“AMENDMENTS SUBMITTED” published by Congressional Record on March 9, 1998

Volume 144, No. 23 covering the 2nd Session of the 105th Congress (1997 - 1998) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“AMENDMENTS SUBMITTED” mentioning the Department of Interior was published in the Senate section on pages S1570-S1655 on March 9, 1998.

The publication is reproduced in full below:

AMENDMENTS SUBMITTED

______

THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1998

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COLLINS AMENDMENTS NOS. 1730-1732

(Ordered to lie on the table.)

Ms. COLLINS submitted three amendments intended to be proposed by her to amendment No. 1676 proposed by Mr. Chafee to the bill (S. 1173) to authorize funds for construction of highways, for highway safety, and for mass transit programs, and for other purposes; as follows:

Amendment No. 1730

At the appropriate place, insert the following:

SEC. 18____. FUNDING TRANSFER.

Section 1103(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027) is amended in item 9 of the table by inserting ``, Topsham-Brunswick Bypass, and improvements to the Carlton Bridge in Bath-Woolwich'' after

``Bridge''.

____

Amendment No. 1731

On page 106, line 15, strike ``$70,000,000'' and insert

``$75,000,000''.

On page 107, line 3, insert ``(including projects using structures made from wood fiber reinforced plastic hybrid composites)'' after ``bridge''.

On page 107, line 6, insert ``(including projects using structures made from wood fiber reinforced plastic hybrid composites)'' after ``bridge''.

On page 123, line 25, strike ``may'' and insert ``shall''.

On page 124, line 22, insert ``(including reconstruction through use of structures made from wood fiber reinforced plastic hybrid composites)'' after ``reconstruct''.

____

Amendment No. 1732

On page 320, line 8, insert ``, including technology relating to wood fiber reinforced plastic hybrid composites'' before the semicolon.

On page 343, line 22, insert ``(including technologies that rely on wood fiber reinforced plastic hybrid composites)'' after ``corrosion''.

On page 346, strike lines 15 through 18 and insert the following:

$10,000,000 for fiscal year 1998, $14,000,000 for fiscal year 1999, $18,000,000 for fiscal year 2000, and $20,000,000 for each of fiscal years 2001 through 2003.

On page 368, line 11, strike ``and''.

On page 368, line 14, strike the period and insert ``; and''.

On page 368, between lines 14 and 15, insert the following:

``(4) the implementation of bridge structures made from wood fiber reinforced plastic hybrid composites.

On page 369, line 1, strike ``$50,000,000'' and insert

``$60,000,000''.

On page 370, line 19, insert ``, including structures made from wood fiber reinforced plastic hybrid composites'' after

``applications''.

On page 373, strike lines 9 through 14 and insert the following:

``(i) $15,000,000 for fiscal year 1998;

``(ii) $25,000,000 for fiscal year 1999;

``(iii) $30,000,000 for fiscal year 2000; and

``(iv) $35,000,000 for each of fiscal years 2001 through 2003.

______

GORTON AMENDMENT NO. 1733

(Ordered to lie on the table.)

Mr. GORTON submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 99, line 22, strike ``and''.

On page 99, between lines 22 and 23, insert the following:

(J) the level of traffic delays at at-grade highway crossings of major rail lines in the trade corridor for which application for the grant is made; and

On page 99, line 23, strike ``(J)'' and insert ``(K)''.

On page 101, between lines 9 and 10, insert the following:

(i) In general.--For each fiscal year, not less than 25 percent of the amounts made available under paragraph (5) shall be used to make grants to improve transport and supporting infrastructure, and construct new infrastructure, in trade corridors experiencing serious delays in the movement of people and goods.

(ii) Consideration of cost-effectiveness.--In selecting States, metropolitan planning organizations, and projects to receive infrastructure construction grants under this subparagraph, the Secretary shall consider the cost-effectiveness of the proposed construction, including--

(I) the volume of commercial and noncommercial highway and rail traffic that would benefit from the construction;

(II) the speed with which the grant recipient would commence the construction; and

(III) the level of matching funds available for the construction from State, local, and private sources.

On page 101, strike lines 21 through 24 and insert the following:

(5) Authorization of contract authority.--

(A) In general.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $125,000,000 for each of fiscal years 1998 through 2003.

(B) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project under this subsection shall be determined in accordance with subsection (f).

______

BOND AMENDMENT NO. 1734

(Ordered to lie on the table.)

Mr. BOND submittted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place in subtitle H of title I, insert the following:

SEC. 18____. SENSE OF SENATE CONCERNING THE OPERATION OF

LONGER COMBINATION VEHICLES.

(a) Findings.--Congress finds that--

(1) section 127(d) of title 23, United States Code, contains a prohibition that took effect on June 1, 1991, concerning the operation of certain longer combination vehicles, including certain double-trailer and triple-trailer trucks;

(2) reports on the results of recent studies conducted by the Federal Government describe, with respect to longer combination vehicles--

(A) problems with the adequacy of rearward amplification braking;

(D) speed differentials that occur while climbing or accelerating; and

(3) surveys of individuals in the United States demonstrate that an overwhelming majority of residents of the United States oppose the expanded use of longer combination vehicles.

(b) Longer Combination Vehicle Defined.--In this section, the term ``longer combination vehicle'' has the meaning given that term in section 127(d)(4) of title 23, United States Code.

(c) Sense of the Senate.--It is the sense of the Senate that the prohibitions and restrictions under section 127(d) of title 23, United States Code, as in effect on the date of enactment of this Act, should not be amended so as to result in any less restrictive prohibition or restriction.

______

CLELAND AMENDMENT NO. 1735

(Ordered to lie on the table.)

Mr. CLELAND submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the end of subtitle H of title I, add the following:

SEC. 18____. ADDITIONS TO APPALACHIAN REGION.

Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the undesignated paragraph relating to Georgia--

(1) by inserting ``Elbert,'' after ``Douglas,''; and

(2) by inserting ``Hart,'' after ``Haralson,''.

______

HOLLINGS AMENDMENTS NOS. 1736-1737

(Ordered to lie on the table.)

Mr. HOLLINGS submitted two amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1736

On page 129, beginning with line 1 strike through line 23 on page 133, and insert the following: shall not apply to any driver of a utility service vehicle during an emergency period of not more than 30 days declared by an elected State or local government official under paragraph (2) in the area covered by the declaration.

``(2) Declaration of Emergency.--The regulations described in subparagraphs (A), (B), and (C) of paragraph (1) do not apply to the driver of a utility service vehicle operated--

``(A) in the area covered by an emergency declaration under this paragraph; and

``(B) for a period of not more than 30 days designated in that declaration, issued by an elected State of local government official (or jointly by elected officials of more than one State or local government), after notice to the Regional Director of the Federal Highway Administration with jurisdiction over the area covered by the declaration.

``(3) Incident report.--Within 30 days after the end of the declared emergency period the official who issued the emergency declaration shall file with the Regional Director a report of each safety-related incident or accident that occurred during the emergency period involving--

``(A) a utility service vehicle driver to which the declaration applied; or

``(B) a utility service vehicle to the driver of which the declaration applied.

``(4) Definitions.--For purposes of this subsection--

``(A) Driver of a utility service vehicle.--The term

`driver of a utility service vehicle' means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note).

``(B) Utility service vehicle.--The term `utility service vehicle' has the meaning given that term in section 345(e)(6) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note).''.

(b) Continued Application of Safety and Maintenance Requirements.--

(1) In general.--The amendment made by subsection (a) may not be construed--

(A) to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or

(B) to exempt any driver of a utility service vehicle from any applicable provision of law (including any regulation) established for the issuance, maintenance, or periodic renewal of a commercial driver's license for that driver.

(2) Definitions.--For purposes of this subsection--

(A) Commercial driver's license.--The term ``commercial driver's license'' has the meaning given that term in section 31301(3) of title 49, United States Code.

(B) Driver of a utility service vehicle.--The term ``driver of a utility service vehicle'' has the meaning given that term in section 31502(e)(2)(A) of title 49, United States Code, as added by subsection (a).

(C) Regulation.--The term ``regulation'' has the meaning given that term in section 31132(6) of title 49, United States Code.

(D) Utility service vehicle.--The term ``utility service vehicle'' has the meaning given that term in section 345(e)(6) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note).

____

Amendment No. 1737

On page 50, beginning with line 18, strike through line 14 on page 51 and insert the following:

SEC. 3208. SPECIAL PERMITS, PILOT PROGRAMS, AND EXCLUSIONS.

(a) Section 5117 is amended--

(1) by striking the section heading and inserting the following:

``Sec. 5117. Special permits, pilot programs, and exclusions'';

(2) by striking ``exemption'' each place it appears and inserting ``special permit'';

(3) by inserting ``authorizing variances'' after ``special permit'' the first place it appears;

(4) in subsection (a)(2), by striking ``2'' and inserting

``4'';

(5) by redesignating subsection (d) as subsection (e), and by inserting after subsection (c) the following:

``(d) Authority to Carry out Pilot Programs.--

``(1) In general.--The Secretary is authorized to carry out pilot programs to examine innovative approaches or alternatives to regulations issued under this chapter. The Secretary may carry out pilot programs unless the Secretary determines pilot programs would pose an undue risk to public health and safety.

``(2) Safety levels.--In carrying out a pilot project under this subsection, the Secretary shall require, as a condition of approval of the project, that the safety measures in the project are designed to achieve a level of safety that is equivalent to, or greater than, the level of safety that would otherwise be achieved through compliance with the standards prescribed under this chapter.

``(3) Termination of project.--The Secretary shall immediately terminate any project entered into under this subsection if the motor carrier or other entity to which it applies fails to comply with the terms and conditions of the pilot project or the Secretary determines that the project has resulted in a lower level of safety than was maintained before the project was initiated.''.

(b) Section 5119(c) is amended by adding at the end the following:

``(4) Pending promulgation of regulations under this subsection, States may participate in a program of uniform forms and procedures recommended by the working group under subsection (b).''.

(c) The chapter analysis for chapter 51 is amended by striking the item related to section 5117 and inserting the following:

``5117. Special permits, pilot programs, and exclusions.''.

______

SARBANES AMENDMENTS NOS. 1738-1739

(Ordered to lie on the table.)

Mr. SARBANES submitted two amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1738

At the end of subtitle H of title I, add the following:

SEC. 18____. SALE OF MERCHANDISE AT SIDELING HILL VISITOR

CENTER, MARYLAND.

(a) In General.--Notwithstanding section 111 of title 23, United States Code, the State of Maryland may offer merchandise for sale at the Sideling Hill Visitor Center on Interstate Route 68 in Maryland.

(b) Types of Merchandise.--

(1) In general.--Merchandise offered for sale under subsection (a) shall be limited to items specifically related to the Sideling Hill site and to memorabilia concerning the State of Maryland.

(2) Relationship to vending machine operations.--The sale of merchandise under subsection (a) shall not compete with the vending machine operations being conducted at the center as of the date of enactment of this Act.

(c) Use of Revenues.--Revenues from the sale of merchandise under subsection (a) may be used only to pay for operating costs of the center.

____

Amendment No. 1739

At the end of subtitle H of title I, add the following:

SEC. 18____. CONTINUANCE OF COMMERCIAL OPERATIONS AT CERTAIN

SERVICE PLAZAS IN THE STATE OF MARYLAND.

(a) Waiver.--Notwithstanding section 111 of title 23, United States Code, and the agreements described in subsection (b), at the request of the Maryland Transportation Authority, the Secretary shall allow the continuance of commercial operations at the service plazas on the John F. Kennedy Memorial Highway on Interstate Route 95.

(b) Agreements.--The agreements referred to in subsection

(a) are agreements between the Department of Transportation of the State of Maryland and the Federal Highway Administration concerning the highway described in subsection

(a).

______

BREAUX (AND LANDRIEU) AMENDMENTS NOS. 1740-1743

(Ordered to lie on the table.)

Mr. BREAUX (for himself and Ms. Landrieu) submitted for amendments intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1740

On page 309, strike line 3 and insert the following: designated Route.

SEC. 18____. IDENTIFICATION OF HIGH PRIORITY CORRIDOR ROUTES

IN LOUISIANA.

Section 1105 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031) is amended--

(1) in subsection (c)(1)--

(A) by striking ``Corridor from Kansas'' and inserting the following: ``Corridor--

``(A) from Kansas'';

(B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ``; and''; and

``(B) from Shreveport, Louisiana, along Interstate Route 49 to Lafayette, Louisiana, and along United States Route 90 to the junction with Interstate Route 10 in New Orleans, Louisiana.''; and

(2) in subsection (e)(5)(A), by inserting ``in subsection

(c)(1)(B),'' after ``routes referred to''.

____

Amendment No. 1741

On page 318, strike line 15 and insert the following: fiscal year for which the funds are authorized.''.

SEC. 2002A. UNIVERSITY OF NEW ORLEANS INTERMODAL

TRANSPORTATION PLANNING AND POLICY CENTER.

(a) In General.--In addition to establishing the university transportation centers under subsections (a) and (b) of section 5241 of title 49, United States Code (as added by section 2003 of this Act), the Secretary shall enter into such arrangements as are necessary to assist the University of New Orleans in establishing an Intermodal Transportation Planning and Policy Center (referred to in this subsection as the ``Center'').

(b) National University Transportation Center.--The Secretary shall designate the Center as a university transit center for purposes of section 5241 of title 49, United States Code.

(1) In general.--The Center shall serve as the lead institution in a consortium of the entities described in paragraph (2).

(2) Consortium.--At a minimum, the consortium with respect to which the Center serves as lead agency shall consist of--

(A) the Center;

(B) the National Ports and Waterways Institute of Louisiana State University;

(D) the Louisiana Transportation Research Center.

____

Amendment No. 1742

On page 220, line 14, strike ``and''.

On page 220, line 17, strike the period and insert ``; and''.

On page 220, between lines 17 and 18, insert the following:

``(iii) a Gulf Coast high speed railway corridor (as designated by the Secretary).

____

Amendment No. 1743

At the appropriate place in subtitle H of title I, insert the following:

SEC. 18____. USE OF CERTAIN TRUCKS FOR HAULING SUGARCANE.

Section 127(a) of title 23, United States Code, is amended by adding at the end the following: ``The State of Louisiana may allow, by special permit, the operation of vehicles with a gross weight of not more than 100,000 pounds for the hauling of sugarcane during the harvest season of sugarcane. A special permit issued under the preceding sentence shall be issued for a period not to exceed 100 days per year.''.

______

BREAUX (AND OTHERS) AMENDMENT NO. 1744

(Ordered to lie on the table.)

Mr. BREAUX (for himself, Ms. Landrieu, Mr. Robb, Mr. Kempthorne, and Mr. Craig) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 414, strike line 18 and insert the following: App.).''.

SEC. 2103A. COOPERATIVE RESEARCH ON INTELLIGENT

TRANSPORTATION SYSTEMS BY THE LOUISIANA STATE

UNIVERSITY MEDICAL CENTER NEUROSCIENCE CENTER

OF EXCELLENCE, THE GEORGE WASHINGTON

UNIVERSITY/VIRGINIA RESEARCH INSTITUTE, AND THE

NATIONAL CENTER FOR ADVANCED TRANSPORTATION

TECHNOLOGIES AT THE UNIVERSITY OF IDAHO.

(a) Definitions.--In this section:

(1) Crash analysis.--The term ``crash analysis'' means advanced testing and crash simulations that address deficiencies in the use of available airbag technology, including--

(A) crash pulse measurement by airbag triggering sensors;

(B) the development of a smart algorithm to dictate appropriate deployment conditions to minimize potential injuries;

(D) the development of a model to identify preventive measures of neural damage;

(E) the development of a combination of car-to-car, car-to-barrier, and sled tests using advanced computer simulation to thoroughly analyze current problems; and

(F) the conducting of full-scale car-to-car tests of speeds up to 70 miles per hour with--

(i) offsets in the 20 to 100 percent range; and

(ii) impact angles with a range between 0 and 90 degrees; and

(G) the use of a programmable sled test that is capable of reproducing a variety of crash pulses from repeatable crash tests with active restraint systems that use different anthropomorphic test dummy sizes, typed to gender and percentile.

(2) Post-crash research.--The term ``post-crash research'' means research that addresses post-crash injury control, including--

(A) an automatic crash notification system that sends a message to emergency medical service personnel to alert the personnel to severe crashes, including severe crashes that require immediate medical attention;

(B) the development of advanced sensors that are capable of identifying and locating crash victims in need of time-critical emergency care; and

(C) the development of post-crash pharmaceutical strategies for acute neuroprotection and the promotion of repair and regeneration of neural cells to allow victims of crashes to lead productive lives.

(3) Pre-crash analysis.--The term ``pre-crash analysis'' means the use of driver and vehicle technologies that are designed to ensure that any intelligent systems that are subsequently developed and implemented will be effective when used by all drivers of automobiles (including identifying preventive measures of neurological damages, including redesigning seat-passenger and driver compartments to prevent or limit damage to the eye, inner ear, head, peripheral nerves, and the spinal cord).

(b) Grant Agreement.--As part of the comprehensive program described in section 524 of title 23, United States Code, as added by section 2103 of this Act, the Secretary shall offer to enter into a grant agreement with the appropriate officials of the George Washington University/Virginia Research Institute, the Louisiana State University Medical Center Neuroscience Center of Excellence, and the National Center for Advanced Transportation Technologies at the University of Idaho to carry out an innovative research project (as that term is used in section 524(b)(4) of title 23, United States Code) to--

(1) accelerate the deployment of technology to improve motor vehicle safety systems;

(2) accelerate the deployment of smart air bags (as that term is defined by the Secretary); and

(3) develop medical technologies to prevent and minimize head and spinal cord injuries.

(c) Research Emphasis.--The research conducted pursuant to the grant agreement referred to in subsection (b) shall emphasize pre-crash analysis, crash analysis, and post-crash research that takes into consideration the effects of humans, motor vehicles, and the environment.

(d) Funding.--

(1) In general.--Of the funds made available under section 524(f) of title 23, United States Code, to carry out this section, the Secretary shall use--

(A) $15,000,000 for fiscal year 1998; and

(B) $12,000,000 for each of fiscal years 1999 through 2003.

(2) Availability of funds.--Notwithstanding section 524(f)(2) of title 23, United States Code, the funds made available for use under paragraph (1) shall remain available until expended. For purposes of section 524(b)(4)(B) of title 23, United States Code, the research project under this section shall be considered to be an innovative research project.

______

FEINSTEIN AMENDMENTS NOS. 1745-1746

(Ordered to lie on the table.)

Mrs. FEINSTEIN submitted two amendments intended to be proposed by her to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1745

On page 309, between lines 3 and 4, insert the following:

SEC. 18____. SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE

ASSESSMENT.

(a) In General.--The Secretary shall conduct a comprehensive assessment of the state of the transportation infrastructure on the southwest border between the United States and Mexico (referred to in this section as the

``border'').

(b) Consultation.--In carrying out subsection (a), the Secretary shall consult with--

(1) the Secretary of State;

(2) the Attorney General;

(3) the Secretary of the Treasury;

(4) the Administrator of the Environmental Protection Agency;

(5) the Commandant of the Coast Guard;

(6) the Administrator of General Services;

(7) the American Commissioner on the International Boundary Commission, United States and Mexico;

(8) State agencies responsible for transportation and law enforcement in border States; and

(9) municipal governments and transportation authorities in sister cities in the border area.

(1) assess--

(A) the flow of commercial and private traffic through designated ports of entry on the border;

(B) the adequacy of transportation infrastructure in the border area, including highways, bridges, railway lines, and border inspection facilities;

(C) the adequacy of law enforcement and narcotics abatement activities in the border area, as the activities relate to commercial and private traffic; and

(D) future demands on transportation infrastructure in the border area; and

(2) make recommendations to facilitate legitimate cross-border traffic in the border area, while maintaining the integrity of the border.

(d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the assessment conducted under this section, including any related legislative and administrative recommendations.

____

Amendment No. 1746

On page 59, between lines 17 and 18, insert the following:

``(4) Use of youth conservation or service corps.--The Secretary shall encourage States, in carrying out activities funded under this section, to enter into contracts and cooperative agreements with youth conservation or service corps that are certified by the National Association of Service and Conservation Corps.

On page 158, strike line 4 and insert the following: 100 percent.

``(D) Use of youth conservation or service corps.--The Secretary shall encourage States, in carrying out transportation enhancement activities funded from the allocation required by subsection (d)(2), to enter into contracts and cooperative agreements with youth conservation or service corps that are certified by the National Association of Service and Conservation Corps.''.

______

JOHNSON (AND OTHERS) AMENDMENT NO. 1747

(Ordered to lie on the table.)

Mr. JOHNSON (for himself, Mr. Thomas, Mr. Levin, and Mr. Allard) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place, insert the following:

SEC. . MINIMUM GUARANTEE OF TRANSIT PROGRAM FUNDS.

Section 5338 of title 49, United States Code, is amended by adding at the end the following:

``(o) Minimum Guarantee of Transit Program Funds.--

``(1) Set-aside required.--For each fiscal year beginning after September 30, 1997, after providing for any allocation or set-asides under subsection

(g) or (h) of this section, but before completing distribution of other amounts made available or appropriated under subsections (a) and (b) of this section, the Secretary shall set aside, and shall distribute to each State, in addition to amounts otherwise distributed to the State (or to its political subdivisions) to carry out sections 5307, 5309, 5310, and 5311, the amount described in paragraph (2)(B).

``(2) Calculation.--

``(A) Definition of minimum guarantee threshold amount.--In this subsection, the term `minimum guarantee threshold amount' means, with respect to a State for a fiscal year, the amount equal to--

``(i) total amount made available or appropriated to all States and political subdivisions under sections 5307, 5309, 5310, and 5311 for that fiscal year; multiplied by

``(ii) 70 percent of the percentage contribution of estimated tax payments allocated to the Mass Transit Account under section 9503(e) of the Internal Revenue Code of 1986 in the latest fiscal year for which data are available, that are attributable to highway users in the State.

``(B) Amount.--Subject to subparagraph (C) and any other limitations set forth in this subsection, the amount described in this subparagraph is the amount, if it is a positive number, that, if added to the total amount distributed to the State (and its political subdivisions) under sections 5307, 5309, 5310, and 5311 for that fiscal year, is equal to the minimum guarantee threshold amount.

``(C) Limitation.--The maximum amount distributed to a State under this subsection shall not exceed $12,500,000.

``(3) Source of funds.--

``(A) In general.--Amounts required to be set aside and distributed to States under this subsection in any fiscal year--

``(i) may be obtained from any amounts under section 5309 that are made available or appropriated to the Secretary for funding this subsection or for distribution at the discretion of the Secretary in the fiscal year; or

``(ii) if not, shall be obtained by proportionately reducing amounts that would otherwise be made available or appropriated under subsections (a) and (b) of this section, for sections 5307, 5309, and 5311, to those States and political subdivisions for which the total amount distributed under sections 5307, 5309, 5310, and 5311 in that fiscal year is greater than 1.05 times--

``(I) the total amount made available or appropriated to all States and political subdivisions under sections 5307, 5309, 5310, and 5311, in that fiscal year; multiplied by

``(II) the percentage contribution of estimated tax payments allocated to the Mass Transit Account under section 9503(e) of the Internal Revenue Code of 1986 in the latest fiscal year for which data are available that are attributable to highway users in the State.

``(B) Proportionate reductions from different sources.--The Secretary shall apply reductions under subparagraph (A) proportionately to amounts made available from the Mass Transit Account and to amounts appropriated or made available from other sources.

``(C) Other rules on application of reductions.--

``(i) In general.--Reductions otherwise required by subparagraph (A) may be taken against the amounts that otherwise would be distributed to any State or political subdivision thereof only to the extent that making those reductions would not--

``(I) reduce the total amount distributed to the State and its political subdivisions under sections 5307, 5309, 5310, and 5311 to less than the greater of--

``(aa) 90 percent of the total of amounts distributed to the State and its political subdivisions under those sections in fiscal year 1997; or

``(bb) the minimum guarantee threshold amount for the State for the fiscal year at issue; or

``(II) reduce the total amount distributed to a State or political subdivision that, prior to application of this subsection, would receive a total amount less than the greater of the amount specified by item (aa) or (bb) of subclause (I).

``(ii) Proportionate reductions.--In the event of the applicability of clause (i), the Secretary shall obtain the remainder of the amounts required to be distributed to States under the minimum guarantee required by this subsection proportionately from those States, including political subdivisions, to which subparagraph (A) applies, and to which clause (i) of this subparagraph does not apply.

``(D) Proportionate reduction in case of insufficient funds.--If the application of subparagraphs (A) and (C) would provide funds in an amount less than the amount described in paragraph (2), the Secretary shall distribute to the State, in lieu of the amount that otherwise would be distributed under paragraph (2), an amount equal to--

``(i) the amount otherwise required under paragraph (2); multiplied by

``(ii) the quotient of--

``(I) the amount obtained by application of subparagraphs

(A) and (C); and

``(II) the amount required under paragraph (2) to be provided to all States.

``(4) Attribution of amounts.--For the purposes of calculations under this subsection, with respect to attributing to individual States any amounts distributed to political subdivisions that are multi-State entities, the Secretary shall attribute those amounts to individual States, based on such criteria as the Secretary may adopt by rule, except that, for purposes of calculations made during the 12-month period beginning on the date of enactment of this subsection, the Secretary may attribute those amounts to individual States before adopting a rule.

``(5) Use and availability.--

``(A) In general.--Amounts distributed to a State under this subsection may be used for any purpose eligible for assistance under this chapter and shall remain available until expended.

``(B) City and community transit funding increase guarantee.--

``(i) In general.--No less than fifty percent of the amount distributed to a State under this subsection shall be distributed by the State to each entity in the State, including the State itself, that, in the immediately preceding fiscal year, received funds directly from the Secretary under section 5307, 5309, 5310, or 5311.

``(ii) Allocation.--In carrying out clause (i), the Secretary shall distribute to each entity described in that clause an amount equal to the ratio between--

``(I) the total amount of funds received by the entity under sections 5307, 5309, 5310, and 5311 in the immediately preceding fiscal year; and

``(II) the total amount of funds received by all entities described in clause (i) in the State under those sections in that fiscal year.

``(iii) Use of amounts by state.--The portion of funds that the State distributes to itself pursuant to clause (ii), as a result of the receipt of funds directly from the Secretary under section 5311 in the immediately preceding fiscal year, may be used by the State only in areas and for purposes that are eligible under section 5311.

``(6) Treatment of certain amounts.--For purposes of sections 5323(a)(1)(D) and 5333(b), amounts distributed to a State under this subsection that are, in turn, awarded by the Secretary--

``(A) under section 5311, if the subgrantee does not serve an urbanized area; and

``(B) directly to the subgrantee under section 5307, if the subgrantee serves an urbanized area.

______

ROBB AMENDMENT NO. 1748

(Ordered to lie on the table.)

Mr. ROBB submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the end of the amendment, add the following:

TITLE ____--REGIONAL TRANSPORTATION IMPROVEMENT

Subtitle A--Metropolitan Washington Regional Transportation

SEC. ____001. SHORT TITLE.

This subtitle may be cited as the ``Metropolitan Washington Regional Transportation Act''.

SEC. ____002. FINDINGS.

Congress finds that--

(1) congestion is a serious problem in the metropolitan Washington region, as evidenced by recent studies that have found that only the city of Los Angeles is more congested and that congestion costs each man, woman, and child in the region more than $800 per year in lost time, wasted fuel, and environmental damage;

(2) in the past, regional leaders have successfully worked together to address important transportation needs, through such institutions as the Metropolitan Washington Airports Authority, the Washington Metropolitan Area Transit Authority, and the National Capital Region Transportation Planning Board at the Metropolitan Washington Council of Governments;

(3) even greater regional cooperation is needed to prevent congestion in the metropolitan Washington region from worsening, in light of predictions that, for the period of 1990 through 2020, there will be a 43 percent increase in population, a 43 percent increase in employment, and a 79 percent increase in vehicle miles traveled, in the region;

(4) while transportation needs will grow significantly over the next decades, spending is expected to fall short of transportation needs by more than $500,000,000 per year, even with expected increases in Federal and State spending;

(5) none of the existing metropolitan-wide transportation agencies within the metropolitan Washington region have the necessary powers, authorities, and resources to meet the current and future transportation needs of the region;

(6) the failure to meet the transportation needs of the metropolitan Washington region will undermine the quality of life of the residents of the region, degrade the natural environment, and adversely affect the ability of Federal agencies and private sector businesses to operate effectively and efficiently;

(7) the transportation challenges faced by the metropolitan Washington region are unique and deserve the attention of Congress because of the presence of the Federal Government within the region and because of the intersection of 3 jurisdictions, consisting of 2 States and the District of Columbia, within a single metropolitan area;

(8) the National Capital Region Transportation Planning Board at the Metropolitan Washington Council of Governments, the designated metropolitan planning organization for planning and programming Federal transit and highway funds provided to the metropolitan Washington region, is updating the long-range plan for the region to meet transportation needs in the coming decades; and

(9) with Federal assistance, the Board can more effectively promote regional agreement on how to finance and implement its long-range plan to meet the transportation needs of the metropolitan Washington region.

SEC. ____003. PURPOSES.

The purposes of this subtitle are--

(1) to assist the Board in developing a means to finance and implement its long-range plan;

(2) to establish a corporation to provide short-term funding and implementation of the long-range plan;

(3) to empower the Board to consult with the metropolitan Washington region jurisdictions and the public to achieve consensus on long-range financing and implementation of the long-range plan; and

(4) to grant consent to the metropolitan Washington region jurisdictions to enter into an interstate compact or agreement to facilitate action on regional transportation needs.

SEC. ____004. DEFINITIONS.

In this subtitle:

(1) Board.--The term ``Board'' means the National Capital Region Transportation Planning Board at the Metropolitan Washington Council of Governments.

(2) Corporation.--The term ``Corporation'' means the Metropolitan Washington Regional Transportation Corporation established by section ____006(b).

(3) Metropolitan washington region; region.--The term

``metropolitan Washington region'' or ``region'' means the area that is--

(A) located in the area including and surrounding Washington, District of Columbia; and

(B) under the jurisdiction of the members of the Board.

(4) Metropolitan washington region jurisdiction.--The term

``metropolitan Washington region jurisdiction'' means a jurisdiction represented by a member of the Board.

(5) Signatory.--The term ``Signatory'' means a metropolitan Washington region jurisdiction that enters into an interstate agreement or compact under section ____006(c).

SEC. ____005. DUTIES OF THE BOARD.

(a) Duties.--

(1) In general.--The Board shall--

(A)(i) propose regional funding mechanisms to finance and implement its long-range plan;

(ii) update its long-range plan to reflect additional revenue provided by the regional funding mechanisms;

(iii) manage the Corporation; and

(iv) propose an interstate compact or agreement, including a list of regional transportation projects and a means of funding and implementation of the projects;

(B) provide notice and opportunity for comment on its efforts under this title by metropolitan Washington region jurisdictions and the public;

(D) promote cooperative action by metropolitan Washington region jurisdictions on regional transportation issues; and

(E) assist metropolitan Washington region jurisdictions in developing an interstate compact or agreement to better meet regional transportation needs.

(2) Limitations.--The Board shall not have the power to--

(A) impose a tax; or

(B) preempt any Federal, State, or local law (including a regulation).

(b) Board Support.--The Board may use staff of the Board and employ such additional personnel and agents as are necessary to carry out this subtitle, including public outreach staff to meet the public participation requirements of titles 23 and 49, United States Code.

(1) develop and publish a first draft proposal for regional funding mechanisms and means to implement its long-range plan not later than 210 days after the date of enactment of this Act;

(2) provide an opportunity for public comment on the first draft proposal during the period beginning on the date of publication of the first draft proposal and ending not earlier than 90 days after that date; and

(3) develop and publish a final proposal not later than August 1, 2000, and provide an opportunity for ratification of the final proposal by metropolitan Washington region jurisdictions.

(d) Planning Process.--In carrying out this subtitle, the Board shall--

(1) comply with the planning requirements of titles 23 and 49, United States Code; and

(2)(A) ensure that the public has a full opportunity to participate in the planning process; and

(B) work with citizen advisory committees representing all points of view, including business, environmental, transportation, senior citizens, and neighborhood associations.

SEC. ____006. IMPLEMENTATION OF LONG-RANGE PLAN FOR THE

METROPOLITAN WASHINGTON REGION.

(a) Sense of Congress.--It is the sense of Congress that--

(1)(A) the transportation needs of the metropolitan Washington region are urgent; and

(B) delay in responding to the needs may increase congestion, reduce the quality of life, degrade the natural environment, and hinder economic development in the region;

(2) Congress can assist the region in meeting transportation needs by establishing a Metropolitan Washington Regional Transportation Corporation with the power to begin the initial financing and implementation of the long-range plan of the Board;

(3) Congress can assist the region in meeting transportation needs by providing expedited congressional approval of an interstate compact or agreement on financing and implementation of the long-range plan of the Board; and

(4) the Board and the metropolitan Washington region jurisdictions should consider the full range of options for such an interstate compact or agreement, including establishment of--

(A) an independent authority with the power to issue bonds and levy fees;

(B) an intergovernmental authority with revenue from government contributions; and

(C) an intergovernmental authority with the power to manage regional revenues collected through 1 or more regional funding mechanisms.

(b) Metropolitan Washington Regional Transportation Corporation.--

(1) Establishment.--There is established the Metropolitan Washington Regional Transportation Corporation.

(2) General powers.--

(A) In general.--The Corporation shall be a body corporate and politic, and an instrumentality of the Board, having the powers and jurisdiction described in this subtitle and such additional powers as are conferred on the Corporation by the Board, to the extent that the additional powers are consistent with this subtitle.

(B) Administration.--The Corporation shall be governed in accordance with this subtitle and shall be subject to such other provisions as the Board determines appropriate.

(3) General limitations.--Except as otherwise specifically provided in this subtitle, the Corporation shall not have the power to--

(A) impose a tax; or

(B) preempt any Federal, State, or local law (including a regulation).

(4) Duties.--The Corporation shall manage the initial funding and implementation of the long-range plan updated by the Board under section ____005(a).

(5) Public accountability.--

(A) Public notice and participation.--The Corporation shall be subject to the requirements of chapter 5 of title 5, United States Code, concerning public notice of, and participation at, all meetings of the Corporation.

(B) Freedom of information act.--The Corporation shall be considered to be an agency for the purpose of compliance with requests under section 552 of title 5, United States Code.

(6) Powers.--The Corporation shall have the power--

(A) to acquire personal and real property (including land lying under water and riparian rights), or any easement or other interest in real property, by purchase, lease, gift, transfer, or exchange;

(B) to apply for and accept any property, material, service, payment, appropriation, grant, gift, loan, advance, or other fund that is transferred or made available to the Corporation by the Federal Government or by any other public or private entity or individual;

(C) to borrow money on a short-term basis and issue notes of the Corporation for the borrowing payable on such terms and conditions as the Corporation considers advisable, and to issue long-term or short-term bonds in the discretion of the Corporation for any purpose consistent with this subtitle, which notes and bonds--

(i) shall not constitute--

(I) a debt of the United States (or any political subdivision of the United States); or

(II) a general obligation of a metropolitan Washington region jurisdiction (or any political subdivision of a metropolitan Washington region jurisdiction), unless consented to by the jurisdiction (or political subdivision); and

(ii) may be secured solely by the general revenues of the Corporation or by other revenues in the discretion of the Corporation;

(D) to fix or revise any reasonable toll, sales tax, or other charge, subject to the consent of the Signatories;

(E) to permit single-occupancy vehicles to travel on high-occupancy lanes in the region upon payment of a toll, if--

(i) the toll can be implemented in a way that does not reduce the volume of traffic; and

(ii) the Board consents to use the toll revenues for regional transportation projects;

(F) to enter into any contract or agreement necessary or appropriate to the performance of the duties of the Corporation;

(G) to enter into partnerships or grant concessions between the public and private sectors for the purpose of--

(i) financing, constructing, maintaining, improving, or operating regional transportation facilities in the metropolitan Washington region; or

(ii) fostering development of a new transportation technology;

(H) to obtain any necessary Federal authorization, permit, or approval for the construction, repair, maintenance, or operation of regional transportation facilities in the metropolitan Washington region;

(I) to adopt an official seal and alter the seal, as the Corporation considers appropriate;

(J) to appoint 1 or more advisory committees;

(K) to sue and be sued in the name of the Corporation;

(L) to carry out or contract with other entities to carry out such maintenance of traffic activities during construction of regional transportation facilities in the metropolitan Washington region as are considered to be necessary by the Corporation to properly manage traffic and minimize congestion, such as public information campaigns, improvements designed to encourage appropriate use of alternative routes, use of high occupancy vehicles and transit services, and deployment and operation of intelligent transportation system technologies; and

(M) to carry out any activity necessary or appropriate to the exercise of the powers or performance of the duties of the Corporation under this subtitle and under any interstate compact or agreement relating to the Corporation that is consistent with this subtitle, if the activity is coordinated and consistent with the transportation planning process implemented by the metropolitan planning organization for the metropolitan Washington region under section 134 of title 23, United States Code, and section 5303 of title 49, United States Code.

(1) In general.--Subject to paragraph (2), 1 or more of the metropolitan Washington region jurisdictions may enter into an interstate compact or agreement to finance and implement the long-range plan of the Board, if consent is granted by--

(A) the department of transportation of each State that enters into the compact or agreement; and

(B) if the District of Columbia enters into the compact or agreement, the Department of Public Works of the District of Columbia.

(2) Requirements.--The interstate compact or agreement shall--

(A) include a list of regional transportation projects and a regional funding mechanism to fund the projects; and

(B) include a time limit of not more than 1 year for approval by the metropolitan Washington region jurisdictions.

(3) Expedited approval.--An interstate compact or agreement described in paragraph (1) shall be deemed to have the consent of Congress unless Congress enacts a law denying consent to the compact or agreement within 60 days after the date of approval of the compact or agreement by the Signatories.

SEC. ____007. MAINTENANCE OF FUNDING AND EFFORT.

The funding provided under any regional transportation program developed under this subtitle shall supplement (and not supplant) other Federal, State, and local transportation funding for the metropolitan Washington region jurisdictions. In using funds provided under this subtitle, a metropolitan Washington region jurisdiction shall maintain the expenditures of the jurisdiction for transportation in the metropolitan Washington region, at a level equal to not less than the level of the expenditures maintained by the jurisdiction for the fiscal year preceding the fiscal year for which the funds are received.

SEC. ____008. REPORTS.

The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--

(1) not later than 1 year after the date of enactment of this Act, an interim report on the progress of the Board in developing cooperative transportation plans and regional funding mechanisms to meet transportation needs in the metropolitan Washington region; and

(2) not later than 3 years after the date of enactment of this Act, a final report on the results of the actions of the Board in developing cooperative transportation plans and regional funding mechanisms to meet transportation needs in the metropolitan Washington region.

SEC. ____009. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this subtitle $300,000 for each of fiscal years 1998 through 2000, of which not less than--

(1) $100,000 shall be used by the Board for salaries and administrative expenses of experts in financing and developing interstate compacts or agreements; and

(2) $200,000 shall be used by the Board to support a collaborative planning process, to disseminate information to the public, and to pay the salaries and administrative expenses of public outreach staff.

Subtitle B--Regional Transportation Improvement Grants and Assistance

SEC. ____101. FINDINGS.

Congress finds that--

(1) the process of developing interstate agreements on transportation planning and funding is difficult and costly and hinders regional cooperation;

(2) the lack of regional action to meet transportation needs is harmful to the long-term growth of regional economies and to the United States as a whole; and

(3) Federal incentives can promote regional cooperation to address transportation needs across the United States.

SEC. ____103. TIFIA ASSISTANCE FOR REGIONAL PROJECTS

DEVELOPED BY MULTISTATE METROPOLITAN PLANNING

ORGANIZATIONS.

Notwithstanding any other provision of law, an eligible project selected under section ____102 shall be eligible for financial assistance provided under the Transportation Infrastructure Finance and Innovation Act of 1997, including loans, loan guarantees, and lines of credit.

______

TORRICELLI AMENDMENTS NOS. 1749-1750

(Ordered to lie on the table.)

Mr. TORRICELLI submitted two amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1749

On page 223, strike lines 4 through 18 and insert the following:

(1) in subsection (a)--

(A) by striking ``(a) Each'' and inserting the following:

``(a) In General.--

``(1) Program.--Each'';

(B) by inserting ``, bicyclists,'' after ``motorists''; and

``(2) Hazards.--In carrying out paragraph (1), a State may--

``(A) identify through a survey hazards to motorists, users of public transportation, bicyclists, pedestrians, and individuals who live or work near transportation facilities; and

``(B) develop and implement projects and programs to address the hazards.'';

(2) in subsection (b), by striking ``highway safety improvement project'' and inserting ``safety improvement project, including a project described in subsection (a)'';

(3) in subsection (c), by striking ``on any public road

(other than a highway on the Interstate System).'' and inserting the following: ``on--

``(1) any public road;

``(2) any public transportation vehicle or facility, any publicly owned bicycle or pedestrian pathway or trail, or any other facility that the Secretary determines to be appropriate; or

``(3) any traffic calming measure.'';

(4) by redesignating subsection (h) as subsection (i); and

(5) by inserting after subsection (g) the following:

``(h) Consultation.--Funds made available under subsection

(e) shall be obligated only after consultation with county and local transportation entities.''.

____

Amendment No. 1750

At the appropriate place, insert the following:

SEC. ____. NATIONAL ESTUARY PROGRAM.

(a) Grants.--Section 320(g) of the Federal Water Pollution Control Act (33 U.S.C. 1330(g)) is amended by striking paragraphs (2) and (3) and inserting the following:

``(2) Purposes.--Grants under this subsection shall be made to pay for assisting activities necessary for the development and implementation of a comprehensive conservation and management plan under this section.

``(3) Federal share.--The Federal share of a grant to any person (including a State, interstate, or regional agency or entity) under this subsection for a fiscal year--

``(A) shall not exceed--

``(i) 75 percent of the annual aggregate costs of the development of a comprehensive conservation and management plan; and

``(ii) 50 percent of the annual aggregate costs of the implementation of the plan; and

``(B) shall be made on condition that the non-Federal share of the costs are provided from non-Federal sources.''.

(b) Authorization of Appropriations.--Section 320(i) of the Federal Water Pollution Control Act (33 U.S.C. 1330(i)) is amended by striking ``$12,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991'' and inserting

``$50,000,000 for each of fiscal years 1999 through 2004''.

______

BAUCUS AMENDMENT NO. 1751

(Ordered to lie on the table.)

Mr. BAUCUS submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, as follows:

On page 159, between lines 6 and 7, insert the following:

(d) Definition of Transportation Enhancement Activities.--Section 101(a) of title 23, United States Code, is amended in the undesignated paragraph defining ``transportation enhancement activities''--

(1) by striking ``scenic or historic highway programs,'' and inserting ``scenic or historic highway programs

(including the provision of tourist and welcome center facilities),''

______

CAMPBELL (AND OTHERS) AMENDMENTS NO. 1752

(Ordered to lie on the table.)

Mr. CAMPBELL (for himself, Mrs. Moseley-Braun, and Mr. Graham) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place in the bill, insert the following:

SEC. . LIMITATIONS.

(a) Prohibition on Lobbying Activities.--(1) No funds authorized in this title shall be available for any activity to build support for or against, or to influence the formulation, or adoption of State or local legislation, unless such activity is consistent with previously-existing Federal mandates or incentive programs.

(b) Nothing in this section shall prohibit officers or employees of the United States or its departments or agencies from testifying before any State or local legislative body upon the invitation of such legislative body.

______

COVERDELL AMENDMENT NO. 1753

(Ordered to lie on the table.)

Mr. COVERDELL submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place in subtitle H of title I, insert the following:

SEC. 18____. FOOD SIGNS.

(a) In General--Beginning on the day after the date of enactment of this Act, a food business that operates 6 days a week may display a mainline business logo on a FOOD sign described in section 2G-5.7(4) of part IIG of the 1988 edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, if the food business--

(1) purchases and has installed under the mainline business logo on the FOOD sign a sign that meets the requirements of subsection (b); and

(2) meets the applicable requirements for displaying a FOOD sign contained in that manual, other than the requirement relating to the number of days of operation.

(b) Requirements for Sign Positioned Under the Mainline Business Logo of a FOOD Sign.--A sign positioned under a mainline business logo referred to in subsection (a) meets the requirements of this subsection if that sign--

(1) has a blue background;

(2) has a 6-inch white legend and white border; and

(3) indicates the day of the week on which the food business is closed.

______

DOMENICI AMENDMENTS NOS. 1754-1756

(Ordered to lie on the table.)

Mr. DOMENICI submitted three amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1754

At the appropriate place, insert the following:

SEC. ____. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

(a) Commercial Zone Defined.--In this section, the term

``commercial zone'' means a zone containing lands adjacent to, and commercially a part of, 1 or more municipalities with respect to which the exception described in section 13506(b)(1) of title 49, United States Code, applies.

(b) Designation of Zone.--

(1) In general.--The area described in paragraph (2) is designated as a commercial zone, to be known as the ``New Mexico Commercial Zone''.

(2) Description of area.--The area described in this paragraph is the area that is comprised of Dona Ana County and Luna County in New Mexico.

(c) Savings Provision.--Nothing in this section shall affect any action commenced or pending before the Secretary of Transportation or Surface Transportation Board before the date of enactment of this Act.

____

Amendment No. 1755

On page 385, line 13, strike ``and'' after the semicolon.

On page 385, line 17, strike the period and insert a semicolon.

On page 385, between lines 17 and 18, insert the following:

``(15) to promote the deployment of new intelligent transportation system technologies at international ports of entry into the United States to detect and deter illegal narcotic smuggling; and

``(16) to promote the deployment of intelligent transportation systems to expedite the movement of commercial cargo through international ports of entry into the United States.

____

Amendment No. 1756

On page 320, strike lines 11 and 12 and insert the following:

``(I) surface transportation safety;

``(J) infrastructure finance studies; or

``(K) development and testing of innovative technologies for bridge construction and nondestructive evaluation.

______

DOMENICI (AND OTHERS) AMENDMENT NO. 1757

(Ordered to lie on the table.)

Mr. COVERDELL (for himself, Mr. Inouye, Mr. Bingaman, and Mr. Johnson) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place, insert the following:

SEC. ____. FUNDING FOR INDIAN RURAL TRANSIT PROGRAM.

Section 5311 of title 49, United States Code, is amended by adding at the end the following:

``(k) Indian Reservation Rural Transit Program.--

``(1) In general.--Of amounts made available under section 5338(a) to carry out this section in each fiscal year,

$10,000,000 shall be available for grants to Indian tribes

(as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) in accordance with this section for transportation projects in areas other than urbanized areas.

``(2) Formula allocation.--Amounts made available under paragraph (1) shall be allocated among Indian tribes--

``(A) with respect to fiscal years 1998, 1999, and 2000 by the Administrator of the Federal Transit Administration; and

``(B) with respect to each fiscal year thereafter, in accordance with a formula, which shall be established by the Secretary, in consultation with Indian tribes, not later than October 1, 2000.''.

______

HUTCHINSON AMENDMENT NO. 1758

(Ordered to lie on the table.)

Mr. HUTCHINSON submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 110, strike lines 22 and 23 and insert the following:

``(5) Required allocation for certain states.--

``(A) Allocation.--For each of fiscal years 1998 through 2003, the Secretary shall allocate on October 1, to States eligible under subparagraph (B), for use for projects described in paragraph (1), $5,000,000 of the amounts set aside under paragraph (1) from amounts to be apportioned under subsection (b)(1)(A).

``(B) Eligible states.--A State shall be eligible for an allocation under subparagraph (A) for a fiscal year if--

``(i) the State ranks among the lowest 10 percent of States in a ranking of States by per capita personal income;

``(ii) for the State, the ratio that--

``(I) the State's estimated percentage of total Federal-aid highway program apportionments for the period of fiscal years 1998 through 2003 under this title; bears to

``(II) the percentage of estimated total tax receipts attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) for the period of fiscal years 1998 through 2003;

is less than 1.00, as of the date of enactment of this subsection; and

``(iii)(I) the State's estimated percentage of total Federal-aid highway program apportionments for the period of fiscal years 1998 through 2003 under this title, as of the date of enactment of this subsection; is less than

``(II) the State's percentage of total Federal-aid highway program apportionments and Federal lands highways program allocations under the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914), and allocations under sections 1103 through 1108 of that Act, for the period of fiscal years 1992 through 1997.

``(C) Additional allocation.--An allocation to a State under subparagraph (A) shall be in addition to any allocation to the State under paragraph (1).

``(6) Period of availability of discretionary funds.--Amounts made available under''.

______

ROTH AMENDMENT NO. 1759

(Ordered to lie on the table.)

Mr. ROTH submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the end of the bill add the following:

TITLE ____--REVENUE

SEC. __001. SHORT TITLE; AMENDMENT OF 1986 CODE.

(a) Short Title.--This title may be cited as the

``Intermodal Surface Transportation Revenue Act of 1998''.

(b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.

SEC. __002. EXTENSION AND MODIFICATION OF HIGHWAY-RELATED

TAXES AND TRUST FUND.

(a) Extension of Taxes and Exemptions.--

(1) The following provisions are each amended by striking

``1999'' each place it appears and inserting ``2005'':

(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax on certain buses).

(B) Section 4041(a)(2)(B) (relating to rate of tax on special motor fuels), as amended by section 907(a)(1) of the Taxpayer Relief Act of 1997.

(C) Section 4041(m)(1)(A) (relating to certain alcohol fuels), as amended by section 907(b) of the Taxpayer Relief Act of 1997.

(D) Section 4051(c) (relating to termination).

(E) Section 4071(d) (relating to termination).

(F) Section 4081(d)(1) (relating to termination).

(G) Section 4221(a) (relating to certain tax-free sales).

(H) Section 4481(e) (relating to period tax in effect).

(I) Section 4482(c)(4) (relating to taxable period).

(J) Section 4482(d) (relating to special rule for taxable period in which termination date occurs).

(K) Section 4483(g) (relating to termination of exemptions).

(L) Section 6156(e)(2) (relating to section inapplicable to certain liabilities).

(M) Section 6412(a) (relating to floor stocks refunds).

(2) The following provisions are each amended by striking

``2000'' each place it appears and inserting ``2007'':

(A) Section 4041(b)(2)(C) (relating to termination).

(B) Section 4041(k)(3) (relating to termination).

(D) Section 4091(c)(5) (relating to termination).

(3) Section 6412(a) (relating to floor stocks refunds) is amended by striking ``2000'' each place it appears and inserting ``2006''.

(4) Section 6427(f)(4) (relating to termination) is amended by striking ``1999'' and inserting ``2007''.

(5) Section 40(e)(1) (relating to termination) is amended--

(A) by striking ``December 31, 2000'' and inserting

``December 31, 2007'', and

(B) by striking subparagraph (B) and inserting the following:

``(B) of any fuel for any period before January 1, 2008, during which the rate of tax under section 4081(a)(2)(A) is 4.3 cents per gallon.''.

(6) Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) are amended in the effective period column by striking ``10/1/2000'' each place it appears and inserting ``10/1/2007''.

(b) Extension and Modification of Highway Trust Fund.--

(1) Extension.--Section 9503 (relating to Highway Trust Fund) is amended--

(A) in subsection (b)--

(i) in paragraph (1), as amended by section 1032(e)(13) of the Taxpayer Relief Act of 1997--

(I) by striking ``1999'' and inserting ``2005'',

(II) by striking subparagraph (C),

(III) in subparagraph (D), by striking ``and tread rubber'', and

(IV) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E), respectively,

(ii) in paragraph (2), by striking ``1999'' each place it appears and inserting ``2005'' and by striking ``2000'' and inserting ``2006'',

(iii) in the heading of paragraph (2), by striking

``october 1, 1999'' and inserting ``october 1, 2005'', and

(iv) in subparagraphs (E) and (F) of paragraph (4), as amended by section 901(a) of the Taxpayer Relief Act of 1997, by striking ``1999'' and inserting ``2005'', and

(B) in subsection (c), as amended by section 9(a)(1) of the Surface Transportation Extension Act of 1997--

(i) in paragraph (1)--

(I) by striking ``1998'' and inserting ``2003'',

(II) in subparagraph (C), by striking ``or'' at the end,

(III) in subparagraph (D), by striking ``1991.'' and inserting ``1991, or'',

(IV) by inserting after subparagraph (D) the following:

``(E) authorized to be paid out of the Highway Trust Fund under the Intermodal Surface Transportation Efficiency Act of 1998.'', and

(V) by striking the last sentence and inserting the following:

``In determining the authorizations under the Acts referred to in the preceding subparagraphs, such Acts shall be applied as in effect on the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1998.'',

(ii) in paragraph (2)(A)(i)--

(I) by striking ``2000'' and inserting ``2006'',

(II) in subclause (II), by adding ``and'' at the end,

(III) in subclause (IV), by striking ``1999'' and inserting

``2005'', and

(IV) by striking subclause (III) and redesignating subclause (IV) as subclause (III),

(iii) in paragraph (2)(A), by striking clause (ii) and inserting the following:

``(ii) the credits allowed under section 34 (relating to credit for certain uses of fuel) with respect to fuel used before October 1, 2005.'',

(iv) in paragraph (3)--

(I) by striking ``July 1, 2000'' and inserting ``July 1, 2006'', and

(II) by striking the heading and inserting ``Floor stocks refunds'',

(v) in paragraph (4)(A)--

(I) in clause (i), by striking ``1998'' and inserting

``2003'', and

(II) in clause (ii), by adding at the end the following new flush sentence:

``In making the determination under subclause (II) for any fiscal year, the Secretary shall not take into account any amount appropriated from the Boat Safety Account in any preceding fiscal year but not distributed.'', and

(vi) in paragraph (5)(A), by striking ``1998'' and inserting ``2003''.

(2) Limitation on expenditures.--

(A) In general.--Section 9503(c) (relating to expenditures from Highway Trust Fund), as amended by subsection (d)(2)(A), is amended by inserting after paragraph (5) the following:

``(6) Limitation on expenditures from highway trust fund.--

``(A) In general.--Except as provided in subparagraph (B), no expenditure shall be made from the Highway Trust Fund unless such expenditure is permitted under a provision of this title. The determination of whether an expenditure is so permitted shall be made without regard to--

``(i) any provision of law which is not contained or referenced in this title and which is not contained or referenced in a revenue Act, and

``(ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.

``(B) Exception for prior obligations.--Subparagraph (A) shall not apply to any expenditure to liquidate any contract entered into, or for any amount otherwise obligated, in accordance with the provisions of this section before October 1, 2003.''.

(B) Transfer of taxes to trust fund terminated if expenditure limitation violated.--Section 9503(b)(4)

(relating to certain taxes not transferred to Highway Trust Fund), as amended by subsection (b)(1)(A)(iv), is amended--

(i) in subparagraph (E), by striking ``or'' at the end,

(ii) in subparagraph (F), by striking the period at the end and inserting ``, or'', and

(iii) by adding at the end the following:

``(G) any provision described in paragraph (1) on and after the date of any expenditure not permitted by subsection

(c)(6).''.

(1) In general.--Subsection (h) of section 40 (relating to alcohol used as fuel) is amended to read as follows:

``(h) Reduced Credit for Ethanol Blenders.--

``(1) In general.--In the case of any alcohol mixture credit or alcohol credit with respect to any sale or use of alcohol which is ethanol during calendar years 2001 through 2007--

``(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied by substituting `the blender amount' for `60 cents',

``(B) subsection (b)(3) shall be applied by substituting

`the low-proof blender amount' for `45 cents' and `the blender amount' for `60 cents', and

``(C) subparagraphs (A) and (B) of subsection (d)(3) shall be applied by substituting `the blender amount' for `60 cents' and `the low-proof blender amount' for `45 cents'.

``(2) Amounts.--For purposes of paragraph (1), the blender amount and the low-proof blender amount shall be determined in accordance with the following table:

The low-proof

In the case of any sale or use The blender blender amount during calendar year: amount is: is:

2001 or 2002....................... 53 cents 39.26 cents 2003 or 2004....................... 52 cents 38.52 cents 2005, 2006, or 2007................ 51 cents 37.78 cents.''

(2) Conforming amendments.--

(A) Section 4041(b)(2) is amended--

(i) in subparagraph (A)(i), by striking ``5.4 cents'' and inserting ``the applicable blender rate'', and

(ii) by redesignating subparagraph (C), as amended by subsection (a)(2)(A), as subparagraph (D) and by inserting after subparagraph (B) the following:

``(C) Applicable blender rate.--For purposes of subparagraph (A)(i), the applicable blender rate is--

``(i) except as provided in clause (ii), 5.4 cents, and

``(ii) for sales or uses during calendar years 2001 through 2007, \1/10\ of the blender amount applicable under section 40(h)(2) for the calendar year in which the sale or use occurs.''.

(B) Subparagraph (A) of section 4081(c)(4) is amended to read as follows:

``(A) General rules.--

``(i) Mixtures containing ethanol.--Except as provided in clause (ii), in the case of a qualified alcohol mixture which contains gasoline, the alcohol mixture rate is the excess of the rate which would (but for this paragraph) be determined under subsection (a) over--

``(I) in the case of 10 percent gasohol, the applicable blender rate (as defined in section 4041(b)(2)(A)) per gallon,

``(II) in the case of 7.7 percent gasohol, the number of cents per gallon equal to 77 percent of such applicable blender rate, and

``(III) in the case of 5.7 percent gasohol, the number of cents per gallon equal to 57 percent of such applicable blender rate.

``(ii) Mixtures not containing ethanol.--In the case of a qualified alcohol mixture which contains gasoline and none of the alcohol in which consists of ethanol, the alcohol mixture rate is the excess of the rate which would (but for this paragraph) be determined under subsection (a) over--

``(I) in the case of 10 percent gasohol, 6 cents per gallon,

``(II) in the case of 7.7 percent gasohol, 4.62 cents per gallon, and

``(III) in the case of 5.7 percent gasohol, 3.42 cents per gallon.''.

(C) Section 4081(c)(5) is amended by striking ``5.4 cents'' and inserting ``the applicable blender rate (as defined in section 4041(b)(2)(C))''.

(D) Section 4091(c)(1) is amended by striking ``13.4 cents'' each place it appears and inserting ``the applicable blender amount'' and by adding at the end the following:

``For purposes of this paragraph, the term `applicable blender amount' means 13.3 cents in the case of any sale or use during 2001 or 2002, 13.2 cents in the case of any sale or use during 2003 or 2004, 13.1 cents in the case of any sale or use during 2005, 2006, or 2007, and 13.4 cents in the case of any sale or use during 2008 or thereafter.''.

(3) Effective date.--The amendments made by this subsection shall take effect on January 1, 2001.

(d) Elimination of National Recreational Trails Trust Fund.--

(1) In general.--Section 9511 (relating to National Recreational Trails Trust Fund) is repealed.

(2) Conforming amendments.--

(A) Section 9503(c) is amended by striking paragraph (6).

(B) The table of sections for subchapter A of chapter 98 is amended by striking the item relating to section 9511.

(e) Aquatic Resources Trust Fund.--

(1) Extension.--Section 9504(c) (relating to expenditures from Boat Safety Account), as amended by section 9(b) of the Surface Transportation Extension Act of 1997, is amended--

(A) by striking ``1998'' and inserting ``2004'', and

(B) by striking ``1988'' and inserting ``the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1998''.

(2) Limitation on expenditures.--Section 9504 (relating to Aquatic Resources Trust Fund) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following:

``(d) Limitation on Expenditures from Trust Fund.--

``(1) In general.--Except as provided in paragraph (2), no expenditure shall be made from the Aquatics Resources Trust Fund unless such expenditure is permitted under a provision of this title. The determination of whether an expenditure is so permitted shall be made without regard to--

``(A) any provision of law which is not contained or referenced in this title and which is not contained or referenced in a revenue Act, and

``(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this subsection.

``(2) Exception for prior obligations from the boat safety account.--Paragraph (1) shall not apply to any expenditure to liquidate any contract entered into, or for any amount otherwise obligated, in accordance with the provisions of subsection (c) before April 1, 2004.

``(3) Transfer of taxes to trust fund terminated if expenditure limitation violated.--For purposes of the second sentence of subsection (a)(2), there shall not be taken into account any amount described in subsection (b)(1), section 9503(c)(4), or section 9503(c)(5)(A) on and after the date of any expenditure not permitted by paragraph (1).''.

(3) Conforming amendments.--Section 9504(b)(2) is amended--

(A) in subparagraph (A), by striking ``October 1, 1988'' and inserting ``the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1998'', and

(B) in subparagraph (B), by striking ``November 29, 1990'' and inserting ``the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1998''.

SEC. __003. MASS TRANSIT ACCOUNT.

(a) In General.--Section 9503(e)(3) (relating to expenditures from Account), as amended by section 9(a)(2) of the Surface Transportation Extension Act of 1997, is amended--

(1) by striking ``1998'' and inserting ``2003'',

(2) in subparagraph (A), by striking ``or'' at the end,

(3) in subparagraph (B), by adding ``or'' at the end, and

(4) by striking all that follows subparagraph (B) and inserting:

``(C) the Intermodal Surface Transportation Efficiency Act of 1998,

as such sections and Acts are in effect on the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1998.''.

(b) Conforming Amendment.--Paragraph (4) of section 9503(e) is amended to read as follows:

``(4) Limitation.--Rules similar to the rules of subsection

(d) shall apply to the Mass Transit Account.''.

(1) In general.--Section 9503(e)(2) is amended by striking the last sentence and inserting the following: ``For purposes of the preceding sentence, the term `mass transit portion' means, for any fuel with respect to which tax was imposed under section 4041 or 4081 and otherwise deposited into the Highway Trust Fund, the amount determined at the rate of--

``(A) except as otherwise provided in this sentence, 2.86 cents per gallon,

``(B) 1.43 cents per gallon in the case of any partially exempt methanol or ethanol fuel (as defined in section 4041(m)) none of the alcohol in which consists of ethanol,

``(C) 1.86 cents per gallon in the case of liquefied natural gas,

``(D) 2.13 cents per gallon in the case of liquefied petroleum gas, and

``(E) 9.71 cents per MCF (determined at standard temperature and pressure) in the case of compressed natural gas.''.

(2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the amendment made by section 901(b) of the Taxpayer Relief Act of 1997.

SEC. __004. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY

INFRASTRUCTURE CONSTRUCTION.

(a) Treatment as Exempt Facility Bond.--A bond described in subsection (b) shall be treated as described in section 141(e)(1)(A) of the Internal Revenue Code of 1986, except that--

(1) section 146 of such Code shall not apply to such bond, and

(2) section 147(c)(1) of such Code shall be applied by substituting ``any portion of'' for ``25 percent or more''.

(b) Bond Described.--

(1) In general.--A bond is described in this subsection if such bond is issued after the date of the enactment of this Act as part of an issue--

(A) 95 percent or more of the net proceeds of which are to be used to provide a qualified highway infrastructure project, and

(B) to which there has been allocated a portion of the allocation to the project under paragraph (2)(C)(ii) which is equal to the aggregate face amount of bonds to be issued as part of such issue.

(2) Qualified highway infrastructure projects.--

(A) In general.--For purposes of paragraph (1), the term

``qualified highway infrastructure project'' means a project--

(i) for the construction or reconstruction of a highway, and

(ii) designated under subparagraph (B) as an eligible pilot project.

(B) Eligible pilot project.--

(i) In general.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall select not more than 15 highway infrastructure projects to be pilot projects eligible for tax-exempt financing.

(ii) Eligibility criteria.--In determining the criteria necessary for the eligibility of pilot projects, the Secretary of Transportation shall include the following:

(I) The project must serve the general public.

(II) The project is necessary to evaluate the potential of the private sector's participation in the provision of the highway infrastructure of the United States.

(III) The project must be located on publicly-owned rights-of-way.

(IV) The project must be publicly owned or the ownership of the highway constructed or reconstructed under the project must revert to the public.

(V) The project must be consistent with a transportation plan developed pursuant to section 134(g) or 135(e) of title 23, United States Code.

(i) In general.--The aggregate face amount of bonds issued pursuant to this section shall not exceed $15,000,000,000, determined without regard to any bond the proceeds of which are used exclusively to refund (other than to advance refund) a bond issued pursuant to this section (or a bond which is a part of a series of refundings of a bond so issued) if the amount of the refunding bond does not exceed the outstanding amount of the refunded bond.

(ii) Allocation.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall allocate the amount described in clause (i) among the eligible pilot projects designated under subparagraph (B).

(iii) Reallocation.--If any portion of an allocation under clause (ii) is unused on the date which is 3 years after such allocation, the Secretary of Transportation, in consultation with the Secretary of the Treasury, may reallocate such portion among the remaining eligible pilot projects.

(1) In general.--Not later than the earlier of--

(A) 1 year after either \1/2\ of the projects authorized under this section have been identified or \1/2\ of the total bonds allowable for the projects under this section have been issued, or

(B) 7 years after the date of the enactment of this Act,

the Secretary of Transportation, in consultation with the Secretary of the Treasury, shall submit the report described in paragraph (2) to the Committees on Finance and on Environment and Public Works of the Senate and the Committees on Ways and Means and on Transportation and Infrastructure of the House of Representatives.

(2) Contents.--The report under paragraph (1) shall evaluate the overall success of the program conducted pursuant to this section, including--

(A) a description of each project under the program,

(B) the extent to which the projects used new technologies, construction techniques, or innovative cost controls that resulted in savings in building the project, and

(C) the use and efficiency of the Federal tax subsidy provided by the bond financing. SEC. __005. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.

(a) In General.--Section 4041(a)(1)(C)(ii) (relating to rate of tax on trains) is amended--

(1) in subclause (II), by striking ``October 1, 1999'' and inserting ``March 1, 1999'', and

(2) in subclause (III), by striking ``September 30, 1999'' and inserting ``February 28, 1999''.

(b) Conforming Amendments.--

(1) Section 6421(f)(3)(B) is amended--

(A) in clause (ii), by striking ``October 1, 1999'' and inserting ``March 1, 1999'', and

(B) in clause (iii), by striking ``September 30, 1999'' and inserting ``February 28, 1999''.

(2) Section 6427(l)(3)(B) is amended--

(A) in clause (ii), by striking ``October 1, 1999'' and inserting ``March 1, 1999'', and

(B) in clause (iii), by striking ``September 30, 1999'' and inserting ``February 28, 1999''.

SEC. __006. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN

LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION

FRINGE BENEFITS.

(a) No Constructive Receipt.--

(1) In general.-- Paragraph (4) of section 132(f) (relating to qualified transportation fringe) is amended to read as follows:

``(4) No constructive receipt.--No amount shall be included in the gross income of an employee solely because the employee may choose between any qualified transportation fringe and compensation which would otherwise be includible in gross income of such employee.''.

(2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 1997.

(b) Increase in maximum exclusion for employer-provided transit passes.--

(1) In general.--Subparagraph (A) of section 132(f)(2)

(relating to limitation on exclusion) is amended by striking

``$60'' and inserting ``$100''.

(2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2001.

(1) In general.--Paragraph (6) of section 132(f) (relating to qualified transportation fringe) is amended to read as follows:

``(6) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1999, the dollar amounts contained in subparagraphs (A) and (B) of paragraph

(2) shall be increased by an amount equal to--

``(A) such dollar amount, multiplied by

``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1998' for

`calendar year 1992'.

If any increase determined under the preceding sentence is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5.''.

(2) Conforming amendment.--Section 132(f)(2)(B) is amended by striking ``$155'' and inserting ``$175''.

(3) Effective Date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 1998.

(d) Conforming Inflation Adjustment.--

(1) In general.--Paragraph (6) of section 132(f) (relating to qualified transportation fringe) is amended to read as follows:

``(6) Inflation adjustment.--

``(A) Adjustment to qualified parking limitation.--In the case of any taxable year beginning in a calendar year after 1999, the dollar amount contained in paragraph (2)(B) shall be increased by an amount equal to--

``(i) such dollar amount, multiplied by

``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1998' for

`calendar year 1992'.

``(B) Adjustment to other qualified transportation fringes limitation.--In the case of any taxable year beginning in a calendar year after 2002, the dollar amount contained in paragraph (2)(A) shall be increased by an amount equal to--

``(i) such dollar amount, multiplied by

``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2001' for

`calendar year 1992'.

``(c) Rounding.--If any increase determined under subparagraph (A) or (B) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of

$5.''.

(2) Effective Date.--The amendment made by this subsection shall apply to taxable years beginning after December 31, 2002.

SEC. __007. TAX TREATMENT OF CERTAIN FEDERAL PARTICIPATION

PAYMENTS.

For purposes of the Internal Revenue Code of 1986, with respect to any Federal participation payment to a taxpayer in any taxable year made under section 149(e) of title 23, United States Code, as added by section 1502, to the extent such payment is not subject to tax under such Code for the taxable year--

(1) no credit or deduction (other than a deduction with respect to any interest on a loan) shall be allowed to the taxpayer with respect to any property placed in service or other expenditure that is directly or indirectly attributable to the payment, and

(2) the basis of any such property shall be reduced by the portion of the cost of the property that is attributable to the payment.

SEC. __008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR

APPROVED DIESEL OR KEROSENE TERMINALS.

Subsection (f) of section 1032 of the Taxpayer Relief Act of 1997 is amended to read as follows:

``(f) Effective Dates.--

``(1) Except as provided in paragraph (2), the amendments made by this section shall take effect on July 1, 1998.

``(2) The amendment made by subsection (d) shall take effect on July 1, 2000.''.

______

TORRICELLI AMENDMENT NO. 1760

(Ordered to lie on the table.)

Mr. TORRICELLI submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place in subtitle D of title III, insert the following:

SEC. 34____. MOTOR CARRIER SAFETY PERMITS.

Section 5109 of title 49, United States Code, is amended--

(1) in subsection (c), by inserting ``annual'' before

``application with'';

(2) in subsection (e)(2), by striking ``duration, terms,'' and inserting ``terms'';

(3) by redesignating subsection (h) as subsection (i); and

(4) by inserting after subsection (g) the following:

``(h) Duration.--A safety permit issued under this section shall be effective for a period of 1 year.''.

______

TORRICELLI AMENDMENT NO. 1761

(Ordered to lie on the table.)

Mr. TORRICELLI submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the end of the amendment, add the following:

TITLE ____--QUIET COMMUNITIES

SEC. ____01. SHORT TITLE.

This title may be cited as the ``Quiet Communities Act of 1998''.

SEC. ____02. FINDINGS.

Congress finds that--

(1)(A) for too many citizens of the United States, noise from aircraft, vehicular traffic, and a variety of other sources is a constant source of torment; and

(B) nearly 20,000,000 citizens of the United States are exposed to noise levels that can lead to psychological and physiological damage, and another 40,000,000 people are exposed to noise levels that cause sleep or work disruption;

(2)(A) chronic exposure to noise has been linked to increased risk of cardiovascular problems, strokes, and nervous disorders; and

(B) excessive noise causes sleep deprivation and task interruptions, which pose untold costs on society in diminished worker productivity;

(3)(A) to carry out the Clean Air Act of 1970 (42 U.S.C. 7401 et seq.), the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), and the Quiet Communities Act of 1978 (Public Law 95-609; 92 Stat. 3079), the Administrator of the Environmental Protection Agency established an Office of Noise Abatement and Control;

(B) the responsibilities of the Office of Noise Abatement and Control included promulgating noise emission standards, requiring product labeling, facilitating the development of low emission products, coordinating Federal noise reduction programs, assisting State and local abatement efforts, and promoting noise education and research; and

(4) because the Administrator of the Environmental Protection Agency remains responsible for enforcing regulations issued under the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.) even though funding for the Office of Noise Abatement and Control has been terminated, and because that Act prohibits State and local governments from regulating noise sources in many situations, noise abatement programs across the United States lie dormant;

(5) as the population grows and air and vehicle traffic continues to increase, noise pollution is likely to become an even greater problem in the future; and

(6) the health and welfare of the citizens of the United States demands that the Environmental Protection Agency once again assume a role in combating noise pollution.

SEC. ____03. REESTABLISHMENT OF OFFICE OF NOISE ABATEMENT AND

CONTROL.

(a) Reestablishment.--

(1) In general.--The Administrator of the Environmental Protection Agency shall reestablish an Office of Noise Abatement and Control (referred to in this title as the

``Office'').

(2) Responsibilities.--The Office shall be responsible for--

(A) coordinating Federal noise abatement activities;

(B) updating or developing noise standards;

(D) promoting research and education on the impacts of noise pollution.

(3) Emphasized approaches.--The Office shall emphasize noise abatement approaches that rely on State and local activity, market incentives, and coordination with other public and private agencies.

(b) Study.--

(1) In general.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit a study on airport noise to Congress and the Federal Aviation Administration.

(2) Areas of study.--The study shall--

(A) examine the Federal Aviation Administration's selection of noise measurement methodologies;

(B) the threshold of noise at which health impacts are felt; and

(3) Recommendations.--The study shall include specific recommendations to the Federal Aviation Administration on new measures that should be implemented to mitigate the impact of aircraft noise on surrounding communities.

SEC. ____04. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title--

(1) $5,000,000 for each of fiscal years 1999 through 2001; and

(2) $8,000,000 for each of fiscal years 2002 and 2003.

______

McCAIN AMENDMENT NO. 1762

(Ordered to lie on the table.)

Mr. McCAIN submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Strike ``Section 3103, Authorization of Appropriations'' and insert in its place the following:

``SEC. 3103. AUTHORIZATIONS OF APPROPRIATIONS.

The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) Consolidated State Highway Safety Programs--

(A) For carrying out the State and Community Highway Safety Program under section 402 of title 23, Untied States Code, by the National Highway Traffic Safety Administration, except for the incentive programs under subsections (l) and (m) of that section--

(i) $166,700,000 for fiscal year 1998;

(ii) $166,700,000 for fiscal year 1999;

(iii) $166,700,000 for fiscal year 2000;

(iv) $166,700,000 for fiscal year 2001;

(v) $166,700,000 for fiscal year 2002; and

(vi) $171,034,000 for fiscal year 2003.

(B) To carry out the alcohol-impaired driving countermeasures incentive grant provisions of section 402(l) of title 23, United States Code, by the National Highway Traffic Safety Administration--

(i) $44,000,000 for fiscal year 1998;

(ii) $39,000,000 for fiscal year 1999;

(iii) $39,000,000 for fiscal year 2000;

(iv) $39,000,000 for fiscal year 2001;

(v) $49,000,000 for fiscal year 2002; and

(vi) $50,170,000 for fiscal year 2003.

Amounts made available to carry out section 402(l) of title 23, United States Code, are authorized to remain available until expended, provided that, in each fiscal year the Secretary may reallocate any amounts remaining available under section 402(l) of section 402 of title 23, United States Code, to subsections (m) and (n) of section 402 and of section 410 of title 23, United States Code, as necessary to ensure, to the maximum extent possible, that States may receive the maximum incentive funding for which they are eligible under these programs.

(C) To carry out the occupant protection program incentive grant provisions of section 410 of title 23, United States Code, by the National Highway Traffic Safety Administration--

(i) $20,000,000 for fiscal year 1998;

(ii) $20,000,000 for fiscal year 1999;

(iii) $20,000,000 for fiscal year 2000;

(iv) $20,000,000 for fiscal year 2001;

(v) $22,000,000 for fiscal year 2002; and

(vi) $22,312,000 for fiscal year 2003.

Amounts made available to carry out section 410 of title 23, United States Code, are authorized to remain available until expended, provided that, in each fiscal year the Secretary may reallocate any amounts remaining available under section 410 of title 23, United States Code, to subsections (l), (m), and (n) of section 402 of title 23, United States Code, as necessary to ensure, to the maximum extent possible, that States may receive the maximum incentive funding for which they are eligible under these programs.

(D) To carry out the State highway safety data improvements incentive grant provisions of section 402(m) of title 23, United States Code, by the National Highway Traffic Safety Administration--

(i) $12,000,000 for fiscal year 1998;

(ii) $12,000,000 for fiscal year 1999;

(iii) $12,000,000 for fiscal year 2000; and

(iv) $12,000,000 for fiscal year 2001.

Amounts made available to carry out section 402(m) of title 23, United States Code, are authorized to remain available until expended.

(E) To carry out the drugged driving countermeasures incentive grant provisions of subsection (n) of title 23, United States Code, by the National Highway Traffic Safety Administration, $5,000,000 for each of fiscal years 1999, 2000, 2001, 2002, and $5,130,000 for fiscal year 2003. Amounts made available to carry out subsection (n) are authorized to remain available until expended, provided that, in each fiscal year the Secretary may reallocate any amounts remaining available under subsection (n) to subsection (l) and (m) of section 402 and of section 410 of title 23, United States Code, as necessary to ensure, to the maximum extent possible, that States may receive the maximum incentive funding for which they are eligible under these programs.

(2) Section 403 Highway Safety Research and Development.--For carrying out the functions of the Secretary, by the National Highway Traffic Safety Administration, for highway safety research and development under section 403 of title 23, United States Code, there are authorized to be appropriated $73,100,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.

(3) Public Education Effort.--Out of funds made available for carrying out programs under section 403 of title 23, United States Code, for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003, the Secretary of Transportation shall obligate at least $500,000 to educate the motoring public on how to share the road safely with commercial motor vehicles.

(4) National Driver Register.--For carrying out chapter 303

(National Driver Register) of title 49, United States Code, by the National Highway Traffic Safety Administration--

(A) $2,300,000 for fiscal year 1998;

(B) $2,300,000 for fiscal year 1999;

(D) $2,300,000 for fiscal year 2001;

(E) $2,300,000 for fiscal year 2002; and

(F) $2,360,000 for fiscal year 2003.''.

______

ENZI (AND THOMAS) AMENDMENT NO. 1763

(Ordered to lie on the table.)

Mr. ENZI (for himself and Mr. Thomas) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place, insert:

SEC. 6016. FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED

ASPHALTS.

(a) Studies.--The Administrator of the Federal Highway Administration (hereinafter in this section referred to as the ``Administrator'') shall conduct studies of the fundamental chemical property and physical property of petroleum asphalts and modified asphalts used in highway construction in the United States. Such studies shall emphasize predicting pavement performance from the fundamental and rapidly measurable properties of asphalts and modified asphalts. The administrator shall conduct studies that further emphasize development of methods that address performance variables that are not part of the current superpave binder specification.

(b) Contracts.--To carry out the studies under subsection

(a), the Administrator shall enter into contracts with the Western Research Institute of the University of Wyoming in order to conduct the necessary technical and analytical research in coordination with existing programs which evaluate actual performance of asphalts and modified asphalts in roadways, including the Strategic Highway Research Program.

(a) shall include the following activities:

(1) Fundamental composition studies.

(2) Fundamental physical and rheological property studies.

(3) Asphalt-aggregate interaction studies.

(4) Coordination of composition studies, physical and rheological property studies, and asphalt-aggregate interaction studies for the purposes of predicting pavement performance, including refinements of Strategic Highway Research Program specifications.

(5) Asphalt-water interaction studies.

(6) Asphalt-aggregate thin film behavior.

(d) Test Strip.--

(1) Implementation.--The Administrator, in coordination with the Western Research Institute of the University of Wyoming, shall implement a test strip for the purpose of demonstrating and evaluating the unique energy and environmental advantages of using shale oil modified asphalts under extreme climatic conditions. In implementing this project, the Administrator shall continue necessary monitoring of the performance of the test strip.

(2) Report to congress.--Not later than November 30, 2003, the Administrator shall transmit to Congress as part of a report under subsection (e) the Administrator's findings on activities conducted under this subsection, including an evaluation of the test strip implemented under this subsection and recommendations for legislation to establish a national program to support United States transportation and energy security requirements.

(e) Annual Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and on or before November 30 of each year beginning thereafter, the Administrator shall transmit to Congress a report of the progress made in implementing this Section.

(f) Authorization of Appropriations.--The Secretary shall expend from administrative and research funds deducted under section 104(a) of this title at least $3,000,000 for each of fiscal years 1998 through 2003 to carry out subsection (b).

______

INHOFE AMENDMENTS NOS. 1764-1765

(Ordered to lie on the table.)

Mr. INHOFE submitted two amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1764

At the appropriate place, insert the following:

SEC. ____. ALLOCATION OF MASS TRANSIT ACCOUNT FUNDS.

(a) Minimum Allocation.--The Secretary of Transportation shall take such actions as may be necessary to ensure that, in each fiscal year, each State's percentage of the total apportionments to all States from the Mass Transit Account of the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986 is not less than 80 percent of the State's estimated tax payment attributable to highway users in the State paid into that Account in the most recent year for which data are available.

(b) Applicability.--Subsection (a) does not apply to any State whose contribution to the Mass Transit Account of the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986 in the applicable fiscal year is greater than or equal to $50,000,000.

____

Amendment No. 1765

At the appropriate place in subtitle H of title I, insert the following:

SEC. 18____. NATURAL GAS FUELING STATIONS.

(a) In General.--Notwithstanding section 5323(j) of title 49, United States Code, or any other provision of law, a compressor or dispenser used in a fueling station for vehicles that are powered by compressed natural gas shall be treated as a manufactured good produced in the United States within the meaning of section 5323(j) of title 49, United States Code, if the final substantial transformation into a compressor or dispenser occurs in the United States.

(b) Definitions.--In this section:

(1) Compressor or dispenser.--The term ``compressor or dispenser'' includes a compressor, compressor block, dispenser, and disk valve.

(2) Substantial transformation.--The term ``substantial transformation'' means the transformation by manufacturing, processing, or assembly of a compressor or dispenser, with the use of manufactured components, assemblies, or parts produced in the United States, into a compressor or dispenser suitable for use in a fueling station for vehicles powered by compressed natural gas.

(c) Effective Date.--The provisions of this section apply to articles entered, or withdrawn from a warehouse for consumption, on or after October 1, 1998, and before October 1, 2003.

______

MURKOWSKI (AND OTHERS) AMENDMENT NO. 1766

(Ordered to lie on the table.)

Mr. MURKOWSKI (for himself, Mr. Lautenberg, Mr. Stevens, Mr. Inouye, Mrs. Murray, Ms. Snowe, Mr. Kerry, Mr. Faircloth, Mr. Kennedy, and Mr. Breaux) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

At the appropriate place, insert the following:

SEC. . REAUTHORIZATION OF FERRY AND FERRY TERMINAL PROGRAM.

Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by striking ``$14,000,000'' and all that follows through

``fiscal year 1997'' and inserting in lieu thereof

``$50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.''

SEC. . FERRY AND FERRY TERMINAL LOAN GUARANTEE PROGRAM.

(a) In General.--The Secretary of Transportation may guarantee, or make a commitment to guarantee, the payment of the principal of, and the interest on, an obligation for the construction of ferry boats engaged in the transportation of passengers or passengers and vehicles in the United States or its possessions and of ferry terminal facilities.

(b) Applicable Laws, Etc.--The requirements for guarantees and commitments under title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) shall apply to the extent reasonable to guarantees or commitments made under this section, except that the Secretary shall by rule provide a simplified application and compliance process for guarantees and commitments under this section.

(c) Authorization.--There are authorized to be appropriated for the purposes of carrying out this section $10,000,000 in each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.

SEC. . REPORT ON UTILIZATION POTENTIAL.

(a) Study.--The Secretary of Transportation shall conduct a study of ferry transportation in the United States and its possessions--

(1) to identify existing ferry operations, including--

(A) the locations and routes served;

(B) the name, United States official number, and a description of each vessel operated as a ferry;

(C) the source and amount, if any, of funds derived from Federal, State, or local government sources supporting ferry construction or operations;

(D) the impact of ferry transportation on local and regional economies; and

(E) the potential for use of high-speed ferry services.

(2) identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes, including--

(A) locations and routes that might be served;

(B) estimates of capacity required;

(D) estimates of annual operating costs for these routes;

(E) estimates of the economic impact of these routes on local and regional economies; and

(F) the potential for use of high-speed ferry services.

(b) Report.--The Secretary shall report the results of the study under subsection (a) within 1 year after the date of enactment of this Act to the Committee on Commerce, Science, and Transportation of the United States Senate and the Committee on Transportation and Infrastructure of the United States House of Representatives.

(c) After reporting the results of the study required by paragraph (b), the Secretary of Transportation shall meet with the relevant state and municipal planning organizations to discuss the results of the study and the availability of resources, both federal and state, for providing marine ferry service.

______

MURKOWSKI (AND OTHERS) AMENDMENTS NOS. 1767-1768

(Ordered to lie on the table.)

Mr. MURKOWSKI (for himself, Mr. Stevens, and Mr. Inouye) submitted two amendments intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1767

At the appropriate place, insert the following:

SEC. . FERRY AND FERRY TERMINAL LOAN GUARANTEE PROGRAM.

(c) Authorization.--There are authorized to be appropriated for the purposes of carrying out this section $10,000,000 in each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003.

____

Amendment No. 1768

At the appropriate place, insert the following:

SEC. . REAUTHORIZATION OF FERRY AND FERRY TERMINAL PROGRAM.

Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended by striking ``$14,000,000'' and all that follows through

``fiscal year 1997'' and inserting in lieu thereof

``$50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003''.

SEC. . REPORT ON UTILIZATION POTENTIAL.

(a) Study.--The Secretary of Transportation shall conduct a study of ferry transportation in the United States and its possessions--

(1) to identify existing ferry operations, including--

(A) the locations and routes served;

(B) the name, United States official number, and a description of each vessel operated as a ferry;

(C) the source and amount, if any, of funds derived from Federal, State, or local government sources supporting ferry construction or operations;

(D) the impact of ferry transportation on local and regional economies; and

(E) the potential for use of high-speed ferry services.

(2) identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes, including--

(A) locations and routes that might be served;

(B) estimates of capacity required;

(D) estimates of annual operating costs for these routes;

(E) estimates of the economic impact of these routes on local and regional economies; and

(F) the potential for use of high-speed ferry services.

______

MURKOWSKI (AND STEVENS) AMENDMENTS NOS. 1769-1770

(Ordered to lie on the table.)

Mr. MURKOWSKI (for himself and Mr. Stevens) submitted two amendments intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1769

On page 269, line 2, insert ``(a) In General.--'' before

``Section''.

On page 278, between lines 14 and 15, insert the following:

(b) Redundant Metropolitan Transportation Planning Requirements.--

(1) Finding.--Congress finds that certain major investment study requirements under section 450.318 of title 23, Code of Federal Regulations, are redundant to the planning and project development processes required under other provisions in titles 23 and 49, United States Code.

2. Streamlining.--

(A) In general.--The Secretary shall streamline the Federal transportation planning and NEPA decision process requirements for all transportation improvements supported with Federal surface transportation funds or requiring Federal approvals, with the objective of reducing the number of documents required and better integrating required analyses and findings wherever possible.

(B) Requirements.--The Secretary shall amend regulations as appropriate and develop procedures to--

(i) eliminate, within six months of the date of enactment of this section, the major investment study under section 450.318 of title 23, Code of Federal Regulations, as a stand-alone requirement independent of other transportation planning requirements, and integrate those components of the major investment study procedure which are not duplicated elsewhere with other transportation planning requirements, provided that in integrating such requirements, the Secretary shall not apply such requirements to any project which previously would not have been subject to section 450.318 of title 23, Code of Federal Regulations;

(ii) eliminate stand-alone report requirements wherever possible;

(iii) prevent duplication by drawing on the products of the planning process in the completion of all environmental and other project development analyses;

(iv) reduce project development time by achieving to the maximum extent practicable a single public interest decision process for Federal environmental analyses and clearances; and

(v) expedite and support all phases of decisionmaking by encouraging and facilitating the early involvement of metropolitan planning organizations, State departments of transportation, transit operators, and Federal and State environmental resource and permit agencies throughout the decisionmaking process.

(3) Savings clause.--Nothing in this subsection shall effect the responsibility of the Secretary to conform review requirements for transit projects under the National Environmental Policy Act of 1969 to comparable requirements under such Act applicable to highway projects.

____

Amendment No. 1770

Insert at the end of section 11(e) the following:

(4) Distribution of funds.--

(A) Parkways, parks, wildlife refuges.--Of the amounts made available under paragraph (1)(B) for parkways and park roads, and public roads to and within the National Wildlife Refuge System, not less than half shall be made available to States in direct proportion to the percentages of lands within the National Park System, and lands within the National Wildlife Refuge System, respectively, within each State.

(B) Public lands.--Of the amounts made available under paragraph (1)(C) for public lands highways, not less than half shall be made available to States in direct proportion to the percentage of all public lands within each State.

______

McCONNELL AMENDMENTS NOS. 1771-1772

(Ordered to lie on the table.)

Mr. McCONNELL submitted two amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1771

On page 79, between lines 13 and 14, insert the following:

(e) Compliance With Court Orders.--Nothing in this section limits the eligibility of an entity or person to receive funds made available by this Act, if the entity or person is prevented, in whole or in part, from complying with subsection (a) by order of a Federal or State court.

____

Amendment No. 1772

On page 79, between lines 13 and 14, insert the following:

(f) Review by Comptroller General.--The Comptroller General of the United States shall conduct a biennial review of, and publish findings and conclusions on, the impact throughout the United States of administering the requirement of subsection (a), including an analysis of--

(1) the annual gross receipts of small business concerns owned and controlled by socially and economically disadvantaged individuals;

(2) the distribution of the sums required to be expended under subsection (a) among such small business concerns;

(3) the net worth of socially and economically disadvantaged individuals that control such small business concerns;

(4) the rate of graduation from any programs carried out to comply with the requirement of subsection (a) for such small business concerns; and

(5) the overall cost of administering the requirement of subsection (a), including administrative costs, certification costs, additional construction costs, and litigation costs.

______

BENNETT (AND HATCH) AMENDMENTS NOS. 1773-1774

(Ordered to lie on the table.)

Mr. BENNETT (for himself and Mr. Hatch) submitted two amendments intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1773

At the appropriate place, insert the following new section:

SEC. ____. OLYMPIC AND PARALYMPIC AIRPORT DEVELOPMENT

PROJECTS.

(a) Airport Development Defined.--Section 47102(3) of title 49, United States Code, is amended by adding at the end the following:

``(H) Developing, in coordination with State and local transportation agencies, intermodal transportation plans necessary for Olympic-related projects at an airport.''.

(b) Discretionary Grants.--Section 47115(d) of title 49, United States Code, is amended--

(1) by striking ``and'' at the end of paragraph (5);

(2) by striking the period at the end of paragraph (6) and inserting ``; and''; and

(3) by adding at the end the following:

``(7) the need for the project in order to meet the unique demands of hosting international quadrennial Olympic or Paralympic events.''.

____

Amendment No. 1774

At the appropriate place, insert the following:

SEC. ____. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

(a) Purpose; Definitions.--

(1) Purpose.--The purpose of this section is to provide assistance and support to State and local efforts on surface and aviation-related transportation issues necessary to obtain the national recognition and economic benefits of participation in the International Olympic movement and the International Paralympic movement by hosting international quadrennial Olympic and Paralympic events in the United States.

(2) Definition.--In this section, the term ``Secretary'' means the Secretary of Transportation.

(b) Priority for Transportation Projects Related to Olympic and Paralympic Events.--

(1) In general.--Notwithstanding any other provision of law, the Secretary may give priority to funding for a mass transportation project related to an international quadrennial Olympic or Paralympic event occurring in the United States, to carry out 1 or more of sections 5303, 5307, and 5309 of title 49, United States Code, if the project--

(A) in the determination of the Secretary, will meet extraordinary transportation needs associated with an international quadrennial Olympic or Paralympic event; and

(B) is otherwise eligible for assistance under the section at issue.

(2) Contractual obligation.--A grant or a contract for a project described in paragraph (1), approved by the Secretary and funded with amounts made available under this subsection, is a contractual obligation to pay the Government's share of the cost of the project.

(3) Non-federal share.--For purposes of determining the non-Federal share of a project funded under this subsection, highway and transit projects shall be considered to be a program of projects.

(4) Authorization.--There are authorized to be made available from the Mass Transit Account of the Highway Trust Fund such sums as may be necessary to carry out this subsection.

(1) planning activities of State and metropolitan planning organizations, and project sponsors, for a transportation project related to an international quadrennial Olympic or Paralympic event under sections 5303 and 5305a of title 49, United States Code; and

(2) developing intermodal transportation plans necessary for transportation projects described in paragraph (1), in coordination with State and local transportation agencies.

(d) Transportation Projects Related to Olympic and Paralympic Events.--

(1) General authority.--The Secretary may provide assistance under this section to State and local governments, and an Olympic Organizing Committee responsible for hosting an international quadrennial Olympic or Paralympic event, in carrying out transportation projects related to an international quadrennial Olympic or Paralympic event. Such assistance may include planning, capital, and operating assistance.

(2) Non-federal share.--The Federal share of the costs of any transportation project assisted under this subsection shall not exceed 80 percent of the total cost of the project. For purposes of determining the non-Federal share of a project assisted under this subsection, highway and transit projects shall be considered to be a program of projects.

(e) Eligible Governments.--A State or local government is eligible to receive assistance under this section only if it is hosting a venue that is part of an international quadrennial Olympics that is officially selected by the International Olympic Committee.

(f) Grant or Contract Terms and Conditions.--

(1) In general.--Notwithstanding any other provision of law, but subject to paragraph (2) of this subsection, assistance under this section shall be subject to such terms and conditions as the Secretary may determine, including the waiver of any planning and procurement requirements under sections 5304, 5325, and 5326 of title 49, United States Code.

(2) Limitations on waiver authority.--Assistance granted under this section shall be subject to (and the Secretary may not waive)--

(1) the policy goals stated in--

(A) section 5301(e) of title 49, United States Code, relating to protection of the environment; and

(B) section 5301(d) of title 49, United States Code, relating to elderly individuals and individuals with disabilities; and

(2) the requirements of--

(A) section 5324(b) of title 49, United States Code, relating to economic, social, and environmental interests;

(B) section 5310(f) of title 49, United States Code, relating to elderly individuals and individuals with disabilities; and

(g) Use of Appropriations.--From amounts made available to carry out sections 5303, 5307, and 5309 of title 49, United States Code, in each of fiscal years 1998 through 2003, the Secretary may use such amounts as may be necessary to carry out this section.

______

LAUTENBERG AMENDMENTS NOS. 1775-1779

(Ordered to lie on the table.)

Mr. LAUTENBERG submitted five amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1775

At the appropriate place in subtitle A of title III, insert the following:

SEC. 31____. STUDIES CONCERNING LIGHT TRUCK SAFETY AND FUEL

ECONOMY.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Light truck.--The term ``light truck'' means a truck or a multipurpose passenger vehicle, with a gross vehicle weight rating of 8,500 pounds or less.

(3) Multipurpose passenger vehicle.--The term

``multipurpose passenger vehicle'' means a motor vehicle with motive power, except a trailer that--

(A) is designed to carry 10 persons or less; and

(B) is constructed--

(i) on a truck chassis; or

(ii) with special features for occasional off-road operation.

(4) Truck.--The term ``truck'' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.

(b) Study of Light Truck Safety.--

(1) In general.--The Secretary shall--

(A) accelerate current research on the results of collisions between light trucks and passenger cars; and

(B) conduct a comprehensive study of the safety risks posed to occupants of light trucks in single vehicle collisions.

(2) Requirements for study.--The study conducted by the Secretary under this subsection--

(A)(i) shall include crash tests to evaluate the degree to which the height, weight, and other characteristics of light trucks may present a risk of injury to occupants of passenger cars and light trucks;

(ii) shall evaluate the need to establish rollover safety standards for light trucks; and

(iii) may incorporate such other research and information as the Secretary considers to be necessary; and

(B) shall evaluate the degree to which changing the characteristics of light trucks may reduce the risk of injury to occupants--

(i) of passenger cars involved in collisions with light trucks;

(ii) of light trucks involved in the collisions referred to in clause (i); and

(iii) of light trucks in single vehicle collisions.

(3) Rulemaking.--Not later than October 1, 2001, the Secretary shall issue an advance notice of proposed rulemaking pursuant to chapter 301 of title 49, United States Code, to consider changing the height, weight, or other characteristics of light trucks to improve the safety of occupants of passenger cars in collisions referred to in paragraph (2)(B)(i) and the safety of occupants of light trucks in collisions referred to in clauses (ii) and (iii) of paragraph (2)(B), to take into consideration the information obtained through the study conducted under this subsection.

(4) Funding.--The Secretary shall use funds made available by appropriations for the purpose of carrying out chapter 301 of title 49, United States Code, to conduct the study under this subsection.

(1) In general.--

(A) Study.--The Administrator shall conduct a study to assess the need, as a result of increases in emissions of gases that contribute to global warming and that are attributable to the increased use of light trucks, for providing for more stringent fuel economy standards for fleets of light trucks than are provided for under applicable law.

(B) Regulations.--On the basis of the results of the study conducted under subparagraph (A), the Administrator shall issue regulations to establish carbon dioxide emissions standards for light trucks in a manner consistent with subsection (d).

(2) Repeal exemption for light trucks from gas guzzler excise tax.--

(A) In general.--Section 4064(b)(1) of the Internal Revenue Code of 1986 (defining automobile) is amended--

(i) in subparagraph (A)--

(I) in clause (ii), by striking ``6,000 pounds'' and inserting ``8,500 pounds''; and

(II) by adding at the end the following: ``In the case of a light truck (as that term is defined in section 31____(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1998), clause (ii) shall be applied by substituting `gross vehicle weight' for `unloaded gross vehicle weight'.'';

(ii) by striking subparagraph (B); and

(iii) by redesignating subparagraph (C) as subparagraph

(B).

(B) Effective date.--The amendments made by subparagraph

(A) shall apply to sales occurring after the date of enactment of this Act.

(3) Funding.--There is authorized to be appropriated, from amounts in the general fund in the Treasury resulting from the amendments made by paragraph (2), such sums as are necessary to conduct the study under this subsection.

(d) Regulations.--

(1) In general.--Subject to paragraph (2), the Administrator shall issue regulations that provide for revised emissions standards for light trucks (including such emissions as the Administrator determines to be appropriate) to ensure that all light trucks are covered by emission standards with respect to model years commencing after January 1, 2001.

(2) Certain light trucks.--Nothing in this subsection is intended to affect any regulation issued by the Administrator with respect to any light truck on the basis of the study described in section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)).

____

Amendment No. 1776

Strike pages 10 through 29 and insert the following:

in each State; bears to

``(II) the total of all such vehicle miles traveled in all States.

``(B) Interstate bridge component.--For resurfacing, restoring, rehabilitating, and reconstructing bridges on the Interstate System, in the ratio that--

``(i) the total cost to resurface, restore, rehabilitate, and reconstruct deficient bridges on the Interstate System

(other than bridges on toll roads not subject to a Secretarial agreement under section 105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692)) in each State; bears to

``(ii) the total cost to resurface, restore, rehabilitate, and reconstruct deficient bridges on the Interstate System

(other than bridges on toll roads not subject to a Secretarial agreement under section 105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692)) in all States.

``(C) Other national highway system component.--

``(i) In general.--For the National Highway System

(excluding funds apportioned under subparagraph (A) or (B)),

$36,400,000 for each fiscal year to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands and the remainder apportioned as follows:

``(I) 20 percent of the apportionments in the ratio that--

``(aa) the total lane miles of principal arterial routes

(excluding Interstate System routes) in each State; bears to

``(bb) the total lane miles of principal arterial routes

(excluding Interstate System routes) in all States.

``(II) 29 percent of the apportionments in the ratio that--

``(aa) the total vehicle miles traveled on lanes on principal arterial routes (excluding Interstate System routes) in each State; bears to

``(bb) the total vehicle miles traveled on lanes on principal arterial routes (excluding Interstate System routes) in all States.

``(III) 18 percent of the apportionments in the ratio that--

``(aa) the total cost to resurface, restore, rehabilitate, and reconstruct deficient bridges on principal arterial routes (excluding bridges on Interstate System routes (other than bridges on toll roads not subject to a Secretarial agreement under section 105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692))) in each State; bears to

``(bb) the total cost to resurface, restore, rehabilitate, and reconstruct deficient bridges on principal arterial routes (excluding bridges on Interstate System routes (other than bridges on toll roads not subject to a Secretarial agreement under section 105 of the Federal-Aid Highway Act of 1978 (92 Stat. 2692))) in all States.

``(IV) 24 percent of the apportionments in the ratio that--

``(aa) the total diesel fuel used on highways in each State; bears to

``(bb) the total diesel fuel used on highways in all States.

``(V) 9 percent of the apportionments in the ratio that--

``(aa) the quotient obtained by dividing the total lane miles on principal arterial highways in each State by the total population of the State; bears to

``(bb) the quotient obtained by dividing the total lane miles on principal arterial highways in all States by the total population of all States.

``(ii) Data.--Each calculation under clause (i) shall be based on the latest available data.

``(D) Minimum apportionment.--Notwithstanding subparagraphs

(A) through (C), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under this paragraph.

``(2) Congestion mitigation and air quality improvement program.--

``(A) In general.--For the congestion mitigation and air quality improvement program, in the ratio that--

``(i) the total of all weighted nonattainment and maintenance area populations in each State; bears to

``(ii) the total of all weighted nonattainment and maintenance area populations in all States.

``(B) Calculation of weighted nonattainment and maintenance area population.--Subject to subparagraph (C), for the purpose of subparagraph (A), the weighted nonattainment and maintenance area population shall be calculated by multiplying the population of each area in a State that was a nonattainment area or maintenance area as described in section 149(b) for ozone or carbon monoxide by a factor of--

``(i) 0.8 if--

``(I) at the time of the apportionment, the area is a maintenance area; or

``(II) at the time of the apportionment, the area is classified as a submarginal ozone nonattainment area under the Clean Air Act (42 U.S.C. 7401 et seq.);

``(ii) 1.0 if, at the time of the apportionment, the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act

(42 U.S.C. 7511 et seq.);

``(iii) 1.1 if, at the time of the apportionment, the area is classified as a moderate ozone nonattainment area under that subpart;

``(iv) 1.2 if, at the time of the apportionment, the area is classified as a serious ozone nonattainment area under that subpart;

``(v) 1.3 if, at the time of the apportionment, the area is classified as a severe ozone nonattainment area under that subpart;

``(vi) 1.4 if, at the time of the apportionment, the area is classified as an extreme ozone nonattainment area under that subpart; or

``(vii) 1.0 if, at the time of the apportionment, the area is not a nonattainment or maintenance area as described in section 149(b) for ozone, but is classified under subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et seq.) as a nonattainment area described in section 149(b) for carbon monoxide.

``(C) Additional adjustment for carbon monoxide areas.--

``(i) Carbon monoxide nonattainment areas.--If, in addition to being classified as a nonattainment or maintenance area for ozone, the area was also classified under subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et seq.) as a nonattainment area described in section 149(b) for carbon monoxide, the weighted nonattainment or maintenance area population of the area, as determined under clauses (i) through (vi) of subparagraph (B), shall be further multiplied by a factor of 1.2.

``(ii) Carbon monoxide maintenance areas.--If, in addition to being classified as a nonattainment or maintenance area for ozone, the area was at one time also classified under subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et seq.) as a nonattainment area described in section 149(b) for carbon monoxide but has been redesignated as a maintenance area, the weighted nonattainment or maintenance area population of the area, as determined under clauses (i) through (vi) of subparagraph (B), shall be further multiplied by a factor of 1.1.

``(D) Minimum apportionment.--Notwithstanding any other provision of this paragraph, each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under this paragraph.

``(E) Determinations of population.--In determining population figures for the purposes of this paragraph, the Secretary shall use the latest available annual estimates prepared by the Secretary of Commerce.

``(3) Surface transportation program.--

``(A) In general.--For the surface transportation program, in accordance with the following formula:

``(i) 20 percent of the apportionments in the ratio that--

``(I) the total lane miles of Federal-aid highways in each State; bears to

``(II) the total lane miles of Federal-aid highways in all States.

``(ii) 30 percent of the apportionments in the ratio that--

``(I) the total vehicle miles traveled on lanes on Federal-aid highways in each State; bears to

``(II) the total vehicle miles traveled on lanes on Federal-aid highways in all States.

``(iii) 25 percent of the apportionments in the ratio that--

``(I) the total cost to resurface, restore, rehabilitate, and reconstruct deficient bridges on Federal-aid highways

(excluding bridges described in subparagraphs (B) and

(C)(i)(III) of paragraph (1)) in each State; bears to

``(II) the total cost to resurface, restore, rehabilitate, and reconstruct deficient bridges on Federal-aid highways

(excluding bridges described in subparagraphs (B) and

(C)(i)(III) of paragraph (1)) in all States.

``(iv) 25 percent of the apportionments in the ratio that--

``(I) the estimated tax payments attributable to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available; bears to

``(II) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available.

``(B) Data.--Each calculation under subparagraph (A) shall be based on the latest available data.

``(C) Minimum apportionment.--Notwithstanding subparagraph

(A), each State shall receive a minimum of \1/2\ of 1 percent of the funds apportioned under this paragraph.''.

(b) Effect of Certain Amendments.--Section 104 of title 23, United States Code, is amended by striking subsection (h) and inserting the following:

``(h) Effect of Certain Amendments.--Notwithstanding any other provision of law, deposits into the Highway Trust Fund resulting from the amendments made by section 901 of the Taxpayer Relief Act of 1997 shall not be taken into account in determining the apportionments and allocations that any State shall be entitled to receive under the Intermodal Surface Transportation Efficiency Act of 1997 and this title

.''.

(1) In general.--For each of fiscal years 1998 through 2003, the Secretary shall determine, with respect to each State--

(A) the total apportionments for the fiscal year under section 104 of title 23, United States Code, for the Interstate and National Highway System program, the surface transportation program, metropolitan planning, and the congestion mitigation and air quality improvement program;

(B) the annual average of the total apportionments during the period of fiscal years 1992 through 1997 for all Federal-aid highway programs (as defined in section 101 of title 23, United States Code), excluding apportionments for the Federal lands highways program under section 204 of that title;

(C) the annual average of the total apportionments during the period of fiscal years 1992 through 1997 for all Federal-aid highway programs (as defined in section 101 of title 23, United States Code), excluding--

(i) apportionments authorized under section 104 of that title for construction of the Interstate System;

(ii) apportionments for the Interstate substitute program under section 103(e)(4) of that title (as in effect on the day before the date of enactment of this Act);

(iii) apportionments for the Federal lands highways program under section 204 of that title; and

(iv) adjustments to sums apportioned under section 104 of that title due to the hold harmless adjustment under section 1015(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);

(D) the product obtained by multiplying--

(i) the annual average of the total apportionments determined under subparagraph (B); by

(ii) the applicable percentage determined under paragraph

(2); and

(E) the product obtained by multiplying--

(i) the annual average of the total apportionments determined under subparagraph (C); by

(ii) the applicable percentage determined under paragraph

(2).

(2) Applicable percentages.--

(A) Fiscal year 1998.--For fiscal year 1998--

(i) the applicable percentage referred to in paragraph

(1)(D)(ii) shall be 145 percent; and

(ii) the applicable percentage referred to in paragraph

(1)(E)(ii) shall be 107 percent.

(B) Fiscal years thereafter.--For each of fiscal years 1999 through 2003, the applicable percentage referred to in paragraph (1)(D)(ii) or (1)(E)(ii), respectively, shall be a percentage equal to the product obtained by multiplying--

(i) the percentage specified in clause (i) or (ii), respectively, of subparagraph (A); by

(ii) the percentage that--

(I) the total contract authority made available under this Act and title 23, United States Code, for Federal-aid highway programs for the fiscal year; bears to

(II) the total contract authority made available under this Act and title 23, United States Code, for Federal-aid highway programs for fiscal year 1998.

(3) Maximum transition.--

(A) In general.--For each of fiscal years 1998 through 2003, in the case of each State with respect to which the total apportionments determined under paragraph (1)(A) is greater than the product determined under paragraph (1)(D), the Secretary shall reduce proportionately the apportionments to the State under section 104 of title 23, United States Code, for the National Highway System component of the Interstate and National Highway System program, the surface transportation program, and the congestion mitigation and air quality improvement program so that the total of the apportionments is equal to the product determined under paragraph (1)(D).

(B) Redistribution of funds.--

(i) In general.--Subject to clause (ii), funds made available under subparagraph (A) shall be redistributed proportionately under section 104 of title 23, United States Code, for the Interstate and National Highway System program, the surface transportation program, and the congestion mitigation and air quality improvement program, to States not subject to a reduction under subparagraph (A).

(ii) Limitation.--The ratio that--

(I) the total apportionments to a State under section 104 of title 23, United States Code, for the Interstate and National Highway System program, the surface transportation program, metropolitan planning, and the congestion mitigation and air quality improvement program, after the application of clause (i); bears to

(II) the annual average of the total apportionments determined under paragraph (1)(B) with respect to the State;

may not exceed, in the case of fiscal year 1998, 145 percent, and, in the case of each of fiscal years 1999 through 2003, 145 percent as adjusted in the manner described in paragraph

(2)(B).

(4) Minimum transition.--

(A) In general.--For each of fiscal years 1998 through 2003, the Secretary shall apportion to each State such additional amounts as are necessary to ensure that--

(i) the total apportionments to the State under section 104 of title 23, United States Code, for the Interstate and National Highway System program, the surface transportation program, metropolitan planning, and the congestion mitigation and air quality improvement program, after the application of paragraph (3); is equal to

(ii) the greater of--

(I) the product determined with respect to the State under paragraph (1)(E); or

(II) the total apportionments to the State for fiscal year 1997 for all Federal-aid highway programs, excluding--

(aa) apportionments for the Federal lands highways program under section 204 of title 23, United States Code;

(bb) adjustments to sums apportioned under section 104 of that title due to the hold harmless adjustment under section 1015(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943); and

(cc) demonstration projects under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240).

(B) Obligation.--Amounts apportioned under subparagraph

(A)--

(i) shall be considered to be sums made available for expenditure on the surface transportation program, except that--

(I) the amounts shall not be subject to paragraphs (1) and

(2) of section 133(d) of title 23, United States Code; and

(II) 50 percent of the amounts shall be subject to section 133(d)(3) of that title;

(ii) shall be available for any purpose eligible for funding under section 133 of that title; and

(iii) shall remain available for obligation for a period of 3 years after the last day of the fiscal year for which the amounts are apportioned.

(i) In general.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this paragraph.

(ii) Contract authority.--Funds authorized under this subparagraph shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.

(d) Minimum Guarantee.--

(1) In general.--Section 105 of title 23, United States Code, is amended to read as follows:

``Sec. 105. Minimum guarantee

``(a) Adjustment.--

``(1) In general.--In fiscal year 1998 and each fiscal year thereafter on October 1, or as soon as practicable thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that--

``(A) the ratio that--

``(i) each State's percentage of the total apportionments for the fiscal year--

``(I) under section 104 for the Interstate and National Highway System program, the surface transportation program, metropolitan planning, and the congestion mitigation and air quality improvement program; and

(II) under section 204 for the Federal Lands Highways Program, under section 207 for the Cooperative Federal Lands Transportation Program, and under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) for the Appalachian Regional Development Highway System.

``(III) under this section and section 1102(c) of the Intermodal Surface Transportation Efficiency Act of 1997 for ISTEA transition; bears to

``(ii) each State's percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available;''.

____

Amendment No. 1777

Strikes pages 257 through 277 and insert the following:implemented, indicates total resources from public and private sources that are reasonably expected to be available to carry out the plan and recommends any additional financing strategies for needed projects and programs.

``(3) Coordination with clean air act agencies.--In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a long-range transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act.

``(4) Participation by interested parties.--Before adopting a long-range transportation plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the long-range transportation plan.

``(5) Publication of long-range transportation plan.--Each long-range transportation plan prepared by a metropolitan planning organization shall be--

``(A) published or otherwise made readily available for public review; and

``(B) submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.

``(h) Metropolitan Transportation Improvement Program.--

``(1) Development.--

``(A) In general.--In cooperation with the State and any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program for the area for which the organization is designated.

``(B) Opportunity for comment.--In developing the program, the metropolitan planning organization, in cooperation with the State and any affected public transit operator, shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program.

``(C) Funding estimates.--For the purpose of developing the transportation improvement program, the metropolitan planning organization, public transit agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation.

``(D) Updating and approval.--The program shall be updated at least once every 2 years and shall be approved by the metropolitan planning organization and the Governor.

``(2) Contents.--The transportation improvement program shall include--

``(A) a list, in order of priority, of proposed federally supported projects and strategies to be carried out within each 3-year-period after the initial adoption of the transportation improvement program; and

``(B) a financial plan that--

``(i) demonstrates how the transportation improvement program can be implemented;

``(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program and

``(iii) identifies innovative financing techniques to finance projects, programs, and strategies.

``(3) Included projects.--

``(A) Chapter 1 and chapter 53 projects.--A transportation improvement program developed under this subsection for a metropolitan area shall include the projects and strategies within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49.

``(B) Chapter 2 projects.--

``(i) Regionally significant projects.--Regionally significant projects proposed for funding under chapter 2 of this title shall be identified individually in the transportation improvement program.

``(ii) Other projects.--Projects proposed for funding under chapter 2 of this title that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program.

``(C) Consistency with long-range transportation plan.--Each project shall be consistent with the long-range transportation plan developed under subsection (g) for the area.

``(D) Requirement of anticipated full funding.--The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

``(4) Notice and comment.--Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any affected public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program.

``(5) Selection of projects.--

``(A) In general.--Except as otherwise provided in subsection (i)(4) and in addition to the transportation improvement program development required under paragraph (1), the selection of federally funded projects for implementation in metropolitan areas shall be carried out, from the approved transportation improvement program--

``(i) by--

``(I) in the case of projects under chapter 1, the State; and

``(II) in the case of projects under chapter 53 of title 49, the designated transit funding recipients; and

``(ii) in cooperation with the metropolitan planning organization.

``(B) Modifications to project priority.--Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project of higher priority in the program, except where either such project is relevant to a determination of conformity with the Clean Air Act, nor shall any such action be required to change the indicated source of funding for any project.

``(i) Transportation Management Areas.--

``(1) Designation.--

``(A) Required designations.--The Secretary shall designate as a transportation management area each urbanized area with a population of over 200,000 individuals.

``(B) Designations on request.--The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.

``(2) Transportation plans and programs.--Within a transportation management area, transportation plans and programs shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and any affected public transit operator.

``(3) Congestion management system.--Within a transportation management area, the transportation planning process under this section shall include a congestion management system that provides for effective management of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies.

``(4) Selection of projects.--

``(A) In general.--In addition to the transportation improvement program development required under subsection

(h)(1), all federally funded projects carried out within the boundaries of a transportation management area under this title (excluding projects carried out on the National Highway System) or under chapter 53 of title 49 shall be selected for implementation from the approved transportation improvement program by the metropolitan planning organization designated for the area in consultation with the State and any affected public transit operator.

``(B) National highway system projects.--Projects carried out within the boundaries of a transportation management area on the National Highway System shall be selected for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area.

``(5) Certification.--

``(A) In general.--The Secretary shall--

``(i) ensure that the metropolitan planning process in each transportation management area is being carried out in accordance with applicable provisions of Federal law; and

``(ii) subject to subparagraph (B), certify, not less often than once every 3 years, that the requirements of this paragraph are met with respect to the transportation management area.

``(B) Requirements for certification.--The Secretary may make the certification under subparagraph (A) if--

``(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and

``(ii) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor.

``(C) Effect of failure to certify.--

``(i) Withholding of funds.--If a metropolitan planning process is not certified, the Secretary may withhold up to 20 percent of the apportioned funds attributable to the transportation management area under this title and chapter 53 of title 49.

``(ii) Restoration of withheld funds.--The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary.

``(iii) Feasibility of private enterprise participation.--The Secretary shall not withhold certification under this paragraph based on the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49.

``(j) Abbreviated Plans and Programs for Certain Areas.--

``(1) In general.--Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated metropolitan transportation plan and program that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.

``(2) Nonattainment areas.--The Secretary may not permit abbreviated plans or programs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

``(k) Additional Requirements for Certain Nonattainment Areas.--

``(1) In general.--Notwithstanding any other provision of this title or chapter 53 of title 49, in the case of a transportation management area classified as nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be programmed in the area for any highway project that will result in a significant increase in carrying capacity for single occupant vehicles unless the project results from an approved congestion management system.

``(2) Applicability.--This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c).

``(l) Limitation.--Nothing in this section confers on a metropolitan planning organization the authority to impose any legal requirement on any transportation facility, provider, or project not eligible for assistance under this title or chapter 53 of title 49.

``(m) Funding.--

``(1) In general.--Funds set aside under section 104(f) of this title and section 5303 of title 49 shall be available to carry out this section.

``(2) Unused funds.--Any funds that are not used to carry out this section may be made available by the metropolitan planning organization to the State to fund activities under section 135.''.

(b) Technical Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 134 and inserting the following:

``134. Metropolitan planning.''.

SEC. 1602. STATEWIDE PLANNING.

Section 135 of title 23, United States Code, is amended to read as follows:

``Sec. 135. Statewide planning

``(a) General Requirements.--

``(1) Findings.--It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight throughout each State.

``(2) Development of plans and programs.--Subject to section 134 of this title and sections 5303 through 5305 of title 49, each State shall develop transportation plans and programs for all areas of the State.

``(3) Contents.--The plans and programs for each State shall provide for the development and integrated management and operation of transportation systems (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal State transportation system and an integral part of the intermodal transportation system of the United States.

``(4) Process of development.--The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

``(b) Scope of Planning Process.--Each State shall carry out a transportation planning process that shall consider the following:

``(1) Supporting the economic vitality of the United States, the States, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency.

``(2) Increasing the safety and security of the transportation system for motorized and nonmotorized users.

``(3) Increasing the accessibility and mobility options available to people and for freight.

``(4) Protecting and enhancing the environment, promoting energy conservation, and improving quality of life through land use planning.

``(5) Enhancing the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight.

``(6) Promoting efficient system management and operation.

``(7) Emphasizing the preservation of the existing transportation system.

``(c) Coordination With Metropolitan Planning; State Implementation Plan.--In carrying out planning under this section, a State shall--

``(1) coordinate the planning with the transportation planning activities carried out under section 134 for metropolitan areas of the State; and

``(2) carry out the responsibilities of the State for the development of the transportation portion of the State air quality implementation plan to the extent required by the Clean Air Act (42 U.S.C. 7401 et seq.).

``(d) Additional Requirements.--In carrying out planning under this section, each State shall, at a minimum, consider--

``(1) with respect to nonmetropolitan areas, the concerns of local elected officials representing units of general purpose local government;

``(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and

``(3) coordination of transportation plans, programs, and planning activities with related planning activities being carried out outside of metropolitan planning areas.

``(e) Long-Range Transportation Plan.--

``(1) Development.--Each State shall develop a long-range transportation plan, with a minimum 20-year forecast period, for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State.

``(2) Consultation with governments.--

``(A) Metropolitan areas.--With respect to each metropolitan area in the State, the plan shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134 of this title and section 5305 of title 49.

``(B) Nonmetropolitan areas.--With respect to each nonmetropolitan area, the plan shall be developed in consultation with local elected officials representing units of general purpose local government.

``(C) Indian tribal areas.--With respect to each area of the State under the jurisdiction of an Indian tribal government, the plan shall be developed in consultation with the tribal government and the Secretary of the Interior.

``(3) Participation by interested parties.--In developing the plan, the State shall--

``(A) provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed plan; and

``(B) identify transportation strategies necessary to efficiently serve the mobility needs of people.

``(f) State Transportation Improvement Program.--

``(1) Development.--

``(A) In general.--The State shall develop a transportation improvement program for all areas of the State.

``(B) Consultation with governments.--

``(i) Metropolitan areas.--With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134 of this title and section 5305 of title 49.

``(ii) Nonmetropolitan areas.--With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with units of general purpose local government.

``(iii) Indian tribal areas.--With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior.

``(C) Participation by interested parties.--In developing the program, the Governor shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program.

``(2) Included projects.--

``(A) In general.--A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State.

``(B) Chapter 2 projects.--

``(i) Regionally significant projects.--Regionally significant projects proposed for funding under chapter 2 shall be identified individually.

``(ii) Other projects.--Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually.

``(C) Consistency with long-range transportation plan.--Each project shall--

``(i) be consistent with the long-range transportation plan developed under this section for the State;

``(ii) be identical to the project as described in an approved metropolitan transportation improvement program; and

``(iii) be in conformance with the applicable State air quality implementation plan developed under the Clean Air Act

(42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as nonattainment for ozone or carbon monoxide under that Act.

``(D) Requirement of anticipated full funding.--

``(i) In general.--The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

``(E) Priorities.--The program shall reflect the priorities for programming and expenditures of funds, including transportation enhancements, required by this title.

``(3) Project selection for areas of less than 50,000 population.--

``(A) In general.--Projects carried out in areas with populations of less than 50,000 individuals (excluding projects carried out on the National Highway System) shall be selected, from the approved statewide transportation improvement program, by the State in cooperation with the affected local officials.

``(B) National highway system projects.--Projects carried out in areas described in subparagraph (A) on the National Highway System shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected local officials.

``(4) Biennial review and approval.--A transportation improvement program developed under this subsection shall be reviewed and, on a finding that the planning process through which the program was developed is consistent with this section and section 134, approved not less frequently than biennially by the Secretary.

``(5) Modifications to project priority.--Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved statewide transportation improvement program in place of another project of higher priority in the program except where either such project is relevant to a determination of conformity with the Clean Air Act, nor shall any such action be required to change the indicated source of funding for any project.

``(g) Funding.--Funds set aside under section 505 of this title and section 5313(b) of title 49 shall be available to carry out this section.''.

____

Amendment No. 1778

Strike pages 91 through 99 and insert the following:past or future availability, for use on park roads and parkways in a national park, of funds made available for use in a national park by this paragraph.

``(d) Rights-of-Way Across Federal Land.--Nothing in this section affects any claim for a right-of-way across Federal land.

``(e) Authorization of Contract Authority.--

``(1) In general.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $74,000,000 for each of fiscal years 1998 through 2003.

``(2) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1.''.

(b) Conforming Amendment.--The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 207 and inserting the following:

``207. Cooperative Federal Lands Transportation Program.''.

SEC. 1116. TRADE CORRIDOR AND BORDER CROSSING PLANNING AND

BORDER INFRASTRUCTURE.

(a) Definitions.--In this section:

(1) Affected Port of Entry.--The term ``affected port of entry'' means a seaport or airport in any State that demonstrates that the transportation of cargo by rail or motor carrier through the seaport or airport has increased significantly since the date of enactment of the Trade Agreement Implementation Act (Public Law 103-182).

(2) Border region.--The term ``border region'' means--

(A) the region located within 60 miles of the United States border with Mexico; and

(B) the region located within 60 miles of the United States border with Canada.

(3) Border state.--The term ``border State'' means a State of the United States that--

(A) is located along the border with Mexico; or

(B) is located along the border with Canada.

(4) Border station.--The term ``border station'' means a controlled port of entry into the United States located in the United States at the border with Mexico or Canada, consisting of land occupied by the station and the buildings, roadways, and parking lots on the land.

(5) Federal inspection agency.--The term ``Federal inspection agency'' means a Federal agency responsible for the enforcement of immigration laws (including regulations), customs laws (including regulations), and agriculture import restrictions, including the United States Customs Service, the Immigration and Naturalization Service, the Animal and Plant Health Inspection Service, the Food and Drug Administration, the United States Fish and Wildlife Service, and the Department of State.

(6) Gateway.--The term ``gateway'' means a grouping of border stations defined by proximity and similarity of trade.

(7) Non-federal governmental jurisdiction.--The term ``non-Federal governmental jurisdiction'' means a regional, State, or local authority involved in the planning, development, provision, or funding of transportation infrastructure needs.

(b) Border Crossing Planning Incentive Grants.--

(1) In general.--The Secretary shall make incentive grants to States and to metropolitan planning organizations designated under section 134 of title 23, United States Code.

(2) Use of grants.--The grants shall be used to encourage joint transportation planning activities and to improve people and vehicle movement into and through international gateways as a supplement to statewide and metropolitan transportation planning funding made available under other provisions of this Act and under title 23, United States Code.

(3) Condition of grants.--As a condition of receiving a grant under paragraph (1), a State transportation department or a metropolitan planning organization shall certify to the Secretary that it commits to be engaged in joint planning with its counterpart agency in Mexico or Canada.

(4) Limitation on amount.--Each State transportation department or metropolitan planning organization may receive not more than $100,000 under this subsection for any fiscal year.

(5) Authorization of contract authority.--

(A) In general.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $1,400,000 for each of fiscal years 1998 through 2003.

(1) Grants.--

(A) In general.--The Secretary shall make grants to States to encourage, within the framework of the statewide transportation planning process of the State under section 135 of title 23, United States Code, cooperative multistate corridor analysis of, and planning for, the safe and efficient movement of goods along and within international or interstate trade corridors of national importance and through affected ports of entry.

(B) Identification of corridors and Affected Ports of Entry.--Each corridor and affected port of entry referred to in subparagraph (A) shall be cooperatively identified by the States along the corridor or by the State in which the affected port of entry is located.

(2) Corridor and Affected Port of Entry plans.--

(A) In general.--As a condition of receiving a grant under paragraph (1), a State shall enter into an agreement with the Secretary that specifies that, not later than 2 years after receipt of the grant--(i) in cooperation with the other States along the corridor, the State will submit a plan for corridor improvements to the Secretary; or (ii) the State will submit a plan for affected port of entry improvements to the Secretary.

(B) Coordination of planning.--Planning with respect to a corridor under this subsection shall be coordinated with transportation planning being carried out by the States and metropolitan planning organizations along the corridor and, to the extent appropriate, with transportation planning being carried out by Federal land management agencies, by tribal governments, or by government agencies in Mexico or Canada.

(3) Multistate agreements for trade corridor planning.--The consent of Congress is granted to any 2 or more States--

(A) to enter into multistate agreements, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of interstate trade corridor planning activities; and

(B) to establish such agencies, joint or otherwise, as the States may determine desirable to make the agreements effective.

(4) Authorization of contract authority.--

(A) In general.--There shall be available from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $3,000,000 for each of fiscal years 1998 through 2003.

(d) Federal Assistance for Trade Corridors and Border and Affected Port of Entry Infrastructure Safety and Congestion Relief.--

(1) Applications for grants.--The Secretary shall make grants to States or metropolitan planning organizations that submit an application that--

(A) demonstrates need for assistance in carrying out transportation projects that are necessary to relieve traffic congestion or improve enforcement of motor carrier safety laws; and

(B) includes strategies to involve both the public and private sectors in the proposed project.

(2) Selection of states, metropolitan planning organizations, and projects to receive grants.--In selecting States, metropolitan planning organizations, and projects to receive grants under this subsection, the Secretary shall consider--

(A) the annual volume of commercial vehicle traffic at the border stations or ports of entry of each State as compared to the annual volume of commercial vehicle traffic at the border stations or ports of entry of all States;

(B) the extent to which commercial vehicle traffic in each State has grown since the date of enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182) as compared to the extent to which that traffic has grown in each other State;

(C) the extent of border and affected port of entry transportation improvements carried out by each State since the date of enactment of that Act;

(D) the reduction in commercial and other travel time through a major international gateway or affected port of entry expected as a result of the project;

(E) the extent of leveraging of Federal funds provided under this subsection, including--

(i) use of innovative financing;

(ii) combination with funding provided under other sections of this Act and title 23, United States Code; and

(iii) combination with other sources of Federal, State, local, or private funding;

(F) improvements in vehicle and highway safety and cargo security in and through the gateway or affected port of entry concerned;

(G) the degree of demonstrated coordination with Federal inspection agencies;

(H) the extent to which the innovative and problem solving techniques of the proposed project would be applicable to other border stations or ports of entry;

(I) demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry planning processes and improvement programs; and

(J) other factors to promote transport efficiency and safety, as determined by the Secretary.

____

Amendment No. 1779

At the appropriate place in subtitle D of title III, insert the following:

SEC. . TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.

(a) In General.--For a period of not less than 2 years beginning on or before the 90th day following the date of the enactment of this Act, the Secretary shall establish, maintain, and promote the use of a nationwide toll-free telephone system to be used by drivers of commercial motor vehicles and others to report potential violations of Federal motor carrier safety regulations and any laws or regulations relating to the safe operation of commercial motor vehicles.

(b) Monitoring.--The Secretary shall monitor reports received by the telephone system and shall consider information provided by such reports in setting priorities for motor carrier safety audits and other enforcement activities.

(1) Prohibition.--A person reporting a potential violation to the telephone system may not be discharged, disciplined, or discriminated against regarding pay, terms, or privileges of employment because of the reporting of such violation.

(2) Applicability of section 31105 of title 49.--For purposes of section 31105 of title 49, United States Code, a violation or alleged violation of paragraph (1) shall be treated as a violation of section 31105(a) of such title.

(d) Funding.--From amounts set aside under section 104(a) of title 23, United States Code, the Secretary may use not to exceed $300,000 per fiscal year for fiscal years 1998 through 2000 to carry out this section.

______

BINGAMAN (AND OTHERS) AMENDMENT NO. 1780

(Ordered to lie on the table.)

Mr. BINGAMAN (for himself, Mr. Domenici, and Mr. Bennett) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 8, line 4, insert ``and section 207(f)'' after

``(f)''.

On page 87, line 11, insert ``under subsection (e)'' after

``program''.

On page 89, line 16, insert ``under subsection (e)'' before

``for''.

On page 90, line 7, strike ``Notwithstanding'' and insert

``Subject to subsection (f), notwithstanding''.

On page 90, line 21, insert ``under subsection (e)'' after

``program''.

On page 91, line 10, add ``(other than subsection (f))'' at the end.

On page 91, line 16, strike the quotation marks and the following period.

On page 91, between lines 16 and 17, insert the following:

``(f) Additional Authorization of Contract Authority for States With Indian Reservations.--

``(1) Availability to states.--Not later than October 1 of each fiscal year, funds made available under paragraph (5) for the fiscal year shall be made available by the Secretary, in equal amounts, to each State that has within the boundaries of the State all or part of an Indian reservation having a land area of 10,000,000 acres or more.

``(2) Availability to eligible counties.--

``(A) In general.--Each fiscal year, each county that is located in a State to which funds are made available under paragraph (1), and that has in the county a public road described in subparagraph (B), shall be eligible to apply to the State for all or a portion of the funds made available to the State under this subsection to be used by the county to maintain such roads.

``(B) Roads.--A public road referred to in subparagraph (A) is a public road that--

``(i) is within, adjacent to, or provides access to an Indian reservation described in paragraph (1);

``(ii) is used by a school bus to transport children to or from a school or Headstart program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); and

``(iii) is maintained by the county in which the public road is located.

``(C) Allocation among eligible counties.--

``(i) In general.--Except as provided in clause (ii), each State that receives funds under paragraph (1) shall provide directly to each county that applies for funds the amount that the county requests in the application.

``(ii) Allocation among eligible counties.--If the total amount of funds applied for under this subsection by eligible counties in a State exceeds the amount of funds available to the State, the State shall equitably allocate the funds among the eligible counties that apply for funds.

``(3) Supplementary funding.--For each fiscal year, the Secretary shall ensure that funding made available under this subsection supplements (and does not supplant)--

``(A) any obligation of funds by the Bureau of Indian Affairs for road maintenance programs on Indian reservations; and

``(B) any funding provided by a State to a county for road maintenance programs in the county.

``(4) Use of unallocated funds.--Any portion of the funds made available to a State under this subsection that is not made available to counties within 1 year after the funds are made available to the State shall be apportioned among the States in accordance with section 104(b).

``(5) Set-aside.--For each of fiscal years 1998 through 2003, before making an apportionment of funds under section 104(b), the Secretary shall set aside $1,500,000 of the funds to carry out this subsection.''.

______

DASCHLE AMENDMENT NO. 1781

(Ordered to lie on the table.)

Mr. DASCHLE submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 370, line 19, after ``applications'' insert

``(including the use of advanced composites)''.

______

GRAHAM AMENDMENTS NOS. 1781-1795

(Ordered to lie on the table.)

Mr. GRAHAM submitted 14 amendments intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

Amendment No. 1782

On page 40, strike lines 7 through 10 and insert the following:198);

(H) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); and

(I) subsections (c) and (d) of section 1128.

____

Amendment No. 1783

On page 30, line 1, strike ``and''.

On page 30, line 13, strike the period at the end and insert ``; and''.

On page 30, between lines 13 and 14, insert the following:

``(C) for each of fiscal years 1998 through 2003, a State's total apportionments described in subclauses (I) and (II) of subparagraph (A)(i) for the fiscal year is not less than 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) determined in accordance with paragraph (3).

On page 30, before line 18, insert the following:

``(3) Determination of estimated tax payments.--

``(A) Estimates.--For the purpose of paragraph (1)(C), the estimated tax payments attributable to highway users in a State for a fiscal year shall be determined based on the estimated receipts for the previous fiscal year, as specified in the latest sequestration report prepared by the Office of Management and Budget under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904).

``(B) Reconciliation of estimates to actual amounts.--

``(i) In general.--Before making any calculation under subparagraph (A) to determine the amount of an allocation to a State under paragraph (1)(C) for a fiscal year, the Secretary shall adjust the amount of the estimated tax payments attributable to highway users in the State for the previous fiscal year to the extent that--

``(I) the actual tax payments attributable to highway users in the State for previous fiscal years were in excess of or less than the estimate for the previous fiscal years; and

``(II) the excess or deficit described in subclause (I) has not been previously taken into account under this clause.

``(ii) Data.--In carrying out clause (i), the Secretary shall use the latest data available from the Secretary of the Treasury.

``(C) Special rule for fiscal year 1998 and 1999 estimates.--In determining the amount of the estimated tax payments attributable to highway users in a State under paragraph (1)(C) for fiscal years 1998 and 1999--

``(i) the amount of the estimated tax payments for fiscal year 1998 shall be increased by \2/14\ of the amount of the estimated tax payments for fiscal year 1999; and

``(ii) the amount of the estimated tax payments for fiscal year 1999 shall be reduced by the amount of the increase under clause (i).

____

Amendment No. 1784

On page 30, between lines 13 and 14, insert the following:

``(C) for each of fiscal years 1998 through 2003, a State's total apportionments described in subclauses (I) and (II) of subparagraph (A)(i) for the fiscal year is not less than 95 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than Mass Transit Account) in the latest fiscal year in which data is available.

____

Amendment No. 1785

On page 29, line 8, insert ``and allocations'' after

``apportionments''.

On page 29, line 13, strike ``and''.

On page 29, line 14, after ``program'', insert the following: ``, and the Interstate 4R and bridge discretionary program''.

On page 29, strike line 15 and insert the following:

``(II) under section 165 for the national scenic byways program;

``(III) under section 206 for the recreational trails program;

``(IV) under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) for the Appalachian Development Highway System;

On page 29, line 16, strike ``(II)'' and insert ``(V)''.

On page 29, line 19, strike ``bears to''.

On page 29, between lines 19 and 20, insert the following:

``(VI) under section 1116 of the Intermodal Surface Transportation Efficiency Act of 1997 for trade corridor and border crossing planning and border infrastructure;

``(VII) under section 1128 of the Intermodal Surface Transportation Efficiency Act of 1997 (excluding allocations under the Federal lands highways program); and

``(VIII) under section 1604 of the Intermodal Surface Transportation Efficiency Act of 1997 for the transportation and community and system preservation pilot program; bears to

On page 30, line 1, strike ``0.90'' and insert ``0.95''.

____

Amendment No. 1786

On page 29, line 8, insert ``and allocations'' after

``apportionments''.

On page 29, strike line 15 and insert the following:

``(II) under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) for the Appalachian Development Highway System;

On page 29, line 16, strike ``(II)'' and insert ``(III)''.

On page 29, line 19, strike ``bears to''.

On page 29, between lines 19 and 20, insert the following:

``(IV) under section 1116 of the Intermodal Surface Transportation Efficiency Act of 1997 for trade corridor and border crossing planning and border infrastructure;

``(V) under section 1128 of the Intermodal Surface Transportation Efficiency Act of 1997 (excluding allocations under the Federal lands highways program); and

``(VI) under section 1604 of the Intermodal Surface Transportation Efficiency Act of 1997 for the transportation and community and system preservation pilot program; bears to

On page 30, line 1, strike ``0.90'' and insert ``0.95''.

____

Amendment No. 1787

On page 136, after line 22, add the following:

SEC. 11____. 95 PERCENT SAFETY NET ADJUSTMENT.

(a) Definition of State.--In this section, the term

``State'' has the meaning given the term in section 101 of title 23, United States Code.

(b) Adjustment.--

(1) In general.--For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that the ratio that--

(A) each State's percentage of the total apportionments for the fiscal year and the total allocations for the previous fiscal year for Federal-aid highway programs (excluding allocations specified in paragraph (2)); bears to

(B) the State's percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available;is not less than 0.95.

(2) Excluded allocations.--The allocations specified in this paragraph are allocations for--

(A) emergency relief under section 125 of title 23, United States Code;

(B) forest highways, Indian reservation roads, and parkways and park roads under section 202 of that title;

(D) nonconstruction safety grants under sections 402, 406, and 408 of that title; and

(E) motor carrier safety grants under section 31104 of title 49, United States Code.

(c) Reduction of Sums.--The sums made available under all programs covered by subsection (b) to States that do not receive an allocation under subsection (b) shall be reduced on a pro rata basis by such amount as is necessary to offset the budgetary impact resulting from subsection (b).

(d) Order of Calculation.--The adjustment required by subsection (b) shall be the last calculation made by the Secretary in apportioning Federal-aid highway funds to the States for each fiscal year.

(e) Applicability.--This section shall apply notwithstanding section 11____ (Chafee amendment No. 1684).

____

Amendment No. 1788

On page 136, after line 22, add the following:

SEC. 11____. 95 PERCENT SAFETY NET ADJUSTMENT.

(a) Definition of State.--In this section, the term

``State'' has the meaning given the term in section 101 of title 23, United States Code.

(b) Adjustment.--

(1) In general.--For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that the ratio that--

(A) the total apportionments for the fiscal year for Federal-aid highway programs under this Act and title 23, United States Code; and

(B) the amounts made available under section 1128, excluding allocations under the Federal lands highways program and to carry out section 1116; bears to

(2) the State's percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available;is not less than 0.95.

(d) Order of Calculation.--The adjustment required by subsection (b) shall be the last calculation made by the Secretary in apportioning Federal-aid highway funds to the States for each fiscal year.

(e) Applicability.--This section shall apply notwithstanding section 1128.

____

Amendment No. 1789

On page 136, after line 22, add the following:

SEC. 11____. 95 PERCENT SAFETY NET ADJUSTMENT.

(a) Definition of State.--In this section, the term

``State'' has the meaning given the term in section 101 of title 23, United States Code.

(b) Adjustment.--For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that the ratio that--

(1) each State's percentage of the sum of--

(A) the total apportionments for the fiscal year for Federal-aid highway programs under this Act and title 23, United States Code; and

(B) the amounts made available under section 1128, excluding allocations under the Federal lands highways program and to carry out section 1116; bears to

(c) Reduction of Sums.--The sums made available under all allocated Federal-aid highway programs under this Act and title 23, United States Code (excluding allocations made available under section 1128), shall be reduced on a pro rata basis by such amount as is necessary to offset the budgetary impact resulting from subsection (b).

(d) Order of Calculation.--The adjustment required by subsection (b) shall be the last calculation made by the Secretary in apportioning Federal-aid highway funds to the States for each fiscal year.

(e) Applicability.--This section shall apply notwithstanding section 1128.

____

Amendment No. 1790

On page 30, line 1, strike ``and''.

On page 30, line 13, strike the period at the end and insert ``; and''.

On page 30, between lines 13 and 14, insert the following:

``(C) for each of fiscal years 1998 through 2003, a State's total apportionments described in subclauses (I) and (II) of subparagraph (A)(i) for the fiscal year is not less than 90 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) determined in accordance with paragraph (3).

On page 30, before line 18, insert the following:

``(3) Determination of estimated tax payments.--

``(B) Reconciliation of estimates to actual amounts.--

``(I) the actual tax payments attributable to highway users in the State for previous fiscal years were in excess of or less than the estimate for the previous fiscal years; and

``(II) the excess or deficit described in subclause (I) has not been previously taken into account under this clause.

``(ii) Data.--In carrying out clause (i), the Secretary shall use the latest data available from the Secretary of the Treasury.

``(i) the amount of the estimated tax payments for fiscal year 1998 shall be increased by \2/14\ of the amount of the estimated tax payments for fiscal year 1999; and

``(ii) the amount of the estimated tax payments for fiscal year 1999 shall be reduced by the amount of the increase under clause (i).

____

Amendment No. 1791

On page 30, between lines 13 and 14, insert the following:

``(C) for each of fiscal years 1998 through 2003, a State's total apportionments described in subclauses (I) and (II) of subparagraph (A)(i) for the fiscal year is not less than 90 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than Mass Transit Account) in the latest fiscal year in which data is available.

____

Amendment No. 1792

On page 29, line 13, strike ``and''.

On page 29, line 14, after ``program'', insert the following: ``, and the Interstate 4R and bridge discretionary program''.

On page 29, strike line 15 and insert the following:

``(II) under section 165 for the national scenic byways program;

``(III) under section 206 for the recreational trails program;

``(IV) under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) for the Appalachian Development Highway System;

On page 29, line 16, strike ``(II)'' and insert ``(V)''.

On page 29, line 18, strike ``bears to''.

On page 29, between lines 18 and 19, insert the following:

``(VI) under section 1116 of the Intermodal Transportation Act of 1997 for trade corridor and border crossing planning; and

``(VII) under section 1604 of the Intermodal Transportation Act of 1997 for the transportation and community and system preservation pilot program; bears to''.

____

Amendment No. 1793

On page 30, strike line 1 and insert the following:

``is not less than 0.90 for fiscal year 1998, 0.91 for fiscal year 1999, 0.92 for fiscal year 2000, 0.93 for fiscal year 2001, 0.94 for fiscal year 2002, or 0.95 for fiscal year 2003; and''.

____

Amendment No. 1794

On page 29, line 8, insert ``and allocations'' after

``apportionments''.

On page 29, line 13, strike ``and''.

On page 29, line 14, after ``program'', insert the following: ``, and the Interstate 4R and bridge discretionary program''.

On page 29, strike line 15 and insert the following:

``(II) under section 165 for the national scenic byways program;

``(III) under section 206 for the recreational trails program;

``(IV) under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) for the Appalachian Development Highway System;

On page 29, line 16, strike ``(II)'' and insert ``(V)''.

On page 29, line 19, strike ``bears to''.

On page 29, between lines 19 and 20, insert the following:

``(VI) under section 1116 of the Intermodal Surface Transportation Efficiency Act of 1997 for trade corridor and border crossing planning and border infrastructure;

``(VII) under section 1128 of the Intermodal Surface Transportation Efficiency Act of 1997 (excluding allocations under the Federal lands highways program); and

``(VIII) under section 1604 of the Intermodal Surface Transportation Efficiency Act of 1997 for the transportation and community and system preservation pilot program; bears to

On page 30, line 1, strike ``0.90'' and insert ``0.91''.

____

Amendment No. 1795

On page 29, line 8, insert ``and allocations'' after

``apportionments''.

On page 29, strike line 15 and insert the following:

``(II) under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) for the Appalachian Development Highway System;

On page 29, line 16, strike ``(II)'' and insert ``(III)''.

On page 29, line 19, strike ``bears to''.

On page 29, between lines 19 and 20, insert the following:

``(IV) under section 1116 of the Intermodal Surface Transportation Efficiency Act of 1997 for trade corridor and border crossing planning and border infrastructure;

``(V) under section 1128 of the Intermodal Surface Transportation Efficiency Act of 1997 (excluding allocations under the Federal lands highways program); and

``(VI) under section 1604 of the Intermodal Surface Transportation Efficiency Act of 1997 for the transportation and community and system preservation pilot program; bears to

On page 30, line 1, strike ``0.90'' and insert ``0.91''.

______

GRAHAM (AND OTHERS) AMENDMENT NO. 1796

(Ordered to lie on the table.)

Mr. GRAHAM (for himself, Mr. Abraham, Mr. Kohl, Mr. Thurmond, Mr. Mack, Mr. Coats, Mr. Levin, Mr. Lugar, and Mr. McCain) submitted an amendment intended to be proposed by them to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 136, after line 22, add the following:

SEC. 11____. 91 PERCENT SAFETY NET ADJUSTMENT.

(a) Definition of State.--In this section, the term

``State'' has the meaning given the term in section 101 of title 23, United States Code.

(b) Adjustment.--

(1) In general.--For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that the ratio that--

(A) the total apportionments for the fiscal year for Federal-aid highway programs under this Act and title 23, United States Code; and

(B) the amounts made available under section 1128, excluding allocations under the Federal lands highways program and to carry out section 1116; bears to

(d) Order of Calculation.--The adjustment required by subsection (b) shall be the last calculation made by the Secretary in apportioning Federal-aid highway funds to the States for each fiscal year.

(e) Applicability.--This section shall apply notwithstanding section 1128.

______

GRAHAM AMENDMENT NO. 1797

(Ordered to lie on the table.)

Mr. GRAHAM submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows:

On page 218, after line 25, add the following:

SEC. 13____. IMPOSITION OF ANNUAL FEE ON TIFIA RECIPIENTS.

(a) In General.--There is hereby imposed on any recipient of a Federal credit instrument under this part (as defined in section 1313(2)), an annual fee equal to the applicable percentage of the average outstanding Federal credit instrument amount made available to such recipient during the year under this part.

(b) Time of Imposition.--The fee described in subsection

(a) shall be imposed on the annual anniversary date of the receipt of the Federal credit instrument (as so defined).

(c) Applicable Percentage.--For purposes of subsection (a), the applicable percentage is, with respect to an annual anniversary date occurring in--

(1) fiscal years 1999 through 2003, 1.9095 percent, and

(2) fiscal years after 2003, 0.5144 percent.

(d) Termination.--The fee imposed by this section shall not apply with respect to annual anniversary dates occurring after September 30, 2008.

(e) Deposit of Receipts.--The fees collected by the Secretary of Transportation under this section shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts.

______

GRAHAM (AND OTHERS) AMENDMENT NO. 1798

(Ordered to lie on the table.)

On page 136, after line 22, add the following:

SEC. 11____. 91 PERCENT SAFETY NET ADJUSTMENT.

(a) Definition of State.--In this section, the term

``State'' has the meaning given the term in section 101 of title 23, United States Code.

(b) Adjustment.--For each of fiscal years 1998 through 2003, the Secretary shall allocate among the States amounts sufficient to ensure that the ratio that--

(1) each State's percentage of the sum of--

(A) the total apportionments for the fiscal year for Federal-aid highway programs under this Act and title 23, United States Code; and

(B) the amounts made available under section 1128, excluding allocations under the Federal lands highways program and to carry out section 1116; bears to

(d) Order of Calculation.--The adjustment required by subsection (b) shall be the last calculation made by the Secretary in apportioning Federal-aid highway funds to the States for each fiscal year.

(e) Applicability.--This section shall apply notwithstanding section 1128.

______

GRAHAM (AND COATS) AMENDMENT NO. 1799

(Ordered to lie on the table.)

Mr. GRAHAM (for himself and Mr. Coats) submitted an amendment intended to be proposed by him to amendment No. 1676 proposed by Mr. Chafee to the bill, S. 1173, supra; as follows: