In the House of Representatives, U. S.,

September 20, 1995.

Resolved, That the bill from the Senate (S. 440) entitled

‘‘An Act to amend title 23, United States Code, to provide

for the designation of the National Highway System, and for

other purposes’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause, and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na3 tional 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.

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.
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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.

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.

Sec. 354. Motor carrier safety program.

Sec. 355. Technical amendment.

Sec. 356. Safety report.
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Sec. 357. Operation of motor vehicles by intoxicated minors.

Sec. 358. Effectiveness of drunk driving laws.

1 SEC. 2. SECRETARY DEFINED.

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

3 of Transportation.

4 TITLE I—NATIONAL HIGHWAY

5 SYSTEM

6 SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

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

8 by inserting after subsection (b) the following:

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

10 Highway System as submitted by the Secretary of Trans11 portation on the map entitled ‘Official Submission, Na12 tional Highway System, Federal Highway Administra13 tion’, and dated September 1, 1995, is hereby designated

14 within the United States, including the District of Colum15 bia and the Commonwealth of Puerto Rico.

16 ‘‘(d) MODIFICATIONS TO THE NHS.—

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

18 may submit for approval to the Committee on Envi19 ronment and Public Works of the Senate and the

20 Committee on Transportation and Infrastructure of

21 the House of Representatives proposed modifications

22 to the National Highway System. The Secretary may

23 only propose a modification under this subsection if

24 the Secretary determines that such modification meets
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1 the criteria and requirements of subsection (b). Pro2 posed modifications may include new segments and

3 deletion of existing segments of the National Highway

4 System.

5 ‘‘(2) APPROVAL OF CONGRESS REQUIRED.—A

6 modification to the National Highway System may

7 only take effect if a law has been enacted approving

8 such modification.

9 ‘‘(3) REQUIRED SUBMISSIONS.—

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

11 180 days after the date of the enactment of the

12 National Highway System Designation Act of

13 1995, the Secretary shall submit under para14 graph (1) proposed modifications to the National

15 Highway System. Such modifications shall in16 clude a list and description of additions to the

17 National Highway System consisting of connec18 tions to major ports, airports, international bor19 der crossings, public transportation and transit

20 facilities, interstate bus terminals, and rail and

21 other intermodal transportation facilities.

22 ‘‘(B) CONGRESSIONAL HIGH PRIORITY COR23 RIDORS.—Upon the completion of feasibility

24 studies, the Secretary shall submit under para25 graph (1) proposed modifications to the National
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1 Highway System consisting of any congressional

2 high priority corridor or any segment thereof es3 tablished by section 1105 of the Intermodal Sur4 face Transportation Efficiency Act of 1991 (105

5 Stat. 2037) which was not identified on the Na6 tional Highway System designated by subsection

7 (c).

8 ‘‘(4) INTERIM ELIGIBILITY.—

9 ‘‘(A) IN GENERAL.—Notwithstanding para10 graph (2), a modification to the National High11 way System which adds to the National High12 way System a connection to a major port, air13 port, international border crossing, public trans14 portation or transit facility, interstate bus ter15 minal, or rail or other intermodal transportation

16 facility shall be eligible for funds apportioned

17 under section 104(b)(1) for the National High18 way System if the Secretary finds that such

19 modification is consistent with criteria developed

20 by the Secretary for such modifications to the

21 National Highway System.

22 ‘‘(B) PERIOD OF ELIGIBILITY.—A modifica23 tion to the National Highway System which is

24 eligible under subparagraph (A) for funds appor25 tioned under section 104(b)(1) may remain eligi-
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1 ble for such funds only until the date on which

2 a law has been enacted approving modifications

3 to the National Highway System which connect

4 the National Highway System to facilities re5 ferred to in subparagraph (A).’’.

6 TITLE II—HIGHWAY FUNDING

7 RESTORATION

8 SEC. 201. SHORT TITLE.

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

10 Restoration Act of 1995’’.

11 SEC. 202. FINDINGS AND PURPOSES.

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

13 (1) Federal infrastructure spending on highways

14 is critical to the efficient movement of goods and peo15 ple in the United States;

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

17 Transportation Efficiency Act of 1991 has been esti18 mated to result in fiscal year 1996 highway spending

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

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

21 lose critical funds from the Highway Trust Fund that

22 can never be recouped; and

23 (4) the funding reduction would have disastrous

24 effects on the national economy, impede interstate
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1 commerce, and jeopardize the 40-year Federal invest2 ment in the Nation’s highway system.

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

4 (1) to make the program categories in the cur5 rent Federal-aid highway program more flexible so

6 that States may fund current, high-priority projects

7 in fiscal year 1996;

8 (2) to eliminate programs that are not critical

9 during fiscal year 1996 and to reallocate funds so

10 that the States will be able to continue their core

11 transportation infrastructure programs;

12 (3) to restore funding for exempt highway pro13 grams;

14 (4) to ensure the equitable distribution of funds

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

16 a manner consistent with the Intermodal Surface

17 Transportation Efficiency Act of 1991; and

18 (5) to suspend certain penalties that would be

19 imposed on the States in fiscal year 1996.

20 SEC. 203. STATE HIGH PRIORITY PROJECT RESTORATION

21 PROGRAM.

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

23 1996 and 1997, or as soon as possible thereafter, the Sec24 retary shall allocate among the States the amounts made

25 available to carry out this section for Interstate highway
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1 substitute, National Highway System, surface transpor2 tation program, Interstate, congestion mitigation and air

3 quality improvement program, bridge, hazard elimination,

4 and rail-highway crossings projects.

5 (b) ALLOCATION FORMULA.—Funds made available to

6 carry out this section shall be allocated among the States

7 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
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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) 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.—
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1 (1) GENERAL RULE.—The percentage determined

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

3 under this section for a fiscal year shall be obligated

4 in urbanized areas of the State with an urbanized

5 population of over 200,000 under section 133(d)(3) of

6 title 23, United States Code.

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

8 paragraph (1) is the percentage determined by divid9 ing—

10 (A) the total amount of the reduction in

11 funds which would have been attributed under

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

13 to urbanized areas of the State with an urban14 ized population of over 200,000 for fiscal year

15 1996 as a result of the application of section

16 1003(c) of the Intermodal Surface Transpor17 tation Efficiency Act of 1991; by

18 (B) the total amount of the reduction in au19 thorized funds for fiscal year 1996 that would

20 have been allocated to the State, and that would

21 have been apportioned to the State, as a result

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

23 (f) LIMITATION ON PLANNING EXPENDITURES.—One24 half of 1 percent of amounts allocated to each State under

25 this section in any fiscal year may be available for expendi-
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1 ture for the purpose of carrying out the requirements of sec2 tion 134 of title 23, United States Code (relating to transportation planning). 11 3 ⁄2 percent of the amounts allocated

4 to each State under this section in any fiscal year may

5 be available for expenditure for the purpose of carrying out

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

7 title (relating to transportation planning and research).

8 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

9 authorized to be appropriated, out of the Highway Trust

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

11 this section $321,420,595 for fiscal year 1996 and

12 $155,000,000 for fiscal year 1997.

13 (h) APPLICABILITY OF CHAPTER 1 OF TITLE 23.—Ex14 cept as otherwise provided in this section, funds allocated

15 under this section shall be available for obligation in the

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

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

18 Code.

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

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

21 Samoa, and the Commonwealth of the Northern Mariana

22 Islands.

23 SEC. 204. RESCISSIONS.

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

25 after any necessary reductions are made under section
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1 1003(c) of the Intermodal Surface Transportation Effi2 ciency Act of 1991, the following unobligated balances avail3 able on September 30, 1995, of funds made available for

4 the following provisions are hereby rescinded:

5 (1) $78,993.92 made available by section 131(c)

6 of the Surface Transportation Assistance Act of 1982.

7 (2) $798,701.04 made available by section 131(j)

8 of the Surface Transportation Assistance Act of 1982.

9 (3) $942,249 made available for section

10 149(a)(66) of the Surface Transportation and Uni11 form Relocation Assistance Act of 1987.

12 (4) $88,195 made available for section

13 149(a)(111)(C) of the Surface Transportation and

14 Uniform Relocation Assistance Act of 1987.

15 (5) $155,174.41 made available for section

16 149(a)(111)(E) of the Surface Transportation and

17 Uniform Relocation Assistance Act of 1987.

18 (6) $36,979.05 made available for section

19 149(a)(111)(J) of the Surface Transportation and

20 Uniform Relocation Assistance Act of 1987.

21 (7) $34,281.53 made available for section

22 149(a)(111)(K) of the Surface Transportation and

23 Uniform Relocation Assistance Act of 1987.
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1 (8) $164,532 made available for section

2 149(a)(111)(L) of the Surface Transportation and

3 Uniform Relocation Assistance Act of 1987.

4 (9) $86,070.82 made available for section

5 149(a)(111)(M) of the Surface Transportation and

6 Uniform Relocation Assistance Act of 1987.

7 (10) $52,834 made available for section

8 149(a)(95) of the Surface Transportation and Uni9 form Relocation Assistance Act of 1987.

10 (11) $909,131 made available for section

11 149(a)(99) of the Surface Transportation and Uni12 form Relocation Assistance Act of 1987.

13 (12) $3,817,000 made available for section

14 149(a)(35) of the Surface Transportation and Uni15 form Relocation Assistance Act of 1987.

16 (13) $797,800 made available for section

17 149(a)(100) of the Surface Transportation and Uni18 form Relocation Assistance Act of 1987.

19 (14) $2 made available by section 149(c)(3) of

20 the Surface Transportation and Uniform Relocation

21 Assistance Act of 1987.

22 (15) $44,706,878 made available by section

23 1012(b)(6) of the Intermodal Surface Transportation

24 Efficiency Act of 1991.
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1 (16) $15,401,107 made available by section

2 1003(a)(7) of the Intermodal Surface Transportation

3 Efficiency Act of 1991.

4 (17) $1,000,000 made available by item number

5 38 of the table contained in section 1108(b) of the

6 Intermodal Surface Transportation Efficiency Act of

7 1991.

8 (18) $150,000,000 deducted by the Secretary

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

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

11 5338(a)(1) of title 49, United States Code.

12 (b) REDUCTIONS IN AUTHORIZED AMOUNTS.—

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

14 of the Intermodal Surface Transportation Efficiency

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

16 (A) in subparagraph (A) by inserting

17 ‘‘and’’ after ‘‘1994,’’;

18 (B) in subparagraph (A) by striking

19 ‘‘, $125,000,000’’ and all that follows through

20 ‘‘1997’’; and

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

22 and 1997’’ and inserting ‘‘and 1996’’.

23 (2) HIGHWAY SAFETY PROGRAMS.—Section

24 2005(1) of such Act (105 Stat. 2079) is amended—
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1 (A) by striking ‘‘and’’ the first place it ap2 pears and inserting a comma; and

3 (B) by striking ‘‘1996, and 1997’’ and in4 serting ‘‘and 1996, and $146,000,000 for 1997’’.

5 (3) EFFECTIVE DATE.—The amendments made

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

7 after the date on which authorized funds for fiscal

8 year 1996 are reduced as a result of application of

9 section 1003(c) of such Act.

10 (c) CONGESTION PRICING PILOT PROGRAM TRANS11 FERS.—After the date on which authorized funds for fiscal

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

13 1003(c) of the Intermodal Surface Transportation Effi14 ciency Act of 1991, the amounts made available for fiscal

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

16 Intermodal Surface Transportation Efficiency Act of 1991

17 (105 Stat. 1938) shall be available to carry out section 203

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

19 program.

20 SEC. 205. STATE UNOBLIGATED BALANCE FLEXIBILITY.

21 (a) REDUCTION IN FEDERAL FUNDING.—

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

23 1995, or as soon as possible thereafter, the Secretary

24 shall notify each State of the total amount of the re-
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1 duction in authorized funds for fiscal year 1996 that would

2 have been allocated to such State, and that would have been

3 apportioned to such State, as a result of application of sec4 tion 1003(c) of the Intermodal Surface Transportation Effi5 ciency Act of 1991.

6 (2) EXCLUSION OF CERTAIN FUNDING.—In deter7 mining the amount of any reduction under para8 graph (1), the Secretary shall deduct—

9 (A) the amount allocated to each State in

10 fiscal year 1996 to carry out section 203 of this

11 Act, relating to the State high priority project

12 restoration program; and

13 (B) any amounts made available under sec14 tion 157(a)(4)(B)(iii) of title 23, United States

15 Code, for fiscal year 1996.

16 (b) UNOBLIGATED BALANCE FLEXIBILITY.—Upon re17 quest of a State, the Secretary shall make available to carry

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

19 year 1996 an amount not to exceed the amount determined

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

21 available from authorized funds that were allocated or ap22 portioned to such State and were not obligated as of Sep23 tember 30, 1995. The State shall designate on or before No24 vember 1, 1995, or as soon as possible thereafter which of

25 such authorized funds are to be made available under this
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1 section to carry out such projects. The Secretary shall make

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

3 thereafter funds designated under the preceding sentence to

4 the State.

5 (c) SPECIAL RULE FOR URBANIZED AREAS OF OVER

6 200,000.—Funds which were apportioned to the State

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

8 attributed to urbanized areas of a State with an urbanized

9 population of over 200,000 under section 133(d)(3) of such

10 title may only be designated by the State under subsection

11 (b) if the metropolitan planning organization designated

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

13 (d) CONGESTION MITIGATION AND AIR QUALITY BAL14 ANCES.—States may designate under subsection (b) funds

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

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

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

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

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

20 which does not include such an area, the funds may be obli21 gated in any area of the State.

22 (e) INTERSTATE CONSTRUCTION BALANCES.—A State

may not designate under subsection (b) any more than 1 23 ⁄3

24 of funds apportioned or allocated to the State for Interstate

25 construction and not obligated as of September 30, 1995.
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1 (f) PERIOD OF AVAILABILITY.—Notwithstanding any

2 other provision of law, amounts designated under subsection

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

4 which such amounts were originally made available for ob5 ligation and shall be subject to the provisions of title 23,

6 United States Code. Obligation limitations for Federal-aid

7 highways and highway safety construction programs estab8 lished by the Intermodal Surface Transportation Efficiency

9 Act of 1991 and subsequent laws shall apply to obligations

10 made under this section.

11 (g) LIMITATION ON STATUTORY CONSTRUCTION.—

12 Nothing in this section shall be construed to affect calcula13 tions to determine allocations to States under section 157

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

15 1015(a), and 1015(b) of the Intermodal Surface Transpor16 tation Efficiency Act of 1991.

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

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

19 of title 23, United States Code.

20 SEC. 206. MINIMUM ALLOCATION.

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

22 States Code, is amended—

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

24 following:

25 ‘‘(A) IN GENERAL.—In fiscal’’;
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1 (2) by inserting ‘‘funds authorized to be appro2 priated by subsection (f)’’ after ‘‘shall allocate’’;

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

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

5 right; and

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

7 ‘‘(B) ADDITIONAL ALLOCATION.—If the ag8 gregate amount allocated to the States under

9 subparagraph (A) after application of section

10 1003(c) the Intermodal Surface Transportation

11 Efficiency Act of 1991 for any fiscal year begin12 ning after September 30, 1995, is less than the

13 amount authorized to be appropriated to carry

14 out this section for such fiscal year, then the ex15 cess of such authorized amount shall be allocated

16 as follows:

17 ‘‘(i) The Secretary shall first allocate

18 to each State such amount as may be nec19 essary to increase the allocation under sub20 paragraph (A) to the amount that would

21 have been allocated to the State for such fis22 cal year if the full amount of the funds au23 thorized to be appropriated for such fiscal

24 year by such Act out of the Highway Trust

25 Fund (other than the Mass Transit Ac-
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1 count) were appropriated without regard to

2 such section 1003(c).

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

4 after the allocation under clause (i), the

5 Secretary shall allocate to each State such

6 amount as may be necessary so that the

7 amount authorized to be appropriated for

8 such fiscal year for each project to be car9 ried out in such State under sections 1103

10 through 1108 of such Act without regard to

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

12 the project.

13 ‘‘(iii) The Secretary shall allocate

14 among the States any excess remaining

15 after the allocations under clauses (i) and

16 (ii) so that each State is allocated the fol17 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
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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

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

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

3 (2) by inserting after subsection (c) the follow4 ing:

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

6 200,000 IN FISCAL YEARS 1996 AND 1997.—

7 ‘‘(1) GENERAL RULE.—The percentage deter8 mined under paragraph (2) of funds allocated to a

9 State under subsection (a)(4)(B)(iii) for each of fiscal

10 years 1996 and 1997 shall be obligated in urbanized

11 areas of the State with an urbanized population of

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

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

14 in paragraph (1) is the percentage determined by di15 viding—

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

17 funds which would have been attributed under

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

19 with an urbanized population of over 200,000

20 for fiscal year 1996 as a result of the application

21 of section 1003(c) of the Intermodal Surface

22 Transportation Efficiency Act of 1991; by

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

24 authorized funds for fiscal year 1996 that would

25 have been allocated to the State, and that would
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1 have been apportioned to the State, as a result

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

3 (c) FUNDING.—Section 157(f) of such title, as redesig4 nated by subsection (b), is amended by inserting before the

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

6 $1,101,000,000 for fiscal year 1996, $1,378,000,000 for fis7 cal year 1997’’.

8 SEC. 207. RELIEF FROM MANDATES.

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

10 take any action pursuant to or enforce the provisions of

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

12 to any State during fiscal year 1996.

13 (b) ASPHALT PAVEMENT CONTAINING RECYCLED RUB14 BER.—Section 1038 of the Intermodal Surface Transpor15 tation Efficiency Act of 1991 (105 Stat. 1987–1990) is

16 amended—

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

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

19 (d).

20 SEC. 208. DEFINITIONS.

21 In this title, the following definitions apply:

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

23 funds’’ means funds authorized to be appropriated out

24 of the Highway Trust Fund (other than the Mass

25 Transit Account) to carry out title 23, United States
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1 Code (other than sections 402 and 410) and the Inter2 modal Surface Transportation Efficiency Act of 1991

3 and subject to an obligation limitation.

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

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

6 101(a) of title 23, United States Code.

7 TITLE III—MISCELLANEOUS

8 PROVISIONS

9 SEC. 301. DISTRIBUTION OF TRANSIT OPERATING ASSIST10 ANCE LIMITATION.

11 (a) IN GENERAL.—Notwithstanding section 5336(d) of

12 title 49, United States Code, the Secretary shall distribute

13 the limitation on operating assistance under such section—

14 (1) so that each urbanized area (as such term is

15 defined under section 5302 of such title) that had a

16 population under the 1990 decennial census of the

17 United States of less than 200,000 will receive, under

18 the distribution of such limitation for each of fiscal

19 years 1996 and 1997, 75 percent of the amount the

20 area received under the distribution of such limita21 tion for fiscal year 1995; and

22 (2) so that an urbanized area that had a popu23 lation under the 1980 decennial census of the United

24 States of more than 1,000,000 and has a population
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1 under the 1990 decennial census of less than

2 1,000,000, will receive under the distribution of such

3 limitation for each of fiscal years 1996 and 1997, 90

4 percent of the amount of funds apportioned in fiscal

5 year 1982 under sections 5(a)(1)(A), 5(a)(2)(A), and

6 5(a)(3)(A) of the Urban Mass Transportation Act of

7 1964 to such area.

8 (b) CONSIDERATION.—In the distribution of the limi9 tation referred to in subsection (a) to urbanized areas that

10 had a population under the 1990 decennial census of

11 1,000,000 or more, the Secretary shall direct each such area

12 to give priority consideration to the impact of reductions

13 in operating assistance on smaller transit authorities oper14 ating within the area and to consider the needs and re15 sources of such transit authorities when the limitation is

16 distributed among all transit authorities operating in the

17 area.

18 SEC. 302. ACCOUNTABILITY FOR HIGH COST FEDERAL-AID

19 PROJECTS.

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

21 recipient of Federal financial assistance for a highway or

22 transit project with an estimated total cost of

23 $1,000,000,000 or more to submit to the Secretary an an24 nual financial plan. Such plan shall be based on detailed

25 annual estimates of the cost to complete the remaining ele-
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1 ments of the project and on reasonable assumptions, as de2 termined by the Secretary, of future increases in the cost

3 to complete the project.

4 (b) RECOMMENDATIONS ON WITHHOLDING OF ASSIST5 ANCE.—As part of an annual report to be submitted under

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

7 to Congress on whether or not future Federal assistance

8 should be withheld with respect to any project described in

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

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

11 determines that the estimates or assumptions referred to in

12 subsection (a) are not reasonable.

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

14 an annual report on the financial plans submitted to the

15 Secretary under this section, and any recommendation

16 made by the Secretary under subsection (b), in the preced17 ing fiscal year.

18 SEC. 303. LETTERS OF INTENT AND FULL FINANCING

19 GRANT AND EARLY SYSTEMS WORK

20 AGREEMENTS.

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

22 amended—

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

24 down 1 line;
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1 (2) by moving all the paragraphs, subpara2 graphs, and clauses of such section 2 ems to the right;

3 (3) by inserting after ‘‘(1)’’ the first place it ap4 pears the following: ‘‘LETTERS OF INTENT.—’’;

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

6 Works and Transportation’’ and inserting ‘‘Transpor7 tation and Infrastructure’’;

8 (5) by inserting after (2) the first place it ap9 pears ‘‘FULL FINANCING GRANT AGREEMENTS.—’’;

10 (6) by inserting after (3) the first place it ap11 pears ‘‘EARLY SYSTEM WORK AGREEMENTS.—’’;

12 (7) by inserting after (4) the first place it ap13 pears ‘‘TOTAL ESTIMATED FUTURE OBLIGATIONS AND

14 CONTINGENT COMMITMENTS.—’’; and

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

16 ‘‘(5) PREAUTHORIZATION OF FULL FEDERAL FI17 NANCIAL RESPONSIBILITY.—

18 ‘‘(A) IN GENERAL.—After the date of the en19 actment of this paragraph and before the date on

20 which Federal-aid highway and transit pro21 grams are reauthorized, the Secretary of Trans22 portation may not issue a letter of intent, or

23 enter into a full financing grant agreement or

24 early systems work agreement, under this section

25 for a project or operable segment of a project un-
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1 less the full amount of Federal financial respon2 sibility for the project or operable segment of a

3 project has been included in an authorization

4 law.

5 ‘‘(B) LIMITATION.—The prohibition on en6 tering into a full financing grant agreement

7 under this paragraph shall not apply—

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

9 intent was issued before the date of the en10 actment of this paragraph; and

11 ‘‘(ii) to any project included as an ele12 ment of an interrelated project which also

13 includes another project for which a letter of

14 intent was issued before such date of enact15 ment.’’.

16 SEC. 304. REPORT ON CAPITAL PROJECTS FOR FIXED

17 GUIDEWAY SYSTEMS AND EXTENSIONS TO EX18 ISTING FIXED GUIDEWAY SYSTEMS.

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

20 amended—

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

22 down 1 line;

23 (2) by moving all the paragraphs and subpara24 graphs of such section 2 ems to the right;
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1 (3) by inserting ‘‘PERCENTAGES.—’’ after ‘‘(1)’’

2 the first place it appears;

3 (4) by inserting ‘‘NONURBANIZED AREA ALLOCA4 TION.—’’ after ‘‘(2)’’ the first place it appears;

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

6 first place it appears;

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

8 and Transportation’’ and inserting ‘‘Transportation

9 and Infrastructure’’;

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

11 the allocation’’ and inserting ‘‘a report on the pro12 posed allocation’’;

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

14 following:

15 ‘‘Such report shall include for each such capital

16 project the following:

17 ‘‘(A) An analysis of the potential funding

18 requirements of the project under paragraph

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

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

21 study process undertaken to select the locally pre22 ferred alternative for the project.

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

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

25 and
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1 (9) by inserting ‘‘MULTIPLE ALLOCATIONS.—’’

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

3 SEC. 305. REPEAL AND MODIFICATION OF EXISTING

4 PROJECTS.

5 (a) LONG BEACH METRO LINK FIXED RAIL

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

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

8 repealed.

9 (b) HONOLULU RAPID TRANSIT PROJECT.—Section

10 3035(ww) of such Act (105 Stat. 2136) is amended by strik11 ing ‘‘$618,000,000’’ and inserting ‘‘$541,100,000’’.

12 SEC. 306. MISCELLANEOUS TRANSIT PROJECTS.

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

14 3031(d) of the Intermodal Surface Transportation Effi15 ciency Act of 1991 (105 Stat. 2122–2123) is amended—

16 (1) by inserting after ‘‘Hudson River Waterfront

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

18 corridor connections to and within the city of Ba19 yonne)’’; and

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

21 ‘‘the West Shore Line,’’.

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

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

24 ‘‘$8,000,000’’ and all that follows through ‘‘1993’’ and in25 serting ‘‘$17,000,000’’.
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1 (c) STATEN ISLAND-MIDTOWN MANHATTAN FERRY

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

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

4 and inserting ‘‘$12,000,000’’.

5 (d) CENTRAL AREA CIRCULATOR PROJECT.—Section

6 3035(e) of such Act is amended by striking the last sentence

7 which begins ‘‘Such amount’’.

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

9 3035(f) of such Act is amended by inserting after ‘‘includ10 ing’’ the following: ‘‘related high-occupancy vehicle lane,

11 intermodal corridor design,’’.

12 (f) LOS ANGELES-SAN DIEGO RAIL CORRIDOR IM13 PROVEMENT PROJECT.—Section 3035(g) of such Act is

14 amended by striking ‘‘not less than’’ the 1st place it appears

15 and all that follows through ‘‘1994’’ and inserting

16 ‘‘$20,000,000’’.

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

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

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

20 ‘‘September 30, 1996’’; and

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

22 ‘‘October 31, 1996,’’.

23 (h) DALLAS LIGHT RAIL PROJECT.—

24 (1) MULTIYEAR GRANT AGREEMENT.—Section

25 3035(i) of such Act is amended—
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1 (A) by striking ‘‘6.4 miles’’ and inserting

2 ‘‘9.6 miles’’;

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

4 ‘‘not to exceed 14 stations’’;

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

6 inserting ‘‘the program of interrelated projects

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

8 United States Code,’’; and

9 (D) by striking ‘‘of such elements’’ and in10 serting ‘‘element of such program of interrelated

11 projects’’.

12 (2) PROGRAM OF INTERRELATED PROJECTS.—

13 Section 5328(c)(1)(G) of title 49, United States Code,

14 is amended by striking ‘‘Camp Wisdom’’ and insert15 ing ‘‘Interstate Route 20, L.B.J. Freeway’’.

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

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

18 year 1992, and $4,400,000 in fiscal year 1993’’ and insert19 ing ‘‘$5,900,000’’.

20 (j) DOWNTOWN ORLANDO CIRCULATOR PROJECT.—

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

22 (1) by striking the subsection heading and in23 serting ‘‘DOWNTOWN ORLANDO CIRCULATOR

24 PROJECT’’;
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1 (2) by striking ‘‘No later than April 30, 1992,

2 the’’ and inserting ‘‘The’’;

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

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

5 inserting ‘‘and the completion of final design, con6 struction, land and equipment acquisition, and relat7 ed activities for the Downtown Orlando Circulator

8 project.’’.

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

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

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

12 inserting ‘‘$20,000,000’’.

13 (l) LAKEWOOD-FREEHOLD-MATAWAN OR JAMES- BURG

14 RAIL PROJECT.—Section 3035(p) of such Act is amended

15 by striking ‘‘$1,800,000’’ and all that follows through

16 ‘‘1994’’ and inserting ‘‘$7,800,000’’.

17 (m) CHARLOTTE LIGHT RAIL STUDY.—Section

18 3035(r) of such Act is amended by striking ‘‘$125,000’’ and

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

20 (n) SAN DIEGO MID COAST FIXED GUIDEWAY

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

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

23 COAST LIGHT RAIL PROJECT’’ and inserting ‘‘MET24 ROPOLITAN TRANSIT IMPROVEMENT PROGRAM’’;
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1 (2) by striking ‘‘No later than April 30, 1992,

2 the’’ and inserting ‘‘The’’; and

3 (3) by striking ‘‘, $2,000,000’’ and all that fol4 lows through the period and inserting ‘‘$27,000,000

5 for the integrated project financing of the San Diego

6 Mid Coast and Mission Valley East Corridor fixed

7 guideway projects.’’.

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

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

10 following: ‘‘From funds made available under section

11 5309(m)(1)(C) of title 49, United States Code, the Secretary

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

13 the purchase of an alternative fueled vehicle which is acces14 sible to and usable by individuals with disabilities.’’.

15 (p) BALTIMORE-WASHINGTON TRANSPORTATION IM16 PROVEMENTS PROGRAM.—Section 3035(nn) of such Act is

17 amended—

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

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

20 ‘‘and shall not be less than $60,000,000.’’;

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

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

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

24 $160,000,000.’’; and
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1 (3) in paragraph (3) by striking ‘‘for fiscal year

2 1993’’.

3 (q) DULLES CORRIDOR RAIL PROJECT.—Section

4 3035(aaa) 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 ‘‘the completion’’ and all that fol8 lows through ‘‘engineering for’’.

9 (r) CENTRAL PUGET SOUND REGIONAL TRANSIT

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

11 read as follows:

12 ‘‘(bbb) CENTRAL PUGET SOUND REGIONAL TRANSIT

13 PROJECT.—From funds made available under section

14 5309(m)(1)(B) of title 49, United States Code, the Secretary

15 shall make available $300,000,000 for the Central Puget

16 Sound Regional Transit Project.’’.

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

18 3035(fff) of such Act is amended—

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

20 the’’ and inserting ‘‘The’’; and

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

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

23 (t) SUSPENDED LIGHT RAIL SYSTEM TECHNOLOGY

24 PILOT PROJECT.—Section 5320 of title 49, United States

25 Code, is amended—
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1 (1) in subsection (h)(1)(A) by striking ‘‘for the

2 fiscal year ending September 30, 1992,’’;

3 (2) in subsection (h)(1)(B) by striking ‘‘for the

4 fiscal year ending September 30, 1993,’’;

5 (3) in subsection (h)(1)(C) by striking ‘‘for the

6 fiscal year ending September 30, 1994,’’; and

7 (4) by adding at the end the following new sub8 section:

9 ‘‘(l) DEADLINE.—

10 ‘‘(1) COMPLETION OF COMPETITION.—Notwith11 standing any other provision of this section, not later

12 than 60 days after the date of the enactment of this

13 subsection, the Secretary shall complete the national

14 competition initiated under subsection (c) by selecting

15 the public entity referred to in subsection (c)(3).

16 ‘‘(2) THEREAFTER.—Following selection of the

17 public entity in accordance with paragraph (1)—

18 ‘‘(A) the Secretary shall make to such public

19 entity the payments under subsections (h)(1)(B)

20 and (h)(1)(C); except that such payments shall

21 be made in the form of grants under section

22 5312(a); and

23 ‘‘(B) the Secretary, upon completion of pre24 liminary engineering and design, shall negotiate

25 and enter into a full financing grant agreement
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1 with such public entity under subsection (e), con2 sistent with section 5309(g).’’.

3 (u) ADDITIONAL TRANSIT PROJECTS.—

4 (1) CANTON-AKRON-CLEVELAND COMMUTER

5 RAIL.—From funds made available under section

6 5309(m)(1)(B) of title 49, United States Code, the

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

8 Canton-Akron-Cleveland Commuter Rail project.

9 (2) CINCINNATI NORTHEAST/NORTHERN KEN10 TUCKY RAIL.—From funds made available under such

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

12 for the Cincinnati Northeast/Northern Kentucky Rail

13 project.

14 (3) DART NORTH CENTRAL LIGHT RAIL EXTEN15 SION.—From funds made available under such sec16 tion, the Secretary shall make available $2,500,000

17 for the DART North Central Light Rail Extension

18 project.

19 (4) DALLAS-FORT WORTH RAILTRAN.—From

20 funds made available under such section, the Sec21 retary shall make available $5,000,000 for the Dallas22 Fort Worth RAILTRAN project.

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

24 From funds made available under such section, the
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1 Secretary shall make available $10,000,000 for the

2 Florida Tri-County Commuter Rail project.

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

4 made available under such section, the Secretary shall

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

6 Avenue project.

7 (7) MEMPHIS, TENNESSEE, REGIONAL RAIL

8 PLAN.—From funds made available under such sec9 tion, the Secretary shall make available $2,500,000

10 for the Memphis, Tennessee, Regional Rail Plan

11 project.

12 (8) NEW ORLEANS CANAL STREET CORRIDOR.—

13 From funds made available under such section, the

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

15 New Orleans Canal Street Corridor project.

16 (9) ORANGE COUNTY TRANSITWAY.—From funds

17 made available under such section, the Secretary shall

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

19 Transitway project.

20 (10) WHITEHALL FERRY TERMINAL, NEW YORK,

21 NEW YORK.—From funds made available under such

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

23 for the Whitehall Ferry Terminal project.

24 (11) WISCONSIN CENTRAL COMMUTER.—From

25 funds made available under such section, the Sec-
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1 retary shall make available $14,400,000 for the Wis2 consin Central Commuter project.

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

4 From funds made available under such section, the

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

6 San Juan, Puerto Rico, Tren Urbano project.

7 (13) TAMPA TO LAKELAND COMMUTER RAIL.—

8 From funds made available under such section, the

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

10 Tampa to Lakeland Commuter Rail project.

11 SEC. 307. METROPOLITAN PLANNING FOR TRANSIT

12 PROJECTS.

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

14 amended by adding at the end the following:

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

16 SEC. 308. CONTRACTING FOR ENGINEERING AND DESIGN

17 SERVICES.

18 Section 5325 of title 49, United States Code, is amend19 ed by adding at the end the following:

20 ‘‘(e) SPECIAL RULES FOR ENGINEERING AND DESIGN

21 CONTRACTS.—

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

23 or subcontract awarded in accordance with subsection

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

25 transit funds, shall be performed and audited in com-
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1 pliance with cost principles contained in the Federal

2 acquisition regulations of part 31 of title 48 of the

3 Code of Federal Regulations.

4 ‘‘(2) INDIRECT COST RATES.—Instead of per5 forming its own audits, a recipient of funds under a

6 contract or subcontract awarded in accordance with

7 subsection (d) shall accept indirect cost rates estab8 lished in accordance with the Federal acquisition reg9 ulations for 1-year applicable accounting periods by

10 a cognizant Federal or State government agency, if

11 such rates are not currently under dispute. Once a

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

13 such funds shall apply such rates for the purposes of

14 contract estimation, negotiation, administration, re15 porting, and contract payment and shall not be lim16 ited by administrative or de facto ceilings of any

17 kind. A recipient of such funds requesting or using

18 the cost and rate data described in this paragraph

19 shall notify any affected firm before such request or

20 use. Such data shall be confidential and shall not be

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

22 firm or to any government agency which is not part

23 of the group of agencies sharing cost data under this

24 paragraph, except by written permission of the au-
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1 dited firm. If prohibited by law, such cost and rate

2 data shall not be disclosed under any circumstances.

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

4 shall take effect 2 years after the date of the enact5 ment of this subsection with respect to all States; ex6 cept that if a State, during such 2-year period, adopts

7 by statute an alternative process intended to promote

8 engineering and design quality and ensure maximum

9 competition by professional companies of all sizes

10 providing engineering and design services, such para11 graphs shall not apply with respect to such State.’’.

12 SEC. 309. FERRY BOATS AND TERMINAL FACILITIES.

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

14 amended—

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

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

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

18 and

19 (2) in the second sentence by inserting after

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

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

22 SEC. 310. UTILIZATION OF THE PRIVATE SECTOR FOR SUR23 VEYING AND MAPPING SERVICES.

24 Section 306 of title 23, United States Code, is amend25 ed—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

2 ‘‘In’’; and

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

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

5 to encourage States to utilize, to the maximum extent prac6 ticable, private sector sources for surveying and mapping

7 services for highway projects under this title. In carrying

8 out this subsection, the Secretary shall determine appro9 priate roles for State and private mapping and surveying

10 activities, including—

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

12 ‘‘(2) research in surveying and mapping instru13 mentation and procedures and technology transfer to

14 the private sector;

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

16 and administration of State surveying and mapping

17 activities; and

18 ‘‘(4) establishing a schedule with quantifiable

19 goals for increasing the use by the States of private

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

21 SEC. 311. FORMULA GRANT PROGRAM.

22 (a) TRANSIT SECURITY SYSTEMS.—Section

23 5307(d)(1)(J)(i) of title 49, United States Code, is amended

24 by inserting before ‘‘and any other’’ the following: ‘‘employ-
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1 ing law enforcement or security personnel in areas within

2 or adjacent to such systems,’’.

3 (b) FERRYBOAT OPERATIONS.—For purposes of cal4 culating apportionments under section 5336 of title 49,

5 United States Code, for fiscal years beginning after Septem6 ber 30, 1995, 50 percent of the ferryboat revenue vehicle

7 miles and 50 percent of the ferryboat route miles attrib8 utable to service provided to the city of Avalon, California,

9 for which the operator receives public assistance shall be

10 included in the calculation of ‘‘fixed guideway vehicle reve11 nue miles’’ and ‘‘fixed guideway route miles’’ attributable

12 to the Los Angeles urbanized area under sections

13 5336(b)(2)(A) and 5335 of such title.

14 SEC. 312. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO IN15 DIVIDUALS WITH DISABILITIES.

16 Section 306(a)(2)(B)(iii) of the Americans With Dis17 abilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is

18 amended—

19 (1) in subclause (I) by striking ‘‘7 years after the

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

21 years after the date of issuance of final regulations

22 under subparagraph (B)(ii)’’; and

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

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

25 the date of issuance of such final regulations’’.
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1 SEC. 313. ALASKA RAILROAD.

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

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

4 Railroad is eligible for assistance under this subparagraph

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

6 SEC. 314. ALCOHOL AND CONTROLLED SUBSTANCES

7 TESTING.

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

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

10 follows:

11 ‘‘(b) TESTING PROGRAM FOR MASS TRANSPORTATION

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

13 safety, the Secretary shall prescribe regulations that estab14 lish a program requiring mass transportation operations

15 that receive financial assistance under section 5307, 5309,

16 or 5311 of this title or section 103(e)(4) of title 23 to con17 duct preemployment, reasonable suspicion, random, and

18 post-accident testing of mass transportation employees re19 sponsible for safety-sensitive functions (as decided by the

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

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

22 conduct reasonable suspicion, random, and post-accident

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

24 of law or a United States Government regulation. The regu25 lations shall permit such operations to conduct
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1 preemployment testing of such employees for the use of

2 alcohol.’’.

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

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

5 ‘‘(A) a railroad carrier to conduct

6 preemployment, reasonable suspicion, random, and

7 post-accident testing of all railroad employees respon8 sible for safety-sensitive functions (as decided by the

9 Secretary) for the use of a controlled substance in vio10 lation of law or a United States Government regula11 tion, and to conduct reasonable suspicion, random,

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

13 of alcohol in violation of law or a United States Gov14 ernment regulation; the regulations shall permit such

15 railroad carriers to conduct preemployment testing of

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

17 (c) MOTOR CARRIER TESTING.—Section

18 31306(b)(1)(A) of such title is amended to read as follows:

19 ‘‘(b) TESTING PROGRAM FOR OPERATORS OF COMMER20 CIAL MOTOR VEHICLES.—(1)(A) In the interest of commer21 cial motor vehicle safety, the Secretary of Transportation

22 shall prescribe regulations that establish a program requir23 ing motor carriers to conduct preemployment, reasonable

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

25 of commercial motor vehicles for the use of controlled sub-
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1 stance in violation of law or a United States Government

2 regulation and to conduct reasonable suspicion, random,

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

4 alcohol in violation of law or a United States Government

5 regulation. The regulations shall permit such motor carriers

6 to conduct preemployment testing of such employees for the

7 use of alcohol.’’.

8 (d) AVIATION TESTING.—

9 (1) PROGRAM FOR EMPLOYEES OF AIR CARRIERS

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

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

12 follows:

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

14 AND FOREIGN AIR CARRIERS.—(1) In the interest of avia15 tion safety, the Administrator of the Federal Aviation Ad16 ministration shall prescribe regulations that establish a

17 program requiring air carriers and foreign air carriers to

18 conduct preemployment, reasonable suspicion, random, and

19 post-accident testing of airmen, crewmembers, airport secu20 rity screening contract personnel, and other air carrier em21 ployees responsible for safety-sensitive functions (as decided

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

23 in violation of law or a United States Government regula24 tion; and to conduct reasonable suspicion, random, and

25 post-accident testing of airmen, crewmembers, airport secu-
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1 rity screening contract personnel, and other air carrier em2 ployees responsible for safety-sensitive functions (as decided

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

4 of law or a United States Government regulation. The regu5 lations shall permit air carriers and foreign air carriers

6 to conduct preemployment testing of airmen, crewmembers,

7 airport security screening contract personnel, and other air

8 carrier employees responsible for safety-sensitive functions

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

10 (2) PROGRAM FOR EMPLOYEES OF THE FEDERAL

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

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

13 follows:

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

15 AVIATION ADMINISTRATION.—(1) The Administrator shall

16 establish a program of preemployment, reasonable sus17 picion, random, and post-accident testing for the use of a

18 controlled substance in violation of law or a United States

19 Government regulation for employees of the Administration

20 whose duties include responsibility for safety-sensitive func21 tions and shall establish a program of reasonable suspicion,

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

23 violation of law or a United States Government regulation

24 for such employees. The Administrator may establish a pro-
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1 gram of preemployment testing for the use of alcohol for

2 such employees.’’.

3 SEC. 315. ALCOHOL-IMPAIRED DRIVING COUNTER4 MEASURES.

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

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

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

8 18, 1991’’.

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

10 such title is further amended—

11 (1) in paragraph (3)—

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

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

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

15 requirement of this paragraph if—

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

17 written certification that the highest court of the

18 State has issued a decision indicating that im19 plementation of subparagraph (A) would con20 stitute a violation of the constitution of the

21 State; and

22 ‘‘(ii) the State demonstrates to the satisfac23 tion of the Secretary—

24 ‘‘(I) that the alcohol fatal crash in25 volvement rate in the State has decreased in
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1 each of the 3 most recent calendar years for

2 which statistics for determining such rate

3 are available; and

4 ‘‘(II) that the alcohol fatal crash in5 volvement rate in the State has been lower

6 than the average such rate for all States in

7 each of such calendar years.’’; and

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

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

10 alcohol concentration of 0.02 percent or greater when

11 driving a motor vehicle shall be deemed to be driving

12 while intoxicated.’’.

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

14 title is amended by striking paragraph (1) and redesignat15 ing paragraphs (2) through (7) as paragraphs (1) through

16 (6), respectively.

17 SEC. 316. SAFETY RESEARCH INITIATIVES.

18 (a) OLDER DRIVERS AND OTHER SPECIAL DRIVER

19 GROUPS.—

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

21 of technologies and practices to improve the driving

22 performance of older drivers and other special driver

23 groups.

24 (2) DEMONSTRATION ACTIVITIES.—In conducting

25 the study under paragraph (1), the Secretary shall
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1 undertake demonstration activities which incorporate

2 and build upon gerontology research related to the

3 study of the normal aging process. The Secretary

4 shall initially implement such activities in those

5 States which have the highest population of aging

6 citizens for whom driving a motor vehicle is their pri7 mary mobility mode.

8 (3) COOPERATIVE AGREEMENT.—The Secretary

9 shall carry out the study under paragraph (1) by en10 tering into a cooperative agreement with an institu11 tion that has demonstrated competencies in geronto12 logical research, population demographics, human

13 factors related to transportation, and advanced tech14 nology applied to transportation.

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

16 zone safety program under section 1051 of the Intermodal

17 Surface Transportation Efficiency Act of 1991, the Sec18 retary shall utilize a variety of methods to increase safety

19 at highway construction sites, including each of the follow20 ing:

21 (1) Conferences to explore new techniques and

22 stimulate dialogue for improving work zone safety.

23 (2) Creation of a national clearinghouse to as24 semble and disseminate, by electronic and other
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1 means, information relating to the improvement of

2 work zone safety.

3 (3) A national promotional campaign in co4 operation with the States to provide timely, site-spe5 cific information to motorists when construction

6 workers are actually present.

7 (c) RADIO AND MICROWAVE TECHNOLOGY FOR MOTOR

8 VEHICLE SAFETY WARNING SYSTEM.—

9 (1) STUDY.—The Secretary, in consultation with

10 the Federal Communications Commission and the Na11 tional Telecommunications and Information Admin12 istration, shall conduct a study to develop and evalu13 ate radio and microwave technology for a motor vehi14 cle safety warning system in furtherance of safety in

15 all types of motor vehicles.

16 (2) EQUIPMENT.—Equipment developed under

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

18 be directed toward, but not limited to, advance warn19 ing to operators of all types of motor vehicles of—

20 (A) temporary obstructions in a highway;

21 (B) poor visibility and highway surface

22 conditions caused by adverse weather; and

23 (C) movement of emergency vehicles.

24 (3) SAFETY APPLICATIONS.—In conducting the

25 study under paragraph (1), the Secretary shall deter-
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1 mine whether the technology described in this sub2 section has other appropriate safety applications.

3 SEC. 317. PUBLIC TRANSIT VEHICLES EXEMPTION.

4 Section 1023(h)(1) of the Intermodal Surface Trans5 portation Efficiency Act of 1991 (23 U.S.C. 127 note) is

6 amended—

7 (1) by striking ‘‘2-year’’ the first place it ap8 pears and all that follows through ‘‘Act,’’ and insert9 ing ‘‘period beginning on October 6, 1992, and ending

10 on the date on which Federal-aid highway and tran11 sit programs are reauthorized after the date of the en12 actment of the National Highway System Designation

13 Act of 1995,’’; and

14 (2) by striking the second sentence.

15 SEC. 318. CONGESTION MITIGATION AND AIR QUALITY IM16 PROVEMENT PROGRAM.

17 (a) AREAS ELIGIBLE FOR FUNDS.—

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

19 149(b) of title 23, United States Code, is amended—

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

21 is for an area in the State that was designated

22 as a nonattainment area under section 107(d) of

23 the Clean Air Act (42 U.S.C. 7407(d)) during

24 any part of fiscal year 1994 and’’ after ‘‘pro25 gram’’ the 2nd place it appears; and
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1 (B) in paragraph (1)(A) by striking ‘‘con2 tribute’’ and all that follows through ‘‘; or’’ and

3 inserting the following: ‘‘contribute to—

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

5 air quality standard; or

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

7 air quality standard in an area that was des8 ignated as a nonattainment area but that was

9 later redesignated by the Administrator of the

10 Environmental Protection Agency as an attain11 ment area under section 107(d) of the Clean Air

12 Act (42 U.S.C. 7407(d)); or’’.

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

14 23, United States Code, is amended—

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

16 a nonattainment area (as defined in the Clean

17 Air Act) for ozone’’ and inserting ‘‘was a non18 attainment area (as defined in section 171(2) of

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

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

21 (B) in the third sentence—

22 (i) by striking ‘‘is also’’ and inserting

23 ‘‘was also’’; and

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

25 fiscal year 1994’’ after ‘‘monoxide’’.
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1 (b) EFFECT OF LIMITATION ON APPORTIONMENT.—

2 Notwithstanding any other provision of law, for each of fis3 cal years 1996 and 1997, any limitation under an amend4 ment made by this section on an apportionment of funds

5 otherwise authorized under section 1003(a)(4) of the Inter6 modal Surface Transportation Efficiency Act of 1991 (105

7 Stat. 1919) shall not affect any hold harmless apportion8 ment adjustment under section 1015(a) of such Act (105

9 Stat. 1943).

10 SEC. 319. QUALITY IMPROVEMENT.

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

12 23, United States Code, is amended by adding at the end

13 the following:

14 ‘‘(e) LIFE-CYCLE COST ANALYSIS.—

15 ‘‘(1) ESTABLISHMENT.—The Secretary shall es16 tablish a program to require States to conduct an

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

18 National Highway System with an estimated total

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

20 ‘‘(2) ANALYSIS OF LIFE-CYCLE COSTS DE21 FINED.—In this subsection, the term ‘analysis of life22 cycle costs’ means a process for evaluating the total

23 economic worth of one or more projects by analyzing

24 both initial costs as well as discounted future costs,

25 such as maintenance, reconstruction, rehabilitation,
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1 restoring, and resurfacing costs, over the life of the

2 project or projects.’’.

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

4 amended by adding at the end the following:

5 ‘‘(f) VALUE ENGINEERING FOR NHS.—

6 ‘‘(1) REQUIREMENT.—The Secretary shall estab7 lish a program to require States to carry out a value

8 engineering analysis for all projects on the National

9 Highway System with an estimated total cost of

10 $25,000,000 or more.

11 ‘‘(2) VALUE ENGINEERING DEFINED.—For pur12 poses of this subsection, the term ‘value engineering

13 analysis’ means a systematic process of review and

14 analysis of a project or activity during its design

15 phase by a multidisciplined team of persons not origi16 nally involved in the project or activity in order to

17 provide suggestions for reducing the total cost of the

18 project or activity and providing a project or activity

19 of equal or better quality. Such suggestions may in20 clude a combination or elimination of inefficient or

21 expensive parts of the original proposed design for the

22 project or activity and total redesign of the proposed

23 project or activity using different technologies, mate24 rials, or methods so as to accomplish the original pur25 pose of the project or activity.’’.
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1 SEC. 320. APPLICABILITY OF TRANSPORTATION CONFORM2 ITY REQUIREMENTS.

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

4 23, United States Code, is amended by striking ‘‘plan for

5 the implementation of any ambient air quality standard

6 for any air quality control region designated pursuant to

7 the Clean Air Act, as amended.’’ and inserting the follow8 ing: ‘‘plan for—

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

10 air quality standard for which an area is designated

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

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

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

14 quality standard in an area that was designated as

15 a nonattainment area but that was later redesignated

16 by the Administrator as an attainment area for the

17 standard and that is required to develop a mainte18 nance plan under section 175A of the Clean Air Act

19 (42 U.S.C. 7505a).’’.

20 (b) CLEAN AIR ACT REQUIREMENTS.—Section 176(c)

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

22 adding at the end the following:

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

24 apply only with respect to—
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1 ‘‘(A) a nonattainment area and each spe2 cific pollutant for which the area is designated

3 as a nonattainment area; and

4 ‘‘(B) an area that was designated as a non5 attainment area but that was later redesignated

6 by the Administrator as an attainment area and

7 that is required to develop a maintenance plan

8 under section 175A with respect to the specific

9 pollutant for which the area was designated non10 attainment.’’.

11 SEC. 321. QUALITY THROUGH COMPETITION.

12 (a) CONTRACTING FOR ENGINEERING AND DESIGN

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

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

15 subparagraphs:

16 ‘‘(C) PERFORMANCE AND AUDITS.—Any

17 contract or subcontract awarded in accordance

18 with subparagraph (A), whether funded in whole

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

20 be performed and audited in compliance with

21 cost principles contained in the Federal acquisi22 tion regulations of part 31 of title 48 of the Code

23 of Federal Regulations.

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

25 performing its own audits, a recipient of funds
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1 under a contract or subcontract awarded in ac2 cordance with subparagraph (A) shall accept in3 direct cost rates established in accordance with

4 the Federal acquisition regulations for 1-year

5 applicable accounting periods by a cognizant

6 Federal or State government agency, if such

7 rates are not currently under dispute. Once a

8 firm’s indirect cost rates are accepted, the recipi9 ent of such funds shall apply such rates for the

10 purposes of contract estimation, negotiation, ad11 ministration, reporting, and contract payment

12 and shall not be limited by administrative or de

13 facto ceilings of any kind. A recipient of such

14 funds requesting or using the cost and rate data

15 described in this subparagraph shall notify any

16 affected firm before such request or use. Such

17 data shall be confidential and shall not be acces18 sible or provided, in whole or in part, to another

19 firm or to any government agency which is not

20 part of the group of agencies sharing cost data

21 under this subparagraph, except by written per22 mission of the audited firm. If prohibited by law,

23 such cost and rate data shall not be disclosed

24 under any circumstances.
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1 ‘‘(E) STATE OPTION.—Subparagraphs (C)

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

3 of the enactment of this subparagraph with re4 spect to all States; except that if a State, during

5 such 2-year period, adopts by statute an alter6 native process intended to promote engineering

7 and design quality and ensure maximum com8 petition by professional companies of all sizes

9 providing engineering and design services, such

10 subparagraphs shall not apply with respect to

11 such State.’’.

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

13 Intermodal Surface Transportation Efficiency Act of 1991

14 (23 U.S.C. 112 note; 105 Stat. 2024) is repealed.

15 SEC. 322. APPLICABILITY OF CERTAIN VEHICLE WEIGHT

16 LIMITATIONS IN WISCONSIN.

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

18 by adding at the end the following:

19 ‘‘(f) OPERATION OF CERTAIN SPECIALIZED HAULING

20 VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.—If the

21 104-mile portion of Wisconsin State Route 78 and United

22 States Route 51 between Interstate Route 94 near Portage,

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

24 Wisconsin, is designated as part of the Interstate System

25 under section 139(a), the single axle weight, tandem axle
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1 weight, gross vehicle weight, and bridge formula limits set

2 forth in subsection (a) shall not apply to the 104-mile por3 tion with respect to the operation of any vehicle that could

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

5 enactment of this subsection.’’.

6 SEC. 323. TREATMENT OF CENTENNIAL BRIDGE, ROCK IS7 LAND, ILLINOIS, AGREEMENT.

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

9 States Code, the agreement concerning the Centennial

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

11 entitled ‘‘An Act authorizing the city of Rock Island, Illi12 nois, or its assigns, to construct, maintain, and operate a

13 toll bridge across the Mississippi River at or near Rock Is14 land, Illinois, and to a place at or near the city of Dav15 enport, Iowa’’, approved March 18, 1938 (52 Stat. 110,

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

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

18 Code, as in effect on December 17, 1991, and may be modi19 fied in accordance with section 129(a)(6) of the title.

20 SEC. 324. METRIC REQUIREMENTS AND SIGNS.

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

22 1997, the Secretary may not require the States to expend

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

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

25 other measurement on any highway for the purpose of hav-
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1 ing such sign establish such speed limit, distance, or other

2 measurement using the metric system.

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

4 1997, the Secretary may not require the States to expend

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

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

7 highway for the purpose of having such sign establish such

8 speed limit, distance, or measurement using the metric

9 system.

10 (c) DEFINITIONS.—In this section, the following defi11 nitions apply:

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

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

14 United States Code.

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

16 has the meaning the term ‘‘metric system of measure17 ment’’ has under section 4 of the Metric Conversion

18 Act of 1975 (15 U.S.C. 205c).

19 SEC. 325. ISTEA TECHNICAL CLARIFICATION.

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

21 amended by striking the period at the end of the first sen22 tence and inserting the following: ‘‘; except that nothing in

23 this subsection or section 1047 of the Intermodal Surface

24 Transportation Efficiency Act of 1991 shall restrict, or oth25 erwise be applied by the Secretary to affect, the authority
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1 of a State under subsection (d) of this section with respect

2 to commercial or industrial areas or the authority of a

3 State under subsection (k) of this section to establish stand4 ards imposing stricter limitations than those established in

5 this subsection.’’.

6 SEC. 326. METROPOLITAN PLANNING FOR HIGHWAY

7 PROJECTS.

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

9 amended by adding at the end the following:

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

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

12 PROJECTS.

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

14 amended by adding at the end the following: ‘‘Any non15 Federal funds expended for the seismic retrofit of the bridge

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

17 a condition of receipt of any Federal funds for seismic retro18 fit of the bridge made available after the date of the expendi19 ture.’’.

20 SEC. 328. DISCOVERY AND ADMISSION AS EVIDENCE OF

21 CERTAIN REPORTS AND SURVEYS.

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

23 by inserting ‘‘or collected’’ after ‘‘compiled’’.
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1 SEC. 329. NATIONAL RECREATIONAL TRAILS.

2 (a) STATE ELIGIBILITY.—Section 1302(c) of the Inter3 modal Surface Transportation Efficiency Act of 1991 (33

4 U.S.C. 1261(c)) is amended—

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

6 inserting ‘‘part’’;

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

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

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

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

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

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

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

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

15 agrees to expend from non-Federal sources for carry16 ing out projects under this part an amount equal to

17 20 percent of the amount received by the State under

18 this part in such fiscal year.’’.

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

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

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (C);

23 (2) by redesignating subparagraph (D) as sub24 paragraph (E); and

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

26 following:
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1 ‘‘(D) contracting for services with other

2 land management agencies; and’’.

3 (c) ENVIRONMENTAL MITIGATION.—

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

5 (33 U.S.C. 1261(e)) is amended—

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

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

8 respectively; and

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

10 following:

11 ‘‘(5) ENVIRONMENTAL MITIGATION.—

12 ‘‘(A) REQUIREMENT.—To the extent prac13 ticable and consistent with other requirements of

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

15 State shall give priority to project proposals

16 which provide for the redesign, reconstruction,

17 nonroutine maintenance, or relocation of trails

18 in order to mitigate and minimize the impact to

19 the natural environment.

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

21 guidance for determining compliance with sub22 paragraph (A) from the recreational trail advi23 sory board satisfying the requirements of sub24 section (c)(2)(A).’’.
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1 (2) CONFORMING AMENDMENT.—Section

2 1302(e)(4) of such Act (33 U.S.C. 1261(e)(4)) is

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

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

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

6 redesignated by subsection (c), is amended—

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

8 ’’ and inserting the following:

9 ‘‘(7) EXCLUSIONS.—

10 ‘‘(A) SMALL STATE.—’’;

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

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

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

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

15 State which determines based on trail needs

16 identified in its State Comprehensive Outdoor

17 Recreation Plan that it is in the best interest of

18 the State to be exempt from the requirements of

19 paragraph (4) may apply to the Secretary for

20 such an exemption. Before approving or dis21 approving an application for such an exemption,

22 the Secretary shall publish in the Federal Reg23 ister notice of receipt of the application and pro24 vide an opportunity for public comment on the

25 application.’’.
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1 (e) RETURN OF MONEYS NOT EXPENDED.—Section

2 1302(e)(9) of such Act, as redesignated by subsection (c),

3 is amended—

4 (1) by inserting ‘‘the State’’ before ‘‘may be ex5 empted’’; and

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

7 and all that follows before the period.

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

9 Act (16 U.S.C. 1262(b)) is amended—

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

11 members’’;

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

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

14 (3) by inserting after paragraph (1) the follow15 ing:

16 ‘‘(2) 1 member appointed by the Secretary rep17 resenting individuals with disabilities;’’.

18 SEC. 330. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.

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

20 Surface Transportation Efficiency Act of 1991 (105 Stat.

21 2032) is amended—

22 (1) by striking paragraph (5) and inserting the

23 following:

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

25 Charleston, South Carolina, through Winston-Salem,
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1 North Carolina, to Portsmouth, Ohio, to Cincinnati,

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

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

4 be reached via a corridor connecting Adrian, Jackson,

5 Lansing, Mount Pleasant, and Grayling, Michigan.

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

7 Corridor shall generally follow—

8 ‘‘(I) United States Route 220 from the Vir9 ginia-North Carolina border to I–581 south of

10 Roanoke;

11 ‘‘(II) I–581 to I–81 in the vicinity of Roa12 noke;

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

14 demonstrate intelligent transportation systems

15 authorized by item 29 of the table in section

16 1107(b) in the vicinity of Christiansburg to

17 United States Route 460 in the vicinity of

18 Blacksburg; and

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

20 Virginia State line.

21 ‘‘(ii) In the States of West Virginia, Kentucky,

22 and Ohio, the Corridor shall generally follow—

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

24 Virginia State line to United States Route 52 at

25 Bluefield, West Virginia; and
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1 ‘‘(II) United States Route 52 to United

2 States Route 23 at Portsmouth, Ohio.

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

4 Carolina, the Corridor shall generally follow—

5 ‘‘(I) in the case of I–73—

6 ‘‘(aa) United States Route 220 from

7 the Virginia State line to State Route 68 in

8 the vicinity of Greensboro;

9 ‘‘(bb) State Route 68 to I–40;

10 ‘‘(cc) I–40 to United States Route 220

11 in Greensboro;

12 ‘‘(dd) United States Route 220 to

13 United States Route 1 near Rockingham;

14 ‘‘(ee) United States Route 1 to the

15 South Carolina State line; and

16 ‘‘(ff) South Carolina State line to

17 Charleston, South Carolina; and

18 ‘‘(II) in the case of I–74—

19 ‘‘(aa) I–77 from Bluefield, West Vir20 ginia, to the junction of I–77 and the

21 United States Route 52 connector in Surry

22 County, North Carolina;

23 ‘‘(bb) the I–77/United States Route 52

24 connector to United States Route 52 south

25 of Mount Airy, North Carolina;
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1 ‘‘(cc) United States Route 52 to United

2 States Route 311 in Winston-Salem, North

3 Carolina;

4 ‘‘(dd) United States Route 311 to

5 United States Route 220 in the vicinity of

6 Randleman, North Carolina.

7 ‘‘(ee) United States Route 220 to

8 United States Route 74 near Rockingham;

9 ‘‘(ff) United States Route 74 to United

10 States Route 76 near Whiteville;

11 ‘‘(gg) United States Route 74/76 to the

12 South Carolina State line in Brunswick

13 County; and

14 ‘‘(hh) South Carolina State line to

15 Charleston, South Carolina.’’;

16 (2) in paragraph (18)—

17 (A) by striking ‘‘and’’;

18 (B) by inserting ‘‘Mississippi, Arkansas,’’

19 after ‘‘Tennessee,’’; and

20 (C) by inserting before the period at the end

21 the following: ‘‘, and to the Lower Rio Grande

22 Valley at the border between the United States

23 and Mexico’’;

24 (3) by inserting before the period at the end of

25 paragraph (18) the following: ‘‘, and to include the
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1 Corpus Christi Northside Highway and Rail Corridor

2 from the existing intersection of United States Route

3 77 and Interstate Route 37 to United States Route

4 181’’; and

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

6 ‘‘(22) The Alameda Transportation Corridor

7 along Alameda Street from the entrance to the ports

8 of Los Angeles and Long Beach to Interstate 10, Los

9 Angeles, California.

10 ‘‘(23) The Interstate Route 35 Corridor from La11 redo, Texas, through Oklahoma City, Oklahoma, to

12 Wichita, Kansas, to Kansas City, Kansas/Missouri, to

13 Des Moines, Iowa, to Minneapolis, Minnesota, to Du14 luth, Minnesota.

15 ‘‘(24) The Dalton Highway from Deadhorse,

16 Alaska to Fairbanks, Alaska.

17 ‘‘(25) State Route 168 (South Battlefield Boule18 vard), Virginia, from the Great Bridge Bypass to the

19 North Carolina State line.

20 ‘‘(26) The CANNAMEX CORRIDOR from

21 Nogales, Arizona, through Las Vegas, Nevada, to Salt

22 Lake City, Utah, to Idaho Falls, Idaho, to Great

23 Falls, Montana, to the Canadian Border as follows:

24 ‘‘(A) In the State of Arizona, the

25 CANAMEX CORRIDOR shall generally follow—
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1 ‘‘(i) I–19 from Nogales to Tucson;

2 ‘‘(ii) I–10 from Tucson to Phoenix;

3 and

4 ‘‘(iii) United States Route 93 from

5 Phoenix to the Nevada Border.

6 ‘‘(B) In the State of Nevada, the

7 CANAMEX CORRIDOR shall follow—

8 ‘‘(i) United States Route 93 from the

9 Arizona Border to Las Vegas; and

10 ‘‘(ii) I–15 from Las Vegas to the Utah

11 Border.

12 ‘‘(C) From the Utah Border to the Cana13 dian Border, the CANAMEX CORRIDOR shall

14 follow I–15.

15 ‘‘(27) The Camino Real Corridor from El Paso,

16 Texas, to Denver, Colorado, as follows:

17 ‘‘(A) In the State of Texas, the Camino Real

18 Corridor shall generally follow—

19 ‘‘(i) arterials from the international

20 ports of entry to I–10 in El Paso County;

21 and

22 ‘‘(ii) I–10 from El Paso County to the

23 New Mexico border.

24 ‘‘(B) In the State of New Mexico, the Ca25 mino Real Corridor shall generally follow—
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1 ‘‘(i) I–10 from the Texas Border to Las

2 Cruces; and

3 ‘‘(ii) I–25 from Las Cruces to the Colo4 rado Border.

5 ‘‘(C) In the State of Colorado, the Camino

6 Real Corridor shall generally follow I–25 from

7 the New Mexico Border to Denver.’’.

8 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

9 INTERSTATE SYSTEM.—Section 1105(e) of such Act (105

10 Stat. 2033) is amended by adding at the end the following:

11 ‘‘(5) INCLUSION OF CERTAIN ROUTE SEGMENTS

12 ON INTERSTATE SYSTEM.—Where not a part of the

13 Interstate System, the routes referred to in clauses (i),

14 (ii), and (iii) of subsection (c)(5)(B) (other than the

15 portion located in the State of West Virginia), in sub16 section (c)(9), and in subsections (c)(18) and (c)(20)

17 are hereby designated future parts of the Interstate

18 System. Any segment of such routes shall become a

19 part of the Interstate System at such time as the Sec20 retary determines that the segment—

21 ‘‘(A) meets the Interstate System design

22 standards approved by the Secretary under sec23 tion 109(b) of title 23, United States Code; and
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1 ‘‘(B) connects to an existing Interstate Sys2 tem segment and functions as a safe and usable

3 segment.’’.

4 SEC. 331. HIGH PRIORITY CORRIDOR FEASIBILITY STUDIES.

5 (a) EVACUATION ROUTES FOR LOUISIANA COASTAL

6 AREAS.—Section 1105(e)(2) of the Intermodal Surface

7 Transportation Efficiency Act of 1991 (105 Stat. 2033) is

8 amended by adding at the end the following new sentence:

9 ‘‘A feasibility study may be conducted under this subsection

10 to identify routes that will expedite future emergency evacu11 ations of coastal areas of Louisiana.’’.

12 (b) EAST-WEST TRANSAMERICA CORRIDOR.—With

13 amounts available to the Secretary under section 1105(h)

14 of the Intermodal Surface Transportation Efficiency Act of

15 1991, the Secretary in cooperation with the States of Vir16 ginia and West Virginia shall conduct a study to determine

17 the feasibility of establishing a route for the East-West

18 Transamerica Corridor (designated pursuant to section

19 1105(c)(3) of such Act) from Beckley, West Virginia, utiliz20 ing a corridor entering Virginia near the city of Covington

21 then moving south from the Allegheny Highlands to serve

22 Roanoke and continuing east to Lynchburg. From there

23 such route would continue across Virginia to the Hampton

24 Roads-Norfolk area.
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1 SEC. 332. HIGH COST BRIDGE PROJECTS.

2 The table contained in section 1103(b) of the Inter3 modal Surface Transportation Efficiency Act of 1991 (105

4 Stat. 2027–2028) is amended—

5 (1) in item number 5, relating to Gloucester

6 Point, Virginia, by inserting after ‘‘York River’’ the

7 following: ‘‘and for repair, strengthening, and reha8 bilitation of the existing bridge’’; and

9 (2) in item number 10, relating to Shakopee,

10 Minnesota, by inserting ‘‘project, including the bypass

11 of’’ after ‘‘replacement’’.

12 SEC. 333. CONGESTION RELIEF PROJECTS.

13 The table contained in section 1104(b) of the Inter14 modal Surface Transportation Efficiency Act of 1991 (105

15 Stat. 2029–2031) is amended—

16 (1) in item number 1, relating to Long Beach,

17 California, by striking ‘‘HOV Lanes on’’ and insert18 ing ‘‘downtown Long Beach access ramps into the

19 southern terminus of’’;

20 (2) in item number 10, relating to San Diego,

21 California, by striking ‘‘1 block of Cut and Cover

22 Tunnel on Rt. 15’’ and inserting ‘‘bridge decking on

23 Route 15’’;

24 (3) in item number 23, relating to Tucson, Ari25 zona, by inserting ‘‘, of which a total of $3,609,620

26 shall be available for the project authorized by item
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1 number 74 of the table contained in section 1106(b)’’

2 after ‘‘in Tuscon, Arizona’’; and

3 (4) in item number 43, relating to West Vir4 ginia, by striking ‘‘Coal Fields’’ and inserting ‘‘Coal5 fields’’.

6 SEC. 334. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH7 WAY SYSTEM.

8 Section 1105(c)(3) of the Intermodal Surface Trans9 portation Efficiency Act of 1991 (105 Stat. 2032) is amend10 ed by inserting before the period at the end the following:

11 ‘‘commencing on the Atlantic Coast in the Hampton Roads12 Norfolk area going westward across Virginia to a West Vir13 ginia corridor centered around Beckley to Welch as part

14 of the Coalfields Expressway described in section 1069(v),

15 then to Williamson sharing a common corridor with the

16 I–73/74 Corridor (referred to in item 12 of the table con17 tained in subsection (f)), then to a Kentucky Corridor cen18 tered on the cities of Pikeville, Jenkins, Hazard, London,

19 Somerset, Columbia, Bowling Green, Hopkinsville, Benton,

20 and Paducah, into Illinois, and into Missouri and exiting

21 Western Missouri and entering the southeast corner of

22 Kansas’’.
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1 SEC. 335. HIGH PRIORITY CORRIDOR PROJECTS.

2 The table contained in section 1105(f) of the Inter3 modal Surface Transportation Efficiency Act of 1991 (105

4 Stat. 2033–2035) is amended—

5 (1) in item 1, relating to Pennsylvania, by in6 serting after ‘‘For’’ the following: ‘‘the segment de7 scribed in item 6 of this table and up to $11,000,000

8 for’’;

9 (2) in item 2, relating to Alabama, Georgia,

10 Mississippi, Tennessee, by inserting after ‘‘Rt. 72’’ the

11 following: ‘‘and up to $1,500,000 from the State of

12 Alabama’s share of the project for modification of the

13 Keller Memorial Bridge in Decatur, Alabama, to a

14 pedestrian structure’’; and

15 (3) in item number 26, relating to Indiana,

16 Kentucky, Tennessee, by striking ‘‘Newberry’’ and in17 serting ‘‘Evansville’’.

18 SEC. 336. RURAL ACCESS PROJECTS.

19 The table contained in section 1106(a)(2) of the Inter20 modal Surface Transportation Efficiency Act of 1991 (105

21 Stat. 2037–2042) is amended—

22 (1) in item number 34, relating to Illinois, by

23 striking ‘‘Resurfacing’’ and all that follows through

24 ‘‘Omaha’’ and inserting ‘‘Bel-Air Road improvement

25 from south of Carmi to State Route 141 in southeast26 ern White County’’;
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1 (2) in item number 52, relating to Bedford

2 Springs, Pennsylvania, by striking ‘‘and Hunting3 ton’’ and inserting ‘‘Franklin, and Huntingdon’’;

4 (3) in item number 61, relating to Lubbock,

5 Texas, by striking ‘‘with Interstate 20’’ and inserting

6 ‘‘with Interstate 10 through Interstate 20 and Inter7 state 27 north of Amarillo to the Texas/Oklahoma

8 border’’;

9 (4) in item number 71, relating to Chautauqua

10 County, New York, by inserting ‘‘and other improve11 ments’’ after ‘‘expressway lanes’’;

12 (5) in item number 75, relating to Pennsylvania,

13 by striking ‘‘Widen’’ and all that follows through

14 ‘‘lanes’’ and inserting ‘‘Road improvements on a 14-

15 mile segment of U.S. Route 15 in Lycoming County,

16 Pennsylvania’’;

17 (6) in item number 93, relating to New Mexico,

18 by striking ‘‘Raton-Clayton Rd., Clayton, New Mex19 ico’’ and inserting ‘‘U.S. Rt. 64/87 from Raton, New

20 Mexico, through Clayton to the Texas-New Mexico

21 State line’’; and

22 (7) in item number 111, relating to Parker

23 County, Texas (SH199)—

24 (A) by striking ‘‘Parker County’’ and in25 serting ‘‘Parker and Tarrant Counties’’; and
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1 (B) by striking ‘‘to four-’’ and inserting ‘‘in

2 Tarrant County, to freeway standards and in

3 Parker County to a 4-’’.

4 SEC. 337. URBAN ACCESS AND MOBILITY PROJECTS.

5 The table contained in section 1106(b)(2) of the Inter6 modal Surface Transportation Efficiency Act of 1991 (105

7 Stat. 2043–2047) is amended—

8 (1) in item number (9), relating to New York,

9 New York, by striking ‘‘Improvements’’ and all that

10 follows through ‘‘NY’’ and inserting ‘‘Projects in New

11 York City, New York (other than improvements to the

12 Miller Highway)’’;

13 (2) in item number 13, relating to Joliet, Illi14 nois, by striking ‘‘and construction and interchange

15 at Houbolt Road and I–80’’;

16 (3) in item number 36, relating to Compton,

17 California, by striking ‘‘For a grade’’ and all that fol18 lows through ‘‘Corridor’’ and inserting ‘‘For grade

19 separations and other improvements in the city of

20 Compton, California’’; and

21 (4) in item number 52, relating to Chicago, Illi22 nois, by striking ‘‘Right-of-way’’ and all that follows

23 through ‘‘Connector)’’ and inserting ‘‘Reconstruct the

24 Michigan Avenue viaduct’’.
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1 SEC. 338. INNOVATIVE PROJECTS.

2 The table contained in section 1107(b) of the Inter3 modal Surface Transportation Efficiency Act of 1991 (105

4 Stat. 2048–2059) is amended—

5 (1) in item 19, relating to Water Street, Penn6 sylvania—

7 (A) by striking ‘‘Water Street,’’; and

8 (B) by inserting ‘‘, or other projects in the

9 counties of Bedford, Blair, Centre, Franklin, and

10 Huntingdon as selected by the State of Penn11 sylvania’’ after ‘‘Pennsylvania’’ the second place

12 it appears;

13 (2) in item 20, relating to Holidaysburg, Penn14 sylvania—

15 (A) by striking ‘‘Holidaysburg,’’ the first

16 place it appears; 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 (3) in item number 24, relating to Pennsylvania,

23 by inserting after ‘‘line’’ the following: ‘‘and for the

24 purchase, rehabilitation, and improvement of any

25 similar existing facility within a 150-mile radius of
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1 such project, as selected by the State of Pennsylva2 nia’’;

3 (4) in item number 29, relating to Blacksburg,

4 Virginia, by inserting ‘‘methods of facilitating public

5 and private participation in’’ after ‘‘demonstrate’’;

6 (5) in item number 35, relating to Alabama, by

7 striking ‘‘to bypass’’ and all that follows through ‘‘I–

8 85’’ and inserting ‘‘beginning on U.S. Route 80 west

9 of Montgomery, Alabama, and connecting to I–65

10 south of Montgomery and I–85 east of Montgomery’’;

11 (6) in item 49, relating to Suffolk County, New

12 York, by inserting after ‘‘perimeters’’ the following:

13 ‘‘and provide funds to the towns of Brookhaven,

14 Riverhead, Smithtown, East Hampton, Southold,

15 Shelter Island, and Southampton for the purchase of

16 vehicles to meet the transportation needs of the elderly

17 and persons with disabilities’’;

18 (7) in item number 52, relating to Pennsylvania,

19 by striking ‘‘2’’ and all that follows through ‘‘Penn20 sylvania’’ and inserting ‘‘or rehabilitate (or both)

21 highway and transportation infrastructure projects

22 within 30 miles of I–81 or I–80 in northeastern

23 Pennsylvania’’;

24 (8) in item number 61, relating to Mojave, Cali25 fornia, by striking ‘‘Mojave’’ and inserting
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1 ‘‘Victorville’’ and by inserting ‘‘Mojave’’ after ‘‘recon2 struct’’;

3 (9) in item number 68, relating to Portland/S.

4 Portland, Maine—

5 (A) by striking ‘‘Portland/S. Portland,’’;

6 and

7 (B) by inserting after ‘‘Bridge’’ the follow8 ing: ‘‘and improvements to the Carlton Bridge in

9 Bath-Woolworth’’;

10 (10) in item number 76, relating to Tennessee,

11 by inserting ‘‘Improved access to’’ before ‘‘I–81’’ and

12 striking ‘‘Interchange’’ and inserting after ‘‘Ten13 nessee’’ the following: ‘‘via improvements at I–181/

14 Eastern Star Road and I–81/Kendrick Creek Road’’;

15 (11) in item number 100, relating to Arkansas,

16 by striking ‘‘Thornton’’ and inserting ‘‘Little Rock’’;

17 (12) in item number 113, relating to Durham

18 County, North Carolina, by inserting after ‘‘Route

19 147’’ the following: ‘‘, including the interchange at I–

20 85’’;

21 (13) in item number 114, relating to Corpus

22 Christi to Angleton, Texas, by striking ‘‘Construct

23 new multi-lane freeway’’ and inserting ‘‘Construct a

24 4-lane divided highway’’;
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1 (14) in item number 193, relating to Corning,

2 New York, by inserting ‘‘and other improvements’’

3 after ‘‘expressway lanes’’; and

4 (15) in item 196, relating to Orlando, Florida—

5 (A) by striking ‘‘Orlando,’’; and

6 (B) by striking ‘‘Land’’ and all that follows

7 through ‘‘project’’ and inserting ‘‘One or more

8 regionally significant, intercity ground transpor9 tation projects’’.

10 SEC. 339. INTERMODAL PROJECTS.

11 The table contained in section 1108(b) of the Inter12 modal Surface Transportation Efficiency Act of 1991 (105

13 Stat. 2060–2063) is amended—

14 (1) in item number 12, relating to Buffalo, New

15 York, by inserting after ‘‘Project’’ the following: ‘‘and

16 the Crossroads Arena Project’’;

17 (2) in item number 31, relating to Los Angeles,

18 California, by striking ‘‘To improve ground access

19 from Sepulveda Blvd. to Los Angeles, California’’ and

20 inserting the following: ‘‘For the Los Angeles Inter21 national Airport central terminal ramp access

22 project, $3,500,000; for the widening of Aviation Bou23 levard south of Imperial Highway, $3,500,000; for the

24 widening of Aviation Boulevard north of Imperial

25 Highway, $1,000,000; and for transportation systems
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1 management improvements in the vicinity of the Se2 pulveda Boulevard/Los Angeles International Airport

3 tunnel, $950,000’’; and

4 (3) in item 33, relating to Orange County, New

5 York, strike ‘‘Stuart Airport Interchange Project’’ and

6 insert ‘‘Stewart Airport interchange projects’’.

7 SEC. 340. MISCELLANEOUS REVISIONS TO SURFACE TRANS8 PORTATION AND UNIFORM RELOCATION AS9 SISTANCE ACT OF 1987.

10 (a) CALIFORNIA.—Section 149(a)(69) of the Surface

11 Transportation and Uniform Relocation Assistance Act of

12 1987 (101 Stat. 191), relating to Burbank-Glendale-Pasa13 dena Airport, California, is amended—

14 (1) in the first sentence by striking ‘‘highway’’;

15 (2) in the first sentence by striking ‘‘and con16 struction of terminal and parking facilities at such

17 airport’’; and

18 (3) by striking ‘‘by making’’ in the second sen19 tence and all that follows through the period at the

20 end of such sentence and inserting the following: ‘‘by

21 preparing a feasibility study and conducting prelimi22 nary engineering, design, and construction of a link

23 between such airport and the commuter rail system

24 that is being developed by the Los Angeles County

25 Metropolitan Transportation Authority.’’.
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1 (b) LOUISIANA.—

2 (1) RURAL ACCESS PROJECT.—

3 (A) RESCISSION.—Effective October 1,

4 1995, the unobligated balances on September 30,

5 1995, of funds made available for section

6 149(a)(87) of the Surface Transportation and

7 Uniform Relocation Assistance Act of 1987 (101

8 Stat. 194; relating to West Calcasieu Parish,

9 Louisiana) are hereby rescinded.

10 (B) FUNDING.—Item number 17 of the table

11 contained in section 1106(a)(2) of the Inter12 modal Surface Transportation Efficiency Act of

13 1991 (105 Stat. 2038), relating to Lake Charles,

14 Louisiana, is amended by striking ‘‘4.1’’ and in15 serting ‘‘8.8’’.

16 (2) I–10 EXIT RAMP AND OTHER PROJECTS.—

17 Section 149(a)(89) of the Surface Transportation and

18 Uniform Relocation Assistance Act of 1987 (101 Stat.

19 191) is amended—

20 (A) by inserting ‘‘AND LAKE CHARLES’’

21 after ‘‘LAFAYETTE’’ in the paragraph heading;

22 and

23 (B) by inserting before the period at the end

24 ‘‘and, of amounts made available to carry out

25 this paragraph, may use up to $456,022 to carry
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1 out a comprehensive transportation and land use

2 plan for Lafayette, Louisiana, $1,000,000 to

3 carry out a project to construct an exit ramp

4 from the eastbound side of Interstate Route I–10

5 to Ryan Street in Lake Charles, Louisiana, and

6 $269,661 under this paragraph for projects de7 scribed in section 149(a)(90)’’.

8 (3) CONTRABAND BRIDGE.—Section 149(a)(90)

9 of such Act (101 Stat. 191) is amended—

10 (A) by inserting ‘‘AND LAKE CHARLES’’

11 after ‘‘LAFAYETTE’’ in the paragraph heading;

12 and

13 (B) by inserting ‘‘and a project to construct

14 the Contraband Bridge portion of the Nelson Ac15 cess Road Project’’ before the period at the end.

16 (c) PENNYSLVANIA.—Section 149(a)(74) of the Surface

17 Transportation and Uniform Relocation Assistance Act of

18 1987 (101 Stat. 192) is amended by inserting before the

19 period at the end the following: ‘‘and other projects in the

20 counties of Bedford, Blair, Centre, Franklin, and Hunting21 don, Pennsylvania’’.

22 (d) MARYLAND.—Section 149(a)(92) of such Act (101

23 Stat. 194) is amended—
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1 (1) by striking ‘‘UNITED STATES ROUTE 48’’ and

2 inserting ‘‘WASHINGTON AND FREDERICK COUNTIES’’;

3 and

4 (2) by inserting ‘‘and to construct an inter5 change between Interstate Route I–70 and Interstate

6 Route I–270 in Frederick County, Maryland’’ after

7 ‘‘Mountain Road’’.

8 (e) BUS TESTING FACILITY.—Section 5318 of title 49,

9 United States Code, is amended—

10 (1) in subsection (b) by inserting ‘‘or cooperative

11 agreement’’ after ‘‘contract’’ each place it appears;

12 and

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

14 ‘‘(f) CONVERSION OF CONTRACTS.—The Secretary may

15 convert existing contracts entered into under this section

16 into cooperative agreements.’’.

17 SEC. 341. ELIGIBILITY.

18 (a) EXISTING PROJECT.—Section 108(b) of the Fed19 eral-Aid Highway Act of 1956 (23 U.S.C. 101 note) is

20 amended—

21 (1) by striking ‘‘(1)’’ before ‘‘such costs may be

22 further’’; and

23 (2) by striking ‘‘, and (2) the amount of such

24 costs shall not include the portion of the project be25 tween High Street and Causeway Street’’.
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1 (b) OTHER EXISTING PROJECTS.—

2 (1) RECONSTRUCTION AND WIDENING.—The

3 project authorized by section 162 of the Surface

4 Transportation Assistance Act of 1982 (96 Stat.

5 2136) shall include reconstruction and widening to 6

6 lanes of existing Interstate Route 95 and of the Penn7 sylvania Turnpike from United States Route 1 to the

8 junction with the New Jersey Turnpike, including the

9 structure over the Delaware River.

10 (2) FEDERAL SHARE.—Notwithstanding any

11 other provision of law, the Federal share payable on

12 account of the project referred to in paragraph (1),

13 including the additional through roadway and bridge

14 travel lanes, shall be 90 percent of the cost of the

15 project.

16 (3) TOLLS.—Notwithstanding section 301 of title

17 23, United States Code, the project for construction of

18 an interchange between the Pennsylvania Turnpike

19 and Interstate Route 95, including the widening of

20 the Pennsylvania Turnpike, shall be treated as a re21 construction project described in section 129(a)(1)(B)

22 of such title and tolls may be continued on all traffic

23 on the Pennsylvania Turnpike between United States

24 Route 1 and the New Jersey Turnpike.
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1 (c) TYPE II NOISE BARRIERS.—No funds made avail2 able out of the Highway Trust Fund may be used to con3 struct Type II noise barriers (as defined by section 772.5(i)

4 of title 23, Code of Federal Regulations) pursuant to sec5 tions 109 (h) and (i) of title 23, United States Code if such

6 barriers were not part of a project approved by the Sec7 retary before the date of the enactment of this Act.

8 SEC. 342. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.

9 The Secretary shall enter into an agreement modifying

10 the agreement entered into pursuant to section 339 of the

11 Department of Transportation and Related Agencies Ap12 propriations Act, 1993 (Public Law 102–338) to conform

13 such agreement to the provisions of section 336 of the De14 partment of Transportation and Related Agencies Appro15 priations Act, 1995 (Public Law 103–331). Nothing in this

16 section shall be construed to change the amount of the pre17 vious appropriation in such section 339, and the line of

18 credit provided for shall not exceed an amount supported

19 by the previous appropriation. In implementing such sec20 tions 336 and 339, the Secretary may enter into an agree21 ment requiring an interest rate that is higher than the rate

22 specified in such sections.

23 SEC. 343. MISCELLANEOUS STUDIES.

24 (a) PAN AMERICAN HIGHWAY.—
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1 (1) STUDY.—The Secretary shall conduct a study

2 on the adequacy of and the need for improvements to

3 the Pan American Highway.

4 (2) ELEMENTS.—The study to be conducted

5 under paragraph (1) shall include, at a minimum,

6 the following elements:

7 (A) Findings on the benefits of constructing

8 a highway at Darien Gap, Panama and Colom9 bia.

10 (B) Recommendations for a self-financing

11 arrangement for completion and maintenance of

12 the Pan American Highway.

13 (C) Recommendations for establishing a

14 Pan American highway authority to monitor fi15 nancing, construction, maintenance, and oper16 ations of the Pan American Highway.

17 (D) Findings on the benefits to trade and

18 prosperity of a more efficient Pan American

19 Highway.

20 (E) Findings on the benefits to United

21 States industry through the use of United States

22 technology and equipment in construction of im23 provements to the Pan American Highway.
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1 (F) Findings on environmental consider2 ations, including environmental considerations

3 relating to the Darien Gap.

4 (3) REPORT.—Not later than 2 years after the

5 date of the enactment of this Act, the Secretary shall

6 transmit to Congress a report on the results of the

7 study conducted under this subsection.

8 (b) HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYS9 TEM.—The Secretary shall conduct a study to determine the

10 cost, need, and efficacy of establishing a highway sign for

11 identifying routes on the National Highway System. In

12 conducting such study, the Secretary shall make a deter13 mination concerning whether to identify National Highway

14 System route numbers.

15 (c) COMPLIANCE WITH BUY AMERICAN ACT.—

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

17 on compliance with the provisions of the Buy Amer18 ican Act (41 U.S.C. 10a–10c) with respect to con19 tracts entered into using amounts made available

20 from the Highway Trust Fund.

21 (2) REPORT.—Not later than 1 year after the

22 date of the enactment of this Act, the Secretary shall

23 transmit to Congress a report on the results of the

24 study conducted under paragraph (1).
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1 SEC. 344. COLLECTION OF BRIDGE TOLLS.

2 Notwithstanding any other provisions of law, tolls col3 lected for motor vehicles on any bridge connecting the bor4 oughs of Brooklyn, New York, and Staten Island, New York,

5 shall continue to be collected for only those vehicles exiting

6 from such bridge in Staten Island.

7 SEC. 345. NATIONAL DRIVER REGISTER.

8 Section 30308(a) of title 49, United States Code, is

9 amended by striking ‘‘and $2,550,000 for fiscal year 1995’’

10 and inserting ‘‘and $2,550,000 for each of fiscal years 1995

11 and 1996’’.

12 SEC. 346. ROADSIDE BARRIER TECHNOLOGY.

13 Section 1058 of the Intermodal Surface Transpor14 tation Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat.

15 2003) is amended—

16 (1) in subsection (a) by striking ‘‘median’’ and

17 inserting ‘‘or temporary crashworthy’’;

18 (2) in subsection (a) by inserting ‘‘crashworthy’’

19 after ‘‘innovative’’;

20 (3) in the heading of subsection (c) by inserting

21 ‘‘CRASHWORTHY’’ after ‘‘INNOVATIVE’’;

22 (4) in subsection (c) by inserting ‘‘crashworthy’’

23 after ‘‘innovative’’;

24 (5) in subsection (c) by striking ‘‘median’’;

25 (6) by inserting ‘‘or guiderail’’ after ‘‘guard26 rail’’; and
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1 (7) by inserting before the period at the end of

2 subsection (c) ‘‘, and meets or surpasses the require3 ments of the National Cooperative Highway Research

4 Program 350 for longitudinal barriers’’.

5 SEC. 347. MOTORIST CALL BOXES.

6 (a) EFFECTIVE CONTROL.—Section 131(c) of title 23,

7 United States Code, is amended—

8 (1) by striking ‘‘and (5)’’ and inserting the fol9 lowing: ‘‘(5) signs, displays, and devices identifying

10 and announcing free motorist aid call boxes and ad11 vertising their sponsorship by corporations or other

12 organizations, and (6)’’; and

13 (2) by adding at the end the following new sen14 tence: ‘‘The Secretary shall ensure that spacing of

15 signs, displays, and devices announcing motorist aid

16 call boxes is reasonable.’’.

17 (b) SPECIFIC SERVICE SIGNS.—Section 131(f) of title

18 23, United States Code, is amended by adding at the end

19 the following: ‘‘For purposes of this subsection, the term

20 ‘specific information in the interest of the traveling public’

21 includes identification, announcement, and sponsorship of

22 motorist aid call boxes.’’.
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1 SEC. 348. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT

2 COMPLIANCE PROGRAM.

3 Sections 141(a) and 154 of title 23, United States

4 Code, and the item relating to section 154 in the analysis

5 to chapter 1 of such title are repealed.

6 SEC. 349. ELIMINATION OF PENALTY FOR NONCOMPLIANCE

7 FOR MOTORCYCLE HELMETS.

8 Subsection (h) of section 153 of title 23, United States

9 Code, is amended by striking ‘‘a law described in subsection

10 (a)(1) and’’ each place it appears.

11 SEC. 350. SAFETY REST AREAS.

12 Section 120(c) of title 23, United States Code, is

13 amended by inserting ‘‘safety rest areas,’’ after ‘‘signaliza14 tion,’’.

15 SEC. 351. EXEMPTIONS FROM REQUIREMENTS RELATING

16 TO COMMERCIAL MOTOR VEHICLES AND

17 THEIR OPERATORS.

18 (a) EXEMPTIONS.—

19 (1) TRANSPORTATION OF AGRICULTURAL COM20 MODITIES AND FARM SUPPLIES.—Regulations pre21 scribed by the Secretary under sections 31136 and

22 31502 of title 49, United States Code, regarding max23 imum driving and on-duty time for drivers used by

24 motor carriers shall not apply to drivers transporting

25 agricultural commodities or farm supplies for agri26 cultural purposes in a State if such transportation is
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1 limited to an area within a 100 air mile radius from

2 the source of the commodities or the distribution point

3 for the farm supplies and is during the planting and

4 harvesting seasons within such State, as determined

5 by the State.

6 (2) TRANSPORTATION AND OPERATION OF

7 GROUND WATER WELL DRILLING RIGS.—Such regula8 tions shall, in the case of a driver of a commercial

9 motor vehicle who is used primarily in the transpor10 tation and operation of a ground water well drilling

11 rig, permit any period of 8 consecutive days to end

12 with the beginning of an off-duty period of 24 or

13 more consecutive hours for the purposes of determin14 ing maximum driving and on-duty time.

15 (3) TRANSPORTATION OF CONSTRUCTION MATE16 RIALS AND EQUIPMENT.—Such regulations shall, in

17 the case of a driver of a commercial motor vehicle who

18 is used primarily in the transportation of construc19 tion materials and equipment, permit any period of

20 8 consecutive days to end with the beginning of an

21 off-duty period of 24 or more consecutive hours for the

22 purposes of determining maximum driving and on23 duty time.

24 (4) DRIVERS OF UTILITY SERVICE VEHICLES.—

25 Such regulations shall, in the case of a driver of a
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1 utility service vehicle, permit any period of 8 consecu2 tive days to end with the beginning of an off-duty pe3 riod of 24 or more consecutive hours for the purposes

4 of determining maximum driving and on-duty time.

5 (5) SNOW AND ICE REMOVAL.—A State may

6 waive the requirements of chapter 313 of title 49,

7 United States Code, with respect to a vehicle that is

8 being operated within the boundaries of an eligible

9 unit of local government by an employee of such unit

10 for the purpose of removing snow or ice from a road11 way by plowing, sanding, or salting. Such waiver au12 thority shall only apply in a case where the employee

13 is needed to operate the vehicle because the employee

14 of the eligible unit of local government who ordinarily

15 operates the vehicle and who has a commercial drivers

16 license is unable to operate the vehicle or is in need

17 of additional assistance due to a snow emergency.

18 (b) EFFECTIVE DATE.—The provisions of subsection

19 (a) shall take effect 180 days after the date of the enactment

20 of this Act.

21 (c) REVIEW BY THE SECRETARY.—The Secretary may

22 conduct a rulemaking proceeding to determine whether

23 granting any exemption provided by subsection (a) is not

24 in the public interest and would have a significant adverse

25 impact on the safety of commercial motor vehicles. If, at
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1 any time, the Secretary determines that granting such ex2 emption would not be in the public interest and would have

3 a significant adverse impact on the safety of commercial

4 motor vehicles, then the Secretary may prevent the exemp5 tion from going into effect, modify the exemption, or revoke

6 the exemption.

7 (d) DEFINITIONS.—In this section, the following defi8 nitions apply:

9 (1) 8 CONSECUTIVE DAYS.—The term ‘‘8 consecu10 tive days’’ means the period of 8 consecutive days be11 ginning on any day at the time designated by the

12 motor carrier for a 24-hour period.

13 (2) 24-HOUR PERIOD.—The term ‘‘24-hour pe14 riod’’ means any 24-consecutive hour period begin15 ning at the time designated by the motor carrier for

16 the terminal from which the driver is normally dis17 patched.

18 (3) GROUND WATER WELL DRILLING RIG.—The

19 term ‘‘ground water well drilling rig’’ means any ve20 hicle, machine, tractor, trailer, semi-trailer, or spe21 cialized mobile equipment propelled or drawn by me22 chanical power and used on highways to transport

23 water well field operating equipment, including water

24 well drilling and pump service rigs equipped to access

25 ground water.
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1 (4) TRANSPORTATION OF CONSTRUCTION MATE2 RIALS AND EQUIPMENT.—The term ‘‘transportation of

3 construction materials and equipment’’ means the

4 transportation of construction materials, construction

5 finished related products, construction personnel, and

6 construction equipment by a driver within a 50 air

7 mile radius of the normal work reporting location of

8 the driver.

9 (5) ELIGIBLE UNIT OF LOCAL GOVERNMENT.—

10 The term ‘‘eligible unit of local government’’ means a

11 city, town, borough, county, parish, district, or other

12 public body created by or pursuant to State law

13 which has a total population of 3,000 individuals or

14 less.

15 (6) UTILITY SERVICE VEHICLE.—The term ‘‘util16 ity service vehicle’’ means any motor vehicle, regard17 less of gross weight—

18 (A) used on highways in interstate or intra19 state commerce in the furtherance of building, re20 pairing, expanding, improving, maintaining, or

21 operating any structures, facilities, excavations,

22 poles, lines, or any other physical feature nec23 essary for the delivery of public utility services,

24 including the furnishing of electric, water, sani-
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1 tary sewer, telephone, and television cable or

2 community antenna service;

3 (B) while engaged in any activity nec4 essarily related to the ultimate delivery of such

5 public utility services to consumers, including

6 travel or movement to, from, upon, or between

7 activity sites (including occasional travel or

8 movement outside the service area necessitated by

9 any utility emergency as determined by the util10 ity provider); and

11 (C) except for any occasional emergency

12 use, operated primarily within the service area

13 of a utility’s subscribers or consumers, without

14 regard to whether the vehicle is owned, leased, or

15 rented or otherwise contracted for by the utility.

16 SEC. 352. TRAFFIC CONTROL SIGNS.

17 Traffic control signs referred to in the experimental

18 project conducted in the State of Oregon in December 1991

19 shall be deemed to comply with the requirements of section

20 2B–4 of the Manual on Uniform Traffic Control Devices

21 of the Department of Transportation.

22 SEC. 353. BRIGHTMAN STREET BRIDGE, FALL RIVER HAR23 BOR, MASSACHUSETTS.

24 Notwithstanding any other provision of law, the

25 Brightman Street Bridge in Fall River Harbor, Massachu-
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1 setts, may be reconstructed to result in a clear channel

2 width of less than 300 feet.

3 SEC. 354. MOTOR CARRIER SAFETY PROGRAM.

4 Section 31136(e) of title 49, United States Code, is

5 amended—

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

7 ‘‘After notice’’;

8 (2) by indenting paragraph (1), as designated by

9 paragraph (1) of this section, and moving paragraph

10 (1), as so redesignated, 2 ems to the right; and

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

12 ‘‘(2) MOTOR CARRIER SAFETY PROGRAM.—

13 ‘‘(A) IN GENERAL.—The Secretary, within

14 180 days of the application of an operator of

15 motor vehicles with a gross vehicle weight rating

16 of at least 10,001 pounds but not more than

17 26,000 pounds, shall exempt some or all of such

18 vehicles and drivers of such vehicles from some or

19 all of the regulations prescribed under this sec20 tion and sections 504 and 31502 of this title if

21 the Secretary finds such applicant—

22 ‘‘(i) has a current satisfactory safety

23 fitness rating issued by the Secretary; and

24 ‘‘(ii) will implement a program of

25 safety management controls designed to
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1 achieve a level of operational safety equal to

2 or greater than that resulting from compli3 ance with the regulations prescribed under

4 this section.

5 The Secretary shall modify the exemption if

6 there is a material change in the regulations pre7 scribed under such sections. In granting such ex8 emptions, the Secretary shall ensure that ap9 proved participants in the motor carrier safety

10 program are subject to a minimum of paperwork

11 and regulatory burdens.

12 ‘‘(B) MONITORING; EXEMPTION PERIOD.—

13 The Secretary and participants in the program

14 established by this paragraph shall periodically

15 monitor the safety of vehicles and drivers ex16 empted from regulations under the program. An

17 exemption approved under subparagraph (A)

18 shall remain in effect until such time as the Sec19 retary finds—

20 ‘‘(i) that the operator has exceeded the

21 average ratio of preventable accidents to ve22 hicle miles travelled for a period of 12

23 months for the class of vehicles with a gross

24 vehicle weight of at least 10,001 pounds but

25 not more than 26,000 pounds; or
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1 ‘‘(ii) that such operator’s exemption is

2 not in the public interest and would result

3 in a significant adverse impact on the safe4 ty of commercial motor vehicles.

5 ‘‘(C) FACTORS.—In approving applications

6 under the program established by this para7 graph, the Secretary shall—

8 ‘‘(i) ensure that applicants in the pro9 gram represent a broad cross-section of fleet

10 size and operators of vehicles between

11 10,000 and 26,000 pounds; and

12 ‘‘(ii) to the extent feasible, ensure par13 ticipation by as many qualified applicants

14 as possible.

15 ‘‘(D) LIMITATION.—The Secretary shall not

16 grant the exemptions set forth in subparagraph

17 (A) to vehicles—

18 ‘‘(i) designed to transport more than

19 15 passengers; including the driver; or

20 ‘‘(ii) used in transporting material

21 found by the Secretary to be hazardous

22 under section 5103 of this title and trans23 ported in a quantity requiring placarding

24 under regulations prescribed by the Sec25 retary under such section 5103.
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1 ‘‘(E) EMERGENCIES.—The Secretary may

2 revoke or modify the participation of an operator

3 in the program established by this section in the

4 case of an emergency.

5 ‘‘(3) REVIEW OF REGULATIONS.—The Secretary

6 shall conduct a zero-based review of the need and the

7 costs and benefits of all regulations issued under this

8 section and sections 504 and 31502 of this title to de9 termine whether such regulations should apply to ve10 hicles weighing between 10,000 and 26,000 pounds.

11 The review shall focus on the appropriate level of safe12 ty and the paperwork and regulatory burdens of such

13 regulations as they apply to operators of vehicles

14 weighing between 10,000 and 26,000 pounds. The Sec15 retary shall complete the review within 18 months

16 after the date of the enactment of this paragraph.

17 Upon completion of the review, the Secretary shall

18 grant such exemptions or modify or repeal existing

19 regulations to the extent appropriate.’’.

20 SEC. 355. TECHNICAL AMENDMENT.

21 Notwithstanding section 101(a) of title 23, United

22 States Code, the projects described in section 149(a)(62) of

23 Public Law 100–17 and section 1 of Public Law 100–211

24 shall be eligible under section 204 of title 23, United States

25 Code.
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1 SEC. 356. SAFETY REPORT.

2 Not later than September 30, 1997, the Secretary of

3 Transportation, in cooperation with any State which raises

4 any speed limit in such State to a level above the level per5 mitted under section 154 of title 23, United States Code,

6 as such section was in effect on September 15, 1995, shall

7 prepare and submit to the Congress a study of—

8 (1) the costs to such State of deaths and injuries

9 resulting from motor vehicle crashes; and

10 (2) the benefits associated with the repeal of the

11 national maximum speed limit.

12 SEC. 357. OPERATION OF MOTOR VEHICLES BY INTOXI13 CATED MINORS.

14 (a) IN GENERAL.—Chapter 1 of title 23, United States

15 Code, is amended by adding at the end the following:

16 ‘‘§ 161. National standard to prohibit the operation of

17 motor vehicles by intoxicated minors

18 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON19 COMPLIANCE.—

20 ‘‘(1) FISCAL YEAR 1999.—The Secretary shall

21 withhold 5 percent of the amount required to be ap22 portioned to any State under each of paragraphs (1),

23 (3), and (5) of section 104(b) on October 1, 1998, if

24 the State does not meet the requirement of paragraph

25 (3) on such date.
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1 ‘‘(2) THEREAFTER.—The Secretary shall with2 hold 10 percent (including any amounts withheld

3 under paragraph (1)) of the amount required to be

4 apportioned to any State under each of paragraphs

5 (1), (3), and (5) of section 104(b) on October 1, 1999,

6 and on October 1 of each fiscal year thereafter, if the

7 State does not meet the requirement of paragraph (3)

8 on such date.

9 ‘‘(3) REQUIREMENT.—A State meets the require10 ment of this paragraph if the State has enacted and

11 is enforcing a law that makes unlawful throughout

12 the State the operation of a motor vehicle by an indi13 vidual under the age of 21 who has a blood alcohol

14 concentration of 0.02 percent or greater.

15 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI16 ANCE AND NONCOMPLIANCE.—

17 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

18 FUNDS.—

19 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

20 SEPTEMBER 30, 2000.—Any funds withheld

21 under subsection (a) from apportionment to any

22 State on or before September 30, 2000, shall re23 main available until the end of the third fiscal

24 year following the fiscal year for which such

25 funds are authorized to be appropriated.
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1 ‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER

2 30, 2000.—No funds withheld under this section

3 from apportionment to any State after Septem4 ber 30, 2000, shall be available for apportion5 ment to such State.

6 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

7 AFTER COMPLIANCE.—If, before the last day of the pe8 riod for which funds withheld under subsection (a)

9 from apportionment are to remain available for ap10 portionment to a State under paragraph (1), the

11 State meets the requirement of subsection (a)(3), the

12 Secretary shall, on the first day on which the State

13 meets such requirement, apportion to the State the

14 funds withheld under subsection (a) that remain

15 available for apportionment to the State.

16 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE17 QUENTLY APPORTIONED FUNDS.—Any funds appor18 tioned pursuant to paragraph (2) shall remain avail19 able for expenditure until the end of the third fiscal

20 year following the fiscal year in which such funds are

21 so apportioned. Sums not obligated at the end of such

22 period shall lapse or, in the case of funds apportioned

23 under section 104(b)(5), shall lapse and be made

24 available by the Secretary for projects in accordance

25 with section 118.
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1 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the

2 end of the period for which funds withheld under sub3 section (a) from apportionment are available for ap4 portionment to a State under paragraph (1), the

5 State does not meet the requirement of subsection

6 (a)(3), such funds shall lapse or, in the case of funds

7 withheld from apportionment under section 104(b)(5),

8 such funds shall lapse and be made available by the

9 Secretary for projects in accordance with section

10 118.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of such chapter is amended by adding at the

13 end the following:

‘‘161. National standard to prohibit the operation of motor vehicles by intoxicated

minors.’’.

14 SEC. 358. EFFECTIVENESS OF DRUNK DRIVING LAWS.

15 The Secretary shall conduct a study to evaluate the

16 effectiveness on reducing drunk driving of laws enacted in

17 the States which allow a health care provider who treats

18 an individual involved in a vehicular accident to report

19 the blood alcohol level, if known, of such individual to the

20 local law enforcement agency which has jurisdiction over

21 the accident site if the blood alcohol concentration level ex22 ceeds the maximum level permitted under State law.
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Amend the title so as to read: ‘‘An Act to amend title

23, United States Code, to designate the National Highway

System, and for other purposes.’’.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION S. 440

AMENDMENTS