[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
September 20, 1995.
Resolved, That the bill from the Senate (S. 440) entitled ``An Act to amend
title 23, United States Code, to provide for the designation of the National
Highway System, and for other purposes'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Highway
System Designation Act of 1995''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--NATIONAL HIGHWAY SYSTEM
Sec. 101. National Highway System designation.
TITLE II--HIGHWAY FUNDING RESTORATION
Sec. 201. Short title.
Sec. 202. Findings and purposes.
Sec. 203. State high priority project restoration program.
Sec. 204. Rescissions.
Sec. 205. State unobligated balance flexibility.
Sec. 206. Minimum allocation.
Sec. 207. Relief from mandates.
Sec. 208. Definitions.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Distribution of transit operating assistance limitation.
Sec. 302. Accountability for high cost Federal-aid projects.
Sec. 303. Letters of intent and full financing grant and early systems
work agreements.
Sec. 304. Report on capital projects.
Sec. 305. Repeal and modification of existing projects.
Sec. 306. Miscellaneous transit projects.
Sec. 307. Metropolitan planning for transit projects.
Sec. 308. Contracting for engineering and design services.
Sec. 309. Ferry boats and terminal facilities.
Sec. 310. Utilization of the private sector for surveying and mapping
services.
Sec. 311. Formula grant program.
Sec. 312. Accessibility of over-the-road buses to individuals with
disabilities.
Sec. 313. Alaska Railroad.
Sec. 314. Alcohol and controlled substances testing.
Sec. 315. Alcohol-impaired driving countermeasures.
Sec. 316. Safety research initiatives.
Sec. 317. Public transit vehicles exemption.
Sec. 318. Congestion mitigation and air quality improvement program.
Sec. 319. Quality improvement.
Sec. 320. Applicability of transportation conformity requirements.
Sec. 321. Quality through competition.
Sec. 322. Applicability of certain vehicle weight limitations in
Wisconsin.
Sec. 323. Treatment of Centennial Bridge, Rock Island, Illinois,
agreement.
Sec. 324. Metric requirements and signs.
Sec. 325. ISTEA technical clarification.
Sec. 326. Metropolitan planning for highway projects.
Sec. 327. Non-Federal share for certain toll bridge projects.
Sec. 328. Discovery and admission as evidence of certain reports and
surveys.
Sec. 329. National recreational trails.
Sec. 330. Identification of high priority corridors.
Sec. 331. High priority corridor feasibility studies.
Sec. 332. High cost bridge projects.
Sec. 333. Congestion relief projects.
Sec. 334. High priority corridors on National Highway System.
Sec. 335. High priority corridor projects.
Sec. 336. Rural access projects.
Sec. 337. Urban access and mobility projects.
Sec. 338. Innovative projects.
Sec. 339. Intermodal projects.
Sec. 340. Miscellaneous revisions to Surface Transportation and Uniform
Relocation Assistance Act of 1987.
Sec. 341. Eligibility.
Sec. 342. Orange County, California, toll roads.
Sec. 343. Miscellaneous studies.
Sec. 344. Collection of bridge tolls.
Sec. 345. National driver register.
Sec. 346. Roadside barrier technology.
Sec. 347. Motorist call boxes.
Sec. 348. Repeal of national maximum speed limit compliance program.
Sec. 349. Elimination of penalty for noncompliance for motorcycle
helmets.
Sec. 350. Safety rest areas.
Sec. 351. Exemptions from requirements relating to commercial motor
vehicles and their operators.
Sec. 352. Traffic control signs.
Sec. 353. Brightman Street Bridge, Fall River Harbor, Massachusetts.
Sec. 354. Motor carrier safety program.
Sec. 355. Technical amendment.
Sec. 356. Safety report.
Sec. 357. Operation of motor vehicles by intoxicated minors.
Sec. 358. Effectiveness of drunk driving laws.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--NATIONAL HIGHWAY SYSTEM
SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.
Section 103 of title 23, United States Code, is amended by
inserting after subsection (b) the following:
``(c) Initial Designation of NHS.--The National Highway System as
submitted by the Secretary of Transportation on the map entitled
`Official Submission, National Highway System, Federal Highway
Administration', and dated September 1, 1995, is hereby designated
within the United States, including the District of Columbia and the
Commonwealth of Puerto Rico.
``(d) Modifications to the NHS.--
``(1) Proposed modifications.--The Secretary may submit for
approval to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives proposed
modifications to the National Highway System. The Secretary may
only propose a modification under this subsection if the
Secretary determines that such modification meets the criteria
and requirements of subsection (b). Proposed modifications may
include new segments and deletion of existing segments of the
National Highway System.
``(2) Approval of congress required.--A modification to the
National Highway System may only take effect if a law has been
enacted approving such modification.
``(3) Required submissions.--
``(A) Initial submission.--Not later than 180 days
after the date of the enactment of the National Highway
System Designation Act of 1995, the Secretary shall
submit under paragraph (1) proposed modifications to
the National Highway System. Such modifications shall
include a list and description of additions to the
National Highway System consisting of connections to
major ports, airports, international border crossings,
public transportation and transit facilities,
interstate bus terminals, and rail and other intermodal
transportation facilities.
``(B) Congressional high priority corridors.--Upon
the completion of feasibility studies, the Secretary
shall submit under paragraph (1) proposed modifications
to the National Highway System consisting of any
congressional high priority corridor or any segment
thereof established by section 1105 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105
Stat. 2037) which was not identified on the National
Highway System designated by subsection (c).
``(4) Interim eligibility.--
``(A) In general.--Notwithstanding paragraph (2), a
modification to the National Highway System which adds
to the National Highway System a connection to a major
port, airport, international border crossing, public
transportation or transit facility, interstate bus
terminal, or rail or other intermodal transportation
facility shall be eligible for funds apportioned under
section 104(b)(1) for the National Highway System if
the Secretary finds that such modification is
consistent with criteria developed by the Secretary for
such modifications to the National Highway System.
``(B) Period of eligibility.--A modification to the
National Highway System which is eligible under
subparagraph (A) for funds apportioned under section
104(b)(1) may remain eligible for such funds only until
the date on which a law has been enacted approving
modifications to the National Highway System which
connect the National Highway System to facilities
referred to in subparagraph (A).''.
TITLE II--HIGHWAY FUNDING RESTORATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Highway Funding Restoration Act of
1995''.
SEC. 202. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) Federal infrastructure spending on highways is critical
to the efficient movement of goods and people in the United
States;
(2) section 1003(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 has been estimated to
result in fiscal year 1996 highway spending being reduced by as
much as $4,200,000,000;
(3) such section 1003(c) will cause every State to lose
critical funds from the Highway Trust Fund that can never be
recouped; and
(4) the funding reduction would have disastrous effects on
the national economy, impede interstate commerce, and
jeopardize the 40-year Federal investment in the Nation's
highway system.
(b) Purposes.--The purposes of this Act are--
(1) to make the program categories in the current Federal-
aid highway program more flexible so that States may fund
current, high-priority projects in fiscal year 1996;
(2) to eliminate programs that are not critical during
fiscal year 1996 and to reallocate funds so that the States
will be able to continue their core transportation
infrastructure programs;
(3) to restore funding for exempt highway programs;
(4) to ensure the equitable distribution of funds to
urbanized areas with a population over 200,000 in a manner
consistent with the Intermodal Surface Transportation
Efficiency Act of 1991; and
(5) to suspend certain penalties that would be imposed on
the States in fiscal year 1996.
SEC. 203. STATE HIGH PRIORITY PROJECT RESTORATION PROGRAM.
(a) In General.--On October 1 of each of fiscal years 1996 and
1997, or as soon as possible thereafter, the Secretary shall allocate
among the States the amounts made available to carry out this section
for Interstate highway substitute, National Highway System, surface
transportation program, Interstate, congestion mitigation and air
quality improvement program, bridge, hazard elimination, and rail-
highway crossings projects.
(b) Allocation Formula.--Funds made available to carry out this
section shall be allocated among the States in accordance with the
following table:
States: Allocation Percentages
Alabama................................................ 1.80
Alaska................................................. 1.20
Arizona................................................ 1.43
Arkansas............................................... 1.42
California............................................. 9.17
Colorado............................................... 1.27
Connecticut............................................ 1.74
Delaware............................................... 0.39
District of Columbia................................... 0.52
Florida................................................ 4.04
Georgia................................................ 2.92
Hawaii................................................. 0.54
Idaho.................................................. 0.70
Illinois............................................... 3.88
Indiana................................................ 2.18
Iowa................................................... 1.27
Kansas................................................. 1.13
Kentucky............................................... 1.53
Louisiana.............................................. 1.52
Maine.................................................. 0.65
Maryland............................................... 1.68
Massachusetts.......................................... 4.11
Michigan............................................... 2.75
Minnesota.............................................. 1.69
Mississippi............................................ 1.11
Missouri............................................... 2.28
Montana................................................ 0.93
Nebraska............................................... 0.79
Nevada................................................. 0.69
New Hampshire.......................................... 0.48
New Jersey............................................. 2.86
New Mexico............................................. 1.02
New York............................................... 5.35
North Carolina......................................... 2.62
North Dakota........................................... 0.64
Ohio................................................... 3.64
Oklahoma............................................... 1.36
Oregon................................................. 1.23
Pennsylvania........................................... 4.93
Rhode Island........................................... 0.56
South Carolina......................................... 1.42
South Dakota........................................... 0.69
Tennessee.............................................. 2.00
Texas.................................................. 6.21
Utah................................................... 0.73
Vermont................................................ 0.43
Virginia............................................... 2.28
Washington............................................. 2.05
West Virginia.......................................... 1.15
Wisconsin.............................................. 1.90
Wyoming................................................ 0.65
Puerto Rico............................................ 0.46
Territories............................................ 0.01.
(c) Effect of Allocations.--Funds distributed to States under
subsection (b) shall not affect calculations to determine allocations
to States under section 157 of title 23, United States Code, and
sections 1013(c), 1015(a), and 1015(b) of the Intermodal Surface
Transportation Efficiency Act of 1991.
(d) Period of Availability.--Notwithstanding any other provision of
law, amounts made available to carry out this section shall be
available for obligation for the fiscal year for which such amounts are
made available plus the 3 succeeding fiscal years and shall be subject
to the provisions of title 23, United States Code. Obligation
limitations for Federal-aid highways and highway safety construction
programs established by the Intermodal Surface Transportation
Efficiency Act of 1991 and subsequent laws shall apply to obligations
made under this section.
(e) Special Rule for Urbanized Areas of Over 200,000.--
(1) General rule.--The percentage determined under
paragraph (2) of funds allocated to a State under this section
for a fiscal year shall be obligated in urbanized areas of the
State with an urbanized population of over 200,000 under
section 133(d)(3) of title 23, United States Code.
(2) Percentage.--The percentage referred to in paragraph
(1) is the percentage determined by dividing--
(A) the total amount of the reduction in funds
which would have been attributed under section
133(d)(3) of title 23, United States Code, to urbanized
areas of the State with an urbanized population of over
200,000 for fiscal year 1996 as a result of the
application of section 1003(c) of the Intermodal
Surface Transportation Efficiency Act of 1991; by
(B) the total amount of the reduction in authorized
funds for fiscal year 1996 that would have been
allocated to the State, and that would have been
apportioned to the State, as a result of the
application of such section 1003(c).
(f) Limitation on Planning Expenditures.--One-half of 1 percent of
amounts allocated to each State under this section in any fiscal year
may be available for expenditure for the purpose of carrying out the
requirements of section 134 of title 23, United States Code (relating
to transportation planning). 1\1/2\ percent of the amounts allocated to
each State under this section in any fiscal year may be available for
expenditure for the purpose of carrying out activities referred to in
subsection (c) of section 307 of such title (relating to transportation
planning and research).
(g) Authorization of Appropriations.--There are authorized to be
appropriated, out of the Highway Trust Fund (other than the Mass
Transit Account), to carry out this section $321,420,595 for fiscal
year 1996 and $155,000,000 for fiscal year 1997.
(h) Applicability of Chapter 1 of Title 23.--Except as otherwise
provided in this section, funds allocated under this section shall be
available for obligation in the same manner and for the same purposes
as if such funds were apportioned under chapter 1 of title 23, United
States Code.
(i) Territories Defined.--In this section, the term ``territories''
means the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
SEC. 204. RESCISSIONS.
(a) Rescissions.--Effective October 1, 1995, and after any
necessary reductions are made under section 1003(c) of the Intermodal
Surface Transportation Efficiency Act of 1991, the following
unobligated balances available on September 30, 1995, of funds made
available for the following provisions are hereby rescinded:
(1) $78,993.92 made available by section 131(c) of the
Surface Transportation Assistance Act of 1982.
(2) $798,701.04 made available by section 131(j) of the
Surface Transportation Assistance Act of 1982.
(3) $942,249 made available for section 149(a)(66) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987.
(4) $88,195 made available for section 149(a)(111)(C) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(5) $155,174.41 made available for section 149(a)(111)(E)
of the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(6) $36,979.05 made available for section 149(a)(111)(J) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(7) $34,281.53 made available for section 149(a)(111)(K) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(8) $164,532 made available for section 149(a)(111)(L) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(9) $86,070.82 made available for section 149(a)(111)(M) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(10) $52,834 made available for section 149(a)(95) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987.
(11) $909,131 made available for section 149(a)(99) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987.
(12) $3,817,000 made available for section 149(a)(35) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987.
(13) $797,800 made available for section 149(a)(100) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987.
(14) $2 made available by section 149(c)(3) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987.
(15) $44,706,878 made available by section 1012(b)(6) of
the Intermodal Surface Transportation Efficiency Act of 1991.
(16) $15,401,107 made available by section 1003(a)(7) of
the Intermodal Surface Transportation Efficiency Act of 1991.
(17) $1,000,000 made available by item number 38 of the
table contained in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991.
(18) $150,000,000 deducted by the Secretary under section
104(a) of title 23, United States Code.
(19) $10,800,000 made available by section 5338(a)(1) of
title 49, United States Code.
(b) Reductions in Authorized Amounts.--
(1) Magnetic levitation.--Section 1036(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1986) is amended--
(A) in subparagraph (A) by inserting ``and'' after
``1994,'';
(B) in subparagraph (A) by striking ``,
$125,000,000'' and all that follows through ``1997'';
and
(C) in subparagraph (B) by striking ``1996, and
1997'' and inserting ``and 1996''.
(2) Highway safety programs.--Section 2005(1) of such Act
(105 Stat. 2079) is amended--
(A) by striking ``and'' the first place it appears
and inserting a comma; and
(B) by striking ``1996, and 1997'' and inserting
``and 1996, and $146,000,000 for 1997''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the day after the date on which
authorized funds for fiscal year 1996 are reduced as a result
of application of section 1003(c) of such Act.
(c) Congestion Pricing Pilot Program Transfers.--After the date on
which authorized funds for fiscal year 1996 are reduced as a result of
application of section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991, the amounts made available for fiscal years
1996 and 1997 to carry out section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1938) shall be
available to carry out section 203 of this Act, relating to the State
high priority restoration program.
SEC. 205. STATE UNOBLIGATED BALANCE FLEXIBILITY.
(a) Reduction in Federal Funding.--
(1) Notification of states.--On October 1, 1995, or as soon
as possible thereafter, the Secretary shall notify each State
of the total amount of the re-
duction in authorized funds for fiscal year 1996 that would have been
allocated to such State, and that would have been apportioned to such
State, as a result of application of section 1003(c) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Exclusion of certain funding.--In determining the
amount of any reduction under paragraph (1), the Secretary
shall deduct--
(A) the amount allocated to each State in fiscal
year 1996 to carry out section 203 of this Act,
relating to the State high priority project restoration
program; and
(B) any amounts made available under section
157(a)(4)(B)(iii) of title 23, United States Code, for
fiscal year 1996.
(b) Unobligated Balance Flexibility.--Upon request of a State, the
Secretary shall make available to carry out projects described in
section 203(a) of this Act in fiscal year 1996 an amount not to exceed
the amount determined under subsection (a) for the State. Such funds
shall be made available from authorized funds that were allocated or
apportioned to such State and were not obligated as of September 30,
1995. The State shall designate on or before November 1, 1995, or as
soon as possible thereafter which of such authorized funds are to be
made available under this section to carry out such projects. The
Secretary shall make available before November 15, 1995, or as soon as
possible thereafter funds designated under the preceding sentence to
the State.
(c) Special Rule for Urbanized Areas of Over 200,000.--Funds which
were apportioned to the State under section 104(b)(3) of title 23,
United States Code, and attributed to urbanized areas of a State with
an urbanized population of over 200,000 under section 133(d)(3) of such
title may only be designated by the State under subsection (b) if the
metropolitan planning organization designated for such area concurs, in
writing, with such designation.
(d) Congestion Mitigation and Air Quality Balances.--States may
designate under subsection (b) funds apportioned under section
104(b)(2) of title 23, United States Code, and not obligated as of
September 30, 1995, to carry out projects described in section 203(a)
of this Act only if such funds will be obligated in areas described in
section 104(b)(2) of such title or, in the case of a State which does
not include such an area, the funds may be obligated in any area of the
State.
(e) Interstate Construction Balances.--A State may not designate
under subsection (b) any more than \1/3\ of funds apportioned or
allocated to the State for Interstate construction and not obligated as
of September 30, 1995.
(f) Period of Availability.--Notwithstanding any other provision of
law, amounts designated under subsection (b) shall be available for
obligation for the same period for which such amounts were originally
made available for obligation and shall be subject to the provisions of
title 23, United States Code. Obligation limitations for Federal-aid
highways and highway safety construction programs established by the
Intermodal Surface Transportation Efficiency Act of 1991 and subsequent
laws shall apply to obligations made under this section.
(g) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect calculations to determine allocations to
States under section 157 of title 23, United States Code, and sections
1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation
Efficiency Act of 1991.
(h) State.--In this section and section 203, the term ``State'' has
the meaning such term has under section 401 of title 23, United States
Code.
SEC. 206. MINIMUM ALLOCATION.
(a) Formula.--Section 157(a)(4) of title 23, United States Code, is
amended--
(1) by striking ``In fiscal'' and inserting the following:
``(A) In general.--In fiscal'';
(2) by inserting ``funds authorized to be appropriated by
subsection (f)'' after ``shall allocate'';
(3) by moving subparagraph (A), as designated by paragraph
(1) of this subsection, 2 ems to the right; and
(4) by adding at the end the following:
``(B) Additional allocation.--If the aggregate
amount allocated to the States under subparagraph (A)
after application of section 1003(c) the Intermodal
Surface Transportation Efficiency Act of 1991 for any
fiscal year beginning after September 30, 1995, is less
than the amount authorized to be appropriated to carry
out this section for such fiscal year, then the excess
of such authorized amount shall be allocated as
follows:
``(i) The Secretary shall first allocate to
each State such amount as may be necessary to
increase the allocation under subparagraph (A)
to the amount that would have been allocated to
the State for such fiscal year if the full
amount of the funds authorized to be
appropriated for such fiscal year by such Act
out of the Highway Trust Fund (other than the
Mass Transit Account) were appropriated without
regard to such section 1003(c).
``(ii) If any of such excess remains after
the allocation under clause (i), the Secretary
shall allocate to each State such amount as may
be necessary so that the amount authorized to
be appropriated for such fiscal year for each
project to be carried out in such State under
sections 1103 through 1108 of such Act without
regard to section 1003(c) of such Act is
available for the project.
``(iii) The Secretary shall allocate among
the States any excess remaining after the
allocations under clauses (i) and (ii) so that
each State is allocated the following
percentages of the remaining excess:
``States: Percentages
Alabama................................ 1.80
Alaska................................. 1.20
Arizona................................ 1.43
Arkansas............................... 1.42
California............................. 9.17
Colorado............................... 1.27
Connecticut............................ 1.74
Delaware............................... 0.39
District of Columbia................... 0.52
Florida................................ 4.04
Georgia................................ 2.92
Hawaii................................. 0.54
Idaho.................................. 0.70
Illinois............................... 3.88
Indiana................................ 2.18
Iowa................................... 1.27
Kansas................................. 1.13
Kentucky............................... 1.53
Louisiana.............................. 1.52
Maine.................................. 0.65
Maryland............................... 1.68
Massachusetts.......................... 4.11
Michigan............................... 2.75
Minnesota.............................. 1.69
Mississippi............................ 1.11
Missouri............................... 2.28
Montana................................ 0.93
Nebraska............................... 0.79
Nevada................................. 0.69
New Hampshire.......................... 0.48
New Jersey............................. 2.86
New Mexico............................. 1.02
New York............................... 5.35
North Carolina......................... 2.62
North Dakota........................... 0.64
Ohio................................... 3.64
Oklahoma............................... 1.36
Oregon................................. 1.23
Pennsylvania........................... 4.93
Rhode Island........................... 0.56
South Carolina......................... 1.42
South Dakota........................... 0.69
Tennessee.............................. 2.00
Texas.................................. 6.21
Utah................................... 0.73
Vermont................................ 0.43
Virginia............................... 2.28
Washington............................. 2.05
West Virginia.......................... 1.15
Wisconsin.............................. 1.90
Wyoming................................ 0.65
Puerto Rico............................ 0.46
Territories............................ 0.01.
``(C) Territories defined.--In this paragraph, the
term `territories' means the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.''.
(b) Special Rule for Urbanized Areas of Over 200,000 in Fiscal
Years 1996 and 1997.--Section 157 of such title is amended--
(1) by redesignating subsections (d) and (e) as subsection
(e) and (f), respectively, and
(2) by inserting after subsection (c) the following:
``(d) Special Rule for Urbanized Areas of Over 200,000 in Fiscal
Years 1996 and 1997.--
``(1) General rule.--The percentage determined under
paragraph (2) of funds allocated to a State under subsection
(a)(4)(B)(iii) for each of fiscal years 1996 and 1997 shall be
obligated in urbanized areas of the State with an urbanized
population of over 200,000 under section 133(d)(3).
``(2) Percentage.--The percentage referred to in paragraph
(1) is the percentage determined by dividing--
``(A) the total amount of the reduction in funds
which would have been attributed under section
133(d)(3) to urbanized areas of the State with an
urbanized population of over 200,000 for fiscal year
1996 as a result of the application of section 1003(c)
of the Intermodal Surface Transportation Efficiency Act
of 1991; by
``(B) the total amount of the reduction in
authorized funds for fiscal year 1996 that would have
been allocated to the State, and that would have been
apportioned to the State, as a result of the
application of such section 1003(c).''.
(c) Funding.--Section 157(f) of such title, as redesignated by
subsection (b), is amended by inserting before the period the
following: ``and before October 1, 1995, $1,101,000,000 for fiscal year
1996, $1,378,000,000 for fiscal year 1997''.
SEC. 207. RELIEF FROM MANDATES.
(a) Management Systems.--The Secretary shall not take any action
pursuant to or enforce the provisions of section 303(c) of title 23,
United States Code, with respect to any State during fiscal year 1996.
(b) Asphalt Pavement Containing Recycled Rubber.--Section 1038 of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1987-1990) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 208. DEFINITIONS.
In this title, the following definitions apply:
(1) Authorized funds.--The term ``authorized funds'' means
funds authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out title
23, United States Code (other than sections 402 and 410) and
the Intermodal Surface Transportation Efficiency Act of 1991
and subject to an obligation limitation.
(2) Urbanized area.--The term ``urbanized area'' has the
meaning such term has under section 101(a) of title 23, United
States Code.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. DISTRIBUTION OF TRANSIT OPERATING ASSISTANCE LIMITATION.
(a) In General.--Notwithstanding section 5336(d) of title 49,
United States Code, the Secretary shall distribute the limitation on
operating assistance under such section--
(1) so that each urbanized area (as such term is defined
under section 5302 of such title) that had a population under
the 1990 decennial census of the United States of less than
200,000 will receive, under the distribution of such limitation
for each of fiscal years 1996 and 1997, 75 percent of the
amount the area received under the distribution of such
limitation for fiscal year 1995; and
(2) so that an urbanized area that had a population under
the 1980 decennial census of the United States of more than
1,000,000 and has a population
under the 1990 decennial census of less than 1,000,000, will
receive under the distribution of such limitation for each of
fiscal years 1996 and 1997, 90 percent of the amount of funds
apportioned in fiscal year 1982 under sections 5(a)(1)(A),
5(a)(2)(A), and 5(a)(3)(A) of the Urban Mass Transportation Act
of 1964 to such area.
(b) Consideration.--In the distribution of the limitation referred
to in subsection (a) to urbanized areas that had a population under the
1990 decennial census of 1,000,000 or more, the Secretary shall direct
each such area to give priority consideration to the impact of
reductions in operating assistance on smaller transit authorities
operating within the area and to consider the needs and resources of
such transit authorities when the limitation is distributed among all
transit authorities operating in the area.
SEC. 302. ACCOUNTABILITY FOR HIGH COST FEDERAL-AID PROJECTS.
(a) Requirements.--The Secretary shall require each recipient of
Federal financial assistance for a highway or transit project with an
estimated total cost of $1,000,000,000 or more to submit to the
Secretary an annual financial plan. Such plan shall be based on
detailed annual estimates of the cost to complete the remaining
elements of the project and on reasonable assumptions, as determined by
the Secretary, of future increases in the cost to complete the project.
(b) Recommendations on Withholding of Assistance.--As part of an
annual report to be submitted under subsection (c), the Secretary shall
make a recommendation to Congress on whether or not future Federal
assistance should be withheld with respect to any project described in
subsection (a) for which an annual financial plan is not submitted
under subsection (a) or for which the Secretary determines that the
estimates or assumptions referred to in subsection (a) are not
reasonable.
(c) Report.--The Secretary shall submit to Congress an annual
report on the financial plans submitted to the Secretary under this
section, and any recommendation made by the Secretary under subsection
(b), in the preceding fiscal year.
SEC. 303. LETTERS OF INTENT AND FULL FINANCING GRANT AND EARLY SYSTEMS
WORK AGREEMENTS.
Section 5309(g) of title 49, United States Code, is amended--
(1) by indenting and dropping paragraph (1) down 1 line;
(2) by moving all the paragraphs, subparagraphs, and
clauses of such section 2 ems to the right;
(3) by inserting after ``(1)'' the first place it appears
the following: ``Letters of intent.--'';
(4) in paragraph (1)(B) by striking ``Public Works and
Transportation'' and inserting ``Transportation and
Infrastructure'';
(5) by inserting after (2) the first place it appears
``Full financing grant agreements.--'';
(6) by inserting after (3) the first place it appears
``Early system work agreements.--'';
(7) by inserting after (4) the first place it appears
``Total estimated future obligations and contingent
commitments.--''; and
(8) by adding at the end the following:
``(5) Preauthorization of full federal financial
responsibility.--
``(A) In general.--After the date of the enactment
of this paragraph and before the date on which Federal-
aid highway and transit programs are reauthorized, the
Secretary of Transportation may not issue a letter of
intent, or enter into a full financing grant agreement
or early systems work agreement, under this section for
a project or operable segment of a project unless the
full amount of Federal financial responsibility for the
project or operable segment of a project has been
included in an authorization law.
``(B) Limitation.--The prohibition on entering into
a full financing grant agreement under this paragraph
shall not apply--
``(i) to any project for which a letter of
intent was issued before the date of the
enactment of this paragraph; and
``(ii) to any project included as an
element of an interrelated project which also
includes another project for which a letter of
intent was issued before such date of
enactment.''.
SEC. 304. REPORT ON CAPITAL PROJECTS FOR FIXED GUIDEWAY SYSTEMS AND
EXTENSIONS TO EXISTING FIXED GUIDEWAY SYSTEMS.
Section 5309(m) of title 49, United States Code, is amended--
(1) by indenting and dropping paragraph (1) down 1 line;
(2) by moving all the paragraphs and subparagraphs of such
section 2 ems to the right;
(3) by inserting ``Percentages.--'' after ``(1)'' the first
place it appears;
(4) by inserting ``Nonurbanized area allocation.--'' after
``(2)'' the first place it appears;
(5) by inserting ``Reports.--'' after ``(3)'' the first
place it appears;
(6) in paragraph (3) by striking ``Public Works and
Transportation'' and inserting ``Transportation and
Infrastructure'';
(7) in paragraph (3) by striking ``a proposal on the
allocation'' and inserting ``a report on the proposed
allocation'';
(8) in paragraph (3) by adding at the end the following:
``Such report shall include for each such capital project the
following:
``(A) An analysis of the potential funding
requirements of the project under paragraph (1)(B) in
the succeeding 5 fiscal years.
``(B) A description of the planning and study
process undertaken to select the locally preferred
alternative for the project.
``(C) A description of efforts undertaken to seek
alternative funding sources for the project.''; and
(9) by inserting ``Multiple allocations.--'' after ``(4)''
the first place it appears.
SEC. 305. REPEAL AND MODIFICATION OF EXISTING PROJECTS.
(a) Long Beach Metro Link Fixed Rail Project.--Section 3035(o) of
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2131) is repealed.
(b) Honolulu Rapid Transit Project.--Section 3035(ww) of such Act
(105 Stat. 2136) is amended by striking ``$618,000,000'' and inserting
``$541,100,000''.
SEC. 306. MISCELLANEOUS TRANSIT PROJECTS.
(a) New Jersey Urban Core Project.--Section 3031(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2122-2123) is amended--
(1) by inserting after ``Hudson River Waterfront
Transportation System'' the following: ``(including corridor
connections to and within the city of Bayonne)''; and
(2) by inserting after ``Concourse,'' the following: ``the
West Shore Line,''.
(b) North Bay Ferry Service.--Section 3035(c) of such Act (105
Stat. 2129) is amended by striking ``$8,000,000'' and all that follows
through ``1993'' and inserting ``$17,000,000''.
(c) Staten Island-Midtown Manhattan Ferry Service.--Section 3035(d)
of such Act is amended by striking ``$1,000,000'' and all that follows
through ``1993'' and inserting ``$12,000,000''.
(d) Central Area Circulator Project.--Section 3035(e) of such Act
is amended by striking the last sentence which begins ``Such amount''.
(e) Salt Lake City Light Rail Project.--Section 3035(f) of such Act
is amended by inserting after ``including'' the following: ``related
high-occupancy vehicle lane, intermodal corridor design,''.
(f) Los Angeles-San Diego Rail Corridor Improvement Project.--
Section 3035(g) of such Act is amended by striking ``not less than''
the 1st place it appears and all that follows through ``1994'' and
inserting ``$20,000,000''.
(g) San Jose-Gilroy-Hollister Commuter Rail Project.--Section
3035(h) of such Act is amended--
(1) by striking ``July 1, 1994'' and inserting ``September
30, 1996''; and
(2) by striking ``August 1, 1994,'' and inserting ``October
31, 1996,''.
(h) Dallas Light Rail Project.--
(1) Multiyear grant agreement.--Section 3035(i) of such Act
is amended--
(A) by striking ``6.4 miles'' and inserting ``9.6
miles'';
(B) by striking ``10 stations'' and inserting ``not
to exceed 14 stations'';
(C) by striking ``such light rail line'' and
inserting ``the program of interrelated projects
identified in section 5328(c)(1)(G) of title 49, United
States Code,''; and
(D) by striking ``of such elements'' and inserting
``element of such program of interrelated projects''.
(2) Program of interrelated projects.--Section
5328(c)(1)(G) of title 49, United States Code, is amended by
striking ``Camp Wisdom'' and inserting ``Interstate Route 20, L.B.J.
Freeway''.
(i) Kansas City Light Rail Line.--Section 3035(k) of such Act is
amended by striking ``$1,500,000 in fiscal year 1992, and $4,400,000 in
fiscal year 1993'' and inserting ``$5,900,000''.
(j) Downtown Orlando Circulator Project.--Section 3035(l) of such
Act is amended--
(1) by striking the subsection heading and inserting
``Downtown Orlando Circulator Project'';
(2) by striking ``No later than April 30, 1992, the'' and
inserting ``The'';
(3) by striking ``for'' the second place it appears and all
that follows through the period at the end and inserting ``and
the completion of final design, construction, land and
equipment acquisition, and related activities for the Downtown
Orlando Circulator project.''.
(k) Detroit Light Rail Project.--Section 3035(m) of such Act is
amended by striking ``not less than'' the first place it appears and
all that follows through ``1993,'' and inserting ``$20,000,000''.
(l) Lakewood-Freehold-Matawan or James- burg Rail Project.--Section
3035(p) of such Act is amended by striking ``$1,800,000'' and all that
follows through ``1994'' and inserting ``$7,800,000''.
(m) Charlotte Light Rail Study.--Section 3035(r) of such Act is
amended by striking ``$125,000'' and all that follows through ``1993''
and inserting ``$500,000''.
(n) San Diego Mid Coast Fixed Guideway Project.--Section 3035(u) of
such Act is amended--
(1) in the subsection heading by striking ``Mid Coast Light
Rail Project'' and inserting ``Metropolitan Transit Improvement
Program'';
(2) by striking ``No later than April 30, 1992, the'' and
inserting ``The''; and
(3) by striking ``, $2,000,000'' and all that follows
through the period and inserting ``$27,000,000 for the
integrated project financing of the San Diego Mid Coast and
Mission Valley East Corridor fixed guideway projects.''.
(o) Eureka Springs, Arkansas.--Section 3035(z) of such Act is
amended by striking the text and inserting the following: ``From funds
made available under section 5309(m)(1)(C) of title 49, United States
Code, the Secretary shall make available $63,600 to Eureka Springs
Transit for the purchase of an alternative fueled vehicle which is
accessible to and usable by individuals with disabilities.''.
(p) Baltimore-Washington Transportation Improvements Program.--
Section 3035(nn) of such Act is amended--
(1) in paragraph (1) by striking ``as follows:'' and all
that follows through ``1994.'' and inserting ``and shall not be
less than $60,000,000.'';
(2) in paragraph (2) by striking ``as follows:'' and all
that follows through the period at the end of subparagraph (C)
and inserting ``and shall total $160,000,000.''; and
(3) in paragraph (3) by striking ``for fiscal year 1993''.
(q) Dulles Corridor Rail Project.--Section 3035(aaa) of such Act is
amended--
(1) by striking ``No later than April 30, 1992, the'' and
inserting ``The''; and
(2) by striking ``the completion'' and all that follows
through ``engineering for''.
(r) Central Puget Sound Regional Transit Project.--Section
3035(bbb) of such Act is amended to read as follows:
``(bbb) Central Puget Sound Regional Transit Project.--From funds
made available under section 5309(m)(1)(B) of title 49, United States
Code, the Secretary shall make available $300,000,000 for the Central
Puget Sound Regional Transit Project.''.
(s) Canal Street Corridor Light Rail.--Section 3035(fff) of such
Act is amended--
(1) by striking ``No later than April 30, 1992, the'' and
inserting ``The''; and
(2) by striking ``negotiate'' and all that follows through
``includes'' and inserting ``make available''.
(t) Suspended Light Rail System Technology Pilot Project.--Section
5320 of title 49, United States Code, is amended--
(1) in subsection (h)(1)(A) by striking ``for the fiscal
year ending September 30, 1992,'';
(2) in subsection (h)(1)(B) by striking ``for the fiscal
year ending September 30, 1993,'';
(3) in subsection (h)(1)(C) by striking ``for the fiscal
year ending September 30, 1994,''; and
(4) by adding at the end the following new subsection:
``(l) Deadline.--
``(1) Completion of competition.--Notwithstanding any other
provision of this section, not later than 60 days after the
date of the enactment of this subsection, the Secretary shall
complete the national competition initiated under subsection
(c) by selecting the public entity referred to in subsection
(c)(3).
``(2) Thereafter.--Following selection of the public entity
in accordance with paragraph (1)--
``(A) the Secretary shall make to such public
entity the payments under subsections (h)(1)(B) and
(h)(1)(C); except that such payments shall be made in
the form of grants under section 5312(a); and
``(B) the Secretary, upon completion of preliminary
engineering and design, shall negotiate and enter into
a full financing grant agreement with such public
entity under subsection (e), consistent with section
5309(g).''.
(u) Additional Transit Projects.--
(1) Canton-akron-cleveland commuter rail.--From funds made
available under section 5309(m)(1)(B) of title 49, United
States Code, the Secretary shall make available $6,500,000 for
the Canton-Akron-Cleveland Commuter Rail project.
(2) Cincinnati northeast/northern kentucky rail.--From
funds made available under such section, the Secretary shall
make available $2,000,000 for the Cincinnati Northeast/Northern
Kentucky Rail project.
(3) DART north central light rail extension.--From funds
made available under such section, the Secretary shall make
available $2,500,000 for the DART North Central Light Rail
Extension project.
(4) Dallas-fort worth railtran.--From funds made available
under such section, the Secretary shall make available
$5,000,000 for the Dallas-Fort Worth RAILTRAN project.
(5) Florida tri-county commuter rail.--From funds made
available under such section, the Secretary shall make
available $10,000,000 for the Florida Tri-County Commuter Rail
project.
(6) Miami-north 27th avenue.--From funds made available
under such section, the Secretary shall make available
$2,000,000 for the Miami-North 27th Avenue project.
(7) Memphis, tennessee, regional rail plan.--From funds
made available under such section, the Secretary shall make
available $2,500,000 for the Memphis, Tennessee, Regional Rail
Plan project.
(8) New orleans canal street corridor.--From funds made
available under such section, the Secretary shall make
available $10,000,000 for the New Orleans Canal Street Corridor
project.
(9) Orange county transitway.--From funds made available
under such section, the Secretary shall make available
$5,000,000 for the Orange County Transitway project.
(10) Whitehall ferry terminal, new york, new york.--From
funds made available under such section, the Secretary shall
make available $5,000,000 for the Whitehall Ferry Terminal
project.
(11) Wisconsin central commuter.--From funds made available
under such section, the Secretary shall make available
$14,400,000 for the Wisconsin Central Commuter project.
(12) San juan, puerto rico, tren urbano.--From funds made
available under such section, the Secretary shall make
available $15,000,000 for the San Juan, Puerto Rico, Tren
Urbano project.
(13) Tampa to lakeland commuter rail.--From funds made
available under such section, the Secretary shall make
available $1,000,000 for the Tampa to Lakeland Commuter Rail
project.
SEC. 307. METROPOLITAN PLANNING FOR TRANSIT PROJECTS.
Section 5303(b) of title 49, United States Code, is amended by
adding at the end the following:
``(16) recreational travel and tourism.''.
SEC. 308. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
Section 5325 of title 49, United States Code, is amended by adding
at the end the following:
``(e) Special Rules for Engineering and Design Contracts.--
``(1) Performance and audits.--Any contract or subcontract
awarded in accordance with subsection (d), whether funded in
whole or in part with Federal transit funds, shall be performed
and audited in compliance with cost principles contained in the
Federal acquisition regulations of part 31 of title 48 of the
Code of Federal Regulations.
``(2) Indirect cost rates.--Instead of performing its own
audits, a recipient of funds under a contract or subcontract
awarded in accordance with subsection (d) shall accept indirect
cost rates established in accordance with the Federal
acquisition regulations for 1-year applicable accounting
periods by a cognizant Federal or State government agency, if
such rates are not currently under dispute. Once a firm's
indirect cost rates are accepted, the recipient of such funds
shall apply such rates for the purposes of contract estimation,
negotiation, administration, reporting, and contract payment
and shall not be limited by administrative or de facto ceilings
of any kind. A recipient of such funds requesting or using the
cost and rate data described in this paragraph shall notify any
affected firm before such request or use. Such data shall be
confidential and shall not be accessible or provided, in whole
or in part, to another firm or to any government agency which
is not part of the group of agencies sharing cost data under
this paragraph, except by written permission of the audited
firm. If prohibited by law, such cost and rate data shall not
be disclosed under any circumstances.
``(3) State option.--Paragraphs (1) and (2) shall take
effect 2 years after the date of the enactment of this
subsection with respect to all States; except that if a State,
during such 2-year period, adopts by statute an alternative
process intended to promote engineering and design quality and
ensure maximum competition by professional companies of all
sizes providing engineering and design services, such
paragraphs shall not apply with respect to such State.''.
SEC. 309. FERRY BOATS AND TERMINAL FACILITIES.
Section 129(c)(5) of title 23, United States Code, is amended--
(1) by inserting before the period at the end of the first
sentence the following: ``or between a point in a State and a
point in the Dominion of Canada''; and
(2) in the second sentence by inserting after ``Puerto
Rico'' the following: ``, between a point in a State and a
point in the Dominion of Canada,''.
SEC. 310. UTILIZATION OF THE PRIVATE SECTOR FOR SURVEYING AND MAPPING
SERVICES.
Section 306 of title 23, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In''; and
(2) by adding at the end the following:
``(b) Guidance.--The Secretary shall issue guidance to encourage
States to utilize, to the maximum extent practicable, private sector
sources for surveying and mapping services for highway projects under
this title. In carrying out this subsection, the Secretary shall
determine appropriate roles for State and private mapping and surveying
activities, including--
``(1) preparation of standards and specifications;
``(2) research in surveying and mapping instrumentation and
procedures and technology transfer to the private sector;
``(3) providing technical guidance, coordination, and
administration of State surveying and mapping activities; and
``(4) establishing a schedule with quantifiable goals for
increasing the use by the States of private sector sources for
surveying and mapping activities.''.
SEC. 311. FORMULA GRANT PROGRAM.
(a) Transit Security Systems.--Section 5307(d)(1)(J)(i) of title
49, United States Code, is amended by inserting before ``and any
other'' the following: ``employing law enforcement or security
personnel in areas within or adjacent to such systems,''.
(b) Ferryboat Operations.--For purposes of calculating
apportionments under section 5336 of title 49, United States Code, for
fiscal years beginning after September 30, 1995, 50 percent of the
ferryboat revenue vehicle miles and 50 percent of the ferryboat route
miles attributable to service provided to the city of Avalon,
California, for which the operator receives public assistance shall be
included in the calculation of ``fixed guideway vehicle revenue miles''
and ``fixed guideway route miles'' attributable to the Los Angeles
urbanized area under sections 5336(b)(2)(A) and 5335 of such title.
SEC. 312. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO INDIVIDUALS WITH
DISABILITIES.
Section 306(a)(2)(B)(iii) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is amended--
(1) in subclause (I) by striking ``7 years after the date
of the enactment of this Act'' and inserting ``3 years after
the date of issuance of final regulations under subparagraph
(B)(ii)''; and
(2) in subclause (II) by striking ``6 years after such date
of enactment'' and inserting ``2 years after the date of
issuance of such final regulations''.
SEC. 313. ALASKA RAILROAD.
Section 5337(a)(3)(B) of title 49, United States Code, is amended
by adding at the end the following: ``The Alaska Railroad is eligible
for assistance under this subparagraph with respect to improvements to
its passenger operations.''.
SEC. 314. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
(a) Mass Transit Testing.--Section 5331(b)(1)(A) of title 49,
United States Code, is amended to read as follows:
``(b) Testing Program for Mass Transportation Employees.--(1)(A) In
the interest of mass transportation safety, the Secretary shall
prescribe regulations that establish a program requiring mass
transportation operations that receive financial assistance under
section 5307, 5309, or 5311 of this title or section 103(e)(4) of title
23 to conduct preemployment, reasonable suspicion, random, and post-
accident testing of mass transportation employees responsible for
safety-sensitive functions (as decided by the Secretary) for the use of
a controlled substance in violation of law or a United States
Government regulation, and to conduct reasonable suspicion, random, and
post-accident testing of such employees for the use of alcohol in
violation of law or a United States Government regulation. The
regulations shall permit such operations to conduct preemployment
testing of such employees for the use of alcohol.''.
(b) Railroad Testing.--Section 20140(b)(1)(A) of title 49, United
States Code, is amended to read as follows:
``(A) a railroad carrier to conduct preemployment,
reasonable suspicion, random, and post-accident testing of all
railroad employees responsible for safety-sensitive functions
(as decided by the Secretary) for the use of a controlled
substance in violation of law or a United States Government
regulation, and to conduct reasonable suspicion, random, and
post-accident testing of such employees for the use of alcohol
in violation of law or a United States Government regulation;
the regulations shall permit such railroad carriers to conduct
preemployment testing of such employees for the use of alcohol;
and''.
(c) Motor Carrier Testing.--Section 31306(b)(1)(A) of such title is
amended to read as follows:
``(b) Testing Program for Operators of Commercial Motor Vehicles.--
(1)(A) In the interest of commercial motor vehicle safety, the
Secretary of Transportation shall prescribe regulations that establish
a program requiring motor carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of operators of commercial
motor vehicles for the use of controlled substance in violation of law
or a United States Government regulation and to conduct reasonable
suspicion, random, and post-accident testing of such operators for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit such motor carriers to conduct
preemployment testing of such employees for the use of alcohol.''.
(d) Aviation Testing.--
(1) Program for employees of air carriers and foreign air
carriers.--Section 45102(a)(1) of title 49, United States Code,
is amended to read as follows:
``(a) Program for Employees of Air Carriers and Foreign Air
Carriers.--(1) In the interest of aviation safety, the Administrator of
the Federal Aviation Administration shall prescribe regulations that
establish a program requiring air carriers and foreign air carriers to
conduct preemployment, reasonable suspicion, random, and post-accident
testing of airmen, crewmembers, airport security screening contract
personnel, and other air carrier employees responsible for safety-
sensitive functions (as decided by the Administrator) for the use of a
controlled substance in violation of law or a United States Government
regulation; and to conduct reasonable suspicion, random, and post-
accident testing of airmen, crewmembers, airport security screening
contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit air carriers and foreign air
carriers to conduct preemployment testing of airmen, crewmembers,
airport security screening contract personnel, and other air carrier
employees responsible for safety-sensitive functions (as decided by the
Administrator) for the use of alcohol.''.
(2) Program for employees of the federal aviation
administration.--Section 45102(b)(1) of title 49, United States
Code, is amended to read as follows:
``(b) Program for Employees of the Federal Aviation
Administration.--(1) The Administrator shall establish a program of
preemployment, reasonable suspicion, random, and post-accident testing
for the use of a controlled substance in violation of law or a United
States Government regulation for employees of the Administration whose
duties include responsibility for safety-sensitive functions and shall
establish a program of reasonable suspicion, random and post-accident
testing for the use of alcohol in violation of law or a United States
Government regulation for such employees. The Administrator may
establish a program of preemployment testing for the use of alcohol for
such employees.''.
SEC. 315. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) Technical Amendment.--Section 410(d)(1)(E) of title 23, United
States Code, is amended by striking ``the date of enactment of this
section'' and inserting ``December 18, 1991''.
(b) Basic Grant Eligibility.--Section 410(d) of such title is
further amended--
(1) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following:
``(B) A State shall be treated as having met the
requirement of this paragraph if--
``(i) the State provides to the Secretary a written
certification that the highest court of the State has
issued a decision indicating that implementation of
subparagraph (A) would constitute a violation of the
constitution of the State; and
``(ii) the State demonstrates to the satisfaction
of the Secretary--
``(I) that the alcohol fatal crash
involvement rate in the State has decreased in
each of the 3 most recent calendar years for
which statistics for determining such rate are
available; and
``(II) that the alcohol fatal crash
involvement rate in the State has been lower
than the average such rate for all States in
each of such calendar years.''; and
(2) by adding at the end the following:
``(7) Any individual under age 21 with a blood alcohol
concentration of 0.02 percent or greater when driving a motor
vehicle shall be deemed to be driving while intoxicated.''.
(c) Supplemental Grants.--Section 410(f) of such title is amended
by striking paragraph (1) and redesignating paragraphs (2) through (7)
as paragraphs (1) through (6), respectively.
SEC. 316. SAFETY RESEARCH INITIATIVES.
(a) Older Drivers and Other Special Driver Groups.--
(1) Study.--The Secretary shall conduct a study of
technologies and practices to improve the driving performance
of older drivers and other special driver groups.
(2) Demonstration activities.--In conducting the study
under paragraph (1), the Secretary shall undertake
demonstration activities which incorporate and build upon
gerontology research related to the study of the normal aging
process. The Secretary shall initially implement such
activities in those States which have the highest population of
aging citizens for whom driving a motor vehicle is their
primary mobility mode.
(3) Cooperative agreement.--The Secretary shall carry out
the study under paragraph (1) by entering into a cooperative
agreement with an institution that has demonstrated
competencies in gerontological research, population
demographics, human factors related to transportation, and
advanced technology applied to transportation.
(b) Work Zone Safety.--In carrying out the work zone safety program
under section 1051 of the Intermodal Surface Transportation Efficiency
Act of 1991, the Secretary shall utilize a variety of methods to
increase safety at highway construction sites, including each of the
following:
(1) Conferences to explore new techniques and stimulate
dialogue for improving work zone safety.
(2) Creation of a national clearinghouse to assemble and
disseminate, by electronic and other means, information
relating to the improvement of work zone safety.
(3) A national promotional campaign in cooperation with the
States to provide timely, site-specific information to
motorists when construction workers are actually present.
(c) Radio and Microwave Technology for Motor Vehicle Safety Warning
System.--
(1) Study.--The Secretary, in consultation with the Federal
Communications Commission and the National Telecommunications
and Information Administration, shall conduct a study to
develop and evaluate radio and microwave technology for a motor
vehicle safety warning system in furtherance of safety in all
types of motor vehicles.
(2) Equipment.--Equipment developed under the study to be
conducted under subsection (a) shall be directed toward, but
not limited to, advance warning to operators of all types of
motor vehicles of--
(A) temporary obstructions in a highway;
(B) poor visibility and highway surface conditions
caused by adverse weather; and
(C) movement of emergency vehicles.
(3) Safety applications.--In conducting the study under
paragraph (1), the Secretary shall determine whether the
technology described in this subsection has other appropriate
safety applications.
SEC. 317. PUBLIC TRANSIT VEHICLES EXEMPTION.
Section 1023(h)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note) is amended--
(1) by striking ``2-year'' the first place it appears and
all that follows through ``Act,'' and inserting ``period
beginning on October 6, 1992, and ending on the date on which
Federal-aid highway and transit programs are reauthorized after
the date of the enactment of the National Highway System
Designation Act of 1995,''; and
(2) by striking the second sentence.
SEC. 318. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Areas Eligible for Funds.--
(1) In general.--The first sentence of section 149(b) of
title 23, United States Code, is amended--
(A) by inserting ``if the project or program is for
an area in the State that was designated as a
nonattainment area under section 107(d) of the Clean
Air Act (42 U.S.C. 7407(d)) during any part of fiscal
year 1994 and'' after ``program'' the 2nd place it
appears; and
(B) in paragraph (1)(A) by striking ``contribute''
and all that follows through ``; or'' and inserting the
following: ``contribute to--
``(i) the attainment of a national ambient air
quality standard; or
``(ii) the maintenance of a national ambient air
quality standard in an area that was designated as a
nonattainment area but that was later redesignated by
the Administrator of the Environmental Protection
Agency as an attainment area under section 107(d) of
the Clean Air Act (42 U.S.C. 7407(d)); or''.
(2) Apportionment.--Section 104(b)(2) of title 23, United
States Code, is amended--
(A) in the second sentence, by striking ``is a
nonattainment area (as defined in the Clean Air Act)
for ozone'' and inserting ``was a nonattainment area
(as defined in section 171(2) of the Clean Air Act (42
U.S.C. 7501(2))) for ozone during any part of fiscal
year 1994''; and
(B) in the third sentence--
(i) by striking ``is also'' and inserting
``was also''; and
(ii) by inserting ``during any part of
fiscal year 1994'' after ``monoxide''.
(b) Effect of Limitation on Apportionment.--Notwithstanding any
other provision of law, for each of fiscal years 1996 and 1997, any
limitation under an amendment made by this section on an apportionment
of funds otherwise authorized under section 1003(a)(4) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1919) shall not affect any hold harmless apportionment adjustment under
section 1015(a) of such Act (105 Stat. 1943).
SEC. 319. QUALITY IMPROVEMENT.
(a) Life-Cycle Cost Analysis.--Section 106 of title 23, United
States Code, is amended by adding at the end the following:
``(e) Life-Cycle Cost Analysis.--
``(1) Establishment.--The Secretary shall establish a
program to require States to conduct an analysis of the life-
cycle costs of all projects on the National Highway System with
an estimated total cost of $25,000,000 or more.
``(2) Analysis of life-cycle costs defined.--In this
subsection, the term `analysis of life-cycle costs' means a
process for evaluating the total economic worth of one or more
projects by analyzing both initial costs as well as discounted
future costs, such as maintenance, reconstruction,
rehabilitation, restoring, and resurfacing costs, over the life
of the project or projects.''.
(b) Value Engineering.--Such section is further amended by adding
at the end the following:
``(f) Value Engineering for NHS.--
``(1) Requirement.--The Secretary shall establish a program
to require States to carry out a value engineering analysis for
all projects on the National Highway System with an estimated
total cost of $25,000,000 or more.
``(2) Value engineering defined.--For purposes of this
subsection, the term `value engineering analysis' means a
systematic process of review and analysis of a project or
activity during its design phase by a multidisciplined team of
persons not originally involved in the project or activity in
order to provide suggestions for reducing the total cost of the
project or activity and providing a project or activity of
equal or better quality. Such suggestions may include a
combination or elimination of inefficient or expensive parts of
the original proposed design for the project or activity and
total redesign of the proposed project or activity using
different technologies, materials, or methods so as to
accomplish the original purpose of the project or activity.''.
SEC. 320. APPLICABILITY OF TRANSPORTATION CONFORMITY REQUIREMENTS.
(a) Highway Construction.--Section 109(j) of title 23, United
States Code, is amended by striking ``plan for the implementation of
any ambient air quality standard for any air quality control region
designated pursuant to the Clean Air Act, as amended.'' and inserting
the following: ``plan for--
``(1) the implementation of a national ambient air quality
standard for which an area is designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)); or
``(2) the maintenance of a national ambient air quality
standard in an area that was designated as a nonattainment area
but that was later redesignated by the Administrator as an
attainment area for the standard and that is required to
develop a maintenance plan under section 175A of the Clean Air
Act (42 U.S.C. 7505a).''.
(b) Clean Air Act Requirements.--Section 176(c) of the Clean Air
Act (42 U.S.C. 7506(c)) is amended by adding at the end the following:
``(5) Applicability.--This subsection shall apply only with
respect to--
``(A) a nonattainment area and each specific
pollutant for which the area is designated as a
nonattainment area; and
``(B) an area that was designated as a
nonattainment area but that was later redesignated by
the Administrator as an attainment area and that is
required to develop a maintenance plan under section
175A with respect to the specific pollutant for which
the area was designated nonattainment.''.
SEC. 321. QUALITY THROUGH COMPETITION.
(a) Contracting for Engineering and Design Services.--Section
112(b)(2) of title 23, United States Code, is amended by adding at the
end the following new subparagraphs:
``(C) Performance and audits.--Any contract or
subcontract awarded in accordance with subparagraph
(A), whether funded in whole or in part with Federal-
aid highway funds, shall be performed and audited in
compliance with cost principles contained in the
Federal acquisition regulations of part 31 of title 48
of the Code of Federal Regulations.
``(D) Indirect cost rates.--Instead of performing
its own audits, a recipient of funds under a contract
or subcontract awarded in accordance with subparagraph
(A) shall accept indirect cost rates established in
accordance with the Federal acquisition regulations for
1-year applicable accounting periods by a cognizant
Federal or State government agency, if such rates are
not currently under dispute. Once a firm's indirect
cost rates are accepted, the recipient of such funds
shall apply such rates for the purposes of contract
estimation, negotiation, administration, reporting, and
contract payment and shall not be limited by
administrative or de facto ceilings of any kind. A
recipient of such funds requesting or using the cost
and rate data described in this subparagraph shall
notify any affected firm before such request or use.
Such data shall be confidential and shall not be
accessible or provided, in whole or in part, to another
firm or to any government agency which is not part of
the group of agencies sharing cost data under this
subparagraph, except by written permission of the
audited firm. If prohibited by law, such cost and rate
data shall not be disclosed under any circumstances.
``(E) State option.--Subparagraphs (C) and (D)
shall take effect 2 years after the date of the
enactment of this subparagraph with respect to all
States; except that if a State, during such 2-year
period, adopts by statute an alternative process
intended to promote engineering and design quality and
ensure maximum competition by professional companies of
all sizes providing engineering and design services, such subparagraphs
shall not apply with respect to such State.''.
(b) Repeal of Pilot Program.--Section 1092 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 112 note; 105
Stat. 2024) is repealed.
SEC. 322. APPLICABILITY OF CERTAIN VEHICLE WEIGHT LIMITATIONS IN
WISCONSIN.
Section 127 of title 23, United States Code, is amended by adding
at the end the following:
``(f) Operation of Certain Specialized Hauling Vehicles on Certain
Wisconsin Highways.--If the 104-mile portion of Wisconsin State Route
78 and United States Route 51 between Interstate Route 94 near Portage,
Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is
designated as part of the Interstate System under section 139(a), the
single axle weight, tandem axle weight, gross vehicle weight, and
bridge formula limits set forth in subsection (a) shall not apply to
the 104-mile portion with respect to the operation of any vehicle that
could legally operate on the 104-mile portion before the date of
enactment of this subsection.''.
SEC. 323. TREATMENT OF CENTENNIAL BRIDGE, ROCK ISLAND, ILLINOIS,
AGREEMENT.
For purposes of section 129(a)(6) of title 23, United States Code,
the agreement concerning the Centennial Bridge, Rock Island, Illinois,
entered into under the Act entitled ``An Act authorizing the city of
Rock Island, Illinois, or its assigns, to construct, maintain, and
operate a toll bridge across the Mississippi River at or near Rock
Island, Illinois, and to a place at or near the city of Davenport,
Iowa'', approved March 18, 1938 (52 Stat. 110, chapter 48), shall be
treated as if the agreement had been entered into under section 129 of
title 23, United States Code, as in effect on December 17, 1991, and
may be modified in accordance with section 129(a)(6) of the title.
SEC. 324. METRIC REQUIREMENTS AND SIGNS.
(a) Placement of Signs.--Before September 30, 1997, the Secretary
may not require the States to expend any Federal or State funds to
construct, erect, or otherwise place any sign relating to any speed
limit, distance, or other measurement on any highway for the purpose of
having such sign establish such speed limit, distance, or other
measurement using the metric system.
(b) Modification of Signs.--Before September 30, 1997, the
Secretary may not require the States to expend any Federal or State
funds to modify any sign relating to any speed limit, any distance, or
other measurement on any highway for the purpose of having such sign
establish such speed limit, distance, or measurement using the metric
system.
(c) Definitions.--In this section, the following definitions apply:
(1) Highway.--The term ``highway'' has the meaning such
term has under section 101 of title 23, United States Code.
(2) Metric system.--The term ``metric system'' has the
meaning the term ``metric system of measurement'' has under
section 4 of the Metric Conversion Act of 1975 (15 U.S.C.
205c).
SEC. 325. ISTEA TECHNICAL CLARIFICATION.
Section 131(s) of title 23, United States Code, is amended by
striking the period at the end of the first sentence and inserting the
following: ``; except that nothing in this subsection or section 1047
of the Intermodal Surface Transportation Efficiency Act of 1991 shall
restrict, or otherwise be applied by the Secretary to affect, the
authority of a State under subsection (d) of this section with respect
to commercial or industrial areas or the authority of a State under
subsection (k) of this section to establish standards imposing stricter
limitations than those established in this subsection.''.
SEC. 326. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS.
Section 134(f) of title 23, United States Code, is amended by
adding at the end the following:
``(16) Recreational travel and tourism.''.
SEC. 327. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE PROJECTS.
Section 144(l) of title 23, United States Code, is amended by
adding at the end the following: ``Any non-Federal funds expended for
the seismic retrofit of the bridge may be credited toward the non-
Federal share required as a condition of receipt of any Federal funds
for seismic retrofit of the bridge made available after the date of the
expenditure.''.
SEC. 328. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN REPORTS AND
SURVEYS.
Section 409 of title 23, United States Code, is amended by
inserting ``or collected'' after ``compiled''.
SEC. 329. NATIONAL RECREATIONAL TRAILS.
(a) State Eligibility.--Section 1302(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (33 U.S.C. 1261(c)) is amended--
(1) by striking ``Act'' each place it appears and inserting
``part'';
(2) in paragraph (2) by striking subparagraph (B) and
redesignating subparagraphs (C) and (D) as subparagraphs (B)
and (C), respectively; and
(3) by adding at the end the following:
``(3) Sixth year provision.--On and after the date that is
5 years after the date of the enactment of this part, a State
shall be eligible to receive moneys under this part in a fiscal
year only if the State agrees to expend from non-Federal
sources for carrying out projects under this part an amount
equal to 20 percent of the amount received by the State under
this part in such fiscal year.''.
(b) Administrative Costs.--Section 1302(d)(1) of such Act (33
U.S.C. 1261(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) contracting for services with other land
management agencies; and''.
(c) Environmental Mitigation.--
(1) In general.--Section 1302(e) of such Act (33 U.S.C.
1261(e)) is amended--
(A) by redesignating paragraphs (5), (6), (7), and
(8) as paragraphs (6), (7), (8), and (9), respectively;
and
(B) by inserting after paragraph (4) the following:
``(5) Environmental mitigation.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, in
complying with paragraph (4), a State shall give
priority to project proposals which provide for the
redesign, reconstruction, nonroutine maintenance, or
relocation of trails in order to mitigate and minimize
the impact to the natural environment.
``(B) Compliance.--The State shall receive guidance
for determining compliance with subparagraph (A) from
the recreational trail advisory board satisfying the
requirements of subsection (c)(2)(A).''.
(2) Conforming amendment.--Section 1302(e)(4) of such Act
(33 U.S.C. 1261(e)(4)) is amended by striking ``paragraphs (6)
and (8)(B)'' and inserting ``paragraphs (7) and (9)(B)''.
(d) Exclusions.--Section 1302(e)(7) of such Act, as redesignated by
subsection (c), is amended--
(1) by striking ``(7) Small state exclusion.--'' and
inserting the following:
``(7) Exclusions.--
``(A) Small state.--'';
(2) by moving the text of subparagraph (A), as designated
by paragraph (1), 2 ems to the right; and
(3) by adding at the end the following:
``(B) Best interest of a state.--Any State which
determines based on trail needs identified in its State
Comprehensive Outdoor Recreation Plan that it is in the
best interest of the State to be exempt from the
requirements of paragraph (4) may apply to the
Secretary for such an exemption. Before approving or
disapproving an application for such an exemption, the
Secretary shall publish in the Federal Register notice
of receipt of the application and provide an
opportunity for public comment on the application.''.
(e) Return of Moneys Not Expended.--Section 1302(e)(9) of such Act,
as redesignated by subsection (c), is amended--
(1) by inserting ``the State'' before ``may be exempted'';
and
(2) by striking ``and expended or committed'' and all that
follows before the period.
(f) Advisory Committee.--Section 1303(b) of such Act (16 U.S.C.
1262(b)) is amended--
(1) by striking ``11 members'' and inserting ``12
members'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) 1 member appointed by the Secretary representing
individuals with disabilities;''.
SEC. 330. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.
(a) In General.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5)(A) I-73/74 North-South Corridor from Charleston,
South Carolina, through Winston-Salem, North Carolina, to
Portsmouth, Ohio, to Cincinnati, Ohio, to termini at Detroit,
Michigan and Sault Ste. Marie, Michigan. The Sault Ste. Marie
terminus shall be reached via a corridor connecting Adrian,
Jackson, Lansing, Mount Pleasant, and Grayling, Michigan.
``(B)(i) In the Commonwealth of Virginia, the Corridor
shall generally follow--
``(I) United States Route 220 from the Virginia-
North Carolina border to I-581 south of Roanoke;
``(II) I-581 to I-81 in the vicinity of Roanoke;
``(III) I-81 to the proposed highway to demonstrate
intelligent transportation systems authorized by item
29 of the table in section 1107(b) in the vicinity of
Christiansburg to United States Route 460 in the
vicinity of Blacksburg; and
``(IV) United States Route 460 to the West Virginia
State line.
``(ii) In the States of West Virginia, Kentucky, and Ohio,
the Corridor shall generally follow--
``(I) United States Route 460 from the West
Virginia State line to United States Route 52 at
Bluefield, West Virginia; and
``(II) United States Route 52 to United States
Route 23 at Portsmouth, Ohio.
``(iii) In the States of North Carolina and South Carolina,
the Corridor shall generally follow--
``(I) in the case of I-73--
``(aa) United States Route 220 from the
Virginia State line to State Route 68 in the
vicinity of Greensboro;
``(bb) State Route 68 to I-40;
``(cc) I-40 to United States Route 220 in
Greensboro;
``(dd) United States Route 220 to United
States Route 1 near Rockingham;
``(ee) United States Route 1 to the South
Carolina State line; and
``(ff) South Carolina State line to
Charleston, South Carolina; and
``(II) in the case of I-74--
``(aa) I-77 from Bluefield, West Virginia,
to the junction of I-77 and the United States
Route 52 connector in Surry County, North
Carolina;
``(bb) the I-77/United States Route 52
connector to United States Route 52 south of
Mount Airy, North Carolina;
``(cc) United States Route 52 to United
States Route 311 in Winston-Salem, North
Carolina;
``(dd) United States Route 311 to United
States Route 220 in the vicinity of Randleman,
North Carolina.
``(ee) United States Route 220 to United
States Route 74 near Rockingham;
``(ff) United States Route 74 to United
States Route 76 near Whiteville;
``(gg) United States Route 74/76 to the
South Carolina State line in Brunswick County;
and
``(hh) South Carolina State line to
Charleston, South Carolina.'';
(2) in paragraph (18)--
(A) by striking ``and'';
(B) by inserting ``Mississippi, Arkansas,'' after
``Tennessee,''; and
(C) by inserting before the period at the end the
following: ``, and to the Lower Rio Grande Valley at
the border between the United States and Mexico'';
(3) by inserting before the period at the end of paragraph
(18) the following: ``, and to include the Corpus Christi
Northside Highway and Rail Corridor from the existing
intersection of United States Route 77 and Interstate Route 37
to United States Route 181''; and
(4) by adding at the end the following:
``(22) The Alameda Transportation Corridor along Alameda
Street from the entrance to the ports of Los Angeles and Long
Beach to Interstate 10, Los Angeles, California.
``(23) The Interstate Route 35 Corridor from Laredo, Texas,
through Oklahoma City, Oklahoma, to Wichita, Kansas, to Kansas
City, Kansas/Missouri, to Des Moines, Iowa, to Minneapolis,
Minnesota, to Duluth, Minnesota.
``(24) The Dalton Highway from Deadhorse, Alaska to
Fairbanks, Alaska.
``(25) State Route 168 (South Battlefield Boulevard),
Virginia, from the Great Bridge Bypass to the North Carolina
State line.
``(26) The CANNAMEX CORRIDOR from Nogales, Arizona, through
Las Vegas, Nevada, to Salt Lake City, Utah, to Idaho Falls,
Idaho, to Great Falls, Montana, to the Canadian Border as
follows:
``(A) In the State of Arizona, the CANAMEX CORRIDOR
shall generally follow--
``(i) I-19 from Nogales to Tucson;
``(ii) I-10 from Tucson to Phoenix; and
``(iii) United States Route 93 from Phoenix
to the Nevada Border.
``(B) In the State of Nevada, the CANAMEX CORRIDOR
shall follow--
``(i) United States Route 93 from the
Arizona Border to Las Vegas; and
``(ii) I-15 from Las Vegas to the Utah
Border.
``(C) From the Utah Border to the Canadian Border,
the CANAMEX CORRIDOR shall follow I-15.
``(27) The Camino Real Corridor from El Paso, Texas, to
Denver, Colorado, as follows:
``(A) In the State of Texas, the Camino Real
Corridor shall generally follow--
``(i) arterials from the international
ports of entry to I-10 in El Paso County; and
``(ii) I-10 from El Paso County to the New
Mexico border.
``(B) In the State of New Mexico, the Camino Real
Corridor shall generally follow--
``(i) I-10 from the Texas Border to Las
Cruces; and
``(ii) I-25 from Las Cruces to the Colorado
Border.
``(C) In the State of Colorado, the Camino Real
Corridor shall generally follow I-25 from the New
Mexico Border to Denver.''.
(b) Inclusion of Certain Route Segments on Interstate System.--
Section 1105(e) of such Act (105 Stat. 2033) is amended by adding at
the end the following:
``(5) Inclusion of certain route segments on interstate
system.--Where not a part of the Interstate System, the routes
referred to in clauses (i), (ii), and (iii) of subsection
(c)(5)(B) (other than the portion located in the State of West
Virginia), in subsection (c)(9), and in subsections (c)(18) and
(c)(20) are hereby designated future parts of the Interstate
System. Any segment of such routes shall become a part of the
Interstate System at such time as the Secretary determines that
the segment--
``(A) meets the Interstate System design standards
approved by the Secretary under section 109(b) of title
23, United States Code; and
``(B) connects to an existing Interstate System
segment and functions as a safe and usable segment.''.
SEC. 331. HIGH PRIORITY CORRIDOR FEASIBILITY STUDIES.
(a) Evacuation Routes for Louisiana Coastal Areas.--Section
1105(e)(2) of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2033) is amended by adding at the end the following new
sentence: ``A feasibility study may be conducted under this subsection
to identify routes that will expedite future emergency evacuations of
coastal areas of Louisiana.''.
(b) East-West Transamerica Corridor.--With amounts available to the
Secretary under section 1105(h) of the Intermodal Surface
Transportation Efficiency Act of 1991, the Secretary in cooperation
with the States of Virginia and West Virginia shall conduct a study to
determine the feasibility of establishing a route for the East-West
Transamerica Corridor (designated pursuant to section 1105(c)(3) of
such Act) from Beckley, West Virginia, utilizing a corridor entering
Virginia near the city of Covington then moving south from the
Allegheny Highlands to serve Roanoke and continuing east to Lynchburg.
From there such route would continue across Virginia to the Hampton
Roads-Norfolk area.
SEC. 332. HIGH COST BRIDGE PROJECTS.
The table contained in section 1103(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027-2028) is
amended--
(1) in item number 5, relating to Gloucester Point,
Virginia, by inserting after ``York River'' the following:
``and for repair, strengthening, and rehabilitation of the
existing bridge''; and
(2) in item number 10, relating to Shakopee, Minnesota, by
inserting ``project, including the bypass of'' after
``replacement''.
SEC. 333. CONGESTION RELIEF PROJECTS.
The table contained in section 1104(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2029-2031) is
amended--
(1) in item number 1, relating to Long Beach, California,
by striking ``HOV Lanes on'' and inserting ``downtown Long
Beach access ramps into the southern terminus of'';
(2) in item number 10, relating to San Diego, California,
by striking ``1 block of Cut and Cover Tunnel on Rt. 15'' and
inserting ``bridge decking on Route 15'';
(3) in item number 23, relating to Tucson, Arizona, by
inserting ``, of which a total of $3,609,620 shall be available
for the project authorized by item number 74 of the table
contained in section 1106(b)'' after ``in Tuscon, Arizona'';
and
(4) in item number 43, relating to West Virginia, by
striking ``Coal Fields'' and inserting ``Coalfields''.
SEC. 334. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.
Section 1105(c)(3) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032) is amended by inserting before
the period at the end the following: ``commencing on the Atlantic Coast
in the Hampton Roads-Norfolk area going westward across Virginia to a
West Virginia corridor centered around Beckley to Welch as part of the
Coalfields Expressway described in section 1069(v), then to Williamson
sharing a common corridor with the I-73/74 Corridor (referred to in
item 12 of the table contained in subsection (f)), then to a Kentucky
Corridor centered on the cities of Pikeville, Jenkins, Hazard, London,
Somerset, Columbia, Bowling Green, Hopkinsville, Benton, and Paducah,
into Illinois, and into Missouri and exiting Western Missouri and
entering the southeast corner of Kansas''.
SEC. 335. HIGH PRIORITY CORRIDOR PROJECTS.
The table contained in section 1105(f) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2033-2035) is
amended--
(1) in item 1, relating to Pennsylvania, by inserting after
``For'' the following: ``the segment described in item 6 of
this table and up to $11,000,000 for'';
(2) in item 2, relating to Alabama, Georgia, Mississippi,
Tennessee, by inserting after ``Rt. 72'' the following: ``and
up to $1,500,000 from the State of Alabama's share of the
project for modification of the Keller Memorial Bridge in
Decatur, Alabama, to a pedestrian structure''; and
(3) in item number 26, relating to Indiana, Kentucky,
Tennessee, by striking ``Newberry'' and inserting
``Evansville''.
SEC. 336. RURAL ACCESS PROJECTS.
The table contained in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2037-2042) is
amended--
(1) in item number 34, relating to Illinois, by striking
``Resurfacing'' and all that follows through ``Omaha'' and
inserting ``Bel-Air Road improvement from south of Carmi to
State Route 141 in southeastern White County'';
(2) in item number 52, relating to Bedford Springs,
Pennsylvania, by striking ``and Huntington'' and inserting
``Franklin, and Huntingdon'';
(3) in item number 61, relating to Lubbock, Texas, by
striking ``with Interstate 20'' and inserting ``with Interstate
10 through Interstate 20 and Interstate 27 north of Amarillo to
the Texas/Oklahoma border'';
(4) in item number 71, relating to Chautauqua County, New
York, by inserting ``and other improvements'' after
``expressway lanes'';
(5) in item number 75, relating to Pennsylvania, by
striking ``Widen'' and all that follows through ``lanes'' and
inserting ``Road improvements on a 14-mile segment of U.S.
Route 15 in Lycoming County, Pennsylvania'';
(6) in item number 93, relating to New Mexico, by striking
``Raton-Clayton Rd., Clayton, New Mexico'' and inserting ``U.S.
Rt. 64/87 from Raton, New Mexico, through Clayton to the Texas-
New Mexico State line''; and
(7) in item number 111, relating to Parker County, Texas
(SH199)--
(A) by striking ``Parker County'' and inserting
``Parker and Tarrant Counties''; and
(B) by striking ``to four-'' and inserting ``in
Tarrant County, to freeway standards and in Parker
County to a 4-''.
SEC. 337. URBAN ACCESS AND MOBILITY PROJECTS.
The table contained in section 1106(b)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2043-2047) is
amended--
(1) in item number (9), relating to New York, New York, by
striking ``Improvements'' and all that follows through ``NY''
and inserting ``Projects in New York City, New York (other than
improvements to the Miller Highway)'';
(2) in item number 13, relating to Joliet, Illinois, by
striking ``and construction and interchange at Houbolt Road and
I-80'';
(3) in item number 36, relating to Compton, California, by
striking ``For a grade'' and all that follows through
``Corridor'' and inserting ``For grade separations and other
improvements in the city of Compton, California''; and
(4) in item number 52, relating to Chicago, Illinois, by
striking ``Right-of-way'' and all that follows through
``Connector)'' and inserting ``Reconstruct the Michigan Avenue
viaduct''.
SEC. 338. INNOVATIVE PROJECTS.
The table contained in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2048-2059) is
amended--
(1) in item 19, relating to Water Street, Pennsylvania--
(A) by striking ``Water Street,''; and
(B) by inserting ``, or other projects in the
counties of Bedford, Blair, Centre, Franklin, and
Huntingdon as selected by the State of Pennsylvania''
after ``Pennsylvania'' the second place it appears;
(2) in item 20, relating to Holidaysburg, Pennsylvania--
(A) by striking ``Holidaysburg,'' the first place
it appears; and
(B) by inserting ``, or other projects in the
counties of Bedford, Blair, Centre, Franklin, and
Huntingdon as selected by the State of Pennsylvania''
after ``Pennsylvania'' the second place it appears;
(3) in item number 24, relating to Pennsylvania, by
inserting after ``line'' the following: ``and for the purchase,
rehabilitation, and improvement of any similar existing
facility within a 150-mile radius of such project, as selected
by the State of Pennsylvania'';
(4) in item number 29, relating to Blacksburg, Virginia, by
inserting ``methods of facilitating public and private
participation in'' after ``demonstrate'';
(5) in item number 35, relating to Alabama, by striking
``to bypass'' and all that follows through ``I-85'' and
inserting ``beginning on U.S. Route 80 west of Montgomery,
Alabama, and connecting to I-65 south of Montgomery and I-85
east of Montgomery'';
(6) in item 49, relating to Suffolk County, New York, by
inserting after ``perimeters'' the following: ``and provide
funds to the towns of Brookhaven, Riverhead, Smithtown, East
Hampton, Southold, Shelter Island, and Southampton for the
purchase of vehicles to meet the transportation needs of the
elderly and persons with disabilities'';
(7) in item number 52, relating to Pennsylvania, by
striking ``2'' and all that follows through ``Pennsylvania''
and inserting ``or rehabilitate (or both) highway and
transportation infrastructure projects within 30 miles of I-81
or I-80 in northeastern Pennsylvania'';
(8) in item number 61, relating to Mojave, California, by
striking ``Mojave'' and inserting ``Victorville'' and by
inserting ``Mojave'' after ``reconstruct'';
(9) in item number 68, relating to Portland/S. Portland,
Maine--
(A) by striking ``Portland/S. Portland,''; and
(B) by inserting after ``Bridge'' the following:
``and improvements to the Carlton Bridge in Bath-
Woolworth'';
(10) in item number 76, relating to Tennessee, by inserting
``Improved access to'' before ``I-81'' and striking
``Interchange'' and inserting after ``Tennessee'' the
following: ``via improvements at I-181/Eastern Star Road and I-
81/Kendrick Creek Road'';
(11) in item number 100, relating to Arkansas, by striking
``Thornton'' and inserting ``Little Rock'';
(12) in item number 113, relating to Durham County, North
Carolina, by inserting after ``Route 147'' the following: ``,
including the interchange at I-85'';
(13) in item number 114, relating to Corpus Christi to
Angleton, Texas, by striking ``Construct new multi-lane
freeway'' and inserting ``Construct a 4-lane divided highway'';
(14) in item number 193, relating to Corning, New York, by
inserting ``and other improvements'' after ``expressway
lanes''; and
(15) in item 196, relating to Orlando, Florida--
(A) by striking ``Orlando,''; and
(B) by striking ``Land'' and all that follows
through ``project'' and inserting ``One or more
regionally significant, intercity ground transportation
projects''.
SEC. 339. INTERMODAL PROJECTS.
The table contained in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2060-2063) is
amended--
(1) in item number 12, relating to Buffalo, New York, by
inserting after ``Project'' the following: ``and the Crossroads
Arena Project'';
(2) in item number 31, relating to Los Angeles, California,
by striking ``To improve ground access from Sepulveda Blvd. to
Los Angeles, California'' and inserting the following: ``For
the Los Angeles International Airport central terminal ramp
access project, $3,500,000; for the widening of Aviation
Boulevard south of Imperial Highway, $3,500,000; for the
widening of Aviation Boulevard north of Imperial Highway,
$1,000,000; and for transportation systems management
improvements in the vicinity of the Sepulveda Boulevard/Los
Angeles International Airport tunnel, $950,000''; and
(3) in item 33, relating to Orange County, New York, strike
``Stuart Airport Interchange Project'' and insert ``Stewart
Airport interchange projects''.
SEC. 340. MISCELLANEOUS REVISIONS TO SURFACE TRANSPORTATION AND UNIFORM
RELOCATION ASSISTANCE ACT OF 1987.
(a) California.--Section 149(a)(69) of the Surface Transportation
and Uniform Relocation Assistance Act of 1987 (101 Stat. 191), relating
to Burbank-Glendale-Pasadena Airport, California, is amended--
(1) in the first sentence by striking ``highway'';
(2) in the first sentence by striking ``and construction of
terminal and parking facilities at such airport''; and
(3) by striking ``by making'' in the second sentence and
all that follows through the period at the end of such sentence
and inserting the following: ``by preparing a feasibility study
and conducting preliminary engineering, design, and
construction of a link between such airport and the commuter
rail system that is being developed by the Los Angeles County
Metropolitan Transportation Authority.''.
(b) Louisiana.--
(1) Rural access project.--
(A) Rescission.--Effective October 1, 1995, the
unobligated balances on September 30, 1995, of funds
made available for section 149(a)(87) of the Surface
Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 194; relating to West Calcasieu Parish,
Louisiana) are hereby rescinded.
(B) Funding.--Item number 17 of the table contained
in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2038),
relating to Lake Charles, Louisiana, is amended by
striking ``4.1'' and inserting ``8.8''.
(2) I-10 exit ramp and other projects.--Section 149(a)(89)
of the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 191) is amended--
(A) by inserting ``and lake charles'' after
``lafayette'' in the paragraph heading; and
(B) by inserting before the period at the end
``and, of amounts made available to carry out this
paragraph, may use up to $456,022 to carry out a
comprehensive transportation and land use plan for
Lafayette, Louisiana, $1,000,000 to carry out a project
to construct an exit ramp from the eastbound side of
Interstate Route I-10 to Ryan Street in Lake Charles,
Louisiana, and $269,661 under this paragraph for
projects described in section 149(a)(90)''.
(3) Contraband bridge.--Section 149(a)(90) of such Act (101
Stat. 191) is amended--
(A) by inserting ``and lake charles'' after
``lafayette'' in the paragraph heading; and
(B) by inserting ``and a project to construct the
Contraband Bridge portion of the Nelson Access Road
Project'' before the period at the end.
(c) Pennyslvania.--Section 149(a)(74) of the Surface Transportation
and Uniform Relocation Assistance Act of 1987 (101 Stat. 192) is
amended by inserting before the period at the end the following: ``and
other projects in the counties of Bedford, Blair, Centre, Franklin, and
Huntingdon, Pennsylvania''.
(d) Maryland.--Section 149(a)(92) of such Act (101 Stat. 194) is
amended--
(1) by striking ``United states route 48'' and inserting
``Washington and frederick counties''; and
(2) by inserting ``and to construct an interchange between
Interstate Route I-70 and Interstate Route I-270 in Frederick
County, Maryland'' after ``Mountain Road''.
(e) Bus Testing Facility.--Section 5318 of title 49, United States
Code, is amended--
(1) in subsection (b) by inserting ``or cooperative
agreement'' after ``contract'' each place it appears; and
(2) by adding at the end the following:
``(f) Conversion of Contracts.--The Secretary may convert existing
contracts entered into under this section into cooperative
agreements.''.
SEC. 341. ELIGIBILITY.
(a) Existing Project.--Section 108(b) of the Federal-Aid Highway
Act of 1956 (23 U.S.C. 101 note) is amended--
(1) by striking ``(1)'' before ``such costs may be
further''; and
(2) by striking ``, and (2) the amount of such costs shall
not include the portion of the project between High Street and
Causeway Street''.
(b) Other Existing Projects.--
(1) Reconstruction and widening.--The project authorized by
section 162 of the Surface Transportation Assistance Act of
1982 (96 Stat. 2136) shall include reconstruction and widening
to 6 lanes of existing Interstate Route 95 and of the
Pennsylvania Turnpike from United States Route 1 to the
junction with the New Jersey Turnpike, including the structure
over the Delaware River.
(2) Federal share.--Notwithstanding any other provision of
law, the Federal share payable on account of the project
referred to in paragraph (1), including the additional through
roadway and bridge travel lanes, shall be 90 percent of the
cost of the project.
(3) Tolls.--Notwithstanding section 301 of title 23, United
States Code, the project for construction of an interchange
between the Pennsylvania Turnpike and Interstate Route 95,
including the widening of the Pennsylvania Turnpike, shall be
treated as a reconstruction project described in section
129(a)(1)(B) of such title and tolls may be continued on all
traffic on the Pennsylvania Turnpike between United States
Route 1 and the New Jersey Turnpike.
(c) Type II Noise Barriers.--No funds made available out of the
Highway Trust Fund may be used to construct Type II noise barriers (as
defined by section 772.5(i) of title 23, Code of Federal Regulations)
pursuant to sections 109 (h) and (i) of title 23, United States Code if
such barriers were not part of a project approved by the Secretary
before the date of the enactment of this Act.
SEC. 342. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.
The Secretary shall enter into an agreement modifying the agreement
entered into pursuant to section 339 of the Department of
Transportation and Related Agencies Appropriations Act, 1993 (Public
Law 102-338) to conform such agreement to the provisions of section 336
of the Department of Transportation and Related Agencies Appropriations
Act, 1995 (Public Law 103-331). Nothing in this section shall be
construed to change the amount of the previous appropriation in such
section 339, and the line of credit provided for shall not exceed an
amount supported by the previous appropriation. In implementing such
sections 336 and 339, the Secretary may enter into an agreement
requiring an interest rate that is higher than the rate specified in
such sections.
SEC. 343. MISCELLANEOUS STUDIES.
(a) Pan American Highway.--
(1) Study.--The Secretary shall conduct a study on the
adequacy of and the need for improvements to the Pan American
Highway.
(2) Elements.--The study to be conducted under paragraph
(1) shall include, at a minimum, the following elements:
(A) Findings on the benefits of constructing a
highway at Darien Gap, Panama and Colombia.
(B) Recommendations for a self-financing
arrangement for completion and maintenance of the Pan
American Highway.
(C) Recommendations for establishing a Pan American
highway authority to monitor financing, construction,
maintenance, and operations of the Pan American
Highway.
(D) Findings on the benefits to trade and
prosperity of a more efficient Pan American Highway.
(E) Findings on the benefits to United States
industry through the use of United States technology
and equipment in construction of improvements to the
Pan American Highway.
(F) Findings on environmental considerations,
including environmental considerations relating to the
Darien Gap.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study conducted under this
subsection.
(b) Highway Signs for National Highway System.--The Secretary shall
conduct a study to determine the cost, need, and efficacy of
establishing a highway sign for identifying routes on the National
Highway System. In conducting such study, the Secretary shall make a
determination concerning whether to identify National Highway System
route numbers.
(c) Compliance With Buy American Act.--
(1) Study.--The Secretary shall conduct a study on
compliance with the provisions of the Buy American Act (41
U.S.C. 10a-10c) with respect to contracts entered into using
amounts made available from the Highway Trust Fund.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study conducted under paragraph
(1).
SEC. 344. COLLECTION OF BRIDGE TOLLS.
Notwithstanding any other provisions of law, tolls collected for
motor vehicles on any bridge connecting the boroughs of Brooklyn, New
York, and Staten Island, New York, shall continue to be collected for
only those vehicles exiting from such bridge in Staten Island.
SEC. 345. NATIONAL DRIVER REGISTER.
Section 30308(a) of title 49, United States Code, is amended by
striking ``and $2,550,000 for fiscal year 1995'' and inserting ``and
$2,550,000 for each of fiscal years 1995 and 1996''.
SEC. 346. ROADSIDE BARRIER TECHNOLOGY.
Section 1058 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 109 note; 105 Stat. 2003) is amended--
(1) in subsection (a) by striking ``median'' and inserting
``or temporary crashworthy'';
(2) in subsection (a) by inserting ``crashworthy'' after
``innovative'';
(3) in the heading of subsection (c) by inserting
``Crashworthy'' after ``Innovative'';
(4) in subsection (c) by inserting ``crashworthy'' after
``innovative'';
(5) in subsection (c) by striking ``median'';
(6) by inserting ``or guiderail'' after ``guardrail''; and
(7) by inserting before the period at the end of subsection
(c) ``, and meets or surpasses the requirements of the National
Cooperative Highway Research Program 350 for longitudinal
barriers''.
SEC. 347. MOTORIST CALL BOXES.
(a) Effective Control.--Section 131(c) of title 23, United States
Code, is amended--
(1) by striking ``and (5)'' and inserting the following:
``(5) signs, displays, and devices identifying and announcing
free motorist aid call boxes and advertising their sponsorship
by corporations or other organizations, and (6)''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall ensure that spacing of signs, displays, and
devices announcing motorist aid call boxes is reasonable.''.
(b) Specific Service Signs.--Section 131(f) of title 23, United
States Code, is amended by adding at the end the following: ``For
purposes of this subsection, the term `specific information in the
interest of the traveling public' includes identification,
announcement, and sponsorship of motorist aid call boxes.''.
SEC. 348. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM.
Sections 141(a) and 154 of title 23, United States Code, and the
item relating to section 154 in the analysis to chapter 1 of such title
are repealed.
SEC. 349. ELIMINATION OF PENALTY FOR NONCOMPLIANCE FOR MOTORCYCLE
HELMETS.
Subsection (h) of section 153 of title 23, United States Code, is
amended by striking ``a law described in subsection (a)(1) and'' each
place it appears.
SEC. 350. SAFETY REST AREAS.
Section 120(c) of title 23, United States Code, is amended by
inserting ``safety rest areas,'' after ``signalization,''.
SEC. 351. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
(a) Exemptions.--
(1) Transportation of agricultural commodities and farm
supplies.--Regulations prescribed by the Secretary under
sections 31136 and 31502 of title 49, United States Code,
regarding maximum driving and on-duty time for drivers used by
motor carriers shall not apply to drivers transporting
agricultural commodities or farm supplies for agricultural
purposes in a State if such transportation is limited to an
area within a 100 air mile radius from the source of the
commodities or the distribution point for the farm supplies and
is during the planting and harvesting seasons within such
State, as determined by the State.
(2) Transportation and operation of ground water well
drilling rigs.--Such regulations shall, in the case of a driver
of a commercial motor vehicle who is used primarily in the
transportation and operation of a ground water well drilling
rig, permit any period of 8 consecutive days to end with the
beginning of an off-duty period of 24 or more consecutive hours
for the purposes of determining maximum driving and on-duty
time.
(3) Transportation of construction materials and
equipment.--Such regulations shall, in the case of a driver of
a commercial motor vehicle who is used primarily in the
transportation of construction materials and equipment, permit
any period of 8 consecutive days to end with the beginning of
an off-duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty time.
(4) Drivers of utility service vehicles.--Such regulations
shall, in the case of a driver of a utility service vehicle,
permit any period of 8 consecutive days to end with the
beginning of an off-duty period of 24 or more consecutive hours
for the purposes of determining maximum driving and on-duty
time.
(5) Snow and ice removal.--A State may waive the
requirements of chapter 313 of title 49, United States Code,
with respect to a vehicle that is being operated within the
boundaries of an eligible unit of local government by an
employee of such unit for the purpose of removing snow or ice
from a roadway by plowing, sanding, or salting. Such waiver
authority shall only apply in a case where the employee is
needed to operate the vehicle because the employee of the
eligible unit of local government who ordinarily operates the
vehicle and who has a commercial drivers license is unable to
operate the vehicle or is in need of additional assistance due
to a snow emergency.
(b) Effective Date.--The provisions of subsection (a) shall take
effect 180 days after the date of the enactment of this Act.
(c) Review by the Secretary.--The Secretary may conduct a
rulemaking proceeding to determine whether granting any exemption
provided by subsection (a) is not in the public interest and would have
a significant adverse impact on the safety of commercial motor
vehicles. If, at any time, the Secretary determines that granting such
exemption would not be in the public interest and would have a
significant adverse impact on the safety of commercial motor vehicles,
then the Secretary may prevent the exemption from going into effect,
modify the exemption, or revoke the exemption.
(d) Definitions.--In this section, the following definitions apply:
(1) 8 consecutive days.--The term ``8 consecutive days''
means the period of 8 consecutive days beginning on any day at
the time designated by the motor carrier for a 24-hour period.
(2) 24-hour period.--The term ``24-hour period'' means any
24-consecutive hour period beginning at the time designated by
the motor carrier for the terminal from which the driver is
normally dispatched.
(3) Ground water well drilling rig.--The term ``ground
water well drilling rig'' means any vehicle, machine, tractor,
trailer, semi-trailer, or specialized mobile equipment
propelled or drawn by mechanical power and used on highways to
transport water well field operating equipment, including water
well drilling and pump service rigs equipped to access ground
water.
(4) Transportation of construction materials and
equipment.--The term ``transportation of construction materials
and equipment'' means the transportation of construction
materials, construction finished related products, construction
personnel, and construction equipment by a driver within a 50
air mile radius of the normal work reporting location of the
driver.
(5) Eligible unit of local government.--The term ``eligible
unit of local government'' means a city, town, borough, county,
parish, district, or other public body created by or pursuant
to State law which has a total population of 3,000 individuals
or less.
(6) Utility service vehicle.--The term ``utility service
vehicle'' means any motor vehicle, regardless of gross weight--
(A) used on highways in interstate or intrastate
commerce in the furtherance of building, repairing,
expanding, improving, maintaining, or operating any
structures, facilities, excavations, poles, lines, or
any other physical feature necessary for the delivery
of public utility services, including the furnishing of
electric, water, sanitary sewer, telephone, and
television cable or community antenna service;
(B) while engaged in any activity necessarily
related to the ultimate delivery of such public utility
services to consumers, including travel or movement to,
from, upon, or between activity sites (including
occasional travel or movement outside the service area
necessitated by any utility emergency as determined by
the utility provider); and
(C) except for any occasional emergency use,
operated primarily within the service area of a
utility's subscribers or consumers, without regard to
whether the vehicle is owned, leased, or rented or
otherwise contracted for by the utility.
SEC. 352. TRAFFIC CONTROL SIGNS.
Traffic control signs referred to in the experimental project
conducted in the State of Oregon in December 1991 shall be deemed to
comply with the requirements of section 2B-4 of the Manual on Uniform
Traffic Control Devices of the Department of Transportation.
SEC. 353. BRIGHTMAN STREET BRIDGE, FALL RIVER HARBOR, MASSACHUSETTS.
Notwithstanding any other provision of law, the Brightman Street
Bridge in Fall River Harbor, Massachusetts, may be reconstructed to
result in a clear channel width of less than 300 feet.
SEC. 354. MOTOR CARRIER SAFETY PROGRAM.
Section 31136(e) of title 49, United States Code, is amended--
(1) by inserting ``(1) In general.--'' before ``After
notice'';
(2) by indenting paragraph (1), as designated by paragraph
(1) of this section, and moving paragraph (1), as so
redesignated, 2 ems to the right; and
(3) by adding the following at the end:
``(2) Motor carrier safety program.--
``(A) In general.--The Secretary, within 180 days
of the application of an operator of motor vehicles
with a gross vehicle weight rating of at least 10,001
pounds but not more than 26,000 pounds, shall exempt
some or all of such vehicles and drivers of such
vehicles from some or all of the regulations prescribed
under this section and sections 504 and 31502 of this
title if the Secretary finds such applicant--
``(i) has a current satisfactory safety
fitness rating issued by the Secretary; and
``(ii) will implement a program of safety
management controls designed to achieve a level
of operational safety equal to or greater than
that resulting from compliance with the
regulations prescribed under this section.
The Secretary shall modify the exemption if there is a
material change in the regulations prescribed under
such sections. In granting such exemptions, the
Secretary shall ensure that approved participants in
the motor carrier safety program are subject to a
minimum of paperwork and regulatory burdens.
``(B) Monitoring; exemption period.--The Secretary
and participants in the program established by this
paragraph shall periodically monitor the safety of
vehicles and drivers exempted from regulations under
the program. An exemption approved under subparagraph
(A) shall remain in effect until such time as the
Secretary finds--
``(i) that the operator has exceeded the
average ratio of preventable accidents to
vehicle miles travelled for a period of 12
months for the class of vehicles with a gross
vehicle weight of at least 10,001 pounds but
not more than 26,000 pounds; or
``(ii) that such operator's exemption is
not in the public interest and would result in
a significant adverse impact on the safety of
commercial motor vehicles.
``(C) Factors.--In approving applications under the
program established by this paragraph, the Secretary
shall--
``(i) ensure that applicants in the program
represent a broad cross-section of fleet size
and operators of vehicles between 10,000 and
26,000 pounds; and
``(ii) to the extent feasible, ensure
participation by as many qualified applicants
as possible.
``(D) Limitation.--The Secretary shall not grant
the exemptions set forth in subparagraph (A) to
vehicles--
``(i) designed to transport more than 15
passengers; including the driver; or
``(ii) used in transporting material found
by the Secretary to be hazardous under section
5103 of this title and transported in a
quantity requiring placarding under regulations
prescribed by the Secretary under such section
5103.
``(E) Emergencies.--The Secretary may revoke or
modify the participation of an operator in the program
established by this section in the case of an
emergency.
``(3) Review of regulations.--The Secretary shall conduct a
zero-based review of the need and the costs and benefits of all
regulations issued under this section and sections 504 and
31502 of this title to determine whether such regulations
should apply to vehicles weighing between 10,000 and 26,000
pounds. The review shall focus on the appropriate level of
safety and the paperwork and regulatory burdens of such
regulations as they apply to operators of vehicles weighing
between 10,000 and 26,000 pounds. The Secretary shall complete
the review within 18 months after the date of the enactment of
this paragraph. Upon completion of the review, the Secretary
shall grant such exemptions or modify or repeal existing
regulations to the extent appropriate.''.
SEC. 355. TECHNICAL AMENDMENT.
Notwithstanding section 101(a) of title 23, United States Code, the
projects described in section 149(a)(62) of Public Law 100-17 and
section 1 of Public Law 100-211 shall be eligible under section 204 of
title 23, United States Code.
SEC. 356. SAFETY REPORT.
Not later than September 30, 1997, the Secretary of Transportation,
in cooperation with any State which raises any speed limit in such
State to a level above the level permitted under section 154 of title
23, United States Code, as such section was in effect on September 15,
1995, shall prepare and submit to the Congress a study of--
(1) the costs to such State of deaths and injuries
resulting from motor vehicle crashes; and
(2) the benefits associated with the repeal of the national
maximum speed limit.
SEC. 357. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 161. National standard to prohibit the operation of motor
vehicles by intoxicated minors
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 1999.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (5) of section 104(b) on
October 1, 1998, if the State does not meet the requirement of
paragraph (3) on such date.
``(2) Thereafter.--The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the
amount required to be apportioned to any State under each of
paragraphs (1), (3), and (5) of section 104(b) on October 1,
1999, and on October 1 of each fiscal year thereafter, if the
State does not meet the requirement of paragraph (3) on such
date.
``(3) Requirement.--A State meets the requirement of this
paragraph if the State has enacted and is enforcing a law that
makes unlawful throughout the State the operation of a motor
vehicle by an individual under the age of 21 who has a blood
alcohol concentration of 0.02 percent or greater.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30,
2000.--Any funds withheld under subsection (a) from
apportionment to any State on or before September 30,
2000, shall remain available until the end of the third
fiscal year following the fiscal year for which such
funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2000.--No
funds withheld under this section from apportionment to
any State after September 30, 2000, shall be available
for apportionment to such State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirement of subsection (a)(3), the Secretary
shall, on the first day on which the State meets such
requirement, apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2) shall
remain available for expenditure until the end of the third
fiscal year following the fiscal year in which such funds are
so apportioned. Sums not obligated at the end of such period
shall lapse or, in the case of funds apportioned under section
104(b)(5), shall lapse and be made available by the Secretary
for projects in accordance with section 118.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirement of
subsection (a)(3), such funds shall lapse or, in the case of
funds withheld from apportionment under section 104(b)(5), such
funds shall lapse and be made available by the Secretary for
projects in accordance with section 118.''.
(b) Clerical amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``161. National standard to prohibit the operation of motor vehicles by
intoxicated minors.''.
SEC. 358. EFFECTIVENESS OF DRUNK DRIVING LAWS.
The Secretary shall conduct a study to evaluate the effectiveness
on reducing drunk driving of laws enacted in the States which allow a
health care provider who treats an individual involved in a vehicular
accident to report the blood alcohol level, if known, of such
individual to the local law enforcement agency which has jurisdiction
over the accident site if the blood alcohol concentration level exceeds
the maximum level permitted under State law.
Amend the title so as to read: ``An Act to amend title 23, United States
Code, to designate the National Highway System, and for other purposes.''.
Attest:
Clerk.
104th CONGRESS
1st Session
S. 440
_______________________________________________________________________
AMENDMENTS