II

Calendar No. 425

106TH CONGRESS

1ST SESSION S. 1144

[Report No. 106–226]

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. LAUTENBERG, Mr. LEAHY, Mr.

LIEBERMAN, Mr. MURKOWSKI, Mr. CLELAND, Mr. ROBB, Mr. DURBIN,

Ms. SNOWE, Ms. COLLINS, Mr. DEWINE, Mr. BAYH, Mr. TORRICELLI,

Mr. ALLARD, Mr. ABRAHAM, Mr. GRAHAM, Mr. MACK, Mr. SPECTER,

Mr. HOLLINGS, Mr. SCHUMER, Mr. BIDEN, Mr. REID, Mr. WYDEN, Mrs.

BOXER, Mr. ROTH, Mr. LOTT, Mrs. MURRAY, Mr. REED, and Mr.

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

to the Committee on Environment and Public Works

JANUARY 7, 2000

Reported under authority of the order of the Senate of November 19, 1999,

by Mr. SMITH of New Hampshire, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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,
2

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Surface Transpor3 tation Act of 1999’’.

4 SEC. 2. STATE INFRASTRUCTURE BANK PROGRAM.

5 (a) IN GENERAL.—Section 350 of the National High6 way System Designation Act of 1995 (23 U.S.C. 101 note;

7 109 Stat. 618) is amended—

8 (1) in subsection (a)(1), by striking ‘‘not to ex9 ceed 10’’;

10 (2) in subsections (b) and (j), by striking ‘‘fis11 cal years 1996 and 1997’’ each place it appears and

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

13 (3) in subsection (b)—

14 (A) in paragraph (2)—

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

16 ‘‘104(b)(5)(B), 144, and 160’’ and insert17 ing ‘‘104(b)(4) and 144’’; and

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

19 ‘‘each of section’’ and inserting ‘‘each of

20 sections 105 and’’; and

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

22 160’’.

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

24 Transportation Equity Act for the 21st Century (23

25 U.S.C. 181 note; 112 Stat. 251) is repealed.
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1 SEC. 3. HIGH PRIORITY PROJECTS FLEXIBILITY.

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

3 amended by adding at the end the following:

4 ‘‘(i) USE OF OTHER FUNDS.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) PROJECTS ELIGIBLE FOR APPOR7 TIONED FUNDS.—A State may use for a project

8 under this section any funds apportioned under

9 this title for which the project is eligible.

10 ‘‘(B) PROJECTS NOT ELIGIBLE FOR AP11 PORTIONED FUNDS.—If a project under this

12 section is not eligible for funds apportioned

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

14 funds apportioned to the State under section

15 104(b)(3), other than funds set aside or sub16 allocated under section 133(d).

17 ‘‘(2) REIMBURSEMENT.—Apportioned funds

18 used under paragraph (1) shall be reimbursed from

19 amounts allocated for the project under this section

20 in an amount equal to the amount used under para21 graph (1), but not to exceed the total of the

22 amounts allocated for the project under this sec23 tion.’’.
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1 SEC. 4. FUNDING FLEXIBILITY AND HIGH SPEED RAIL COR2 RIDORS.

3 (a) ELIGIBILITY OF PASSENGER RAIL FOR HIGHWAY

4 FUNDING.—

5 (1) NATIONAL HIGHWAY SYSTEM.—Section

6 103(b)(6) of title 23, United States Code, is amend7 ed by adding at the end the following:

8 ‘‘(Q) Acquisition, construction, reconstruc9 tion, and rehabilitation of, and preventative

10 maintenance for, intercity rail passenger facili11 ties and rolling stock.’’.

12 (2) SURFACE TRANSPORTATION PROGRAM.—

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

14 amended by inserting before the period at the end

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

16 rail’’.

17 (3) CONGESTION MITIGATION AND AIR QUALITY

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

19 23, United States Code, is amended—

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

21 the end;

22 (B) in paragraph (5), by striking the pe23 riod at the end and inserting ‘‘; or’’; and

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

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

26 quality benefits through acquisition, construction, re-
5

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1 construction, and rehabilitation of, and preventative

2 maintenance for, intercity rail passenger facilities

3 and rolling stock.’’.

4 (b) TRANSFER OF HIGHWAY AND TRANSIT FUNDS

5 TO AMTRAK AND PUBLICLY-OWNED PASSENGER RAIL

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

7 is amended—

8 (1) by redesignating paragraph (3) as para9 graph (4);

10 (2) by inserting after paragraph (2) the fol11 lowing:

12 ‘‘(3) TRANSFER TO AMTRAK AND PUBLICLY13 OWNED PASSENGER RAIL LINES.—Funds made

14 available under this title or chapter 53 of title 49

15 and transferred to the National Railroad Passenger

16 Corporation or to any publicly-owned intercity or in17 tracity passenger rail line shall be administered by

18 the Secretary in accordance with subtitle V of title

19 49, except that the provisions of this title or chapter

20 53 of title 49, as applicable, relating to the non-Fed21 eral share shall apply to the transferred funds.’’; and

22 (3) in paragraph (4) (as redesignated by para23 graph (1)), by striking ‘‘paragraphs (1) and (2)’’

24 and inserting ‘‘paragraphs (1) through (3)’’.
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1 SEC. 5. HISTORIC BRIDGES.

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

3 amended—

4 (1) in paragraph (3)—

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

6 eligible’’; and

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

8 inserting ‘‘subsection that are funded with

9 funds made available to carry out this section

10 shall not’’; and

11 (2) in paragraph (4)—

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

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

14 that the amount of reimbursable project costs

15 that are funded with funds made available to

16 carry out this section shall not’’; and

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

18 and inserting ‘‘section’’.

19 SEC. 6. ACCOUNTING SIMPLIFICATION.

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

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

22 is amended by striking ‘‘$2,000,000,000’’ each place it ap23 pears and inserting ‘‘$2,161,000,000’’.

24 SECTION 1. SHORT TITLE.

25 This Act may be cited as the ‘‘Surface Transportation

26 Act of 1999’’.
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1 SEC. 2. HIGH PRIORITY PROJECTS FLEXIBILITY.

2 (a) STATE DISTRIBUTION OF FUNDS.—Section 117 of

3 title 23, United States Code, is amended by striking sub4 section (h).

5 (b) USE OF OTHER FUNDS.—Section 117 of title 23,

6 United States Code (as amended by subsection (a)), is

7 amended by adding at the end the following:

8 ‘‘(h) USE OF OTHER FUNDS.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) PROJECTS ELIGIBLE FOR APPOR11 TIONED FUNDS.—A State may use for a project

12 under this section any funds apportioned under

13 this title for which the project is eligible.

14 ‘‘(B) PROJECTS NOT ELIGIBLE FOR APPOR15 TIONED FUNDS.—If a project under this section

16 is not eligible for funds apportioned under this

17 title, a State may use for the project funds ap18 portioned to the State under section 104(b)(3),

19 other than funds set aside or suballocated under

20 section 133(d).

21 ‘‘(2) REIMBURSEMENT.—Apportioned funds used

22 under paragraph (1) shall be reimbursed from

23 amounts allocated for the project under this section in

24 an amount equal to the amount used under para25 graph (1), but not to exceed the total of the amounts

26 allocated for the project under this section.’’.
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1 SEC. 3. FUNDING FLEXIBILITY AND HIGH SPEED RAIL COR2 RIDORS.

3 (a) ELIGIBILITY OF PASSENGER RAIL FOR HIGHWAY

4 FUNDING.—

5 (1) NATIONAL HIGHWAY SYSTEM.—Section

6 103(b)(6) of title 23, United States Code, is amended

7 by adding at the end the following:

8 ‘‘(Q) Acquisition, construction, reconstruc9 tion, and rehabilitation of, and preventative

10 maintenance for, intercity rail passenger facili11 ties and rolling stock (including passenger facili12 ties and rolling stock for transportation systems

13 using magnetic levitation).’’.

14 (2) SURFACE TRANSPORTATION PROGRAM.—Sec15 tion 133(b) of title 23, United States Code, is amend16 ed by inserting after paragraph (11) the following:

17 ‘‘(12) Capital costs for vehicles and facilities,

18 whether publicly or privately owned, that are used to

19 provide intercity passenger service by rail (including

20 vehicles and facilities that are used to provide trans21 portation systems using magnetic levitation).’’.

22 (3) CONGESTION MITIGATION AND AIR QUALITY

23 IMPROVEMENT PROGRAM.—Section 149(b) of title 23,

24 United States Code, is amended—

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

26 the end;
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1 (B) in paragraph (5), by striking the period

2 at the end and inserting ‘‘; or’’; and

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

4 ‘‘(6) if the project or program will have air qual5 ity benefits through acquisition, construction, recon6 struction, and rehabilitation of, and preventative

7 maintenance for, intercity rail passenger facilities

8 and rolling stock (including passenger facilities and

9 rolling stock for transportation systems using mag10 netic levitation).’’.

11 (b) TRANSFER OF HIGHWAY FUNDS TO AMTRAK AND

12 OTHER PUBLICLY-OWNED INTERCITY PASSENGER RAIL

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

14 amended—

15 (1) by redesignating paragraph (3) as para16 graph (4);

17 (2) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(3) TRANSFER TO AMTRAK AND OTHER PUB20 LICLY-OWNED INTERCITY PASSENGER RAIL LINES.—

21 Funds made available under this title and transferred

22 to the National Railroad Passenger Corporation or to

23 any other publicly-owned intercity passenger rail line

24 (including any rail line for a transportation system

25 using magnetic levitation) shall be administered by
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1 the Secretary in accordance with subtitle V of title 49,

2 except that the provisions of this title relating to the

3 non-Federal share shall apply to the transferred

4 funds.’’; and

5 (3) in paragraph (4) (as redesignated by para6 graph (1)), by striking ‘‘paragraphs (1) and (2)’’ and

7 inserting ‘‘paragraphs (1) through (3)’’.

8 SEC. 4. HISTORIC BRIDGES.

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

10 amended—

11 (1) in paragraph (3), by inserting ‘‘200 percent

12 of’’ after ‘‘shall not exceed’’; and

13 (2) in paragraph (4)—

14 (A) in the second sentence, by inserting

15 ‘‘200 percent of’’ after ‘‘not to exceed’’; and

16 (B) by striking the third sentence and in17 serting the following: ‘‘If a State determines that

18 the relocation of a historic bridge is a reasonable

19 alternative, the eligible reimbursable project costs

20 shall be equal to the greater of the Federal share

21 that would be available for the construction of a

22 new bicycle or pedestrian bridge or 200 percent

23 of the cost of demolition of the historic bridge.’’.
11

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1 SEC. 5. ACCOUNTING SIMPLIFICATION.

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

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

4 is amended by striking ‘‘$2,000,000,000’’ each place it ap5 pears and inserting ‘‘$2,161,000,000’’.

6 SEC. 6. COMMERCIAL MOTOR VEHICLE REGISTRATION IN7 FORMATION CLEARINGHOUSE.

8 Section 5209 of the Transportation Equity Act for the

9 21st Century (23 U.S.C. 502 note; 112 Stat. 460) is

10 amended—

11 (1) by redesignating subsections (d) and (e) as

12 subsections (e) and (f), respectively;

13 (2) by inserting after subsection (c) the fol14 lowing:

15 ‘‘(d) COMMERCIAL MOTOR VEHICLE REGISTRATION

16 INFORMATION CLEARINGHOUSE.—

17 ‘‘(1) IN GENERAL.—Under the program, the Sec18 retary shall establish a system consisting of—

19 ‘‘(A) a commercial motor vehicle registra20 tion information clearinghouse to facilitate the

21 electronic exchange and reconciliation of inter22 state commercial motor vehicle registration in23 formation; and

24 ‘‘(B) an electronic remittance netting func25 tion with electronic funds transfer capability

26 through a central United States bank to facili-
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1 tate payment of commercial motor vehicle reg2 istration fees.

3 ‘‘(2) INTRASTATE INFORMATION.—The system

4 under paragraph (1) shall include intrastate commer5 cial motor vehicle registration information to the ex6 tent that each State elects to submit such information

7 to the Secretary for the purposes of the system.

8 ‘‘(3) DELEGATION OF DUTIES.—The Secretary

9 may delegate, by means of a contract, the duties of the

10 Secretary under paragraph (1) to an entity outside

11 the Department of Transportation if the Secretary

12 provides continuing oversight of the activities of the

13 entity.

14 ‘‘(4) PARTICIPATION BY CANADA AND MEXICO.—

15 The Secretary shall work with representatives of the

16 Governments of Canada and Mexico and other appro17 priate officials to encourage their participation in the

18 clearinghouse established under paragraph (1).

19 ‘‘(5) FUNDING.—

20 ‘‘(A) IN GENERAL.—There shall be available

21 to carry out this subsection, from funds made

22 available to carry out this section, $2,000,000 for

23 each of fiscal years 2000, 2001, and 2002, to re24 main available until expended.
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1 ‘‘(B) INTRASTATE DATA.—In addition to

2 the amounts made available by subparagraph

3 (A), there shall be available, from funds made

4 available to carry out this section, such sums as

5 the Secretary determines are necessary to carry

6 out paragraph (2).

7 ‘‘(C) LIMITATION ON USE OF FUNDS.—Nei8 ther the Secretary nor an entity to which a dele9 gation is made under paragraph (3) may make

10 any expenditure of funds made available under

11 this paragraph to facilitate the participation by

12 a State in the system established under para13 graph (1) until the State enters into an agree14 ment with the Secretary and the Secretary of the

15 Treasury to submit interstate and intrastate

16 commercial motor vehicle registration informa17 tion to the Secretary of the Treasury.’’; and

18 (3) in subsection (f) (as redesignated by para19 graph (1)), by striking ‘‘the project’’ each place it ap20 pears and inserting ‘‘a project (other than the system

21 established under subsection (d))’’.

22 SEC. 7. TRANSFER FLEXIBILITY FOR MULTISTATE

23 PROJECTS.

24 Section 110 of title 23, United States Code (as added

25 by section 1310(a) of the Transportation Equity Act for the
14

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1 21st Century (112 Stat. 234)) is amended by adding at the

2 end the following:

3 ‘‘(d) MULTISTATE PROJECTS.—

4 ‘‘(1) IN GENERAL.—Notwithstanding any other

5 provision of this section, at the request of a State, the

6 Secretary may transfer apportioned funds and obliga7 tion authority from funds made available to the State

8 to another State or to the Federal Highway Adminis9 tration for the purpose of funding 1 or more specific

10 projects.

11 ‘‘(2) USE OF FUNDS.—The funds transferred

12 shall be used for the same purpose and in the same

13 manner as that for which the funds were authorized.

14 ‘‘(3) NO EFFECT ON APPORTIONMENTS.—A

15 transfer under paragraph (1) shall have no effect on

16 any apportionment formula used to distribute funds

17 to the States under section 104, 105, or 144.

18 ‘‘(4) CONCURRENCE BY METROPOLITAN PLAN19 NING ORGANIZATIONS.—Funds that are apportioned

20 to a State under section 104(b)(3) and required under

21 section 133(d)(3) to be obligated in an urbanized area

22 of a State with a population of over 200,000 individ23 uals may be transferred under this subsection only if

24 the metropolitan planning organization designated
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1 for the area concurs, in writing, with the transfer re2 quest.’’.

3 SEC. 8. NOISE BARRIERS.

4 Section 339 of the National Highway System Designa5 tion Act of 1995 is amended by striking subsection (b) (23

6 U.S.C. 109 note; 109 Stat. 605).

7 SEC. 9. TRANSPORTATION AND EMERGENCY COMMUNICA8 TIONS.

9 (a) FINDINGS.—Congress finds that—

10 (1) the establishment and maintenance of a com11 munications infrastructure connecting the public with

12 public safety, fire service, transportation, and law en13 forcement officials, emergency medical service pro14 viders and emergency dispatch providers, and hos15 pital emergency and trauma care facilities would—

16 (A) reduce response times for the delivery of

17 emergency care;

18 (B) assist in delivering appropriate care;

19 (C) prevent fatalities;

20 (D) substantially reduce the severity and

21 extent of injuries;

22 (E) reduce time lost from work;

23 (F) save thousands of lives and billions of

24 dollars in health care costs; and
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1 (G) improve the efficiency of the transpor2 tation systems of the United States;

3 (2) the rapid, efficient deployment of emergency

4 telecommunications service requires statewide coordi5 nation of the efforts of local public safety, fire service,

6 and law enforcement officials, emergency medical

7 service providers and emergency dispatch providers,

8 and transportation officials; and

9 (3) emerging technologies such as automatic

10 crash notification systems can be a critical component

11 of a communications infrastructure designed to reduce

12 emergency response times and provide appropriate

13 care.

14 (b) PURPOSE.—The purpose of this section is to en15 courage and facilitate the prompt deployment throughout

16 the United States of integrated emergency communications

17 and transportation information systems to meet the public

18 safety and transportation needs of the United States.

19 (c) RESEARCH ON AND DEVELOPMENT OF CRASH IN20 FORMATION SYSTEMS.—Section 5207 of the Transportation

21 Equity Act for the 21st Century (23 U.S.C. 502 note; 112

22 Stat. 457) is amended by adding at the end the following:

23 ‘‘(e) CRASH INFORMATION SYSTEMS.—

24 ‘‘(1) IN GENERAL.—For each of fiscal years 2000

25 through 2003, of the amounts made available under
17

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1 section 5001(a)(5), the Secretary may use such

2 amounts as are necessary for research on and develop3 ment of—

4 ‘‘(A) automatic crash notification systems

5 that, in the event of a crash of a motor vehicle,

6 will automatically use a wireless telephone or

7 other communications system in the vehicle to

8 transmit information about the crash to the ap9 propriate emergency personnel; and

10 ‘‘(B) a common interface system in motor

11 vehicles that permits all models of wireless

12 telephones—

13 ‘‘(i) to transmit crash data; and

14 ‘‘(ii) to be voice-activated, allowing

15 hands-free use.

16 ‘‘(2) USE OF FUNDS.—

17 ‘‘(A) AUTHORIZED USES.—The funding for

18 research and development authorized under

19 paragraph (1) shall include funding for research

20 and development conducted by trauma centers in

21 coordination with other emergency medical serv22 ice providers for the purpose of—

23 ‘‘(i) establishing decision protocols for

24 the use of data obtained from the systems

25 described in paragraph (1);
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1 ‘‘(ii) training emergency personnel in

2 the use of the data;

3 ‘‘(iii) establishing standardized meth4 ods for assessing the added value of auto5 matic crash notification systems and identi6 fying the factors causing changes in the in7 jury patterns of motor vehicle crashes;

8 ‘‘(iv) determining the injury prediction

9 value of various types of data that can be

10 obtained from automobiles; and

11 ‘‘(v) developing information distribu12 tion and training models for incorporating

13 the use of the data into emergency systems

14 throughout the United States.

15 ‘‘(B) GEOGRAPHIC DISTRIBUTION.—The

16 trauma centers receiving funding under subpara17 graph (A) shall be representative of the geo18 graphic diversity, population characteristics,

19 and climatic features of the United States.’’.

20 (d) SUPPORT FOR STATE DEPLOYMENT.—Section

21 5208 of the Transportation Equity Act for the 21st Century

22 (23 U.S.C. 502 note; 112 Stat. 458) is amended by adding

23 at the end the following:

24 ‘‘(h) EMERGENCY COMMUNICATIONS INFRASTRUCTURE

25 AND PROGRAMS.—
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1 ‘‘(1) SUPPORT FOR STATE DEPLOYMENT.—

2 ‘‘(A) IN GENERAL.—The Secretary shall en3 courage and support efforts by States to deploy

4 integrated emergency communications infra5 structure and programs, based on coordinated

6 statewide deployment plans such as the plans de7 veloped under subparagraph (C), including—

8 ‘‘(i) enhanced wireless 9–1–1 service;

9 and

10 ‘‘(ii) coordination and integration of

11 emergency communications with traffic con12 trol and management systems.

13 ‘‘(B) CONSULTATION AND COOPERATION.—

14 In encouraging and supporting the deployment

15 described in subparagraph (A), the Secretary

16 shall consult and cooperate with—

17 ‘‘(i) State and local officials respon18 sible for transportation policies, emergency

19 services, and public safety;

20 ‘‘(ii) emergency medical service pro21 viders and emergency dispatch providers;

22 ‘‘(iii) special 9–1–1 districts;

23 ‘‘(iv) public safety, fire service, and

24 law enforcement officials;

25 ‘‘(v) consumer groups;
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1 ‘‘(vi) hospital emergency and trauma

2 care personnel (including emergency physi3 cians, trauma surgeons, and nurses);

4 ‘‘(vii) the telecommunications industry

5 (including cellular and other wireless tele6 communications service providers);

7 ‘‘(viii) the motor vehicle manufac8 turing industry; and

9 ‘‘(ix) the intelligent transportation sys10 tems industry.

11 ‘‘(C) COORDINATED STATEWIDE DEPLOY12 MENT PLANS.—As a condition of receipt of fund13 ing under this subsection, each State shall agree

14 to—

15 ‘‘(i) develop and implement a coordi16 nated statewide deployment plan, through

17 an entity designated by the Governor under

18 paragraph (2)(B)(i); and

19 ‘‘(ii) include representatives of the in20 dividuals and entities described in subpara21 graph (B) in development and implementa22 tion of the coordinated statewide deploy23 ment plan.

24 ‘‘(2) GRANTS TO STATES.—
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1 ‘‘(A) IN GENERAL.—For each of fiscal years

2 2001 through 2003, the Secretary shall use not

3 less than $5,000,000 of the amounts made avail4 able under section 5001(c)(4)(A) to make grants

5 to States in accordance with this paragraph.

6 ‘‘(B) STATE PLAN FOR USE OF GRANT

7 FUNDS.—A State seeking to obtain a grant

8 under this paragraph shall submit to the Sec9 retary an application containing a State plan

10 for the use of the grant funds for the deployment

11 and functioning of an integrated emergency com12 munications and transportation information

13 system, including enhanced wireless 9–1–1 serv14 ice, that—

15 ‘‘(i) designates an entity to lead the de16 velopment and implementation of the co17 ordinated statewide deployment plan under

18 paragraph (1)(C) and to consult with the

19 individuals and entities described in para20 graph (1)(B);

21 ‘‘(ii) describes the activities to be car22 ried out using the grant funds;

23 ‘‘(iii) identifies any entity that will be

24 used to administer the grant in accordance

25 with subparagraph (D);
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1 ‘‘(iv) contains a description of the

2 mechanisms used, or proposed to be used, in

3 the State for recovery by wireless carriers of

4 costs related to the provision of automatic

5 numbering identification and call location

6 services; and

7 ‘‘(v) provides such assurances as the

8 Secretary may require that the grant funds

9 will be used to implement the plan for the

10 use of the grant funds in a manner con11 sistent with this subsection.

12 ‘‘(C) USE OF FUNDS.—Funds made avail13 able through a grant under this paragraph may

14 be used to pay—

15 ‘‘(i) the costs associated with creating

16 and convening, for the purpose of devel17 oping and implementing a coordinated

18 statewide deployment plan under paragraph

19 (1)(C), a Governor’s Task Force that in20 cludes representatives of—

21 ‘‘(I) public safety, fire service,

22 transportation, and law enforcement

23 officials;
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1 ‘‘(II) emergency medical service

2 providers and emergency dispatch pro3 viders;

4 ‘‘(III) wireless carriers;

5 ‘‘(IV) automobile manufacturers;

6 ‘‘(V) highway safety officials; and

7 ‘‘(VI) the public; and

8 ‘‘(ii) the costs associated with the ac9 quisition, upgrade, or modification of intel10 ligent transportation systems software or

11 equipment to be used in the coordinated

12 statewide deployment plan.

13 ‘‘(D) ADMINISTRATION OF GRANT FUNDS.—

14 A State that receives a grant under this para15 graph may—

16 ‘‘(i) directly administer the funds pro17 vided through the grant; or

18 ‘‘(ii) administer the funds through—

19 ‘‘(I) a governmental entity of the

20 State;

21 ‘‘(II) a political subdivision of the

22 State; or

23 ‘‘(III) an entity that provides

24 public safety services, transportation
24

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1 services, or administrative services on

2 behalf of the State government.’’.

3 (e) DEFINITIONS.—Section 5211 of the Transportation

4 Equity Act for the 21st Century (23 U.S.C. 502 note; 112

5 Stat. 461) is amended—

6 (1) by redesignating paragraphs (4) through (6),

7 (7), and (8) as paragraphs (6) through (8), (10), and

8 (11), respectively;

9 (2) by inserting after paragraph (3) the fol10 lowing:

11 ‘‘(4) EMERGENCY DISPATCH PROVIDER.—The

12 term ‘emergency dispatch provider’ means a govern13 mental or nongovernmental provider of emergency

14 dispatch services.

15 ‘‘(5) ENHANCED WIRELESS 9–1–1 SERVICE.—The

16 term ‘enhanced wireless 9–1–1 service’ means any en17 hanced 9–1–1 service so designated by the Federal

18 Communications Commission in the proceeding enti19 tled ‘Revision of the Commission’s Rules to Ensure

20 Compatibility with Enhanced 911 Emergency Calling

21 Systems’ (CC Docket No. 94–102; RM–8143), or any

22 successor proceeding.’’;

23 (3) by inserting after paragraph (8) (as redesig24 nated by paragraph (1) the following:
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1 ‘‘(9) PUBLIC SAFETY ANSWERING POINT.—The

2 term ‘public safety answering point’ means a facility

3 that has been designated by a State or local govern4 ment to receive 9–1–1 calls and to route the calls to

5 emergency service personnel.’’; and

6 (4) by adding at the end the following:

7 ‘‘(12) WIRELESS 9–1–1 SERVICE.—The term

8 ‘wireless 9–1–1 service’ means any 9–1–1 service pro9 vided by a wireless carrier, including enhanced wire10 less 9–1–1 service.

11 ‘‘(13) WIRELESS CARRIER.—The term ‘wireless

12 carrier’ means a provider of commercial mobile serv13 ices or any other radio communications service that

14 the Federal Communications Commission requires to

15 provide wireless 9–1–1 service.’’.

16 SEC. 10. RAILROAD HIGHWAY GRADE CROSSINGS.

17 (a) IN GENERAL.—Not later than 90 days after the

18 date of enactment of this Act, the Secretary of Transpor19 tation shall initiate rulemaking procedures to revise the

20 Manual on Uniform Traffic Control Devices for Streets and

21 Highways (as described in section 655.601 of title 23, Code

22 of Federal Regulations (or a successor regulation)) to re23 quire that any sign for a railroad highway grade crossing

24 without a gate and automatic protection device—
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1 (1) indicate that the driver of a motor vehicle

2 must check the railroad tracks for oncoming trains be3 fore crossing at the grade crossing; and

4 (2) be distinguishable from a sign for a railroad

5 highway grade crossing with a gate and automatic

6 protection device.

7 (b) CONSISTENCY WITH RAILROAD HIGHWAY GRADE

8 CROSSING PROGRAM.—The regulations promulgated by the

9 Secretary of Transportation under this section shall be con10 sistent with the regulations promulgated by the Secretary

11 under section 20134 of title 49, United States Code.

12 SEC. 11. TRANSPORTATION AND COMMUNITY AND SYSTEM

13 PRESERVATION PILOT PROGRAM.

14 Section 1221 of the Transportation Equity Act for the

15 21st Century (23 U.S.C. 101 note; 112 Stat. 221) is

16 amended—

17 (1) by redesignating subsection (e) as subsection

18 (f);

19 (2) in subsection (f) (as so redesignated), by add20 ing at the end the following:

21 ‘‘(3) RESERVATION OF FUNDS FOR PLANNING.—

22 Notwithstanding any other provision of law except a

23 provision of law that specifically amends or limits the

24 applicability of this paragraph, for each fiscal year,

25 not less than 50 percent of the funds authorized under
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1 this subsection shall be made available to carry out

2 subsection (c).’’; and

3 (3) by inserting after subsection (d) the fol4 lowing:

5 ‘‘(e) REQUIREMENTS FOR FUNDING.—Notwithstanding

6 any other provision of law except a provision of law that

7 specifically amends or limits the applicability of this sub8 section, for each fiscal year, the Secretary shall not fund

9 any project using funds authorized under subsection (f) un10 less the Secretary determines that—

11 ‘‘(1) the applicant submitted an application, in

12 the form required by the Secretary, by the deadline

13 specified by the Secretary for the fiscal year; and

14 ‘‘(2) the project meets the criteria for funding

15 under this section.’’.

16 SEC. 12. TECHNICAL CORRECTIONS AND CLARIFICATIONS.

17 (a) TRANSPORTATION INFRASTRUCTURE FINANCE AND

18 INNOVATION FUNDING.—Section 188 of title 23, United

19 States Code, is amended—

20 (1) in subsection (a), by striking paragraph (2)

21 and inserting the following:

22 ‘‘(2) ADMINISTRATIVE COSTS.—From funds

23 made available under paragraph (1), the Secretary

24 may use not more than $2,000,000 for each of fiscal

25 years 2000 through 2003 for the administration of—
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1 ‘‘(A) this subchapter;

2 ‘‘(B) section 339 of Public Law 102–388

3 (106 Stat. 1552);

4 ‘‘(C) section 336 of Public Law 103–331

5 (108 Stat. 2495); and

6 ‘‘(D) the matter under the heading ‘DIRECT

7 LOAN FINANCING PROGRAM’ in Public Law 104–

8 208 (110 Stat. 3009–513).’’; and

9 (2) in subsection (c)—

10 (A) by striking ‘‘AMOUNTS.—For’’ and in11 serting the following: ‘‘AMOUNTS.—

12 ‘‘(1) IN GENERAL.—For’’; and

13 (B) by adding at the end the following:

14 ‘‘(2) AVAILABILITY.—If the amount specified in

15 paragraph (1) for a fiscal year exceeds the principal

16 amount of Federal credit instruments made available

17 for the fiscal year under this subchapter, the excess

18 amount shall be added to the amount specified in

19 paragraph (1) for the following fiscal year.’’.

20 (b) PAYMENT OF CERTAIN COSTS.—Section 322 of title

21 23, United States Code, is amended—

22 (1) in subsection (b)—

23 (A) in the first sentence of paragraph (1),

24 by inserting ‘‘the program administrative costs

25 and’’ after ‘‘to pay’’;
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1 (B) by striking paragraph (2); and

2 (C) by redesignating paragraph (3) as

3 paragraph (2); and

4 (2) in subsection (e)(8)—

5 (A) by striking ‘‘in design and engineer6 ing’’; and

7 (B) by striking ‘‘and enhanced’’.

8 (c) INTELLIGENT TRANSPORTATION SYSTEM DEPLOY9 MENT.—

10 (1) IN GENERAL.—Section 5001 of the Transpor11 tation Equity Act for the 21st Century (112 Stat.

12 419) is amended—

13 (A) in subsection (a), by striking paragraph

14 (6) and inserting the following:

15 ‘‘(6) ITS DEPLOYMENT.—

16 ‘‘(A) FISCAL YEARS 1998 THROUGH 2000.—

17 For carrying out sections 5208 and 5209,

18 $101,000,000 for fiscal year 1998, $105,000,000

19 for fiscal year 1999, and $113,000,000 for fiscal

20 year 2000.

21 ‘‘(B) FISCAL YEARS 2001 THROUGH 2003.—

22 ‘‘(i) INTELLIGENT TRANSPORTATION

23 SYSTEM INTEGRATION PROGRAM.—For car24 rying out section 5208, $83,000,000 for fis-
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1 cal year 2001, $85,000,000 for fiscal year

2 2002, and $85,000,000 for fiscal year 2003.

3 ‘‘(ii) COMMERCIAL VEHICLE INTEL4 LIGENT TRANSPORTATION SYSTEM INFRA5 STRUCTURE DEPLOYMENT.—For carrying

6 out section 5209, $32,200,000 for fiscal year

7 2001, $33,500,000 for fiscal year 2002, and

8 $35,500,000 for fiscal year 2003.’’;

9 (B) in subsection (c), by striking paragraph

10 (4); and

11 (C) in subsection (d), by striking ‘‘(4)’’ and

12 inserting ‘‘(3)’’.

13 (2) CONFORMING AMENDMENTS.—

14 (A) Section 5208 of the Transportation Eq15 uity Act for the 21st Century (23 U.S.C. 502

16 note; 112 Stat. 458) is amended in each of sub17 sections (e), (g)(2)(B), and (g)(3)(B) by striking

18 ‘‘5001(c)(4)(A)’’ and inserting ‘‘5001(a)(6)(A)’’.

19 (B) Section 5212 of the Transportation Eq20 uity Act for the 21st Century (23 U.S.C. 502

21 note; 112 Stat. 462) is amended—

22 (i) in subsection (a)(2), by striking

23 ‘‘5001(a)(6)’’ and inserting

24 ‘‘5001(a)(6)(A)’’; and
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1 (ii) in subsection (c)(2), by striking

2 ‘‘5001(a)(6)’’ and inserting

3 ‘‘5001(a)(6)(A)’’.

4 (d) USE OF FUNDING FOR VALUE PRICING PILOT PRO5 GRAM.—Section 1012(b)(8) of the Intermodal Surface

6 Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;

7 105 Stat. 1938, 112 Stat. 211, 848) is amended—

8 (1) by redesignating subparagraphs (A) through

9 (C) as subparagraphs (B) through (D), respectively;

10 and

11 (2) by inserting before subparagraph (B) (as so

12 redesignated) the following:

13 ‘‘(A) IN GENERAL.—Funds made available

14 from the Highway Trust Fund to carry out this

15 subsection may be used—

16 ‘‘(i) to make allocations to States for

17 payment of the Federal share of value pric18 ing pilot programs under this subsection;

19 ‘‘(ii) to pay administrative expenses

20 incurred by the Secretary in providing tech21 nical assistance to States in connection

22 with value pricing pilot programs; and

23 ‘‘(iii) to support public outreach, im24 plementation, and evaluation of the policy

25 of providing commuters the choice of trans-
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1 portation fringe benefits or taxable cash

2 compensation under the amendments to the

3 Internal Revenue Code of 1986 made by sec4 tion 9010 of the Transportation Equity Act

5 for the 21st Century (112 Stat. 507).’’.

6 (e) SAFETY INCENTIVES TO PREVENT OPERATION OF

7 MOTOR VEHICLES BY INTOXICATED PERSONS.—Section

8 163 of title 23, United States Code, is amended—

9 (1) in subsection (b), by striking ‘‘shall be appor10 tioned’’ and inserting ‘‘shall be allocated’’; and

11 (2) in subsection (c), by striking ‘‘apportioned’’

12 and inserting ‘‘allocated’’.

Calendar No. 425

106TH CONGRESS

1ST SESSION S. 1144

[Report No. 106–226]

A BILL

To provide increased flexibility in use of highway

funding, and for other purposes.

JANUARY 7, 2000

Reported with an amendment