121
HR 4385 EH
subsection (i) unless the Secretary determines, after
a rulemaking process under subsection (i), that it
should not be so considered and submits a report to
Congress describing the reasons for the determina-
tion.
‘‘(5) ADDITIONAL
PURPOSES.—The uniform
guidelines may include provisions to improve driver
performance (including driver education, driver test-
ing to determine proficiency to operate motor vehi-
cles, driver examinations (both physical and mental)
and driver licensing) and to improve pedestrian per-
formance and bicycle safety. In addition the uniform
guidelines may include provisions for an effective
record system of accidents (including injuries and
deaths resulting therefrom), accident investigations
to determine the probable causes of accidents, inju-
ries, and deaths, vehicle registration, operation, and
inspection, highway design and maintenance (includ-
ing lighting, markings, and surface treatment), traf-
fic control, vehicle codes and laws, surveillance of
traffic for detection and correction of high or poten-
tially high accident locations, and emergency serv-
ices.
‘‘(6) APPLICABILITY TO FEDERALLY ADMINIS-
TERED AREAS.—The uniform guidelines which are
122
HR 4385 EH
applicable to State highway safety programs shall, to
the extent determined appropriate by the Secretary,
be applicable to federally administered areas where
a Federal department or agency controls the high-
ways or supervises traffic operations.
‘‘(7) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Implementation of a highway safety program
under this section shall not be construed to require
the Secretary to require compliance with every uni-
form guideline, or with every element of every uni-
form guideline, in every State.
‘‘(8) COOPERATION
IN
PROMULGATION.—Uni-
form guidelines promulgated by the Secretary to
carry out this section shall be developed in coopera-
tion with the States, their political subdivisions, ap-
propriate Federal departments and agencies, and
such other public and private organizations as the
Secretary deems appropriate.
‘‘(9) ASSISTANCE OF OTHER FEDERAL DEPART-
MENTS.—The Secretary may make arrangements
with other Federal departments and agencies for as-
sistance in the preparation of uniform guidelines for
the highway safety programs contemplated by this
subsection and in the administration of such pro-
grams. Such departments and agencies are directed
123
HR 4385 EH
to cooperate in such preparation and administration,
on a reimbursable basis.
‘‘(c) REQUIREMENTS FOR APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary may not ap-
prove a State highway safety program under this
section which does not—
‘‘(A) provide that the Governor of the
State shall be responsible for the administration
of the program through a State highway safety
agency which shall have adequate powers and
be suitably equipped and organized to carry
out, to the satisfaction of the Secretary, such
program;
‘‘(B) authorize political subdivisions of the
State to carry out local highway safety pro-
grams within their jurisdictions as a part of the
State highway safety program if such local
highway safety programs are approved by the
Governor and are in accordance with the uni-
form guidelines promulgated by the Secretary
under this section;
‘‘(C) except as provided in paragraph (2),
provide that at least 40 percent of all Federal
funds apportioned under this section to the
State for any fiscal year will be expended by the
124
HR 4385 EH
political subdivisions of the State, including In-
dian tribal governments, in carrying out local
highway safety programs authorized in accord-
ance with subparagraph (B); and
‘‘(D) provide adequate and reasonable ac-
cess for the safe and convenient movement of
individuals with disabilities, including those in
wheelchairs, across curbs constructed or re-
placed on or after July 1, 1976, at all pedes-
trian crosswalks throughout the State.
‘‘(2) WAIVER.—The Secretary may waive the
requirement of paragraph (1)(C), in whole or in
part, for a fiscal year for any State whenever the
Secretary determines that there is an insufficient
number of local highway safety programs to justify
the expenditure in the State of such percentage of
Federal funds during the fiscal year.
‘‘(3) USE OF TECHNOLOGY FOR TRAFFIC EN-
FORCEMENT.—The Secretary may encourage States
to use technologically advanced traffic enforcement
devices (including the use of automatic speed detec-
tion devices such as photo-radar) by law enforcement
officers.
‘‘(d) DATA COLLECTION
AND REPORTING PRO-
GRAM.—
125
HR 4385 EH
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a highway safety program for the collection
and reporting of data on traffic-related deaths and
injuries by the States. Under such program, the
States shall collect and report to the Secretary such
data as the Secretary may require.
‘‘(2) PURPOSES.—The purposes of the program
under this subsection are to ensure national uniform
data on such deaths and injuries and to allow the
Secretary to make determinations for use in develop-
ing programs to reduce such deaths and injuries and
making recommendations to Congress concerning
legislation necessary to implement such programs.
‘‘(3) PROGRAM REQUIREMENTS.—The program
under this subsection shall include information ob-
tained by the Secretary under section 4004 of the
Intermodal Surface Transportation Efficiency Act of
1991 and provide for annual reports to the Sec-
retary on the efforts being made by the States in re-
ducing deaths and injuries occurring at highway
construction sites and the effectiveness and results
of such efforts.
‘‘(4) REPORTING
CRITERIA.—The Secretary
shall establish minimum reporting criteria for the
program under this subsection. Such criteria shall
126
HR 4385 EH
include, but not be limited to, criteria on deaths and
injuries resulting from police pursuits, school bus ac-
cidents, and speeding, on traffic-related deaths and
injuries at highway construction sites and on the
configuration of commercial motor vehicles involved
in motor vehicle accidents.
‘‘(e) USE OF FUNDS.—
‘‘(1) FOR
HIGHWAY
SAFETY
PROGRAMS.—
Funds authorized to be appropriated to carry out
this section shall be used to aid the States to con-
duct the highway safety programs approved in ac-
cordance with subsection (a), including development
and implementation of manpower training programs,
and of demonstration programs that the Secretary
determines will contribute directly to the reduction
of traffic accidents and deaths and injuries resulting
therefrom.
‘‘(2) ADMINISTRATIVE EXPENSES.—Funds au-
thorized to be appropriated to carry out this section
shall be subject to a deduction not to exceed 5 per-
cent for the necessary costs of administering the
provisions of this section, and the remainder shall be
apportioned among the several States under sub-
section (f).
127
HR 4385 EH
‘‘(3) LIMITATION.—Nothing in this section au-
thorizes the appropriation or expenditure of funds—
‘‘(A) for highway construction, mainte-
nance, or design (other than design of safety
features of highways to be incorporated into
guidelines); or
‘‘(B) for any purpose for which funds are
authorized by section 403 of this title.
‘‘(f) APPORTIONMENT OF FUNDS.—
‘‘(1) FORMULA.—After the deduction under
subsection (e)(2), the remainder of the funds author-
ized to be appropriated to carry out this section
shall be apportioned 75 percent in the ratio which
the population of each State bears to the total popu-
lation of all the States, as shown by the latest avail-
able Federal census, and 25 percent in the ratio
which the public road mileage in each State bears to
the total public road mileage in all States.
‘‘(2) MINIMUM PERCENTAGE.—The annual ap-
portionment to each State shall not be less than 1⁄2
of 1 percent of the total apportionment; except that
the apportionments to the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands shall not be less than 1⁄4
of 1 percent of the total apportionment.
128
HR 4385 EH
‘‘(3) APPROVED HIGHWAY SAFETY PROGRAM.—
The Secretary shall not apportion any funds under
this subsection to any State which is not implement-
ing a highway safety program approved by the Sec-
retary in accordance with this section.
‘‘(4) REDUCTION OF APPORTIONMENT.—Funds
apportioned under this section to any State, that
does not have a highway safety program approved by
the Secretary or that is not implementing an ap-
proved program, shall be reduced by amounts equal
to not less than 50 percent of the amounts that
would otherwise be apportioned to the State under
this section, until such time as the Secretary ap-
proves such program or determines that the State is
implementing an approved program, as appropriate.
The Secretary shall consider the gravity of the
State’s failure to have or implement an approved
program in determining the amount of the reduc-
tion.
‘‘(5) APPORTIONMENT OF WITHHELD FUNDS.—
The Secretary shall promptly apportion to the State
the funds withheld from its apportionment if the
Secretary approves the State’s highway safety pro-
gram or determines that the State has begun imple-
menting an approved program, as appropriate, prior
129
HR 4385 EH
to the end of the fiscal year for which the funds
were withheld. If the Secretary determines that the
State did not correct its failure within such period,
the Secretary shall reapportion the withheld funds to
the other States in accordance with the formula
specified in this subsection not later than 30 days
after such determination.
‘‘(6) DETERMINATION OF PUBLIC ROAD MILE-
AGE.—For the purposes of this subsection, the term
a ‘public road’ means any road under the jurisdic-
tion of, and maintained by, a public authority and
open to public travel. As used in this subsection,
public road mileage shall be determined as of the
end of the calendar year preceding the year in which
the funds are apportioned and shall be certified to
by the Governor of the State and subject to approval
by the Secretary.
‘‘(g) APPLICABILITY OF CHAPTER 1.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, all provisions of chapter 1
of this title that are applicable to National Highway
System highway funds, other than provisions relat-
ing to the apportionment formula and provisions
limiting the expenditure of such funds to the Fed-
eral-aid systems, shall apply to the highway safety
130
HR 4385 EH
funds authorized to be appropriated to carry out this
section.
‘‘(2) INCONSISTENT PROVISIONS.—If the Sec-
retary determines that a provision of chapter 1 of
this title is inconsistent with this section, such provi-
sion shall not apply to funds authorized to be appro-
priated to carry out this section.
‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI-
TURES.—The aggregate of all expenditures made
during any fiscal year by a State and its political
subdivisions (exclusive of Federal funds) for carrying
out the State highway safety program (other than
planning and administration) shall be available for
the purpose of crediting such State during such fis-
cal year for the non-Federal share of the cost of any
project under this section (other than one for plan-
ning or administration) without regard to whether
such expenditures were actually made in connection
with such project.
‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN
INDIAN TRIBE PROGRAMS.—In the case of a local
highway safety program carried out by an Indian
tribe, if the Secretary is satisfied that an Indian
tribe does not have sufficient funds available to meet
the non-Federal share of the cost of such program,
131
HR 4385 EH
the Secretary may increase the Federal share of the
cost thereof payable under this title to the extent
necessary.
‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY
DEPARTMENT’.—In applying the provisions of chap-
ter 1 of this title in carrying out this section, the
term ‘State highway department’ as used in such
provisions shall mean the Governor of a State for
the purposes of this section.
‘‘(h) APPLICATION IN INDIAN COUNTRY.—
‘‘(1) IN GENERAL.—For the purpose of the ap-
plication of this section in Indian country, the terms
‘State’ and ‘Governor of a State’ include the Sec-
retary of the Interior and the term ‘political subdivi-
sion of a State’ includes an Indian tribe. Notwith-
standing the provisions of subsection (c)(1)(C), 95
percent of the funds transferred to the Secretary of
the Interior under this section shall be expended by
Indian tribes to carry out highway safety programs
within their jurisdictions. The provisions of sub-
section (c)(1)(D) shall be applicable to Indian tribes,
except to those tribes with respect to which the Sec-
retary determines that application of such provisions
would not be practicable.
132
HR 4385 EH
‘‘(2) INDIAN COUNTRY DEFINED.—For the pur-
pose of this subsection, the term ‘Indian country’
means—
‘‘(A) all land within the limits of any In-
dian reservation under the jurisdiction of the
United States, notwithstanding the issuance of
any patent, and including rights-of-way running
through the reservation;
‘‘(B) all dependent Indian communities
within the borders of the United States whether
within the original or subsequently acquired ter-
ritory thereof and whether within or without
the limits of a State; and
‘‘(C) all Indian allotments, the Indian ti-
tles to which have not been extinguished, in-
cluding rights-of-way running through such al-
lotments.
‘‘(i) RULEMAKING PROCESS.—The Secretary may
from time to time conduct a rulemaking process to deter-
mine those highway safety programs that are most effec-
tive in reducing traffic accidents, injuries, and deaths. Any
rule under this subsection shall be promulgated taking
into account consideration of the views of the States hav-
ing a major role in establishing such programs. When a
rule promulgated in accordance with this subsection takes
133
HR 4385 EH
effect, only those programs established by such rule as
most effective in reducing traffic accidents, injuries, and
deaths shall be eligible to receive Federal financial assist-
ance under this section.’’.
(b) SECTION 2005.—Section 2005(1) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(105 Stat. 2079) is amended—
(1) by striking ‘‘and’’ the first place it appears
and inserting a comma; and
(2) by striking ‘‘, 1994,’’ and inserting ‘‘and
1994, and $146,000,000 for each of fiscal years’’.
SEC. 247. NATIONAL HIGHWAY SAFETY ADVISORY COMMIT-
TEE.
Section 404(d) of title 23, United States Code, is
amended by striking ‘‘Commerce’’ and inserting ‘‘Trans-
portation’’.
SEC. 
248. 
ALCOHOL-IMPAIRED 
DRIVING 
COUNTER-
MEASURES.
(a) TECHNICAL AMENDMENT.—Section 410(d)(1)(E)
of title 23, United States Code, is amended by striking
‘‘the date of enactment of this section’’ and inserting ‘‘De-
cember 18, 1991’’.
(b) BASIC GRANT ELIGIBILITY.—Section 410(d)(3)
of such title is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
134
HR 4385 EH
(2) by adding at the end the following:
‘‘(B) A State shall be treated as having met the
requirement of this paragraph if—
‘‘(i) the State provides to the Secretary a
written certification that the highest court of
the State has issued a decision indicating that
implementation of subparagraph (A) would con-
stitute a violation of the constitution of the
State; and
‘‘(ii) the State demonstrates to the satis-
faction of the Secretary—
‘‘(I) that the alcohol fatal crash in-
volvement rate in the State has decreased
in each of the 3 most recent calendar years
for which statistics for determining such
rate are available; and
‘‘(II) that the alcohol fatal crash in-
volvement rate in the State has been lower
than the average such rate for all States in
each of such calendar years.’’.
SEC. 249. PUBLIC TRANSIT FACILITIES.
Section 1023(h) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 is amended by striking ‘‘this
Act’’ each place it appears and inserting ‘‘the Department
135
HR 4385 EH
of Transportation and Related Agencies Appropriations
Act, 1993’’.
SEC. 250. ROADSIDE BARRIER TECHNOLOGY.
Section 1058 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (23 U.S.C. 109 note; 105
Stat. 2003) is amended—
(1) in subsection (a) by striking ‘‘median’’ and
inserting ‘‘or temporary crashworthy’’;
(2) in subsection (a) by inserting ‘‘crash-
worthy’’ after ‘‘Innovative’’;
(3) in the heading of subsection (c) by inserting
‘‘CRASHWORTHY’’ after ‘‘INNOVATIVE’’;
(4) in subsection (c) by inserting ‘‘crashworthy’’
after ‘‘innovative’’;
(5) in subsection (c) by striking ‘‘median’’;
(6) by inserting ‘‘or guiderail’’ after ‘‘guard-
rail’’; and
(7) by inserting before the period at the end of
subsection (c) ‘‘, and meets or surpasses the require-
ments of the National Cooperative Highway Re-
search Program 350 for longitudinal barriers’’.
SEC. 251. PENSACOLA, FLORIDA.
Section 1086(b) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2022) is amended
by striking ‘‘Not later than 2 years after the date of the
136
HR 4385 EH
enactment of this Act,’’ and inserting ‘‘On or before June
18, 1995,’’.
SEC. 252. HIGH COST BRIDGE PROJECTS.
The table contained in section 1103(b) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(105 Stat. 2027–2028) is amended—
(1) in item number 5, relating to Gloucester
Point, Virginia, by inserting after ‘‘York River’’ the
following: ‘‘and for repair, strengthening, and reha-
bilitation of the existing bridge’’; and
(2) in item number 10, relating to Shakopee,
Minnesota, by inserting ‘‘project, including the by-
pass of’’ after ‘‘replacement’’.
SEC. 253. CONGESTION RELIEF PROJECTS.
The table contained in section 1104(b) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(105 Stat. 2029–2031) is amended—
(1) in item number 10, relating to San Diego,
California, by striking ‘‘1 block of Cut and Cover
Tunnel on Rt. 15’’ and inserting ‘‘bridge decking on
Route 15’’; and
(2) in item number 43, relating to West Vir-
ginia, by striking ‘‘Coal Fields’’ and inserting ‘‘Coal-
fields’’.
137
HR 4385 EH
SEC. 254. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH-
WAY SYSTEM.
(a) EAST-WEST TRANSAMERICA CORRIDOR.—Section
1105(c)(3) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 2032) is amended by insert-
ing before the period at the end the following: ‘‘, including
(A) a Kentucky corridor centered on the cities of Paducah,
Benton, Hopkinsville, Bowling Green, Columbia, Somer-
set, London, Hazard, Jenkins, and Pikeville, Kentucky, to
Williamson, West Virginia, and (B) a West Virginia cor-
ridor from Williamson to the vicinity of Welch, West Vir-
ginia, sharing a common corridor with the I–73/74 cor-
ridor (referred to in item 12 of the table contained in sub-
section (f)), and from the vicinity of Welch to Beckley,
West Virginia, as part of the Coalfields Expressway de-
scribed in section 1069(v)’’.
(b) INDIANAPOLIS TO HOUSTON CORRIDOR.—Section
1105(c)(18) of such Act (105 Stat. 2032) is amended by
inserting before the period at the end the following: ‘‘, in-
cluding a Kentucky corridor centered on the cities of Hen-
derson, Sturgis, Smithland, Paducah, Bardwell, and Hick-
man, Kentucky’’.
SEC. 255. HIGH PRIORITY CORRIDOR PROJECTS.
The table contained in section 1105(f) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(105 Stat. 2033–2035) is amended—
138
HR 4385 EH
(1) in item 1, relating to Pennsylvania, by in-
serting after ‘‘For’’ the following: ‘‘the segment de-
scribed in item 6 of this table and, after completion
of such segment, for’’; and
(2) in item number 26, relating to Indiana,
Kentucky, Tennessee, by striking ‘‘Newberry’’ and
inserting ‘‘Evansville’’.
SEC. 256. RURAL ACCESS PROJECTS.
(a) PROJECT DESCRIPTIONS.—The table contained
in section 1106(a)(2) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2037–2042) is
amended—
(1) in item number 34, relating to Illinois, by
striking ‘‘Resurfacing’’ and all that follows through
‘‘Omaha’’ and inserting ‘‘Bel-Air Road improvement
from south of Carmi to State Route 141 in south-
eastern White County’’;
(2) in item number 52, relating to Bedford
Springs, Pennsylvania, by striking ‘‘and Hunting-
ton’’ and inserting ‘‘Franklin, and Huntingdon’’;
(3) in item number 61, relating to Lubbock,
Texas, by striking ‘‘with’’ and inserting ‘‘with Inter-
state 10 through’’;
(4) in item number 75, relating to Pennsylva-
nia, by striking ‘‘Widen’’ and all that follows
139
HR 4385 EH
through ‘‘lanes’’ and inserting ‘‘Road improvements
on a 14-mile segment of U.S. Route 15 in Lycoming
County, Pennsylvania’’;
(5) in item number 92, relating to Ohio, by
striking ‘‘Minerva, Ohio’’ and insert ‘‘Lisbon, Ohio’’;
(6) in item number 93, relating to New Mexico,
by striking ‘‘Raton-Clayton Rd., Clayton, New Mex-
ico’’ and inserting ‘‘U.S. Rt. 64/87 from Raton, New
Mexico, through Clayton to the Texas-New Mexico
State line’’; and
(7) in item number 111, relating to Parker
County, Texas (SH199)—
(A) by striking ‘‘Parker County’’ and in-
serting ‘‘Parker and Tarrant Counties’’; and
(B) by striking ‘‘to four-’’ and inserting
‘‘in Tarrant County, to freeway standards and
in Parker County to a 4-’’.
(b) ADDITIONAL FUNDING.—Section 1106(a) of such
Act is amended by adding at the end the following:
‘‘(8) ADDITIONAL
FUNDING.—In addition to
funds otherwise made available by this subsection
for the project described in item number 52 of the
table contained in paragraph (2), there shall be
available from the Highway Trust Fund (other than
the Mass Transit Account) for carrying out such
140
HR 4385 EH
project $5,000,000 for fiscal year 1995 and
$1,300,000 per fiscal year for each of fiscal years
1996 and 1997.’’.
SEC. 257. URBAN ACCESS AND MOBILITY PROJECTS.
The table contained in section 1106(b)(2) of the
Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2043–2047) is amended—
(1) in item number 13, relating to Joliet, Illi-
nois, by striking ‘‘and construction and interchange
at Houbolt Road and I–80’’; and
(2) in item number 36, relating to Compton,
California, by striking ‘‘For a grade’’ and all that
follows through ‘‘Corridor’’ and inserting ‘‘For grade
separations and other improvements in the city of
Compton, California’’.
SEC. 258. INNOVATIVE PROJECTS.
The table contained in section 1107(b) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(105 Stat. 2048–2059) is amended—
(1) in item 20, relating to Holidaysburg, Penn-
sylvania—
(A) by striking ‘‘Holidaysburg,’’ the first
place it appears; and
(B) by inserting ‘‘, or other projects in the
counties of Bedford, Blair, Centre, Franklin,
141
HR 4385 EH
and Huntingdon as selected by the State of
Pennsylvania’’ after ‘‘Pennsylvania’’ the second
place it appears;
(2) in item number 29, relating to Blacksburg,
Virginia, by inserting ‘‘methods of facilitating public
and private participation in’’ after ‘‘demonstrate’’;
(3) in item number 35, relating to Alabama, by
striking ‘‘to bypass’’ and all that follows through ‘‘I–
85’’ and inserting ‘‘beginning on U.S. Route 80 west
of Montgomery, Alabama, and connecting to I–65
south of Montgomery and I–85 east of Montgom-
ery’’;
(4) in item number 52, relating to Pennsylva-
nia, by striking ‘‘off Interstate’’ and all that follows
through ‘‘Pennsylvania’’ and inserting ‘‘and other
highway projects within a 30-mile vicinity of Inter-
state Route 81 or Interstate Route 80 in north-
eastern Pennsylvania’’;
(5) in item number 61, relating to Mojave, Cali-
fornia, 
by 
striking 
‘‘Mojave’’ 
and 
inserting
‘‘Victorville’’ and by inserting ‘‘Mojave’’ after ‘‘re-
construct’’;
(6) in item number 76, relating to Tennessee—
(A) by inserting after ‘‘I–81’’ the follow-
ing: ‘‘interchange at’’; and
143
HR 4385 EH
(B) by striking ‘‘$2.4’’ and inserting
‘‘$2.0’’; and
(C) by striking ‘‘$0.7’’ and inserting
‘‘$0.6’’;
(3) in item 38, relating to Provo, Utah, strike
‘‘South’’ and all that follows through ‘‘Airport’’ and
insert ‘‘East-West Connector from United States
Highway 89–189, Provo, Utah’’; and
(4) in item 51, relating to Long Beach, Califor-
nia, by inserting ‘‘(including a grade separation
project for the Los Alamitos traffic circle at Lake-
wood Boulevard and Pacific Coast Highway)’’ after
‘‘Access’’.
SEC. 260. MISCELLANEOUS INTERMODAL SURFACE TRANS-
PORTATION EFFICIENCY ACT AMENDMENTS.
(a) CROSS REFERENCE IN HIGHWAY USE TAX EVA-
SION PROGRAM.—Section 1040(a) of the Intermodal Sur-
face Transportation Efficiency Act of 1991 (23 U.S.C.
101 note; 105 Stat. 1992) is amended by striking ‘‘(e)’’
and inserting ‘‘(f)’’.
(b) REPORT TO CONGRESS ON QUALITY IMPROVE-
MENT.—Section 1043(b) of such Act (105 Stat. 1993) is
amended by inserting ‘‘General’’ after ‘‘Comptroller’’.
144
HR 4385 EH
(c) COALFIELDS EXPRESSWAY.—Section 1069(v) of
such Act (105 Stat. 2010) is amended by striking ‘‘97,
10, 16, and 93’’ and inserting ‘‘16, and 83’’.
(d) PERIOD OF AVAILABILITY OF FUNDS FOR MIS-
CELLANEOUS PROJECTS.—Section 1069 of such Act is
amended—
(1) by striking the last sentence of subsection
(y); and
(2) by adding at the end the following new sub-
section:
‘‘(ii) PERIOD OF AVAILABILITY.—Funds provided to
carry out this section shall remain available until ex-
pended.’’.
(e) FINAL RULE
FOR ROADSIDE BARRIERS
AND
SAFETY APPURTENANCES.—Section 1073(b) of such Act
(105 Stat. 2012) is amended by striking ‘‘1 year’’ and
inserting ‘‘2 years’’.
(f) INTERSTATE STUDY COMMISSION.—Section 1099
of such Act (105 Stat. 2026) is amended—
(1) by striking ‘‘bill’’ and inserting ‘‘Act’’;
(2) by striking ‘‘passage of this legislation’’ and
inserting ‘‘the enactment of this Act’’;
(3) by inserting after ‘‘Columbia’’ the second
place it appears the following: ‘‘appointed by the
Governors of the States of Maryland and Virginia
145
HR 4385 EH
and the Mayor of the District of Columbia, respec-
tively’’; and
(4) by striking ‘‘appointed by the Governors
and the Mayor’’ and inserting ‘‘, 1 each for Mary-
land, Virginia, and the District of Columbia ap-
pointed by the Governors and the Mayor, respec-
tively’’.
(g) DRUG RECOGNITION EXPERT TRAINING PRO-
GRAM.—Section 2006(b) of such Act (23 U.S.C. 403 note;
105 Stat. 2080) is amended by inserting ‘‘Federal’’ before
‘‘Advisory’’.
(h) APPLICABILITY
OF OBLIGATION CEILING
TO
CERTAIN HIGHWAY SAFETY PROGRAMS.—Section 2009
of such Act (105 Stat. 2080) is amended—
(1) by striking ‘‘(a) IN GENERAL.—’’;
(2) by striking ‘‘211(b)’’ the first place it ap-
pears and inserting ‘‘211’’;
(3) by striking ‘‘102’’ and inserting ‘‘1002’’;
and
(4) by striking subsection (b).
SEC. 261. DISADVANTAGED BUSINESS ENTERPRISE PRO-
GRAM.
In administering section 1003(b) of the Intermodal
Surface Transportation Efficiency Act of 1991, the limita-
tion on annual gross receipts of a small business concern
146
HR 4385 EH
set forth in paragraph (2)(A) of such section shall be the
only limitation on annual gross receipts which applies to
small business concerns.
SEC. 262. AMENDMENTS TO SURFACE TRANSPORTATION
AND 
UNIFORM 
RELOCATION 
ASSISTANCE
ACT OF 1987.
(a) SECTION 149.—Section 149(a)(69) of the Sur-
face Transportation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 191), relating to Burbank-Glen-
dale-Pasadena Airport, California, is amended—
(1) in the first sentence by striking ‘‘highway’’;
(2) in the first sentence by striking ‘‘and con-
struction of terminal and parking facilities at such
airport’’; and
(3) by striking ‘‘by making’’ in the second sen-
tence and all that follows through the period at the
end of such sentence and inserting: ‘‘by preparing a
feasibility study and conducting preliminary engi-
neering, design, and construction of a link between
such airport and the commuter rail system that is
being developed by the Los Angeles County Metro-
politan Transportation Authority.’’.
(b) SECTION 317.—Section 317(b) of such Act (49
U.S.C. App. 1608 note; 101 Stat. 233) is amended—
147
HR 4385 EH
(1) in paragraphs (2) and (3) by inserting ‘‘or
cooperative agreement’’ after ‘‘contract’’ each place
it appears; and
(2) by adding at the end the following new
paragraph:
‘‘(7) CONVERSION OF CONTRACTS.—The Sec-
retary may convert existing contracts entered into
under this subsection into cooperative agreements.’’.
SEC. 263. FREEWAY SERVICE PATROLS.
(a) GENERAL RULE.—Except to the extent that the
Secretary shall find that it is not feasible, any funds ex-
pended in a fiscal year directly or indirectly for freeway
service patrols from amounts made available to a State
under titles I and III of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 shall be expended with pri-
vately owned or privately operated business concerns. The
preceding sentence shall not apply to any publicly owned
or operated freeway service patrol that was in operation
before the date of the enactment of this Act.
(b) DEFINITION.—For purposes of this section, the
term ‘‘freeway service patrol’’ means automotive road
service vehicles and automotive towing vehicles operated
in a continuous, dedicated service as part of an incident
management program.
148
HR 4385 EH
SEC. 264. PAN AMERICAN HIGHWAY.
(a) STUDY.—The Secretary shall conduct a study on
the adequacy of and the need for improvements to the Pan
American Highway.
(b) ELEMENTS.—The study to be conducted under
subsection (a) shall at a minimum include the following
elements:
(1) Findings on the benefits of constructing a
highway at Darien Gap, Panama and Colombia.
(2) Recommendations for a self-financing ar-
rangement for completion and maintenance of the
Pan American Highway.
(3) Recommendations for establishing a Pan
American highway authority to monitor financing,
construction, maintenance, and operations of the
Pan American Highway.
(4) Findings on the benefits to trade and pros-
perity of a more efficient Pan American Highway.
(5) Findings on the benefits to United States
industry through the use of United States tech-
nology and equipment in construction of improve-
ments to the Pan American Highway.
(6) Findings on environmental considerations,
including environmental considerations relating to
the Darien Gap.
149
HR 4385 EH
(c) REPORT.—Not later than 2 years after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the study conducted
under this section.
SEC. 265. SECTION 3 PROGRAM AMENDMENTS.
(a) LETTERS OF INTENT.—Section 3(a)(4)(E) of the
Federal Transit Act (49 U.S.C. App. 1602(a)(4)(E)) is
amended—
(1) in the first sentence by striking ‘‘letters of
intent’’ and all that follows through ‘‘shall not ex-
ceed the’’ and inserting ‘‘letters of intent, early sys-
tems work agreements, and full funding grant agree-
ments shall not exceed the’’; and
(2) in the second sentence by striking ‘‘new let-
ters issued’’ and all that follows through ‘‘shall not
exceed any’’ and inserting ‘‘new letters issued and
contingent commitments included in early systems
work agreements and full funding agreements shall
not exceed any’’.
(b) ASSURED
TIMETABLE
FOR
FINAL
DESIGN
STAGE.—Section 3(a)(6)(C) of the Federal Transit Act
(49 U.S.C. App. 1602(a)(6)(C)) is amended by inserting
before the period at the end the following: ‘‘or, if an envi-
ronmental impact statement is not required for such
project, the date of completion of an environmental assess-
150
HR 4385 EH
ment for such project or of a finding of no significant im-
pact’’.
(c) 
OREGON
LIGHT
RAIL
PROGRAM.—Section
3(a)(8)(C)(v) of such Act is amended—
(1) by striking ‘‘Westside’’ the first place it ap-
pears;
(2) by striking ‘‘and’’ following ‘‘101–584;’’;
and
(3) by inserting before the period at the end the
following ‘‘; and the locally preferred alternative for
the 
South/North 
Corridor 
Project 
between
Clackamas County, Oregon, Portland, Oregon, and
Clark County, Washington’’.
(d) RAIL MODERNIZATION.—Section 3(h) of such Act
is amended in paragraph (6) by striking ‘‘paragraph’’ and
inserting ‘‘subsection’’.
(e) NONAPPLICABILITY.—Section 3(i)(5)(C) of such
Act is amended by striking ‘‘the Federal-Aid Highway Act
of 1991’’ and inserting the following: ‘‘title 23, United
States Code,’’.
(f) TRANSITIONAL PROVISION FOR PROGRAMS OF
INTERRELATED
PROJECTS.—Section 3011(b) of the
Intermodal Surface Transportation Efficiency Act of 1991
(49 U.S.C. App. 1602 note; 105 Stat. 2098) is amended
by inserting after ‘‘interrelated projects’’ the following:
151
HR 4385 EH
‘‘but excluding any project for which a timetable for
project review or for Federal funding is provided for by
a provision of law other than section 3(a)(6) of the Fed-
eral Transit Act and for which such timetable is different
than the timetable established by such section’’.
(g) CONFORMING AMENDMENTS.—Section 3007 of
the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2091) is amended—
(1) in paragraph (5)(B) by striking the comma
which precedes the closing quotation marks and the
semicolon; and
(2) in paragraph (6) by striking the comma
which precedes the closing quotation marks and the
final period.
SEC. 266. METROPOLITAN PLANNING.
(a) TECHNICAL AMENDMENTS.—Section 8 of the
Federal Transit Act (49 U.S.C. App. 1607) is amended—
(1) in subsection (f)(5) by inserting ‘‘of title 23,
United States Code’’ after ‘‘133’’;
(2) in subsection (f)(9) by striking ‘‘of this
title’’ and inserting ‘‘of such title’’;
(3) in subsection (f)(11) by inserting ‘‘pas-
sengers and’’ before ‘‘freight’’;
152
HR 4385 EH
(4) in subsection (g)(5) by redesignating sub-
paragraphs (i) and (ii) as subparagraphs (A) and
(B), respectively;
(5) in subsection (i)(3) by striking ‘‘this title
and the Federal Transit Act’’ and inserting ‘‘title
23, United States Code, and this Act’’;
(6) in subsection (i)(4) by striking ‘‘or pursuant
to the Federal Transit’’ and inserting ‘‘, or pursuant
to this’’;
(7) in subsection (i)(5) by inserting ‘‘of title 23,
United States Code,’’ after ‘‘section 134’’;
(8) in subsection (i)(5) by inserting ‘‘of such
title’’ after ‘‘104(b)(3)’’;
(9) in subsection (i)(5) by inserting ‘‘of such
title’’ after ‘‘133(d)(3)’’ each place it appears;
(10) in subsection (i)(5) by striking ‘‘the Fed-
eral Transit’’ the first 2 places it appears and in-
serting ‘‘this’’;
(11) in subsection (i)(5) by striking ‘‘section
8(o) of the Federal Transit Act’’ and inserting ‘‘sub-
section (o) of this section’’;
(12) in subsection (m)(1) by striking ‘‘or the
Federal Transit’’ and inserting ‘‘, or this’’;
153
HR 4385 EH
(13) in each of subsections (p)(2) and (p)(4) by
striking ‘‘section 8’’ the first place it appears and in-
serting ‘‘this section’’;
(14) in subsection (p)(2) by striking ‘‘section 8
of this Act’’ and inserting ‘‘this section’’;
(15) in subsection (p)(3) by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘paragraph (2)’’; and
(16) in subsection (p)(5) by striking ‘‘para-
graph’’ and inserting ‘‘section’’.
(b) FACTORS TO BE CONSIDERED.—Section 8(f) of
such Act is amended by adding at the end the following
new paragraph:
‘‘(16) Recreational travel and tourism.’’.
(c) LONG RANGE PLAN.—Section 8(g)(2)(B) of such
Act is amended by striking ‘‘long-range’’ and inserting
‘‘long range’’.
(d) TRANSFER OF FUNDS.—Section 8(k) of such Act
is amended by striking the last sentence.
(e) NONATTAINMENT AREA REQUIREMENTS.—Sec-
tion 8(l) of such Act is amended by striking ‘‘transit’’ and
inserting ‘‘highway’’.
SEC. 267. FORMULA GRANT PROGRAM.
(a) TRANSIT SECURITY SYSTEMS.—Section 9(e)(3)
of the Federal Transit Act (49 U.S.C. App. 1607a(e)(3))
is amended by inserting before ‘‘and any other’’ in the
154
HR 4385 EH
last sentence the following: ‘‘employing law enforcement
or security personnel in areas within or adjacent to such
systems;’’.
(b) 
GRANDFATHER
OF
CERTAIN
URBANIZED
AREAS.—Section 9(s)(2) of such Act is amended by strik-
ing ‘‘fiscal year 1993,’’ and inserting ‘‘each of fiscal years
1993 and 1994,’’.
(c) FERRYBOAT OPERATIONS.—For purposes of cal-
culating apportionments under section 9 of the Federal
Transit Act for fiscal years beginning after September 30,
1994, 50 percent of the ferryboat revenue vehicle miles
and 50 percent of the ferryboat route miles attributable
to service provided to the city of Avalon, California, for
which the operator receives public assistance shall be in-
cluded in the calculation of ‘‘fixed guideway vehicle reve-
nue miles’’ and ‘‘fixed guideway route miles’’ attributable
to the Los Angeles urbanized area under sections 9(b)(2)
and 15 of such Act.
SEC. 268. MASS TRANSIT ACCOUNT BLOCK GRANTS.
Section 9B(a) of the Federal Transit Act (49 U.S.C.
App. 1607a–2(a)) is amended by striking ‘‘subsections (b)
and (c) of’’.
SEC. 269. GRANTS FOR RESEARCH AND TRAINING.
(a) NATIONAL CENTER.—Section 11(b)(10)(A) of
the Federal Transit Act (49 U.S.C. 1607c(b)(10)(A)) is
155
HR 4385 EH
amended by striking ‘‘technology’’ and inserting ‘‘Tech-
nology’’.
(b) APPLICABILITY
OF OBLIGATION CEILING
TO
FUNDING
FOR
UNIVERSITY
TRANSPORTATION
CEN-
TERS.—Section 11(b)(12) of such Act is amended by
striking ‘‘102’’ and inserting ‘‘1002’’.
(c) UNIVERSITY RESEARCH INSTITUTES.—Section
11(c) of such Act is amended—
(1) in the heading to paragraph (1) by striking
‘‘INSTITUTE FOR NATIONAL’’ and inserting ‘‘INTER-
NATIONAL INSTITUTE FOR’’;
(2) in paragraph (1) by striking ‘‘an institute
for national’’ and inserting ‘‘an international insti-
tute for’’;
(3) in paragraph (3) by striking ‘‘through the
Institute for Transportation Research and Edu-
cation and’’ and inserting a comma;
(4) in paragraph (3) by inserting a comma
after ‘‘South Florida’’;
(5) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively;
(6) by inserting after paragraph (5) the follow-
ing:
‘‘(6) INSTITUTE FOR TRANSPORTATION POLICY
AND MANAGEMENT.—
156
HR 4385 EH
‘‘(A) GRANTS.—The Massachusetts State
highway department shall make grants under
this section jointly to the University of Massa-
chusetts, Harvard University, and the Massa-
chusetts Institute of Technology to establish
and operate an interdisciplinary institute to
carry out research and training on issues and
operations in urban transportation policy and
on strategies for the improvement of urban
transportation management and to disseminate
the findings thereof.
‘‘(B) FUNDING.—The Massachusetts State
highway 
department 
shall 
expend, 
from
amounts made available to it for each of the fis-
cal years 1995 through 1997 under section
307(c) of title 23, United States Code,
$1,000,000 per fiscal year to carry out the pur-
poses of this paragraph’’; and
(7) in paragraph (7) by striking ‘‘through the
Institute for Transportation Research and Edu-
cation’’.
SEC. 270. GENERAL PROVISIONS.
(a) CONTRACTING FOR ENGINEERING AND DESIGN
SERVICES.—Section 12(b) of the Federal Transit Act (49
157
HR 4385 EH
U.S.C. App. 1608(b)) is amended by adding at the end
the following new paragraph:
‘‘(5) SPECIAL RULES FOR ENGINEERING AND
DESIGN CONTRACTS.—
‘‘(A) PERFORMANCE
AND
AUDITS.—Any
contract or subcontract awarded in accordance
with paragraph (4), whether funded in whole or
in part with Federal transit funds, shall be per-
formed and audited in compliance with cost
principles contained in the Federal acquisition
regulations of part 31 of title 48 of the Code
of Federal Regulations.
‘‘(B) INDIRECT COST RATES.—Instead of
performing its own audits, a recipient of funds
under a contract or subcontract awarded in ac-
cordance with paragraph (4) shall accept indi-
rect cost rates established in accordance with
the Federal acquisition regulations for 1-year
applicable accounting periods by a cognizant
government agency or independent certified
public accountant if such rates are not cur-
rently under dispute. Once a firm’s indirect cost
rates are accepted, the recipient of such funds
shall apply such rates for the purposes of con-
tract estimation, negotiation, administration,
158
HR 4385 EH
reporting, and contract payment and shall not
be limited by administrative or de facto ceilings
in accordance with section 15.901(c) of such
title 48. A recipient of such funds requesting or
using the cost and rate data described in this
subparagraph shall notify any affected firm be-
fore such request or use. Such data shall be
confidential and shall not be accessible or pro-
vided, in whole or in part, to any other firm or
to any government agency which is not part of
the group of agencies sharing cost data under
this subparagraph, except by written permission
of the audited firm. If prohibited by law, such
cost and rate data shall not be disclosed under
any circumstances.
‘‘(C) STATE OPTION.—Subparagraphs (A)
and (B) shall take effect 2 years after the date
of the enactment of this paragraph with respect
to all States; except that if a State, during such
2-year period, adopts by statute an alternative
process intended to promote engineering and
design quality and ensure maximum competi-
tion by professional companies of all sizes pro-
viding engineering and design services, such
159
HR 4385 EH
subparagraphs shall not apply with respect to
such State.’’.
(b) RAIL TRACKAGE RIGHTS AGREEMENTS.—Section
12(c)(1) of such Act is amended by inserting ‘‘payments
for the capital portions of rail trackage rights agree-
ments,’’ after ‘‘rights-of-way,’’.
(c) TECHNICAL AMENDMENT.—The first sentence of
section 12(f)(1) of such Act is amended by striking ‘‘such
State of local’’ and inserting ‘‘such State or local’’.
(d) TURNKEY SYSTEM PROJECT.—Section 12(l) of
such Act is amended—
(1) in paragraph (1)(C) by striking ‘‘is’’ and in-
serting ‘‘may be’’; and
(2) in paragraph (3) by striking ‘‘the date of
the enactment of this Act’’ and inserting ‘‘the date
of the enactment of the Intermodal Surface Trans-
portation Efficiency Act of 1991’’.
(e) SALE OF CAPITAL ASSETS.—Section 12 of such
Act is further amended by adding at the end the following
new subsection:
‘‘(n) SALE OF CAPITAL ASSETS.—
‘‘(1) IN GENERAL.—If a recipient of assistance
under this Act determines that facilities and equip-
ment and other assets (including land) acquired, in
whole or in part, with such assistance are no longer
160
HR 4385 EH
needed for the purposes for which they were ac-
quired, the Secretary shall authorize the sale of the
assets with no further obligation to the Federal Gov-
ernment if the Secretary determines that—
‘‘(A) there are no purposes eligible for as-
sistance under this Act for which the asset
should be used; and
‘‘(B) the proceeds from the sale of the
asset will be used by the recipient to procure
items eligible for capital assistance under this
Act.
‘‘(2) RELATIONSHIP
TO
OTHER
LAWS.—The
provisions of this subsection shall be in addition to
and not in lieu of any other provision of law govern-
ing use and disposition of facilities and equipment
under an assistance agreement.’’.
SEC. 271. PERIOD OF AVAILABILITY AND REAPPORTION-
MENT OF SECTION 16 FUNDS.
Section 16 of the Federal Transit Act (49 U.S.C.
App. 1612) is amended—
(1) in subsection (b) by inserting ‘‘and’’ after
the semicolon at the end of paragraph (1);
(2) in subsection (b) by striking ‘‘; and’’ at the
end of paragraph (2) and inserting a period;
161
HR 4385 EH
(3) in subsection (b) by striking paragraph (3)
and inserting the following:
‘‘Eligible capital expenses under this subsection may in-
clude, at the option of the recipient, the acquisition of
transportation services under a contract, lease, or other
arrangement.’’;
(4) in subsection (c)(4) by striking ‘‘the enact-
ment of the Federal Transit Act’’ and inserting ‘‘the
date of the enactment of the Intermodal Surface
Transportation Efficiency Act of 1991’’;
(5) by adding at the end of subsection (c) the
following new paragraph:
‘‘(5) PERIOD OF AVAILABILITY.—Sums appor-
tioned under this subsection shall be available for
obligation by the State for a period of 2 years fol-
lowing the close of the fiscal year for which the sums
are apportioned and any amounts remaining unobli-
gated at the end of such period shall be
reapportioned among the States for the succeeding
fiscal year.’’;
(6) in subsection (e) by striking ‘‘handicapped
and elderly individuals’’ and inserting ‘‘elderly per-
sons and persons with disabilities’’; and
(7) in subsection (e) by striking ‘‘such individ-
uals’’ and inserting ‘‘such persons’’.
162
HR 4385 EH
SEC. 272. RURAL TRANSIT PROGRAM.
The second sentence of section 18(a) of the Federal
Transit Act (49 U.S.C. App. 1614(a)) is amended by
striking the final period.
SEC. 273. NONDISCRIMINATION.
Section 19 of the Federal Transit Act (49 U.S.C.
App. 1615) is amended—
(1) by striking ‘‘(1)’’ each place it appears;
(2) by redesignating paragraphs (2), (3), (4)
and (5) as subsections (b), (c), (d), and (e), respec-
tively;
(3) in subsection (c) as so redesignated—
(A) by striking ‘‘(A)’’ and inserting ‘‘(1)’’;
(B) by striking ‘‘(B)’’ and inserting ‘‘(2)’’;
(C) by striking ‘‘paragraph (a)’’ and in-
serting ‘‘paragraph (1)’’;
(D) by striking ‘‘(i)’’ and inserting ‘‘(A)’’;
(E) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’;
(F) by striking ‘‘(iii)’’ and inserting ‘‘(C)’’;
and
(G) by striking ‘‘(iv)’’ and inserting ‘‘(D)’’;
and
(4) in subsection (d) as so redesignated by
striking ‘‘(a)(3)(B)(ii)’’ and inserting ‘‘(c)(2)(B)’’.
163
HR 4385 EH
SEC. 274. AUTHORIZATIONS.
(a) FORMULA
GRANT
PROGRAM
FROM
TRUST
FUND.—Section 21(a)(1) of the Federal Transit Act (49
U.S.C. App. 1617(a)(1)) is amended—
(1) by striking ‘‘8 9B,’’ and inserting ‘‘6, 8,
9B, 10,’’; and
(2) by inserting ‘‘20,’’ after ‘‘18,’’.
(b) FORMULA GRANT PROGRAM FROM GENERAL
FUND.—Section 21(a)(2) of such Act is amended—
(1) by striking ‘‘8 9,’’ and inserting ‘‘6, 8, 9,
10,’’; and
(2) by inserting ‘‘20,’’ after ‘‘18,’’.
(c) SETASIDE FOR PLANNING, PROGRAMMING, AND
RESEARCH.—Section 21(c) of such Act is amended—
(1) by inserting ‘‘beginning after September 30,
1992,’’ after ‘‘each fiscal year’’;
(2) by striking ‘‘or appropriated’’ each place it
appears;
(3) in paragraph (3) by striking ‘‘the State pro-
gram under’’; and
(4) in paragraph (4) by striking ‘‘the national
program under’’.
(d) OTHER SETASIDES.—Section 21(d) of such Act
is amended by striking ‘‘or appropriated’’ each place it
appears.
164
HR 4385 EH
(e) COMPLETION OF INTERSTATE TRANSFER TRAN-
SIT PROJECTS.—Section 21(e) of such Act is amended by
striking ‘‘$160,000,000’’ and all that follows through the
period at the end and inserting ‘‘for fiscal years beginning
after September 30, 1991, not to exceed $324,843,000.
Such sums shall remain available until expended.’’.
SEC. 275. PROJECT MANAGEMENT OVERSIGHT.
Section 23 of the Federal Transit Act (49 U.S.C.
App. 1619) is amended—
(1) in subsection (a) by striking ‘‘or 18’’ and
inserting ‘‘and 18’’; and
(2) in subsection (h) by striking ‘‘subsections
(a) (1) through (5)’’ and inserting ‘‘subsection (a)’’.
SEC. 276. PLANNING AND RESEARCH PROGRAM.
(a) STATE PROGRAM.—Section 26(a) of the Federal
Transit Act (49 U.S.C. App. 1622(a)) is amended to read
as follows:
‘‘(a) ALLOCATION OF PLANNING FUNDS.—
‘‘(1) TRANSIT
COOPERATIVE
RESEARCH
PRO-
GRAM.—Fifty percent of the funds made available
under sections 21(b)(3)(D) and 21(c)(3) shall be
available for the transit cooperative research pro-
gram to be administered as follows:
‘‘(A) INDEPENDENT GOVERNING BOARD.—
The Secretary shall establish an independent
165
HR 4385 EH
governing board for such program to rec-
ommend such transit research, development,
and technology transfer activities as the Sec-
retary deems appropriate.
‘‘(B) NATIONAL ACADEMY OF SCIENCES.—
The Secretary may make grants to, and enter
into cooperative agreements with, the National
Academy of Sciences to carry out such activities
as the Secretary determines are appropriate.
‘‘(2) STATE PLANNING AND RESEARCH.—The
remaining 50 percent of funds made available under
sections 21(b)(3)(D) and 21(c)(3) shall be appor-
tioned to the States for grants and contracts consist-
ent with the purposes of sections 6, 8, 10, 11, and
20 of this Act in the ratio which the population in
urbanized areas in each State bears to the total pop-
ulation in urbanized areas in all the States, as
shown by the latest available decennial census, ex-
cept that no State shall receive less than 1⁄2 of 1
percent of the amount apportioned under this sub-
section. In any case in which a statewide transit
agency is responsible under State law for the financ-
ing, construction, and operation, directly, by lease,
contract, or otherwise, of statewide public transpor-
tation services, such agency shall be the recipient for
166
HR 4385 EH
receiving and dispensing funds under this para-
graph.
‘‘(3) ALLOCATION WITHIN A STATE.—A State
may authorize a portion of its funds made available
under paragraph (2) to be used to supplement funds
available under paragraph (1), as the State deems
appropriate.’’.
(b) NATIONAL PROGRAM.—Section 26(b) of such Act
is amended—
(1) in paragraph (1) by striking ‘‘section
21(c)(4)’’ and inserting ‘‘sections 21(b)(3)(E) and
21(c)(4)’’; and
(2) in paragraph (2) by inserting ‘‘annually’’
after ‘‘$2,000,000’’.
(c) PILOT PROJECT.—Section 26(c)(4) of such Act
is amended by striking ‘‘the date of the enactment of this
Act’’ each place it appears and inserting ‘‘the date of the
enactment of the Intermodal Surface Transportation Effi-
ciency Act of 1991’’.
SEC. 277. NEEDS SURVEY AND TRANSFERABILITY STUDY.
Section 27(b) of the Federal Transit Act (49 U.S.C.
App. 1623(b)) is amended—
(1) in paragraph (1) by striking ‘‘(3)’’;
(2) in paragraph (2) by striking ‘‘such sec-
tions’’ and inserting ‘‘section 9(j) of this Act’’; and
167
HR 4385 EH
(3) in paragraph (2) by striking ‘‘With’’ and in-
serting ‘‘with’’.
SEC. 278. STATE RESPONSIBILITY FOR RAIL FIXED GUIDE-
WAY SYSTEM.
Section 28 of the Federal Transit Act (49 U.S.C.
App. 1624(b)) is amended—
(1) in the section heading by inserting ‘‘RAIL’’
before ‘‘FIXED GUIDEWAY’’; and
(2) in subsection (b)(1) by inserting ‘‘rail’’ be-
fore ‘‘fixed guideway’’.
SEC. 279. NATIONAL TRANSIT INSTITUTE.
Section 29 of the Federal Transit Act (49 U.S.C.
App. 1625) is amended in the heading to subsection (b)
by striking ‘‘FUNDING’’ and inserting ‘‘TRAINING
OF
STATE AND LOCAL GOVERNMENT TRANSPORTATION PER-
SONNEL’’.
SEC. 280. INCREASED FEDERAL SHARE.
The Federal Transit Act (49 U.S.C. App. 1601–
1625) is amended by adding at the end the following new
section:
‘‘SEC. 30. INCREASED FEDERAL SHARE.
‘‘(a) STATES WITH LARGE AREAS OF INDIAN AND
CERTAIN PUBLIC DOMAIN LANDS.—In the case of any
State containing nontaxable Indian lands, individual and
tribal, and public domain lands (both reserved and unre-
168
HR 4385 EH
served) exclusive of national forests and national parks
and monuments, exceeding 5 percent of the total area of
all lands in the State, the Federal share which, but for
this subsection, would be applicable for any construction
project under this Act shall be increased by a percentage
of the remaining cost equal to the percentage that the area
of all such lands in the State is of its total area.
‘‘(b) STATES WITH LARGE AREAS OF INDIAN AND
PUBLIC
DOMAIN
LANDS
AND
NATIONAL
FORESTS,
PARKS, AND MONUMENTS.—In the case of any State con-
taining nontaxable Indian lands, individual and tribal,
public domain lands (both reserved and unreserved), na-
tional forests, and national parks and monuments, the
Federal share which, but for this subsection, would be ap-
plicable for any construction project under this Act shall
be increased by a percentage of the remaining cost equal
to the percentage that the area of all such lands in such
State is of its total area.
‘‘(c) 
MAXIMUM
SHARE.—Notwithstanding 
sub-
sections (a) and (b) of this section, the Federal share for
any construction project under this Act shall not exceed
95 percent of the total cost of such project.
‘‘(d) GRANT RECIPIENT AGREEMENT.—In any case
where a grant recipient elects to have the Federal share
provided in subsection (b) of this section, the grant recipi-
169
HR 4385 EH
ent must enter into an agreement with the Secretary cov-
ering a period of not less than 1 year, requiring grant re-
cipient to use solely for purposes eligible for assistance
(other than operating assistance) under this Act (other
than paying its share of projects approved under this Act)
during the period covered by such agreement the dif-
ference between the grant recipient’s share as provided in
subsection (b) and what its share would be if it elected
to pay the share provided in subsection (a) for all projects
subject to such agreement.’’.
SEC. 281. PERFORMANCE REPORTS ON MASS TRANSIT SYS-
TEMS.
Section 308(e)(1) of title 49, United States Code, is
amended by striking ‘‘January of each even-numbered
year’’ and inserting ‘‘January 1994, January 1995, and
January of each odd-numbered year thereafter’’.
SEC. 282. CROSS REFERENCE TO FEDERAL TRANSIT ACT.
Section 176 of the Clean Air Act (42 U.S.C. 7506)
is amended in each of subsections (c)(2) and (d) by strik-
ing ‘‘Urban Mass Transportation’’ each place it appears
and inserting ‘‘Federal Transit’’.
170
HR 4385 EH
SEC. 283. PARTICIPATION IN INTERNATIONAL REGISTRA-
TION PLAN AND INTERNATIONAL FUEL TAX
AGREEMENT.
Section 4008(j) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2155) is amended
by striking ‘‘102’’ in the second sentence and inserting
‘‘1002’’.
SEC. 284. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) OPERATIONAL
TESTING
PROJECTS.—Section
6055(d) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 2192–2193) is amended by
inserting ‘‘and enter into cooperative agreements and con-
tracts with’’ after ‘‘The Secretary may make grants to’’.
(b) FUNDING.—Section 6058 of such Act (105 Stat.
2194–2195) is amended—
(1) in the second sentence of subsection (d) by
striking ‘‘projects undertaken pursuant to subsection
(c) of this section’’ and inserting ‘‘activities under-
taken with funds made available under subsection
(b) and activities undertaken with funds subject to
subsection (c)’’;
(2) in subsection (e) by striking ‘‘102’’ and in-
serting ‘‘1002’’; and
(3) by adding at the end the following new sub-
section:
171
HR 4385 EH
‘‘(f) NONAPPLICABILITY OF OTHER REQUIREMENTS
OF LAW.—A person (including a public agency) that does
not receive assistance under title 23, United States Code,
the Federal Transit Act, or any provision of this Act
(other than the Intelligent Vehicle-Highway Systems Act
of 1991) shall not be subject to any Federal design stand-
ard, law, or regulation applicable to persons receiving such
assistance solely by reason of such person receiving assist-
ance under this section.’’.
SEC. 285. TITLE 49, UNITED STATES CODE, AMENDMENTS.
The analysis for chapter 1 of title 49, United States
Code, is amended—
(1) by striking ‘‘Sec. 110. Saint Lawrence Sea-
way Development Corporation.’’; and
(2) by striking ‘‘Sec. 111.’’ and inserting
‘‘111.’’.
SEC. 286. SURFACE TRANSPORTATION ASSISTANCE ACT OF
1982 AMENDMENTS.
(a) MOTOR CARRIER SAFETY GRANT PROGRAM.—
Section 402 of the Surface Transportation Assistance Act
of 1982 (49 U.S.C. App. 2302) is amended—
(1) by moving each of subparagraphs (H)
through (N) (including any clauses therein) 2 ems to
the left;
172
HR 4385 EH
(2) in subsection (b)(1)(N) by striking ‘‘give’’
and inserting ‘‘gives’’; and
(3) in subsection (d) by striking ‘‘3’’ and insert-
ing ‘‘5’’.
(b) CARGO CARRYING UNIT LIMITATION.—Section
411(j)(5)(D) of such Act (49 U.S.C. App. 2311(j)(5)(D))
is amended by striking ‘‘prohibited under’’ and inserting
‘‘subject to’’.
SEC. 287. COMMERCIAL MOTOR VEHICLE SAFETY ACT OF
1986 AMENDMENTS.
(a) SECTION 12011.—Section 12011 of the Commer-
cial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.
2710) is amended—
(1) in each of subsections (a) and (b) by strik-
ing ‘‘104(b)(5), and 104(b)(6)’’ and inserting
‘‘104(b)(3), and 104(b)(5)’’; and
(2) in subsection (c)(1)(A)(ii) by striking
‘‘104(b)(6)’’ and inserting ‘‘104(b)(3)’’.
(b) SECTION NUMBER REDESIGNATION.—Such Act
is further amended by redesignating the second section
12020, relating to violation of out-of-service orders, as
12021.
173
HR 4385 EH
SEC. 288. CLEVELAND HARBOR, OHIO.
Section 1079 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2018–2019) is
amended—
(1) by striking the semicolon at the end of sub-
section (b) and inserting a period; and
(2) in subsection (d)—
(A) by striking ‘‘279.31 feet’’ and insert-
ing ‘‘269.31 feet’’;
(B) by striking ‘‘127.28 feet’’ and insert-
ing ‘‘137.28 feet’’;
(C) by striking the comma following ‘‘Grid
System’’;
(D) by striking ‘‘33°¥53′¥08′′ east’’ the
first 
place 
it 
appears 
and 
inserting
‘‘33°¥53′¥08′′ west’’;
(E) by striking ‘‘north-westerly’’ and in-
serting ‘‘northwesterly’’; and
(F) by striking ‘‘174,764 square feet
(4.012 acres)’’ and inserting ‘‘175,143 (4.020
acres)’’.
SEC. 
289. 
OTHER 
INTERMODAL 
SURFACE 
TRANSPOR-
TATION 
EFFICIENCY 
ACT 
TECHNICAL
AMENDMENTS.
(a) SOUTHERN FLORIDA COMMUTER RAIL.—Section
3014 of Intermodal Surface Transportation Efficiency Act