II

106TH CONGRESS

1ST SESSION S. 1144

To provide increased flexibility in use of highway funding, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Mr. VOINOVICH (for himself, Mr. CHAFEE, Mr. JEFFORDS, Mr. MOYNIHAN,

Mr. WARNER, Mrs. HUTCHISON, Mr. REID, Mr. LAUTENBERG, and Mr.

LEAHY) introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To provide increased flexibility in use of highway funding,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Surface Transpor5 tation Act of 1999’’.

6 SEC. 2. STATE INFRASTRUCTURE BANK PROGRAM.

7 (a) IN GENERAL.—Section 350 of the National High8 way System Designation Act of 1995 (23 U.S.C. 101 note;

9 109 Stat. 618) is amended—
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1 (1) in subsection (a)(1), by striking ‘‘not to ex2 ceed 10’’;

3 (2) in subsections (b) and (j), by striking ‘‘fis4 cal years 1996 and 1997’’ each place it appears and

5 inserting ‘‘fiscal years 1996 through 2003’’; and

6 (3) in subsection (b)—

7 (A) in paragraph (2)—

8 (i) in subparagraph (A), by striking

9 ‘‘104(b)(5)(B), 144, and 160’’ and insert10 ing ‘‘104(b)(4) and 144’’; and

11 (ii) in subparagraph (B), by striking

12 ‘‘each of section’’ and inserting ‘‘each of

13 sections 105 and’’; and

14 (B) in paragraph (4), by striking ‘‘or

15 160’’.

16 (b) CONFORMING AMENDMENT.—Section 1511 of the

17 Transportation Equity Act for the 21st Century (23

18 U.S.C. 181 note; 112 Stat. 251) is repealed.

19 SEC. 3. HIGH PRIORITY PROJECTS FLEXIBILITY.

20 Section 117 of title 23, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(i) USE OF OTHER FUNDS.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) PROJECTS ELIGIBLE FOR APPOR25 TIONED FUNDS.—A State may use for a project
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1 under this section any funds apportioned under

2 this title for which the project is eligible.

3 ‘‘(B) PROJECTS NOT ELIGIBLE FOR AP4 PORTIONED FUNDS.—If a project under this

5 section is not eligible for funds apportioned

6 under this title, a State may use for the project

7 funds apportioned to the State under section

8 104(b)(3), other than funds set aside or sub9 allocated under section 133(d).

10 ‘‘(2) REIMBURSEMENT.—Apportioned funds

11 used under paragraph (1) shall be reimbursed from

12 amounts allocated for the project under this section

13 in an amount equal to the amount used under para14 graph (1), but not to exceed the total of the

15 amounts allocated for the project under this sec16 tion.’’.

17 SEC. 4. FUNDING FLEXIBILITY AND HIGH SPEED RAIL COR18 RIDORS.

19 (a) ELIGIBILITY OF PASSENGER RAIL FOR HIGHWAY

20 FUNDING.—

21 (1) NATIONAL HIGHWAY SYSTEM.—Section

22 103(b)(6) of title 23, United States Code, is amend23 ed by adding at the end the following:

24 ‘‘(Q) Acquisition, construction, reconstruc25 tion, and rehabilitation of, and preventative
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1 maintenance for, intercity rail passenger facili2 ties and rolling stock.’’.

3 (2) SURFACE TRANSPORTATION PROGRAM.—

4 Section 133(b)(2) of title 23, United States Code, is

5 amended by inserting before the period at the end

6 the following: ‘‘, rail, or a combination of bus and

7 rail’’.

8 (3) CONGESTION MITIGATION AND AIR QUALITY

9 IMPROVEMENT PROGRAM.—Section 149(b) of title

10 23, United States Code, is amended—

11 (A) in paragraph (4), by striking ‘‘or’’ at

12 the end;

13 (B) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; or’’; and

15 (C) by adding at the end the following:

16 ‘‘(6) if the project or program will have air

17 quality benefits through acquisition, construction, re18 construction, and rehabilitation of, and preventative

19 maintenance for, intercity rail passenger facilities

20 and rolling stock.’’.

21 (b) TRANSFER OF HIGHWAY AND TRANSIT FUNDS

22 TO AMTRAK AND PUBLICLY-OWNED PASSENGER RAIL

23 LINES.—Section 104(k) of title 23, United States Code,

24 is amended—
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1 (1) by redesignating paragraph (3) as para2 graph (4);

3 (2) by inserting after paragraph (2) the fol4 lowing:

5 ‘‘(3) TRANSFER TO AMTRAK AND PUBLICLY6 OWNED PASSENGER RAIL LINES.—Funds made

7 available under this title or chapter 53 of title 49

8 and transferred to the National Railroad Passenger

9 Corporation or to any publicly-owned intercity or in10 tracity passenger rail line shall be administered by

11 the Secretary in accordance with subtitle V of title

12 49, except that the provisions of this title or chapter

13 53 of title 49, as applicable, relating to the non-Fed14 eral share shall apply to the transferred funds.’’; and

15 (3) in paragraph (4) (as redesignated by para16 graph (1)), by striking ‘‘paragraphs (1) and (2)’’

17 and inserting ‘‘paragraphs (1) through (3)’’.

18 SEC. 5. HISTORIC BRIDGES.

19 Section 144(o) of title 23, United States Code, is

20 amended—

21 (1) in paragraph (3)—

22 (A) by inserting ‘‘amount of’’ before ‘‘costs

23 eligible’’; and

24 (B) by striking ‘‘subsection shall not’’ and

25 inserting ‘‘subsection that are funded with
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1 funds made available to carry out this section

2 shall not’’; and

3 (2) in paragraph (4)—

4 (A) in the second sentence, by striking ‘‘up

5 to an amount not to’’ and inserting ‘‘, except

6 that the amount of reimbursable project costs

7 that are funded with funds made available to

8 carry out this section shall not’’; and

9 (B) in the last sentence, by striking ‘‘title’’

10 and inserting ‘‘section’’.

11 SEC. 6. ACCOUNTING SIMPLIFICATION.

12 Section 1102(c)(4) of the Transportation Equity Act

13 for the 21st Century (23 U.S.C. 104 note; 112 Stat. 116)

14 is amended by striking ‘‘$2,000,000,000’’ each place it ap15 pears and inserting ‘‘$2,161,000,000’’.

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