[Congressional Record Volume 143, Number 143 (Wednesday, October 22, 1997)]
[Senate]
[Pages S10962-S10993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

               THE INTERMODAL TRANSPORTATION ACT OF 1997

                                 ______
                                 

            DOMENICI (AND OTHERS) AMENDMENTS NOS. 1324-1327

  (Ordered to lie on the table.)
  Mr. DOMENICI (for himself, Mr. Inouye, Mr. Bingaman, and Mr. Johnson) 
submitted four amendments intended to be proposed by them to the bill 
(S. 1173) to authorize funds for construction of highways, for highway 
safety programs, and for mass transit programs, and for mass transit 
programs, and for other purposes; as follows:

                           Amendment No. 1324

       On page 54, between lines 2 and 3, insert the following:
       (d) Additional Funding for Indian Reservation Roads.--
       (1) In general.--Section 202(d) of title 23, United States 
     Code, is amended--
       (A) by striking ``(d) On'' and inserting the following:
       ``(d) Indian Reservation Roads.--
       ``(1) In general.--On'';

[[Page S10963]]

       (B) in paragraph (1) (as so designated), by inserting ``, 
     and the amount set aside under paragraph (2),'' after 
     ``appropriated''; and
       (C) by adding at the end the following:
       ``(2) Set-aside.--
       ``(A) In general.--For each of fiscal years 1998 through 
     2003, before making an apportionment of funds under section 
     104(b), the Secretary shall set aside the amount specified 
     for the fiscal year in subparagraph (B) for allocation in 
     accordance with paragraph (1).
       ``(B) Amounts.--The amounts referred to in subparagraph (A) 
     are--
       ``(i) for fiscal year 1998, $25,000,000;
       ``(ii) for fiscal year 1999, $50,000,000;
       ``(iii) for fiscal year 2000, $75,000,000;
       ``(iv) for fiscal year 2001, $75,000,000;
       ``(v) for fiscal year 2002, $100,000,000; and
       ``(vi) for fiscal year 2003, $100,000,000.''.
       (2) Conforming amendment.--Section 104(b) of title 23, 
     United States Code (as amended by section 1102(a)), is 
     amended in the matter preceding paragraph (1) by inserting 
     ``and section 202(d)(2)'' after ``(f)''.
                                  ____


                          Amendments No. 1325

       At the appropriate place, insert the following:

     SEC.  . FUNDING FOR INDIAN RURAL TRANSIT PROGRAM.

       Section 5311 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(k) Indian Rural Transit Program.--
       ``(1) In General.--Of amounts made available under section 
     5338(a) to carry out this section in each fiscal year, 
     $10,000,000 shall be available for grants to Indian tribes 
     (as that term is defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e))) in accordance with this section for transportation 
     projects in areas other than urbanized areas.
       ``(2) Formula allocation.--Amounts made available under 
     paragraph (1) shall be allocated among Indian tribes--
       ``(A) with respect to fiscal years 1998 and 1999, by the 
     Administrator of the Federal Transit Administration; and
       ``(B) with respect to each fiscal year thereafter, in 
     accordance with a formula, which shall be established by the 
     Secretary, in consultation with Indian tribes, not later than 
     October 1, 1999.''.
                                  ____


                           Amendment No. 1326

       On page 54, between lines 2 and 3, insert the following:
       (d) Allocation for Intertribal Transportation 
     Association.--Section 202(d) of title 23, United States Code, 
     is amended--
       (1) by striking ``(d) On'' and inserting the following:
       ``(d) Indian Reservation roads.--
       ``(1) In general.--On'';
       (2) in paragraph (1) (as designated by subparagraph (A)), 
     by striking ''the Secretary shall allocate'' and inserting 
     ``after making the allocation authorized by paragraph (2), 
     the Secretary shall allocate the remainder of''; and
       (3) by adding at the end the following:
       ``(2) Allocation for intertribal transportation 
     association.--For each fiscal year, the Secretary shall 
     allocate $300,000 of the sums described in paragraph (1) to 
     the Intertribal Transportation Association.''.
                                  ____


                           Amendment No. 1327

       On page 127, strike line 8 and insert the following: 
     bridges that--
       ``(A) provides for the allocation of funds reserved under 
     paragraph (2) in accordance with the priorities established 
     by the Bureau of Indian Affairs through application of the 
     National Bridge Inspection Standards; and
       ``(B) accords highest priority in funding to bridges with 
     the greatest deficiency.
                                 ______
                                 

                       ALLARD AMENDMENT NO. 1328

  (Ordered to lie on the table.)
  Mr. ALLARD submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       Beginning on page 14, strike line 6 and all that follows 
     through page 18, line 5, and insert the following:
       ``(2) Congestion mitigation and air quality improvement 
     program.--
       ``(A) In general.--For the congestion mitigation and air 
     quality improvement program, in the ratio that--
       ``(i) the total of all weighted non-attainment area and 
     maintenance area populations in each State; bears to
       ``(ii) the total of all weighted non-attainment area and 
     maintenance area populations in all States.
       ``(B) Calculation of weighted non-attainment area and 
     maintenance area population.--For the purpose of subparagraph 
     (A), the weighted nonattainment area and maintenance area 
     population shall be calculated by multiplying the population 
     of each area in a State that is a nonattainment area 
     designated under section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)) or as a maintenance area for ozone, carbon 
     monoxide, or PM-10 by a factor of--
       ``(i) 1.0 if, at the time of the apportionment, the area is 
     classified as a marginal ozone nonattainment area, as a 
     transitional ozone nonattainment area (within the meaning of 
     section 185A of the Clean Air Act (42 U.S.C. 7511e)), or as a 
     maintenance area for any pollutant under part D of title I of 
     the Clean Air Act (42 U.S.C. 7501 et seq.);
       ``(ii) 1.1 if, at the time of the apportionment, the area 
     is classified as a moderate ozone nonattainment area, a 
     moderate carbon monoxide nonattainment area with a design 
     value of 12.7 parts per million or less at the time of 
     classification, or a moderate PM-10 nonattainment area, 
     under the part;
       ``(iii) 1.2 if, at the time of the apportionment, the area 
     is classified as a serious ozone nonattainment area, or a 
     moderate carbon monoxide nonattainment area with a design 
     value greater than 12.7 parts per million at the time of 
     classification, under that part;
       ``(iv) 1.3 if, at the time of the apportionment, the area 
     is classified as a severe ozone nonattainment area, a serious 
     carbon monoxide nonattainment area, or a serious PM-10 
     nonattainment area, under that part; or
       ``(v) 1.4 if, at the time of the apportionment, the area is 
     classified as an extreme ozone nonattainment area under that 
     part.
       ``(C) Minimum apportionment.--Notwithstanding any other 
     provision of this paragraph, each State shall receive a 
     minimum of \1/2\ of 1 percent of the funds apportioned under 
     this paragraph.
       ``(D) Determinations of population.--In determining 
     population figures for the purposes of this paragraph, the 
     Secretary shall use the latest available annual estimates 
     prepared by the Secretary of Commerce.
       ``(E) Definition of pm-10.--In this paragraph, the term 
     `PM-10' means particulate matter with an aerodynamic diameter 
     smaller than or equal to 10 microns.
                                 ______
                                 

                  TORRICELLI AMENDMENTS NOS. 1329-1330

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted two amendments intended to be proposed by 
him to the bill, S. 1173, supra; as follows:

                           Amendment No. 1329

       On page 85, between lines 18 and 19, insert the following:
       (d) Evaluation of Procurement Practices and Project 
     Delivery.--
       (1) Study.--The Comptroller General shall conduct a study 
     to assess--
       (A) the impact that a utility company's failure to relocate 
     its facilities in a timely manner has on the delivery and 
     cost of Federal-aid highway and bridge projects;
       (B) methods States use to mitigate delays described in 
     subparagraph (A), including the use of the courts to compel 
     utility cooperation;
       (C) the prevalence and use of--
       (i) incentives to utility companies for early completion of 
     utility relocations on Federal-aid transportation project 
     sites; and
       (ii) penalties assessed on utility companies for utility 
     relocation delays on such projects;
       (D) the extent to which States have used available 
     technologies, such as subsurface utility engineering, early 
     in the design of Federal-aid highway and bridge projects so 
     as to eliminate or reduce the need for or delays due to 
     utility relocations; and
       (E)(i) whether individual States compensate transportation 
     contractors for business costs incurred by the contractors 
     when Federal-aid highway and bridge projects under contract 
     to the contractors are delayed by delays caused by utility 
     companies in utility relocations; and
       (ii) methods used by States in making any such 
     compensation.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study, including 
     any recommendations that the Comptroller General determines 
     to be appropriate as a result of the study.
                                  ____


                           Amendment No. 1330

       On page 85, between lines 18 and 19, insert the following:
       (d) Evaluation of Procurement Practices and Project 
     Delivery.--
       (1) Study.--The Comptroller General shall conduct a study 
     to assess--
       (A) the impact that a utility company's failure to relocate 
     its facilities in a timely manner has on the delivery and 
     cost of Federal-aid highway and bridge projects;
       (B) methods States use to mitigate delays described in 
     subparagraph (A), including the use of the courts to compel 
     utility cooperation;
       (C) the prevalence and use of--
       (i) incentives to utility companies for early completion of 
     utility relocations on Federal-aid transportation project 
     sites; and
       (ii) penalties assessed on utility companies for utility 
     relocation delays on such projects;
       (D) the extent to which States have used available 
     technologies, such as subsurface utility engineering, early 
     in the design of Federal-aid highway and bridge projects so 
     as to eliminate or reduce the need for or delays due to 
     utility relocations; and
       (E)(i) whether individual States compensate transportation 
     contractors for business costs incurred by the contractors 
     when Federal-aid highway and bridge projects under contract 
     to the contractors are delayed by delays caused by utility 
     companies in utility relocations; and
       (ii) methods used by States in making any such 
     compensation.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the results of the study, including 
     any recommendations that the

[[Page S10964]]

     Comptroller General determines to be appropriate as a result 
     of the study.
                                 ______
                                 

                    McCAIN AMENDMENTS NOS. 1331-1332

  (Ordered to lie on the table.)
  Mr. McCAIN submitted two amendments intended to be proposed by him to 
amendment No. 1319 proposed by Mr. Roth to the bill, S. 1173, supra; as 
follows:

                           Amendment No. 1331

       In the matter added by Amendment No. 1319, strike Sections 
     X002(a)(1)(C), (a)(2), (a)(3), (a)(4), (a)(5), and (c), and 
     renumber the sections accordingly.

                           Amendment No. 1332

       Strike Sections X002(a)(1)(C), (a)(2), (a)(3), (a)(4), 
     (a)(5), and (c), and renumber the sections accordingly.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1333

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       At the appropriate place in the bill, add the following new 
     section:
       ``Sec.   . Notwithstanding any other provision of law, 
     existing provisions in the Internal Revenue Code of 1986 
     relating to ethanol fuels may not be extended beyond the 
     periods specified in the Code, as in effect prior to the date 
     of enactment of this Act.''
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1334

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
amendment No. 1319 proposed by Mr. Roth to the bill, S. 1173, supra; as 
follows:

       At the end of the amendment, add the following new section:
       ``Sec. X008. Notwithstanding any other provision of law, 
     existing provisions in the Internal Revenue Code of 1986 
     relating to ethanol fuels may not be extended beyond the 
     periods specified in the Code, as in effect prior to the date 
     of enactment of this Act.''
                                 ______
                                 

                    SNOWE AMENDMENTS NOS. 1335-1336

  (Ordered to lie on the table.)
  Ms. SNOWE submitted two amendments intended to be proposed by her to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1335

       On page 176, strike lines 3 through 5 and insert the 
     following:
       (a) In General.--
       (1) Program.--Section 129(c) of title 23, United States 
     Code, is amended--
       (A) by inserting ``in accordance with paragraph (2) and 
     sections 103, 133, and 149,'' after ``toll or free.'';
       (B) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     appropriately;
       (C) by striking ``(e) Notwithstanding'' and inserting the 
     following:
       ``(c) Construction of Ferry Boats and Ferry Terminal 
     Facilities.--
       ``(1) In general.--Notwithstanding'';
       (D) in subparagraph (C) (as redesignated by subparagraph 
     (B)), by inserting ``or operated'' before the period at the 
     end;
       (E) in the first sentence of subparagraph (F) (as 
     redesignated by subparagraph (B)), by striking ``sold, 
     leased, or'' and inserting ``sold or''; and
       (F) by adding at the end the following:
       ``(2) Program.--
       ``(A) In general.--The Secretary shall carry out a program 
     for construction of ferry boats and ferry terminal facilities 
     in accordance with paragraph (1).
       ``(B) Federal share.--The Federal share of the cost of 
     construction of a ferry boat or ferry terminal facility using 
     funds made available under subparagraph (C) shall be 80 
     percent.
       ``(C) Authorization of contract authority.--
       ``(i) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     obligation at the discretion of the Secretary in carrying out 
     this paragraph $18,000,000 for each of fiscal years 1998 
     through 2000.
       ``(ii) Availability.--Amounts made available under this 
     subparagraph shall remain available until expended.''.
       (2) Study.--
       (A) In general.--The Secretary shall conduct a study of 
     ferry transportation in the United States and the possessions 
     of the United States--
       (i) to identify ferry operations in existence as of the 
     date of the study, including--

       (I) the locations and routes served; and
       (II) the source and amount, if any, of funds derived from 
     Federal, State, or local government sources that support 
     ferry operations; and

       (ii) to identify potential domestic ferry routes in the 
     United States and possessions of the United States and to 
     develop information on the routes.
       (B) Report.--The Secretary shall submit a report on the 
     results of the study under subparagraph (A) to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
                                  ____


                           Amendment No. 1336

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

     SEC. 18__. FUNDING TRANSFER.

       The Intermodal Surface Transportation Efficiency Act of 
     1991 is amended--
       (1) in the table contained in section 1103(b) (105 Stat. 
     2027), in item 9, by striking ``32.1'' and inserting 
     ``25.1''; and
       (2) in the table contained in section 1104(b) (105 Stat. 
     2029)--
       (A) in item 27, by striking ``10.5'' and inserting 
     ``12.5''; and
       (B) in item 44, by striking ``10.0'' and inserting 
     ``15.0''.
       At the appropriate place in subtitle D of title I, insert 
     the following:

     SEC. 14__. YOUNGER DRIVER SAFETY DEVELOPMENT DEMONSTRATION 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a State or unit of local government; or
       (B) a nonprofit organization.
       (2) Nonprofit organization.--The term ``nonprofit 
     organization'' means any organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
     from taxation by reason of section 501(a) of such Code.
       (3) Younger driver.--The term ``younger driver'' means a 
     driver of a motor vehicle who has attained the age of 15, but 
     has not attained the age of 21.
       (b) General Authority.--The Secretary shall conduct a 
     demonstration program to, with respect to younger drivers--
       (1) reduce traffic fatalities and injuries among those 
     drivers; and
       (2) improve the driving performance of those drivers.
       (c) Grants.--An eligible entity may submit an application, 
     in such form and manner as the Secretary may prescribe for a 
     grant award to conduct a demonstration project under the 
     demonstration program under this section.
       (d) Demonstration Project.--A demonstration project 
     conducted under this section--
       (1) shall be designed to carry out the purposes specified 
     in subsection (b); and
       (2)(A) may include the development and implementation of a 
     comprehensive approach to--
       (i) the licensing of younger drivers (including graduated 
     licensing); or
       (ii) the education of younger drivers; or
       (B) may address specific driving behaviors (including seat 
     belt use, or impaired driving or any other risky driving 
     behavior).
       (e) Reports.--
       (1) In general.--Upon completion of a demonstration project 
     under this section, the grant recipient shall submit to the 
     Secretary a report that includes the findings of the grant 
     recipient with respect to results of the demonstration 
     project, together with any recommendations of the grant 
     recipient relating to those results.
       (2) Distribution of information.--The Secretary shall 
     ensure that, to the maximum extent practicable, the 
     information contained in the reports submitted under this 
     subsection is distributed to appropriate entities.
       (f) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section, $500,000 for each of fiscal years 1998 through 
     2000.
       (2) Availability of funds.--Funds made available under this 
     subsection shall remain available until expended.
       (3) Contract authority.--Subject to paragraph (2), funds 
     authorized under this subsection shall be available for 
     obligation in the same manner as if those funds were 
     apportioned under chapter 1 of title 23, United States Code.

     SEC. 14__. AGGRESSIVE DRIVER COUNTERMEASURE DEVELOPMENT 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Large metropolitan area.--The term ``large metropolitan 
     area'' means a metropolitan area that is identified by the 
     Administrator of the Federal Highway Administration as being 
     1 of the 27 metropolitan areas in the United States with the 
     greatest degree of traffic congestion.
       (2) Metropolitan area.--The term ``metropolitan area'' 
     means an area that contains a core population and surrounding 
     communities that have a significant degree of economic and 
     social integration with that core population (as determined 
     by the Secretary).
       (3) Small metropolitan area.--The term ``small metropolitan 
     area'' means a metropolitan area with a population of--
       (A) not less than 400,000 individuals; and
       (B) not more than 1,000,000 individuals.
       (b) General Authority.--
       (1) In general.--The Secretary shall carry out a 
     demonstration program to conduct--
       (A) 1 demonstration project in a large metropolitan area; 
     and
       (B) 1 demonstration project in a small metropolitan area.
       (2) Demonstration projects.--Each demonstration project 
     described in paragraph (1)--
       (A) shall identify effective and innovative enforcement and 
     education techniques to reduce aggressive driving; and

[[Page S10965]]

       (B) may--
       (i) investigate the use of new law enforcement technologies 
     to reduce aggressive driving;
       (ii) study the needs of prosecutors and other elements of 
     the judicial system in addressing the problem of aggressive 
     driving; and
       (iii) study the need for proposed legislation.
       (c) Grants.--
       (1) In general.--A State may submit an application, in such 
     form and manner as the Secretary may prescribe, for a grant 
     award to conduct a demonstration project under the 
     demonstration program under this section.
       (2) Geographic diversity.--In awarding grants under this 
     subsection, the Secretary shall provide for geographic 
     diversity with respect to the metropolitan areas selected, to 
     take into account variations in traffic patterns and law 
     enforcement practices.
       (3) Grant agreements.--As a condition to receiving a grant 
     under this section, each State that is selected to be a grant 
     recipient under this section shall be required to meet the 
     requirements of a grant agreement that the Secretary shall 
     offer to enter into with the appropriate official of the 
     State. The grant agreement shall specify that the grant 
     recipient shall submit to the Secretary such reports on the 
     demonstration project conducted by the grant recipient as the 
     Secretary determines to be necessary.
       (d) Demonstration Project.--A demonstration project 
     conducted under this section shall be designed to carry out 1 
     or more of the activities described in subsection (b).
       (e) Distribution of information.--
       (1) Evaluation and report.--Upon completion of the 
     demonstration projects conducted under the demonstration 
     program under this section, the Secretary shall--
       (A) conduct an evaluation of the results of those projects; 
     and
       (B) prepare a report that contains the findings of the 
     evaluation, including such recommendations concerning 
     addressing the incidence and causes of aggressive driving as 
     the Secretary determines to be appropriate.
       (2) Distribution.--
       (A) In general.--The Secretary shall ensure, to the maximum 
     extent practicable, that the information contained in the 
     reports submitted under this subsection is distributed to 
     appropriate entities, including law enforcement agencies.
       (B) Public information and education campaign.--In 
     conjunction with carrying out the demonstration program under 
     this section, the Secretary shall develop a comprehensive 
     public information and education campaign to address 
     aggressive driving behavior. The program shall include print, 
     radio, and television public service announcements that 
     highlight law enforcement activities and public participation 
     in addressing the problem of aggressive driving behavior.
       (f) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section, $500,000 for each of fiscal years 1998 through 
     1999 (of which not more than $165,000 may be used by the 
     Secretary to carry out subsection (e)) and $500,000 for 
     fiscal year 2000 (of which not more than $200,000 may be used 
     to carry out subsection (e)).
       (2) Availability of funds.--Funds made available under this 
     subsection shall remain available until expended.
       (3) Contract authority.--Subject to paragraphs (1) and (2), 
     funds authorized under this subsection shall be available for 
     obligation in the same manner as if the funds were 
     apportioned under chapter 1 of title 23, United States Code.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1338

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Levin) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       On page 139, line 22, insert ``or a unit of local 
     government in the State'' after ``State''.
                                 ______
                                 

           MURKOWSKI (AND STEVENS) AMENDMENTS NOS. 1339-1343

  (Ordered to lie on the table.)
  Mr. MURKOWSKI (for himself and Mr. Stevens) submitted five amendments 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

                           Amendment No. 1339

       On page 176, strike lines 3 through 5 and insert the 
     following:
       (a) In General.--Section 129(c) of title 23, United States 
     Code, is amended--
       (1) by striking ``may'' and inserting ``shall'';
       (2) by inserting ``in accordance with sections 103, 133, 
     and 149,'' after ``toll or free,'';
       (3) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     appropriately;
       (4) by striking ``(c) Notwithstanding'' and inserting the 
     following:
       ``(c) Construction of Ferry Boats and Terminal 
     Facilities.--
       ``(1) In general.--Notwithstanding''; and
       (5) by adding at the end the following:
       ``(2) Federal share.--The Federal share of the cost of 
     construction of a ferry boat or terminal facility using funds 
     made available under paragraph (3) shall be 80 percent.
       ``(3) Funding.--
       ``(A) In general.--There shall be available from the 
     Highway Trust Fund (other than the Mass Transit Account), for 
     obligation at the discretion of the Secretary in carrying out 
     this subsection $18,000,000 for each of fiscal years 1998 
     through 2003.
       ``(B) Availability.--Funds made available under 
     subparagraph (A) shall remain available until expended.
       ``(4) Applicability of other provisions of this chapter.--
     All provisions of this chapter that are applicable to the 
     National Highway System, other than provisions relating to 
     the apportionment formula and Federal share, shall apply to 
     funds made available under paragraph (3), except as 
     determined by the Secretary to be inconsistent with this 
     subsection.''.
                                  ____


                           Amendment No. 1340

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

     SEC. 11  . NATIONAL DEFENSE HIGHWAYS OUTSIDE THE UNITED 
                   STATES.

       Section 311 of title 23, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Funds''; 
     and
       (2) by adding at the end the following:
       ``(b) National Defense Highways Outside the United 
     States.--
       ``(1) Reconstruction projects.--If the Secretary 
     determines, after consultation with the Secretary of Defense, 
     that a highway, or a portion of a highway, located outside 
     the United States is important to the national defense, the 
     Secretary may carry out a project for reconstruction of the 
     highway or portion of highway.
       ``(2) Funding.--
       ``(A) In general.--From funds made available to carry out 
     this title that are associated with the Interstate System, 
     the Secretary may make available to carry out this subsection 
     not to exceed $16,000,000 for each of fiscal years 1998 
     through 2003.
       ``(B) Availability.--Funds made available under 
     subparagraph (A) shall remain available until expended.''.
                                  ____


                           Amendment No. 1341

       On page 269, line 2, insert ``(a) In General.--'' before 
     ``Section''.
       On page 278, between lines 14 and 15, insert the following:
       (b) Redundant Metropolitan Transportation Planning 
     Requirements.--
       (1) Finding.--Congress finds that the major investment 
     study requirements under section 450.318 of title 23, Code of 
     Federal Regulations, are redundant to the planning and 
     project development processes required under other titles 23 
     and 49, United States Code.
       (2) Streamlining.--
       (A) In general.--The Secretary shall streamline the Federal 
     transportation planning and NEPA decision process 
     requirements for all transportation improvements supported 
     with Federal surface transportation funds or requiring 
     Federal approvals, with the objective of reducing the number 
     of documents required and better integrating required 
     analyses and findings wherever possible.
       (C) Requirements.--The Secretary shall amend regulations as 
     appropriate and develop procedures to--
       (i) eliminate, effective as of the date of enactment of 
     this section, the major investment study under section 
     450.318 of title 23, Code of Federal Regulations, as a stand-
     alone requirement independent of other transportation 
     planning requirements;
       (ii) eliminate stand-alone report requirements wherever 
     possible;
       (iii) prevent duplication by integrating planning and 
     transportation NEPA processes by drawing on the products of 
     the planning process in the completion of all environmental 
     and other project development analyses;
       (iv) reduce project development time by achieving to the 
     maximum extent practical a single public interest decision 
     process for Federal environmental analyses and clearances; 
     and
       (v) expedite and support all phases of decisionmaking by 
     encouraging and facilitating the early involvement of 
     metropolitan planning organizations, State departments of 
     transportation, transit operators, and Federal and State 
     environmental resource and permit agencies throughout the 
     decisionmaking process.
                                  ____


                           Amendment No. 1342

       On page 191, line 12, strike the semicolon at the end and 
     insert ``, except that if the State has a higher Federal 
     share payable under section 120(b) of title 23, United States 
     Code, the State shall be required to contribute only an 
     amount commensurate with the higher Federal share;''.
                                  ____


                           Amendment No. 1343

       On page 52, line 10, strike ``reservations.'' and insert 
     ``reservations, and in the case of Indian reservation roads 
     and transit facilities, to pay for the costs of maintenance 
     of the Indian reservation roads and transit facilities.''.
                                 ______
                                 

                 HATCH (AND BENNETT) AMENDMENT NO. 1344

  (Ordered to lie on the table.)

[[Page S10966]]

  Mr. HATCH (for himself and Mr. Bennett) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       On page 144, strike line 5 and insert the following: the'' 
     and inserting ``The''.

     SEC. 1206A. WAIVER FOR HIGH-ALTITUDE, EXTERNAL-LOAD HOIST 
                   RESCUES.

       The Secretary, acting through the Administrator of the 
     Federal Aviation Administration, shall waive any regulation 
     of the Federal Aviation Administration that prohibits the use 
     of an Agusta A 109K2 helicopter by an entity that is not a 
     public service agency (as that term is defined by the 
     Administrator) to execute a high-altitude, external-load 
     rescue with such a helicopter if the Secretary, acting 
     through the Administrator, determines that the entity--
       (1) has sufficient expertise to execute such a rescue; and
       (2) is implementing sufficient safety measures.
                                 ______
                                 

                   BENNETT AMENDMENTS NOS. 1345-1346

  (Ordered to lie on the table.)
  Mr. BENNETT submitted two amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1345

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

     SEC. 11  . TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

       (a) Purpose.--The purpose of this section is to authorize 
     the provision of assistance for, and support of, State and 
     local efforts concerning surface transportation issues 
     necessary to obtain the national recognition and economic 
     benefits of participation in the International Olympic 
     movement by hosting international quadrennial Olympic events 
     in the United States.
       (b) Priority for Transportation Projects Relating to 
     Olympic Events.--Notwithstanding any other provision of law, 
     from funds available to carry out section 104(k) of title 23, 
     United States Code, the Secretary may give priority to 
     funding for a transportation project relating to an 
     international quadrennial Olympic event if--
       (1) the project meets the extraordinary needs associated 
     with an international quadrennial Olympic event; and
       (2) the project is otherwise eligible for assistance under 
     section 104(k) of that title.
       (c) Transportation Planning Activities.--The Secretary may 
     participate in--
       (1) planning activities of States and metropolitan planning 
     organizations and transportation projects relating to an 
     international quadrennial Olympic event under sections 134 
     and 135 of title 23, United States Code; and
       (2) developing intermodal transportation plans necessary 
     for the projects in coordination with State and local 
     transportation agencies.
       (d) Use of Administrative Expenses.--From funds deducted 
     under section 104(a) of title 23, United States Code, the 
     Secretary may provide assistance for the development of an 
     Olympics transportation management plan in cooperation with 
     an Olympic Organizing Committee responsible for hosting, and 
     State and local communities affected by, an international 
     quadrennial Olympic event.
       (e) Transportation Projects Relating to Olympic Events.--
       (1) In general.--The Secretary may provide assistance, 
     including planning, capital, and operating assistance, to 
     States and local governments in carrying out transportation 
     projects relating to an international quadrennial Olympic 
     event.
       (2) Federal share.--The Federal share of the cost of a 
     project assisted under this subsection shall not exceed 80 
     percent.
       (f) Eligible Governments.--A State or local government 
     shall be eligible to receive assistance under this section 
     only if the government is hosting a venue that is part of an 
     international quadrennial Olympics that is officially 
     selected by the International Olympic Committee.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated from the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section such suns 
     as are necessary for each of fiscal years 1998 through 2003.
                                  ____


                           Amendment No. 1346

       At the appropriate place, insert the following:

     SEC.   . TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

       (A) Purpose.--The purpose of this section is to provide 
     assistance and support to State and local efforts on surface 
     and aviation-related transportation issues necessary to 
     obtain the national recognition and economic benefits of 
     participation in the International Olympic movement by 
     hosting international quadrennial Olympic events in the 
     United States.
       (b) Priority for Transportation Projects Related to Olympic 
     Events.--Notwithstanding any other provision of law, the 
     Secretary of Transportation shall give priority to funding 
     for a mass transportation project related to an Olympic event 
     from the Mass Transit Account of the Highway Trust Fund 
     available to carry out 1 or more of sections 5307, 5309, and 
     5326 of title 49, United States Code, if the project meets 
     the extraordinary needs associated with an international 
     quadrennial Olympic event and if the project is otherwise 
     eligible for assistance under the section at issue. For 
     purposes of determining the non-Federal share of a project 
     funded under this subsection, highway and transit projects 
     shall be considered to be a program of projects.
       (c) Transportation Planning Activities.--The Secretary may 
     participate in planning activities of States and Metropolitan 
     planning organizations and sponsors of transportation 
     projects related to an international quadrennial Olympic 
     event under sections 5303 and 5305a of title 49, United 
     States Code, and in developing intermodal transportation 
     plans necessary for such projects in coordination with State 
     and local transportation agencies.
       (d) Use of Administrative Expenses.--The Secretary may 
     provide assistance from funds deducted under section 104(a) 
     of title 23, United States Code, for the development of an 
     Olympics transportation management plan in cooperation with 
     an Olympic Organizing Committee responsible for hosting, and 
     State and local communities affected by, an international 
     quadrennial Olympic event.
       (e) Transportation Projects Related to Olympic Events.--
       (1) General authority.--The Secretary may provide 
     assistance to States and local governments in carrying out 
     transportation projects related to an international 
     quadrennial Olympic event. Such assistance may include 
     planning, capital, and operating assistance.
       (2) Federal share.--The Federal share of the costs of 
     projects assisted under this subsection shall not exceed 80 
     percent. For purposes of determining the non-Federal share of 
     a project assisted under this subsection, highway and transit 
     projects shall be considered to be a program of projects.
       (f) Eligible Governments.--A State or local government is 
     eligible to receive assistance under this section only if it 
     is housing a venue that is part of an international 
     quadrennial Olympics that is officially selected by the 
     International Olympic Committee.
       (g) Airport Development Projects.--
       (1) Airport development defined.--Section 47102(3) of title 
     49, United States Code, is amended by adding at the end the 
     following:
       ``(H) Developing, in coordination with State and local 
     transportation agencies, intermodal transportation plans 
     necessary for Olympic-related projects at an airport.''.
       (2) Discretionary grants.--Section 47115(d) of title 49, 
     United States Code, is amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(7) the need for the project in order to meet the unique 
     demands of hosting international quadrennial Olympic 
     events.''.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 1998 through 2003.
                                 ______
                                 

                    THOMAS AMENDMENTS NOS. 1347-1350

  (Ordered to lie on the table.)
  Mr. THOMAS submitted four amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1347

       At the appropriate place, insert the following:

     SEC.   . MINIMUM GUARANTEE OF TRANSIT PROGRAM FUNDS.

       Section 5338 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(o) Minimum Guarantee of Transit Program Funds.
       ``(1) Set-aside required.--For each fiscal year beginning 
     after September 30, 1997, after providing for any allocation 
     or set-asides under subsection (g) or (h), but before 
     completing distribution of other amounts made available or 
     appropriated under subsections (a) and (b), the Secretary 
     shall set aside, and shall make available to each State, in 
     addition to amounts otherwise made available to the State (or 
     to its political subdivisions) to carry out sections 5307, 
     5309, 5310, and 5311, the amount calculated under paragraph 
     (2)(B).
       ``(2) Calculation.--
       ``(A) Definition of minimum guarantee threshold amount.--In 
     this subsection, the term `minimum guarantee threshold 
     amount' means, with respect to a State for a fiscal year, the 
     amount equal to the product of--
       ``(i) total amount made available to all States and 
     political subdivisions under sections 5307, 5309, 5310, and 
     5311 for that fiscal year; multiplied by
       ``(ii) 70 percent of the State's percentage contribution to 
     the estimated tax payments attributable to highway users in 
     all States and allocated to the Mass Transit Account under 
     section 9503(e) of the Internal Revenue Code of 1986 in the 
     latest fiscal year for which data are available.
       ``(B) Calculation.--Subject to subparagraph (C) and any 
     other limitations set forth in this subsection, the amount 
     required to be provided to a State under this subsection is 
     the amount, if it is a positive number, that, if added to the 
     total amount made available to the State (and its political 
     subdivisions) under sections 5307, 5309, 5310, and 5311 for

[[Page S10967]]

     that fiscal year, is equal to the minimum guarantee threshold 
     amount.
       ``(C) Limitation.--The maximum amount made available to a 
     State under this subsection shall not exceed $12,500,000.
       ``(3) Source of funds.--
       ``(A) In general.--Amounts required to be set aside and 
     made available to States under this subsection--
       ``(i) may be obtained from any amounts under section 5309 
     that are made available to the Secretary for distribution at 
     the Secretary's discretion; or
       ``(ii) if not, shall be obtained by proportionately 
     reducing amounts which would otherwise be made available 
     under subsections (a) and (b), for sections 5307, 5309, 5310, 
     and 5311, to those States and political subdivisions for 
     which the amount made available under sections 5307, 5309, 
     5310, and 5311 to the State (including political subdivisions 
     thereof) is greater than the product of--

       ``(I) total amount made available to all States and 
     political subdivisions under sections 5307, 5309, 5310, and 
     5311, in that fiscal year; multiplied by
       ``(II) the State's percentage contribution to the estimated 
     tax payments attributable to highway users in all States and 
     allocated to the Mass Transit Account under section 9503(e) 
     of the Internal Revenue Code of 1986 in the latest fiscal 
     year for which data are available.

       ``(B) Proportionate reductions.--The Secretary also shall 
     apply reductions under subparagraph (A)(ii) proportionately 
     to amounts made available from the Mass Transit Account and 
     to amounts made available from other sources.
       ``(C) Other reductions.--
       ``(i) In general.--Reductions otherwise required by 
     subparagraph (A) may be taken against the amounts that 
     otherwise would be made available to any State or political 
     subdivision thereof, only to the extent that making those 
     reductions would not reduce the total amount made available 
     to the State and its political subdivisions under sections 
     5307, 5309, 5310, and 5311 to less than the lesser of--

       ``(I) 90 percent of the total of those amounts made 
     available to the State and its political subdivisions in 
     fiscal year 1997; or
       ``(II) the minimum guarantee threshold amount for the State 
     for the fiscal year at issue.

       ``(ii) Proportionate reductions.--In the event of the 
     applicability of clause (i), the Secretary shall obtain the 
     remainder of the amounts required to be made available to 
     States under the minimum guarantee required by this 
     subsection proportionately from those States, including 
     political subdivisions, to which subparagraph (A) applies, 
     and to which clause (i) of this subparagraph does not apply.
       ``(4) Attribution of amounts.--For the purposes of 
     calculations under this subsection, with respect to 
     attributing to individual States any amounts made available 
     to political subdivisions that are multi-State entities, the 
     Secretary shall attribute those amounts to individual States, 
     based on such criteria as the Secretary may adopt by rule, 
     except that, for purposes of calculations for fiscal year 
     1998 only, the Secretary may attribute those amounts to 
     individual States before adopting a rule.
       ``(5) Use of additional amounts.--Amounts made available to 
     a State under this subsection may be used for any purpose 
     eligible for assistance under this chapter and up to 50 
     percent of the amount made available to a State under this 
     subsection for any fiscal year may be used by the State for 
     any project or program eligible for assistance under title 
     23.
       ``(6) Treatment of certain amounts.--For purposes of 
     sections 5323(a)(1)(D) and 5333(b), amounts made available to 
     a State under this subsection that are, in turn, awarded by 
     the State to subgrantees, shall be treated as if 
     apportioned--
       ``(A) under section 5311, if the subgrantee is not serving 
     an urbanized area; and
       ``(B) directly to the subgrantee under section 5307, if the 
     subgrantee serves an urbanized area.''.
                                  ____


                           Amendment No. 1348

       Strike Section 1125 of the Committee Amendment and insert 
     in lieu thereof the following new section:

     SEC. 1125. AMENDMENT TO 23 U.S.C. Sec. 302.

       Section 302 of Title 23 United States Code is amended to 
     read:

     Sec. 302. State highway department

       (a) Any State desiring to avail itself of the provisions of 
     this title shall have a State highway department which shall 
     have adequate powers, and be suitably equipped and organized 
     to discharge to the satisfaction of the Secretary the duties 
     required by this title. Among other things, the organization 
     shall include a secondary road unit. In meeting the 
     provisions of this subsection, a State shall rely on entities 
     in the private enterprise system--including but not limited 
     to commercial firms in architecture, engineering, 
     construction, surveying, mapping, laboratory testing, and 
     information technology--to provide such goods and services as 
     are reasonably and expeditiously available through ordinary 
     business channels, and shall not duplicate or compete with 
     entities in the private enterprise system.
       (b) The Secretary shall promulgate regulations and 
     procedures to inform each State and any other agency that 
     administers this Act and each recipient of a grant or other 
     Federal assistance of the requirements of subsection (a).
       (c) The State highway department may arrange with a county 
     or group of counties for competent highway engineering 
     personnel suitably organized and equipped to the satisfaction 
     of the State highway department, to perform inherently 
     governmental functions on a county-unit or group-unit basis, 
     for the construction of projects on the Federal-aid secondary 
     system, financed with secondary funds, and for the 
     maintenance thereof.
                                  ____


                           Amendment No. 1349

       At the appropriate place in the amendment, insert the 
     following new section and renumber any remaining sections 
     accordingly:

     ``SEC.   . WASTE TIRE RECYCLING RESEARCH PROGRAM.

       (a) Research Grants and Contracts.--The Administrator may 
     use funds to make a grant or enter into a contract or 
     cooperative agreement with a person to conduct research and 
     development on--
       (1) waste tire/waste oil processing and recycling 
     technologies; or
       (2) the use, performance, and marketability of products 
     made from carbonous materials and oil products produced from 
     waste tire processing.
       (b) Research Program.--The Administrator shall conduct a 
     program of research to determine--
       (1) the public health and environmental risks associated 
     with the production and use of asphalt pavement containing 
     tire-derived carbonous asphalt modifiers;
       (2) the performance of asphalt pavement containing tire-
     derived carbonous asphalt modifiers under various climate and 
     use conditions; and
       (3) the degree to which asphalt pavement containing tire-
     derived carbonous asphalt modifiers can be recycled.
       (c) Date of Completion.--The Administrator shall complete 
     the research program under subsection (b) of this section not 
     later than 3 years after the enactment of this Act.
                                  ____


                           Amendment No. 1350

       On page 54, between lines 2 and 3, insert the following:
       (d) Additional Funding for Park Roads and Parkways.--
       (1) In general.--Section 202(c) of title 23, United States 
     Code, is amended--
       (A) by striking ``(c) On'' and inserting the following:
       ``(c) Park Roads and Parkways.--
       ``(1) In general.--On'';
       (B) in paragraph (1) (as so designated), by inserting ``, 
     and the amount set aside under paragraph (2),'' after 
     ``appropriated''; and
       (C) by adding at the end the following:
       ``(2) Set-aside.--For each of fiscal years 1998 through 
     2003, the Secretary shall set aside from funds deducted under 
     104(a) $50,000,000 for allocation in accordance with 
     paragraph (1).''.
       (2) Conforming amendment.--Section 104(b) of title 23, 
     United States Code (as amended by section 1102(a)), is 
     amended in the matter preceding paragraph (1) by inserting 
     ``and section 202(c)(2)'' after ``(f)''.
                                 ______
                                 

                   HUTCHISON AMENDMENTS NO. 1351-1354

  (Ordered to lie on the table.)
  Mrs. HUTCHISON submitted four amendments intended to be proposed by 
her to the bill, S. 1173, supra; as follows:

                           Amendment No. 1351

       On page 99, strike lines 22 through 25 and insert the 
     following:
       ``programs;
       ``(J) other factors to promote transport efficiency and 
     safety, as determined by the Secretary; and
       ``(K) the ratio that the annual tonnage of commercial 
     vehicle traffic at the border stations or ports of entry in 
     each State bears to the annual tonnage of commercial vehicle 
     traffic at the border stations or ports of entry of all 
     States.''
                                  ____


                           Amendment No. 1352

       On page 397, strike line 16 and insert the following:
       ``scribed in section 529.
       ``(3) Continuance of partnership agreement.--Under the 
     program, the Secretary shall continue in effect, at a funding 
     level of $1,300,000 for each of fiscal years 1998, 1998, and 
     2000, a public-private, multimodal partnership agreement 
     entered into by the Secretary before the date of enactment of 
     this chapter providing for the integration of the freeway 
     arterial, transit, railroad, and emergency management 
     components of surface transportation management system.''
                                  ____


                           Amendment No. 1353

       On page 302, strike line 5 and insert the following:
       (g) Toll Roads, Bridges, Tunnels, and Ferries.--Section 
     129(a)(3) of title 23, United States Code, is amended--
       (1) by striking ``Before the Secretary'' and inserting the 
     following:
       ``(A) In general.--Before the Secretary'';
       (2) by striking ``If the State'' and inserting the 
     following:
       ``(B) Exceptions.--
       ``(i) In general.--If the State''; and
       (3) by adding at the end the following:
       ``(ii) Toll facilities financed by loans.--In the case of a 
     toll facility owned and operated by a local government that 
     is financed

[[Page S10968]]

     by a loan to the local government under paragraph (7), if the 
     local government certifies annually that the tolled facility 
     is being adequately maintained, the limitations on the use of 
     any toll revenues under subparagraph (A) shall not apply.''.
       (h) Railway-Highway Crossings.--Section 130(f)

                           Amendment No. 1354

       At the end of the bill, add the following:

               TITLE   --AMTRAK REFORM AND ACCOUNTABILITY

     SEC.   01. SHORT TITLE; TABLE OF SECTIONS.

       (a) Short Title.--This title may be cited as the ``Amtrak 
     Reform and Accountability Act of 1997''.
       (b) Table of Sections.--The table of sections for this 
     title is as follows:
Sec.   01. Short title; table of sections.
Sec.   02. Findings.

                          Subtitle A--Reforms

                      Part 1--Operational Reforms

Sec.   101. Basic system.
Sec.   102. Mail, express, and auto-ferry transportation.
Sec.   103. Route and service criteria.
Sec.   104. Additional qualifying routes.
Sec.   105. Transportation requested by States, authorities, and other 
              persons.
Sec.   106. Amtrak commuter.
Sec.   107. Through service in conjunction with intercity bus 
              operations.
Sec.   108. Rail and motor carrier passenger service.
Sec.   109. Passenger choice.
Sec.   110. Application of certain laws.

                          Part 2--Procurement.

Sec.   121. Contracting out.

                  Part 3--Employee Protection Reforms

Sec.   141. Railway Labor Act Procedures.
Sec.   142. Service discontinuance.

                   Part 4--Use of Railroad Facilities

Sec.   161. Liability limitation.
Sec.   162. Retention of facilities.

                   Subtitle B--Fiscal Accountability

Sec.   201. Amtrak financial goals.
Sec.   202. Independent assessment.
Sec.   203. Amtrak Reform Council.
Sec.   204. Sunset trigger.
Sec.   205. Access to records and accounts.
Sec.   206. Officers' pay.
Sec.   207. Exemption from taxes.

              Subtitle C--Authorization of Appropriations

Sec.   301. Authorization of appropriations.

                       Subtitle D--Miscellaneous

Sec.   401. Status and applicable laws.
Sec.   402. Waste disposal.
Sec.   403. Assistance for upgrading facilities.
Sec.   404. Demonstration of new technology.
Sec.   405. Program master plan for Boston-New York main line.
Sec.   406. Americans with Disabilities Act of 1990.
Sec.   407. Definitions.
Sec.   408. Northeast Corridor cost dispute.
Sec.   409. Inspector General Act of 1978 amendment.
Sec.   410. Interstate rail compacts.
Sec.   411. Composition of Amtrak board of directors.
Sec.   412. Educational participation.
Sec.   413. Report to Congress on Amtrak bankruptcy.
Sec.   414. Amtrak to notify Congress of lobbying relationships.

     SEC.  02. FINDINGS.

       The Congress finds that--
       (1) intercity rail passenger service is an essential 
     component of a national intermodal passenger transportation 
     system;
       (2) Amtrak is facing a financial crisis, with growing and 
     substantial debt obligations severely limiting its ability to 
     cover operating costs and jeopardizing its long-term 
     viability;
       (3) immediate action is required to improve Amtrak's 
     financial condition if Amtrak is to survive;
       (4) all of Amtrak's stakeholders, including labor, 
     management, and the Federal government, must participate in 
     efforts to reduce Amtrak's costs and increase its revenues;
       (5) additional flexibility is needed to allow Amtrak to 
     operate in a businesslike manner in order to manage costs and 
     maximize revenues;
       (6) Amtrak should ensure that new management flexibility 
     produces cost savings without compromising safety;
       (7) Amtrak's management should be held accountable to 
     ensure that all investment by the Federal Government and 
     State governments is used effectively to improve the quality 
     of service and the long-term financial health of Amtrak;
       (8) Amtrak and its employees should proceed quickly with 
     proposals to modify collective bargaining agreements to make 
     more efficient use of manpower and to realize cost savings 
     which are necessary to reduce Federal financial assistance;
       (9) Amtrak and intercity bus service providers should work 
     cooperatively and develop coordinated intermodal 
     relationships promoting seamless transportation services 
     which enhance travel options and increase operating 
     efficiencies;
       (10) Amtrak's Strategic Business Plan calls for the 
     establishment of a dedicated source of capital funding for 
     Amtrak in order to ensure that Amtrak will be able to fulfill 
     the goals of maintaining--
       (A) a national passenger rail system; and
       (B) that system without Federal operating assistance; and
       (11) Federal financial assistance to cover operating losses 
     incurred by Amtrak should be eliminated by the year 2002.

                          SUBTITLE A--REFORMS

                    Subtitle A--Operational Reforms

     SEC.   101. BASIC SYSTEM.

       (a) Operation of Basic System.--Section 24701 of title 49, 
     United States Code, is amended to read as follows:

     ``Sec. 24701. Operation of basic system

       ``Amtrak shall provide intercity rail passenger 
     transportation within the basic system. Amtrak shall strive 
     to operate as a national rail passenger transportation 
     system which provides access to all areas of the country 
     and ties together existing and emergent regional rail 
     passenger corridors and other intermodal passenger 
     service.''.
       (b) Improving Rail Passenger Transportation.--Section 24702 
     of title 49, United States Code, and the item relating 
     thereto in the table of sections of chapter 247 of such 
     title, are repealed.
       (c) Discontinuance.--Section 24706 of title 49, United 
     States Code, is amended--
       (1) by striking ``90 days'' and inserting ``180 days'' in 
     subsection (a)(1);
       (2) by striking ``24707(a) or (b) of this title,'' in 
     subsection (a)(1) and inserting ``discontinuing service over 
     a route,'';
       (3) by inserting ``or assume'' after ``agree to share'' in 
     subsection (a)(1); and
       (4) by striking ``section 24707(a) or (b) of this title'' 
     in subsections (a)(2) and (b)(1) and inserting ``paragraph 
     (1)''.
       (d) Cost and Performance Review.--Section 24707 of title 
     49, United States Code, and the item relating thereto in the 
     table of sections of chapter 247 of such title, are repealed.
       (e) Special Commuter Transportation.--Section 24708 of 
     title 49, United States Code, and the item relating thereto 
     in the table of sections of chapter 247 of such title, are 
     repealed.
       (f) Conforming Amendment.--Section 24312(a)(1) of title 49, 
     United States Code, is amended by striking ``, 24701(a),''.

     SEC.    102. MAIL, EXPRESS, AND AUTO-FERRY TRANSPORTATION.

       (a) Repeal.--Section 24306 of title 49, United States Code, 
     is amended--
       (1) by striking the last sentence of subsection (a);
       (2) by striking subsection (b) and inserting the following:
       ``(b) Authority of Others to Provide auto-ferry 
     Transportation.--State and local laws and regulations that 
     impair the provision of auto-ferry transportation do not 
     apply to Amtrak or a rail carrier providing auto-ferry 
     transportation. A rail carrier may not refuse to participate 
     with Amtrak in providing auto-ferry transportation because a 
     State or local law or regulation makes the transportation 
     unlawful.''.

     SEC.   103. ROUTE AND SERVICE CRITERIA.

       Section 24703 of title 49, United State Code, and the item 
     relating thereto in the table of sections of chapter 247 of 
     such title, are repealed.

     SEC.   104. ADDITIONAL QUALIFYING ROUTES.

       Section 24705 of title 49, United State Code, and the item 
     relating thereto in the table of sections of chapter 247 of 
     such title, are repealed.

     SEC.   105. TRANSPORTATION REQUESTED BY STATES, AUTHORITIES, 
                   AND OTHER PERSONS.

       Section 24101(c)(2) of title 49, United States Code, is 
     amended by inserting ``, separately or in combination,'' 
     after ``and the private sector''.

     SEC.   106. AMTRAK COMMUTER.

       (a) Repeal of Chapter 245.--Chapter 245 of title 49, United 
     States Code, and the item relating thereto in the table of 
     chapters of subtitle V of such title, are repealed.
       (B) Conforming Amendment.--Section 24301(f) of title 49, 
     United States Code, is amended to read as follows:
       ``(f) Tax Exemption for Certain Commuter Authorities.--A 
     commuter authority that was eligible to make a contract with 
     Amtrak Commuter to provide commuter rail passenger 
     transportation but which decided to provide its own rail 
     passenger transportation beginning January 1, 1983, is 
     exempt, effective October 1, 1981, from paying a tax or fee 
     to the same extent Amtrak is exempt.''.
       (c) Trackage Rights Not Affected.--The repeal of chapter 
     245 of title 49, United States Code, by subsection (a) of 
     this section is without prejudice to the retention of 
     trackage rights over property owned or leased by commuter 
     authorities.

     SEC.   107. THROUGH SERVICE IN CONJUNCTION WITH INTERCITY BUS 
                   OPERATIONS.

       (a) In General.--Section 24305(a) of title 49, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(3)(A) Except as provided in subsection (d)(2), Amtrak 
     may enter into a contract with a motor carrier of passengers 
     for the intercity transportation of passengers by motor 
     carrier over regular routes only--
       ``(i) if the motor carrier is not a public recipient of 
     governmental assistance, as such term is defined in section 
     13902(b)(8)(A) of this title, other than a recipient of funds 
     under section 5311 of this title;
       ``(ii) for passengers who have had prior movement by rail 
     or will have subsequent movement by rail; and
       ``(iii) if the buses, when used in the provision of such 
     transportation, are used exclusively for the transportation 
     of passengers described in clause (ii).
       ``(B) Subparagraph (A) shall not apply to transportation 
     funded predominantly by a

[[Page S10969]]

     State or local government, or to ticket selling 
     agreements.''.
       (b) Policy Statement.--Section 24305(d) of title 49, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(3) Congress encourages Amtrak and motor common carriers 
     of passengers to use the authority conferred in section 
     11342(a) of this title for the purpose of providing improved 
     service to the public and economy of operation.''.

     SEC. 108. RAIL AND MOTOR CARRIER PASSENGER SERVICE.

       (a) In General.--Notwithstanding any other provision of law 
     (other than section 24305(a) of title 49, United States 
     Code), Amtrak and motor carriers of passengers are 
     authorized--
       (1) to combine or package their respective services and 
     facilities to the public as a means of increasing revenues; 
     and
       (2) to coordinate schedules, routes, rates, reservations, 
     and ticketing to provide for enhanced intermodal surface 
     transportation.
       (b) Review.--The authority granted by subsection (a) is 
     subject to review by the Surface Transportation Board and may 
     be modified or revoked by the Board if modification or 
     revocation is in the public interest.

     SEC. 109. PASSENGER CHOICE.

       Federal employees are authorized to travel on Amtrak for 
     official business where total travel cost from office to 
     office is competitive on a total trip or time basis.

     SEC. 110. APPLICATION OF CERTAIN LAWS.

       (a) Application of FOIA.--Section 24301(e) of title 49, 
     United States Code, is amended by adding at the end thereof 
     the following: ``Section 552 of title 5, United States Code, 
     applies to Amtrak for any fiscal year in which Amtrak 
     receives a Federal subsidy.''.
       (b) Application of Federal Property and Administrative 
     Services Act.--Section 303B(m) of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 3253b(m)) 
     applies to a proposal in the possession or control of Amtrak.

                        Subtitle B--Procurement

     SEC. 121. CONTRACTING OUT.

       (a) Contracting Out Reform.--Effective 180 days after the 
     date of enactment of this Act, section 24312 of title 49, 
     United States Code, is amended--
       (1) by striking the paragraph designation for paragraph (1) 
     of subsection (a);
       (2) by striking ``(2)'' in subsection (a)(2) and inserting 
     ``(b)''; and
       (3) by striking subsection (b).

     The amendment made by paragraph (3) is without prejudice to 
     the power of Amtrak to contract out the provision of food and 
     beverage services on board Amtrak trains or to contract out 
     work not resulting in the layoff of Amtrak employees.
       (b) Notices.--Notwithstanding any arrangement in effect 
     before the date of the enactment of this Act, notices under 
     section 6 of the Railway Labor Act (45 U.S.C. 156) with 
     respect to all issues relating to contracting out by Amtrak 
     of work normally performed by an employee in a bargaining 
     unit covered by a contract between Amtrak and a labor 
     organization representing Amtrak employees, which are 
     applicable to employees of Amtrak shall be deemed served and 
     effective on the date which is 45 days after the date of the 
     enactment of this Act. Amtrak, and each affected labor 
     organization representing Amtrak employees, shall promptly 
     supply specific information and proposals with respect to 
     each such notice. This subsection shall not apply to issues 
     relating to provisions defining the scope or classification 
     of work performed by an Amtrak employee. The issue for 
     negotiation under this paragraph does not include the 
     contracting out of work involving food and beverage services 
     provided on Amtrak trains or the contracting out of work not 
     resulting in the layoff of Amtrak employees.
       (c) National Mediation Board Efforts.--Except as provided 
     in subsection (d), the National Mediation Board shall 
     complete all efforts, with respect to the dispute described 
     in subsection (b), under section 5 of the Railway Labor Act 
     (45 U.S.C. 155) not later than 120 days after the date of the 
     enactment of this Act.
       (d) Railway Labor Act Arbitration.--The parties to the 
     dispute described in subsection (b) may agree to submit the 
     dispute to arbitration under section 7 of the Railway Labor 
     Act (45 U.S.C. 157), and any award resulting therefrom shall 
     be retroactive to the date which is 120 days after the date 
     of the enactment of this Act.
       (e) Dispute Resolution.--
       (1) With respect to the dispute described in subsection (b) 
     which--
       (A) is unresolved as of the date which is 120 days after 
     the date of the enactment of this Act; and
       (B) is not submitted to arbitration as described in 
     subsection (d),

     Amtrak shall, and the labor organizations that are parties to 
     such dispute shall, within 127 days after the date of the 
     enactment of this Act, each select an individual from the 
     entire roster of arbitrators maintained by the National 
     Mediation Board. Within 134 days after the date of the 
     enactment of this Act, the individuals selected under the 
     preceding sentence shall jointly select an individual from 
     such roster to make recommendations with respect to such 
     dispute under this subsection. If the National Mediation 
     Board is not informed of the selection of the individual 
     under the preceding sentence 134 days after the date of 
     enactment of this Act, the Board will immediately select 
     such individual.
       (2) No individual shall be selected under paragraph (1) who 
     is pecuniarily or otherwise interested in any organization of 
     employees or any railroad or who is selected pursuant to 
     section 141(d) of this Act.
       (3) This compensation of individuals selected under 
     paragraph (1) shall be fixed by the National Mediation Board. 
     The second paragraph of section 10 of the Railway Labor Act 
     (45 U.S.C. 160) shall apply to the expenses of such 
     individuals as if such individuals were members of a board 
     created under such section 10.
       (4) If the parties to a dispute described in subsection (b) 
     fail to reach agreement within 150 days after the date of the 
     enactment of this Act, the individual selected under 
     paragraph (1) with respect to such dispute shall make 
     recommendations to the parties proposing contract terms to 
     resolve the dispute.
       (5) If the parties to a dispute described in subsection (b) 
     fail to reach agreement, no change shall be made by either of 
     the parties in the conditions out of which the dispute arose 
     for 30 days after recommendations are made under paragraph 
     (4).
       (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) 
     shall not apply to a dispute described in subsection (b).
       (f) No Precedent for Freight.--Nothing in this section 
     shall be a precedent for the resolution of any dispute 
     between a freight railroad and any labor organization 
     representing that railroad's employees.

                Subtitle C--Employee Protection Reforms

     SEC.  141. RAILWAY LABOR ACT PROCEDURES.

       (a) Notices.--Notwithstanding any arrangement in effect 
     before the date of the enactment of this Act, notices under 
     section 6 of the Railway Labor Act (45 U.S.C. 156) with 
     respect to all issues relating to employee protective 
     arrangements and severance benefits which are applicable to 
     employees of Amtrak, including all provisions of Appendix C-2 
     to the National Railroad Passenger Corporation Agreement, 
     signed July 5, 1973, shall be deemed served and effective on 
     the date which is 45 days after the date of the enactment of 
     this Act. Amtrak, and each affected labor organization 
     representing Amtrak employees, shall promptly supply specific 
     information and proposals with respect to each such notice.
       (b) National Mediation Board Efforts.--Except as provided 
     in subsection (c), the National Mediation Board shall 
     complete all efforts, with respect to the dispute described 
     in subsection (a), under section 5 of the Railway Labor Act 
     (45 U.S.C. 155) not later than 120 days after the date of the 
     enactment of this Act.
       (c) Railway Labor Act Arbitration.--The parties to the 
     dispute described in subsection (a) may agree to submit the 
     dispute to arbitration under section 7 of the Railway Labor 
     Act (45 U.S.C. 157), and any award resulting therefrom shall 
     be retroactive to the date which is 120 days after the date 
     of the enactment of this Act.
       (d) Dispute Resolution.--
       (1) With respect to the dispute described in subsection (a) 
     which
       (A) is unresolved as of the date which is 120 days after 
     the date of the enactment of this Act; and
       (B) is not submitted to arbitration as described in 
     subsection (c), Amtrak shall, and the labor organization 
     parties to such dispute shall, within 127 days after the date 
     of the enactment of this Act, each select an individual from 
     the entire roster of arbitrators maintained by the National 
     Mediation Board. Within 134 days after the date of the 
     enactment of this Act, the individuals selected under the 
     preceding sentence shall jointly select an individual from 
     such roster to make recommendations with respect to such 
     dispute under this subsection. If the National Mediation 
     Board is not informed of the selection under the preceding 
     sentence 134 days after the date of enactment of this Act, 
     the Board will immediately select such individual.
       (2) No individual shall be selected under paragraph (1) who 
     is pecuniarily or otherwise interested in any organization of 
     employees or any railroad or who is selected pursuant to 
     section 121(e) of this Act.
       (3) The compensation of individuals selected under 
     paragraph (1) shall be fixed by the National Mediation Board. 
     The second paragraph of section 10 of the Railway Labor Act 
     shall apply to the expenses of such individuals as if such 
     individuals were members of a board created under such 
     section 10.
       (4) If the parties to a dispute described in subsection (a) 
     fail to reach agreement within 150 days after the date of the 
     enactment of this Act, the individual selected under 
     paragraph (1) with respect to such dispute shall make 
     recommendations to the parties proposing contract terms to 
     resolve the dispute.
       (5) If the parties to a dispute described in subsection (a) 
     fail to reach agreement, no change shall be made by either of 
     the parties in the conditions out of which the dispute arose 
     for 30 days after recommendations are made under paragraph 
     (4).
       (6) Section 10 of the Railway Labor Act (45 U.S.C. 160) 
     shall not apply to a dispute described in subsection (a).

     SEC.   142. SERVICE DISCONTINUANCE.

       (a) Repeal.--Section 24706(c) of title 49, United States 
     Code, is repealed.
       (b) Existing Contracts.--Any provision of a contract 
     entered into before the date of the enactment of this Act 
     between Amtrak and a labor organization representing Amtrak 
     employees relating to employee protective arrangements and 
     severance benefits applicable to employees of Amtrak is 
     extinguished,

[[Page S10970]]

     including all provisions of Appendix C-2 to the National 
     Railroad Passenger Corporation Agreement, signed July 5, 
     1973.
       (c) Special Effective Date.--Subsections (a) and (b) of 
     this section shall take effect 180 days after the date of the 
     enactment of this Act.
       (d) Nonapplication of Bankruptcy Law Provision.--Section 
     1172(c) of title 11, United States Code, shall not apply to 
     Amtrak and its employees.

                 Subtitle D--Use of Railroad Facilities

     SEC.   161. LIABILITY LIMITATION.

       (a) Amendment.--Chapter 281 of title 49, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 28103. Limitations on rail passenger transportation 
       liability

       ``(a) Limitations.--
       ``(1) Notwithstanding any other statutory or common law or 
     public policy, or the nature of the conduct giving rise to 
     damages or liability, a contract between Amtrak and its 
     passengers or private railroad car operators and their 
     passengers regarding claims for personal injury, death, or 
     damage to property arising from or in connection with the 
     provision of rail passenger transportation, or from or in 
     connection with any operations over or use of right-of-way or 
     facilities owned, leased, or maintained by Amtrak, or from or 
     in connection with any rail passenger transportation 
     operations over or rail passenger transportation use of 
     right-of-way or facilities owned, leased, or maintained by 
     any high-speed railroad authority or operator, any commuter 
     authority or operator, or any rail carrier shall be 
     enforceable if--
       ``(A) punitive or exemplary damages, where permitted, are 
     not limited to less than 2 times compensatory damages awarded 
     to any claimant by any State or Federal court or 
     administrative agency, or in any arbitration proceeding, or 
     in any other forum or $250,000, whichever is greater; and
       ``(B) passengers are provided adequate notice of any such 
     contractual limitation or waiver or choice of forum.
       ``(2) For purposes of this subsection, the term `claim' 
     means a claim made directly or indirectly--
       ``(A) against Amtrak, any high-speed railroad authority or 
     operator, any commuter authority or operator, or any rail 
     carrier or private rail car operators; or
       ``(B) against an affiliate engaged in railroad operations, 
     officer, employee, or agent of, Amtrak, any high-speed 
     railroad authority or operator, any commuter authority or 
     operator, or any rail carrier.
       ``(3) Notwithstanding paragraph (1)(A), in any case in 
     which death was caused, the law of the place where the act or 
     omission complained of occurred provides, or has been 
     construed to provide, for damages only punitive in nature, a 
     claimant may recover in a claim limited by this subsection 
     for actual or compensatory damages measured by the pecuniary 
     injuries, resulting from such death, to the persons for whose 
     benefit the action was brought, subject to the provisions of 
     paragraph (1).
       ``(b) Indemnification Obligation.--Obligations of any 
     party, however arising, including obligations arising under 
     leases or contracts or pursuant to orders of an 
     administrative agency, to indemnify against damages or 
     liability for personal injury, death, or damage to property 
     described in subsection (a), incurred after the date of the 
     enactment of the Amtrak Reform and Accountability Act of 
     1997, shall be enforceable, notwithstanding any other 
     statutory or common law or public policy, or the nature of 
     the conduct giving rise to the damages or liability.''.
       (e) Conforming Amendment.--The table of sections of chapter 
     281 of title 49, United States Code, is amended by adding at 
     the end the following new item:

``28103. Limitations on rail passenger transportation liability.''.

     SEC.    162. RETENTION OF FACILITIES.

       Section 24309(b) of title 49, United States Code, is 
     amended by inserting ``or on January 1, 1997,'' after 
     ``1979,''.

                   SUBTITLE B--FISCAL ACCOUNTABILITY

     SEC.    201. AMTRAK FINANCIAL GOALS.

       Section 24101(d) of title 49, United States Code, is 
     amended by adding at the end thereof the following: ``Amtrak 
     shall prepare a financial plan to operate within the funding 
     levels authorized by section 24104 of this chapter, including 
     budgetary goals for fiscal years 1998 through 2002. 
     Commencing no later than the fiscal year following the fifth 
     anniversary of the Amtrak Reform and Accountability Act of 
     1997, Amtrak shall operate without Federal operating grant 
     funds appropriated for its benefit.''.

     SEC.   202. INDEPENDENT ASSESSMENT.

       (a) Initiation.--Not later than 15 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     contract with an entity independent of Amtrak and not in any 
     contractual relationship with Amtrak and of the Department of 
     Transportation to conduct a complete independent assessment 
     of the financial requirements of Amtrak through fiscal year 
     2002. The entity shall have demonstrated knowledge about 
     railroad industry accounting requirements, including the 
     uniqueness of the industry and of Surface Transportation 
     Board accounting requirements. The Department of 
     Transportation, Office of Inspector General, shall approve 
     the entity's statement of work and the award and shall 
     oversee the contract. In carrying out its responsibilities 
     under the preceding sentence, the Inspector General's Office 
     shall perform such overview and validation or verification of 
     data as may be necessary to assure that the assessment 
     conducted under this subsection meets the requirements of 
     this section.
       (b) Assessment Criteria.--The Secretary and Amtrak shall 
     provide to the independent entity estimates of the financial 
     requirements of Amtrak for the period described above, using 
     as a base the fiscal year 1997 appropriation levels 
     established by the Congress. The independent assessment shall 
     be based on an objective analysis of Amtrak's funding needs.
       (c) Certain Factors To Be Taken into Account.--The 
     independent assessment shall take into account all relevant 
     factors, including Amtrak's--
       (1) cost allocation process and procedures;
       (2) expenses related to intercity rail passenger service, 
     commuter service, and any other service Amtrak provides;
       (3) Strategic Business Plan, including Amtrak's projected 
     expenses, capital needs, ridership, and revenue forecasts; 
     and
       (4) Amtrak's assets and liabilities.
       For purposes of paragraph (3), in the capital needs part of 
     its Strategic Business Plan Amtrak shall distinguish between 
     that portion of the capital required for the Northeast 
     corridor and that required outside the Northeast corridor, 
     and shall include rolling stock requirements, including 
     capital leases, ``state of good repair'' requirements, and 
     infrastructure improvements.
       (d) Deadline.--The independent assessment shall be 
     completed not later than 180 days after the contract is 
     awarded, and shall be submitted to the Council established 
     under section 203, the Secretary of Transportation, the 
     Committee on Commerce, Science, and Transportation of the 
     United States Senate, and the Committee on Transportation and 
     Infrastructure of the United States House of Representatives.

     SEC.   203. AMTRAK REFORM COUNCIL.

       (a) Establishment.--There is established an independent 
     commission to be known as the Amtrak Reform Council.
       (b) Membership.--
       (1) In general.--The Council shall consist of 11 members, 
     as follows:
       (A) The Secretary of Transportation.
       (B) Two individuals appointed by the President, of which--
       (i) one shall be a representative of a rail labor 
     organization; and
       (ii) one shall be a representative of rail management.
       (C) Three individuals appointed by the Majority Leader of 
     the United States Senate.
       (D) One individual appointed by the Minority Leader of the 
     United States Senate.
       (E) Three individuals appointed by the Speaker of the 
     United States House of Representatives.
       (F) One individual appointed by the Minority Leader of the 
     United States House of Representatives.
       (2) Appointment Criteria.--
       (A) Time for initial appointments.--Appointments under 
     paragraph (1) shall be made within 30 days after the date of 
     enactment of this Act.
       (B) Expertise.--Individuals appointed under subparagraphs 
     (C) through (F) of paragraph (1)--
       (i) may not be employees of the United States;
       (ii) may not be board members or employees of Amtrak;
       (iii) may not be representatives of rail labor 
     organizations or rail management; and
       (iv) shall have technical qualifications, professional 
     standing, and demonstrated expertise in the field of 
     corporate management, finance, rail or other transportation 
     operations, labor, economics, or the law, or other areas of 
     expertise relevant to the Council.
       (3) Term.--Members shall serve for terms of 5 years. If a 
     vacancy occurs other than by the expiration of a term, the 
     individual appointed to fill the vacancy shall be appointed 
     in the same manner as, and shall serve only for the unexpired 
     portion of the term for which, that individual's predecessor 
     was appointed.
       (4) Chairman.--The Council shall elect a chairman from 
     among its membership within 15 days after the earlier of--
       (A) the date on which all members of the Council have been 
     appointed under paragraph (2)(A); or
       (B) 45 days after the date of enactment of this Act.
       (4) Majority required for action.--A majority of the 
     members of the Council present and voting is required for the 
     Council to take action. No person shall be elected chairman 
     of the Council who receives fewer than 5 votes.
       (c) Administrative Support.--The Secretary of 
     Transportation shall provide such administrative support to 
     the Council as it needs in order to carry out its duties 
     under this section.
       (d) Travel Expenses.--Each member of the Council shall 
     serve without pay, but shall receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     section 5702 and 5703 of title 5, United States Code.
       (e) Meetings.--Each meeting of the Council, other than a 
     meeting at which proprietary information is to be discussed, 
     shall be open to the public.
       (f) Access to Information.--Amtrak shall make available to 
     the Council all information the Council requires to carry out 
     its duties under this section. The Council shall establish 
     appropriate procedures to ensure against the public 
     disclosure of any information obtained under this subsection 
     that is a

[[Page S10971]]

     trade secret or commercial or financial information that is 
     privileged or confidential.
       (g) Duties.--
       (1) Evaluation and Recommendation.--The Council--
       (A) shall evaluate Amtrak's performance; and
       (B) make recommendations to Amtrak for achieving further 
     cost containment and productivity improvements, and financial 
     reforms.
       (2) Specific Considerations.--In making its evaluation and 
     recommendations under paragraph (1), the Council take 
     consider all relevant performance factors, including--
       (A) Amtrak's operation as a national passenger rail system 
     which provides access to all regions of the country and ties 
     together existing and emerging rail passenger corridors;
       (B) appropriate methods for adoption of uniform cost and 
     accounting procedures throughout the Amtrak system, based on 
     generally accepted accounting principles; and
       (C) management efficiencies and revenue enhancements, 
     including savings achieved through labor and contracting 
     negotiations.
       (h) Annual Report.--Each year before the fifth anniversary 
     of the date of enactment of this Act, the Council shall 
     submit to the Congress a report that includes an assessment 
     of Amtrak's progress on the resolution or status of 
     productivity issues; and makes recommendations for 
     improvements and for any changes in law it believes to be 
     necessary or appropriate.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Council such sums as may be 
     necessary to enable the Council to carry out its duties.

     SEC.--204. SUNSET TRIGGER.

       (a) In General.--If at any time more than 2 years after the 
     date of enactment of this Act and implementation of the 
     financial plan referred to in section 201 of Amtrak Reform 
     Council finds that--
       (1) Amtrak's business performance will prevent it from 
     meeting the financial goals set forth in section 201; or
       (2) Amtrak will require operating grant funds after the 
     fifth anniversary of the date of enactment of this Act, then

     the Council shall immediately notify the President, the 
     Committee on Commerce, Science, and Transportation of the 
     United States Senate; and the Committee on Transportation and 
     Infrastructure of the United States House of Representatives.
       (b) Factors Considered.--In making a finding under 
     subsection (a), the Council shall take into account--
       (1) Amtrak's performance;
       (2) the findings of the independent assessment conducted 
     under section 202;
       (3) the level of Federal funds made available for carrying 
     out the financial plan referred to in section 201; and
       (4) Acts of God, national emergencies, and other events 
     beyond the reasonable control of Amtrak.
       (c) Action Plan.--
       (1) Development of Plans.--Within 90 days after the Council 
     makes a finding under subsection (a)--
       (A) it shall develop and submit to the Congress an action 
     plan for a restructured and rationalized national intercity 
     rail passenger system; and
       (B) Amtrak shall develop and submit to the Congress an 
     action plan for the complete liquidation of Amtrak, after 
     having the plan reviewed by the Inspector General of the 
     Department of Transportation and the General Accounting 
     Office for accuracy and reasonableness.
       (2) Congressional Action or Inaction.--If within 90 days 
     after receiving the plans submitted under paragraph (1), an 
     Act to implement a restructured and rationalized intercity 
     rail passenger system does not become law, then Amtrak shall 
     implement the liquidation plan developed under paragraph 
     (1)(B) after such modification as may be required to reflect 
     the recommendations, if any, of the Inspector General of the 
     Department of Transportation and the General Accounting 
     Office.

     SEC. 205. ACCESS TO RECORDS AND ACCOUNTS.

       Section 24315 of title 49, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(h) Access to Records and Accounts.--A State shall have 
     access to Amtrak's records, accounts, and other necessary 
     documents used to determine the amount of any payment to 
     Amtrak required of the State.''.

     SEC.   206. OFFICERS' PAY.

       Section 24303(b) of title 49, United States Code, is 
     amended by adding at the end the following: ``The preceding 
     sentence shall not apply for any fiscal year for which no 
     Federal assistance is provided to Amtrak.''.

     SEC.   207. EXEMPTION FROM TAXES.

       (a) In General.--Subsection (l) of section 24301 of title 
     49, United States Code, is amended--
       (1) by striking so much of paragraph (1) as precedes 
     ``exempt'' and inserting the following:
       ``(1) In general.--Amtrak, a rail carrier subsidiary of 
     Amtrak, and any passenger or other customer of Amtrak or such 
     subsidiary, are'';
       (2) by striking ``tax or fee imposed'' in paragraph (1) and 
     all that follows through ``levied on it'' and inserting 
     ``tax, fee, head charge, or other charge, imposed or levied 
     by a State, political subdivision, or local taxing authority 
     on Amtrak, a rail carrier subsidiary of Amtrak, or on persons 
     traveling in intercity rail passenger transportation or on 
     mail or express transportation provided by Amtrak or such a 
     subsidiary, or on the carriage of such persons, mail, or 
     express, or on the sale of any such transportation, or on the 
     gross receipts derived therefrom'';
       (3) by striking the last sentence of paragraph (1);
       (4) by striking ``(2) The'' in paragraph (2) and inserting 
     ``(3) Jurisdiction of United States District Courts.--The''; 
     and
       (5) by inserting after paragraph (1) the following:
       ``(2) Phase-in of exemption for certain existing taxes and 
     fees.--
       ``(A) Years before 2000.--Notwithstanding paragraph (1), 
     Amtrak is exempt from a tax or fee referred to in paragraph 
     (1) that Amtrak was required to pay as of September 10, 1982, 
     during calendar years 1997 through 1999, only to the extent 
     specified in the following table:

                         Phase-in of Exemption


        Year of assessment                      Percentage of exemption
1997.................................................................40
1998.................................................................60
1999.................................................................80
2000 and later years................................................100
       ``(B) Taxes assessed after March, 1999.--Amtrak shall be 
     exempt from any tax or fee referred to in subparagraph (A) 
     that is assessed on or after April 1, 1999.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     do not apply to sales taxes imposed on intrastate travel as 
     of the date of enactment of this Act.

              SUBTITLE C--AUTHORIZATION OF APPROPRIATIONS

     SEC.   301. AUTHORIZATION OF APPROPRIATIONS.

       Section 24104(a) of title 49, United States Code, is 
     amended to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary of Transportation--
       ``(1) $1,138,000,000 for fiscal year 1998;
       ``(2) $1,058,000,000 for fiscal year 1999;
       ``(3) $1,023,000,000 for fiscal year 2000;
       ``(4) $989,000,000 for fiscal year 2001; and
       ``(5) $955,000,000 for fiscal year 2002, for the benefit of 
     Amtrak for capital expenditures under chapters 243 and 247 
     of this title, operating expenses, and payments described 
     in subsection (c)(1)(A) through (C). In fiscal years 
     following the fifth anniversary of the enactment of the 
     Amtrak Reform and Accountability Act of 1997 no funds 
     authorized for Amtrak shall be used for operating expenses 
     other than those prescribed for tax liabilities under 
     section 3221 of the Internal Revenue Code of 1986 that are 
     more than the amount needed for benefits of individuals 
     who retire from Amtrak and for their beneficiaries.''.

                       SUBTITLE D--MISCELLANEOUS

     SEC.--401. STATUS AND APPLICABLE LAWS.

       Section 24301 of title 49, United States Code, is amended--
       (1) by striking ``rail carrier under section 10102'' in 
     subsection (a)(1) and inserting ``railroad carrier under 
     section 20102(2) and chapters 261 and 281''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Application of Subtitle IV.--Subtitle IV of this 
     title shall not apply to Amtrak, except for sections 11301, 
     11322(a), 11502 (a) and (d), and 11706. Notwithstanding the 
     preceding sentence, Amtrak shall continue to be considered an 
     employer under the Railroad Retirement Act of 1974, the 
     Railroad Unemployment Insurance Act, and the Railroad 
     Retirement Tax Act.''.

     SEC.--402. WASTE DISPOSAL.

       Section 24301(m)(1)(A) of title 49, United States Code, is 
     amended by striking ``1996'' and inserting ``2001''.

     SEC.--403. ASSISTANCE FOR UPGRADING FACILITIES.

       Section 24310 of title 49, United States Code, and the item 
     relating thereto in the table of sections of chapter 243 of 
     such title, are repealed.

     SEC.--404. DEMONSTRATION OF NEW TECHNOLOGY.

       Section 24314 of title 49, United States Code, and the item 
     relating thereto in the table of sections for chapter 243 of 
     that title, are repealed.

     SEC.--405. PROGRAM MASTER PLAN FOR BOSTON-NEW YORK MAIN LINE.

       (a) Repeal.--Section 24903 of title 49, United States Code, 
     is repealed and the table of sections for chapter 249 of such 
     title is amended by striking the item relating to that 
     section.
       (b) Conforming Amendments.--
       (1) Section 24902 of title 49, United States Code is 
     amended by striking subsections (a), (c), and (d) and 
     redesignating subsection (b) as subsection (a) and 
     subsections (e) through (m) as subsections (b) through (j), 
     respectively.
       (2) Section 24904(a)(8) is amended by striking ``the high-
     speed rail passenger transportation area specified in section 
     24902(a)(1) and (2)'' and inserting ``a high-speed rail 
     passenger transportation area''.

     SEC.--406. AMERICANS WITH DISABILITIES ACT OF 1990.

       (a) Application to Amtrak.--
       (1) Access improvements at certain shared stations.--Amtrak 
     is responsible for its share, if any, of the costs of 
     accessibility improvements at any station jointly used by 
     Amtrak and a commuter authority.
       (2) Certain requirements not to apply until 1998.--Amtrak 
     shall not be subject to

[[Page S10972]]

     any requirement under subsection (a)(1), (a)(3), or (e)(2) of 
     section 242 of the Americans With Disabilities Act of 1990 
     (42 U.S.C. 12162) until January 1, 1998.
       (b) Conforming Amendment.--Section 24307 of title 49, 
     United States Code, is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsection (c) as subsection (b).

     SEC.--407. DEFINITIONS.

       Section 24102 of title 49, United States Code, is amended--
       (1) by striking paragraphs (2) and (11);
       (2) by redesignating paragraphs (3) through (10) as 
     paragraphs (2) through (9), respectively; and
       (3) by inserting ``, including a unit of State or local 
     government,'' after ``means a person'' in paragraph (7), as 
     so redesignated.

     SEC.--408. NORTHEAST CORRIDOR COST DISPUTE.

       Section 1163 of the Northeast Rail Service Act of 1981 (45 
     U.S.C. 1111) is repealed.

     SEC.--409. INSPECTOR GENERAL ACT OF 1978 AMENDMENT

       (a) Amendment.--
       (1) In general.--Section 8G(a)(2) of the Inspector General 
     Act of 1978 (5 U.S.C. App.) is amended by striking 
     ``Amtrak,''.
       (2) Effective date.--The amendment made by paragraph (1) 
     takes effect in the first fiscal year for which Amtrak 
     receives no Federal subsidy.
       (b) Amtrak Not Federal Entity.--Amtrak shall not be 
     considered a Federal entity for purposes of the Inspector 
     General Act of 1978. The proceeding sentence shall apply for 
     any fiscal year for which Amtrak receives no Federal 
     subsidy.
       (c) Federal Subsidy.--
       (1) Assessment.--In any fiscal year for which Amtrak 
     requests Federal assistance, the Inspector General of the 
     Department of Transportation shall review Amtrak's operations 
     and conduct an assessment similar to the assessment required 
     by section 202(a). The Inspector General shall report the 
     results of the review and assessment to--
       (A) the President of Amtrak;
       (B) the Secretary of Transportation;
       (C) the United States Senate Committee on Appropriations;
       (D) the United States Senate Committee on Commerce, 
     Science, and Transportation;
       (E) the United States House of Representatives Committee on 
     Appropriations;
       (F) the United States House of Representatives Committee on 
     Transportation and Infrastructure.
       (2) Report.--The report shall be submitted, to the extent 
     practicable, before any such committee reports legislation 
     authorizing or appropriating funds for Amtrak for capital 
     acquisition, development, or operating expenses.
       (3) Special effective date.--This subsection takes effect 1 
     year after the date of enactment of this Act.

     SEC.--410. INTERSTATE RAIL COMPACTS.

       (a) Consent to Compacts.--Congress grants consent to States 
     with an interest in a specific form, route, or corridor of 
     intercity passenger rail service (including high speed rail 
     service) to enter into interstate compacts to promote the 
     provision of the service, including--
       (1) retaining an existing service or commencing a new 
     service;
       (2) assembling rights-of-way; and
       (3) performing capital improvements, including--
       (A) the construction and rehabilitation of maintenance 
     facilities;
       (B) the purchase of locomotives; and
       (C) operational improvements, including communications, 
     signals, and other systems.
       (b) Financing.--An interstate compact established by States 
     under subsection (a) may provide that, in order to carry out 
     the compact, the States may--
       (1) accept contributions from a unit of State or local 
     government or a person;
       (2) use any Federal or State funds made available for 
     intercity passenger rail service (except funds made available 
     for the National Railroad Passenger Corporation);
       (3) on such terms and conditions as the States consider 
     advisable--
       (A) borrow money on a short-term basis and issue notes for 
     the borrowing; and
       (B) issue bonds; and
       (4) obtain financing by other means permitted under Federal 
     or State law.
       (c) Eligible Projects.--Section 133(b) of title 23, United 
     States Code, is amended by striking ``and publicly owned 
     intracity or intercity bus terminals and facilities.'' in 
     paragraph (2) and inserting ``facilities, including vehicles 
     and facilities, publicly or privately owned, that are used to 
     provide intercity passenger service by bus or rail, or a 
     combination of both.''.
       (d) Eligibility of Passenger Rail Under Congestion 
     Mitigation and Air Quality Improvement Program.--The first 
     sentence of section 149(b) of title 23, United States Code, 
     is amended--
       (1) by striking ``or'' at the end of paragraph (3);
       (2) by striking ``standard.'' in paragraph (4) and 
     inserting ``standard; or''
       (3) by inserting after paragraph (4) the following:
       ``(5) if the project or program will have air quality 
     benefits through construction of and operational improvements 
     for intercity passenger rail facilities, operation of 
     intercity passenger rail trains, and acquisition of rolling 
     stock for intercity passenger rail service, except that not 
     more than 50 percent of the amount received by a State for a 
     fiscal year under this paragraph may be obligated for 
     operating support.''.
       (e) Eligibility of Passenger Rail as National Highway 
     System Project.--Section 103(i) of title 23, United States 
     Code, is amended by adding at the end thereof the following:
       ``(14) Construction, reconstruction, and rehabilitation of, 
     and operational improvements for, intercity rail passenger 
     facilities (including facilities owned by the National 
     Railroad Passenger Corporation), operation of intercity rail 
     passenger trains, and acquisition or reconstruction of 
     rolling stock for intercity rail passenger service, except 
     that not more than 50 percent of the amount received by a 
     State for a fiscal year under this paragraph may be obligated 
     for operation.''.

     SEC. 411. COMPOSITION OF AMTRAK BOARD OF DIRECTORS.

       Section 24302(a) of title 49, United States Code, is 
     amended--
       (1) by striking ``3'' in paragraph (1)(C) and inserting 
     ``4'';
       (2) by striking clauses (i) and (ii) of paragraph (1)(C) 
     and inserting the following:
       ``(i) one individual selected as a representative of rail 
     labor in consultation with affected labor organizations.
       ``(ii) one chief executive officer of a State, and one 
     chief executive officer of a municipality, selected from 
     among the chief executive officers of State and 
     municipalities with an interest in rail transportation, each 
     of whom may select an individual to act as the officer's 
     representative at board meetings.'';
       (4) by striking subparagraphs (D) and (E) of paragraph (1);
       (5) by inserting after subparagraph (C) the following:
       ``(D) 3 individuals appointed by the President of the 
     United States, as follows:
       ``(i) one individual selected as a representative of a 
     commuter authority, (as defined in section 102 of the 
     Regional Rail Reorganization Act of 1973 (45 U.S.C. 702) that 
     provides its own commuter rail passenger transportation or 
     makes a contract with an operator, in consultation with 
     affected commuter authorities.
       ``(ii) one individual with technical expertise in finance 
     and accounting principles.
       ``(iii) one individual selected as a representative of the 
     general public.''; and
       (6) by striking paragraph (6) and inserting the following:
       ``(6) The Secretary may be represented at a meeting of the 
     Board by his designate.''.
       The amendments made by this section shall not affect the 
     term of any sitting director as of the date of enactment.

     SEC. 412. EDUCATIONAL PARTICIPATION.

       Amtrak shall participate in educational efforts with 
     elementary and secondary schools to inform students on the 
     advantages of rail travel and the need for rail safety.

     SEC. 413. REPORT TO CONGRESS ON AMTRAK BANKRUPTCY.

       Within 120 days after the date of enactment of this Act, 
     the Comptroller General shall submit a report identifying 
     financial and other issues associated with an Amtrak 
     bankruptcy to the United States Senate Committee on Commerce, 
     Science, and Transportation and to the United States House of 
     Representatives Committee on Transportation and 
     Infrastructure. The report shall include an analysis of the 
     implications of such a bankruptcy on the Federal government, 
     Amtrak's creditors, and the Railroad Retirement System.

     SEC. 414. AMTRAK TO NOTIFY CONGRESS OF LOBBYING 
                   RELATIONSHIPS.

       If, at any time, Amtrak enters into a consulting contract 
     or similar arrangement, or a contract for lobbying, with a 
     lobbying firm, an individual who is a lobbyist, or who is 
     affiliated with a lobbying firm, as those terms are defined 
     in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1602), Amtrak shall notify the United States Senate Committee 
     on Commerce, Science, and Transportation, and the United 
     States House of Representatives Committee on Transportation 
     and Infrastructure of--
       (1) the name of the individual or firm involved;
       (2) the purpose of the contract or arrangement; and
       (3) the amount and nature of Amtrak's financial obligation 
     under the contract.
                                 ______
                                 

                    DeWINE AMENDMENTS NOS. 1355-1356

  (Ordered to lie on the table.)
  Mr. DeWINE submitted two amendments intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1355

       On page 236, strike line 16 and insert the following: 
     subsection (a).

     SEC. 1408. SCHOOL TRANSPORTATION SAFETY.

       (a) Study.--Not later than 3 months after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into an agreement with the Transportation Research Board of 
     the National Academy of Sciences to conduct a study of the 
     safety issues attendant to the transportation of school 
     children to and from school and school-related activities by 
     various transportation modes.
       (b) Terms of Agreement.--The agreement under subsection (a) 
     shall provide that--
       (1) the Transportation Research Board, in conducting the 
     study, consider--
       (A) in consultation with the National Transportation Safety 
     Board, the Bureau of Transportation Statistics, and other 
     relevant entities, available crash injury data;

[[Page S10973]]

       (B) vehicle design and driver training requirements, 
     routing, and operational factors that affect safety; and
       (C) other factors that the Secretary considers to be 
     appropriate;
       (2) if the data referred to in paragraph (1)(A) is 
     unavailable or insufficient, recommend a new data collection 
     regiment and implementation guidelines; and
       (3) a panel shall conduct the study and shall include--
       (A) representatives of--
       (i) highway safety organizations;
       (ii) school transportation;
       (iii) mass transportation operators; and
       (iv) employee organizations;
       (B) academic and policy analysts; and
       (C) other interested parties.
       (c) Report.--Not later than 12 months after the Secretary 
     enters into an agreement under subsection (a), the Secretary 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report that contains the results of the 
     study.
       (d) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section--
       (A) $200,000 for fiscal year 1998; and
       (B) $200,000 for fiscal year 1999.
       (2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.

     SEC. 1409. IMPROVED INTERSTATE SCHOOL BUS SAFETY.

       (a) Applicability of Federal Motor Carrier Safety 
     Regulatory to Interstate School Bus Operations.--Section 
     31136 of title 49, United States Code, is amended by adding 
     at the end of the following:
       ``(g) Applicability to School Transportation Operations of 
     Local Educational Agencies.--Not later than 6 months after 
     the date of enactment of this subsection, the Secretary shall 
     issue regulations that require that the relevant commercial 
     motor vehicle safety standards issued under subsection (a) 
     apply to all interstate school transportation operations 
     conducted by local educational agencies (as that term is 
     defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801)).''.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes--
       (1) the status of compliance by private for-hire motor 
     carries and local educational agencies (as that term is 
     defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801)) in meeting the 
     requirements of section 31136 of title 49, United States 
     Code; and
       (2) any activities carried out by the Secretary or 1 or 
     more States to enforce the requirements referred to in 
     paragraph (1).

                           Amendment No. 1356

       Beginning on page 225, strike line 12 and all that follows 
     through page 227, line 13, and insert the following:
       ``(5) Repeat intoxicated driver law.--The term `repeat 
     intoxicated driver law' means a State law that--
       ``(A) provides, as a minimum penalty, that an individual 
     convicted of a second offense for driving while intoxicated 
     or driving under the influence within 5 years after a 
     conviction for that offense shall receive--
       ``(i)(I) a license suspension for not less than 1 year; or
       ``(II) a license restriction for not less than 1 year 
     permitting the individual to drive only a vehicle that is 
     equipped with a functioning ignition interlock device;
       ``(ii) an assessment of the individual's degree of abuse of 
     alcohol and treatment as appropriate; and
       ``(iii)(I) an assignment of 30 days of community service; 
     or
       ``(II) 5 days of imprisonment; and
       ``(B) provides that each of the sanctions under 
     subparagraph (A) shall be increased by 10 percent for each 
     subsequent such offense within a 5-year period.
       ``(b) Transfer of Funds.--
       ``(1) Fiscal years 2001 and 2002.--
       ``(A) In general.--On October 1, 2000, and October 1, 2001, 
     if a State has not enacted or is not enforcing a repeat 
     intoxicated driver law, the Secretary shall transfer an 
     amount equal to 1\1/2\ percent of the funds apportioned to 
     the State on that date under paragraphs (1) and (3) of 
     section 104(b) to the apportionment of the State under 
     section 402 to be used--
       ``(i) for alcohol-impaired driving countermeasures; or
       ``(ii) for enforcement by State and local law enforcement 
     agencies laws prohibiting driving while intoxicated or 
     driving under the influence and other related laws (including 
     regulations), including use for purchase of equipment, the 
     training of officers, and the use of additional personnel for 
     specific alcohol-impaired driving countermeasures dedicated 
     to enforcement of those laws.
       ``(B) Derivation of amount to be transferred.--An amount 
     transferred under subparagraph (A) may be derived--
       ``(i)) from the apportionment of the State under section 
     104(b)(1);
       ``(ii) from the apportionment of the State under section 
     104(b)(3); or
       (iii) partially from the apportionment of the State under 
     section 104(b)(1) and partially from the apportionment of the 
     State under section 104(b)(3).
       ``(2) Fiscal year 2003 and fiscal years thereafter.--On 
     October 1, 2002, and each October 1 thereafter, if a State 
     has not enacted or is not enforcing a repeat intoxicated 
     driver law, the Secretary shall transfer 3 percent of the 
     funds apportioned to the State on that date under each of 
     paragraphs (1) and (3) of section 104(b) to the apportionment 
     of the State under section 402 to be used--
       ``(A) for alcohol-impaired driving counter-measures; or
       ``(B) for enforcement by State and local law enforcement 
     agencies laws prohibiting driving while intoxicated or 
     driving under the influence and other related laws (including 
     regulations), including use for the purchase of equipment, 
     the training of officers, and the use of additional personnel 
     for specific alcohol-impaired driving countermeasures 
     dedicated to enforcement of those laws.
                                 ______
                                 

                    McCAIN AMENDMENTS NOS. 1357-1364

  (Ordered to lie on the table.)
  Mr. McCain submitted eight amendments intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

                           Amendment No. 1357

       At the appropriate place, insert the following:

     SEC. --. HIGHWAY DEMONSTRATION PROJECTS.

       (a) Findings.--The Senate finds that--
       (1) 10 demonstration projects totaling $362 million were 
     listed for special line-item funding in the Surface 
     Transportation Assistance Act of 1982;
       (2) 152 demonstration projects totaling $1.4 billion were 
     named in the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987;
       (3) 64 percent of the funding for the 152 projects had not 
     been obligated after 5 years and State transportation 
     officials determined the projects added little, if any, to 
     meeting their transportation infrastructure priorities;
       (4) 538 location specific projects totaling $6.23 billion 
     were included in the Intermodal Surface Transportation 
     Efficiency Act of 1991;
       (5) more than $3.3 billion of the funds authorized for the 
     538 location specific-projects remained unobligated as of 
     January 31, 1997;
       (6) the General Accounting Office determined that 31 States 
     plus the District of Columbia and Puerto Rico would have 
     received more funding if the Intermodal Surface 
     Transportation Efficiency Act location-specific project funds 
     were redistributed as Federal-aid highway program 
     apportionments;
       (7) this type of project funding diverts Highway Trust Fund 
     money away from State transportation priorities established 
     under the formula allocation process and under the Intermodal 
     Surface Transportation and Efficiency Act of 1991;
       (8) on June 20, 1995, by a vote of 75 yeas to 21 nays, the 
     Senate voted to prohibit the use of Federal Highway Trust 
     Fund money for future demonstration projects;
       (9) the Intermodal Surface Transportation and Efficiency 
     Act of 1991 expires at the end of Fiscal Year 1997; and
       (10) legislation is pending in the House of Representatives 
     sets aside $4.3 billion in new mandatory spending for so-
     called ``high priority'' projects.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) notwithstanding different views one existing Highway 
     Trust fund distribution formulas, funding for demonstration 
     projects or other similarly titled projects diverts Highway 
     Trust Fund money away from State priorities and deprives 
     States of the ability to adequately address their 
     transportation needs;
       (2) State are best able to determine the priorities for 
     allocating Federal-Aid-To-Highway monies within their 
     jurisdiction;
       (3) Congress should not divert limited Highway Trust Funds 
     resources away from State transportation priorities by 
     authorizing new highway projects; and
       (4) Congress should not authorize any new demonstration 
     projects, similarly-titled projects, or legislative 
     discretionary projects.
                                  ____


                           Amendment No. 1358

       On page 40, strike lines 1 through 16.
                                  ____


                           Amendment No. 1359

       Notwithstanding any provision of law, authorizations and 
     appropriations for demonstration projects shall lapse for any 
     project for which funds have not been obligated within three 
     years.
                                  ____


                           Amendment No. 1360

       Notwithstanding any other provision of law, the Secretary 
     shall limit obligations for demonstration projects, or any 
     similarly titled high priority projects that are authorized 
     or appropriated.
                                  ____


                           Amendment No. 1361

       At the appropriate place, insert the following:

     SEC. 105. PROTECTION OF CHILDREN FROM AIRBAG HARM.

       (a) Suspension of Unbelted Barrier Testing.--The provision 
     in Federal Motor Vehicle Safety Standard No. 208 set forth at

[[Page S10974]]

     section 571.208 of the Department of Transportation 
     Regulations (49 C.F.R. 571.208) requiring air bag-equipped 
     vehicles to be crashed into a barrier using unbelted 50th 
     percentile adult male dummies is hereby suspended.
       (b) Rulemaking to Protect Children.--
       (1) In general.--Not later than June 1, 1998, the Secretary 
     of Transportation shall issue a notice of proposed rulemaking 
     to amend and improve the occupant protection provided by 
     Federal Motor Vehicle Safety Standard No. 208. The notice 
     shall propose that air bags provide protection to individuals 
     according to the following priorities:
       (A) First priority.--To minimize the risk of harm to 
     children from air bags.
       (B) Second priority.--To improve protection for belted 
     occupants.
       (C) Third priority.--To protect unbelted occupants to the 
     extent reasonable and practicable, consistent with minimizing 
     the risk to children.
       (2) Methods to ensure protection.--Notwithstanding 
     subsection (a), the notice required by paragraph (a) may 
     include such static and dynamic tests as the Secretary 
     determines to be reasonable, practicable, and appropriate to 
     ensure the safety of children, especially those who are 
     unbelted and out of position, as well as the safety of other 
     vehicle occupants, consistent with the priorities set forth 
     in paragraph (1).
       (3) Final rule.--The Secretary shall complete the 
     rulemaking required by this subsection by issuing, not later 
     than June 1, 1999, a final rule consistent with paragraphs 
     (1) and (2) of this subsection. The Secretary may extend the 
     period for issuing the final rule for not more than 6 months. 
     If the Secretary extends that period, then the Secretary 
     shall state the reasons for the extension in the notice of 
     extension.
                                  ____


                           Amendment No. 1362

       At the appropriate place, insert the following:

     SEC.   . AIRBAG DEPLOYMENT RULE-MAKING PROCEDURE.

       The Secretary shall provide notice and an opportunity for 
     public comment for establishing a threshold for the 
     deployment on impact of a passive passenger restraint system 
     in passenger motor vehicles.
                                  ____


                           Amendment No. 1363

       At the appropriate place, insert the following:

     SEC.   . DOT TO DETERMINE ELIGIBILITY FOR AIRBAG SWITCH USE.

       If the Secretary of Transportation, under any provision of 
     law, permits the employment of a device or switch to activate 
     or deactivate a passive passenger restraint system installed 
     in passenger motor vehicles and establishes criteria for the 
     determination of what individuals or classes of individuals 
     are eligible to use that device or switch, then that 
     determination shall be made by the Secretary.
                                  ____


                           Amendment No. 1364

       At the end of the amendment, insert the following:

     SECTION 1. SHORT TITLE; APPLICATION WITH PRECEDING PROVISIONS 
                   AND AMENDMENTS.

       (a) Short Title.--This Act may be cited as the ``Intermodel 
     Transportation Safety Act of 1997''.
       (b) Application.--The provisions of this Act appearing 
     after this section, including any amendment made by any such 
     provision, supersede any provision appearing before this 
     section to the extent that the provisions or amendments 
     appearing after this section conflict with and cannot be 
     reconciled with the provisions (including amendments) 
     appearing before this section. For purposes of this 
     subsection, conflicts of enumeration or lettering of 
     subdivisions of any provision of law amended by this Act, and 
     conflicts of captions of any provision of law amended by this 
     Act, shall be ignored.

     SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 49, United States Code.

     SEC. 3. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title; application with preceding provisions of 
              amendments.
Sec. 2. Amendment of title 49, United States Code.
Sec. 3. Table of contents.
                        Title I--Highway Safety

Sec. 101. Highway safety programs.
Sec. 102. National driver register.
Sec. 103. Authorizations of appropriations.
Sec. 104. Airbags.
Sec. 105. Protection of children from airbag harm.
      Title II--Hazardous materials transportation reauthorization

Sec. 201. Findings and purposes; definitions.
Sec. 202. Handling criteria repeal.
Sec. 203. Hazmat employee training requirements.
Sec. 204. Registration.
Sec. 205. Shipping paper retention.
Sec. 206. Unsatisfactory safety rating.
Sec. 207. Public sector training curriculum.
Sec. 208. Planning and training grants.
Sec. 209. Special permits and exclusions.
Sec. 210. Administration.
Sec. 211. Cooperative agreements.
Sec. 212. Enforcement.
Sec. 213. Penalties.
Sec. 214. Preemption.
Sec. 215. Judicial review.
Sec. 216. Hazardous material transportation reauthorization.
Sec. 217. Authorization of appropriations.
             Title III--Comprehensive One-call Notification

Sec. 301. Findings.
Sec. 302. Establishment of one-call notification programs.
                     Title IV--Motor Carrier Safety

Sec. 401. Statement of purpose.
Sec. 402. Grants to States.
Sec. 403. Federal share.
Sec. 404. Authorization of appropriations.
Sec. 405. Information systems and strategic safety initiatives.
Sec. 406. Improved flow of driver history pilot program.
Sec. 407. Motor carrier and driver safety research.
Sec. 408. Authorization of appropriations.
Sec. 409. Conforming amendments.
Sec. 410. Automobile transporter defined.
Sec. 411. Repeal of review panel; review procedure.
Sec. 412. Commercial motor vehicle operators.
Sec. 413. Penalties.
Sec. 414. International registration plan and international fuel tax 
              agreement.
Sec. 415. Study of adequacy of parking facilities.
Sec. 416. National minimum drinking age--technical corrections.
Sec. 417. Application of regulations.
Sec. 418. Authority over charter bus transportation.
Sec. 419. Federal motor carrier safety investigations.
Sec. 420. Foreign motor carrier safety fitness.
Sec. 421. Commercial motor vehicle safety advisory committee.
Sec. 422. Waivers; exemptions; pilot programs.
Sec. 423. Commercial motor vehicle safety studies.
Sec. 424. Increased MCSAP participation impact study.
      Title V--Rail and Mass Transportation Anti-terrorism; Safety

Sec. 501. Purpose.
Sec. 502. Amendment to the ``wrecking trains'' statute.
Sec. 503. Terrorist attacks against mass transportation.
Sec. 504. Investigative jurisdiction.
Sec. 505. Safety considerations in grants or loans to commuter 
              railroads.
Sec. 506. Railroad accident and incident reporting.
Sec. 507. Vehicle weight limitations--mass transportation buses.
               Title--VI Sportfishing and Boating Safety

Sec. 601. Amendment of 1950 Act.
Sec. 602. Outreach and communications programs.
Sec. 603. Clean Vessel Act funding.
Sec. 604. Boating infrastructure.
Sec. 605. Boat safety funds.

                        TITLE I--HIGHWAY SAFETY

     SEC. 101. HIGHWAY SAFETY PROGRAMS.

       (a) Uniform Guidelines.--Section 402(a) of title 23, United 
     States Code, is amended by striking ``section 4007'' and 
     inserting ``section 4004''.
       (b) Administrative Requirements.--Section 402(b) of such 
     title is amended--
       (1) by striking the period at the end of subparagraph (A) 
     and subparagraph (B) of paragraph (1) and inserting a 
     semicolon;
       (2) by inserting ``, including Indian tribes,'' after 
     ``subdivisions of such State'' in paragraph (1)(C);
       (3) by striking the period at the end of paragraph (1)(C) 
     and inserting a semicolon and ``and''; and
       (5) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3).
       (c) Apportionment of Funds--Section 402(c) of such title is 
     amended by--
       (1) by inserting ``the apportionment to the Secretary of 
     the Interior shall not be less than three-fourths of 1 
     percent of the total apportionment and'' after ``except 
     that'' in the sixth sentence; and
       (2) by striking the seventh sentence.
       (d) Application in Indian Country.--Section 402(i) of such 
     title is amended to read as follows:
       ``(i) Application in Indian Country.--
       ``(1) In general.--For the purpose of application of this 
     section in Indian country, the terms `State' and `Governor of 
     a State' include the Secretary of the Interior and the term 
     `political subdivision of a State' includes an Indian tribe. 
     Notwithstanding the provisions of subparagraph (b)(1)(C) of 
     this section, 95 percent of the funds apportioned to the 
     Secretary of the Interior under this section shall be 
     expended by Indian tribes to carry out highway safety 
     programs within their jurisdictions. The provisions of 
     subparagraph (b)(1)(D) of this section shall be applicable to 
     Indian tribes, except to those tribes with respect to which 
     the Secretary determines that application of such provisions 
     would not be practicable.
       ``(2) Indian country defined.--For the purposes of this 
     subsection, the term `Indian country' means--

[[Page S10975]]

       ``(A) all land within the limits of any Indian reservation 
     under the jurisdiction of the United States, notwithstanding 
     the issuance of any patient, and including rights-of-way 
     running through the reservation;
       ``(B) all dependent Indian communities within the borders 
     of the United States whether within the original or 
     subsequently acquired territory thereof and whether within or 
     without the limits of a State; and
       ``(C) all Indian allotments, the Indian titles to which 
     have not been extinguished, including rights-of-way running 
     through such allotments.''.
       (e) Rulemaking Process.--Section 402(j) of such title is 
     amended to read as follows:
       ``(j) Rulemaking Process.--The Secretary may from time to 
     time conduct a rulemaking process to identify highway safety 
     programs that are highly effective in reducing motor vehicle 
     crashes, injuries and deaths. Any such rulemaking shall take 
     into account the major role of the States in implementing 
     such programs. When a rule promulgated in accordance with 
     this section takes effect, States shall consider these highly 
     effective programs when developing their highway safety 
     programs.''
       (f) Safety Incentive Grants.--Section 402 of such title is 
     amended by striking subsection (k) and inserting the 
     following:
       ``(k)(1) Safety Incentive Grants: General Authority.--The 
     Secretary shall make a grant to a State that takes specific 
     actions to advance highway safety under subsection (l) of 
     this section. A State may qualify for more than one grant and 
     shall receive a separate grant for each subsection for which 
     it qualifies. Such grants may only be used by recipient 
     States to implement and enforce, as appropriate, the programs 
     for which the grants are awarded.
       ``(2) Maintenance of Effort.--No grant may be made to a 
     State under subsection (l) or (m) of this section in any 
     fiscal year unless such State enters into such agreements 
     with the Secretary as the Secretary may require to ensure 
     that such State will maintain its aggregate expenditures from 
     all other sources for the specific actions for which a grant 
     is provided at or above the average level of such 
     expenditures in its 2 fiscal years preceding the date of the 
     enactment of this subsection.
       ``(3) Maximum Period of Eligibility; Federal Share for 
     Grants.--Each grant under subsection (l) or (m) of this 
     section shall be available for not more than 6 fiscal years 
     beginning in the fiscal year after September 30, 1997, in 
     which the State becomes eligible for the grant. The Federal 
     share payable for any grant under subsection (l) or (m) shall 
     not exceed--
       ``(A) in the first and second fiscal years in which the 
     State receives the grant, 75 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year a program adopted by the State;
       ``(B) in the third and fourth fiscal years in which the 
     State receives the grant, 50 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program; and
       ``(C) in the fifth and sixth fiscal years in which the 
     State receives the grant, 25 percent of the cost of 
     implementing and enforcing, as appropriate, in such fiscal 
     year such program.
       ``(l) Alcohol-Impaired Driving Countermeasures: Basic Grant 
     Eligibility.--The Secretary shall make grants to those States 
     that adopt and implement effective programs to reduce traffic 
     safety problems resulting from persons driving under the 
     influence of alcohol. A State shall become eligible for one 
     or more of three basic grants under this subsection by 
     adopting or demonstrating the following to the satisfaction 
     of the Secretary:
       ``(1) Basic grant A.--At least 7 of the following:
       ``(A) .08 BAC per se law.--A law that provides that any 
     individual with a blood alcohol concentration of 0.08 percent 
     or greater while operating a motor vehicle shall be deemed to 
     be driving while intoxicated.
       ``(B) Administrative license revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     proposed by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--
       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and
       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or received notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures.
       ``(C) Underage Drinking Program.--An effective system, as 
     determined by the Secretary, for preventing operators of 
     motor vehicles under age 21 from obtaining alcoholic 
     beverages. Such system shall include the issuance of drivers' 
     licenses to individuals under age 21 that are easily 
     distinguishable in appearance from drivers' licenses issued 
     to individuals age 21 years of age or older.
       ``(D) Stopping Motor Vehicles.--Either--
       ``(i) A statewide program for stopping motor vehicles on a 
     nondiscriminatory, lawful basis for the purpose of 
     determining whether the operators of such motor vehicles are 
     driving while under the influence of alcohol, or
       ``(ii) a statewide Special Traffic Enforcement Program for 
     impaired driving that emphasizes publicity for the program.
       ``(E) Repeat Offenders.--Effective sanctions for repeat 
     offenders convicted of driving under the influence of 
     alcohol. Such sanctions, as determined by the Secretary, may 
     include electronic monitoring; alcohol interlocks; intensive 
     supervision of probation; vehicle impoundment, confiscation, 
     or forfeiture; and dedicated detention facilities.
       ``(F) Graduated Licensing System.--A three-stage graduated 
     licensing system for young drivers that includes nighttime 
     driving restrictions during the first 2 stages, requires all 
     vehicle occupants to be properly restrained, and makes it 
     unlawful for a person under age 21 to operate a motor vehicle 
     with a blood alcohol concentration of .02 percent or greater.
       ``(G) Drivers with high BAC's.--Programs to target 
     individuals with high blood alcohol concentrations who 
     operate a motor vehicle. Such programs may include 
     implementation of a system of graduated penalties and 
     assessment of individuals convicted of driving under the 
     influence of alcohol.
       ``(H) Young adult drinking programs.--Programs to reduce 
     driving while under the influence of alcohol by individuals 
     age 21 through 34. Such programs may include awareness 
     campaigns; traffic safety partnerships with employers, 
     colleges, and the hospitality industry; assessment of first 
     time offenders; and incorporation of treatment into judicial 
     sentencing.
       ``(I) Testing for BAC.--An effective system for increasing 
     the rate of testing for blood alcohol concentration of motor 
     vehicle drivers at fault in fatal accidents.
       ``(2) basic Grant B.--Either of the following:
       ``(A) Administrative License Revocation.--An administrative 
     driver's license suspension or revocation system for persons 
     who operate motor vehicles while under the influence of 
     alcohol which requires that--
       ``(i) in the case of a person who, in any 5-year period 
     beginning after the date of enactment of this subsection, is 
     determined on the basis of a chemical test to have been 
     operating a motor vehicle under the influence of alcohol or 
     is determined to have refused to submit to such a test as 
     requested by a law enforcement officer, the State agency 
     responsible for administering drivers' licenses, upon 
     receiving the report of the law enforcement officer--
       ``(I) shall suspend the driver's license of such person for 
     a period of not less than 90 days if such person is a first 
     offender in such 5-year period; and
       ``(II) shall suspend the driver's license of such person 
     for a period of not less than 1 year, or revoke such license, 
     if such person is a repeat offender in such 5-year period; 
     and
       ``(ii) the suspension and revocation referred to under 
     clause (A)(i) of this subparagraph shall take effect not 
     later than 30 days after the day on which the person refused 
     to submit to a chemical test or receives notice of having 
     been determined to be driving under the influence of alcohol, 
     in accordance with the State's procedures; or
       ``(B) 0.08 bac per se law.--A law that provides that any 
     person with a blood alcohol concentration of 0.08 percent or 
     greater while operating a motor vehicle shall be deemed to be 
     driving while intoxicated.
       ``(3) Basic grant c.--Both of the following:
       ``(A) Fatal impaired driver percentage reduction.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has 
     decreased in each of the 3 most recent calendar years for 
     which statistics for determining such percentages are 
     available; and
       ``(B) Fatal impaired driver percentage comparison.--The 
     percentage of fatally injured drivers with 0.10 percent or 
     greater blood alcohol concentration in the State has been 
     lower than the average percentage for all States in each of 
     such calendar years.
       ``(4) Basic grant amount.--The amount of each basic grant 
     under this subsection for any fiscal year shall be up to 15 
     percent of the amount apportioned to the State for fiscal 
     year 1997 under section 402 of this title.
       ``(5) Alcohol-impaired driving countermeasures: 
     supplemental grants.--During the period in which a State is 
     eligible for a basic grant under this subsection, the State 
     shall be eligible to receive a supplemental grant in no more 
     than 2 fiscal years of up to 5 percent of the amount 
     apportioned to the State in fiscal year 1997 under section 
     402 of this title. The State may receive a separate 
     supplemental grant for meeting each of the following 
     criteria:
       ``(A) Open container laws.--The State makes unlawful the 
     possession of any open alcoholic beverage container, or the 
     consumption of any alcoholic beverage, in the passenger area 
     of any motor vehicle located on a public highway or the 
     right-of-way of a public highway, except--
       ``(i) as allowed in the passenger area, by a person (other 
     than the driver), of any motor vehicle designed to transport 
     more than 10 passengers (including the driver) while being 
     used to provide charter transportation of passengers; or

[[Page S10976]]

       ``(ii) as otherwise specifically allowed by such State, 
     with the approval of the Secretary, but in no event may the 
     driver of such motor vehicle be allowed to possess or consume 
     an alcoholic beverage in the passenger area.
       ``(B) Mandatory Blood Alcohol Concentration Testing 
     Programs.--The State provides for mandatory blood alcohol 
     concentration testing whenever a law enforcement officer has 
     probable cause under State law to believe that a driver of a 
     motor vehicle involved in a crash resulting in the loss of 
     human life or, as determined by the Secretary, serious bodily 
     injury, has committed an alcohol-related traffic offense.
       ``(C) Video Equipment for Detection of Drunk Drivers.--The 
     State provides for a program to acquire video equipment to be 
     used in detecting persons who operate motor vehicles while 
     under the influence of alcohol and in prosecuting those 
     persons, and to train personnel in the use of that equipment.
       ``(D) Blood Alcohol Concentration for Persons Under Age 
     21.--The State enacts and enforces a law providing that any 
     person 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 or driving under the 
     influence of alcohol, and further provides for a minimum 
     suspension of the person's driver's license for not less than 
     30 days.
       ``(E) Self-Sustaining Drunk Driving Prevention Program.--
     The State provides for a self-sustaining drunk driving 
     prevention program under which a significant portion of the 
     fines or surcharges collected from individuals apprehended 
     and fined for operating a motor vehicle while under the 
     influence of alcohol are returned to those communities which 
     have comprehensive programs for the prevention of such 
     operations of motor vehicles.
       ``(F) Reducing Driving With A Suspended License.--The State 
     enacts and enforces a law to reduce driving with a suspended 
     license. Such law, as determined by the Secretary, may 
     require a `zebra' stripe that is clearly visible on the 
     license plate of any motor vehicle owned and operated by a 
     driver with a suspended license.
       ``(G) Effective DWI Tracking System.--The State 
     demonstrates an effective driving while intoxicated (DWI) 
     tracking system. Such a system, as determined by the 
     Secretary, may include data covering arrests, case 
     prosecutions, court dispositions and sanctions, and provide 
     for the linkage of such data and traffic records systems to 
     appropriate jurisdictions and offices within the State.
       ``(H) Assessment of Persons Convicted of Abuse of 
     Controlled Substances; Assignment of Treatment for All DWI/
     DUI Offenders.--The State provides for assessment of 
     individuals convicted of driving while intoxicated or driving 
     under the influence of alcohol or controlled substances, and 
     for the assignment of appropriate treatment.
       ``(I) Use of Passive Alcohol Senators.--The State provides 
     for a program to acquire passive alcohol sensors to be used 
     by police officers in detecting persons who operate motor 
     vehicles while under the influence of alcohol, and to train 
     police officers in the use of that equipment.
       ``(J) Effective Penalties for Provision or Sale of Alcohol 
     to Persons Under 21.--The State enacts and enforces a law 
     that provides for effective penalties or other consequences 
     for the sale or provision of alcoholic beverages to any 
     individual under 21 years of age. The Secretary shall 
     determine what penalties are effective.
       ``(6) Definitions.--For the purpose of this subsection, the 
     following definitions apply:
       ``(A) `Alcoholic beverage' has the meaning such term has 
     under section 158(c) of this title.
       ``(B) `Controlled substances' has the meaning such term has 
     under section 102(6) of the Controlled Substances Act (21 
     U.S.C. 802(6)).
       ``(C) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(D) `Open alcoholic beverage container' means any bottle, 
     can, or other receptacle--
       ``(i) which contains any amount of an alcoholic beverage; 
     and
       ``(ii)(I) which is open or has a broken seal, or
       ``(II) the contents of which are partially removed.
       ``(m) State Highway Safety Data Improvements.--The 
     Secretary shall make a grant to a State that takes effective 
     actions to improve the timeliness, accuracy, completeness, 
     uniformity, and accessibility of the State's data needed to 
     identify priorities within State and local highway and 
     traffic safety programs, to evaluate the effectiveness of 
     such efforts, and to link these State data systems, including 
     traffic records, together and with other data systems within 
     the State, such as systems that contain medical and economic 
     data:
       ``(1) First-year grant eligibility.--A State is eligible 
     for a first-year grant under this subsection in a fiscal year 
     if such State either:
       ``(A) Demonstrates, to the satisfaction of the Secretary, 
     that it has--
       ``(i) established a Highway Safety Data and Traffic Records 
     Coordinating Committee with a multi-disciplinary membership 
     including the administrators, collectors, and users of such 
     data (including the public health, injury control, and motor 
     carrier communities) of highway safety and traffic records 
     databases;
       ``(ii) completed within the preceding 5 years a highway 
     safety data and traffic records assessment or audit of its 
     highway safety data and traffic records system; and
       ``(iii) initiated the development of a multi-year highway 
     safety data and traffic records strategic plan to be approved 
     by the Highway Safety Data and Traffic Records Coordinating 
     Committee that identifies and prioritizes its highway safety 
     data and traffic records needs and goals, and that identifies 
     performance-based measures by which progress toward those 
     goals will be determined; or
       ``(B) Provides, to the satisfaction of the Secretary--
       ``(i) certification that it has met the provisions outlined 
     in clauses (A)(i) and (A)(ii) of subparagraph (A) of this 
     paragraph;
       ``(ii) a multi-year plan that identifies and prioritizes 
     the State's highway safety data and traffic records needs and 
     goals, that specifies how its incentive funds for the fiscal 
     year will be used to address those needs and the goals of the 
     plan, and that identifies performance-based measures by which 
     progress toward those goals will be determined; and
       ``(iii) certification that the Highway Safety Data and 
     Traffic Records Coordinating Committee continues to operate 
     and supports the multi-year plan described in clause (B)(ii) 
     of this subparagraph.
       ``(2) First-year grant amount.--The amount of a first-year 
     grant made for State highway safety data and traffic records 
     improvements for any fiscal year to any State eligible for 
     such a grant under subparagraph (1)(A) of paragraph (A) of 
     this subsection shall equal $1,000,000, subject to the 
     availability of appropriations, and for any State eligible 
     for such a grant under subparagraph (1)(B) of this subsection 
     shall equal a proportional amount of the amount apportioned 
     to the State for fiscal year 1997 under section 402 of this 
     title, except that no State shall receive less than $250,000, 
     subject to the availability of appropriations. The Secretary 
     may award a grant of up to $25,000 for one year to any State 
     that does not meet the criteria established in paragraph (1). 
     The grant may only be used to conduct activities needed to 
     enable that State to qualify for first-year funding to begin 
     in the next fiscal year.
       ``(3) State highway safety data and traffic records 
     improvements; succeeding-year grants.--A State shall be 
     eligible for a grant in any fiscal year succeeding the first 
     fiscal year in which the State receives a State highway 
     safety data and traffic records grant if the State, to the 
     satisfaction of the Secretary:
       ``(A) Submits or updates a multi-year plan that identifies 
     and prioritizes the State's highway safety data and traffic 
     records needs and goals, that specifies how its incentive 
     funds for the fiscal year will be used to address those needs 
     and the goals of the plan, and that identifies performance-
     based measures by which progress toward those goals will be 
     determined;
       ``(B) Certifies that its Highway Safety Data and Traffic 
     Records Coordinating Committee continues to support the 
     multi-year plan; and
       ``(C) Reports annually on its progress in implementing the 
     multi-year plan.
       ``(4) Succeeding-year grant amounts.--The amount of a 
     succeeding-year grant made for State highway safety data and 
     traffic records improvements for any fiscal year to any State 
     that is eligible for such a grant shall equal a proportional 
     amount of the amount apportioned to the State for fiscal year 
     1997 under section 402 of this title, except that no State 
     shall receive less than $225,000, subject to the availability 
     of appropriations.''.
       (g) Occupant Protection Program.--
       (1) In general.--Section 410 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 410. Safety belts and occupant protection program

       ``The Secretary shall make basic grants to those States 
     that adopt and implement effective programs to reduce highway 
     deaths and injuries resulting from persons riding 
     unrestrained or improperly restrained in motor vehicles. A 
     State may establish its eligibility for one or both of the 
     grants by adopting or demonstrating the following to the 
     satisfaction of the Secretary:
       ``(1) Basic Grant A.--At least 4 of the following:
       ``(A) Safety Belt Use Law for All Front Seat Occupants.--
     The State has in effect a safety belt use law that makes 
     unlawful throughout the State the operation of a passenger 
     motor vehicle whenever a person in the front seat of the 
     vehicle (other than a child who is secured in a child 
     restraint system) does not have a safety belt properly 
     secured about the person's body.
       ``(B) Primary Safety Belt Use Law.--The State provides for 
     primary enforcement of its safety belt use law.
       ``(C) Child Passenger Protection Law.--The State has in 
     effect a law that requires minors who are riding in a 
     passenger motor vehicle to be properly secured in a child 
     safety seat or other appropriate restraint system.
       ``(D) Child Occupant Protection Education Program.--The 
     State demonstrates implemention of a statewide comprehensive 
     child occupant protection education program that includes 
     education about proper seating positions for children in air 
     bag equipped motor vehicles and instruction on how to reduce 
     the improper use of child restraints systems. The states are 
     to submit to the Secretary an evaluation or report on the 
     effectiveness of the programs at least three years after 
     receipt of the grant.

[[Page S10977]]

       ``(E) Minimum Fines.--The State requires a minimum fine of 
     at least $25 for violations of its safety belt use law and a 
     minimum fine of at least $25 for violations of its child 
     passenger protection law.
       ``(F) Special Traffic Enforcement Program.--The State 
     demonstrates implementation of a statwide Special Traffic 
     Enforcement Program for occupant protection that emphasizes 
     publicity for the program.
       ``(2) Basic grant B.--Both of the following:
       ``(A) State Safety Belt Use Rate.--The State demonstrates a 
     statewide safety belt use rate in both front outboard seating 
     positions in all passenger motor vehicles of 80 percent or 
     higher in each of the first 3 years a grant under this 
     paragraph is received, and of 85 percent or higher in each of 
     the fourth, fifth, and sixth years a grant under this 
     paragraph is received.
       ``(B) Survey Method.--The State follows safety belt use 
     survey methods which conform to guidelines issued by the 
     Secretary ensuring that such measurements are accurate and 
     representative.
       ``(3) Basic Grant Amount.--The amount of each basic grant 
     for which a State qualifies under this subsection for any 
     fiscal year shall equal up to 20 percent of the amount 
     apportioned to the State for fiscal year 1997 under section 
     402 of this title.
       ``(4) Occupant Protection Program: Supplemental Grants.--
     During the period in which a State is eligible for a basic 
     grant under this subsection, the State shall be eligible to 
     receive a supplemental grant in a fiscal year of up to 5 
     percent of the amount apportioned to the State in fiscal year 
     1997 under section 402 of this title. The State may receive a 
     separate supplemental grant for meeting each of the following 
     criteria:
       ``(A) Penalty Points Against a Driver's License for 
     Violations of Child Passenger Protection Requirements.--The 
     State has in effect a law that requires the imposition of 
     penalty points against a driver's license for violations of 
     child passenger protection requirements.
       ``(B) Elimination of Non-Medical Exemptions to Safety Belt 
     and Child Passenger Protection Laws.--The State has in effect 
     safety belt and child passenger protection laws that contain 
     no nonmedical exemptions.
       (C) Safety Belt Use in Rear Seats.--The State has in effect 
     a law that requires safety belt use by all rear-seat 
     passengers in all passenger motor vehicles with a rear seat.
       ``(5) Definitions.--As used in this subsection--
       ``(A) `child safety seat' means any device except safety 
     belts, designed for use in a motor vehicle to restrain, seat, 
     or position children who weigh 50 pounds or less.
       ``(B) `Motor vehicle' means a vehicle driven or drawn by 
     mechanical power and manufactured primarily for use on public 
     streets, roads, and highways, but does not include a vehicle 
     operated only on a rail line.
       ``(C) `Multipurpose passenger vehicle' means a motor 
     vehicle with motive power (except a trailer), designed to 
     carry not more than 10 individuals, that is constructed 
     either on a truck chassis or with special features for 
     occasional off-road operation.
       ``(D) `Passenger car' means a motor vehicle with motive 
     power (except a multipurpose passenger vehicle, motorcycle, 
     or trailer) designed to carry not more than 10 individuals.
       ``(E) `Passenger motor vehicle' means a passenger car or a 
     multipurpose passenger motor vehicle.
       ``(F) `Safety belt' means--
       ``(i) with respect to open-body passenger vehicles, 
     including convertibles, an occupant restraint system 
     consisting of a lap belt or a lap belt and a detachable 
     shoulder belt; and
       ``(ii) with respect to other passenger vehicles, an 
     occupant restraint system consisting of integrated lap and 
     shoulder belts.''.
       (2) Conforming amendment.--The chapter analysis for chapter 
     4 of that chapter is amended by striking the item relating to 
     section 410 and inserting the following:

``410. Safety belts and occupant protection program''.

       (h) Drugged Driver Research and Demonstration Program.--
     Section 403(b) of title 23, United States Code, is amended--
       (1) by inserting ``(1)'' before ``In addition'';
       (2) by striking ``is authorized to'' and inserting 
     ``shall'';
       (3) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B); and
       (4) by inserting after subparagraph (B), as redesignated, 
     the following:
       ``(C) Measures that may deter drugged driving.''.

     SEC. 102. NATIONAL DRIVER REGISTER.

       (a) Transfer of Selected Functions to Non-Federal 
     Management.--Section 30302 is amended by adding at the end 
     thereof the following:
       ``(e) Transfer of Selected Functions to Non-Federal 
     Management.--(1) The Secretary may enter into an agreement 
     with an organization that represents the interests of the 
     States to manage, administer, and operate the National Driver 
     Register's computer timeshare and user assistance functions. 
     If the Secretary decides to enter into such an agreement, the 
     Secretary shall ensure that the management of these functions 
     is compatible with this chapter and the regulations issued to 
     implement this chapter.
       ``(2) Any transfer of the National Driver Register's 
     computer timeshare and user assistance functions to an 
     organization that represents the interests of the States 
     shall begin only after a determination is made by the 
     Secretary that all States are participating in the National 
     Driver Register's `Problem Driver Pointer System' (the system 
     used by the Register to effect the exchange of motor vehicle 
     driving records), and that the system is functioning 
     properly.
       ``(3) The agreement entered into under this subsection 
     shall include a provision for a transition period sufficient 
     to allow the States to make the budgetary and legislative 
     changes they may need to pay fees charged by the organization 
     representing their interests for their use of the National 
     Driver Register's computer timeshare and user assistance 
     functions. During this transition period, the Secretary 
     (through the National Highway Traffic Safety Administration) 
     shall continue to fund these transferred functions.
       ``(4) The total of the fees charged by the organization 
     representing the interests of the States in any fiscal year 
     for the use of the National Driver Register's computer 
     timeshare and user assistance functions shall not exceed the 
     total cost to the organization for performing these functions 
     in such fiscal year.
       ``(5) Nothing in this subsection shall be construed to 
     diminish, limit, or otherwise affect the authority of the 
     Secretary to carry out this chapter.''.
       (b) Access to Register Information.--Section 30305(b) is 
     amended by--
       (1) by striking ``request.'' in paragraph (2) and inserting 
     the following: ``request, unless the information is about a 
     revocation or suspension still in effect on the date of the 
     request'';
       (2) by inserting after paragraph (6) the following:
       ``(7) The head of a Federal department or agency that 
     issues motor vehicle operator's licenses may request the 
     chief driver licensing official of a State to obtain 
     information under subsection (a) of this section about an 
     individual applicant for a motor vehicle operator's license 
     from such department or agency. The department or agency may 
     receive the information, provided it transmits to the 
     Secretary a report regarding any individual who is denied a 
     motor vehicle operator's license by that department or agency 
     for cause; whose motor vehicle operator's license is revoked, 
     suspended or canceled by that department or agency for cause; 
     or about whom the department or agency has been notified of a 
     conviction of any of the motor vehicle-related offenses or 
     comparable offenses listed in subsection 30304(a)(3) and over 
     whom the department or agency has licensing authority. The 
     report shall contain the information specified in subsection 
     30304(b).
       ``(8) The head of a Federal department or agency authorized 
     to receive information regarding an individual from the 
     Register under this section may request and receive such 
     information from the Secretary.'';
       (3) by redesignating paragraphs (7) and (8) as paragraphs 
     (9) and (10); and
       (4) by striking ``paragraph (2)'' in paragraph (10), as 
     redesignated, and inserting ``subsection (a) of this 
     section''.

     SEC. 103. AUTHORIZATIONS OF APPROPRIATIONS.

       (a) Highway Safety Programs.--The following sums are 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account):
       (1) Consolidated state highway safety programs.--
       (A) For carrying out the State and Community Highway Safety 
     Program under section 402 of title 23, United States Code, by 
     the National Highway Traffic Safety Administration, except 
     for the incentive programs under subsection (l) of that 
     section--
       (i) $117,858,000 for fiscal year 1998;
       (ii) $123,492,000 for fiscal year 1999;
       (iii) $126,877,000 for fiscal year 2000;
       (iv) $130,355,000 for fiscal year 2001;
       (v) $133,759,000 for fiscal year 2002; and
       (vi) $141,803,000 for fiscal year 2003.
       (B) To carry out the alcohol-impaired driving 
     countermeasures incentive grant provisions of section 402(l) 
     of title 23, United States Code, by the National Highway 
     Traffic Safety Administration--
       (i) $30,570,000 for fiscal year 1998;
       (ii) $28,500,000 for fiscal year 1999;
       (iii) $29,273,000 for fiscal year 2000;
       (iv) $30,065,000 for fiscal year 2001;
       (v) $38,743,000 for fiscal year 2002; and
       (vi) $39,815,000 for fiscal year 2003. Amounts made 
     available to carry out subsection (l) are authorized to 
     remain available until expended, provided that, in each 
     fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (l) of section 402 of 
     title 23, United States Code, as necessary to ensure, to the 
     maximum extent possible, that States may receive the maximum 
     incentive funding for which they are eligible under these 
     programs.
       (C) To carry out the occupant protection program incentive 
     grant provisions of section 410 of title 23, United States 
     Code, by the National Highway Traffic Safety Administration--
       (i) $13,950,000 for fiscal year 1998;
       (ii) $14,618,000 for fiscal year 1999;
       (iii) $15,012,000 for fiscal year 2000;
       (iv) $15,418,000 for fiscal year 2001;
       (v) $17,640,000 for fiscal year 2002; and
       (vi) $17,706,000 for fiscal year 2003. Amounts made 
     available to carry out subsection (m) are authorized to 
     remain available until expended, provided that, in each 
     fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (m) to subsections (l), 
     (n), and (o) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.

[[Page S10978]]

       (D) To carry out the State highway safety data improvements 
     incentive grant provisions of subsection 402(n) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration--
       (i) $8,370,000 for fiscal year 1998;
       (ii) $8,770,000 for fiscal year 1999;
       (iii) $9,007,000 for fiscal year 2000; and
       (iv) $9,250,000 for fiscal year 2001. Amounts made 
     available to carry out subsection (n) are authorized to 
     remain available until expended.
       (E) To carry out the drugged driving research and 
     demonstration programs of section 403(b)(1) of title 23, 
     United States Code, by the National Highway Traffic Safety 
     Administration, $2,000,000 for each of fiscal years 1999, 
     2000, 2001, 2002, and 2003.
       Amounts made available to carry out subsection (o) are 
     authorized to remain available until expended, provided that, 
     in each fiscal year the Secretary may reallocate any amounts 
     remaining available under subsection (o) to subsections (l), 
     (m), and (n) of section 402 of title 23, United States Code, 
     as necessary to ensure, to the maximum extent possible, that 
     States may receive the maximum incentive funding for which 
     they are eligible under these programs.
       (2) Section 403 highway safety and research.--For carrying 
     out the functions of the Secretary, by the National Highway 
     Traffic Safety Administration, for highway safety under 
     section 403 of title 23, United States Code, there are 
     authorized to be appropriated $60,100,000 for each of fiscal 
     years 1998, 1999, 2000, 2001, and 2002, and $61,700,000 for 
     fiscal year 2003.
       (3) Public education effort.--Out of funds made available 
     for carrying out programs under section 403 of title 23, 
     United States Code, for each of fiscal years 1998, 1999, 
     2000, 2001, 2002, and 2003, the Secretary of Transportation 
     shall obligate at least $500,000 to educate the motoring 
     public on how to share the road safely with commercial motor 
     vehicles.
       (4) National driver register.--For carrying out chapter 303 
     (National Driver Register) of title 49, United States Code, 
     by the National Highway Traffic Safety Administration--
       (i) $1,605,000 for fiscal year 1998;
       (ii) $1,680,000 for fiscal year 1999;
       (iii) $1,726,000 for fiscal year 2000;
       (iv) $1,772,000 for fiscal year 2001;
       (v) $1,817,000 for fiscal year 2002; and
       (vi) $1,872,000 for fiscal year 2003.

     SEC. 104. AIRBAGS.

       (a) Rulemaking Procedure Required for Deployment Threshold 
     Determination.--Before establishing a threshold for the 
     deployment on impact of a passive passenger restraint system 
     in passenger motor vehicles under any provision of law, the 
     Secretary shall provide notice and an opportunity for public 
     comment.
       (b) Department of Transportation to Determine eligibility 
     for On/Off Switch.--If the Secretary of Transportation, under 
     any provision of law, permits the employment of a device or 
     switch to activate or deactivate a passive passenger 
     restraint system installed in passenger motor vehicles and 
     establishes criteria for the determination of what 
     individuals or classes of individuals are eligible to use 
     that device or switch, then that determination shall be made 
     by the Secretary.

     SEC. 105. PROTECTION OF CHILDREN FROM AIRBAG HARM.

       (a) Suspension of Unbelted Barrier Testing.--The provision 
     in Federal Motor Vehicle Safety Standard No. 208 set forth at 
     section 571.208 of the Department of Transportation 
     Regulations (49 C.F.R. 571.208) requiring air bag-equipped 
     vehicles to be crashed into a barrier using unbelted 50th 
     percentile adult male dummies is hereby suspended.
       (b) Rulemaking to Protect Children.--
       (1) In general.--Not later than June 1, 1998, the Secretary 
     of Transportation shall issue a notice of proposed rulemaking 
     to amend and improve the occupant protection provided by 
     Federal Motor Vehicle Safety Standard No. 208. The notice 
     shall propose that air bags provide protection to individuals 
     according to the following priorities:
       (A) First priority.--To minimize the risk of harm to 
     children from air bags.
       (B) Second priority.--To improve protection for belted 
     occupants.
       (C) Third priority.--To protect unbelted occupants to the 
     extent reasonable and practicable, consistent with minimizing 
     the risk to children.
       (2) Methods to ensure protection.--Notwithstanding 
     subsection (a), the notice required by paragraph (a) may 
     include such static and dynamic tests as the Secretary 
     determines to be reasonable, practicable, and appropriate to 
     ensure the safety of children, especially those who are 
     unbelted and out of position, as well as the safety of other 
     vehicle occupants, consistent with the priorities set 
     forth in paragraph (1).
       (3) Final rule.--The Secretary shall complete the 
     rulemaking required by this subsection by issuing, not later 
     than June 1, 1999, a final rule consistent with paragraphs 
     (1) and (2) of this subsection. The Secretary may extend the 
     period for issuing the final rule for not more than 6 months. 
     If the Secretary extends that period, then the Secretary 
     shall state the reasons for the extension in the notice of 
     extension.

      TITLE II--HAZARDOUS MATERIALS TRANSPORTATION REAUTHORIZATION

     SEC. 201. FINDINGS AND PURPOSES; DEFINITIONS.

       (a) Findings and Purposes.--Section 5101 is amended to read 
     as follows:

     ``Sec. 5101. Findings and purposes

       ``(a) Findings.--The Congress finds with respect to 
     hazardous materials transportation that--
       ``(1) approximately 4 billion tons of regulated hazardous 
     materials are transported each year and that approximately 
     500,000 movements of hazardous materials occur each day, 
     according to the Department of Transportation estimates;
       ``(2) accidents involving the release of hazardous 
     materials are a serious threat to public health and safety;
       ``(3) many States and localities have enacted laws and 
     regulations that vary from Federal laws and regulations 
     pertaining to the transportation of hazardous materials, 
     thereby creating the potential for unreasonable hazards in 
     other jurisdictions and confounding shippers and carriers 
     that attempt to comply with multiple and conflicting 
     registration, permitting, routings, notification, loading, 
     unloading, incidental storage, and other regulatory 
     requirements;
       ``(4) because of the potential risks to life, property and 
     the environment posed by unintentional releases of hazardous 
     materials, consistency in laws and regulations governing the 
     transportation of hazardous materials, including loading, 
     unloading, and incidental storage, is necessary and 
     desirable;
       ``(5) in order to achieve greater uniformity and to promote 
     the public health, welfare, and safety at all levels, Federal 
     standards for regulating the transportation of hazardous 
     materials in intrastate, interstate, and foreign commerce are 
     necessary and desirable;
       ``(6) in order to provide reasonable, adequate, and cost-
     effective protection from the risks posed by the 
     transportation of hazardous materials, a network of 
     adequately trained State and local emergency response 
     personnel is required;
       ``(7) the movement of hazardous materials in commerce is 
     necessary and desirable to maintain economic vitality and 
     meet consumer demands, and shall be conducted in a safe and 
     efficient manner;
       ``(8) primary authority for the regulation of such 
     transportation should be consolidated in the Department of 
     Transportation to ensure the safe and efficient movement of 
     hazardous materials in commerce; and
       ``(9) emergency response personnel have a continuing need 
     for training on responses to releases of hazardous materials 
     in transportation and small businesses have a continuing need 
     for training on compliance with hazardous materials 
     regulations.
       ``(b) Purposes.--The purposes of this chapter are--
       ``(1) to ensure the safe and efficient transportation of 
     hazardous materials in intrastate, interstate, and foreign 
     commerce, including the loading, unloading, and incidental 
     storage of hazardous material;
       ``(2) to provide the Secretary with preemption authority to 
     achieve uniform regulation of hazardous material 
     transportation, to eliminate inconsistent rules that apply 
     differently from Federal rules, to ensure efficient movement 
     of hazardous materials in commerce, and to promote the 
     national health, welfare, and safety; and
       ``(3) to provide adequate training for public sector 
     emergency response teams to ensure safe responses to 
     hazardous material transportation accidents and incidents.''.
       (b) Definitions.--Section 5102 is amended by--
       (1) striking paragraph (1) and inserting the following:
       ``(1) `commerce' means trade or transportation in the 
     jurisdiction of the United States--
       ``(A) between a place in a State and a place outside of the 
     State;
       ``(B) that affects trade or transportation between a place 
     in a State and a place outside of the State; or
       ``(C) on a United States-registered aircraft.'';
       (2) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) `hazmat employee' means an individual who--
       ``(A) is--
       ``(i) employed by a hazmat employer,
       ``(ii) self-employed, or
       ``(iii) an owner-operator of a motor vehicle; and
       ``(B) during the course of employment--
       ``(i) loads, unloads, or handles hazardous material;
       ``(ii) manufactures, reconditions, or tests containers, 
     drums, or other packagings represented as qualified for use 
     in transporting hazardous material;
       ``(iii) performs any function pertaining to the offering of 
     hazardous material for transportation;
       ``(iv) is responsible for the safety of transporting 
     hazardous material; or
       ``(v) operates a vehicle used to transport hazardous 
     material.
       ``(4) `hazmat employer' means a person who--
       ``(A) either--
       ``(i) is self-employed,
       ``(ii) is an owner-operator of a motor vehicle; and
       ``(iii) has at least one employee; and
       ``(B) performs a function, or uses at least one employee, 
     in connection with--
       ``(i) transporting hazardous material in commerce;
       ``(ii) causing hazardous material to be transported in 
     commerce, or
       ``(iii) manufacturing, reconditioning, or testing 
     containers, drums, or other

[[Page S10979]]

     packagings represented as qualified for use in transporting 
     hazardous material.'';
       (3) by striking ``title.'' in paragraph (7) and inserting 
     ``title, except that a freight forwarder is included only in 
     performing a function related to highway transportation'';
       (4) by redesignating paragraphs (9) through (13) as 
     paragraphs (12) through (16);
       (5) by inserting after paragraph (8) the following:
       ``(9) `out-of-service order' means a mandate that an 
     aircraft, vessel, motor vehicle, train, other vehicle, or a 
     part of any of these, not be moved until specified conditions 
     have been met.
       ``(10) `package' or `outside package' means a packaging 
     plus its contents.
       ``(11) `packaging' means a receptacle and any other 
     components or materials necessary for the receptacle to 
     perform its containment function in conformance with the 
     minimum packaging requirements established by the Secretary 
     of Transportation.''; and
       (6) by striking ``or transporting hazardous material to 
     further a commercial enterprise;'' in paragraph 12(A), as 
     redesignated by paragraph (4) of this subsection, and 
     inserting a comma and ``transporting hazardous material to 
     further a commercial enterprise, or manufacturing, 
     reconditioning, or testing containers, drums, or other 
     packagings represented as qualified for use in transporting 
     hazardous material''.
       (c) Clerical Amendment.--The chapter analysis of chapter 51 
     is amended by striking the item relating to section 5101 and 
     inserting the following:

``5101. Findings and purposes''.

     SEC. 202. HANDLING CRITERIA REPEAL.

       Section 5106 is repealed and the chapter analysis of 
     chapter 51 is amended by striking the item relating to that 
     section

     SEC. 203 HAZMAT EMPLOYEE TRAINING REQUIREMENTS.

       Section 5107(f)(2) is amended by striking ``and sections 
     5106, 5108(a)-(g)(1) and (h), and''.

     SEC. 204. REGISTRATION.

       Section 5108 is amended by
       (1) by striking subsection (b)(1)(C) and inserting the 
     following:
       ``(C) each State in which the person carries out any of the 
     activities.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Filing Schedule.--Each person required to file a 
     registration statement under subsection (a) of this section 
     shall file that statement annually in accordance with 
     regulations issued by the Secretary.'';
       (3) by striking ``552(f)'' in subsection (f) and inserting 
     ``552(b)'';
       (4) by striking ``may'' in subsection (g)(1) and inserting 
     ``shall''; and
       (5) by inserting ``or an Indian tribe,'' in subsection 
     (1)(2)(B) after ``State,''.

     SEC. 205. SHIPPING PAPER RETENTION.

       Section 5110(e) is amended by striking the first sentence 
     and inserting ``After expiration of the requirement in 
     subsection (c) of this section, the person who provided the 
     shipping paper and the carrier required to maintain it under 
     subsection (a) of this section shall retain the paper or an 
     electronic image thereof, for a period of 1 year after the 
     shipping paper was provided to the carrier, to be accessible 
     through their respective principal places of business.''.

     SEC. 206. UNSATISFACTORY SAFETY RATING.

       Section 5113(d) is amended by striking ``Secretary, in 
     consultation with the Interstate Commerce Commission,'' and 
     inserting ``Secretary''.

     SEC. 207. PUBLIC SECTOR TRAINING CURRICULUM.

       Section 5115 is amended by--
       (1) by striking ``Development and updating.--Not later than 
     November 16, 1992, in'' in subsection (a) and inserting 
     ``Updating.--In'';
       (2) by striking ``develop and'' in the first sentence of 
     subsection (a);
       (3) by striking the second sentence of subsection (a);
       (4) by striking ``developed'' in the first sentence of 
     subsection (b);
       (5) by inserting ``or involving an alternative fuel 
     vehicle'' after ``material'' in subparagraphs (A) and (B) of 
     subsection (b)(1); and
       (6) by striking subsection (d) and inserting the following:
       ``(d) Distrubution and publication.--With the national 
     response team, the Secretary of Transportation may publish a 
     list of programs that use a course developed under this 
     section for training public sector employees to respond to an 
     accident or incident involving the transportation of 
     hazardous materials.''.

     SEC. 208. PLANNING AND TRAINING GRANTS.

       Section 5116 is amended by--
       (1) by striking ``of'' in the second sentence of subsection 
     (e) and inserting ``received by'';
       (2) by striking subsection (f) and inserting the following:
       ``(f) Monitoring and Technical Assistance.--The Secretary 
     of Transportation shall monitor public sector emergency 
     response planning and training for an accident or incident 
     involving hazardous material, Considering the results of the 
     monitoring, the Secretary shall provide technical assistance 
     to a State, political subdivision of a State and Indian tribe 
     for carrying out emergency response training and planning for 
     an accident or incident involving hazardous material and 
     shall coordinate the assistance using the existing 
     coordinating mechanisms of the National Response Team for 
     Oil and Hazardous Substances and, for radioactive 
     material, the Federal Radiological Preparedness 
     Coordinating Committee.''; and
       (3) by adding at the end thereof the following:
       ``(l) Small businesses.--The Secretary may authorize a 
     State or Indian tribe receiving a grant under this section to 
     use up to 25 percent of the amount of the grant to assist 
     small businesses in complying with regulations issued under 
     this chapter.''.

     SEC. 209. SPECIAL PERMITS AND EXCLUSIONS.

       (a) Section 5117 is amended by--
       (1) by striking the section caption and inserting the 
     following:

     ``Sec. 5117. Special permits and exclusions'';

       (2) by striking ``exemption'' each place it appears and 
     inserting ``special permit'';
       (3) by inserting ``authorizing variances'' after ``special 
     permit'' the first place it appears; and
       (4) by striking ``2'' and inserting ``4'' in subsection 
     (a)(2).
       (b) Section 5119(c) is amended by adding at the end thereof 
     the following:
       ``(4) Pending promulgation of regulations under this 
     subsection, States may participate in a program of uniform 
     forms and procedures recommended by the working group under 
     subsection (b).''
       (c) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5117 and inserting the 
     following:

``5117. Special permits and exclusions''.

     SEC. 210. ADMINISTRATION.

       (a) Section 5121 is amended by striking subsections (a), 
     (b), and (c) and redesignating subsections (d) and (e) as 
     subsections (a) and (b).
       (b) Section 5122 is amended by redesignating subsections 
     (a), (b), and (c) as subsections (d), (e), and (f), and by 
     inserting before subsection (d), as redesignated, the 
     following:
       ``(a) General authority.--To carry out this chapter, the 
     Secretary of Transportation may investigate, make reports, 
     issue subpoenas, conduct hearings, require the production of 
     records and property, take depositions, and conduct research, 
     development, demonstration, and training activities. After 
     notice and an opportunity for a hearing, the Secretary may 
     issue an order requiring compliance with this chapter or a 
     regulation prescribed under this chapter.
       ``(b) Records, Reports, and Information.--A person subject 
     to this chapter shall--
       ``(1) maintain records, make reports, and provide 
     information the Secretary by regulation or order requires; 
     and
       ``(2) make the records, reports, and information available 
     when the Secretary requests.
       ``(c) Inspection.--
       ``(1) The Secretary may authorize an officer, employee, or 
     agent to inspect, at a reasonable time and in a reasonable 
     way, records and property related to--
       ``(A) manufacturing, fabricating, marking, maintaining, 
     reconditioning, repairing, testing, or distributing a 
     packaging or a container for use by a person in transporting 
     hazardous material in commerce; or
       ``(B) the transportation of hazardous material in commerce.
       ``(2) An officer, employee, or agent under this subsection 
     shall display proper credentials when requested.''.

     SEC. 211. COOPERATIVE AGREEMENTS.

       Section 5121, as amended by section 310(a), is further 
     amended by adding at the end thereof the following:
       ``(c) Authority for Cooperative Agreements.--To carry out 
     this chapter, the Secretary may enter into grants, 
     cooperative agreements, and other transactions with a person, 
     agency or instrumentality of the United States, a unit of 
     State or local government, an Indian tribe, a foreign 
     government (in coordination with the State Department), an 
     educational institution, or other entity to further the 
     objectives of this chapter. The objectives of this chapter 
     include the conduct of research, development, demonstration, 
     risk assessment, emergency response planning and training 
     activities.''.

     SEC. 212. ENFORCEMENT.

       Section 5122, as amended by section 310(b), is further 
     amended by--
       (1) by inserting ``inspect,'' after ``may'' in the first 
     sentence of subsection (a);
       (2) by striking the last sentence of subsection (a) and 
     inserting: ``Except as provided in subsection (e) of this 
     section, the Secretary shall provide notice and an 
     opportunity for a hearing prior to issuing an order requiring 
     compliance with this chapter or a regulation, order, special 
     permit, or approval issued under this chapter.'';
       (2) by redesignating subsections (d), (e) and (f) as 
     subsections (f), (g) and (h), and inserting after subsection 
     (c) the following:
       ``(d) Other Authority.--
       ``(1) Inspection.--During inspections and investigations, 
     officers, employees, or agents of the Secretary may--
       ``(A) open and examine the contents of a package offered 
     for, or in, transportation when--
       ``(i) the package is marked, labeled, certified, placarded, 
     or otherwise represented as containing a hazardous material, 
     or
       ``(ii) there is an objectively reasonable and articulable 
     belief that the package may contain a hazardous material;
       ``(B) take a sample, sufficient for analysis, of material 
     marked or represented as a hazardous material or for which 
     there is an objectively reasonable and articulable belief 
     that the material may be a hazardous material, and analyze 
     that material;

[[Page S10980]]

       ``(C) when there is an objectively reasonable and 
     articulable belief that an imminent hazard may exist, prevent 
     the further transportation of the material until the 
     hazardous qualities of that material have been determined; 
     and
       ``(D) when safety might otherwise be compromised, authorize 
     properly qualified personnel to conduct the examination, 
     sampling, or analysis of a material.
       ``(2) Notification.--No package opened pursuant to this 
     subsection shall continue its transportation until the 
     officer, employee, or agent of the Secretary--
       ``(A) affixes a label to the package indicating that the 
     package was inspected pursuant to this subsection; and
       ``(B) notifies the shipper that the package was opened for 
     examination.
       ``(e) Emergency Orders.--
       ``(1) If, through testing, inspection, investigation, or 
     research carried out under this chapter, the Secretary 
     decides that an unsafe condition or practice, or a 
     combination of them, causes an emergency situation involving 
     a hazard of death, personal injury, or significant harm to 
     the environment, the Secretary may immediately issue or 
     impose restrictions, prohibitions, recalls, or out-of-service 
     orders, without notice or the opportunity for a hearing, that 
     may be necessary to abate the situation.
       ``(2) The Secretary's action under this subsection must be 
     in a written order describing the condition or practice, or 
     combination of them, that causes the emergency situation; 
     stating the restrictions, prohibitions, recalls, or out-of-
     service orders being issued or imposed; and prescribing 
     standards and procedures for obtaining relief from the order.
       ``(3) After taking action under this subsection, the 
     Secretary shall provide an opportunity for review of that 
     action under section 554 of title 5.
       ``(4) If a petition for review is filed and the review is 
     not completed by the end of the 30-day period beginning on 
     the date the petition was filed, the action will cease to be 
     effective at the end of that period unless the Secretary 
     determines in writing that the emergency situation still 
     exists.''

     SEC. 213. PENALTIES.

       ``(a) Section 5123(a)(1) is amended by striking the first 
     sentence and inserting the following: ``A person that 
     knowingly violates this chapter or a regulation, order, 
     special permit, or approval issued under this chapter is 
     liable to the United States Government for a civil penalty of 
     at least $250 but not more than $27,500 for each 
     violation.''.
       ``(b) Section 5123(c)(2) is amended to read as follows:
       ``(2) with respect to the violator, the degree of 
     culpability, any good-faith efforts to comply with the 
     applicable requirements, any history of prior violations, any 
     economic benefit resulting from the violation, the ability to 
     pay, and any effect on the ability to continue to do 
     business; and''.
       (c) Section 5124 is amended to read as follows:

     ``Sec. 5124. Criminal penalty

       ``(a) In General.--A person knowingly violating section 
     5104(b) of this title or willfully violating this chapter or 
     a regulation, order, special permit, or approval issued under 
     this chapter, shall be fined under title 18, imprisoned for 
     not more than 5 years, or both.
       ``(b) Aggravated Violations.--A person knowingly violating 
     section 5104(b) of this title or willfully violating this 
     chapter or a regulation, order, special permit, or approval 
     issued under this chapter, and thereby causing the release of 
     a hazardous material, shall be fined under title 18, 
     imprisoned for not more than 20 years, or both.''.

     SEC. 214. PREEMPTION.

       (a) Requirements Contrary to Purposes of Chapter.--Section 
     5125(a)(2) is amended by inserting a comma and ``the purposes 
     of this chapter,'' after ``this chapter'' the first place it 
     appears.
       (b) Deadwood.--Section 5125(b)(2) is amended by striking 
     ``prescribes after November 16, 1990.'' and inserting 
     ``prescribes.''.
       (c) Independent Application of Preemption Standards.--
     Section 5125 is amended by adding at the end thereof the 
     following:
       ``(h) Independent Application of Each Standard.--Each 
     preemption standard in subsections (a), (b)(1), (c), and (g) 
     of this section and section 5119(c)(2) is independent in its 
     application to a requirement of any State, political 
     subdivision of a State, or Indian tribe.''.

     SEC. 215. JUDICIAL REVIEW.

       (a) Chapter 51 is amended by redesignating section 5127 as 
     section 5128, and by inserting after section 5126 the 
     following new section:

     ``Sec. 5127. Judicial review

       ``(a) Filing and Venue.--Except as provided in section 
     20114(c) of this title, a person disclosing a substantial 
     interest in a final order issued, under the authority of 
     section 5122 or 5123 of this title, by the Secretary of 
     Transportation, the Administrators of the Research and 
     Special Programs Administration, the Federal Aviation 
     Administration, or the Federal Highway Administration, or the 
     Commandant of the United States Coast Guard (`modal 
     Administrator'), with respect to the duties and powers 
     designated to be carried out by the Secretary under this 
     chapter, may apply for review in the United States Court 
     of Appeals for the District of Columbia or in the court of 
     appeals for the United States for the circuit in which the 
     person resides or has its principal place of business. The 
     petition must be filed not more than 60 days after the 
     order is issued. The court may allow the petition to be 
     filed after the 60th day only if there are reasonable 
     grounds for not filing by the 60th day.
       ``(b) Judicial Procedures.--When a petition is filed under 
     subsection (a) of this section, the clerk of the court 
     immediately shall send a copy of the petition to the 
     Secretary or the modal Administrator, as appropriate. The 
     Secretary or the modal Administrator shall file with the 
     court a record of any proceeding in which the order was 
     issued, as provided in section 2112 of title 28.
       ``(c) Authority of Court.--When the petition is sent to the 
     Secretary or the modal Administrator, the court has exclusive 
     jurisdiction to affirm, amend, modify, or set aside any part 
     of the order and may order the Secretary or the modal 
     Administrator to conduct further proceedings. After 
     reasonable notice to the Secretary or the modal 
     Administrator, the court may grant interim relief by staying 
     the order or taking other appropriate action when good cause 
     for its action exists. Findings of fact by the Secretary or 
     the modal Administrator, if supported by substantial 
     evidence, are conclusive.
       ``(d) Requirement for Prior Objection.--In reviewing a 
     final order under this section, the court may consider an 
     objection to a final order of the Secretary or the modal 
     Administrator only if the objection was made in the course of 
     a proceeding or review conducted by the Secretary, the modal 
     Administrator, or an administrative law judge, or if there 
     was a reasonable ground for not making the objection in the 
     proceeding.
       ``(e) Supreme Court Review.--A decision by a court under 
     this section may be reviewed only by the Supreme Court under 
     section 1254 of title 28, United States Code.''.
       (b) The chapter analysis for chapter 51 is amended by 
     striking the item related to section 5127 and inserting the 
     following:

``5127. Judicial review.''.
``5128. Authorization of appropriations.''.

     SEC. 216. HAZARDOUS MATERIAL TRANSPORTATION REAUTHORIZATION.

       (a) In General.--Chapter 51, as amended by section 215 of 
     this Act, is amended by redesignating section 5128 as section 
     5129 and by inserting after section 5127 the following:

     ``Sec. 5128. High risk hazardous material; motor carrier 
       safety study

       ``(a) Study.--The Secretary of Transportation shall conduct 
     a study--
       ``(1) to determine the safety benefits and administrative 
     efficiency of implementing a Federal permit program for high 
     risk hazardous material carriers;
       ``(2) to identify and evaluate alternative regulatory 
     methods and procedures that may improve the safety of high 
     risk hazardous material carriers and shippers;
       ``(3) to examine the safety benefits of increased 
     monitoring of high risk hazardous material carriers, and the 
     costs, benefits, and procedures of existing State permit 
     programs;
       ``(4) to make such recommendations as may be appropriate 
     for the improvement of uniformity among existing State permit 
     programs; and
       ``(5) to assess the potential of advanced technologies for 
     improving the assessment of high risk hazardous material 
     carriers' compliance with motor carrier safety regulations.
       ``(b) Timeframe.--The Secretary shall begin the study 
     required by subsection (a) within 6 months after the date of 
     enactment of the Intermodal Transportation Safety Act of 
     1997 and complete it within 30 months.
       ``(c) Report.--The Secretary shall report the findings of 
     the study required by subsection (a), together with such 
     recommendations as may be appropriate, within 36 months after 
     the date of enactment of that Act.''.
       (b) Section 5109 Regulations To Reflect Study Findings.--
     Section 5109(h) is amended by striking ``not later than 
     November 16, 1991.'' and inserting ``based upon the findings 
     of the study required by section 5128(a).''.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     51, as amended by section 315, is amended by striking the 
     item relating to section 5128 and inserting the following:

``5128. High risk hazardous material; motor carrier safety study
``5129. Authorization of appropriations''.

     SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

       Section 5129, as redesignated, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) General.--There are authorized to be appropriated to 
     the Secretary of Transportation to carry out this chapter 
     (except sections 5107(e), 5108(g)(2), 5113, 5115, and 5116) 
     not more than--
       ``(1) $15,492,000 for fiscal year 1998;
       ``(2) $16,000,000 for fiscal year 1999;
       ``(3) $16,500,000 for fiscal year 2000;
       ``(4) $17,000,000 for fiscal year 2001;
       ``(5) $17,500,000 for fiscal year 2002; and
       ``(6) $18,000,000 for fiscal year 2003.''; and
       (2) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Training Curriculum.--Not more than $200,000 is 
     available to the Secretary of Transportation from the account 
     established under section 5116(i) of this title for each of 
     the fiscal years ending September 30, 1999-2003, to carry out 
     section 5115 of this title.
       ``(d) Planning and Training.--
       ``(1) Not more than $2,444,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) of this title for the fiscal year 
     ending September 30, 1998, and such sums as may be necessary 
     for fiscal years 1999-2003, to carry out section 5116(a) of 
     this title.

[[Page S10981]]

       ``(2) Not more than $3,666,000 is available to the 
     Secretary of Transportation from the account established 
     under section 5116(i) of this title for the fiscal year 
     ending September 30, 1998, and such sums as may be necessary 
     for fiscal years 1999-2003, to carry out section 5116(b) of 
     this title.
       ``(3) Not more than $600,000 is available to the Secretary 
     of Transportation from the account established under section 
     5116(i) of this title for the fiscal year ending September 
     30, 1998, and such sums as may be necessary for fiscal years 
     1999-2003, to carry out section 5116(f) of this title.''.

             TITLE III--COMPREHENSIVE ONE-CALL NOTIFICATION

     SEC. 301. FINDINGS.

       The Congress finds that--
       (1) unintentional damage to underground facilities during 
     excavation is a significant cause of disruptions in 
     telecommunications, water supply, electric power and other 
     vital public services, such as hospital and air traffic 
     control operations, and is a leading cause of natural gas and 
     hazardous liquid pipeline accidents;
       (2) excavation that is performed without prior notification 
     to an underground facility operator or with inaccurate 
     marking of such a facility prior to excavation can cause 
     damage that results in fatalities, serious injuries, harm to 
     the environment and disruption of vital services to the 
     public; and
       (3) protection of the public and the environment from the 
     consequences of underground facility damage caused by 
     excavations will be enhanced by a coordinated national effort 
     to improve one-call notification programs in each State and 
     the effectiveness and efficiency of one-call notification 
     systems that operate under such programs.

     SEC. 302. ESTABLISHMENT OF ONE-CALL NOTIFICATION PROGRAMS.

       (a) In general.--Subtitle III is amended by adding at the 
     end thereof the following:

              ``Chapter 61. One-Call Notification Programs

``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs
``6104. Compliance with minimum standards
``6105. Review of one-call system best practices
``6106. Grants to States
``6107. Authorization of appropriations

     `Sec. 6101.  Purposes.

       ``The purposes of this chapter are--
       ``(1) to enhance public safety;
       ``(2) to protect the environment;
       ``(3) to minimize risks to excavators; and
       ``(4) to prevent disruption of vital public services,

     by reducing the incidence of damage to underground facilities 
     during excavation through the adoption and efficient 
     implementation by all States of State one-call notification 
     programs that meet the minimum standards set forth under 
     section 6103.

     ``Sec. 6102.  Definitions.

       ``For purposes of this chapter--
       ``(1) One-call notification system.--The term ``one-call 
     notification system'' means a system operated by an 
     organization that has as one of its purposes to receive 
     notification from excavators of intended excavation in a 
     specified area in order to disseminate such notification to 
     underground facility operators that are members of the system 
     so that such operators can locate and mark their facilities 
     on order to prevent damage to underground facilities in the 
     course of such excavation.
       ``(2) State one-call notification program--The term ``State 
     one-call notification program'' means the State statutes, 
     regulators, orders, judicial decisions, and other elements of 
     law and policy in effect in a State that establish the 
     requirements for the operation of one-call notification 
     systems in such State.
       ``(3) State.--The term `State' means a State, the District 
     of Columbia, and Puerto Rico.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.

     ``Sec. 6103.  Minimum standards for State one-call 
       notification programs

       (a) Minimum Standards.--A State one-call notification 
     program shall, at a minimum, provide for--
       (1) appropriate participation by all under ground facility 
     operators;
       (2) appropriate participation by all excavators; and
       ``(3) flexible and effective enforcement under State law 
     with respect to participation in, and use of, one-call 
     notification systems.
       ``(b) Appropriate Participation.--In determining the 
     appropriate extent of participation required for types of 
     underground facilities or excavators under subsection (a), a 
     State shall assess, rank, and take into consideration the 
     risks to the public safety, the environment, excavators, and 
     vital public services associated with--
       ``(1) damage to types of underground facilities; and
       ``(2) activities of types of excavators.
       ``(c) Implementation.--A State one-call notification 
     program also shall, at a minimum, provide for--
       ``(1) consideration of the ranking of risks under 
     subsection (b) in the enforcement of its provisions;
       ``(2) a reasonable relationship between the benefits of 
     one-call notification and the cost of implementing and 
     complying with the requirements of the State one-call 
     notification program; and
       ``(3) voluntary participation where the State determines 
     that a type of underground facility or an activity of a type 
     of excavator poses a de minimis risk to public safety or the 
     environment.
       ``(d) Penalties.--To the extent the State determines 
     appropriate and necessary to achieve the purposes of this 
     chapter, a State one-call notification program shall, at a 
     minimum, provide for--
       ``(1) administrative or civil penalties commensurate with 
     the seriousness of a violation by an excavator or facility 
     owner of a State one-call notification program;
       ``(2) increased penalties for parties that repeatedly 
     damage underground facilities because they fail to use one-
     call notification systems or for parties that repeatedly fail 
     to provide timely and accurate marking after the required 
     call has been made to a one-call notification system;
       ``(3) reduced or waived penalties for a violation of a 
     requirement of a State one-call notification program that 
     results in, or could result in, damage that is promptly 
     reported by the violator;
       ``(4) equitable relief; and
       ``(5) citation of violations.

     ``Sec. 6104. Compliance with minimum standards

       ``(a) Requirement.--In order to qualify for a grant under 
     section 6106, each State shall, within 2 years after the date 
     of the enactment of the Intermodal Transportation Safety Act 
     of 1997, submit to the Secretary a grant application under 
     subsection (b).
       ``(b) Application.--
       ``(1) Upon application by a State, the Secretary shall 
     review that State's one-call notification program, including 
     the provisions for implementation of the program and the 
     record of compliance and enforcement under the program.
       ``(2) Based on the review under paragraph (1), the 
     Secretary shall determine whether the State's one-call 
     notification program meets the minimum standards for such a 
     program set forth in section 6103 in order to qualify for a 
     grant under section 6106.
       ``(3) In order to expedite compliance under this section, 
     the Secretary may consult with the State as to whether an 
     existing State one-call notification program, a specific 
     modification thereof, or a proposed State program would 
     result in a positive determination under paragraph (2).
       ``(4) The Secretary shall prescribe the form of, and manner 
     of filing, an application under this section that shall 
     provide sufficient information about a State's one-call 
     notification program for the Secretary to evaluate its 
     overall effectiveness. Such information may include the 
     nature and reasons for exceptions from required 
     participation, the types of enforcement available, and 
     such other information as the Secretary deems necessary.
       ``(5) The application of a State under paragraph (1) and 
     the record of actions of the Secretary under this section 
     shall be available to the public.
       ``(c) Alternative Program.--A State may maintain an 
     alternative once-call notification program if that program 
     provides protection for public safety, the environment, or 
     excavators that is equivalent to, or greater than, protection 
     under a program that meets the minimum standards set forth in 
     section 6103.
       ``(d) Report.--Within 3 years after the date of the 
     enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary shall begin to include the following 
     information in reports submitted under section 60124 of this 
     title--
       ``(1) a description of the extent to which each State has 
     adopted and implemented the minimum Federal standards under 
     section 6103 or maintains an alternative program under 
     subsection (c);
       ``(2) an analysis by the Secretary of the overall 
     effectiveness of the State's one-call notification program 
     and the one-call notification systems operating under such 
     program in achieving the purposes of this chapter;
       ``(3) the impact of the State's decisions on the extent of 
     required participation in one-call notification systems on 
     prevention of damage to underground facilities; and
       ``(4) areas where improvements are needed in one-call 
     notification systems in operation in the State.

     The report shall also include any recommendations the 
     Secretary determines appropriate. If the Secretary determines 
     that the purposes of this chapter have been substantially 
     achieved, no further report under this section shall be 
     required.

     ``Sec. 6105. Review of one-call system best practices

       ``(a) Study of Existing One-call Systems.--Except as 
     provided in subsection (d), the Secretary, in consultation 
     with other appropriate Federal agencies, State agencies, one-
     call notification system operators, underground facility 
     operators, excavators, and other interested parties, shall 
     undertake a study of damage prevention practices associated 
     with existing one-call notification systems.
       ``(b) Purpose of Study of Damage Prevention Practices.--The 
     purpose of the study is to assemble information in order to 
     determine which existing one-call notification systems 
     practices appear to be the most effective in preventing 
     damage to underground facilities and in protecting the 
     public, the environment, excavators, and public

[[Page S10982]]

     service disruption. As part of the study, the Secretary shall 
     at a minimum consider--
       ``(1) the methods used by one-call notification systems and 
     others to encourage participation by excavators and owners of 
     underground facilities;
       ``(2) the methods by which one-call notification systems 
     promote awareness of their programs, including use of public 
     service announcements and educational materials and programs;
       ``(3) the methods by which one-call notification systems 
     receive and distribute information from excavators and 
     underground facility owners;
       ``(4) the use of any performance and service standards to 
     verify the effectiveness of a one-call notification system;
       ``(5) the effectiveness and accuracy of mapping used by 
     one-call notification systems;
       ``(6) the relationship between one-call notification 
     systems and preventing intentional damage to underground 
     facilities;

                           *   *   *   *   *

     sections 31137 and 31138) or section 31502 of this title 
     about transportation by motor carrier, motor carrier of 
     migrant workers, or motor private carrier, or an officer, 
     agent, or employee of that person, who--
       ``(I) does not make that report;
       ``(II) does not specifically, completely, and truthfully 
     answer that question in 30 days from the date the Secretary 
     requires the question to be answered or;
       ``(III) does not make, prepare, or preserve that record in 
     the form and manner prescribed by the Secretary, shall be 
     liable to the United States for a civil penalty in an amount 
     not to exceed $500 for each offense, and each day of the 
     violation shall constitute a separate offense, except that 
     the total of all civil penalties assessed against any 
     violator for all offenses related to any single violation 
     shall not exceed $5,000.
       ``(ii) Any such person, or an officer, agent, or employee 
     of that person, who--
       ``(I) knowingly falsifies, destroys, mutilates, or changes 
     a required report or record;
       ``(II) knowingly files a false report with the Secretary;
       ``(III) knowingly makes or causes or permits to be made a 
     false or incomplete entry in that record about an operation 
     or business fact or transaction; or
       ``(IV) knowingly makes, prepares, or preserves a record in 
     violation of a regulation or order of the Secretary, shall be 
     liable to the United States for a civil penalty in an amount 
     not to exceed $5,000 for each violation, provided that any 
     such action can be shown to have misrepresented a fact that 
     constitutes a violation other than a reporting or 
     recordkeeping violation.''.

     SEC. 414. INTERNATIONAL REGISTRATION PLAN AND INTERNATIONAL 
                   FUEL TAX AGREEMENT.

       Chapter 317 is amended--
       (1) by striking sections 31702, 31703, and 31708; and
       (2) by striking the item relating to sections 31702, 31703, 
     and 31708 in the chapter a analysis for that chapter.

     SEC. 415. STUDY OF ADEQUACY OF PARKING FACILITIES.

       The Secretary shall conduct studies to determine the 
     location and quantity of parking facilities at commercial 
     truck stops and travel plazas and public rest area that could 
     be used by motor carriers to comply with Federal hours-of-
     service rules. Each study shall include an inventory of 
     current facilities serving corridors of the National Highway 
     System, analyze where specific shortages exist or are 
     projected to exist, and propose a specific plan to reduce the 
     shortages. The studies may be carried out in cooperation with 
     research entities representing the motor carrier and travel 
     plaza industry. The studies shall be recompleted no later 
     than 36 months after enactment of this Act.

     SEC. 416. NATIONAL MINIMUM DRINKING AGE--TECHNICAL 
                   CORRECTIONS

       Section 158 of title 23, United States Code, is amenmded--
       (1) by striking ``104(b)(2), 104(b)(5), and 104(b)(6)'' 
     each place it appears in subsection (a) and inserting 
     ``104(b)(3), and 104(b)(5)(B)''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Availability of Withheld Funds.--No funds withheld 
     under this section from apportionment to any State after 
     September 31, 1988, shall be available for apportionment to 
     such State.''.

     SEC. 3417. APPLICATION OF REGULATIONS.

       (a) Application of Regulations to Certain Commercial Motor 
     Vehicles.--Section 31135 as redesignated, is amended by 
     adding at the end thereof the following:
       ``(g) Application to Certain Vehicles.--Effective 12 months 
     after the date of enactment of the Intermodal Transportation 
     Safety Act of 1997, regulations prescribed under this section 
     shall apply to operators of commercial motor vehicles 
     described in section 31132(1)(B) to the extent that those 
     regulations did not apply to those operators before the day 
     that is 12 months after such date of enactment, except to the 
     extent that the Secretary determines, through a rulemaking 
     proceeding, that it is appropriate to exempt such operations 
     of commercial motor vehicles from the application of those 
     regulations.''.
       (b) Definition.--Section 31301(4)(B) is amended to read as 
     follows:
       ``(B) is designed or used to transport--
       ``(i) passengers for compensation, but does not include a 
     vehicle providing taxicab service and having a capacity of 
     not more than 6 passengers and not operated on a regular 
     route or between specified places; or
       ``(ii) more than 15 passengers, including the driver, and 
     not used to transport passengers for compensation; or''.
       (c) Application of Regulations to Certain Operators.--
       (1) Chapter 313 is amended by adding at the end thereof the 
     following:

     ``Sec. 31318. Application of regulations to certain operators

       ``Effective 12 months after the date of enactment of the 
     Intermodal Transportation Safety Act of 1997, regulations 
     prescribed under this chapter shall apply to operators of 
     commercial motor vehicles described in section 31301(4)(B) to 
     the extent that those regulations did not apply to those 
     operators before the day that is 1 year after such date of 
     enactment, except to the extent that the Secretary 
     determines, after notice and opportunity for public comment, 
     that it is appropriate to exempt such operators of commercial 
     motor vehicles from the application of those regulations.''.
       (d) Deadline for Certain Definitional Regulations.--The 
     Secretary shall issue regulations implementing the definition 
     of commercial motor vehicles under section 31132(1)(B) and 
     section 31301(4)(B) of title 49, United States Code, as 
     amended by this Act within 12 months after the date of 
     enactment of this Act.

     SEC. 418. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

       Section 14501(a) is amended--
       (1) by striking ``route or relating'' and inserting 
     ``route;''; and
       (2) by striking ``required.'' and inserting ``required; or 
     to the authority to provide intrastate or interstate charter 
     bus transportation.''.

     SEC. 419. FEDERAL MOTOR CARRIER SAFETY INVESTIGATIONS.

       The Department of Transportation shall maintain the level 
     of Federal motor carrier safety investigators for border 
     commercial vehicle inspections as in effect on September 30, 
     1997, or provide for alternative resources and mechanisms to 
     ensure an equivalent level of commercial motor vehicle safety 
     inspections. Such funds as are necessary to carry out this 
     section shall be made available within the limitation on 
     general operating expenses of the Department of 
     Transportation.

     SEC. 420. FOREIGN MOTOR CARRIER SAFETY FITNESS.

       (a) In General.--No later than 90 days after enactment of 
     this Act, the Secretary of Transportation shall make a 
     determination regarding the willingness and ability of any 
     foreign motor carrier, the application for which has not been 
     processed due to the moratorium on the granting of authority 
     to foreign carriers to operate in the United States, to meet 
     the safety fitness and other regulatory requirements under 
     this title.
       (b) Report.--Within 120 days after the date of enactment 
     this Act, the Secretary of Transportation shall submit a 
     report to the Senate Commerce, Science, and Transportation 
     Committee and the House Transportation and Infrastructure 
     Committee on the application of section 13902(c)(9) of title 
     49, United States Code. The report shall include--
       (1) any findings made by the Secretary under subsection 
     (a);
       (2) information on which carriers have applied to the 
     Department of Transportation under the section; and
       (3) a description of the process utilized to respond to 
     such applications and to certify the safety fitness of those 
     carriers.

     SEC. 421. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary of Transportation may 
     establish a Commercial Motor Vehicle Safety Advisory 
     Committee to provide advice and recommendations on a range of 
     regulatory issues. The members of the advisory committee 
     shall be appointed by the Secretary from among individuals 
     affected by rulemakings under consideration by the Department 
     of Transportation.
       (b) Function.--The Advisory Committee established under 
     subsection (a) shall provide advice to the Secretary on 
     commercial motor vehicle safety regulations and assist the 
     Secretary in timely completion of ongoing rulemakings by 
     utilizing negotiated rulemaking procedures.

     SEC. 422. WAIVERS; EXEMPTIONS; PILOT PROGRAMS.

       (a) Waivers, Exemptions, and Pilot Programs for Chapter 
     311.--Section 31136(e) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6); and
       (2) by striking the subsection caption and paragraph (1) 
     and inserting the following:
       ``(e) Waivers, Exemptions, and Pilot Programs.--
       ``(1) In general.--The Secretary shall, by regulation 
     promulgated after notice and an opportunity for public 
     comment and within 180 days after the date of enactment of 
     the Intermodal Transportation Safety Act of 1997, establish 
     procedures by which waivers, exemptions, and pilot programs 
     under this section may be initiated. The regulation shall 
     provide--
       ``(A) a process for the issuance of waivers or exemptions 
     from any part of a regulation prescribed under this section; 
     and

[[Page S10983]]

       ``(B) procedures for the conduct of pilot projects or 
     demonstration programs to support the appropriateness of 
     regulations, enforcement policies, waivers, or exemptions 
     under this section.
       ``(2) Waivers.--The Secretary may grant a waiver that 
     relieves a person from compliance in whole or in part with a 
     regulation issued under this section if the Secretary 
     determines that it is in the public interest to grant the 
     waiver and that the waiver is likely to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would obtain in the absence of the waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for non-emergency and unique events; and
       ``(D) subject to such conditions as the Secretary may 
     impose.
       ``(3) Exemptions.--The Secretary may grant an exemption in 
     whole or in part from a regulation issued under this section 
     to a class of persons, vehicles, or circumstances if the 
     Secretary determines, after notice and opportunity for public 
     comment, that it is in the public interest to grant the 
     exemption and that the exemption is likely to achieve a level 
     of safety that is equivalent to, or greater than, the level 
     of safety that would obtain in the absence of the exemption. 
     An exemption granted under this paragraph shall be in effect 
     for a period of not more than 2 years, but may be renewed by 
     the Secretary after notice and opportunity for public comment 
     if the Secretary determines, based on the safety impact and 
     results of the first 2 years of an exemption, that the 
     extension is in the public interest and that the extension of 
     the exemption is likely to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would obtain in the absence of the extension.
       ``(4) Pilot programs.--
       ``(A) In general.--In carrying out this section, the 
     Secretary is authorized to carry out pilot programs to 
     examine innovative approaches or alternatives to regulations 
     issued under this title.
       ``(B) Requirement for approval.--In carrying out a pilot 
     project under this paragraph, the Secretary shall require, as 
     a condition of approval of the project, that the safety 
     measures in the project are designed to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would otherwise be achieved through compliance 
     with the standards prescribed under this title.
       ``(C) Exemptions.--A pilot project under this paragraph--
       ``(i) may exempt a motor carrier under the project from any 
     requirement (or portion thereof) imposed under this title; 
     and
       ``(ii) shall preempt any State or local regulation that 
     conflicts with the pilot project during the time the pilot 
     project is in effect.
       ``(D) Revocation of exemption.--The Secretary shall revoke 
     an exemption granted under subparagraph (C) if--
       ``(i) the motor carrier to which it applies fails to comply 
     with the terms and conditions of the exemption; or
       ``(ii) the Secretary determines that the exemption has 
     resulted in a lower level of safety than was maintained 
     before the exemption was granted.''.
       (b) Waivers Exemptions, and Pilot Programs for Chapter 
     313.--Section 31315 is amended--
       (1) by inserting ``(a) In General.--'' before ``After 
     notice''; and
       (2) by adding at the end thereof the following: ``(b) 
     Waivers, Exemptions, and Pilot Programs.--
       ``(1) In general.--The Secretary shall, by regulation 
     promulgated after notice and an opportunity for public 
     comment and within 180 days after the date of enactment of 
     the Intermodal Transportation Safety Act of 1997, establish 
     procedures by which waivers, exemptions, and pilot programs 
     under this section may be initiated. The regulation shall 
     provide--
       ``(A) a process for the issuance of waivers or exemptions 
     from any part of a regulation prescribed under this section; 
     and
       ``(B) procedures for the conduct of pilot projects or 
     demonstration programs to support the appropriateness of 
     regulations, enforcement policies, or exemption under this 
     section.
       ``(2) Waivers.--The Secretary may grant a waiver that 
     relieves a person from compliance in whole or in part with a 
     regulation issued under this section if the Secretary 
     determines that it is in the public interest to grant the 
     waiver and that the waiver is likely to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would obtain in the absence of the waiver--
       ``(A) for a period not in excess of 3 months;
       ``(B) limited in scope and circumstances;
       ``(C) for non-emergency and unique events; and
       ``(D) subject to such conditions as the Secretary may 
     impose.
       ``(3) Exemptions.--The Secretary may grant an exemption in 
     whole or in part from a regulation issued under this section 
     to a class of persons, vehicles, or circumstances if the 
     Secretary determines, after notice and opportunity for 
     public comment, that it is in the public interest to grant 
     the exemption and that the exemption is likely to achieve 
     a level of safety that is equivalent to, or greater than, 
     the level of safety that would obtain in the absence of 
     the exemption. An exemption granted under this paragraph 
     shall be in effect for a period of not more than 2 years, 
     but may be renewed by the Secretary after notice and 
     opportunity for public comment if the Secretary 
     determines, based on the safety impact and results of the 
     first 2 years of an exemption, that the extension is in 
     the public interest and that the extension of the 
     exemption is likely to achieve a level of safety that is 
     equivalent to, or greater than, the level of safety that 
     would obtain in the absence of the extension.
       ``(4) Pilot programs.--
       ``(A) In general.--In carrying out this section, the 
     Secretary is authorized to carry out pilot programs to 
     examine innovative approaches or alternatives to regulations 
     issued under this title.
       ``(B) Requirement for approval.--In carrying out a pilot 
     project under this paragraph, the Secretary shall require, as 
     a condition of approval of the project, that the safety 
     measures in the project are designed to achieve a level of 
     safety that is equivalent to, or greater than, the level of 
     safety that would otherwise be achieved through compliance 
     with the standards prescribed under this title.
       ``(C) Exemptions.--A pilot project under this paragraph--
       ``(i) may exempt a motor carrier under the project from any 
     requirement (or portion thereof) imposed under this title; 
     and
       ``(ii) shall preempt any State or local regulation that 
     conflicts with the pilot project during the time the pilot 
     project is in effect.
       ``(D) Revocation of exemption.--The Secretary shall revoke 
     an exemption granted under subparagraph (C) if--
       ``(i) the motor carrier to which it applies fails to comply 
     with the terms and conditions of the exemption; or
       ``(ii) The Secretary determines that the exemption has 
     resulted in a lower level of safety than was maintained 
     before the exemption was granted.''.

     SEC. 423. COMMERCIAL MOTOR VEHICLE SAFETY STUDIES.

       (a) In General.--The Secretary of Transportation shall 
     conduct a study of the impact of safety and infrastructure of 
     tandem axle commercial motor vehicle operations in States 
     that permit the operation of such vehicles in excess of the 
     weight limits established by section 127 of title 23, United 
     States Code.
       (b) Cooperative Agreements with States.--The Secretary 
     shall enter into cooperative agreements with States described 
     in subsection (a) under which the States participate in the 
     collection of weight-in-motion data necessary to achieve the 
     purpose of the study. If the Secretary determines that 
     additional weight-in-motion sites, on or off the Dwight D. 
     Eisenhower System of Interstate and Defense Highways, are 
     necessary to carry out the study, and requests assistance 
     from the States in choosing appropriate locations, the States 
     shall identify the industries or transportation companies 
     operating within their borders that regularly utilize the 
     35,000 pound tandem axle.
       ``(c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Congress a report on the results of the study, together with 
     any related legislative or administrative recommendations. 
     Until the Secretary transmits the report to the Congress, 
     the Secretary may not withhold funds under section 104 of 
     title 23, United States Code, from any State for violation 
     of the grandfathered tandem axle weight limits under 
     section 127 of that title.

     SEC. 424. INCREASED MCSAP PARTICIPATION IMPACT STUDY.

       (a) In General.--If a State that did not receive its full 
     allocation of funding under the Motor Carrier Safety 
     Assistance Program during fiscal years 1996 and 1997 agrees 
     to enter into a cooperative agreement with the Secretary to 
     evaluate the safety impact, costs, and benefits of allowing 
     such State to continue to participate fully in the Motor 
     Carrier Safety Assistance Program, then the Secretary of 
     Transportation shall allocate to that State the full amount 
     of funds to which it would otherwise be entitled for fiscal 
     years 1998, 1999, 2000, 2001, 2002, and 2003. The Secretary 
     may not add conditions to the cooperative agreement other 
     than those directly relating to the accurate and timely 
     collection of inspection and crash data sufficient to 
     ascertain the safety and effectiveness of such State's 
     program.
       (b) Requirements.--
       (1) Report.--The State shall submit to the Secretary each 
     year the results of such safety evaluations.
       (2) Termination by Secretary.--If the Secretary finds such 
     an agreement not in the public interest based on the results 
     of such evaluations after 2 years of full participation, the 
     Secretary may terminate the agreement entered into under this 
     section.
       (c) Prohibition of Adoption of Lesser Standards.--No State 
     may enact or implement motor carrier safety regulations that 
     are determined by the Secretary to be less strict than those 
     in effect as of September 30, 1997.

      TITLE V--RAIL AND MASS TRANSPORTATION ANTI-TERRORISM; SAFETY

     SEC. 501. PURPOSE.

       The purpose of this title is to protect the passengers and 
     employees of railroad carriers and mass transportation 
     systems and the movement of freight by railroad from 
     terrorist attacks.

     SEC. 502. AMENDMENTS TO THE ``WRECKING TRAINS'' STATUTE.

       (a) Section 1992 of title 18, United States Code, is 
     amended to read as follows:

[[Page S10984]]

     ``Sec. 1992. Terrorist attacks against railroads

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails, sets fire to, or disables any train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(2) brings, carries, possesses, places or causes to be 
     placed any destructive substance, or destructive device in, 
     upon, or near any train, locomotive, motor unit, or freight 
     or passenger car used, operated, or employed by a railroad 
     carrier, without previously obtaining the permission of the 
     carrier, and with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(3) sets fire to, or places any destructive substance, or 
     destructive device in, upon or near, or undermines any 
     tunnel, bridge, viaduct, trestle, track, signal, station, 
     depot, warehouse, terminal, or any other way, structure, 
     property, or appurtenance used in the operation of, or in 
     support of the operation of, a railroad carrier, or otherwise 
     makes any such tunnel, bridge, viaduct, trestle, track, 
     station, depot, warehouse, terminal, or any other way, 
     structure, property, or appurtenance unworkable or unusable 
     or hazardous to work or use, knowing or having reason to know 
     such activity would likely derail, disable, or wreck a train, 
     locomotive, motor unit, or freight or passenger car used, 
     operated, or employed by a railroad carrier;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of any railroad signal system, 
     including a train control system, centralized dispatching 
     system, or highway-railroad grade crossing warning signal on 
     a railroad line used, operated, or employed by a railroad 
     carrier;
       ``(5) interferes with, disables or incapacitates any 
     locomotive engineer, conductor, or other person while they 
     are operating or maintaining a train, locomotive, motor unit, 
     or freight or passenger car used, operated, or employed by a 
     railroad carrier, with intent to endanger the safety of any 
     passenger or employee of the carrier, or with a reckless 
     disregard for the safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of a railroad 
     carrier while on the property of the carrier;
       ``(7) causes the release of a hazardous material being 
     transported by a rail freight car, with the intent to 
     endanger the safety of any person, or with a reckless 
     disregard for the safety of human life;
       ``(8) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(9) attempts, threatens, or conspires to do any of the 
     aforesaid acts,

     shall be fined under this title or imprisoned not more than 
     twenty years, or both, if such act is committed, or in the 
     case of a threat or conspiracy such act would be committed, 
     within the United States on, against, or affecting a railroad 
     carrier engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such acts, that 
     person travels or communicates across a State line in order 
     to commit such acts, or transports materials across a State 
     line in aid of the commission of such acts; Provided however, 
     that whoever is convicted of any crime prohibited by this 
     subsection shall be:
       ``(A) imprisoned for not less than thirty years or for life 
     if the railroad train involved carried high-level radioactive 
     waste or spent nuclear fuel at the time of the offense;
       ``(B) imprisoned for life if the railroad train involved 
     was carrying passengers at the time of the offense; and
       ``(C) imprisoned for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a passenger train of a 
     railroad carrier, or attempts to do so, shall be fined under 
     this title or imprisoned not more than one year, or both, if 
     such act is committed on a railroad carrier that is engaged 
     in or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a passenger train or in a passenger 
     terminal facility of a railroad carrier, or attempts to do 
     so, shall be fined under this title or imprisoned not more 
     than 5 years, or both, if such act is committed on a railroad 
     carrier that is engaged in or affecting interstate or foreign 
     commerce, or if in the course of committing such act, that 
     person travels or communicates across a State line in order 
     to commit such act, or transports materials across a State 
     line in aid of the commission of such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a passenger train or a passenger 
     terminal facility of a railroad carrier involving the use of 
     a firearm or other dangerous weapon, shall be punished as 
     provided in sections 1111, 1112, and 1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law;
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or a member of the Armed Forces if such 
     possession is authorized by law;
       ``(D) the possession of a firearm or other dangerous weapon 
     by a railroad police officer employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State, whether on or off duty; or
       ``(E) an individual transporting a firearm on board a 
     railroad passenger train (except a loaded firearm) in baggage 
     not accessible to any passenger on board the train, if the 
     railroad carrier was informed of the presence of the weapon 
     prior to the firearm being placed on board the train.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     locomotive or car of a train, knowing or having reason to 
     know such activity would likely cause personal injury, shall 
     be fined under this title or imprisoned for not more than 5 
     years, or both, if such act is committed on or against a 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce, or if in the course of committing such act, 
     that person travels or communicates across a State line in 
     order to commit such act, or transports materials across a 
     State line in aid of the commission of such act. Whoever is 
     convicted of any crime prohibited by this subsection by this 
     subsection shall also be subject to imprisonment for not more 
     than twenty years if the offense has resulted in the death of 
     any person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given to that term 
     in section 930 of this title;
       ``(3) `destructive substance' has the meaning given to that 
     term in section 31 of this title, except that (A) the term 
     `radioactive device' does not include any radioactive device 
     or material used solely for medical, industrial, research, or 
     other peaceful purposes, and (B) `destructive substance' 
     includes any radioactive device or material that could be 
     used to cause a harm listed in subsection (a) and that is not 
     in use solely for medical, industrial, research, or other 
     peaceful purposes;
       ``(4) `firearm' has the meaning given to that term in 
     section 921 of this title;
       ``(5) `hazardous material' has the meaning given to that 
     term in section 5102(2) of title 49, United States Code;
       ``(6) `high-level radioactive waste' has the meaning given 
     to that term in section 10101(12) of title 42, United States 
     Code;
       ``(7) `railroad' has the meaning given to that term in 
     section 20102(1) of title 49, United States Code;
       ``(8) `railroad carrier' has the meaning given to the term 
     in section 20102(2) of title 49, United States Code;
       ``(9) `serious bodily injury' has the meaning given to that 
     term in section 1365 of this title;
       ``(10) `spent nuclear fuel' has the meaning given to that 
     term in section 10101(23) of title 42, United States Code; 
     and
       ``(11) `State' has the meaning given to that term in 
     section 2266 of this title.''.
       (b) In the analysis of chapter 97 of title 18, United 
     States Code, item ``1992'' is amended to read:

``1992. Terrorist attacks against railroads''.

     SEC. 503. TERRORIST ATTACKS AGAINST MASS TRANSPORTATION.

       (a) Chapter 97 of title 18, United States Code, is amended 
     by adding at the end thereof the following new section:

     ``Sec. 1994. Terrorist attacks against mass transportation

       ``(a) General Prohibitions.--Whoever willfully--
       ``(1) wrecks, derails sets fire to, or disables a mass 
     transportation vehicle or vessel;
       ``(2) places or causes to be placed any destructive 
     substance in, upon, or near a mass transportation vehicle or 
     vessel, without previously obtaining the permission of the 
     mass transportation provider, and with intent to endanger the 
     safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(3) sets fire to, or places any destructive substance in, 
     upon, or near any garage, terminal, structure, supply, or 
     facility used in the operation of, or in support of the 
     operation of, a mass transportation vehicle, knowing or 
     having reason to know such activity would likely derail, 
     disable, or wreck a mass transportation vehicle used, 
     operated, or employed by mass transportation provider;
       ``(4) removes appurtenances from, damages, or otherwise 
     impairs the operation of a mass transportation signal system, 
     including

[[Page S10985]]

     a train control system, centralized dispatching system, or 
     rail grade crossing warning signal;
       ``(5) interferes with, disables or incapacitates any driver 
     or person while they are employed in operating or maintaining 
     a mass transportation vehicle or vessel, with intent to 
     endanger the safety of any passenger or employee of the mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life;
       ``(6) commits an act intended to cause death or serious 
     bodily injury to an employee or passenger of mass 
     transportation provider on the property of a mass 
     transportation provider;
       ``(7) conveys or causes to be conveyed false information, 
     knowing the information to be false, concerning an attempt or 
     alleged attempt being made or to be made, to do any act which 
     would be a crime prohibited by this subsection; or
       ``(8) attempts, threatens, or conspires to do any of the 
     aforesaid acts--shall be fined under this title or imprisoned 
     not more than twenty years, or both, if such act is 
     committed, or in the case of a threat or conspiracy such act 
     would be committed, within the United States on, against, or 
     affecting a mass transportation provider engaged in or 
     affecting interstate or foreign commerce, or if in the course 
     of committing such act, that person travels or communicates 
     across a State line in order to commit such act, or 
     transports materials across a State line in aid of the 
     commission of such act. Whoever is convicted of a crime 
     prohibited by this section shall also be subject to 
     imprisonment for life if the mass transportation vehicle or 
     vessel was carrying a passenger at the time of the offense, 
     and imprisonment for life or sentenced to death if the 
     offense has resulted in the death of any person.
       ``(b) Prohibitions on the Use of Firearms and Dangerous 
     Weapons.--
       ``(1) Except as provided in paragraph (4), whoever 
     knowingly possesses or causes to be present any firearm or 
     other dangerous weapon on board a mass transportation vehicle 
     or vessel, or attempts to do so, shall be fined under this 
     title or imprisoned not more than one year, or both, if such 
     act is committed on a mass transportation provider engaged in 
     or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(2) Whoever, with intent that a firearm or other 
     dangerous weapon be used in the commission of a crime, 
     knowingly possesses or causes to be present such firearm or 
     dangerous weapon on board a mass transportation vehicle or 
     vessel, or in a mass transportation passenger terminal 
     facility, or attempts to do so, shall be fined under this 
     title, or imprisoned not more than 5 years, or both, if such 
     act is committed on a mass transportation provider engaged in 
     or affecting interstate or foreign commerce, or if in the 
     course of committing such act, that person travels or 
     communicates across a State line in order to commit such act, 
     or transports materials across a State line in aid of the 
     commission of such act.
       ``(3) A person who kills or attempts to kill a person in 
     the course of a violation of paragraphs (1) or (2), or in the 
     course of an attack on a mass transportation vehicle or 
     vessel, or a mass transportation passenger terminal facility 
     involving the use of a firearm or other dangerous weapon, 
     shall be punished as provided in sections 1111, 1112, and 
     1113 of this title.
       ``(4) Paragraph (1) shall not apply to:
       ``(A) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while engaged in 
     the lawful performance of official duties, who is authorized 
     by law to engage in the transportation of people accused or 
     convicted of crimes, or supervise the prevention, detection, 
     investigation, or prosecution of any violation of law;
       ``(B) the possession of a firearm or other dangerous weapon 
     by an officer, agent, or employee of the United States, a 
     State, or a political subdivision thereof, while off duty, if 
     such possession is authorized by law'
       ``(C) the possession of a firearm or other dangerous weapon 
     by a Federal official or member of the Armed Forces if such 
     possession is authorized by law;
       ``(D) the possession of a firearm of other dangerous weapon 
     by a railroad police officer employed by a rail carrier and 
     certified or commissioned as a police officer under the laws 
     of a State, whether on or off duty; or
       ``(E) an individual transporting a firearm on board a mass 
     transportation vehicle or vessel (except a loaded firearm) in 
     baggage not accessible to any passenger on board the vehicle 
     or vessel, if the mass transportation provider was informed 
     of the presence of the weapon prior to the firearm being 
     placed on board the vehicle or vessel.
       ``(c) Prohibition Against Propelling Objects.--Whoever 
     willfully or recklessly throws, shoots, or propels a rock, 
     stone, brick, or piece of iron, steel, or other metal or any 
     deadly or dangerous object or destructive substance at any 
     mass transportation vehicle or vessel, knowing or having 
     reason to know such activity would likely cause personal 
     injury, shall be fined under this title or imprisoned for 
     not more than 5 years, or both, if such act is committed 
     on or against a mass transportation provider engaged in or 
     substantially affecting interstate or foreign commerce, or 
     if in the course of committing such acts, that person 
     travels or communicates across a State line in order to 
     commit such acts, or transports materials across a State 
     line in aid of the commission of such acts. Whoever is 
     convicted of any crime prohibited by this subsection shall 
     also be subject to imprisonment for not more than twenty 
     years if the offense has resulted in the death of any 
     person.
       ``(d) Definitions.--In this section--
       ``(1) `dangerous device' has the meaning given to that term 
     in section 921(a)(4) of this title;
       ``(2) `dangerous weapon' has the meaning given to that term 
     in section 930 of this title;
       ``(3) `destructive substance' has the meaning given to that 
     term in section 31 of this title, except that (A) the term 
     `radioactive device' does not include any radioactive device 
     or material used solely for medical, industrial, research, or 
     other peaceful purposes, and (B) `destructive substance' 
     includes any radioactive device or material that can be used 
     to cause a harm listed in subsection (a) and that is not in 
     use solely for medical, industrial, research, or other 
     peaceful purposes;
       ``(4) `firearm' had the meaning given to that term in 
     section 921 of this title;
       ``(5) `mass transportation' has the meaning given to that 
     term in section 5302(a)(7) of title 49, United States Code, 
     except that the term shall include schoolbus, charter, and 
     sightseeing transportation;
       ``(6) serious bodily injury' has the meaning given to that 
     term in section 1365 of this title, and
       ``(7) `State' has the meaning given to that term in section 
     2266 of this title.''.
       (b) The analysis of chapter 97 of title 18, United States 
     Code, is amended by adding at the end thereof:
``1994. Terrorist attacks against mass transportation.''.

     SEC. 504. INVESTIGATIVE JURISDICTION.

       The Federal Bureau of Investigation shall lead the 
     investigation of all offenses under sections 1192 and 1994 of 
     title 18, United States Code. The Federal Bureau of 
     Investigation shall cooperate with the National 
     Transportation Safety Board and with the Department of 
     Transportation in safety investigations by these agencies, 
     and with the Treasury Department's Bureau of Alcohol, Tobacco 
     and Firearms concerning an investigation regarding the 
     possession of firearms and explosives.

     SEC. 505. SAFETY CONSIDERATIONS IN GRANTS OR LOANS TO 
                   COMMUTER RAILROADS.

       Section 5329 is amended by adding at the end the following:
       ``(c) Commuter Railroad Safety Considerations.--In making a 
     grant or loan under this chapter that concerns a railroad 
     subject to the Secretary's railroad safety jurisdiction under 
     section 20102 of this title, the Federal Transit 
     Administrator shall consult with the Federal Railroad 
     Administrator concerning relevant safety issues. The 
     Secretary may use appropriate authority under this chapter, 
     including the authority to prescribe particular terms or 
     convenants under section 5334 of this title, to address any 
     safety issues identified in the project supported by the loan 
     or grant.''.

     SEC. 506. RAILROAD ACCIDENT AND INCIDENT REPORTING.

       Section 20901(a) is amended to read as follows:
       ``(a) General Requirements.--On a periodic basis not more 
     frequent than monthly, as specified by the Secretary of 
     Transportation, a railroad carrier shall file a report with 
     the Secretary on all accidents and incidents resulting in 
     injury or death to an individual or damage to equipment or a 
     roadbed arising from the carrier's operations during that 
     period. The report shall state the nature, cause, and 
     circumstances of each reported accident or incident. If a 
     railroad carrier assigns human error as a cause, the report 
     shall include, at the option of each employee whose error 
     is alleged, a statement by the employee explaining any 
     factors the employee alleges contributed to the accident 
     or incident.''.

     SEC. 507. VEHICLE WEIGHT LIMITATIONS--MASS TRANSPORTATION 
                   BUSES.

       Section 1023(h)(1) of the Intermodal Surface Transportation 
     Efficiency Act of 1991, as amended (23 U.S.C. 127 note), is 
     amended by striking ``the date on which'' and all that 
     follows through ``1995'' and inserting ``January 1, 2003''.

               TITLE--VI SPORTFISHING AND BOATING SAFETY

     SEC. 601. AMENDMENT OF 1950 ACT.

       Whenver in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision of the 1950 Act, the reference shall be considered 
     to be made to a section or other provision of the Act 
     entitled ``An Act to provide that the United States shall aid 
     the States in fish restoration and management projects, and 
     for other purposes,'' approved August 9, 1950 (16 U.S.C. 777 
     et seq.).

     SEC. 602. OUTREACH AND COMMUNICATIONS PROGRAMS.

       (a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 
     777a) is amended--
       (1) by indenting the left margin of so much of the text as 
     precedes ``(a)'' by 2 ems;
       (2) by inserting ``For purposes of this 
     Act--'' after the section caption;
       (3) by striking ``For the purposes of this Act the'' in the 
     first paragraph and inserting ``(1) the'';
       (4) by indenting the left margin of so much of the text as 
     follows ``include--'' by 4 ems;

[[Page S10986]]

       (5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and 
     inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', 
     respectively;
       (6) by striking ``department.'' and inserting 
     ``department;''; and
       (7) by adding at the end thereof the following:
       ``(2) the term `outreach and communications program' means 
     a program to improve communications with anglers, boaters, 
     and the general public regarding angling and boating 
     opportunities, to reduce barriers to participation in these 
     activities, to advance adoption of sound fishing and boating 
     practices, to promote conservation and the responsible use of 
     the nation's aquatic resources, and to further safety in 
     fishing and boating; and
       ``(3) the term `aquatic resource education program' means a 
     program designed to enhance the public's understanding of 
     aquatic resources and sport-fishing, and to promote the 
     development of responsible attitudes and ethics toward the 
     aquatic environment.''.
       (b) Funding for Outreach and Communications Program.--
     Section 4 of the 1950 Act (16 U.S.C. 777c) is amended--
       (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f);
       (2) by inserting after subsection (b) the following:
       ``(c) National Outreach and Communications Program.--Of the 
     balance of each such annual appropriation remaining after 
     making the distribution under subsections (a) and (b), 
     respectively, an amount equal to--
       (1) $5,000,000 for fiscal year 1998;
       (2) $6,000,000 for fiscal year 1999;
       (3) $7,000,000 for fiscal year 2000;
       (4) $8,000,000 for fiscal year 2001;
       (5) $10,000,000 for fiscal year 2002; and
       (6) $10,000,000 for fiscal year 2003,

     shall be used for the National Outreach and Communications 
     Program under section X08(d). Such amounts shall remain 
     available for 3 fiscal years, after which any portion thereof 
     that is unobligated by the Secretary of the Interior for 
     that program may be expended by the Secretary under 
     subsection (e).'';
       (3) by inserting a comma and ``for an outreach and 
     communications program'' after ``Act'' in subsection (d)), as 
     redesignated;
       (4) by striking ``subsections (a) and (b),'' in subsection 
     (d), as redesignated, ``subsections (a), (b), and (c),'';
       (5) by adding at the end of subsection (d), as 
     redesignated, the following: ``Of the sum available to the 
     Secretary of the Interior under this subsection for any 
     fiscal year, up to $2,500,000 may be used for the National 
     Outreach and Communications Program under section X08(d) in 
     addition to the amount available for that program under 
     subsection (c). No funds available to the Secretary under 
     this subsection may be used to replace funding traditionally 
     provided through general appropriations, nor for any purpose 
     except those purposes authorized by this Act. The Secretary 
     shall publish a detailed accounting of the projects, 
     programs, and activities funded under this subsection 
     annually in the Federal Register.''; and
       (6) by striking subsections (a), (b), and (c),'' in 
     subsection (e), as redesignated, and inserting ``subsections 
     (a), (b), (c), and (d),''.
       (c) Increase in State Allocation.--Section 8 of the 1950 
     Act (16 U.S.C. 777g) is amended--
       (1) by striking ``12 \1/2\ percentum'' each place it 
     appears in subsection (b) and inserting ``15 percent'';
       (2) by striking ``10 percentum'' in subsection (c) and 
     inserting ``15 percent'''
       (3) by inserting ``and communications'' in subsection (c) 
     after ``outreach''; and
       (4) by redesignating subsection (d) as subsection (f); and 
     by inserting after subsection (c) the following:
       ``(d) National Outreach and Communications Program.--
       ``(1) Implementation.--Within 1 year after the date of 
     enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary of the Interior shall develop and 
     implement, in cooperation and consultation with the Sport 
     Fishing and Boating partnership Council, a national plan for 
     outreach and communications.
       ``(2) Content.--The plan shall provide--
       ``(A) guidance, including guidance on the development of an 
     administrative process and funding priorities, for outreach 
     and communications programs; and
       ``(B) for the establishment of a national program.
       ``(3) Secretary may match or fund programs.--Under the 
     plan, the Secretary may obligate amounts available under 
     subsection (c) or (d) of section 604 of this Act--
       ``(A) to make grants to any State or private entity to pay 
     all or any portion of the cost of carrying out any outreach 
     or communications program under the plan; or
       ``(B) to fund contracts with States or private entities to 
     carry out such a program.
       ``(4) Review.--The plan shall be reviewed periodically, but 
     not less frequently than once every 3 years.
       ``(e) State Outreach and Communications Program.--Within 12 
     months after the completion of the national plan under 
     subsection (d)(1), a State shall develop a plan for an 
     outreach and communications program and submit it to the 
     secretary. In developing the plan, a State shall--
       ``(1) review the national plan developed under subsection 
     (d);
       ``(2) consult with anglers, boaters, the sportfishing and 
     boating industries, and the general public; and
       ``(3) establish priorities or the State outreach and 
     communications program proposed for implementation.''.

     SEC. 603. CLEAN VESSEL ACT FUNDING.

       Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended 
     to read as follows:
       ``(b) Use of Balance After Distribution.--
       ``(1) Fiscal year 1998.--For fiscal year 1998, of the 
     balance remaining after making the distribution under 
     subsection (a), an amount equal to $51,000,000 shall be used 
     as follows:
       ``(A) $10,000,000 shall be available to the Secretary of 
     the Interior for 3 years for obligation for qualified 
     projects under section 5604(c) of the Clean Vessel Act of 
     1992 (33 U.S.C. 1322 note);
       ``(B) $10,000,000 shall be available to the Secretary of 
     the Interior for 3 years for obligation for qualified 
     projects under section X05(d) of the Intermodal 
     Transportation Safety Act of 1997; and
       ``(C) $31,000,000 shall be transferred to the Secretary of 
     Transportation and shall be expended for State recreational 
     boating safety programs under section 13106 of title 46, 
     United States Code.
       ``(2) Fiscal years 1999-2003.--For each of fiscal years 
     1999 through 2003, the balance of each annual appropriation 
     remaining after making the distribution under subsection (a), 
     an amount equal to $84,000,000, reduced by 82 percent of the 
     amount appropriated for that fiscal year from the Boat Safety 
     Account of the Aquatic Resources Trust Fund established by 
     section 9504 of the Internal Revenue Code of 1986 (26 U.S.C. 
     9504) to carry out the purposes of section 13106(a) of title 
     46, United States Code, shall be used as follows:
       ``(A) $10,000,000 shall be available for each fiscal year 
     to the Secretary of the Interior for 3 years for obligation 
     for qualified projects under section 5604(c) of the Clean 
     Vessel Act of 1992 (33 U.S.C. 1322 note);
       ``(B) $10,000,000 shall be available for each fiscal year 
     to the Secretary of the Interior for 3 years for obligation 
     for qualified projects under section X05(d) of the Intermodal 
     Transportation Safety Act of 1997; and
       ``(C) the balance shall be transferred for each such fiscal 
     year to the Secretary of Transportation and shall be expended 
     for State recreational boating safety programs under section 
     13106 of title 46, United States Code.
       ``(3) Amounts available under subparagraphs (A) and (B) of 
     paragraph (1) and paragraph (2) that are unobligated by the 
     Secretary of the Interior after 3 years shall be transferred 
     to the Secretary of Transportation and shall be expended for 
     State recreational boating safety programs under section 
     13106(a) of title 46, United States Code.''.

     SEC. 604. BOATING INFRASTRUCTURE.

       (a) Purpose.--The purpose of this section is to provide 
     funds to States for the development and maintenance of public 
     facilities for transient nontrailerable recreational vessels.
       (b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as 
     amended by section X03, is amended by adding at the end 
     thereof the following:
       ``(g) Surveys.--
       ``(1) National framework.--Within 6 months after the date 
     of enactment of the Intermodal Transportation Safety Act of 
     1997, the Secretary, in consultation with the States, shall 
     adopt a national framework for a public boat access needs 
     assessment which may be used by States to conduct surveys to 
     determine the adequacy, number, location, and quality of 
     facilities providing access to recreational waters for all 
     sizes of recreational boats.
       ``(2) State surveys.--Within 18 months after such date of 
     enactment, each State that agrees to conduct a public boat 
     access needs survey following the recommended national 
     framework shall report its findings to the Secretary for use 
     in the development of a comprehensive national assessment of 
     recreational boat access needs and facilities.
       ``(3) Exception.--Paragraph (2) does not apply to a State 
     if, within 18 months after such date of enactment, the 
     Secretary certifies that the State has developed and is 
     implementing a plan that ensures there are and will be public 
     boat access adequate to meet the needs of recreational 
     boaters on its waters.
       ``(4) Funding.--A State that conducts a public boat access 
     needs survey under paragraph (2) may fund the costs of 
     conducting that assessment out of amounts allocated to it as 
     funding dedicated to motorboat access to recreational waters 
     under subsection (b)(1) of this section.''
       (c) Plan.--Within 6 months after submitting a survey to the 
     Secretary under section 8(g) of the Act entitled ``An Act to 
     provide that the United States shall aid the States in fish 
     restoration and management projects, and for other 
     purposes,'' approved August 9, 1950 (16 U.S.C. 777g(g)), as 
     added by subsection (b) of this section, a State may develop 
     and submit to the Secretary a plan for the construction, 
     renovation, and maintenance of public facilities, and access 
     to those facilities, for transient nontrailerable 
     recreational vessels to meet the needs of nontrailerable 
     recreational vessels operating on navigable waters in the 
     State.
       (d) Grant Program.--
       (1) Matching grants.--The Secretary of the Interior shall 
     obligate amounts made available under section 4(b)(1)(C) of 
     the Act entitled ``An Act to provide that the United States 
     shall aid the States in fish restoration and management 
     projects, and for other purposes,'' approved August 9, 1950 
     (16 U.S.C. 777c(b)(1)(C)) to make grants to any State to

[[Page S10987]]

     pay not more than 75 percent of the cost to a State of 
     constructing, renovating, or maintaining public facilities 
     for transient nontrailerable recreational vessels.
       (2) Priorities.--In awarding grants under paragraph (1), 
     the Secretary shall give priority to projects that--
       (A) consist of the construction, renovation, or maintenance 
     of public facilities for transient nontrailerable 
     recreational vessels in accordance with a plan submitted by a 
     State under subsection (c);
       (B) provide for public/private partnership efforts to 
     develop, maintain, and operate facilities for transient 
     nontrailerable recreational vessels; and
       (C) propose innovative ways to increase the availability of 
     facilities for transient nontrailerable recreational vessels.
       (e) Definitions.--For purposes of this section, the term--
       (1) ``nontrailerable recreational vessel'' means a 
     recreational vessel 26 feet in length or longer--
       (A) operated primarily for pleasure; or
       (B) leased, rented, or chartered to another for the 
     latter's pleasure;
       (2) ``public facilities for transient nontrailerable 
     recreational vessels'' includes mooring buoys, daydocks, 
     navigational aids, seasonal slips, or similar structures 
     located on navigable waters, that are available to the 
     general public and designed for temporary use by 
     nontrailerable recreational vessels; and
       (4) ``State'' means each of the several States of the 
     United States, the District of Columbia, the Commonwealth of 
     Puerto Rico, Guam, American Samoa, the Virgin Islands, and 
     the Commonwealth of the Northern Mariana Islands.
       (f) Effective Date.--This section shall take effect on 
     October 1, 1997.

     SEC. 605. BOAT SAFETY FUNDS.

       (a) Availability of Allocations.--Section 13104(a) of title 
     46, United States Code, is amended--
       (1) by striking ``3 years'' in paragraph (1) and inserting 
     ``2 years''; and
       (2) by striking ``3-year'' in paragraph (2) and inserting 
     ``2-year''.
       (b) Expenditures.--Section 13106 of title 46, United States 
     Code, is amended--
       (1) by striking the first sentence of subsection (a)(1) and 
     inserting the following: ``Subject to paragraph (2) and 
     subsection (c), the Secretary shall expend in each fiscal 
     year for State recreational boating safety programs, under 
     contracts with States under this chapter, an amount equal to 
     the sum of (A) the amount appropriated from the Boat Safety 
     Account for that fiscal year and (B) the amount transferred 
     to the Secretary under section 4(b) of the Act of August 9, 
     1950 (16 U.S.C. 777c(b)).''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Of the amount transferred for each fiscal year to the 
     Secretary of Transportation under section 4(b) of the Act of 
     August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is available 
     to the Secretary for payment of expenses of the Coast Guard 
     for personnel and activities directly related to coordinating 
     and carrying out the national recreational boating safety 
     program under this title. No funds available to the Secretary 
     under this subsection may be used to replace funding 
     traditionally provided through general appropriations, nor 
     for any purposes except those purposes authorized by this 
     Act. Amounts made available by this subsection shall remain 
     available until expended. The Secretary shall publish 
     annually in the Federal Register a detailed accounting of the 
     projects, programs, and activities funded under this 
     subsection.''.
       (c) Conforming Amendments.--
       (1) The caption for section 13106 of title 46, United 
     States Code, is amended to read as follows:

     Sec. 13106. Authorization of appropriations''.

       (2) The chapter analysis for chapter 131 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 13106 and inserting the following:

``13106. Authorization of appropriations''.

                        TITLE VII--MISCELLANEOUS

     SEC. 701. ENFORCEMENT OF WINDOW GLAZING STANDARDS FOR LIGHT 
                   TRANSMISSION.

       Section 402(a) of title 23, United States Code, is amended 
     by striking ``post-accident procedures.'' and inserting 
     ``post-accident procedures, including the enforcement of 
     light transmission standards of glazing for passenger motor 
     vehicles and light trucks as necessary to improve highway 
     safety.''.
                                 ______
                                 

                      DOMENICI AMENDMENT NO. 1365

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       In the language proposed to be stricken, at the appropriate 
     place insert the following:
       Notwithstanding any other provision of this Act, any amount 
     of contract authority which is provided in this Act for the 
     reauthorization of the Intermodal Surface Transportation 
     Efficiency Act of 1991, which exceeds $147,387,000,000 for 
     fiscal years 1998 through 2002 shall only be available to the 
     extent provided in advance in appropriation acts.
                                 ______
                                 

                     REID AMENDMENTS NOS. 1366-1367

  (Ordered to lie on the table.)
  Mr. REID submitted two amendments intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1366

       On page 253, between lines 15 and 16, insert the following:
       ``(3) Lake Tahoe Region.--Notwithstanding subsection (b), 
     to carry out the transportation planning process required by 
     this section, the consent of Congress is granted to the 
     States of California and Nevada to designate a metropolitan 
     planning organization for the Lake Tahoe region (as defined 
     in the Lake Tahoe Regional Planning Compact), by agreement 
     between the Governors of the States of California and Nevada 
     and units of general purpose local government that together 
     represent at least 75 percent of the affected population 
     (including the central city or cities (as defined by the 
     Bureau of the Census)), or in accordance with procedures 
     established by applicable State or local law.
                                  ____


                           Amendment No. 1367

       At the appropriate place, insert the following:

     SEC.  . LONGER COMBINATION VEHICLES.

       (a) Interstate System.--
       (1) In general.--Section 127(d) of title 23, United States 
     Code, is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--
       (I) by striking ``configuration type was'' and inserting 
     the following ``configuration type--
       ``(i) was'';
       (II) by striking the period at the end and inserting ``; 
     and''; and
       (III) by adding at the end the following:
       ``(ii) consists of combination of a truck tractor and 2 
     trailers or semitrailers.''; and
       (ii) in each of subparagraphs (D), (E), and (F), by 
     inserting before the period at the end the following: ``, 
     except that the State may not allow the operation of any 
     combination of a truck tractor and more than 2 trailers or 
     semitrailers''; and
       (B) in paragraph (3), by adding at the end the following:
       ``(F) Additional revision.--
       ``(i) In general.--Not later than 120 days after the date 
     of enactment of this subparagraph, the Secretary shall 
     publish in the Federal Register a revision of the list 
     published under subparagraph (D) that reflects the amendments 
     made by section ----(a) of the Intermodal Surface 
     Transportation Efficiency Act of 1997.
       ``(ii) Review and correction procedure.--The revised list 
     published under clause (i) shall be subject to the review and 
     correction procedure described in subparagraph (E).''.
       ``(2) Application of amendments.--The amendments made by 
     paragraph (1) shall apply beginning on the date that is 180 
     days after the date of enactment of this Act.
       Property-Carrying Unit Limitation.--Section 31112 of title 
     49, United States Code, is amended--
       (1) in subsection (b), by striking ``A State'' and 
     inserting ``Subject to subsection (h), a State'';
       (2) in subsection (c), by striking ``In addition'' and 
     inserting ``Subject to subsection (h), in addition'';
       (3) in subsection (d), by adding at the end the following:
       ``(5) Paragraphs (1) through (3) are subject to the 
     limitation under subsection (h).'';
       (4) in subsection (e), by adding at the end the following:
       ``(5) Not later than 120 days after the date of enactment 
     of the Intermodal Surface Transportation Efficiency Act of 
     1997, the Secretary shall publish in the Federal Register a 
     revised list that reflects the limitation under subsection 
     (h).'';
       (5) in subsection (f), by striking ``This section'' and 
     inserting ``Except as provided in subsection (h), this 
     section''; and
       (6) by adding at the end the following:
       ``(h) Limitation With Respect to Longer Combination 
     Vehicles.--Beginning on the date specified in section ----
     (a)(2) of the Intermodal Surface Transportation Efficiency 
     Act of 1997, each State shall take such action as may be 
     necessary to ensure that no longer combination vehicle (as 
     that term is defined in section 127(d)(4) of title 23, United 
     States Code) that consists of a combination of a truck 
     tractor and more than 2 trailers or semitrailers may operate 
     on the Interstate System.''.
                                 ______
                                 

                       JOHNSON AMENDMENT NO. 1368

  (Ordered to lie on the table.)
  Mr. JOHNSON submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       On page 136, strike line 22 and insert the following:

     specified in subparagraph (G).''.

     SEC. 1128. TAX-EXEMPT FUEL FOR MASS TRANSPORTATION 
                   RECIPIENTS.

       (a) Gasoline.--Section 6421(b)(1) of the Internal Revenue 
     Code of 1986 (relating to intercity, local, or school buses) 
     is amended by striking ``or'' at the end of subparagraph (A), 
     by redesignating subparagraph (B) as subparagraph (C), and by 
     inserting after subparagraph (A) the following:
       ``(B) providing mass transportation (as defined in section 
     5302(a)(7) of title 49, United States Code), if the mass 
     transportation provider is a recipient or a subrecipient of 
     financial assistance under chapter 53 of such title or an 
     entity under contract to a recipient to provide mass 
     transportation service for the recipient, but only to the 
     extent that mass transportation service is provided, or''.

[[Page S10988]]

       (b) Other Fuels.--Section 6427(b)(1) of the Internal 
     Revenue Code of 1986 (relating to intercity, local, or school 
     buses) is amended by striking ``or'' at the end of 
     subparagraph (A), by redesignating subparagraph (B) as 
     subparagraph (C), and by inserting after subparagraph (A) the 
     following:
       ``(B) providing mass transportation (as defined in section 
     5302(a)(7) of title 49, United States Code), if the mass 
     transportation provider is a recipient or a subrecipient of 
     financial assistance under chapter 53 of such title or an 
     entity under contract to a recipient to provide mass 
     transportation service for the recipient, but only to the 
     extent that mass transportation service is provided, or''.
       (c) Conforming Amendment.--Section 6427(b)(2)(B) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(B) Exception for certain transportation.--Subparagraph 
     (A) shall not apply to fuel used in an automobile bus which 
     engaged in the transportation described in subparagraph (B) 
     or (C) of paragraph (1).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel used after the date of enactment of this 
     Act.
                                 ______
                                 

                JOHNSON (AND OTHERS) AMENDMENT NO. 1369

  (Ordered to lie on the table.)
  Mr. JOHNSON (for himself, Mr. Thomas, Mr. Levin, and Mr. Allard) 
submitted an amendment intended to be proposed by them to the bill, S. 
1173, supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. MINIMUM GUARANTEE OF TRANSIT PROGRAM FUNDS.

       Section 5338 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(o) Minimum Guarantee of Transit Program Funds.
       ``(1) Set-aside required.--For each fiscal year beginning 
     after September 30, 1997, after providing for any allocation 
     or set-asides under subsection (g) or (h), but before 
     completing distribution of other amounts made available or 
     appropriated under subsections (a) and (b), the Secretary 
     shall set aside, and shall make available to each State, in 
     addition to amounts otherwise made available to the State (or 
     to its political subdivisions) to carry out sections 5307, 
     5309, 5310, and 5311, the amount calculated under paragraph 
     (2)(B).
       ``(2) Calculation.--
       ``(A) Definition of minimum guarantee threshold amount.--In 
     this subsection, the term `minimum guarantee threshold 
     amount' means, with respect to a State for a fiscal year, the 
     amount equal to the product of--
       ``(i) total amount made available to all States and 
     political subdivisions under sections 5307, 5309, 5310, and 
     5311 for that fiscal year; multiplied by
       ``(ii) 70 percent of the State's percentage contribution to 
     the estimated tax payments attributable to highway users in 
     all States and allocated to the Mass Transit Account under 
     section 9503(e) of the Internal Revenue Code of 1986 in the 
     latest fiscal year for which data are available.
       ``(B) Calculation.--Subject to subparagraph (C) and any 
     other limitations set forth in this subsection, the amount 
     required to be provided to a State under this subsection is 
     the amount, if it is a positive number, that, if added to the 
     total amount made available to the State (and its political 
     subdivisions) under sections 5307, 5309, 5310, and 5311 for 
     that fiscal year, is equal to the minimum guarantee threshold 
     amount.
       ``(C) Limitation.--The maximum amount made available to a 
     State under this subsection shall not exceed $12,500,000.
       ``(3) Source of funds.--
       ``(A) In general.--Amounts required to be set aside and 
     made available to States under this subsection--
       ``(i) may be obtained from any amounts under section 5309 
     that are made available to the Secretary for distribution at 
     the Secretary's discretion; or
       ``(ii) if not, shall be obtained by proportionately 
     reducing amounts which would otherwise be made available 
     under subsections (a) and (b), for sections 5307, 5309, 5310, 
     and 5311, to those States and political subdivisions for 
     which the amount made available under sections 5307, 5309, 
     5310, and 5311 to the State (including political subdivisions 
     thereof) is greater than the product of--

       ``(I) total amount made available to all States and 
     political subdivisions under sections 5307, 5309, 5310, and 
     5311, in that fiscal year; multiplied by
       ``(II) the State's percentage contribution to the estimated 
     tax payments attributable to highway users in all States and 
     allocated to the Mass Transit Account under section 9503(e) 
     of the Internal Revenue Code of 1986 in the latest fiscal 
     year for which data are available.

       ``(B) Proportionate reductions.--The Secretary also shall 
     apply reductions under subparagraph (A)(ii) proportionately 
     to amounts made available from the Mass Transit Account and 
     to amounts made available from other sources.
       ``(C) Other reductions.--
       ``(i) In general.--Reductions otherwise required by 
     subparagraph (A) may be taken against the amounts that 
     otherwise would be made available to any State or political 
     subdivision thereof, only to the extent that making those 
     reductions would not reduce the total amount made available 
     to the State and its political subdivisions under sections 
     5307, 5309, 5310, and 5311 to less than the lesser of--

       ``(I) 90 percent of the total of those amounts made 
     available to the State and its political subdivisions in 
     fiscal year 1997; or
       ``(II) the minimum guarantee threshold amount for the State 
     for the fiscal year at issue.

       ``(ii) Proportionate reductions.--In the event of the 
     applicability of clause (i), the Secretary shall obtain the 
     remainder of the amounts required to be made available to 
     States under the minimum guarantee required by this 
     subsection proportionately from those States, including 
     political subdivisions, to which subparagraph (A) applies, 
     and to which clause (i) of this subparagraph does not apply.
       ``(4) Attribution of amounts.--For the purposes of 
     calculations under this subsection, with respect to 
     attributing to individual States any amounts made available 
     to political subdivisions that are multi-State entities, the 
     Secretary shall attribute those amounts to individual States, 
     based on such criteria as the Secretary may adopt by rule, 
     except that, for purposes of calculations for fiscal year 
     1998 only, the Secretary may attribute those amounts to 
     individual States before adopting a rule.
       ``(5) Use of additional amounts.--Amounts made available to 
     a State under this subsection may be used for any purpose 
     eligible for assistance under this chapter. Not more than 50 
     percent of the amount made available to a State under this 
     subsection for any fiscal year may be used by the State for 
     any project or program eligible for assistance under title 
     23.
       ``(6) Treatment of certain amounts.--For purposes of 
     sections 5323(a)(1)(D) and 5333(b), amounts made available to 
     a State under this subsection that are, in turn, awarded by 
     the State to subgrantees, shall be treated as if 
     apportioned--
       ``(A) under section 5311, if the subgrantee is not serving 
     an urbanized area; and
       ``(B) directly to the subgrantee under section 5307, if the 
     subgrantee serves an urbanized area.''.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 1370

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.  . MUNICIPALITY OR FERRY AUTHORITY.

       (a) Notwithstanding any other provision of law, section 
     5333(b) of Title 49, United States Code, shall not apply to a 
     grant to a municipality or ferry authority for a ferry 
     operated between points which are not connected by road to 
     the remainder of the United States, Canada, or Mexico and 
     which is replacing service that has been or will be 
     diminished by the applicable State or ferry authority within 
     24 months of the date of passage of this amendment.
       (b) The Federal Transit Administration is authorized to 
     award a grant to a municipality or ferry authority required 
     by State law to operate its ferry without any guarantee from 
     other municipal receipts or financing.
                                 ______
                                 

                   SPECTER AMENDMENTS NOS. 1371-1372

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1371

       On page 309, after line 3, insert the following:

     ``SEC.  . DESIGNATION OF HIGH PRIORITY CORRIDORS.

       ``Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032-2033) is amended by 
     inserting after paragraph (29) the following:
       ``(30) The Mon-Fayette Expressway and Southern Beltway in 
     Pennsylvania.
       ``(31) The U.S. route 219 Corridor from the vicinity of 
     Bradford, Pennsylvania to the vicinity of Salisbury, 
     Pennsylvania.''
                                  ____


                           Amendment No. 1372

       On page 105, line 13, strike ``$40,000,000'' and insert 
     ``$50,000,000''.
       On page 105, line 14, strike ``$50,000,000'' and insert 
     ``$70,000,000''.
       On page 105, line 15, strike ``$60,000,000'' and insert 
     ``$80,000,000''.
       On page 105, line 16, strike ``$70,000,000'' and insert 
     ``$100,000,000''.
       On page 395, line 8, strike ``$120,000,000'' and insert 
     ``$115,000,000''.
       On page 395, line 8, strike ``$125,000,000'' and insert 
     ``$120,000,000''.
       On page 395, line 9, strike ``$130,000,000'' and insert 
     ``$125,000,000''.
       On page 395, line 10, strike ``$135,000,000'' and insert 
     ``$125,000,000''.
       On page 395, line 10, strike ``$140,000,000'' and insert 
     ``$130,000,000''.
       On page 395, line 11, strike ``$150,000,000'' and insert 
     ``$135,000,000''.
       On page 398, line 7, strike ``$100,000,000'' and insert 
     ``$95,000,000''.
       On page 398, line 7, strike ``$110,000,000'' and insert 
     ``$105,000,000''.
       On page 398, line 8, strike ``$115,000,000'' and insert 
     ``$110,000,000''.

[[Page S10989]]

       On page 398, line 9, strike ``$130,000,000'' and insert 
     ``$120,000,000''.
       On page 398, line 9, strike ``$135,000,000'' and insert 
     ``$125,000,000''.
       On page 398, line 10, strike ``$145,000,000'' and insert 
     ``$130,000,000''.
                                 ______
                                 

                    LEVIN AMENDMENTS NOS. 1373-1376

  (Ordered to lie on the table.)
  Mr. LEVIN submitted four amendments intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

                           Amendment No. 1373

       On page 29, strike lines 7 through 19 and insert the 
     following:
       ``(i) each State's percentage of the total sums made 
     available from the Highway Trust Fund for the fiscal year; 
     bears to
       On page 29, lines 23 and 24, strike ``(other than the Mass 
     Transit Account)''.
       On page 31, strike lines 8 and 9 and insert the following:
       ``(B) shall--
       ``(i) in the case of amounts allocated under subsection 
     (a)(1)(A), be available for any purpose eligible for funding 
     under this title, title 49, or the Intermodal Surface 
     Transportation Efficiency Act of 1997; and
       ``(ii) in the case of amounts allocated under subsection 
     (a)(1)(B), be available for any purpose eligible for funding 
     under this title.
       On page 31, line 11, strike ``(a)'' and insert 
     ``(a)(1)(B)''.
       On page 31, line 23, strike the quotation marks and the 
     following period.
       On page 31, between lines 23 and 24, insert the following:
       ``(e) Applicability of Obligation Limitations.--Any 
     obligation limitation established by the Intermodal Surface 
     Transportation Efficiency Act of 1997 or any subsequent Act 
     shall not apply to obligations made under this section, 
     unless the provision of law establishing the limitation 
     specifically amends or limits the applicability of this 
     subsection.''.
                                  ____


                           Amendment No. 1374

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

     SECTION 18  . USE OF BRIDGE REINFORCEMENT TECHNOLOGY IN 
                   SOUTHFIELD, MICHIGAN.

       (a) In General.--The Secretary shall make funds available 
     to the State of Michigan to carry out a project to construct 
     the Bridge Street bridge in the city of Southfield, Michigan, 
     using advanced carbon and glass composites as reinforcements 
     for concrete, instead of steel, in the manufacture of 
     prestressed bridge beams and bridge decks.
       (b) Authorization of Contract Authority.--
       (1) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this section $2,300,000 for each of fiscal years 1998 and 
     1999.
       (2) Contract authority.--Funds authorized under this 
     subsection shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
                                  ____


                           Amendment No. 1375

       On page 125, lines 5 and 6, strike ``not less than 15 
     percent'' and insert ``not less than 25 percent, nor more 
     than 35 percent,''.
       On page 156, strike lines 21 through 23 and insert the 
     following:
       (B) in paragraph (3)--
       (i) in the first sentence of subparagraph (A), by striking 
     ``80'' and inserting ``82''; and
       (ii) in subparagraph (B)--
       (I) by striking ``tobe'' and inserting ``to be''; and
       (II) by adding at the end the following: ``A project under 
     this subparagraph shall be undertaken on a road that is 
     classified as below a principal arterial.''; and
       On page 274, strike lines 3 through 7 and insert the 
     following:
       ``(ii) Nonmetropolitan areas.--
       ``(I) In general.--With respect to each nonmetropolitan 
     area in the State, the program shall be developed jointly by 
     the State, elected officials of affected local governments, 
     and elected officials of subdivisions of affected local 
     governments that have jurisdiction over transportation 
     planning, through a process developed by the State that 
     ensures participation by the elected officials.
       ``(II) Review.--Not less than once every 2 years, the 
     Secretary shall review the planning process through which the 
     program was developed under subclause (I).
       ``(III) Approval.--The Secretary shall approve the planning 
     process if the Secretary finds that the planning process is 
     consistent with this section and section 134.
       On page 286, between lines 10 and 11, insert the following:

     SEC. 1605. STUDY OF PARTICIPATION OF LOCAL ELECTED OFFICIALS 
                   IN TRANSPORTATION PLANNING AND PROGRAMMING.

       (a) Study.--The Secretary shall conduct a study on the 
     effectiveness of the participation of local elected officials 
     in transportation planning and programming.
       (b) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the results of 
     the study required under subsection (a).
                                  ____


                           Amendment No. 1376

       In lieu of the matter proposed to be inserted, insert the 
     following:

     1. SHORT TITLE.

       This Act may be cited as the ``Short-Term ISTEA Extension 
     Act of 1997''.

     SEC. 2. EXTENSION OF FEDERAL-AID HIGHWAY PROGRAMS.

       (a) Major Programs.--
       (1) In general.--Section 1003 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1918) is 
     amended by adding at the end the following:
       ``(d) Federal-Aid Highways for Period of October 1, 1997, 
     Through March 31, 1998.--
       ``(1) In general.--
       ``(A) Authorization of appropriations.--There are 
     authorized to be appropriated out of the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety construction programs 
     $11,942,375,000 for the period of October 1, 1997, through 
     March 31, 1998.
       ``(B) Distribution.--Amounts made available under 
     subparagraph (A) shall be distributed in accordance with this 
     subsection.
       ``(2) Certain discretionary programs.--Of the amounts made 
     available under paragraph (1), the Secretary shall deduct, 
     for the period of October 1, 1997, through March 31, 1998--
       ``(A) $32,500,000 to carry out section 118(c)(2) of title 
     23, United States Code; and
       ``(B) $30,250,000 to carry out the discretionary program 
     under paragraphs (1) and (2) of section 144(g) of that title.
       ``(3) State allocation percentages.--Using amounts 
     remaining after making the deductions under paragraph (2) and 
     application of paragraphs (4) and (5), the Secretary shall 
     determine the amount to be apportioned to each State in 
     accordance with the percentage specified for the State in the 
     following table:

``State                                                      Percentage
    Alabama.................................................2.1138 ....

    Alaska..................................................0.9988 ....

    Arizona.................................................1.6077 ....

    Arkansas................................................1.4268 ....

    California..............................................9.3057 ....

    Colorado................................................1.2912 ....

    Connecticut.............................................1.8229 ....

    Delaware................................................0.4157 ....

    District of Columbia....................................0.4436 ....

    Florida.................................................4.7766 ....

    Georgia.................................................3.6171 ....

    Hawaii..................................................0.6435 ....

    Idaho...................................................0.6314 ....

    Illinois................................................3.4058 ....

    Indiana.................................................2.5115 ....

    Iowa.....................................................1.082 ....

    Kansas..................................................1.0732 ....

    Kentucky................................................1.7883 ....

    Louisiana...............................................1.5431 ....

    Maine...................................................0.5871 ....

    Maryland................................................1.5643 ....

    Massachusetts...........................................1.8584 ....

    Michigan................................................3.2075 ....

    Minnesota...............................................1.4147 ....

    Mississippi.............................................1.3196 ....

    Missouri................................................2.4028 ....

    Montana.................................................0.7957 ....

    Nebraska................................................0.8027 ....

    Nevada..................................................0.6218 ....

    New Hampshire...........................................0.4764 ....

    New Jersey..............................................2.4404 ....

    New Mexico..............................................0.8767 ....

    New York................................................5.1849 ....

    North Carolina..........................................2.9155 ....

    North Dakota............................................0.6972 ....

    Ohio....................................................3.4675 ....

    Oklahoma................................................1.6553 ....

    Oregon..................................................1.2105 ....

    Pennsylvania.............................................3.878 ....

    Rhode Island............................................0.6208 ....

    South Carolina..........................................1.6819 ....

    South Dakota.............................................0.629 ....

    Tennessee...............................................2.3345 ....

    Texas...................................................7.0623 ....

    Utah....................................................0.7969 ....

    Vermont.................................................0.3912 ....

    Virginia.................................................2.647 ....

    Washington..............................................1.8263 ....

    West Virginia...........................................1.2008 ....

    Wisconsin...............................................1.8776 ....

    Wyoming..................................................0.625 ....

    Puerto Rico..............................................0.431.....

       ``(4) State programmatic distribution.--
       ``(A) In general.--Of the funds to be apportioned to each 
     State under paragraph (3), the Secretary shall ensure that 
     the State is apportioned an amount of the funds, determined 
     under subparagraph (B)--
       ``(i) for the Interstate maintenance program under section 
     119 of title 23, United States Code;
       ``(ii) for the National Highway System under section 103 of 
     that title;
       ``(iii) for the bridge program under section 144 of that 
     title;
       ``(iv) for the surface transportation program under section 
     133 of that title;
       ``(v) for the congestion mitigation and air quality 
     improvement program under section 149 of that title;
       ``(vi) for minimum allocation under section 157 of that 
     title;
       ``(vii) for Interstate reimbursement under section 160 of 
     that title;
       ``(viii) for the donor State bonus under section 1013(c);
       ``(ix) for hold harmless under section 1015(a);
       ``(x) for the 90 percent of payments adjustments under 
     section 1015(b);
       ``(xi) for metropolitan planning under section 134 of that 
     title;
       ``(xii) for section 1015(c); and
       ``(xiii) for funding restoration under section 202 of the 
     National Highway System Designation Act of 1995 (109 Stat. 
     571).

[[Page S10990]]

       ``(B) Formula.--The amount that each State shall be 
     apportioned under this subsection for each item referred to 
     in subparagraph (A) shall be determined by multiplying--
       ``(i) the amount apportioned to the State under paragraph 
     (3); by
       ``(ii) the ratio that--

       ``(I) the amount of funds apportioned for the item to the 
     State for fiscal year 1997; bears to
       ``(II) the total of the amount of funds apportioned for the 
     items to the State for fiscal year 1997.

       ``(C) Minimum allocation.--Funds apportioned to States 
     under this subsection for minimum allocation under section 
     157 of title 23, United States Code, shall not be subject to 
     any obligation limitation.
       ``(D) Administration.--Funds authorized under this 
     subsection shall be administered as if the funds had been 
     apportioned, allocated, deducted, or set aside, as the case 
     may be, under title 23, United States Code.
       ``(5) General operating expenses and territorial 
     highways.--
       ``(A) General operating expenses.--After making the 
     determinations and before apportioning funds under paragraphs 
     (3) and (4), the Secretary shall deduct the amount that would 
     be required to be deducted under section 104(a) of title 23, 
     United States Code, from the aggregate of amounts to be 
     apportioned to all States for programs to which the deduction 
     under that section would apply if that section applied to the 
     apportionment.
       ``(B) Territorial highways.--After making the 
     determinations and before apportioning funds under paragraphs 
     (3) and (4), the Secretary shall deduct the amount required 
     to be deducted under section 104(b)(1) of title 23, United 
     States Code, for the Virgin Islands, Guam, American Samoa, 
     and the Commonwealth of the Northern Mariana Islands from the 
     aggregate of amounts to be apportioned to all States for the 
     National Highway System under this subsection.''.
       (2) National recreational trails program.--Section 104(h) 
     of title 23, United States Code, is amended by inserting 
     after ``1997'' the following: ``and $7,500,000 for the period 
     of October 1, 1997, through March 31, 1998''.
       (3) Woodrow wilson bridge.--Section 104(i)(1) of title 23, 
     United States Code, is amended by inserting after ``1997'' 
     the following: ``, and for the period of October 1, 1997, 
     through March 31, 1998,''.
       (4) Off-system bridges.--Section 144(g)(3) of title 23, 
     United States Code, is amended by inserting after ``1997,'' 
     the following: ``and for the period of October 1, 1997, 
     through March 31, 1998,''.
       (5) Surface transportation program.--
       (A) In general.--Section 133(f) of title 23, United States 
     Code, is amended by inserting after ``1997'' the following: 
     ``, and for the period of October 1, 1997, through March 31, 
     1998,''.
       (B) Apportionment of surface transportation program 
     funds.--Section 104(b)(3)(B) of title 23, United States Code, 
     is amended in the first sentence by inserting after ``1997,'' 
     the following: ``and for the period of October 1, 1997, 
     through March 31, 1998,''.
       (b) Federal Lands Highways.--Section 1003(a)(6) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1919) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``1992 and'' and inserting ``1992,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $95,500,000 for the period of October 1, 
     1997, through March 31, 1998'';
       (2) in subparagraph (B)--
       (A) by striking ``1995, and'' and inserting ``1995,''; and
       (B) by inserting before the period at the end the 
     following: ``and $86,000,000 for the period of October 1, 
     1997, through March 31, 1998''; and
       (3) in subparagraph (C)--
       (A) by striking ``1995, and'' and inserting ``1995,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $42,000,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (c) Certain Allocated Programs.--
       (1) Highway use tax evasion.--Section 1040(f)(1) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 101 note; 105 Stat 1992) is amended in the first 
     sentence by inserting before the period at the end the 
     following: ``and $2,500,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (2) Scenic byways program.--Section 1047(d) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 101 note; 105 Stat. 1998) is amended in the first 
     sentence--
       (A) by striking ``1994, and'' and inserting ``1994,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $7,000,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (3) Ferry boat construction.--Section 1064(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 129 note; 105 Stat. 2005) is amended--
       (A) by striking ``1996, and'' and inserting ``1996,''; and
       (B) by inserting after ``1997'' the following: ``, and 
     $9,000,000 for the period of October 1, 1997, through March 
     31, 1998,''.
       (d) Fiscal Year 1998 Obligation Limitation.--
       (1) In general.--Section 1002 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1916) is 
     amended--
       (A) in subsection (a)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(7) $21,500,000,000 for fiscal year 1998.''; and
       (B) by adding at the end the following:
       ``(h) Special Rule for Fiscal Year 1998.--The Secretary 
     shall distribute--
       ``(1) on October 1, 1997, 50 percent of the limitation on 
     obligations for Federal-aid highways and highway safety 
     construction programs imposed by the Department of 
     Transportation and Related Agencies Appropriations Act, 1998; 
     and
       ``(2) on July 1, 1998, 50 percent of the limitation.''.
       (2) Limitation.--Nothing in this section (including the 
     amendments made by this section) shall apply to any funds 
     made available before October 1, 1997, for carrying out--
       (A) sections 125 and 157 of title 23, United States Code; 
     and
       (B) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027).

     SEC. 3. EXTENSION OF HIGHWAY SAFETY PROGRAMS.

       (a) NHTSA Highway Safety Programs.--Section 2005 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2079) is amended--
       (1) in paragraph (1)--
       (A) by striking ``1996, and'' and inserting ``1996,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $83,000,000 for the period of October 1, 
     1997, through March 31, 1998''; and
       (2) in paragraph (2), by inserting before the period at the 
     end the following: ``and $22,000,000 for the period of 
     October 1, 1997, through March 31, 1998''.
       (b) Alcohol-Impaired Driving Countermeasures.--Section 410 
     of title 23, United States Code, is amended--
       (1) in subsection (c)--
       (A) by striking ``5'' and inserting ``6''; and
       (B) in paragraph (3), by striking ``and fifth'' and 
     inserting ``fifth, and sixth'';
       (2) in subsection (d)(2)(B), by striking ``two'' and 
     inserting ``3''; and
       (3) in the first sentence of subsection (j)--
       (A) by striking ``1997, and'' and inserting ``1997,''; and
       (B) by inserting before the period at the end the following 
     ``, and $12,500,000 for the period of October 1, 1997, 
     through March 31, 1998''.
       (c) National Driver Register.--Section 30308(a) of title 
     49, United States Code, is amended--
       (1) by striking ``1994, and'' and inserting ``1994,''; and
       (2) by inserting after ``1997,'' the following: ``and 
     $1,855,000 for the period of October 1, 1997, through March 
     31, 1998,''.
       (d) Obligation Limitation.--The total of all obligations 
     for highway traffic safety grants under sections 402 and 410 
     of title 23, United States Code, for fiscal year 1998 shall 
     not exceed $186,500,000.

     SEC. 4. FEDERAL TRANSIT PROGRAMS.

       (a) Allocating Amounts.--Section 5309(m)(1) of title 49, 
     United States Code, is amended by inserting ``, and for the 
     period of October 1, 1997, through March 31, 1998'' after 
     ``1997''.
       (b) Apportionment of Appropriations for Fixed Guideway 
     Modernization.--Section 5337 of title 49, United States Code, 
     is amended--
       (1) in subsection (a), by inserting ``and for the period of 
     October 1, 1997, through March 31, 1998,'' after ``1997,''; 
     and
       (2) by adding at the end the following:
       ``(e) Special Rule for October 1, 1997, Through March 31, 
     1998.--The Secretary shall determine the amount that each 
     urbanized area is to be apportioned for fixed guideway 
     modernization under this section on a pro rata basis to 
     reflect the partial fiscal year 1998 funding made available 
     by section 5338(b)(1)(F).''.
       (c) Authorizations.--Section 5338 of title 49, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by adding at the end following:
       ``(F) $1,284,792,000 for the period of October 1, 1997, 
     through March 31, 1998.''; and
       (B) in paragraph (2), by adding at the end the following:
       ``(F) $213,869,000 for the period of October 1, 1997, 
     through March 31, 1998.'';
       (2) in subsection (b)(1), by adding at the end the 
     following:
       ``(F) $1,162,708,000 for the period of October 1, 1997, 
     through March 31, 1998.'';
       (3) in subsection (c), by inserting ``and not more than 
     $1,500,000 for the period of October 1, 1997, through March 
     31, 1998,'' after ``1997,'';
       (4) in subsection (e), by inserting ``and not more than 
     $3,000,000 is available from the Fund (except the Account) 
     for the Secretary for the period of October 1, 1997, through 
     March 31, 1998,'' after ``1997,'';
       (5) in subsection (h)(3), by inserting ``and $3,000,000 is 
     available for section 5317 for the period of October 1, 1997, 
     through March 31, 1998'' after ``1997'';
       (6) in subsection (j)(5)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and

[[Page S10991]]

       (C) by adding at the end the following:
       ``(D) the lesser of $1,500,000 or an amount that the 
     Secretary determines is necessary is available for the period 
     of October 1, 1997, through March 31, 1998.'';
       (7) in subsection (k), by striking ``or (e)'' and inserting 
     ``(e), or (m)''; and
       (8) by adding at the end the following:
       ``(m) Section 5316 for the Period of October 1, 1997, 
     Through March 31, 1998.--Not more than the following amounts 
     may be appropriated to the Secretary from the Fund (except 
     the Account) for the period of October 1, 1997, through March 
     31, 1998:
       ``(1) $125,000 to carry out section 5316(a).
       ``(2) $1,500,000 to carry out section 5316(b).
       ``(3) $500,000 to carry out section 5316(c).
       ``(4) $500,000 to carry out section 5316(d).
       ``(5) $500,000 to carry out section 5316(e).''.
       (d) Obligation Limitations.--
       (1) Discretionary grants and loans.--The total of all 
     obligations from the Mass Transit Account of the Highway 
     Trust Fund for carrying out section 5309 of title 49, United 
     States Code, relating to discretionary grants and loans, for 
     fiscal year 1998 shall not exceed $2,000,000,000.
       (2) Formula transit programs.--The total of all obligations 
     for formula transit programs under sections 5307, 5310, 5311, 
     and 5336 of title 49, United States Code, for fiscal year 
     1998 shall not exceed $2,210,000,000.

     SEC. 5. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.

       (a) Motor Carrier Safety Funding.--Section 31104(a) of 
     title 49, United States Code, is amended--
       (1) in paragraphs (1) through (5), by striking ``not more'' 
     each place it appears and inserting ``Not more''; and
       (2) by adding at the end the following:
       ``(6) Not more than $45,000,000 for the period of October 
     1, 1997, through March 31, 1998.''.
       (b) Obligation Limitation.--The total of all obligations 
     for carrying out the motor carrier safety program under 
     section 31102 of title 49, United States Code, for fiscal 
     year 1998 shall not exceed $85,325,000.

     SEC. 6. EXTENSION OF RESEARCH PROGRAMS.

       (a) Bureau of Transportation Statistics.--Section 6006 of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2172) is amended--
       (1) by inserting ``(a) In General.--'' before ``Chapter 
     I''; and
       (2) in the first sentence of subsection (b)--
       (A) by striking ``1996, and'' and inserting ``1996,''; and
       (B) by inserting before the period at the end the 
     following: ``, and $12,500,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (b) Intelligent Transportation Systems.--Section 6058(b) of 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     (105 Stat. 2194) is amended--
       (1) by striking ``1992 and'' and inserting ``1992,''; and
       (2) by inserting before the period at the end the 
     following: ``, and $56,500,000 for the period of October 1, 
     1997, through March 31, 1998''.
       (c) Research and Technology Program.--Section 307 of title 
     23, United States Code, is amended in subsections (b)(2)(B), 
     (e)(13), and (f)(4) by inserting after ``1997'' each place it 
     appears the following: ``and for the period of October 1, 
     1997, through March 31, 1998,''.
       (d) Education and Training Program.--Section 326(c) of 
     title 23, United States Code, is amended in the second 
     sentence by inserting after ``1997'' the following: ``, and 
     for the period of October 1, 1997, through March 31, 1998,''.

     SEC. 7. 1-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES.

       (a) General Expenditure Authority and Purposes.--Paragraph 
     (1) of section 9503(c) of the Internal Revenue Code of 1986 
     is amended--
       (1) by striking ``October 1, 1997'' and inserting ``October 
     1, 1998''; and
       (2) by striking the last sentence and inserting the 
     following new flush sentence:

     ``In determining the authorizations under the Acts referred 
     to in the preceding subparagraphs, such Acts shall be applied 
     as in effect on the date of the enactment of this 
     sentence.''.
       (b) Transfers to Other Accounts.--
       (1) Paragraphs (4)(A)(i) and (5)(A) of section 9503(c), and 
     paragraph (3) of section 9503(e), of such Code are each 
     amended by striking ``October 1, 1997'' and inserting 
     ``October 1, 1998''.
       (2) Subparagraph (E) of section 9503(c)(6) of such Code is 
     amended by striking ``September 30, 1997'' and inserting 
     ``September 30, 1998''.
       (c) Mass Transit Account.--Paragraph (3) of section 9503(e) 
     of such Code is amended--
       (1) by striking ``October 1, 1997'' and inserting ``October 
     1, 1998''; and
       (2) by striking all that follows ``the enactment of'' and 
     inserting ``the last sentence of subsection (c)(1).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1997.
       Amend the title so as to read: ``A bill to authorize 
     through March 31, 1998, funds for construction of highways, 
     for highway safety programs, and for mass transit 
     programs.''.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 1377

  (Ordered to lie on the table.)
  Mr. SPECTER submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       On page 117, after line 22, insert the following:
       ``(5) Maglev pilot project.--Notwithstanding any other 
     provision of this section, of the amounts made available for 
     fiscal year 1999 by this section, $5,000,000 shall be 
     available to carry out conceptual design and development of a 
     high speed MAGLEV project for which initial research and 
     development funds were provided in 1991 by the Federal 
     Transit Administration and which is intended to serve an 
     international airport in Western Pennsylvania.''
                                 ______
                                 

             ABRAHAM (AND LEVIN) AMENDMENTS NOS. 1378-1383

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Levin) submitted six amendments 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

                           Amendment No. 1378

       On page 136, after line 22, add the following:

     SEC. 11  . AMBASSADOR BRIDGE ACCESS, DETROIT, MICHIGAN.

       Notwithstanding section 129 of title 23, United States 
     Code, or any other provision of law, improvements to and 
     construction of access roads, approaches, and related 
     facilities (such as signs, lights, and signals) necessary to 
     connect the Ambassador Bridge in Detroit, Michigan, to the 
     Interstate System shall be eligible for funds apportioned 
     under paragraphs (1) and (3) of section 104(b) of that title.
                                  ____


                           Amendment No. 1379

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

     SEC. 18  . MODIFICATION OF HIGH PRIORITY CORRIDOR.

       Section 1105(c)(18) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032) is 
     amended--
       (1) by striking ``(18) Corridor from Indianapolis,'' and 
     inserting the following:
       ``(18)(A) Corridor from Sarnia, Ontario, Canada, through 
     Port Huron, Michigan, southwesterly along Interstate Route 69 
     through Indianapolis,''; and
       (2) by adding at the end the following:
       ``(B) Corridor from Sarnia, Ontario, Canada, southwesterly 
     along Interstate Route 94 to the Ambassador Bridge 
     interchange in Detroit, Michigan.
       ``(C) Corridor from Windsor, Ontario, Canada, through 
     Detroit, Michigan, westerly along Interstate Route 94 to 
     Chicago, Illinois.''.
                                  ____


                           Amendment No. 1380

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

     SEC. 18  . INTERNATIONAL BRIDGE, SAULT STE. MARIE, MICHIGAN.

       The International Bridge authority, or its successor 
     organization, shall be permitted to continue collecting tolls 
     for maintenance of, operation of, capital improvements to, 
     and future expansions to the International Bridge, Sault Ste. 
     Marie, Michigan, and its approaches, plaza areas, and 
     associated structures.
                                  ____


                           amendment No. 1381

       On page 304, after line 24, add the following:
       (p) Crediting of Contributions by Units of Local Government 
     Toward the State Share.--Section 323 of title 23, United 
     States Code, is amended by adding at the end the following:
       ``(e) Crediting of Contributions by Units of Local 
     Government Toward the State Share.--A contribution of real 
     property, funds, material, or a service in connection with a 
     project elegible for assistance under this title shall be 
     credited against the State share of the project at the fair 
     market value of the real property, funds, material, or 
     service.''.
                                  ____


                           Amendment No. 1382

       On page 136, after line 22, add the following:

     SEC. 11   . NATIONAL DEFENSE HIGHWAY PROGRAM.

       Section 311 of title 23, United States Code, is amended--
       (1) by striking ``Funds made available'' and inserting the 
     following:
       ``(a) Use of Administrative Funds.--Funds made available'';
       (2) by striking ``construction of projects for'' and 
     inserting the following: ``construction of--
       ``(1) projects for''; and
       (3) by striking ``may designate. With the consent'' and 
     inserting the following: ``may designate; and
       ``(2) transportation projects associated with the economic 
     redevelopment of real property that was the subject of a base 
     closure.
       ``(b) Use of Apportioned Funds.--With the consent''.
                                  ____


                           Amendment No. 1383

       On page 156, strike lines 18 through 24 and insert the 
     following:
       (1) in subsection (c), by striking ``subsection (b)(1)'' 
     and inserting ``subsections (b)(1) and (d)(3)(B)(ii)'';
       (2) in subsection (d)--
       (A) in paragraph (2), by striking ``10'' and inserting 
     ``8''; and

[[Page S10992]]

       (B) in paragraph (3)--
       (i) in the first sentence of subparagraph (A), by striking 
     ``80'' and inserting ``82''; and
       (ii) in subparagraph (B)--
       (I) by striking ``Of the amounts required tobe'' and 
     inserting the following:
       ``(i) In general.--Of the amounts required to be''; and
       (II) by adding at the end the following:
       ``(ii) Roads classified as minor collectors.--Not more than 
     15 percent of the amounts required to be obligated under this 
     subparagraph may be obligated for roads functionally 
     classified as minor collectors.''; and
       (3) in subsection (e)--
                                 2_____
                                 

                       ABRAHAM AMENDMENT NO. 1384

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       On page 156, strike line 18 and insert the following:
       (1) in subsection (b)(9), by striking ``section 
     108(f)(1)(A) (other than clauses (xii) and (xvi)) of the 
     Clean Air Act'' and inserting ``section 108(f)(1)(A) (other 
     than clause (xvi)) of the Clean Air Act (42 U.S.C. 
     7408(f)(1)(A))'';
       (2) in subsection (d)--
       On page 156, line 24, strike ``(2)'' and insert ``(3)''.
                                 ______
                                 

                 ABRAHAM (AND LEVIN) AMENDMENT NO. 1385

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself and Mr. Levin) submitted an amendment 
intended to be proposed by them to the bill, S. 1173, supra; as 
follows:

       On page 130, strike lines 19 through 22 and insert the 
     following:
       (4) in paragraph (3)--
       (A) by inserting ``or maintenance of the standard'' after 
     ``standard''; and
       (B) by striking ``or'' at the end;
        (5) in paragraph (4)--
       (A) by inserting ``or maintenance'' after ``attainment''; 
     and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (6) by inserting after paragraph (4) the following:
       ``(5) to purchase mass transit vehicles or to construct 
     mass transit facilities.''.
                                 ______
                                 

                       ABRAHAM AMENDMENT NO. 1386

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       At the end of the amendment add the following:

     SEC.   . BLOCK GRANT ACCOUNT.

       Section 9503 of the Internal Revenue Code of 1986 (relating 
     to Highway Trust Fund), as amended by section 901(d) of the 
     Taxpayer Relief Act of 1997, is amended by adding at the end 
     the following:
       ``(f) Establishment of Block Grant Account.--
       ``(1) Creation of account.--There is established in the 
     Highway Trust Fund a separate account to be known as the 
     `Block Grant Account', consisting of such amounts as may be 
     transferred or credited to the Block Grant Account as 
     provided in this subsection or section 9602(b).
       ``(2) Transfers to block grant account.--
       ``(A) In general.--The Secretary of the Treasury shall 
     transfer to the Block Grant Account the block grant portion 
     of the amounts appropriated to the Highway Trust Fund under 
     subsection (b) which are attributable to taxes under sections 
     4041 and 4081 imposed after September 30, 1997.
       ``(B) Block grant portion.--For purposes of subparagraph 
     (A), the term `block grant portion' means an amount 
     determined at the rate of .3 cent for each gallon with 
     respect to which tax was imposed under section 4041 or 4081.
       ``(3) Expenditures from account.--
       ``(A) In general.--The applicable percentage of the amounts 
     in the Block Grant Account shall be available, as provided by 
     appropriation Acts, to each State for making expenditures 
     after September 30, 1997, for projects which are or would 
     otherwise be funded under the Intermodal Surface 
     Transportation Efficiency Act of 1997.
       ``(B) Applicable percentage.--The applicable percentage for 
     any State in any fiscal year is the State's percentage of the 
     total expenditures allocated to all States from the Highway 
     Trust Fund (other than the Block Grant Account) for the 
     preceding fiscal year.
       ``(C) Enforcement.--If the Secretary determines that a 
     State has used funds under this paragraph for a purpose that 
     is not described in subparagraph (A), the amount of the 
     improperly used funds shall be deducted from any amount the 
     State would otherwise receive from the Highway Trust Fund for 
     the fiscal year that begins after the date of the 
     determination.''.
                                 ______
                                 

                   DOMENICI AMENDMENTS NOS. 1387-1394

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted eight amendments intended to be proposed by 
him to the bill, S. 1173, supra; as follows:

                           Amendment No. 1387

       Beginning on page 339, strike line 11 and all that follows 
     through page 341, line 16, and insert the following:
       ``(ii) in cooperation with other Federal departments, 
     agencies, and instrumentalities and multipurpose Federal 
     laboratories; or
       ``(iii) by making grants to, or entering into contracts, 
     cooperative agreements, and other transactions with, the 
     National Academy of Sciences, the American Association of 
     State Highway and Transportation Officials, or any State 
     agency, authority, association, institution, for-profit or 
     nonprofit corporation, organization, foreign country, or 
     person.
       ``(C) Technical innovation.--The Secretary shall develop 
     and carry out programs to facilitate the application of such 
     products of research and technical innovations as will 
     improve the safety, efficiency, and effectiveness of the 
     transportation system.
       ``(D) Funds.--
       ``(i) In general.--Except as otherwise specifically 
     provided in other sections of this chapter--
       ``(I) to carry out this subsection, the Secretary shall 
     use--
       ``(aa) funds made available under section 541 for research, 
     technology, and training; and
       ``(bb) such funds as may be deposited by any cooperating 
     organization or person in a special account of the Treasury 
     established for this purpose; and
       ``(II) the funds described in item (aa) shall remain 
     available for obligation for a period of 3 years after the 
     last day of the fiscal year for which the funds are 
     authorized.
       ``(ii) Use of funds.--The Secretary shall use funds 
     described in clause (i) to develop, administer, communicate, 
     and promote the use of products of research, development, and 
     technology transfer programs under this section.
       ``(2) Collaborative research and development.--
       ``(A) In general.--To encourage innovative solutions to 
     surface transportation problems and stimulate the deployment 
     of new technology, the Secretary may carry out, on a cost-
     shared basis, collaborative research and development with--
       ``(i) non-Federal entities, including State and local 
     governments, foreign governments, colleges and universities, 
     corporations, institutions, partnerships, sole 
     proprietorships, and trade associations that are incorporated 
     or established under the laws of any State; and
       ``(ii) multipurpose Federal laboratories.
                                  ____


                           Amendment No. 1388

       On page 385, line 13, strike ``and'' after the semicolon.
       On page 385, line 17, strike the period and insert a 
     semicolon.
       On page 385, between lines 17 and 18, insert the following:
       ``(15) to promote the deployment of new intelligent 
     transportation system technologies at international ports of 
     entry into the United States to detect and deter illegal 
     narcotic smuggling; and
       ``(16) to promote the deployment of intelligent 
     transportation systems to expedite the movement of commercial 
     cargo through international ports of entry into the United 
     States.
                                  ____


                           Amendment No. 1389

       On page 371, line 6, strike ``and'' after the semicolon.
       On page 371, line 10, strike the period and insert ``; 
     and''.
       On page 371, between lines 10 and 11, insert the following:
       ``(6) the development of new nondestructive bridge 
     evaluation technologies and techniques.
                                  ____


                           Amendment No. 1390

       At the appropriate place, insert the following:

     SEC.   . DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

       (a) Commercial Zone Defined.--The term ``commercial zone'' 
     means a zone containing lands adjacent to, and commercially a 
     part of, 1 or more municipalities with respect to which the 
     exception described in section 13506(b)(1) of title 49, 
     United States Code, applies.
       (b) Designation of Zone.--
       (1) In general.--The area described in paragraph (2) is 
     designated as a commercial zone, to be known as the ``New 
     Mexico Commercial Zone''.
       (2) Description of area.--The area described in this 
     paragraph is the area that is comprised of Dona Ana County 
     and Luna County in New Mexico.
       (c) Savings Provision.--Nothing in this Act shall affect 
     any action commenced, or pending before the Secretary of 
     Transportation or Surface Transportation Board before the 
     date of enactment of this Act.
                                  ____


                           Amendment No. 1391

       On page 320, strike lines 11 and 12 and insert the 
     following:
       ``(I) surface transportation safety;
       ``(J) infrastructure finance studies; or
       ``(K) development and testing of innovative technologies 
     for bridge construction and nondestructive evaluation.
                                  ____


                           Amendment No. 1392

       On page 98 line 13, insert ``, and is projected to grow in 
     the future,'' after ``103-182)''.
       On page 98 line 17, insert ``, and is projected to grow,'' 
     after ``grown''.

[[Page S10993]]

     
                                  ____
                           Amendment No. 1393

       On page 389, line 4, insert ``the national laboratories,'' 
     after ``universities,''.
                                  ____


                           Amendment No. 1394

       On page 122, line 6, strike ``of the'' and insert the 
     following: ``of--
       (1) the''.
       On page 122, line 11, strike the period and insert ``; 
     and''.
       On page 122, between lines 11 and 12, insert the following:
       (2)(A) Interstate Business Loop 35 in Santa Rosa, New 
     Mexico, connecting United States Route 84 and United States 
     Route 54 to Interstate Route 40;
       (B) New Mexico Route 14 in Sante Fe, New Mexico, connecting 
     Interstate Route 25 and United States Route 84; and
       (C) United States Route 550 from Farmington, New Mexico, to 
     Aztec, New Mexico.
                                 ______
                                 

                      BROWNBACK AMENDMENT NO. 1395

  (Ordered to lie on the table.)
  Mr. BROWNBACK submitted an amendment intended to be proposed by him 
to the bill, S. 1173, supra; as follows:

       On page 156, strike lines 19 and 20 and insert the 
     following:
       (A) in paragraph (2)--
       (i) by striking ``activities.--10'' and inserting the 
     following: ``activities.--
       ``(A) In general.--Subject to subparagraph (B), 8''; and
       (ii) by adding at the end the following:
       ``(B) Waiver by the secretary.--The Secretary may waive the 
     application of subparagraph (A) with respect to a State upon 
     receipt of a petition from the State requesting the 
     waiver.''; and
                                 ______
                                 

                      DOMENICI AMENDMENT NO. 1396

  (Ordered to lie on the table.)
  Mr. DOMENICI submitted an amendment intended to be proposed by him to 
the bill, S. 1173, supra; as follows:

       On page 345, strike line 14 and insert the following: 
     report required under section 5221(d) of title 49.
       ``(d) Revised National Laboratory Overhead Rates.--In 
     connection with activities conducted under this section 
     through a national laboratory, the Secretary of Energy shall 
     establish a revised overhead rate that--
       ``(1) is commensurate with services of the national 
     laboratory actually used by the Secretary of Transportation; 
     and
       ``(2) does not reflect overhead charges associated with 
     legacy wastes and security for nuclear operations or any 
     other additional charges.''.
                                 ______
                                 

                  BYRD (AND OTHERS) AMENDMENT NO. 1397

  (Ordered to lie on the table.)
  Mr. BYRD (for himself, Mr. Gramm, Mr. Baucus, Mr. Warner, Mr. Akaka, 
Mr. Ashcroft, Mr. Breaux, Mr. Bryan, Mr. Bumpers, Mr. Burns, Mr. 
Cleland, Mr. Coats, Mr. Coverdell, Mr. DeWine, Mr. Dorgan, Mr. 
Faircloth, Mrs. Feinstein, Mr. Ford, Mr. Grams, Mr. Harkin, Mr. 
Hollings, Mr. Hutchinson, Mr. Inhofe, Mr. Inouye, Mr. Johnson, Mr. 
Kennedy, Mr. Kerrey, Mr. Kerry, Ms. Landrieu, Mr. Leahy, Mr. Lieberman, 
Mr. McCain, Mr. McConnell, Ms. Mikulski, Mr. Reid, Mr. Rockefeller, Mr. 
Santorum, Mr. Sessions, Mr. Shelby, and Mr. Specter) submitted an 
amendment intended to be proposed by them to the bill, S. 1173, supra; 
as follows:

       Strike the last word and insert the following:

     SEC. 1128. GAS TAX HONESTY PROGRAM.

       (a) In General.--
       (1) Apportionment.--On October 1 of each fiscal year, the 
     Secretary shall apportion the funds authorized for the gas 
     tax honesty program under this subsection among the States in 
     the ratio that--
       (A) the total of the apportionments to each State under 
     section 104 of title 23, United States Code, and allocations 
     to each State under section 105(a) of that title; bears to
       (B) the total of all apportionments to all States under 
     section 104 of that title and allocations to all States under 
     section 105(a) of that title.
       (2) Eligible projects.--A State may obligate funds 
     authorized for the gas tax honesty program under this 
     subsection for any project eligible for funding under section 
     133(b) of title 23, United States Code.
       (3) Authorization of contract authority.--
       (A) In general.--There shall be available from the Highway 
     Trust Fund (other than the Mass Transit Account) to carry out 
     this subsection $5,370,000,000 for fiscal year 1999, 
     $5,471,000,000 for fiscal year 2000, $5,573,000,000 for 
     fiscal year 2001, $5,676,000,000 for fiscal year 2002, and 
     $5,781,000,000 for fiscal year 2003.
       (B) Contract authority.--Funds authorized under this 
     paragraph shall be available for obligation in the same 
     manner as if the funds were apportioned under chapter 1 of 
     title 23, United States Code.
       (4) Treatment of apportionments.--Fifty percent of the 
     amounts apportioned under paragraph (1) shall be subject to 
     section 133(d) of title 23, United States Code.
       (b) Spending Adjustment for Highway Programs.--
       (1) In general.--If--
       (A) the baseline projections for the fiscal year 1999 
     budget resolution contain the savings in budget outlays for 
     fiscal years 1998 through 2002 (as compared to budget outlay 
     levels projected in the Balanced Budget Agreement) that are 
     contained in the President's fiscal year 1998 midsession 
     review; and
       (B) the assumptions for the fiscal year 1999 budget 
     resolution allow these outlay savings to be spent;

     that resolution should ensure that any additional spending of 
     these savings be used to fully fund the highway spending 
     resulting from this Act, as modified by this section.
       (2) Maximum amount.--The amount of additional spending 
     provided in the resolution shall not exceed the savings 
     identified in paragraph (1)(A) for the applicable fiscal 
     year.
       (c) Other Adjustments.--
       (1) In general.--Notwithstanding sections 1116, 1117, and 
     1118, and the amendments made by those sections--
       (A) in lieu of the amounts authorized to be appropriated 
     under section 1116(d)(5)--
       (i) there shall be available from the Highway Trust Fund 
     (other than the Mass Transit Account) to carry out section 
     1116(d) $50,000,000 for fiscal year 1999 and $100,000,000 for 
     each of fiscal years 2000 through 2003; and
       (ii) there are authorized to be appropriated to carry out 
     section 1116(d) $125,000,000 for fiscal year 1998 and 
     $25,000,000 for each of fiscal years 1999 through 2003;
       (B) in addition to the funds made available under the 
     amendment made by section 1117(d), there shall be available 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) in the manner described in, and to carry out the 
     purposes specified in, that amendment $415,000,000 for fiscal 
     year 1999, $415,000,000 for fiscal year 2000, $450,000,000 
     for fiscal year 2001, $440,000,000 for fiscal year 2002, and 
     $480,000,000 for fiscal year 2003, except that the funds made 
     available under this subparagraph--
       (i) shall be subject to the obligation limitations 
     established under section 1103 or any other provision of law; 
     and
       (ii) notwithstanding section 118(g)(1)(C)(v) of title 23, 
     United States Code, shall be subject to subparagraphs (A) and 
     (B) of section 118(g)(1) of that title; and
       (C) in addition to the sums made available under section 
     1101(1), there shall be available from the Highway Trust Fund 
     (other than the Mass Transit Account) for the Interstate and 
     National Highway System program $90,000,000 for each of 
     fiscal years 1999 through 2003, which funds shall be 
     allocated by the Secretary for projects described in 
     subparagraphs (A), (B), and (C) of section 104(k)(1) of title 
     23, United States Code, to any State for which--
       (i) the ratio that--

       (I) the State's percentage of total Federal-aid highway 
     program apportionments and Federal lands highways program 
     allocations under the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1914), and allocations 
     under sections 1103 through 1108 of that Act (105 Stat. 
     2027), for the period of fiscal years 1992 through 1997; 
     bears to
       (II) the percentage of estimated total tax receipts 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     the period of fiscal years 1992 through 1997;

     is less than or equal to 1.00;
       (ii) the ratio that--

       (I) the State's estimated percentage of total Federal-aid 
     highway program apportionments for the period of fiscal years 
     1998 through 2003 under this Act; bears to
       (II) the percentage of estimated total tax receipts 
     attributable to highway users in the State paid into the 
     Highway Trust Fund (other than the Mass Transit Account) for 
     the period of fiscal years 1998 through 2003;

     is less than or equal to 1.00, as of the date of enactment of 
     this Act; and
       (iii) the State's estimated percentage of total Federal-aid 
     highway program apportionments for the period of fiscal years 
     1998 through 2003 under this Act, as of the date of enactment 
     of this Act, is less than the State's percentage of total 
     Federal-aid highway program apportionments and Federal lands 
     highways program allocations under the Intermodal Surface 
     Transportation Efficiency Act of 1991, and allocations under 
     sections 1103 through 1108 of that Act, for the period of 
     fiscal years 1992 through 1997.
       (2) Contract authority.--Funds authorized under 
     subparagraphs (A)(i) and (C) of paragraph (1) shall be 
     available for obligation in the same manner as if the funds 
     were apportioned under chapter 1 of title 23, United States 
     Code, except that funds made available under paragraph (1)(C) 
     shall remain available until expended.
       (3) Limitation.--No obligation authority shall be made 
     available for any amounts authorized under this subsection in 
     any fiscal year for which any obligation limitation 
     established for Federal-aid highways is equal to or less than 
     the obligation limitation established for fiscal year 1998.

                          ____________________