Union Calendar No. 133

104TH CONGRESS

1ST SESSION H. R. 2274

[Report No. 104–246]

A BILL

To amend title 23, United States Code, to desother purposes. ignate the National Highway System, and for

SEPTEMBER 14, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 133

104TH CONGRESS

1ST SESSION H. R. 2274

[Report No. 104–246]

To amend title 23, United States Code, to designate the National Highway

System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 7, 1995

Mr. SHUSTER (for himself, Mr. PETRI, Mr. MINETA, and Mr. RAHALL) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

SEPTEMBER 14, 1995

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on September 7, 1995]

A BILL

To amend title 23, United States Code, to designate the

National Highway System, 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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘National Highway System Designation Act of 1995’’.

4 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Secretary defined.

TITLE I—NATIONAL HIGHWAY SYSTEM

Sec. 101. National Highway System designation.

Sec. 102. Distribution of fiscal year 1997 highway funds.

Sec. 103. Treatment of fiscal year 1997 transit funds.

TITLE II—HIGHWAY FUNDING RESTORATION

Sec. 201. Short title.

Sec. 202. Findings and purposes.

Sec. 203. State high priority project restoration program.

Sec. 204. Rescissions.

Sec. 205. State unobligated balance flexibility.

Sec. 206. Minimum allocation.

Sec. 207. Relief from mandates.

Sec. 208. Definitions.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Distribution of transit operating assistance limitation.

Sec. 302. Accountability for high cost Federal-aid projects.

Sec. 303. Letters of intent and full financing grant and early systems work agreements.

Sec. 304. Report on capital projects.

Sec. 305. Repeal and modification of existing projects.

Sec. 306. Miscellaneous transit projects.

Sec. 307. Metropolitan planning for transit projects.

Sec. 308. Contracting for engineering and design services.

Sec. 309. Ferry boats and terminal facilities.

Sec. 310. Utilization of the private sector for surveying and mapping services.

Sec. 311. Formula grant program.

Sec. 312. Accessibility of over-the-road buses to individuals with disabilities.

Sec. 313. Alaska Railroad.

Sec. 314. Alcohol and controlled substances testing.

Sec. 315. Alcohol-impaired driving countermeasures.

Sec. 316. Safety research initiatives.

Sec. 317. Public transit vehicles exemption.

Sec. 318. Congestion mitigation and air quality improvement program.

Sec. 319. Quality improvement.

Sec. 320. Applicability of transportation conformity requirements.

Sec. 321. Quality through competition.

Sec. 322. Applicability of certain vehicle weight limitations in Wisconsin.

Sec. 323. Treatment of Centennial Bridge, Rock Island, Illinois, agreement.

Sec. 324. Metric requirements and signs.

Sec. 325. ISTEA technical clarification.
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Sec. 326. Metropolitan planning for highway projects.

Sec. 327. Non-Federal share for certain toll bridge projects.

Sec. 328. Discovery and admission as evidence of certain reports and surveys.

Sec. 329. National recreational trails.

Sec. 330. Identification of high priority corridors.

Sec. 331. High priority corridor feasibility studies.

Sec. 332. High cost bridge projects.

Sec. 333. Congestion relief projects.

Sec. 334. High priority corridors on National Highway System.

Sec. 335. High priority corridor projects.

Sec. 336. Rural access projects.

Sec. 337. Urban access and mobility projects.

Sec. 338. Innovative projects.

Sec. 339. Intermodal projects.

Sec. 340. Miscellaneous revisions to Surface Transportation and Uniform Relocation Assistance Act of 1987.

Sec. 341. Eligibility.

Sec. 342. Orange County, California, toll roads.

Sec. 343. Miscellaneous studies.

Sec. 344. Collection of bridge tolls.

Sec. 345. National driver register.

Sec. 346. Roadside barrier technology.

Sec. 347. Motorist call boxes.

Sec. 348. Repeal of national maximum speed limit compliance program.

Sec. 349. Elimination of penalty for noncompliance for motorcycle helmets.

Sec. 350. Safety rest areas.

Sec. 351. Exemptions from requirements relating to commercial motor vehicles

and their operators.

Sec. 352. Traffic control signs.

Sec. 353. Brightman Street Bridge, Fall River Harbor, Massachusetts.

TITLE IV—TRUTH IN BUDGETING

Sec. 401. Short title.

Sec. 402. Budgetary treatment of Highway Trust Fund, Airport and Airway

Trust Fund, Inland Waterways Trust Fund, and Harbor Maintenance Trust Fund.

Sec. 403. Safeguards against deficit spending out of Airport and Airway Trust

Fund.

Sec. 404. Safeguards against deficit spending out of the Inland Waterways Trust

Fund and Harbor Maintenance Trust Fund.

Sec. 405. Applicability.

1 SEC. 2. SECRETARY DEFINED.

2 In this Act, the term ‘‘Secretary’’ means the Secretary

3 of Transportation.
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1 TITLE I—NATIONAL HIGHWAY

2 SYSTEM

3 SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

4 Section 103 of title 23, United States Code, is amended

5 by inserting after subsection (b) the following:

6 ‘‘(c) INITIAL DESIGNATION OF NHS.—The National

7 Highway System as submitted by the Secretary of Trans8 portation on the map entitled ‘Official Submission, Na9 tional Highway System, Federal Highway Administra10 tion’, and dated September 1, 1995, is hereby designated

11 within the United States, including the District of Colum12 bia and the Commonwealth of Puerto Rico.

13 ‘‘(d) MODIFICATIONS TO THE NHS.—

14 ‘‘(1) PROPOSED MODIFICATIONS.—The Secretary

15 may submit for approval to the Committee on Envi16 ronment and Public Works of the Senate and the

17 Committee on Transportation and Infrastructure of

18 the House of Representatives proposed modifications

19 to the National Highway System. The Secretary may

20 only propose a modification under this subsection if

21 the Secretary determines that such modification meets

22 the criteria and requirements of subsection (b). Pro23 posed modifications may include new segments and

24 deletion of existing segments of the National Highway

25 System.
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1 ‘‘(2) APPROVAL OF CONGRESS REQUIRED.—A

2 modification to the National Highway System may

3 only take effect if a law has been enacted approving

4 such modification.

5 ‘‘(3) REQUIRED SUBMISSIONS.—

6 ‘‘(A) INITIAL SUBMISSION.—Not later than

7 180 days after the date of the enactment of the

8 National Highway System Designation Act of

9 1995, the Secretary shall submit under para10 graph (1) proposed modifications to the National

11 Highway System. Such modifications shall in12 clude a list and description of additions to the

13 National Highway System consisting of connec14 tions to major ports, airports, international bor15 der crossings, public transportation and transit

16 facilities, interstate bus terminals, and rail and

17 other intermodal transportation facilities.

18 ‘‘(B) CONGRESSIONAL HIGH PRIORITY COR19 RIDORS.—Upon the completion of feasibility

20 studies, the Secretary shall submit under para21 graph (1) proposed modifications to the National

22 Highway System consisting of any congressional

23 high priority corridor or any segment thereof es24 tablished by section 1105 of the Intermodal Sur25 face Transportation Efficiency Act of 1991 (105
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1 Stat. 2037) which was not identified on the Na2 tional Highway System designated by subsection

3 (c).

4 ‘‘(4) INTERIM ELIGIBILITY.—

5 ‘‘(A) IN GENERAL.—Notwithstanding para6 graph (2), a modification to the National High7 way System which adds to the National High8 way System a connection to a major port, air9 port, international border crossing, public trans10 portation or transit facility, interstate bus ter11 minal, or rail or other intermodal transportation

12 facility shall be eligible for funds apportioned

13 under section 104(b)(1) for the National High14 way System if the Secretary finds that such

15 modification is consistent with criteria developed

16 by the Secretary for such modifications to the

17 National Highway System.

18 ‘‘(B) PERIOD OF ELIGIBILITY.—A modifica19 tion to the National Highway System which is

20 eligible under subparagraph (A) for funds appor21 tioned under section 104(b)(1) may remain eligi22 ble for such funds only until the date on which

23 a law has been enacted approving modifications

24 to the National Highway System which connect
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1 the National Highway System to facilities re2 ferred to in subparagraph (A).’’.

3 SEC. 102. DISTRIBUTION OF FISCAL YEAR 1997 HIGHWAY

4 FUNDS.

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, the Secretary shall not apportion or allocate,

7 prior to August 1, 1997, any funds authorized to be appro8 priated or made available for fiscal year 1997 under—

9 (1) title 23, United States Code (other than sec10 tions 125 and 157), except amounts necessary for the

11 administration of the Federal Highway Administra12 tion under section 104(a);

13 (2) title I or VI of the Intermodal Surface

14 Transportation Efficiency Act of 1991 (other than

15 sections 1103 through 1108);

16 (3) title IV of the Surface Transportation Assist17 ance Act of 1982; or

18 (4) section 203(b) of this Act, relating to the

19 State high priority project restoration program; and

20 (b) MINIMUM ALLOCATION.—

21 (1) DETERMINATION.—For purposes of determin22 ing allocations under section 157(a)(4) of title 23,

23 United States Code, the Secretary shall treat appor24 tionments and allocations that are subject to sub25 section (a) as having been made on October 1, 1996.
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1 (2) SPECIAL RULE.—Amounts made available

2 under section 157 of such title in fiscal year 1997

3 shall not be obligated at a rate higher than the histor4 ical rate of obligation of funds made available under

5 such section.

6 SEC. 103. TREATMENT OF FISCAL YEAR 1997 TRANSIT

7 FUNDS.

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the Secretary shall not apportion or allocate

10 prior to August 1, 1997, any of the funds authorized to be

11 appropriated or made available for fiscal year 1997 under

12 section 5338 of title 49, United States Code (other than

13 amounts necessary for administrative expenses of the Fed14 eral Transit Administration).

15 (b) ADDITIONAL LIMITATION ON OBLIGATIONS.—Any

16 funds appropriated after the date of the enactment of this

17 Act to carry out sections 5303–5306, 5308, 5310, 5311,

18 5313, 5314, 5317, 5320, 5327, 5334(a), and 5334(c) of title

19 49, United States Code, and substitute transit projects

20 under section 103(e)(4) of title 23, United States Code, and

21 to carry out section 5309 of title 49, United States Code,

22 may not be obligated before August 1, 1997.
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1 TITLE II—HIGHWAY FUNDING

2 RESTORATION

3 SEC. 201. SHORT TITLE.

4 This title may be cited as the ‘‘Highway Funding

5 Restoration Act of 1995’’.

6 SEC. 202. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds and declares that—

8 (1) Federal infrastructure spending on highways

9 is critical to the efficient movement of goods and peo10 ple in the United States;

11 (2) section 1003(c) of the Intermodal Surface

12 Transportation Efficiency Act of 1991 has been esti13 mated to result in fiscal year 1996 highway spending

14 being reduced by as much as $4,200,000,000;

15 (3) such section 1003(c) will cause every State to

16 lose critical funds from the Highway Trust Fund that

17 can never be recouped; and

18 (4) the funding reduction would have disastrous

19 effects on the national economy, impede interstate

20 commerce, and jeopardize the 40-year Federal invest21 ment in the Nation’s highway system.

22 (b) PURPOSES.—The purposes of this Act are—

23 (1) to make the program categories in the cur24 rent Federal-aid highway program more flexible so
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1 that States may fund current, high-priority projects

2 in fiscal year 1996;

3 (2) to eliminate programs that are not critical

4 during fiscal year 1996 and to reallocate funds so

5 that the States will be able to continue their core

6 transportation infrastructure programs;

7 (3) to restore funding for exempt highway pro8 grams;

9 (4) to ensure the equitable distribution of funds

10 to urbanized areas with a population over 200,000 in

11 a manner consistent with the Intermodal Surface

12 Transportation Efficiency Act of 1991; and

13 (5) to suspend certain penalties that would be

14 imposed on the States in fiscal year 1996.

15 SEC. 203. STATE HIGH PRIORITY PROJECT RESTORATION

16 PROGRAM.

17 (a) IN GENERAL.—On October 1 of each of fiscal years

18 1996 and 1997, or as soon as possible thereafter, the Sec19 retary shall allocate among the States the amounts made

20 available to carry out this section for Interstate highway

21 substitute, National Highway System, surface transpor22 tation program, Interstate, congestion mitigation and air

23 quality improvement program, bridge, hazard elimination,

24 and rail-highway crossings projects.
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1 (b) ALLOCATION FORMULA.—Funds made available to

2 carry out this section shall be allocated among the States

3 in accordance with the following table:

States: Allocation Percentages

Alabama .................................................................................................... 1.80

Alaska ........................................................................................................ 1.20

Arizona ...................................................................................................... 1.43

Arkansas .................................................................................................... 1.42

California .................................................................................................. 9.17

Colorado .................................................................................................... 1.27

Connecticut ................................................................................................ 1.74

Delaware ................................................................................................... 0.39

District of Columbia ................................................................................. 0.52

Florida ....................................................................................................... 4.04

Georgia ...................................................................................................... 2.92

Hawaii ...................................................................................................... 0.54

Idaho .......................................................................................................... 0.70

Illinois ....................................................................................................... 3.88

Indiana ...................................................................................................... 2.18

Iowa ........................................................................................................... 1.27

Kansas ....................................................................................................... 1.13

Kentucky ................................................................................................... 1.53

Louisiana .................................................................................................. 1.52

Maine ......................................................................................................... 0.65

Maryland ................................................................................................... 1.68

Massachusetts ............................................................................................ 4.11

Michigan ................................................................................................... 2.75

Minnesota .................................................................................................. 1.69

Mississippi ................................................................................................ 1.11

Missouri ..................................................................................................... 2.28

Montana .................................................................................................... 0.93

Nebraska .................................................................................................... 0.79

Nevada ....................................................................................................... 0.69

New Hampshire ........................................................................................ 0.48

New Jersey ................................................................................................ 2.86

New Mexico ............................................................................................... 1.02

New York ................................................................................................... 5.35

North Carolina .......................................................................................... 2.62

North Dakota ............................................................................................ 0.64

Ohio ........................................................................................................... 3.64

Oklahoma .................................................................................................. 1.36

Oregon ....................................................................................................... 1.23

Pennsylvania ............................................................................................ 4.93

Rhode Island ............................................................................................. 0.56

South Carolina ......................................................................................... 1.42

South Dakota ............................................................................................ 0.69

Tennessee ................................................................................................... 2.00

Texas .......................................................................................................... 6.21

Utah ........................................................................................................... 0.73

Vermont ..................................................................................................... 0.43

Virginia ..................................................................................................... 2.28
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Washington ............................................................................................... 2.05

West Virginia ............................................................................................ 1.15

Wisconsin .................................................................................................. 1.90

Wyoming ................................................................................................... 0.65

Puerto Rico ............................................................................................... 0.46

Territories ................................................................................................. 0.01.

1 (c) EFFECT OF ALLOCATIONS.—Funds distributed to

2 States under subsection (b) shall not affect calculations to

3 determine allocations to States under section 157 of title

4 23, United States Code, and sections 1013(c), 1015(a), and

5 1015(b) of the Intermodal Surface Transportation Effi6 ciency Act of 1991.

7 (d) PERIOD OF AVAILABILITY.—Notwithstanding any

8 other provision of law, amounts made available to carry

9 out this section shall be available for obligation for the fiscal

10 year for which such amounts are made available plus the

11 3 succeeding fiscal years and shall be subject to the provi12 sions of title 23, United States Code. Obligation limitations

13 for Federal-aid highways and highway safety construction

14 programs established by the Intermodal Surface Transpor15 tation Efficiency Act of 1991 and subsequent laws shall

16 apply to obligations made under this section.

17 (e) SPECIAL RULE FOR URBANIZED AREAS OF OVER

18 200,000.—

19 (1) GENERAL RULE.—The percentage determined

20 under paragraph (2) of funds allocated to a State

21 under this section for a fiscal year shall be obligated

22 in urbanized areas of the State with an urbanized
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1 population of over 200,000 under section 133(d)(3) of

2 title 23, United States Code.

3 (2) PERCENTAGE.—The percentage referred to in

4 paragraph (1) is the percentage determined by divid5 ing—

6 (A) the total amount of the reduction in

7 funds which would have been attributed under

8 section 133(d)(3) of title 23, United States Code,

9 to urbanized areas of the State with an urban10 ized population of over 200,000 for fiscal year

11 1996 as a result of the application of section

12 1003(c) of the Intermodal Surface Transpor13 tation Efficiency Act of 1991; by

14 (B) the total amount of the reduction in au15 thorized funds for fiscal year 1996 that would

16 have been allocated to the State, and that would

17 have been apportioned to the State, as a result

18 of the application of such section 1003(c).

19 (f) LIMITATION ON PLANNING EXPENDITURES.—One20 half of 1 percent of amounts allocated to each State under

21 this section in any fiscal year may be available for expendi22 ture for the purpose of carrying out the requirements of sec23 tion 134 of title 23, United States Code (relating to transportation planning). 11 24 ⁄2 percent of the amounts allocated

25 to each State under this section in any fiscal year may
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1 be available for expenditure for the purpose of carrying out

2 activities referred to in subsection (c) of section 307 of such

3 title (relating to transportation planning and research).

4 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated, out of the Highway Trust

6 Fund (other than the Mass Transit Account), to carry out

7 this section $360,420,595 for fiscal year 1996 and

8 $155,000,000 for fiscal year 1997.

9 (h) APPLICABILITY OF CHAPTER 1 OF TITLE 23.—Ex10 cept as otherwise provided in this section, funds allocated

11 under this section shall be available for obligation in the

12 same manner and for the same purposes as if such funds

13 were apportioned under chapter 1 of title 23, United States

14 Code.

15 (i) TERRITORIES DEFINED.—In this section, the term

16 ‘‘territories’’ means the Virgin Islands, Guam, American

17 Samoa, and the Commonwealth of the Northern Mariana

18 Islands.

19 SEC. 204. RESCISSIONS.

20 (a) RESCISSIONS.—Effective October 1, 1995, and

21 after any necessary reductions are made under section

22 1003(c) of the Intermodal Surface Transportation Effi23 ciency Act of 1991, the following unobligated balances avail24 able on September 30, 1995, of funds made available for

25 the following provisions are hereby rescinded:
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1 (1) $78,993.92 made available by section 131(c)

2 of the Surface Transportation Assistance Act of 1982.

3 (2) $798,701.04 made available by section 131(j)

4 of the Surface Transportation Assistance Act of 1982.

5 (3) $942,249 made available for section

6 149(a)(66) of the Surface Transportation and Uni7 form Relocation Assistance Act of 1987.

8 (4) $88,195 made available for section

9 149(a)(111)(C) of the Surface Transportation and

10 Uniform Relocation Assistance Act of 1987.

11 (5) $155,174.41 made available for section

12 149(a)(111)(E) of the Surface Transportation and

13 Uniform Relocation Assistance Act of 1987.

14 (6) $36,979.05 made available for section

15 149(a)(111)(J) of the Surface Transportation and

16 Uniform Relocation Assistance Act of 1987.

17 (7) $34,281.53 made available for section

18 149(a)(111)(K) of the Surface Transportation and

19 Uniform Relocation Assistance Act of 1987.

20 (8) $164,532 made available for section

21 149(a)(111)(L) of the Surface Transportation and

22 Uniform Relocation Assistance Act of 1987.

23 (9) $86,070.82 made available for section

24 149(a)(111)(M) of the Surface Transportation and

25 Uniform Relocation Assistance Act of 1987.
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1 (10) $52,834 made available for section

2 149(a)(95) of the Surface Transportation and Uni3 form Relocation Assistance Act of 1987.

4 (11) $909,131 made available for section

5 149(a)(99) of the Surface Transportation and Uni6 form Relocation Assistance Act of 1987.

7 (12) $3,817,000 made available for section

8 149(a)(35) of the Surface Transportation and Uni9 form Relocation Assistance Act of 1987.

10 (13) $797,800 made available for section

11 149(a)(100) of the Surface Transportation and Uni12 form Relocation Assistance Act of 1987.

13 (14) $2 made available by section 149(c)(3) of

14 the Surface Transportation and Uniform Relocation

15 Assistance Act of 1987.

16 (15) $44,706,878 made available by section

17 1012(b)(6) of the Intermodal Surface Transportation

18 Efficiency Act of 1991.

19 (16) $15,401,107 made available by section

20 1003(a)(7) of the Intermodal Surface Transportation

21 Efficiency Act of 1991.

22 (17) $1,000,000 made available by item number

23 38 of the table contained in section 1108(b) of the

24 Intermodal Surface Transportation Efficiency Act of

25 1991.
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1 (18) $150,000,000 deducted by the Secretary

2 under section 104(a) of title 23, United States Code.

3 (19) $10,800,000 made available by section

4 5338(a)(1) of title 49, United States Code.

5 (b) REDUCTIONS IN AUTHORIZED AMOUNTS.—

6 (1) MAGNETIC LEVITATION.—Section 1036(d)(1)

7 of the Intermodal Surface Transportation Efficiency

8 Act of 1991 (105 Stat. 1986) is amended—

9 (A) in subparagraph (A) by inserting

10 ‘‘and’’ after ‘‘1994,’’;

11 (B) in subparagraph (A) by striking ‘‘,

12 $125,000,000’’ and all that follows through

13 ‘‘1997’’; and

14 (C) in subparagraph (B) by striking ‘‘1996,

15 and 1997’’ and inserting ‘‘and 1996’’.

16 (2) HIGHWAY SAFETY PROGRAMS.—Section

17 2005(1) of such Act (105 Stat. 2079) is amended—

18 (A) by striking ‘‘and’’ the first place it ap19 pears and inserting a comma; and

20 (B) by striking ‘‘, 1995, 1996, and 1997’’

21 and inserting ‘‘and 1995, and $146,000,000 for

22 each of fiscal years 1996 and 1997’’.

23 (3) EFFECTIVE DATE.—The amendments made

24 by paragraphs (1) and (2) shall take effect on the day

25 after the date on which authorized funds for fiscal
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1 year 1996 are reduced as a result of application of

2 section 1003(c) of such Act.

3 (c) CONGESTION PRICING PILOT PROGRAM TRANS4 FERS.—After the date on which authorized funds for fiscal

5 year 1996 are reduced as a result of application of section

6 1003(c) of the Intermodal Surface Transportation Effi7 ciency Act of 1991, the amounts made available for fiscal

8 years 1996 and 1997 to carry out section 1012(b) of the

9 Intermodal Surface Transportation Efficiency Act of 1991

10 (105 Stat. 1938) shall be available to carry out section 203

11 of this Act, relating to the State high priority restoration

12 program.

13 SEC. 205. STATE UNOBLIGATED BALANCE FLEXIBILITY.

14 (a) REDUCTION IN FEDERAL FUNDING.—

15 (1) NOTIFICATION OF STATES.—On October 1,

16 1995, or as soon as possible thereafter, the Secretary

17 shall notify each State of the total amount of the re18 duction in authorized funds for fiscal year 1996 that

19 would have been allocated to such State, and that

20 would have been apportioned to such State, as a re21 sult of application of section 1003(c) of the Inter22 modal Surface Transportation Efficiency Act of 1991.

23 (2) EXCLUSION OF CERTAIN FUNDING.—In deter24 mining the amount of any reduction under para25 graph (1), the Secretary shall deduct—
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1 (A) the amount allocated to each State in

2 fiscal year 1996 to carry out section 203 of this

3 Act, relating to the State high priority project

4 restoration program; and

5 (B) any amounts made available under sec6 tion 157(a)(4)(B)(iii) of title 23, United States

7 Code, for fiscal year 1996.

8 (b) UNOBLIGATED BALANCE FLEXIBILITY.—Upon re9 quest of a State, the Secretary shall make available to carry

10 out projects described in section 203(a) of this Act in fiscal

11 year 1996 an amount not to exceed the amount determined

12 under subsection (a) for the State. Such funds shall be made

13 available from authorized funds that were allocated or ap14 portioned to such State and were not obligated as of Sep15 tember 30, 1995. The State shall designate on or before No16 vember 1, 1995, or as soon as possible thereafter which of

17 such authorized funds are to be made available under this

18 section to carry out such projects. The Secretary shall make

19 available before November 15, 1995, or as soon as possible

20 thereafter funds designated under the preceding sentence to

21 the State.

22 (c) SPECIAL RULE FOR URBANIZED AREAS OF OVER

23 200,000.—Funds which were apportioned to the State

24 under section 104(b)(3) of title 23, United States Code, and

25 attributed to urbanized areas of a State with an urbanized
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1 population of over 200,000 under section 133(d)(3) of such

2 title may only be designated by the State under subsection

3 (b) if the metropolitan planning organization designated

4 for such area concurs, in writing, with such designation.

5 (d) CONGESTION MITIGATION AND AIR QUALITY BAL6 ANCES.—States may designate under subsection (b) funds

7 apportioned under section 104(b)(2) of title 23, United

8 States Code, and not obligated as of September 30, 1995,

9 to carry out projects described in section 203(a) of this Act

10 only if such funds will be obligated in areas described in

11 section 104(b)(2) of such title or, in the case of a State

12 which does not include such an area, the funds may be obli13 gated in any area of the State.

14 (e) INTERSTATE CONSTRUCTION BALANCES.—A State

may not designate under subsection (b) any more than 1 15 ⁄3

16 of funds apportioned or allocated to the State for Interstate

17 construction and not obligated as of September 30, 1995.

18 (f) PERIOD OF AVAILABILITY.—Notwithstanding any

19 other provision of law, amounts designated under subsection

20 (b) shall be available for obligation for the same period for

21 which such amounts were originally made available for ob22 ligation and shall be subject to the provisions of title 23,

23 United States Code. Obligation limitations for Federal-aid

24 highways and highway safety construction programs estab25 lished by the Intermodal Surface Transportation Efficiency
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1 Act of 1991 and subsequent laws shall apply to obligations

2 made under this section.

3 (g) LIMITATION ON STATUTORY CONSTRUCTION.—

4 Nothing in this section shall be construed to affect calcula5 tions to determine allocations to States under section 157

6 of title 23, United States Code, and sections 1013(c),

7 1015(a), and 1015(b) of the Intermodal Surface Transpor8 tation Efficiency Act of 1991.

9 (h) STATE.—In this section and section 203, the term

10 ‘‘State’’ has the meaning such term has under section 401

11 of title 23, United States Code.

12 SEC. 206. MINIMUM ALLOCATION.

13 (a) FORMULA.—Section 157(a)(4) of title 23, United

14 States Code, is amended—

15 (1) by striking ‘‘In fiscal’’ and inserting the

16 following:

17 ‘‘(A) IN GENERAL.—In fiscal’’;

18 (2) by inserting ‘‘funds authorized to be appro19 priated by subsection (f)’’ after ‘‘shall allocate’’;

20 (3) by moving subparagraph (A), as designated

21 by paragraph (1) of this subsection, 2 ems to the

22 right; and

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

24 ‘‘(B) ADDITIONAL ALLOCATION.—If the ag25 gregate amount allocated to the States under
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1 subparagraph (A) after application of section

2 1003(c) the Intermodal Surface Transportation

3 Efficiency Act of 1991 for any fiscal year begin4 ning after September 30, 1995, is less than the

5 amount authorized to be appropriated to carry

6 out this section for such fiscal year, then the ex7 cess of such authorized amount shall be allocated

8 as follows:

9 ‘‘(i) The Secretary shall first allocate

10 to each State such amount as may be nec11 essary to increase the allocation under sub12 paragraph (A) to the amount that would

13 have been allocated to the State for such fis14 cal year if the full amount of the funds au15 thorized to be appropriated for such fiscal

16 year by such Act out of the Highway Trust

17 Fund (other than the Mass Transit Ac18 count) were appropriated without regard to

19 such section 1003(c).

20 ‘‘(ii) If any of such excess remains

21 after the allocation under clause (i), the

22 Secretary shall allocate to each State such

23 amount as may be necessary so that the

24 amount authorized to be appropriated for

25 such fiscal year for each project to be car-
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1 ried out in such State under sections 1103

2 through 1108 of such Act without regard to

3 section 1003(c) of such Act is available for

4 the project.

5 ‘‘(iii) The Secretary shall allocate

6 among the States any excess remaining

7 after the allocations under clauses (i) and

8 (ii) so that each State is allocated the fol9 lowing percentages of the remaining excess:

‘‘States: Percentages

Alabama .................................................................................... 1.80

Alaska ....................................................................................... 1.20

Arizona ..................................................................................... 1.43

Arkansas ................................................................................... 1.42

California ................................................................................. 9.17

Colorado .................................................................................... 1.27

Connecticut ............................................................................... 1.74

Delaware ................................................................................... 0.39

District of Columbia ................................................................ 0.52

Florida ...................................................................................... 4.04

Georgia ...................................................................................... 2.92

Hawaii ...................................................................................... 0.54

Idaho ......................................................................................... 0.70

Illinois ....................................................................................... 3.88

Indiana ..................................................................................... 2.18

Iowa .......................................................................................... 1.27

Kansas ...................................................................................... 1.13

Kentucky ................................................................................... 1.53

Louisiana .................................................................................. 1.52

Maine ........................................................................................ 0.65

Maryland .................................................................................. 1.68

Massachusetts ........................................................................... 4.11

Michigan ................................................................................... 2.75

Minnesota ................................................................................. 1.69

Mississippi ................................................................................ 1.11

Missouri .................................................................................... 2.28

Montana .................................................................................... 0.93

Nebraska ................................................................................... 0.79

Nevada ...................................................................................... 0.69

New Hampshire ....................................................................... 0.48

New Jersey ................................................................................ 2.86

New Mexico ............................................................................... 1.02

New York .................................................................................. 5.35

North Carolina ......................................................................... 2.62
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North Dakota ............................................................................ 0.64

Ohio ........................................................................................... 3.64

Oklahoma .................................................................................. 1.36

Oregon ....................................................................................... 1.23

Pennsylvania ............................................................................ 4.93

Rhode Island ............................................................................ 0.56

South Carolina ......................................................................... 1.42

South Dakota ........................................................................... 0.69

Tennessee ................................................................................... 2.00

Texas ......................................................................................... 6.21

Utah .......................................................................................... 0.73

Vermont .................................................................................... 0.43

Virginia .................................................................................... 2.28

Washington ............................................................................... 2.05

West Virginia ........................................................................... 1.15

Wisconsin .................................................................................. 1.90

Wyoming ................................................................................... 0.65

Puerto Rico ............................................................................... 0.46

Territories ................................................................................. 0.01.

1 ‘‘(C) TERRITORIES DEFINED.—In this

2 paragraph, the term ‘territories’ means the Vir3 gin Islands, Guam, American Samoa, and the

4 Commonwealth of the Northern Mariana Is5 lands.’’.

6 (b) SPECIAL RULE FOR URBANIZED AREAS OF OVER

7 200,000 IN FISCAL YEARS 1996 AND 1997.—Section 157

8 of such title is amended—

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

10 subsection (e) and (f), respectively, and

11 (2) by inserting after subsection (c) the follow12 ing:

13 ‘‘(d) SPECIAL RULE FOR URBANIZED AREAS OF OVER

14 200,000 IN FISCAL YEARS 1996 AND 1997.—

15 ‘‘(1) GENERAL RULE.—The percentage deter16 mined under paragraph (2) of funds allocated to a
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1 State under subsection (a)(4)(B)(iii) for each of fiscal

2 years 1996 and 1997 shall be obligated in urbanized

3 areas of the State with an urbanized population of

4 over 200,000 under section 133(d)(3).

5 ‘‘(2) PERCENTAGE.—The percentage referred to

6 in paragraph (1) is the percentage determined by di7 viding—

8 ‘‘(A) the total amount of the reduction in

9 funds which would have been attributed under

10 section 133(d)(3) to urbanized areas of the State

11 with an urbanized population of over 200,000

12 for fiscal year 1996 as a result of the application

13 of section 1003(c) of the Intermodal Surface

14 Transportation Efficiency Act of 1991; by

15 ‘‘(B) the total amount of the reduction in

16 authorized funds for fiscal year 1996 that would

17 have been allocated to the State, and that would

18 have been apportioned to the State, as a result

19 of the application of such section 1003(c).’’.

20 (c) FUNDING.—Section 157(f) of such title, as redesig21 nated by subsection (b), is amended by inserting before the

22 period the following: ‘‘and before October 1, 1995,

23 $1,101,000,000 for fiscal year 1996, $1,378,000,000 for fis24 cal year 1997’’.
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1 SEC. 207. RELIEF FROM MANDATES.

2 (a) MANAGEMENT SYSTEMS.—The Secretary shall not

3 take any action pursuant to or enforce the provisions of

4 section 303(c) of title 23, United States Code, with respect

5 to any State during fiscal year 1996.

6 (b) ASPHALT PAVEMENT CONTAINING RECYCLED RUB7 BER.—Section 1038 of the Intermodal Surface Transpor8 tation Efficiency Act of 1991 (105 Stat. 1987–1990) is

9 amended—

10 (1) by striking subsection (d); and

11 (2) by redesignating subsection (e) as subsection

12 (d).

13 SEC. 208. DEFINITIONS.

14 In this title, the following definitions apply:

15 (1) AUTHORIZED FUNDS.—The term ‘‘authorized

16 funds’’ means funds authorized to be appropriated out

17 of the Highway Trust Fund (other than the Mass

18 Transit Account) to carry out title 23, United States

19 Code (other than sections 402 and 410) and the Inter20 modal Surface Transportation Efficiency Act of 1991

21 and subject to an obligation limitation.

22 (2) URBANIZED AREA.—The term ‘‘urbanized

23 area’’ has the meaning such term has under section

24 101(a) of title 23, United States Code.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. DISTRIBUTION OF TRANSIT OPERATING ASSIST4 ANCE LIMITATION.

5 (a) IN GENERAL.—Notwithstanding any limitation

6 otherwise imposed on operating assistance under section

7 5307 of title 49, United States Code, the Secretary shall

8 distribute such limitation so that each urbanized area (as

9 such term is defined under section 5302 of such title) that

10 had a population under the 1990 decennial census of the

11 United States of less than 200,000 will receive, under the

12 distribution of such limitation for fiscal year 1996, 75 per13 cent of the amount the area received under the distribution

14 of such limitation for fiscal year 1995.

15 (b) CONSIDERATION.—In the distribution of the limi16 tation referred to in subsection (a) to urbanized areas that

17 had a population under the 1990 decennial census of

18 1,000,000 or more, the Secretary shall direct each such area

19 to give priority consideration to the impact of reductions

20 in operating assistance on smaller transit authorities oper21 ating within the area and to consider the needs and re22 sources of such transit authorities when the limitation is

23 distributed among all transit authorities operating in the

24 area.
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1 SEC. 302. ACCOUNTABILITY FOR HIGH COST FEDERAL-AID

2 PROJECTS.

3 (a) REQUIREMENTS.—The Secretary shall require each

4 recipient of Federal financial assistance for a highway or

5 transit project with an estimated total cost of

6 $1,000,000,000 or more to submit to the Secretary an an7 nual financial plan. Such plan shall be based on detailed

8 annual estimates of the cost to complete the remaining ele9 ments of the project and on reasonable assumptions, as de10 termined by the Secretary, of future increases in the cost

11 to complete the project.

12 (b) RECOMMENDATIONS ON WITHHOLDING OF ASSIST13 ANCE.—As part of an annual report to be submitted under

14 subsection (c), the Secretary shall make a recommendation

15 to Congress on whether or not future Federal assistance

16 should be withheld with respect to any project described in

17 subsection (a) for which an annual financial plan is not

18 submitted under subsection (a) or for which the Secretary

19 determines that the estimates or assumptions referred to in

20 subsection (a) are not reasonable.

21 (c) REPORT.—The Secretary shall submit to Congress

22 an annual report on the financial plans submitted to the

23 Secretary under this section, and any recommendation

24 made by the Secretary under subsection (b), in the preced25 ing fiscal year.
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1 SEC. 303. LETTERS OF INTENT AND FULL FINANCING

2 GRANT AND EARLY SYSTEMS WORK AGREE3 MENTS.

4 Section 5309(g) of title 49, United States Code, is

5 amended—

6 (1) by indenting and dropping paragraph (1)

7 down 1 line;

8 (2) by moving all the paragraphs, subpara9 graphs, and clauses of such section 2 ems to the right;

10 (3) by inserting after ‘‘(1)’’ the first place it ap11 pears the following: ‘‘LETTERS OF INTENT.—’’;

12 (4) in paragraph (1)(B) by striking ‘‘Public

13 Works and Transportation’’ and inserting ‘‘Transpor14 tation and Infrastructure’’;

15 (5) by inserting after (2) the first place it ap16 pears ‘‘FULL FINANCING GRANT AGREEMENTS.—’’;

17 (6) by inserting after (3) the first place it ap18 pears ‘‘EARLY SYSTEM WORK AGREEMENTS.—’’;

19 (7) by inserting after (4) the first place it ap20 pears ‘‘TOTAL ESTIMATED FUTURE OBLIGATIONS AND

21 CONTINGENT COMMITMENTS.—’’; and

22 (8) by adding at the end the following:

23 ‘‘(5) PREAUTHORIZATION OF FULL FEDERAL FI24 NANCIAL RESPONSIBILITY.—

25 ‘‘(A) IN GENERAL.—After the date of the en26 actment of this paragraph and before the date on
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1 which Federal-aid highway and transit pro2 grams are reauthorized, the Secretary of Trans3 portation may not issue a letter of intent, or

4 enter into a full financing grant agreement or

5 early systems work agreement, under this section

6 for a project or operable segment of a project un7 less the full amount of Federal financial respon8 sibility for the project or operable segment of a

9 project has been included in an authorization

10 law.

11 ‘‘(B) LIMITATION.—The prohibition on en12 tering into a full financing grant agreement

13 under this paragraph shall not apply—

14 ‘‘(i) to any project for which a letter of

15 intent was issued before the date of the en16 actment of this paragraph; and

17 ‘‘(ii) to any project included as an ele18 ment of an interrelated project which also

19 includes another project for which a letter of

20 intent was issued before such date of enact21 ment.’’.
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1 SEC. 304. REPORT ON CAPITAL PROJECTS FOR FIXED

2 GUIDEWAY SYSTEMS AND EXTENSIONS TO EX3 ISTING FIXED GUIDEWAY SYSTEMS.

4 Section 5309(m) of title 49, United States Code, is

5 amended—

6 (1) by indenting and dropping paragraph (1)

7 down 1 line;

8 (2) by moving all the paragraphs and subpara9 graphs of such section 2 ems to the right;

10 (3) by inserting ‘‘PERCENTAGES.—’’ after ‘‘(1)’’

11 the first place it appears;

12 (4) by inserting ‘‘NONURBANIZED AREA ALLOCA13 TION.—’’ after ‘‘(2)’’ the first place it appears;

14 (5) by inserting ‘‘REPORTS.—’’ after ‘‘(3)’’ the

15 first place it appears;

16 (6) in paragraph (3) by striking ‘‘Public Works

17 and Transportation’’ and inserting ‘‘Transportation

18 and Infrastructure’’;

19 (7) in paragraph (3) by striking ‘‘a proposal on

20 the allocation’’ and inserting ‘‘a report on the pro21 posed allocation’’;

22 (8) in paragraph (3) by adding at the end the

23 following:

24 ‘‘Such report shall include for each such capital

25 project the following:
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1 ‘‘(A) An analysis of the potential funding

2 requirements of the project under paragraph

3 (1)(B) in the succeeding 5 fiscal years.

4 ‘‘(B) A description of the planning and

5 study process undertaken to select the locally pre6 ferred alternative for the project.

7 ‘‘(C) A description of efforts undertaken to

8 seek alternative funding sources for the project.’’;

9 and

10 (9) by inserting ‘‘MULTIPLE ALLOCATIONS.—’’

11 after ‘‘(4)’’ the first place it appears.

12 SEC. 305. REPEAL AND MODIFICATION OF EXISTING

13 PROJECTS.

14 (a) LONG BEACH METRO LINK FIXED RAIL

15 PROJECT.—Section 3035(o) of the Intermodal Surface

16 Transportation Efficiency Act of 1991 (105 Stat. 2131) is

17 repealed.

18 (b) HONOLULU RAPID TRANSIT PROJECT.—Section

19 3035(ww) of such Act (105 Stat. 2136) is amended by strik20 ing ‘‘$618,000,000’’ and inserting ‘‘$541,100,000’’.

21 SEC. 306. MISCELLANEOUS TRANSIT PROJECTS.

22 (a) NEW JERSEY URBAN CORE PROJECT.—Section

23 3031(d) of the Intermodal Surface Transportation Effi24 ciency Act of 1991 (105 Stat. 2122–2123) is amended—
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1 (1) by inserting after ‘‘Hudson River Waterfront

2 Transportation System’’ the following: ‘‘(including

3 corridor connections to and within the city of Ba4 yonne)’’; and

5 (2) by inserting after ‘‘Concourse,’’ the following:

6 ‘‘the West Shore Line,’’.

7 (b) NORTH BAY FERRY SERVICE.—Section 3035(c) of

8 such Act (105 Stat. 2129) is amended by striking

9 ‘‘$8,000,000’’ and all that follows through ‘‘1993’’ and in10 serting ‘‘$17,000,000’’.

11 (c) STATEN ISLAND-MIDTOWN MANHATTAN FERRY

12 SERVICE.—Section 3035(d) of such Act is amended by

13 striking ‘‘$1,000,000’’ and all that follows through ‘‘1993’’

14 and inserting ‘‘$12,000,000’’.

15 (d) CENTRAL AREA CIRCULATOR PROJECT.—Section

16 3035(e) of such Act is amended by striking the last sentence

17 which begins ‘‘Such amount’’.

18 (e) SALT LAKE CITY LIGHT RAIL PROJECT.—Section

19 3035(f) of such Act is amended by inserting after ‘‘includ20 ing’’ the following: ‘‘related high-occupancy vehicle lane,

21 intermodal corridor design,’’.

22 (f) LOS ANGELES-SAN DIEGO RAIL CORRIDOR IM23 PROVEMENT PROJECT.—Section 3035(g) of such Act is

24 amended by striking ‘‘not less than’’ the 1st place it appears
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1 and all that follows through ‘‘1994’’ and inserting

2 ‘‘$20,000,000’’.

3 (g) SAN JOSE-GILROY-HOLLISTER COMMUTER RAIL

4 PROJECT.—Section 3035(h) of such Act is amended—

5 (1) by striking ‘‘July 1, 1994’’ and inserting

6 ‘‘September 30, 1996’’; and

7 (2) by striking ‘‘August 1, 1994,’’ and inserting

8 ‘‘October 31, 1996,’’.

9 (h) DALLAS LIGHT RAIL PROJECT.—

10 (1) MULTIYEAR GRANT AGREEMENT.—Section

11 3035(i) of such Act is amended—

12 (A) by striking ‘‘6.4 miles’’ and inserting

13 ‘‘9.6 miles’’;

14 (B) by striking ‘‘10 stations’’ and inserting

15 ‘‘not to exceed 14 stations’’;

16 (C) by striking ‘‘such light rail line’’ and

17 inserting ‘‘the program of interrelated projects

18 identified in section 5328(c)(1)(G) of title 49,

19 United States Code,’’; and

20 (D) by striking ‘‘of such elements’’ and in21 serting ‘‘element of such program of interrelated

22 projects’’

23 (2) PROGRAM OF INTERRELATED PROJECTS.—

24 Section 5328(c)(1)(G) of title 49, United States Code,
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1 is amended by striking ‘‘Camp Wisdom’’ and insert2 ing ‘‘Interstate Route 20, L.B.J. Freeway’’.

3 (i) KANSAS CITY LIGHT RAIL LINE.—Section 3035(k)

4 of such Act is amended by striking ‘‘$1,500,000 in fiscal

5 year 1992, and $4,400,000 in fiscal year 1993’’ and insert6 ing ‘‘$5,900,000’’.

7 (j) DOWNTOWN ORLANDO CIRCULATOR PROJECT.—

8 Section 3035(l) of such Act is amended—

9 (1) by striking the subsection heading and in10 serting ‘‘DOWNTOWN ORLANDO CIRCULATOR

11 PROJECT’’;

12 (2) by striking ‘‘No later than April 30, 1992,

13 the’’ and inserting ‘‘The’’;

14 (3) by striking ‘‘for’’ the second place it appears

15 and all that follows through the period at the end and

16 inserting ‘‘and the completion of final design, con17 struction, land and equipment acquisition, and relat18 ed activities for the Downtown Orlando Circulator

19 project.’’.

20 (k) DETROIT LIGHT RAIL PROJECT.—Section 3035(m)

21 of such Act is amended by striking ‘‘not less than’’ the first

22 place it appears and all that follows through ‘‘1993,’’ and

23 inserting ‘‘$20,000,000’’.

24 (l) LAKEWOOD-FREEHOLD-MATAWAN OR JAMESBURG

25 RAIL PROJECT.—Section 3035(p) of such Act is amended
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1 by striking ‘‘$1,800,000’’ and all that follows through

2 ‘‘1994’’ and inserting ‘‘$7,800,000’’.

3 (m) CHARLOTTE LIGHT RAIL STUDY.—Section

4 3035(r) of such Act is amended by striking ‘‘$125,000’’ and

5 all that follows through ‘‘1993’’ and inserting ‘‘$500,000’’.

6 (n) SAN DIEGO MID COAST FIXED GUIDEWAY

7 PROJECT.—Section 3035(u) of such Act is amended—

8 (1) in the subsection heading by striking ‘‘MID

9 COAST LIGHT RAIL PROJECT’’ and inserting ‘‘MET10 ROPOLITAN TRANSIT IMPROVEMENT PROGRAM’’;

11 (2) by striking ‘‘No later than April 30, 1992,

12 the’’ and inserting ‘‘The’’;

13 (3) by striking ‘‘, $2,000,000’’ and all that fol14 lows through the period and inserting ‘‘$27,000,000

15 for the integrated project financing of the San Diego

16 Mid Coast and Mission Valley East Corridor fixed

17 guideway projects.’’.

18 (o) EUREKA SPRINGS, ARKANSAS.—Section 3035(z) of

19 such Act is amended by striking the text and inserting the

20 following: ‘‘From funds made available under section

21 5309(m)(1)(C) of title 49, United States Code, the Secretary

22 shall make available $63,600 to Eureka Springs Transit for

23 the purchase of an alternative fueled vehicle which is acces24 sible to and usable by individuals with disabilities.’’.
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1 (p) BALTIMORE-WASHINGTON TRANSPORTATION IM2 PROVEMENTS PROGRAM.—Section 3035(nn) of such Act is

3 amended—

4 (1) in paragraph (1) by striking ‘‘as follows:’’

5 and all that follows through ‘‘1994.’’ and inserting

6 ‘‘and shall be $60,000,000.’’;

7 (2) in paragraph (2) by striking ‘‘as follows:’’

8 and all that follows through the period at the end of

9 subparagraph (C) and inserting ‘‘and shall total

10 $160,000,000.’’; and

11 (3) in paragraph (3) by striking ‘‘for fiscal year

12 1993’’.

13 (q) DULLES CORRIDOR RAIL PROJECT.—Section

14 3035(aaa) of such Act is amended—

15 (1) by striking ‘‘No later than April 30, 1992,

16 the’’ and inserting ‘‘The’’; and

17 (2) by striking ‘‘the completion’’ and all that fol18 lows through ‘‘engineering for’’.

19 (r) CENTRAL PUGET SOUND REGIONAL TRANSIT

20 PROJECT.—Section 3035(bbb) of such Act is amended to

21 read as follows:

22 ‘‘(bbb) CENTRAL PUGET SOUND REGIONAL TRANSIT

23 PROJECT.—From funds made available under section

24 5309(m)(1)(B) of title 49, United States Code, the Secretary
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1 shall make available $300,000,000 for the Central Puget

2 Sound Regional Transit Project.’’.

3 (s) CANAL STREET CORRIDOR LIGHT RAIL.—Section

4 3035(fff) of such Act is amended—

5 (1) by striking ‘‘No later than April 30, 1992,

6 the’’ and inserting ‘‘The’’; and

7 (2) by striking ‘‘negotiate’’ and all that follows

8 through ‘‘includes’’ and inserting ‘‘make available’’.

9 (t) ADDITIONAL TRANSIT PROJECTS.—

10 (1) CANTON-AKRON-CLEVELAND COMMUTER

11 RAIL.—From funds made available under section

12 5309(m)(1)(B) of title 49, United States Code, the

13 Secretary shall make available $6,500,000 for the

14 Canton-Akron-Cleveland Commuter Rail project.

15 (2) CINCINNATI NORTHEAST/NORTHERN KEN16 TUCKY RAIL.—From funds made available under such

17 section, the Secretary shall make available $2,000,000

18 for the Cincinnati Northeast/Northern Kentucky Rail

19 project.

20 (3) DART NORTH CENTRAL LIGHT RAIL EXTEN21 SION.—From funds made available under such sec22 tion, the Secretary shall make available $2,500,000

23 for the DART North Central Light Rail Extension

24 project.
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1 (4) DALLAS-FORT WORTH RAILTRAN.—From

2 funds made available under such section, the Sec3 retary shall make available $5,000,000 for the Dallas4 Fort Worth RAILTRAN project.

5 (5) FLORIDA TRI-COUNTY COMMUTER RAIL.—

6 From funds made available under such section, the

7 Secretary shall make available $10,000,000 for the

8 Florida Tri-County Commuter Rail project.

9 (6) MIAMI-NORTH 27TH AVENUE.—From funds

10 made available under such section, the Secretary shall

11 make available $2,000,000 for the Miami-North 27th

12 Avenue project.

13 (7) MEMPHIS, TENNESSEE, REGIONAL RAIL

14 PLAN.—From funds made available under such sec15 tion, the Secretary shall make available $2,500,000

16 for the Memphis, Tennessee, Regional Rail Plan

17 project.

18 (8) NEW ORLEANS CANAL STREET CORRIDOR.—

19 From funds made available under such section, the

20 Secretary shall make available $10,000,000 for the

21 New Orleans Canal Street Corridor project.

22 (9) ORANGE COUNTY TRANSITWAY.—From funds

23 made available under such section, the Secretary shall

24 make available $5,000,000 for the Orange County

25 Transitway project.
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1 (10) WHITEHALL FERRY TERMINAL, NEW YORK,

2 NEW YORK.—From funds made available under such

3 section, the Secretary shall make available $5,000,000

4 for the Whitehall Ferry Terminal project.

5 (11) WISCONSIN CENTRAL COMMUTER.—From

6 funds made available under such section, the Sec7 retary shall make available $14,400,000 for the Wis8 consin Central Commuter project.

9 (12) SAN JUAN, PUERTO RICO, TREN URBANO.—

10 From funds made available under such section, the

11 Secretary shall make available $15,000,000 for the

12 San Juan, Puerto Rico, Tren Urbano project.

13 (13) TAMPA TO LAKELAND COMMUTER RAIL.—

14 From funds made available under such section, the

15 Secretary shall make available $1,000,000 for the

16 Tampa to Lakeland Commuter Rail project.

17 SEC. 307. METROPOLITAN PLANNING FOR TRANSIT

18 PROJECTS.

19 Section 5303(b) of title 49, United States Code, is

20 amended by adding at the end the following:

21 ‘‘(16) recreational travel and tourism.’’.

22 SEC. 308. CONTRACTING FOR ENGINEERING AND DESIGN

23 SERVICES.

24 Section 5325 of title 49, United States Code, is amend25 ed by adding at the end the following:
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1 ‘‘(e) SPECIAL RULES FOR ENGINEERING AND DESIGN

2 CONTRACTS.—

3 ‘‘(1) PERFORMANCE AND AUDITS.—Any contract

4 or subcontract awarded in accordance with subsection

5 (d), whether funded in whole or in part with Federal

6 transit funds, shall be performed and audited in com7 pliance with cost principles contained in the Federal

8 acquisition regulations of part 31 of title 48 of the

9 Code of Federal Regulations.

10 ‘‘(2) INDIRECT COST RATES.—Instead of per11 forming its own audits, a recipient of funds under a

12 contract or subcontract awarded in accordance with

13 subsection (d) shall accept indirect cost rates estab14 lished in accordance with the Federal acquisition reg15 ulations for 1-year applicable accounting periods by

16 a cognizant Federal or State government agency, if

17 such rates are not currently under dispute. Once a

18 firm’s indirect cost rates are accepted, the recipient of

19 such funds shall apply such rates for the purposes of

20 contract estimation, negotiation, administration, re21 porting, and contract payment and shall not be lim22 ited by administrative or de facto ceilings of any

23 kind. A recipient of such funds requesting or using

24 the cost and rate data described in this paragraph

25 shall notify any affected firm before such request or
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1 use. Such data shall be confidential and shall not be

2 accessible or provided, in whole or in part, to another

3 firm or to any government agency which is not part

4 of the group of agencies sharing cost data under this

5 paragraph, except by written permission of the au6 dited firm. If prohibited by law, such cost and rate

7 data shall not be disclosed under any circumstances.

8 ‘‘(3) STATE OPTION.—Paragraphs (1) and (2)

9 shall take effect 2 years after the date of the enact10 ment of this subsection with respect to all States; ex11 cept that if a State, during such 2-year period, adopts

12 by statute an alternative process intended to promote

13 engineering and design quality and ensure maximum

14 competition by professional companies of all sizes

15 providing engineering and design services, such para16 graphs shall not apply with respect to such State.’’.

17 SEC. 309. FERRY BOATS AND TERMINAL FACILITIES.

18 Section 129(c)(5) of title 23, United States Code, is

19 amended—

20 (1) by inserting before the period at the end of

21 the first sentence the following: ‘‘or between a point

22 in a State and a point in the Dominion of Canada’’;

23 and
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1 (2) in the second sentence by inserting after

2 ‘‘Puerto Rico’’ the following: ‘‘, between a point in a

3 State and a point in the Dominion of Canada,’’.

4 SEC. 310. UTILIZATION OF THE PRIVATE SECTOR FOR SUR5 VEYING AND MAPPING SERVICES.

6 Section 306 of title 23, United States Code, is amend7 ed—

8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

9 ‘‘In’’; and

10 (2) by adding at the end the following:

11 ‘‘(b) GUIDANCE.—The Secretary shall issue guidance

12 to encourage States to utilize, to the maximum extent prac13 ticable, private sector sources for surveying and mapping

14 services for highway projects under this title. In carrying

15 out this subsection, the Secretary shall determine appro16 priate roles for State and private mapping and surveying

17 activities, including—

18 ‘‘(1) preparation of standards and specifications;

19 ‘‘(2) research in surveying and mapping instru20 mentation and procedures and technology transfer to

21 the private sector;

22 ‘‘(3) providing technical guidance, coordination,

23 and administration of State surveying and mapping

24 activities; and
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1 ‘‘(4) establishing a schedule with quantifiable

2 goals for increasing the use by the States of private

3 sector sources for surveying and mapping activities.’’.

4 SEC. 311. FORMULA GRANT PROGRAM.

5 (a) TRANSIT SECURITY SYSTEMS.—Section

6 5307(d)(1)(J)(i) of title 49, United States Code, is amended

7 by inserting before ‘‘and any other’’ the following: ‘‘employ8 ing law enforcement or security personnel in areas within

9 or adjacent to such systems,’’.

10 (b) FERRYBOAT OPERATIONS.—For purposes of cal11 culating apportionments under section 5336 of title 49,

12 United States Code, for fiscal years beginning after Septem13 ber 30, 1995, 50 percent of the ferryboat revenue vehicle

14 miles and 50 percent of the ferryboat route miles attrib15 utable to service provided to the city of Avalon, California,

16 for which the operator receives public assistance shall be

17 included in the calculation of ‘‘fixed guideway vehicle reve18 nue miles’’ and ‘‘fixed guideway route miles’’ attributable

19 to the Los Angeles urbanized area under sections

20 5336(b)(2)(A) and 5335 of such title.

21 SEC. 312. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO IN22 DIVIDUALS WITH DISABILITIES.

23 Section 306(a)(2)(B)(iii) of the Americans With Dis24 abilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is

25 amended—
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1 (1) in subclause (I) by striking ‘‘7 years after the

2 date of the enactment of this Act’’ and inserting ‘‘3

3 years after the date of issuance of final regulations

4 under subparagraph (B)(ii)’’; and

5 (2) in subclause (II) by striking ‘‘6 years after

6 such date of enactment’’ and inserting ‘‘2 years after

7 the date of issuance of such final regulations’’.

8 SEC. 313. ALASKA RAILROAD.

9 Section 5337(a)(3)(B) of title 49, United States Code,

10 is amended by adding at the end the following: ‘‘The Alaska

11 Railroad is eligible for assistance under this subparagraph

12 with respect to improvements to its passenger operations.’’.

13 SEC. 314. ALCOHOL AND CONTROLLED SUBSTANCES

14 TESTING.

15 (a) MASS TRANSIT TESTING.—Section 5331(b)(1)(A)

16 of title 49, United States Code, is amended to read as

17 follows:

18 ‘‘(b) TESTING PROGRAM FOR MASS TRANSPORTATION

19 EMPLOYEES.—(1)(A) In the interest of mass transportation

20 safety, the Secretary shall prescribe regulations that estab21 lish a program requiring mass transportation operations

22 that receive financial assistance under section 5307, 5309,

23 or 5311 of this title or section 103(e)(4) of title 23 to con24 duct preemployment, reasonable suspicion, random, and

25 post-accident testing of mass transportation employees re-
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1 sponsible for safety-sensitive functions (as decided by the

2 Secretary) for the use of a controlled substance in violation

3 of law or a United States Government regulation, and to

4 conduct reasonable suspicion, random, and post-accident

5 testing of such employees for the use of alcohol in violation

6 of law or a United States Government regulation. The regu7 lations shall permit such operations to conduct

8 preemployment testing of such employees for the use of

9 alcohol.’’.

10 (b) RAILROAD TESTING.—Section 20140(b)(1)(A) of

11 title 49, United States Code, is amended to read as follows:

12 ‘‘(A) a railroad carrier to conduct

13 preemployment, reasonable suspicion, random, and

14 post-accident testing of all railroad employees respon15 sible for safety-sensitive functions (as decided by the

16 Secretary) for the use of a controlled substance in vio17 lation of law or a United States Government regula18 tion, and to conduct reasonable suspicion, random,

19 and post-accident testing of such employees for the use

20 of alcohol in violation of law or a United States Gov21 ernment regulation; the regulations shall permit such

22 railroad carriers to conduct preemployment testing of

23 such employees for the use of alcohol; and’’.

24 (c) MOTOR CARRIER TESTING.—Section

25 31306(b)(1)(A) of such title is amended to read as follows:
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1 ‘‘(b) TESTING PROGRAM FOR OPERATORS OF COMMER2 CIAL MOTOR VEHICLES.—(1)(A) In the interest of commer3 cial motor vehicle safety, the Secretary of Transportation

4 shall prescribe regulations that establish a program requir5 ing motor carriers to conduct preemployment, reasonable

6 suspicion, random, and post-accident testing of operators

7 of commercial motor vehicles for the use of controlled sub8 stance in violation of law or a United States Government

9 regulation and to conduct reasonable suspicion, random,

10 and post-accident testing of such operators for the use of

11 alcohol in violation of law or a United States Government

12 regulation. The regulations shall permit such motor carriers

13 to conduct preemployment testing of such employees for the

14 use of alcohol.’’.

15 (d) AVIATION TESTING.—

16 (1) PROGRAM FOR EMPLOYEES OF AIR CARRIERS

17 AND FOREIGN AIR CARRIERS.—Section 45102(a)(1) of

18 title 49, United States Code, is amended to read as

19 follows:

20 ‘‘(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS

21 AND FOREIGN AIR CARRIERS.—(1) In the interest of avia22 tion safety, the Administrator of the Federal Aviation Ad23 ministration shall prescribe regulations that establish a

24 program requiring air carriers and foreign air carriers to

25 conduct preemployment, reasonable suspicion, random, and
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1 post-accident testing of airmen, crewmembers, airport secu2 rity screening contract personnel, and other air carrier em3 ployees responsible for safety-sensitive functions (as decided

4 by the Administrator) for the use of a controlled substance

5 in violation of law or a United States Government regula6 tion; and to conduct reasonable suspicion, random, and

7 post-accident testing of airmen, crewmembers, airport secu8 rity screening contract personnel, and other air carrier em9 ployees responsible for safety-sensitive functions (as decided

10 by the Administrator) for the use of alcohol in violation

11 of law or a United States Government regulation. The regu12 lations shall permit air carriers and foreign air carriers

13 to conduct preemployment testing of airmen, crewmembers,

14 airport security screening contract personnel, and other air

15 carrier employees responsible for safety-sensitive functions

16 (as decided by the Administrator) for the use of alcohol.’’.

17 (2) PROGRAM FOR EMPLOYEES OF THE FEDERAL

18 AVIATION ADMINISTRATION.—Section 45102(b)(1) of

19 title 49, United States Code, is amended to read as

20 follows:

21 ‘‘(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL

22 AVIATION ADMINISTRATION.—(1) The Administrator shall

23 establish a program of preemployment, reasonable sus24 picion, random, and post-accident testing for the use of a

25 controlled substance in violation of law or a United States
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1 Government regulation for employees of the Administration

2 whose duties include responsibility for safety-sensitive func3 tions and shall establish a program of reasonable suspicion,

4 random and post-accident testing for the use of alcohol in

5 violation of law or a United States Government regulation

6 for such employees. The Administrator may establish a pro7 gram of preemployment testing for the use of alcohol for

8 such employees.’’.

9 SEC. 315. ALCOHOL-IMPAIRED DRIVING COUNTER10 MEASURES.

11 (a) TECHNICAL AMENDMENT.—Section 410(d)(1)(E)

12 of title 23, United States Code, is amended by striking ‘‘the

13 date of enactment of this section’’ and inserting ‘‘December

14 18, 1991’’.

15 (b) BASIC GRANT ELIGIBILITY.—Section 410(d) of

16 such title is further amended—

17 (1) in paragraph (3)—

18 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

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

20 ‘‘(B) A State shall be treated as having met the

21 requirement of this paragraph if—

22 ‘‘(i) the State provides to the Secretary a

23 written certification that the highest court of the

24 State has issued a decision indicating that im25 plementation of subparagraph (A) would con-
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1 stitute a violation of the constitution of the

2 State; and

3 ‘‘(ii) the State demonstrates to the satisfac4 tion of the Secretary—

5 ‘‘(I) that the alcohol fatal crash in6 volvement rate in the State has decreased in

7 each of the 3 most recent calendar years for

8 which statistics for determining such rate

9 are available; and

10 ‘‘(II) that the alcohol fatal crash in11 volvement rate in the State has been lower

12 than the average such rate for all States in

13 each of such calendar years.’’; and

14 (2) by adding at the end the following:

15 ‘‘(7) Any individual under age 21 with a blood

16 alcohol concentration of 0.02 percent or greater when

17 driving a motor vehicle shall be deemed to be driving

18 while intoxicated.’’.

19 (c) SUPPLEMENTAL GRANTS.—Section 410(f) of such

20 title is amended by striking paragraph (1) and redesignat21 ing paragraphs (2) through (7) as paragraphs (1) through

22 (6), respectively.

23 SEC. 316. SAFETY RESEARCH INITIATIVES.

24 (a) OLDER DRIVERS AND OTHER SPECIAL DRIVER

25 GROUPS.—
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1 (1) STUDY.—The Secretary shall conduct a study

2 of technologies and practices to improve the driving

3 performance of older drivers and other special driver

4 groups.

5 (2) DEMONSTRATION ACTIVITIES.—In conducting

6 the study under paragraph (1), the Secretary shall

7 undertake demonstration activities which incorporate

8 and build upon gerontology research related to the

9 study of the normal aging process. The Secretary

10 shall initially implement such activities in those

11 States which have the highest population of aging

12 citizens for whom driving a motor vehicle is their pri13 mary mobility mode.

14 (3) COOPERATIVE AGREEMENT.—The Secretary

15 shall carry out the study under paragraph (1) by en16 tering into a cooperative agreement with an institu17 tion that has demonstrated competencies in geronto18 logical research, population demographics, human

19 factors related to transportation, and advanced tech20 nology applied to transportation.

21 (b) WORK ZONE SAFETY.—In carrying out the work

22 zone safety program under section 1051 of the Intermodal

23 Surface Transportation Efficiency Act of 1991, the Sec24 retary shall utilize a variety of methods to increase safety
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1 at highway construction sites, including each of the follow2 ing:

3 (1) Conferences to explore new techniques and

4 stimulate dialogue for improving work zone safety.

5 (2) Creation of a national clearinghouse to as6 semble and disseminate, by electronic and other

7 means, information relating to the improvement of

8 work zone safety.

9 (3) A national promotional campaign in co10 operation with the States to provide timely, site-spe11 cific information to motorists when construction

12 workers are actually present.

13 (c) RADIO AND MICROWAVE TECHNOLOGY FOR MOTOR

14 VEHICLE SAFETY WARNING SYSTEM.—

15 (1) STUDY.—The Secretary shall conduct a study

16 to develop and evaluate radio and microwave tech17 nology for a motor vehicle safety warning system in

18 furtherance of safety in all types of motor vehicles.

19 (2) EQUIPMENT.—Equipment developed under

20 the study to be conducted under subsection (a) shall

21 be directed toward, but not limited to, advance warn22 ing to operators of all types of motor vehicles of—

23 (A) temporary obstructions in a highway;

24 (B) poor visibility and highway surface

25 conditions caused by adverse weather; and
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1 (C) movement of emergency vehicles.

2 (3) SAFETY APPLICATIONS.—In conducting the

3 study under paragraph (1), the Secretary shall deter4 mine whether the technology described in this sub5 section has other appropriate safety applications.

6 SEC. 317. PUBLIC TRANSIT VEHICLES EXEMPTION.

7 Section 1023(h)(1) of the Intermodal Surface Trans8 portation Efficiency Act of 1991 (23 U.S.C. 127 note) is

9 amended—

10 (1) by striking ‘‘2-year’’ the first place it ap11 pears and all that follows through ‘‘Act,’’ and insert12 ing ‘‘period beginning on October 6, 1992, and ending

13 on the date on which Federal-aid highway and tran14 sit programs are reauthorized after the date of the en15 actment of the National Highway System Designation

16 Act of 1995,’’; and

17 (2) by striking the second sentence.

18 SEC. 318. CONGESTION MITIGATION AND AIR QUALITY IM19 PROVEMENT PROGRAM.

20 (a) AREAS ELIGIBLE FOR FUNDS.—

21 (1) IN GENERAL.—The first sentence of section

22 149(b) of title 23, United States Code, is amended—

23 (A) by inserting ‘‘if the project or program

24 is for an area in the State that was designated

25 as a nonattainment area under section 107(d) of
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1 the Clean Air Act (42 U.S.C. 7407(d)) during

2 any part of fiscal year 1994 and’’ after ‘‘pro3 gram’’ the 2nd place it appears; and

4 (B) in paragraph (1)(A) by striking ‘‘con5 tribute’’ and all that follows through ‘‘; or’’ and

6 inserting the following: ‘‘contribute to—

7 ‘‘(i) the attainment of a national ambient

8 air quality standard; or

9 ‘‘(ii) the maintenance of a national ambient

10 air quality standard in an area that was des11 ignated as a nonattainment area but that was

12 later redesignated by the Administrator of the

13 Environmental Protection Agency as an attain14 ment area under section 107(d) of the Clean Air

15 Act (42 U.S.C. 7407(d)); or’’.

16 (2) APPORTIONMENT.—Section 104(b)(2) of title

17 23, United States Code, is amended—

18 (A) in the second sentence, by striking ‘‘is

19 a nonattainment area (as defined in the Clean

20 Air Act) for ozone’’ and inserting ‘‘was a non21 attainment area (as defined in section 171(2) of

22 the Clean Air Act (42 U.S.C. 7501(2))) for ozone

23 during any part of fiscal year 1994’’; and

24 (B) in the third sentence—
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1 (i) by striking ‘‘is also’’ and inserting

2 ‘‘was also’’; and

3 (ii) by inserting ‘‘during any part of

4 fiscal year 1994’’ after ‘‘monoxide’’.

5 (b) EFFECT OF LIMITATION ON APPORTIONMENT.—

6 Notwithstanding any other provision of law, for each of fis7 cal years 1996 and 1997, any limitation under an amend8 ment made by this section on an apportionment of funds

9 otherwise authorized under section 1003(a)(4) of the Inter10 modal Surface Transportation Efficiency Act of 1991 (105

11 Stat. 1919) shall not affect any hold harmless apportion12 ment adjustment under section 1015(a) of such Act (105

13 Stat. 1943).

14 SEC. 319. QUALITY IMPROVEMENT.

15 (a) LIFE-CYCLE COST ANALYSIS.—Section 106 of title

16 23, United States Code, is amended by adding at the end

17 the following:

18 ‘‘(e) LIFE-CYCLE COST ANALYSIS.—

19 ‘‘(1) ESTABLISHMENT.—The Secretary shall es20 tablish a program to require States to conduct an

21 analysis of the life-cycle costs of all projects on the

22 National Highway System with an estimated total

23 cost of $25,000,000 or more.

24 ‘‘(2) ANALYSIS OF LIFE-CYCLE COSTS DE25 FINED.—In this subsection, the term ‘analysis of life-
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1 cycle costs’ means a process for evaluating the total

2 economic worth of one or more projects by analyzing

3 both initial costs as well as discounted future costs,

4 such as maintenance, reconstruction, rehabilitation,

5 restoring, and resurfacing costs, over the life of the

6 project or projects.’’.

7 (b) VALUE ENGINEERING.—Such section is further

8 amended by adding at the end the following:

9 ‘‘(f) VALUE ENGINEERING FOR NHS.—

10 ‘‘(1) REQUIREMENT.—The Secretary shall estab11 lish a program to require States to carry out a value

12 engineering analysis for all projects on the National

13 Highway System with an estimated total cost of

14 $25,000,000 or more.

15 ‘‘(2) VALUE ENGINEERING DEFINED.—For pur16 poses of this subsection, the term ‘value engineering

17 analysis’ means a systematic process of review and

18 analysis of a project or activity during its design

19 phase by a multidisciplined team of persons not origi20 nally involved in the project or activity in order to

21 provide suggestions for reducing the total cost of the

22 project or activity and providing a project or activity

23 of equal or better quality. Such suggestions may in24 clude a combination or elimination of inefficient or

25 expensive parts of the original proposed design for the
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1 project or activity and total redesign of the proposed

2 project or activity using different technologies, mate3 rials, or methods so as to accomplish the original pur4 pose of the project or activity.’’.

5 SEC. 320. APPLICABILITY OF TRANSPORTATION CONFORM6 ITY REQUIREMENTS.

7 (a) HIGHWAY CONSTRUCTION.—Section 109(j) of title

8 23, United States Code, is amended by striking ‘‘plan for

9 the implementation of any ambient air quality standard

10 for any air quality control region designated pursuant to

11 the Clean Air Act, as amended.’’ and inserting the follow12 ing: ‘‘plan for—

13 ‘‘(1) the implementation of a national ambient

14 air quality standard for which an area is designated

15 as a nonattainment area under section 107(d) of the

16 Clean Air Act (42 U.S.C. 7407(d)); or

17 ‘‘(2) the maintenance of a national ambient air

18 quality standard in an area that was designated as

19 a nonattainment area but that was later redesignated

20 by the Administrator as an attainment area for the

21 standard and that is required to develop a mainte22 nance plan under section 175A of the Clean Air Act

23 (42 U.S.C. 7505a).’’.
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1 (b) CLEAN AIR ACT REQUIREMENTS.—Section 176(c)

2 of the Clean Air Act (42 U.S.C. 7506(c)) is amended by

3 adding at the end the following:

4 ‘‘(5) APPLICABILITY.—This subsection shall

5 apply only with respect to—

6 ‘‘(A) a nonattainment area and each spe7 cific pollutant for which the area is designated

8 as a nonattainment area; and

9 ‘‘(B) an area that was designated as a non10 attainment area but that was later redesignated

11 by the Administrator as an attainment area and

12 that is required to develop a maintenance plan

13 under section 175A with respect to the specific

14 pollutant for which the area was designated non15 attainment.’’.

16 SEC. 321. QUALITY THROUGH COMPETITION.

17 (a) CONTRACTING FOR ENGINEERING AND DESIGN

18 SERVICES.—Section 112(b)(2) of title 23, United States

19 Code, is amended by adding at the end the following new

20 subparagraphs:

21 ‘‘(C) PERFORMANCE AND AUDITS.—Any

22 contract or subcontract awarded in accordance

23 with subparagraph (A), whether funded in whole

24 or in part with Federal-aid highway funds, shall

25 be performed and audited in compliance with
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1 cost principles contained in the Federal acquisi2 tion regulations of part 31 of title 48 of the Code

3 of Federal Regulations.

4 ‘‘(D) INDIRECT COST RATES.—Instead of

5 performing its own audits, a recipient of funds

6 under a contract or subcontract awarded in ac7 cordance with subparagraph (A) shall accept in8 direct cost rates established in accordance with

9 the Federal acquisition regulations for 1-year

10 applicable accounting periods by a cognizant

11 Federal or State government agency, if such

12 rates are not currently under dispute. Once a

13 firm’s indirect cost rates are accepted, the recipi14 ent of such funds shall apply such rates for the

15 purposes of contract estimation, negotiation, ad16 ministration, reporting, and contract payment

17 and shall not be limited by administrative or de

18 facto ceilings of any kind. A recipient of such

19 funds requesting or using the cost and rate data

20 described in this subparagraph shall notify any

21 affected firm before such request or use. Such

22 data shall be confidential and shall not be acces23 sible or provided, in whole or in part, to another

24 firm or to any government agency which is not

25 part of the group of agencies sharing cost data
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1 under this subparagraph, except by written per2 mission of the audited firm. If prohibited by law,

3 such cost and rate data shall not be disclosed

4 under any circumstances.

5 ‘‘(E) STATE OPTION.—Subparagraphs (C)

6 and (D) shall take effect 2 years after the date

7 of the enactment of this subparagraph with re8 spect to all States; except that if a State, during

9 such 2-year period, adopts by statute an alter10 native process intended to promote engineering

11 and design quality and ensure maximum com12 petition by professional companies of all sizes

13 providing engineering and design services, such

14 subparagraphs shall not apply with respect to

15 such State.’’.

16 (b) REPEAL OF PILOT PROGRAM.—Section 1092 of the

17 Intermodal Surface Transportation Efficiency Act of 1991

18 (23 U.S.C. 112 note; 105 Stat. 2024) is repealed.

19 SEC. 322. APPLICABILITY OF CERTAIN VEHICLE WEIGHT

20 LIMITATIONS IN WISCONSIN.

21 Section 127 of title 23, United States Code, is amended

22 by adding at the end the following:

23 ‘‘(f) OPERATION OF CERTAIN SPECIALIZED HAULING

24 VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.—If the

25 104-mile portion of Wisconsin State Route 78 and United
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1 States Route 51 between Interstate Route 94 near Portage,

2 Wisconsin, and Wisconsin State Route 29 south of Wausau,

3 Wisconsin, is designated as part of the Interstate System

4 under section 139(a), the single axle weight, tandem axle

5 weight, gross vehicle weight, and bridge formula limits set

6 forth in subsection (a) shall not apply to the 104-mile por7 tion with respect to the operation of any vehicle that could

8 legally operate on the 104-mile portion before the date of

9 enactment of this subsection.’’.

10 SEC. 323. TREATMENT OF CENTENNIAL BRIDGE, ROCK IS11 LAND, ILLINOIS, AGREEMENT.

12 For purposes of section 129(a)(6) of title 23, United

13 States Code, the agreement concerning the Centennial

14 Bridge, Rock Island, Illinois, entered into under the Act

15 entitled ‘‘An Act authorizing the city of Rock Island, Illi16 nois, or its assigns, to construct, maintain, and operate a

17 toll bridge across the Mississippi River at or near Rock Is18 land, Illinois, and to a place at or near the city of Dav19 enport, Iowa’’, approved March 18, 1938 (52 Stat. 110,

20 chapter 48), shall be treated as if the agreement had been

21 entered into under section 129 of title 23, United States

22 Code, as in effect on December 17, 1991, and may be modi23 fied in accordance with section 129(a)(6) of the title.
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1 SEC. 324. METRIC REQUIREMENTS AND SIGNS.

2 (a) PLACEMENT OF SIGNS.—Before September 30,

3 1997, the Secretary may not require the States to expend

4 any Federal or State funds to construct, erect, or otherwise

5 place any sign relating to any speed limit, distance, or

6 other measurement on any highway for the purpose of hav7 ing such sign establish such speed limit, distance, or other

8 measurement using the metric system.

9 (b) MODIFICATION OF SIGNS.—Before September 30,

10 1997, the Secretary may not require the States to expend

11 any Federal or State funds to modify any sign relating to

12 any speed limit, any distance, or other measurement on any

13 highway for the purpose of having such sign establish such

14 speed limit, distance, or measurement using the metric

15 system.

16 (c) DEFINITIONS.—In this section, the following defi17 nitions apply:

18 (1) HIGHWAY.—The term ‘‘highway’’ has the

19 meaning such term has under section 101 of title 23,

20 United States Code.

21 (2) METRIC SYSTEM.—The term ‘‘metric system’’

22 has the meaning the term ‘‘metric system of measure23 ment’’ has under section 4 of the Metric Conversion

24 Act of 1975 (15 U.S.C. 205c).
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1 SEC. 325. ISTEA TECHNICAL CLARIFICATION.

2 Section 131(s) of title 23, United States Code, is

3 amended by striking the period at the end of the first sen4 tence and inserting the following: ‘‘; except that nothing in

5 this subsection or section 1047 of the Intermodal Surface

6 Transportation Efficiency Act of 1991 shall restrict, or oth7 erwise be applied by the Secretary to affect, the authority

8 of a State under subsection (d) of this section with respect

9 to commercial or industrial areas or the authority of a

10 State under subsection (k) of this section to establish stand11 ards imposing stricter limitations than those established in

12 this subsection.’’.

13 SEC. 326. METROPOLITAN PLANNING FOR HIGHWAY

14 PROJECTS.

15 Section 134(f) of title 23, United States Code, is

16 amended by adding at the end the following:

17 ‘‘(16) Recreational travel and tourism.’’.

18 SEC. 327. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE

19 PROJECTS.

20 Section 144(l) of title 23, United States Code, is

21 amended by adding at the end the following: ‘‘Any non22 Federal funds expended for the seismic retrofit of the bridge

23 may be credited toward the non-Federal share required as

24 a condition of receipt of any Federal funds for seismic retro25 fit of the bridge made available after the date of the expendi26 ture.’’.
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1 SEC. 328. DISCOVERY AND ADMISSION AS EVIDENCE OF

2 CERTAIN REPORTS AND SURVEYS.

3 Section 409 of title 23, United States Code, is amended

4 by inserting ‘‘or collected’’ after ‘‘compiled’’.

5 SEC. 329. NATIONAL RECREATIONAL TRAILS.

6 (a) STATE ELIGIBILITY.—Section 1302(c) of the Inter7 modal Surface Transportation Efficiency Act of 1991 (33

8 U.S.C. 1261(c)) is amended—

9 (1) by striking ‘‘Act’’ each place it appears and

10 inserting ‘‘part’’;

11 (2) in paragraph (2) by striking subparagraph

12 (B) and redesignating subparagraphs (C) and (D) as

13 subparagraphs (B) and (C), respectively; and

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

15 ‘‘(3) SIXTH YEAR PROVISION.—On and after the

16 date that is 5 years after the date of the enactment

17 of this part, a State shall be eligible to receive moneys

18 under this part in a fiscal year only if the State

19 agrees to expend from non-Federal sources for carry20 ing out projects under this part an amount equal to

21 20 percent of the amount received by the State under

22 this part in such fiscal year.’’.

23 (b) ADMINISTRATIVE COSTS.—Section 1302(d)(1) of

24 such Act (33 U.S.C. 1261(d)(1)) is amended—

25 (1) by striking ‘‘and’’ at the end of subpara26 graph (C);
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1 (2) by redesignating subparagraph (D) as sub2 paragraph (E); and

3 (3) by inserting after subparagraph (C) the

4 following:

5 ‘‘(D) contracting for services with other

6 land management agencies; and’’.

7 (c) ENVIRONMENTAL MITIGATION.—

8 (1) IN GENERAL.—Section 1302(e) of such Act

9 (33 U.S.C. 1261(e)) is amended—

10 (A) by redesignating paragraphs (5), (6),

11 (7), and (8) as paragraphs (6), (7), (8), and (9),

12 respectively; and

13 (B) by inserting after paragraph (4) the

14 following:

15 ‘‘(5) ENVIRONMENTAL MITIGATION.—

16 ‘‘(A) REQUIREMENT.—To the extent prac17 ticable and consistent with other requirements of

18 this section, in complying with paragraph (4), a

19 State shall give priority to project proposals

20 which provide for the redesign, reconstruction,

21 nonroutine maintenance, or relocation of trails

22 in order to mitigate and minimize the impact to

23 the natural environment.

24 ‘‘(B) COMPLIANCE.—The State shall receive

25 guidance for determining compliance with sub-
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1 paragraph (A) from the recreational trail advi2 sory board satisfying the requirements of sub3 section (c)(2)(A).’’.

4 (2) CONFORMING AMENDMENT.—Section

5 1302(e)(4) of such Act (33 U.S.C. 1261(e)(4)) is

6 amended by striking ‘‘paragraphs (6) and (8)(B)’’

7 and inserting ‘‘paragraphs (7) and (9)(B)’’.

8 (d) EXCLUSIONS.—Section 1302(e)(7) of such Act, as

9 redesignated by subsection (c), is amended—

10 (1) by striking ‘‘(7) SMALL STATE EXCLUSION.—

11 ’’ and inserting the following:

12 ‘‘(7) EXCLUSIONS.—

13 ‘‘(A) SMALL STATE.—’’;

14 (2) by moving the text of subparagraph (A), as

15 designated by paragraph (1), 2 ems to the right; and

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

17 ‘‘(B) BEST INTEREST OF A STATE.—Any

18 State which determines based on trail needs

19 identified in its State Comprehensive Outdoor

20 Recreation Plan that it is in the best interest of

21 the State to be exempt from the requirements of

22 paragraph (4) may apply to the Secretary for

23 such an exemption. Before approving or dis24 approving an application for such an exemption,

25 the Secretary shall publish in the Federal Reg-
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1 ister notice of receipt of the application and pro2 vide an opportunity for public comment on the

3 application.’’.

4 (e) RETURN OF MONEYS NOT EXPENDED.—Section

5 1302(e)(9) of such Act, as redesignated by subsection (c),

6 is amended—

7 (1) by inserting ‘‘the State’’ before ‘‘may be ex8 empted’’; and

9 (2) by striking ‘‘and expended or committed’’

10 and all that follows before the period.

11 (f) ADVISORY COMMITTEE.—Section 1303(b) of such

12 Act (16 U.S.C. 1262(b)) is amended—

13 (1) by striking ‘‘11 members’’ and inserting ‘‘12

14 members’’;

15 (2) by redesignating paragraphs (2), (3), and (4)

16 as paragraphs (3), (4), and (5), respectively; and

17 (3) by inserting after paragraph (1) the follow18 ing:

19 ‘‘(2) 1 member appointed by the Secretary rep20 resenting individuals with disabilities;’’.

21 SEC. 330. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.

22 (a) IN GENERAL.—Section 1105(c) of the Intermodal

23 Surface Transportation Efficiency Act of 1991 (105 Stat.

24 2032) is amended—
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1 (1) by striking paragraph (5) and inserting the

2 following:

3 ‘‘(5)(A) I–73/74 North-South Corridor from

4 Charleston, South Carolina, through Winston-Salem,

5 North Carolina, to Portsmouth, Ohio, to Cincinnati,

6 Ohio, to termini at Detroit, Michigan and Sault Ste.

7 Marie, Michigan. The Sault Ste. Marie terminus shall

8 be reached via a corridor connecting Adrian, Jackson,

9 Lansing, Mount Pleasant, and Grayling, Michigan.

10 ‘‘(B)(i) In the Commonwealth of Virginia, the

11 Corridor shall generally follow—

12 ‘‘(I) United States Route 220 from the Vir13 ginia-North Carolina border to I–581 south of

14 Roanoke;

15 ‘‘(II) I–581 to I–81 in the vicinity of Roa16 noke;

17 ‘‘(III) I–81 to the proposed highway to

18 demonstrate intelligent transportation systems

19 authorized by item 29 of the table in section

20 1107(b) in the vicinity of Christiansburg to

21 United States Route 460 in the vicinity of

22 Blacksburg; and

23 ‘‘(IV) United States Route 460 to the West

24 Virginia State line.
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1 ‘‘(ii) In the States of West Virginia, Kentucky,

2 and Ohio, the Corridor shall generally follow—

3 ‘‘(I) United States Route 460 from the West

4 Virginia State line to United States Route 52 at

5 Bluefield, West Virginia; and

6 ‘‘(II) United States Route 52 to United

7 States Route 23 at Portsmouth, Ohio.

8 ‘‘(iii) In the States of North Carolina and South

9 Carolina, the Corridor shall generally follow—

10 ‘‘(I) in the case of I–73—

11 ‘‘(aa) United States Route 220 from

12 the Virginia State line to State Route 68 in

13 the vicinity of Greensboro;

14 ‘‘(bb) State Route 68 to I–40;

15 ‘‘(cc) I–40 to United States Route 220

16 in Greensboro;

17 ‘‘(dd) United States Route 220 to

18 United States Route 1 near Rockingham;

19 ‘‘(ee) United States Route 1 to the

20 South Carolina State line; and

21 ‘‘(ff) South Carolina State line to

22 Charleston, South Carolina; and

23 ‘‘(II) in the case of I–74—

24 ‘‘(aa) I–77 from Bluefield, West Vir25 ginia, to the junction of I–77 and the Unit-
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1 ed States Route 52 connector in Surry

2 County, North Carolina;

3 ‘‘(bb) the I–77/United States Route 52

4 connector to United States Route 52 south

5 of Mount Airy, North Carolina;

6 ‘‘(cc) United States Route 52 to United

7 States Route 311 in Winston-Salem, North

8 Carolina;

9 ‘‘(dd) United States Route 311 to

10 United States Route 220 in the vicinity of

11 Randleman, North Carolina.

12 ‘‘(ee) United States Route 220 to Unit13 ed States Route 74 near Rockingham;

14 ‘‘(ff) United States Route 74 to United

15 States Route 76 near Whiteville;

16 ‘‘(gg) United States Route 74/76 to the

17 South Carolina State line in Brunswick

18 County; and

19 ‘‘(hh) South Carolina State line to

20 Charleston, South Carolina.’’;

21 (2) in paragraph (18)—

22 (A) by striking ‘‘and’’;

23 (B) by inserting ‘‘Arkansas,’’ after ‘‘Ten24 nessee,’’; and
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1 (C) by inserting before the period at the end

2 the following: ‘‘, and to the Lower Rio Grande

3 Valley at the border between the United States

4 and Mexico’’;

5 (3) by inserting before the period at the end of

6 paragraph (20) the following: ‘‘, and to include the

7 Corpus Christi Northside Highway and Rail Corridor

8 from the existing intersection of United States Route

9 77 and Interstate Route 37 to United States Route

10 181’’; and

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

12 ‘‘(22) The Alameda Transportation Corridor

13 along Alameda Street from the entrance to the ports

14 of Los Angeles and Long Beach to Interstate 10, Los

15 Angeles, California.

16 ‘‘(23) The Interstate Route 35 Corridor from La17 redo, Texas, through Oklahoma City, Oklahoma, to

18 Wichita, Kansas, to Kansas City, Kansas/Missouri, to

19 Des Moines, Iowa, to Minneapolis, Minnesota, to Du20 luth, Minnesota.

21 ‘‘(24) The Dalton Highway from Deadhorse,

22 Alaska to Fairbanks, Alaska.

23 ‘‘(25) State Route 168 (South Battlefield Boule24 vard), Virginia, from the Great Bridge Bypass to the

25 North Carolina State line.
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1 ‘‘(26) The CANNAMEX CORRIDOR from

2 Nogales, Arizona, through Las Vegas, Nevada, to Salt

3 Lake City, Utah, to Idaho Falls, Idaho, to Great

4 Falls, Montana, to the Canadian Border as follows:

5 ‘‘(A) In the State of Arizona, the

6 CANAMEX CORRIDOR shall generally follow—

7 ‘‘(i) I–19 from Nogales to Tucson;

8 ‘‘(ii) I–10 from Tucson to Phoenix;

9 and

10 ‘‘(iii) United States Route 93 from

11 Phoenix to the Nevada Border.

12 ‘‘(B) In the State of Nevada, the

13 CANAMEX CORRIDOR shall follow—

14 ‘‘(i) United States Route 93 from the

15 Arizona Border to Las Vegas; and

16 ‘‘(ii) I–15 from Las Vegas to the Utah

17 Border.

18 ‘‘(C) From the Utah Border to the Cana19 dian Border, the CANAMEX CORRIDOR shall

20 follow I–15.’’.

21 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

22 INTERSTATE SYSTEM.—Section 1105(e) of such Act (105

23 Stat. 2033) is amended by adding at the end the following:

24 ‘‘(5) INCLUSION OF CERTAIN ROUTE SEGMENTS

25 ON INTERSTATE SYSTEM.—Where not a part of the
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1 Interstate System, the routes referred to in clauses (i),

2 (ii), and (iii) of subsection (c)(5)(B) (other than the

3 portion located in the State of West Virginia), in sub4 section (c)(9), and in subsections (c)(18) and (c)(20)

5 are hereby designated future parts of the Interstate

6 System. Any segment of such routes shall become a

7 part of the Interstate System at such time as the Sec8 retary determines that the segment—

9 ‘‘(A) meets the Interstate System design

10 standards approved by the Secretary under sec11 tion 109(b) of title 23, United States Code; and

12 ‘‘(B) connects to an existing Interstate Sys13 tem segment and functions as a safe and usable

14 segment.’’.

15 SEC. 331. HIGH PRIORITY CORRIDOR FEASIBILITY STUDIES.

16 (a) EVACUATION ROUTES FOR LOUISIANA COASTAL

17 AREAS.—Section 1105(e)(2) of the Intermodal Surface

18 Transportation Efficiency Act of 1991 (105 Stat. 2033) is

19 amended by adding at the end the following new sentence:

20 ‘‘A feasibility study may be conducted under this subsection

21 to identify routes that will expedite future emergency evacu22 ations of coastal areas of Louisiana.’’.

23 (b) EAST-WEST TRANSAMERICA CORRIDOR.—With

24 amounts available to the Secretary under section 1105(h)

25 of the Intermodal Surface Transportation Efficiency Act of
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1 1991, the Secretary in cooperation with the States of Vir2 ginia and West Virginia shall conduct a study to determine

3 the feasibility of establishing a route for the East-West

4 Transamerica Corridor (designated pursuant to section

5 1105(c)(3) of such Act) from Beckley, West Virginia, utiliz6 ing a corridor entering Virginia near the city of Covington

7 then moving south from the Allegheny Highlands to serve

8 Roanoke and continuing east to Lynchburg. From there

9 such route would continue across Virginia to the Hampton

10 Roads-Norfolk area.

11 SEC. 332. HIGH COST BRIDGE PROJECTS.

12 The table contained in section 1103(b) of the Inter13 modal Surface Transportation Efficiency Act of 1991 (105

14 Stat. 2027–2028) is amended—

15 (1) in item number 5, relating to Gloucester

16 Point, Virginia, by inserting after ‘‘York River’’ the

17 following: ‘‘and for repair, strengthening, and reha18 bilitation of the existing bridge’’; and

19 (2) in item number 10, relating to Shakopee,

20 Minnesota, by inserting ‘‘project, including the bypass

21 of’’ after ‘‘replacement’’.

22 SEC. 333. CONGESTION RELIEF PROJECTS.

23 The table contained in section 1104(b) of the Inter24 modal Surface Transportation Efficiency Act of 1991 (105

25 Stat. 2029–2031) is amended—
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1 (1) in item number 1, relating to Long Beach,

2 California, by striking ‘‘HOV Lanes on’’ and insert3 ing ‘‘downtown Long Beach access ramps into the

4 southern terminus of’’;

5 (2) in item number 10, relating to San Diego,

6 California, by striking ‘‘1 block of Cut and Cover

7 Tunnel on Rt. 15’’ and inserting ‘‘bridge decking on

8 Route 15’’;

9 (3) in item number 23, relating to Tucson, Ari10 zona, by inserting ‘‘, of which a total of $3,609,620

11 shall be available for the project authorized by item

12 number 74 of the table contained in section 1106(b)’’

13 after ‘‘in Tuscon, Arizona’’; and

14 (4) in item number 43, relating to West Vir15 ginia, by striking ‘‘Coal Fields’’ and inserting ‘‘Coal16 fields’’.

17 SEC. 334. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH18 WAY SYSTEM.

19 Section 1105(c)(3) of the Intermodal Surface Trans20 portation Efficiency Act of 1991 (105 Stat. 2032) is amend21 ed by inserting before the period at the end the following:

22 ‘‘commencing on the Atlantic Coast in the Hampton Roads23 Norfolk area going westward across Virginia to a West Vir24 ginia corridor centered around Beckley to Welch as part

25 of the Coalfields Expressway described in section 1069(v),
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1 then to Williamson sharing a common corridor with the

2 I–73/74 Corridor (referred to in item 12 of the table con3 tained in subsection (f)), then to a Kentucky Corridor cen4 tered on the cities of Pikeville, Jenkins, Hazard, London,

5 Somerset, Columbia, Bowling Green, Hopkinsville, Benton,

6 and Paducah, into Illinois, and into Missouri and exiting

7 Western Missouri and entering the southeast corner of

8 Kansas’’.

9 SEC. 335. HIGH PRIORITY CORRIDOR PROJECTS.

10 The table contained in section 1105(f) of the Inter11 modal Surface Transportation Efficiency Act of 1991 (105

12 Stat. 2033–2035) is amended—

13 (1) in item 1, relating to Pennsylvania, by in14 serting after ‘‘For’’ the following: ‘‘the segment de15 scribed in item 6 of this table and up to $11,000,000

16 for’’;

17 (2) in item 2, relating to Alabama, Georgia,

18 Mississippi, Tennessee, by inserting after ‘‘Rt. 72’’ the

19 following: ‘‘and up to $1,500,000 from the State of

20 Alabama’s share of the project for modification of the

21 Keller Memorial Bridge in Decatur, Alabama, to a

22 pedestrian structure’’; and

23 (3) in item number 26, relating to Indiana,

24 Kentucky, Tennessee, by striking ‘‘Newberry’’ and in25 serting ‘‘Evansville’’.
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1 SEC. 336. RURAL ACCESS PROJECTS.

2 The table contained in section 1106(a)(2) of the Inter3 modal Surface Transportation Efficiency Act of 1991 (105

4 Stat. 2037–2042) is amended—

5 (1) in item number 34, relating to Illinois, by

6 striking ‘‘Resurfacing’’ and all that follows through

7 ‘‘Omaha’’ and inserting ‘‘Bel-Air Road improvement

8 from south of Carmi to State Route 141 in southeast9 ern White County’’;

10 (2) in item number 52, relating to Bedford

11 Springs, Pennsylvania, by striking ‘‘and Hunting12 ton’’ and inserting ‘‘Franklin, and Huntingdon’’;

13 (3) in item number 61, relating to Lubbock,

14 Texas, by striking ‘‘with Interstate 20’’ and inserting

15 ‘‘with Interstate 10 through Interstate 20 and Inter16 state 27 north of Amarillo to the Texas/Oklahoma

17 border’’;

18 (4) in item number 71, relating to Chautauqua

19 County, New York, by inserting ‘‘and other improve20 ments’’ after ‘‘expressway lanes’’;

21 (5) in item number 75, relating to Pennsylvania,

22 by striking ‘‘Widen’’ and all that follows through

23 ‘‘lanes’’ and inserting ‘‘Road improvements on a 14-

24 mile segment of U.S. Route 15 in Lycoming County,

25 Pennsylvania’’;
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1 (6) in item number 93, relating to New Mexico,

2 by striking ‘‘Raton-Clayton Rd., Clayton, New Mex3 ico’’ and inserting ‘‘U.S. Rt. 64/87 from Raton, New

4 Mexico, through Clayton to the Texas-New Mexico

5 State line’’; and

6 (7) in item number 111, relating to Parker

7 County, Texas (SH199)—

8 (A) by striking ‘‘Parker County’’ and in9 serting ‘‘Parker and Tarrant Counties’’; and

10 (B) by striking ‘‘to four-’’ and inserting ‘‘in

11 Tarrant County, to freeway standards and in

12 Parker County to a 4-’’.

13 SEC. 337. URBAN ACCESS AND MOBILITY PROJECTS.

14 The table contained in section 1106(b)(2) of the Inter15 modal Surface Transportation Efficiency Act of 1991 (105

16 Stat. 2043–2047) is amended—

17 (1) in item number (9), relating to New York,

18 New York, by striking ‘‘Improvements’’ and all that

19 follows through ‘‘NY’’ and inserting ‘‘Projects in New

20 York City, New York (other than improvements to the

21 Miller Highway)’’;

22 (2) in item number 13, relating to Joliet, Illi23 nois, by striking ‘‘and construction and interchange

24 at Houbolt Road and I–80’’;
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1 (3) in item number 36, relating to Compton,

2 California, by striking ‘‘For a grade’’ and all that fol3 lows through ‘‘Corridor’’ and inserting ‘‘For grade

4 separations and other improvements in the city of

5 Compton, California’’; and

6 (4) in item number 52, relating to Chicago, Illi7 nois, by striking ‘‘Right-of-way’’ and all that follows

8 through ‘‘Connector)’’ and inserting ‘‘Reconstruct the

9 Michigan Avenue viaduct’’.

10 SEC. 338. INNOVATIVE PROJECTS.

11 The table contained in section 1107(b) of the Inter12 modal Surface Transportation Efficiency Act of 1991 (105

13 Stat. 2048–2059) is amended—

14 (1) in item 19, relating to Water Street, Penn15 sylvania—

16 (A) by striking ‘‘Water Street,’’; and

17 (B) by inserting ‘‘, or other projects in the

18 counties of Bedford, Blair, Centre, Franklin, and

19 Huntingdon as selected by the State of Penn20 sylvania’’ after ‘‘Pennsylvania’’ the second place

21 it appears;

22 (2) in item 20, relating to Holidaysburg, Penn23 sylvania—

24 (A) by striking ‘‘Holidaysburg,’’ the first

25 place it appears; and
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1 (B) by inserting ‘‘, or other projects in the

2 counties of Bedford, Blair, Centre, Franklin, and

3 Huntingdon as selected by the State of Penn4 sylvania’’ after ‘‘Pennsylvania’’ the second place

5 it appears;

6 (3) in item number 24, relating to Pennsylvania,

7 by inserting after ‘‘line’’ the following: ‘‘and for the

8 purchase, rehabilitation, and improvement of any

9 similar existing facility within a 150-mile radius of

10 such project, as selected by the State of Pennsylva11 nia’’;

12 (4) in item number 29, relating to Blacksburg,

13 Virginia, by inserting ‘‘methods of facilitating public

14 and private participation in’’ after ‘‘demonstrate’’;

15 (5) in item number 35, relating to Alabama, by

16 striking ‘‘to bypass’’ and all that follows through ‘‘I–

17 85’’ and inserting ‘‘beginning on U.S. Route 80 west

18 of Montgomery, Alabama, and connecting to I–65

19 south of Montgomery and I–85 east of Montgomery’’;

20 (6) in item 49, relating to Suffolk County, New

21 York, by inserting after ‘‘perimeters’’ the following:

22 ‘‘and provide funds to the towns of Brookhaven,

23 Riverhead, Smithtown, East Hampton, Southold,

24 Shelter Island, and Southampton for the purchase of
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1 vehicles to meet the transportation needs of the elderly

2 and persons with disabilities’’;

3 (7) in item number 52, relating to Pennsylvania,

4 by striking ‘‘2’’ and all that follows through ‘‘Penn5 sylvania’’ and inserting ‘‘or rehabilitate (or both)

6 highway and transportation infrastructure projects

7 within 30 miles of I–81 or I–80 in northeastern

8 Pennsylvania’’;

9 (8) in item number 61, relating to Mojave, Cali10 fornia, by striking ‘‘Mojave’’ and inserting

11 ‘‘Victorville’’ and by inserting ‘‘Mojave’’ after ‘‘recon12 struct’’;

13 (9) in item number 68, relating to Portland/S.

14 Portland, Maine—

15 (A) by striking ‘‘Portland/S. Portland,’’;

16 and

17 (B) by inserting after ‘‘Bridge’’ the follow18 ing: ‘‘and improvements to the Carlton Bridge in

19 Bath-Woolworth’’;

20 (10) in item number 76, relating to Tennessee,

21 by inserting ‘‘Improved access to’’ before ‘‘I–81’’ and

22 striking ‘‘Interchange’’ and inserting after ‘‘Ten23 nessee’’ the following: ‘‘via improvements at I–181/

24 Eastern Star Road and I–81/Kendrick Creek Road’’;
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1 (11) in item number 100, relating to Arkansas,

2 by striking ‘‘Thornton’’ and inserting ‘‘Little Rock’’;

3 (12) in item number 113, relating to Durham

4 County, North Carolina, by inserting after ‘‘Route

5 147’’ the following: ‘‘, including the interchange at I–

6 85’’;

7 (13) in item number 114, relating to Corpus

8 Christi to Angleton, Texas, by striking ‘‘Construct

9 new multi-lane freeway’’ and inserting ‘‘Construct a

10 4-lane divided highway’’;

11 (14) in item number 193, relating to Corning,

12 New York, by inserting ‘‘and other improvements’’

13 after ‘‘expressway lanes’’; and

14 (15) in item 196, relating to Orlando, Florida—

15 (A) by striking ‘‘Orlando,’’; and

16 (B) by striking ‘‘Land’’ and all that follows

17 through ‘‘project’’ and inserting ‘‘One or more

18 regionally significant, intercity ground transpor19 tation projects’’.

20 SEC. 339. INTERMODAL PROJECTS.

21 The table contained in section 1108(b) of the Inter22 modal Surface Transportation Efficiency Act of 1991 (105

23 Stat. 2060–2063) is amended—
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1 (1) in item number 12, relating to Buffalo, New

2 York, by inserting after ‘‘Project’’ the following: ‘‘and

3 the Crossroads Arena Project’’; and

4 (2) in item number 31, relating to Los Angeles,

5 California, by striking ‘‘To improve ground access

6 from Sepulveda Blvd. to Los Angeles, California’’ and

7 inserting the following: ‘‘For the Los Angeles Inter8 national Airport central terminal ramp access

9 project, $3,500,000; for the widening of Aviation Bou10 levard south of Imperial Highway, $3,500,000; for the

11 widening of Aviation Boulevard north of Imperial

12 Highway, $1,000,000; and for transportation systems

13 management improvements in the vicinity of the Se14 pulveda Boulevard/Los Angeles International Airport

15 tunnel, $950,000’’.

16 SEC. 340. MISCELLANEOUS REVISIONS TO SURFACE TRANS17 PORTATION AND UNIFORM RELOCATION AS18 SISTANCE ACT OF 1987.

19 (a) CALIFORNIA.—Section 149(a)(69) of the Surface

20 Transportation and Uniform Relocation Assistance Act of

21 1987 (101 Stat. 191), relating to Burbank-Glendale-Pasa22 dena Airport, California, is amended—

23 (1) in the first sentence by striking ‘‘highway’’;
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1 (2) in the first sentence by striking ‘‘and con2 struction of terminal and parking facilities at such

3 airport’’; and

4 (3) by striking ‘‘by making’’ in the second sen5 tence and all that follows through the period at the

6 end of such sentence and inserting the following: ‘‘by

7 preparing a feasibility study and conducting prelimi8 nary engineering, design, and construction of a link

9 between such airport and the commuter rail system

10 that is being developed by the Los Angeles County

11 Metropolitan Transportation Authority.’’.

12 (b) LOUISIANA.—

13 (1) RURAL ACCESS PROJECT.—

14 (A) RESCISSION.—Effective October 1,

15 1995, the unobligated balances on September 30,

16 1995, of funds made available for section

17 149(a)(87) of the Surface Transportation and

18 Uniform Relocation Assistance Act of 1987 (101

19 Stat. 194; relating to West Calcasieu Parish,

20 Louisiana) are hereby rescinded.

21 (B) FUNDING.—Item number 17 of the table

22 contained in section 1106(a)(2) of the Inter23 modal Surface Transportation Efficiency Act of

24 1991 (105 Stat. 2038), relating to Lake Charles,
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1 Louisiana, is amended by striking ‘‘4.1’’ and in2 serting ‘‘8.8’’.

3 (2) I–10 EXIT RAMP AND OTHER PROJECTS.—

4 Section 149(a)(89) of the Surface Transportation and

5 Uniform Relocation Assistance Act of 1987 (101 Stat.

6 191) is amended—

7 (A) by inserting ‘‘AND LAKE CHARLES’’

8 after ‘‘LAFAYETTE’’ in the paragraph heading;

9 and

10 (B) by inserting before the period at the end

11 ‘‘and, of amounts made available to carry out

12 this paragraph, may use up to $456,022 to carry

13 out a comprehensive transportation and land use

14 plan for Lafayette, Louisiana, $1,000,000 to

15 carry out a project to construct an exit ramp

16 from the eastbound side of Interstate Route I–10

17 to Ryan Street in Lake Charles, Louisiana, and

18 $269,661 under this paragraph for projects de19 scribed in section 149(a)(90)’’.

20 (3) CONTRABAND BRIDGE.—Section 149(a)(90)

21 of such Act (101 Stat. 191) is amended—

22 (A) by inserting ‘‘AND LAKE CHARLES’’

23 after ‘‘LAFAYETTE’’ in the paragraph heading;

24 and
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1 (B) by inserting ‘‘and a project to construct

2 the Contraband Bridge portion of the Nelson Ac3 cess Road Project’’ before the period at the end.

4 (c) PENNYSLVANIA.—Section 149(a)(74) of the Surface

5 Transportation and Uniform Relocation Assistance Act of

6 1987 (101 Stat. 192) is amended by inserting before the

7 period at the end the following: ‘‘and other projects in the

8 counties of Bedford, Blair, Centre, Franklin, and Hunting9 don, Pennsylvania’’.

10 (d) MARYLAND.—Section 149(a)(92) of such Act (101

11 Stat. 194) is amended—

12 (1) by striking ‘‘UNITED STATES ROUTE 48’’ and

13 inserting ‘‘WASHINGTON AND FREDERICK COUNTIES’’;

14 and

15 (2) by inserting ‘‘and to construct an inter16 change between Interstate Route I–70 and Interstate

17 Route I–270 in Frederick County, Maryland’’ after

18 ‘‘Mountain Road’’.

19 (e) BUS TESTING FACILITY.—Section 5318 of title 49,

20 United States Code, is amended—

21 (1) in subsection (b) by inserting ‘‘or cooperative

22 agreement’’ after ‘‘contract’’ each place it appears;

23 and

24 (2) by adding at the end the following:
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1 ‘‘(f) CONVERSION OF CONTRACTS.—The Secretary may

2 convert existing contracts entered into under this section

3 into cooperative agreements.’’.

4 SEC. 341. ELIGIBILITY.

5 (a) EXISTING PROJECT.—Section 108(b) of the Fed6 eral-Aid Highway Act of 1956 (23 U.S.C. 101 note) is

7 amended—

8 (1) by striking ‘‘(1)’’ before ‘‘such costs may be

9 further’’; and

10 (2) by striking ‘‘, and (2) the amount of such

11 costs shall not include the portion of the project be12 tween High Street and Causeway Street’’.

13 (b) OTHER EXISTING PROJECTS.—

14 (1) RECONSTRUCTION AND WIDENING.—The

15 project authorized by section 162 of the Surface

16 Transportation Assistance Act of 1982 (96 Stat.

17 2136) shall include reconstruction and widening to 6

18 lanes of existing Interstate Route 95 and of the Penn19 sylvania Turnpike from United States Route 1 to the

20 junction with the New Jersey Turnpike.

21 (2) FEDERAL SHARE.—Notwithstanding any

22 other provision of law, the Federal share payable on

23 account of the project referred to in paragraph (1),

24 including the additional through roadway and bridge
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1 travel lanes, shall be 90 percent of the cost of the

2 project.

3 (3) TOLLS.—Notwithstanding section 301 of title

4 23, United States Code, the project for construction of

5 an interchange between the Pennsylvania Turnpike

6 and Interstate Route 95, including the widening of

7 the Pennsylvania Turnpike, shall be treated as a re8 construction project described in section 129(a)(1)(B)

9 of such title and tolls may be continued on all traffic

10 on the Pennsylvania Turnpike between United States

11 Route 1 and the New Jersey Turnpike.

12 (c) TYPE II NOISE BARRIERS.—No funds made avail13 able out of the Highway Trust Fund may be used to con14 struct Type II noise barriers (as defined by section 772.5(i)

15 of title 23, Code of Federal Regulations) pursuant to sec16 tions 109(h) and (i) of title 23, United States Code if such

17 barriers were not part of a project approved by the Sec18 retary before the date of the enactment of this Act.

19 SEC. 342. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.

20 The Secretary shall enter into an agreement modifying

21 the agreement entered into pursuant to section 339 of the

22 Department of Transportation and Related Agencies Ap23 propriations Act, 1993 (Public Law 102–338) to conform

24 such agreement to the provisions of section 336 of the De25 partment of Transportation and Related Agencies Appro-
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1 priations Act, 1995 (Public Law 103–331). Nothing in this

2 section shall be construed to change the amount of the pre3 vious appropriation in such section 339, and the line of

4 credit provided for shall not exceed an amount supported

5 by the previous appropriation. In implementing such sec6 tions 336 and 339, the Secretary may enter into an agree7 ment requiring an interest rate that is higher than the rate

8 specified in such sections.

9 SEC. 343. MISCELLANEOUS STUDIES.

10 (a) PAN AMERICAN HIGHWAY.—

11 (1) STUDY.—The Secretary shall conduct a study

12 on the adequacy of and the need for improvements to

13 the Pan American Highway.

14 (2) ELEMENTS.—The study to be conducted

15 under paragraph (1) shall include, at a minimum,

16 the following elements:

17 (A) Findings on the benefits of constructing

18 a highway at Darien Gap, Panama and Colom19 bia.

20 (B) Recommendations for a self-financing

21 arrangement for completion and maintenance of

22 the Pan American Highway.

23 (C) Recommendations for establishing a

24 Pan American highway authority to monitor fi-
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1 nancing, construction, maintenance, and oper2 ations of the Pan American Highway.

3 (D) Findings on the benefits to trade and

4 prosperity of a more efficient Pan American

5 Highway.

6 (E) Findings on the benefits to United

7 States industry through the use of United States

8 technology and equipment in construction of im9 provements to the Pan American Highway.

10 (F) Findings on environmental consider11 ations, including environmental considerations

12 relating to the Darien Gap.

13 (3) REPORT.—Not later than 2 years after the

14 date of the enactment of this Act, the Secretary shall

15 transmit to Congress a report on the results of the

16 study conducted under this subsection.

17 (b) HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYS18 TEM.—The Secretary shall conduct a study to determine the

19 cost, need, and efficacy of establishing a highway sign for

20 identifying routes on the National Highway System. In

21 conducting such study, the Secretary shall make a deter22 mination concerning whether to identify National Highway

23 System route numbers.

24 (c) COMPLIANCE WITH BUY AMERICAN ACT.—
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1 (1) STUDY.—The Secretary shall conduct a study

2 on compliance with the provisions of the Buy Amer3 ican Act (41 U.S.C. 10a–10c) with respect to con4 tracts entered into using amounts made available

5 from the Highway Trust Fund.

6 (2) REPORT.—Not later than 1 year after the

7 date of the enactment of this Act, the Secretary shall

8 transmit to Congress a report on the results of the

9 study conducted under paragraph (1).

10 SEC. 344. COLLECTION OF BRIDGE TOLLS.

11 Notwithstanding any other provisions of law, tolls col12 lected for motor vehicles on any bridge connecting the bor13 oughs of Brooklyn, New York, and Staten Island, New York,

14 shall continue to be collected for only those vehicles exiting

15 from such bridge in Staten Island.

16 SEC. 345. NATIONAL DRIVER REGISTER.

17 Section 30308(a) of title 49, United States Code, is

18 amended by striking ‘‘and $2,550,000 for fiscal year 1995’’

19 and inserting ‘‘and $2,550,000 for each of fiscal years 1995

20 and 1996’’.

21 SEC. 346. ROADSIDE BARRIER TECHNOLOGY.

22 Section 1058 of the Intermodal Surface Transpor23 tation Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat.

24 2003) is amended—
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1 (1) in subsection (a) by striking ‘‘median’’ and

2 inserting ‘‘or temporary crashworthy’’;

3 (2) in subsection (a) by inserting ‘‘crashworthy’’

4 after ‘‘innovative’’;

5 (3) in the heading of subsection (c) by inserting

6 ‘‘CRASHWORTHY’’ after ‘‘INNOVATIVE’’;

7 (4) in subsection (c) by inserting ‘‘crashworthy’’

8 after ‘‘innovative’’;

9 (5) in subsection (c) by striking ‘‘median’’;

10 (6) by inserting ‘‘or guiderail’’ after ‘‘guard11 rail’’; and

12 (7) by inserting before the period at the end of

13 subsection (c) ‘‘, and meets or surpasses the require14 ments of the National Cooperative Highway Research

15 Program 350 for longitudinal barriers’’.

16 SEC. 347. MOTORIST CALL BOXES.

17 (a) EFFECTIVE CONTROL.—Section 131(c) of title 23,

18 United States Code, is amended—

19 (1) by striking ‘‘and (5)’’ and inserting the fol20 lowing: ‘‘(5) signs, displays, and devices identifying

21 and announcing free motorist aid call boxes and ad22 vertising their sponsorship by corporations or other

23 organizations, and (6)’’; and

24 (2) by adding at the end the following new sen25 tence: ‘‘The Secretary shall ensure that spacing of
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1 signs, displays, and devices announcing motorist aid

2 call boxes is reasonable.’’.

3 (b) SPECIFIC SERVICE SIGNS.—Section 131(f) of title

4 23, United States Code, is amended by adding at the end

5 the following: ‘‘For purposes of this subsection, the term

6 ‘specific information in the interest of the traveling public’

7 includes identification, announcement, and sponsorship of

8 motorist aid call boxes.’’.

9 SEC. 348. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT

10 COMPLIANCE PROGRAM.

11 Sections 141(a) and 154 of title 23, United States

12 Code, and the item relating to section 154 in the analysis

13 to chapter 1 of such title are repealed.

14 SEC. 349. ELIMINATION OF PENALTY FOR NONCOMPLIANCE

15 FOR MOTORCYCLE HELMETS.

16 Subsection (h) of section 153 of title 23, United States

17 Code, is amended by striking ‘‘a law described in subsection

18 (a)(1) and’’ each place it appears.

19 SEC. 350. SAFETY REST AREAS.

20 Section 120(c) of title 23, United States Code, is

21 amended by inserting ‘‘safety rest areas,’’ after ‘‘signaliza22 tion,’’.
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1 SEC. 351. EXEMPTIONS FROM REQUIREMENTS RELATING

2 TO COMMERCIAL MOTOR VEHICLES AND

3 THEIR OPERATORS.

4 (a) EXEMPTIONS.—

5 (1) TRANSPORTATION OF AGRICULTURAL COM6 MODITIES AND FARM SUPPLIES.—Regulations pre7 scribed by the Secretary under sections 31136 and

8 31502 of title 49, United States Code, regarding max9 imum driving and on-duty time for drivers used by

10 motor carriers shall not apply to drivers transporting

11 agricultural commodities or farm supplies for agri12 cultural purposes in a State if such transportation is

13 limited to an area within a 50 air mile radius from

14 the source of the commodities or the distribution point

15 for the farm supplies and is during the planting and

16 harvesting seasons within such State, as determined

17 by the State.

18 (2) TRANSPORTATION AND OPERATION OF

19 GROUND WATER WELL DRILLING RIGS.—Such regula20 tions shall, in the case of a driver of a commercial

21 motor vehicle who is used primarily in the transpor22 tation and operation of a ground water well drilling

23 rig, permit any period of 8 consecutive days to end

24 with the beginning of an off-duty period of 24 or

25 more consecutive hours for the purposes of determin26 ing maximum driving and on-duty time.
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1 (3) TRANSPORTATION OF CONSTRUCTION MATE2 RIALS AND EQUIPMENT.—Such regulations shall, in

3 the case of a driver of a commercial motor vehicle who

4 is used primarily in the transportation of construc5 tion materials and equipment, permit any period of

6 8 consecutive days to end with the beginning of an

7 off-duty period of 24 or more consecutive hours for the

8 purposes of determining maximum driving and on9 duty time.

10 (4) SNOW AND ICE REMOVAL.—A State may

11 waive the requirements of chapter 313 of title 49,

12 United States Code, with respect to a vehicle that is

13 being operated within the boundaries of an eligible

14 unit of local government by an employee of such unit

15 for the purpose of removing snow or ice from a road16 way by plowing, sanding, or salting. Such waiver au17 thority shall only apply in a case where the employee

18 is needed to operate the vehicle because the employee

19 of the eligible unit of local government who ordinarily

20 operates the vehicle and who has a commercial drivers

21 license is unable to operate the vehicle or is in need

22 of additional assistance due to a snow emergency.

23 (5) VEHICLES WEIGHING LESS THAN 26,000

24 POUNDS.—The provisions of subtitle VI of title 49,

25 United States Code (and regulations promulgated
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1 thereunder), applicable to commercial motor vehicles

2 shall not be enforced with respect to a vehicle with

3 gross vehicle weight rating of less than 26,000 pounds.

4 (b) EFFECTIVE DATE.—The provisions of subsection

5 (a) shall take effect 180 days after the date of the enactment

6 of this Act.

7 (c) REVIEW BY THE SECRETARY.—The Secretary may

8 conduct a rulemaking proceeding to determine whether

9 granting any exemption provided by subsection (a) is not

10 in the public interest and would have a significant adverse

11 impact on the safety of commercial motor vehicles. If, at

12 any time, the Secretary determines that granting such ex13 emption would not be in the public interest and would have

14 a significant adverse impact on the safety of commercial

15 motor vehicles, then the Secretary may prevent the exemp16 tion from going into effect, modify the exemption, or revoke

17 the exemption.

18 (d) DEFINITIONS.—In this section, the following defi19 nitions apply:

20 (1) 8 CONSECUTIVE DAYS.—The term ‘‘8 consecu21 tive days’’ means the period of 8 consecutive days be22 ginning on any day at the time designated by the

23 motor carrier for a 24-hour period.

24 (2) 24-HOUR PERIOD.—The term ‘‘24-hour pe25 riod’’ means any 24-consecutive hour period begin-
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1 ning at the time designated by the motor carrier for

2 the terminal from which the driver is normally dis3 patched.

4 (3) GROUND WATER WELL DRILLING RIG.—The

5 term ‘‘ground water well drilling rig’’ means any ve6 hicle, machine, tractor, trailer, semi-trailer, or spe7 cialized mobile equipment propelled or drawn by me8 chanical power and used on highways to transport

9 water well field operating equipment, including water

10 well drilling and pump service rigs equipped to access

11 ground water.

12 (4) TRANSPORTATION OF CONSTRUCTION MATE13 RIALS AND EQUIPMENT.—The term ‘‘transportation of

14 construction materials and equipment’’ means the

15 transportation of construction materials, construction

16 finished related products, construction personnel, and

17 construction equipment by a driver within a 50 air

18 mile radius of the normal work reporting location of

19 the driver.

20 (5) ELIGIBLE UNIT OF LOCAL GOVERNMENT.—

21 The term ‘‘eligible unit of local government’’ means a

22 city, town, borough, county, parish, district, or other

23 public body created by or pursuant to State law

24 which has a total population of 3,000 individuals or

25 less.
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1 SEC. 352. TRAFFIC CONTROL SIGNS.

2 Traffic control signs erected under the experimental

3 project conducted in the State of Oregon in December 1991

4 shall be deemed to comply with the requirements of section

5 2B–4 of the Manual on Uniform Traffic Control Devices

6 of the Department of Transportation.

7 SEC. 353. BRIGHTMAN STREET BRIDGE, FALL RIVER HAR8 BOR, MASSACHUSETTS.

9 Notwithstanding any other provision of law, the

10 Brightman Street Bridge in Fall River Harbor, Massachu11 setts, may be reconstructed to result in a clear channel

12 width of less than 300 feet.

13 TITLE IV—TRUTH IN BUDGETING

14 SEC. 401. SHORT TITLE.

15 This title may be cited as the ‘‘Truth in Budgeting

16 Act’’.

17 SEC. 402. BUDGETARY TREATMENT OF HIGHWAY TRUST

18 FUND, AIRPORT AND AIRWAY TRUST FUND,

19 INLAND WATERWAYS TRUST FUND, AND HAR20 BOR MAINTENANCE TRUST FUND.

21 The receipts and disbursements of the Highway Trust

22 Fund, the Airport and Airway Trust Fund, the Inland Wa23 terways Trust Fund, and the Harbor Maintenance Trust

24 Fund—

25 (1) shall not be included in the totals of—
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1 (A) the budget of the United States Govern2 ment as submitted by the President, or

3 (B) the congressional budget (including al4 locations of budget authority and outlays pro5 vided therein),

6 (2) shall be exempt from any general budget lim7 itation imposed by statute on expenditures and net

8 lending (budget outlays) of the United States Govern9 ment, and

10 (3) shall be exempt from any order issued under

11 part C of the Balanced Budget and Emergency Defi12 cit Control Act of 1985.

13 SEC. 403. SAFEGUARDS AGAINST DEFICIT SPENDING OUT

14 OF AIRPORT AND AIRWAY TRUST FUND.

15 (a) IN GENERAL.—Chapter 481 of title 49, United

16 States Code, is amended by inserting after section 48110

17 the following new section:

18 ‘‘§ 48111. Safeguards against deficit spending

19 ‘‘(a) ESTIMATES OF UNFUNDED AVIATION AUTHOR20 IZATIONS AND NET AVIATION RECEIPTS.—Not later than

21 March 31 of each year, the Secretary, in consultation with

22 the Secretary of the Treasury, shall estimate—

23 ‘‘(1) the amount which would (but for this sec24 tion) be the unfunded aviation authorizations at the
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1 close of the first fiscal year that begins after that

2 March 31, and

3 ‘‘(2) the net aviation receipts at the close of such

4 fiscal year.

5 ‘‘(b) PROCEDURE IF EXCESS UNFUNDED AVIATION

6 AUTHORIZATIONS.—If the Secretary determines for any fis7 cal year that the amount described in subsection (a)(1) ex8 ceeds the amount described in subsection (a)(2), the Sec9 retary shall determine the amount of such excess.

10 ‘‘(c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

11 AUTHORIZATIONS EXCEED RECEIPTS.—

12 ‘‘(1) DETERMINATION OF PERCENTAGE.—If the

13 Secretary determines that there is an excess referred

14 to in subsection (b) for a fiscal year, the Secretary

15 shall determine the percentage which—

16 ‘‘(A) such excess, is of

17 ‘‘(B) the total of the amounts authorized to

18 be appropriated from the Airport and Airway

19 Trust Fund established under section 9502 of the

20 Internal Revenue Code of 1986 (26 U.S.C. 9502)

21 for the next fiscal year.

22 ‘‘(2) ADJUSTMENT OF AUTHORIZATIONS.—If the

23 Secretary determines a percentage under paragraph

24 (1), each amount authorized to be appropriated from
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1 the Airport and Airway Trust Fund for the next fis2 cal year shall be reduced by such percentage.

3 ‘‘(d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH4 HELD.—

5 ‘‘(1) ADJUSTMENT OF AUTHORIZATIONS.—If,

6 after a reduction has been made under subsection

7 (c)(2), the Secretary determines that the amount de8 scribed in subsection (a)(1) does not exceed the

9 amount described in subsection (a)(2) or that the ex10 cess referred to in subsection (b) is less than the

11 amount previously determined, each amount author12 ized to be appropriated that was reduced under sub13 section (c)(2) shall be increased, by an equal percent14 age, to the extent the Secretary determines that it

15 may be so increased without causing the amount de16 scribed in subsection (a)(1) to exceed the amount de17 scribed in subsection (a)(2) (but not by more than the

18 amount of the reduction).

19 ‘‘(2) APPORTIONMENT.—The Secretary shall ap20 portion amounts made available for apportionment

21 by paragraph (1).

22 ‘‘(3) PERIOD OF AVAILABILITY.—Any funds ap23 portioned under paragraph (2) shall remain available

24 for the period for which they would be available if
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1 such apportionment took effect with the fiscal year in

2 which they are apportioned under paragraph (2).

3 ‘‘(e) REPORTS.—Any estimate under subsection (a)

4 and any determination under subsection (b), (c), or (d)

5 shall be reported by the Secretary to Congress.

6 ‘‘(f) DEFINITIONS.—For purposes of this section, the

7 following definitions apply:

8 ‘‘(1) NET AVIATION RECEIPTS.—The term ‘net

9 aviation receipts’ means, with respect to any period,

10 the excess of—

11 ‘‘(A) the receipts (including interest) of the

12 Airport and Airway Trust Fund during such pe13 riod, over

14 ‘‘(B) the amounts to be transferred during

15 such period from the Airport and Airway Trust

16 Fund under section 9502(d) of the Internal Reve17 nue Code of 1986 (other than paragraph (1)

18 thereof).

19 ‘‘(2) UNFUNDED AVIATION AUTHORIZATIONS.—

20 The term ‘unfunded aviation authorization’ means, at

21 any time, the excess (if any) of—

22 ‘‘(A) the total amount authorized to be ap23 propriated from the Airport and Airway Trust

24 Fund which has not been appropriated, over
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1 ‘‘(B) the amount available in the Airport

2 and Airway Trust Fund at such time to make

3 such appropriation (after all other unliquidated

4 obligations at such time which are payable from

5 the Airport and Airway Trust Fund have been

6 liquidated).’’.

7 (b) CONFORMING AMENDMENT.—The analysis for

8 chapter 481 of title 49, United States Code, is amended by

9 adding at the end the following:

‘‘48111. Safeguards against deficit spending.’’.

10 SEC. 404. SAFEGUARDS AGAINST DEFICIT SPENDING OUT

11 OF THE INLAND WATERWAYS TRUST FUND

12 AND HARBOR MAINTENANCE TRUST FUND.

13 (a) ESTIMATES OF UNFUNDED INLAND WATERWAYS

14 AUTHORIZATIONS AND NET INLAND WATERWAYS RE15 CEIPTS.—Not later than March 31 of each year, the Sec16 retary of the Army, in consultation with the Secretary of

17 the Treasury, shall estimate—

18 (1) the amount which would (but for this sec19 tion) be the unfunded inland waterways authoriza20 tions and unfunded harbor maintenance authoriza21 tions at the close of the first fiscal year that begins

22 after that March 31; and

23 (2) the net inland waterways receipts and net

24 harbor maintenance receipts at the close of such fiscal

25 year.
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1 (b) PROCEDURE IF EXCESS UNFUNDED INLAND WA2 TERWAYS AUTHORIZATIONS.—If the Secretary of the Army

3 determines with respect to the Inland Waterways Trust

4 Fund or the Harbor Maintenance Trust Fund for any fiscal

5 year that the amount described in subsection (a)(1) exceeds

6 the amount described in subsection (a)(2), the Secretary

7 shall determine the amount of such excess.

8 (c) ADJUSTMENT OF AUTHORIZATIONS IF UNFUNDED

9 AUTHORIZATIONS EXCEED RECEIPTS.—

10 (1) DETERMINATION OF PERCENTAGE.—If the

11 Secretary of the Army determines that there is an ex12 cess referred to in subsection (b) for a fiscal year, the

13 Secretary of the Army shall determine the percentage

14 which—

15 (A) such excess, is of

16 (B) the total of the amounts authorized to

17 be appropriated from the Inland Waterways

18 Trust Fund or the Harbor Maintenance Trust

19 Fund, as the case may be, for the next fiscal

20 year.

21 (2) ADJUSTMENT OF AUTHORIZATIONS.—If the

22 Secretary of the Army determines a percentage under

23 paragraph (1), each amount authorized to be appro24 priated from the Trust Fund for the next fiscal year

25 shall be reduced by such percentage.
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1 (d) AVAILABILITY OF AMOUNTS PREVIOUSLY WITH2 HELD.—If, after an adjustment has been made under sub3 section (c)(2), the Secretary of the Army determines with

4 respect to the Inland Waterways Trust Fund or the Harbor

5 Maintenance Trust Fund that the amount described in sub6 section (a)(1) does not exceed the amount described in sub7 section (a)(2) or that the excess referred to in subsection

8 (b) with respect to the Trust Fund is less than the amount

9 previously determined, each amount authorized to be appro10 priated that was reduced under subsection (c)(2) with re11 spect to the Trust Fund shall be increased, by an equal per12 centage, to the extent the Secretary of the Army determines

13 that it may be so increased without causing the amount

14 described in subsection (a)(1) to exceed with respect to the

15 Trust Fund the amount described in subsection (a)(2) (but

16 not by more than the amount of the reduction).

17 (e) REPORTS.—Any estimate under subsection (a) and

18 any determination under subsection (b), (c), or (d) shall

19 be reported by the Secretary of the Army to Congress.

20 (f) DEFINITIONS.—For purposes of this title, the fol21 lowing definitions apply:

22 (1) AIRPORT AND AIRWAY TRUST FUND.—The

23 term ‘‘Airport and Airway Trust Fund’’ means the

24 Airport and Airway Trust Fund established by sec25 tion 9502 of the Internal Revenue Code of 1986.
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1 (2) HARBOR MAINTENANCE TRUST FUND.—The

2 term ‘‘Harbor Maintenance Trust Fund’’ means the

3 Harbor Maintenance Trust Fund established by sec4 tion 9505 of the Internal Revenue Code of 1986.

5 (3) HIGHWAY TRUST FUND.—The term ‘‘High6 way Trust Fund’’ means the Highway Trust Fund es7 tablished by section 9503 of the Internal Revenue

8 Code of 1986.

9 (4) INLAND WATERWAYS TRUST FUND.—The

10 term ‘‘Inland Waterways Trust Fund’’ means the In11 land Waterways Trust Fund established by section

12 9506 of the Internal Revenue Code of 1986.

13 (5) NET HARBOR MAINTENANCE RECEIPTS.—The

14 term ‘‘net harbor maintenance receipts’’ means, with

15 respect to any period, the receipts (including interest)

16 of the Harbor Maintenance Trust Fund during such

17 period.

18 (6) NET INLAND WATERWAYS RECEIPTS.—The

19 term ‘‘net inland waterways receipts’’ means, with re20 spect to any period, the receipts (including interest)

21 of the Inland Waterways Trust Fund during such pe22 riod.

23 (7) UNFUNDED INLAND WATERWAYS AUTHORIZA24 TIONS.—The term ‘‘unfunded inland waterways au-
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1 thorizations’’ means, at any time, the excess (if any)

2 of—

3 (A) the total amount authorized to be ap4 propriated from the Inland Waterways Trust

5 Fund which has not been appropriated, over

6 (B) the amount available in the Inland Wa7 terways Trust Fund at such time to make such

8 appropriations.

9 (8) UNFUNDED HARBOR MAINTENANCE AUTHOR10 IZATIONS.—The term ‘‘unfunded harbor maintenance

11 authorizations’’ means, at any time, the excess (if

12 any) of—

13 (A) the total amount authorized to be ap14 propriated from the Harbor Maintenance Trust

15 Fund which has not been appropriated, over

16 (B) the amount available in the Harbor

17 Maintenance Trust Fund at such time to make

18 such appropriations.

19 SEC. 405. APPLICABILITY.

20 This title (including the amendments made by this

21 title) shall apply to fiscal years beginning after September

22 30, 1995.

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