secretary shall de-velop a policy on making information availablefrom the information systems authorized by thissection and section 31309. The policy shall beconsistent with existing Federal informationlaws, including regulations, and shall providefor review and correction of such information ina timely manner.’’.

(b) CONTRACT AUTHORITY FUNDING.—Section31107 is amended to read as follows:

‘‘§ 31107. Contract authority funding for infor-mation systems‘‘(a) FUNDING.—There shall be available from

the Highway Trust Fund (other than the MassTransit Account) to carry out sections 31106 and31309 of this title—

‘‘(1) $6,000,000 for fiscal year 1998;‘‘(2) $10,000,000 for each of fiscal years 1999

and 2000; and‘‘(3) $12,000,000 for each of fiscal years 2001

through 2002.‘‘(4) $15,000,000 for fiscal year 2003.

The amounts made available under this sub-section shall remain available until expended.

‘‘(b) CONTRACT AUTHORITY.—Approval by theSecretary of a grant with funds made availableunder this section imposes upon the UnitedStates Government a contractual obligation forpayment of the Government’s share of costs in-curred in carrying out the objectives of thegrant.’’.

(c) SUBCHAPTER HEADING.—The heading forsubchapter I of chapter 311 is amended by in-serting after ‘‘GRANTS’’ the following: ‘‘ANDOTHER COMMERCIAL MOTOR VEHICLEPROGRAMS’’.

(d) CONFORMING AMENDMENTS.—The analysisfor chapter 311 is amended—

(1) by striking

‘‘SUBCHAPTER I—STATE GRANTS’’

and inserting

‘‘SUBCHAPTER I—STATE GRANTS ANDOTHER COMMERCIAL MOTOR VEHICLEPROGRAMS’’;

and(2) by striking the items relating to sections

31106 and 31107 and inserting the following:

‘‘31106. Information systems.‘‘31107. Contract authority funding for informa-

tion systems.’’.SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.

Section 31111(a) is amended—(1) by striking ‘‘section—’’ and inserting ‘‘sec-

tion, the following definitions apply:’’;(2) by inserting after ‘‘(1)’’ the following:

‘‘MAXI-CUBE VEHICLE.—The term’’;(3) by inserting after ‘‘(2)’’ the following:

‘‘TRUCK TRACTOR.—The term’’;(4) by redesignating paragraphs (1) and (2) as

paragraphs (2) and (3), respectively; and(5) by inserting before paragraph (2), as so re-

designated, the following:‘‘(1) AUTOMOBILE TRANSPORTER.—The term

‘automobile transporter’ means any vehicle com-bination designed and used specifically for thetransport of assembled highway vehicles, in-cluding truck camper units.’’.SEC. 4006. INSPECTIONS AND REPORTS.

(a) GENERAL POWERS OF THE SECRETARY.—Section 31133(a)(1) is amended by inserting ‘‘andmake contracts for’’ after ‘‘conduct’’.

(b) REPORTS AND RECORDS.—Section 504(c) isamended by inserting ‘‘(and, in the case of amotor carrier, a contractor)’’ after ‘‘employee’’.SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT

PROGRAMS.(a) IN GENERAL.—Section 31315 is amended to

read as follows:

‘‘§ 31315. Waivers, exemptions, and pilot pro-grams‘‘(a) WAIVERS.—The Secretary may grant a

waiver that relieves a person from compliance inwhole or in part with a regulation issued underthis chapter or section 31136 if the Secretary de-termines that it is in the public interest to grantthe waiver and that the waiver is likely toachieve a level of safety that is equivalent to, orgreater than, the level of safety that would beobtained in the absence of the waiver—

‘‘(1) for a period not in excess of 3 months;‘‘(2) limited in scope and circumstances;‘‘(3) for nonemergency and unique events; and‘‘(4) subject to such conditions as the Sec-

retary may impose.‘‘(b) EXEMPTIONS.—‘‘(1) IN GENERAL.—Upon receipt of a request

pursuant to paragraph (3), the Secretary ofTransportation may grant to a person or classof persons an exemption from a regulation pre-scribed under this chapter or section 31136 if theSecretary finds such exemption would likelyachieve a level of safety that is equivalent to, orgreater than, the level that would be achievedabsent such exemption. An exemption may begranted for no longer than 2 years from its ap-proval date and may be renewed upon applica-tion to the Secretary.

‘‘(2) AUTHORITY TO REVOKE EXEMPTION.—TheSecretary shall immediately revoke an exemp-tion if—

‘‘(A) the person fails to comply with the termsand conditions of such exemption;

‘‘(B) the exemption has resulted in a lowerlevel of safety than was maintained before theexemption was granted; or

‘‘(C) continuation of the exemption would notbe consistent with the goals and objectives ofthis chapter or section 31136, as the case may be.

‘‘(3) REQUESTS FOR EXEMPTION.—Not laterthan 180 days after the date of enactment of thissection and after notice and an opportunity forpublic comment, the Secretary shall specify byregulation the procedures by which a personmay request an exemption. Such regulations

shall, at a minimum, require the person to pro-vide the following information for each exemp-tion request:

‘‘(A) The provisions from which the person re-quests exemption.

‘‘(B) The time period during which the re-quested exemption would apply.

‘‘(C) An analysis of the safety impacts the re-quested exemption may cause.

‘‘(D) The specific countermeasures the personwould undertake to ensure an equivalent orgreater level of safety than would be achievedabsent the requested exemption.

‘‘(4) NOTICE AND COMMENT.—‘‘(A) UPON RECEIPT OF A REQUEST.—Upon re-

ceipt of an exemption request, the Secretaryshall publish in the Federal Register a notice ex-plaining the request that has been filed andshall give the public an opportunity to inspectthe safety analysis and any other relevant in-formation known to the Secretary and to com-ment on the request. This subparagraph doesnot require the release of information protectedby law from public disclosure.

‘‘(B) UPON GRANTING A REQUEST.—Upongranting a request for exemption, the Secretaryshall publish in the Federal Register the nameof the person granted the exemption, the provi-sions from which the person will be exempt, theeffective period, and all terms and conditions ofthe exemption.

‘‘(C) AFTER DENYING A REQUEST.—After deny-ing a request for exemption, the Secretary shallpublish in the Federal Register the name of theperson denied the exemption and the reasons forsuch denial. The Secretary may meet the re-quirement of this subparagraph by periodicallypublishing in the Federal Register the names ofpersons denied exemptions and the reasons forsuch denials.

‘‘(5) APPLICATIONS TO BE DEALT WITH PROMPT-LY.—The Secretary shall grant or deny an ex-emption request after a thorough review of itssafety implications, but in no case later than 180days after the filing date of such request.

‘‘(6) TERMS AND CONDITIONS.—The Secretaryshall establish terms and conditions for each ex-emption to ensure that it will likely achieve alevel of safety that is equivalent to, or greaterthan, the level that would be achieved absentsuch exemption. The Secretary shall monitor theimplementation of the exemption to ensure com-pliance with its terms and conditions.

‘‘(7) NOTIFICATION OF STATE COMPLIANCE ANDENFORCEMENT PERSONNEL.—Before granting arequest for exemption, the Secretary shall notifyState safety compliance and enforcement per-sonnel, including roadside inspectors, and thepublic that a person will be operating pursuantto an exemption and any terms and conditionsthat will apply to the exemption.

‘‘(c) PILOT PROGRAMS.—‘‘(1) IN GENERAL.—The Secretary may conduct

pilot programs to evaluate alternatives to regu-lations relating to, or innovative approaches to,motor carrier, commercial motor vehicle, anddriver safety. Such pilot programs may includeexemptions from a regulation prescribed underthis chapter or section 31136 if the pilot programcontains, at a minimum, the elements describedin paragraph (2). The Secretary shall publish inthe Federal Register a detailed description ofeach pilot program, including the exemptions tobe considered, and provide notice and an oppor-tunity for public comment before the effectivedate of the program.

‘‘(2) PROGRAM ELEMENTS.—In proposing apilot program and before granting exemptionsfor purposes of a pilot program, the Secretaryshall require, as a condition of approval of theproject, that the safety measures in the projectare designed to achieve a level of safety that isequivalent to, or greater than, the level of safetythat would otherwise be achieved through com-pliance with the regulations prescribed underthis chapter or section 31136. The Secretaryshall include, at a minimum, the following ele-ments in each pilot program plan:

CONGRESSIONAL RECORD — HOUSEH3870 May 22, 1998‘‘(A) A scheduled life of each pilot program of

not more than 3 years.‘‘(B) A specific data collection and safety

analysis plan that identifies a method for com-parison.

‘‘(C) A reasonable number of participants nec-essary to yield statistically valid findings.

‘‘(D) An oversight plan to ensure that partici-pants comply with the terms and conditions ofparticipation.

‘‘(E) Adequate countermeasures to protect thehealth and safety of study participants and thegeneral public.

‘‘(F) A plan to inform State partners and thepublic about the pilot program and to identifyapproved participants to safety compliance andenforcement personnel and to the public.

‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—The Secretary shall immediately revoke partici-pation in a pilot program of a motor carrier,commercial motor vehicle, or driver for failure tocomply with the terms and conditions of thepilot program or if continued participationwould not be consistent with the goals and ob-jectives of this chapter or section 31136, as thecase may be.

‘‘(4) AUTHORITY TO TERMINATE PROGRAM.—The Secretary shall immediately terminate apilot program if its continuation would not beconsistent with the goals and objectives of thischapter or section 31136, as the case may be.

‘‘(5) REPORT TO CONGRESS.—At the conclusionof each pilot program, the Secretary shall reportto Congress the findings, conclusions, and rec-ommendations of the program, including sug-gested amendments to laws and regulations thatwould enhance motor carrier, commercial motorvehicle, and driver safety and improve compli-ance with national safety standards.

‘‘(d) PREEMPTION OF STATE RULES.—Duringthe time period that a waiver, exemption, orpilot program is in effect under this chapter orsection 31136, no State shall enforce any law orregulation that conflicts with or is inconsistentwith the waiver, exemption, or pilot programwith respect to a person operating under thewaiver or exemption or participating in the pilotprogram.’’.

(b) CHAPTER ANALYSIS AMENDMENT.—Theanalysis for chapter 313 is amended by strikingthe item relating to section 31315 and insertingthe following:

‘‘31315. Waivers, exemptions, and pilot pro-grams.’’.

(c) CONFORMING AMENDMENT.—Section31136(e) of such title is amended to read as fol-lows:

‘‘(e) EXEMPTIONS.—The Secretary may grantin accordance with section 31315 waivers andexemptions from, or conduct pilot programs withrespect to, any regulations prescribed under thissection.’’.

(d) PROTECTION OF EXISTING EXEMPTIONS.—The amendments made by this section shall notapply to or otherwise affect a waiver, exemp-tion, or pilot program in effect on the day beforethe date of enactment of this Act under chapter313 or section 31136(e) of title 49, United StatesCode.SEC. 4008. SAFETY REGULATION.

(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31132(1) is amended—

(1) in subparagraph (A)—(A) by inserting ‘‘or gross vehicle weight’’

after ‘‘rating’’; and(B) by inserting ‘‘, whichever is greater’’ after

‘‘pounds’’; and(2) in subparagraph (B) by striking ‘‘pas-

sengers’’ and all that follows through the semi-colon at the end and inserting ‘‘more than 8passengers (including the driver) for compensa-tion;’’.

(b) APPLICATION OF REGULATIONS TO CERTAINCOMMERCIAL MOTOR VEHICLES.—Effective onthe last day of the 1-year period beginning onthe date of enactment of this Act, regulationsprescribed under section 31136 of title 49, United

States Code, shall apply to operators of commer-cial motor vehicles described in section31132(1)(B) of such title (as amended by sub-section (a)) to the extent that those regulationsdid not apply to those operators on the day be-fore such effective date, except to the extentthat the Secretary determines, through a rule-making proceeding, that it is appropriate to ex-empt such operators of commercial motor vehi-cles from the application of those regulations.

(c) REPEAL OF REVIEW PANEL.—Section 31134,and the item relating to such section in theanalysis for chapter 311, are repealed.

(d) REPEAL OF SUBMISSION TO REVIEWPANEL.—Section 31140, and the item relating tosuch section in the analysis for chapter 311, arerepealed.

(e) REVIEW PROCEDURE.—Section 31141 isamended—

(1) by striking subsections (b) and (c) and in-serting the following:

‘‘(b) SUBMISSION OF REGULATION.—A State re-ceiving funds made available under section31104 that enacts a State law or issues a regula-tion on commercial motor vehicle safety shallsubmit a copy of the law or regulation to theSecretary immediately after the enactment orissuance.

‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—‘‘(1) REVIEW.—The Secretary shall review

State laws and regulations on commercial motorvehicle safety. The Secretary shall decidewhether the State law or regulation—

‘‘(A) has the same effect as a regulation pre-scribed by the Secretary under section 31136;

‘‘(B) is less stringent than such regulation; or‘‘(C) is additional to or more stringent than

such regulation.‘‘(2) REGULATIONS WITH SAME EFFECT.—If the

Secretary decides a State law or regulation hasthe same effect as a regulation prescribed by theSecretary under section 31136 of this title, theState law or regulation may be enforced.

‘‘(3) LESS STRINGENT REGULATIONS.—If theSecretary decides a State law or regulation isless stringent than a regulation prescribed bythe Secretary under section 31136 of this title,the State law or regulation may not be enforced.

‘‘(4) ADDITIONAL OR MORE STRINGENT REGULA-TIONS.—If the Secretary decides a State law orregulation is additional to or more stringentthan a regulation prescribed by the Secretaryunder section 31136 of this title, the State law orregulation may be enforced unless the Secretaryalso decides that—

‘‘(A) the State law or regulation has no safetybenefit;

‘‘(B) the State law or regulation is incompat-ible with the regulation prescribed by the Sec-retary; or

‘‘(C) enforcement of the State law or regula-tion would cause an unreasonable burden oninterstate commerce.

‘‘(5) CONSIDERATION OF EFFECT ON INTERSTATECOMMERCE.—In deciding under paragraph (4)whether a State law or regulation will cause anunreasonable burden on interstate commerce,the Secretary may consider the effect on inter-state commerce of implementation of that law orregulation with the implementation of all simi-lar laws and regulations of other States.’’;

(2) by striking subsection (e); and(3) by redesignating subsections (f), (g), and

(h) as subsections (e), (f), and (g), respectively.(f) INSPECTION OF SAFETY EQUIPMENT.—Sec-

tion 31142(a) is amended by striking ‘‘part 393 oftitle 49, Code of Federal Regulations’’ and in-serting ‘‘the regulations issued under section31136’’.

(g) PROTECTION OF STATES PARTICIPATING INSTATE GROUPS.—Section 31142(c)(1)(C) isamended to read as follows:

‘‘(C) prevent a State from participating in theactivities of a voluntary group of States enforc-ing a program for inspection of commercialmotor vehicles; or’’.SEC. 4009. SAFETY FITNESS.

(a) IN GENERAL.—Section 31144 is amended toread as follows:

‘‘§ 31144. Safety fitness of owners and opera-tors‘‘(a) IN GENERAL.—The Secretary shall—‘‘(1) determine whether an owner or operator

is fit to operate safely commercial motor vehi-cles;

‘‘(2) periodically update such safety fitnessdeterminations;

‘‘(3) make such final safety fitness determina-tions readily available to the public; and

‘‘(4) prescribe by regulation penalties for vio-lations of this section consistent with section521.

‘‘(b) PROCEDURE.—The Secretary shall main-tain by regulation a procedure for determiningthe safety fitness of an owner or operator. Theprocedure shall include, at a minimum, the fol-lowing elements:

‘‘(1) Specific initial and continuing require-ments with which an owner or operator mustcomply to demonstrate safety fitness.

‘‘(2) A methodology the Secretary will use todetermine whether an owner or operator is fit.

‘‘(3) Specific time frames within which theSecretary will determine whether an owner oroperator is fit.

‘‘(c) PROHIBITED TRANSPORTATION.—‘‘(1) IN GENERAL.—Except as provided in sec-

tions 521(b)(5)(A) and 5113 and this subsection,an owner or operator who the Secretary deter-mines is not fit may not operate commercialmotor vehicles in interstate commerce beginningon the 61st day after the date of such fitness de-termination and until the Secretary determinessuch owner or operator is fit.

‘‘(2) OWNERS OR OPERATORS TRANSPORTINGPASSENGERS.—With regard to owners or opera-tors of commercial motor vehicles designed orused to transport passengers, an owner or oper-ator who the Secretary determines is not fit maynot operate in interstate commerce beginning onthe 46th day after the date of such fitness deter-mination and until the Secretary determinessuch owner or operator is fit.

‘‘(3) OWNERS OR OPERATORS TRANSPORTINGHAZARDOUS MATERIAL.—With regard to ownersor operators of commercial motor vehicles de-signed or used to transport hazardous materialfor which placarding of a motor vehicle is re-quired under regulations prescribed under chap-ter 51, an owner or operator who the Secretarydetermines is not fit may not operate in inter-state commerce beginning on the 46th day afterthe date of such fitness determination and untilthe Secretary determines such owner or operatoris fit.

‘‘(4) SECRETARY’S DISCRETION.—Except forowners or operators described in paragraphs (2)and (3), the Secretary may allow an owner oroperator who is not fit to continue operating foran additional 60 days after the 61st day afterthe date of the Secretary’s fitness determination,if the Secretary determines that such owner oroperator is making a good faith effort to becomefit.

‘‘(d) REVIEW OF FITNESS DETERMINATIONS.—‘‘(1) IN GENERAL.—Not later than 45 days after

an unfit owner or operator requests a review,the Secretary shall review such owner’s or oper-ator’s compliance with those requirements withwhich the owner or operator failed to complyand resulted in the Secretary determining thatthe owner or operator was not fit.

‘‘(2) OWNERS OR OPERATORS TRANSPORTINGPASSENGERS.—Not later than 30 days after anunfit owner or operator of commercial motor ve-hicles designed or used to transport passengersrequests a review, the Secretary shall reviewsuch owner’s or operator’s compliance withthose requirements with which the owner or op-erator failed to comply and resulted in the Sec-retary determining that the owner or operatorwas not fit.

‘‘(3) OWNERS OR OPERATORS TRANSPORTINGHAZARDOUS MATERIAL.—Not later than 30 daysafter an unfit owner or operator of commercialmotor vehicles designed or used to transport

CONGRESSIONAL RECORD — HOUSE H3871May 22, 1998hazardous material for which placarding of amotor vehicle is required under regulations pre-scribed under chapter 51, the Secretary shall re-view such owner’s or operator’s compliance withthose requirements with which the owner or op-erator failed to comply and resulted in the Sec-retary determining that the owner or operatorwas not fit.

‘‘(e) PROHIBITED GOVERNMENT USE.—A de-partment, agency, or instrumentality of theUnited States Government may not use to pro-vide any transportation service an owner or op-erator who the Secretary has determined is notfit until the Secretary determines such owner oroperator is fit.’’.

(b) CONFORMING AMENDMENT.—Section 5113 isamended by striking subsections (a), (b), (c),and (d) and inserting the following:

‘‘See section 31144.’’.SEC. 4010. REPEAL OF CERTAIN OBSOLETE MIS-

CELLANEOUS AUTHORITIES.Subchapter IV of chapter 311 (including sec-

tions 31161 and 31162), and the items relating tosuch subchapter and sections in the analysis forchapter 311, are repealed.SEC. 4011. COMMERCIAL VEHICLE OPERATORS.

(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31301(4) is amended—

(1) in subparagraph (A)—(A) by inserting ‘‘or gross vehicle weight’’

after ‘‘rating’’ the first 2 places it appears; and(B) by inserting ‘‘, whichever is greater,’’

after ‘‘pounds’’ the first place it appears; and(2) in subparagraph (C)(ii)—(A) by inserting ‘‘is’’ before ‘‘transporting’’

each place it appears; and(B) by inserting ‘‘is’’ before ‘‘not otherwise’’.(b) PROHIBITION ON CMV OPERATION WITH-

OUT CDL.—(1) IN GENERAL.—Section 31302 of such title is

amended to read as follows:‘‘§ 31302. Commercial driver’s license require-

ment‘‘No individual shall operate a commercial

motor vehicle without a valid commercial driv-er’s license issued in accordance with section31308. An individual operating a commercialmotor vehicle may have only one driver’s licenseat any time.’’.

(2) CONFORMING AMENDMENT.—The item relat-ing to section 31302 in the analysis for chapter313 is amended to read as follows:‘‘31302. Commercial driver’s license require-

ment.’’.(c) UNIQUE IDENTIFIERS IN CDLS.—(1) IN GENERAL.—Section 31308(2) is amended

by inserting before the semicolon ‘‘and each li-cense issued after January 1, 2001, includeunique identifiers (which may include biometricidentifiers) to minimize fraud and duplication’’.

(2) DEADLINE FOR ISSUANCE OF REGULA-TIONS.—Not later than 180 days after the date ofenactment of this Act, the Secretary shall issueregulations to carry out the amendment made byparagraph (1).

(d) COMMERCIAL DRIVER’S LICENSE INFORMA-TION SYSTEM.—Section 31309 of such title isamended—

(1) in subsection (a) by striking ‘‘make anagreement under subsection (b) of this sectionfor the operation of, or establish under sub-section (c) of this section,’’ and inserting ‘‘main-tain’’;

(2) by inserting after the first sentence of sub-section (a) the following: ‘‘The system shall becoordinated with activities carried out undersection 31106.’’;

(3) by striking subsections (b) and (c);(4) by striking subsection (d)(2) and inserting

the following:‘‘(2) The information system under this sec-

tion must accommodate any unique identifiersrequired to minimize fraud or duplication of acommercial driver’s license under section31308(2).’’;

(5) by striking subsection (e) and inserting thefollowing:

‘‘(e) AVAILABILITY OF INFORMATION.—Infor-mation in the information system shall be madeavailable and subject to review and correctionin accordance with the policy developed undersection 31106(e).’’;

(6) in subsection (f) by striking ‘‘If the Sec-retary establishes an information system underthis section, the’’ and inserting ‘‘The’’;

(7) by striking ‘‘shall’’ in the first sentence ofsubsection (f) and inserting ‘‘may’’; and

(8) by redesignating subsections (d), (e), and(f) as subsections (b), (c), and (d), respectively.

(e) REQUIREMENTS FOR STATE PARTICIPA-TION.—Section 31311(a) is amended—

(1) in paragraph (15) by striking ‘‘section31310(b)–(e) of this title’’ and inserting ‘‘sub-sections (b)–(e), (g)(1)(A), and (g)(2) of section31310’’;

(2) by striking paragraph (17); and(3) by redesignating paragraph (18) as para-

graph (17).(f) REPEAL OF OBSOLETE GRANT PROGRAMS.—

Sections 31312 and 31313, and the items relatingto such sections in the analysis for chapter 313,are repealed.

(g) UPDATING AMENDMENTS.—Section 31314 isamended—

(1) by striking ‘‘(2), (5), and (6)’’ each place itappears in subsections (a) and (b) and inserting‘‘(3), and (5)’’;

(2) in subsection (c) by striking ‘‘(1) Amounts’’and all that follows through ‘‘(2) Amounts’’ andinserting ‘‘Amounts’’;

(3) by striking subsection (d); and(4) by redesignating subsection (e) as sub-

section (d).SEC. 4012. EXEMPTION FROM CERTAIN REGULA-

TIONS FOR UTILITY SERVICE COM-MERCIAL MOTOR VEHICLE DRIVERS.

(a) IN GENERAL.—Section 31502 is amended byadding at the end the following:

‘‘(e) EXCEPTION.—‘‘(1) IN GENERAL.—Notwithstanding any other

provision of law, regulations issued under thissection or section 31136 regarding—

‘‘(A) maximum driving and on-duty times ap-plicable to operators of commercial motor vehi-cles,

‘‘(B) physical testing, reporting, or record-keeping, and

‘‘(C) the installation of automatic recordingdevices associated with establishing the maxi-mum driving and on-duty times referred to insubparagraph (A),shall not apply to any driver of a utility servicevehicle during an emergency period of not morethan 30 days declared by an elected State orlocal government official under paragraph (2) inthe area covered by the declaration.

‘‘(2) DECLARATION OF EMERGENCY.—An electedState or local government official or elected offi-cials of more than one State or local governmentjointly may issue an emergency declaration forpurposes of paragraph (1) after notice to the Re-gional Director of the Federal Highway Admin-istration with jurisdiction over the area coveredby the declaration.

‘‘(3) INCIDENT REPORT.—Within 30 days afterthe end of the declared emergency period the of-ficial who issued the emergency declarationshall file with the Regional Director a report ofeach safety-related incident or accident that oc-curred during the emergency period involving—

‘‘(A) a utility service vehicle driver to whichthe declaration applied; or

‘‘(B) a utility service vehicle of the driver towhich the declaration applied.

‘‘(4) DEFINITIONS.—In this subsection, the fol-lowing definitions apply:

‘‘(A) DRIVER OF A UTILITY SERVICE VEHICLE.—The term ‘driver of a utility service vehicle’means any driver who is considered to be a driv-er of a utility service vehicle for purposes of sec-tion 345(a)(4) of the National Highway SystemDesignation Act of 1995 (49 U.S.C. 31136 note;109 Stat. 613).

‘‘(B) UTILITY SERVICE VEHICLE.—The term‘utility service vehicle’ has the meaning that

term has under section 345(e)(6) of the NationalHighway System Designation Act of 1995 (49U.S.C. 31136 note; 109 Stat 614–615).’’.

(b) CONTINUED APPLICATION OF SAFETY ANDMAINTENANCE REQUIREMENTS.—

(1) IN GENERAL.—The amendment made bysubsection (a) may not be construed—

(A) to exempt any utility service vehicle fromcompliance with any applicable provision of lawrelating to vehicle mechanical safety, mainte-nance requirements, or inspections; or

(B) to exempt any driver of a utility servicevehicle from any applicable provision of law (in-cluding any regulation) established for theissuance, maintenance, or periodic renewal of acommercial driver’s license for that driver.

(2) DEFINITIONS.—In this subsection, the fol-lowing definitions apply:

(A) COMMERCIAL DRIVER’S LICENSE.—The term‘‘commercial driver’s license’’ has the meaningthat term has under section 31301 of title 49,United States Code.

(B) DRIVER OF A UTILITY SERVICE VEHICLE.—The term ‘‘driver of a utility service vehicle’’ hasthe meaning that term has under section31502(e)(2) of such title.

(C) REGULATION.—The term ‘‘regulation’’ hasthe meaning that term has under section 31132of such title.

(D) UTILITY SERVICE VEHICLE.—The term‘‘utility service vehicle’’ has the meaning thatterm has under section 345(e)(6) of the NationalHighway System Designation Act of 1995 (49U.S.C. 31136 note; 109 Stat. 614–615).SEC. 4013. PARTICIPATION IN INTERNATIONAL

REGISTRATION PLAN AND INTER-NATIONAL FUEL TAX AGREEMENT.

Sections 31702, 31703, and 31708, and the itemsrelating to such sections in the analysis forchapter 317, are repealed.SEC. 4014. SAFETY PERFORMANCE HISTORY OF

NEW DRIVERS; LIMITATION ON LI-ABILITY.

(a) IN GENERAL.—(1) IN GENERAL.—Chapter 5 is amended by

adding at the end the following:‘‘§ 508. Safety performance history of new driv-

ers; limitation on liability‘‘(a) LIMITATION ON LIABILITY.—No action or

proceeding for defamation, invasion of privacy,or interference with a contract that is based onthe furnishing or use of safety performancerecords in accordance with regulations issued bythe Secretary may be brought against—

‘‘(1) a motor carrier requesting the safety per-formance records of an individual under consid-eration for employment as a commercial motorvehicle driver as required by and in accordancewith regulations issued by the Secretary;

‘‘(2) a person who has complied with such arequest; or

‘‘(3) the agents or insurers of a person de-scribed in paragraph (1) or (2).

‘‘(b) RESTRICTIONS ON APPLICABILITY.—‘‘(1) MOTOR CARRIER REQUESTING.—Subsection

(a) does not apply to a motor carrier requestingsafety performance records unless—

‘‘(A) the motor carrier and any agents of themotor carrier have complied with the regula-tions issued by the Secretary in using therecords, including the requirement that the indi-vidual who is the subject of the records be af-forded a reasonable opportunity to review andcomment on the records;

‘‘(B) the motor carrier and any agents and in-surers of the motor carrier have taken all pre-cautions reasonably necessary to protect therecords from disclosure to any person, except forsuch an insurer, not directly involved in decid-ing whether to hire that individual; and

‘‘(C) the motor carrier has used those recordsonly to assess the safety performance of the in-dividual who is the subject of those records indeciding whether to hire that individual.

‘‘(2) PERSON COMPLYING WITH REQUESTS.—Subsection (a) does not apply to a person com-plying with a request for safety performancerecords unless—

CONGRESSIONAL RECORD — HOUSEH3872 May 22, 1998‘‘(A) the complying person and any agents of

the complying person have taken all precautionsreasonably necessary to ensure the accuracy ofthe records and have complied with the regula-tions issued by the Secretary in furnishing therecords, including the requirement that the indi-vidual who is the subject of the records be af-forded a reasonable opportunity to review andcomment on the records; and

‘‘(B) the complying person and any agentsand insurers of the complying person havetaken all precautions reasonably necessary toprotect the records from disclosure to any per-son, except for such an insurer, not directly in-volved in forwarding the records.

‘‘(3) PERSONS KNOWINGLY FURNISHING FALSEINFORMATION.—Subsection (a) does not apply topersons who knowingly furnish false informa-tion.

‘‘(c) PREEMPTION OF STATE AND LOCAL LAW.—No State or political subdivision thereof mayenact, prescribe, issue, continue in effect, or en-force any law (including any regulation, stand-ard, or other provision having the force and ef-fect of law) that prohibits, penalizes, or imposesliability for furnishing or using safety perform-ance records in accordance with regulationsissued by the Secretary to carry out this section.Notwithstanding any provision of law, writtenauthorization shall not be required to obtain in-formation on the motor vehicle driving record ofan individual under consideration for employ-ment with a motor carrier.’’.

(2) CONFORMING AMENDMENT.—The analysisfor chapter 5 is amended by inserting after theitem relating to section 507 the following:

‘‘508. Safety performance history of new drivers;limitation on liability.’’.

(b) EFFECTIVE DATE.—The amendments madeby subsection (a) shall take effect on January31, 1999.

(c) SAFETY PERFORMANCE HISTORY OF NEWDRIVERS.—

(1) MATTERS TO BE INCLUDED.—As part of therulemaking that the Secretary is conductingunder section 114 of the Hazardous MaterialsTransportation Authorization Act of 1994 (108Stat. 1677–1678) to amend section 391.23 of title49, Code of Federal Regulations (or successorregulations thereto), the Secretary shall amendsuch section 391.23 (in addition to the mattersset forth in such section 114) to provide protec-tion for driver privacy and to establish proce-dures for review, correction, and rebuttal of thesafety performance records of a commercialmotor vehicle driver.

(2) COMPLETION.—The rulemaking and theamendments referred to in paragraph (1) shallbe completed by January 31, 1999.SEC. 4015. PENALTIES.

(a) NOTIFICATION OF VIOLATIONS AND EN-FORCEMENT PROCEDURES.—Section 521(b)(1) isamended—

(1) in the third sentence of subparagraph (A)by striking ‘‘fix a reasonable time for abatementof the violation,’’; and

(2) by striking subparagraph (B) and insertingthe following:

‘‘(B) NONAPPLICABILITY TO REPORTING ANDRECORDKEEPING VIOLATIONS.—Subparagraph (A)shall not apply to reporting and recordkeepingviolations.’’.

(b) CIVIL PENALTIES.—Section 521(b)(2) isamended—

(1) by striking subparagraph (A) and insertingthe following:

‘‘(A) IN GENERAL.—Except as otherwise pro-vided in this subsection, any person who is de-termined by the Secretary, after notice and op-portunity for a hearing, to have committed anact that is a violation of regulations issued bythe Secretary under subchapter III of chapter311 (except sections 31138 and 31139) or section31502 of this title shall be liable to the UnitedStates for a civil penalty in an amount not toexceed $10,000 for each offense. Notwithstandingany other provision of this section (except sub-

paragraph (C)), no civil penalty shall be as-sessed under this section against an employeefor a violation in an amount exceeding $2,500.’’;

(2) by redesignating subparagraphs (B) and(C) as subparagraphs (C) and (D), respectively;and

(3) by inserting after subparagraph (A) thefollowing:

‘‘(B) RECORDKEEPING AND REPORTING VIOLA-TIONS.—A person required to make a report tothe Secretary, answer a question, or make, pre-pare, or preserve a record under section 504 ofthis title or under any regulation issued by theSecretary pursuant to subchapter III of chapter311 (except sections 31138 and 31139) or section31502 of this title about transportation by motorcarrier, motor carrier of migrant workers, ormotor private carrier, or an officer, agent, oremployee of that person—

‘‘(i) who does not make that report, does notspecifically, completely, and truthfully answerthat question in 30 days from the date the Sec-retary requires the question to be answered, ordoes not make, prepare, or preserve that recordin the form and manner prescribed by the Sec-retary, shall be liable to the United States for acivil penalty in an amount not to exceed $500 foreach offense, and each day of the violationshall constitute a separate offense, except thatthe total of all civil penalties assessed againstany violator for all offenses related to any sin-gle violation shall not exceed $5,000; or

‘‘(ii) who knowingly falsifies, destroys, muti-lates, or changes a required report or record,knowingly files a false report with the Sec-retary, knowingly makes or causes or permits tobe made a false or incomplete entry in thatrecord about an operation or business fact ortransaction, or knowingly makes, prepares, orpreserves a record in violation of a regulation ororder of the Secretary, shall be liable to theUnited States for a civil penalty in an amountnot to exceed $5,000 for each violation, if anysuch action can be shown to have misrepre-sented a fact that constitutes a violation otherthan a reporting or recordkeeping violation.’’.

(c) CONFORMING AMENDMENTS.—Section 522 isamended by striking ‘‘(a)’’ and by striking sub-section (b).SEC. 4016. AUTHORITY OVER CHARTER BUS

TRANSPORTATION.Section 14501(a) is amended to read as follows:‘‘(a) MOTOR CARRIERS OF PASSENGERS.—‘‘(1) LIMITATION ON STATE LAW.—No State or

political subdivision thereof and no interstateagency or other political agency of 2 or moreStates shall enact or enforce any law, rule, reg-ulation, standard, or other provision having theforce and effect of law relating to

‘‘(A) scheduling of interstate or intrastatetransportation (including discontinuance or re-duction in the level of service) provided by amotor carrier of passengers subject to jurisdic-tion under subchapter I of chapter 135 of thistitle on an interstate route;

‘‘(B) the implementation of any change in therates for such transportation or for any chartertransportation except to the extent that notice,not in excess of 30 days, of changes in schedulesmay be required; or

‘‘(C) the authority to provide intrastate orinterstate charter bus transportation.This paragraph shall not apply to intrastatecommuter bus operations.

‘‘(2) MATTERS NOT COVERED.—Paragraph (1)shall not restrict the safety regulatory authorityof a State with respect to motor vehicles, the au-thority of a State to impose highway route con-trols or limitations based on the size or weightof the motor vehicle, or the authority of a Stateto regulate carriers with regard to minimumamounts of financial responsibility relating toinsurance requirements and self-insurance au-thorization.’’.SEC. 4017. TELEPHONE HOTLINE FOR REPORTING

SAFETY VIOLATIONS.(a) IN GENERAL.—For a period of not less than

2 years beginning on or before the 90th day fol-

lowing the date of enactment of this Act, theSecretary shall establish, maintain, and promotethe use of a nationwide toll-free telephone sys-tem to be used by drivers of commercial motorvehicles and others to report potential violationsof Federal motor carrier safety regulations.

(b) MONITORING.—The Secretary shall monitorreports received by the telephone system andmay consider nonfrivolous information providedby such reports in setting priorities for motorcarrier safety audits and other enforcement ac-tivities.

(c) PROTECTION OF PERSONS REPORTING VIO-LATIONS.—

(1) PROHIBITION.—A person reporting a poten-tial violation to the telephone system while act-ing in good faith may not be discharged, dis-ciplined, or discriminated against regardingpay, terms, or privileges of employment becauseof the reporting of such violation.

(2) APPLICABILITY OF SECTION 31105 OF TITLE49.—For purposes of section 31105 of title 49,United States Code, a violation or alleged viola-tion of paragraph (1) shall be treated as a viola-tion of section 31105(a) of such title.

(d) FUNDING.—From amounts set aside undersection 104(a) of title 23, United States Code, theSecretary may use not more than $250,000 foreach of fiscal years 1999 through 2003 to carryout this section.SEC. 4018. INSULIN TREATED DIABETES

MELLITUS.(a) DETERMINATION.—Not later than 18

months after the date of enactment of this Act,the Secretary shall determine whether a prac-ticable and cost-effective screening, operating,and monitoring protocol could likely be devel-oped for insulin treated diabetes mellitus indi-viduals who want to operate commercial motorvehicles in interstate commerce that would en-sure a level of safety equal to or greater thanthat achieved with the current prohibition onindividuals with insulin treated diabetesmellitus driving such vehicles.

(b) COMPILATION AND EVALUATION.—Prior tomaking the determination in subsection (a), theSecretary shall compile and evaluate researchand other information on the effects of insulintreated diabetes mellitus on driving perform-ance. In preparing the compilation and evalua-tion, the Secretary shall, at a minimum—

(1) consult with States that have developedand are implementing a screening process toidentify individuals with insulin treated diabe-tes mellitus who may obtain waivers to drivecommercial motor vehicles in intrastate com-merce;

(2) evaluate the Department’s policy and ac-tions to permit certain insulin treated diabetesmellitus individuals who meet selection criteriaand who successfully comply with the approvedmonitoring protocol to operate in other modes oftransportation;

(3) assess the possible legal consequences ofpermitting insulin treated diabetes mellitus indi-viduals to drive commercial motor vehicles ininterstate commerce;

(4) analyze available data on the safety per-formance of diabetic drivers of motor vehicles;

(5) assess the relevance of intrastate drivingand experiences of other modes of transpor-tation to interstate commercial motor vehicle op-erations; and

(6) consult with interested groups knowledge-able about diabetes and related issues.

(c) REPORT TO CONGRESS.—If the Secretarydetermines that no protocol described in sub-section (a) could likely be developed, the Sec-retary shall report to Congress the basis for suchdetermination.

(d) INITIATION OF RULEMAKING.—If the Sec-retary determines that a protocol described insubsection (a) could likely be developed, the Sec-retary shall report to Congress a description ofthe elements of such protocol and shall promptlyinitiate a rulemaking proceeding to implementsuch protocol.

CONGRESSIONAL RECORD — HOUSE H3873May 22, 1998SEC. 4019. PERFORMANCE-BASED CDL TESTING.

(a) REVIEW.—Not later than 1 year after thedate of enactment of this Act, the Secretaryshall complete a review of the procedures estab-lished and implemented by States under section31305 of title 49, United States Code, to deter-mine if the current system for testing is an accu-rate measure and reflection of an individual’sknowledge and skills as an operator of a com-mercial motor vehicle and to identify methods toimprove testing and licensing standards, includ-ing identifying the benefits and costs of a grad-uated licensing system.

(b) REGULATIONS.—The Secretary may issueregulations under section 31305 of title 49,United States Code, reflecting the results of thereview.SEC. 4020. POST-ACCIDENT ALCOHOL TESTING.

(a) STUDY.—The Secretary shall conduct astudy of the feasibility of utilizing law enforce-ment officers for conducting post-accident alco-hol testing of commercial motor vehicle opera-tors under section 31306 of title 49, United StatesCode, as a method of obtaining more timely in-formation. The study shall also assess the im-pact of the current post-accident alcohol testingrequirements on motor carrier employers, includ-ing any burden that employers may encounterin meeting the testing requirements of such sec-tion 31306.

(b) REPORT.—Not later than 18 months afterthe date of enactment of this Act, the Secretaryshall transmit to Congress a report on the study,together with such recommendations as the Sec-retary determines appropriate.SEC. 4021. DRIVER FATIGUE.

(a) TECHNOLOGIES TO REDUCE FATIGUE OFCOMMERCIAL MOTOR VEHICLE OPERATORS.—

(1) DEVELOPMENT OF TECHNOLOGIES.—As partof the activities of the Secretary relating to thefatigue of commercial motor vehicle operators,the Secretary shall encourage the research, de-velopment, and demonstration of technologiesthat may aid in reducing such fatigue.

(2) MATTERS TO BE TAKEN INTO ACCOUNT.—Incarrying out paragraph (1), the Secretary shalltake into account—

(A) the degree to which the technology will becost efficient;

(B) the degree to which the technology can beeffectively used in diverse climatic regions of theNation; and

(C) the degree to which the application of thetechnology will further emissions reductions, en-ergy conservation, and other transportationgoals.

(3) FUNDING.—The Secretary may use amountsmade available under section 5001(a)(2) of thisAct.

(b) NONSEDATING MEDICATIONS.—The Sec-retary shall review available information on theeffects of medications (including antihistamines)on driver fatigue, awareness, and performanceand shall consider encouraging, if appropriate,the use of nonsedating medications (includingnonsedating antihistamines) as a means of re-ducing the adverse effects of the use of othermedications by drivers.SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY

PILOT PROGRAM.(a) PILOT PROGRAM.—(1) IN GENERAL.—The Secretary shall carry

out a pilot program in cooperation with 1 ormore States to improve upon the timely ex-change of pertinent driver performance andsafety records data to motor carriers.

(2) PURPOSE.—The purpose of the programshall be to—

(A) determine to what extent driver perform-ance records data, including relevant fines, pen-alties, and failures to appear for a hearing ortrial, should be included as part of any informa-tion systems under the Department of Transpor-tation’s oversight;

(B) assess the feasibility, costs, safety impact,pricing impact, and benefits of record ex-changes; and

(C) assess methods for the efficient exchangeof driver safety data available from existingState information systems and sources.

(3) COMPLETION DATE.—The pilot programshall end on the last day of the 18-month periodbeginning on the date of initiation of the pilotprogram.

(b) RULEMAKING.—After completion of thepilot program, the Secretary shall initiate, if ap-propriate, a rulemaking to revise the informa-tion system under section 31309 of title 49,United States Code, to take into account the re-sults of the pilot program.SEC. 4023. EMPLOYEE PROTECTIONS.

Not later than 2 years after the date of enact-ment of this Act, the Secretary, in conjunctionwith the Secretary of Labor, shall report to theCommittee on Commerce, Science, and Transpor-tation of the Senate and the Committee onTransportation and Infrastructure of the Houseof Representatives on the effectiveness of exist-ing statutory employee protections provided forunder section 31105 of title 49, United StatesCode. The report shall include recommendationsto address any statutory changes necessary tostrengthen the enforcement of such employeeprotection provisions.SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS

SAFETY.Not later than 6 months after the date of en-

actment of this Act, the Secretary shall initiatea rulemaking proceeding to determine whetheror not relevant commercial motor carrier safetyregulations issued under section 31136 of title 49,United States Code, should apply to all inter-state school transportation operations by localeducational agencies (as defined in section 14101of the Elementary and Secondary Education Actof 1965).SEC. 4025. TRUCK TRAILER CONSPICUITY.

(a) ISSUANCE OF FINAL RULE.—Not later than1 year after the date of enactment of this Act,the Secretary shall issue a final rule regardingthe conspicuity of trailers manufactured beforeDecember 1, 1993.

(b) CONSIDERATIONS.—In conducting the rule-making under subsection (a), the Secretary shallconsider, at a minimum, the following:

(1) The cost-effectiveness of any requirementto retrofit trailers manufactured before Decem-ber 1, 1993.

(2) The extent to which motor carriers havevoluntarily taken steps to increase equipmentvisibility.

(3) Regulatory flexibility to accommodate dif-fering trailer designs and configurations, suchas tank trucks.SEC. 4026. DOT IMPLEMENTATION PLAN.

(a) ASSESSMENT.—Not later than 18 monthsafter the date of enactment of this section, theSecretary shall assess the scope of the problemof shippers, freight forwarders, brokers, co-signees, or other persons (other than rail car-riers, motor carriers, motor carriers of migrantworkers, or motor private carriers) encouragingviolations of chapter 5 of title 49, United StatesCode, or a regulation or order issued by the Sec-retary under such chapter.

(b) SUBMISSION OF IMPLEMENTATION PLAN.—After completion of the assessment under sub-section (a), the Secretary may submit to theCongress a plan for implementing authority (ifsubsequently provided by law) to investigateand bring civil actions to enforce chapter 5 oftitle 49, United States Code, or regulations or or-ders issued by the Secretary under such chapterwith respect to persons described in subsection(a).

(c) CONTENTS OF IMPLEMENTATION PLAN.—Indeveloping the implementation plan under sub-section (b), the Secretary shall consider, as ap-propriate—

(1) in what circumstances the Secretary wouldexercise the new authority;

(2) how the Secretary would determine thatshippers, freight forwarders, brokers, con-signees, or other persons committed violations

described in subsection (a), including whattypes of evidence would be conclusive;

(3) what procedures would be necessary dur-ing investigations to ensure the confidentialityof shipper contract terms prior to the Secretary’sfindings of violations;

(4) what impact the exercise of the new au-thority would have on the Secretary’s resources,including whether additional investigative orlegal resources would be necessary and whetherthe staff would need specialized education ortraining to exercise properly such authority;

(5) to what extent the Secretary would con-duct educational activities for persons whowould be subject to the new authority; and

(6) any other information that would assistthe Congress in determining whether to providethe Secretary the new authority.SEC. 4027. STUDY OF ADEQUACY OF PARKING FA-

CILITIES.(a) STUDY.—The Secretary shall conduct a

study to determine the location and quantity ofparking facilities at commercial truck stops andtravel plazas and public rest areas that could beused by motor carriers to comply with Federalhours of service rules. The study shall includean inventory of current facilities serving the Na-tional Highway System, analyze where short-ages exist or are projected to exist, and proposea plan to reduce the shortages. The study maybe carried out in cooperation with research enti-ties representing motor carriers, the travel plazaindustry, and commercial motor vehicle drivers.

(b) REPORT.—Not later than the 3 years afterthe date of the enactment of this Act, the Sec-retary shall transmit to Congress a report on theresults of the study with any recommendationsthe Secretary determines appropriate as a resultof the study.

(c) FUNDING.—From amounts set aside undersection 104(a) of title 23, United States Code, foreach of fiscal years 1999, 2000, and 2001, the Sec-retary may use not to exceed $500,000 per fiscalyear to carry out this section.SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR

CARRIERS.(a) REVIEW.—Not later than 90 days after the

date of enactment of this Act, the Secretaryshall review—

(1) the qualifications of any foreign motor car-rier, the application for which has not beenprocessed due to the moratorium on the grantingof authority to foreign carriers to operate in theUnited States, to operate as a motor carrier inthe United States; and

(2) the carrier’s likely ability to comply withapplicable laws and regulations of the UnitedStates.

(b) USE OF REVIEW.—The review conductedunder subsection (a) shall not constitute a find-ing by the Secretary under section 13902 of title49, United States Code, that a motor carrier iswilling and able to comply with requirements ofsuch section. The results of the review may beused by the Secretary as the Secretary deter-mines appropriate.

(c) REPORT.—Not later than 120 days after thedate of enactment this Act, the Secretary shallsubmit a report on the results of the review tothe Committee on Commerce, Science, andTransportation of the Senate and the Committeeon Transportation and Infrastructure of theHouse of Representatives. The report shall in-clude—

(1) any findings made by the Secretary undersubsection (a);

(2) information on which carriers have ap-plied to the Department of Transportationunder that section; and

(3) a description of the process utilized to re-spond to such applications and to review thesafety fitness of those carriers.SEC. 4029. FEDERAL MOTOR CARRIER SAFETY IN-

SPECTORS.The Department of Transportation shall

maintain at least the number of Federal motorcarrier safety inspectors for international border

CONGRESSIONAL RECORD — HOUSEH3874 May 22, 1998commercial vehicle inspections as in effect onSeptember 30, 1997, or provide for alternative re-sources and mechanisms to ensure at least anequivalent level of commercial motor vehiclesafety inspections. Such funds as are necessaryto carry out this section shall be made availablewithin the limitation on general operating ex-penses of the Department of Transportation.SEC. 4030. SCHOOL TRANSPORTATION SAFETY.

(a) STUDY.—Not later than 3 months after thedate of enactment of this Act, the Secretaryshall offer to enter into an agreement with theTransportation Research Board of the NationalAcademy of Sciences to conduct, subject to theavailability of appropriations, a study of thesafety issues attendant to the transportation ofschool children to and from school and school-related activities by various transportationmodes.

(b) TERMS OF AGREEMENT.—The agreementunder subsection (a) shall provide that—

(1) the Transportation Research Board, inconducting the study, shall consider—

(A) in consultation with the National Trans-portation Safety Board, the Bureau of Trans-portation Statistics, and other relevant entities,available crash injury data;

(B) vehicle design and driver training require-ments, routing, and operational factors that af-fect safety; and

(C) other factors that the Secretary considersto be appropriate;

(2) if the data referred to in paragraph (1)(A)is unavailable or insufficient, the Transpor-tation Research Board shall recommend a newdata collection regimen and implementationguidelines; and

(3) a panel shall conduct the study and shallinclude—

(A) representatives of—(i) highway safety organizations;(ii) school transportation;(iii) mass transportation operators;(iv) employee organizations; and(v) bicycling organizations;(B) academic and policy analysts; and(C) other interested parties.(c) REPORT.—Not later than 12 months after

the Secretary enters into an agreement undersubsection (a), the Secretary shall transmit tothe Committee on Commerce, Science, andTransportation of the Senate and the Committeeon Transportation and Infrastructure of theHouse of Representatives a report that containsthe results of the study.

(d) AUTHORIZATION.—There are authorized tobe appropriated to the Department of Transpor-tation to carry out this section $200,000 for fiscalyear 2000 and $200,000 for fiscal year 2001. Suchsums shall remain available until expended.SEC. 4031. DESIGNATION OF NEW MEXICO COM-

MERCIAL ZONE.(a) GENERAL RULE.—Notwithstanding the pro-

visions of section 13902(c)(4)(A) of title 49,United States Code, the New Mexico CommercialZone shall be a commercial zone for purposes oftransportation of property only under section13506(b) of such title.

(b) CONSULTATION.—In carrying out this sec-tion, the Secretary shall consult with other Fed-eral agencies that have responsibilities over traf-fic between the United States and Mexico.

(c) SUBMISSION OF PLAN.—Not later than 3months after the date of enactment of this Act,the State of New Mexico shall submit to the Sec-retary a plan describing how the State will mon-itor commercial motor vehicle traffic and enforcesafety regulations.

(d) SAVINGS PROVISION.—Nothing in this sec-tion shall affect any action commenced or pend-ing before the Secretary or Surface Transpor-tation Board before the date of enactment ofthis Act.

(e) NEW MEXICO COMMERCIAL ZONE DE-FINED.—In this section, the term ‘‘New MexicoCommercial Zone’’ means the area that is com-prised of Dona Ana County and Luna Countyin New Mexico.

(f) DESIGNATION.—The designation and oper-ation of the New Mexico commercial zone shallbecome effective upon the date of enactment ofthis Act.SEC. 4032. EFFECTS OF MCSAP GRANT REDUC-

TIONS.(a) STUDY.—The Secretary shall conduct a

study on the effects of reductions of grantsunder section 31102 of title 49, United StatesCode, due to nonconformity of State intrastatemotor carrier, commercial motor vehicle, anddriver requirements with Federal interstate re-quirements. In conducting the study, the Sec-retary shall consider, at a minimum—

(1) national uniformity and the purposes ofthe motor carrier safety assistance program;

(2) State motor carrier, commercial motor vehi-cle, and driver safety oversight and enforcementcapabilities; and

(3) the safety impacts, costs, and benefits offull participation in the program.

(b) REPORT.—Not later than 2 years after thedate of the enactment of this Act, the Secretaryshall submit to Congress a report on the resultsof the study.

(c) ADJUSTMENT OF STATE ALLOCATIONS.—TheSecretary is authorized to adjust State alloca-tions under section 31103 of title 49, UnitedStates Code, to reflect the results of the study.

TITLE V—TRANSPORTATION RESEARCHSubtitle A—Funding

SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.(a) IN GENERAL.—The following sums are au-

thorized to be appropriated out of the HighwayTrust Fund (other than the Mass Transit Ac-count):

(1) SURFACE TRANSPORTATION RESEARCH.—Forcarrying out sections 502, 506, 507, and 508 oftitle 23, United States Code, and section 5112 ofthis Act $96,000,000 for fiscal year 1998,$97,000,000 for fiscal year 1999, $97,000,000 forfiscal year 2000, $98,000,000 for fiscal year 2001,$101,000,000 for fiscal year 2002, and $103,000,000for fiscal year 2003.

(2) TECHNOLOGY DEPLOYMENT PROGRAM.—Tocarry out section 503 of title 23, United StatesCode, $35,000,000 for fiscal year 1998, $35,000,000for fiscal year 1999, $40,000,000 for fiscal year2000, $45,000,000 for fiscal year 2001, $45,000,000for fiscal year 2002, and $50,000,000 for fiscalyear 2003.

(3) TRAINING AND EDUCATION.—For carryingout section 504 of title 23, United States Code,$14,000,000 for fiscal year 1998, $15,000,000 forfiscal year 1999, $16,000,000 for fiscal year 2000,$18,000,000 for fiscal year 2001, $19,000,000 forfiscal year 2002, and $20,000,000 for fiscal year2003.

(4) BUREAU OF TRANSPORTATION STATISTICS.—For the Bureau of Transportation Statistics tocarry out section 111 of title 49, United StatesCode, $31,000,000 for each of fiscal years 1998through 2003.

(5) ITS STANDARDS, RESEARCH, OPERATIONALTESTS, AND DEVELOPMENT.—For carrying outsections 5204, 5205, 5206, and 5207 of this Act$95,000,000 for fiscal year 1998, $95,000,000 forfiscal year 1999, $98,200,000 for fiscal year 2000,$100,000,000 for fiscal year 2001, $105,000,000 forfiscal year 2002, $110,000,000 for fiscal year 2003.

(6) ITS DEPLOYMENT.—For carrying out sec-tions 5208 and 5209 of this Act $101,000,000 forfiscal year 1998, $105,000,000 for fiscal year 1999,$113,000,000 for fiscal year 2000, $118,000,000 forfiscal year 2001, $120,000,000 for fiscal year 2002,and $122,000,000 for fiscal year 2003.

(7) UNIVERSITY TRANSPORTATION RESEARCH.—For carrying out section 5505 of title 49, UnitedStates Code, $31,150,000 for fiscal year 1998,$31,150,000 for fiscal year 1999, $32,750,000 forfiscal year 2000, $32,750,000 for fiscal year 2001,$32,000,000 for fiscal year 2002, and $32,000,000for fiscal year 2003.

(b) APPLICABILITY OF TITLE 23, UNITEDSTATES CODE.—Funds authorized to be appro-priated by subsection (a) shall be available forobligation in the same manner as if such funds

were apportioned under chapter 1 of title 23,United States Code, except that the Federalshare of the cost of a project or activity carriedout using such funds shall be 80 percent (unlessotherwise expressly provided by this subtitle orotherwise determined by the Secretary with re-spect to a project of activity) and such fundsshall remain available until expended.

(c) ALLOCATIONS.—(1) SURFACE TRANSPORTATION RESEARCH.—Of

the amounts made available under subsection(a)(1)—

(A) $10,000,000 for each of fiscal years 1998through 2003 shall be available to carry out sec-tion 502(e) of title 23, United States Code (relat-ing to long-term pavement performance);

(B) not to exceed $2,000,000 for each of fiscalyears 1998 through 2003 shall be available tocarry out section 502(f) of such title (relating toseismic research), of which not to exceed$2,500,000 may be used to upgrade earthquakesimulation facilities as required to carry out theprogram;

(C) $500,000 for each of fiscal years 1998through 2003 shall be available to carry out sec-tion 506 of such title (relating to internationaloutreach); and

(D) $5,000,000 for each of fiscal years 1998through 2003 to carry out research on improvedmethods of using concrete pavement in the con-struction, reconstruction, and repair of Federal-aid highways.

(2) TECHNOLOGY DEPLOYMENT.—Of theamounts made available under subsection(a)(2)—

(A) $1,000,000 for each of fiscal years 1998through 2003 shall be available to carry out sec-tion 503(b)(3)(A)(i) of title 23, United StatesCode (relating to research development tech-nology transfer activities); and

(B) $10,000,000 for fiscal year 1998, $15,000,000for fiscal year 1999, $17,000,000 for fiscal year2000, and $20,000,000 for each of fiscal years 2001through 2003 shall be available to carry out sec-tion 503(b)(3)(A)(ii) of such title (relating to re-pair, rehabilitation, and construction).

(3) TRAINING AND EDUCATION.—Of theamounts made available under subsection(a)(3)—

(A) $5,000,000 for fiscal year 1998, $6,000,000for fiscal year 1999, $6,000,000 for fiscal year2000, $7,000,000 for fiscal year 2001, $7,000,000 forfiscal year 2002, and $8,000,000 for fiscal year2003 shall be available to carry out section504(a) of title 23, United States Code (relating tothe National Highway Institute);

(B) $7,000,000 for fiscal year 1998, $7,000,000for fiscal year 1999, $8,000,000 for fiscal year2000, $9,000,000 for fiscal year 2001, $10,000,000for fiscal year 2002, and $10,000,000 for fiscalyear 2003 shall be available to carry out section504(b) of such title (relating to local technicalassistance); and

(C) $2,000,000 for each of fiscal years 1998through 2003 shall be available to carry out sec-tion 504(c)(2) of such title (relating to the Eisen-hower Transportation Fellowship Program).

(4) ITS DEPLOYMENT.—Of the amounts madeavailable under subsection (a)(6)—

(A) $74,000,000 for fiscal year 1998, $75,000,000for fiscal year 1999, $80,000,000 for fiscal year2000, $83,000,000 for fiscal year 2001, $85,000,000for fiscal year 2002, and $85,000,000 for fiscalyear 2003 shall be available to carry out section5208 of this Act (relating to Intelligent Trans-portation Systems integration); and

(B) $25,500,000 for fiscal year 1998, $27,200,000for fiscal year 1999, $30,200,000 for fiscal year2000, $32,200,000 for fiscal year 2001, $33,500,000for fiscal year 2002, and $35,500,000 for fiscalyear 2003 shall be available to carry out section5209 of this Act (relating to commercial vehicleinfrastructure).

(d) TRANSFERS OF FUNDS.—The Secretary maytransfer not to exceed 10 percent of the amountsallocated in a fiscal year under a subparagraphin each of paragraphs (1) through (4) of sub-section (c) to the amounts allocated under anyother subparagraph in the paragraph.

CONGRESSIONAL RECORD — HOUSE H3875May 22, 1998SEC. 5002. OBLIGATION CEILING.

Notwithstanding any other provision of law,the total of all obligations from amounts madeavailable from the Highway Trust Fund (otherthan the Mass Transit Account) by section5001(a) of this Act shall not exceed $403,150,000for fiscal year 1998, $409,150,000 for fiscal year1999, $427,950,000 for fiscal year 2000,$442,750,000 for fiscal year 2001, $453,000,000 forfiscal year 2002, and $468,000,000 for fiscal year2003.SEC. 5003. NOTICE.

(a) NOTICE OF REPROGRAMMING.—If anyfunds authorized for carrying out this title orthe amendments made by this title are subject toa reprogramming action that requires notice tobe provided to the Committees on Appropria-tions of the House of Representatives and theSenate, notice of such action shall concurrentlybe provided to the Committee on Transportationand Infrastructure and the Committee onScience of the House of Representatives and theCommittee on Environment and Public Works ofthe Senate.

(b) NOTICE OF REORGANIZATION.—On or beforethe 15th day preceding the date of any major re-organization of a program, project, or activity ofthe Department of Transportation for whichfunds are authorized by this title or the amend-ments made by this title, the Secretary shall pro-vide notice of such reorganization to the Com-mittee on Transportation and Infrastructureand the Committee on Science of the House ofRepresentatives and the Committee on Environ-ment and Public Works of the Senate.

Subtitle B—Research and TechnologySEC. 5101. RESEARCH AND TECHNOLOGY PRO-

GRAM.Title 23, United States Code, is amended—(1) in the table of chapters by adding at the

end the following:‘‘5. Research and Technology .............. 501’’;and

(2) by adding at the end the following:‘‘CHAPTER 5—RESEARCH AND

TECHNOLOGY‘‘Sec.‘‘501. Definitions.‘‘502. Surface transportation research.‘‘503. Technology deployment program.‘‘504. Training and education.‘‘505. State planning and research.‘‘506. International highway transportation out-

reach program.‘‘507. Surface transportation-environment coop-

erative research program.‘‘508. Surface transportation research strategic

planning.‘‘§ 501. Definitions

‘‘In this chapter, the following definitionsapply:

‘‘(1) FEDERAL LABORATORY.—The term ‘Fed-eral laboratory’ includes a Government-owned,Government-operated laboratory and a Govern-ment-owned, contractor-operated laboratory.

‘‘(2) SAFETY.—The term ‘safety’ includes high-way and traffic safety systems, research, anddevelopment relating to vehicle, highway, driv-er, passenger, bicyclist, and pedestrian charac-teristics, accident investigations, communica-tions, emergency medical care, and transpor-tation of the injured.’’.SEC. 5102. SURFACE TRANSPORTATION RE-

SEARCH.Chapter 5 of title 23, United States Code (as

added by section 5101 of this title), is amendedby adding at the end the following:‘‘§ 502. Surface transportation research

‘‘(a) GENERAL AUTHORITY.—‘‘(1) RESEARCH, DEVELOPMENT, AND TECH-

NOLOGY TRANSFER ACTIVITIES.—The Secretarymay carry out research, development, and tech-nology transfer activities with respect to—

‘‘(A) motor carrier transportation;‘‘(B) all phases of transportation planning

and development (including construction, oper-

ation, modernization, development, design,maintenance, safety, financing, and traffic con-ditions); and

‘‘(C) the effect of State laws on the activitiesdescribed in subparagraphs (A) and (B).

‘‘(2) TESTS AND DEVELOPMENT.—The Secretarymay test, develop, or assist in testing and devel-oping any material, invention, patented article,or process.

‘‘(3) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary may carry out this section—

‘‘(A) independently;‘‘(B) in cooperation with other Federal de-

partments, agencies, and instrumentalities andFederal laboratories; or

‘‘(C) by making grants to, or entering intocontracts, cooperative agreements, and othertransactions with, the National Academy ofSciences, the American Association of StateHighway and Transportation Officials, or anyFederal laboratory, State agency, authority, as-sociation, institution, for-profit or nonprofitcorporation, organization, foreign country, orperson.

‘‘(4) TECHNOLOGICAL INNOVATION.—The pro-grams and activities carried out under this sec-tion shall be consistent with the surface trans-portation research and technology developmentstrategic plan developed under section 508.

‘‘(5) FUNDS.—‘‘(A) SPECIAL ACCOUNT.—In addition to other

funds made available to carry out this section,the Secretary shall use such funds as may be de-posited by any cooperating organization or per-son in a special account of the Treasury estab-lished for this purpose.

‘‘(B) USE OF FUNDS.—The Secretary shall usefunds made available to carry out this section todevelop, administer, communicate, and promotethe use of products of research, development,and technology transfer programs under thissection.

‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP-MENT.—

‘‘(1) IN GENERAL.—To encourage innovativesolutions to surface transportation problems andstimulate the deployment of new technology, theSecretary may carry out, on a cost-shared basis,collaborative research and development with—

‘‘(A) non-Federal entities, including State andlocal governments, foreign governments, collegesand universities, corporations, institutions,partnerships, sole proprietorships, and trade as-sociations that are incorporated or establishedunder the laws of any State; and

‘‘(B) Federal laboratories.‘‘(2) AGREEMENTS.—In carrying out this sub-

section, the Secretary may enter into coopera-tive research and development agreements (asdefined in section 12 of the Stevenson-WydlerTechnology Innovation Act of 1980 (15 U.S.C.3710a)).

‘‘(3) FEDERAL SHARE.—‘‘(A) IN GENERAL.—The Federal share of the

cost of activities carried out under a cooperativeresearch and development agreement enteredinto under this subsection shall not exceed 50percent, except that if there is substantial publicinterest or benefit, the Secretary may approve agreater Federal share.

‘‘(B) NON-FEDERAL SHARE.—All costs directlyincurred by the non-Federal partners, includingpersonnel, travel, and hardware developmentcosts, shall be credited toward the non-Federalshare of the cost of the activities described insubparagraph (A).

‘‘(4) USE OF TECHNOLOGY.—The research, de-velopment, or use of a technology under a coop-erative research and development agreement en-tered into under this subsection, including theterms under which the technology may be li-censed and the resulting royalties may be dis-tributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15U.S.C. 3701 et seq.).

‘‘(5) WAIVER OF ADVERTISING REQUIRE-MENTS.—Section 3709 of the Revised Statutes (41U.S.C. 5) shall not apply to a contract or agree-ment entered into under this chapter.

‘‘(c) CONTENTS OF RESEARCH PROGRAM.—TheSecretary shall include in surface transpor-tation research, technology development, andtechnology transfer programs carried out underthis title coordinated activities in the followingareas:

‘‘(1) Development, use, and dissemination ofindicators, including appropriate computer pro-grams for collecting and analyzing data on thestatus of infrastructure facilities, to measure theperformance of the surface transportation sys-tems of the United States, including productiv-ity, efficiency, energy use, air quality, conges-tion, safety, maintenance, and other factorsthat reflect system performance.

‘‘(2) Methods, materials, and testing to im-prove the durability of surface transportationinfrastructure facilities and extend the life ofbridge structures, including—

‘‘(A) new and innovative technologies to re-duce corrosion;

‘‘(B) tests simulating seismic activity, vibra-tion, and weather; and

‘‘(C) the use of innovative recycled materials.‘‘(3) Technologies and practices that reduce

costs and minimize disruptions associated withthe construction, rehabilitation, and mainte-nance of surface transportation systems, includ-ing responses to natural disasters.

‘‘(4) Development of nondestructive evalua-tion equipment for use with existing infrastruc-ture facilities and with next-generation infra-structure facilities that use advanced materials.

‘‘(5) Dynamic simulation models of surfacetransportation systems for—

‘‘(A) predicting capacity, safety, and infra-structure durability problems;

‘‘(B) evaluating planned research projects;and

‘‘(C) testing the strengths and weaknesses ofproposed revisions to surface transportation op-erations programs.

‘‘(6) Economic highway geometrics, structures,and desirable weight and size standards for ve-hicles using the public highways and the fea-sibility of uniformity in State regulations withrespect to such standards.

‘‘(7) Telecommuting and the linkages betweentransportation, information technology, andcommunity development and the impact of tech-nological change and economic restructuring ontravel demand.

‘‘(8) Expansion of knowledge of implementinglife cycle cost analysis, including—

‘‘(A) establishing the appropriate analysis pe-riod and discount rates;

‘‘(B) learning how to value and properly con-sider use costs;

‘‘(C) determining tradeoffs between recon-struction and rehabilitation; and

‘‘(D) establishing methodologies for balancinghigher initial costs of new technologies and im-proved or advanced materials against lowermaintenance costs.

‘‘(9) Standardized estimates, to be developedin conjunction with the National Institute ofStandards and Technology and other appro-priate organizations, of useful life under variousconditions for advanced materials of use in sur-face transportation.

‘‘(10) Evaluation of traffic calming measuresthat promote community preservation, transpor-tation mode choice, and safety.

‘‘(11) Development and implementation ofsafety-enhancing equipment, including unobtru-sive eyetracking technology.

‘‘(d) ADVANCED RESEARCH.—‘‘(1) IN GENERAL.—The Secretary shall estab-

lish an advanced research program, consistentwith the surface transportation research andtechnology development strategic plan developedunder section 508, that addresses longer-term,higher-risk research that shows potential bene-fits for improving the durability, efficiency, en-vironmental impact, productivity, and safety(including bicycle and pedestrian safety) ofhighway and intermodal transportation systems.In carrying out the program, the Secretary shall

CONGRESSIONAL RECORD — HOUSEH3876 May 22, 1998strive to develop partnerships with the publicand private sectors.

‘‘(2) RESEARCH AREAS.—In carrying out theprogram, the Secretary may make grants andenter into cooperative agreements and contractsin such areas as the Secretary determines appro-priate, including the following:

‘‘(A) Characterization of materials used inhighway infrastructure, including analyticaltechniques, microstructure modeling, and thedeterioration processes.

‘‘(B) Diagnostics for evaluation of the condi-tion of bridge and pavement structures to enablethe assessment of risks of failure, including fromseismic activity, vibration, and weather.

‘‘(C) Design and construction details for com-posite structures.

‘‘(D) Safety technology-based problems in theareas of pedestrian and bicycle safety, roadsidehazards, and composite materials for roadsidesafety hardware.

‘‘(E) Environmental research, including par-ticulate matter source apportionment and modeldevelopment.

‘‘(F) Data acquisition techniques for systemcondition and performance monitoring.

‘‘(G) Human factors, including prediction ofthe response of travelers to new technologies.

‘‘(e) LONG-TERM PAVEMENT PERFORMANCEPROGRAM.—

‘‘(1) AUTHORITY.—The Secretary shall com-plete the long-term pavement performance pro-gram tests initiated under the strategic highwayresearch program established under section307(d) (as in effect on the day before the date ofenactment of this section) and continued by theIntermodal Surface Transportation EfficiencyAct of 1991 (105 Stat. 1914 et seq.) through themidpoint of a planned 20-year life of the long-term pavement performance program.

‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, ANDCONTRACTS.—Under the program, the Secretaryshall make grants and enter into cooperativeagreements and contracts to—

‘‘(A) monitor, material-test, and evaluatehighway test sections in existence as of the dateof the grant, agreement, or contract;

‘‘(B) analyze the data obtained in carryingout subparagraph (A); and

‘‘(C) prepare products to fulfill program objec-tives and meet future pavement technologyneeds.

‘‘(f) SEISMIC RESEARCH PROGRAM.—‘‘(1) ESTABLISHMENT.—The Secretary shall es-

tablish a program to study the vulnerability ofthe Federal-aid highway system and other sur-face transportation systems to seismic activityand to develop and implement cost-effectivemethods to reduce such vulnerability.

‘‘(2) COOPERATION WITH NATIONAL CENTER FOREARTHQUAKE ENGINEERING RESEARCH.—The Sec-retary shall conduct the program in cooperationwith the National Center for Earthquake Engi-neering Research at the University of Buffalo.

‘‘(3) COOPERATION WITH AGENCIES PARTICIPAT-ING IN NATIONAL EARTHQUAKE HAZARDS REDUC-TION PROGRAM.—The Secretary shall conductthe program in consultation and cooperationwith Federal departments and agencies partici-pating in the National Earthquake Hazards Re-duction Program established by section 5 of theEarthquake Hazards Reduction Act of 1977 (42U.S.C. 7704) and shall take such actions as maybe necessary to ensure that the program is con-sistent with—

‘‘(A) planning and coordination activities ofthe Director of the Federal Emergency Manage-ment Agency under section 5(b)(1) of such Act(42 U.S.C. 7704(b)(1)); and

‘‘(B) the plan developed by the Director of theFederal Emergency Management Agency undersection 8(b) of such Act (42 U.S.C. 7705b(b)).

‘‘(g) INFRASTRUCTURE INVESTMENT NEEDS RE-PORT.—

‘‘(1) IN GENERAL.—Not later than January 31,1999, and January 31 of every second year there-after, the Secretary shall report to the Commit-tee on Environment and Public Works of the

Senate and the Committee on Transportationand Infrastructure of the House of Representa-tives on—

‘‘(A) estimates of the future highway andbridge needs of the United States; and

‘‘(B) the backlog of current highway andbridge needs.

‘‘(2) COMPARISON WITH PRIOR REPORTS.—Eachreport under paragraph (1) shall provide themeans, including all necessary information, torelate and compare the conditions and servicemeasures used in the 3 biannual reports pub-lished prior to the date of enactment of theTransportation Equity Act for the 21st Cen-tury.’’.SEC. 5103. TECHNOLOGY DEPLOYMENT.

Chapter 5 of title 23, United States Code (asadded by section 5101 of this title), is amendedby adding at the end the following:‘‘§ 503. Technology deployment

‘‘(a) TECHNOLOGY DEPLOYMENT INITIATIVESAND PARTNERSHIPS PROGRAM.—

‘‘(1) ESTABLISHMENT.—The Secretary shall de-velop and administer a national technology de-ployment initiatives and partnerships program.

‘‘(2) PURPOSE.—The purpose of the programshall be to significantly accelerate the adoptionof innovative technologies by the surface trans-portation community.

‘‘(3) DEPLOYMENT GOALS.—‘‘(A) ESTABLISHMENT.—Not later than 180

days after the date of enactment of this section,the Secretary shall establish not more than 5 de-ployment goals to carry out paragraph (1).

‘‘(B) DESIGN.—Each of the goals and the pro-gram developed to achieve the goals shall be de-signed to provide tangible benefits, with respectto transportation systems, in the areas of effi-ciency, safety, reliability, service life, environ-mental protection, and sustainability.

‘‘(C) STRATEGIES FOR ACHIEVEMENT.—Foreach goal, the Secretary, in cooperation withrepresentatives of the transportation communitysuch as States, local governments, the privatesector, and academia, shall use domestic andinternational technology to develop strategiesand initiatives to achieve the goal, includingtechnical assistance in deploying technologyand mechanisms for sharing information amongprogram participants.

‘‘(4) INTEGRATION WITH OTHER PROGRAMS.—The Secretary shall integrate activities carriedout under this subsection with the efforts of theSecretary to disseminate the results of researchsponsored by the Secretary and to facilitatetechnology transfer.

‘‘(5) LEVERAGING OF FEDERAL RESOURCES.—Inselecting projects to be carried out under thissubsection, the Secretary shall give preference toprojects that leverage Federal funds with othersignificant public or private resources.

‘‘(6) CONTINUATION OF SHRP PARTNERSHIPS.—Under the program, the Secretary shall continuethe partnerships established through the strate-gic highway research program established undersection 307(d) (as in effect on the day before thedate of enactment of this section).

‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, ANDCONTRACTS.—Under the program, the Secretarymay make grants and enter into cooperativeagreements and contracts to foster alliances andsupport efforts to stimulate advances in trans-portation technology, including—

‘‘(A) the testing and evaluation of products ofthe strategic highway research program;

‘‘(B) the further development and implementa-tion of technology in areas such as theSuperpave system and the use of lithium saltsand other alternatives to prevent and mitigatealkali silica reactivity;

‘‘(C) the provision of support for long-termpavement performance product implementationand technology access; and

‘‘(D) other activities to achieve the goals es-tablished under paragraph (3).

‘‘(8) REPORTS.—Not later than 18 months afterthe date of enactment of this section, and bien-

nially thereafter, the Secretary shall submit tothe Committee on Environment and PublicWorks of the Senate and the Committee onTransportation and Infrastructure of the Houseof Representatives a report on the progress andresults of activities carried out under this sec-tion.

‘‘(9) ALLOCATION.—To the extent appropriateto achieve the goals established under para-graph (3), the Secretary may further allocatefunds made available to carry out this section toStates for their use.

‘‘(b) INNOVATIVE BRIDGE RESEARCH AND CON-STRUCTION PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary shall estab-lish and carry out a program to demonstrate theapplication of innovative material technology inthe construction of bridges and other structures.

‘‘(2) GOALS.—The goals of the program shallinclude—

‘‘(A) the development of new, cost-effective in-novative material highway bridge applications;

‘‘(B) the reduction of maintenance costs andlife-cycle costs of bridges, including the costs ofnew construction, replacement, or rehabilitationof deficient bridges;

‘‘(C) the development of construction tech-niques to increase safety and reduce construc-tion time and traffic congestion;

‘‘(D) the development of engineering designcriteria for innovative products and materialsfor use in highway bridges and structures;

‘‘(E) the development of cost-effective and in-novative techniques to separate vehicle and pe-destrian traffic from railroad traffic;

‘‘(F) the development of highway bridges andstructures that will withstand natural disasters,including alternative processes for the seismicretrofit of bridges; and

‘‘(G) the development of new nondestructivebridge evaluation technologies and techniques.

‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, ANDCONTRACTS.—

‘‘(A) IN GENERAL.—Under the program, theSecretary shall make grants to, and enter intocooperative agreements and contracts with—

‘‘(i) States, other Federal agencies, univer-sities and colleges, private sector entities, andnonprofit organizations to pay the Federalshare of the cost of research, development, andtechnology transfer concerning innovative mate-rials; and

‘‘(ii) States to pay the Federal share of thecost of repair, rehabilitation, replacement, andnew construction of bridges or structures thatdemonstrate the application of innovative mate-rials.

‘‘(B) APPLICATIONS.—To receive a grant underthis subsection, an entity described in subpara-graph (A) shall submit an application to theSecretary. The application shall be in such formand contain such information as the Secretarymay require. The Secretary shall select and ap-prove the applications based on whether theproject that is the subject of the grant meets thegoals of the program described in paragraph (2).

‘‘(4) TECHNOLOGY AND INFORMATION TRANS-FER.—The Secretary shall take such action as isnecessary to ensure that the information andtechnology resulting from research conductedunder paragraph (3) is made available to Stateand local transportation departments and otherinterested parties as specified by the Secretary.

‘‘(5) FEDERAL SHARE.—The Federal share ofthe cost of a project under this section shall bedetermined by the Secretary.’’.SEC. 5104. TRAINING AND EDUCATION.

Chapter 5 of title 23, United States Code (asadded by section 5101 of this title), is amendedby adding at the end the following:

‘‘§ 504. Training and education‘‘(a) NATIONAL HIGHWAY INSTITUTE.—‘‘(1) IN GENERAL.—The Secretary shall operate

in the Federal Highway Administration a Na-tional Highway Institute (in this subsection re-ferred to as the ‘Institute’). The Secretary shalladminister, through the Institute, the authority

CONGRESSIONAL RECORD — HOUSE H3877May 22, 1998vested in the Secretary by this title or by anyother law for the development and conduct ofeducation and training programs relating tohighways.

‘‘(2) DUTIES OF THE INSTITUTE.—In coopera-tion with State transportation departments,United States industry, and any national orinternational entity, the Institute shall developand administer education and training pro-grams of instruction for—

‘‘(A) Federal Highway Administration, State,and local transportation agency employees;

‘‘(B) regional, State, and metropolitan plan-ning organizations;

‘‘(C) State and local police, public safety, andmotor vehicle employees; and

‘‘(D) United States citizens and foreign na-tionals engaged or to be engaged in surfacetransportation work of interest to the UnitedStates.

‘‘(3) COURSES.—The Institute may develop andadminister courses in modern developments,techniques, methods, regulations, management,and procedures relating to surface transpor-tation, environmental mitigation and compli-ance, acquisition of rights-of-way, relocationassistance, engineering, safety, construction,maintenance and operations, contract adminis-tration, motor carrier safety activities, inspec-tion, and highway finance.

‘‘(4) SET-ASIDE; FEDERAL SHARE.—Not to ex-ceed 1⁄2 of 1 percent of the funds apportioned toa State under section 104(b)(3) for the surfacetransportation program shall be available forexpenditure by the State transportation depart-ment for the payment of not to exceed 80 percentof the cost of tuition and direct educational ex-penses (excluding salaries) in connection withthe education and training of employees of Stateand local transportation agencies in accordancewith this subsection.

‘‘(5) FEDERAL RESPONSIBILITY.—‘‘(A) IN GENERAL.—Except as provided in sub-

paragraph (B), education and training of em-ployees of Federal, State, and local transpor-tation (including highway) agencies authorizedunder this subsection may be provided—

‘‘(i) by the Secretary at no cost to the Statesand local governments if the Secretary deter-mines that provision at no cost is in the publicinterest; or

‘‘(ii) by the State through grants, cooperativeagreements, and contracts with public and pri-vate agencies, institutions, individuals, and theInstitute.

‘‘(B) PAYMENT OF FULL COST BY PRIVATE PER-SONS.—Private agencies, international or foreignentities, and individuals shall pay the full costof any education and training received by themunless the Secretary determines that a lowercost is of critical importance to the public inter-est.

‘‘(6) TRAINING FELLOWSHIPS; COOPERATION.—The Institute may—

‘‘(A) engage in training activities authorizedunder this subsection, including the granting oftraining fellowships; and

‘‘(B) carry out its authority independently orin cooperation with any other branch of theFederal Government or any State agency, au-thority, association, institution, for-profit ornonprofit corporation, other national or inter-national entity, or other person.

‘‘(7) COLLECTION OF FEES.—‘‘(A) GENERAL RULE.—In accordance with this

subsection, the Institute may assess and collectfees solely to defray the costs of the Institute indeveloping or administering education andtraining programs under this subsection.

‘‘(B) LIMITATION.—Fees may be assessed andcollected under this subsection only in a mannerthat may reasonably be expected to result in thecollection of fees during any fiscal year in anaggregate amount that does not exceed the ag-gregate amount of the costs referred to in sub-paragraph (A) for the fiscal year.

‘‘(C) PERSONS SUBJECT TO FEES.—Fees may beassessed and collected under this subsectiononly with respect to—

‘‘(i) persons and entities for whom educationor training programs are developed or adminis-tered under this subsection; and

‘‘(ii) persons and entities to whom educationor training is provided under this subsection.

‘‘(D) AMOUNT OF FEES.—The fees assessed andcollected under this subsection shall be estab-lished in a manner that ensures that the liabil-ity of any person or entity for a fee is reason-ably based on the proportion of the costs re-ferred to in subparagraph (A) that relate to theperson or entity.

‘‘(E) USE.—All fees collected under this sub-section shall be used to defray costs associatedwith the development or administration of edu-cation and training programs authorized underthis subsection.

‘‘(8) RELATION TO FEES.—The funds madeavailable to carry out this subsection may becombined with or held separate from the feescollected under paragraph (7).

‘‘(b) LOCAL TECHNICAL ASSISTANCE PRO-GRAM.—

‘‘(1) AUTHORITY.—The Secretary shall carryout a local technical assistance program thatwill provide access to surface transportationtechnology to—

‘‘(A) highway and transportation agencies inurbanized areas with populations of between50,000 and 1,000,000 individuals;

‘‘(B) highway and transportation agencies inrural areas; and

‘‘(C) contractors that do work for the agen-cies.

‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, ANDCONTRACTS.—The Secretary may make grantsand enter into cooperative agreements and con-tracts to provide education and training, tech-nical assistance, and related support servicesto—

‘‘(A) assist rural, local transportation agen-cies and tribal governments, and the consultantsand construction personnel working for theagencies and governments, to—

‘‘(i) develop and expand their expertise inroad and transportation areas (including pave-ment, bridge, concrete structures, safety man-agement systems, and traffic safety counter-measures);

‘‘(ii) improve roads and bridges;‘‘(iii) enhance—‘‘(I) programs for the movement of passengers

and freight; and‘‘(II) intergovernmental transportation plan-

ning and project selection; and‘‘(iv) deal effectively with special transpor-

tation-related problems by preparing and pro-viding training packages, manuals, guidelines,and technical resource materials;

‘‘(B) develop technical assistance for tourismand recreational travel;

‘‘(C) identify, package, and deliver transpor-tation technology and traffic safety informationto local jurisdictions to assist urban transpor-tation agencies in developing and expandingtheir ability to deal effectively with transpor-tation-related problems;

‘‘(D) operate, in cooperation with State trans-portation departments and universities—

‘‘(i) local technical assistance program centersdesignated to provide transportation technologytransfer services to rural areas and to urbanizedareas with populations of between 50,000 and1,000,000 individuals; and

‘‘(ii) local technical assistance program cen-ters designated to provide transportation tech-nical assistance to Indian tribal governments;and

‘‘(E) allow local transportation agencies andtribal governments, in cooperation with the pri-vate sector, to enhance new technology imple-mentation.

‘‘(c) RESEARCH FELLOWSHIPS.—‘‘(1) GENERAL AUTHORITY.—The Secretary,

acting either independently or in cooperationwith other Federal departments, agencies, andinstrumentalities, may make grants for researchfellowships for any purpose for which researchis authorized by this chapter.

‘‘(2) DWIGHT DAVID EISENHOWER TRANSPOR-TATION FELLOWSHIP PROGRAM.—The Secretaryshall establish and implement a transportationresearch fellowship program for the purpose ofattracting qualified students to the field oftransportation. The program shall be known asthe ‘Dwight David Eisenhower TransportationFellowship Program’.’’.SEC. 5105. STATE PLANNING AND RESEARCH.

Chapter 5 of title 23, United States Code (asadded by section 5101 of this title), is amendedby adding at the end the following:‘‘§ 505. State planning and research

‘‘(a) GENERAL RULE.—Two percent of thesums apportioned to a State for fiscal year 1998and each fiscal year thereafter under section 104(other than sections 104(f) and 104(h)) andunder section 144 shall be available for expendi-ture by the State, in consultation with the Sec-retary, only for the following purposes:

‘‘(1) Engineering and economic surveys andinvestigations.

‘‘(2) The planning of future highway pro-grams and local public transportation systemsand the planning of the financing of such pro-grams and systems, including metropolitan andstatewide planning under sections 134 and 135.

‘‘(3) Development and implementation of man-agement systems under section 303.

‘‘(4) Studies of the economy, safety, and con-venience of surface transportation systems andthe desirable regulation and equitable taxationof such systems.

‘‘(5) Research, development, and technologytransfer activities necessary in connection withthe planning, design, construction, manage-ment, and maintenance of highway, publictransportation, and intermodal transportationsystems.

‘‘(6) Study, research, and training on the en-gineering standards and construction materialsfor transportation systems described in para-graph (5), including the evaluation and accredi-tation of inspection and testing and the regula-tion and taxation of their use.

‘‘(b) MINIMUM EXPENDITURES ON RESEARCH,DEVELOPMENT, AND TECHNOLOGY TRANSFER AC-TIVITIES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2),not less than 25 percent of the funds subject tosubsection (a) that are apportioned to a Statefor a fiscal year shall be expended by the Statefor research, development, and technologytransfer activities described in subsection (a), re-lating to highway, public transportation, andintermodal transportation systems.

‘‘(2) WAIVERS.—The Secretary may waive theapplication of paragraph (1) with respect to aState for a fiscal year if the State certifies to theSecretary for the fiscal year that total expendi-tures by the State for transportation planningunder sections 134 and 135 will exceed 75 percentof the funds described in paragraph (1) and theSecretary accepts such certification.

‘‘(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended under paragraph (1) shall notbe considered to be part of the extramural budg-et of the agency for the purpose of section 9 ofthe Small Business Act (15 U.S.C. 638).

‘‘(c) FEDERAL SHARE.—The Federal share ofthe cost of a project carried out using funds sub-ject to subsection (a) shall be 80 percent unlessthe Secretary determines that the interests ofthe Federal-aid highway program would be bestserved by decreasing or eliminating the non-Federal share.

‘‘(d) ADMINISTRATION OF SUMS.—Funds sub-ject to subsection (a) shall be combined and ad-ministered by the Secretary as a single fund andshall be available for obligation for the same pe-riod as funds apportioned under section104(b)(1).’’.SEC. 5106. INTERNATIONAL HIGHWAY TRANSPOR-

TATION OUTREACH PROGRAM.Chapter 5 of title 23, United States Code (as

added by section 5101 of this title), is amendedby adding at the end the following:

CONGRESSIONAL RECORD — HOUSEH3878 May 22, 1998‘‘§ 506. International highway transportation

outreach program‘‘(a) ESTABLISHMENT.—The Secretary may es-

tablish an international highway transportationoutreach program—

‘‘(1) to inform the United States highway com-munity of technological innovations in foreigncountries that could significantly improve high-way transportation in the United States;

‘‘(2) to promote United States highway trans-portation expertise, goods, and services in for-eign countries; and

‘‘(3) to increase transfers of United Stateshighway transportation technology to foreigncountries.

‘‘(b) ACTIVITIES.—Activities carried out underthe program may include—

‘‘(1) development, monitoring, assessment, anddissemination in the United States of informa-tion about highway transportation innovationsin foreign countries that could significantly im-prove highway transportation in the UnitedStates;

‘‘(2) research, development, demonstration,training, and other forms of technology transferand exchange;

‘‘(3) informing foreign countries about thetechnical quality of United States highwaytransportation goods and services through par-ticipation in trade shows, seminars, expositions,and other such activities;

‘‘(4) offering technical services of the FederalHighway Administration that cannot be readilyobtained from United States private sector firmsto be incorporated into the proposals of UnitedStates private sector firms undertaking highwaytransportation projects outside the UnitedStates if the costs of such services will be recov-ered under the terms of the project;

‘‘(5) conducting studies to assess the need foror feasibility of highway transportation im-provements in countries that are not members ofthe Organization for Economic Cooperation andDevelopment, as of December 18, 1991, and inGreece and Turkey; and

‘‘(6) gathering and disseminating informationon foreign transportation markets and indus-tries.

‘‘(c) COOPERATION.—The Secretary may carryout this section in cooperation with any appro-priate Federal agency, State or local agency,authority, association, institution, corporation(profit or nonprofit), foreign government, multi-national institution, or other organization orperson.

‘‘(d) FUNDS.—‘‘(1) CONTRIBUTIONS.—Funds available to

carry out this section shall include funds depos-ited by any cooperating organization or personinto a special account of the Treasury estab-lished for this purpose.

‘‘(2) ELIGIBLE USES OF FUNDS.—The funds de-posited into the account and other funds avail-able to carry out this section shall be availableto cover the cost of any activity eligible underthis section, including the cost of promotionalmaterials, travel, reception and representationexpenses, and salaries and benefits.

‘‘(3) REIMBURSEMENTS FOR SALARIES AND BEN-EFITS.—Reimbursements for salaries and bene-fits of Department of Transportation employeesproviding services under this section shall becredited to the account.

‘‘(e) ELIGIBLE USE OF STATE PLANNING ANDRESEARCH FUNDS.—A State, in coordinationwith the Secretary, may obligate funds madeavailable to carry out section 505 for any activ-ity authorized under subsection (a).’’.SEC. 5107. SURFACE TRANSPORTATION-ENVIRON-

MENT COOPERATIVE RESEARCHPROGRAM.

Chapter 5 of title 23, United States Code (asadded by section 5101 of this title), is amendedby adding at the end the following:‘‘§ 507. Surface transportation-environment

cooperative research program‘‘(a) IN GENERAL.—The Secretary shall estab-

lish and carry out a surface transportation-en-vironment cooperative research program.

‘‘(b) CONTENTS.—The program to be carriedout under this section shall include research de-signed—

‘‘(1) to develop more accurate models for eval-uating transportation control measures andtransportation system designs that are appro-priate for use by State and local governments,including metropolitan planning organizations,in designing implementation plans to meet Fed-eral, State, and local environmental require-ments;

‘‘(2) to improve understanding of the factorsthat contribute to the demand for transpor-tation, including transportation system design,demographic change, land use planning, andcommunications and other information tech-nologies;

‘‘(3) to develop indicators of economic, social,and environmental performance of transpor-tation systems to facilitate analysis of potentialalternatives;

‘‘(4) to study the relationship between high-way density and ecosystem integrity, includingthe impacts of highway density on habitat in-tegrity and overall ecosystem health, and de-velop a rapid assessment methodology for use bytransportation and regulatory agencies in deter-mining the relationship between highway den-sity and ecosystem integrity; and

‘‘(5) to meet additional priorities as deter-mined by the advisory board established undersubsection (c), including recommendations ofthe National Research Council in the report en-titled ‘Environmental Research Needs in Trans-portation’.

‘‘(c) ADVISORY BOARD.—‘‘(1) ESTABLISHMENT.—In consultation with

the Secretary of Energy, the Administrator ofthe Environmental Protection Agency, and theheads of other appropriate Federal departmentsand agencies, the Secretary shall establish anadvisory board to recommend environmentaland energy conservation research, technology,and technology transfer activities related to sur-face transportation.

‘‘(2) MEMBERSHIP.—The advisory board shallinclude—

‘‘(A) representatives of State transportationand environmental agencies;

‘‘(B) transportation and environmental sci-entists and engineers; and

‘‘(C) representatives of metropolitan planningorganizations, transit operating agencies, andenvironmental organizations.

‘‘(d) NATIONAL ACADEMY OF SCIENCES.—TheSecretary may make grants to, and enter intocooperative agreements with, the NationalAcademy of Sciences to carry out such activitiesrelating to the research, technology, and tech-nology transfer activities described in subsection(b) as the Secretary determines appropriate.’’.SEC. 5108. SURFACE TRANSPORTATION RE-

SEARCH STRATEGIC PLANNING.Chapter 5 of title 23, United States Code (as

added by section 5101 of this title), is amendedby adding at the end the following:

‘‘§ 508. Surface transportation research strate-gic planning‘‘(a) IN GENERAL.—The Secretary shall—‘‘(1) establish a strategic planning process,

consistent with section 306 of title 5 for the De-partment of Transportation to determine na-tional transportation research and technologydevelopment priorities related to surface trans-portation;

‘‘(2) coordinate Federal surface transportationresearch and technology development activities;

‘‘(3) measure the results of those activities andhow they impact the performance of the surfacetransportation systems of the United States; and

‘‘(4) ensure that planning and reporting ac-tivities carried out under this section are coordi-nated with all other surface transportationplanning and reporting requirements.

‘‘(b) IMPLEMENTATION.—The Secretary shall—‘‘(1) provide for the integrated planning, co-

ordination, and consultation among the operat-

ing administrations of the Department of Trans-portation, all other Federal agencies with re-sponsibility for surface transportation researchand technology development, State and localgovernments, institutions of higher education,industry, and other private and public sector or-ganizations engaged in surface transportation-related research and development activities;

‘‘(2) ensure that the surface transportation re-search and technology development programs ofthe Department do not duplicate other Federal,State, or private sector research and develop-ment programs; and

‘‘(3) provide for independent validation of thescientific and technical assumptions underlyingthe surface transportation research and tech-nology development programs of the Depart-ment.

‘‘(c) SURFACE TRANSPORTATION RESEARCH ANDTECHNOLOGY DEVELOPMENT STRATEGIC PLAN.—

‘‘(1) DEVELOPMENT.—The Secretary shall de-velop an integrated surface transportation re-search and technology development strategicplan.

‘‘(2) CONTENTS.—The plan shall include—‘‘(A) an identification of the general goals

and objectives of the Department of Transpor-tation for surface transportation research anddevelopment;

‘‘(B) a description of the roles of the Depart-ment and other Federal agencies in achievingthe goals identified under subparagraph (A), inorder to avoid unnecessary duplication of effort;

‘‘(C) a description of the overall strategy ofthe Department, and the role of each of the op-erating administrations of the Department, incarrying out the plan over the next 5 years, in-cluding a description of procedures for coordi-nation of the efforts of the Secretary with theefforts of the operating administrations of theDepartment and other Federal agencies;

‘‘(D) an assessment of how State and local re-search and technology development activitiesare contributing to the achievement of the goalsidentified under subparagraph (A);

‘‘(E) details of the surface transportation re-search and technology development programs ofthe Department, including performance goals,resources needed to achieve those goals, andperformance indicators as described in section1115(a) of title 31, United States Code, for thenext 5 years for each area of research and tech-nology development;

‘‘(F) significant comments on the plan ob-tained from outside sources; and

‘‘(G) responses to significant comments ob-tained from the National Research Council andother advisory bodies, and a description of anycorrective actions taken pursuant to such com-ments.

‘‘(3) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary shall enter into an agreement forthe review by the National Research Council ofthe details of each—

‘‘(A) strategic plan or revision required undersection 306 of title 5;

‘‘(B) performance plan required under section1115 of title 31; and

‘‘(C) program performance report requiredunder section 1116,with respect to surface transportation researchand technology development.

‘‘(4) PERFORMANCE PLANS AND REPORTS.—Inreports submitted under sections 1115 and 1116of title 31, the Secretary shall include—

‘‘(A) a summary of the results for the previousfiscal year of surface transportation researchand technology development programs to whichthe Department of Transportation contributes,along with—

‘‘(i) an analysis of the relationship betweenthose results and the goals identified underparagraph (2)(A); and

‘‘(ii) a description of the methodology used forassessing the results; and

‘‘(B) a description of significant surface trans-portation research and technology development

CONGRESSIONAL RECORD — HOUSE H3879May 22, 1998initiatives, if any, undertaken during the pre-vious fiscal year that were not in the plan de-veloped under paragraph (1), and any signifi-cant changes in the plan from the previousyear’s plan.

‘‘(d) MERIT REVIEW AND PERFORMANCE MEAS-UREMENT.—Not later than 1 year after the dateof enactment of this section, the Secretary shalltransmit to Congress a report describing com-petitive merit review procedures for use in se-lecting grantees and contractors in the programscovered by the plan developed under subsection(c) and performance measurement proceduresfor evaluating the programs.

‘‘(e) PROCUREMENT PROCEDURES.—The Sec-retary shall—

‘‘(1) develop model procurement proceduresthat encourage the use of advanced tech-nologies; and

‘‘(2) develop model transactions for carryingout and coordinating Federal and State surfacetransportation research and technology develop-ment activities.

‘‘(f) CONSISTENCY WITH GOVERNMENT PER-FORMANCE AND RESULTS ACT OF 1993.—Theplans and reports developed under this sectionshall be consistent with and incorporated aspart of the plans developed under section 306 oftitle 5 and sections 1115 and 1116 of title 31.’’.SEC. 5109. BUREAU OF TRANSPORTATION STATIS-

TICS.(a) IN GENERAL.—Section 111 of title 49,

United States Code, is amended—(1) in subsection (b)(4) by striking the second

sentence;(2) in subsection (c)—(A) in paragraph (1)—(i) in subparagraph (J) by striking ‘‘and’’ at

the end;(ii) in subparagraph (K) by striking the period

at the end and inserting ‘‘; and’’; and(iii) by adding at the end the following:‘‘(L) transportation-related variables that in-

fluence global competitiveness.’’;(B) in paragraph (2)—(i) in the first sentence by striking ‘‘national

transportation system’’ and inserting ‘‘transpor-tation systems of the United States’’;

(ii) by striking subparagraph (A) and insert-ing the following:

‘‘(A) be coordinated with efforts to measureoutputs and outcomes of the Department ofTransportation and the transportation systemsof the United States under the Government Per-formance and Results Act of 1993 (107 Stat. 285et seq.) and the amendments made by suchAct;’’; and

(iii) in subparagraph (C) by inserting ‘‘, maderelevant to the States and metropolitan plan-ning organizations,’’ after ‘‘accuracy’’;

(C) in paragraph (3) by adding at the end thefollowing: ‘‘The Bureau shall review and reportto the Secretary of Transportation on thesources and reliability of the statistics proposedby the heads of the operating administrations ofthe Department to measure outputs and out-comes as required by the Government Perform-ance and Results Act of 1993, and the amend-ments made by such Act, and shall carry outsuch other reviews of the sources and reliabilityof other data collected by the heads of the oper-ating administrations of the Department asshall be requested by the Secretary.’’; and

(D) by adding at the end the following:‘‘(7) SUPPORTING TRANSPORTATION DECISION-

MAKING.—Ensuring that the statistics compiledunder paragraph (1) are relevant for transpor-tation decisionmaking by the Federal Govern-ment, State and local governments, transpor-tation-related associations, private businesses,and consumers.’’;

(3) by redesignating subsections (d), (e), and(f) as subsections (h), (i), and (j), respectively;

(4) by striking subsection (g);(5) by inserting after subsection (c) the follow-

ing:‘‘(d) INTERMODAL TRANSPORTATION DATA

BASE.—

‘‘(1) IN GENERAL.—In consultation with theAssociate Deputy Secretary, the Assistant Sec-retaries, and the heads of the operating admin-istrations of the Department of Transportation,the Director shall establish and maintain atransportation data base for all modes of trans-portation.

‘‘(2) USE.—The data base shall be suitable foranalyses carried out by the Federal Govern-ment, the States, and metropolitan planning or-ganizations.

‘‘(3) CONTENTS.—The data base shall in-clude—

‘‘(A) information on the volumes and patternsof movement of goods, including local, inter-regional, and international movement, by allmodes of transportation and intermodal com-binations, and by relevant classification;

‘‘(B) information on the volumes and patternsof movement of people, including local, inter-regional, and international movements, by allmodes of transportation (including bicycle andpedestrian modes) and intermodal combinations,and by relevant classification;

‘‘(C) information on the location andconnectivity of transportation facilities andservices; and

‘‘(D) a national accounting of expendituresand capital stocks on each mode of transpor-tation and intermodal combination.

‘‘(e) NATIONAL TRANSPORTATION LIBRARY.—‘‘(1) IN GENERAL.—The Director shall establish

and maintain a National Transportation Li-brary, which shall contain a collection of statis-tical and other information needed for transpor-tation decisionmaking at the Federal, State, andlocal levels.

‘‘(2) ACCESS.—The Director shall facilitateand promote access to the Library, with the goalof improving the ability of the transportationcommunity to share information and the abilityof the Director to make statistics readily acces-sible under subsection (c)(5).

‘‘(3) COORDINATION.—The Director shall workwith other transportation libraries and othertransportation information providers, both pub-lic and private, to achieve the goal specified inparagraph (2).

‘‘(f) NATIONAL TRANSPORTATION ATLAS DATABASE.—

‘‘(1) IN GENERAL.—The Director shall developand maintain geospatial data bases that de-pict—

‘‘(A) transportation networks;‘‘(B) flows of people, goods, vehicles, and

craft over the networks; and‘‘(C) social, economic, and environmental con-

ditions that affect or are affected by the net-works.

‘‘(2) INTERMODAL NETWORK ANALYSIS.—Thedata bases shall be able to support intermodalnetwork analysis.

‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—‘‘(1) IN GENERAL.—The Secretary may make

grants to, or enter into cooperative agreementsor contracts with, public and nonprofit privateentities (including State transportation depart-ments, metropolitan planning organizations,and institutions of higher education) for—

‘‘(A) investigation of the subjects specified insubsection (c)(1) and research and developmentof new methods of data collection, management,integration, dissemination, interpretation, andanalysis;

‘‘(B) development of electronic clearinghousesof transportation data and related information,as part of the National Transportation Libraryunder subsection (e); and

‘‘(C) development and improvement of meth-ods for sharing geographic data, in support ofthe national transportation atlas data baseunder subsection (f) and the National SpatialData Infrastructure developed under ExecutiveOrder No. 12906.

‘‘(2) LIMITATION.—Not more than $500,000 ofthe amounts made available to carry out thissection in a fiscal year may be used to carry outthis subsection.’’;

(6) by striking subsection (i) (as redesignatedby paragraph (3) of this subsection) and insert-ing the following:

‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—‘‘(1) IN GENERAL.—An officer or employee of

the Bureau may not—‘‘(A) make any disclosure in which the data

provided by an individual or organization undersubsection (c)(2) can be identified;

‘‘(B) use the information provided under sub-section (c)(2) for a nonstatistical purpose; or

‘‘(C) permit anyone other than an individualauthorized by the Director to examine any indi-vidual report provided under subsection (c)(2).

‘‘(2) PROHIBITION ON REQUESTS FOR CERTAINDATA.—

‘‘(A) GOVERNMENT AGENCIES.—No department,bureau, agency, officer, or employee of theUnited States (except the Director in carryingout this section) may require, for any reason, acopy of any report that has been filed undersubsection (c)(2) with the Bureau or retained byan individual respondent.

‘‘(B) COURTS.—Any copy of a report describedin subparagraph (A) that has been retained byan individual respondent or filed with the Bu-reau or any of its employees, contractors, oragents—

‘‘(i) shall be immune from legal process; and‘‘(ii) shall not, without the consent of the in-

dividual concerned, be admitted as evidence orused for any purpose in any action, suit, orother judicial or administrative proceeding.

‘‘(C) APPLICABILITY.—This paragraph shallapply only to reports that permit informationconcerning an individual or organization to bereasonably inferred by direct or indirect means.

‘‘(3) DATA COLLECTED FOR NONSTATISTICALPURPOSES.—In a case in which the Bureau isauthorized by statute to collect data or informa-tion for a nonstatistical purpose, the Directorshall clearly distinguish the collection of thedata or information, by rule and on the collec-tion instrument, so as to inform a respondentthat is requested or required to supply the dataor information of the nonstatistical purpose.’’;

(7) in subsection (j) (as redesignated by para-graph (3) of this subsection) by striking ‘‘On orbefore January 1, 1994, and annually thereafter,the’’ and inserting ‘‘The’’; and

(8) by adding at the end the following:‘‘(k) PROCEEDS OF DATA PRODUCT SALES.—

Notwithstanding section 3302 of title 31, UnitedStates Code, funds received by the Bureau fromthe sale of data products, for necessary expensesincurred, may be credited to the Highway TrustFund (other than the Mass Transit Account) forthe purpose of reimbursing the Bureau for theexpenses.’’.

(b) CONFORMING AMENDMENTS.—Section 5503of title 49, United States Code, is amended—

(1) by striking subsection (d); and(2) by redesignating subsections (e), (f), and

(g) as subsections (d), (e), and (f), respectively.SEC. 5110. UNIVERSITY TRANSPORTATION RE-

SEARCH.(a) IN GENERAL.—Subchapter I of chapter 55

of title 49, United States Code, is amended byadding at the end the following:

‘‘§ 5505. University transportation research‘‘(a) REGIONAL CENTERS.—The Secretary of

Transportation shall make grants to nonprofitinstitutions of higher learning to establish andoperate 1 university transportation center ineach of the 10 United States Government regionsthat comprise the Standard Federal RegionalBoundary System.

‘‘(b) OTHER CENTERS.—The Secretary shallmake grants to nonprofit institutions of higherlearning to establish and operate universitytransportation centers, in addition to the cen-ters receiving grants under subsection (a), to ad-dress transportation management and researchand development matters, with special attentionto increasing the number of highly skilled indi-viduals entering the field of transportation.

‘‘(c) SELECTION OF GRANT RECIPIENTS.—

CONGRESSIONAL RECORD — HOUSEH3880 May 22, 1998‘‘(1) APPLICATIONS.—In order to be eligible to

receive a grant under this section, a nonprofitinstitution of higher learning shall submit to theSecretary an application that is in such formand contains such information as the Secretarymay require.

‘‘(2) SELECTION CRITERIA.—Except as other-wise provided by this section, the Secretaryshall select each recipient of a grant under thissection through a competitive process on thebasis of the following:

‘‘(A) For regional centers, the location of thecenter within the Federal region to be served.

‘‘(B) The demonstrated research and exten-sion resources available to the recipient to carryout this section.

‘‘(C) The capability of the recipient to provideleadership in making national and regional con-tributions to the solution of immediate and long-range transportation problems.

‘‘(D) The recipient’s establishment of a sur-face transportation program encompassing sev-eral modes of transportation.

‘‘(E) The recipient’s demonstrated commitmentof at least $200,000 in regularly budgeted institu-tional amounts each year to support ongoingtransportation research and education pro-grams.

‘‘(F) The recipient’s demonstrated ability todisseminate results of transportation researchand education programs through a statewide orregionwide continuing education program.

‘‘(G) The strategic plan the recipient proposesto carry out under the grant.

‘‘(d) OBJECTIVES.—Each university transpor-tation center receiving a grant under this sec-tion shall conduct the following programs andactivities:

‘‘(1) Basic and applied research, the productsof which are judged by peers or other experts inthe field to advance the body of knowledge intransportation.

‘‘(2) An education program that includes mul-tidisciplinary course work and participation inresearch.

‘‘(3) An ongoing program of technology trans-fer that makes research results available to po-tential users in a form that can be implemented,utilized, or otherwise applied.

‘‘(e) MAINTENANCE OF EFFORT.—In order to beeligible to receive a grant under this section, arecipient shall enter into an agreement with theSecretary to ensure that the recipient will main-tain total expenditures from all other sources toestablish and operate a university transpor-tation center and related research activities at alevel at least equal to the average level of suchexpenditures in its 2 fiscal years prior to awardof a grant under this section.

‘‘(f) FEDERAL SHARE.—The Federal share ofthe costs of activities carried out using a grantmade under this section is 50 percent of costs.The non-Federal share may include funds pro-vided to a recipient under section 503, 504(b), or505 of title 23, United States Code.

‘‘(g) PROGRAM COORDINATION.—‘‘(1) COORDINATION.—The Secretary shall co-

ordinate the research, education, training, andtechnology transfer activities that grant recipi-ents carry out under this section, disseminatethe results of the research, and establish andoperate a clearinghouse.

‘‘(2) ANNUAL REVIEW AND EVALUATION.—Atleast annually and consistent with the plan de-veloped under section 5506, the Secretary shallreview and evaluate programs the grant recipi-ents carry out.

‘‘(3) FUNDING LIMITATION.—The Secretarymay use not more than 1 percent of amountsmade available from Government sources tocarry out this subsection.

‘‘(h) LIMITATION ON AVAILABILITY OFFUNDS.—Funds made available to carry out thisprogram shall remain available for obligationfor a period of 2 years after the last day of thefiscal year for which such funds are authorized.

‘‘(i) NUMBER AND AMOUNT OF GRANTS.—‘‘(1) FISCAL YEARS 1998 AND 1999.—For each of

fiscal years 1998 and 1999, the Secretary shallmake the following grants under this section:

‘‘(A) GROUP A.—The Secretary shall make agrant in the amount of $1,000,000 to each of theinstitutions in group A.

‘‘(B) GROUP B.—The Secretary shall make agrant in the amount of $300,000 to each of theinstitutions in group B.

‘‘(C) GROUP C.—The Secretary shall make agrant in the amount of $750,000 to each of theinstitutions in group C.

‘‘(D) GROUP D.—The Secretary shall make agrant in the amount of $2,000,000 to each of theinstitutions in group D.

‘‘(2) FISCAL YEARS 2000 AND 2001.—For each offiscal years 2000 and 2001, the Secretary shallmake the following grants under this section:

‘‘(A) GROUP A.—The Secretary shall make agrant in the amount of $1,000,000 to each of theinstitutions in group A.

‘‘(B) GROUP B.—The Secretary shall make agrant in the amount of $500,000 to 8 of the insti-tutions in group B.

‘‘(C) GROUP C.—The Secretary shall make agrant in the amount of $750,000 to each of theinstitutions in group C.

‘‘(D) GROUP D.—The Secretary shall make agrant in the amount of $2,000,000 to each of theinstitutions in group D.

‘‘(3) FISCAL YEARS 2002 AND 2003.—For each offiscal years 2002 and 2003, the Secretary shallmake the following grants under this section:

‘‘(A) GROUP A.—The Secretary shall make agrant in the amount of $1,000,000 to each of theinstitutions in group A.

‘‘(B) GROUPS B AND C.—The Secretary shallmake a grant in the amount of $1,000,000 to 10of the institutions in groups B and C that re-ceived grants under this section in fiscal years2000 and 2001.

‘‘(C) GROUP D.—The Secretary shall make agrant in the amount of $2,000,000 to each of theinstitutions in group D.

‘‘(j) IDENTIFICATION OF GROUPS.—For the pur-pose of making grants this section, the followinggroups are identified:

‘‘(1) GROUP A.—Group A shall consist of the 10regional centers selected under subsection (a).

‘‘(2) GROUP B.—Group B shall consist of thefollowing:

‘‘(A) The University of Denver and MississippiState University.

‘‘(B) The University of Central Florida.‘‘(C) University of Southern California and

California State University at Long Beach.‘‘(D) Rutgers University.‘‘(E) University of Missouri at Rolla.‘‘(F) South Carolina State University.‘‘(G) Joseph P. Kennedy Science and Tech-

nology Center, Assumption College, Massachu-setts.

‘‘(H) Purdue University.‘‘(3) GROUP C.—Group C shall consist of the

following:‘‘(A) University of Arkansas.‘‘(B) New Jersey Institute of Technology.‘‘(C) University of Idaho.‘‘(D) The University of Alabama.‘‘(E) Morgan State University.‘‘(F) North Carolina State University.‘‘(G) San Jose State University.‘‘(H) University of South Florida.‘‘(I) North Carolina A. and T. State Univer-

sity.‘‘(4) GROUP D.—Group D shall consist of the

following:‘‘(A) University of Minnesota.‘‘(B) Marshall University, West Virginia, on

behalf of a consortium of West Virginia collegesand universities.

‘‘(C) George Mason University, along with theUniversity of Virginia and Virginia Tech Uni-versity.

‘‘(D) Western Transportation Institute.‘‘(E) Rhode Island Transportation Research

Center.‘‘(F) Northwestern University.’’.(b) CONFORMING AMENDMENT.—The table of

sections for chapter 55 of title 49, United StatesCode, is amended by inserting after the item re-lating to section 5504 the following:‘‘5505. University transportation research.’’.

(c) REPEALS.—Section 5316 and 5317 of title 49,United States Code, and the items relating tosuch sections in the analysis for chapter 53 ofsuch title, are repealed.SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES

PROGRAM.(a) IN GENERAL.—Subchapter I of chapter 55

of subtitle I of title 49, United States Code (asamended by section 5110 of this Act), is amendedby adding at the end the following:‘‘§ 5506. Advanced vehicle technologies pro-

gram‘‘(a) PURPOSES.—The Secretary of Transpor-

tation, in coordination with other governmentagencies and private consortia, shall encourageand promote the research, development, and de-ployment of transportation technologies thatwill use technological advances in multimodalvehicles, vehicle components, environmentaltechnologies, and related infrastructure to re-move impediments to an efficient, safe, and cost-effective national transportation system.

‘‘(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this section, the term ‘eligible consortium’means a consortium that receives funding underthe Department of Defense Appropriations Act,1993 (Public Law 102–396; 106 Stat. 1876), andthat comprises 2 or more of the following enti-ties:

‘‘(1) Businesses incorporated in the UnitedStates.

‘‘(2) Public or private educational or researchorganizations located in the United States.

‘‘(3) Entities of State or local governments inthe United States.

‘‘(4) Federal laboratories.‘‘(c) PROGRAM.—The Secretary shall enter

into contracts, cooperative agreements, andother transactions as authorized by section 2371of title 10 with, and make grants to, eligible con-sortia to promote the development and deploy-ment of innovation in transportation technologyservices, management, and operational prac-tices.

‘‘(d) ELIGIBILITY CRITERIA.—To be eligible toreceive assistance under this section, an eligibleconsortium shall—

‘‘(1) for a period of not less than the 3 yearspreceding the date of a contract, cooperativeagreement, or other transaction, be organized ona statewide or multistate basis for the purpose ofdesigning, developing, and deploying transpor-tation technologies that address identified tech-nological impediments in the transportationfield;

‘‘(2) facilitate the participation in the consor-tium of small- and medium-sized businesses,utilities, public laboratories and universities,and other relevant entities;

‘‘(3) be actively engaged in transportationtechnology projects that address compliance innonattainment areas under the Clean Air Act(42 U.S.C. 7401 et seq.);

‘‘(4) be designed to use Federal and Statefunding to attract private capital in the form ofgrants or investments to carry out this section;and

‘‘(5) ensure that at least 50 percent of thefunding for the consortium project will be pro-vided by non-Federal sources.

‘‘(e) PROPOSALS.—The Secretary shall pre-scribe such terms and conditions as the Sec-retary determines to be appropriate for the con-tent and structure of proposals submitted for as-sistance under this section.

‘‘(f) REPORTING REQUIREMENTS.—At least onceeach year, the Secretary shall submit to theCommittee on Transportation and Infrastruc-ture of the House of Representatives and theCommittee on Environment and Public Works ofthe Senate a report on the projects undertakenby the eligible consortia and the progress madein advancing the purposes of this section.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—‘‘(1) IN GENERAL.—There is authorized to be

appropriated to carry out this section $50,000,000for each of fiscal years 1999 through 2003, to re-main available until expended.

CONGRESSIONAL RECORD — HOUSE H3881May 22, 1998‘‘(2) AVAILABILITY.—Notwithstanding section

118(a), funds made available under paragraph(1) shall not be available in advance of an an-nual appropriation.’’.

(b) CONFORMING AMENDMENT.—The analysisfor chapter 55 of title 49, United States Code, isamended by inserting after the item relating tosection 5505 the following:‘‘5506. Advanced vehicle technologies pro-

gram.’’.SEC. 5112. STUDY OF FUTURE STRATEGIC HIGH-

WAY RESEARCH PROGRAM.(a) STUDY.—Not later than 120 days after the

date of enactment of this Act, the Secretaryshall make a grant to, or enter into a coopera-tive agreement or contract with, the Transpor-tation Research Board of the National Academyof Sciences (in this section referred to as the‘‘Board’’) to conduct a study to determine thegoals, purposes, research agenda and projects,administrative structure, and fiscal needs for anew strategic highway research program to re-place the program established under section307(d) (as in effect on the day before the date ofenactment of this Act), or a similar effort.

(b) CONSULTATION.—In conducting the study,the Board shall consult with the American Asso-ciation of State Highway and TransportationOfficials and such other entities as the Boarddetermines appropriate to the conduct of thestudy.

(c) REPORT.—Not later than 5 years aftermaking a grant or entering into a cooperativeagreement or contract under subsection (a), theBoard shall submit a final report on the resultsof the study to the Secretary, the Committee onEnvironment and Public Works of the Senate,and the Committee on Transportation and In-frastructure of the House of Representatives.SEC. 5113. COMMERCIAL REMOTE SENSING PROD-

UCTS AND SPATIAL INFORMATIONTECHNOLOGIES.

(a) IN GENERAL.—The Secretary shall estab-lish and carry out a program to validate com-mercial remote sensing products and spatial in-formation technologies for application to na-tional transportation infrastructure develop-ment and construction.

(b) PROGRAM STAGES.—(1) FIRST STAGE.—Not later than 18 months

after the date of enactment of this Act, the Sec-retary shall establish a national policy for theuse of commercial remote sensing products andspatial information technologies in nationaltransportation infrastructure development andconstruction.

(2) SECOND STAGE.—After establishment of thenational policy under paragraph (1), the Sec-retary shall develop new applications of com-mercial remote sensing products and spatial in-formation technologies for the implementation ofthe national policy.

(c) COOPERATION.—The Secretary shall carryout this section in cooperation with the Com-mercial Remote Sensing Program of the NationalAeronautics and Space Administration and aconsortium of university research centers.

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carryout this section $10,000,000 for each of fiscalyears 1999 through 2004.SEC. 5114. SENSE OF CONGRESS ON THE YEAR

2000 PROBLEM.With the year 2000 fast approaching, it is the

sense of Congress that the Secretary should—(1) give high priority to correcting all 2-digit

date-related problems in computer systems of theDepartment of Transportation to ensure thatthe systems continue to operate effectively inthe year 2000 and thereafter;

(2) assess immediately the extent of the risk tothe operations of the Department of Transpor-tation posed by the problems referred to in para-graph (1), and plan and budget for achievingyear 2000 compliance for all mission-critical sys-tems of the Department; and

(3) develop contingency plans for those sys-tems that the Secretary of Transportation is un-able to correct in time.

SEC. 5115. INTERNATIONAL TRADE TRAFFIC.(a) STUDY.—The Director shall carry out a

study—(1) to measure the ton-miles and value-miles of

international trade traffic carried by highwayfor each State;

(2) to evaluate the accuracy and reliability ofsuch measures for use in the formula for high-way apportionments;

(3) to evaluate the accuracy and reliability ofthe use of diesel fuel data as a measure of inter-national trade traffic by State; and

(4) to identify needed improvements in long-term data collection programs to provide accu-rate and reliable measures of international traf-fic for use in the formula for highway appor-tionments.

(b) BASIS FOR EVALUATIONS.—The study shallevaluate the accuracy and reliability of meas-ures for use as formula factors based on statis-tical quality standards developed by the Bureauin consultation with the Committee on NationalStatistics of the National Academy of Sciences.

(c) REPORT.—Not later than 3 years after thedate of enactment of this Act, the Director shallsubmit to the Committee on Environment andPublic Works of the Senate and the Committeeon Transportation and Infrastructure of theHouse of Representatives a report on the resultsof the study carried out under paragraph (1),including recommendations for changes in lawnecessary to implement the identified needs forimprovements in long-term data collection pro-grams.SEC. 5116. UNIVERSITY GRANTS.

(a) SEISMIC RESEARCH, UNIVERSITY OF CALI-FORNIA AT SAN DIEGO.—

(1) GRANTS.—The Secretary shall make grantsto the University of California at San Diego toupgrade earthquake simulation facilities at theUniversity.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(1) of this Act, $1,000,000for each of fiscal years 1999 through 2002 shallbe available to carry out this subsection.

(b) GLOBAL CLIMATE RESEARCH, UNIVERSITYOF ALABAMA AT HUNTSVILLE.—

(1) GRANTS.—The Secretary shall make grantsto the University of Alabama at Huntsville forglobal climate research.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(1) of this Act, $200,000 foreach of fiscal years 1999 through 2003 shall beavailable to carry out this subsection.

(c) ASPHALT RESEARCH, AUBURN UNIVER-SITY.—

(1) GRANTS.—The Secretary shall make grantsto Auburn University for asphalt research.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(1) of this Act, $250,000 foreach of fiscal years 1999 and 2000 shall be avail-able to carry out this subsection.

(d) ADVANCED VEHICLE RESEARCH, UNIVERSITYOF ALABAMA AT TUSCALOOSA.—

(1) GRANTS.—The Secretary shall make grantsto the University of Alabama at Tuscaloosa foradvanced vehicle research, including the studyof fuel cell and electric vehicle technology.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act, $400,000 foreach of fiscal years 1999 through 2003 shall beavailable to carry out this subsection.

(e) GEOTHERMAL HEAT PUMP SMART BRIDGEPROGRAM, OKLAHOMA STATE UNIVERSITY.—

(1) GRANTS.—The Secretary shall make grantsto Oklahoma State University for the purposesof research, development, and field testing ofthe Geothermal Heat Pump Smart Bridge Pro-gram.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act, $1,000,000for fiscal year 1999, $1,000,000 for fiscal year2000, and $500,000 for fiscal year 2001 shall beavailable to carry out this subsection.

(f) INTELLIGENT STIFFENER FOR BRIDGESTRESS REDUCTION, UNIVERSITY OF OKLA-HOMA.—

(1) GRANTS.—The Secretary shall make grantsto the University of Oklahoma, College of Engi-neering, Center for Structural Control, for thepurposes of research, development, and fieldtesting of the Intelligent Stiffener for BridgeStress Reduction.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act, $1,000,000for fiscal year 1999, $1,000,000 for fiscal year2000, $1,000,000 for fiscal year 2001, and $500,000for fiscal year 2002 shall be available to carryout this subsection.

(g) STUDY OF ADVANCED TRAUMA CARE, UNI-VERSITY OF ALABAMA AT BIRMINGHAM.—

(1) GRANTS.—The Secretary shall make grantsto the University of Alabama at Birmingham forthe study of advanced trauma care.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act, $750,000 foreach of fiscal years 1999 through 2003 shall beavailable to carry out this subsection.

(h) CENTER FOR TRANSPORTATION INJURY RE-SEARCH.—

(1) GRANTS.—The Secretary shall make grantsto establish and maintain a center for transpor-tation injury research at the Calspan Universityof Buffalo Research Center affiliated with theState University of New York at Buffalo.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act, $2,000,000for each of fiscal years 1998 through 2003 shallbe available to carry out this subsection.

(i) HEAD AND SPINAL CORD INJURY RE-SEARCH.—

(1) GRANTS.—The Secretary shall make grantsto the Neuroscience Center for Excellence atLouisiana State University and the VirginiaTransportation Research Institute at GeorgeWashington University for research and tech-nology development for preventing and minimiz-ing head and spinal cord injuries relating toautomobile accidents.

(2) FUNDING.—Of the amounts made availableunder section 5001(a)(2) of this Act, $500,000 foreach of fiscal years 1999 through 2003 shall beavailable to carry out this subsection.SEC. 5117. TRANSPORTATION TECHNOLOGY INNO-

VATION AND DEMONSTRATION PRO-GRAM.

(a) IN GENERAL.—The Secretary shall carryout a transportation technology innovation anddemonstration program in accordance with therequirements of this section.

(b) CONTENTS OF PROGRAM.—(1) MOTOR VEHICLE SAFETY WARNING SYS-

TEM.—(A) IN GENERAL.—The Secretary shall expand

and continue the study authorized by section358(c) of the National Highway System Designa-tion Act of 1995 (23 U.S.C. 401 note; 109 Stat.625) relating to the development of a motor vehi-cle safety warning system and shall conducttests of such system.

(B) GRANTS.—In carrying out this paragraph,the Secretary may make grants to State andlocal governments.

(C) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2000 by sec-tion 5001(a)(2) of this Act, $700,000 per fiscalyear shall be available to carry out this para-graph.

(2) MOTOR CARRIER ADVANCED SENSOR CON-TROL SYSTEM.—

(A) IN GENERAL.—The Secretary shall conductresearch on the deployment of a system of ad-vanced sensors and signal processors in trucksand tractor trailers to determine axle and wheelalignment, monitor collision alarm, check tirepressure and tire balance conditions, measureand detect load distribution in the vehicle, andmonitor and adjust automatic braking systems.

(B) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 by sec-tion 5001(a)(2) of this Act, $700,000 per fiscalyear shall be available to carry out this para-graph.

(3) INTELLIGENT TRANSPORTATION INFRASTRUC-TURE.—

CONGRESSIONAL RECORD — HOUSEH3882 May 22, 1998(A) IN GENERAL.—The Secretary shall carry

out a program to advance the deployment of anoperational intelligent transportation infra-structure system for the measurement of varioustransportation system activities to aid in thetransportation planning and analysis whilemaking a significant contribution to the ITSprogram under this title. This program shall beinitiated in the 2 largest metropolitan areas inthe State of Pennsylvania. The program may lo-cate its database at the facility authorizedunder paragraph (6).

(B) DESCRIPTION.—The program under thissection shall meet the following objectives:

(i) Build an infrastructure of the measurementof various transportation system metrics to aidin planning, analysis, and maintenance of theDepartment of Transportation, including thebuildout, maintenance, and operation of greaterthan 40 metropolitan area systems with a costnot to exceed $2,000,000 per metropolitan area.For the purposes of this demonstration initia-tive, a metropolitan area is defined as any areathat has a population exceeding 300,000 andthat meets several of the criteria established bythe Secretary in conjunction with the intelligentvehicle highway systems corridors program.

(ii) Provide private technology commercializa-tion initiatives to generate revenues which willbe shared with local Department of Transpor-tations.

(iii) Collect data primarily through wirelesstransmission along with some shared wide areanetworks.

(iv) Aggregate data into reports for multipointdata distribution techniques.

(v) Utilize an advanced information systemdesigned and monitored by an entity with expe-rience with the Department of Transportation inthe design and monitoring of high reliability,mission critical voice and data systems.

(C) ELIGIBILITY.—In addition to the amountsmade available under subparagraph (D), theprogram authorized under this paragraph shallbe eligible for funding under sections 5207 and5208 of this Act.

(D) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 by sec-tion 5001(a)(2) of this Act, $1,700,000 per fiscalyear shall be available to carry out this para-graph.

(E) FEDERAL SHARE.—The Federal share ofthe cost of a program carried out under thisparagraph shall be 80 percent of the cost of suchprogram.

(4) CORROSION CONTROL AND PREVENTION.—(A) IN GENERAL.—The Secretary shall make a

grant to conduct a study on the costs and bene-fits of corrosion control and prevention. Thestudy shall be conducted in conjunction with aninterdisciplinary team of experts from the fieldsof metallurgy, chemistry, economics, and others,as appropriate. Not later than September 30,2001, the Secretary shall submit to Congress areport on the study results, together with anyrecommendations.

(B) FUNDING.—Of the amounts made availablefor each of fiscal years 1999 and 2000 by section5001(a)(1) of this Act, $500,000 per fiscal yearshall be available to carry out this paragraph.

(5) FUNDAMENTAL PROPERTIES OF ASPHALTSAND MODIFIED ASPHALTS.—

(A) IN GENERAL.—The Secretary shall con-tinue to carry out section 6016 of the IntermodalSurface Transportation Efficiency Act of 1991.Additional areas of the program under such sec-tion shall be asphalt-water interaction studiesand asphalt-aggregate thin film behavior stud-ies.

(B) FUNDING.—Of the amounts made availablefor each of fiscal years 1999 through 2003 by sec-tion 5001(a)(1) of this Act, $3,000,000 per fiscalyear shall be available to carry out this para-graph.

(6) ADVANCED TRAFFIC MONITORING AND RE-SPONSE CENTER.—

(A) IN GENERAL.—The Secretary shall makegrants to the Pennsylvania Transportation In-

stitute, in conjunction with the PennsylvaniaTurnpike Commission, to establish an advancedtraffic monitoring and emergency response cen-ter at Letterkenny Army Depot in Chambers-burg, Pennsylvania. The center shall help de-velop and coordinate traffic monitoring and ITSsystems on portions of the Pennsylvania Turn-pike system and I–81, coordinate emergency re-sponse with State and local governments in theCentral Pennsylvania Region and conduct re-search on emergency response and prototypetrauma response.

(B) FUNDING.—(i) ELIGIBILITY UNDER SECTION 5208.—The cen-

ter established under this paragraph shall be el-igible for funding under section 5208 of this Act.

(ii) ALLOCATION.—Of the amounts made avail-able for each of fiscal years 1998 through 2003by section 5001(a)(2) of this Act, $1,667,000 perfiscal year shall be available to carry out thisparagraph.

(7) TRANSPORTATION ECONOMIC AND LAND USESYSTEM.—

(A) IN GENERAL.—The Secretary shall con-tinue development and deployment through theNew Jersey Institute of Technology to metropoli-tan planning organizations of the Transpor-tation Economic and Land Use System.

(B) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 by sec-tion 5001(a)(2) of this Act, $1,000,000 per fiscalyear shall be available to carry out this para-graph.

(8) RECYCLED MATERIALS RESOURCE CENTER.—(A) ESTABLISHMENT.—The Secretary shall es-

tablish at the University of New Hampshire aresearch program to be known as the ‘‘RecycledMaterials Resource Center’’ (referred to in thisparagraph as the ‘‘Center’’).

(B) ACTIVITIES.—(i) IN GENERAL.—The Center shall—(I) systematically test, evaluate, develop ap-

propriate guidelines for, and demonstrate envi-ronmentally acceptable and occupationally safetechnologies and techniques for the increaseduse of traditional and nontraditional recycledand secondary materials in transportation in-frastructure construction and maintenance;

(II) make information available to State trans-portation departments, the Federal HighwayAdministration, the construction industry, andother interested parties to assist in evaluatingproposals to use traditional and nontraditionalrecycled and secondary materials in transpor-tation infrastructure construction;

(III) encourage the increased use of tradi-tional and nontraditional recycled and second-ary materials by using sound science to analyzethoroughly all potential long-term consider-ations that affect the physical and environ-mental performance of the materials; and

(IV) work cooperatively with Federal andState officials to reduce the institutional bar-riers that limit widespread use of traditionaland nontraditional recycled and secondary ma-terials and to ensure that such increased use isconsistent with the sustained environmentaland physical integrity of the infrastructure inwhich the materials are used.

(ii) SITES AND PROJECTS UNDER ACTUAL FIELDCONDITIONS.—In carrying out clause (i)(III), theSecretary may authorize the Center to—

(I) use test sites and demonstration projectsunder actual field conditions to develop appro-priate performance data; and

(II) develop appropriate tests and guidelinesto ensure correct use of recycled and secondarymaterials in transportation infrastructure con-struction.

(C) REVIEW AND EVALUATION.—(i) IN GENERAL.—Not less often than every 2

years, the Secretary shall review and evaluatethe program carried out by the Center.

(ii) NOTIFICATION OF DEFICIENCIES.—In carry-ing out clause (i), if the Secretary determinesthat the Center is deficient in carrying out sub-paragraph (B), the Secretary shall notify theCenter of each deficiency and recommend spe-cific measures to address the deficiency.

(iii) DISQUALIFICATION.—If, after the end ofthe 180-day period that begins on the date of no-tification to the Center under clause (ii), theSecretary determines that the Center has notcorrected each deficiency identified under clause(ii), the Secretary may, after notifying the Com-mittee on Environment and Public Works of theSenate and the Committee on Transportationand Infrastructure of the House of Representa-tives of the determination, disqualify the Centerfrom further participation under this section.

(D) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 by sec-tion 5001(a)(1) of this Act, $1,500,000 per fiscalyear shall be available to carry out this para-graph.SEC. 5118. DREXEL UNIVERSITY INTELLIGENT IN-

FRASTRUCTURE INSTITUTE.(a) IN GENERAL.—The Secretary, in coopera-

tion with the State of Pennsylvania, shall estab-lish the Intelligent Infrastructure Institute atDrexel University, Pennsylvania. The Instituteshall conduct research, training, technologytransfer, construction, maintenance, and otheractivities to advance infrastructure research.

(b) FUNDING.—The amounts made available bythe item numbered 315 in the table contained insection 1602 of this Act shall be available tocarry out this section.

(c) AUTHORIZATION.—There is authorized to beappropriated $10,000,000 to carry out subsection(a).

(d) FACILITY.—Funds made available to carryout this section may be used to construct abuilding to house the Institute.SEC. 5119. CONFORMING AMENDMENTS.

(a) Section 204(b) of title 23, United StatesCode, is amended in the last sentence by strik-ing ‘‘326’’ and inserting ‘‘504(b)’’.

(b) Sections 307, 321, 325, and 326 of title 23,United States Code, are repealed.

(c) The analysis for chapter 3 of title 23,United States Code, is amended by striking theitems relating to sections 307, 321, 325, and 326.

(d) Section 115(a)(1)(A)(i) of title 23, UnitedStates Code, is amended by striking ‘‘or 307’’and inserting ‘‘or 505’’.

(e) Section 151(d) of title 23, United StatesCode, is amended by striking ‘‘section 307(a),’’and inserting ‘‘section 502,’’.

(f) Section 106 of Public Law 89–564 (23 U.S.C.403 note; 80 Stat. 735) is amended in the thirdsentence by striking ‘‘sections 307 and 403 oftitle 23, United States Code,’’ and inserting‘‘section 403 and chapter 5 of title 23, UnitedStates Code,’’.Subtitle C—Intelligent Transportation Systems

SEC. 5201. SHORT TITLE.This subtitle may be cited as the ‘‘Intelligent

Transportation Systems Act of 1998’’.SEC. 5202. FINDINGS.

Congress finds that—(1) investments authorized by the Intermodal

Surface Transportation Efficiency Act of 1991(105 Stat. 1914 et seq.) have demonstrated thatintelligent transportation systems can mitigatesurface transportation problems in a cost-effec-tive manner; and

(2) continued investment in architecture andstandards development, research, and systemsintegration is needed to accelerate the rate atwhich intelligent transportation systems are in-corporated into the national surface transpor-tation network, thereby improving transpor-tation safety and efficiency and reducing costsand negative impacts on communities and theenvironment.SEC. 5203. GOALS AND PURPOSES.

(a) GOALS.—The goals of the intelligent trans-portation system program include—

(1) enhancement of surface transportation ef-ficiency and facilitation of intermodalism andinternational trade to enable existing facilitiesto meet a significant portion of future transpor-tation needs, including public access to employ-ment, goods, and services, and to reduce regu-latory, financial, and other transaction costs topublic agencies and system users;

CONGRESSIONAL RECORD — HOUSE H3883May 22, 1998(2) achievement of national transportation

safety goals, including the enhancement of safeoperation of motor vehicles and nonmotorizedvehicles, with particular emphasis on decreasingthe number and severity of collisions;

(3) protection and enhancement of the naturalenvironment and communities affected by sur-face transportation, with particular emphasison assisting State and local governments toachieve national environmental goals;

(4) accommodation of the needs of all users ofsurface transportation systems, including opera-tors of commercial vehicles, passenger vehicles,and motorcycles, and including individuals withdisabilities; and

(5) improvement of the Nation’s ability to re-spond to emergencies and natural disasters andenhancement of national defense mobility.

(b) PURPOSES.—The Secretary shall implementactivities under the intelligent system transpor-tation program to, at a minimum—

(1) expedite, in both metropolitan and ruralareas, deployment and integration of intelligenttransportation systems for consumers of pas-senger and freight transportation;

(2) ensure that Federal, State, and localtransportation officials have adequate knowl-edge of intelligent transportation systems forfull consideration in the transportation plan-ning process;

(3) improve regional cooperation and oper-ations planning for effective intelligent trans-portation system deployment;

(4) promote the innovative use of private re-sources;

(5) develop a workforce capable of developing,operating, and maintaining intelligent transpor-tation systems; and

(6) complete deployment of Commercial Vehi-cle Information Systems and Networks in a ma-jority of States by September 30, 2003.SEC. 5204. GENERAL AUTHORITIES AND REQUIRE-

MENTS.(a) SCOPE.—Subject to the provisions of this

subtitle, the Secretary shall conduct an ongoingintelligent transportation system program to re-search, develop, and operationally test intel-ligent transportation systems and advance na-tionwide deployment of such systems as a com-ponent of the surface transportation systems ofthe United States.

(b) POLICY.—Intelligent transportation systemoperational tests and deployment projects fund-ed pursuant to this subtitle shall encourage andnot displace public-private partnerships or pri-vate sector investment in such tests andprojects.

(c) COOPERATION WITH GOVERNMENTAL, PRI-VATE, AND EDUCATIONAL ENTITIES.—The Sec-retary shall carry out the intelligent transpor-tation system program in cooperation with Stateand local governments and other public entities,the United States private sector, the Federallaboratories, and colleges and universities, in-cluding historically black colleges and univer-sities and other minority institutions of highereducation.

(d) CONSULTATION WITH FEDERAL OFFI-CIALS.—In carrying out the intelligent transpor-tation system program, the Secretary, as appro-priate, shall consult with the Secretary of Com-merce, the Secretary of the Treasury, the Ad-ministrator of the Environmental ProtectionAgency, the Director of the National ScienceFoundation, and the heads of other Federal de-partments and agencies.

(e) TECHNICAL ASSISTANCE, TRAINING, AND IN-FORMATION.—The Secretary may provide tech-nical assistance, training, and information toState and local governments seeking to imple-ment, operate, maintain, or evaluate intelligenttransportation system technologies and services.

(f) TRANSPORTATION PLANNING.—The Sec-retary may provide funding to support adequateconsideration of transportation system manage-ment and operations, including intelligenttransportation systems, within metropolitan andstatewide transportation planning processes.

(g) INFORMATION CLEARINGHOUSE.—(1) IN GENERAL.—The Secretary shall—(A) maintain a repository for technical and

safety data collected as a result of federallysponsored projects carried out under this sub-title; and

(B) on request, make that information (exceptfor proprietary information and data) readilyavailable to all users of the repository at an ap-propriate cost.

(2) DELEGATION OF AUTHORITY.—(A) IN GENERAL.—The Secretary may delegate

the responsibility of the Secretary under thissubsection, with continuing oversight by theSecretary, to an appropriate entity not withinthe Department of Transportation.

(B) FEDERAL ASSISTANCE.—If the Secretarydelegates the responsibility, the entity to whichthe responsibility is delegated shall be eligiblefor Federal assistance under this section.

(h) ADVISORY COMMITTEES.—(1) IN GENERAL.—In carrying out this subtitle,

the Secretary may use 1 or more advisory com-mittees.

(2) APPLICABILITY OF FEDERAL ADVISORY COM-MITTEE ACT.—Any advisory committee so usedshall be subject to the Federal Advisory Commit-tee Act (5 U.S.C. App.).

(i) PROCUREMENT METHODS.—(1) TECHNICAL ASSISTANCE.—The Secretary

shall develop appropriate technical assistanceand guidance to assist State and local agenciesin evaluating and selecting appropriate methodsof procurement for intelligent transportationsystem projects carried out using funds madeavailable from the Highway Trust Fund, includ-ing innovative and nontraditional methods suchas the Information Technology Omnibus Pro-curement.

(2) INTELLIGENT TRANSPORTATION SYSTEMSOFTWARE.—To the maximum extent practicable,contracting officials shall use as a critical eval-uation criterion the Software Engineering Insti-tute’s Capability Maturity Model, or anothersimilar recognized standard risk assessmentmethodology, to reduce the cost, schedule, andperformance risks associated with the develop-ment, management, and integration of intel-ligent transportation system software.

(j) EVALUATIONS.—(1) GUIDELINES AND REQUIREMENTS.—(A) IN GENERAL.—The Secretary shall issue

guidelines and requirements for the evaluationof operational tests and deployment projectscarried out under this subtitle.

(B) OBJECTIVITY AND INDEPENDENCE.—Theguidelines and requirements issued under sub-paragraph (A) shall include provisions to ensurethe objectivity and independence of the evalua-tor so as to avoid any real or apparent conflictof interest or potential influence on the outcomeby parties to any such test or deploymentproject or by any other formal evaluation car-ried out under this subtitle.

(C) FUNDING.—The guidelines and require-ments issued under subparagraph (A) shall es-tablish evaluation funding levels based on thesize and scope of each test or project that ensureadequate evaluation of the results of the test orproject.

(2) SPECIAL RULE.—Any survey, questionnaire,or interview that the Secretary considers nec-essary to carry out the evaluation of any test,deployment project, or program assessment ac-tivity under this subtitle shall not be subject tochapter 35 of title 44.SEC. 5205. NATIONAL ITS PROGRAM PLAN.

(a) IN GENERAL.—(1) UPDATES.—The Secretary shall maintain

and update, as necessary, the National ITS Pro-gram Plan developed by the Department ofTransportation and the Intelligent Transpor-tation Society of America.

(2) SCOPE.—The National ITS Program Planshall—

(A) specify the goals, objectives, and mile-stones for the research and deployment of intel-

ligent transportation systems in the context ofmajor metropolitan areas, smaller metropolitanand rural areas, and commercial vehicle oper-ations;

(B) specify how specific programs and projectswill achieve the goals, objectives, and milestonesreferred to in subparagraph (A), including con-sideration of the 5- and 10-year timeframes forthe goals and objectives;

(C) identify activities that provide for the dy-namic development of standards and protocolsto promote and ensure interoperability in theimplementation of intelligent transportation sys-tem technologies, including actions taken to es-tablish critical standards; and

(D) establish a cooperative process with Stateand local governments for determining desiredsurface transportation system performance lev-els and developing plans for incorporation ofspecific intelligent transportation system capa-bilities into surface transportation systems.

(b) REPORTING.—The plan described in sub-section (a) shall be transmitted and updated aspart of the Surface Transportation Researchand Development Strategic Plan developedunder section 508 of title 23, United States Code.SEC. 5206. NATIONAL ARCHITECTURE AND

STANDARDS.(a) IN GENERAL.—(1) DEVELOPMENT, IMPLEMENTATION, AND

MAINTENANCE.—Consistent with section 12(d) ofthe National Technology Transfer and Advance-ment Act of 1995 (15 U.S.C. 272 note; 110 Stat.783), the Secretary shall develop, implement,and maintain a national architecture and sup-porting standards and protocols to promote thewidespread use and evaluation of intelligenttransportation system technology as a compo-nent of the surface transportation systems of theUnited States.

(2) INTEROPERABILITY AND EFFICIENCY.—Tothe maximum extent practicable, the nationalarchitecture shall promote interoperabilityamong, and efficiency of, intelligent transpor-tation system technologies implementedthroughout the United States.

(3) USE OF STANDARDS DEVELOPMENT ORGANI-ZATIONS.—In carrying out this section, the Sec-retary may use the services of such standardsdevelopment organizations as the Secretary de-termines to be appropriate.

(b) REPORT ON CRITICAL STANDARDS.—Notlater than June 1, 1999, the Secretary shall sub-mit a report to the Committee on Environmentand Public Works of the Senate and the Com-mittee on Transportation and Infrastructureand the Committee on Science of the House ofRepresentatives identifying which standards arecritical to ensuring national interoperability orcritical to the development of other standardsand specifying the status of the development ofeach standard identified.

(c) PROVISIONAL STANDARDS.—(1) IN GENERAL.—If the Secretary finds that

the development or balloting of an intelligenttransportation system standard jeopardizes thetimely achievement of the objectives identified insubsection (a), the Secretary may establish aprovisional standard after consultation with af-fected parties, and using, to the extent prac-ticable, the work product of appropriate stand-ards development organizations.

(2) CRITICAL STANDARDS.—If a standard iden-tified as critical in the report under subsection(b) is not adopted and published by the appro-priate standards development organization byJanuary 1, 2001, the Secretary shall establish aprovisional standard after consultation with af-fected parties, and using, to the extent prac-ticable, the work product of appropriate stand-ards development organizations.

(3) PERIOD OF EFFECTIVENESS.—A provisionalstandard established under paragraph (1) or (2)shall be published in the Federal Register andremain in effect until the appropriate standardsdevelopment organization adopts and publishesa standard.

(d) WAIVER OF REQUIREMENT TO ESTABLISHPROVISIONAL STANDARD.—

CONGRESSIONAL RECORD — HOUSEH3884 May 22, 1998(1) IN GENERAL.—The Secretary may waive the

requirement under subsection (c)(2) to establisha provisional standard if the Secretary deter-mines that additional time would be productiveor that establishment of a provisional standardwould be counterproductive to achieving thetimely achievement of the objectives identified insubsection (a).

(2) NOTICE.—The Secretary shall publish inthe Federal Register a notice describing eachstandard for which a waiver of the provisionalstandard requirement has been granted, the rea-sons for and effects of granting the waiver, andan estimate as to when the standard is expectedto be adopted through a process consistent withsection 12(d) of the National Technology Trans-fer and Advancement Act of 1995 (15 U.S.C. 272note; 110 Stat. 783).

(3) WITHDRAWAL OF WAIVER.—At any time theSecretary may withdraw a waiver grantedunder paragraph (1). Upon such withdrawal,the Secretary shall publish in the Federal Reg-ister a notice describing each standard forwhich a waiver has been withdrawn and thereasons for withdrawing the waiver.

(e) CONFORMITY WITH NATIONAL ARCHITEC-TURE.—

(1) IN GENERAL.—Except as provided in para-graphs (2) and (3), the Secretary shall ensurethat intelligent transportation system projectscarried out using funds made available from theHighway Trust Fund, including funds madeavailable under this subtitle to deploy intel-ligent transportation system technologies, con-form to the national architecture, applicablestandards or provisional standards, and proto-cols developed under subsection (a).

(2) SECRETARY’S DISCRETION.—The Secretarymay authorize exceptions to paragraph (1) for—

(A) projects designed to achieve specific re-search objectives outlined in the National ITSProgram Plan under section 5205 or the SurfaceTransportation Research and Development Stra-tegic Plan developed under section 508 of title23, United States Code; or

(B) the upgrade or expansion of an intelligenttransportation system in existence on the date ofenactment of this subtitle, if the Secretary deter-mines that the upgrade or expansion—

(i) would not adversely affect the goals orpurposes of this subtitle;

(ii) is carried out before the end of the usefullife of such system; and

(iii) is cost-effective as compared to alter-natives that would meet the conformity require-ment of paragraph (1).

(3) EXCEPTIONS.—Paragraph (1) shall notapply to funds used for operation or mainte-nance of an intelligent transportation system inexistence on the date of enactment of this sub-title.

(f) SPECTRUM.—The Federal CommunicationsCommission shall consider, in consultation withthe Secretary, spectrum needs for the operationof intelligent transportation systems, includingspectrum for the dedicated short-range vehicle-to-wayside wireless standard. Not later thanJanuary 1, 2000, the Federal CommunicationsCommission shall have completed a rulemakingconsidering the allocation of spectrum for intel-ligent transportation systems.SEC. 5207. RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—The Secretary shall carryout a comprehensive program of intelligenttransportation system research, developmentand operational tests of intelligent vehicles andintelligent infrastructure systems, and othersimilar activities that are necessary to carry outthis subtitle.

(b) PRIORITY AREAS.—Under the program, theSecretary shall give higher priority to fundingprojects that—

(1) address traffic management, incident man-agement, transit management, toll collection,traveler information, or highway operations sys-tems;

(2) focus on crash-avoidance and integrationof in-vehicle crash protection technologies with

other on-board safety systems, including theinteraction of air bags and safety belts;

(3) incorporate human factors research, in-cluding the science of the driving process;

(4) facilitate the integration of intelligent in-frastructure, vehicle, and control technologies,including magnetic guidance control systems orother materials or magnetics research; or

(5) incorporate research on the impact of envi-ronmental, weather, and natural conditions onintelligent transportation systems, including theeffects of cold climates.

(c) OPERATIONAL TESTS.—Operational testsconducted under this section shall be designedfor the collection of data to permit objectiveevaluation of the results of the tests, derivationof cost-benefit information that is useful to oth-ers contemplating deployment of similar systems,and development and implementation of stand-ards.

(d) FEDERAL SHARE.—The Federal share ofthe cost of operational tests and demonstrationsunder subsection (a) shall not exceed 80 percent.SEC. 5208. INTELLIGENT TRANSPORTATION SYS-

TEM INTEGRATION PROGRAM.(a) IN GENERAL.—The Secretary shall conduct

a comprehensive program to accelerate the inte-gration and interoperability of intelligent trans-portation systems in metropolitan and ruralareas. Under the program, the Secretary shallselect for funding, through competitive solicita-tion, projects that will serve as models to im-prove transportation efficiency, promote safety(including safe freight movement), increase traf-fic flow (including the flow of intermodal travelat ports of entry), reduce emissions of air pollut-ants, improve traveler information, enhance al-ternative transportation modes, build on exist-ing intelligent transportation system projects, orpromote tourism.

(b) SELECTION OF PROJECTS.—Under the pro-gram, the Secretary shall give priority to fund-ing projects that—

(1) contribute to national deployment goalsand objectives outlined in the National ITS Pro-gram Plan under section 5205;

(2) demonstrate a strong commitment to co-operation among agencies, jurisdictions, and theprivate sector, as evidenced by signed memo-randa of understanding that clearly define theresponsibilities and relations of all parties to apartnership arrangement, including institu-tional relationships and financial agreementsneeded to support deployment;

(3) encourage private sector involvement andfinancial commitment, to the maximum extentpracticable, through innovative financial ar-rangements, especially public-private partner-ships, including arrangements that generaterevenue to offset public investment costs;

(4) demonstrate commitment to a comprehen-sive plan of fully integrated intelligent transpor-tation system deployment in accordance withthe national architecture and standards andprotocols established under section 5206;

(5) are part of approved plans and programsdeveloped under applicable statewide and met-ropolitan transportation planning processes andapplicable State air quality implementationplans, as appropriate, at the time at which Fed-eral funds are sought;

(6) minimize the relative percentage andamount of Federal contributions under this sec-tion to total project costs;

(7) ensure continued, long-term operationsand maintenance without continued reliance onFederal funding under this subtitle, as evi-denced by documented evidence of fiscal capac-ity and commitment from anticipated public andprivate sources;

(8) demonstrate technical capacity for effec-tive operations and maintenance or commitmentto acquiring necessary skills;

(9) mitigate any adverse impacts on bicycleand pedestrian transportation and safety; or

(10) in the case of a rural area, meet othersafety, mobility, geographic and regional diver-sity, or economic development criteria as deter-mined by the Secretary.

(c) FISCAL YEAR LIMITATIONS.—Of theamounts made available to carry out this sectionfor a fiscal year—

(1) not more that $15,000,000 may be used forprojects in a single metropolitan area;

(2) not more than $2,000,000 may be used forprojects in a single rural area; and

(3) not more than $35,000,000 may be used forprojects in a State.

(d) FUNDING LIMITATIONS.—(1) PROJECTS IN METROPOLITAN AREAS.—Fund-

ing under this section for intelligent transpor-tation infrastructure projects in metropolitanareas shall be used primarily for activities nec-essary to integrate intelligent transportation in-frastructure elements that are either deployed orto be deployed with other sources of funds.

(2) OTHER PROJECTS.—For projects outsidemetropolitan areas, funding provided under thissubtitle may also be used for installation of in-telligent transportation infrastructure elements.

(e) FUNDING FOR RURAL AREAS.—The Sec-retary shall allocate not less than 10 percent offunds authorized by section 5001(c)(4)(A) inrural areas for intelligent transportation infra-structure deployment activities funded underthis section to carry out intelligent transpor-tation infrastructure deployment activities inrural areas.

(f) FEDERAL SHARE.—(1) FUNDS MADE AVAILABLE UNDER THIS SEC-

TION.—The Federal share of the cost of a projectpayable from funds made available under thissection shall not exceed 50 percent.

(2) FUNDS MADE AVAILABLE FROM ALL FED-ERAL SOURCES.—The total Federal share of thecost of a project payable from all eligible sources(including this section) shall not exceed 80 per-cent.

(g) CORRIDOR DEVELOPMENT AND COORDINA-TION.—

(1) IN GENERAL.—The Secretary shall encour-age multistate cooperative agreements, coali-tions, or other arrangements intended to pro-mote regional cooperation, planning, andshared project implementation for intelligenttransportation system projects.

(2) GREAT LAKES ITS IMPLEMENTATION.—(A) IN GENERAL.—The Secretary shall make

grants under this subsection to the State of Wis-consin to continue ITS activities in the corridorserving the Greater Milwaukee, Wisconsin, Chi-cago, Illinois, and Gary, Indiana, areas initi-ated under the Intermodal Surface Transpor-tation Efficiency Act of 1991 and other areas ofthe State.

(B) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 undersection 5001(c)(4)(A) of this Act, $2,000,000 perfiscal year shall be available to carry out thisparagraph.

(3) NORTHEAST ITS IMPLEMENTATION.—(A) IN GENERAL.—The Secretary shall make

grants under this subsection to the States tocontinue ITS activities in the Interstate RouteI–95 corridor in the northeastern United Statesinitiated under the Intermodal Surface Trans-portation Efficiency Act of 1991.

(B) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 undersection 5001(c)(4)(A) of this Act, $5,000,000 perfiscal year shall be available to carry out thisparagraph.SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT

TRANSPORTATION SYSTEM INFRA-STRUCTURE DEPLOYMENT.

(a) IN GENERAL.—The Secretary shall carryout a comprehensive program to deploy intel-ligent transportation systems that—

(1) improve the safety and productivity ofcommercial vehicles and drivers; and

(2) reduce costs associated with commercialvehicle operations and Federal and State com-mercial vehicle regulatory requirements.

(b) PURPOSE.—The program shall advance thetechnological capability and promote the de-ployment of intelligent transportation systemapplications to commercial vehicle operations,

CONGRESSIONAL RECORD — HOUSE H3885May 22, 1998including commercial vehicle, commercial driver,and carrier-specific information systems andnetworks.

(c) PRIORITY AREAS.—In carrying out the pro-gram, the Secretary shall give priority toprojects that—

(1) encourage multistate cooperation and cor-ridor development;

(2)(A) improve the safety of commercial vehi-cle operations; and

(B) increase the efficiency of regulatory in-spection processes to reduce administrative bur-dens by advancing technology to facilitate in-spections and generally increase the effective-ness of enforcement efforts;

(3)(A) advance electronic processing of reg-istration information, driver licensing informa-tion, fuel tax information, inspection and crashdata, and other safety information; and

(B) promote communication of the informationamong the States; or

(4) enhance the safe passage of commercial ve-hicles across the United States and across inter-national borders.

(d) LEVERAGING OF FEDERAL FUNDS.—Federalfunds used to carry out the program shall, tothe maximum extent practicable—

(1) be leveraged with non-Federal funds; and(2) be used for activities not carried out

through the use of private funds.(e) FEDERAL SHARE.—The Federal share of the

cost of the project payable from funds madeavailable to carry out this section shall not ex-ceed 50 percent. The total Federal share of thecost of the project payable from all eligiblesources shall not exceed 80 percent.SEC. 5210. USE OF FUNDS.

(a) OUTREACH AND PUBLIC RELATIONS LIMITA-TION.—

(1) IN GENERAL.—For each fiscal year, notmore than $5,000,000 of the funds made availableto carry out this subtitle shall be used for intel-ligent transportation system outreach, public re-lations, displays, scholarships, tours, and bro-chures.

(2) APPLICABILITY.—Paragraph (1) shall notapply to intelligent transportation system train-ing or the publication or distribution of researchfindings, technical guidance, or similar docu-ments.

(b) INFRASTRUCTURE DEVELOPMENT.—Fundsmade available to carry out this subtitle foroperational tests and deployment projects—

(1) shall be used primarily for the developmentof intelligent transportation system infrastruc-ture; and

(2) to the maximum extent practicable, shallnot be used for the construction of physicalhighway and transit infrastructure unless theconstruction is incidental and critically nec-essary to the implementation of an intelligenttransportation system project.

(c) LIFE CYCLE COST ANALYSIS AND FINANCINGAND OPERATIONS PLAN.—The Secretary shall re-quire an applicant for funds made availableunder sections 5208 and 5209 to submit to theSecretary—

(1) an analysis of the life-cycle costs of oper-ation and maintenance of intelligent transpor-tation system elements, if the total initial cap-ital costs of the elements exceed $3,000,000; and

(2) a multiyear financing and operations planthat describes how the project will be cost-effec-tively operated and maintained.SEC. 5211. DEFINITIONS.

In this subtitle, the following definitionsapply:

(1) COMMERCIAL VEHICLE INFORMATION SYS-TEMS AND NETWORKS.—The term ‘‘CommercialVehicle Information Systems and Networks’’means the information systems and communica-tions networks that support commercial vehicleoperations.

(2) COMMERCIAL VEHICLE OPERATIONS.—Theterm ‘‘commercial vehicle operations’’—

(A) means motor carrier operations and motorvehicle regulatory activities associated with the

commercial movement of goods, including haz-ardous materials, and passengers; and

(B) with respect to the public sector, includesthe issuance of operating credentials, the ad-ministration of motor vehicle and fuel taxes,and roadside safety and border crossing inspec-tion and regulatory compliance operations.

(3) CORRIDOR.—The term ‘‘corridor’’ meansany major transportation route that includesparallel limited access highways, major arteri-als, or transit lines.

(4) INTELLIGENT TRANSPORTATION INFRASTRUC-TURE.—The term ‘‘intelligent transportation in-frastructure’’ means fully integrated public sec-tor intelligent transportation system compo-nents, as defined by the Secretary.

(5) INTELLIGENT TRANSPORTATION SYSTEM.—The term ‘‘intelligent transportation system’’means electronics, communications, or informa-tion processing used singly or in combination toimprove the efficiency or safety of a surfacetransportation system.

(6) NATIONAL ARCHITECTURE.—The term ‘‘na-tional architecture’’ means the common frame-work for interoperability adopted by the Sec-retary that defines—

(A) the functions associated with intelligenttransportation system user services;

(B) the physical entities or subsystems withinwhich the functions reside;

(C) the data interfaces and information flowsbetween physical subsystems; and

(D) the communications requirements associ-ated with the information flows.

(7) STANDARD.—The term ‘‘standard’’ means adocument that—

(A) contains technical specifications or otherprecise criteria for intelligent transportationsystems that are to be used consistently as rules,guidelines, or definitions of characteristics so asto ensure that materials, products, processes,and services are fit for their purposes; and

(B) may support the national architecture andpromote—

(i) the widespread use and adoption of intel-ligent transportation system technology as acomponent of the surface transportation systemsof the United States; and

(ii) interoperability among intelligent trans-portation system technologies implementedthroughout the States.

(8) STATE.—The term ‘‘State’’ has the meaninggiven the term under section 101 of title 23,United States Code.SEC. 5212. PROJECT FUNDING.

(a) USE OF HAZARDOUS MATERIALS MONITOR-ING SYSTEMS.—

(1) IN GENERAL.—The Secretary shall conductresearch on improved methods of deploying andintegrating existing ITS projects to include haz-ardous materials monitoring systems across var-ious modes of transportation.

(2) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 by sec-tion 5001(a)(6) of this Act, $1,500,000 per fiscalyear shall be available to carry out this para-graph.

(b) OUTREACH AND TECHNOLOGY TRANSFERACTIVITIES.—

(1) IN GENERAL.—The Secretary shall continueto support the Urban Consortium’s ITS outreachand technology transfer activities.

(2) FUNDING.—Of the amounts made availablefor each of fiscal years 1998 through 2003 by sec-tion 5001(a)(5) of this Act, $500,000 per fiscalyear shall be available to carry out this para-graph.

(c) TRANSLINK.—(1) IN GENERAL.—The Secretary shall make

grants to the Texas Transportation Institute tocontinue the Translink Research program.

(2) FUNDING.—Of the amounts allocated foreach of fiscal years 1999 through 2001 by section5001(a)(6) of this Act, $1,300,000 per fiscal yearshall be available to carry out this paragraph.SEC. 5213. REPEAL.

The Intermodal Surface Transportation Effi-ciency Act of 1991 is amended by striking part Bof title VI (23 U.S.C. 307 note; 105 Stat. 2189).

TITLE VI—OZONE AND PARTICULATEMATTER STANDARDS

SEC. 6101. FINDINGS AND PURPOSE.(a) The Congress finds that—(1) there is a lack of air quality monitoring

data for fine particle levels, measured as PM2.5,in the United States and the States should re-ceive full funding for the monitoring efforts;

(2) such data would provide a basis for des-ignating areas as attainment or nonattainmentfor any PM2.5 national ambient air qualitystandards pursuant to the standards promul-gated in July 1997;

(3) the President of the United States directedthe Administrator of the Environmental Protec-tion Agency (referred to in this title as the ‘‘Ad-ministrator’’) in a memorandum dated July 16,1997, to complete the next periodic review of theparticulate matter national ambient air qualitystandards by July 2002 in order to determine‘‘whether to revise or maintain the standards’’;

(4) the Administrator has stated that 3 yearsof air quality monitoring data for fine particlelevels, measured as PM2.5 and performed in ac-cordance with any applicable Federal referencemethods, is appropriate for designating areas asattainment or nonattainment pursuant to theJuly 1997 promulgated standards; and

(5) the Administrator has acknowledged thatin drawing boundaries for attainment and non-attainment areas for the July 1997 ozone na-tional air quality standards, Governors wouldbenefit from considering implementation guid-ance from EPA on drawing area boundaries.

(b) The purposes of this title are—(1) to ensure that 3 years of air quality mon-

itoring data regarding fine particle levels aregathered for use in the determination of area at-tainment or nonattainment designations respect-ing any PM2.5 national ambient air qualitystandards;

(2) to ensure that the Governors have ade-quate time to consider implementation guidancefrom EPA on drawing area boundaries prior tosubmitting area designations respecting the July1997 ozone national ambient air quality stand-ards;

(3) to ensure that the schedule for implemen-tation of the July 1997 revisions of the ambientair quality standards for particulate matter andthe schedule for the Environmental ProtectionAgency’s visibility regulations related to re-gional haze are consistent with the timetable forimplementation of such particulate matterstandards as set forth in the President’s Imple-mentation Memorandum dated July 16, 1997.SEC. 6102. PARTICULATE MATTER MONITORING

PROGRAM.(a) Through grants under section 103 of the

Clean Air Act the Administrator of the Environ-mental Protection Agency shall use appro-priated funds no later than fiscal year 2000 tofund 100 percent of the cost of the establish-ment, purchase, operation and maintenance of aPM2.5 monitoring network necessary to imple-ment the national ambient air quality standardsfor PM2.5 under section 109 of the Clean Air Act.This implementation shall not result in a diver-sion or reprogramming of funds from other Fed-eral, State or local Clean Air Act activities. Anyfunds previously diverted or reprogrammed fromsection 105 Clean Air Act grants for PM2.5 mon-itors must be restored to State or local air pro-grams in fiscal year 1999.

(b) EPA and the States, consistent with theirrespective authorities under the Clean Air Act,shall ensure that the national network (des-ignated in subsection (a)) which consists of thePM2.5 monitors necessary to implement the na-tional ambient air quality standards is estab-lished by December 31, 1999.

(c)(1) The Governors shall be required to sub-mit designations referred to in section 107(d)(1)of the Clean Air Act for each area followingpromulgation of the July 1997 PM2.5 nationalambient air quality standard within 1 year afterreceipt of 3 years of air quality monitoring data

CONGRESSIONAL RECORD — HOUSEH3886 May 22, 1998performed in accordance with any applicableFederal reference methods for the relevantareas. Only data from the monitoring networkdesignated in subsection (a) and other Federalreference method PM2.5 monitors shall be consid-ered for such designations. Nothing in the pre-vious sentence shall be construed as affectingthe Governor’s authority to designate an areainitially as nonattainment, and the Administra-tor’s authority to promulgate the designation ofan area as nonattainment, under section107(d)(1) of the Clean Air Act, based on its con-tribution to ambient air quality in a nearbynonattainment area.

(2) For any area designated as nonattainmentfor the July 1997 PM2.5 national ambient airquality standard in accordance with the sched-ule set forth in this section, notwithstanding thetime limit prescribed in paragraph (2) of section169B(e) of the Clean Air Act, the Administratorshall require State implementation plan revi-sions referred to in such paragraph (2) to besubmitted at the same time as State implementa-tion plan revisions referred to in section 172 ofthe Clean Air Act implementing the revised na-tional ambient air quality standard for fine par-ticulate matter are required to be submitted. Forany area designated as attainment orunclassifiable for such standard, the Adminis-trator shall require the State implementationplan revisions referred to in such paragraph (2)to be submitted 1 year after the area has been sodesignated. The preceding provisions of thisparagraph shall not preclude the implementa-tion of the agreements and recommendations setforth in the Grand Canyon Visibility TransportCommission Report dated June 1996.

(d) The Administrator shall promulgate thedesignations referred to in section 107(d)(1) ofthe Clean Air Act for each area following pro-mulgation of the July 1997 PM2.5 national ambi-ent air quality standard by the earlier of 1 yearafter the initial designations required undersubsection (c)(1) are required to be submitted orDecember 31, 2005.

(e) The Administrator shall conduct a fieldstudy of the ability of the PM2.5 Federal Ref-erence Method to differentiate those particlesthat are larger than 2.5 micrograms in diameter.This study shall be completed and provided tothe Committee on Commerce of the House ofRepresentatives and the Committee on Environ-ment and Public Works of the United StatesSenate no later than 2 years from the date ofenactment of this Act.SEC. 6103. OZONE DESIGNATION REQUIREMENTS.

(a) The Governors shall be required to submitthe designations referred to in section 107(d)(1)of the Clean Air Act within 2 years followingthe promulgation of the July 1997 ozone na-tional ambient air quality standards.

(b) The Administrator shall promulgate finaldesignations no later than 1 year after the des-ignations required under subsection (a) are re-quired to be submitted.SEC. 6104. ADDITIONAL PROVISIONS.

Nothing in sections 6101 through 6103 shall beconstrued by the Administrator of Environ-mental Protection Agency or any court, State,or person to affect any pending litigation or tobe a ratification of the ozone or PM2.5 stand-ards.

TITLE VII—MISCELLANEOUSSubtitle A—Automobile Safety and Information

SEC 7101. SHORT TITLE.This subtitle may be cited as the ‘‘National

Highway Traffic Safety Administration Reau-thorization Act of 1998’’.SEC. 7102. AUTHORIZATIONS OF APPROPRIA-

TIONS.(a) MOTOR VEHICLE SAFETY ACTIVITIES.—Sec-

tion 30104 of title 49, United States Code, isamended to read as follows:‘‘§ 30104. Authorization of appropriations

‘‘There is authorized to be appropriated to theSecretary $81,200,000 for the National Highway

Traffic Safety Administration to carry out thispart in each fiscal year beginning in fiscal year1999 and ending in fiscal year 2001.’’.

(b) MOTOR VEHICLE INFORMATION ACTIVI-TIES.—Section 32102 of title 49, United StatesCode, is amended to read as follows:

‘‘§ 32102. Authorization of appropriations‘‘There is authorized to be appropriated to the

Secretary $6,200,000 for the National HighwayTraffic Safety Administration to carry out thispart in each fiscal year beginning in fiscal year1999 and ending in fiscal year 2001.’’.SEC. 7103. IMPROVING AIR BAG SAFETY.

(a) RULEMAKING TO IMPROVE AIR BAGS.—(1) NOTICE OF PROPOSED RULEMAKING.—Not

later than September 1, 1998, the Secretary ofTransportation shall issue a notice of proposedrulemaking to improve occupant protection foroccupants of different sizes, belted andunbelted, under Federal Motor Vehicle SafetyStandard No. 208, while minimizing the risk toinfants, children, and other occupants from in-juries and deaths caused by air bags, by meansthat include advanced air bags.

(2) FINAL RULE.—Notwithstanding any otherprovision of law, the Secretary shall completethe rulemaking required by this subsection byissuing, not later than September 1, 1999, a finalrule with any provision the Secretary deems ap-propriate, consistent with paragraph (1) and therequirements of section 30111, title 49, UnitedStates Code. If the Secretary determines that thefinal rule cannot be completed by that date tomeet the purposes of paragraph (1), the Sec-retary may extend the date for issuing the finalrule to not later than March 1, 2000.

(3) EFFECTIVE DATE.—The final rule issuedunder this subsection shall become effective inphases as rapidly as practicable, beginning notearlier than September 1, 2002, and no soonerthan 30 months after the date of the issuance ofthe final rule, but not later than September 1,2003. The final rule shall become fully effectivefor all vehicles identified in section 30127(b),title 49, United States Code, that are manufac-tured on and after September 1, 2005. Should thephase-in of the final rule required by this para-graph commence on September 1, 2003, then inthat event, and only in that event, the Secretaryis authorized to make the final rule fully effec-tive on September 1, 2006, for all vehicles thatare manufactured on and after that date.

(4) COORDINATION OF EFFECTIVE DATES.—Therequirements of S13 of Standard No. 208 shall re-main in effect unless and until changed by therule required by this subsection.

(5) CREDIT FOR EARLY COMPLIANCE.—To en-courage early compliance, the Secretary is di-rected to include in the notice of proposed rule-making required by paragraph (1) means bywhich manufacturers may earn credits for fu-ture compliance. Credits, on a one-vehicle forone-vehicle basis, may be earned for vehiclescertified as being in full compliance under sec-tion 30115 of title 49, United States Code, withthe rule required by paragraph (2) which are ei-ther—

(A) so certified in advance of the phase-in pe-riod; or

(B) in excess of the percentage requirementsduring the phase-in period.

(b) ADVISORY COMMITTEES.—Any governmentadvisory committee, task force, or other entityinvolving air bags shall include representativesof consumer and safety organizations, insurers,manufacturers, and suppliers.SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVI-

TIES.(a) AMENDMENT.—Subchapter I of chapter 301

of title 49, United States Code, is amended byadding at the end the following:

‘‘§ 30105. Restriction on lobbying activities‘‘(a) IN GENERAL.—No funds appropriated to

the Secretary shall be available for any activityspecifically designed to urge a State or local leg-islator to favor or oppose the adoption of any

specific legislative proposal pending before anyState or local legislative body.

‘‘(b) APPEARANCE AS WITNESS NOT BARRED.—Subsection (a) does not prohibit officers or em-ployees of the United States from testifying be-fore any State or local legislative body in re-sponse to the invitation of any member of thatlegislative body or a State executive office.’’.

(b) CLERICAL AMENDMENT.—The table of con-tents in subchapter I of chapter 301 of title 49,United States Code, is amended by adding at theend the following:‘‘30105. Restriction on lobbying activities.’’.SEC. 7105. ODOMETERS.

(a) TRANSFERS OF NEW MOTOR VEHICLES.—Section 32705(a) of title 49, United States Code,is amended by adding at the end the following:

‘‘(4)(A) This subsection shall apply to alltransfers of motor vehicles (unless otherwise ex-empted by the Secretary by regulation), exceptin the case of transfers of new motor vehiclesfrom a vehicle manufacturer jointly to a dealerand a person engaged in the business of rentingor leasing vehicles for a period of 30 days orless.

‘‘(B) For purposes of subparagraph (A), theterm ‘new motor vehicle’ means any motor vehi-cle driven with no more than the limited usenecessary in moving, transporting, or road test-ing such vehicle prior to delivery from the vehi-cle manufacturer to a dealer, but in no eventshall the odometer reading of such vehicle ex-ceed 300 miles.’’.

(b) EXEMPTED VEHICLES.—Section 32705(a) oftitle 49, United States Code, as amended by sub-section (a), is amended by adding at the end thefollowing new paragraph:

‘‘(5) The Secretary may exempt such classes orcategories of vehicles as the Secretary deems ap-propriate from these requirements. Until suchtime as the Secretary amends or modifies theregulations set forth in 49 CFR 580.6, such regu-lations shall have full force and effect.’’.SEC. 7106. MISCELLANEOUS AMENDMENTS.

(a) REMEDIES FOR DEFECTS AND NONCOMPLI-ANCE.—Section 30120(i)(1) of title 49, UnitedStates Code, is amended by inserting ‘‘(includ-ing retailers of motor vehicle equipment)’’ after‘‘dealer’’ the first time it appears.

(b) TIRES.—Section 30123 of title 49, UnitedStates Code, is amended by striking subsections(a), (b), and (c) and by redesignating sub-sections (d), (e), and (f), as subsections (a), (b),and (c), respectively.

(c) AUTOMATIC OCCUPANT CRASH PROTECTIONAND SEAT BELT USE.—Section 30127(g)(1) of title49, United States Code, is amended by striking‘‘every 6 months’’ and inserting ‘‘annually’’.

(d) MISCELLANEOUS.—(1) DEFINITIONS.—(A) COUNTRY OF ORIGIN.—Section

32304(a)(3)(B) of title 49, United States Code, isamended by inserting before the period the fol-lowing: ‘‘, plus the assembly and labor costs in-curred for the final assembly of such enginesand transmissions’’.

(B) FINAL ASSEMBLY PLACE.—Section32304(a)(5) of title 49, United States Code, isamended is amended by adding at the end thefollowing: ‘‘Such term does not include facilitiesfor engine and transmission fabrication and as-sembly and the facilities for fabrication of motorvehicle equipment component parts which areproduced at the same final assembly place usingforming processes such as stamping, machining,or molding processes.’’.

(C) OUTSIDE SUPPLIER CONTENT REPORTING.—Section 32304(a)(9)(A) of title 49, United StatesCode, is amended to read as follows:

‘‘(A) for an outside supplier—‘‘(i) the full purchase price of passenger motor

vehicle equipment whose purchase price con-tains at least 70 percent value added in theUnited States and Canada; or

‘‘(ii) that portion of the purchase price of pas-senger motor vehicle equipment containing lessthan 70 percent value added in the United

CONGRESSIONAL RECORD — HOUSE H3887May 22, 1998States and Canada that is attributable to thepercent value added in the United States andCanada when such percent is expressed to thenearest 5 percent; and’’.

(2) COUNTRY OF ASSEMBLY.—Section 32304(d)of title 49, United States Code, is amended byadding at the end the following; ‘‘A manufac-turer may add to the label required under sub-section (b) a line stating the country in whichvehicle assembly was completed.’’.

(3) VEHICLE CONTENT PERCENTAGE BY ASSEM-BLY PLANT.—Section 32304 of title 49, UnitedStates Code, is amended by redesignating sub-sections (c) through (f) as subsections (f)through (i), respectively, and by adding aftersubsection (b) the following:

‘‘(c) VEHICLE CONTENT PERCENTAGE BY AS-SEMBLY PLANT.—A manufacturer may displayseparately on the label required by subsection(b) the domestic content of a vehicle based onthe assembly plant. Such display shall occurafter the matter required to be in the label bysubsection (b)(1)(A).’’.

(4) SUPPLIERS FAILING TO REPORT.—Section32304 of title 49, United States Code, is amendedby adding after subsection (c), as added byparagraph (3), the following:

‘‘(d) VALUE ADDED DETERMINATION.—If amanufacturer or allied supplier requests infor-mation in a timely manner from one or more ofits outside suppliers concerning the UnitedStates /Canadian content of particular equip-ment, but does not receive that information de-spite a good faith effort to obtain it, the manu-facturer or allied supplier may make its owngood faith value added determinations, subjectto the following:

‘‘(1) The manufacturer or allied supplier shallmake the same value added determinations aswould be made by the outside supplier, that is,whether 70 percent or more of the value ofequipment is added in the United States and /orCanada.

‘‘(2) The manufacturer or allied supplier shallconsider the amount of value added and the lo-cation in which the value was added for all ofthe stages that the outside supplier would be re-quired to consider.

‘‘(3) The manufacturer or allied supplier maydetermine that the value added in the UnitedStates and /or Canada is 70 percent or more onlyif it has a good faith basis to make that deter-mination.

‘‘(4) A manufacturer and its allied suppliersmay, on a combined basis, make value added de-terminations for no more than 10 percent, byvalue, of a carline’s total parts content fromoutside suppliers.

‘‘(5) Value added determinations made by amanufacturer or allied supplier under this para-graph shall have the same effect as if they weremade by the outside supplier.

‘‘(6) This provision does not affect the obliga-tion of outside suppliers to provide the requestedinformation.’’.

(5) ACCOUNTING FOR THE VALUE OF SMALLPARTS.—Section 32304 of title 49, United StatesCode, is amended by adding after subsection (d),as added by paragraph (4), the following:

‘‘(e) SMALL PARTS.—The country of origin ofnuts, bolts, clips, screws, pins, braces, gasoline,oil, blackout, phosphate rinse, windshield wash-er fluid, fasteners, tire assembly fluid, rivets,adhesives, and grommets, of any system, sub-assembly, or component installed in a vehicleshall be considered to be the country in whichsuch parts were included in the final assemblyof such vehicle.’’.

(e) STUDY.—The National Highway TrafficSafety Administration shall conduct a study ofthe benefits to motor vehicle drivers of a regula-tion to require the installation in a motor vehi-cle of an interior device to release the trunk lid.Not later than 18 months after the date of theenactment of this Act, the Administration shallsubmit a report on the results of the study to theCommittee on Commerce of the House of Rep-resentatives and the Committee on Commerce,Science, and Transportation of the Senate.

SEC. 7107. IMPORTATION OF MOTOR VEHICLEFOR SHOW OR DISPLAY.

(a) IMPORTATION OF NONCOMPLYING MOTORVEHICLES.—Section 30114 of title 49, UnitedStates Code, is amended by striking ‘‘or competi-tive racing events’’ and inserting ‘‘competitiveracing events, show, or display’’.

(b) TRANSITION RULE.—A person who is theowner of a motor vehicle located in the UnitedStates on the date of enactment of this Act mayseek an exemption under section 30114 of title 49,United States Code, as amended by subsection(a) of this section, for a period of 6 months afterthe date regulations of the Secretary of Trans-portation promulgated in response to suchamendment take effect.

Subtitle B—RailroadsSEC. 7201. HIGH-SPEED RAIL.

(a) AUTHORIZATION OF APPROPRIATIONS.—Sec-tion 26104 of title 49, United States Code, isamended—

(1) by redesignating subsection (d) as sub-section (h); and

(2) by inserting after subsection (c) the follow-ing new subsections:

‘‘(d) FISCAL YEAR 1998.—(1) There are author-ized to be appropriated to the Secretary$10,000,000 for fiscal year 1998, for carrying outsection 26101 (including payment of administra-tive expenses related thereto).

‘‘(2) There are authorized to be appropriatedto the Secretary $25,000,000 for fiscal year 1998,for carrying out section 26102 (including pay-ment of administrative expenses related thereto).

‘‘(e) FISCAL YEAR 1999.—(1) There are author-ized to be appropriated to the Secretary$10,000,000 for fiscal year 1999, for carrying outsection 26101 (including payment of administra-tive expenses related thereto).

‘‘(2) There are authorized to be appropriatedto the Secretary $25,000,000 for fiscal year 1999,for carrying out section 26102 (including pay-ment of administrative expenses related thereto).

‘‘(f) FISCAL YEAR 2000.—(1) There are author-ized to be appropriated to the Secretary$10,000,000 for fiscal year 2000, for carrying outsection 26101 (including payment of administra-tive expenses related thereto).

‘‘(2) There are authorized to be appropriatedto the Secretary $25,000,000 for fiscal year 2000,for carrying out section 26102 (including pay-ment of administrative expenses related thereto).

‘‘(g) FISCAL YEAR 2001.—(1) There are author-ized to be appropriated to the Secretary$10,000,000 for fiscal year 2001, for carrying outsection 26101 (including payment of administra-tive expenses related thereto).

‘‘(2) There are authorized to be appropriatedto the Secretary $25,000,000 for fiscal year 2001,for carrying out section 26102 (including pay-ment of administrative expenses related there-to).’’.

(b) DEFINITION.—Section 26105(2) of title 49,United States Code, is amended to read as fol-lows:

‘‘(2) the term ‘high-speed rail’ means all formsof nonhighway ground transportation that runon rails or electromagnetic guideways providingtransportation service which is—

‘‘(A) reasonably expected to reach sustainedspeeds of more than 125 miles per hour; and

‘‘(B) made available to members of the generalpublic as passengers,but does not include rapid transit operationswithin an urban area that are not connected tothe general rail system of transportation;’’.SEC. 7202. LIGHT DENSITY RAIL LINE PILOT

PROJECTS.(a) AMENDMENT.—Part B of subtitle V of title

49, United States Code, is amended by adding atthe end the following new chapter:‘‘CHAPTER 223—LIGHT DENSITY RAIL LINE

PILOT PROJECTS‘‘Sec.‘‘22301. Light density rail line pilot projects.‘‘§ 22301. Light density rail line pilot projects

‘‘(a) GRANTS.—The Secretary of Transpor-tation may make grants to States that have

State rail plans described in section 22102 (1)and (2), to fund pilot projects that demonstratethe relationship of light density railroad servicesto the statutory responsibilities of the Secretary,including those under title 23.

‘‘(b) LIMITATIONS.—Grants under this sectionmay be made only for pilot projects for makingcapital improvements to, and rehabilitating,publicly and privately owned rail line struc-tures, and may not be used for providing operat-ing assistance.

‘‘(c) PRIVATE OWNER CONTRIBUTIONS.—Grantsmade under this section for projects on privatelyowned rail line structures shall include con-tributions by the owner of the rail line struc-tures, based on the benefit to those structures,as determined by the Secretary.

‘‘(d) STUDY.—The Secretary shall conduct astudy of the pilot projects carried out with grantassistance under this section to determine thepublic interest benefits associated with the lightdensity railroad networks in the States andtheir contribution to a multimodal transpor-tation system. Not later than March 31, 2003,the Secretary shall report to Congress any rec-ommendations the Secretary considers appro-priate regarding the eligibility of light densityrail networks for Federal infrastructure financ-ing.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to theSecretary to carry out this section $17,500,000 foreach of the fiscal years 1998, 1999, 2000, 2001,2002, and 2003. Such funds shall remain avail-able until expended.’’.

(b) TABLE OF CHAPTERS.—The table of chap-ters of subtitle V of title 49, United States Code,is amended by inserting after the item relatingto chapter 221 the following new item:‘‘223. LIGHT DENSITY RAIL LINE

PILOT PROJECTS ..................... 22301’’.SEC. 7203. RAILROAD REHABILITATION AND IM-

PROVEMENT FINANCING.(a) AMENDMENTS.—Title V of the Railroad Re-

vitalization and Regulatory Reform Act of 1976is amended—

(1) by striking sections 501 through 504 andinserting the following new sections:‘‘SEC. 501. DEFINITIONS.

‘‘For purposes of this title:‘‘(1)(A) The term ‘cost’ means the estimated

long-term cost to the Government of a directloan or loan guarantee or modification thereof,calculated on a net present value basis, exclud-ing administrative costs and any incidental ef-fects on governmental receipts or outlays.

‘‘(B) The cost of a direct loan shall be the netpresent value, at the time when the direct loanis disbursed, of the following estimated cashflows:

‘‘(i) Loan disbursements.‘‘(ii) Repayments of principal.‘‘(iii) Payments of interest and other pay-

ments by or to the Government over the life ofthe loan after adjusting for estimated defaults,prepayments, fees, penalties, and other recover-ies.Calculation of the cost of a direct loan shall in-clude the effects of changes in loan terms result-ing from the exercise by the borrower of an op-tion included in the loan contract.

‘‘(C) The cost of a loan guarantee shall be thenet present value, at the time when the guaran-teed loan is disbursed, of the following estimatedcash flows:

‘‘(i) Payments by the Government to cover de-faults and delinquencies, interest subsidies, orother payments.

‘‘(ii) Payments to the Government, includingorigination and other fees, penalties, and recov-eries.Calculation of the cost of a loan guarantee shallinclude the effects of changes in loan terms re-sulting from the exercise by the guaranteedlender of an option included in the loan guaran-tee contract, or by the borrower of an option in-cluded in the guaranteed loan contract.

CONGRESSIONAL RECORD — HOUSEH3888 May 22, 1998‘‘(D) The cost of a modification is the dif-

ference between the current estimate of the netpresent value of the remaining cash flows underthe terms of a direct loan or loan guarantee con-tract, and the current estimate of the netpresent value of the remaining cash flows underthe terms of the contract, as modified.

‘‘(E) In estimating net present values, the dis-count rate shall be the average interest rate onmarketable Treasury securities of similar matu-rity to the cash flows of the direct loan or loanguarantee for which the estimate is being made.

‘‘(F) When funds are obligated for a directloan or loan guarantee, the estimated cost shallbe based on the current assumptions, adjustedto incorporate the terms of the loan contract, forthe fiscal year in which the funds are obligated.

‘‘(2) The term ‘current’ has the same meaningas in section 250(c)(9) of the Balanced Budgetand Emergency Deficit Control Act of 1985.

‘‘(3) The term ‘direct loan’ means a disburse-ment of funds by the Government to a non-Fed-eral borrower under a contract that requires therepayment of such funds. The term includes thepurchase of, or participation in, a loan made byanother lender and financing arrangements thatdefer payment for more than 90 days, includingthe sale of a government asset on credit terms.The term does not include the acquisition of afederally guaranteed loan in satisfaction of de-fault claims.

‘‘(4) The term ‘direct loan obligation’ means abinding agreement by the Secretary to make adirect loan when specified conditions are ful-filled by the borrower.

‘‘(5) The term ‘intermodal’ means of or relat-ing to the connection between rail service andother modes of transportation, including allparts of facilities at which such connection ismade.

‘‘(6) The term ‘loan guarantee’ means anyguarantee, insurance, or other pledge with re-spect to the payment of all or a part of the prin-cipal or interest on any debt obligation of anon-Federal borrower to a non-Federal lender,but does not include the insurance of deposits,shares, or other withdrawable accounts in fi-nancial institutions.

‘‘(7) The term ‘loan guarantee commitment’means a binding agreement by the Secretary tomake a loan guarantee when specified condi-tions are fulfilled by the borrower, the lender, orany other party to the guarantee agreement.

‘‘(8) The term ‘modification’ means any Gov-ernment action that alters the estimated cost ofan outstanding direct loan (or direct loan obli-gation) or an outstanding loan guarantee (orloan guarantee commitment) from the currentestimate of cash flows. This includes the sale ofloan assets, with or without recourse, and thepurchase of guaranteed loans. This also in-cludes any action resulting from new legisla-tion, or from the exercise of administrative dis-cretion under existing law, that directly or indi-rectly alters the estimated cost of outstandingdirect loans (or direct loan obligations) or loanguarantees (or loan guarantee commitments)such as a change in collection procedures.‘‘SEC. 502. DIRECT LOANS AND LOAN GUARAN-

TEES.‘‘(a) GENERAL AUTHORITY.—The Secretary

may provide direct loans and loan guarantees toState and local governments, government spon-sored authorities and corporations, railroads,and joint ventures that include at least 1 rail-road.

‘‘(b) ELIGIBLE PURPOSES.—‘‘(1) IN GENERAL.—Direct loans and loan guar-

antees under this section shall be used to—‘‘(A) acquire, improve, or rehabilitate inter-

modal or rail equipment or facilities, includingtrack, components of track, bridges, yards,buildings, and shops;

‘‘(B) refinance outstanding debt incurred forthe purposes described in subparagraph (A); or

‘‘(C) develop or establish new intermodal orrailroad facilities.

‘‘(2) OPERATING EXPENSES NOT ELIGIBLE.—Di-rect loans and loan guarantees under this sec-

tion shall not be used for railroad operating ex-penses.

‘‘(c) PRIORITY PROJECTS.—In granting appli-cations for direct loans or guaranteed loansunder this section, the Secretary shall give pri-ority to projects that—

‘‘(1) enhance public safety;‘‘(2) enhance the environment;‘‘(3) promote economic development;‘‘(4) enable United States companies to be

more competitive in international markets;‘‘(5) are endorsed by the plans prepared under

section 135 of title 23, United States Code, by theState or States in which they are located; or

‘‘(6) preserve or enhance rail or intermodalservice to small communities or rural areas.

‘‘(d) EXTENT OF AUTHORITY.—The aggregateunpaid principal amounts of obligations underdirect loans and loan guarantees made underthis section shall not exceed $3,500,000,000 atany one time. Of this amount, not less than$1,000,000,000 shall be available solely forprojects primarily benefiting freight railroadsother than Class I carriers.

‘‘(e) RATES OF INTEREST.—‘‘(1) DIRECT LOANS.—The Secretary shall re-

quire interest to be paid on a direct loan madeunder this section at a rate not less than thatnecessary to recover the cost of making the loan.

‘‘(2) LOAN GUARANTEES.—The Secretary shallnot make a loan guarantee under this section ifthe interest rate for the loan exceeds that whichthe Secretary determines to be reasonable, tak-ing into consideration the prevailing interestrates and customary fees incurred under similarobligations in the private capital market.

‘‘(f) INFRASTRUCTURE PARTNERS.—‘‘(1) AUTHORITY OF SECRETARY.—In lieu of or

in combination with appropriations of budgetauthority to cover the costs of direct loans andloan guarantees as required under section504(b)(1) of the Federal Credit Reform Act of1990, the Secretary may accept on behalf of anapplicant for assistance under this section acommitment from a non-Federal source to fundin whole or in part credit risk premiums with re-spect to the loan that is the subject of the appli-cation. In no event shall the aggregate of appro-priations of budget authority and credit riskpremiums described in this paragraph with re-spect to a direct loan or loan guarantee be lessthan the cost of that direct loan or loan guaran-tee.

‘‘(2) CREDIT RISK PREMIUM AMOUNT.—The Sec-retary shall determine the amount required forcredit risk premiums under this subsection onthe basis of—

‘‘(A) the circumstances of the applicant, in-cluding the amount of collateral offered;

‘‘(B) the proposed schedule of loan disburse-ments;

‘‘(C) historical data on the repayment historyof similar borrowers;

‘‘(D) consultation with the CongressionalBudget Office; and

‘‘(E) any other factors the Secretary considersrelevant.

‘‘(3) PAYMENT OF PREMIUMS.—Credit risk pre-miums under this subsection shall be paid to theSecretary before the disbursement of loanamounts.

‘‘(4) COHORTS OF LOANS.—In order to main-tain sufficient balances of credit risk premiumsto adequately protect the Federal Governmentfrom risk of default, while minimizing the lengthof time the Government retains possession ofthose balances, the Secretary shall establish co-horts of loans. When all obligations attached toa cohort of loans have been satisfied, credit riskpremiums paid for the cohort, and interest ac-crued thereon, which were not used to mitigatelosses shall be returned to the original source ona pro rata basis.

‘‘(g) PREREQUISITES FOR ASSISTANCE.—TheSecretary shall not make a direct loan or loanguarantee under this section unless the Sec-retary has made a finding in writing that—

‘‘(1) repayment of the obligation is required tobe made within a term of not more than 25 yearsfrom the date of its execution;

‘‘(2) the direct loan or loan guarantee is justi-fied by the present and probable future demandfor rail services or intermodal facilities;

‘‘(3) the applicant has given reasonable assur-ances that the facilities or equipment to be ac-quired, rehabilitated, improved, developed, orestablished with the proceeds of the obligationwill be economically and efficiently utilized;

‘‘(4) the obligation can reasonably be repaid,using an appropriate combination of credit riskpremiums and collateral offered by the appli-cant to protect the Federal Government; and

‘‘(5) the purposes of the direct loan or loanguarantee are consistent with subsection (b).

‘‘(h) CONDITIONS OF ASSISTANCE.—The Sec-retary shall, before granting assistance underthis section, require the applicant to agree tosuch terms and conditions as are sufficient, inthe judgment of the Secretary, to ensure that, aslong as any principal or interest is due and pay-able on such obligation, the applicant, and anyrailroad or railroad partner for whose benefitthe assistance is intended—

‘‘(1) will not use any funds or assets from rail-road or intermodal operations for purposes notrelated to such operations, if such use would im-pair the ability of the applicant, railroad, orrailroad partner to provide rail or intermodalservices in an efficient and economic manner, orwould adversely affect the ability of the appli-cant, railroad, or railroad partner to performany obligation entered into by the applicantunder this section;

‘‘(2) will, consistent with its capital resources,maintain its capital program, equipment, facili-ties, and operations on a continuing basis; and

‘‘(3) will not make any discretionary dividendpayments that unreasonably conflict with thepurposes stated in subsection (b).‘‘SEC. 503. ADMINISTRATION OF DIRECT LOANS

AND LOAN GUARANTEES.‘‘(a) APPLICATIONS.—The Secretary shall pre-

scribe the form and contents required of applica-tions for assistance under section 502, to enablethe Secretary to determine the eligibility of theapplicant’s proposal, and shall establish termsand conditions for direct loans and loan guar-antees made under that section.

‘‘(c) ASSIGNMENT OF LOAN GUARANTEES.—Theholder of a loan guarantee made under section502 may assign the loan guarantee in whole orin part, subject to such requirements as the Sec-retary may prescribe.

‘‘(d) MODIFICATIONS.—The Secretary may ap-prove the modification of any term or conditionof a direct loan, loan guarantee, direct loan ob-ligation, or loan guarantee commitment, includ-ing the rate of interest, time of payment of inter-est or principal, or security requirements, if theSecretary finds in writing that—

‘‘(1) the modification is equitable and is in theoverall best interests of the United States; and

‘‘(2) consent has been obtained from the appli-cant and, in the case of a loan guarantee orloan guarantee commitment, the holder of theobligation.

‘‘(e) COMPLIANCE.—The Secretary shall assurecompliance, by an applicant, any other party tothe loan, and any railroad or railroad partnerfor whose benefit assistance is intended, withthe provisions of this title, regulations issuedhereunder, and the terms and conditions of thedirect loan or loan guarantee, includingthrough regular periodic inspections.

‘‘(f) COMMERCIAL VALIDITY.—For purposes ofclaims by any party other than the Secretary, aloan guarantee or loan guarantee commitmentshall be conclusive evidence that the underlyingobligation is in compliance with the provisionsof this title, and that such obligation has beenapproved and is legal as to principal, interest,and other terms. Such a guarantee or commit-ment shall be valid and incontestable in thehands of a holder thereof, including the originallender or any other holder, as of the date whenthe Secretary granted the application therefor,except as to fraud or material misrepresentationby such holder.

CONGRESSIONAL RECORD — HOUSE H3889May 22, 1998‘‘(g) DEFAULT.—The Secretary shall prescribe

regulations setting forth procedures in the eventof default on a loan made or guaranteed undersection 502. The Secretary shall ensure thateach loan guarantee made under that sectioncontains terms and conditions that providethat—

‘‘(1) if a payment of principal or interestunder the loan is in default for more than 30days, the Secretary shall pay to the holder ofthe obligation, or the holder’s agent, the amountof unpaid guaranteed interest;

‘‘(2) if the default has continued for morethan 90 days, the Secretary shall pay to theholder of the obligation, or the holder’s agent,90 percent of the unpaid guaranteed principal;

‘‘(3) after final resolution of the default,through liquidation or otherwise, the Secretaryshall pay to the holder of the obligation, or theholder’s agent, any remaining amounts guaran-teed but which were not recovered through thedefault’s resolution;

‘‘(4) the Secretary shall not be required tomake any payment under paragraphs (1)through (3) if the Secretary finds, before the ex-piration of the periods described in such para-graphs, that the default has been remedied; and

‘‘(5) the holder of the obligation shall not re-ceive payment or be entitled to retain paymentin a total amount which, together with all otherrecoveries (including any recovery based upon asecurity interest in equipment or facilities) ex-ceeds the actual loss of such holder.

‘‘(h) RIGHTS OF THE SECRETARY.—‘‘(1) SUBROGATION.—If the Secretary makes

payment to a holder, or a holder’s agent, undersubsection (g) in connection with a loan guar-antee made under section 502, the Secretaryshall be subrogated to all of the rights of theholder with respect to the obligor under theloan.

‘‘(2) DISPOSITION OF PROPERTY.—The Sec-retary may complete, recondition, reconstruct,renovate, repair, maintain, operate, charter,rent, sell, or otherwise dispose of any propertyor other interests obtained pursuant to this sec-tion. The Secretary shall not be subject to anyFederal or State regulatory requirements whencarrying out this paragraph.

‘‘(i) ACTION AGAINST OBLIGOR.—The Secretarymay bring a civil action in an appropriate Fed-eral court in the name of the United States inthe event of a default on a direct loan madeunder section 502, or in the name of the UnitedStates or of the holder of the obligation in theevent of a default on a loan guaranteed undersection 502. The holder of a guarantee shallmake available to the Secretary all records andevidence necessary to prosecute the civil action.The Secretary may accept property in full orpartial satisfaction of any sums owed as a resultof a default. If the Secretary receives, throughthe sale or other disposition of such property,an amount greater than the aggregate of—

‘‘(1) the amount paid to the holder of a guar-antee under subsection (g) of this section; and

‘‘(2) any other cost to the United States ofremedying the default,the Secretary shall pay such excess to the obli-gor.

‘‘(j) BREACH OF CONDITIONS.—The AttorneyGeneral shall commence a civil action in an ap-propriate Federal court to enjoin any activitywhich the Secretary finds is in violation of thistitle, regulations issued hereunder, or any con-ditions which were duly agreed to, and to secureany other appropriate relief.

‘‘(k) ATTACHMENT.—No attachment or execu-tion may be issued against the Secretary, or anyproperty in the control of the Secretary, prior tothe entry of final judgment to such effect in anyState, Federal, or other court.

‘‘(l) INVESTIGATION CHARGE.—The Secretarymay charge and collect from each applicant areasonable charge for appraisal of the value ofthe equipment or facilities for which the directloan or loan guarantee is sought, and for mak-ing necessary determinations and findings. Such

charge shall not aggregate more than one-halfof 1 percent of the principal amount of the obli-gation.’’;

(2) by striking sections 505 through 515 (otherthan 511(c)), 517, and 518;

(3) in section 511(c) by striking ‘‘this section’’and inserting ‘‘section 502’’;

(4) by moving subsection (c) of section 511 (asamended by paragraph (3) of this section) fromsection 511 to section 503 (as inserted by para-graph (1) of this section), inserting it after sub-section (a), and redesignating it as subsection(b); and

(5) by redesignating section 516 as section 504.(b) TECHNICAL AND CONFORMING PROVI-

SIONS.—(1) TABLE OF CONTENTS.—The table of con-

tents of title V of the Railroad Revitalizationand Regulatory Reform Act of 1976 is amendedby striking the items relating to sections 502through 518 and inserting the following:‘‘Sec. 502. Direct loans and loan guarantees.‘‘Sec. 503. Administration of direct loans and

loan guarantees.‘‘Sec. 504. Employee protection.’’.

(2) SAVINGS PROVISION.—A transaction enteredinto under the authority of title V of the Rail-road Revitalization and Regulatory Reform Actof 1976 (45 U.S.C. 821 et seq.) before the date ofenactment of this Act shall be administered untilcompletion under its terms as if this Act werenot enacted.

(3) REPEAL.—Section 211(i) of the RegionalRail Reorganization Act of 1973 (45 U.S.C.721(i)) is repealed.SEC. 7204. ALASKA RAILROAD.

(a) GRANTS.—The Secretary may make grantsto the Alaska Railroad for capital rehabilitationof and improvements to its passenger services.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carryout this section $5,250,000 for each of fiscalyears 1998 through 2003.

Subtitle C—Comprehensive One-CallNotification

SEC. 7301. FINDINGS.Congress finds that—(1) unintentional damage to underground fa-

cilities during excavation is a significant causeof disruptions in telecommunications, watersupply, electric power, and other vital publicservices, such as hospital and air traffic controloperations, and is a leading cause of naturalgas and hazardous liquid pipeline accidents;

(2) excavation that is performed without priornotification to an underground facility operatoror with inaccurate or untimely marking of sucha facility prior to excavation can cause damagethat results in fatalities, serious injuries, harmto the environment and disruption of vital serv-ices to the public; and

(3) protection of the public and the environ-ment from the consequences of underground fa-cility damage caused by excavations will be en-hanced by a coordinated national effort to im-prove one-call notification programs in eachState and the effectiveness and efficiency ofone-call notification systems that operate undersuch programs.SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.

(a) IN GENERAL.—Subtitle III of title 49,United States Code, is amended by adding at theend thereof the following:

‘‘CHAPTER 61—ONE-CALL NOTIFICATIONPROGRAMS

‘‘Sec.‘‘6101. Purposes.‘‘6102. Definitions.‘‘6103. Minimum standards for State one-call

notification programs.‘‘6104. Compliance with minimum standards.‘‘6105. Review of one-call system best practices.‘‘6106. Grants to States.‘‘6107. Authorization of appropriations.‘‘6108. Relationship to State laws.‘‘§ 6101. Purposes

‘‘The purposes of this chapter are—

‘‘(1) to enhance public safety;‘‘(2) to protect the environment;‘‘(3) to minimize risks to excavators; and‘‘(4) to prevent disruption of vital public serv-

ices,by reducing the incidence of damage to under-ground facilities during excavation through thevoluntary adoption and efficient implementa-tion by all States of State one-call notificationprograms that meet the minimum standards setforth under section 6103.‘‘§ 6102. Definitions

‘‘In this chapter, the following definitionsapply:

‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—Theterm ‘‘one-call notification system’’ means a sys-tem operated by an organization that has as 1of its purposes to receive notification from exca-vators of intended excavation in a specified areain order to disseminate such notification to un-derground facility operators that are members ofthe system so that such operators can locate andmark their facilities in order to prevent damageto underground facilities in the course of suchexcavation.

‘‘(2) STATE ONE-CALL NOTIFICATION PRO-GRAM.—The term ‘‘State one-call notificationprogram’’ means the State statutes, regulations,orders, judicial decisions, and other elements oflaw and policy in effect in a State that establishthe requirements for the operation of one-callnotification systems in such State.

‘‘(3) STATE.—The term ‘State’ means a State,the District of Columbia, and Puerto Rico.

‘‘(4) SECRETARY.—The term ‘Secretary’ meansthe Secretary of Transportation.‘‘§ 6103. Minimum standards for State one-call

notification programs‘‘(a) MINIMUM STANDARDS.—In order to qual-

ify for a grant under section 6106, a State one-call notification program shall, at a minimum,provide for—

‘‘(1) appropriate participation by all under-ground facility operators;

‘‘(2) appropriate participation by all exca-vators; and

‘‘(3) flexible and effective enforcement underState law with respect to participation in, anduse of, one-call notification systems.

‘‘(b) APPROPRIATE PARTICIPATION.—In deter-mining the appropriate extent of participationrequired for types of underground facilities orexcavators under subsection (a), a State shallassess, rank, and take into consideration therisks to the public safety, the environment, ex-cavators, and vital public services associatedwith—

‘‘(1) damage to types of underground facili-ties; and

‘‘(2) activities of types of excavators.‘‘(c) IMPLEMENTATION.—A State one-call noti-

fication program also shall, at a minimum, pro-vide for—

‘‘(1) consideration of the ranking of risksunder subsection (b) in the enforcement of itsprovisions;

‘‘(2) a reasonable relationship between thebenefits of one-call notification and the cost ofimplementing and complying with the require-ments of the State one-call notification program;and

‘‘(3) voluntary participation where the Statedetermines that a type of underground facilityor an activity of a type of excavator poses a deminimis risk to public safety or the environment.

‘‘(d) PENALTIES.—To the extent the State de-termines appropriate and necessary to achievethe purposes of this chapter, a State one-callnotification program shall, at a minimum, pro-vide for—

‘‘(1) administrative or civil penalties commen-surate with the seriousness of a violation by anexcavator or facility owner of a State one-callnotification program;

‘‘(2) increased penalties for parties that re-peatedly damage underground facilities becausethey fail to use one-call notification systems or

CONGRESSIONAL RECORD — HOUSEH3890 May 22, 1998for parties that repeatedly fail to provide timelyand accurate marking after the required callhas been made to a one-call notification system;

‘‘(3) reduced or waived penalties for a viola-tion of a requirement of a State one-call notifi-cation program that results in, or could resultin, damage that is promptly reported by the vio-lator;

‘‘(4) equitable relief; and‘‘(5) citation of violations.

‘‘§ 6104. Compliance with minimum standards‘‘(a) REQUIREMENT.—In order to qualify for a

grant under section 6106, each State shall sub-mit to the Secretary a grant application undersubsection (b). The State shall submit the appli-cation not later than 2 years after the date ofenactment of this chapter.

‘‘(b) APPLICATION.—‘‘(1) Upon application by a State, the Sec-

retary shall review that State’s one-call notifi-cation program, including the provisions for theimplementation of the program and the record ofcompliance and enforcement under the program.

‘‘(2) Based on the review under paragraph (1),the Secretary shall determine whether theState’s one-call notification program meets theminimum standards for such a program set forthin section 6103 in order to qualify for a grantunder section 6106.

‘‘(3) In order to expedite compliance underthis section, the Secretary may consult with theState as to whether an existing State one-callnotification program, a specific modificationthereof, or a proposed State program would re-sult in a positive determination under para-graph (2).

‘‘(4) The Secretary shall prescribe the formand manner of filing an application under thissection that shall provide sufficient informationabout a State’s one-call notification program forthe Secretary to evaluate its overall effective-ness. Such information may include the natureand reasons for exceptions from required partici-pation, the types of enforcement available, andsuch other information as the Secretary deemsnecessary.

‘‘(5) The application of a State under para-graph (1) and the record of actions of the Sec-retary under this section shall be available tothe public.

‘‘(c) ALTERNATIVE PROGRAM.—A State is eligi-ble to receive a grant under section 6106 if theState maintains an alternative one-call notifica-tion program that provides protection for publicsafety, excavators, and the environment that isequivalent to, or greater than, protection pro-vided under a program that meets the minimumstandards set forth in section 6103.

‘‘(d) REPORT.—Within 3 years after the dateof the enactment of this chapter, the Secretaryshall begin to include the following informationin reports submitted under section 60124 of thistitle—

‘‘(1) a description of the extent to which eachState has adopted and implemented the mini-mum Federal standards under section 6103 ormaintains an alternative program under sub-section (c);

‘‘(2) an analysis by the Secretary of the over-all effectiveness of each State’s one-call notifi-cation program and the one-call notificationsystems operating under such program inachieving the purposes of this chapter;

‘‘(3) the impact of each State’s decisions onthe extent of required participation in one-callnotification systems on prevention of damage tounderground facilities; and

‘‘(4) areas where improvements are needed inone-call notification systems in operation ineach State.The report shall also include any recommenda-tions the Secretary determines appropriate. Ifthe Secretary determines that the purposes ofthis chapter have been substantially achieved,no further report under this section shall be re-quired.

‘‘§ 6105. Review of one-call system best prac-tices‘‘(a) STUDY OF EXISTING ONE-CALL SYS-

TEMS.—Except as provided in subsection (d), theSecretary, in consultation with other appro-priate Federal agencies, State agencies, one-callnotification system operators, underground fa-cility operators, excavators, and other interestedparties, shall undertake a study of damage pre-vention practices associated with existing one-call notification systems.

‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVEN-TION PRACTICES.—The purpose of the study is togather information in order to determine whichexisting one-call notification systems practicesappear to be the most effective in protecting thepublic, excavators, and the environment and inpreventing disruptions to public services anddamage to underground facilities. As part of thestudy, the Secretary shall consider, at a mini-mum—

‘‘(1) the methods used by one-call notificationsystems and others to encourage participationby excavators and owners of underground facili-ties;

‘‘(2) the methods by which one-call notifica-tion systems promote awareness of their pro-grams, including use of public service announce-ments and educational materials and programs;

‘‘(3) the methods by which one-call notifica-tion systems receive and distribute informationfrom excavators and underground facility own-ers;

‘‘(4) the use of any performance and servicestandards to verify the effectiveness of a one-call notification system;

‘‘(5) the effectiveness and accuracy of map-ping used by one-call notification systems;

‘‘(6) the relationship between one-call notifi-cation systems and preventing damage to under-ground facilities;

‘‘(7) how one-call notification systems addressthe need for rapid response to situations wherethe need to excavate is urgent;

‘‘(8) the extent to which accidents occur dueto errors in marking of underground facilities,untimely marking or errors in the excavationprocess after a one-call notification system hasbeen notified of an excavation;

‘‘(9) the extent to which personnel engaged inmarking underground facilities may be endan-gered;

‘‘(10) the characteristics of damage preventionprograms the Secretary believes could be rel-evant to the effectiveness of State one-call noti-fication programs; and

‘‘(11) the effectiveness of penalties and en-forcement activities under State one-call notifi-cation programs in obtaining compliance withprogram requirements.

‘‘(c) REPORT.—Within 1 year after the date ofthe enactment of this chapter, the Secretaryshall publish a report identifying those practicesof one-call notification systems that are themost and least successful in—

‘‘(1) preventing damage to underground facili-ties; and

‘‘(2) providing effective and efficient service toexcavators and underground facility operators.The Secretary shall encourage each State andoperator of one-call notification programs toadopt and implement those practices identifiedin the report that the State determines are themost appropriate.

‘‘(d) SECRETARIAL DISCRETION.—Prior to un-dertaking the study described in subsection (a),the Secretary shall determine whether timely in-formation described in subsection (b) is readilyavailable. If the Secretary determines that suchinformation is readily available, the Secretary isnot required to carry out the study.‘‘§ 6106. Grants to States

‘‘(a) IN GENERAL.—The Secretary may make agrant of financial assistance to a State thatqualifies under section 6104(b) to assist in im-proving—

‘‘(1) the overall quality and effectiveness ofone-call notification systems in the State;

‘‘(2) communications systems linking one-callnotification systems;

‘‘(3) location capabilities, including trainingpersonnel and developing and using locationtechnology;

‘‘(4) record retention and recording capabili-ties for one-call notification systems;

‘‘(5) public information and education;‘‘(6) participation in one-call notification sys-

tems; or‘‘(7) compliance and enforcement under the

State one-call notification program.‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.—In

making grants under this section, the Secretaryshall take into consideration the commitment ofeach State to improving its State one-call notifi-cation program, including legislative and regu-latory actions taken by the State after the dateof enactment of this chapter.

‘‘(c) FUNDING FOR ONE-CALL NOTIFICATIONSYSTEMS.—A State may provide funds receivedunder this section directly to any one-call noti-fication system in such State that substantiallyadopts the best practices identified under sec-tion 6105.

‘‘§ 6107. Authorization of appropriations‘‘(a) FOR GRANTS TO STATES.—There are au-

thorized to be appropriated to the Secretary toprovide grants to States under section 6106$1,000,000 for fiscal year 2000 and $5,000,000 forfiscal year 2001. Such funds shall remain avail-able until expended, .

‘‘(b) FOR ADMINISTRATION.—There are author-ized to be appropriated to the Secretary suchsums as may be necessary to carry out sections6103, 6104, and 6105 for fiscal years 1999, 2000,and 2001.

‘‘(c) GENERAL REVENUE FUNDING.—Any sumsappropriated under this section shall be derivedfrom general revenues and may not be derivedfrom amounts collected under section 60301 ofthis title.

‘‘§ 6108. Relationship to State laws‘‘Nothing in this chapter preempts State law

or shall impose a new requirement on any Stateor mandate revisions to a one-call system.’’.

(b) CONFORMING AMENDMENT.—The table ofchapters for subtitle III of such title is amendedby adding at the end thereof the following:‘‘61. ONE-CALL NOTIFICATION PRO-

GRAMS ......................................... 6101’’.Subtitle D—Sportfishing and Boating Safety

SEC. 7401. SHORT TITLE; AMENDMENT OF 1950ACT.

(a) SHORT TITLE.—This subtitle may be citedas the ‘‘Sportfishing and Boating Safety Act of1998’’.

(b) AMENDMENT OF 1950 ACT.—Whenever inthis subtitle an amendment or repeal is ex-pressed in terms of an amendment to, or repealof, a section or other provision of the 1950 Act,the reference shall be considered to be made toa section or other provision of the Act entitled‘‘An Act to provide that the United States shallaid the States in fish restoration and manage-ment projects, and for other purposes,’’ ap-proved August 9, 1950 (16 U.S.C. 777 et seq.).SEC. 7402. OUTREACH AND COMMUNICATIONS

PROGRAMS.(a) DEFINITIONS.—Section 2 of the 1950 Act (16

U.S.C. 777a) is amended—(1) by indenting the left margin of so much of

the text as precedes ‘‘(a)’’ by 2 ems;(2) by inserting ‘‘For purposes of this Act—’’

after the section heading;(3) by striking ‘‘For the purpose of this Act

the’’ in the first paragraph and inserting ‘‘(1)the’’;

(4) by indenting the left margin of so much ofthe text as follows ‘‘include—’’ by 4 ems;

(5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’and inserting ‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’,respectively;

(6) by striking ‘‘department.’’ and inserting‘‘department;’’; and

(7) by adding at the end the following:

CONGRESSIONAL RECORD — HOUSE H3891May 22, 1998‘‘(2) the term ‘outreach and communications

program’ means a program to improve commu-nications with anglers, boaters, and the generalpublic regarding angling and boating opportuni-ties, to reduce barriers to participation in theseactivities, to advance adoption of sound fishingand boating practices, to promote conservationand the responsible use of the Nation’s aquaticresources, and to further safety in fishing andboating; and

‘‘(3) the term ‘aquatic resource education pro-gram’ means a program designed to enhance thepublic’s understanding of aquatic resources andsportfishing, and to promote the development ofresponsible attitudes and ethics toward theaquatic environment.’’.

(b) FUNDING FOR OUTREACH AND COMMUNICA-TIONS PROGRAM.—Section 4 of the 1950 Act (16U.S.C. 777c) is amended—

(1) by redesignating subsections (c), (d), and(e) as subsections (d), (e), and (f), respectively;

(2) by inserting after subsection (b) the follow-ing:

‘‘(c) NATIONAL OUTREACH AND COMMUNICA-TIONS PROGRAM.—Of the balance of each suchannual appropriation remaining after makingthe distribution under subsections (a) and (b),respectively, an amount equal to—

‘‘(1) $5,000,000 for fiscal year 1999;‘‘(2) $6,000,000 for fiscal year 2000;‘‘(3) $7,000,000 for fiscal year 2001;‘‘(4) $8,000,000 for fiscal year 2002; and‘‘(5) $10,000,000 for fiscal year 2003;

shall be used for the National Outreach andCommunications Program under section 8(d).Such amounts shall remain available for 3 fiscalyears, after which any portion thereof that isunobligated by the Secretary of the Interior forthat program may be expended by the Secretaryunder subsection (e).’’;

(3) in subsection (d), as redesignated, by in-serting ‘‘, for an outreach and communicationsprogram’’ after ‘‘Act’’;

(4) in subsection (d), as redesignated, by strik-ing ‘‘subsections (a) and (b),’’ and inserting‘‘subsections (a), (b), and (c),’’;

(5) by adding at the end of subsection (d), asredesignated, the following: ‘‘Of the sum avail-able to the Secretary of the Interior under thissubsection for any fiscal year, up to $2,500,000may be used for the National Outreach andCommunications Program under section 8(d) inaddition to the amount available for that pro-gram under subsection (c). No funds available tothe Secretary under this subsection may be usedto replace funding traditionally providedthrough general appropriations, nor for anypurposes except those purposes authorized bythis Act. The Secretary shall publish a detailedaccounting of the projects, programs, and activi-ties funded under this subsection annually inthe Federal Register.’’; and

(6) in subsection (e), as redesignated, by strik-ing ‘‘subsections (a), (b), and (c),’’ and inserting‘‘subsections (a), (b), (c), and (d),’’.

(c) INCREASE IN STATE ALLOCATION.—Section 8of the 1950 Act (16 U.S.C. 777g) is amended—

(1) by striking ‘‘12 1⁄2 percentum’’ each place itappears in subsection (b) and inserting ‘‘15 per-cent’’;

(2) by striking ‘‘10 percentum’’ in subsection(c) and inserting ‘‘15 percent’’;

(3) by inserting ‘‘and communications’’ insubsection (c) after ‘‘outreach’’; and

(4) by redesignating subsection (d) as sub-section (f); and by inserting after subsection (c)the following:

‘‘(d) NATIONAL OUTREACH AND COMMUNICA-TIONS PROGRAM.—

‘‘(1) IMPLEMENTATION.—Within 1 year afterthe date of enactment of the Sportfishing andBoating Safety Act of 1998, the Secretary of theInterior shall develop and implement, in co-operation and consultation with the Sport Fish-ing and Boating Partnership Council, a na-tional plan for outreach and communications.

‘‘(2) CONTENT.—The plan shall provide—

‘‘(A) guidance, including guidance on the de-velopment of an administrative process andfunding priorities, for outreach and communica-tions programs; and

‘‘(B) for the establishment of a national pro-gram.

‘‘(3) SECRETARY MAY MATCH OR FUND PRO-GRAMS.—Under the plan, the Secretary may ob-ligate amounts available under subsection (c) or(d) of section 4 of this Act—

‘‘(A) to make grants to any State or privateentity to pay all or any portion of the cost ofcarrying out any outreach and communicationsprogram under the plan; or

‘‘(B) to fund contracts with States or privateentities to carry out such a program.

‘‘(4) REVIEW.—The plan shall be reviewed pe-riodically, but not less frequently than onceevery 3 years.

‘‘(e) STATE OUTREACH AND COMMUNICATIONSPROGRAM.—Within 12 months after the comple-tion of the national plan under subsection(d)(1), a State shall develop a plan for an out-reach and communications program and submitit to the Secretary. In developing the plan, aState shall—

‘‘(1) review the national plan developed undersubsection (d);

‘‘(2) consult with anglers, boaters, thesportfishing and boating industries, and thegeneral public; and

‘‘(3) establish priorities for the State outreachand communications program proposed for im-plementation.’’.SEC. 7403. CLEAN VESSEL ACT FUNDING.

Section 4(b) of the 1950 Act (16 U.S.C. 777c(b))is amended to read as follows:

‘‘(b) USE OF BALANCE AFTER DISTRIBUTION.—‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, an

amount equal to $20,000,000 of the balance re-maining after the distribution under subsection(a) shall be transferred to the Secretary ofTransportation and shall be expended for Staterecreational boating safety programs under sec-tion 13106(a)(1) of title 46, United States Code.

‘‘(2) FISCAL YEAR 1999.—For fiscal year 1999, ofthe balance of each annual appropriation re-maining after making the distribution undersubsection (a), an amount equal to $74,000,000,reduced by 82 percent of the amount appro-priated for that fiscal year from the Boat SafetyAccount of the Aquatic Resources Trust Fundestablished by section 9504 of the Internal Reve-nue Code of 1986 to carry out the purposes ofsection 13106(a) of title 46, United States Code,shall be used as follows:

‘‘(A) $10,000,000 shall be available to the Sec-retary of the Interior for 3 fiscal years for obli-gation for qualified projects under section5604(c) of the Clean Vessel Act of 1992 (33 U.S.C.1322 note).

‘‘(B) The balance remaining after the applica-tion of subparagraph (A) shall be transferred tothe Secretary of Transportation and shall be ex-pended for State recreational boating safetyprograms under section 13106 of title 46, UnitedStates Code.

‘‘(3) FISCAL YEARS 2000–2003.—For each of fiscalyears 2000 through 2003, of the balance of eachannual appropriation remaining after makingthe distribution under subsection (a), anamount equal to $82,000,000, reduced by 82 per-cent of the amount appropriated for that fiscalyear from the Boat Safety Account of theAquatic Resources Trust Fund established bysection 9504 of the Internal Revenue Code of1986 to carry out the purposes of section 13106(a)of title 46, United States Code, shall be used asfollows:

‘‘(A) $10,000,000 shall be available for each fis-cal year to the Secretary of the Interior for 3 fis-cal years for obligation for qualified projectsunder section 5604(c) of the Clean Vessel Act of1992 (33 U.S.C. 1322 note).

‘‘(B) $8,000,000 shall be available for each fis-cal year to the Secretary of the Interior for 3 fis-cal years for obligation for qualified projects

under section 6404(d) of the Sportfishing andBoating Safety Act of 1998.

‘‘(C) The balance remaining after the applica-tion of subparagraphs (A) and (B) shall betransferred for each such fiscal year to the Sec-retary of Transportation and shall be expendedfor State recreational boating safety programsunder section 13106 of title 46, United StatesCode.

‘‘(4) TRANSFER OF CERTAIN FUNDS.—Amountsavailable under subparagraph (A) of paragraph(2) and subparagraphs (A) and (B) of para-graph (3) that are unobligated by the Secretaryof the Interior after 3 fiscal years shall be trans-ferred to the Secretary of Transportation andshall be expended for State recreational boatingsafety programs under section 13106(a) of title46, United States Code.’’.SEC. 7404. BOATING INFRASTRUCTURE.

(a) PURPOSE.—The purpose of this section isto provide funds to States for the developmentand maintenance of facilities for transientnontrailerable recreational vessels.

(b) SURVEY.—Section 8 of the 1950 Act (16U.S.C. 777g), as amended by section 6402, isamended by adding at the end thereof the fol-lowing:

‘‘(g) SURVEYS.—‘‘(1) NATIONAL FRAMEWORK.—Within 6 months

after the date of enactment of the Sportfishingand Boating Safety Act of 1998, the Secretary,in consultation with the States, shall adopt anational framework for a public boat accessneeds assessment which may be used by Statesto conduct surveys to determine the adequacy,number, location, and quality of facilities pro-viding access to recreational waters for all sizesof recreational boats.

‘‘(2) STATE SURVEYS.—Within 18 months aftersuch date of enactment, each State that agreesto conduct a public boat access needs survey fol-lowing the recommended national frameworkshall report its findings to the Secretary for usein the development of a comprehensive nationalassessment of recreational boat access needs andfacilities.

‘‘(3) EXCEPTION.—Paragraph (2) does notapply to a State if, within 18 months after suchdate of enactment, the Secretary certifies thatthe State has developed and is implementing aplan that ensures there are and will be publicboat access adequate to meet the needs of rec-reational boaters on its waters.

‘‘(4) FUNDING.—A State that conducts a publicboat access needs survey under paragraph (2)may fund the costs of conducting that assess-ment out of amounts allocated to it as fundingdedicated to motorboat access to recreationalwaters under subsection (b)(1) of this section.’’.

(c) PLAN.—Within 6 months after submitting asurvey to the Secretary under section 8(g) of theAct entitled ‘‘An Act to provide that the UnitedStates shall aid the States in fish restorationand management projects, and for other pur-poses,’’ approved August 9, 1950 (16 U.S.C.777g(g)), as added by subsection (b) of this sec-tion, a State may develop and submit to the Sec-retary a plan for the construction, renovation,and maintenance of facilities for transientnontrailerable recreational vessels, and access tothose facilities, to meet the needs ofnontrailerable recreational vessels operating onnavigable waters in the State.

(d) GRANT PROGRAM.—(1) MATCHING GRANTS.—The Secretary of the

Interior shall obligate amounts made availableunder section 4(b)(3)(B) of the Act entitled ‘‘AnAct to provide that the United States shall aidthe States in fish restoration and managementprojects, and for other purposes,’’ approved Au-gust 9, 1950, as amended by this Act, to makegrants to any State to pay not more than 75 per-cent of the cost to a State of constructing, ren-ovating, or maintaining facilities for transientnontrailerable recreational vessels.

(2) PRIORITIES.—In awarding grants underparagraph (1), the Secretary shall give priorityto projects that—

CONGRESSIONAL RECORD — HOUSEH3892 May 22, 1998(A) consist of the construction, renovation, or

maintenance of facilities for transientnontrailerable recreational vessels in accordancewith a plan submitted by a State under sub-section (c);

(B) provide for public/private partnership ef-forts to develop, maintain, and operate facilitiesfor transient nontrailerable recreational vessels;and

(C) propose innovative ways to increase theavailability of facilities for transientnontrailerable recreational vessels.

(e) DEFINITIONS.—For purposes of this section,the term—

(1) ‘‘nontrailerable recreational vessel’’ meansa recreational vessel 26 feet in length or longer—

(A) operated primarily for pleasure; or(B) leased, rented, or chartered to another for

the latter’s pleasure;(2) ‘‘facilities for transient nontrailerable rec-

reational vessels’’ includes mooring buoys, day-docks, navigational aids, seasonal slips, safeharbors, or similar structures located on navi-gable waters, that are available to the generalpublic (as determined by the Secretary of the In-terior) and designed for temporary use bynontrailerable recreational vessels; and

(3) ‘‘State’’ means each of the several States ofthe United States, the District of Columbia, theCommonwealth of Puerto Rico, Guam, AmericanSamoa, the Virgin Islands, and the Common-wealth of the Northern Mariana Islands.SEC. 7405. BOAT SAFETY FUNDS.

(a) AVAILABILITY OF ALLOCATIONS.—Section13104(a) of title 46, United States Code, isamended—

(1) in paragraph (1), by striking ‘‘3 years’’and inserting ‘‘2 years’’; and

(2) in paragraph (2), by striking ‘‘3-year’’ andinserting ‘‘2-year’’.

(b) EXPENDITURES.—Section 13106 of title 46,United States Code, is amended—

(1) by striking the first sentence of subsection(a)(1) and inserting the following: ‘‘Subject toparagraph (2) and subsection (c), the Secretaryshall expend in each fiscal year for State rec-reational boating safety programs, under con-tracts with States under this chapter, anamount equal to the sum of (A) the amount ap-propriated from the Boat Safety Account forthat fiscal year and (B) the amount transferredto the Secretary under section 4(b) of the Act ofAugust 9, 1950 (16 U.S.C. 777c(b)).’’;

(2) in subsection (a)(2), by striking ‘‘appro-priated’’ and inserting ‘‘available’’; and

(3) by striking subsection (c) and inserting thefollowing:

‘‘(c) Of the amount transferred for each fiscalyear to the Secretary of Transportation underparagraphs (2) and (3) of section 4(b) of the Actof August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000is available to the Secretary for payment of ex-penses of the Coast Guard for personnel and ac-tivities directly related to coordinating and car-rying out the national recreational boating safe-ty program under this title, of which $2,000,000shall be available to the Secretary only to en-sure compliance with chapter 43 of this title. Nofunds available to the Secretary under this sub-section may be used to replace funding tradi-tionally provided through general appropria-tions, nor for any purposes except those pur-poses authorized by this section. Amounts madeavailable by this subsection shall remain avail-able until expended. The Secretary shall publishannually in the Federal Register a detailed ac-counting of the projects, programs, and activi-ties funded under this subsection.’’.

(c) CONFORMING AMENDMENTS.—(1) The heading for section 13106 of title 46,

United States Code, is amended to read as fol-lows:

‘‘§ 13106. Authorization of appropriations’’.(2) The chapter analysis for chapter 131 of

title 46, United States Code, is amended by strik-ing the item relating to section 13106 and insert-ing the following:

‘‘13106. Authorization of appropriations.’’.TITLE VIII—TRANSPORTATION DISCRE-

TIONARY SPENDING GUARANTEE ANDBUDGET OFFSETS

Subtitle A—Transportation DiscretionarySpending Guarantee

SEC. 8101. DISCRETIONARY SPENDING CAT-EGORIES.

(a) ESTABLISHMENT OF SEPARATE CAT-EGORIES.—Section 251(c) of the Balanced Budgetand Emergency Deficit Control Act of 1985 isamended as follows:

(1) FY1999.—In paragraph (3), strike ‘‘and’’at the end of subparagraph (B) and after sub-paragraph (C) add the following new subpara-graphs:

‘‘(D) for the highway category: $21,885,000,000in outlays; and

‘‘(E) for the mass transit category:$4,401,000,000 in outlays.

(2) FY2000.—In paragraph (4), strike ‘‘and’’at the end of subparagraph (A) and at the endadd the following new subparagraphs:

‘‘(C) for the highway category: $24,436,000,000in outlays; and

‘‘(D) for the mass transit category:$4,761,000,000 in outlays;’’.

(3) FY2001.—In paragraph (5), strike thecomma and insert ‘‘—’’ after ‘‘2001’’, insert‘‘(A)’’ before ‘‘for’’ and indent the new subpara-graph and move it 2 ems to the right, strike‘‘and’’ at the end of such subparagraph, and atthe end add the following new subparagraphs:

‘‘(B) for the highway category: $26,204,000,000in outlays; and

‘‘(C) for the mass transit category:$5,190,000,000 in outlays;’’.

(4) FY2002.—In paragraph (6), strike thecomma and insert ‘‘—’’ after ‘‘2002’’, insert‘‘(A)’’ before ‘‘for’’, indent the new subpara-graph and move it 2 ems to the right, and addat the end the following new subparagraphs:

‘‘(B) for the highway category: $26,977,000,000in outlays; and

‘‘(C) for the mass transit category:$5,709,000,000 in outlays; and’’.

(5) FY2003.—After paragraph (6), add the fol-lowing new paragraph:

‘‘(7) with respect to fiscal year 2003—‘‘(A) for the highway category: $27,728,000,000

in outlays; and‘‘(B) for the mass transit category:

$6,256,000,000 in outlays;’’.(b) OFFSETTING ADJUSTMENT IN DISCRE-

TIONARY SPENDING LIMITS.—(1) ADJUSTMENT OF NONDEFENSE CATEGORY

FOR FY1999.—The discretionary spending limitset forth in section 251(c)(3)(B) of the BalancedBudget and Emergency Deficit Control Act of1985, as adjusted in conformance with section251(b) of that Act, is reduced by $859,000,000 innew budget authority and $25,173,000,000 in out-lays.

(2) ADJUSTMENT OF DISCRETIONARY CATEGORYFOR FY2000.—The discretionary spending limitset forth in section 251(c)(4)(A) of the BalancedBudget and Emergency Deficit Control Act of1985, as adjusted in conformance with section251(b) of that Act, is reduced by $859,000,000 innew budget authority and $26,045,000,000 in out-lays.

(3) ADJUSTMENT OF DISCRETIONARY SPENDINGLIMIT FOR FY2001.—The discretionary spendinglimit set forth in section 251(c)(5)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985, as adjusted in conformance withsection 251(b) of that Act, is reduced by$859,000,000 in new budget authority and$26,329,000,000 in outlays.

(4) ADJUSTMENT OF DISCRETIONARY SPENDINGLIMIT FOR FY2002.—The discretionary spendinglimit set forth in section 251(c)(6)(A) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985, as adjusted in conformance withsection 251(b) of that Act, is reduced by$859,000,000 in new budget authority and$26,675,000,000 in outlays.

(c) DEFINITIONS OF HIGHWAY CATEGORY ANDMASS TRANSIT CATEGORY.—Section 250(c)(4) ofthe Balanced Budget and Emergency DeficitControl Act of 1985 is amended by inserting‘‘(A)’’ after ‘‘(4)’’ and by adding at the end thefollowing new subparagraphs:

‘‘(B) The term ‘highway category’ refers tothe following budget accounts or portions there-of that are subject to the obligation limitationson contract authority set forth in the Transpor-tation Equity Act for the 21st Century:

‘‘(i) 69–8083–0–7–401 (Federal-Aid Highways).‘‘(ii) 69–8020–0–7–401 (Highway Traffic Safety

Grants).‘‘(iii) 69–8048–0–7–401 (National Motor Carrier

Safety Program).‘‘(iv) 69–8016–0–7–401 (Operations and Re-

search NHTSA).‘‘(C) The term ‘mass transit category’ refers to

the following budget accounts or portions there-of that are subject to the obligation limitationson contract authority provided in the Transpor-tation Equity Act for the 21st Century and forwhich appropriations are provided pursuant toauthorizations contained in that Act (exceptthat appropriations provided pursuant to sec-tion 5338(h) of title 49, United States Code, asamended by this section, shall not be includedin this category):

‘‘(i) 69–8191–0–7–401 (Mass Transit CapitalFund).

‘‘(ii) 69–8350–0–7–401 (Trust Fund Share of Ex-penses).

‘‘(iii) 69–1129–0–1–401 (Formula Grants).‘‘(iv) 69–1120–0–1–401 (Administrative ex-

penses).‘‘(v) 69–1136–0–1–401 (University Transpor-

tation Centers).‘‘(vi) 69–1137–0–1–401 (Transit Planning and

Research).‘‘(D) SPECIAL RULE.—(i) Any outlays in excess

of the discretionary spending limit set forth insection 251(c) for the highway or mass transitcategory, as adjusted, for the budget year shallbe considered nondefense category outlays ordiscretionary category outlays.

‘‘(ii) If the obligation limitations for accountsin the highway or mass transit category pro-vided in an appropriation Act for a fiscal yearexceed the obligation limitations set forth in sec-tion 8103 of the Transportation Equity Act forthe 21st Century for that year, as adjusted, theestimated outlays flowing for each outyear fromsuch excess obligations calculated pursuant toclause (iii) shall be attributed to the discre-tionary category in that outyear.

‘‘(iii) For purposes of clause (ii), outlays fromexcess obligations shall be determined using theaverage of the spendout rates for that categoryin the baseline.’’.

(d) ADJUSTMENT TO HIGHWAY AND MASS TRAN-SIT CATEGORIES.—Section 251(b)(1) of the Bal-anced Budget and Emergency Deficit ControlAct of 1985 is amended by—

(1) striking ‘‘When’’ and inserting:‘‘(A) CONCEPTS AND DEFINITIONS.—When’’;

and(2) adding at the end the following:‘‘(B) ADJUSTMENT TO ALIGN HIGHWAY SPEND-

ING WITH REVENUES.—(i) When the Presidentsubmits the budget under section 1105 of title 31,United States Code, OMB shall calculate andthe budget shall include adjustments to thehighway category for the budget year and eachoutyear as provided in clause (ii)(I)(cc).

‘‘(ii)(I)(aa) OMB shall take the actual level ofhighway receipts for the year before the currentyear and subtract the sum of the estimated levelof highway receipts in subclause (II) plus anyamount previously calculated under item (bb)for that year.

‘‘(bb) OMB shall take the current estimate ofhighway receipts for the budget year and sub-tract the estimated level of receipts for thatyear.

‘‘(cc) OMB shall take the sum of the amountscalculated under items (aa) and (bb), add thatsum to the amount of obligations set forth insection 8103 of the Transportation Equity Actfor the 21st Century for the highway category

CONGRESSIONAL RECORD — HOUSE H3893May 22, 1998for the budget year, and calculate the outlaychange resulting from that change in obliga-tions relative to that amount for the budget yearand each outyear using current estimates. Aftermaking the calculation under the preceding sen-tence, OMB shall adjust the amount of obliga-tions set forth in that section for the budgetyear by adding the sum of the amounts cal-culated under items (aa) and (bb).

‘‘(II) The estimated level of highway receiptsfor the purposes of this clause are—

‘‘(aa) for fiscal year 1998, $22,164,000,000;‘‘(bb) for fiscal year 1999, $32,619,000,000;‘‘(cc) for fiscal year 2000, $28,066,000,000;‘‘(dd) for fiscal year 2001, $28,506,000,000;‘‘(ee) for fiscal year 2002, $28,972,000,000; and‘‘(ff) for fiscal year 2003, $29,471,000,000.‘‘(III) In this clause, the term ‘highway re-

ceipts’ means the governmental receipts creditedto the highway account of the Highway TrustFund.

‘‘(C)(i) In addition to the adjustment requiredby subparagraph (B), when the President sub-mits the budget under section 1105 of title 31,United States Code, for fiscal years 2000, 2001,2002, or 2003, OMB shall calculate and thebudget shall include for the budget year andeach outyear an adjustment to the limits on out-lays for the highway category and the masstransit category equal to—

‘‘(I) the outlays for the applicable categorycalculated assuming obligation levels consistentwith the estimates prepared pursuant to sub-paragraph (D), as adjusted, using current tech-nical assumptions; minus

‘‘(II) the outlays for the applicable categoryset forth in the subparagraph (D) estimates, asadjusted.

‘‘(ii) The adjustment made pursuant to clause(i) in the fiscal years 2002 and 2003 budget sub-missions of the President under section 1105(a)of title 31, United States Code, shall not exceed4 percent plus cumulative carryovers. In thisclause, the term ‘cumulative carryovers’ meansthe total of each amount by which outlays forthe highway and mass transit category for anyfiscal year are less than the outlay limit for thatcategory, as adjusted, for that year less anyamount of carryover used in the previous year.

‘‘(D)(i) When OMB and CBO submit theirfinal sequester report for fiscal year 1999, thatreport shall include an estimate of the outlaysfor each of the categories that would result infiscal years 2000 through 2003 from obligationsat the levels specified in section 8103 of theTransportation Equity Act for the 21st Centuryusing current assumptions.

‘‘(ii) When the President submits the budgetunder section 1105 of title 31, United StatesCode, for fiscal years 2000, 2001, 2002, or 2003,OMB shall adjust the estimates made in clause(i) by the adjustments by subparagraphs (B)and (C).

‘‘(E) OMB shall consult with the Committeeson the Budget and include a report on adjust-ments under subparagraphs (B) and (C) in thepreview report.’’.

(e) ENFORCEMENT OF GUARANTEE.—Rule XXIof the Rules of the House of Representatives isamended by adding at the end the followingnew clause:

‘‘9. It shall not be in order to consider any billor joint resolution, or any amendment thereto orconference report thereon, that would cause ob-ligation limitations to be below the level for anyfiscal year set forth in section 8103 of the Trans-portation Equity Act for the 21st Century, asadjusted, for the highway category or the masstransit category, as applicable.’’.

SEC. 8102. CONFORMING THE PAYGO SCORECARDWITH THIS ACT.

Upon the enactment of this Act, the Directorof the Office of Management and Budget shallnot make any estimates under section 252(d) ofthe Balanced Budget and Emergency DeficitControl Act of 1985 of changes in direct spend-ing outlays and receipts for any fiscal year re-sulting from this title.

SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS.(a) HIGHWAY CATEGORY.—For the purposes of

section 251(b) of the Balanced Budget andEmergency Deficit Control Act of 1985, the levelof obligation limitations for the highway cat-egory is—

(1) for fiscal year 1999, $25,883,000,000;(2) for fiscal year 2000, $26,629,000,000;(3) for fiscal year 2001, $27,158,000,000;(4) for fiscal year 2002, $27,767,000,000; and(5) for fiscal year 2003, $28,233,000,000.(b) MASS TRANSIT CATEGORY.—For the pur-

poses of section 251(b) of the Balanced Budgetand Emergency Deficit Control Act of 1985, thelevel of obligation limitations for the mass tran-sit category is—

(1) for fiscal year 1999, $5,365,000,000;(2) for fiscal year 2000, $5,797,000,000;(3) for fiscal year 2001, $6,271,000,000;(4) for fiscal year 2002, $6,747,000,000; and(5) for fiscal year 2003, $7,226,000,000.For purposes of this subsection, the term ‘‘ob-

ligation limitations’’ means the sum of budgetauthority and obligation limitations.

Subtitle B—Veterans’ BenefitsSEC. 8201. SHORT TITLE.

This subtitle may be cited as the ‘‘VeteransBenefits Act of 1998’’.SEC. 8202. PROHIBITION ON ESTABLISHMENT OF

SERVICE-CONNECTION FOR DISABIL-ITIES RELATING TO USE OF TO-BACCO PRODUCTS.

(a) WARTIME DISABILITY COMPENSATION.—Section 1110 of title 38, United States Code, isamended by striking out ‘‘or abuse of alcohol ordrugs’’ and inserting in lieu thereof ‘‘, abuse ofalcohol or drugs, or use of tobacco products’’.

(b) PEACETIME DISABILITY COMPENSATION.—Section 1131 of such title is amended by strikingout ‘‘or abuse of alcohol or drugs’’ and insertingin lieu thereof ‘‘, abuse of alcohol or drugs, oruse of tobacco products’’.

(c) APPLICABILITY.—(1) Except as provided inparagraph (2), the amendments made by thissection shall apply to any claims for compensa-tion received by the Secretary of Veterans Af-fairs before, on, or after the date of enactmentof this Act.

(2) The amendments made by this section shallnot apply in the case of any such claims adju-dicated by the Secretary before such date of en-actment for which a service-connection was es-tablished for a disability on the basis of the useof tobacco products.SEC. 8203. TWENTY PERCENT INCREASE IN RATES

OF BASIC EDUCATIONAL ASSIST-ANCE UNDER MONTGOMERY GI BILL.

(a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—(1) INCREASE IN RATES.—Section 3015 of title

38, United States Code, is amended—(A) in subsection (a)(1), by striking out ‘‘$400’’

and inserting in lieu thereof ‘‘$528 (as increasedfrom time to time under subsection (g))’’; and

(B) in subsection (b)(1), by striking out ‘‘$325’’and inserting in lieu thereof ‘‘$429 (as increasedfrom time to time under subsection (g))’’.

(2) CPI ADJUSTMENT.—Subsection (g) of suchsection is amended by striking out ‘‘beginningon or after October 1, 1994’’ and all that followsthrough ‘‘such rates’’ and inserting in lieuthereof ‘‘, the Secretary shall provide a percent-age increase (rounded to the nearest dollar) inthe rates payable under subsections (a)(1) and(b)(1)’’.

(3) TECHNICAL AMENDMENTS.—Such section isfurther amended—

(A) in subsection (a), by striking out ‘‘sub-sections (b), (c), (d), (e), (f), and (g) of’’ in thematter preceding paragraph (1); and

(B) in subsection (b)—(i) by striking out ‘‘Except as provided in sub-

sections (c), (d), (e), (f), and (g), in’’ and insert-ing in lieu thereof ‘‘In’’; and

(ii) by inserting ‘‘(except as provided in thesucceeding subsections of this section)’’ after‘‘under this chapter shall’’.

(4) EFFECTIVE DATES.—The amendments madeby this subsection shall take effect on October 1,

1998, and shall apply with respect to edu-cational assistance allowances paid for monthsafter September 1998. However, no adjustment inrates of educational assistance shall be madeunder subsection (g) of section 3015 of title 38,United States Code, as amended by paragraph(2), for fiscal year 1999.

(b) SELECTED RESERVE EDUCATIONAL ASSIST-ANCE.—

(1) INCREASE IN RATES.—Paragraph (1) of sec-tion 16131(b) of title 10, United States Code, isamended—

(A) in subparagraph (A), by striking out‘‘$190’’ and inserting in lieu thereof ‘‘$251 (asincreased from time to time under paragraph(2))’’;

(B) in subparagraph (B), by striking out‘‘$143’’ and inserting in lieu thereof ‘‘$188 (asincreased from time to time under paragraph(2))’’; and

(C) in subparagraph (C), by striking out ‘‘$95’’and inserting in lieu thereof ‘‘$125 (as increasedfrom time to time under paragraph (2))’’.

(2) CPI ADJUSTMENT.—Paragraph (2) of suchsection is amended by striking out ‘‘beginningon or after October 1, 1994’’ and all that followsthrough ‘‘such rates’’ and inserting in lieuthereof ‘‘, the Secretary shall provide a percent-age increase (rounded to the nearest dollar) inthe rates payable under subparagraphs (A), (B),and (C) of paragraph (1)’’.

(3) TECHNICAL AMENDMENT.—Paragraph (1) ofsuch section is further amended by striking out‘‘in paragraph (2) and’’.

(4) EFFECTIVE DATE.—The amendments madeby this subsection shall take effect on October 1,1998, and shall apply with respect to edu-cational assistance allowances paid for monthsafter September 1998. However, no adjustment inrates of educational assistance shall be madeunder paragraph (2) of section 16131(b) of title10, United States Code, as amended by para-graph (2), for fiscal year 1999.SEC. 8204. INCREASE IN ASSISTANCE AMOUNT

FOR SPECIALLY ADAPTED HOUSING.(a) IN GENERAL.—Section 2102 of title 38,

United States Code, is amended—(1) in the matter preceding paragraph (1) of

subsection (a), by striking out ‘‘$38,000’’ and in-serting in lieu thereof ‘‘$43,000’’; and

(2) in subsection (b)(2), by striking out‘‘$6,500’’ and inserting in lieu thereof ‘‘$8,250’’.

(b) EFFECTIVE DATE.—The amendments madeby subsection (a) shall apply with respect to lim-itations under section 2102 of such title on as-sistance furnished to a veteran under section2101 of such title on or after October 1, 1998.SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE

FOR AUTOMOBILE AND ADAPTIVEEQUIPMENT FOR CERTAIN DISABLEDVETERANS.

(a) IN GENERAL.—Section 3902(a) of title 38,United States Code, is amended by striking out‘‘$5,500’’ and inserting in lieu thereof ‘‘$8,000’’.

(b) EFFECTIVE DATE.—The amendment madeby subsection (a) shall apply with respect to as-sistance furnished under section 3902 of suchtitle on or after October 1, 1998.SEC. 8206. INCREASE IN AID AND ATTENDANCE

RATES FOR VETERANS ELIGIBLEFOR PENSION.

Effective October 1, 1998, the maximum an-nual rates of pension in effect as of September30, 1998, under the following provisions of chap-ter 15 of title 38, United States Code, are in-creased by $600:

(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4)of section 1521.

(2) Section 1536(d)(2).SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED

SURVIVING SPOUSES FOR REIN-STATEMENT OF DEPENDENCY ANDINDEMNITY COMPENSATION UPONTERMINATION OF THAT REMAR-RIAGE.

(a) RESTORATION OF PRIOR ELIGIBILITY.—Sec-tion 1311 of title 38, United States Code, isamended by adding at the end the followingnew subsection:

CONGRESSIONAL RECORD — HOUSEH3894 May 22, 1998‘‘(e)(1) The remarriage of the surviving spouse

of a veteran shall not bar the furnishing of de-pendency and indemnity compensation to suchperson as the surviving spouse of the veteran ifthe remarriage is terminated by death, divorce,or annulment unless the Secretary determinesthat the divorce or annulment was securedthrough fraud or collusion.

‘‘(2) If the surviving spouse of a veteranceases living with another person and holdinghimself or herself out openly to the public asthat person’s spouse, the bar to granting thatperson dependency and indemnity compensationas the surviving spouse of the veteran shall notapply.

‘‘(3) The first month of eligibility for paymentof dependency and indemnity compensation to asurviving spouse by reason of this subsectionshall be the later of the month after—

‘‘(A) the month of the termination of such re-marriage, in the case of a surviving spouse de-scribed in paragraph (1); or

‘‘(B) the month of the cessation described inparagraph (2), in the case of a surviving spousedescribed in that paragraph.’’.

(b) EFFECTIVE DATE.—No payment may bemade by reason of section 1311(e) of title 38,United States Code, as added by subsection (a),for any month before October 1998.SEC. 8208. EXTENSION OF PRIOR REVISION TO

OFFSET RULE FOR DEPARTMENT OFDEFENSE SPECIAL SEPARATIONBENEFIT PROGRAM.

The amendment made by section 653 of theNational Defense Authorization Act for FiscalYear 1997 (Public Law 104–201; 110 Stat. 2583) tosubsection (h)(2) of section 1174 of title 10,United States Code, shall apply to any paymentof separation pay under the special separationbenefits program under section 1174a of thattitle that was made during the period beginningon December 5, 1991, and ending on September30, 1996.SEC. 8209. SENSE OF CONGRESS CONCERNING RE-

COVERY FROM TOBACCO COMPANIESOF COSTS OF TREATMENT OF VETER-ANS FOR TOBACCO-RELATED ILL-NESSES.

It is the sense of the Congress—(1) that the Attorney General or the Secretary

of Veterans Affairs, as appropriate, should takeall steps necessary to recover from tobacco com-panies amounts corresponding to the costswhich would be incurred by the Department ofVeterans Affairs for treatment of tobacco-relat-ed illnesses of veterans, if such treatment wereauthorized by law; and

(2) that the Congress should authorize by lawthe treatment of tobacco-related illnesses of vet-erans upon the recovery of such amounts.Subtitle C—Temporary Student Loan Provision.SEC. 8301. TEMPORARY STUDENT LOAN PROVI-

SION.(a) FFEL INTEREST RATES.—(1) AMENDMENT.—Section 427A of the Higher

Education Act of 1965 (20 U.S.C. 1077a) isamended—

(A) by redesignating subsections (j) and (k) assubsections (k) and (l), respectively; and

(B) by inserting after subsection (i) the follow-ing new subsection:

‘‘(j) INTEREST RATES FOR NEW LOANS BE-TWEEN JULY 1, 1998 AND OCTOBER 1, 1998.—

‘‘(1) IN GENERAL.—Notwithstanding subsection(h), but subject to paragraph (2), with respect toany loan made, insured, or guaranteed underthis part (other than a loan made pursuant tosection 428B or 428C) for which the first dis-bursement is made on or after July 1, 1998, andbefore October 1, 1998, the applicable rate of in-terest shall, during any 12-month period begin-ning on July 1 and ending on June 30, be deter-mined on the preceding June 1 and be equal to—

‘‘(A) the bond equivalent rate of 91-day Treas-ury bills auctioned at the final auction heldprior to such June 1; plus

‘‘(B) 2.3 percent,except that such rate shall not exceed 8.25 per-cent.

‘‘(2) IN SCHOOL AND GRACE PERIOD RULES.—Notwithstanding subsection (h), with respect toany loan under this part (other than a loanmade pursuant to section 428B or 428C) forwhich the first disbursement is made on or afterJuly 1, 1998, and before October 1, 1998, the ap-plicable rate of interest for interest which ac-crues—

‘‘(A) prior to the beginning of the repaymentperiod of the loan; or

‘‘(B) during the period in which principalneed not be paid (whether or not such principalis in fact paid) by reason of a provision de-scribed in section 428(b)(1)(M) or 427(a)(2)(C),

shall be determined under paragraph (1) by sub-stituting ‘1.7 percent’ for ‘2.3 percent’.

‘‘(3) PLUS LOANS.—Notwithstanding sub-section (h), with respect to any loan under sec-tion 428B for which the first disbursement ismade on or after July 1, 1998, and before Octo-ber 1, 1998, the applicable rate of interest shall,during any 12-month period beginning on July 1and ending on June 30, be determined on thepreceding June 1 and be equal to the lesser of—

‘‘(A)(i) the bond equivalent rate of 91-dayTreasury bills auctioned at the final auctionheld prior to such June 1; plus

‘‘(ii) 3.1 percent; or‘‘(B) 9.0 percent.‘‘(4) CONSULTATION.—The Secretary shall de-

termine the applicable rate of interest under thissubsection after consultation with the Secretaryof the Treasury and shall publish such rate inthe Federal Register as soon as practicable afterthe date of determination.’’.

(2) CONFORMING AMENDMENT.—Section428B(d)(4) (20 U.S.C. 1078–2(d)(4)) is amended bystriking ‘‘section 427A(c)’’ and inserting ‘‘sec-tion 427A for loans made under this section’’.

(b) SPECIAL ALLOWANCES.—(1) AMENDMENT.—Section 438(b)(2) of the

Higher Education Act of 1965 (20 U.S.C. 1087–1(b)(2)) is amended by adding at the end the fol-lowing new subparagraph:

‘‘(G) LOANS DISBURSED BETWEEN JULY 1, 1998,AND OCTOBER 1, 1998.—

‘‘(i) IN GENERAL.—Subject to paragraph (4)and clauses (ii), (iii), and (iv) of this subpara-graph, and except as provided in subparagraph(B), the special allowance paid pursuant to thissubsection on loans for which the first disburse-ment is made on or after July 1, 1998, and beforeOctober 1, 1998, shall be computed—

‘‘(I) by determining the average of the bondequivalent rates of 91-day Treasury bills auc-tioned for such 3-month period;

‘‘(II) by subtracting the applicable interestrates on such loans from such average bondequivalent rate;

‘‘(III) by adding 2.8 percent to the resultantpercent; and

‘‘(IV) by dividing the resultant percent by 4.‘‘(ii) IN SCHOOL AND GRACE PERIOD.—In the

case of any loan for which the first disburse-ment is made on or after July 1, 1998, and beforeOctober 1, 1998, and for which the applicablerate of interest is described in section 427A(j)(2),clause (i)(III) of this subparagraph shall be ap-plied by substituting ‘2.2 percent’ for ‘2.8 per-cent’.

‘‘(iii) PLUS LOANS.—In the case of any loanfor which the first disbursement is made on orafter July 1, 1998, and before October 1, 1998,and for which the applicable rate of interest isdescribed in section 427A(j)(3), clause (i)(III) ofthis subparagraph shall be applied by substitut-ing ‘3.1 percent’ for ‘2.8 percent’, subject toclause (v) of this subparagraph.

‘‘(iv) CONSOLIDATION LOANS.—This subpara-graph shall not apply in the case of any consoli-dation loan.

‘‘(v) LIMITATION ON SPECIAL ALLOWANCES FORPLUS LOANS.—In the case of PLUS loans madeunder section 428B and disbursed on or afterJuly 1, 1998, and before October 1, 1998, forwhich the interest rate is determined under427A(j)(3), a special allowance shall not be paid

for such loan for such unless the rate deter-mined under subparagraph (A) of such section(without regard to subparagraph (B) of suchsection) exceeds 9.0 percent.’’.

(2) CONFORMING AMENDMENTS.—Section438(b)(2) of such Act is further amended—

(A) in subparagraph (A), by striking ‘‘(E),and (F)’’ and inserting ‘‘(E), (F), and (G)’’;

(B) in subparagraph (B)(iv), by striking ‘‘(E),or (F)’’ and inserting ‘‘(E), (F), or (G)’’; and

(C) in subparagraph (C)(ii), by striking ‘‘Inthe case’’ and inserting ‘‘Subject to subpara-graph (G), in the case’’.

(c) DIRECT LOAN INTEREST RATES.—Section455(b) (20 U.S.C. 1087e(b)) is amended—

(1) by redesignating paragraph (5) as para-graph (6); and

(2) by inserting after paragraph (4) the follow-ing new paragraph:

‘‘(5) TEMPORARY INTEREST RATE PROVISION.—‘‘(A) RATES FOR FDSL AND FDUSL.—Notwith-

standing the preceding paragraphs of this sub-section, for Federal Direct Stafford Loans andFederal Direct Unsubsidized Stafford Loans forwhich the first disbursement is made on or afterJuly 1, 1998, and before October 1, 1998, the ap-plicable rate of interest shall, during any 12-month period beginning on July 1 and ending onJune 30, be determined on the preceding June 1and be equal to—

‘‘(i) the bond equivalent rate of 91-day Treas-ury bills auctioned at the final auction heldprior to such June 1; plus

‘‘(ii) 2.3 percent,except that such rate shall not exceed 8.25 per-cent.

‘‘(B) IN SCHOOL AND GRACE PERIOD RULES.—Notwithstanding the preceding paragraphs ofthis subsection, with respect to any Federal Di-rect Stafford Loan or Federal Direct Unsub-sidized Stafford Loan for which the first dis-bursement is made on or after July 1, 1998, andbefore October 1, 1998, the applicable rate of in-terest for interest which accrues—

‘‘(i) prior to the beginning of the repaymentperiod of the loan; or

‘‘(ii) during the period in which principalneed not be paid (whether or not such principalis in fact paid) by reason of a provision de-scribed in section 428(b)(1)(M) or 427(a)(2)(C),shall be determined under subparagraph (A) bysubstituting ‘1.7 percent’ for ‘2.3 percent’.

‘‘(C) PLUS LOANS.—Notwithstanding the pre-ceding paragraphs of this subsection, with re-spect to Federal Direct PLUS Loan for whichthe first disbursement is made on or after July1, 1998, and before October 1, 1998, the applica-ble rate of interest shall be determined undersubparagraph (A)—

‘‘(i) by substituting ‘3.1 percent’ for ‘2.3 per-cent’; and

‘‘(ii) by substituting ‘9.0 percent’ for ‘8.25 per-cent’.’’.

Subtitle D—Block Grants for Social Services

SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.(a) REDUCTION OF GRANTS.—Section 2003(c) of

the Social Security Act (42 U.S.C. 1397b(c)) isamended by striking paragraphs (7) and (8) andinserting the following:

‘‘(7) $2,380,000,000 for the fiscal year 1997;‘‘(8) $2,380,000,000 for the fiscal year 1998;‘‘(9) $2,380,000,000 for the fiscal year 1999;‘‘(10) $2,380,000,000 for the fiscal year 2000;

and‘‘(11) $1,700,000,000 for the fiscal year 2001 and

each fiscal year thereafter.’’.(b) LIMITATION ON AMOUNT OF TANF FUNDS

TRANSFERABLE.—Section 404(d)(2) of the SocialSecurity Act (42 U.S.C. 604(d)(2)) is amended toread as follows:

‘‘(2) LIMITATION ON AMOUNT TRANSFERABLE TOTITLE XX PROGRAMS.—

‘‘(A) IN GENERAL.—A State may use not morethan the applicable percent of the amount ofany grant made to the State under section403(a) for a fiscal year to carry out State pro-grams pursuant to title XX.

CONGRESSIONAL RECORD — HOUSE H3895May 22, 1998‘‘(B) APPLICABLE PERCENT.—For purposes of

subparagraph (A), the applicable percent is 4.25percent in the case of fiscal year 2001 and eachsucceeding fiscal year.’’.

(c) EFFECTIVE DATE.—The amendments madeby this section take effect on October 1, 1998.

TITLE IX—AMENDMENTS OF INTERNALREVENUE CODE OF 1986

SEC. 901. SHORT TITLE; AMENDMENT OF 1986CODE.

(a) SHORT TITLE.—This title may be cited asthe ‘‘Surface Transportation Revenue Act of1998’’.

(b) AMENDMENT OF 1986 CODE.—Except as oth-erwise expressly provided, whenever in this titlean amendment or repeal is expressed in terms ofan amendment to, or repeal of, a section orother provision, the reference shall be consid-ered to be made to a section or other provisionof the Internal Revenue Code of 1986.SEC. 902. EXTENSION OF HIGHWAY-RELATED

TAXES AND TRUST FUND.(a) EXTENSION OF TAXES.—(1) IN GENERAL.—The following provisions are

each amended by striking ‘‘1999’’ each place itappears and inserting ‘‘2005’’:

(A) Section 4041(a)(1)(C)(iii)(I) (relating torate of tax on certain buses).

(B) Section 4041(a)(2)(B) (relating to rate oftax on special motor fuels), as amended by sec-tion 907(a)(1) of the Taxpayer Relief Act of 1997.

(C) Section 4041(m)(1)(A) (relating to certainalcohol fuels), as amended by section 907(b) ofthe Taxpayer Relief Act of 1997.

(D) Section 4051(c) (relating to termination oftax on heavy trucks and trailers).

(E) Section 4071(d) (relating to termination oftax on tires).

(F) Section 4081(d)(1) (relating to terminationof tax on gasoline, diesel fuel, and kerosene).

(G) Section 4481(e) (relating to period tax ineffect).

(H) Section 4482(c)(4) (relating to taxable pe-riod).

(I) Section 4482(d) (relating to special rule fortaxable period in which termination date oc-curs).

(2) OTHER PROVISIONS.—(A) FLOOR STOCKS REFUNDS.—Section

6412(a)(1) (relating to floor stocks refunds) isamended—

(i) by striking ‘‘1999’’ each place it appearsand inserting ‘‘2005’’, and

(ii) by striking ‘‘2000’’ each place it appearsand inserting ‘‘2006’’.

(B) INSTALLMENT PAYMENTS OF HIGHWAY USETAX.—Section 6156(e)(2) (relating to installmentpayments of highway use tax on use of highwaymotor vehicles) is amended by striking ‘‘1999’’and inserting ‘‘2005’’.

(b) EXTENSION OF CERTAIN EXEMPTIONS.—Thefollowing provisions are each amended by strik-ing ‘‘1999’’ and inserting ‘‘2005’’:

(1) Section 4221(a) (relating to certain tax-freesales).

(2) Section 4483(g) (relating to termination ofexemptions for highway use tax).

(c) EXTENSION OF DEPOSITS INTO, AND CER-TAIN TRANSFERS FROM, TRUST FUND.—

(1) IN GENERAL.—Subsection (b), and para-graphs (2) and (3) of subsection (c), of section9503 (relating to the Highway Trust Fund) areeach amended—

(A) by striking ‘‘1999’’ each place it appearsand inserting ‘‘2005’’, and

(B) by striking ‘‘2000’’ each place it appearsand inserting ‘‘2006’’.

(2) MOTORBOAT AND SMALL-ENGINE FUEL TAXTRANSFERS.—

(A) IN GENERAL.—Paragraphs (4)(A)(i) and(5)(A) of section 9503(c) are each amended bystriking ‘‘1998’’ and inserting ‘‘2005’’.

(B) CONFORMING AMENDMENTS TO LAND ANDWATER CONSERVATION FUND.—Section 201(b) ofthe Land and Water Conservation Fund Act of1965 (16 U.S.C. 460l–11(b)) is amended—

(i) by striking ‘‘1997’’ and inserting ‘‘2003’’,and

(ii) by striking ‘‘1998’’ each place it appearsand inserting ‘‘2004’’.

(3) CONFORMING AMENDMENT.—The headingfor paragraph (3) of section 9503(c) is amendedto read as follows:

‘‘(3) FLOOR STOCKS REFUNDS.—’’.(d) EXTENSION AND EXPANSION OF EXPENDI-

TURES FROM TRUST FUND.—(1) HIGHWAY ACCOUNT.—(A) EXTENSION OF EXPENDITURE AUTHORITY.—

Paragraph (1) of section 9503(c) is amended bystriking ‘‘1998’’ and inserting ‘‘2003’’.

(B) EXPANSION OF PURPOSES.—Paragraph (1)of section 9503(c) is amended—

(i) by striking ‘‘or’’ at the end of subpara-graph (C), and

(ii) by striking ‘‘1991.’’ in subparagraph (D)and all that follows through the end of para-graph (1) and inserting ‘‘1991, or

‘‘(E) authorized to be paid out of the HighwayTrust Fund under the Transportation EquityAct for the 21st Century.In determining the authorizations under theActs referred to in the preceding subparagraphs,such Acts shall be applied as in effect on thedate of enactment of the Transportation EquityAct for the 21st Century.’’.

(2) MASS TRANSIT ACCOUNT.—(A) EXTENSION OF EXPENDITURE AUTHORITY.—

Paragraph (3) of section 9503(e) is amended bystriking ‘‘1998’’ and inserting ‘‘2003’’.

(B) EXPANSION OF PURPOSES.—Paragraph (3)of section 9503(e) is amended—

(i) by striking ‘‘or’’ at the end of subpara-graph (A),

(ii) by adding ‘‘or’’ at the end of subpara-graph (B), and

(iii) by striking all that follows subparagraph(B) and inserting:

‘‘(C) the Transportation Equity Act for the21st Century,as such section and Acts are in effect on thedate of enactment of the Transportation EquityAct for the 21st Century.’’.

(e) TECHNICAL CORRECTION RELATING TOTRANSFERS TO MASS TRANSIT ACCOUNT.—

(1) IN GENERAL.—Section 9503(e)(2) is amendedby striking the last sentence and inserting thefollowing: ‘‘For purposes of the preceding sen-tence, the term ‘mass transit portion’ means, forany fuel with respect to which tax was imposedunder section 4041 or 4081 and otherwise depos-ited into the Highway Trust Fund, the amountdetermined at the rate of—

‘‘(A) except as otherwise provided in this sen-tence, 2.86 cents per gallon,

‘‘(B) 1.43 cents per gallon in the case of anypartially exempt methanol or ethanol fuel (asdefined in section 4041(m)) none of the alcoholin which consists of ethanol,

‘‘(C) 1.86 cents per gallon in the case of lique-fied natural gas,

‘‘(D) 2.13 cents per gallon in the case of lique-fied petroleum gas, and

‘‘(E) 9.71 cents per MCF (determined at stand-ard temperature and pressure) in the case ofcompressed natural gas.’’.

(2) EFFECTIVE DATE.—The amendment madeby paragraph (1) shall take effect as if includedin the amendment made by section 901(b) of theTaxpayer Relief Act of 1997.

(f) CLERICAL AMENDMENTS.—(1) Paragraph (1) of section 9503(b) is amend-

ed by striking subparagraph (C), by striking‘‘and tread rubber’’ in subparagraph (D), andby redesignating subparagraphs (D), (E), and(F) as subparagraphs (C), (D), and (E), respec-tively.

(2) Clause (i) of section 9503(c)(2)(A) is amend-ed by adding ‘‘and’’ at the end of subclause (II),by striking subclause (III), and by redesignatingsubclause (IV) as subclause (III).

(3) Clause (ii) of section 9503(c)(2)(A) isamended by striking ‘‘gasoline, special fuels,and lubricating oil’’ each place it appears andinserting ‘‘fuel’’.SEC. 903. EXTENSION AND MODIFICATION OF TAX

BENEFITS FOR ALCOHOL FUELS.(a) EXTENSION OF TAX BENEFITS.—

(1) EXTENSION.—The following provisions areeach amended by striking ‘‘2000’’ each place itappears and inserting ‘‘2007’’:

(A) Section 4041(b)(2)(C) (relating to termi-nation of reduction in tax for qualified meth-anol and ethanol fuel).

(B) Section 4041(k)(3) (relating to terminationof rates relating to fuels containing alcohol).

(C) Section 4081(c)(8) (relating to terminationof special rate for taxable fuels mixed with alco-hol).

(D) Section 4091(c)(5) (relating to terminationof reduced rate of tax for aviation fuel in alco-hol mixture, etc.).

(2) EXTENSION OF REFUND AUTHORITY.—Para-graph (4) of section 6427(f) (relating to refundfor gasoline, diesel fuel, and aviation fuel usedto produce certain alcohol fuels), as amended bythe Taxpayer Relief Act of 1997, is amended bystriking ‘‘1999’’ and inserting ‘‘2007’’.

(3) CREDIT FOR ALCOHOL USED AS A FUEL.—Paragraph (1) of section 40(e) (relating to termi-nation of credit for alcohol used as a fuel) isamended—

(A) by striking ‘‘December 31, 2000’’ in sub-paragraph (A) and inserting ‘‘December 31,2007’’, and

(B) by striking ‘‘January 1, 2001’’ and insert-ing ‘‘January 1, 2008’’.

(4) TARIFF SCHEDULE.—Headings 9901.00.50and 9901.00.52 of the Harmonized Tariff Sched-ule of the United States (19 U.S.C. 3007) areeach amended in the effective period column bystriking ‘‘10/1/2000’’ each place it appears andinserting ‘‘10/1/2007’’.

(b) MODIFICATION.—(1) IN GENERAL.—Subsection (h) of section 40

(relating to alcohol used as fuel) is amended toread as follows:

‘‘(h) REDUCED CREDIT FOR ETHANOL BLEND-ERS.—

‘‘(1) IN GENERAL.—In the case of any alcoholmixture credit or alcohol credit with respect toany sale or use of alcohol which is ethanol dur-ing calendar years 2001 through 2007—

‘‘(A) subsections (b)(1)(A) and (b)(2)(A) shallbe applied by substituting ‘the blender amount’for ‘60 cents’,

‘‘(B) subsection (b)(3) shall be applied by sub-stituting ‘the low-proof blender amount’ for ‘45cents’ and ‘the blender amount’ for ‘60 cents’,and

‘‘(C) subparagraphs (A) and (B) of subsection(d)(3) shall be applied by substituting ‘theblender amount’ for ‘60 cents’ and ‘the low-proof blender amount’ for ‘45 cents’.

‘‘(2) AMOUNTS.—For purposes of paragraph(1), the blender amount and the low-proofblender amount shall be determined in accord-ance with the following table:

In the case ofany sale or use

during calendaryear:

The blenderamount is:

The low-proofblender amount

is:

2001 or 2002 ........ 53 cents ............. 39.26 cents2003 or 2004 ........ 52 cents ............. 38.52 cents2005, 2006, or 2007 51 cents ............. 37.78 cents.’’.

(2) CONFORMING AMENDMENTS.—(A) Section 4041(b)(2) is amended—(i) in subparagraph (A)(i), by striking ‘‘5.4

cents’’ and inserting ‘‘the applicable blenderrate’’, and

(ii) by redesignating subparagraph (C), asamended by subsection (a)(1)(A), as subpara-graph (D) and by inserting after subparagraph(B) the following:

‘‘(C) APPLICABLE BLENDER RATE.—For pur-poses of subparagraph (A)(i), the applicableblender rate is—

‘‘(i) except as provided in clause (ii), 5.4 cents,and

‘‘(ii) for sales or uses during calendar years2001 through 2007, 1⁄10 of the blender amount ap-plicable under section 40(h)(2) for the calendaryear in which the sale or use occurs.’’.

(B) Subparagraph (A) of section 4081(c)(4) isamended to read as follows:

CONGRESSIONAL RECORD — HOUSEH3896 May 22, 1998‘‘(A) GENERAL RULES.—‘‘(i) MIXTURES CONTAINING ETHANOL.—Except

as provided in clause (ii), in the case of a quali-fied alcohol mixture which contains gasoline,the alcohol mixture rate is the excess of the ratewhich would (but for this paragraph) be deter-mined under subsection (a) over—

‘‘(I) in the case of 10 percent gasohol, the ap-plicable blender rate (as defined in section4041(b)(2)(C)) per gallon,

‘‘(II) in the case of 7.7 percent gasohol, thenumber of cents per gallon equal to 77 percent ofsuch applicable blender rate, and

‘‘(III) in the case of 5.7 percent gasohol, thenumber of cents per gallon equal to 57 percent ofsuch applicable blender rate.

‘‘(ii) MIXTURES NOT CONTAINING ETHANOL.—Inthe case of a qualified alcohol mixture whichcontains gasoline and none of the alcohol inwhich consists of ethanol, the alcohol mixturerate is the excess of the rate which would (butfor this paragraph) be determined under sub-section (a) over—

‘‘(I) in the case of 10 percent gasohol, 6 centsper gallon,

‘‘(II) in the case of 7.7 percent gasohol, 4.62cents per gallon, and

‘‘(III) in the case of 5.7 percent gasohol, 3.42cents per gallon.’’.

(C) Section 4081(c)(5) is amended by striking‘‘5.4 cents’’ and inserting ‘‘the applicable blend-er rate (as defined in section 4041(b)(2)(C))’’.

(D) Section 4091(c)(1) is amended by striking‘‘13.4 cents’’ each place it appears and inserting‘‘the applicable blender amount’’ and by addingat the end the following: ‘‘For purposes of thisparagraph, the term ‘applicable blender amount’means 13.3 cents in the case of any sale or useduring 2001 or 2002, 13.2 cents in the case of anysale or use during 2003 or 2004, 13.1 cents in thecase of any sale or use during 2005, 2006, or2007, and 13.4 cents in the case of any sale oruse during 2008 or thereafter.’’.

(3) EFFECTIVE DATE.—The amendments madeby this subsection shall take effect on January1, 2001.SEC. 904. MODIFICATIONS TO HIGHWAY TRUST

FUND.(a) DETERMINATION OF TRUST FUND BALANCES

AFTER SEPTEMBER 30, 1998.—(1) IN GENERAL.—Section 9503 (relating to

Highway Trust Fund) is amended by adding atthe end the following new subsection:

‘‘(f) DETERMINATION OF TRUST FUND BAL-ANCES AFTER SEPTEMBER 30, 1998.—For purposesof determining the balances of the HighwayTrust Fund and the Mass Transit Account afterSeptember 30, 1998—

‘‘(1) the opening balance of the HighwayTrust Fund (other than the Mass Transit Ac-count) on October 1, 1998, shall be $8,000,000,000,and

‘‘(2) no interest accruing after September 30,1998, on any obligation held by such Fund shallbe credited to such Fund.The Secretary shall cancel obligations held bythe Highway Trust Fund to reflect the reductionin the balance under this subsection.’’.

(2) EFFECTIVE DATE.—The amendment madeby paragraph (1) shall take effect on October 1,1998.

(b) REPEAL OF LIMITATION ON EXPENDITURESADDED BY TAXPAYER RELIEF ACT OF 1997.—

(1) IN GENERAL.—Subsection (c) of section 9503(relating to expenditures from Highway TrustFund) is amended by striking paragraph (7).

(2) EFFECTIVE DATE.—The amendment madeby paragraph (1) shall take effect as if includedin the amendments made by section 901 of theTaxpayer Relief Act of 1997.

(c) LIMITATION ON EXPENDITURE AUTHOR-ITY.—Subsection (b) of section 9503 (relating totransfers to Highway Trust Fund) is amendedby adding at the end the following new para-graph:

‘‘(6) LIMITATION ON TRANSFERS TO HIGHWAYTRUST FUND.—

‘‘(A) IN GENERAL.—Except as provided in sub-paragraph (B), no amount may be appropriated

to the Highway Trust Fund on and after thedate of any expenditure from the HighwayTrust Fund which is not permitted by this sec-tion. The determination of whether an expendi-ture is so permitted shall be made without re-gard to—

‘‘(i) any provision of law which is not con-tained or referenced in this title or in a revenueAct, and

‘‘(ii) whether such provision of law is a subse-quently enacted provision or directly or indi-rectly seeks to waive the application of thisparagraph.

‘‘(B) EXCEPTION FOR PRIOR OBLIGATIONS.—Subparagraph (A) shall not apply to any ex-penditure to liquidate any contract entered into(or for any amount otherwise obligated) beforeOctober 1, 2003, in accordance with the provi-sions of this section.’’.

(d) MODIFICATION OF MASS TRANSIT ACCOUNTRULES ON ADJUSTMENTS OF APPORTIONMENTS.—Paragraph (4) of section 9503(e) is amended toread as follows:

‘‘(4) LIMITATION.—Rules similar to the rules ofsubsection (d) shall apply to the Mass TransitAccount.’’.SEC. 905. PROVISIONS RELATING TO AQUATIC RE-

SOURCES TRUST FUND.(a) INCREASED TRANSFERS.—(1) Subparagraph (D) of section 9503(b)(4), as

amended by section 911, is amended by striking‘‘exceeds 11.5 cents per gallon,’’ and inserting‘‘exceeds—

‘‘(i) 11.5 cents per gallon with respect to taxesimposed before October 1, 2001,

‘‘(ii) 13 cents per gallon with respect to taxesimposed after September 30, 2001, and before Oc-tober 1, 2003, and

‘‘(iii) 13.5 cents per gallon with respect totaxes imposed after September 30, 2003, and be-fore October 1, 2005,’’.

(2) Clause (ii) of section 9503(c)(4)(A) isamended by adding at the end the followingnew flush sentence:‘‘In making the determination under subclause(II) for any fiscal year, the Secretary shall nottake into account any amount appropriatedfrom the Boat Safety Account in any precedingfiscal year but not distributed.’’

(b) EXPANSION OF EXPENDITURE AUTHORITYFROM BOAT SAFETY ACCOUNT.—Section9504(b)(2) (relating to expenditures from SportFish Restoration Account) is amended—

(1) in subparagraph (A) by striking ‘‘October1, 1988), and’’ and inserting ‘‘the date of the en-actment of the Transportation Equity Act forthe 21st Century),’’,

(2) in subparagraph (B) by striking ‘‘Novem-ber 29, 1990’’ and inserting ‘‘the date of the en-actment of the Transportation Equity Act forthe 21st Century’’, and

(3) by redesignating subparagraph (B) as sub-paragraph (C) and by inserting after subpara-graph (A) the following new subparagraph:

‘‘(B) to carry out the purposes of section7404(d) of the Transportation Equity Act for the21st Century (as in effect on the date of the en-actment of such Act), and’’.

(c) EXTENSION AND EXPANSION OF EXPENDI-TURE AUTHORITY FROM BOAT SAFETY AC-COUNT.—Section 9504(c) (relating to expendi-tures from Boat Safety Account) is amended—

(1) by striking ‘‘1998’’ and inserting ‘‘2003’’,and

(2) by striking ‘‘October 1, 1988’’ and inserting‘‘the date of enactment of the TransportationEquity Act for the 21st Century’’.

(d) LIMITATION ON EXPENDITURE AUTHOR-ITY.—Section 9504 (relating to Aquatic Re-sources Trust Fund) is amended by redesignat-ing subsection (d) as subsection (e) and by in-serting after subsection (c) the following:

‘‘(d) LIMITATION ON TRANSFERS TO AQUATICRESOURCES TRUST FUND.—

‘‘(1) IN GENERAL.—Except as provided in para-graph (2), no amount may be appropriated orpaid to any Account in the Aquatic ResourcesTrust Fund on and after the date of any ex-

penditure from any such Account which is notpermitted by this section. The determination ofwhether an expenditure is so permitted shall bemade without regard to—

‘‘(A) any provision of law which is not con-tained or referenced in this title or in a revenueAct, and

‘‘(B) whether such provision of law is a subse-quently enacted provision or directly or indi-rectly seeks to waive the application of this sub-section.

‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1) shall not apply to any expendi-ture to liquidate any contract entered into (orfor any amount otherwise obligated) before Oc-tober 1, 2003, in accordance with the provisionsof this section.’’.

(e) EFFECTIVE DATE.—The amendments madeby this section shall take effect on the date ofenactment of this Act.SEC. 906. REPEAL OF 1.25 CENT TAX RATE ON

RAIL DIESEL FUEL.(a) IN GENERAL.—Section 4041(a)(1)(C)(ii) (re-

lating to rate of tax on trains) is amended—(1) in subclause (II), by striking ‘‘October 1,

1999’’ and inserting ‘‘November 1, 1998’’, and(2) in subclause (III), by striking ‘‘September

30, 1999’’ and inserting ‘‘October 31, 1998’’.(b) CONFORMING AMENDMENTS.—(1) Section 6421(f)(3)(B) is amended—(A) in clause (ii), by striking ‘‘October 1, 1999’’

and inserting ‘‘November 1, 1998’’, and(B) in clause (iii), by striking ‘‘September 30,

1999’’ and inserting ‘‘October 31, 1998’’.(2) Section 6427(l)(3)(B) is amended—(A) in clause (ii), by striking ‘‘October 1, 1999’’

and inserting ‘‘November 1, 1998’’, and(B) in clause (iii), by striking ‘‘September 30,

1999’’ and inserting ‘‘October 31, 1998’’.SEC. 907. ADDITIONAL QUALIFIED EXPENSES

AVAILABLE TO NONAMTRAK STATES.(a) IN GENERAL.—Section 977(e)(1)(B) of the

Taxpayer Relief Act of 1997 (defining qualifiedexpenses) is amended—

(1) by striking ‘‘and’’ at the end of clause (iii),and

(2) by striking clause (iv) and inserting thefollowing:

‘‘(iv) capital expenditures related to State-owned rail operations in the State,

‘‘(v) any project that is eligible to receivefunding under section 5309, 5310, or 5311 of title49, United States Code,

‘‘(vi) any project that is eligible to receivefunding under section 103, 130, 133, 144, 149, or152 of title 23, United States Code,

‘‘(vii) the upgrading and maintenance ofintercity primary and rural air service facilities,and the purchase of intercity air service be-tween primary and rural airports and regionalhubs,

‘‘(viii) the provision of passenger ferryboatservice within the State,

‘‘(ix) the provision of harbor improvementswithin the State, and

‘‘(x) the payment of interest and principal onobligations incurred for such acquisition, up-grading, maintenance, purchase, expenditures,provision, and projects.’’

(b) EFFECTIVE DATE.—The amendments madeby this section shall take effect as if included inthe enactment of section 977 of the TaxpayerRelief Act of 1997.SEC. 908. DELAY IN EFFECTIVE DATE OF NEW RE-

QUIREMENT FOR APPROVED DIESELOR KEROSENE TERMINALS.

Subsection (f) of section 1032 of the TaxpayerRelief Act of 1997 is amended to read as follows:

‘‘(f) EFFECTIVE DATES.—‘‘(1) Except as provided in paragraph (2), the

amendments made by this section shall take ef-fect on July 1, 1998.

‘‘(2) The amendment made by subsection (d)shall take effect on July 1, 2000.’’.SEC. 909. SIMPLIFIED FUEL TAX REFUND PROCE-

DURES.(a) IN GENERAL.—Subparagraph (A) of section

6427(i)(2) is amended to read as follows:

CONGRESSIONAL RECORD — HOUSE H3897May 22, 1998‘‘(A) IN GENERAL.—If, at the close of any

quarter of the taxable year of any person, atleast $750 is payable in the aggregate under sub-sections (a), (b), (d), (h), (l), and (q) of this sec-tion and section 6421 to such person with respectto fuel used during—

‘‘(i) such quarter, or‘‘(ii) any prior quarter (for which no other

claim has been filed) during such taxable year,a claim may be filed under this section with re-spect to such fuel.’’.

(b) CONFORMING AMENDMENTS.—(1) Subsection (i) of section 6427 is amended by

striking paragraph (4) and by redesignatingparagraph (5) as paragraph (4).

(2) Paragraph (2) of section 6427(k) is amend-ed to read as follows:

‘‘(2) EXCEPTION.—Paragraph (1) shall notapply to a payment of a claim filed under para-graph (2), (3), or (4) of subsection (i).’’.

(3) Paragraph (2) of section 6421(d) is amend-ed to read as follows:

‘‘(2) EXCEPTION.—‘‘For payments per quarter based on aggre-

gate amounts payable under this section andsection 6427, see section 6427(i)(2).’’.

(c) EFFECTIVE DATE.—The amendments madeby this section shall take effect on October 1,1998.SEC. 910. ELECTION TO RECEIVE TAXABLE CASH

COMPENSATION IN LIEU OF NON-TAXABLE QUALIFIED TRANSPOR-TATION FRINGE BENEFITS.

(a) NO CONSTRUCTIVE RECEIPT.—(1) IN GENERAL.—Paragraph (4) of section

132(f) (relating to qualified transportationfringe) is amended to read as follows:

‘‘(4) NO CONSTRUCTIVE RECEIPT.—No amountshall be included in the gross income of an em-ployee solely because the employee may choosebetween any qualified transportation fringe andcompensation which would otherwise be includ-ible in gross income of such employee.’’.

(2) EFFECTIVE DATE.—The amendment madeby this subsection shall apply to taxable yearsbeginning after December 31, 1997.

(b) INFLATION ADJUSTMENT ONLY AFTER1999.—

(1) IN GENERAL.—Paragraph (6) of section132(f) (relating to qualified transportationfringe) is amended to read as follows:

‘‘(6) INFLATION ADJUSTMENT.—‘‘(A) IN GENERAL.—In the case of any taxable

year beginning in a calendar year after 1999, thedollar amounts contained in subparagraphs (A)and (B) of paragraph (2) shall be increased byan amount equal to—

‘‘(i) such dollar amount, multiplied by‘‘(ii) the cost-of-living adjustment determined

under section 1(f)(3) for the calendar year inwhich the taxable year begins, by substituting‘calendar year 1998’ for ‘calendar year 1992’.

‘‘(B) ROUNDING.—If any increase determinedunder subparagraph (A) is not a multiple of $5,such increase shall be rounded to the next low-est multiple of $5.’’.

(2) CONFORMING AMENDMENTS.—Section132(f)(2) is amended—

(A) by striking ‘‘$60’’ in subparagraph (A)and inserting ‘‘$65’’, and

(B) by striking ‘‘$155’’ in subparagraph (B)and inserting ‘‘$175’’.

(3) EFFECTIVE DATE.—The amendments madeby this subsection shall apply to taxable yearsbeginning after December 31, 1998.

(c) INCREASE IN MAXIMUM EXCLUSION FOR EM-PLOYER-PROVIDED TRANSIT PASSES.—

(1) IN GENERAL.—Subparagraph (A) of section132(f)(2) (relating to limitation on exclusion) isamended by striking ‘‘$65’’ and inserting‘‘$100’’.

(2) NEW BASE PERIOD FOR INFLATION ADJUST-MENT.—Subparagraph (A) of section 132(f)(6) isamended by adding at the end the followingflush sentence:‘‘In the case of any taxable year beginning in acalendar year after 2002, clause (ii) shall be ap-plied by substituting ‘calendar year 2001’ for

‘calendar year 1998’ for purposes of adjustingthe dollar amount contained in paragraph(2)(A).’’.

(3) EFFECTIVE DATE.—The amendment madeby this subsection shall apply to taxable yearsbeginning after December 31, 2001.SEC. 911. REPEAL OF NATIONAL RECREATIONAL

TRAILS TRUST FUND.(a) IN GENERAL.—Section 9511 (relating to Na-

tional Recreational Trails Trust Fund) is re-pealed.

(b) CONFORMING AMENDMENTS.—(1) Section 9503(c) is amended by striking

paragraph (6).(2) Subparagraph (D) of section 9503(b)(4) is

amended to read as follows:‘‘(D) in the case of gasoline and special motor

fuels used as described in paragraph (4)(D) or(5)(B) of subsection (c), section 4041 or 4081 withrespect to so much of the rate of tax as exceeds11.5 cents per gallon,’’.

(3) The table of sections for subchapter A ofchapter 98 is amended by striking the item relat-ing to section 9511.SEC. 912. IDENTIFICATION OF LIMITED TAX BENE-

FITS SUBJECT TO LINE ITEM VETO.For purposes of part C of title X of the Con-

gressional Budget and Impoundment ControlAct of 1974 (relating to line item veto), the JointCommittee on Taxation has determined that thistitle does not contain any limited tax benefit (asdefined in such part).

And the Senate agree to the same.

Pursuant to the order of the House on April1, 1998, the Speaker appointed the followingconferees for consideration of the House bill(except title XI) and the Senate amendment(except title VI), and modifications commit-ted to conference:

BUD SHUSTER,THOMAS E. PETRI,SHERWOOD L. BOEHLERT,JAY KIM,STEPHEN HORN,TILLIE K. FOWLER,RICHARD H. BAKER,ROBERT W. NEY,JACK METCALF,JAMES L. OBERSTAR,NICK RAHALL,ROBERT A. BORSKI,ROBERT E. WISE, Jr.,JIM CLYBURN,BOB FILNER,

As additional conferees from the Committeeon Commerce, for consideration of provisionsin the House bill and Senate amendment re-lating to the Congestion Mitigation and AirQuality Improvement Program; and sections124, 125, 303, and 502 of the House bill; andsections 1407, 1601, 1602, 2103, 3106, 3301–3302,4101–4104, and 5004 of the Senate amendmentand modifications committed for conference:

TOM BLILEY,MICHAEL BILIRAKIS,JOHN D. DINGELL,

Provided that Mr.Tauzin is appointedin lieu of Mr. Bili-rakis for consider-ation of sections1407, 2103, and 3106of the Senateamendment.

BILLY TAUZIN,As additional conferees from the Committeeon Ways and Means, for consideration oftitle XXI of the House bill and title VI of theSenate amendment, and modifications com-mitted to conference:

JIM NUSSLE,KENNY C. HULSHOF,

As additional conferees from the Committeeon Ways and Means, for consideration oftitle XXI of the House bill and title VI of theSenate amendment, and modifications com-mitted to conference:

CHARLES B. RANGEL,Managers on the Part of the House.

From the Committee on Environment andPublic Works:

JOHN W. CHAFEE,JOHN WARNER,BOB SMITH,DIRK KEMPTHORNE,JIM INHOFE,CRAIG THOMAS,CHRISTOPHER S. BOND,TIM HUTCHINSON,WAYNE ALLARD,MAX BAUCUS,DANIEL PATRICK MOYNIHAN,HARRY REID,BOB GRAHAM,JOSEPH LIEBERMAN,BARBARA BOXER,

From the Committee on Finance:WILLIAM V. ROTH, Jr.,CHUCK GRASSLEY,ORRIN HATCH,JOHN BREAUX,KENT CONRAD,

From the Committee on Banking, Housing,and Urban Affairs:

ALFONSE D’AMATO,PHIL GRAMM,PAUL SARBANES,CHRIS DODD,

From the Committee on Commerce, Science,and Transportation:

ERNEST HOLLINGS,From the Committee on the Budget:

PETE DOMENICI,DON NICKLES,PATTY MURRAY,

Managers on the Part of the Senate.JOINT EXPLANATORY STATEMENT OF

THE COMMITTEE OF CONFERENCEThe managers on the part of the House and

the Senate at the conference on the disagree-ing votes of the two Houses on the amend-ment of the Senate to the bill (H.R. 2400) toauthorize funds for Federal-aid highways,highway safety programs, and transit pro-grams, and for other purposes, submit thefollowing joint statement to the House andthe Senate in explanation of the effect of theaction agreed upon by the managers and rec-ommended in the accompanying conferencereport:

The Senate amendment struck all of theHouse bill after the enacting clause and in-serted a substitute text.

The House recedes from its disagreementto the amendment of the Senate with anamendment that is a substitute for theHouse bill and the Senate amendment. Thedifferences between the House bill, the Sen-ate amendment, and the substitute agreed toin conference are noted below, except forclerical corrections, conforming changesmade necessary by agreements reached bythe conferees, and minor drafting and cleri-cal changes.

TITLE I—FEDERAL-AID HIGHWAYSSHORT TITLE, TABLE OF CONTENTS

House billThe title of the House bill is the ‘‘Building

Efficient Surface Transportation And EquityAct of 1998,’’ ‘‘BESTEA.’’ Section 1 of theHouse bill also includes a table of contents.Senate amendment

The title of the Senate amendment is the‘‘Intermodal Surface Transportation Effi-ciency Act of 1998,’’ of ‘‘ISTEA II.’’ Section 1of the Senate amendment also includes atable of contents for the bill.Conference substitute

The Conference adopts a substitute provi-sion. The title of the bill is ‘‘TransportationEquity Act for the 21st Century’’ or ‘‘TEA21.’’

CONGRESSIONAL RECORD — HOUSEH3898 May 22, 1998DEFINITIONS

House bill

The House bill includes definitions for twoterms in the free-standing provisions. Theterm ‘‘Interstate System’’ has the meaninggiven the term by section 101 of title 23 ofthe United States Code. The term ‘‘Sec-retary’’ is the Secretary of Transportation.Senate amendment

For the purpose of the free-standing provi-sions, the Senate amendment defines theterm ‘‘Secretary’’ as the Secretary of Trans-portation.Conference substitute

The conference adopts the House provision.SAVINGS CLAUSE

House bill

The House bill provides that amendmentsmade by this Act shall not affect any appor-tionment or allocations of any funds that oc-curred before the date of enactment of thisAct unless the bill specifically directs thatthe allocation or apportionment be modified.Senate amendment

The Senate amendment contains no provi-sion similar to the House savings clause.Conference substitute

The Conference does not include the Houseprovision.

AMENDMENTS TO TITLE 23House bill

Section 101 of the House bill directs thateach amendment in the bill, or repeal of asection or other provision of law, is anamendment to title 23 of the United StatesCode unless the bill states otherwise.Senate amendment

The Senate amendment contains no provi-sion comparable to the Hose provision.Conference substitute

The conference report adopts the Houseprovision.

SHORT TITLE FOR TITLE I

House bill

The House bill contains no comparable pro-vision.

Senate amendment

The Senate amendment includes a shorttitle for the first title of the bill coveringhighway programs. This title may be cited asthe ‘‘Surface Transportation Act of 1998’’.

Conference substitute

The conference report does not include theSenate provision.

DIVISION OR SEGMENTATION OF PROJECTS

House bill

The House bill authorizes a State carryingout a project with Federal funds to divide orsegment the project provided that the divi-sion or segmentation complies with the re-quirements of the National EnvironmentalPolicy Act of 1969.

Senate amendment

The Senate amendment contains no com-parable provision.

Conference substitute

The Conference adopts the House provi-sion. This provision clarifies that by listinghigh priority projects in subsection 127(c) ofthis Act and similar projects in previous leg-islation, Congress is establishing the limitsof the projects for purposes of eligibility forassociated Federal-aid highway funding. Thelisting or identification of a project is not in-tended to define the scope of the project forpurposes of complying with all Federal re-quirements, including those of the NationalEnvironmental Policy Act (NEPA). As theassociated Federal-aid highway funding for

these projects typically is not sufficient tofinance the Federal share of all improve-ments within the project limits, Congressrecognizes that a State needs the flexibilityto advance logical segments of the overallproject. Any segment of a project must stillhave to connect logical termini, have inde-pendent utility, and not restrict consider-ation of alternatives for other reasonablyforeseeable transportation improvements.This provision does not waive safety or con-tracting requirements for the underlyingsegment.

In the case of the South LawrenceTrafficway in Kansas, the State may ad-vance the segment between U.S. 59 and Kan-sas Route 10 as a non-Federally fundedproject without triggering NEPA.

TECHNICAL AMENDMENT METROPOLITANPLANNING SET ASIDE

House billSection 104(e) amends the metropolitan

planning set aside provision of section 104(f)of title 23, United States Code by deletingthe references to outdated funding programsand providing that the set aside shall not bededucted from funds for the RecreationalTrails Program.Senate amendment

Section 1112(b)(1) makes minor technicalamendments to the metropolitan planningset aside provision in section 104(f) of title23, United States Code.Conference substitute

The Conference adopts the House provi-sion.

AUDITS OF THE HIGHWAY TRUST FUND

House billThe House bill contains no comparable pro-

vision.Senate amendment

Section 1102(e) amends section 104(i) oftitle 23, United States Code to authorize theSecretary to use administrative funds to re-imburse the Office of Inspector General ofthe Department of Transportation for annualaudits of financial statements in accordancewith section 3521 of title 31, United StatesCode.Conference substitute

The Conference adopts the Senate provi-sion.

NOTICE TO THE STATES

House billSection 104(d) makes technical corrections

to section 104 of title 23, United States Code.It also directs the Secretary to transmit toCongress within 21 days a written statementsetting forth the reason for not making anapportionment in a timely manner. This sec-tion has been included in response to thewithholding of apportionments in fiscal year1997. The apportionments were held up forseveral months due to an error in creditingreceipts into the Highway Trust Fund. Ulti-mately, a correction was made resulting inthe redistribution of nearly $1 billion in fed-eral-aid highway funds. The withholding wasdone administratively. This amendmentwould require a written explanation of anywithholding in the future.Senate amendment

Section 1102(f)(1) makes technical correc-tions to section 104 of title 23, United StatesCode.Conference substitute

The Conference adopts the House provi-sion.

TECHNICAL AMENDMENTS

House billThe House bill contains no comparable pro-

vision.

Senate amendmentSection 1102(f)(1) and (2) make technical

corrections to section 104 of title 23, UnitedStates Code.Conference substitute

The Conference adopts the Senate provi-sion.

REPEAL OF SECTION 150House bill

The House bill contains no comparable pro-vision.Senate amendment

Section 1102(g)(2) repeals section 150 oftitle 23, United States Code. Section 150 pro-vided for the allocation of funds based on anoutdated concept of urban systems.Conference substitute

The Conference adopts the Senate provi-sion.

SURFACE TRANSPORTATION OBLIGATIONS INURBAN AREAS

House billSubsection 108(g) extends the current pro-

vision in subsection 133(f) requiring the pro-portional obligation of surface transpor-tation program funds made available forurban areas over the period from 1998through 2003.Senate amendment

Section 1104 continues current procedurein subsection 133(f) of title 23, United StatesCode regarding the sub-allocation of surfacetransportation program (‘‘STP’’) funds to ur-banized areas. The purpose of this require-ment is to ensure that the obligation rate ofthe STP funds for urbanized areas within aState is consistent with the larger obligationrate for all Federal-aid highway apportion-ments within the State. This section amendscurrent law to require States to comply withobligation rates over two equal three-yearperiods, as opposed to the existing require-ment of complying over a single six-year pe-riod.Conference substitute

The Conference adopts the Senate provi-sion.

EMERGENCY RELIEF

House bill

Section 117(a)(1) makes several technicalcorrections to the Federal share payable sec-tion under the Emergency Relief Program.Senate amendment

Section 1105 restates the eligibility forhighway and bridge projects and the fundingrequirements for the emergency relief(‘‘ER’’) program. ER funds can be used onlyfor emergency repairs done to restore essen-tial highway traffic, to minimize the extentof damage resulting from a natural disasteror catastrophic failure, or to protect the re-maining facility. The Secretary is also au-thorized to borrow amounts necessary fromany program under title 23 for emergency re-lief work. Any additional funds used shall bereimbursed with future ER appropriations.The purpose of allowing the Secretary toborrow funds from title 23 programs is toprovide a ‘‘cushion’’ to allow project work tocontinue if all ER program funds are used.This section also amends current law, whichlimits the availability of ER funds to twoyears, to make them available until ex-pended.Conference substitute

The Conference adopts the Senate provi-sion.

ACCESS TO KENNEDY CENTER

House bill

Section 117(e) requires the Secretary, incooperation with the District of Columbia,

CONGRESSIONAL RECORD — HOUSE H3899May 22, 1998the John F. Kennedy Center for the Perform-ing Arts, and the Department of the Interior,and in consultation with other interestedpersons, to conduct a study of methods toimprove pedestrian and vehicular access tothe John F. Kennedy Center for the Perform-ing Arts. The bill authorizes $500,000 to betaken out of the Highway Trust fund for thestudy.Senate amendment

The Senate amendment contains no com-parable provision.Conference substitute

The Conference adopts the House provi-sion.

SMITHSONIAN TRANSPORTATION PROGRAM

House billSection 117(f) provides assistance to the

Smithsonian Institute for transportation-re-lated activities, including exhibitions andeducational outreach programs, the acquisi-tion of transportation-related artifacts, andtransportation-related research programs.The bill authorizes $5 million annually forthis assistance.Senate amendment

The Senate amendment contains no com-parable provision.Conference substitution

The Conference adopts the House provisionwith a reduction in the annual authorizationto $1 million.

RECREATIONAL TRAILS

House billSection 114 codifies the Recreational Trails

Program authorized in ISTEA as Section 205of Title 23. The program distributes toStates a portion of gas tax revenues attrib-utable to non-highway use for trail projects.The Secretary is required to administer thisprogram for the purpose of providing andmaintaining recreational trails. The Federalshare for the program is 50 percent of cost.Certain other Federal programs can be usedas matching funds. Eligible costs includeeducational programs, the development, con-struction and rehabilitation of trails, andthe acquisition of easements. The existingISTEA provision relating to recreationaltrails is repealed. The Secretary is to en-courage the use of youth conservation orservice corps in completing appropriatetrails projects.

The 30 percent figures under the AssuredAccess to Funds requirement and the 40 per-cent figure under the Diversified Trail Userequirement are minimum requirementsthat could be exceeded. States should nottreat their projects as if they were meetingthree mutually exclusive categories. Therecan be overlap between the Diversified Trailuse requirement and the Assured Access re-quirements. There should be diversified mo-torized use projects, diversified non-motor-ized use projects, and projects that benefitboth motorized and non-motorized use simul-taneously.Senate amendment

Section 1107 continues the existing Rec-reational Trails Program. Under this provi-sion, the Recreational Trails Program is tobe funded through contract authority fromthe Highway Trust Fund. The annual con-tract authority is as follows: $17,000,000 forfiscal year 1998; $20,000,000 for fiscal year1999; $22,000,000 for fiscal year 2000; $23,000,000for fiscal year 2001; $24,000,000 for fiscal year2002; and $25,000,000 for fiscal year 2003. Theprovision of current law relating to the Na-tional Recreational Trails funding is re-pealed.

The Federal share payable for projectsunder the Recreational Trails Program is in-creased from 50 percent to 80 percent. In ad-

dition to the Department of Transportation,other Federal agencies may contribute addi-tional funds for a Recreational Trailsproject. However, the Department of Trans-portation share for any individual projectmay not exceed 80 percent; the combinedshare of all Federal agencies may not exceed95 percent. The Federal share for this pro-gram is consistent with the Federal shareavailable for other Federal-aid projects.

This section retains the current require-ment regarding the States’ use of annual ap-portionments: at least 30 percent of Federalfunds must be used to facilitate non-motor-ized recreation; another 30 percent of thefunds must be used for motorized rec-reational purposes. A State must use the re-maining amount of funds for diverse rec-reational purposes, including both motorizedand nonmotorized recreational trail use. Ex-perience with implementing RecreationalTrail projects in the past has shown thatproject sponsors for nonmotorized trailprojects were significantly disadvantaged inmeeting the higher non-Federal matching re-quirements.

To the extent practicable and consistentwith other requirements, States are to giveconsideration to projects that benefit thenatural environment or mitigate and mini-mize impacts to the environment.

The amount that the Secretary may de-duct to pay the costs for administration ofthe program is reduced from three percent toone percent.Conference substitute

The Conference substitute adopts the Sen-ate language with several modifications. Thesubstitute clarifies that a State may usefunds appropriated under this section forconstruction of new trails only if the con-struction is permissible under some otherlaw or is otherwise required by a statewidecomprehensive outdoor recreational plan ineffect required by the Land and Water Con-servation Found Act. It places a cap on theamount that a state can expend on edu-cational programs to promote safety and en-vironmental protection at 5% of annual ap-portionments.

The substitute provision also modifies ex-isting law to exclude all small states with atotal land area of less than 3,500,000 acresfrom the requirement to expend annual ap-portionments for trails and trails relatedprojects in a ratio of 40% diverse use, 30%motorized use and 30% nonmotorized use.The substitute further provides that a Statetrail advisory committee may waive thetrails diversity requirement if the State no-tifies the Secretary that the State does nothave sufficient projects to meet the diversityrequirements.

It adds a new section which allows Statesto make grants under section 104(h) to pri-vate organizations, municipal, county, stateand Federal governmental entities after con-sidering guidance from the recreational advi-sory committee for uses consistent with thissection.

TERMINATION OF RECREATIONAL TRAILSADVISORY COMMITTEE

House billSubsection 114(d) terminates the Rec-

reational Trail Advisory Committee by theend of fiscal year 2000.Senate amendment

Section 1208(c) terminates the NationalRecreational Trails Advisory Committee assoon as is practicable. The Advisory Com-mittee was established in ISTEA and taskedto (1) review the allocation and utilization ofmoneys under the Recreational Trails pro-gram; (2) establish review criteria for trail-side and trail-head facilities; and (3) rec-ommend changes in Federal policy to ad-

vance the purposes of the program. The Ad-visory Committee has completed these tasksand is no longer necessary. This provisiondoes not affect the State advisory commit-tees that are responsible for implementingthe Recreational Trails Program.Conference substitute

The Conference adopts the House provi-sion.

ENCOURAGEMENT OF YOUTH CONSERVATIONCORPS

House billSubsection 114(c) encourages the use of

qualified youth conservation or service corpsto construct and maintain recreational trailprojects.Senate amendment

The Senate amendment contains no com-parable provision.Conference substitute

The Conference adopts the House provi-sion.

VALUE PRICING PILOT PROGRAM

House billSection 119 establishes a variable pricing

pilot program. The Secretary may enter intocooperative agreements with up to 15 Statesto conduct and monitor the pilot projects.The Federal share for a pilot program is 80percent of the total cost of the program, al-though the Federal share for any portion ofa project may be up to 100 percent. The pro-vision authorizes full Federal participationin the start-up, development, and pre-imple-mentation costs associated with a pilot pro-gram for up to three years.

Single occupancy vehicles that are part ofa pilot program may operate in high occu-pancy vehicle (HOV) lanes.

Pilot programs must include an analysis ofhow the program affects low income drivers.Senate amendment

Section 1108 renames the congestion pric-ing pilot program as the value pricing pilotprogram and codifies the program in title 23,United States Code.

A number of States and local governmentshave used funds provided under ISTEA tocomplete feasibility studies and implementa-tion of value pricing projects. This sectionprovides funding and additional flexibility toallow States to continue to implement theseprojects. In addition, it expands the pro-gram, increasing the number of pilot pro-grams eligible for funding from five to 15,and lifting the restriction that only threeprojects can be conducted on the InterstateSystem. Funds available under this sectionmay be used for all pre-implementation anddesign costs to give States more flexibilityto study options for different types of valuepricing projects.

This section also includes an exemptionfrom the HOV requirement of Section 102(b)of title 23 to permit single occupancy vehi-cles to operate in HOV lanes if the vehiclesare part of a value pricing program.

It is expected that each value pricingproject will include a thorough evaluation ofthe project’s effects, including its impacts oncongestion, air quality, transit use, andother social and economic effects.Conference substitute

The Conference adopts the Senate provi-sion with two modifications. First, it pro-hibits federal funding of pre-implementation,development and startup costs after threeyears as provided in the House bill. Second,it requires each pilot program to include,where appropriate, an analysis of the impactof the program on low income drivers.

HIGHWAY USE TAX EVASION PROJECTS

House billSection 122 amends section 1040 to specify

that all funds provided for this program are

CONGRESSIONAL RECORD — HOUSEH3900 May 22, 1998contract authority. It requires funding pro-vided under this section to be used to createan automated fuel reporting system to im-prove the tracking of motor fuels subject toFederal and state excuse taxes.Senate amendment

Section 1109 eliminates two obsolete taxevasion study requirements in current law.It eliminates the annual report on motorfuel tax enforcement activities and the re-port on the feasibility and desirability ofusing dye and markers to aid in motor fueltax enforcement activities.

This section codifies and expands the suc-cessful tax evasion program in section 1040 ofISTEA. It provides $5 million in contract au-thority for each of fiscal years 1998 through2003 to continue joint FHWA–IRS–Statemotor fuel tax compliance projects acrossthe Nation, as established in section 1040 ofISTEA. All costs of tax evasion projects areto be paid by the Federal Government.

This section also authorizes an additional$8 million for the Secretary to complete thedevelopment of an excise fuel reporting sys-tem, as well as $2 million annually for theoperation and maintenance of the system.This system will provide essential informa-tion regarding data on import and refineryproduction of motor fuel to compare withterminal fuel receipts and fuel deliveries.This new program, along with the continuingprogram, is necessary to help ensure that thesuccessful, coordinated regional and nationalapproach to combat fuel tax fraud can con-tinue and improve.

The Conference adopts the Senate provi-sion with one modification. The substituteexpressly provides the excise fuel reportingsystem with contract authority.

BICYCLE TRANSPORTATION AND PEDESTRIANWALKWAYS

House billSection 137 amends section 217 of title 23 to

make a number of clarifying changes and torequire that bicyclists and pedestrians be in-cluded in the planning process and to allowelectric bicycles on trails when State orlocal regulations permit. The provision clari-fies the requirements under section 109(n) oftitle 23 related to the impact on non-motor-ized transportation of a Federal-aid highwayproject. It also requires that bicycle safetybe taken into account when States under-take rail-highway crossing projects undersection 130 of the title 23. Such safety de-vices shall include installation and mainte-nance of audible traffic signal and audiblesigns.Senate amendment

Section 1110 builds on ISTEA by expandingthe amount of funds available to be used toencourage bicycling and walking as alter-native modes of transportation. This provi-sion amends section 217 of title 23, UnitedStates Code, to include the construction ofpedestrian walkways as an eligible use of aState’s National Highway System (NHS) ap-portionments under the same criteria bywhich bicycle transportation facilities cur-rently are eligible. This section eliminatesthe restriction on the use of NHS funds forthe construction of bicycle transportationfacilities on land adjacent to the InterstateSystem and amends current law to allow thesafe accommodation of bicycles on highwaybridges located on fully access-controlledhighways, if the bridge is being replaced orrehabilitated with Federal funds. The De-partment is encouraged to work with theStates to ensure that bicycling and pedes-trian interests are represented in State andMPO decisionmaking.

The planning provisions in sections 134 and135 of title 23 are amended to provide thatbicyclists and pedestrians shall be given con-

sideration in the comprehensive Statewideand metropolitan planning processes, andthat the inclusion of bicycle and pedestrianfacilities shall be considered, where appro-priate and permitted, in conjunction with allnew construction and reconstruction oftransportation facilities.Conference substitute

The Conference adopts the House provisionwith modifications. The substitute clarifiesthat safety devices such as installation ofaudible traffic signals and audible signs shallbe considered where appropriate. It also re-tains current law section 217(i) which clari-fies that eligible bicycle projects must beprincipally for transportation, rather thanrecreation, purposes.

HIGHWAY AND STREET DESIGN STANDARDS

House billSubsection 137(d) requires a study of high-

way and street design standards to accom-modate bicycles.Senate amendment

The Senate amendment contains no com-parable provision.Conference substitute

The Conference does not include a studyrequirement.

DESIGN GUIDANCE

House billSubsection 137(f) requires the Department

of Transportation, in cooperation with theAmerican Association of State Highway andTransportation Officials (AASHTO), the In-stitute of Transportation Engineers, andother interested organizations, to issue with-in one year design guidance to accommodatebicycle and pedestrian travel.Senate amendment

The Senate amendment contains no com-parable provision.Conference substitute

The Conference adopts the House provisionwith two modifications. First, the substituteclarifies that the guidance must include rec-ommendations to amend and updateAASHTO policies relating to highway andstreet design standards. Second, it extendsthe deadline for the issuance of the guidanceto 18 months.

DISADVANTAGED BUSINESS ENTERPRISES

House billSubsection 102(b) continues the Disadvan-

taged Business Enterprise provisions. It alsoallows an entity or person that is preventedunder Federal court order from complyingwith the DBE provision to continue to be eli-gible to receive Federal funds. The Comp-troller General is required to conduct astudy of the DBE program within three yearsof enacted of this act. Recent court decisionshave established new standards for review ofthe constitutionality of programs such asthe DBE provisions enacted in prior surfacetransportation acts and that the courts arenow determining whether the DBE programscomply with those standards. The Depart-ment of Transportation is reviewing the DBEprogram in light of recent court rulings andhas proposed new regulations to ensure thatthe program withstands constitutional mus-ter. Section 102(b) of the reported bill makesno changes to these provisions preferring tolet the courts resolve these issues. However,the Committee will continue to monitorDOT’s administration of this program andgage the impact of court decisions on theseprovisions.

This provision is intended to ensure thatgrant recipients under this Act will continueto be eligible to continue to receive federalfunds even if a federal court has entered afinal order finding the DBE program to beunconstitutional.

The possibility of legal challenges thatmay affect a limited number of States ortransit agencies. This provision is intendedto ensure that any affected recipients willnot be unfairly penalized for complying witha final order of a Federal court finding theDBE program to be unconstitutional.Senate amendment

Section 1111 continues the provisions incurrent law regarding the disadvantagedbusinesses enterprise (DBE) program. TheDBE program, which originated in the Sur-face Transportation Assistance Act of 1982,requires that 10 percent of the funds providedunder title I of this Act be expended withsmall business concerns owned and con-trolled by socially and economically dis-advantaged individuals, except to the extentthat the Secretary of Transportation deter-mines otherwise.

In 1995, the Supreme Court decidedAdarand v Pena, which heightened the stand-ard of judicial review applicable to Federalaffirmative action programs. The case in-volved a Caucasian subcontractor who sub-mitted a low bid on a Federal lands highwayconstruction contract, but lost to a companythat was certified as ‘‘disadvantaged.’’Adarand filed suit, alleging that he was de-nied the equal protection guaranteed by theFifth amendment. The Court agreed in a 5–4decision that Federal race classifications,such as the DBE program, must be subject tostrict scrutiny. In other words, the programmust: (1) serve a compelling government in-terest, and (2) be narrowly tailored to ad-dress that compelling interest, which in thiscase is fighting discrimination.

It is important to note that the SupremeCourt did not strike down the DBE programor any other Federal affirmative action pro-gram. That means that if the program inquestion meets the new test outlined by theCourt, it is Constitutional and may continueto exist. In the case of the DBE program, theDepartment of Transportation has deter-mined that the Constitutional concerns canbe addressed through changes in the Depart-ment’s regulations. To that end, the Depart-ment has proposed a number of regulationsintended to address the ‘‘narrow tailoring’’requirements of ‘‘strict scrutiny’’ by (1) giv-ing priority to race-neutral measures inmeeting program goals, and (2) limiting thepotential adverse effects of the program onother parties.Conference substitute

The Conference adopts the Senate provi-sion.

FEDERAL SHARE PAYABLE

House billSection 134(c) technically changes to the

Federal share on certain projects from astrict percentage to a limitation. This willallow for an increased non-Federal share at aState’s option. It does not allow the Sec-retary to impose a lower match.Senate amendment

Section 1112(a) amends section 120 of title23, United States Code, to allow a State, if itchooses, to reduce the Federal share of aFederal-aid highway project. This changewill give States the flexibility to carry outmore projects than would be possible with astraight 20 percent non-Federal share. Noth-ing in this section is intended to require aState to lower the Federal share payable onany project funded under this title.Conference substitute

The Conference adopts the Senate provi-sion.

Increased Federal Share for Transit VehiclesHouse bill

Subsection 120(a) amends section 120 oftitle 23 to provide that the Federal share of

CONGRESSIONAL RECORD — HOUSE H3901May 22, 1998priority control systems for transit vehiclesmay be up to 100 percent.

Senate amendment

The Senate bill contains no comparableprovision.

Conference substitute

The Conference adopts the House provi-sion.

Credit for Non-Federal Share

House bill

Subsection 120(b) allows States to applytoll revenues used for specified capital im-provements to their non-Federal share re-quirement for title 23 projects and for chap-ter 53 of title 49. To receive this credit, aState must maintain its average non-Federaltransportation capital expenditure for thepreceding three fiscal years.

Senate amendment

Section 1112(a)(2) codifies a provision es-tablished in ISTEA which allows States toapply toll revenues used for specified capitalimprovements to their non-Federal share re-quirement for title 23 projects. To receivethis credit, a State must meet a mainte-nance of effort test, and therefore, mustmaintain its average non-Federal transpor-tation capital expenditure for the precedingthree fiscal years. The provision allows aState to drop a ‘‘high year’’ from the threeyear maintenance of effort test, if that yearis at least 30 percent greater than the aver-age for the two other preceding years.

Conference substitute

The Conference adopts the House provi-sions with modifications. The substitute lan-guage includes the exception clause for themaintenance of effort test provided for in theSenate language. In addition, the substitutelanguage clarifies that payments on trans-portation-related bonds are considered a‘‘transportation expenditure’’.

Toll Road Credits

House bill

Subsection 133(e) clarifies that private en-tity expenditures for construction of specifictoll roads in Southern California may becredited to the State’s non-Federal share.

Senate amendment

The Senate bill contains no comparableprovision.

Conference substitute

The Conference adopts the House provisionwith modifications. The substitute amendssection 120 of title 23 and provides that pri-vate entity expenditures used to constructtoll roads open to traffic may be used towardthe matching share in all States.

Interstate Reconstruction Pilot Program

House bill

Subsection 120(c) creates an InterstateSystem Reconstruction and RehabilitationPilot Program. This program allows up tothree facilities to be tolled, provided the tollrevenues are used to improve that facility.Any State wishing to participate in the pilotprogram must enter into an agreement withthe Secretary to ensure that no toll revenuesare diverted to another facility or purpose.The provision specifies eligibility and selec-tion criteria.

Senate amendment

The Senate bill contains no comparableprovision.

Conference substitute

The conference adopted the House provi-sion to allow a State to toll segments of theInterstate system. The provision allows upto three states to participate provided thatrevenues generated from the tolls will beused to reconstruct, improve or maintain the

facility. The conferees understand that cer-tain segments of the Interstate require sub-stantial maintenance and rehabilitationfunding above available resources, such asInterstate 80 in Pennsylvania.Technical Amendment—Federal Share Payable

House billParagraph 104(e)(2) provides a technical

conforming amendment to section 120.Senate amendment

Paragraph 1112(b)(1) provides a technicalamendment to 23 U.S.C. 120 concerning theFederal share payable for title 23 projects toconform subsections 120(a) and (b) to sub-section 120(i), which allows the State to de-termine a lower Federal share.Conference substitute

The Conference adopts the House provi-sion.Technical Amendment—Federal Share Payable

House billThe House bill contains no comparable pro-

vision.Senate amendment

Paragraph 1112(b)(2) provides a technicalamendment to 23 U.S.C. 120 to conform thissubsection to 23 U.S.C. 121, relating to pay-ments made to States for the cost of con-struction.Conference substitute

The Conference adopts the Senate provi-sion.

Study: Highway Economic RequirementHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Subsection 1113(a) requires the General Ac-counting Office (GAO) to report to Congresson the Department’s methodology for deter-mining highway needs using the HighwayEconomic Requirement System (HERS), acomputer program developed to use eco-nomic criteria and engineering criteria in es-timating highway investment requirements.The GAO is required to provide Congresswith an assessment of the extent to whichthe model is useful in estimating an optimallevel of highway infrastructure investmentthree years after this Act is enacted.Conference substitute

The Conference adopts the Senate provi-sion.

Study: International Roughness IndexHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Subsection 1113(b) requires the Comptrol-ler General to submit a report to the Con-gress on the International Roughness Index(IRI), an index that is being used to measurethe pavement quality of the Federal-aidhighway system. The IRI is a data input usedin the HERS model. Concerns have beenraised as to the reliability of the IRI meas-urement across different manufacturers andtypes of pavements and this study shall indi-cate the extent to which the IRI measure-ment is reliable.Conference substitute

The Conference adopts the Senate provi-sion.

Report: Rates of ObligationHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Subsection 1113(c) requires the Secretaryto report annually on the rates of obligation

of funds apportioned under Federal-aid high-way programs. The report shall include in-formation regarding funding category or sub-category, type of improvement, and sub-strate geographic area.Conference substitute

The Conference adopts the Senate provi-sion with a modification to clarify that thereport shall include all final apportionedprograms.

109 Study: Procurement PracticesHouse bill

Subsection 139(b) requires the GAO toevaluate procurement practices and projectdelivery. The study shall access the impact autility company’s failure to relocate in atimely manner has on the delivery and costof Federal-aid highway and bridge projects.Senate amendment

Subsection 1113(d) requires the General Ac-counting Office (GAO) to conduct a study onFederal-aid highway procurement practicesand project delivery. The study shall accessthe impact that a utility company’s failureto relocate in a timely manner has on the de-livery and cost of Federal-aid highway andbridge projects.Conference substitute

The Conference adopts the House provi-sion.

DefinitionsHouse bill

Section 143 organizes the definitions fortitle 23 alphabetically.Senate amendment

Section 1114 provides definitions for theterms ‘‘Federal-aid highway funds’’ and‘‘Federal-aid highway program.’’ Thesephrases are used throughout title 23, but arenot defined in current law. The addition ofthese clarifying definitions is not intendedto change the implementation of any sectionunder current law. The section reorganizesthe Definitions for title 23 alphabetically.Conference substitute

Unresolved.Definitions: Enhancements

House billSection 143 amends the definition of a

transportation enhancement activity. Itspecifies that a transportation enhancementactivity must have a direct link to surfacetransportation. It also expands the definitionto allow the removal of graffiti and litteramong the list of eligible activities, as wellas environmental mitigation to reduce vehi-cle-caused wildlife mortality while main-taining habitat connectivity. In addition, itadds construction of tourist and welcomecenters as an eligible activity.Senate amendment

Subsection 1223(d) amends subsection 101(a)by providing that tourist and welcome cen-ter facilities associated with scenic or his-toric highway programs are eligible for fund-ing under the enhancement program.Conference substitute

The Conference adopts the House provisionwith modifications. The substitute requiresthat transportation enhancement activitieshave a relationship, rather than a directlink, to surface transportation. It does notinclude graffiti and litter removal as eligibleactivities. It retains the Senate provision re-garding eligibility of tourist and welcomecenters. In order to be eligible under the en-hancement program, the tourist or welcomecenter (whether a new facility or existing fa-cility) does not have to be on a designatedscenic or historic byway, but there must bea clear link to scenic or historical sites. Itadds transportation-related museums as aneligible activity.

CONGRESSIONAL RECORD — HOUSEH3902 May 22, 1998Definitions: Operational Improvement

House bill

Subsection 143 of the House bill providestechnical amendments to, but does notchange the definition of operational im-provement from current law.

Senate amendment

This section revises the definition of‘‘operational improvement’’ in section 101(a)of title 23, United States Code, to include theinstallation, operation, or maintenance ofcertain Intelligent Transportation Systemsinfrastructure projects. The installation, op-eration or maintenance of communicationssystems, roadway weather information andprediction systems, and other improvementsdesignated by the Secretary that enhanceroadway safety during adverse weather arealso incorporated into the revised definition.

Conference substitute

The Conference adopts the House provi-sion.

Hazard Elimination

House bill

Subsection 143 of the House bill providestechnical amendment to, but does notchange this definition from current law.

Senate amendment

Subparagraph 1404(b)(1)(A) amends the def-inition of ‘‘highway safety improvementproject’’ by deleting the reference to ‘‘high-way’’.

Conference substitute

The Conference adopts the House provisionwith a modification. The reference to ‘‘high-way’’ is deleted. In carrying out this provi-sion, States should minimize any negativeimpact on safety and access for bicyclistsand pedestrians in accordance with Section217 of title 23, U.S.C.

Project Approval and Oversight

House bill

Section 143 amends section 101 of title 23by providing a definition for ‘‘project agree-ment.’’ It is defined as the formal instru-ment required under the project agreementprovision in title 23.

Senate amendment

The Senate bill contains no comparableprovision.

Conference substitute

The Conference adopts the House provisionwith a modification. It provides a conform-ing amendment to recognize that section 110regarding project agreements is repealed andthe portion of the provision relating toproject agreements is moved to section 106.

Cooperative Federal Lands Program

House bill

The House bill contains no comparable pro-vision.

Senate amendment

Section 1115 establishes a new section 207in chapter 2 of title 23, United States Code,which provides a funding source for publicroads or bridges owned by States or their po-litical subdivisions that cross, are adjacentto, or provide access to, Federal lands andIndian reservations (including reservoirsowned by the Army Corps of Engineers). Thepurpose of this program is to supplement theefforts of the Federal government in develop-ing and maintaining roads or bridges thatserve federally owned land and Indian res-ervations (including reservoirs owned by theArmy Corps of Engineers).

The Cooperative Federal Lands Transpor-tation Program ensures that funding will beprovided for projects in States where greaterthan 4.5 percent of the land within the stateborders is held in trust or owned by the Fed-

eral government. Funds are provided directlyto these States for projects that provide ac-cess to Federal lands and Indian reserva-tions. This section provides $74 million incontract authority per year from the High-way Trust Fund.Conference substitute

The Conference does not adopt the Senateprovision, but transfers the $74 million incontract authority to the Federal LandsHighway Program.

Bridge Set Aside for New JerseyHouse bill

The House bill contains no comparable pro-vision.Senate amendment

The Secretary is required to set-aside $20million each fiscal year from the I–4R pro-gram and allocate it to any State that: (1)receives less in the bridge apportionmentfactors used in the Interstate and NationalHighway System program and the SurfaceTransportation Program compared with thefunds a State received under the bridge pro-gram in 1997; and (2) was apportioned at least$125 million in 1997. These funds shall beavailable for highway bridge projects.

States that have transferred more than 10percent of the funds apportioned under thebridge program in 1995 through 1997 to otherFederal-aid transportation projects are noteligible for an allocation from this program.Conference substitute

The Conference does not adopt the Senateprovision.

Bridge Set Aside MissouriHouse bill

The House bill contains no comparable pro-vision.Senate amendment

The Secretary is required to set-aside $15million each fiscal year from the I–4R pro-gram and allocate it to any State whosebridges have an average life of at least 46years as of the date of enactment of this Act.

States that have transferred more than 10percent of the funds apportioned under thebridge program in 1995 through 1997 to otherFederal-aid transportation projects are noteligible for an allocation from this program.Conference substitute

The Conference does not adopt the Senateprovision.

Bridge Set Aside ArkansasHouse bill

The House bill contains no comparable pro-vision.Senate amendment

The Secretary is required to allocate $10million to States that meet specific per cap-ita personal income and Federal-aid High-way apportionment criteria from the I–4Rprogram.Conference substitute

The Conference does not adopt the Senateprovision.

National Highway System ComponentsHouse bill

Subsection 106(c) modifies the NationalHighway System to include intermodal con-nectors on the map submitted to Congress bythe Secretary on May 24, 1996.Senate amendment

Section 1121 establishes the National High-way System (NHS) as those routes and trans-portation facilities depicted on maps submit-ted by the Secretary with the report ‘‘Pull-ing Together: The National Highway Systemand its Connections to Major Terminals.’’Conference substitute

The Conference adopts the Senate provi-sion with minor technical clarifications.

Study: Intermodal Freight ConnectorsHouse bill

Subsection 106(h) directs the Secretary toreport to Congress not later than 24 monthsafter the date of enactment of this Act onthe condition of and the improvements madeto connectors on the National Highway Sys-tem that serve intermodal freight transpor-tation facilities.Senate amendment

The Senate bill contains no comparableprovision.Conference substitute

The Conference adopts the House provisionwith modifications to clarify that the pur-pose of the report is to identify impedimentsto improving intermodal connectors includ-ing impediments related to the planningprocess, availability of funding, and otherissues identified by the Secretary.

National Highway System Sign CompetitionHouse bill

Subsection 106(h) directs the Secretary toconduct a national competition among chil-dren under the age of 14 to design a logo signfor the National Highway System.Senate amendment

The Senate bill contains no comparableprovision.Conference substitute

The Conference does not adopt the Houseprovision.

Safety Belt Extension, NHHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 1124 modifies section 355 of the Na-tional Highway System Designation Act of1995 to permit New Hampshire to meet thesafety belt use law required under section 153of title 49, United States Code, through aperformance requirement. Through the endof fiscal year 2000, New Hampshire is deemedto have met the safety belt use requirementsof section 153 upon certification by the Sec-retary that the State has achieved: (1) a safe-ty belt use rate in each of fiscal years 1997through 2000 of not less than 50 percent; and(2) a safety belt use rate in each succeedingfiscal year thereafter of not less than the na-tional average safety belt use rate.Conference substitute

The Conference adopts the Senate provi-sion with a minor technical amendment.

Study: Uniformed Police OfficersHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 1126 requires the Secretary ofTransportation to conduct a study on the ex-tent and effectiveness of the use by variousStates of uniformed police officers on Fed-eral-aid highway construction projects.Some States use police officers extensivelyon their highway construction projects,while other States are virtually no police of-ficers for work zone traffic control. Workzone safety has been a high priority issue forthe Federal Highway Administration(FHWA), traffic engineering professionals,and highway agencies. This section requiresthe Department of Transportation to submita report to Congress on the results of thestudy not later than 2 years after the effec-tive date of this section.Conference substitute

The Conference adopts the Senate provi-sion with a modification to require that thestudy be conducted in consultation with lawenforcement organizations.

CONGRESSIONAL RECORD — HOUSE H3903May 22, 1998Contracting for Engineering and Design

Services

House bill

Section 140 amends section 112 of title 23clarifies that quality based selection processrequirements for design and engineeringservices and other contracting procedureswill apply unless a State has in the pastadopted alternative procedures to increasecompetition. Requirements must be met forany phase of a project funded in whole or inpart with Federal funds.

Senate amendment

This provision amends section 112(b)(2) oftitle 23 of the United States Code to promotecompetition and provide the greatest valuefor Federal aid system projects. It clarifiesthat the time period for states to have legis-latively enacted alternative requirements toQualifications Based Selection (QBS) Proce-dures for obtaining engineering and designservices has ended. Additionally, it requiresthat the Federal Acquisition Regulations(FAR) be used for consistent and equitablecontract administration, accounting, and au-dits while providing for the use of FAR QBSsimplified acquisition procedures for con-tracts under $100,000. Finally, clarification isprovided that requires the Secretary to es-tablish a certification procedure to ensurethat any legislation enacted by a State sinceNovember 28, 1995 to exercise its option com-plies with the time frames and substantivecriteria contained in Section 307 of PL 104–59.

Conference substitute

The Conference adopts a substitute provi-sion.

Ambassador Bridge, Michigan

House Bill

Subsection 133(a) makes the facilities nec-essary to connect the Ambassador Bridge inDetroit, Michigan to the Interstate Systemeligible to receive funds apportioned underthe National Highway System and the Sur-face Transportation program.

Senate amendment

Section 1129 provides eligibility for theAmbassador Bridge in Detroit, Michiganunder the surface transportation programand the National Highway System program.

Conference substitute

The Conference adopts the Senate provi-sion.

Cuyahoga River Bridge

House bill

Subsection 113(b) makes the CuyahogaRiver in Ohio eligible to receive funds appor-tioned under the congestion mitigation andair quality improvement program.

Senate amendment

The Senate bill contains no comparableprovision.

Conference substitute

The Conference adopts the House bill witha modification. The bridge is eligible to re-ceive funds from the surface transportationprogram.

National Defense Highway

House bill

Section 131 authorizes an amount not toexceed $16 million per year for fiscal years1998 through 2003 from the Interstate Mainte-nance component for the reconstruction of ahighway or portion of highway outside of theUnited States that is important to nationaldefense.

Senate amendment

Section 1131 authorizes an amount not toexceed $16 million per year for fiscal years1998 through 2003 from the Interstate Mainte-

nance component for the reconstruction of ahighway or portion of highway outside of theUnited States that is important to nationaldefense.Conference substitute

The Conference adopts the provision.High Risk Road Safety Improvement

ProgramSenate bill

The Senate bill contains no comparableprovision.House bill

Section 110 creates a new program withinthe Federal-aid highway program to fundconstruction and operational projects thatimprove the safety of high risk roads. Statesare to allocate funds under this program tothose projects that have the highest benefit.Up to fifty percent of funds under this pro-gram can be transferred to other Federal-aidhighway programs.Conference substitute

The Conference does not adopt the Houseprovision.

Road Safety Awareness and ImprovementProgram

House billSubsection 110(c) authorizes a roadway

safety awareness and improvement programfunded from the high risk road safety pro-gram. The activities of the program shouldbe carried out cooperatively between the De-partment of Transportation, States, andother safety organizations.Senate amendment

The Senate bill contains no comparableprovision.Conference Substitute

The Conference does not adopt the Houseprovision.

High Cost Interstate ProgramSenate bill

The Senate bill contains no comparableprovision.House bill

Section 113 establishes a new program tofund major reconstruction or improvementprojects on the Interstate system. In orderto be eligible, a project must cost over $200million or cost more than 50% of a State’sFederal-aid highway apportionments; itmust be ready to go to construction; theState must agree to not transfer funds ap-portioned under the Interstate MaintenanceProgram; and the funds must be obligatedwithin one year. Two thirds of the funds areallocated to the States in the ratio that eachState’s cost of eligible projects bear to thetotal national cost of eligible projects. Forthe years 1998 through 2003, however, thosefunds are to be distributed based on theInterstate Maintenance Program formula.The remainder of the funds are allocated ona discretionary basis. If funds cannot be usedin any given fiscal year, the extra funds areapportioned to all States as Interstate Main-tenance funds. Projects must be includedwithin the planning process. The Secretaryof Transportation is required to report onthe expected future need to reconstruct theInterstate System and to recommend meth-ods for apportioning the funds.Conference Substitute

The Conference does not adopt the Houseprovision.

Infrastructure Awareness ProgramSenate bill

The Senate bill contains no comparableprovision.House bill

Section 132(a) authorizes the Secretary tofund the production of a documentary about

infrastructure to promote infrastructureawareness. A total of $1 million in contractauthority is authorized for each of the fiscalyears 1998 through 2000 from the HighwayTrust Fund, other than the Mass Transit Ac-count.Conference substitute

The Conference adopts the House provisionwith modifications. The substitute statesthat a total of 40 percent of the total projectof $4.8 million will be provided from theHighway Trust Fund and the remaining 60percent is required to be provided by the pri-vate sector. Credit is given for funds receivedto date. The substitute provides a total of $1million for each of the fiscal years 1998 and1999, and $.88 million in 2000 from the High-way Trust Fund, other than the Mass Tran-sit Account.

New York Avenue Authority, DCSenate bill

The Senate bill contains no comparableprovision.House bill

Section 142 establishes a New York AvenueAuthority to develop an improvement planfor the New York Avenue Corridor in theDistrict of Columbia. The authority is eligi-ble to receive funding under the NationalCorridor Planning and Development pro-gram.Conference substitute

The Conference does not adopt the Houseprovision.

Administrative TakedownSenate bill

Section 1201 reduces that administrativesubsection 104(a) of title 23, United StatesCode, which requires the Secretary to deductfunds from certain Federal-aid highway ap-portionments from the current 33⁄4 percent toan amount not to exceed 11⁄2 percent admin-ister the Federal-aid highway program. Thereduction reflects that this Act providesnon-administrative items, such as researchand intelligent transportation system activi-ties that were formerly funded from thetakedown with separate funding elsewhere.This modification in the administrativetakedown will provide a clear distinction be-tween the Department’s administrative ex-penses and its research activities and otherexpenses.House bill

Subsection 104(a) allows the Secretary todeduct from sums authorized to be appor-tioned for expenditures on the Federal-aidhighway program for Administrative ex-penses a sum not to exceed 1 percent of allsums so apportioned for the Federal-aidhighway program.Conference substitute

The Conference adopts the Senate bill.Real Property Acquisition

Senate billSection 1201 amends sections 108 and 323 of

title 23, United States Code, to expand theflexibility provided to State and local gov-ernments to compete for land resources. Itprovides for the advanced acquisition of realproperty not only for highway projects, butfor all transportation improvements undertitle 23. This section removes restrictive lan-guage and outdated programs, revises lan-guage, and adds opportunities for State andlocal governments to utilize early propertyacquisition when necessary, while retainingmaximum flexibility to leverage the use ofFederal funds.

The provision provides an alternativemeans of leveraging Federal funds appor-tioned to each State by providing a creditbased on the value of publicly-owned lands

CONGRESSIONAL RECORD — HOUSEH3904 May 22, 1998incorporated within a federally-fundedproject. This provision is consistent with thecredits already permitted for donated realproperty and services. The provisions addedby this section expand the choices availableto State and local governments in fashioningfinancial strategies to best serve their trans-portation objectives.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion with a modification to clarify that costsof services are not eligible as a credit fornon-federal share.

Payments to States for Construction

Senate bill

Section 1204 amends section 121 of title 23,United States Code to remove a restrictionthat applies the Federal/non-Federal match-ing share requirement to each payment aState receives. The revised section 121 makesthe requirement applicable to total projectcosts rather than to individual voucher pay-ments. The increased flexibility provided bythese changes will result in a simplified pro-gram that is easier for State departments oftransportation to administer. The changesrecognize that the important restriction isthat the total project meets the Federalshare requirement. The changes also makethe Federal-aid highway program more com-patible with other Federal programs, par-ticularly the Federal mass transportationprogram, where projects are often adminis-tered jointly by FHWA and Federal TransitAdministration.House bill

Subsection 134(d) amends title 23 to removea restriction which applies the Federal/non-Federal matching rate to each payment thata State receives. This amendment will makethe Federal-aid highway more like otherFederal programs, including the Transit pro-gram, hence giving the States greater flexi-bility in managing their funds.Conference substitute

The Conference adopts the House provisionwith a modification. This provision is re-tained as separate section as in the Senatebill.

Proceeds from the Sale or Lease of RealProperty

Senate bill

Current section 156 of title 23, UnitedStates Code, requires States to charge fairmarket value for the use of airspace acquiredin connection with a federally fundedproject. Section 1205 expands the require-ment in section 156 to apply to the net in-come generated by a State’s lease, sale, orother use of all real property acquired withFederal financial assistance. The revised sec-tion applies the same standard to all realproperty interests acquired with Federal-aidhighway funds. As in current law, the Sec-retary may grant exceptions for social, envi-ronmental, or economic purposes.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion with the inclusion of clarifying reportlanguage. The purpose of this exception re-tained in this provision is to give the States(with the Secretary’s approval) the flexibil-ity to charge less than fair market value forlands bought with Highway Trust Fund dol-lars if the lands, once sold or leased, wouldbe used for some purpose of public benefitthat would outweigh the general desire to re-

ceive fair market value for the property,such as if the lands would be used as park-land or as a recreation area.

Metric Conversion at the State OptionSenate bill

Section 1206 amends section 205 of the Na-tional Highway System Designation Act of1995 which states that the Secretary shallnot require States to use or plan to use themetric system before September 30, 2000.This provision allows States to choose whenand if to implement the metric system withrespect to designing, advertising, or prepar-ing plans, specifications, timetables, orother documents, for a Federal-aid highwayproject. This section does not require anyState to modify its current use of the metricsystem for Federal-aid highway projects.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Report on ObligationsSenate bill

Section 1207 amends section 104 of title 23,United States Code, to require the Secretaryto submit to Congress an annual, rather thanmonthly, report on States’ obligations forFederal-aid highways, highway safety con-struction programs, and unobligated bal-ances.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Termination of Right-of-Way Revolving FundSenate bill

Subsection 1208(a) terminates the right-of-way revolving fund. The right-of-way revolv-ing fund is revised in section 108(c) of title23, to provide an expiration and closeout pe-riod for obligations already authorized fromthe fund. This program was terminated as arevolving loan fund because of the new rulesrequired of all credit programs in the CreditReform Act of 1990. Credits based on conver-sion or reimbursements are to be applied tothe Highway Trust Fund rather than to therevolving fund. Twenty-three States cur-rently have active right-of-way revolvingfund projects. This section provides for a 20-year close out period from the date thatright-of-way funds were advanced to givethese States sufficient time to completethese unfinished projects.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Termination of Pilot Toll Collection ProgramSenate bill

Subsection 1208(b) terminates a tollingpilot program that has accomplished its in-tended purpose. Pilot toll agreements thatwere executed under subsection 129(k) oftitle 23 are still valid.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Termination of the Bridge CommissionSenate bill

1208(d) repeals the 1962 Bridge CommissionAct. Public Law 87–441 relates to bridge com-

missions and authorities created by Act ofCongress. It provides for Federal approval ofsuch commissions’ memberships and requiresannual audits. A commission ceases to existby transferring ownership of the bridge tothe States. Initially, five bridge commissionswere subject to the act. Today, only onecommission remains, the White CountyBridge Commission, which operates the NewHarmony Bridge across the Wabash River be-tween Indiana and Illinois. While under thisact, the FHWA has the authority to appointcommissioners and review the commission’sfinancial operations, these actions could beadministered more effectively and efficientlyat the State or local level. This provision re-moves this unnecessary Federal oversight ofthe White County Bridge Commission.House bill

Subsection 134(h) repeals a requirementthat the Federal government oversee certainbridge commissions created by Congress inPublic Law 87–441. Such duties would be as-sumed by State and local governments.Conference substitute

The Conference finds the provisions in boththe House and Senate bills to be substan-tially equivalent.

Transfer of Highway Transit FundsSenate bill

Section 122 adds a new subsection to sec-tion 104 of title 23, United States Code, toprovide for the program-wide, rather thanproject-by-project, transfer and administra-tion of transit funds made available for high-way projects and highway funds made avail-able for transit projects. This revision willstreamline the administration of highwayand transit funds by State departments oftransportation.

This provision also requires the Secretaryto administer funds made available undertitle 23 or chapter 53 of title 49 and trans-ferred to Amtrak in accordance with Sub-title V of title 49. Funds made availableunder title 23 or chapter 53 of title 49 andtransferred to other eligible passenger railprojects and activities shall be administeredas the Secretary determines appropriate.The non-Federal share provisions in title 23or chapter 53 of title 49 will continue toapply to the transferred funds.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sions with a modification. Amtrak transfer-ability is not adopted.

Project Approval and OversightSenate bill

Section 1222 amends section 106 of title 23,United States Code, which addresses Federaland State responsibilities for surface trans-portation projects. This section permits theSecretary to discharge to the States withtheir approval the Secretary’s responsibil-ities under title 23 for the design, plans,specifications, estimates, contract awards,and inspection of projects on the NationalHighway System (NHS). Under current law,States voluntarily oversee such activities forprojects carried out with Surface Transpor-tation Program (STP) funds, but not for NHSprojects.House bill

Subsection 501(a) consolidates and codifiesthe current practices used by the Secretaryto approve and oversee Federal-aid highwayprojects and further streamlines that proc-ess. This section requires that for projects onthe NHS (including the Interstate system),the Secretary and each State will enter intoan agreement as to the appropriate level of

CONGRESSIONAL RECORD — HOUSE H3905May 22, 1998Federal oversight. The Secretary may notassume a greater degree of responsibilitythan under current law. For all non-NHSprojects, the States will assume all of theSecretary’s current responsibilities for de-sign, plans, specifications, estimates, theawarding of contracts, and the inspection ofprojects. For projects on the NHS but not onthe Interstate system, then a State shall as-sume all of the Secretary’s current respon-sibilities for design, plans, specifications, es-timates, the awarding of contracts, and theinspection of projects unless the State or theSecretary determines that such assumptionis not appropriate.Conference substitute

The Conference adopts a substitute provi-sion. The substitute requires that the Stateshall assume the Secretary’s responsibilitiesunder this title for design, plans, specifica-tions, estimates, contract awards and inspec-tion of projects unless the States determinesotherwise. In addition, the State may as-sume responsibility for projects on the NHSbut not on the Interstate system unless theState or Secretary determines otherwise.

In any case where States must meet sur-face quality regulations set forth by the Fed-eral Highway Administration, they may lookfor leadership to a private Midwestern engi-neering institute which has served as a Statecertifying contractor for the past elevenyears. The FHWA may work with this insti-tution in carrying out this National certifi-cation program and use the existing exper-tise in the area.

Financial Plan

Senate bill

Section 1222(f) requires the Secretary toprepare a financial plan for any projects withan estimated total cost of $1 billion or more.House bill

Section 504 requires the preparation of a fi-nancial plan for any highway or transitproject costing over $1 billion and that isproposed to be funded with Federal funds.Conference substitute

The Conference adopts the Senate provi-sions with a modification. The provision iscodified in title 23 and title 49.

Standards

Senate bill

Subsection 1222(b) eliminates the require-ment that the Secretary of Transportationissue Interstate maintenance guidelines andadds that safety considerations of a projectmay be met by phase construction.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sions with a modification. The substitutelanguage clarifies that the safety consider-ations are to be consistent with an operativesafety management system or a statewidetransportation improvement program ap-proved by the Secretary.

Repeal of Sections 100 and 117

Senate bill

Section 1222(c) repeals sections 110 and 117.

House bill

Section 501 repeals sections 110 and 117.

Conference substitute

The Conference finds provisions in both theHouse and Senate bills to be substantiallyequivalent.

Surface Transportation Innovative Financing

Senate bill

Subsection 1223(a) codifies the Departmentof Transportation’s current administrative

policy regarding innovative mechanisms ap-plicable to transportation enhancementprojects. It gives States additional flexibil-ity by allowing them to calculate non-Fed-eral share for enhancements projects in sev-eral ways: on a project, multiple project, orprogram basis. A State’s average annualnon-Federal share of transportation en-hancement projects must be at least 20 per-cent; however, because of the new provision,it is feasible for a single project to have a 100percent Federal share.

In addition, this section also reduces thecurrent quarterly, project-by-project Statecertification and notification requirementsto annual, program-wide approval of eachState’s project agreement. The current re-quirement that payments made by the Sec-retary to the States under section 133 couldnot exceed the Federal share of costs in-curred as of the date the State requestedpayments is eliminated.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Surface Transportation ProgramEncouragement of Youth Conservation Corps

Senate billThe Senate bill contains no comparable

provision.House bill

Subsection 108(h) encourages the use ofyouth corps to perform transportation en-hancement projects.Conference substitute

The Conference adopts the House provi-sion.

Surface Transportation Program ApprovalSenate bill

Subsection 1223(b) amends section 133 oftitle 23 to reduce the current quarterly,project-by-project State certification andnotification requirements to annual, pro-gram-wide approval of each State’s projectagreement.House bill

Subsection 108(f) changes the program ap-proval process for the Surface Transpor-tation Program from a quarterly to an an-nual basis.Conference substitute

The Conference finds both the House andSenate provisions substantially equivalent.

PaymentsSenate bill

Subsection 1223(c) eliminates the currentrequirement that payments made by the Sec-retary to the States under section 133 of title23, U.S.C. not exceed the Federal share ofcosts incurred as of the date the State re-quested payment. This simply reflects theDepartment of Transportation’s current ad-ministrative policy regarding innovative fi-nancing mechanisms applicable to transpor-tation enhancement projects. Innovative fi-nancing techniques will give States addi-tional flexibility by allowing them to cal-culate the non-Federal share for enhance-ments projects on either a project, multipleproject, or program basis. A State’s averageannual non-Federal share of transportationenhancement projects must be at least 20percent. A single project, however, may havea 100 percent Federal share, but each State’sannual enhancements programs must complywith the 20 percent non-Federal match re-quirement.House bill

The House bill contains no comparable pro-vision.

Conference substituteThe Conference adopts the Senate provi-

sion.Design Build Contracting

Senate billSection 1224 provides authority, after two

years of enactment of this Act, for Statetransportation departments to use the de-sign-build approach for construction of eligi-ble title 23 project segments. Design-build isan innovative method of highway contract-ing that is not allowed under current law. Itdiffers from traditional contracting in thatit combines, rather than separates, respon-sibility for the design and constructionphases of a highway project. This section al-lows States to use their State design-buildcontracting procedures in statute or proce-dures authorized under section 303M of theFederal Property and Administrative Serv-ices Act of 1949.

The benefits of the design-build approachinclude greater accountability for qualityand costs, less time spent coordinating de-signer and builder activities, firmer knowl-edge of project costs, and a reduced burdenin administering contracts. Design-build isparticularly advantageous for acceleratingproject delivery. For example, a study of 11design-build projects in Florida found thatthis innovative contracting method producedsignificant improvements in project perform-ance as compared to non-design-buildprojects. The average design-build construc-tion time was 21.1 percent shorter than theaverage for non-design-build projects. In ad-dition, actual design-build procurementtimes were 54 percent less than the normaldesign procurement time allocated forprojects using traditional contracting meth-ods. The design-build projects also produceda 4.7 percent reduction in after-bid changesto the contract.

Despite the potential advantages of design-build, it may not be an appropriate methodfor carrying out every highway project.Therefore, this section provides minimumcost requirements for potential design-buildprojects. To qualify for the award of a de-sign-build contract, the cost of each usablesegment of a highway project must be atleast $50,000,000. In the case of an IntelligentTransportation Systems project, the totalcost of the project must exceed $10,000,000.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion with modifications. It allows States touse any design-build selection procedures de-termined appropriate by the Secretary andrequires the Secretary to submit a report toCongress within 5 years after enactment ofthis Act. This report will analyze the effec-tiveness of design-build contracting proce-dures.

Use of Consultants (Selection Process)Senate bill

Section 1225(c) allows a State to procureconsultant services under a single contractfor preparation of both the environmentalanalysis and subsequent engineering and de-sign services if the State has conducted anindependent multi-disciplined review of theobjectivity of the analysis.House bill

Section 104(b) allows a State to procureconsultant services under one contract forthe preparation of any environmental analy-sis as well for subsequent engineering anddesign services if the State has conducted areview of the objectivity of the analysis.Conference substitute

The Conference adopts the House provi-sion.

CONGRESSIONAL RECORD — HOUSEH3906 May 22, 1998Eligibility of Ferry Boats

Senate billSection 1232 clarifies that the construction

of ferry boats and ferry terminal facilitiesare eligible uses of National Highway Sys-tem (NHS), Surface Transportation Program(STP), and Congestion Mitigation and AirQuality Improvement program (CMAQ)funds. This simply clarifies how the programis currently administered and does notamend or weaken any of the underlying eli-gibility requirements of the NHS, STP, orCMAQ programs.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference does not adopt the Senateprovision.Eligibility of Projects on the National Highway

SystemSenate bill

Section 1234 amends section 103 of title 23,United States Code, to include publiclyowned intracity or intercity passenger railcapital projects, including Amtrak, as an eli-gible activity for National Highway System(NHS) program funds under the same criteriathat apply currently to transit and non-NHShighway projects. NHS funding eligibility isamended also to include natural habitat en-hancement and encourage the use of ap-proved private-sector mitigation banks forwetlands lost through highway construction.Preference is given, to the extent prac-ticable, to banks if they are in accordancewith federal guidelines on mitigation bank-ing and are within the service of the im-pacted wetland.

This section also adds the following newitems to the list of projects eligible for NHSfunding: (1) publicly owned intracity orintercity passenger rail or bus terminals, in-cluding those owned by Amtrak; (2) publiclyowned intermodal surface freight transfer fa-cilities, other than seaports and airports lo-cated at, or adjacent to, the NHS or connec-tions to the NHS; (3) infrastructure-based In-telligent Transportation Systems capital im-provements; and (4) publicly owned compo-nents of magnetic levitation (MAGLEV) sys-tems.

This section also adds to the list of eligibleNHS projects a paragraph applicable only toprojects on the Virgin Islands, Guam, Amer-ican Samoa, and the Commonwealth of theNorthern Mariana Islands, permitting theseterritories to use their NHS apportionmentsfor any STP-eligible project, any airport,and any seaport.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion with a modification. The substitute doesnot include eligibility for intracity andintercity passenger rail under this program.

Minor CollectorsSenate bill

The Senate bill contains no comparableprovision.House bill

Subsection 108(e) allows up to 15 percent ofsurface transportation program funds appor-tioned for areas of less than 5,000 in popu-lation to be used on minor collectors.Conference substitute

The Conference adopts the House provisionwith modifications.

Design FlexibilitySenate bill

Section 1236 clarifies section 109 of title 23regarding the Secretary’s responsibilities re-

garding planned future traffic needs and theSecretary’s responsibilities in reviewingState plans for proposed highway projects.This modification eliminates the require-ment that the Secretary ensure that a Stateplan for a highway project must accompanyfuture traffic demands. The revised sectiononly requires that the Secretary ensure thatfuture traffic needs were considered.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference does not adopt the Senateprovision.

State Infrastructure Banks

Senate bill

Section 1301 codifies the State Infrastruc-ture Bank (SIB) Pilot Program authorized inthe NHS Designation Act of 1995. This sec-tion includes modifications to increase theflexibility of the SIB program. The current10-State limit on the number of participantsin the SIB program is eliminated, thus ena-bling any State to establish a State Infra-structure Bank. The percentage limitationregarding funds a State can transfer to useState infrastructure banks is eliminated.The 10-state limit unnecessarily restrictedStates from pursuing this financial mecha-nism and the percentage limitation unneces-sarily limits States’ use of this mechanism.The need to maintain separate highway andtransit accounts also imposed an accountingburden on States that was inconsistent withfinancial flexibility desired in a financingentity such as a State Infrastructure Bank.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts a substitute provi-sion. The conference adopts a four Statepilot program. The participating States areMissouri, California, Florida, and Rhode Is-land.

Transportation Infrastructure Finance andInnovation Act

Senate bill

Subtitle C, Chapter 2 establishes a Federalcredit assistance program for major surfacetransportation projects under the Transpor-tation Infrastructure Finance and Innova-tion Act of 1998 (TIFIA).House bill

The House bill contains no comparable pro-vision.Conference agreement

The conference adopts the Senate provi-sion, with certain modifications. The TIFIAprogram is designed to assist major surfacetransportation projects with their own reve-nue streams, which can attract substantialprivate capital with a limited Federal in-vestment. This program offers the sponsorsof large transportation projects a new tool toleverage limited Federal resources, stimu-late additional investment in our Nation’sinfrastructure, and encourage greater pri-vate sector participation in meeting ourtransportation needs.

Eligible projects for TIFIA assistance in-clude any projects eligible under title 23(highway and transit capital projects) aswell as international bridges and tunnels,inter-city passenger bus and rail facilitiesand vehicles (including Amtrak and mag-netic levitation systems), and publicly-owned intermodal freight facilities. Exam-ples of the types of projects which may bene-fit from this program are the Woodrow Wil-son Bridge, the Farley/Pennsylvania Stationproject in New York City and the State of

Florida’s proposed high-speed rail project be-tween Miami, Orlando and Tampa. Projectsponsors may be governmental units, privateentities, or public-private partnerships. TheConferees wish to reiterate language con-cerning the Florida high-speed rail project inthe Senate committee report section onTIFIA. This project represents an effort bythe State of Florida to bring a new tech-nology to the United States by using an in-novative public-private partnership thatdoes not rely on Federal grant support. TheState of Florida’s request for a Federal loanequal to 1⁄3 of project costs should receive fa-vorable consideration from the Departmentof Transportation, provided it meets pro-gram criteria.

To be eligible for credit assistance, aproject must meet certain threshold criteria.It must cost at least $100 million or 50 per-cent of a State’s annual apportionment ofFederal-aid funds, whichever is less. (For in-telligent transportation system projects, theminimum cost is $30 million, due to the sub-stantial capacity enhancements attainablewith but a limited investment.) The projectalso must have the potential to be self-sup-porting from user charges or other non-Fed-eral dedicated funding sources, be on aState’s transportation plan and, at the timeof funding, be on a fiscally-constrained Statetransportation improvement program. Anapplication for credit assistance may be sub-mitted by a State or local government orother entity. The Secretary will selectamong potential candidates based on variouscriteria, including the project’s regional ornational significance, its potential economicbenefits, its credit-worthiness, the degree ofprivate sector participation, and other fac-tors.

Forms of assistance that can be providedunder this program consist of direct loans,loan guarantees, and lines of credit. In allcases the Federal role will be that of a mi-nority investor, with Federal participationlimited to not more than 33 percent of totalproject costs. The Secretary is authorized toenter into agreements with project sponsorscontaining terms and conditions designed toassist the projects in leveraging additionalfunds, while ensuring that the program oper-ates in a fiscally-prudent manner. The Statein which a project is located may identify aState or local government entity to assistthe Secretary in servicing the Federal creditinstrument.

The Secretary may provide credit assist-ance to demonstrate to the capital marketsthe viability of making transportation infra-structure investments where returns dependon residual project cash flows after servicingsenior municipal revenue bonds or other cap-ital markets debt. An objective of the pro-gram is to help the financial markets de-velop the capability ultimately to supplantthe role of the Federal government in help-ing finance the costs of large projects of na-tional significance. That is why loan guaran-tees are limited to major institutional lend-ers, such as defined benefit pension funds,which may be potential providers in the fu-ture of supplemental and subordinate capitalfor projects. The Conference would like theSecretary to encourage Federal borrowers toprepay their direct loans or guaranteed loansas soon as practicable from excess revenuesor the proceeds of municipal or other capitalmarket debt obligations. The Secretary alsomay sell off direct loans to third parties orinto the capital markets, if such trans-actions can be arranged upon favorableterms.

The Conference recognizes that the Con-gress enacted the Deficit Reduction Act of1984 provision prohibiting the combination ofFederal guarantees with tax-exempt debt,because of concerns that such a double-sub-sidy could result in the creation of a ‘‘AAA’’

CONGRESSIONAL RECORD — HOUSE H3907May 22, 1998rated security superior to U.S. Treasury ob-ligations. Accordingly, any project loanbacked by a loan guarantee as provided inTIFIA must be issued on a taxable basis.

The Conference wants to ensure thatprojects receiving TIFIA assistance are fi-nancially-sound. Each project, at the time ofits application for assistance, is required tofurnish a preliminary rating opinion letterfrom one of the bond rating agencies identi-fied by the Securities and Exchange Commis-sion as a ‘‘Nationally Recognized StatisticalRating Organization,’’ indicating that theproject’s senior debt obligations have the po-tential to achieve an investment-grade bondrating. The Secretary shall consult with theOffice of Management and Budget, each rat-ing agency providing such an opinion letter,and any other financial experts the Sec-retary deems necessary, in order to deter-mine the credit instrument’s appropriatesubsidy cost (capital reserve) pursuant to theFederal Credit Reform Act of 1990. Until suchtime as a formal investment-grade rating isassigned, the Secretary shall not extendcredit in an amount exceeding the estimatedsubsidy cost. The Conference believes thatanalytical techniques that are widely-ac-cepted by the capital markets, such as thoseused by the rating agencies to evaluate thefinancial stability of municipal bond insur-ance companies, should be drawn upon to es-timate the appropriate subsidy cost.

TIFIA expressly requires that projects ad-here to Title VI of the Civil Rights Act, theNational Environmental Policy Act, and theUniform Relocation Assistance and RealProperty Acquisition Policies Act. the Con-ference also recognizes that highway andtransit capital projects assisted under TIFIAwill retain adequate protections for labor interms of prevailing wages, as required undertitle 23 provisions.

The bill provides $530 million of contractauthority, funded from the Highway TrustFund, to fund the budgetary or subsidy costsof the Federal credit instruments betweenfiscal years 1999–2003: $80 million in fiscalyear 1999; $90 million in fiscal year 2000; $110million in fiscal year 2001; $120 million in fis-cal year 2002; and $130 million in fiscal year2003. (As with other Federal credit programs,the non-budgetary or financing costs of theFederal credit instruments will be fundedfrom the General Fund.). The bill caps thenominal amount of credit instruments sup-ported by this contract authority at $1.2 bil-lion for each of fiscal years 1998 and 1999; $1.8billion for fiscal years 2000 and 2001; and $2.0billion for fiscal years 2002 and 2003.

The Conferees are aware that present Fed-eral income tax law prohibits the use of di-rect or indirect Federal guarantees in com-bination with tax-exempt debt (section 149(b)of the Internal Revenue Code of 1986. TheTIFIA provisions of the conference agree-ment do not override or otherwise modifythis provision of the Code.

The Conference finds that developing, im-plementing, and evaluating financial assist-ance programs such as TIFIA is a crucialmission of the Department of Transpor-tation. To ensure the financial and pro-grammatic success of TIFIA, the conferencestrongly encourages the Secretary to estab-lish an organizational structure within theDepartment in which financial assistance ac-tivities and programs can be closely coordi-nated and monitored.

In order to evaluate the effectiveness ofthis program, the Secretary is required tosubmit a report to Congress within fouryears of the date of enactment of this bill.The report should summarize the program’sfinancial performance to date, and rec-ommend whether the objectives of the pro-gram would be best met by continuing theprogram under the authority of the Sec-

retary, establishing a Government corpora-tion of Government-sponsored enterprise toadminister the program, or by relying uponthe capital markets to fund projects of re-gional and national significance withoutFederal participation.

Operation Lifesaver

Senate bill

Section 1401 continues funding for the Op-eration Lifesaver program and requires atotal of $500,000 for each of fiscal years 1998through 2003 to be set-aside by the Secretaryfrom surface transportation program funds.The funds shall be used for public educationprograms designed to reduce the number ofaccidents, deaths and injuries at highway-rail intersections and within railroad rights-of-way.

House bill

Section 104(c) extends authority for fund-ing for Operation Lifesaver.

Conference substitute

The Conference finds both the House andSenate provision to be substantially equiva-lent.

Railway-Highway Crossings

Senate bill

Section 1403 amends section 130 of title 23United States Code, and expands the eligi-bility of railway-highway funds to includetrespassing countermeasures in the vicinityof the crossing, safety education, enforce-ment of traffic laws and publicly sponsoredprojects at privately owned railway-highwaycrossings. States are required to report tothe Department on completed crossingprojects funded under this subsection for in-clusion in the DOT/American Association ofRailroads National Grade Crossing Inven-tory.

This section eliminates the requirementthat half the funds authorized under section130 be available for installation of protectivedevices at railway-highway crossings. Theseactivities, however, remain eligible for fund-ing under this section.

House bill

The House bill contains no comparable pro-vision.

Conference substitute

The Conference does not adopt the Senateprovision.

Hazard Elimination Program

Senate bill

Section 1404 expands the eligibility of thecurrent hazard elimination program to in-clude a full range of safety improvements forbicyclists and pedestrians, includingmultimodal and community safety pro-grams, and spot improvement programs forrapid-response of low costs hazards, such aspotholes, roadway and trail debris, and un-safe drainage gates is eligible for fundingunder this program. This section also makestraffic calming measures eligible for hazardelimination funds. The prohibition on Statesusing hazard elimination funds to correcthazards on routes on the Interstate system iseliminated. This section also revises the ref-erence to ‘‘highway safety improvementproject’’ in subsection 152(b) to read ‘‘safetyimprovement project’’ to reflect themultimodal focus of the hazard eliminationprogram.

House bill

Section 138 requires that hazards tobicyclists are included in the hazardous loca-tions inventory.

Conference substitute

The Conference adopts the Senate provi-sion with modifications. It clarifies that tobe eligible under this section, a project must

be related to a public surface transportationfacility. The Conference substitute does notallow public transportation vehicles to be el-igible for these funds, nor does it allow theSecretary to determine additional appro-priate projects. In carrying out this section,States should minimize any negative impacton safety and access for bicyclists and pedes-trians in accordance with section 217.

Specialized HaulingSenate bill

The Senate bill contains no comparableprovisions.House bill

Subsection 134(j) requires a study of theimpact of truck weight standards on special-ized hauling vehicles.Conference substitute

The Conference adopts the House provisionwith a modification to require the study in-clude, but not be limited to, an analysis ofthe economic, safety, and infrastructure im-pacts of truck weight standards.

Access for MotorcyclesSenate bill

The Senate bill contains no comparableprovision.House bill

Section 135 specifies that State or localgovernments may not restrict access of mo-torcycles to any highway facility for whichFederal-aid funds were used.Conference substitute

The Conference adopts the House provisionwith modifications to clarify that this provi-sion only applies to Federally-assisted high-ways open to traffic and will not override oraffect the applicability of any local jurisdic-tion’s safety laws.

232 Metropolitan PlanningSenate bill

Section 1601 retains the current structureand most of the metropolitan planning provi-sions found in section 134 of title 23. It re-tains the current project selection processset forth in ISTEA.

This section makes the following sub-stantive changes to current law. First, thissection streamlines the 16 metropolitanplanning factors found in current law intoseven issues to be considered in the planningprocess. Second, it gives States flexibility tomove projects within a 3-year Transpor-tation Improvement Program without FHWAapproval if the Governor and metropolitanplanning organization agree. Third, it elimi-nates the requirement that transportationimprovement programs identify the sourceof funds for individual projects by Federalfunding category. Fourth, this section addsfreight shippers to the list of stakeholders tobe given opportunities to comment on plansand transportation improvement programs(TIPs). Finally, it provides that, for urban-ized areas designated after the enactment ofthis Act, metropolitan area boundaries shallcover at least the urbanized area and thearea expected to become urbanized withinthe 20-year forecast period and shall requirethe agreement of the Governor and MPO.Such boundaries are not required to includethe entire ozone or carbon monoxide non-attainment areas, as identified under theClean Air Act.House bill

Section 124 amends section 134 of title 23by setting seven general goals and objectivesthat may be considered in the planning proc-ess. They include: supporting economic vi-tality; increasing safety and security; in-creasing accessibility and mobility; protect-ing the environment; integrating the trans-portation system; promoting efficiency; and

CONGRESSIONAL RECORD — HOUSEH3908 May 22, 1998preserving existing facilities. These replacethe existing list of nineteen planning factors.The language also includes fostering eco-nomic growth and development to the list ofreasons that is in the national interest.

The section makes a number of technicalchanges to section 134(g) regarding longrange plans. It also allows metropolitanplanning organizations to include projectsthat would be funded if additional resourceswere available. The inclusion of suchprojects is for illustrative purposes only. Thebill requires that a TIP be updated at leastevery three years. It also allows the metro-politan planning organizations to includeprojects that they would advance if addi-tional resources were available.

Conference substitute

The Conference substitute adopts a com-bination of both the Senate and House provi-sions. The substitute retains the basic cur-rent metropolitan planning structure andprocesses. As included in both bills, the 16planning factors are streamlined to sevengeneral factors to be considered in the plan-ning process. In considering the relationshipbetween transportation and quality of life,metropolitan planning organizations are en-couraged to consider the interaction betweentransportation decisions and local land usedecisions appropriate to each area. The lan-guage clarifies that the failure to considerany specific factor in formulating plans,projects, programs, strategies and certifi-cation of planning processes is not review-able in court. The Conference substitute alsoadopts the House provision including eco-nomic growth and development as a generalrequirement in metropolitan planning.

As included in both bills, freight shippersand providers of freight transportation serv-ices are included on the list of persons to begiven opportunities to comment on metro-politan long-range plans and programs(TIPs) along with the addition of representa-tives of users of public transit. The Con-ference substitute also adopts the House pro-vision allowing MPOs to include an illus-trative list of projects that would be in-cluded on the TIP if additional resourceswere available. The illustrative list does notaffect the fiscal constraint requirement ofthe TIP.

The Conference substitute clarifies thatthe expansion or designation of existing ornew metropolitan planning organizationboundaries due to the imposition of any newair quality standards will not automaticallyoccur and such boundaries will be deter-mined by agreement of the governor and theaffected local governments.

Statewide Planning

Senate bill

Section 1602 retains the current structureand most of the statewide planning provi-sions found in section 135 of title 23. It re-tains the current project selection processset forth in ISTEA. This section makes thefollowing substantive changes to currentlaw. First, it streamlines the 20 statewideplanning factors found in current law intoseven broader issues to be considered in theplanning process. Second, it gives Statesflexibility to move projects within a 3-yearTransportation Improvement Program (TIP)without FHWA approval or action if the Gov-ernor and metropolitan planning organiza-tion agree. Third, it eliminates the require-ment that transportation improvement pro-grams must identify the source of funds forindividual projects by Federal funding cat-egory. Finally, this section adds freight ship-pers to the list of stakeholders to be givenopportunities to comment on plans andstatewide transportation improvement pro-grams (STIPs).

House billSection 125 amends section 135 of title 23

by setting the scope of the planning process.States, to the extent they determine appro-priate, may consider goals and objectives inthe planning process, including supportingeconomic vitality, increasing safety and se-curity, increasing accessibility and mobility,protecting the environment, integrating thetransportation system, promoting efficiency,and preserving existing facilities. These con-siderations replace the existing planning fac-tors.

Freight shippers and freight providers areadded to the list of groups that shall be al-lowed a reasonable opportunity to commenton the proposed long-range plan and on theproposed State transportation improvementplan. It requires that in rural areas, thetransportation program be developed by theState in cooperation with local elected offi-cials. It also allows the State to includeprojects that it would fund if additional re-sources were available. Projects undertakenpursuant to the high risk road safety pro-gram are added to the list of projects thatmust be selected by the State in consulta-tion with affected local officials.

This section also includes a provision tostudy the effectiveness of local planning.Conference substitute

The Conference substitute adopts a com-bination of both the Senate and House provi-sions. The substitute retains the basic state-wide planning structure and processes. As in-cluded in both bills the 20 planning factorsare streamlined to seven general factors tobe considered in the state planning process.The language clarifies that the failure toconsider any specific factor in formulatingplans, projects, programs, strategies and cer-tification of planning processes is not re-viewable in court.

As included in both bills, freight shippersand providers of freight transportation serv-ices are included on the list of persons to begiven opportunities to comment on state-wide long-range plans and programs (TIPs),along with the addition of representatives ofusers of public transit. The Conference sub-stitute also adopts the House provision al-lowing States to include an illustrative listof projects that would be included in the TIPif additional resources were available. The il-lustrative list does not affect the fiscal con-straint requirements of the TIP.

The Conference substitute adopts the Sen-ate provision, allowing States flexibility tomove projects within a three-year transpor-tation improvement program without sepa-rate approval or action by the Federal High-way Administration if the MPO concurs. Thesubstitute also includes a provision requiringStates to consult with local officials with re-sponsibility for transportation when formu-lating plans and programs.

Technical Correction Federal Aid/NationalHighway System

Senate bill

Subsection 1701(a) amends section 103 oftitle 23, United States Code, to reflect thatthe National Highway System (NHS) hasbeen designated by Congress. It consolidatesseveral sections of title 23 regarding Inter-state system designations and the processfor adding segments to the Interstate. Thissection addresses interstate constructionfunds and unobligated balances of Interstatesubstitute funds, as these programs nolonger exist.

The NHS consists of an interconnected sys-tem of principal arterial routes that servemajor population center sand intermodaltransportation facilities. Its components in-clude the Interstate System and other urbanand rural principal aerials and highways (in-

cluding toll facilities) that provide motor ve-hicle access between major population cen-ters, border crossings, intermodal transpor-tation facilities, and routes important to de-fense within the United States. The mileageof the NHS is limited to 178,250 miles. Thismileage is equal to the base amount of155,000 miles, established in current law, plusthe 15 percent increase permitted under cur-rent law. The Secretary may make modifica-tions to the NHS routes proposed by a Stateif the Secretary determines that the modi-fication meets the same criteria establishedunder current law. Modification proposalsmust be coordinated among the State, localand regional officials.

An Interstate System route is to be se-lected by joint action of the State transpor-tation agencies of the State in which theroute is located and the adjoining States incooperation with local and regional officials,and subject to the approval of the Secretary.The mileage of the Interstate System is lim-ited to 43,000, an increase from the 41,000mile limit under current law.House bill

Subsection 106(a) strikes existing provisionfor the interim eligibility and approval ofthe National Highway System.Conference substitute

The Conference adopts the Senate provi-sion.

Corridor 10 Modification for West VirginiaSenate bill

The Senate bill contains no comparableprovision.House bill

Subsection 106(J) designates certain por-tions of Route 10 in West Virginia as part ofthe National Highway System.Conference substitute

The Conference does not adopt the Houseprovision.

NondiscriminationSenate bill

Section 1703 amends section 324 of title 23,U.S.C. by moving the provision on discrimi-nation on the basis of sex to section 140 assubsection (d). Under current law, both ofthese sections address discrimination.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

State Transportation DepartmentSenate bill

Section 1704 makes technical correctionsto section 302 of title 23, United States Code.It changes the term ‘‘state highway depart-ment’’ to ‘‘state transportation department’’to emphasize and reflect the intermodalfocus of these departments. It eliminates therequirement for a secondary road unit asthere is no longer a secondary system andsecondary plans have been eliminated. Italso establishes that compliance with sec-tion 302, as revised by this section shall haveno effect on the eligibility of costs. This sub-section eliminates 302(b) regarding the con-struction of projects on the secondary sys-tem.House bill

Section 134(g) amends title 23 to clarifythat section 302 does not limit reimburse-ment of eligible indirect costs to State andlocal governments. This will make the Fed-eral-aid Highway program consistent withother Federal programs, reducing an admin-istrative burden caused by requiring Statesto develop separate accounting systems.

CONGRESSIONAL RECORD — HOUSE H3909May 22, 1998Conference substitute

The Conference adopts the Senate provi-sion.

Signing SurveySenate bill

The Senate bill contains no comparableprovision.House bill

Subsection 133(h) requires the Secretary toconduct a study to determine the practicesin the States for specific service food signs.Conference substitute

The Conference adopts the House provisionwith modifications. The substitute provideslanguage to clarify that recommendationsfor modifications to the Manual on UniformTraffic Control Devices for Streets and High-ways that result from this study should bemade only if appropriate.

Amendments to Title 23 (De-icing)Senate bill

Section 1806 make anti-icing and de-icingcompositions that are agriculturally derived,environmentally acceptable, and minimallycorrosive eligible for use on bridges underthe surface transportation program and onInterstate and National Highway Systembridges.House bill

Subsections 107(d) and 108(b) makes certainanti-icing and de-icing compositions used onbridges eligible under the bridge programand under the surface transportation pro-gram.Conference substitute

The Conference adopts the House provisionwith modifications. The substitute deletesthe reference to agriculturally-derived com-positions, but environmentally acceptablecompositions in general are acceptable. Inaddition, it ensures, that all bridges are ableto use these anti-icing and de-icing compo-nents.

Penn Station Board, NYSenate bill

Section 1810 allows the Secretary of Trans-portation, the Federal Railroad Adminis-trator and their designees to serve as ex-offi-cio members of the Board of Directors of thePennsylvania Station Redevelopment Cor-poration.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Union Station Board DCSenate bill

This provision allows the Secretary ofTransportation, the Federal Railroad Admin-istrator and their designees to serve as ex-officio members of the Board of Directors ofthe Union Station Redevelopment Corpora-tion.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Study Southwest Border Infrastructure

Senate bill

Section 1813 requires the Secretary to con-duct a comprehensive assessment of thestate of transportation infrastructure on thesouthwest border between the United Statesand Mexico. The Secretary is required tosubmit the report to Congress one year afterthe date of enactment of this Act.

House billThe House bill contains no comparable pro-

vision.Conference substitute

The Conference adopts the Senate provi-sion with a modification to ensure that theassessment of the adequacy of law enforce-ment and narcotics abatement activities in-clude their relationship to infrastructure inthe border area.

Report on Utilization PotentialSenate bill

Section 1817 requires the Secretary to con-duct a study of ferry transportation in theUnited States, including the territories, toidentify existing ferry operations and de-velop information on the ferry routes. TheSecretary is to submit the report to Con-gress within one year of enactment of thisAct.House bill

Section 121(b) requires the Secretary toconduct a study of ferry transportation inthe United States, including the territories,to identify existing ferry operations and toidentify potential domestic ferry routes. Theprovision requires the report to be submittedto Congress.Conference substitute

The Conference adopts the House provisionwith modifications. The substitute adds lan-guage to ensure the report includes identi-fication of funding sources for ferry con-struction, and the potential for high speedand alternative-fueled ferry services. It alsostates that the report be submitted to theCommittee on the Environment and PublicWorks of the United States Senate, ratherthan the Commerce, Science and Transpor-tation Committee.

Life Cycle Cost AnalysisSenate bill

The Senate bill contains no comparableprovision.House bill

Section 139(a) requires life cycle costsanalysis on every project under title 23 andrequires the analysis to conform with theExecutive Order on Infrastructure Invest-ment.Conference substitute

The Conference adopts the House provisionwith modifications. Subsection (a) elimi-nates the mandate that States conduct life-cycle costing procedures on each usableproject segment of $5 million or more on theNational Highway System. The Secretary ofTransportation shall develop a set of proce-dures to be issued as recommendations tothe States for conducting analyses of thelife-cycle costs for projects on the NationalHighway System. In making a recommenda-tion, the Secretary shall consult withAASHTO and include the principles identi-fied in Executive Order 12893.

Life-cycle cost analysis is a process to re-duce costs and improve quality and perform-ance. In order to achieve these goals, theSecretary’s recommendations shall suggest auniform analysis period and uniform dis-count rates as established in OMB CircularA–94 for all Federal-aid National HighwaySystem projects. The recommendation shallincorporate factors such as a documented,vigorous maintenance schedule user costs,and the life of the project. The States are en-couraged to use the recommendations to themaximum extent possible on National High-way System projects.

Roadside Safety TechnologiesSenate bill

Section 3107 requires the Secretary to issueguidance regarding the benefits and safety

performance of redirective andnonredirective crash cushions. States are touse this guidance in evaluating the safetyand cost-effectiveness of using differentcrash cushion designs or other safety appur-tenances.Houser bill

Subsection 126(a) requires the issuance ofguidance to the States on the proper uses ofvarious types of crash cushions. The Statesshall use such guidance to evaluate the useof such devices.Conference substitute

The Conference adopts the House provisionwith a modification to extend the reportdeadline to 18 months after enactment, rath-er than one year.Traffic Flow and Roadside Safety Applications

of Road BarriersSenate bill

The Senate bill contains no comparableprovision.House bill

Subsection 126(b) requires the Secretary toconduct a study on the use of moveable bar-rier technologies. The provision requires theSecretary to submit a report to Congress nolater than one year after enactment of thisAct, and to provide the report to States fortheir use on appropriate projects on Federal-aid Highways.Conference substitute

The Conference adopts the House provi-sions with modifications. The substitute pro-vides language clarifying the States can usethe results of the study at their discretion.In addition, the deadline for the report is ex-tended to 18 months rather than 1 year afterdate of enactment.

Study: Vehicle Weight EnforcementSenate bill

The Senate bill contains no comparableprovision.House bill

Section 412 directs the Secretary to con-duct a study on the effectiveness and deter-rent value of State laws and regulations per-taining to penalties for violations of com-mercial motor vehicle weight laws. The Sec-retary shall issue a report to Congress notlater than two years after enactment.Conference substitute

The Conference adopts the House provi-sion.

Worker SafetyWorkers engage in repair, demolition, and

maintenance of existing highways, highwaystructures, and other construction projectsfrequently are exposed to hazardous mate-rials including lead and asbestos. It is wellestablished that even though safeguards toprotect workers are supposed to be place, fre-quently they are not adequately followed.

In 1992, NIOSH conducted a study of con-tamination of workers’ homes with hazard-ous chemicals and substances transportedfrom the workplace, the study found thatsuch incidents have resulted in a wide rangeof health effects and death among workers’families exposed to toxic substances and in-fectious agents.

Seven Federal statutes provide Federalagencies with some mechanisms for respond-ing to or preventing workers’ home contami-nation. Twenty rules or standards in theCode of Federal Regulations, including regu-lations promulgated by the EnvironmentalProtection Agency and OSHA, address work-ers’ home contamination or have elementsthat serve to protect worker’s families.

Contamination of workers’ homes by haz-ardous substances transported from theworkplace must be minimized. To accom-plish this, it is essential that all workers are

CONGRESSIONAL RECORD — HOUSEH3910 May 22, 1998equipped with suitable protective, reusableclothing, and that such clothing is eitherdisposed of properly or laundered in certifiedlaundry facilities that assure that contami-nation found in the clothing do not result inexposure in the home, exposure to workershandling the clothing, or become environ-mental pollutants.

Adequate safeguards and facilities existand the Federal government through en-forcement of current Federal regulationsshould make a greater effort to assure thatthese safeguards are followed. It is economi-cally beneficial, safe for workers and theirfamilies, and environmentally sound to re-quired recyclable or reusable work clotheswhen engaged in workplace activities in-volved exposure to hazardous substances.Only licensed laundry facilities, in compli-ance with Federal standards, should be uti-lized for the laundering of such clothing.

Uniform TransferabilityHouser bill

Section 505 creates a new uniform transfer-ability of Federal-aid highway funds in sec-tion 110 in title 23. The provision applies toany highway program or set-aside within aprogram which does not allow at least 50 per-cent of the apportioned or set-aside funds tobe transferred to another category. The pro-vision allows any State to transfer up to 50percent of any funds apportioned to it, aswell as any funds within that apportionmentthat have special requirements or constitutea set aside, to any other category of funds.

The section also sets rules for the transfer-ability of certain funds set-aside within theSurface Transportation Program. For fundsset-aside for the hazard mitigation and rail-highway grade crossing programs, a Statemay not transfer a mandatory minimumlevel. For funds set-aside for transportationenhancements, up to 50 percent of the fundsabove the level received by a State in FiscalYear 1996 are available to be transferred. Forfunds apportioned for the Congestion Mitiga-tion and Air Quality program, States maytransfer up to 50 percent of the increase overits Fiscal Year 1997 apportionment.Senate amendment

The Senate bill contains no comparableprovision.Conference substitute

The Conference does not adopt the Houseprovision.

Midcourse CorrectionHouse bill

Section 508 directs the Secretary to with-hold certain funds for fiscal 2001 until Au-gust 1, 2001 unless Congress enacts a lawmaking midcourse corrections to the high-way and transit programs. At a minimum,the midcourse correction must include afunding distribution for the high cost inter-state program, approve a system of perform-ance bonuses, approve an Appalachian devel-opment highway system program, and ap-prove projects within the transit capital pro-gram.Senate amendment

The Senate bill contains no comparableprovision.Conference substitute

The Conference does not adopt the Houseprovision.

Flexibility of Safety ProgramsHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 1233 gives additional flexibility tosafety set-aside requirements. This provisionrequires each State to set aside 2 percent of

its Surface Transportation Program (STP)apportionment for railway-highway cross-ings; 2 percent of its STP funds for hazardelimination activities; and 6 percent of itsSTP funds for railway-highway crossings orhazard elimination activities.

Additional discretion is given to eachState to transfer up to 100 percent of its 6percent STP safety set-aside funds to its sec-tion 402 safety program or to its Motor Car-rier Safety program allocation. The require-ment that half the funds authorized and ex-pended under section 130 be available for in-stallation of protective devices at railway-highway crossings is eliminated. The revisedsection, however, retains this use as an eligi-ble activity.Conference substitute

The Conference adopts the Senate provi-sion with a modification. The substitute doesnot allow transfers to the section 402 safetyprogram or the motor carrier safety pro-gram.

Railway Crossing Hazard EliminationHouse bill

Section 104(c) extends the High Speed RailCorridors grade crossing program. Fundingfor the High Speed Rail Corridors gradecrossing program is increased to $5.25 millionper year. In addition, the subsection specifi-cally designates the Minneapolis/St. Paul,Minnesota, to Chicago, Illinois, segment as apart of the Midwest High Speed Rail Corridor(also known as the Chicago Hub). The Min-nesota, Wisconsin, and Illinois Departmentsof Transportation have completed prelimi-nary feasibility studies on the Minneapolis/St. Paul-Chicago segment and the FederalRailroad Administration has provided fund-ing for the segment under the Next Genera-tion High Speed Rail Corridor program.Senate amendment

Section 1402 authorizes $5 million to be set-aside from Surface Transportation Programfunds in each of fiscal years 1998 to 2003 to beallocated by the Secretary to address rail-way-highway crossing hazards in five exist-ing high speed rail passenger corridors andthe authority to select three additional cor-ridors. The Secretary is to consider ridershipvolume, maximum speeds, benefits to non-riders such as congestion relief, State andlocal financial support and the cooperationof the owner of the right-of-way.

The previously selected rail corridorsunder the program: (1) San Diego to Sac-ramento, CA; (2) Detroit, MI to Milwaukee,WI; (3) Miami to Tampa, FL; (4) Washington,D.C. to Charlotte, NC; (5) Vancouver, B.C. toEugene, OR. The New York City-Albany-Buf-falo high speed Empire Corridor as an exam-ple of a project that meets the intent of thissection because of its current travel at highrates of speed and its level of ridership.Conference substitute

The Conference adopts the Senate provi-sion with modifications. The substitute in-cludes funding for site specific corridors thatwere included in both the Senate and Housebills. It also makes improvements to theMinneapolis/St. Paul-Chicago segment of theMidwest High Speed Rail Corridor.

Gulf Coast CorridorHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 1402 requires the Secretary to ex-pend funds under the railway-highway cross-ing hazard elimination in high speed rail cor-ridors program for a Gulf Coast high speedrailway corridor.Conference substitute

The Conference adopts the Senate provi-sion.

ENVIRONMENTAL STREAMLINING

House billSection 502 establishes a coordinated envi-

ronmental review process for highway con-struction projects so that whenever prac-ticable, all environmental reviews, analyses,opinions and any permits, licenses, or ap-provals that must be issued by a Federalagency are conducted concurrently and with-in cooperatively established time periods.The time periods must be consistent withthose established by the Council on Environ-mental Quality (CEQ) in implementingNEPA. Agreed upon time periods may be ex-tended by the Secretary, if, upon good causeshown, the Secretary and the Federal agencydetermine that an extension is necessary asa result of new information that could notreasonably have been anticipated when thetime periods for review were established; Inthe event that an agency fails to completeits review or analysis within an agreed upontime period, the Secretary may close therecord.

The House bill further directs the Sec-retary, in consultation with CEQ, to estab-lish a State environmental review delegationpilot demonstration program to allow a lim-ited number of States to assume responsibil-ity for implementing NEPA for highwayprojects. The pilot program is authorized forthree years.Senate amendment

Section 1225 requires the Secretary to de-velop an integrated decisionmaking processfor surface transportation projects. Usingthe environmental review process under theNational Environmental Policy Act (NEPA),the section establishes a mechanism to co-ordinate the permitting process for surfacetransportation projects, encouraging con-solidation of Federal, State, local and Tribaldecisionmaking to the maximum extentpracticable, and early consideration of envi-ronmental impacts. The section further en-courages the use of collaborative, problemsolving and consensus building approaches toimplement the integrated process.Conference substitute

The Conference adopts the House languagewith the following three modifications.First, the provisions establishing a pilot pro-gram to delegate responsibility for compli-ance with the requirements of NEPA to up toeight States is deleted. Second, the languagedirecting agencies to provide due consider-ation to the determination of the Secretarywith respect to the purpose and need of ahighway project is deleted. Third, the con-ference substitute clarifies that the author-ity of the Secretary to close the record inthe event that another agency fails to meetan agreed-upon deadline for completing itsenvironmental review of a proposed projectis limited to the record with respect to thematter before the Secretary.

Both the House and Senate bills seek toaddress the same concerns; the delays, un-necessary duplication of effort, and addedcosts often associated with the current proc-ess for reviewing and approving surfacetransportation projects. The U.S. Depart-ment of Transportation has, through its ad-ministrative initiatives, attempted to ad-dress some of these problems. Legislation isappropriate, however, to further improve theintegration and coordination of decisions re-lating to highway projects. Better and ear-lier coordination among the agencies in-volved in the decisionmaking process forhighway projects should help reduce con-flicts and their associated delays and costs.

The fundamental goals of the environ-mental streamlining provisions are to estab-lish an integrated review and permittingprocess that identifies key decision points

CONGRESSIONAL RECORD — HOUSE H3911May 22, 1998and potential conflicts as early as possible;integrates the NEPA process as early as pos-sible; encourages full and early participationby all relevant agencies that must review ahighway construction project or issue a per-mit, license, approval or opinion relating tothe project; and establishes coordinated timeschedules for agencies to act on a project.

To accomplish these goals, the Conferencesubstitute adopts the House provision en-couraging the Secretary to enter into memo-randa of agreement (MOAs) with the agen-cies responsible for reviewing the environ-mental documents prepared under NEPA orfor conducting other environmental reviews,analyses, opinions or issuing any licenses,permits or approvals relating to a project. Itis expected that Federal, State and otheragencies involved in reviewing and approvinga project, or components of a project, willuse the MOA process to establish coopera-tively determined time periods to completetheir work and, more generally, to describehow, and the extent to which, the variouspermitting requirements and environmentalreviews relating to the project will be inte-grated. MOAs may include a variety of inter-agency agreements. In order to avoid subse-quent conflicts and delays on a project, agen-cies are encouraged to solicit early publicinput in the development of an MOA.

The Conference substitute retains theHouse provisions regarding the joint develop-ment of time periods for each agency in-volved in the review and approval of aproject to complete its review. The languagefurther provides that any environmental re-views, including those required under NEPA,conducted with respect to a project shallgenerally be done concurrently unless con-ducting a concurrent review would result ina significant adverse effect on the environ-ment, would substantively alter Federal law,or would not be possible without informationdeveloped during the review process. Thislast exception is intended to ensure thatagencies are not put in the position of hav-ing to complete environmental reviews be-fore they have sufficient information to con-duct a meaningful review.

The provisions relating to the Secretary’sauthority to close the record have beenmodified to clarify the extent of the Sec-retary’s authority to issue a record of deci-sion for a project in the event that anotheragency fails to meet the agreed upon dead-line for completing its review of any envi-ronmental documents required for theproject under NEPA. The Secretary’s author-ity to close the record authority does not ex-tend to reviews, analyses, opinions or deci-sions conducted by another agency on anypermit, license or approval issued by thatagency. For example, if a project requiresthe Corps of Engineers to issue a permitunder section 404 of the Clean Water Act, theSecretary may not restrict the Corps’ reviewwith respect to its decision to issue the 404permit, even if the Corps fails to meet adeadline set forth in a MOA with the Sec-retary. Therefore, the conference substituteincludes language affirming that the Sec-retary’s authority to close the record is lim-ited to the record on the matter pending be-fore the Secretary. This still allows the Sec-retary to issue a record of decision on a high-way project, even if other agencies have notcompleted their review of the environmentaldocuments required under NEPA for theproject.

The conference substitute allows the addi-tional costs associated with Federal agenciescomplying with this streamlined process tobe considered eligible projects expensesunder the Federal-aid highway program.Such costs may only be for the additionalamount the Secretary determines are nec-essary to Federal agencies to meet the time

periods for environmental review where suchtime periods are less than the customarytime for such review.

For purposes of this section, the term Fed-eral agency includes any Federal agency orState agency carrying out affected respon-sibilities by operation of Federal law.

These provisions makes a number of sig-nificant procedural changes and improve-ments to the process for reviewing and ap-proving highway projects. It is expected thatthe Secretary will publish regulations, afterpublic notice and comments, to implementthese new procedures.

APPLICABILITY OF NEPA

House bill

The House bill contains no comparable pro-vision.

Senate amendment

Section 1602(h) of the Senate bill reaffirmsthat the requirements of the National Envi-ronmental Policy Act (NEPA) do not applyto State plans and programs developed pur-suant to sections 134 or 135 of title 23, UnitedStates Code.

Conference substitute

The Conference substitute adopts the Sen-ate language. This provision is consistentwith current law and practice. To date, Statetransportation plans and programs developedunder sections 134 or 135 of title 23, UnitedStates Code, and decisions by the Secretaryregarding those plans or programs, have notbeen considered to be Federal actions forpurposes of NEPA. Nothing in this provision,however, is intended to prohibit a State fromapplying NEPA early in the decisionmakingmaking process for surface transportationprojects, including at the planning stage, ifit so chooses. Individual projects included inplans or programs continue to be subject toNEPA.

Repeat Offenders

House bill

The House bill contains no comparable pro-vision.

Senate amendment

Section 1405 establishes a new program toaddress the growing problem of repeat, hard-core drunk drivers with high alcohol con-centrations. The section requires States toenact and enforce penalties for drunk driverswho have an alcohol concentration of .15 orgreater, and who have been convicted of asecond or subsequent drunk driving offensewithin 5 years. Minimum penalties shall in-clude a license suspension of not less than 1year, an assessment of the individual’s abuseof alcohol and recommended treatment re-gimes as appropriate, and either an assign-ment of 30 days community service or 5 daysof imprisonment.

States failing to enact or enforce the de-scribed minimum penalties for repeat drunkdrivers with high alcohol concentrations byfiscal year 2000, will have 11⁄2 percent of theirINHS and STP funds transferred to fund al-cohol-impaired driving programs. For fiscalyear 2002 and 2003, States that have failed toenact or enforce a repeat intoxicated driverlaw will be required to transfer 3 percent oftheir NHS and STP funds for alcohol-im-paired driving programs.

Conference substitute

The Conference adopts the Senate provi-sions with modifications. Instead of with-holding funds, the substitute language theStates in noncompliance to transfer funds tosafety programs.

Seat Belt Incentive Grant

House bill

The House bill contains no comparable pro-vision.

Senate amendmentSection 1406 establishes a new program to

encourage States to promote and increaseseat belt usage in passenger motor vehicles.This new program provides incentive grantsto States that either obtain a State seat beltuse rate above the national average, or in-crease the State seat belt usage. The Sec-retary shall determine annually: 1) thoseStates that achieved a usage rate higherthan the national average, and the amountof Federal government budget savings fromFederal medical insurance programs associ-ated with the higher seat belt usage rate; or2) those States that realized an increase inthe seat belt rate compared with the State’sbase rate, and the resulting Federal govern-ment budget savings from Federal medicalinsurance-programs.

Under this section, the Secretary is re-quired to allocate to each State in fiscalyears 1999 through 2003 the amount of Fed-eral medical savings that resulted from ei-ther increases in seat belt usage over the na-tional average or increases over the State’sbase rate. This section provides $60 millionfor fiscal year 1998; $70 million for fiscal year1999; $80 million for fiscal year 2000; $90 mil-lion for fiscal year 2001; and $100 million foreach of fiscal years 2000 and 2003.Conference substitute

The Conference adopts the Senate provi-sion.

Scenic Byways Center, Duluth, MinnesotaHouse bill

Section 118(c) authorizes $1.5 million foreach fiscal years 1998 through 2003 to estab-lish a center for national scenic byways inDuluth, Minnesota. This center would pro-vide technical communications and networksupport for nationally designated bywayroutes.Senate amendment

The Senate contains no comparable provi-sion.Conference substitute

The Senate adopts the House provision. Itis the Conferees intent that the Center forthe National Scenic Byways be staffed by theregional planning agency located in North-eastern Minnesota. The regional planningagency located in Northeastern Minnesotahas experience in transportation planning,tourism planning, resource planning, eco-nomic development and community plan-ning. The regional planning agency has dem-onstrated its ability to manage scenic bywayprojects, develop a technical informationnetwork and provide national leadership insupporting the National Scenic Byway Pro-gram.

Wetland Restoration Pilot ProgramHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 1503 authorizes the Secretary toestablish a national wetland restorationpilot program. This discretionary pilot pro-gram shall fund restoration projects to offsetthe degradation of wetlands resulting fromhighway construction projects carried outbefore December 27, 1977. The Secretary is re-quired to submit a report on the results ofthe program every three years. This provi-sion provides contract authority in theamount of $12 million for fiscal year 1998; $13million for fiscal year 1999; $14 million forfiscal year 2000; $17 million for fiscal year2001; $20 million for fiscal year 2002; and $24million for fiscal year 2003 to carry out thisprogram.

This section is devoted to historic losses ofwetlands only. Funds provided in this pro-gram are not intended to reward State de-partments of transportation for knowingly

CONGRESSIONAL RECORD — HOUSEH3912 May 22, 1998degrading wetlands through highway con-struction. Therefore, the funds provided inthis section are not to be used to mitigatewetlands losses from current and futurehighway projects or from projects carriedout after December 1977.Conference substitute

The Conference adopts the Senate provi-sion.

TITLE II—HIGHWAY SAFETYAMENDMENTS TO TITLE 23

House billThis section provides that, except as other-

wise specifically provided, whenever in thistitle an amendment or repeal is expressed interms of an amendment to, or repeal of, asection or other provisions of law, the ref-erence shall be considered to be made to asection or other provision of title 23, UnitedStates Code.Senate amendment

Section 3002 provides that, unless other-wise provided, statements of amendment orrepeal in this title refer to sections or provi-sions of title 23, United States Code.Conference substitute

No provision is included.SEC. 2001. HIGHWAY SAFETY PROGRAMS

House billSec. 202. Highway Safety Programs.Subsection (a) amends the highway safety

program to include uniform guidelines thatprevent accidents. This subsection alsomakes a technical and conforming amend-ment to the highway safety program.

Subsection (b) makes several technical andconforming amendments to section 402(b).

Subsection (c) amends section 402(c) to in-crease the minimum annual apportionmentto Indians (through the Secretary of the In-terior) from one-half of one percent to three-fourths of one percent of the total apportion-ment under the section.

Subsection (d) amends section 402(i) toallow section 402 grants to be made to Indiantribes in Indian Country. This subsectionalso defines Indian Country.

Subsection (e) amends section 402(j) to de-lete rulemaking requirements and insteaddirects the States to consider highly effec-tive programs that reduce crashes, injuries,and deaths that have been identified by theSecretary when the States develop theirhighway safety programs.Senate amendment

Sec. 3101 continues the existing State andcommunity highway safety program, estab-lished under Section 402 of title 23, UnitedStates Code, and amends the program as fol-lows:

Subsection (a), ‘‘Uniform Guidelines,’’ andSubsection (b), ‘‘Administrative Require-ments,’’ make several technical and con-forming amendments to Sections 402 (a) and(b).

Subsection (c), ‘‘Apportionment of Funds,’’makes one technical correction to Section402(c) and one substantive amendment. Toincrease the effective delivery of the Section402 program to the more than 500 Federallyrecognized Indian tribes, an amendment isprovided to raise the minimum annual ap-portionment to the Indians (through the Sec-retary of the Interior) from one-half of onepercent to three-fourths of one percent of thetotal apportionment under the section.

Subsection (d), ‘‘Application in IndianCountry,’’ amends Section 402 to allow Sec-tion 402 grants to be made to Indian tribes in‘‘Indian Country.’’

Subsection (e), ‘‘Rulemaking Process,’’amends Section 402(j), which requires theperiodic identification, by rulemaking, ofhighway safety programs that are most ef-

fective in reducing traffic crashes, injuries,and deaths. Instead of requiring the Statesto direct the resources of the national pro-gram to the fixed areas identified by thisrulemaking process, the amendment directsthe States to consider these highly effectiveprograms when developing their highwaysafety programs.

Section 3105 would amend Section 402(a) oftitle 23, U.S. Code, to insert ‘‘post-accidentprocedures, including the enforcement oflight transmission standards of glazing forpassenger motor vehicles and light trucks asnecessary to improve highway safety.’’

Conference substitute

The conference agreement includes com-parable provisions of the House bill and Sen-ate amendment. In addition, subsection 202(f)of the House bill allowing States to use sec-tion 402 funds to purchase television andradio time for public service announcementsis revised to include a requirement thatStates which use funds for such purposessubmit a report to the Secretary on the ef-fectiveness of the messages.

Section 3105 of the Senate amendment re-garding enforcement of window glazingstandards is included in subsection (a)(3).

SEC. 2002. HIGHWAY SAFETY RESEARCH ANDDEVELOPMENT

House bill

Sec. 203. Highway Safety Research and De-velopment.

This section amends section 403(a) relatingto highway safety research and developmentto provide additional authority to the Sec-retary to engage in research focusing ontraining in work zone safety management.

Senate amendment

Section 3104(a)(1) amends Section 403(b)(1)of title 23, U.S. Code, to add a provision onprograms to train law enforcement officerson motor vehicle pursuits conducted by po-lice. Section 3104(a)(2), allows the Secretaryto use, out of the amounts appropriated tocarry out section 403 of title 23, U.S. Code,such amounts as may be necessary to carryout the motor vehicle pursuit training pro-gram of section 403(b)(1)(D) of title 23, U.S.Code, but not in excess of $1,000,000 for eachof fiscal years 1999, 2000, 2001, 2002, and 2003.

Section 3104(b) directs that, not later than180 days after the date of enactment of thisAct, the Attorney General of the UnitedStates, the Secretaries of Agriculture, Inte-rior, Treasury, the Chief of Capitol Police,and the General Services Administratorshall transmit a report to Congress on theirpolicy concerning motor vehicle pursuits,and a description of their procedures for suchtraining.

Subsection (h), ‘‘Drugged Driver Researchand Demonstration Program,’’ amends Sec-tion 403 (Highway Safety Research and De-velopment) of title 23, U.S. Code, to directthe Secretary to do research on (1) the rela-tionship between the consumption and use ofdrugs and their effect on highway safety anddrivers; and (2) driver behavior research; andmeasures that may deter drugged driving.Section 3103(1)(E), noted below, authorizes $2million for each of fiscal years 1999–2003 tocarry out the drugged driving research anddemonstration programs under subsection(h).

Conference substitute

The Senate recedes to the House provisionamending section 403(a) of title 23 regardingwork zone safety management.

The House recedes with modifications tosubsection 3101(h) and section 3104 of theSenate amendment to amend section 403(b)regarding drugged driving and programs totrain law enforcement officers on motor ve-hicle pursuits conducted by law enforcement

officers. Not more than $2 million per fiscalyear from section 403 funds shall be availablefor drugged driving activities and not morethan $1 million per fiscal year from section403 funds shall be available for motor vehiclepursuit activities.

SEC. 2003. OCCUPANT PROTECTION INCENTIVEGRANTS

House billSec. 204. Occupant Protection Incentive

Grants.This section establishes a new occupant

protection incentive grant program undersection 405 of title 23, United States Code.The Secretary is authorized to make grantsto States that adopt and implement effectivelaws and programs aimed at increasing safe-ty belt and child safety seat use.

New subsection 405(a) sets forth the gen-eral authority to make grants to states; re-quires maintenance of effort by States re-ceiving such grants; sets forth a six-yearmaximum period of maximum eligibility anda federal share of 75 percent in the first twoyears a state receives a grant, 50 percent inthe third and fourth years, and 25 percent inthe fifth and sixth years.

New subsection 405(b) sets forth criteria forGrant A. A state must meet at least five (andbeginning in fiscal year 2001, six) of the fol-lowing: (1) a law that makes it unlawfulthroughout the State the operation of a pas-senger motor vehicle whenever a person(other than a child who is secured in a childrestrain system) in the front seat of a vehi-cle (and beginning in fiscal year 2000, in anyseat in the vehicle) does not have a safetybelt properly secured about the person’sbody; (2) a provision in its safety belt use lawthat provides for its primary enforcement;(3) the State imposes a minimum fine or pen-alty points against an individual’s driver’slicense for a violation of the State’s safetybelt use law; (4) a law requiring children upto four years of age to be properly secured ina child safety seat in all appropriate seatingpositions in all passenger motor vehicles; (5)a Statewide special traffic enforcement pro-gram that includes emphasis on publicity forthe program; (6) a Statewide comprehensivechild occupant protection education pro-gram; and (7) a law that a child up to 10years of age (and beginning in 2003 a child upto 16 years of age) is properly restrained.

New subsection 405(c) sets forth criteria forGrant B: A State must: (1) demonstrate aStatewide safety belt use rate in both frontoutboard seating positions in all vehicletypes of 80 percent or higher in each of theyears a grant is received; and (2) follow safe-ty belt use survey methods which conform toguidelines issued by the Secretary ensuringthat such measurements are accurate andrepresentative.

New subsection 405(d) provides that Statesthat meet the criteria for grants A or Bwould receive, for each grant, up to 30 per-cent of its fiscal year 1997 apportionmentunder section 402, of title 23, United StatesCode.

New subsection 405(e) defines the terms‘‘child safety seat,’’ ‘‘motor vehicle,’’ ‘‘mul-tipurpose passenger vehicle,’’ ‘‘passenger ve-hicle,’’ and ‘‘safety belt.’’

New subsection 405(f) provides that admin-istrative expenses are limited to 5 percent ofprogram funds.

New subsection 405(g) provides that fund-ing for the program is provided with con-tract authority and the non-Federal sharemay be provided through credits for Stateand local expenditures. The Secretary alsohas the authority to increase the Federalshare for certain Indian tribe programs. TheSecretary of Interior is authorized to receivefunds made available for Indian tribe pro-grams.

CONGRESSIONAL RECORD — HOUSE H3913May 22, 1998Senate amendment

Section 3103(g) amends title 23, U.S. Code,to establish a new occupant protection in-ventive program under Section 410 of title 23(‘‘Safety belts and occupant protection pro-grams’’), to encourage States to increasetheir level of effort and implement effectivelaws and programs aimed at increasing safe-ty belt and child safety seat use. The newSection 410 contains two subsections—sub-section (a) and subsection (b).

Under Section 410(a), a State may establishits eligibility for one or both of two basic oc-cupant protection grants—A and B—byadopting or demonstrating certain criteria,as appropriate, to the satisfaction of the Sec-retary.

To establish eligibility for the first basicgrant A under paragraph (1), a State mustadopt or demonstrate at least 4 of the 6 fol-lowing: (1) a law that makes unlawfulthroughout the State the operation of a pas-senger motor vehicle whenever a person inthe front seat of the vehicle (other than achild who is secured in a child restraint sys-tem) does not have a safety belt properly se-cured about the person’s body; (2) a provisionin its safety belt use law that provides for itsprimary enforcement; (3) a law requiring mi-nors who are riding in a passenger motor ve-hicle to be properly secured in a child safetyseat or other appropriate restraint system;and, an effective public awareness programthat advocates placing passengers under theage of 13 in the back seat of a motor vehicleequipped with a passenger-side air bag when-ever possible; (4) demonstrates implementa-tion of a statewide comprehensive child oc-cupant protection education program thatincludes education about proper seating posi-tions for children in air bag-equipped motorvehicles and instruction on how to reducethe improper use of child restraint systems,and submits to the Secretary an evaluationor report on the effectiveness of the pro-grams at least 3 years after receipt of thegrant; (5) a minimum fine of at least $25 forviolations of its safety belt use law and aminimum fine of at least $25 for violations ofits child passenger protection law; and (6) astatewide occupant protection Special TariffEnforcement Program (STEP) that includesemphasis on publicity for the program.

To establish eligibility for the second basicgrant B under paragraph (2), a State must:(1) demonstrate a statewide safety belt userate in both front outboard seating positionsin all passenger motor vehicles of 80 percentor higher in each of the first three years agrant is received, and of 85 percent or higherin each of the fourth, fifth, and sixth years agrant is received; and (2) follow safety beltuse survey methods which conform to guide-lines issued by the Secretary ensuring thatsuch measurements are accurate and rep-resentative.

States that meet the criteria for a basicgrant under paragraph (1) or (2) would re-ceive, for each grant, up to 20 percent (up to40 percent if they qualify for both) of theirfiscal year 1997 apportionment under Section402 of Title 23, United States Code.

States that meet the criteria for one orboth of the two basic grants also would be el-igible to receive supplemental grants for oneor more of the following: (1) requiring theimposition of penalty points against a driv-er’s license for violations of child passengerprotection requirements; (2) having no non-medical exemptions in effect in their safetybelt and child passenger protection laws; (3)having in effect a law that requires safetybelt use by all rear-seat passengers in allpassenger motor vehicles with a rear seat.For each supplemental grant criterion thatis met, a State would receive an amount upto 5 percent of its Section 402 apportionment

for fiscal year 1997. Definitions are providedfor ‘‘child safety seat,’’ ‘‘motor vehicle,’’‘‘multipurpose passenger vehicle,’’ ‘‘pas-senger car,’’ ‘‘passenger motor vehicle,’’ and‘‘safety belt.’’

Under Section 410(b), subject to the avail-ability of appropriations, the Secretary maymake a grant to a State that demonstratesthe implementation of a Child Occupant Pro-tection Education Program, described in sub-section (a)(1)(D), that submits an applica-tion, in the form and manner as the Sec-retary may prescribe, that is approved bythe Secretary to carry out activities speci-fied in subparagraph (B) through: (1) thechild occupant protection program of theState, described in subsection (a)(1)(D); and(2) at the option of the State, a grant pro-gram established by the State to provide forcarrying out of 1 or more of the activitiesspecified in subparagraph (B) by a politicalsubdivision of the State or an appropriateprivate entity.

Funds provided to a State under a grantunder this subsection shall be used to imple-ment child restraint programs specifiedunder subparagraph (B), which specificallyinclude programs that: (1) are designed toprevent deaths and injuries to children underthe age of 9; and (2) educate the public con-cerning all aspects of the proper installationof child restraints using standard seatbelthardware, supplemental hardware, and modi-fication devices (if needed), including specialinstallation techniques; and appropriatechild restraint design, selection and place-ment; and harness threading and harness ad-justment; and train and retrain child pas-senger safety professionals, police officers,fire and emergency medical personnel, andother educators concerning all aspects ofchild restraint use.

The Secretary may make a grant underthis subsection without regard to whether acovered State, described in subsection with-out regard to whether a covered State, de-scribed in subsection (a)(1)(D), is eligible toreceive, or has received, a grant under sub-section (a).

The appropriate official of each State thatreceives a grant under this subsection shallprepare, and submit to the Secretary, an an-nual report for the period covered by thegrant. This report shall contain such infor-mation as the Secretary may require; and ata minimum, describe the program activitiesundertaken with the grant funds. Also, notlater than 1 year after the date of the enact-ment of this provision, and annually there-after, the Secretary shall prepare, and sub-mit to Congress, a report on the implementa-tion of this subsection that includes a de-scription of the programs undertaken andmaterials developed and distributed by theStates that receive grants under this sub-section.

Separate authorizations are provided tocarry out subsection (b) of $75,500,000 foreach of fiscal years 1999 and 2000.Conference substitute

The conference agreement includes provi-sions from the House bill and the Senateamendment. A State is eligible to receive agrant if it meets 4 of the following criteria:(1) a law that makes it unlawful to operatea vehicle whenever an individual in the frontseat (and beginning in the year 2001, anyseat) of a vehicle does not have a seat beltproperly secured; (2) the State provides en-forcement of its safety belt use laws; (3) theState imposes minimum fines or provides forpenalty points for violations of its safetybelt use laws or child passenger protectionlaws; (4) the State has implemented a state-wide enforcement program; (5) the State hasimplemented a statewide comprehensivechild passenger protection education pro-

gram; and (6) the State has in effect a lawthat requires minors to be properly securedin a child seat or other appropriate restraintsystem. It is noted that States have differinglaws regarding the age of ‘‘minors’’ and theprovision should be implemented in a flexi-ble manner to reflect these differences.

A qualifying State may receive a grantamount of up to 25 percent of amounts it re-ceived in fiscal year 1997 under section 402.

The conference agreement does not includethe performance-based incentive grants sincea $500 million performance based incentivegrant is established in Title I.

The House recedes with modifications tosubsection 2003(b) of the Senate amendmentauthorizing a two-year, $15 million generalfund program to provide grants to states forchild passenger protection education pro-grams. The Senate provision is amended torequire a 20 percent non-Federal match forany grant funds received by a State and an-nual reporting requirements are revised torequire a report to the Secretary by anyState receiving a grant and a report from theSecretary to Congress to be submitted notlater than June 1, 2002.

SEC. 2004. ALCOHOL-IMPAIRED DRIVINGCOUNTERMEASURES.

House billSec. 205. Alcohol-Impaired Driving Coun-

termeasures.This section amends the current section

410 to establish a new comprehensive drunkand impaired driving countermeasures incen-tive program to encourage States to increasetheir level of effort and implement effectiveprograms aimed at deterring the drunk driv-er.

New subsection 410(a) sets forth the gen-eral authority for the Secretary to makegrants.

New subsection 410(b) requires mainte-nance of effort by States receiving a grant.

New subsection 410(c) sets forth a six-yearmaximum period of eligibility and a federalshare of 75 percent in the first two years aState receives a grant, 50 percent in thethird and fourth years, and 25 percent in thefifth and sixth years.

New subsection 410(d)(1) establishes cri-teria for basic grant A. A State must adoptor demonstrate at least 5 of the following: (1)a State law that provides that an individualwith a blood alcohol concentration (BAC) of0.08 percent or greater while operating amotor vehicle is deemed to be driving whileintoxicated; (2) an administrative driver’s li-cense suspension or revocation system fordrunk drivers; (3) an effective system for pre-venting drivers under age 21 from obtainingalcoholic beverages and preventing personsfrom making alcoholic beverages availableto individuals under age 21; (4) a Statewideprogram for stopping vehicles on a non-discriminatory basis or a Statewide impaireddriving special traffic enforcement programthat includes emphasis on publicity for theprogram; (5) effective sanctions for repeat of-fenders convicted of driving while under theinfluence of alcohol; (6) programs to targetindividuals with high BAC while operating amotor vehicle; (7) programs to reduce drivingwhile under the influence of alcohol by indi-viduals age 21 through 34; and (8) an effectivesystem for increasing the rate of BAC test-ing in fatal accidents and by the year 2000achieves a rate of testing equal to or greaterthan the national average.

New subsection 410(d)(2) establishes cri-teria for basic grant B. A State must adoptor demonstrate to the satisfaction of theSecretary that (1) its percentage of fatallyinjured drivers with 0.10 percent or greaterBAC has decreased in each of the 3 most re-cent calendar years for which statistics fordetermining such percentages are available;

CONGRESSIONAL RECORD — HOUSEH3914 May 22, 1998and (2) that percentage has been lower thanthe average percentage for all States in eachof such calendar years.

New subsection 410(e) provides that Statesthat meet the criteria for a basic grantwould receive, for each grant, up to 30 per-cent of its fiscal year 1997 apportionmentunder section 402.

New subsection 410(e) authorizes the Sec-retary to make discretionary grants toStates carrying out innovative programs toreduce traffic safety problems resulting fromindividuals driving while under the influenceof alcohol or controlled substances. A Stateis eligible to receive a discretionary grantonly if the State is eligible to receive a basicgrant A or B under this section. Theamounts made available to carry out the dis-cretionary grants may not exceed 12 percentof the total funds available for section 410.

New subsection 410(f) provides that admin-istrative expenses for carrying out this sec-tion may not exceed 5 percent of the fundsauthorized to be appropriated for this sec-tion.

New subsection 410(g) provides that fund-ing made available under this section wouldbe contract authority. The Secretary is au-thorized to credit certain amounts of stateand local expenditures toward the non-Fed-eral share of the project under this section.The Federal share of the cost of the programfor Indian tribes may be increased. Amountsmade available for the Indian tribe programwill be administered through the Secretaryof the Interior.

New subsection 410(h) defines the terms‘‘alcoholic beverage,’’ ‘‘controlled sub-stances,’’ ‘‘motor vehicle,’’ and ‘‘open alco-holic beverage container.’’Senate amendment

Subsection 3101(f) amends Section 402 toestablish a comprehensive drunk and im-paired driving incentive program to encour-age States to increase their level of effortand implement effective programs aimed atdeterring the drunk driver. The new programis similar in structure to that of the existingSection 410 drunk driving prevention incen-tive program, established under Section 410of Title 23, United States Code, and would re-place the Section 410 program.

A State may establish its eligibility forone or more of three basic alcohol impaired-driving countermeasure grants—A, B, andC—by adopting or demonstrating certain cri-teria, as appropriate, to the satisfaction ofthe Secretary.

To establish eligibility for the first basicgrant A under paragraph (1), a State mustadopt or demonstrate at least 7 of 9 of thefollowing: (1) a law that provides for a per selaw setting .08 BAC level as intoxicated; (2)an administrative driver’s license suspensionor revocation system for drunk drivers; (3)an effective underage drinking program forpreventing operators of motor vehicles underage 21 from obtaining alcoholic beverages;(4)(A) a statewide program for stoppingmotor vehicles on a nondiscriminatory, law-ful basis to determine whether the operatorsare driving while under the influence of alco-hol, or (B) a statewide impaired driving Spe-cial Traffic Enforcement Program (STEP)that includes emphasis on publicity for theprogram; (5) effective sanctions for repeat of-fenders convicted of driving while intoxi-cated or driving under the influence of alco-hol; (6) a three-tiered graduated licensingsystem for young drivers that includesnighttime driving restriction, requiring thatall vehicle occupants to be properly re-strained, and providing that all drivers underage 21 are subject to zero tolerance at .02percent BAC or greater while operating amotor vehicle; (7) programs targeting per-sons with high blood alcohol concentrations

(BAC) who operate a motor vehicle; (8) youngadult programs to reduce driving while underthe influence of alcohol by persons age 21through 34; and (9) an effective system for in-creasing the rate of testing for blood alcoholconcentration of motor vehicle operators atfault in fatal crashes.

To establish eligibility for the second basicgrant B under paragraph (2), a State mustadopt either an administrative driver’s li-cense suspension or revocation system fordrunk drivers, or a law that provides for aper se law setting .08 BAC level as intoxi-cated.

To establish eligibility for the third basicgrant C under paragraph (3), a State mustdemonstrate that its percentage of fatallyinjured drivers with 0.10 percent or greaterblood alcohol concentration has both: (1) de-creased in each of the 3 most recent calendaryears for which statistics for determiningsuch percentages are available; and (2) beenlower than the average percentage for allStates in each of such calendar years.

States that meet the criteria for a basicgrant under paragraphs (1), (2) or (3) wouldreceive, for each grant, up to 15 percent (upto 30 percent if they qualify for two, and upto 45 percent if they qualify for all three) oftheir fiscal year 1997 apportionment underSection 402 of Title 23, United States Code.

States that meet the criteria for any oneor more of the three basic grants also wouldbe eligible to receive supplemental grants forone or more of the following: (1) making itunlawful to possess open containers of alco-hol in the passenger area of motor vehicles(excepting charter buses) while on the road;(2) adopting a mandatory BAC testing pro-gram for drivers in crashes involving fatali-ties or serious injuries; (3) videotaping ofdrunk drivers by police; (4) adopting and en-forcing a ‘‘zero tolerance’’ law providing thatany person under age 21 with a BAC of .02 orgreater when driving a motor vehicle shallbe deemed driving while intoxicated or driv-ing under the influence of alcohol, and fur-ther providing for a minimum suspension ofthe person’s driver’s license of not less than30 days; (5) requiring a self-sustaining im-paired driving program; (6) enacting and en-forcing a law to reduce incidents of drivingwith suspended licenses; (7) demonstratingan effective tracking system for alcohol-im-paired drivers; (8) requiring an assessment ofpersons convicted of abuse of controlled sub-stances, and the assignment of treatment forall DWI and DUI offenders; (9) implementinga program to acquire passive alcohol sensorsto be used by police in detecting drunk driv-ers; and (10) enacting and enforcing a lawthat provides for effective penalties or otherconsequences for the sale or provision of al-coholic beverages to a person under 21. Foreach supplemental grant criterion that ismet, a State would receive, in no more thantwo fiscal years, an amount up to 5 percentof its Section 402 apportionment for fiscalyear 1997. Definitions are provided for ‘‘alco-holic beverage,’’ ‘‘controlled substances,’’‘‘motor vehicle,’’ and ‘‘open alcoholic bev-erage container.’’Conference substitute

The conference agreement includes provi-sions of both the House bill and Senateamendment. A State is eligible to receive agrant under section 410 if it meets five of thefollowing criteria: (A) an administrative li-cense suspension or revocation system fordrunk drivers; (B) an effective underagedrinking program; (C) a statewide programfor stopping vehicles on a non-discrimina-tory, lawful basis or a Statewide impaireddriving special traffic enforcement programthat includes emphasis on publicity for theprogram; (D) graduated licensing systems;(E) programs to target drivers with high

BACs; (F) programs to reduce driving underthe influence by young adults age 21 through34; and (G) an effective system for increasingthe rate of BAC testing and, by the year 2001,a rate of testing that is equal to or greaterthan the national average.

The conference agreement does not includea .08 BAC criteria since a $500 million .08 in-centive program is included in Title I.

A qualifying State may receive a grant ofup to 25 percent of amounts it received in fis-cal year 1997 under section 402.

The conference agreement also authorizesthe Secretary to make supplemental grants.The provision includes several of the Senateitems and includes a new broad criteria. TheSecretary should use the supplementalgrants to assist States in developing innova-tive programs. The Secretary may determinethe amount of each supplemental grant andis not required to provide the same amountfor each grant.

The conference agreement provides thatthe amendments to section 410 of title 23,United States Code, take effect on October 1,1998 so that funding provided for the remain-der of fiscal year 1998 are subject to the cur-rent section 410 program requirements.

SEC. 2005. HIGHWAY SAFETY DATAIMPROVEMENTS

House billSec. 206. This section amends section 406 to

create a new State highway safety data im-provement incentive grant program to en-courage States to take effective actions toimprove the timeliness, accuracy, complete-ness, uniformity, and accessibility of thedata they need to identify the priorities fornational, State and local highway and trafficsafety programs, to evaluate the effective-ness of such efforts, to link these data, in-cluding traffic records, together and withother data systems within the State, such asmedical and economic data, and to improvethe compatibility of State systems with na-tional and other States’ data systems.

The Secretary, in consultation with Statesand other appropriate parties, is directed todevelop model data elements for States’ sys-tems. It should be noted that subsection (b)regarding model data elements and thatStates’ plans should demonstrate how themodel data elements will be incorporated isnot to be interpreted as requiring States toimmediately adopt uniform data. The Com-mittee realizes that uniform data systemsand reporting may necessitate such changesas modifying computer systems and rede-signing police reports. This is a long termgoal and the provision directs the State toidentify steps it will take to move towardthe goal.

The States that receive a grant in any fis-cal year must enter into an agreement withthe Secretary to ensure that the State willmaintain its aggregate expenditures from allother sources for highway safety data pro-grams at or above the average level of suchexpenditures in its two fiscal years prior tothe date of enactment of this section.

The maximum period of eligibility for aState to receive a grant would be six years,beginning after September 30, 1997. Statesthat meet the criteria for receipt of a grantwould receive grants that would be fundedthrough a declining federal share.

A State would be eligible for a first-yeargrant in a fiscal year if it demonstrates thatit has (1) established a highway safety dataand traffic records coordinating committeewith a multi-disciplinary membership; (2)completed a highway safety data and trafficrecords assessment or audit of its highwaysafety data and traffic records system; and(3) initiated the development of a strategicplan that identifies and prioritizes theState’s highway safety data and traffic

CONGRESSIONAL RECORD — HOUSE H3915May 22, 1998records needs and goals, and performance-based measures by which progress towardthose goals will be determined.

A State also would be eligible for a first-year grant in a fiscal year if it provides (1)certification that it has met the require-ments of (1) and (2) listed above; and (2) amulti-year plan that identifies andprioritizes the State’s highway safety dataand traffic records needs and goals, thatspecifies how its incentives funds will beused to address those needs and the goals ofthe plan, and that identifies performance-based measures by which progress towardthose goals will be determined; and (3) cer-tification that the highway safety data andtraffic records coordinating committee con-tinues to operate and support the multi-yearplan.

A State that meets certain criteria for afirst-year grant would receive up to $125,000,based on available appropriations. A Statethat meets the additional criteria for a first-year grant would receive an amount equal toa proportional amount of the amount appor-tioned to the State for fiscal year 1997 undersection 402, except that no State would re-ceive less than $225,000.

A State would be eligible for a grant in anyfiscal year succeeding the first fiscal year inwhich they receive a State highway safetyimprovement grant if the State (1) submitsor updates a multi-year plan that identifiesand prioritizes the State’s highway safetydata and traffic records needs and goals, thatspecifies how its incentive funds for the fis-cal year will be used to address those needsand the goals of the plan, and that identifiesperformance-based measures by whichprogress toward those goals will be deter-mined; (2) certifies that its highway safetydata and traffic records coordinating com-mittee continues to support the multi-yearplan; and (3) reports annually on its progressin implementing the multi-year plan.

A State that meets the criteria for a suc-ceeding-year grant in any fiscal year wouldreceive an amount equal to a proportionalamount of the amount apportioned to theState for fiscal year 1997 under section 402 oftitle 23, except that no State shall receiveless than $225,000 based on available appro-priations.

Administrative expenses for carrying outthis section may not exceed 5 percent of thefunds authorized to be appropriated. Thefunding for grants provided under this sec-tion is provided with contract authority andthe non-Federal share may be providedthrough credits for State and local expendi-tures. The Secretary also has the authorityto increase the Federal share for certain In-dian tribes. The Secretary of the Interior isauthorized to receive funds made availablefor Indian tribe programs.Senate amendment

Sec. 3101(f). The Senate bill contains asimilar provision with two differences. It in-cludes a provision authorizing the Secretaryto award States that do not meet the first-year eligibility criteria up to $25,000 to assisttheir efforts to qualify in the next fiscalyear. The Senate bill does not include a pro-vision on model data elements.Conference substitute

The Conference merges the House and Sen-ate provisions by retaining the House modeldata elements and the Senate $25,000 grantsfor States that do not meet the eligibilitycriteria. The Conference emphasizes thatwhile the Secretary should assist States try-ing to meet the eligibility criteria, the$25,000 grants are available to each Stateonly once. If the State fails to qualify for aregular grant the next year, it would not beeligible for an additional $25,000.

The Conference also replaces the word‘‘causation’’ with ‘‘circumstances’’ in rec-

ognition that determining accident causa-tion precisely is difficult, even when ade-quate data are available. Collection of dataon crash circumstances, however, will con-tribute to our ability to understand crashcausation and identify potentially effectivecountermeasures.

SEC. 2006. NATIONAL DRIVER REGISTER

House billSec. 207. Subsection (a) amends section

30302 (‘‘National Driver Register’’) by addinga new subsection (e). Under subsection (e),the Secretary would be authorized to enterinto an agreement with an organization thatrepresents the interests of the States tomanage, administer, and operate the Na-tional Driver Register’s (NDR) computertimeshare and user assistance functions. TheSecretary is required to demonstrate thatany transfer of these functions will beginonly after the Secretary makes a determina-tion that all States are participating in theNDR’s ‘‘Problem Driver Pointer System’’and that the system is functioning properly.Any agreement entered into to transferthese functions shall include a provision fora transition period to allow the States timeto make any budgetary and legislativechanges needed in order to pay fees for usingthese functions. The fees charged by the or-ganization representing the interests of theStates in any fiscal year for the use of thesefunctions shall not exceed the organization’stotal cost for performing these functions inthat fiscal year.

Subsection (b)(1) amends Section 30305(b)to make technical conforming amendments.

Subsection (b)(2) amends section 30305(b) toadd two substantive provisions. The firstwould eliminate a deficiency in the NDR byextending participation to federal depart-ments or agencies that both issue motor ve-hicle operator’s licenses and transmit re-ports on individuals to the NDR over whomthe department or agency has such licensingauthority. The reports on these individualstransmitted by the federal department oragency must contain the identifying infor-mation specified in subsection 30304(b).

Subsection (b) also would allow federalagencies authorized to receive NDR informa-tion to request and receive the informationdirectly from the NDR, instead of through aState. The statute currently requires theseagencies to submit all NDR inquiriesthrough a State.

Subsection (c) directs the Secretary toevaluate the implementation of the NDR andmotor carrier and commercial driver licenseinformation systems and identify alter-natives to improve the ability of States toexchange information about unsafe drivers.The subsection further directs the Secretaryto conduct an assessment, with the Amer-ican Association of Motor Vehicle Adminis-trators, of available technologies to improveaccess to and exchange of such information.The assessment may consider alternatives tofacilitate matching drivers and theirrecords.Senate amendment

Sec. 3102. the Senate bill contains a nearlyidentical provision, but does not include theassessment and evaluation of alternatives toimprove the exchange of driver information.Conference substitute

The Conference adopts the House provi-sion.

SEC. 2007. SAFETY STUDIES

House billSec. 208. Subsection (a) authorizes the Sec-

retary to conduct a study on the benefit topublic safety of blowout-resistant tires oncommercial motor vehicles.

Subsection (b) authorizes the Secretary toconduct a study to assess occupant safety inschool buses.

Subsection (c) requires the Secretary to re-port the results of each study to Congressnot later than two years after the date of en-actment.

Subsection (d) authorizes the Secretary toexpend no more than $200,000 to conduct eachstudy.Senate amendment

The Senate bill contains no comparableprovision.Conference substitute

The Conference adopts the House provisionwith a modification that the funds for thesestudies shall come from funds authorized forhighway safety research and development.SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISH-

ING MAXIMUM BLOOD ALCOHOL CONCENTRA-TIONS

House billSec. 209. Subsection (a) directs the Comp-

troller General to conduct a study to evalu-ate the effectiveness of State .08 and .02 BAClaws in reducing the number and severity ofalcohol-related crashes.

Subsection (b) requires the ComptrollerGeneral to report to the Congress within twoyears the results of the BAC study.Senate amendment

The Senate bill contains no comparableprovision.Conference substitute

The Conference adopts the House provisionwith a modification to the Senate committeereceiving the report.SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS

House billSec. 210. This section provides authoriza-

tions for the section 402 program; the section403 programs; the occupant protection, alco-hol-impaired driving, and highway safetydata incentive grants; and the NDR.

For the NHTSA section 402 safety program,in fiscal year 1998, $128.2 million is provided;for fiscal year 1999, $150.7 million is provided;for each of fiscal years 2000 through 2003,$195.7 million is provided.

For the FHWA section 402 safety program,in fiscal year 1998, $12 million is provided; forfiscal year 1999, $20 million is provided; foreach of fiscal years 2000 through 2003, $25million is provided.

For NHTSA section 403 research and devel-opment, $55 million is authorized for each offiscal years 1998 through 2003.

For NHTSA section 403 research and devel-opment, $20 million is authorized for each offiscal years 1998 through 2003.

For occupant protection incentive grants,in fiscal year 1998, $9 million is provided; ineach of fiscal years 1999 through 2003, $20million is provided.

For alcohol-impaired driving counter-measures incentive grants, in fiscal year1998, $35 million is provided; in each of fiscalyears 1999 through 2003; $45 million is pro-vided.

For state highway safety data incentivegrants, in fiscal year 1998, $2.5 million is pro-vided; in each of fiscal years 1999 through2003, $12 million is provided.

For the National Driver Register, $2.3 mil-lion is provided for each of fiscal years 1999through 2003.

The Secretary may transfer unallocatedincentive grant amounts among the variousgrant programs to ensure that each State re-ceives the maximum funding to which it isentitled.Senate amendment

Sec. 3103. The section authorizes funds forthe section 402 program; the alcohol-im-paired driving countermeasures incentivegrants; the occupant protection incentivegrants; the State highway safety data and

CONGRESSIONAL RECORD — HOUSEH3916 May 22, 1998traffic records improvements incentivegrants; highway safety research; public edu-cation; and the NDR.

For the section 402 safety program, in fis-cal year 1998, $117.9 million is provided; forfiscal year 1999, $123.5 million is provided; forfiscal year 2000, $126.9 million is provided; forfiscal year 2001, $130.4 million is provided; forfiscal year 2002, $133.8 million is provided; forfiscal year 2003, $141.8 million is provided.

For alcohol-impaired driving counter-measures incentive grants, in fiscal year1998, $30.6 million is provided; for fiscal year1999, $28.5 million is provided; for fiscal year2000, $29.3 million is provided; for fiscal year2001, $30.1 million is provided; for fiscal year2002, $38.7 million is provided; for fiscal year2003, $39.8 million is provided.

For occupant protection program incentivegrants, in fiscal year 1998, $13.9 million isprovided; for fiscal year 1999, $14.6 million isprovided; for fiscal year 2000, $15.0 million isprovided; for fiscal year 2001, $15.4 million isprovided; for fiscal year 2002, $17.6 million isprovided; for fiscal year 2003, $17.7 million isprovided.

For state highway safety data improve-ments incentive grants, in fiscal year 1998,$8.4 million is provided; for fiscal year 1999,$8.8 million is provided; for fiscal year 2000,$9.0 million is provided; for fiscal year 2001,$9.2 million is provided.

For drugged driving research and dem-onstration programs, $2.0 million is providedfor each fiscal year, 1999 through 2003.

For highway safety research, $60.1 millionis provided for each fiscal year, 1998 through2002; and $61.7 million is provided for fiscalyear 2003.

For programs to educate the motoring pub-lic on how to share the road safety with com-mercial motor vehicles, $500,000 is providedfor each fiscal year 1998 through 2003.

For the National Driver Register, in fiscalyear 1998, $1.6 million is provided; for fiscalyear 1999, $1.7 million is provided; for fiscalyear 2000, $1.7 million is provided; for fiscalyear 2001, $1.8 million is provided; for fiscalyear 2002, $1.8 million is provided; and for fis-cal year 2003, $1.9 million is provided.

The Secretary may transfer unallocatedincentive grant amounts among the variousgrant programs to ensure that each State re-ceives the maximum funding to which it isentitled.Conference substitute

The section authorizes funds for the sec-tion 402 program; highway safety researchand development; the occupant protectionincentive grants; the alcohol-impaired driv-ing countermeasures incentive grants; theState highway safety data and trafficrecords improvements incentive grants; theNDR; and public education.

For the NHTSA and FHWA section 402safety program, a total of $932.5 million isprovided for fiscal years 1998 through 2003.

For NHTSA and FHWA highway safety re-search, $72 million is provided for each fiscalyear, 1998 through 2003.

For occupant protection incentive grants,a total of $68 million is provided for each fis-cal years 1999 through 2003.

For alcohol-impaired driving counter-measures incentive grants, a total of $219.5million is provided for fiscal years 1998through 2003.

For state highway safety data improve-ments incentive grants, a total of $32 millionfor fiscal years 1999 through 2002 is provided.

For the National Driver Register, a totalof $12 million is provided for fiscal years 1998through 2003.

For research related to the effects of drugsand driver behavior and measures to deterdrugged driving $2 million per fiscal year isavailable.

For programs to train law enforcement of-ficers on motor vehicle pursuits $1 millionper fiscal year is available.

For programs to educate the motoring pub-lic on how to share the road safely with com-mercial motor vehicles, $500,000 is providedfor each fiscal year 1998 through 2003. Be-cause many motorists are unaware of thelimitations of large commercial vehicles andthe driving practices that could help im-prove their safety, the Committee believes itis essential to support a national public edu-cation program on sharing the road safely.Recognizing that such a national programhas been undertaken by the Federal HighwayAdministration, the Committee believes thegreatest safety benefit and efficiency wouldbe achieved by FHWA continuing and im-proving its current ‘‘share the road’’ publiceducation campaign. The Committee expectsthat the National Highway Traffic SafetyAdministration will transfer $500,000 eachyear from Section 403 funds as designatedunder this section to the Federal HighwayAdministration for this purpose.

The Secretary may transfer unallocatedincentive grant amounts among the variousgrant programs to ensure that each State re-ceives the maximum funding to which it isentitled.

TITLE III—FEDERAL TRANSITADMINISTRATION PROGRAMS

SEC. 3001. SHORT TITLE

House provisionNo provision in House bill.

Senate amendmentThis title to be cited as the Federal Tran-

sit Act of 1997.Conference report

The title to be cited as the Federal TransitAct of 1998.

SEC. 3002. AMENDMENTS TO TITLE 49

House provisionSection 301 provides that, unless stated

otherwise, all references in this title to asection or other provision of law are to title49 of the United States Code.Senate amendment

No provision included.Conference report

Adopts House proposal.SEC. 3003. DEFINITIONS

House provisionSection 302 amends section 5302 of title 49

to expand the definition of ‘‘capital project’’to include transit-related intelligent trans-portation systems, preventive maintenance,leasing of equipment or facilities for use inmass transportation under certain cir-cumstances, and certain mass transportationimprovements that enhance economic devel-opment or incorporate private investment. Italso defines preventive maintenance, publictransportation, transit, and transit enhance-ment.Senate amendment

Section 5003 expands and clarifies the defi-nition of capital project under section5302(a)(1) to add preventive maintenance andintelligent transportation systems. It alsobrings together existing capital provisionson leasing of transit equipment and facili-ties, the deployment of new technology, andjoint development activities into the broad-ened capital definition. Joint development isexpanded to include safety elements andcommunity services as eligible activities.

Making preventive maintenance an eligiblecapital expense gives transit operatorsgreater flexibility and helps to ensure thatthe federal investment is properly main-tained. Preventive maintenance does not in-clude routine or servicing activities or re-pairing damage caused by an accident.

This section also enables small urbanizedareas, which are defined as having a popu-lation between 50,000 and 200,000, to use anyfunding distributed under the urbanized areaformula program for either operating or cap-ital expenses. This enhanced flexibility mir-rors that which is currently provided torural areas (populations under 50,000).Conference report

Adopts Senate provision for preventivemaintenance, deployment of new technology,and joint development. Adopts House provi-sion for transit-related intelligent transpor-tation systems and leasing.

SEC. 3004. METROPOLITAN PLANNING

House provisionSection 303 amends section 5303(b) of title

49 to repeal the current planning factors andreplace them with goals and objectives of themetropolitan planning process. The metro-politan planning organization shall coopera-tively determine with the State and masstransit operators how the goals and objec-tives considered are translated into metro-politan goals and objectives and factoredinto decision making.

This section allows the metropolitan plan-ning organization to include, for illustrativepurposes, additional projects that would beincluded in the long range transportationplan if reasonable additional resources wereavailable. It also amends section 5303(f) toadd freight shippers and providers of freighttransportation services to the list of personsmetropolitan planning organizations are re-quired to give an opportunity to comment onthe long range transportation plan.Senate amendment

Section 5004 amends the current metropoli-tan planning provisions in sections 5303, 5304,and 5305 and adds a new section 5305a onStatewide Planning. This new section large-ly parallels the statewide planning provi-sions in the highway laws, and is included asa separate provision in the transit laws.

This section retains the requirement thatMPOs follow the ISTEA planning processoutlined in the law. It replaces the 16 indi-vidual planning factors in current law with abroader list of seven national goals and fac-tors for the MPOs to consider, and retainsconsideration of land use. This section clari-fies that consideration of these seven factorsapplies to the planning process as a whole,not separately to each project under review.

This section adds language directing theMPOs to cooperate with the state and tran-sit operators, through a public process, to es-tablish goals and propose programs relatingto these factors. It adds freight shippers tothe list of those who can comment on plansand transportation improvement programs.These same changes are included in theStatewide Planning provisions.

This section retains the requirement thatthe transportation plans be fiscally con-strained. It requires MPOs to identify thefunding source for projects that are proposedfor the regional transportation plan.

There is new language directing MPOs tobring together the wide range of transpor-tation services being provided within the re-gion, many of which are funded either di-rectly or indirectly by federal programsother than the Department of Transpor-tation (DOT). The intent of the Committee isto encourage the participation of these non-DOT funded transportation services, eitherthrough individual or representative organi-zations, in coordinating regional transpor-tation services. An analogous provision is in-cluded in the Statewide Planning provisions.The Committee recognizes elsewhere in thebill the importance of coordinating thesetransportation services. Indeed, the Depart-ment of Health and Human Services (HHS)

CONGRESSIONAL RECORD — HOUSE H3917May 22, 1998and DOT have a long-standing CoordinatingCouncil which is evaluating the depart-ments’ current coordination strategies. Theobjectives of this coordination include: jointidentification of human service client trans-portation needs and the appropriate mix oftransportation services to meet those needs;the expanded use of public transit services todeliver human services program transpor-tation; and cost-sharing arrangements forHHS program clients transported by ADAparatransit systems based on a uniform ac-counting system.

This section adds new language for publi-cation of information in the 3-year transpor-tation improvement program and the annualselection of projects.Conference report

Adopts Senate proposal on metropolitanplanning and includes the representatives ofthe users of public transit among those to beconsulted in the planning process and for en-hanced publication of information on projectselection. The Senate proposal for a separatestatewide planning provision in the transitlaws is not adopted.

SEC. 3005. TRANSPORTATION IMPROVEMENTPROGRAM

House provisionThis section amends section 5304 of title 49

to require that the transportation improve-ment program (TIP) be updated at least onceevery three years. It also provides that theTIP may include, for illustrative purposes,projects that would be included in the plan ifreasonable additional resources were avail-able.Senate amendment

This section of the legislation requiresthat any metropolitan planning organizationthat is classified as a transportation man-agement area and is redesignated after theenactment of this Act, shall include rep-resentatives of the users of public transit.Conference report

Adopts Senate provision to include rep-resentatives of the users of public transit tobe consulted in the planning process, andadopts House provision for illustrative list.

SEC. 3006. TRANSPORTATION MANAGEMENTAREAS

House provisionThis section amends section 5305 to add

projects under the high risk road safety pro-gram to the list of projects selected by theState in consultation with the metropolitanplanning organization. This section alsomakes a technical amendment to section5305.Senate amendment

Section 5004 makes technical changes tosection 5305 and permits the Secretary tomake conditional certifications of metro-politan planning organizations.Conference report

Provisions substantially the same.SEC. 3007. URBANIZED AREA FORMULA GRANTS

House provisionSection 306 amends section 5307 of title 49

to change the name of the sections and tomake a conforming amendments to the tableof sections. It makes technical amendmentsto section 5307(a) of title 49, and amends sec-tion 5307(b)(1) to provide that the Secretarymay make grants to finance the operatingcost of equipment and facilities only to ur-banized areas with populations of less than200,000. It repeals sections 5307(b)(3) and5307(b)(5). It also provides that of the fundsapportioned each fiscal year to urbanizedareas with populations of 200,000 or moreunder section 5336, at least two percent shallonly be for transit enhancement activities.

Senate amendment

Section 5003 provides flexibility for smallurbanized areas to use their formula fundsfor either capital or operating assistance.

Conference report

Adopts House provision.

SEC. 3008. CLEAN FUELS FORMULA GRANTPROGRAM

House provision

No provision in House bill.

Senate amendment

Section 5007 creates a new Clean Fuels for-mula grant program, with an annual fundingauthorization of $200 million. This programwill assist transit systems in purchasing lowemissions buses and related equipment, con-structing alternative fuel fueling facilities.modifying existing garage facilities to ac-commodate clean fuel vehicles and assistingin the utilization of biodiesel fuel.

Annual grants to any one recipient arecapped $25 million for recipients in urbanizedareas over one million population and $15million for recipients in urbanized areasunder one million population. Eligible tech-nologies include compressed natural gas(CNG), liquified natural gas (LNG), biodieselfuel, battery, alcohol-based fuel, hybrid elec-tric, fuel cell or other zero emissions tech-nology.

Conference report

Adopts Senate provision.

SEC. 3009. CAPITAL INVESTMENT GRANTS ANDLOANS

House provision

Section 308 makes technical changes tosection 5309.

The section reforms the New Starts eval-uation process and requires the Secretary tomake fiscally constrained recommendationsto Congress. Not more than eight percent ofthe funds made available in each fiscal yearfor new fixed guideway systems and exten-sions to existing systems are available foractivities other than final design and con-struction.

This section also clarifies that the Sec-retary shall consider the age of buses, busfleets, and related equipment and facilitiesin making grants for buses and related facili-ties. This section also provides funding forthe bus testing facility for each of fiscalyears 1998 through 2003. This section requiresthat a certain percentage of the funds madeavailable for bus and bus-related facilities beavailable to carry out the bus technologypilot program and for non-urbanized areas.This section establishes a pilot program forthe testing and deployment of new bus tech-nology.

Senate amendment

Section 5008 amends section 5309(e)(3)(B) toadd the benefits of transit-oriented land useas one of the factors to be considered by theSecretary in reviewing New Starts projects.There is a growing awareness and agree-ments that mass transit investment pro-duces economic benefits, partly through re-duced local infrastructure costs. This changeis intended to reflect the importance of theseconsiderations in evaluating New Starts.

This section similarly amends section5309(m) to limit the amount of New Startsfunding that can be used for purposes otherthan final design and construction to 8 per-cent of amounts made available for this pro-gram.

Conference report

Provisions substantially the same.Houston Regional Bus Plan, Westpark Cor-

ridor.—The conferees note that under exist-ing law, Houston Metro may apply for, andFTA may approve, the transfer of sums pre-

viously appropriated under Metro’s FullFunding Grant Agreement from the develop-ment of the Westpark Corridor HOV facilityto any other section 5309 project, with no ef-fect on any other provisions of the FullFunding Grant Agreement. Accordingly theconferees encourage the Administrator, upona receipt of such a transfer request (if so re-quested by Houston Metro), to work withHouston Metro officials to consider approvalof such request.

SEC. 3010. DOLLAR VALUE OF MOBILITYIMPROVEMENTS

House provision

Section 309 directs the Secretary to studythe dollar value of mobility improvementsand report to Congress on the results.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3011. LOCAL SHARE

House provision

No provision in House bill.Senate amendment

Section 5006 provides that the proceedsfrom the issuance of revenue bonds can beused as a local match.Conference report

Adopts Senate provision with modifica-tion. If the Secretary finds that the oper-ation of this provision benefits the transitoperators, he shall recommend to Congressthat a permanent change in the FederalTransit laws be made no later than the reau-thorization of this Act to make the proceedsfrom the issuance of revenue bonds eligiblefor local share under section 5307 and 5309 oftitle 49. All Federal grant requirementsapply, including the requirement that the re-cipient has the financial capacity to carryout the project.

SEC. 3012. INTELLIGENT TRANSPORTATIONSYSTEMS APPLICATION

House provision

Section 312 makes research grants for fixedguideway technology.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.

SEC. 3013. FORMULA GRANTS AND LOANS FORSPECIAL NEEDS OF ELDERLY INDIVIDUALS ANDINDIVIDUALS WITH DISABILITIES

House provision

Section 310 makes changes.

Senate amendment

No provision in Senate amendment.

Conference report

Adopts House provision.

SEC. 3014. FORMULA PROGRAM FOR OTHER THANURBANIZED AREAS

House provision

Section 311 makes technical changes.

Senate provision

No provision in Senate amendment.

Conference report

Adopts House provision.

SEC. 3015, RESEARCH, DEVELOPMENT,DEMONSTRATIONS, AND TRAINING PROJECTS

House provision

Section 312 makes technical changes. It es-tablishes a program for Joint Partnershipsfor Deployment of Innovation and Inter-national Mass Transportation activities.This section also establishes a mass trans-portation technology development and de-ployment program. It also provides funding

CONGRESSIONAL RECORD — HOUSEH3918 May 22, 1998for the fuel cell transit bus program andmaintenance facility, and establishes an Ad-vanced Technology Pilot Project for the de-velopment of low-speed magnetic levitationtechnology for public transportation.Senate amendment

Section 5011 establishes a Joint Partner-ship Program for Deployment of Innovationto implement major research activities.Conference report

Senate recedes to fuel cell bus, low speedmag lev proposals, and International MassTransportation Program. Conferees adoptJoint Partnership for Deployment of Innova-tion.

SEC. 3016. NATIONAL PLANNING AND RESEARCHPROGRAMS

House provisionSection 313 provides additional funding for

activities to help transit providers complywith the Americans With Disabilities Act.Senate provision

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3017. NATIONAL TRANSIT INSTITUTE

House provisionSection 314 changes the name of the Insti-

tute and expands the list of subjects thatmay be taught at the National Transit Insti-tute.Senate amendment

Senate amendment amends section 5315(a)to add workplace safety to the list of sub-jects that may be taught at the NationalTransit Institute.Conference report

Adopts House and Senate provisions.SEC. 3018. BUS TESTING FACILITIES

House provisionSection 317 clarifies that the Secretary

may enter into either a contract or coopera-tive agreement to operate and maintain thebus testing facility.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3019. BICYCLE FACILITIES

House provisionSection 318 increases the federal share for

bicycle projects that are related to transitenhancement activities.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE

House provisionSection 319 clarifies that the incremental

cost of vehicle-related equipment necessaryfor complying with or maintaining compli-ance with the Clean Air Act is reimbursableat a federal share of 90 percent.

It also provides that the Secretary mayallow a manufacturer or supplier to correctan inadvertent or clerical error in a BuyAmerica Act certification after bid opening.This section encourages coordination in thedesign and delivery of transportation serv-ices among governmental agencies and non-profit organizations that provide such serv-ices. It consolidates certifications requiredby FTA.Senate amendment

Section 5016 requires coordination in pro-viding transportation services among gov-ernmental agencies and nonprofit organiza-tions that receive federal government funds.

Conference reportCoordinated transportation provisions sub-

stantially the same. Adopts House provisionon consolidated certification and on inad-vertent error with modification.SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL

INFRASTRUCTURE INVESTMENT FROM MASSTRANSIT ACCOUNT OF HIGHWAY TRUST FUND

House provisionNo provision.

Senate amendmentSection 5021 permits non-Amtrak states to

use their formula funds for inter-city rail.Conference report

Adopt Senate provision with modificationto establish a pilot program to support Am-trak activities in Oklahoma.

SEC. 3022. CONTRACT REQUIREMENTS

House provisionSection 320 makes technical amendments

relating to contracts.Senate amendment

No provision in Senate.Conference report

Adopts House provision.SEC. 3023. SPECIAL PROCUREMENTS

House provisionSection 321 makes changes to the defini-

tion of a turnkey system project.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3024. PROJECT MANAGEMENT OVERSIGHT

AND REVIEW

House provisionSection 322 clarifies that the Secretary

may provide technical assistance to correctdeficiencies identified as part of projectmanagement oversight.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3025. ADMINISTRATIVE PROCEDURES

House provisionSection 324 authorizes the Senate to col-

lect fees to cover the costs of training andconferences sponsored by the Federal TransitAdministration, and makes technicalchanges to this section.Senate amendment

Section 5017 allows grantees to sell assets,including land, that are acquired with fed-eral funds and to keep the proceeds for use inmass transportation.Conference report

Adopts Senate provision.SEC. 3026. REPORTS AND AUDITS

House provisionSection 325 repeals certain reports that are

no longer necessary.Senate amendment

No provision in Senate amendment.Conference report

Adopts House provision.SEC. 3027. APPORTIONMENT OF APPROPRIATIONS

FOR FORMULA GRANTS

House provisionSection 326 gives urbanized areas with pop-

ulations under 200,000 flexibility to use theirapportionments for either capital or operat-ing expenses and caps the total annualamount at $400 million both operating assist-ance and preventive maintenance.Senate amendment

Section 5019 directs the Secretary, in dis-tributing operating assistance to large urban

areas, to consider the impact of any operat-ing assistance reduction on smaller transitauthorities operating within the area. Thissection retains operating assistance for areasover 200,000 in population.

Conference report

Conferees eliminate the cap on preventivemaintenance and operating assistance, andeliminates operating assistance for areasover 200,000.

SEC. 3028. APPORTIONMENT OF APPROPRIATIONSFOR FIXED GUIDEWAY MODERNIZATION

House provision

Section 327 amends the fixed guidewaymodernization formula.

Senate amendment

Section 5019 amends the fixed guidewaymodernization formula.

Conference report

Senate amendment modified on the floor.Conferees adopt compromise formula alloca-tion.

SEC. 3029. AUTHORIZATIONS

House provision

Section 328 provides authorizations for thetransit programs.

Senate amendment

Section 5002 provides authorizations forthe transit programs.

Conference report

Adopts House provision.It is the intent of the Conferees that au-

thorizations for Budget Authority in 49 USC5338(h), as amended by this section shall bescored against current discretionary spend-ing limits and not the Mass transit categoryestablished by Title VIII of this Act.

SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAYSYSTEMS AND EXTENSIONS TO EXISTING SYS-TEMS

House provision

Section 332 authorizes New Starts projects.

Senate amendment

No provision in Senate amendment.

Conference report

Senate adopts House provision.New Orleans Canal Street—The Federal

Transit Administration shall establish andcredit as local share a value of the ‘‘neutralground’’ (median strip), which will be uti-lized by the project as the right of way, anamount equal to 50% of the appraised aver-age value of the adjacent property.

Dulles Corridor—The Dulles Corridorproject is for the preliminary engineering,design and construction of the locally pre-ferred alternative along the Dulles Corridorin the Washington D.C. metropolitan areaand may include construction of a bus rapidtransit system and preliminary engineeringand design of other fixed guideway systemsto serve the needs of the corridor.

Westlake Commuter Rail—The project au-thorized in this section includes 8 rail cars.

SEC. 3031. PROJECTS FOR BUS AND BUS-RELATEDFACILITIES

House provision

Section 333 authorizes bus and bus-facili-ties projects.

Senate amendment

No provision in Senate amendment.

Conference report

Senate adopts House provision.

SEC. 3032. CONTRACTING OUT STUDY

House report

Section 335 directs the Secretary to enterinto an agreement with the TransportationResearch Board of the National Academy ofSciences to conduct a study of the effect of

CONGRESSIONAL RECORD — HOUSE H3919May 22, 1998privatization or contracting out mass trans-portation services.

Senate amendment

No provision in Senate amendment.

Conference report

Adopts House provision. Funding for thestudy is $200,000. The additional $50,000 isavailable for administrative expenses associ-ated with the study.

SEC. 3033. URBANIZED AREA FORMULA STUDY

House provision

Section 337 directs the Secretary to con-duct a study on whether the current formulafor apportioning funds to urbanized areas re-flects the transit needs of the urbanizedareas.

Senate amendment

Section 5020 directs the Secretary to con-duct a study on the current urbanized areaformula to determine whether changes in ap-portioning formula funds are needed forsmall urban areas with populations under200,000.

Conference report

Adopts both House and Senate provisions.

SEC. 3034. COORDINATED TRANSPORTATIONSERVICES

House provision

Section 338 directs the Comptroller Gen-eral to conduct a study of Federal depart-ments and agencies other than the Depart-ment of Transportation that receive federalfinancial assistance for non-emergencytransportation services.

Senate amendment

No provision in Senate amendment.

Conference agreement

Adopts House provision.

SEC. 3035. FINAL ASSEMBLY OF BUSES

House provision

Section 339 directs the Comptroller Gen-eral to review the Federal Transit Adminis-tration’s monitoring of pre-award and post-delivery audits for compliance with the re-quirements of final assembly of buses undersection 5323(j).

Senate amendment

No provision in Senate amendment.

Conference agreement

House recedes. Provision adopted that re-quires compliance with final assembly re-quirements by a date certain.

SEC. 3036. CLEAN FUEL VEHICLES

House provision

Section 340 directs the Comptroller Gen-eral to study the various low and zero emis-sion fuel technologies for transit vehicles.

Senate provision

No provision in Senate amendment.

Conference report

Adopt House provision.

SEC. 3037. JOB ACCESS AND REVERSE COMMUTEGRANTS

House provision

Section 330 establishes an Access to Jobspilot program to fund the transportation ofwelfare recipients to and from jobs and job-related activities.

Senate amendment

Section 5014 establishes an Access to Jobsand Reverse Commute program to assist wel-fare recipients and other low-income individ-uals get to and from jobs.

Sixty percent of funds appropriated underthis program must be awarded to projects inlarge urbanized areas, 20 percent to projectsin small urbanized areas, and 20 percent toprojects in non-urbanized areas, 20 percent to

projects in small urbanized areas, and 20 per-cent to projects in non-urbanized areas.Grants require a 50 percent local match.Other federal funds, notably those providedthrough programs at the Department ofHealth and Human Services, may be used tomeet the matching requirements.

Under this section, private transportationproviders are eligible to submit proposalswith states, local governments, and non-profit organizations for grants under thissection. In addition, under this section, aprivate transportation provider shall also beconsidered an existing transportation serviceprovider when the requirements of the sec-tion are met.Conference report

Adopts Senate provision with modifica-tion. The conferees anticipate that thisgrant program will encourage recipients toimplement long-term and self-sustainingplans to address the transportation needs ofwelfare recipients and eligible low-incomeindividuals who live in areas devoid of jobopportunities.

SEC. 3038. RURAL TRANSPORTATIONACCESSIBILITY INCENTIVE PROGRAM

House provision

No provision in House bill.Senate amendment

No provision in Senate amendment.Conference report

Adopts provision making available fundsto finance the incremental cost of complyingwith the Department of Transportation’sfinal rule regarding accessibility of over-the-road buses.

SEC. 3039. STUDY OF TRANSIT NEEDS INNATIONAL PARKS AND RELATED PUBLIC LANDS

House provision

No provision in House bill.Senate amendment

No provision in Senate amendment.Conference report

Adopts provision directing the Secretary ofTransportation, in consultation with theSecretary of the Interior, to study transitneeds in national parks.

SEC. 3040. OBLIGATION LIMITATIONS

House provision

Section 329 sets obligation limitations forthe transit programs.

Senate amendment

No provision in Senate amendment.

SEC. 3041. ADJUSTMENTS FOR THE SURFACETRANSPORTATION EXTENSION ACT

House provision

Section 331 directs the Secretary to reduce1998 apportionments and allocations to ac-count for the six months of funding alreadyapportioned and allocated pursuant to theSurface Transportation Extension Act.

Senate amendment

No provision in Senate amendment.

Conference report

Adopts House provision.

TITLE IV—MOTOR CARRIER SAFETY

SEC. 4001. AMENDMENTS TO TITLE 49, UNITEDSTATES CODE

House bill

Section 401 provides that, except as other-wise specifically provided, an amendment orrepeal of a section or provision of law in thistitle shall be a reference to a section orother provision of title 49, United StatesCode.

Senate amendment

The Senate amendment includes an equiv-alent provision (Sec. 3002).

Conference substituteThe conference adopts the House provision.

SEC. 4002. STATEMENT OF PURPOSES

House billSection 402 (a) provides for national objec-

tives for the motor carrier safety grant pro-gram, including promoting safety, develop-ing and enforcing effective and cost-bene-ficial safety regulations, assessing and meas-uring performance, ensuring adequate train-ing of drivers and enforcement personnel,and advancing new technologies and safeoperational practices.Senate amendment

Section 3401 proposes to establish a state-ment of descriptive purposes of the MotorCarrier Safety Act. These purposes are to:improve commercial motor vehicle and driv-er safety; facilitate the ability to focus re-sources on strategic safety investments; in-crease administrative flexibility; strengthenenforcement activities; invest in activitiesrelated to areas of the greatest crash reduc-tion; identify high risk carriers and drivers;and, improve information and analysis sys-tems.Conference substitute

The conference adopts the ‘‘statement ofpurposes’’ approach as outlined in the Senateprovision and incorporates descriptive provi-sions from both bills.

SEC. 4003. STATE GRANTS

House billSubsection (a) of Sec. 402 amends section

31101 to revise the definition of ‘‘commercialmotor vehicle’’ to include vehicles with agross vehicle weight of at least 10,001 pounds(in addition to the gross vehicle weight rat-ing).

Subsection (b) amends section 31102 to in-clude reference to the ‘‘improvement’’ ofmotor carrier safety and includes referencesto hazardous materials transportation safetyas a part of the state grant programs.

Subsection (c) amends section 31102(b)(1) ofmake technical changes in the state plansrequired as a condition of receiving federalmotor carrier safety grants. Requirementsthat the state plan implement performance-based activities by fiscal year 2003, thatStates establish programs to ensure properand timely correction of safety violations,and that States ensure roadside inspectionsare done at a safe distance from the roadwayare added.

Subsection (d) amends section 31102 to in-clude a reference to improving commercialvehicle safety, in addition to enforing regu-lations, as activities eligible forreimbusement.

Subsection (e) amends section 31104(a) toprovide annual authorization for federalmotor carrier safety grants. In fiscal year1998, $78 million is provided; in fiscal year1999, $110 million is provided; and in each offiscal years 2000 through 2003, $130 million isprovided.

Subsection (f) amends section 31104(b) todelete an outdated provision.

Subsection (g) amends section 31104(f) toprovide that the Secretary shall allocateamounts to States with approved state plansand shall determine criteria for allocation.The Secretary may designate up to 5 percentof funds made available under the stategrant program for reimbursement of Stateand local government high priority activi-ties which improve commercial vehicle safe-ty. Section 31104(g) is deleted to providegreater flexibility to states in activities tobe funded with federal safety grants. Othertechnical and conforming changes are made.

Subsection (h) makes a conforming amend-ment to the table of sections for chapter 311.Senate amendment

Sections 3402–3404 of the Senate bill con-tain similar provisions. Section 3402 provides

CONGRESSIONAL RECORD — HOUSEH3920 May 22, 1998that states implement by 2000 performance-based motor carrier safety components inthe motor carrier safety assistance program(MCSAP) plans they submit to the Depart-ment of Transportation (DOT). The sectionfurther requires DOT to ensure that: Statemotor carrier safety programs are consist-ent, effective, and contain reasonable sanc-tions; data collection and information sys-tems are coordinated with State highwaysafety programs; and, the participation inSAFETYNET by all jurisdictions receivingmotor carrier safety assistance grant funds.

Section 3403 allows motor carrier safety as-sistance grants to be used to enforce rulesaimed at improving hazardous materialstransportation safety.

Section 3404(a) amends section 31104(a) toprovide annual authorizations for federalmotor carrier safety grants. The funding lev-els authorized are: $80 million for fiscal year1998; $100 million for fiscal year 1999; $97 mil-lion for fiscal year 2000; $94 million for fiscalyear 2001; and, $90.5 million in fiscal years2002 and 2003.

Section 3404(c) amends section 31104(f) toprovide that the Secretary shall allocateamounts to States with approved state plansand shall determine the criteria for alloca-tion. The Secretary may designate up to 5percent of funds made available under thestate grant program for reimbursement ofState and local government high priority ac-tivities which improve commercial vehiclesafety. Section 31104(g) is deleted to providegreater flexibility to states in activities tobe funded with federal safety grants. Othertechnical and conforming changes are made.

Conference substitute

The conference adopts the House approach,with modifications. The conference includesthe Senate provision for states to implementperformance-based MCSAP plans by 2000.The conference accepts the House bill’s con-cept that States ensure roadside inspectionsare performed at a safe distance from theroadway, but substitutes the word ‘‘loca-tion’’ for clarification. The conference au-thorizes the following funding levels for theprogram: $79 million for fiscal year 1998; $90million for fiscal year 1999; $95 million forfiscal year 2000; $100 million for fiscal year2001; $105 million for fiscal year 2002; and,$110 million for fiscal year 2003. The con-ference agreement modifies the High Prior-ity and Border discretionary programs by al-lowing the Secretary to designate up to 5percent of MCSAP funds for States, localgovernments, and other persons for carryingout activities and programs that improvecommercial motor vehicle safety and compli-ance with safety regulations. A similar des-ignation is permitted for States, local gov-ernments, and other persons to carry outborder commercial motor vehicle safety pro-grams and enforcement activities andprojects.

SEC. 4004. INFORMATION SYSTEMS

House bill

Subsection (a) of Section 403 replaces thecurrent section 31106 to provide greater au-thority and flexibility to the Secretary in es-tablishing and operating motor carrier, com-mercial motor vehicle, and driver informa-tion systems and data analysis programs tosupport safety activities. The Secretaryshall work in coordination with the States indeveloping and maintaining systems whichidentify and collect data; evaluate the safetyfitness of carriers, vehicles, and drivers; de-velop strategies to mitigate safety problemsand measure effectiveness; determine cost-effectiveness of Federal and State safety pro-grams; and adapt, improve and incorporateother information and systems as deter-mined appropriate. The Secretary may pre-

scribe technical and operational standards.The Secretary is directed to include as partof the information systems authorized, aclearinghouse and repository of informationrelated to State registration and licensing ofcommercial motor vehicles and the motorcarriers operating the vehicles. The Sec-retary is authorized to establish a programto improve commercial motor vehicle driv-ing safety to enhance the exchange of driverlicensing information, provide informationto the judicial system on drivers, and de-velop strategies and countermeasures to im-prove driver safety. This section includesprovisions relating to cooperative agree-ments, grants and contracts and sets forththe availability of information collected inthe systems to States, local officials, and thepublic.

The current section 31107, an outdated pro-vision, is deleted and replaced with author-izations for the information systems undersection 31106. In fiscal year 1998, $7 million isprovided; in fiscal year 1999, $15 million isprovided; and in each of fiscal years 2000through 2003, $20 million is provided. Othertechnical and conforming amendments totitle 49 are made.Senate amendment

Section 3405 substitutes the existing Com-mercial Motor Vehicle information systemwith a new information system. The sectionrequires the new information network to becapable of identifying motor carriers anddrivers, tracking commercial motor vehicleregistration and commercial motor vehicledriver licensing, and providing motor carrierand driver safety performance data. The sec-tion requires the system to have the capabil-ity to utilize the information in order to de-velop strategies to address safety problemsand to measure the effectiveness of thosestrategies. The section further requires theSecretary to prescribe technical and oper-ation standards to ensure the uniform, time-ly and accurate information collection andreporting by the States.

This section also authorizes the Secretaryto establish a commercial motor vehiclesafety program that enhances the exchangeof driver licensing information, provides in-formation to the judicial system on the pro-gram, and evaluates appropriate driver per-formance and safety aspects. The sectionpermits the Secretary to enter into agree-ments with other Federal agencies and otherparties to carry out the new information andcommercial motor vehicle safety program.Conference substitute

The conference merges the House and Sen-ate language on the information systems anddata analysis program elements. The con-ference requires the Secretary to prescribetechnical and operational standards to en-sure uniform, timely, and accurate informa-tion collection and reporting by the Statesand other entities. The conference authorizesassistance to help States develop or imple-ment the information systems establishedunder the section. The conference authorizesthe following funding levels for the informa-tion systems and data analysis program: $6million for fiscal year 1998; $10 million foreach of fiscal years 1999 and 2000; $12 millionfor each of fiscal years 2001 and 2002; and, $15million for fiscal year 2003. The conferencefurther authorizes the Secretary to allocateup to 50 percent of the authorized funding toestablish the information clearinghouse di-rected under this section, and encourages theSecretary to focus its resources on assistingthose states that have not previously re-ceived such assistance to develop or imple-ment information systems.

The conference is providing separate fund-ing for information systems and analysis be-cause they are critical to the successful

adoption of performance-based regulationsand oversight. The Secretary should ensurethat the data in these systems is accurateand timely. In addition, the conference ex-pects the Secretary to develop systems thatare linked, providing complete informationrapidly to inspectors and safety officers.

Finally, while the conference recognizesthe benefits such information systems canprovide, the conference also recognizes theneed for safeguards to protect individualsand companies’ privacy. Therefore, the Sec-retary should carefully develop the informa-tion availability policy called for in the newsubsection (e).

SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED

House bill

Section 404 amends section 31111(a) to de-fine ‘‘automobile transporter’’ as any vehiclecombination designed and used specificallyfor the transport of assembled highway vehi-cles.

Senate amendment

The Senate amendment includes a similarprovision. Section 3410 defines automobiletransporter to mean any vehicle combina-tion designed and used specifically for thetransport of assembled highway vehicles, in-cluding truck camper units.

Conference substitute

The conference adopts the Senate provi-sion. The conference notes that the phrase‘‘truck camper units’’ is defined in the ANSIA119.2/NFPA 501C standard on recreationalvehicles as ‘‘a portable unit constructed toprovide temporary living quarters for rec-reational, travel, or camping use, consistingof a roof, floor, and sides, designed to beloaded onto and unloaded from the bed of apickup truck’’ (1996 edition).

SEC. 4006. INSPECTIONS AND REPORTS

House bill

Subsection (a) amends section 31133(a)(1) toallow the Secretary to make contracts forinspections and investigations.

Subsection (b) amends section 504 to allowa contractor, designated by the Secretary, tomake inspections of equipment of a carrierand make inspections of records of carriers.

Senate amendment

Section 3411 of the Senate amendment pro-vides for an identical provision.

Conference substitute

The conference adopts the provision.

SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOTPROGRAMS

House bill

Section 406 establishes a new process forgranting regulatory exemptions, coupledwith a process for the Secretary to carry outpilot programs. Subsection (a) replaces thecurrent waiver authority in section 31315with a new provision relating to authorityand standards for exemptions (to replacewaiver authority provided in section 31136(e)and 31315) and pilot programs.

New subsection 31315(a) provides that theSecretary may grant to a person or class ofpersons a temporary exemption from regula-tions issued under chapter 313 or section31136 if the Secretary finds such exemptionwould likely achieve a level of safety equalto or greater than the level that would beachieved absent such exemption. Exemptionsshall be for a 2-year period and may be re-newed. An exemption may be revoked if theterms and conditions are not met or if theexemption is not consistent with safetygoals. The Secretary shall specify by regula-tion the procedures for requesting exemp-tions, but certain minimum requirementsare set forth. Requests for exemptions shallbe published in the Federal Register and the

CONGRESSIONAL RECORD — HOUSE H3921May 22, 1998public shall be given an opportunity to com-ment. Any exemptions granted shall be pub-lished in the Federal Register, along withterms and conditions of the exemption andeffective period. Any exemptions deniedshall be published in the Federal Register,with the reasons for denial. The Secretaryshall act on each exemption request within180 days or shall publish in the Federal Reg-ister why the decision will be delayed and anestimate of when the decision will be made.Terms and conditions of an exemption maybe specified and appropriate state compli-ance and enforcement personnel shall be no-tified of an exemption provided.

New subsection 31315(b) provides authorityto the Secretary to conduct pilot programsto evaluate innovative approaches to motorcarrier, vehicle, and driver safety. Pilotsmay include exemptions from regulations.Proposed pilot programs shall be publishedin the Federal Register and the public shallbe given an opportunity to comment. Certainminimum program elements for pilot pro-grams are specified. The Secretary may re-voke participation in or terminate a pilotprogram. A report shall be issued to Con-gress at the conclusion of each pilot pro-gram.

New subsection 31315(c) provides that, dur-ing the time period an exemption or pilotprogram is in effect, no State shall enforce alaw or regulation that conflicts with or is in-consistent with an exemption or pilot pro-gram with respect to a person exercising theexemption or participating in the pilot pro-gram.

Subsections (b) and (c) make conformingamendments.Senate amendment

Section 3421 authorizes the Secretary toinitiate programs to examine innovative ap-proaches or alternatives to certain commer-cial motor carrier safety regulations. Thissection provides the Secretary broader dis-cretion to grant waivers and exemptionsfrom motor carrier and driver safety regula-tions which are necessary to develop per-formance based regulations and evaluate theeffectiveness of existing regulations.

This section recognizes that revising thewaiver provisions in Section 31136 of Sub-chapter III, Safety Regulations and Section31315 of Chapter 313, Commercial Motor Vehi-cle Operators is necessary because of thestrict interpretation given to section 31136(e)by the D.C. Circuit Court of AppealsinllAHAS v. FHWA,ll28 F.3d 1288 (1994),limiting the ability of the Secretary to issuewaivers and exemptions. The Court foundthat the statutory language required theSecretary to determine, before issuing anywaiver, that no diminution in safety wouldresult, i.e., that it be determined beforehandthere would be absolutely no increase incrashes as a result of the waivers. To dealwith the decision, this section substitutesthe term ‘‘equivalent’’ to describe a reason-able expectation that safety will not be com-promised. In the absence of greater discre-tion to deal with waivers and exemptionsand a new standard by which to judge them,the Congress would continue to be the onlysource to provide regulatory exemptions.

The National Highway System DesignationAct of 1995 (NHS) required the establishmentof criteria and a program to grant and mon-itor exemptions from a broad range of safetyregulations for commercial vehicles over10,000 pounds but less than 26,000 pounds.This approach is a model for the exemptionpilot program established by this section.The new waiver and exemption provision re-quires the Secretary to issue regulationsthat will outline a process for issuing waiv-ers, procedures for conducting pilot projectsor demonstration programs to evaluate the

safety performance of a regulation or part ofa regulation, and conditions under which ex-emptions from motor carrier safety regula-tions will be considered.

This section distinguishes between theterms ‘‘waiver’’ and ‘‘exemption,’’ primarilyby scope and duration. It provides the Sec-retary the authority to: issue a waiver for arelatively short term, for a specific purposeto a particular person or group of persons,under conditions defined in the waivers (e.g.,circus vehicles under escort from railhead toexhibition site for the duration of the ap-pearance); issue an exemption for up to twoyears, with a renewable two-year feature,limited to a class of persons, vehicles or cir-cumstances (e.g., relief from certain require-ments for well-defined operations with lowrisk histories and alternative managementcontrols); and perform pilot projects or dem-onstration projects, using either a waiver orexemption or combination, to examinewhether alternatives to regulatory require-ments, particularly record keeping, are as ef-fective in producing safety benefits.

This section permits the Secretary togrant a waiver without advance public no-tice, but a record would have to be main-tained. An exemption may be granted afternotice and opportunity for comment and ei-ther a safety demonstration project or safetyanalysis was performed. The Secretary couldinitiate pilot projects or demonstration pro-grams to examine whether a new require-ment should become a regulation, whetherperformance under existing regulations is ef-fective in producing the desired safety re-sult, and whether alternative methods canproduce the same safety benefit with lessregulatory burden. Before any pilot projector demonstration program is undertaken, no-tice and opportunity for comment must begiven to the public. It is expected the Sec-retary would issue regulations to providethat safety would be the primary consider-ation in deciding whether any waiver or ex-emption should be issued, or any pilot pro-gram initiated.Conference substitute

The conference adopts a compromise provi-sion, which includes basic provisions of boththe House and Senate bills.

Subsection (a) authorizes the Secretary togrant regulatory waivers if such actionwould be in the public interest and a level ofsafety is expected to be achieved that isequivalent to or greater than the level ofsafety obtained under regulatory compli-ance. A waiver would not be permitted to begranted beyond a 3 month period, must belimited in scope and circumstances for spe-cial, non-emergency situations, and could in-clude conditions as deemed appropriate bythe Secretary. The conference expects theSecretary would issue guidelines to providefor a reasonable process under which waiversmay be requested and considered.

Subsection (b) authorizes the Secretary togrant regulatory exemptions and Subsection(c) authorizes the Secretary to conduct pilotprograms to evaluate innovative approachesand alternatives to regulations.

The conference acknowledges that manymotor carrier groups have sought statutoryexemptions during the development of thislegislation and such requests should be con-sidered by the Secretary after evaluatingtheir merits under this provision. The con-ferees believe the pilots authorized underthis section should include a reasonablenumber of participants to enable the Sec-retary to assess the safety impact of the pi-lots’ results.

The conference expects the Secretary touse this authority judiciously. Pilot pro-grams should be carefully designed and im-plemented to both protect the participants

and the public, while yielding useful infor-mation to support future rulemaking pro-ceedings and improve the efficiency of over-sight activities.

SEC. 4008. SAFETY REGULATION

House bill

Subsection (a) of Section 407 amends sec-tion 31132(1)(A) to include in the definition ofcommercial motor vehicle those vehicleswith a gross vehicle weight of at least 10,001pounds (in addition to those vehicles whichhave such a rating). Section 31132(1)(B) isamended to refer to vehicles designed tocarry 8 passengers, including the driver.

Subsection (b) deletes section 31134 relat-ing to the Commercial Motor Vehicle SafetyRegulatory Review Panel which has com-pleted it responsibilities.

Subsection (c) deletes section 31140 relat-ing to the Commercial Motor Vehicle SafetyRegulatory Review Panel and its review ofState laws and regulations.

Subsection (d) amends section 31141 to de-lete references to the Commercial Motor Ve-hicle Safety Regulatory Review Panel andmakes conforming and technical changes tothe review of State laws and regulations bythe Secretary.

Subsections (e) and (f) make technicalamendments to section 31142.Senate amendment

The Senate amendment includes similarprovisions. Section 3411(f) amends the defini-tion of commercial motor vehicle in Section31132(1) of title 49, U.S.C., to include vehicleswith a gross vehicle weight of at least 10,001pounds (in addition to the gross vehicleweight rating).

Section 3411(a) repeals the current reviewpanel process that reviews state laws forcompatibility with Federal commercialmotor vehicle safety regulations. Section3411(b) repeals the panel procedures and re-places them with a review process to be ad-ministered by the Secretary.Conference substitute

The conference follows the House ap-proach.

SEC. 4009. SAFETY FITNESS

House bill

Subsection (a) of Section 419 of the Housebill amends section 31144 to revise proceduresand provisions relating to safety fitness de-terminations of owners and operators. TheSecretary is directed to determine whetherowners and operators are fit to safely oper-ate commercial motor vehicles, periodicallyupdate determinations, make the determina-tions available to the public, and prescribeby regulation penalties for violations. TheSecretary is to maintain by regulation aprocess to determine fitness.

An owner or operator who the Secretarydetermines is not fit may not operate com-mercial motor vehicles in interstate com-merce beginning on the 61st day after thedate of such fitness determination and untilthe Secretary determines the owner or oper-ator is fit.

In the case of those transporting pas-sengers or hazardous materials, an owner oroperator who the Secretary determines isnot fit may not operate in interstate com-merce beginning on the 46th day after thedate of such fitness determination and untilthe Secretary determines the owner or oper-ator is fit.

With the exception of those transportingpassengers or hazardous materials, the Sec-retary may allow an owner or operator tocontinue to operate beyond the 61st day ifthe owner or operator is making a good faitheffort to become fit.

The Secretary must review the determina-tion that an owner or operator is unfit not

CONGRESSIONAL RECORD — HOUSEH3922 May 22, 1998later than 45 days after the unfit owner oroperator requests a review, and within 30days in the case of owners or operatorstransporting passengers or hazardous mate-rials.

A department, agency, or instrumentalityof the U.S. Government may not use to pro-vide any transportation service an owner oroperator determined unfit by the Secretary,until the Secretary determines such owneror operator is fit.

Subsection (b) makes a conforming amend-ment to section 5113 of title 49.Senate amendment

Section 3411(d) directs the Secretary tomaintain in regulation a procedure for deter-mining the safety fitness of owners and oper-ators of commercial motor vehicles. The sec-tion requires the procedures to include therequirements that owners and operators ofcommercial motor vehicles must meet todemonstrate safety fitness; a means used todecide whether the owners, operators, orother persons meet safety fitness require-ments; and deadlines for action by the Sec-retary in making fitness determinations.Subsection (d) prohibits a motor carrier thatfails to meet the safety fitness requirementsestablished by the Secretary from operatingin interstate commerce. The subsection per-mits the Secretary to extend the time limitgranted for a motor carrier to come intocompliance after a determination that themotor carrier fails to meet safety fitness re-quirements.Conference substitute

The conference follows the House ap-proach. The conference requires the Sec-retary to periodically update safety fitnessdeterminations of owners and operators andto make such final safety fitness determina-tions readily available to the public. Thepublication of final safety fitness determina-tions does not preclude the ability of theSecretary to review the safety fitness ofowners and operators. However, the con-ference would not expect preliminary dataanalysis or preliminary safety fitness infor-mation to be publicly available.

SECTION 4010. REPEAL OF CERTAIN OBSOLETEMISCELLANEOUS AUTHORITIES

House billSection 409 repeals subchapter IV (sections

31161 and 31162) which are unnecessary andburdensome provisions.Senate amendment

The Senate bill includes an equivalent pro-vision (Sec. 3411(c)(2)).Conference substitute

The conference adopts the provision.SECTION 4011. COMMERCIAL VEHICLE OPERATORS

House billSubsection (a) of Section 410 amends the

definition of commercial motor vehicle insection 31301 to include vehicles with a grossvehicle weight of at least 26,001 pounds (inaddition to gross vehicle weight rating).

Subsection (b) amends section 31302 toclarify that an individual may operate com-mercial motor vehicle only if the individualhas a valid commercial driver’s license(CDL) and that an operator may have onlyone driver’s license at any time.

Subsection (c) amends section 31308(2) torequire that CDLs must include unique iden-tifiers to minimize fraud and duplication.

Subsection (d) amends section 31309 toclarify that the commercial drivers licenseinformation system is maintained by theSecretary and shall be maintained in coordi-nation with activities carried out under sec-tion 31106. Certain other clarifying and tech-nical amendments are made.

Subsection (e) repeals obsolete state grantprograms regarding testing and licensing ofcommercial vehicle drivers.

Senate amendment

The provisions are similar. Section3212(f)(1) amends the definition of commer-cial motor vehicle in each place it appears insection 31301 to include vehicles with a grossvehicle weight of at least 26,001 pounds (inaddition to gross vehicle weight rating).

Section 3212(f)(2) inserts the word ‘‘is’’ attwo places section 31301 subparagraph (C).

Section 3416(b) amends the definition withrespect to motor carriers of passengers andsection 3416(c) provides that regulationswould apply to such carriers 12 months afterthe date of enactment, unless the Secretarydetermines it would be appropriate to ex-empt them.Conference substitute

The conference adopts the House approach.SEC. 4012. UTILITY SERVICE COMMERCIAL MOTOR

VEHICLE DRIVERS

House bill

The House bill contains no comparable pro-vision.Senate amendment

Section 3424 provides a process for anemergency exemption to allow utility driv-ers to serve customers during times of emer-gencies declared by elected State or local of-ficials and provides for monitoring of anysafety impacts associated with such exemp-tions.Conference substitute

The conference adopts the Senate provi-sion.SEC. 4013. PARTICIPATION IN INTERNATIONAL

REGISTRATION PLAN AND INTERNATIONALFUEL TAX AGREEMENT

House bill

Section 413 of the House bill repeals obso-lete sections of chapter 317 (sections 31702,31703, and 31708) relating to a working groupand grants to encourage participation in theInternational Fuel Tax Agreement and Inter-national Registration Plan.Senate amendment

Section 3414 of the Senate bill is identicalto the House provision.Conference substitute

The conference adopts the provision.SEC. 4014. SAFETY PERFORMANCE HISTORY OF

DRIVERS; LIMITATION ON LIABILITY

House bill

No comparable provision.

Senate amendment

Section 3412(g) of the Senate bill amendsChapter 5 of Title 49, United States Code.The provision bars an action for defamation,invasion of privacy, or interference with acontract that is based on the furnishing oruse of safety performance records of an indi-vidual under consideration for employmentas a commercial motor vehicle driveragainst a person who has complied with sucha request or his agents or insurers. The bardoes not apply to a motor carrier requestingthe records unless the motor carrier, the per-son complying with the request and theiragents have taken all precautions reasonablynecessary to ensure the accuracy of therecords and to protect the records from dis-closure to any person, except for their insur-ers, not directly involved in forwarding therecords or deciding whether to hire that indi-vidual, and complied fully with all the regu-lations issued by the Secretary of Transpor-tation in using and furnishing the records.

The bar also does not apply to a personcomplying with a request unless the motorcarrier requesting the records, the comply-ing person, and their agents have taken allreasonably necessary precautions to ensurethe accuracy of the records and to protect

the records from disclosure to any person,except for their insurers, not directly in-volved in forwarding the records or decidingwhether to hire that individual.

State and local law is preempted to the ex-tent that it prohibits, penalizes, or imposesliability for furnishing or using safety per-formance records in accordance with regula-tions issued by the Secretary.Conference substitute

The conference adopts the Senate provi-sion with modification. The conferenceagreement adds a requirement that as a partof the rulemaking the Secretary is conduct-ing under section 114 of the Hazardous Mate-rials Transportation Authorization Act of1994 (108 Stat. 1677–1678) to amend Section391.23 of title 49, Code of Federal Regula-tions, that the Secretary provide protectionfor driver privacy and establish proceduresfor review, correction, and rebuttal of thesafety performance records of a driver. Theconference further directs the Secretary tocomplete the rulemaking by January 31,1999. The liability waiver will become effec-tive on the same date.

SEC. 4015. PENALTIES

House billNo comparable provision.

Senate amendmentSection 3412 of the Senate bill amends sec-

tion 521 of Title 49, United States Code. Thissection excepts from the penalties provisionof section 521(b)(1) ‘‘reporting and recordkeeping violations’’. This section alsostrikes ‘‘fix a reasonable time for abatementof the violation’’ from subparagraph (A).

Section 521(b)(2) is amended by deleting‘‘reckless disregard’’ and ‘‘gross negligence’’from the liability standard for the penaltysection.

A new subsection (B) is added entitled‘‘Recordkeeping and Reporting Violations’’which specifies penalties for such violations.Conference substitute

The conference adopts the Senate provi-sion.

SEC. 4016. AUTHORITY OVER CHARTER BUSTRANSPORTATION

House billNo comparable provision.

Senate amendmentSection 3417 of the Senate bill amends Sec-

tion 14501(a) of Title 49, United States Code.The provision strikes the authority of thestates to regulate intrastate and interstatecharter bus transportation.Conference substitute

The conference adopts the Senate provi-sion with modification. A clarifying provi-sion is included to ensure that states maycontinue to regulate safety with respect tomotor vehicles and to impose highway routecontrols or limitations based on the size orweight of the motor vehicle or with regard tominimum amounts of financial responsibil-ity relating to insurance requirements. Theconference also notes that the provision doesnot limit a State’s ability to regulate taxi-cab service or limousine livery service.SEC. 4017. TELEPHONE HOTLINE FOR REPORTING

SAFETY VIOLATIONS

House billSubsection (a) of Section 414 directs the

Secretary to establish, for a period of atleast 2 years, a nationwide, toll-free tele-phone system to be used by drivers of com-mercial motor vehicles and others to reportpotential violations of Federal motor carriersafety regulations and other laws and regula-tions relating to safety.

Subsection (b) provides that informationreceived shall be used in setting prioritiesfor safety audits and other enforcement ac-tivities.

CONGRESSIONAL RECORD — HOUSE H3923May 22, 1998Subsection (c) provides that a person re-

porting a potential violation shall be pro-vided the protections of section 31105.

Subsection (d) provides that up to $300,000from administrative expenses may be usedper fiscal year to carry out this section.Senate amendment

No comparable provision.Conference substitute

The conference adopts the House provisionwith minor modifications and authorizes theSecretary to spend no more than $250,000 offunding available for general operating ex-penses in any fiscal year to carry out this di-rective.SEC. 4018. INSULIN TREATED DIABETES MELLITUS

STUDY

House billSubsection (a) of Section 415 directs the

Secretary of Transportation to determinewithin 18 months whether a safe, practicableand cost-effective screening, operating, andmonitoring protocol could likely be devel-oped for insulin treated diabetes mellitus in-dividuals who want to operate commercialmotor vehicles in interstate commerce thatwould ensure a level of safety equal or great-er than that achieved with the current prohi-bition on such drivers.

Subsection (b) directs the Secretary tocompile and evaluate research and other in-formation, to consult with States who havedeveloped and are implementing a screeningprocess, to evaluate the Department’s policyand actions to permit individuals with insu-lin treated diabetes mellitus to operate inother modes of transportation, and to con-sult with certain groups.

Subsection (c) directs that, if it is deter-mined that a protocol can be developed, theSecretary shall report to Congress the basisfor such determination.

Subsection (d) directs that, if it is deter-mined that a protocol can be developed, theSecretary shall report to Congress on theelements to be included in such a protocoland promptly initiate a rulemaking imple-menting the protocol.Senate amendment

No comparable provision.Conference substitute

The conference adopts the House provisionwith the addition of a requirement that theSecretary of Transportation also assess anylegal consequences of permitting insulintreated diabetes mellitus individuals to drivecommercial motor vehicles in interstatecommerce. The standard in subsection (a) isintended to ensure that insulin treated dia-betes mellitus individuals be held to a levelof safety comparable to that required ofother qualified commercial drivers and notto a higher standard.

SEC. 4019. PERFORMANCE-BASED CDL TESTING

House billSubsection (a) of Section 416 directs the

Secretary of Transportation to review theprocedures established and implemented byStates for testing operators of commercialmotor vehicles to determine if the systemaccurately reflects an individual’s knowl-edge and skills as a commercial motor vehi-cle operator and to identify methods to im-prove testing and licensing standards, in-cluding the benefits and costs of a graduatedlicensing system.

Subsection (b) provides that, not laterthan one year following such review, theSecretary shall issue regulations under sec-tion 31305 of title 49, relating to CDLs whichreflect the results of the review.Senate amendment

Section 3412 amends Section 31305(a) bygiving the Secretary of Transportation the

authority to establish performance-basedtesting and licensing standards that moreaccurately measure and reflect an individ-ual’s knowledge and skills as an operator.Conference substitute

The conference adopts the House provision.SEC. 4020. POST-ACCIDENT ALCOHOL TESTING

House billSection 417 requires the Secretary to con-

duct a study of the feasibility of utilizingemergency responders and law enforcementofficers for conducting post-accident alcoholtesting of commercial motor vehicle opera-tors under section 31306 of title 49, UnitedStates Code.Senate amendment

No comparable provision.Conference substitute

The conference adopts the House provisionwith modification. The modifications requirethe study to address the feasibility of utiliz-ing law enforcement officers for conductingpost-accident alcohol testing, as well as theability of motor carrier employers to meetthe current post-accident alcohol testing re-quirements imposed under section 31306. Thereference in the House provision to ‘‘emer-gency responders’’ is deleted from the studyrequirements.

SEC. 4021. DRIVER FATIGUE

House billSubsection (a) of Section 418 directs the

Secretary, as part of ongoing activities re-lating to fatigue of commercial motor vehi-cle operators, to encourage the developmentof technologies that may aid in reducing fa-tigue. Subsection (a)(2) sets forth factors tobe considered, including the degree to whichthe technology will be cost efficient, can beused in various climates, and will reduceemissions, conserve energy, and furtherother transportation goals. Subsection (a)(3)provides that funds made available undersubparagraphs (F) through (I) of section127(a)(3) of the bill may be used to carry outthis section.

Subsection (b) directs the Secretary to re-view potential safety benefits of the use ofnon-sedating antihistamines by operators ofcommercial vehicles and to consider encour-aging the use of such antihistamines.Senate amendment

No comparable provision.Conference substitute

The conference adopts the House provisionwith minor modifications.

SEC. 4022. IMPROVED FLOW OF DRIVER HISTORYPILOT PROGRAM

House bill

No comparable provision.Senate amendment

Section 3406 requires the Secretary ofTransportation to carry out a pilot programin cooperation with 1 or more States to im-prove upon the timely exchange of pertinentdriver performance and safety records datato motor carriers. The program shall: (1) de-termine to what extent driver performancerecords data, including relevant fines, pen-alties and failure to appear for a hearing ortrial, should be included as part of any infor-mation systems; (2) assess the feasibility,costs, safety impact, pricing impact, andbenefits of record exchanges; and (3) assessmethods for the efficient exchange of driversafety data available from existing State in-formation systems and sources.Conference substitute

The conference adopts the Senate provi-sion with the proviso that at the end of thepilot program the Secretary shall begin, ifappropriate, a rulemaking to revise the in-

formation system under section 31309 of Title49, United States Code.

SEC. 4023. EMPLOYEE PROTECTIONS

House billNo comparable provision.

Senate amendmentSection 3411(g) requires the Secretary of

Transportation, in conjunction with the Sec-retary of Labor to study the effectiveness ofexisting statutory employee protections pro-vided for under section 31105 of title 49,United States Code.Conference substitute

The conference adopts the Senate provi-sion.

SEC. 4024. IMPROVED INTERSTATE SCHOOL BUSSAFETY

House billSubsection (a) of Section 408 amends sec-

tion 31136 to provide that federal safety regu-lations apply to interstate school bus oper-ations by local educational agencies.

Subsection (b) directs the Secretary tosubmit a report within two years describingthe status of compliance and activities of theSecretary or States to enforce the require-ments.Senate amendment

No comparable provision.Conference substitute

The conference adopts an alternative pro-vision to instruct the Secretary to begin arulemaking to determine whether or not rel-evant commercial motor carrier safety regu-lations issued under section 31136 shouldapply to all interstate school transportationoperations.

SEC. 4025. TRUCK TRAILER CONSPICUITY

House billSection 421 requires the Secretary of

Transportation to issue, not more than oneyear after enactment of this Act, a final ruleregarding the Conspicuity of trailers manu-factured before December 1, 1993. In so doing,the Secretary is required to consider, at aminimum, the following: (1) the cost-effec-tiveness of any requirement to retrofit trail-ers manufactured before December 1, 1993; (2)the extent to which motor carriers have vol-untarily taken steps to increase equipmentvisibility; regulatory flexibility to accommo-date differing trailer designs and configura-tions, such as tank trucks.Senate amendment

No comparable provision.Conference substitute

The conference adopts the House provision.The conference however stresses that thisprovision does not require the Secretary toorder a retrofit of any trailers manufacturedbefore December 1, 1993.

SEC. 4026. DOT IMPLEMENTATION PLAN

House billSection 422 requires the Secretary of

Transportation to develop and submit toCongress a plan for implementing authority(if subsequently provided by law) to: (1) in-vestigate and bring civil actions to enforceChapter 5 of Title 49, United States Codewhen violated by shippers, freight for-warders, brokers, consignees, or persons(other than rail carriers, motor carriers,motor carriers of migrant workers, or motorprivate carriers); (2) assess civil or criminalpenalties against a person who knowinglyaids, abets, counsels, commands, induces, orprocures a violation of a regulation or orderunder chapter 311 or section 31502. The devel-opment of the plan requires the Secretary toconsider: in what circumstances the Sec-retary would exercise the new authority;how the Secretary would determine that

CONGRESSIONAL RECORD — HOUSEH3924 May 22, 1998shippers, freight forwarders, brokers, con-signees, or other persons committed viola-tions; what procedures would be necessaryduring investigation to ensure the confiden-tiality of shipper contract terms; the impactof the new authority on the Secretary’s re-sources.Senate amendment

No comparable provision.Conference substitute

The conference report directs the Sec-retary to assess the scope of the problem ofshippers, freight forwarders, brokers, con-signees, or other persons encouraging viola-tions of chapter 5 of title 49 and after the as-sessment the Secretary may submit to Con-gress a plan for implementing authority (ifsubsequently provided by law) to investigateand bring civil actions to enforce chapter 5of title 49, United States Code. The report toCongress will contain the elements requiredof it in the House bill as well as a request ofwhat, if any, educational activities the Sec-retary would conduct for persons who wouldbe subject to the new authority.

SEC. 4027. STUDY OF ADEQUACY OF PARKINGFACILITIES

House billSection 123 requires the Secretary of

Transportation to conduct a study to deter-mine the location and quantity of parkingfacilities at commercial truck stops andtravel plazas and public rest areas that couldbe used by motor carriers to comply withFederal hours of service rules. The studymust be reported to Congress within 36months. The study shall include an inven-tory of current facilities serving the Na-tional Highway System, analyze whereshortages exist or are projected to exist, andpropose a plan to reduce the shortage. Thestudy is funded under Section 104(a) of Title23, United States Code, for $500,000 per fiscalyear for fiscal years 1998, 1999 and 2000.Senate amendment

Section 3415 is similar to the House billwith the exception of the funding provision.Conference substitute

The conference adopts the House provision.The Secretary would be permitted to allo-cate no more than $500,000 for each of the fis-cal years 1999, 2000, 2001.

SEC. 4028. QUALIFICATIONS OF FOREIGN MOTORCARRIERS

House billNo comparable provision.

Senate amendmentSection 3419 of the Senate bill requires the

Secretary of Transportation, within 90 daysafter enactment of the Act, to review thequalifications of foreign carriers whose ap-plications for authority to operate in theUnited States have not been processed due tothe moratorium on the granting of authorityto foreign carriers to operate in the UnitedStates.Conference substitute

The conference adopts the Senate provi-sion with the proviso that the review doesnot constitute a finding by the Secretaryunder section 13902 of title 49, United StatesCode, that a motor carrier is willing and ableto comply with requirements of such section.

SEC. 4029. FEDERAL MOTOR CARRIER SAFETYINSPECTORS

House bill

No comparable provision.Senate amendment

Section 3418 of the Senate bill requires theSecretary of Transportation to maintain thelevel of Federal motor carrier safety inspec-tors for international border commercial ve-

hicle inspections as in effect on September30, 1997, or provide for alternative resourcesand mechanisms to ensure an equivalentlevel of commercial motor vehicle safety in-spections.Conference substitute

The conference adopts the Senate provi-sion with minor modifications.

SEC. 4030. SCHOOL TRANSPORTATION SAFETY

House billSection 336 of the House bill requires the

Secretary of Transportation to begin notlater than 3 months after the date of the en-actment of the Act a study of the safetyissues attendant to transportation of schooland school-related activities by varioustransportation modes.Senate amendment

Section 3425 of the Senate bill requires theSecretary to agree with the TransportationResearch Board on a study of the issues at-tendant to the transportation of school chil-dren to and from school and school-relatedactivities by various transportation modes.The TRB shall consider available crash in-jury data, and vehicle design and drivertraining in conducting the study and thepanel conducting the study shall include rep-resentatives of highway safety organiza-tions, school transportation, mass transpor-tation and bicycling organizations.Conference substitute

The conference adopts the Senate provi-sion with the proviso that a report to theCongress on the results of the study is to betransmitted not later than 12 months afterthe Secretary enters into an agreement withthe Transportation Research Board.

SEC. 4031. DESIGNATION OF NEW MEXICOCOMMERCIAL ZONE

House billNo comparable provision.

Senate amendmentSection 3703 of the Senate bill establishes a

commercial zone in New Mexico comprised ofDona Ana and Luna Counties.Conference substitute

The conference adopts the Senate provi-sion with the proviso that the Secretary ofTransportation shall consult with other Fed-eral agencies that have responsibilities overtraffic between the United States and Mex-ico. The State of New Mexico is required tosubmit within three months of the date ofenactment a plan to the Secretary describinghow the state will monitor commercialmotor vehicle traffic and enforce safety reg-ulations. The conference is particularly con-cerned that motor carriers within the zonecomply with hours-of-service and drug andalcohol testing requirements and that unau-thorized carriers do not operate beyond thecommercial zone limits.

SEC. 4032. EFFECTS OF MCSAP GRANTREDUCTIONS ON STATES

House billNo comparable provision.

Senate amendmentSection 3423 of the Senate bill allows

States which did not receive its full MotorCarrier Safety Assistance Program duringfiscal years 1996 and 1997 to enter into coop-erative agreements with the Secretary ofTransportation to evaluate the safety im-pact, costs, and benefits of allowing suchstates to continue to participate fully in theMotor Carrier Safety Assistance Program,then the Secretary shall allocate to thoseStates full amount of funds for fiscal years1998, 1999, 2000, 2001, 2002 and 2003.Conference substitute

The conference report requires the Sec-retary to study the effects of reductions in

MCSAP grants due to nonconformity ofState intrastate laws and regulations withFederal interstate requirements. The studyis to consider (1) national uniformity and thepurposes of the MCSAP program; (2) Statemotor carrier, commercial motor vehicle,and driver safety oversight and enforcementcapabilities; and (3) the safety impact, costsand benefits of a State’s full participation inthe program. A report to Congress is to besubmitted not later than 2 years after thedate of enactment of this Act.

Interim Border Safety ImprovementProgram

House billSection 411 establishes an interim border

safety improvement program to improvecommercial motor vehicle safety in the vi-cinity of the borders between the U.S. andCanada and the U.S. and Mexico. The Sec-retary may expend funds and provide grantsto States, local governments, organizationsand others for the employment and trainingof personnel to enforce safety regulations atthe border, for the development of data basesand communications systems, and for edu-cation and outreach initiatives. The Federalshare shall be 80 percent for the first twoyears that a State receives a grant, 50 per-cent for the third and fourth years, and 25percent for the fifth and sixth years. Sub-section (g) provides annual authorizationsfor the program.

Of the funds made available for the coordi-nated border infrastructure and safety pro-gram under section 116 of the bill, $20 millionin fiscal year 1998 and $15 million in each offiscal years 1999 through 2003 shall be avail-able for this program.Senate amendment

No comparable provision.Conference substitute

The conference does not include a provi-sion. The conference addresses border safetymatters under Section 4003 and authorizesthe Secretary to dedicate up to five percentof funding made available to carry out theMotor Carrier Safety Assistance Program forStates, local governments, and other personsto carry out border commercial motor vehi-cle safety programs and enforcement activi-ties and projects.

Hazardous Materials TransportationRegulation and Farm Service Vehicles

House billSec. 420. Subsection (a) amends section

5117(d)(2) of title 49 regarding the transpor-tation of hazardous materials to add a newsubparagraph (C) which provides that Statesare not prohibited from providing an excep-tion from requirements relating toplacarding, shipping papers, and emergencytelephone numbers for the private motor car-riage in intrastate transportation of an agri-cultural production material. A State mustcertify that the exception is in the public in-terest, the need for the exception, and thatthe State shall monitor the exception andtake such measures necessary to ensure thatsafety is not compromised.

Subsection (b) defines the term ‘‘agricul-tural production material.’’Senate amendment

Section 3208 of the Senate bill as part ofthe reauthorization of the Hazardous Mate-rials Transportation Act authorizes the Sec-retary to carry out pilot programs to exam-ine innovative approaches or alternatives toregulations for private intrastate motor car-riage of agricultural production materials.The Secretary is prohibited from carryingout a pilot program if it would pose an unduerisk to public health and safety. Further-more, the Secretary shall require that thepilot project contain safety measures de-signed to achieve a level of safety equivalent

CONGRESSIONAL RECORD — HOUSE H3925May 22, 1998to or greater than the level that would oth-erwise be achieved. The Secretary is directedto terminate participation immediately ofany carrier that fails to comply with theterms and conditions of the pilot or to termi-nate the entire pilot if the Secretary deter-mines it has resulted in a lower level of safe-ty.Conference substitute

The conference does not include a provi-sion.

Motor Carrier and Driver Safety ResearchHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 3407 of the Senate bill provides notless than $10 million per year for programsdesigned to advance motor vehicle and driversafety. The provision requires grants of morethan $250,000 to be awarded based on a com-petitive selection. The Secretary shall sub-mit annual reports to Congress on the activi-ties conducted under this section.Conference substitute

The conference does not include a provi-sion. The Secretary is authorized to conductmotor carrier research in the programs es-tablished or amended in Title V of this Act.Commercial Motor Vehicle Safety Advisory

CommitteeHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 3420 of the Senate bill authorizesthe Secretary to establish an advisory com-mittee to provide advice and recommenda-tions on regulatory issues.Conference substitute

The conference does not include a provi-sion.

Commercial Motor Vehicle Safety StudiesHouse bill

The House bill contains no comparable pro-vision.Senate amendment

Section 3422 of the Senate bill directs theSecretary to conduct a study of the impacton safety and infrastructure of tandem axlecommercial motor vehicle operations inStates that permit the operation of such ve-hicles in excess of Interstate weight limits.Further, the Secretary should enter into co-operative agreements with such States tocollect weigh-in-motion data necessary forthe study. The Secretary shall report to Con-gress within 2 years on the results of thestudies and may not withhold highway con-struction funds from States for violations ofgrandfathered tandem axle weight limits.

Conference substitute

The conference does not include a provi-sion.

Hazardous Materials Transportation ActReauthorization

House bill

The House bill contains no comparable pro-vision.

Senate amendment

Subtitle B reauthorizes the Hazardous Ma-terials Transportation Act, as requested bythe Administration. The Subtitle makes sev-eral changes in the hazardous materialstransportation program as administrated bythe DOT Research and Special Programs Ad-ministration.

Conference substitute

The conference does not include a provi-sion.

TITLE V—TRANSPORTATION RESEARCH

SUBTITLE C—INTELLIGENCE TRANSPORTATIONSYSTEMS

Senate amendment

Section 2101 designates the name of Sub-title B of chapter 5 as the ‘‘Intelligent Trans-portation Systems Act of 1997’’ (ITS Act).

House bill

The House bill contains no comparable pro-vision.

Conference substitute

The Conference adopts the Senate provi-sion with a notification revising the date inthe title. The substitute language designatesthe name of Subtitle B as the ‘‘IntelligentTransportation Systems Act of 1998.’’

Findings

Senate amendment

Sec. 2102 lists Congress’ findings with re-spect to the ITS program.

House bill

The House bill contains no comparable pro-vision.

Conference substitute

The Conference adopts the Senate provi-sion with modifications. The substitute con-solidates the findings in the Senate bill intotwo findings retaining the reference to in-vestments in intelligence transportation sys-tems made under the Intermodal SurfaceTransportation Efficiency Act of 1991 (105State. 1914 et seq.) and the principle thatcontinued investment is needed in this areasto realize fully the benefits of intelligencetransportation systems technology.

Goals and Purposes

Senate amendment

Section 521, 23 U.S.C., as proposed, setsforth the purposes of the ITS Act of 1997,which are—(1) to provide for accelerated de-ployment of proven technologies and con-cepts and increased Federal commitment toimproving surface transportation safety, and(2) to expedite deployment and integration ofbasic ITS services for consumers of pas-senger and freight transportation across thenation.

House bill

Subsection 652(b) establishes the goals ofthe ITS program including enhanced effi-ciency of the transportation system; en-hanced safety; enhancement of the environ-ment; a program that includes all users; im-proved accessibility; the development of atechnology base; improved ability to respondto national emergencies; and the promotionof data sharing.

Conference substitute

The Conference adopts a goals and pur-poses provision incorporating key conceptsfrom both the House goals provision andSenate purposes provision. The substitutelanguage identifies as goals of the ITS pro-gram the following objectives most of whichwere included in both bills: enhancement ofsurface transportation efficiency and facili-tation of intermodalism and internationaltrade; improvement of national transpor-tation safety; protection and enhancement ofthe natural environment; accommodation ofthe needs of all surface transportation sys-tems users; improved responsiveness toemergencies and natural disasters. The sub-stitute language also identifies ITS programpurposes representing objectives with a moreshort-term focus than the goals. The list ofpurposes, as follows: is drawn primarily fromthe purposes section in the Senate bill: to ex-pedite deployment and integration of ITS; toensure local transportation officials haveadequate knowledge of ITS technologies fortransportation planning and ITS operations

and maintenance purposes; to improve re-gional cooperation; and to promote the useof private resources.

General Authorities and Requirements

Scope

Senate amendment

The Senate bill contains no comparableprovision

House bill

Subsection 652(a) directs the Secretary toconduct a research, development, and de-ployment program for ITS.

Conference substitute

The Conference adopts the House provi-sion.

Policy

Senate amendment

Subsection 530(b), 23 U.S.C., as proposed,prohibits the Secretary from funding anyITS operational test or deployment thatcompetes with a similar privately fundedproject.

House bill

The House bill contains no comparable pro-vision.

Conference substitute

The Conference adopts the Senate provi-sion with modifications. The substitutemoves this provision from the Funding Limi-tations section in the Senate bill to the Gen-eral Authorities and Requirements section inthe substitute. The Senate provision is alsorevised to state that as a general policy fed-erally-funded projects shall not displace pub-lic-private partnerships or private sector in-vestment.

Cooperation with Governmental, Private, andEducational Entities

Senate amendment

Paragraph 523(b)(2), 23 U.S.C., as proposed,directs the Secretary in carrying out the in-telligent transportation system program tomaximize the involvement of the private sec-tion, college and universities, Federal lab-oratories, and State and local governments.

House bill

Paragraph 653(a)(1) directs the Secretaryto carry out the intelligent transportationsystem program in cooperation with Stateand local governments, the private sector,colleges and universities, including histori-cally black colleges an universities andother majority institutions of higher edu-cation.

Conference substitute

The Conference adopts the House provisionwith a modification. The Federal labora-tories are added to the list of entities theSecretary is directed to consult with carry-ing out this program.

Consultation with Federal Officials

Senate amendment

Paragraph 523(b)(1), 23 U.S.C., as proposed,requires the Secretary to consult with headsof other interested Federal departments andagencies.

House bill

Paragraph 653(2) directs the Secretary toconsult with the Secretary of Commerce, theSecretary of the Treasury, the Adminis-trator of the Environmental ProtectionAgency, the Director of the National ScienceFoundation, and the heads of other Federaldepartments and agencies.

Conference substitute

The Conference adopts the House provi-sion.

CONGRESSIONAL RECORD — HOUSEH3926 May 22, 1998Technical Assistance, Training, and

Information

Senate amendment

Subsection 524(a), U.S.C., as proposed, di-rects the Secretary to carry out a com-prehensive program of intelligent transpor-tation system research, development, oper-ational testing, technical assistance andtraining, and other related activities.

House bill

Subsection 655(a) allows the Secretary toprovide technical assistance, training, andinformation to State and local governmentsfor intelligent transportation systemprojects.

Conference substitute

The Conference adopts the House provi-sion.

Transportation Planning

Senate amendment

The Senate bill contains no comparableprovision.

House bill

Subsection 655(b) allows the Secretary touse funds to better integrate intelligenttransportation systems into State and met-ropolitan planning.

Conference substitute

Information Clearinghouse

Senate amendment

Subsection 524(d), 23 U.S.C., as proposed,requires the Secretary to maintain a reposi-tory for technical and safety data collectedthrough federally funded intelligent trans-portation system projects. The Secretarymay delegate this responsibility to an entityoutside of the Department of Transpor-tation.

House bill

Subsection 653(d) requires the Secretary toestablish and maintain a repository for tech-nical and safety data collected through fed-erally funded intelligent transportation sys-tem projects. The Secretary may delegatethis responsibility to an entity outside of theDepartment of Transportation.

Conference substitute

The Conference finds provisions in both theHouse and Senate bills to be substantivelyequivalent.

Advisory Committees

Senate amendment

Section 532, 23 U.S.C., as proposed, requiresthe Secretary to use one or more advisorycommittees, and specifies that any advisorycommittee so used shall be subject to theFederal Advisory Committee Act (5 U.S.C.App.).

House bill

Subsection 653(e) allows the Secretary touse advisory committees when carrying outthe intelligent transportation systems pro-gram. This subsection also specifies that theFederal Advisory Committee Act applies andthat any advisory committees on intelligenttransportation systems shall be fundedthrough specific provisions in AppropriationsActs and from funds allocated for research,development, and implementation of the in-telligent transportation systems program.

Conference substitute

The Conference adopts the House provisionwith a modification: the direction regardingfunding for advisory committees is dropped.

Procurement Methods

Senate amendment

Subsection 523(c), 23 U.S.C., as proposed,directs the Secretary to develop technicalassistance and guidance to assist State andlocal agencies in selecting appropriate meth-

ods of procurement for intelligent transpor-tation system projects, including innovativeand nontraditional methods.House bill

Subsection 653(h) directs the Secretary todevelop technical assistance and guidance toassist State and local agencies in selectingappropriate methods of procurement for in-telligent transportation system projects, in-cluding innovative and nontraditional meth-ods. This subsection also directs contractingofficials to use a standard risk assessmentmethodology to reduce the cost, schedule,and performance risks associated the devel-opment and use of intelligent transportationsystems software.Conference substitute

The Conference adopts the House provisionwith a modification: Information Tech-nology Omnibus Procurement is listed as atype of innovative or nontraditional procure-ment method addressed by this subsection.

EvaluationsSenate amendment

Subsection 524(c), 23 U.S.C., as proposed,directs the Secretary to establish guidelinesand requirements for the evaluation of intel-ligent transportation systems operationaltests and deployment projects. These guide-lines and requirements are to ensure objec-tivity and independent of the evaluator. Thissubsection also limits the percentage of testor project funds which may be spent on eval-uations and specifies different percentagesfor projects and tests of different sizes. Thissubsection also specifies that the PaperworkReduction Act, chapter 35 of title 44, U.S.C.,shall not apply to any survey, questionnaire,or interview conducted in connection withthe evaluation of any test or project carriedout under this program.House bill

Subsection 653(d) directs the Secretary toissue guidelines and requirements for theevaluation of intelligent transportation sys-tems operational tests. These guidelines andrequirements are to ensure objectivity andindependence of the evaluator. Operationaltests need to be designed for the collection ofdata and the preparation of reports to permitobjective evaluation of the success of thetests and the derivation of cost-benefit infor-mation and life-cycle costs that will be use-ful to others contemplating the purchase ofsimilar systems.Conference substitute

The Conference adopts the Senate provi-sion with modifications. The Secretary is di-rected to issue, rather than establish, theguidelines and requirements and the fundinglimitation provisions are replaced with a re-quirement that the guidelines and require-ments issued under this subsection also es-tablish appropriate evaluation funding lev-els. The exemption from the Paperwork Re-duction Act is retained.

National ITS Program PlanSenate amendment

Paragraph 524(b)(5), 23 U.S.C., as proposed,requires the Secretary to submit a 6-yearplan to Congress within 1 year of enactmentand annually thereafter. This plan is tospecify program goals, objectives, and mile-stones and progress made in meeting them.House bill

Section 654 requires the Secretary to main-tain and update a National ITS ProgramPlan developed by the Department and theIntelligent Transportation Society of Amer-ica. This section specifies the scope and re-quired components of the plan including pro-gram goals, objectives, and milestones andhow specific programs and projects relate tothose goals over 5, 10, and 20-year time

frames. The plan is also to provide for thedevelopment of standards to promote inter-operability and establish a process for incor-porating intelligent transportation systemstechnologies into more broad-based surfacetransportation systems. Reporting to Con-gress under this section may be consolidatedwith the integrated Surface TransportationResearch and Development Strategic Plan.Conference substitute

The Conference adopts the House provisionwith several modifications. The goals, objec-tives and milestones cadre to be establishedfor both research and deployment of intel-ligent transportation systems and consider-ation of a 20-year time frame for these goalsis not required. The plan is to identify ac-tivities relevant to the development ofstandards, including actions that will lead tothe establishment of critical standards. Thesubstitute requires that principal findingsmade in carrying out the plan be transmit-ted and updated as part of the IntegratedSurface Transportation Research and Devel-opment Strategic Plan.

National Architecture and StandardsSenate amendment

Section 529, 23 U.S.C., as proposed, requiresthe Secretary to develop, implement, andmaintain a national architecture to guidenationwide deployment of intelligent trans-portation systems and to set standards andprotocols to promote the widespread use ofthese technologies and to ensure interoper-ability. The Secretary is authorized to usestandards-setting organizations in carryingout section. The section requires the Sec-retary to identify critical standards neededto ensure interoperability on a nationwidebasis. If one of these critical standards is notadopted by January 1, 2001, the Secretary isrequired to establish a provisional standard,but a provisional standard would only re-main in effect until the appropriate stand-ards-setting organization adopted and pub-lished a standard concerning the same sub-ject matter. In addition, the Secretary maywaive this requirement as long as a report onthe reasons for the waiver and impacts of adelay in setting a particular standard is sub-mitted to Congress. For each standard sub-ject to a waiver, the Secretary is required tosubmit a progress report to Congress everysix months. This section also prohibits theuse of funds made available from the High-way Trust Fund on intelligent transpor-tation system technology if the technologydoes not comply with each relevant provi-sional and completed standard, but exceptionis made for intelligent transportation sys-tems deployments already in place. Finally,this section directs the Secretary of Com-merce and the Federal CommunicationsCommission to allocate spectrum for thenear-term establishment of a dedicatedshort-range vehicle-to-wayside wirelessstandard and any other spectrum criticallyneeded for the intelligent transportation sys-tems program.House bill

Subsection 653(b) requires the Secretary todevelop, implement, and maintain of a na-tional architecture to guide nationwide de-ployment of intelligent transportation sys-tems and to set standards and protocols topromote the widespread use of these tech-nologies and to ensure interoperability. TheSecretary is authorized to use standards-set-ting organizations in carrying out this sub-section. This subsection directs the Sec-retary of Transportation, in consultationwith the Secretary of Commerce, the Sec-retary of Defense, and the Federal Commu-nications Commission, to take all necessarysteps to secure spectrum for the near-termestablishment of a dedicated short-range ve-hicle to wayside wireless standard.

CONGRESSIONAL RECORD — HOUSE H3927May 22, 1998Conference substitute

The Conference adopts the Senate provi-sion with modifications. In establishing thenational architecture along with the stand-ards and protocols, the Secretary is to com-ply with section 12(d) of the National Tech-nology Transfer and Advancement Act of1995 (15 U.S.C. 272 note; 11 Stat. 783). Thisprovision requires all Federal agencies anddepartments to use technical standards thatare developed or adopted by voluntary con-sensus standards bodies, unless to do sowould be inconsistent with applicable law orotherwise impractical. It is clarified that thereport identifying critical standards andtheir stage of development is to be submittedto the Committee on Environment and Pub-lic Works of the Senate and the Committeeon Transportation and Infrastructure andthe Committee on Science of the House ofRepresentatives. The Secretary is authorizedto establish provisional standards if such ac-tion is necessary to ensure progress inachieving the purposes identified in this sec-tion for establishing a national architectureand standards and the Secretary is requiredto adopt a provisional standard if a standardidentified as critical is not set by January 1,2001. But, the Secretary may waive this re-quirement upon finding that additional timewould be productively used or establishmentof a provisional standard would be counter-productive. Provisional standards are to bepublished and will remain in effect until ap-plicable standards to replace them are set bythe appropriate standards development orga-nization. Waivers of the provisional standardrequirement and withdrawals of such waiversare also to be published. The requirementthat intelligent transportation systemsprojects funded from the Highway TrustFund must conform to the national architec-ture and applicable standards is retained.The exceptions for operations and mainte-nance of intelligent transportation systemsprojects already in existence is retained as isthe exception, at the discretion of the Sec-retary, for the upgrade or expansion of suchprojects. Another exception for projects de-signed to achieve specific research objec-tives, at the discretion of the Secretary, isadded. The Federal Communications Com-mission is directed to consider, in consulta-tion with the Secretary of Transportation,the spectrum needs of intelligent transpor-tation systems and is required to complete arulemaking considering the allocation ofspectrum for intelligent transportation sys-tems by January 1, 2000.

Research and DevelopmentSenate amendment

Section 524, 23 U.S.C., as proposed, requiresthe Secretary to undertake comprehensiveresearch, development, testing, and tech-nical assistance to carry out the purposes ofthe intelligent transportation systems pro-grams. This research and development is toadvance development of an integrated intel-ligent vehicle program and an integrated in-telligent infrastructure program to advanceroadway safety and efficiency systems, mo-bility and the quality of the environment.This section requires activities to be consist-ent with the national architecture and prior-ities include crash avoidance and the inte-gration of air bag technology with other on-board safety systems. The federal share forthese projects is 80 percent, but the Sec-retary apply a federal share of 100 percent tohigh-risk projects. Subsection (f) includeslimitations on the amounts of funding thatmay be used for research activities that im-prove crash avoidance and the integration ofairbags and other on-board safety systems,advance development of an automated high-way system, and activities that improvetraffic management.

House billSubsection 655(c) authorizes the Secretary

to fund research and operational tests re-garding intelligent transportation systemstechnology. Subsection 655(d) allows the Sec-retary to use funds to conduct research anddemonstrations of integrated vehicle androadway safety systems, including infra-structure-based, in-vehicle, and integratedcollision avoidance systems. The section in-cludes research on advanced traffic manage-ment technologies, including the use of fiberoptic cables and video, to monitor and con-trol traffic flow and volume; research onmagnetics and advanced materials; fun-damental research on the science of the driv-ing process and other human factors to com-plement the applied research efforts of theindustry in this area; and research on theimpact of cold weather climates on ITS inareas such as traction enhancement while onice and snow, braking, and visibility en-hancement both of intersections and sign.Conference substitute

The Conference adopts a blend incorporat-ing aspects of both the House and Senateprovisions. This section requires the Sec-retary to carry out a comprehensive programof intelligent transportation systems re-search, development, and operation tests anddemonstrations of intelligent vehicles andinfrastructure systems. The list of prioritiesincludes traffic management, incident man-agement, crash-avoidance and integration ofin-vehicle crash protection technologies,human factors research, integration of intel-ligent vehicles and infrastructure, and re-search on the impact of the environment onintelligent transportation systems. Oper-ational tests are to be designed for the col-lection of data allowing for objective evalua-tion of the test results. The Federal share ofoperational tests and demonstrations is notto exceed 80 percent.

Intelligent Transportation System IntegrationProgram

Senate amendmentSection 525, 23 U.S.C., as proposed, directs

the Secretary to conduct a comprehensiveprogram to accelerate the integration andinteroperability of intelligent transportationsystems in metropolitan areas by funding de-ployment projects that illustrate the bene-fits of intelligent transportation systemstechnologies. This section includes a list ofpriorities the Secretary is to consider in se-lecting projects. The Secretary is required toencourage private sector involvementthrough public-private partnerships andother innovative financial arrangements. Inaddition, funding recipients are required tosubmit multi-year financing and operationsplans describing how the project can be cost-effectively operated and maintained.

Section 526, 23 U.S.C., directs the Sec-retary to conduct a comprehensive programto accelerate the integration andinteoperability of intelligent transportationsystems in rural areas by funding deploy-ment projects that illustrate the benefits ofintelligent transportation systems tech-nologies. This section includes a list of prior-ities the Secretary is to consider in selectingprojects. The Secretary is required to en-courage private sector involvement throughpublic-private partnerships and other inno-vative financial arrangements. In addition,funding recipients are required to submitmulti-year financing and operations plansdescribing how the project can be cost-effec-tively operated and maintained.House bill

Section 656 establishes the intelligenttransportation system deployment programand describes its purposes, with the primarypurpose being to integrate existing intel-

ligent transportation systems components toensure they work as systems. This sectionalso sets goals for the deployment programincluding acceleration of standard-settingprocesses, and lists the specific requirementsa project must meet to be eligible for fund-ing. This section also requires that at least25 percent of funds made available to carryout this section be used for commercial vehi-cle intelligent transportation systemsprojects and that not less than 10 percent beused for projects outside of metropolitanareas. In addition, this section sets limits onhow much funding can be spent on certaintypes of projects.Conference substitute

The Conference adopts the Senate provi-sion with modifications. The substitute con-solidates sections 525 and 526, 23 U.S.C., asproposed, from the Senate bill and directsthe Secretary to conduct a comprehensiveprogram to accelerate the integration andinteroperability of intelligent transportationsystems in metropolitan and rural areas byfunding deployment projects that illustratethe benefits of intelligent transportationsystems technologies. The substitute also in-cludes a list of priorities, based on both theHouse and Senate bills, that the Secretary isto consider in selecting projects, includingany contribution to national program plangoals, demonstration of a cooperation amongdifferent agencies, jurisdictions, and the pri-vate sector, encouragement of private sectorinvolvement, inclusion in approved state ormetropolitan plans, and assurance of contin-ued, long-term operations and maintenancewithout continued reliance on Federal fund-ing. The substitute requires that funds forprojects in metropolitan areas be used pri-marily for integration purposes, whereas inrural areas, funds may be used for installa-tion of intelligent transportation systems in-frastructure. In addition, the substitute in-cludes the House provision requiring thatnot less than 10 percent be used for projectsin rural areas. The Federal share of projectspayable from funds made available underthis section is set at 50 percent, but the totalFederal share payable from all eligiblesources (including this section) may not ex-ceed 80 percent.Commercial Vehicle Intelligent Transportation

System Infrastructure DeploymentSenate amendment

Section 527, 23 U.S.C., as proposed, estab-lishes a program to deploy intelligent trans-portation systems that improve the safetyand productivity of commercial motor vehi-cles and drivers and that reduce administra-tive costs associated with commercial vehi-cle operations. This section focuses on im-proving the safety of commercial vehiclesoperations by funding activities that, for ex-ample, assist in the identification of unsafecarriers, vehicles, and drivers and that ad-vance on-board driver and vehicle-safetymonitoring systems. Other priorities includeimproving the electronic processing of reg-istration, licensing, inspection, tax andcrash data, the exchange of this informationamong the States, and the effectiveness andefficiency of enforcement efforts.House bill

Section 656 establishes the intelligenttransportation system deployment programand describes its purposes, with the primarypurpose being to integrate existing intel-ligent transportation systems components toensure they work as systems. This sectionalso sets goals for the deployment programincluding acceleration of standard-settingprocesses, and lists the specific requirementsa project must meet to be eligible for fund-ing. This section also requires that at least25 percent of funds made available to carry

CONGRESSIONAL RECORD — HOUSEH3928 May 22, 1998out this section be used for commercial vehi-cle intelligent transportation systemsprojects and that not less than 10 percent beused for projects outside of metropolitanareas. In addition, this section sets limits onhow much funding can be spent on certaintypes of projects.Conference substitute

The Conference adopts the Senate provi-sion with modifications. The substitute es-tablishes a deployment program to promoteintelligent transportation systems that im-prove the safety and productivity of com-mercial vehicles and drivers and that reduceadministrative costs. The program’s purposeis to advance the technological capabilityand deployment of intelligent transportationsystems applications to commercial vehicleoperations, including commercial vehicle in-formation systems and networks (CVISN).This section also includes a list of prioritiesthe Secretary is to consider in selectingprojects, including the extent to which aproject encourages multistate cooperation,improves safety, increases regulatory effi-ciency, advances electronic processing ofdata, and promotes the exchange of informa-tion among States. In addition, the sub-stitute directs that Federal funds should beused for activities that are not being carriedout with private funds. The Federal share ofprojects payable from funds made availableunder this section is set at 50 percent, butthe total Federal share payable from all eli-gible sources (including this section) maynot exceed 80 percent.

Authorizations and LimitationsOutreach and Public Relations

Senate amendmentSubsection 530(d), 23 U.S.C., as proposed,

limits the amount of funding available foroutreach, public relations, training,mainstreaming, shareholder relations, or re-lated activities.House bill

The House bill contains no comparable pro-vision.Conference substitute

The conference report adopts the Senateprovision with modifications. The limitationon funds is reduced to $5,000,000 per year, andthis limitation applies specifically only tooutreach, public relations, displays, scholar-ships, tours, and brochures and the sub-stitute provision specifies that this limita-tion does not apply to intelligent transpor-tation systems training, the publication ordistribution of research finding, technicalguidance, or similar documents.

Infrastructure DevelopmentSenate amendment

Subsection 530(c), 23 U.S.C., as proposed,prohibits the use of intelligent transpor-tation system funds for the construction ofhighway or transit infrastructure unless theconstruction is incidental and critically nec-essary to the implementation of an intel-ligent transportation system project.House bill

The House bill contains no comparable pro-vision.Conference substitute

The Conference adopts the Senate provi-sion.

Life Cycle Cost Analysis and Financing andOperations Plan

Senate amendmentSubsections 525(d) and 526(d), 23 U.S.C., as

proposed, recipients funding for projectsunder the intelligent transportation systemsintegration program and the integration pro-gram for rural areas are required to submitmulti-year financing and operations plans

describing how each project can be cost-ef-fectively operated and maintained.House bill

Subsection 653(g) requires life-cycle costanalyses of intelligent transportation sys-tems projects costing over $3 million.Conference substitute

The Conference adopts a provision combin-ing the House and Senate provisions. Thesubstitute requires applicants for fundsunder the intelligent transportation systemsintegration program and the commercial ve-hicle intelligent transportation system in-frastructure deployment programs to submitlife-cycle cost analyses of intelligent trans-portation systems projects costing over $3million and, for every project, multiyear fi-nancing and operations plans describing howthe project will be cost-effectively operatedand maintained.

DefinitionsSenate amendment

Section 522, 23 U.S.C., as proposed, definesthe following terms for purposes of this sub-chapter: commercial vehicle informationsystems and networks, commercial vehicleoperations, completed standard, corridor, in-telligent transportation system, national ar-chitecture, provisional standard, and stand-ard.House bill

Section 651 defines the following terms forpurposes of this subtitle: intelligent trans-portation systems (ITS), intelligent trans-portation infrastructure, Secretary, andState.Conference substitute

The Conference adopts both the Senate andHouse provisions with following modifica-tions. Definitions for the terms ‘‘completedstandard’’ and ‘‘provisional standards’’ inthe Senate bill are not adopted and the defi-nition for the term ‘‘Secretary’’ in the Housebill is not adopted. The definition for theterm ‘‘intelligent transportation system’’ issubstantively equivalent in both bills and isadopted.

RepealSenate amendment

Section 2104 repeals the intelligent trans-portation systems programs that were estab-lished under the Intermodal Surface Trans-portation Efficiency Act (ISTEA) as they aresuperseded by the new programs in this [sub-title/subchapter]House bill

Subsection 658 repeals the intelligenttransportation systems programs that wereestablished under the Intermodal SurfaceTransportation Efficiency Act (ISTEA) asthey are superseded by the new programs inthis [subtitle/subchapter].Conference substitute

The Conference finds the provisions in boththe House and Senate to be substantivelyequivalent.

PROJECT FUNDING

House billSec. 632(b)(5) requires the Secretary to

carry out a transportation technology inno-vation and demonstration program concern-ing the use of hazardous materials monitor-ing systems. The Secretary is required toconduct research on applying methods of de-ploying and integrating ITS or hazardousmaterials monitoring systems across variousmodes of transportation. The provisionmakes available for each of the fiscal years1998 through 2003 $1.5 million per fiscal year.Senate amendment

No comparable provision.Conference substitute

The Conference adopts the House provi-sion.

In conducting the research provided for inSection 5212(a), the Secretary should awardfunds to develop and deploy a fully inte-grated and unique Hazardous Materials Inci-dent Management System designed to facili-tate emergency response to hazardous mate-rials incidents and safer, more efficientmovement of hazardous materials across var-ious modes of transportation.

Specifically, the funds authorized in thissection are intended for further developmentand use of the Cargo Mate cargo identifica-tion and monitoring system, which providesfor interoperability with existing fleet com-munications and management systems, real-time vehicle container, pallet cargo identi-fication, location and monitoring. The inte-grated and consolidated Hazardous MaterialsIncident Management System should then beincorporated into current and future TrafficManagement Centers to support safe move-ment of hazardous materials throughout theintermodal process.

In developing this system, considerationshould be given to additional technologies,including advanced information processingtechnologies, which support emergency re-sponse, law enforcement, and regulatory re-sources.

House bill

TITLE VI—OZONE AND PARTICULATEMATTER STANDARDS

No provisions comparable.

Sec. 4101 to 4104 of the Senate Amendment

The Conferees note that in March 1998, theNational Research Council’s Committee onResearch Priorities for Airborne ParticulateMatter issued the first in a series of reportson research priorities relevant to settlingparticulate matter standards. This report ad-dresses a number of issues, including wheth-er the monitoring network necessary to im-plement the new National Ambient Air Qual-ity Standard fine particulate (PM2.5) is de-signed to

(1) support relevant health effects, expo-sure, and atmospheric-modeling research ef-forts;

(2) use the appropriate number of continu-ous (hourly) monitors to determine the timeof day and exposure of people who are com-muting, working, or exercising outdoors; and

(3) use sufficient chemical characterizationof particulate matter to enable testing ofmore specific indicators than PM2.5 massalone.

The Conferees urge the Administrator toconsider the recommendations contained inthe Committee’s March 1998 report. The Con-ferees further urge the Administrator to en-sure, as appropriate, that the plans for thenational monitoring network necessary toimplement the National Ambient Air Qual-ity Standard for PM2.5 is peer-reviewed bythe Clean Air Scientific Advisory Committeeat an early date while the opportunity stillexists for such review to influence the mon-itoring network design and operations.

The Conferees are aware that certain non-attainment areas in Western Pennsylvaniahave experienced difficulty in meeting theone-hour, 0.12 part per million standard forozone because of pollution which did notoriginate in the nonattainment area. TheConferees urge EPA to continue its efforts toavoid ‘‘bumping up’’ nonattainment areas inPennsylvania to a higher nonattainment sta-tus or ozone.

The Conferees recognize that the RegionalHaze regulation has not been finalized andthe Administrator of the EnvironmentalProtection Agency (EPA) is still consideringthe views of various stakeholders. The Con-ferees agree with EPA’s public statementsthat the schedule for the State Implementa-tion Plan due pursuant to section 169B(e)(2)

CONGRESSIONAL RECORD — HOUSE H3929May 22, 1998of the Clean Airport Act should be har-monized with the Schedule for State Imple-mentation Plan submissions required forPM2.5. ambient air quality standard promul-gated in July, 1997.Conference substitute

Adopts the Senate provison.TITLE VII—MISCELLANEOUS

Subtitle A—Automobile Safety andInformation

Automatic Crash Protection UnbeltedTesting Standard

House bill

The House bill contains no similar provi-sion.Senate amendment

Section 1407 of the Senate amendment en-sures that the current testing standard forair bags is designed to ensure the optimalprotection and safety for all occupants, in-cluding infants, children, and other occu-pants.Conference report

The conference report does not include theprovision.

Improving Air Bag SafetyHouse bill

The House bill contains no similar provision.Senate amendment

Section 1407 of the Senate bill directs theSecretary of Transportation to undertakerulemaking to improve the protection af-forded vehicle occupants by Motor VehicleSafety Standard No. 208. The purpose of therulemaking would be to improve the effi-ciency and protection accorded by occupantprotection devices while attempting to mini-mize any potential risk associated with airbags to infants, children, and other occu-pants. During the development of a rule toimprove the safety of air bags, the barriertest using unbelted 50th percentile adultmale dummies would be suspended. The Sec-retary would be required to begin the rule-making by June 1, 1998, and to issue a finalrule by June 1, 1999, with a one-year exten-sion permitted upon the Secretary’s advisingCongress of the need for an extension. Therule would require such tests as the Sec-retary determines to be reasonable, prac-ticable, and appropriate, including testsusing dummies of different sizes.

The requirements of the new standardwould become effective in phases, beginningbetween September 1, 2001 and September 1,2002, and concluding not later than Septem-ber 1, 2005, with discretion given the Sec-retary for a one-year extension. Any exten-sion would require a joint resolution of Con-gress. The Secretary would be required to re-port to Congress within six months of enact-ment on the development of technology toimprove the protection given by air bags andto reduce the risks from air bags, includinginformation on the performance characteris-tics of advanced air bags, their estimatedcost, their estimated benefits, and the timewithin which they could be installed in pro-duction vehicles.Conference report

The conferees agree to include a new sub-title addressing automobile safety and infor-mation issues. In addition to addressing theSenate bill’s provisions regarding air bags,the subtitle also includes many of the provi-sions contained in H.R. 2691, the NationalHighway Traffic Safety Administration Re-authorization Act of 1998, which passed theHouse on April 21, 1998, by voice vote.

Section 7101 establishes the short title forthe subtitle, the ‘‘National Highway TrafficSafety Administration Reauthorization Actof 1998.’’

Section 7102 authorizes funds for thoseNHTSA’s automobile safety and informationprograms. For Fiscal Years 1999 through 2001,the legislation authorizes $81.2 million eachyear for motor vehicle safety activities, and$6.2 million for motor vehicle informationactivities. These amounts are equivalent tothe Administration’s budget request.

Section 7103 contains provisions intendedto improve air bag safety. Subsection (a) di-rects the Secretary to issue a notice of pro-posed rulemaking by September 1, 1998 toimprove occupant protection for occupantsof different sizes, belted and unbelted, underFederal Motor Vehicle Safety Standard(FMVSS) No. 208 while minimizing the riskto infants, children, and other occupantsfrom any risks associated with air bags, bymeans that include advanced air bags. TheSecretary is required to issue a final rule nolater than September 1, 1999, unless the Sec-retary determines that the final rule cannotbe completed by that date, in which case theSecretary must promulgate the final rule nolater than March 1, 2000. The final rule mustbe consistent with both the requirements ofthis section and 49 U.S.C. § 30111, which speci-fies the requirements for motor vehicle safe-ty standards. The Conferees note that airbags do not substitute for lap and shoulderbelts and all occupants should always wearlap and shoulder belts regardless of whetherthere is an inflatable restraint in the vehi-cle.

The Secretary is directed to make the finalrule effective in phases as rapidly as prac-ticable beginning not earlier than September1, 2002 or at least 30 months after the date onwhich the Secretary promulgates the finalrule, but in any case, not later than Septem-ber 1, 2003. The rule is to be fully effectivefor all passenger motor vehicles, multipur-pose passenger vehicles, and other vehiclesidentified in 49 U.S.C. § 30127(b) manufacturedon or after September 1, 2005. If the Sec-retary issues the final rule on September 1,2003, the date for full compliance may be ex-tended to September 1, 2006. The availabilityof the current sled test certification optionavailable under FMVSS 208 (S13) remains ineffect unless and until phased out accordingto the schedule in the final rule. The Sec-retary is also directed to include in the no-tice of proposed rulemaking means by whichmanufacturers may earn credits for earlycompliance with the final standard issued bythe Secretary.

Subsection (b) provides that any govern-ment advisory committee, task force, orother entity include representatives of con-sumer and safety organizations, insurers,manufacturers, and suppliers.

Section 7104 prohibits the use of funds ap-propriated to NHTSA for the purpose of urg-ing a State or local legislator to favor or op-pose the adoption of any specific legislativeproposal pending before any State or locallegislature. Subsection (b) clarifies that offi-cers or employees of the United States arenot prohibited from testifying before anystate or local legislature in response to theinvitation of a member of such body or aState executive office. The provision is notintended to prohibit the Agency from in-forming State or local legislators about theprudence of a particular policy choice, butrather is intended to limit the Agency’s abil-ity to lobby a particular piece of legislationbefore a State or local legislature. Thus,under this provision, NHTSA could continueto testify before any State or local legisla-tive body and inform State and local offi-cials about the merits of a particular courseof action. A NHTSA official could even ap-pear before a committee of a State legisla-ture to testify that NHTSA believes that en-actment of primary enforcement seat beltlaws results in fewer highway fatalities.

NHTSA could, in fact, testify that it favorsgeneral efforts to enact primary enforcementseat belt laws and opposes general efforts torepeal such laws. However, a NHTSA officialcould not, through the use of government re-sources, ask an individual State or local leg-islator, or any group of State or local legis-lators, to vote act on a particular pendingmeasure.

Subsection 7105(a) is intended to eliminatethe need for two odometer disclosures in cer-tain transactions involving rental car com-panies, dealers, and automobile manufactur-ers by exempting the transfer of new motorvehicles from a manufacturer jointly to adealer and a rental car company. Subsection(b) responds to several recent Federal Dis-trict Court decisions holding the NHTSAdoes not have authority to exempt vehiclesfrom the odometer disclosure requirements,even when the purchasers of such vehiclesrely on service records rather than odom-eters to indicate wear and tear, such as inthe care of heavy trucks. This subsectionspecifically grants NHTSA such authority.

Section 7106 makes several miscellaneouschanges to title 49, United States Code, withrespect to NHTSA’s authorizing statutes.These changes in subsections (a) through (c)were requested by the Administration. Sub-section (a) closes a loophole which allowsauto parts stores and retailers to continue tosell defective equipment even though motorvehicle dealers would be prohibited fromselling the same item. This provision in-cludes retailers of motor vehicle equipmentin the prohibition on selling defective itemsof equipment.

Subsection (b) amends 49 U.S.C. 30123(‘‘Tires’’), to repeal subsections (a) (‘‘Label-ing Requirement’’), (b) (‘‘Contents ofLabel’’), and (c) (‘‘Additional Information’’).Under section 30123(a), the Secretary mustrequire manufacturers of pneumatic tires to‘‘permanently and conspicuously’’ label theirtires with specified information under sec-tion 30123(b) about the construction of thetires and the identity of the manufacturer.Section 30123(c) gives the Secretary discre-tionary authority to require that additionalsafety information be disclosed to a pur-chaser when a tire is sold.

Subsection (c) amends 49 U.S.C. 30127(g) toincrease the reporting interval on the effec-tiveness of occupant restraint systems fromevery six months to annually. The Adminis-tration expressed concern that the six-monthinterval was too short a time frame in whichto provide meaningful data to Congress.

Subsection (d) amends the American Auto-mobile Labeling Act (49 U.S.C. § 30204) tomake certain changes in the labeling re-quirement and the domestic content calcula-tions. Subparagraph (1)(A) provides that thelabor value of engine and transmission pro-duction is also included in the engine andtransmission origin determination and sub-paragraph (1)(B) codifies certain regulationswhich permit labor costs of parts manufac-tured at the same location as final vehicleassembly to be included in the vehicle’soverall content calculation, provided it doesnot occur during vehicle assembly. Subpara-graph (1)(C) institutes a tiered system for ac-counting for the domestic content of partsmanufactured by outside suppliers. Underthis subparagraph, supplies would reportcontent to the nearest five percent. For in-stance, 38 percent would be reported to themanufacturer as 40 percent, rather than zeroas under current law.

Paragraph (2) permits vehicle manufactur-ers to voluntarily add a line to the labelstating the country in which vehicle final as-sembly took place. Paragraph (3) permitsmanufacturers, on a voluntary basis, to sepa-rately display the domestic content of a par-ticular vehicle, based on its assembly plant.